79S31149 DRH-D

By:  Van de Putte                                                 S.B. No. 34 



A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a pilot program to provide a ballot 
by electronic mail to military personnel serving overseas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 101, Election Code, is amended by adding 
Section 101.0071 to read as follows:
	Sec. 101.0071.  ELECTRONIC MAIL BALLOT PILOT PROGRAM.  (a)  
Not later than August 15, 2006, the secretary of state shall 
implement a pilot program to evaluate the use of electronic mail to 
provide balloting materials to overseas voters who are members of 
the armed forces of the United States for the general election for 
state and county officers in 2006.  A county may participate in the 
pilot program only if:
		(1)  the early voting clerk of the county makes a 
request to the secretary of state to participate; and
		(2)  the secretary of state approves the request.                      
	(b)  After balloting materials have been provided to the 
voter in accordance with Section 101.007(a), the early voting clerk 
in a county participating in the pilot program may send balloting 
materials to an electronic mail address in a form and manner 
prescribed by the secretary of state if the voter:
		(1)  is an FPCA registrant and is eligible for early 
voting by mail under Sections 101.001(1) and (2)(A);
		(2)  provides a current address that is located outside 
the United States and is voting from outside the United States;
		(3)  provides an electronic mail address that contains 
the voter's name and the suffix ".mil"; and
		(4)  requests that balloting materials be sent by 
electronic mail because the voter did not receive the balloting 
materials provided under Section 101.007(a).
	(c)  Balloting materials sent to an electronic mail address 
under Subsection (b) shall include a signature sheet for the voter.
	(d)  If the early voting clerk provides a ballot to a voter at 
an electronic mail address under Subsection (b), the clerk must 
provide ballots to all voters who qualify under that subsection.
	(e)  If the early voting clerk provides a ballot to a voter at 
an electronic mail address under Subsection (b), the clerk shall 
amend the voter's federal postcard application for future elections 
with the voter's current address.
	(f)  A ballot sent to an electronic mail address under 
Subsection (b) must be returned with the signature sheet.
	(g)  An electronic mail address provided under this section 
is confidential and does not constitute public information for 
purposes of Chapter 552, Government Code.  The early voting clerk 
shall ensure that an electronic mail address provided under this 
section is excluded from disclosure.
	(h)  If a voter returns both a voted ballot mailed to the 
voter under Section 101.007(a) and a voted ballot provided 
electronically to the voter under this section, only the ballot 
that was provided electronically may be counted.
	(i)  All other provisions of this code that would normally 
apply to a ballot voted under this chapter apply to a ballot voted 
under this section, including the deadline provided by Section 
86.007 and electronic transmission of a ballot under Section 
105.001.
	(j)  The secretary of state may adopt rules as necessary to 
implement this section.
	(k)  At the conclusion of the pilot program established under 
this section, but not later than February 15, 2007, the secretary of 
state shall file a report on the program with the legislature.  The 
report may include the secretary of state's:
		(1)  recommendations relating to the continued 
feasibility of providing balloting materials by electronic mail to 
military personnel overseas; and
		(2)  suggestions for permanent statutory authority 
regarding the provision of balloting materials by electronic mail.
	(l)  This section expires February 16, 2007.                            
	SECTION 2.  This Act takes effect June 1, 2006, if it 
receives a vote of two-thirds of all the members elected to each 
house as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for effect on that 
date, this Act takes effect on the 91st day after the last day of the 
legislative session.