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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of small cities to conduct elections only |
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by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 7, Election Code, is amended by |
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adding Chapter 107 to read as follows: |
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CHAPTER 107. VOTING BY MAIL IN CERTAIN SMALL CITIES |
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Sec. 107.001. AUTHORITY TO CONDUCT MAIL-ONLY ELECTION. (a) |
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A city with a population of less than 250 may by ordinance provide |
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that one or more elections held by the city will be conducted only |
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by mail under this chapter. |
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(b) The ordinance must be adopted before the 90th day before |
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the election date of the first election conducted by mail under this |
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chapter. |
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Sec. 107.002. CONDUCT OF MAIL-ONLY ELECTION. (a) In an |
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election held under this chapter: |
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(1) a person must vote early by mail; and |
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(2) voting by personal appearance is not permitted. |
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(b) Not more than 45 days and not less than 21 days before |
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the deadline for requesting a ballot under this section, the early |
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voting clerk shall send to each registered voter of the city a |
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postage-paid ballot application. The city shall include with the |
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ballot application a statement to educate voters about the |
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mail-only election that contains instructions on how to obtain a |
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ballot and how to vote in the election. |
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(c) To vote in an election held under this chapter, a |
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registered voter must request a ballot from the early voting clerk, |
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in writing or in person at the office of the early voting clerk, not |
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later than the seventh day before election day. A written request |
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must be signed by the voter. The early voting clerk shall provide |
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an official ballot to each registered voter in the city who requests |
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a ballot under this subsection in the manner provided by Chapter 86. |
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(d) The balloting materials must be sent to the address at |
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which the voter is registered to vote, unless the voter has applied |
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for a ballot to be voted early by mail under Chapter 84 and the |
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balloting materials are to be sent to a different address as |
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authorized by Section 86.003(c). |
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Sec. 107.003. NOTICE OF MAIL-ONLY ELECTION. (a) A city |
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conducting an election by mail under this chapter shall publish |
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notice in a newspaper of general circulation in the city at least |
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once during the week before the deadline for a voter to request a |
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ballot. |
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(b) The notice must state: |
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(1) that there will be no voting by personal |
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appearance for the election; |
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(2) that a ballot will not be mailed to a voter and the |
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voter may not vote in the election unless the voter requests a |
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ballot in writing or in person from the early voting clerk; |
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(3) that if requested, the ballot will be mailed to a |
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registered voter at the address at which the voter is registered to |
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vote, unless the voter has submitted an application to vote early by |
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mail on grounds of age, disability, confinement in jail, or absence |
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from the voter's county of residence, in which case the ballot will |
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be mailed to an authorized address stated on the application; |
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(4) the deadline for requesting a ballot; and |
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(5) the deadline for returning marked ballots. |
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Sec. 107.004. TIME FOR PROVIDING BALLOT. (a) Except as |
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provided by Subsection (b), the balloting materials for an election |
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held under this chapter shall be mailed to a voter not later than |
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the 25th day before election day. |
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(b) Section 86.004 applies to the mailing of a ballot to a |
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voter who applied for a ballot to be voted early by mail under |
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Chapter 84. |
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Sec. 107.005. APPLICABILITY OF EARLY VOTING BY MAIL |
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PROVISIONS. Except as otherwise provided by this chapter, the |
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provisions applicable to early voting by mail apply to an election |
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held under this chapter. |
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Sec. 107.006. ADDITIONAL PROCEDURES. The secretary of |
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state shall prescribe any additional procedures necessary to |
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implement this chapter. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |