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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) The early voting clerk shall provide an official ballot |
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to each registered voter in the city in the manner provided by |
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Chapter 86. |
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(c) 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 and the balloting materials |
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are to be sent to a different address as authorized by Section |
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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 in which the ballots are mailed to the voters. |
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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 automatically will be mailed to each |
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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, in which case the ballot will be mailed to an authorized |
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address stated on the application; and |
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(3) 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. |