| |
|
|
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 July 1, 2008, 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 2008. 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 by the |
|
|
method provided by Section 101.008 unless the person qualifies for |
|
|
a different method under Section 105.001. |
|
|
(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. A ballot returned |
|
|
under this chapter shall be processed in the same manner as any |
|
|
other ballot voted by mail as provided by Chapter 87. |
|
|
(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, 2009, 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, 2009. |
|
|
SECTION 2. This Act takes effect September 1, 2007. |
|
|
|
|
|
* * * * * |