By: Janek S.B. No. 361
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the deadline for submitting a federal postcard
application to the early voting clerk.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subsections (e), (f), and (i), Section 101.004,
Election Code, are amended to read as follows:
       (e)  An applicant who otherwise complies with applicable
requirements is entitled to receive a full ballot to be voted by
mail under this chapter if:
             (1)  the applicant submits a federal postcard
application to the early voting clerk on or before:
                   (A)  the 30th day before election day; or
                   (B)  for an applicant described by Section
101.001(2)(A) or (B), the 20th day before election day; and
             (2)  the application contains the information that is
required for registration under Title 2.
       (f)  The applicant is entitled to receive only a federal
ballot to be voted by mail under Chapter 114 if:
             (1)  the applicant submits the federal postcard
application to the early voting clerk after the date provided by
Subsection (e)(1) [30th day before election day] and before the
sixth day before election day; and
             (2)  the application contains the information that is
required for registration under Title 2.
       (i)  Except as provided by Subsection (l), for purposes of
determining the date a federal postcard application is submitted to
the early voting clerk, an application is considered to be
submitted on the date it is placed and properly addressed in the
United States mail.  An application mailed from an Army/Air Force
Post Office (APO) or Fleet Post Office (FPO) is considered placed in
the United States mail. The date indicated by the post office
cancellation mark, including a United States military post office
cancellation mark, is considered to be the date the application was
placed in the mail unless proven otherwise. For purposes of an
application made under:
             (1)  Subsection (e)(1)(A) [(e)]:
                   (A)  [(1)] an application that does not contain a
cancellation mark is considered to be timely if it is received by
the early voting clerk on or before the 22nd day before election
day; and
                   (B)  [(2)] if the 30th day before the date of an
election is a Saturday, Sunday, or legal state or national holiday,
an application is considered to be timely if it is submitted to the
early voting clerk on or before the next regular business day; and
             (2)  Subsection (e)(1)(B):
                   (A)  an application that does not contain a
cancellation mark is considered to be timely if it is received by
the early voting clerk on or before the 15th day before election
day; and
                   (B)  if the 20th day before the date of an election
is a Saturday, Sunday, or legal state or national holiday, an
application is considered to be timely if it is submitted to the
early voting clerk on or before the next regular business day.
       SECTION 2.  The changes in law made by this Act apply only to
an election held on or after January 1, 2008.
       SECTION 3.  This Act takes effect September 1, 2007.