By: Corte, Bohac, Chavez, Branch, H.B. No. 71
      Miller of Erath, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to voting by military personnel serving overseas,
  including the provision of ballots by electronic mail to military
  personnel, their spouses, and dependents and to identification
  requirements applicable to military personnel serving in combat
  zones.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 63, Election Code, is amended by adding
  Section 63.0013 to read as follows:
         Sec. 63.0013.  EXEMPTION FROM PROOF OF IDENTIFICATION
  REQUIREMENT: ACTIVE DUTY MILITARY PERSONNEL SERVING IN COMBAT ZONE.
  (a) A voter is exempt from the proof of identification requirements
  prescribed by Section 63.0101 if the voter is a member of the armed
  forces of the United States who is on active duty under the lawful
  orders of competent authority in an area that has been designated by
  the president of the United States as a combat zone.
         (b)  The secretary of state shall prescribe procedures as
  necessary to implement this section.
         SECTION 2.  Chapter 101, Election Code, is amended by adding
  Section 101.0072 to read as follows:
         Sec. 101.0072.  ELECTRONIC MAIL BALLOT PROGRAM.  (a)  The
  secretary of state shall implement a program to allow the use of
  electronic mail to provide balloting materials for a general
  election for state and county officers to an overseas voter who is:
               (1)  a member of the armed forces of the United States;
  or
               (2)  a spouse or dependent of a member of the armed
  forces of the United States.
         (b)  A county with a population of 100,000 or more shall
  participate in the electronic mail ballot program.  A county with a
  population of less than 100,000 may participate in the 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.
         (c)  The early voting clerk in a county participating in the
  program shall 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;
               (3)  provides an electronic mail address that contains
  the voter's name and the suffix ".mil" or provides an electronic
  copy of a letter from the commanding officer of the member of the
  armed forces that indicates that the voter is a spouse or dependent
  of the member and is residing overseas; and
               (4)  requests that balloting materials be sent by
  electronic mail.
         (d)  Balloting materials sent to an electronic mail address
  under Subsection (c) shall include a signature sheet for the voter.
         (e)  If the early voting clerk provides a ballot to a voter at
  an electronic mail address under Subsection (c), the clerk must
  provide ballots to all voters who qualify under that subsection.
         (f)  If the early voting clerk provides a ballot to a voter at
  an electronic mail address under Subsection (c), the clerk shall
  amend the voter's federal postcard application for future elections
  with the voter's current address.
         (g)  A ballot sent to an electronic mail address under
  Subsection (c) must be returned with the signature sheet by the
  method provided by:
               (1)  Section 101.008; or
               (2)  Section 105.001, regardless of whether the voter
  would qualify under that section.
         (h)  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.
         (i)  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.
         (j)  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.
         (k)  The secretary of state may adopt rules as necessary to
  implement this section.
         (l)  Nothing in this section may be construed to impose
  liability with respect to the electronic mail ballot program
  created under this section on:
               (1)  an Internet service provider;
               (2)  an interactive computer service, as defined by 47
  U.S.C. Section 230;
               (3)  a telecommunications service, as defined by 47
  U.S.C. Section 153; or
               (4)  a cable operator, as defined by 47 U.S.C. Section
  522.
         SECTION 3.  This Act takes effect September 1, 2009.