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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic transmission of a federal postcard |
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application used for voting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.004, Election Code, is amended by |
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amending Subsections (a) and (i) and adding Subsections (a-1) and |
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(m) to read as follows: |
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(a) A federal postcard application must be submitted [by
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mailing it] to the early voting clerk for the election who serves |
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the election precinct of the applicant's residence. |
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(a-1) A federal postcard application must be submitted by: |
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(1) mail; or |
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(2) electronic transmission of an image of the |
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application under procedures prescribed by the secretary of state. |
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(i) Except as provided by Subsections [Subsection] (l) and |
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(m), for purposes of determining the date a federal postcard |
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application is submitted to the early voting clerk, an application |
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is considered to be submitted on the date it is placed and properly |
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addressed in the United States mail. An application mailed from an |
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Army/Air Force Post Office (APO) or Fleet Post Office (FPO) is |
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considered placed in the United States mail. The date indicated by |
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the post office cancellation mark, including a United States |
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military post office cancellation mark, is considered to be the |
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date the application was placed in the mail unless proven |
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otherwise. For purposes of an application made under Subsection |
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(e): |
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(1) an application that does not contain a |
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cancellation mark is considered to be timely if it is received by |
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the early voting clerk on or before the 15th day before election |
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day; and |
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(2) if the 20th day before the date of an election is a |
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Saturday, Sunday, or legal state or national holiday, an |
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application is considered to be timely if it is submitted to the |
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early voting clerk on or before the next regular business day. |
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(m) The secretary of state by rule shall establish the date |
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on which a federal postcard application is considered to be |
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electronically submitted to the early voting clerk. |
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SECTION 2. This Act takes effect September 1, 2009. |