81R1428 JRH-D
 
  By: Madden, Peña H.B. No. 551
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the electronic transmission of a federal postcard
  application used for voting.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 101.004, Election Code, is amended by
  amending Subsections (a) and (i) and adding Subsections (a-1) and
  (m) to read as follows:
         (a)  A federal postcard application must be submitted [by
  mailing it] to the early voting clerk for the election who serves
  the election precinct of the applicant's residence.
         (a-1)  A federal postcard application must be submitted by:
               (1)  mail; or
               (2)  electronic transmission of an image of the
  application under procedures prescribed by the secretary of state.
         (i)  Except as provided by Subsections [Subsection] (l) and
  (m), 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 Subsection
  (e):
               (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 15th day before election
  day; and
               (2)  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.
         (m)  The secretary of state by rule shall establish the date
  on which a federal postcard application is considered to be
  electronically submitted to the early voting clerk.
         SECTION 2.  This Act takes effect September 1, 2009.