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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a program to provide a ballot by |
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electronic mail to military personnel serving overseas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 101, Election Code, is amended by adding |
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Section 101.0072 to read as follows: |
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Sec. 101.0072. ELECTRONIC MAIL BALLOT PROGRAM. (a) The |
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secretary of state shall implement a program to allow the use of |
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electronic mail to provide balloting materials to overseas voters |
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who are members of the armed forces of the United States for a |
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general election for state and county officers. A county with a |
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population of 100,000 or more shall participate in the program. A |
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country with a population of less than 100,000 may participate in |
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the program only if: |
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(1) the early voting clerk of the county makes a |
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request to the secretary of state to participate; and |
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(2) the secretary of state approves the request. |
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(b) After balloting materials have been provided to the |
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voter in accordance with Section 101.007(a), the early voting clerk |
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in a county participating in the program shall send balloting |
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materials to an electronic mail address in a form and manner |
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prescribed by the secretary of state if the voter: |
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(1) is an FPCA registrant and is eligible for early |
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voting by mail under Sections 101.001(1) and (2)(A); |
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(2) provides a current address that is located outside |
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the United States and is voting from outside the United States; |
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(3) provides an electronic mail address that contains |
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the voter's name and the suffix ".mil"; and |
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(4) requests that balloting materials be sent by |
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electronic mail because the voter did not receive the balloting |
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materials provided under Section 101.007(a). |
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(c) Balloting materials sent to an electronic mail address |
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under Subsection (b) shall include a signature sheet for the voter. |
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The secretary of state shall prescribe procedures to allow for the |
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signature sheet to be signed by a voter using a digital signature. |
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(d) If the early voting clerk provides a ballot to a voter at |
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an electronic mail address under Subsection (b), the clerk must |
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provide ballots to all voters who qualify under that subsection. |
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(e) If the early voting clerk provides a ballot to a voter at |
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an electronic mail address under Subsection (b), the clerk shall |
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amend the voter's federal postcard application for future elections |
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with the voter's current address. |
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(f) A ballot sent to an electronic mail address under |
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Subsection (b) must be returned with the signature sheet by the |
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method provided by: |
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(1) Section 101.008; or |
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(2) Section 105.001, regardless of whether the voter |
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would qualify under that section. |
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(g) An electronic mail address provided under this section |
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is confidential and does not constitute public information for |
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purposes of Chapter 552, Government Code. The early voting clerk |
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shall ensure that an electronic mail address proved under this |
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section is excluded from disclosure. |
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(h) If a voter returns both a voted ballot mailed to the |
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voter under Section 101.007(a) and a voted ballot provided |
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electronically to the voter under this section, only the ballot |
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that was provided electronically may be counted. A ballot returned |
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under this chapter shall be processed in the same manner as any |
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other ballot voted by mail as provided by Chapter 87. |
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(i) All other provisions of this code that would normally |
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apply to a ballot voted under this chapter apply to a ballot voted |
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under this section, including the deadline provided by Section |
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86.007 and electronic transmission of a ballot under Section |
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105.001. |
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(j) The secretary of state may adopt rules as necessary to |
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implement this section. |
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SECTION 2. This Act takes effect September 1, 2009. |