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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 and their |
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spouses and dependents residing 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 for a general |
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election for state and county officers to an overseas voter who is: |
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(1) a member of the armed forces of the United States; |
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or |
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(2) a spouse or dependent of a member of the armed |
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forces of the United States. |
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(b) A county with a population of 100,000 or more shall |
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participate in the electronic mail ballot program. A county with a |
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population of less than 100,000 may participate in the program only |
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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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(c) The early voting clerk in a county participating in the |
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program shall send balloting materials to an electronic mail |
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address in a form and manner prescribed by the secretary of state if |
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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; |
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(3) provides an electronic mail address that contains |
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the voter's name and the suffix ".mil" or provides an electronic |
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copy of a letter from the commanding officer of the member of the |
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armed forces that indicates that the voter is a spouse or dependent |
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of the member and is residing overseas; and |
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(4) requests that balloting materials be sent by |
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electronic mail. |
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(d) Balloting materials sent to an electronic mail address |
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under Subsection (c) 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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(e) If the early voting clerk provides a ballot to a voter at |
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an electronic mail address under Subsection (c), the clerk must |
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provide ballots to all voters who qualify under that subsection. |
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(f) If the early voting clerk provides a ballot to a voter at |
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an electronic mail address under Subsection (c), 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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(g) A ballot sent to an electronic mail address under |
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Subsection (c) 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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(h) 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 provided under this |
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section is excluded from disclosure. |
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(i) 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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(j) 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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(k) The secretary of state may adopt rules as necessary to |
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implement this section. |
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(l) Nothing in this section may be construed to impose |
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liability with respect to the electronic mail ballot program |
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created under this section on: |
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(1) an Internet service provider; |
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(2) an interactive computer service, as defined by 47 |
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U.S.C. Section 230; |
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(3) a telecommunications service, as defined by 47 |
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U.S.C. Section 153; or |
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(4) a cable operator, as defined by 47 U.S.C. Section |
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522. |
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SECTION 2. This Act takes effect September 1, 2009. |
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* * * * * |