|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the adoption of voting procedures necessary to |
|
implement the federal Military and Overseas Voter Empowerment Act. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 101, Election Code, is amended to read as |
|
follows: |
|
CHAPTER 101. VOTING BY RESIDENT FEDERAL POSTCARD APPLICANT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 101.001. ELIGIBILITY. A person is eligible for early |
|
voting by mail as provided by this chapter if: |
|
(1) the person is qualified to vote in this state or, |
|
if not registered to vote in this state, would be qualified if |
|
registered; and |
|
(2) the person is: |
|
(A) a member of the armed forces of the United |
|
States, or the spouse or a dependent of a member; |
|
(B) a member of the merchant marine of the United |
|
States, or the spouse or a dependent of a member; or |
|
(C) domiciled in this state but temporarily |
|
living outside the territorial limits of the United States and the |
|
District of Columbia. |
|
Sec. 101.002. GENERAL CONDUCT OF VOTING. Voting under this |
|
chapter shall be conducted and the results shall be processed as |
|
provided by Subtitle A for early voting by mail, except as otherwise |
|
provided by this chapter. |
|
Sec. 101.003. DEFINITIONS. [FORM AND CONTENTS OF
|
|
APPLICATION. (a) An application for a ballot to be voted under
|
|
this chapter must:
|
|
[(1) be submitted on an official federal postcard
|
|
application form; and
|
|
[(2) include the information necessary to indicate
|
|
that the applicant is eligible to vote in the election for which the
|
|
ballot is requested.
|
|
[(b)] In this chapter: |
|
(1) "Federal [, "federal] postcard application" means |
|
an application for a ballot to be voted under this chapter submitted |
|
on the official federal form prescribed under the federal Uniformed |
|
and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff |
|
et seq.). |
|
(2) "FPCA registrant" means a person registered to |
|
vote under Section 101.055. |
|
Sec. 101.004. NOTING FPCA REGISTRATION ON POLL LIST. For |
|
each FPCA registrant accepted to vote, a notation shall be made |
|
beside the voter's name on the early voting poll list indicating |
|
that the voter is an FPCA registrant. |
|
Sec. 101.005. NOTING FPCA REGISTRATION AND E-MAIL ON EARLY |
|
VOTING ROSTER. The entry on the early voting roster pertaining to a |
|
voter under this chapter who is an FPCA registrant must include a |
|
notation indicating that the voter is an FPCA registrant. The early |
|
voting clerk shall note on the early voting by mail roster each |
|
e-mail of a ballot under Subchapter C. |
|
Sec. 101.006. EXCLUDING FPCA REGISTRANT FROM PRECINCT EARLY |
|
VOTING LIST. A person to whom a ballot is provided under this |
|
chapter is not required to be included on the precinct early voting |
|
list if the person is an FPCA registrant. |
|
Sec. 101.007. DESIGNATION OF SECRETARY OF STATE. The |
|
secretary of state is designated as the state office to provide |
|
information regarding voter registration procedures and absentee |
|
ballot procedures, including procedures related to the federal |
|
write-in absentee ballot, to be used by persons eligible to vote |
|
under the federal Uniformed and Overseas Citizens Absentee Voting |
|
Act (42 U.S.C. Section 1973ff et seq.). |
|
SUBCHAPTER B. SUBMISSION OF FEDERAL POSTCARD APPLICATION |
|
Sec. 101.051. FORM AND CONTENTS OF APPLICATION. An |
|
application for a ballot to be voted under this subchapter must: |
|
(1) be submitted on an official federal postcard |
|
application form; and |
|
(2) include the information necessary to indicate that |
|
the applicant is eligible to vote in the election for which the |
|
ballot is requested. |
|
Sec. 101.052 [101.004]. SUBMITTING APPLICATION. (a) A |
|
federal postcard application must be submitted 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. |
|
(b) A federal postcard application may be submitted at any |
|
time during the calendar year in which the election for which a |
|
ballot is requested occurs, but not later than the deadline for |
|
submitting a regular application for a ballot to be voted by mail. |
|
(c) A federal postcard application requesting a ballot for |
|
an election to be held in January or February may be submitted in |
|
the preceding calendar year but not earlier than the earliest date |
|
for submitting a regular application for a ballot to be voted by |
|
mail. |
|
(d) A timely application that is addressed to the wrong |
|
early voting clerk shall be forwarded to the proper early voting |
|
clerk not later than the day after the date it is received by the |
|
wrong clerk. |
|
(e) An applicant who otherwise complies with applicable |
|
requirements is entitled to receive a full ballot to be voted by |
|
mail under this chapter if: |
|
(1) the applicant submits a federal postcard |
|
application to the early voting clerk on or before the 20th day |
|
before election day; and |
|
(2) the application contains the information that is |
|
required for registration under Title 2. |
|
(f) The applicant is entitled to receive only a federal |
|
ballot to be voted by mail under Chapter 114 if: |
|
(1) the applicant submits the federal postcard |
|
application to the early voting clerk after the date provided by |
|
Subsection (e)(1) and before the sixth day before election day; and |
|
(2) the application contains the information that is |
|
required for registration under Title 2. |
|
(g) An applicant who submits a federal postcard application |
|
to the early voting clerk on or after the sixth day before election |
|
day is not entitled to receive a ballot by mail for that election. |
|
(h) If the applicant submits the federal postcard |
|
application within the time prescribed by Subsection (f)(1) and is |
|
a registered voter at the address contained on the application, the |
|
applicant is entitled to receive a full ballot to be voted by mail |
|
under this chapter. |
|
(i) Except as provided by Subsections (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. |
|
(j) If the early voting clerk determines that an application |
|
that is submitted before the time prescribed by Subsection (e)(1) |
|
does not contain the information that is required for registration |
|
under Title 2, the clerk shall notify the applicant of that fact. |
|
If the applicant has provided a telephone number or an address for |
|
receiving mail over the Internet, the clerk shall notify the |
|
applicant by that medium. |
|
(k) If the applicant submits the missing information before |
|
the time prescribed by Subsection (e)(1), the applicant is entitled |
|
to receive a full ballot to be voted by mail under this chapter. If |
|
the applicant submits the missing information after the time |
|
prescribed by Subsection (e)(1), the applicant is entitled to |
|
receive a full ballot to be voted by mail for the next election that |
|
occurs: |
|
(1) in the same calendar year; and |
|
(2) after the 30th day after the date the information |
|
is submitted. |
|
(l) For purposes of determining the end of the period that |
|
an application may be submitted under Subsection (f)(1), an |
|
application is considered to be submitted at the time it is received |
|
by the early voting clerk. |
|
(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. |
|
Sec. 101.053 [101.0041]. ACTION BY EARLY VOTING CLERK ON |
|
CERTAIN APPLICATIONS. The early voting clerk shall notify the |
|
voter registrar of a federal postcard application submitted by an |
|
applicant that states a voting residence address located outside |
|
the registrar's county. |
|
Sec. 101.054 [101.005]. APPLYING FOR MORE THAN ONE ELECTION |
|
IN SAME APPLICATION. (a) A person may apply with a single federal |
|
postcard application for a ballot for any one or more elections in |
|
which the early voting clerk to whom the application is submitted |
|
conducts early voting. |
|
(b) An application that does not identify the election for |
|
which a ballot is requested shall be treated as if it requests a |
|
ballot for: |
|
(1) each general election in which the clerk conducts |
|
early voting; and |
|
(2) the general primary election if the application |
|
indicates party preference and is submitted to the early voting |
|
clerk for the primary. |
|
(c) An application shall be treated as if it requests a |
|
ballot for: |
|
(1) a runoff election that results from an election |
|
for which a ballot is requested; and |
|
(2) each election for a federal office, including a |
|
primary or runoff election, that occurs on or before the date of the |
|
second general election for state and county officers that occurs |
|
after the date the application is submitted. |
|
(d) An application requesting a ballot for more than one |
|
election shall be preserved for the period for preserving the |
|
precinct election records for the last election for which the |
|
application is effective. |
|
Sec. 101.055 [101.006]. FPCA VOTER REGISTRATION. [(a)] |
|
The submission of a federal postcard application that complies with |
|
the applicable requirements by an unregistered applicant |
|
constitutes registration by the applicant: |
|
(1) for the purpose of voting in the election for which |
|
a ballot is requested; and |
|
(2) under Title 2 unless the person indicates on the |
|
application that the person is residing outside the United States |
|
indefinitely. |
|
[(b) In this chapter, "FPCA registrant" means a person
|
|
registered to vote under this section.] |
|
Sec. 101.056 [101.007]. METHOD OF PROVIDING BALLOT; |
|
REQUIRED ADDRESS. (a) The balloting materials provided under this |
|
subchapter [chapter] shall be airmailed to the voter free of United |
|
States postage, as provided by the federal Uniformed and Overseas |
|
Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), in |
|
an envelope labeled "Official Election Balloting Material - via |
|
Airmail." The secretary of state shall provide early voting clerks |
|
with instructions on compliance with this subsection. |
|
(b) The address to which the balloting materials are sent to |
|
a voter must be: |
|
(1) an address outside the county of the voter's |
|
residence; or |
|
(2) an address in the United States for forwarding or |
|
delivery to the voter at a location outside the United States. |
|
(c) If the address to which the balloting materials are to |
|
be sent is within the county served by the early voting clerk, the |
|
federal postcard application must indicate that the balloting |
|
materials will be forwarded or delivered to the voter at a location |
|
outside the United States. |
|
Sec. 101.057 [101.008]. RETURN OF VOTED BALLOT. A ballot |
|
voted under this subchapter [chapter] may be returned to the early |
|
voting clerk by mail, common or contract carrier, or courier. |
|
[Sec. 101.009. NOTING FPCA REGISTRATION ON POLL LIST. For
|
|
each FPCA registrant accepted to vote, a notation shall be made
|
|
beside the voter's name on the early voting poll list indicating
|
|
that the voter is an FPCA registrant.
|
|
[Sec. 101.010. NOTING FPCA REGISTRATION ON EARLY VOTING
|
|
ROSTER. The entry on the early voting roster pertaining to a voter
|
|
under this chapter who is an FPCA registrant must include a notation
|
|
indicating that the voter is an FPCA registrant.
|
|
[Sec. 101.011. EXCLUDING FPCA REGISTRANT FROM PRECINCT
|
|
EARLY VOTING LIST. A person to whom a ballot is provided under this
|
|
chapter is not required to be included on the precinct early voting
|
|
list if the person is an FPCA registrant.] |
|
Sec. 101.058 [101.012]. OFFICIAL CARRIER ENVELOPE. The |
|
officially prescribed carrier envelope for voting under this |
|
subchapter [chapter] shall be prepared so that it can be mailed free |
|
of United States postage, as provided by the federal Uniformed and |
|
Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et |
|
seq.) [Federal Voting Assistance Act of 1955], and must contain the |
|
label prescribed by Section 101.056(a) [101.007(a)] for the |
|
envelope in which the balloting materials are sent to a voter. The |
|
secretary of state shall provide early voting clerks with |
|
instructions on compliance with this section. |
|
SUBCHAPTER C. E-MAIL TRANSMISSION OF BALLOTING MATERIALS |
|
Sec. 101.101. PURPOSE. The purpose of this subchapter is to |
|
implement the federal Military and Overseas Voter Empowerment Act |
|
(Pub. L. No. 111-84, Div. A, Title V, Subt. H). |
|
Sec. 101.102. REQUEST FOR BALLOTING MATERIALS. (a) A |
|
person eligible to vote under this chapter may request from the |
|
appropriate early voting clerk e-mail transmission of balloting |
|
materials under this subchapter. |
|
(b) The early voting clerk shall grant a request made under |
|
this section for the e-mail transmission of balloting materials if: |
|
(1) the requestor has submitted a valid federal |
|
postcard application and: |
|
(A) if the requestor is a person described by |
|
Section 101.001(2)(B) or (C), has provided a current mailing |
|
address that is located outside the United States and is voting from |
|
outside the United States; or |
|
(B) if the requestor is a person described by |
|
Section 101.001(2)(A), has provided a current mailing address that |
|
is located outside the requestor's county of residence and is |
|
voting from outside that county; |
|
(2) the requestor provides an e-mail address: |
|
(A) that corresponds to the address on file with |
|
the requestor's federal postcard application; or |
|
(B) stated on a newly submitted federal postcard |
|
application; |
|
(3) the request is submitted on or before the seventh |
|
day before the date of the election; and |
|
(4) a marked ballot for the election from the |
|
requestor has not been received by the early voting clerk. |
|
Sec. 101.103. CONFIDENTIALITY OF E-MAIL ADDRESS. An e-mail |
|
address used under this subchapter to request balloting materials |
|
is confidential and does not constitute public information for |
|
purposes of Chapter 552, Government Code. An early voting clerk |
|
shall ensure that a voter's e-mail address provided under this |
|
subchapter is excluded from public disclosure. |
|
Sec. 101.104. ELECTIONS COVERED. The e-mail transmission |
|
of balloting materials under this subchapter is limited to: |
|
(1) an election in which an office of the federal |
|
government appears on the ballot, including a primary election; |
|
(2) an election held statewide; or |
|
(3) an election held jointly with an election |
|
described by Subdivision (1) or (2). |
|
Sec. 101.105. BALLOTING MATERIALS TO BE SENT BY E-MAIL. |
|
Balloting materials to be sent by e-mail under this subchapter |
|
include: |
|
(1) the appropriate ballot; |
|
(2) ballot instructions, including instructions that |
|
inform a voter that the ballot must be returned by mail to be |
|
counted; |
|
(3) instructions prescribed by the secretary of state |
|
on: |
|
(A) how to print a return envelope from the |
|
federal Voting Assistance Program website; and |
|
(B) how to create a carrier envelope for the |
|
ballot; and |
|
(4) a list of certified write-in candidates, if |
|
applicable. |
|
Sec. 101.106. METHODS OF TRANSMISSION TO VOTER. (a) The |
|
balloting materials may be provided by e-mail to the voter in PDF |
|
format, through a scanned format, or by any other method of |
|
electronic transmission authorized by the secretary of state in |
|
writing. |
|
(b) The secretary of state shall prescribe procedures for |
|
the retransmission of balloting materials following an |
|
unsuccessful transmission of the materials to a voter. |
|
Sec. 101.107. RETURN OF BALLOT. (a) A voter who receives a |
|
ballot under this subchapter must return the ballot in the same |
|
manner as required under Section 101.057 and, except as provided by |
|
Chapter 105, may not return the ballot by electronic transmission. |
|
(b) A ballot that is not returned as required by this |
|
section is considered a ballot not timely returned and is not sent |
|
to the early voting ballot board for processing. |
|
(c) The deadline for the return of a ballot under this |
|
section is the same deadline as provided in Section 86.007. |
|
Sec. 101.108. TRACKING OF BALLOTING MATERIALS. The |
|
secretary of state by rule shall create a tracking system under |
|
which an FPCA registrant may determine whether a voted ballot has |
|
been received by the early voting clerk. Each county or political |
|
subdivision that sends ballots to FPCA registrants shall provide |
|
information required by the secretary of state to implement the |
|
system. |
|
Sec. 101.109. RULES. The secretary of state may adopt rules |
|
as necessary to implement this subchapter. |
|
[Sec. 101.013. DESIGNATION OF SECRETARY OF STATE. The
|
|
secretary of state is designated as the state office to provide
|
|
information regarding voter registration procedures and absentee
|
|
ballot procedures, including procedures related to the federal
|
|
write-in absentee ballot, to be used by persons eligible to vote
|
|
under the federal Uniformed and Overseas Citizens Absentee Voting
|
|
Act (42 U.S.C. Section 1973ff et seq.), as amended.] |
|
SECTION 2. Section 86.011(b), Election Code, is amended to |
|
read as follows: |
|
(b) If the return is timely, the clerk shall enclose the |
|
carrier envelope and the voter's early voting ballot application in |
|
a jacket envelope. The clerk shall also include in the jacket |
|
envelope: |
|
(1) a copy of the voter's federal postcard application |
|
if the ballot is voted under Chapter 101; and |
|
(2) the signature cover sheet, if the ballot is voted |
|
under Chapter 105. |
|
SECTION 3. Subchapter B, Chapter 87, Election Code, is |
|
amended by adding Section 87.0223 to read as follows: |
|
Sec. 87.0223. TIME OF DELIVERY: BALLOTS SENT OUT BY REGULAR |
|
MAIL AND E-MAIL. (a) If the early voting clerk has provided a voter |
|
a ballot to be voted by mail by both regular mail and e-mail under |
|
Subchapter C, Chapter 101, the clerk may not deliver a jacket |
|
envelope containing the early voting ballot voted by mail by the |
|
voter to the board until: |
|
(1) both ballots are returned; or |
|
(2) the deadline for returning marked ballots under |
|
Section 86.007 has passed. |
|
(b) If both the ballot provided by regular mail and the |
|
ballot provided by e-mail are returned before the deadline, the |
|
early voting clerk shall deliver only the jacket envelope |
|
containing the ballot provided by e-mail to the board. The ballot |
|
provided by regular mail is considered to be a ballot not timely |
|
returned. |
|
SECTION 4. Section 87.041, Election Code, is amended by |
|
adding Subsection (f) to read as follows: |
|
(f) In making the determination under Subsection (b)(2) for |
|
a ballot cast under Chapter 101 or 105, the board shall compare the |
|
signature on the carrier envelope or signature cover sheet with the |
|
signature of the voter on the federal postcard application. If the |
|
board determines that the signatures could have been made by the |
|
same person, the ballot shall be accepted. |
|
SECTION 5. Section 87.043, Election Code, is amended by |
|
amending Subsection (a) and adding Subsection (d) to read as |
|
follows: |
|
(a) The early voting ballot board shall place the carrier |
|
envelopes containing rejected ballots in an envelope and shall seal |
|
the envelope. More than one envelope may be used if necessary. The |
|
board shall keep a record of the number of rejected ballots in each |
|
envelope. |
|
(d) A notation must be made on the carrier envelope of any |
|
ballot that was rejected after the carrier envelope was opened and |
|
include the reason the envelope was opened and the ballot was |
|
rejected. |
|
SECTION 6. Section 87.0431, Election Code, is amended to |
|
read as follows: |
|
Sec. 87.0431. NOTICE OF REJECTED BALLOT. Not later than the |
|
10th day after election day, the presiding judge of the early voting |
|
ballot board shall deliver written notice of the reason for the |
|
rejection of a ballot to the voter at the residence address on the |
|
ballot application. If the ballot was transmitted to the voter by |
|
e-mail under Subchapter C, Chapter 101, the presiding judge shall |
|
also provide the notice to the e-mail address to which the ballot |
|
was sent. |
|
SECTION 7. Section 87.044(a), Election Code, is amended to |
|
read as follows: |
|
(a) The early voting ballot board shall place each |
|
application for a ballot voted by mail in its corresponding jacket |
|
envelope. For a ballot voted under Chapter 101 or 105, the board |
|
shall also place the copy of the voter's federal postcard |
|
application or signature cover sheet in the same location as the |
|
carrier envelope. If the voter's ballot was accepted, the board |
|
shall also place the carrier envelope in the jacket envelope. |
|
However, if the jacket envelope is to be used in a subsequent |
|
election, the carrier envelope shall be retained elsewhere. |
|
SECTION 8. This Act takes effect September 1, 2011. |