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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing military voters on active duty overseas to |
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receive and cast a ballot electronically. |
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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 TRANSMISSION OF BALLOTS TO AND |
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FROM OVERSEAS MILITARY PERSONNEL. (a) The secretary of state shall |
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prescribe procedures to allow the electronic transmission of |
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balloting materials to, and the electronic transmission of a voted |
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ballot by, a member of the armed forces of the United States who is |
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on active duty overseas for the general primary election, a runoff |
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primary election, or the general election for state and county |
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officers. |
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(b) The procedures must: |
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(1) require that the early voting clerk of a county |
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send balloting materials to an e-mail address in a form and manner |
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prescribed by the secretary of state if the voter: |
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(A) is an FPCA registrant and is eligible for |
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early voting by mail under Sections 101.001(1) and (2)(A); |
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(B) provides a current address that is located |
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outside the United States and is voting from outside the United |
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States; |
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(C) provides an e-mail address that contains the |
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voter's name and the suffix ".mil"; and |
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(D) requests that balloting materials be sent by |
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electronic transmission; |
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(2) provide for the verification of the voter; |
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(3) provide for the security of the transmission; and |
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(4) require the early voting clerk to maintain a |
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record of each ballot received under this section. |
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(c) An e-mail address provided under this section is |
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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 e-mail address provided under this section is |
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excluded from disclosure. |
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(d) 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 transmitted |
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electronically under this section, only the ballot that was |
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transmitted electronically may be counted. |
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(e) The secretary of state may adopt rules as necessary to |
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implement this section. |
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SECTION 2. Section 105.001, Election Code, is repealed. |
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SECTION 3. This Act takes effect September 1, 2011. |