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A BILL TO BE ENTITLED
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AN ACT
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relating to a pilot program allowing certain military and overseas |
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voters to 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. PILOT PROGRAM FOR ELECTRONIC TRANSMISSION OF |
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BALLOTS TO AND FROM OVERSEAS AND MILITARY VOTERS. (a) Not later |
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than July 1, 2012, the secretary of state shall prescribe |
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procedures to implement a pilot program to allow the electronic |
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transmission of balloting materials to, and the electronic |
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transmission of a voted ballot by, a voter described by Section |
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101.001 who is located outside the territorial limits of the United |
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States and the District of Columbia for the general election for |
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state and county officers in 2012. A county may participate in the |
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pilot 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) The procedures must: |
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(1) require that the early voting clerk of a |
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participating county send balloting materials to an e-mail address |
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in a form and manner prescribed by the secretary of state if the |
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voter: |
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(A) is an FPCA registrant and is eligible for |
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early voting by mail under Section 101.001; |
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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; 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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(f) At the conclusion of the pilot program established under |
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this section, but not later than February 15, 2013, the secretary of |
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state shall file a report on the program with the legislature. The |
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report may include the secretary of state's: |
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(1) recommendations relating to the continued |
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feasibility of providing balloting materials by electronic |
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transmission to military and overseas voters; and |
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(2) suggestions for permanent statutory authority |
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regarding the provision of balloting materials by electronic |
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transmission. |
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(g) This section expires February 16, 2013. |
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SECTION 2. This Act takes effect September 1, 2011. |