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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of voting procedures necessary to |
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implement the federal Military and Overseas Voter Empowerment Act. |
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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 to read as |
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follows: |
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CHAPTER 101. VOTING BY RESIDENT FEDERAL POSTCARD APPLICANT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 101.001. ELIGIBILITY. A person is eligible for early |
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voting by mail as provided by this chapter if: |
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(1) the person is qualified to vote in this state or, |
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if not registered to vote in this state, would be qualified if |
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registered; and |
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(2) the person is: |
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(A) a member of the armed forces of the United |
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States, or the spouse or a dependent of a member; |
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(B) a member of the merchant marine of the United |
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States, or the spouse or a dependent of a member; or |
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(C) domiciled in this state but temporarily |
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living outside the territorial limits of the United States and the |
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District of Columbia. |
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Sec. 101.002. GENERAL CONDUCT OF VOTING. Voting under this |
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chapter shall be conducted and the results shall be processed as |
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provided by Subtitle A for early voting by mail, except as otherwise |
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provided by this chapter. |
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Sec. 101.003. DEFINITIONS. [FORM AND CONTENTS OF
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APPLICATION. (a)
An application for a ballot to be voted under
|
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this chapter must:
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[(1)
be submitted on an official federal postcard
|
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application form; and
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[(2)
include the information necessary to indicate
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that the applicant is eligible to vote in the election for which the
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ballot is requested.
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[(b)] In this chapter: |
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(1) "Federal [, "federal] postcard application" means |
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an application for a ballot to be voted under this chapter submitted |
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on the official federal form prescribed under the federal Uniformed |
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and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff |
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et seq.). |
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(2) "FPCA registrant" means a person registered to |
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vote under Section 101.055. |
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Sec. 101.004. NOTING FPCA REGISTRATION ON POLL LIST. For |
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each FPCA registrant accepted to vote, a notation shall be made |
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beside the voter's name on the early voting poll list indicating |
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that the voter is an FPCA registrant. |
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Sec. 101.005. NOTING FPCA REGISTRATION AND E-MAIL ON EARLY |
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VOTING ROSTER. The entry on the early voting roster pertaining to a |
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voter under this chapter who is an FPCA registrant must include a |
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notation indicating that the voter is an FPCA registrant. The early |
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voting clerk shall note on the early voting by mail roster each |
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e-mail of a ballot under Subchapter C. |
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Sec. 101.006. EXCLUDING FPCA REGISTRANT FROM PRECINCT EARLY |
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VOTING LIST. A person to whom a ballot is provided under this |
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chapter is not required to be included on the precinct early voting |
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list if the person is an FPCA registrant. |
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Sec. 101.007. DESIGNATION OF SECRETARY OF STATE. (a) The |
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secretary of state is designated as the state office to provide |
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information regarding voter registration procedures and absentee |
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ballot procedures, including procedures related to the federal |
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write-in absentee ballot, to be used by persons eligible to vote |
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under the federal Uniformed and Overseas Citizens Absentee Voting |
|
Act (42 U.S.C. Section 1973ff et seq.). |
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(b) The secretary of state is designated as the state |
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coordinator between military and overseas voters and county |
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election officials. A county election official shall: |
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(1) cooperate with the secretary of state to ensure |
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that military and overseas voters timely receive accurate balloting |
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materials that a voter is able to cast in time for the election; and |
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(2) otherwise comply with the federal Military and |
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Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V, |
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Subt. H). |
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(c) The secretary of state may adopt rules as necessary to |
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implement this section. |
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Sec. 101.008. STATUS OF APPLICATION OR BALLOT VOTED. The |
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secretary of state, in coordination with local election officials, |
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shall implement an electronic free-access system by which a person |
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eligible for early voting by mail under this chapter or Chapter 114 |
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may determine by telephone, by e-mail, or over the Internet |
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whether: |
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(1) the person's federal postcard application or other |
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registration or ballot application has been received and accepted; |
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and |
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(2) the person's ballot has been received and the |
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current status of the ballot. |
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SUBCHAPTER B. SUBMISSION OF FEDERAL POSTCARD APPLICATION |
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Sec. 101.051. FORM AND CONTENTS OF APPLICATION. An |
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application for a ballot to be voted under this subchapter must: |
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(1) be submitted on an official federal postcard |
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application form; and |
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(2) include the information necessary to indicate that |
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the applicant is eligible to vote in the election for which the |
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ballot is requested. |
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Sec. 101.052 [101.004]. SUBMITTING APPLICATION. (a) A |
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federal postcard application must be submitted to the early voting |
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clerk for the election who serves the election precinct of the |
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applicant's residence. |
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(a-1) A federal postcard application must be submitted by: |
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(1) mail; or |
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(2) electronic transmission of an image of the |
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application under procedures prescribed by the secretary of state. |
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(b) A federal postcard application may be submitted at any |
|
time during the calendar year in which the election for which a |
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ballot is requested occurs, but not later than the deadline for |
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submitting a regular application for a ballot to be voted by mail. |
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(c) A federal postcard application requesting a ballot for |
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an election to be held in January or February may be submitted in |
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the preceding calendar year but not earlier than the earliest date |
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for submitting a regular application for a ballot to be voted by |
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mail. |
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(d) A timely application that is addressed to the wrong |
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early voting clerk shall be forwarded to the proper early voting |
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clerk not later than the day after the date it is received by the |
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wrong clerk. |
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(e) An applicant who otherwise complies with applicable |
|
requirements is entitled to receive a full ballot to be voted by |
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mail under this chapter if: |
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(1) the applicant submits a federal postcard |
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application to the early voting clerk on or before the 20th day |
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before election day; and |
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(2) the application contains the information that is |
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required for registration under Title 2. |
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(f) The applicant is entitled to receive only a federal |
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ballot to be voted by mail under Chapter 114 if: |
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(1) the applicant submits the federal postcard |
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application to the early voting clerk after the date provided by |
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Subsection (e)(1) and before the sixth day before election day; and |
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(2) the application contains the information that is |
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required for registration under Title 2. |
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(g) An applicant who submits a federal postcard application |
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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. |
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(h) If the applicant submits the federal postcard |
|
application within the time prescribed by Subsection (f)(1) and is |
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a registered voter at the address contained on the application, the |
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applicant is entitled to receive a full ballot to be voted by mail |
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under this chapter. |
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(i) Except as provided by Subsections (l) and (m), for |
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purposes of determining the date a federal postcard application is |
|
submitted to the early voting clerk, an application is considered |
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to be submitted on the date it is placed and properly addressed in |
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the United States mail. An application mailed from an Army/Air |
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Force Post Office (APO) or Fleet Post Office (FPO) is considered |
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placed in the United States mail. The date indicated by the post |
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office cancellation mark, including a United States military post |
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office cancellation mark, is considered to be the date the |
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application was placed in the mail unless proven otherwise. For |
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purposes of an application made under Subsection (e): |
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(1) an application that does not contain a |
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cancellation mark is considered to be timely if it is received by |
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the early voting clerk on or before the 15th day before election |
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day; and |
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(2) if the 20th day before the date of an election is a |
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Saturday, Sunday, or legal state or national holiday, an |
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application is considered to be timely if it is submitted to the |
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early voting clerk on or before the next regular business day. |
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(j) If the early voting clerk determines that an application |
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that is submitted before the time prescribed by Subsection (e)(1) |
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does not contain the information that is required for registration |
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under Title 2, the clerk shall notify the applicant of that fact. |
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If the applicant has provided a telephone number or an address for |
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receiving mail over the Internet, the clerk shall notify the |
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applicant by that medium. |
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(k) If the applicant submits the missing information before |
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the time prescribed by Subsection (e)(1), the applicant is entitled |
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to receive a full ballot to be voted by mail under this chapter. If |
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the applicant submits the missing information after the time |
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prescribed by Subsection (e)(1), the applicant is entitled to |
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receive a full ballot to be voted by mail for the next election that |
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occurs: |
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(1) in the same calendar year; and |
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(2) after the 30th day after the date the information |
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is submitted. |
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(l) For purposes of determining the end of the period that |
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an application may be submitted under Subsection (f)(1), an |
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application is considered to be submitted at the time it is received |
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by the early voting clerk. |
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(m) The secretary of state by rule shall establish the date |
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on which a federal postcard application is considered to be |
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electronically submitted to the early voting clerk. |
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Sec. 101.053 [101.0041]. ACTION BY EARLY VOTING CLERK ON |
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CERTAIN APPLICATIONS. The early voting clerk shall notify the |
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voter registrar of a federal postcard application submitted by an |
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applicant that states a voting residence address located outside |
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the registrar's county. |
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Sec. 101.054 [101.005]. APPLYING FOR MORE THAN ONE ELECTION |
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IN SAME APPLICATION. (a) A person may apply with a single federal |
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postcard application for a ballot for any one or more elections in |
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which the early voting clerk to whom the application is submitted |
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conducts early voting. |
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(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 |
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(2) the general primary election if the application |
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indicates party preference and is submitted to the early voting |
|
clerk for the primary. |
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(c) An application shall be treated as if it requests a |
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ballot for[:
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[(1)] a runoff election that results from an election |
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for which a ballot is requested[; and
|
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[(2)
each election for a federal office, including a
|
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primary or runoff election, that occurs on or before the date of the
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second general election for state and county officers that occurs
|
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after the date the application is submitted]. |
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(d) An application requesting a ballot for more than one |
|
election shall be preserved for the period for preserving the |
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precinct election records for the last election for which the |
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application is effective. |
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Sec. 101.055 [101.006]. FPCA VOTER REGISTRATION. (a) The |
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submission of a federal postcard application that complies with the |
|
applicable requirements by an unregistered applicant constitutes |
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registration by the applicant: |
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(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 |
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application that the person is residing outside the United States |
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indefinitely. |
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(b) For purposes of registering to vote under this chapter, |
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a person shall provide the address of the last place of residence of |
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the person in this state or the last place of residence in this |
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state of the person's parent or legal guardian. |
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(c) The registrar shall register the person at the address |
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provided under Subsection (b) unless that address no longer is |
|
recognized as a residential address, in which event the registrar |
|
shall assign the person to an address under procedures prescribed |
|
by the secretary of state. [In this chapter, "FPCA registrant"
|
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means a person registered to vote under this section.] |
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Sec. 101.056 [101.007]. METHOD OF PROVIDING BALLOT; |
|
REQUIRED ADDRESS. (a) The balloting materials provided under this |
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subchapter [chapter] shall be airmailed to the voter free of United |
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States postage, as provided by the federal Uniformed and Overseas |
|
Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), in |
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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 |
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federal postcard application must indicate that the balloting |
|
materials will be forwarded or delivered to the voter at a location |
|
outside the United States. |
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Sec. 101.057 [101.008]. RETURN OF VOTED BALLOT. A ballot |
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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
|
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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.
|
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[Sec.
101.010.
NOTING FPCA REGISTRATION ON EARLY VOTING
|
|
ROSTER. The entry on the early voting roster pertaining to a voter
|
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under this chapter who is an FPCA registrant must include a notation
|
|
indicating that the voter is an FPCA registrant.
|
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[Sec.
101.011.
EXCLUDING FPCA REGISTRANT FROM PRECINCT
|
|
EARLY VOTING LIST. A person to whom a ballot is provided under this
|
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chapter is not required to be included on the precinct early voting
|
|
list if the person is an FPCA registrant.] |
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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 |
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secretary of state shall provide early voting clerks with |
|
instructions on compliance with this section. |
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SUBCHAPTER C. E-MAIL TRANSMISSION OF BALLOTING MATERIALS |
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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: |
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(1) the requestor has submitted a valid federal |
|
postcard application and: |
|
(A) if the requestor is a person described by |
|
Section 101.001(2)(C), has provided a current mailing address that |
|
is located outside the United States; or |
|
(B) if the requestor is a person described by |
|
Section 101.001(2)(A) or (B), has provided a current mailing |
|
address that is located outside the requestor's county of |
|
residence; |
|
(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 to fill a vacancy in the legislature |
|
unless: |
|
(A) the election is ordered as an emergency |
|
election under Section 41.0011; or |
|
(B) the election is held as an expedited election |
|
under Section 203.013; 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 or signature |
|
sheet 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 described by |
|
Section 101.001(2)(A) or (B) must be voting from outside the |
|
voter's county of residence. A voter described by Section |
|
101.001(2)(C) must be voting from outside the United States. |
|
(b) 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. |
|
(c) A ballot that is not returned as required by Subsection |
|
(b) is considered a ballot not timely returned and is not sent to |
|
the early voting ballot board for processing. |
|
(d) 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 that sends |
|
ballots to FPCA registrants shall provide information required by |
|
the secretary of state to implement the system. |
|
Sec. 101.109. RULES. (a) The secretary of state may adopt |
|
rules as necessary to implement this subchapter. |
|
(b) The secretary of state may provide for an alternate |
|
secure method of electronic ballot transmission under this |
|
subchapter instead of transmission by e-mail. |
|
[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 2.025, Election Code, is amended by |
|
amending Subsection (a) and adding Subsection (d) to read as |
|
follows: |
|
(a) Except as provided by Subsection (d) or as otherwise |
|
provided by this code, a runoff election shall be held not earlier |
|
than the 20th or later than the 45th day after the date the final |
|
canvass of the main election is completed. |
|
(d) A runoff election for a special election to fill a |
|
vacancy in Congress or a special election to fill a vacancy in the |
|
legislature to which Section 101.104 applies shall be held not |
|
earlier than the 70th day or later than the 77th day after the date |
|
the final canvass of the main election is completed. |
|
SECTION 3. Section 3.005(c), Election Code, is amended to |
|
read as follows: |
|
(c) For an election to be held on: |
|
(1) the date of the general election for state and |
|
county officers, the election shall be ordered not later than the |
|
78th [70th] day before election day; and |
|
(2) a uniform election date other than the date of the |
|
general election for state and county officers, the election shall |
|
be ordered not later than the 71st day before election day. |
|
SECTION 4. Section 41.001, Election Code, is amended by |
|
amending Subsection (a) and adding Subsection (d) to read as |
|
follows: |
|
(a) Except as otherwise provided by this subchapter, each |
|
general or special election in this state shall be held on one of |
|
the following dates: |
|
(1) the second Saturday in May in an odd-numbered |
|
year; |
|
(2) the second Saturday in May in an even-numbered |
|
year, for an election held by a political subdivision other than a |
|
county; or |
|
(3) [(2)] the first Tuesday after the first Monday in |
|
November. |
|
(d) Notwithstanding Section 31.093, a county elections |
|
administrator is not required to enter into a contract to furnish |
|
election services for an election held on the date described by |
|
Subsection (a)(2). |
|
SECTION 5. Section 41.0052, Election Code, is amended to |
|
read as follows: |
|
Sec. 41.0052. CHANGING GENERAL ELECTION DATE. (a) [The
|
|
governing body of a political subdivision other than a county may,
|
|
not later than December 31, 2005, change the date on which it holds
|
|
its general election for officers to another authorized uniform
|
|
election date.
|
|
[(a-1)] The governing body of a political subdivision, |
|
other than a county, that holds its general election for officers on |
|
a date other than the November uniform election date may, not later |
|
than December 31, 2012 [2010], change the date on which it holds its |
|
general election for officers to the November uniform election |
|
date. |
|
(b) A political subdivision that before September 1, 2011, |
|
held its general election for officers on the uniform election date |
|
in May or that is required by other law to hold its general election |
|
for officers on that date shall hold its general election for |
|
officers on the first Tuesday in April in an odd-numbered year |
|
unless the governing body of the political subdivision changes the |
|
date as provided by Subsection (a). |
|
(c) A political subdivision [governing body] changing an |
|
election date under this section shall adjust the terms of office to |
|
conform to the new election date. |
|
(d) A home-rule city may implement the change authorized by |
|
Subsection (a) through the adoption of a resolution. The change |
|
contained in the resolution supersedes a city charter provision |
|
that requires a different general election date. |
|
(e) The holdover of a member of a governing body of a city in |
|
accordance with Section 17, Article XVI, Texas Constitution, so |
|
that a term of office may be conformed to a new election date chosen |
|
under this section does not constitute a vacancy for purposes of |
|
Section 11(b), Article XI, Texas Constitution. |
|
SECTION 6. Sections 41.007(a), (b), and (c), Election Code, |
|
are amended to read as follows: |
|
(a) The general primary election date is the first Tuesday |
|
in April [March] in each even-numbered year. |
|
(b) The runoff primary election date is the third [second] |
|
Tuesday in June [April] following the general primary election. |
|
(c) The presidential primary election date is the first |
|
Tuesday in April [March] in each presidential election year. |
|
SECTION 7. Section 65.051, Election Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) Section 1.006 does not apply to this section. |
|
SECTION 8. Section 86.004(b), Election Code, is amended to |
|
read as follows: |
|
(b) For an election to which Section 101.104 applies [the
|
|
general election for state and county officers], the balloting |
|
materials for a voter who indicates on the application for a ballot |
|
to be voted by mail or the federal postcard application that the |
|
voter is eligible to vote early by mail as a consequence of the |
|
voter's being outside the United States shall be mailed on or before |
|
the later of the 45th day before election day or the seventh |
|
calendar day after the date the clerk receives the |
|
application. However, if it is not possible to mail the ballots by |
|
the deadline of the 45th day before election day, the clerk shall |
|
notify the secretary of state within 24 hours of knowing that the |
|
deadline will not be met. The secretary of state shall monitor the |
|
situation and advise the clerk, who shall mail the ballots as soon |
|
as possible in accordance with the secretary of state's guidelines. |
|
SECTION 9. 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 10. 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 11. 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. |
|
SECTION 12. 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 13. 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 14. 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 15. Section 105.003, Election Code, is amended to |
|
read as follows: |
|
Sec. 105.003. USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR |
|
ELECTIONS FOR FEDERAL OFFICE. The secretary of state shall |
|
prescribe procedures to allow a voter who qualifies to vote by a |
|
federal write-in absentee ballot to vote through use of a federal |
|
write-in absentee ballot in: |
|
(1) any general, special, primary, or runoff election |
|
for federal office; or |
|
(2) an election for any office for which balloting |
|
materials may be sent under Section 101.104. |
|
SECTION 16. Section 142.010(b), Election Code, is amended |
|
to read as follows: |
|
(b) Not later than the 68th [55th] day before general |
|
election day, the certifying authority shall deliver the |
|
certification to the authority responsible for having the official |
|
ballot prepared in each county in which the candidate's name is to |
|
appear on the ballot. |
|
SECTION 17. Section 143.007(c), Election Code, is amended |
|
to read as follows: |
|
(c) For an election to be held on: |
|
(1) the date of the general election for state and |
|
county officers, the day of the filing deadline is the 78th [70th] |
|
day before election day; and |
|
(2) a uniform election date other than the date of the |
|
general election for state and county officers, the day of the |
|
filing deadline is the 71st day before election day. |
|
SECTION 18. Section 144.005(d), Election Code, is amended |
|
to read as follows: |
|
(d) For an election to be held on: |
|
(1) the date of the general election for state and |
|
county officers, the day of the filing deadline is the 78th [70th] |
|
day before election day; and |
|
(2) a uniform election date other than the date of the |
|
general election for state and county officers, the day of the |
|
filing deadline is the 71st day before election day. |
|
SECTION 19. Section 144.006(b), Election Code, is amended |
|
to read as follows: |
|
(b) For an election to be held on: |
|
(1) the date of the general election for state and |
|
county officers, the day of the filing deadline is the 78th [67th] |
|
day before election day; and |
|
(2) a uniform election date other than the date of the |
|
general election for state and county officers, the day of the |
|
filing deadline is the 71st day before election day. |
|
SECTION 20. Section 145.037(e), Election Code, is amended |
|
to read as follows: |
|
(e) The certification must be delivered not later than 5 |
|
p.m. of the 71st [70th] day before election day. |
|
SECTION 21. Section 145.038(b), Election Code, is amended |
|
to read as follows: |
|
(b) The state chair must deliver the certification of the |
|
replacement nominee not later than 5 p.m. of the 69th [67th] day |
|
before election day. |
|
SECTION 22. Section 145.092(f), Election Code, is amended |
|
to read as follows: |
|
(f) A candidate in an election for which the filing deadline |
|
for an application for a place on the ballot is not later than 5 p.m. |
|
of the 78th [70th] day before election day may not withdraw from the |
|
election after 5 p.m. of the 71st [67th] day before election day. |
|
SECTION 23. Section 145.094(a), Election Code, is amended |
|
to read as follows: |
|
(a) The name of a candidate shall be omitted from the ballot |
|
if the candidate: |
|
(1) dies before the second day before the date of the |
|
deadline for filing the candidate's application for a place on the |
|
ballot; |
|
(2) withdraws or is declared ineligible before 5 p.m. |
|
of the second day before the beginning of early voting by personal |
|
appearance, in an election subject to Section 145.092(a); |
|
(3) withdraws or is declared ineligible before 5 p.m. |
|
of the 53rd day before election day, in an election subject to |
|
Section 145.092(b); or |
|
(4) withdraws or is declared ineligible before 5 p.m. |
|
of the 71st [67th] day before election day, in an election subject |
|
to Section 145.092(f). |
|
SECTION 24. Section 145.096(a), Election Code, is amended |
|
to read as follows: |
|
(a) Except as provided by Subsection (b), a candidate's name |
|
shall be placed on the ballot if the candidate: |
|
(1) dies on or after the second day before the deadline |
|
for filing the candidate's application for a place on the ballot; |
|
(2) is declared ineligible after 5 p.m. of the second |
|
day before the beginning of early voting by personal appearance, in |
|
an election subject to Section 145.092(a); |
|
(3) is declared ineligible after 5 p.m. of the 53rd day |
|
before election day, in an election subject to Section 145.092(b); |
|
or |
|
(4) is declared ineligible after 5 p.m. of the 71st |
|
[67th] day before election day, in an election subject to Section |
|
145.092(f). |
|
SECTION 25. Sections 146.025(a) and (b), Election Code, are |
|
amended to read as follows: |
|
(a) A declaration of write-in candidacy must be filed not |
|
later than 5 p.m. of the 78th [70th] day before general election |
|
day, except as otherwise provided by this code. A declaration may |
|
not be filed earlier than the 30th day before the date of the |
|
regular filing deadline. |
|
(b) If a candidate whose name is to appear on the general |
|
election ballot dies or is declared ineligible after the third day |
|
before the date of the filing deadline prescribed by Subsection |
|
(a), a declaration of write-in candidacy for the office sought by |
|
the deceased or ineligible candidate may be filed not later than 5 |
|
p.m. of the 75th [67th] day before election day. |
|
SECTION 26. Section 146.029(c), Election Code, is amended |
|
to read as follows: |
|
(c) Not later than the 68th [62nd] day before election day, |
|
the certifying authority shall deliver the certification to the |
|
authority responsible for having the official ballot prepared in |
|
each county in which the office sought by the candidate is to be |
|
voted on. |
|
SECTION 27. Section 146.054(b), Election Code, is amended |
|
to read as follows: |
|
(b) For an election to be held on: |
|
(1) the date of the general election for state and |
|
county officers, the day of the filing deadline is the 74th [67th] |
|
day before election day; and |
|
(2) a uniform election date other than the date of the |
|
general election for state and county officers, the day of the |
|
filing deadline is the 71st day before election day. |
|
SECTION 28. Section 161.008(b), Election Code, is amended |
|
to read as follows: |
|
(b) Not later than the 68th [62nd] day before general |
|
election day, the secretary of state shall deliver the |
|
certification to the authority responsible for having the official |
|
general election ballot prepared in each county in which the |
|
candidate's name is to appear on the ballot. |
|
SECTION 29. Section 171.0231(d), Election Code, is amended |
|
to read as follows: |
|
(d) A declaration of write-in candidacy must be filed not |
|
later than 5 p.m. of the 88th [62nd] day before general primary |
|
election day. However, if a candidate whose name is to appear on |
|
the ballot for the office of county chair or precinct chair dies or |
|
is declared ineligible after the third day before the date of the |
|
regular filing deadline prescribed by this subsection, a |
|
declaration of write-in candidacy for the office sought by the |
|
deceased or ineligible candidate may be filed not later than 5 p.m. |
|
of the 79th [59th] day before election day. |
|
SECTION 30. Section 172.028(b), Election Code, is amended |
|
to read as follows: |
|
(b) Not later than the 84th [57th] day before general |
|
primary election day, the state chair shall deliver the |
|
certification to the county chair in each county in which the |
|
candidate's name is to appear on the ballot. |
|
SECTION 31. Section 172.052(a), Election Code, is amended |
|
to read as follows: |
|
(a) A candidate for nomination may not withdraw from the |
|
general primary election after the 88th [62nd] day before general |
|
primary election day. |
|
SECTION 32. Sections 172.054(a) and (b), Election Code, are |
|
amended to read as follows: |
|
(a) The deadline for filing an application for a place on |
|
the general primary election ballot is extended as provided by this |
|
section if a candidate who has made an application that complies |
|
with the applicable requirements: |
|
(1) dies on or after the fifth day before the date of |
|
the regular filing deadline and on or before the 88th [62nd] day |
|
before general primary election day; |
|
(2) holds the office for which the application was |
|
made and withdraws or is declared ineligible on or after the date of |
|
the regular filing deadline and on or before the 88th [62nd] day |
|
before general primary election day; or |
|
(3) withdraws or is declared ineligible during the |
|
period prescribed by Subdivision (2), and at the time of the |
|
withdrawal or declaration of ineligibility no other candidate has |
|
made an application that complies with the applicable requirements |
|
for the office sought by the withdrawn or ineligible candidate. |
|
(b) An application for an office sought by a withdrawn, |
|
deceased, or ineligible candidate must be filed not later than 6 |
|
p.m. of the 80th [60th] day before general primary election day. An |
|
application filed by mail with the state chair is not timely if |
|
received later than 5 p.m. of the 80th [60th] day before general |
|
primary election day. |
|
SECTION 33. Section 172.057, Election Code, is amended to |
|
read as follows: |
|
Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE |
|
CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A |
|
candidate's name shall be omitted from the general primary election |
|
ballot if the candidate withdraws, dies, or is declared ineligible |
|
on or before the 88th [62nd] day before general primary election |
|
day. |
|
SECTION 34. Section 172.058(a), Election Code, is amended |
|
to read as follows: |
|
(a) If a candidate who has made an application for a place on |
|
the general primary election ballot that complies with the |
|
applicable requirements dies or is declared ineligible after the |
|
88th [62nd] day before general primary election day, the |
|
candidate's name shall be placed on the ballot and the votes cast |
|
for the candidate shall be counted and entered on the official |
|
election returns in the same manner as for the other candidates. |
|
SECTION 35. Section 172.059(a), Election Code, is amended |
|
to read as follows: |
|
(a) A candidate for nomination may not withdraw from the |
|
runoff primary election after 5 p.m. of the 8th [10th] day after |
|
general primary election day. |
|
SECTION 36. Section 172.082(c), Election Code, is amended |
|
to read as follows: |
|
(c) The drawing shall be conducted at the county seat not |
|
later than the 81st [53rd] day before general primary election day. |
|
SECTION 37. Section 192.033(b), Election Code, is amended |
|
to read as follows: |
|
(b) The secretary of state shall deliver the certification |
|
to the authority responsible for having the official ballot |
|
prepared in each county before the later of the 68th [62nd] day |
|
before presidential election day or the second business day after |
|
the date of final adjournment of the party's national presidential |
|
nominating convention. |
|
SECTION 38. Section 201.051(b), Election Code, is amended |
|
to read as follows: |
|
(b) For a vacancy to be filled by a special election to be |
|
held on the date of the general election for state and county |
|
officers, the election shall be ordered not later than the 78th |
|
[70th] day before election day. |
|
SECTION 39. Section 201.054(f), Election Code, is amended |
|
to read as follows: |
|
(f) For a special election to be held on the date of the |
|
general election for state and county officers, the day of the |
|
filing deadline is the 75th [67th] day before election day. |
|
SECTION 40. Sections 11.055(a) and (c), Education Code, are |
|
amended to read as follows: |
|
(a) Except as provided by Subsection (c), an application of |
|
a candidate for a place on the ballot must be filed not later than 5 |
|
p.m. of the 71st [62nd] day before the date of the election. An |
|
application may not be filed earlier than the 30th day before the |
|
date of the filing deadline. |
|
(c) For an election to be held on the date of the general |
|
election for state and county officers, the day of the filing |
|
deadline is the 78th [70th] day before election day. |
|
SECTION 41. Section 11.056(b), Education Code, is amended |
|
to read as follows: |
|
(b) A [Except as provided by Subsection (e), a] declaration |
|
of write-in candidacy must be filed not later than the deadline |
|
prescribed by Section 146.054, Election Code, for a write-in |
|
candidate in a city election [5 p.m. of the fifth day after the date
|
|
an application for a place on the ballot is required to be filed]. |
|
SECTION 42. Section 11.059(e), Education Code, is amended |
|
to read as follows: |
|
(e) Not later than December 31, 2011 [2007], the board of |
|
trustees may adopt a resolution changing the length of the terms of |
|
its trustees. The resolution must provide for a term of either |
|
three or four years and specify the manner in which the transition |
|
from the length of the former term to the modified term is |
|
made. The transition must begin with the first regular election |
|
for trustees that occurs after January 1, 2012 [2008], and a trustee |
|
who serves on that date shall serve the remainder of that |
|
term. This subsection expires January 1, 2017 [2013]. |
|
SECTION 43. Section 130.0825(b), Education Code, is amended |
|
to read as follows: |
|
(b) A [Except as provided by Subsection (e), a] declaration |
|
of write-in candidacy must be filed not later than the deadline |
|
prescribed by Section 146.054, Election Code, for a write-in |
|
candidate in a city election [5 p.m. of the fifth day after the date
|
|
an application for a place on the ballot is required to be filed]. |
|
SECTION 44. Section 285.131(d), Health and Safety Code, is |
|
amended to read as follows: |
|
(d) A [Except as provided by Subsection (g), a] declaration |
|
of write-in candidacy must be filed not later than the deadline |
|
prescribed by Section 146.054, Election Code, for a write-in |
|
candidate in a city election [5 p.m. of the fifth day after the date
|
|
an application for a place on the ballot is required to be filed]. |
|
SECTION 45. Subchapter A, Chapter 21, Local Government |
|
Code, is amended by adding Section 21.004 to read as follows: |
|
Sec. 21.004. CHANGE OF LENGTH OF TERMS IN GENERAL-LAW |
|
MUNICIPALITY. (a) This section applies only to a general-law |
|
municipality whose governing body is composed of members that serve |
|
a term of one or three years. |
|
(b) Not later than December 31, 2011, the governing body of |
|
the general-law municipality may adopt a resolution changing the |
|
length of the terms of its members to two years. The resolution |
|
must specify the manner in which the transition from the length of |
|
the former term to the modified term is made. The transition must |
|
begin with the first regular election for members of the governing |
|
body that occurs after January 1, 2012, and a member who serves on |
|
that date shall serve the remainder of that term. |
|
(c) This section expires January 1, 2015. |
|
SECTION 46. Section 63.0945(d), Water Code, is amended to |
|
read as follows: |
|
(d) A [Except as provided by Subsection (f), a] declaration |
|
of write-in candidacy must be filed not later than the deadline |
|
prescribed by Section 146.054, Election Code, for a write-in |
|
candidate in a city election [5 p.m. of the fifth day after the date
|
|
an application for a place on the ballot is required to be filed]. |
|
SECTION 47. (a) This section applies only to a political |
|
subdivision that elects the members of its governing body to a term |
|
that consists of an odd number of years. |
|
(b) Not later than December 31, 2012, the governing body of |
|
the political subdivision may adopt a resolution changing the |
|
length of the terms of its members to an even number of years. The |
|
resolution must specify the manner in which the transition from the |
|
length of the former term to the modified term is made. The |
|
transition must begin with the first regular election for members |
|
of the governing body that occurs after January 1, 2013, and a |
|
member who serves on that date shall serve the remainder of that |
|
term. |
|
(c) This section expires January 1, 2020. |
|
SECTION 48. To the extent of any conflict, this Act prevails |
|
over another Act of the 82nd Legislature, Regular Session, 2011, |
|
regardless of the relative dates of enactment. |
|
SECTION 49. The secretary of state shall adopt rules as |
|
necessary to implement this Act, including the adjustment or |
|
modification of any affected date, deadline, or procedure. |
|
SECTION 50. The following are repealed: |
|
(1) Section 41.0052(a-1), Election Code; |
|
(2) Sections 11.056(e) and 130.0825(e), Education |
|
Code; |
|
(3) Section 285.131(g), Health and Safety Code; and |
|
(4) Section 63.0945(f), Water Code. |
|
SECTION 51. The changes in law made by this Act do not apply |
|
to an election held on November 8, 2011. |
|
SECTION 52. This Act takes effect September 1, 2011. |