84R11045 JRJ-D
 
  By: Faircloth H.B. No. 3122
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to ballots counted by the early voting ballot board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 65.051(a), Election Code, is amended to
  read as follows:
         (a)  The early voting ballot board shall verify and count
  provisional ballots as provided by this subchapter not later than
  the 13th [seventh] day after the date of an election.
         SECTION 2.  Section 67.003, Election Code, is amended to
  read as follows:
         Sec. 67.003.  TIME FOR LOCAL CANVASS. (a) Except as
  provided by Subsection (b) [or (c)], each local canvassing
  authority shall convene to conduct the local canvass at the time set
  by the canvassing authority's presiding officer not earlier than
  the eighth day or later than the 14th [11th] day after election day.
         (b)  For an election held on the uniform election date in
  May, the local canvass must occur not later than the 14th [11th] day
  after election day and not earlier than the later of:
               (1)  the third day after election day;
               (2)  the date on which the early voting ballot board has
  verified and counted all provisional ballots, if a provisional
  ballot has been cast in the election; or
               (3)  the date on which all timely received ballots cast
  from addresses outside of the United States are counted, if a ballot
  to be voted by mail in the election was provided to a person outside
  of the United States.
         [(c)     In an election described by Section 65.051(a-1), the
  time for the local canvass may be set not later than the 14th day
  after election day.]
         SECTION 3.  Subchapter G, Chapter 87, Election Code, is
  amended by adding Section 87.127 to read as follows:
         Sec. 87.127.  RESOLUTION OF INCORRECT DETERMINATION BY EARLY
  VOTING BALLOT BOARD. If a county election officer, as defined by
  Section 31.091, determines a ballot was incorrectly rejected by the
  early voting ballot board before the time set for convening the
  canvassing authority, the county election officer may petition a
  district court for injunctive or other relief as the court
  determines appropriate.
         SECTION 4.  This Act takes effect September 1, 2015.