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A BILL TO BE ENTITLED
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AN ACT
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relating to the deadline for returning a ballot voted by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 86.007(a) and (e), Election Code, are |
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amended to read as follows: |
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(a) A [Except as provided by Subsection (d), a] marked |
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ballot voted by mail must arrive at the address on the carrier |
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envelope: |
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(1) before the time the polls are required to close on |
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election day; or |
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(2) not later than the fifth day after the date of the |
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election [5 p.m. on the day after election day], if the carrier |
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envelope was placed for delivery by mail or common or contract |
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carrier before election day and bears a cancellation mark of a |
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common or contract carrier or a courier indicating a time not later |
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than 7 p.m. at the location of the election on election day. |
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(e) A delivery under Subsection (a)(2) [or (d)] is timely, |
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except as otherwise provided by this title, if the carrier envelope |
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or, if applicable, the envelope containing the carrier envelope: |
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(1) is properly addressed with postage or handling |
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charges prepaid; and |
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(2) bears a cancellation mark of a recognized postal |
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service or a receipt mark of a common or contract carrier or a |
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courier indicating a time before the deadline. |
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SECTION 2. Sections 87.125(a) and (a-1), Election Code, are |
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amended to read as follows: |
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(a) The early voting ballot board shall convene to count |
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ballots voted by mail that arrive at the address on the carrier |
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envelope after 5 p.m. on the day after election day and are timely |
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under Section 86.007 [described by Section 86.007(d)] at the time |
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set by the presiding judge of the board on the ninth day after the |
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date of an election or on an earlier day if the early voting clerk |
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certifies that all ballots voted by mail [mailed from outside the |
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United States] have been received. |
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(a-1) Notwithstanding Subsection (a), for an election held |
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on the date of the general election for state and county officers, |
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the early voting ballot board shall convene to count ballots voted |
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by mail that arrive at the address on the carrier envelope after 5 |
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p.m. on the day after election day and are timely under Section |
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86.007 [described by Sections 86.007(d) and (d-1)] not later than |
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the 13th day after the date of the election. |
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SECTION 3. Sections 86.007(d) and (g), Election Code, are |
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repealed. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |