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A BILL TO BE ENTITLED
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AN ACT
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relating to practices and procedures for an early voting ballot |
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voted by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.007(c), Election Code, is amended to |
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read as follows: |
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(c) Except as provided by Section 86.0015(b), an |
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application may be submitted at any time in the year of the election |
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for which a ballot is requested, but not later than the close of |
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regular business in the early voting clerk's office or 12 noon, |
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whichever is later, on the 15th [11th] day before election day |
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unless that day is a Saturday, Sunday, or legal state or national |
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holiday, in which case the last day is the first preceding regular |
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business day. |
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SECTION 2. Section 86.0015(b-1), Election Code, is amended |
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to read as follows: |
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(b-1) An application submitted under this section must be |
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submitted before the close of regular business in the early voting |
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clerk's office or 12 noon, whichever is later, on the 15th [11th] |
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day before election day unless that day is a Saturday, Sunday, or |
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legal state or national holiday, in which case the last day is the |
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first preceding regular business day. |
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SECTION 3. Sections 86.007(a), (d), and (e), Election Code, |
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are amended to read as follows: |
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(a) Except as provided by Section 86.006(a-1) and |
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Subsection (d), a carrier envelope containing a marked ballot voted |
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by mail must: |
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(1) arrive at the address on the carrier 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 5 p.m. on the day before [after] |
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election day; |
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(2) be [, if the carrier envelope was] placed for |
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delivery by mail or common or contract carrier or a courier on or |
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before the fourth day before election day; and |
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(3) bear [bears] a cancellation mark of a common or |
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contract carrier or a courier indicating placement for delivery on |
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or before the fourth day before [a time not later than 7 p.m. at the |
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location of the election on] election day. |
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(d) A marked ballot voted by mail that arrives after the |
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time prescribed by Subsection (a) shall be counted if: |
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(1) the ballot was cast from an address outside the |
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United States; |
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(2) the carrier envelope was placed for delivery |
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before the time the polls are required to close on election day |
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[time the ballot is required to arrive under Subsection (a)(1)]; |
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and |
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(3) the ballot arrives at the address on the carrier |
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envelope not later than the fifth day after the date of the |
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election. |
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(e) A delivery under Subsection (a) [(a)(2)] or (d) is |
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timely, except as otherwise provided by this title, if the carrier |
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envelope or, if applicable, the envelope containing the carrier |
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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 4. Sections 87.0221 and 87.0222, Election Code, are |
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amended to read as follows: |
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Sec. 87.0221. TIME OF DELIVERY: [PAPER] BALLOTS VOTED BY |
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PERSONAL APPEARANCE. (a) The balloting [In an election in which |
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regular paper ballots are used for early voting by personal |
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appearance or by mail, the] materials for ballots voted by personal |
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appearance may be delivered to the board between the end of the |
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period for early voting by personal appearance and the closing of |
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the polls on election day, or as soon after closing as practicable, |
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at the time or times specified by the presiding judge of the board. |
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(b) The early voting clerk shall post notice of each |
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delivery of balloting materials under this section that is to be |
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made before the time for opening the polls on election day. The |
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notice shall be posted at the main early voting polling place and on |
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the Internet website of the entity conducting the election |
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continuously for at least 24 hours immediately preceding the |
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delivery. The notice must include the dates and times that the |
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early voting ballot board will convene to review or count ballots, |
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if that information is known at the time the early voting clerk |
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posts the notice. |
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(c) At least 24 hours before each delivery, the early voting |
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clerk shall notify the county chair of each political party having a |
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nominee on the ballot of the time the delivery is to be made. The |
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clerk must provide notice under this subsection in writing, by |
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e-mail, or by telephone. |
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Sec. 87.0222. TIME OF DELIVERY: BALLOTS VOTED BY MAIL. (a) |
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Except as provided by Subsections (b) and (c), [Notwithstanding |
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Section 87.024, in an election conducted by an authority of a county |
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with a population of 100,000 or more, or conducted jointly with such |
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a county or conducted with such a county through a contract for |
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election services,] the jacket envelopes containing [the] early |
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voting ballots voted by mail may be delivered to the board between |
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the end of the 20th [ninth] day before the last day of the period for |
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early voting by personal appearance and the closing of the polls on |
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election day, or as soon after closing as practicable, at the time |
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or times specified by the presiding judge of the board. |
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(b) The jacket envelopes of early voting ballots voted by |
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mail that are hand delivered in accordance with Section 86.006(a-1) |
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and received by the early voting clerk at or before 3 p.m. on |
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election day shall be delivered to the presiding judge of the early |
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voting ballot board as soon as practicable on election day. |
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(c) The jacket envelopes of early voting ballots voted by |
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mail that are hand delivered in accordance with Section 86.006(a-1) |
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and received by the early voting clerk after 3 p.m. on election day |
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shall be delivered to the presiding judge of the early voting ballot |
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board at the time ballots received under Section 86.007(d) are |
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delivered to the presiding judge. |
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(d) The early voting clerk shall post notice of each |
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delivery of balloting materials under Subsection (a) [this section] |
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that is to be made before the time for opening the polls on election |
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day. The notice shall be posted at the main early voting polling |
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place and on the Internet website of the entity conducting the |
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election continuously for at least 24 hours immediately preceding |
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the delivery. The notice must include the dates and times that the |
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early voting ballot board will convene to review or count ballots, |
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if that information is known at the time the early voting clerk |
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posts the notice. |
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(e) [(c)] At least 24 hours before each delivery under |
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Subsection (a), the early voting clerk shall notify the county |
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chair of each political party having a nominee on the ballot of the |
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time the delivery is to be made. The clerk must provide notice |
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under this subsection in writing, by e-mail, or by telephone. |
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SECTION 5. Section 87.125, Election Code, is amended by |
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adding Subsection (a-2) to read as follows: |
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(a-2) The early voting ballot board shall count ballots that |
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are hand delivered as provided by Section 87.0222(c) at the time |
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that the ballot board convenes to count ballots under Section |
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86.007(d). |
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SECTION 6. Subchapter G, Chapter 87, Election Code, is |
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amended by adding Section 87.129 to read as follows: |
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Sec. 87.129. VOTING RESULTS ACCUMULATION. (a) An early |
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voting ballot board or officer of a central counting station may not |
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accumulate the results of early voting ballots until: |
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(1) 12 p.m. on election day, if the entity conducting |
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the election will count the ballots by hand; |
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(2) 3 p.m. on election day, if the entity conducting |
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the election: |
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(A) will not count the ballots by hand; and |
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(B) has a population of 150,000 or more; or |
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(3) 6 p.m. on election day, if the entity conducting |
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the election: |
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(A) will not count the ballots by hand; and |
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(B) has a population of less than 150,000. |
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(b) An early voting ballot board or officer of a central |
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counting station may not produce a printout or other tangible |
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record of the early voting ballot count or accumulation of results |
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until the closing of polls on election day. |
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(c) This section does not prevent an early voting ballot |
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board or officer of a central counting station from performing |
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preliminary procedures other than accumulating the results of early |
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voting ballots or generating a report of the early voting ballot |
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count or accumulation before the applicable times provided in this |
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section. |
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SECTION 7. Subchapter A, Chapter 127, Election Code, is |
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amended by adding Section 127.010 to read as follows: |
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Sec. 127.010. OPERATION OF CENTRAL COUNTING STATION. (a) |
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The central counting station may operate at any time ballots may be |
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processed or counted. |
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(b) Not later than 72 hours before the date that the central |
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counting station manager plans to begin processing or counting |
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early voting ballots, the central counting station manager shall |
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notify the presiding judge of the early voting ballot board of the |
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time and place that the judge may deliver early voting ballots. |
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(c) Not later than 72 hours before the initial date and time |
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that the central counting station begins operations in an |
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election, the central counting station manager shall post notice |
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of the dates and times that the central counting station will |
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operate in the election in the place used for posting notice of |
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meetings of the governing body of and on the Internet website of the |
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entity conducting the election. For each date and time listed in |
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the notice, the notice must identify whether the central counting |
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station will be counting early voting ballots voted by mail or early |
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voting ballots voted by personal appearance. |
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(d) In a general election for state and county officers, the |
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notice under Subsection (c) must be provided to each county chair of |
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a political party that has a nominee on the ballot. |
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(e) The secretary of state shall prescribe rules as |
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necessary to implement this section. |
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SECTION 8. The following sections of the Election Code are |
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repealed: |
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(1) Section 87.022; |
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(2) Section 87.023; and |
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(3) Section 87.024. |
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SECTION 9. This Act takes effect September 1, 2023. |