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A BILL TO BE ENTITLED
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AN ACT
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relating to the time for delivery and acceptance by the early voting |
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ballot board of early voting ballots 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 87.0222, Election Code, is amended to |
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read as follows: |
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Sec. 87.0222. TIME OF DELIVERY: BALLOTS VOTED BY MAIL. (a) |
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Except as provided by Subsection (a-1), not later than the seventh |
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day before election day [Notwithstanding Section 87.024, in an |
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election conducted by an authority of a county with a population of |
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100,000 or more, or conducted jointly with such a county or |
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conducted with such a county through a contract for election |
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services], the jacket envelopes containing [the] early voting |
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ballots voted by mail shall [may] be delivered to the board [between |
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the end of the ninth day before the last day of the period for early |
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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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(a-1) Any jacket envelopes of early voting ballots voted by |
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mail returned after delivery of the ballots under Subsection (a) |
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may be delivered to the presiding judge of the early voting ballot |
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board between the end of the seventh day before election day and the |
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closing of the polls on election day, or as soon after closing as |
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practicable, at the time or times specified by the presiding judge. |
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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 |
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continuously for at least 24 hours immediately preceding the |
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delivery. |
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(c) At least 24 hours before each delivery made before the |
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time for opening the polls on election day, the early voting clerk |
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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. |
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SECTION 2. Sections 87.0241(a) and (c), Election Code, are |
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amended to read as follows: |
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(a) The early voting ballot board shall make its |
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determination [may determine] whether to accept early voting |
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ballots voted by mail in accordance with Section 87.041 [at any |
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time] after the ballots are delivered to the board. |
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(c) The secretary of state shall prescribe any procedures |
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necessary for implementing this section [in regard to elections |
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described by Subsection (b)(2)]. |
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SECTION 3. Section 87.0241(b), Election Code, is repealed. |
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SECTION 4. This Act takes effect September 1, 2023. |