Texas 2009 - 81st Regular

Texas House Bill HB71 Compare Versions

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1	1	By: Corte, et al. (Senate Sponsor - Van de Putte) H.B. No. 71
2	2	(In the Senate - Received from the House April 1, 2009;
3	3	April 7, 2009, read first time and referred to Committee on State
4	4	Affairs; May 7, 2009, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 9, Nays 0; May 7, 2009, sent
6	6	to printer.)
7	7	COMMITTEE SUBSTITUTE FOR H.B. No. 71 By: Van de Putte
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the establishment of a program to provide a ballot by
13	13	electronic mail to military personnel serving overseas and their
14	14	spouses and dependents residing overseas.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Chapter 101, Election Code, is amended by adding
17	17	Section 101.0072 to read as follows:
18	18	Sec. 101.0072. ELECTRONIC MAIL BALLOT PROGRAM. (a) The
19	19	secretary of state shall implement a program to allow the use of
20	20	electronic mail to provide balloting materials for a general
21	21	election for state and county officers to an overseas voter who is:
22	22	(1) a member of the armed forces of the United States;
23	23	or
24	24	(2) a spouse or dependent of a member of the armed
25	25	forces of the United States.
26	26	(b) A county with a population of 100,000 or more shall
27	27	participate in the electronic mail ballot program. A county with a
28	28	population of less than 100,000 may participate in the program only
29	29	if:
30	30	(1) the early voting clerk of the county makes a
31	31	request to the secretary of state to participate; and
32	32	(2) the secretary of state approves the request.
33	33	(c) The early voting clerk in a county participating in the
34	34	program shall send balloting materials to an electronic mail
35	35	address in a form and manner prescribed by the secretary of state if
36	36	the voter:
37	37	(1) is an FPCA registrant and is eligible for early
38	38	voting by mail under Sections 101.001(1) and (2)(A);
39	39	(2) provides a current address that is located outside
40	40	the United States;
41	41	(3) provides an electronic mail address that contains
42	42	the voter's name and the suffix ".mil" or provides an electronic
43	43	copy of a letter from the commanding officer of the member of the
44	44	armed forces that indicates that the voter is a spouse or dependent
45	45	of the member and is residing overseas; and
46	46	(4) requests that balloting materials be sent by
47	47	electronic mail.
48	48	(d) Balloting materials sent to an electronic mail address
49	49	under Subsection (c) shall include a signature sheet for the voter.
50	50	The secretary of state shall prescribe procedures to allow for the
51	51	signature sheet to be signed by a voter using a digital signature.
52	52	(e) If the early voting clerk provides a ballot to a voter at
53	53	an electronic mail address under Subsection (c), the clerk must
54	54	provide ballots to all voters who qualify under that subsection.
55	55	(f) If the early voting clerk provides a ballot to a voter at
56	56	an electronic mail address under Subsection (c), the clerk shall
57	57	amend the voter's federal postcard application for future elections
58	58	with the voter's current address.
59	59	(g) A ballot sent to an electronic mail address under
60	60	Subsection (c) must be returned with the signature sheet by the
61	61	method provided by:
62	62	(1) Section 101.008; or
63	63	(2) Section 105.001, regardless of whether the voter
64	64	would qualify under that section.
65	65	(h) An electronic mail address provided under this section
66	66	is confidential and does not constitute public information for
67	67	purposes of Chapter 552, Government Code. The early voting clerk
68	68	shall ensure that an electronic mail address provided under this
69	69	section is excluded from disclosure.
70	70	(i) If a voter returns both a voted ballot mailed to the
71	71	voter under Section 101.007(a) and a voted ballot provided
72	72	electronically to the voter under this section, only the ballot
73	73	that was provided electronically may be counted. A ballot returned
74	74	under this chapter shall be processed in the same manner as any
75	75	other ballot voted by mail as provided by Chapter 87.
76	76	(j) All other provisions of this code that would normally
77	77	apply to a ballot voted under this chapter apply to a ballot voted
78	78	under this section, including the deadline provided by Section
79	79	86.007 and electronic transmission of a ballot under Section
80	80	105.001.
81	81	(k) The secretary of state may adopt rules as necessary to
82	82	implement this section.
83	83	(l) Nothing in this section may be construed to impose
84	84	liability with respect to the electronic mail ballot program
85	85	created under this section on:
86	86	(1) an Internet service provider;
87	87	(2) an interactive computer service, as defined by 47
88	88	U.S.C. Section 230;
89	89	(3) a telecommunications service, as defined by 47
90	90	U.S.C. Section 153; or
91	91	(4) a cable operator, as defined by 47 U.S.C. Section
92	92	522.
93	93	SECTION 2. This Act takes effect September 1, 2009.
94	94	* * * * *