By: Van de Putte S.B. No. 92
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a program to provide a ballot by
electronic mail to military personnel serving overseas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 101, Election Code, is amended by adding
Section 101.0072 to read as follows:
Sec. 101.0072. ELECTRONIC MAIL BALLOT PROGRAM. (a) The
secretary of state shall implement a program to allow the use of
electronic mail to provide balloting materials to overseas voters
who are members of the armed forces of the United States for a
general election for state and county officers. A county with a
population of 100,000 or more shall participate in the program. A
country with a population of less than 100,000 may participate in
the program only if:
(1) the early voting clerk of the county makes a
request to the secretary of state to participate; and
(2) the secretary of state approves the request.
(b) After balloting materials have been provided to the
voter in accordance with Section 101.007(a), the early voting clerk
in a county participating in the program shall send balloting
materials to an electronic mail address in a form and manner
prescribed by the secretary of state if the voter:
(1) is an FPCA registrant and is eligible for early
voting by mail under Sections 101.001(1) and (2)(A);
(2) provides a current address that is located outside
the United States and is voting from outside the United States;
(3) provides an electronic mail address that contains
the voter's name and the suffix ".mil"; and
(4) requests that balloting materials be sent by
electronic mail because the voter did not receive the balloting
materials provided under Section 101.007(a).
(c) Balloting materials sent to an electronic mail address
under Subsection (b) shall include a signature sheet for the voter.
The secretary of state shall prescribe procedures to allow for the
signature sheet to be signed by a voter using a digital signature.
(d) If the early voting clerk provides a ballot to a voter at
an electronic mail address under Subsection (b), the clerk must
provide ballots to all voters who qualify under that subsection.
(e) If the early voting clerk provides a ballot to a voter at
an electronic mail address under Subsection (b), the clerk shall
amend the voter's federal postcard application for future elections
with the voter's current address.
(f) A ballot sent to an electronic mail address under
Subsection (b) must be returned with the signature sheet by the
method provided by:
(1) Section 101.008; or
(2) Section 105.001, regardless of whether the voter
would qualify under that section.
(g) An electronic mail address provided under this section
is confidential and does not constitute public information for
purposes of Chapter 552, Government Code. The early voting clerk
shall ensure that an electronic mail address proved under this
section is excluded from disclosure.
(h) If a voter returns both a voted ballot mailed to the
voter under Section 101.007(a) and a voted ballot provided
electronically to the voter under this section, only the ballot
that was provided electronically may be counted. A ballot returned
under this chapter shall be processed in the same manner as any
other ballot voted by mail as provided by Chapter 87.
(i) All other provisions of this code that would normally
apply to a ballot voted under this chapter apply to a ballot voted
under this section, including the deadline provided by Section
86.007 and electronic transmission of a ballot under Section
105.001.
(j) The secretary of state may adopt rules as necessary to
implement this section.
SECTION 2. This Act takes effect September 1, 2009.