By: Van de Putte, Uresti S.B. No. 92
(In the Senate - Filed November 10, 2008; February 10, 2009,
read first time and referred to Committee on State Affairs;
March 26, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 26, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 92 By: Van de Putte
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 and their
spouses and dependents residing 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 for a general
election for state and county officers to an overseas voter who is:
(1) a member of the armed forces of the United States;
or
(2) a spouse or dependent of a member of the armed
forces of the United States.
(b) A county with a population of 100,000 or more shall
participate in the electronic mail ballot program. A county 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.
(c) 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;
(3) provides an electronic mail address that contains
the voter's name and the suffix ".mil" or provides an electronic
copy of a letter from the commanding officer of the member of the
armed forces that indicates that the voter is a spouse or dependent
of the member and is residing overseas; and
(4) requests that balloting materials be sent by
electronic mail.
(d) Balloting materials sent to an electronic mail address
under Subsection (c) 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.
(e) If the early voting clerk provides a ballot to a voter at
an electronic mail address under Subsection (c), the clerk must
provide ballots to all voters who qualify under that subsection.
(f) If the early voting clerk provides a ballot to a voter at
an electronic mail address under Subsection (c), the clerk shall
amend the voter's federal postcard application for future elections
with the voter's current address.
(g) A ballot sent to an electronic mail address under
Subsection (c) 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.
(h) 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 provided under this
section is excluded from disclosure.
(i) 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.
(j) 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.
(k) The secretary of state may adopt rules as necessary to
implement this section.
(l) Nothing in this section may be construed to impose
liability with respect to the electronic mail ballot program
created under this section on:
(1) an Internet service provider;
(2) an interactive computer service, as defined by 47
U.S.C. Section 230;
(3) a telecommunications service, as defined by 47
U.S.C. Section 153; or
(4) a cable operator, as defined by 47 U.S.C. Section
522.
SECTION 2. This Act takes effect September 1, 2009.
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