| 1 | 1 | | By: Van de Putte S.B. No. 92 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the establishment of a program to provide a ballot by |
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| 7 | 7 | | electronic mail to military personnel serving overseas. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 101, Election Code, is amended by adding |
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| 10 | 10 | | Section 101.0072 to read as follows: |
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| 11 | 11 | | Sec. 101.0072. ELECTRONIC MAIL BALLOT PROGRAM. (a) The |
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| 12 | 12 | | secretary of state shall implement a program to allow the use of |
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| 13 | 13 | | electronic mail to provide balloting materials to overseas voters |
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| 14 | 14 | | who are members of the armed forces of the United States for a |
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| 15 | 15 | | general election for state and county officers. A county with a |
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| 16 | 16 | | population of 100,000 or more shall participate in the program. A |
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| 17 | 17 | | country with a population of less than 100,000 may participate in |
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| 18 | 18 | | the program only if: |
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| 19 | 19 | | (1) the early voting clerk of the county makes a |
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| 20 | 20 | | request to the secretary of state to participate; and |
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| 21 | 21 | | (2) the secretary of state approves the request. |
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| 22 | 22 | | (b) After balloting materials have been provided to the |
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| 23 | 23 | | voter in accordance with Section 101.007(a), the early voting clerk |
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| 24 | 24 | | in a county participating in the program shall send balloting |
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| 25 | 25 | | materials to an electronic mail address in a form and manner |
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| 26 | 26 | | prescribed by the secretary of state if the voter: |
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| 27 | 27 | | (1) is an FPCA registrant and is eligible for early |
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| 28 | 28 | | voting by mail under Sections 101.001(1) and (2)(A); |
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| 29 | 29 | | (2) provides a current address that is located outside |
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| 30 | 30 | | the United States and is voting from outside the United States; |
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| 31 | 31 | | (3) provides an electronic mail address that contains |
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| 32 | 32 | | the voter's name and the suffix ".mil"; and |
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| 33 | 33 | | (4) requests that balloting materials be sent by |
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| 34 | 34 | | electronic mail because the voter did not receive the balloting |
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| 35 | 35 | | materials provided under Section 101.007(a). |
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| 36 | 36 | | (c) Balloting materials sent to an electronic mail address |
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| 37 | 37 | | under Subsection (b) shall include a signature sheet for the voter. |
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| 38 | 38 | | The secretary of state shall prescribe procedures to allow for the |
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| 39 | 39 | | signature sheet to be signed by a voter using a digital signature. |
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| 40 | 40 | | (d) If the early voting clerk provides a ballot to a voter at |
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| 41 | 41 | | an electronic mail address under Subsection (b), the clerk must |
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| 42 | 42 | | provide ballots to all voters who qualify under that subsection. |
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| 43 | 43 | | (e) If the early voting clerk provides a ballot to a voter at |
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| 44 | 44 | | an electronic mail address under Subsection (b), the clerk shall |
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| 45 | 45 | | amend the voter's federal postcard application for future elections |
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| 46 | 46 | | with the voter's current address. |
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| 47 | 47 | | (f) A ballot sent to an electronic mail address under |
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| 48 | 48 | | Subsection (b) must be returned with the signature sheet by the |
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| 49 | 49 | | method provided by: |
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| 50 | 50 | | (1) Section 101.008; or |
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| 51 | 51 | | (2) Section 105.001, regardless of whether the voter |
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| 52 | 52 | | would qualify under that section. |
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| 53 | 53 | | (g) An electronic mail address provided under this section |
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| 54 | 54 | | is confidential and does not constitute public information for |
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| 55 | 55 | | purposes of Chapter 552, Government Code. The early voting clerk |
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| 56 | 56 | | shall ensure that an electronic mail address proved under this |
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| 57 | 57 | | section is excluded from disclosure. |
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| 58 | 58 | | (h) If a voter returns both a voted ballot mailed to the |
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| 59 | 59 | | voter under Section 101.007(a) and a voted ballot provided |
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| 60 | 60 | | electronically to the voter under this section, only the ballot |
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| 61 | 61 | | that was provided electronically may be counted. A ballot returned |
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| 62 | 62 | | under this chapter shall be processed in the same manner as any |
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| 63 | 63 | | other ballot voted by mail as provided by Chapter 87. |
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| 64 | 64 | | (i) All other provisions of this code that would normally |
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| 65 | 65 | | apply to a ballot voted under this chapter apply to a ballot voted |
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| 66 | 66 | | under this section, including the deadline provided by Section |
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| 67 | 67 | | 86.007 and electronic transmission of a ballot under Section |
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| 68 | 68 | | 105.001. |
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| 69 | 69 | | (j) The secretary of state may adopt rules as necessary to |
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| 70 | 70 | | implement this section. |
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| 71 | 71 | | SECTION 2. This Act takes effect September 1, 2009. |
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