82R6930 DRH-D
By: White H.B. No. 1502
A BILL TO BE ENTITLED
AN ACT
relating to allowing military voters on active duty overseas to
receive and cast a ballot electronically.
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 TRANSMISSION OF BALLOTS TO AND
FROM OVERSEAS MILITARY PERSONNEL. (a) The secretary of state shall
prescribe procedures to allow the electronic transmission of
balloting materials to, and the electronic transmission of a voted
ballot by, a member of the armed forces of the United States who is
on active duty overseas for the general primary election, a runoff
primary election, or the general election for state and county
officers.
(b) The procedures must:
(1) require that the early voting clerk of a county
send balloting materials to an e-mail address in a form and manner
prescribed by the secretary of state if the voter:
(A) is an FPCA registrant and is eligible for
early voting by mail under Sections 101.001(1) and (2)(A);
(B) provides a current address that is located
outside the United States and is voting from outside the United
States;
(C) provides an e-mail address that contains the
voter's name and the suffix ".mil"; and
(D) requests that balloting materials be sent by
electronic transmission;
(2) provide for the verification of the voter;
(3) provide for the security of the transmission; and
(4) require the early voting clerk to maintain a
record of each ballot received under this section.
(c) An e-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 e-mail address provided under this section is
excluded from disclosure.
(d) If a voter returns both a voted ballot mailed to the
voter under Section 101.007(a) and a voted ballot transmitted
electronically under this section, only the ballot that was
transmitted electronically may be counted.
(e) The secretary of state may adopt rules as necessary to
implement this section.
SECTION 2. Section 105.001, Election Code, is repealed.
SECTION 3. This Act takes effect September 1, 2011.