By: Torres, Burkett, White, et al. H.B. No. 2173
A BILL TO BE ENTITLED
AN ACT
relating to a pilot program allowing certain military overseas
voters 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. PILOT PROGRAM FOR ELECTRONIC TRANSMISSION OF
BALLOTS TO AND FROM OVERSEAS MILITARY VOTERS. (a) Not later than
July 1, 2012, the secretary of state shall prescribe procedures to
implement a pilot program 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 election for state and
county officers in 2012. A county may participate in the pilot
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) The procedures must:
(1) require that the early voting clerk of a
participating 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 Section 101.001;
(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
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 by
having the balloting materials returned to the secretary of state
for verification and redistribution;
(4) require the early voting clerk to maintain a
record of each ballot received under this section; and
(5) require that the balloting materials be sent to
and returned from the e-mail address provided under Subdivision
(1)(C).
(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 shall adopt rules as necessary to
implement this section.
(f) At the conclusion of the pilot program established under
this section, but not later than February 15, 2013, the secretary of
state shall file a report on the program with the legislature. The
report may include the secretary of state's:
(1) recommendations relating to the continued
feasibility of providing balloting materials by electronic
transmission to military overseas voters; and
(2) suggestions for permanent statutory authority
regarding the provision of balloting materials by electronic
transmission.
(g) This section expires February 16, 2013.
SECTION 2. This Act takes effect September 1, 2011.