By: Isaac, et al. (Senate Sponsor - Van de Putte) H.B. No. 2595
(In the Senate - Received from the House May 12, 2011;
May 12, 2011, read first time and referred to Committee on State
Affairs; May 21, 2011, reported favorably by the following vote:
Yeas 8, Nays 0; May 21, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the electronic submission and recording of documents
associated with voting by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.007(b), Election Code, is amended to
read as follows:
(b) An application must be submitted to the early voting
clerk by:
(1) mail;
(2) common or contract carrier; or
(3) a means of sending an electronic copy prescribed
by the secretary of state [telephonic facsimile machine, if the
applicant is absent from the county and if a machine is available in
the clerk's office].
SECTION 2. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.0211 to read as follows:
Sec. 87.0211. ELECTRONIC DELIVERY OF MATERIALS RECORDED
ELECTRONICALLY. If ballot materials and ballot applications are
recorded electronically as provided by Section 87.126, the early
voting clerk may deliver those materials to the early voting ballot
board through electronic means.
SECTION 3. Section 87.027, Election Code, is amended by
adding Subsection (m) to read as follows:
(m) If ballot materials or ballot applications are recorded
electronically as provided by Section 87.126, the signature
verification committee may use an electronic copy of a carrier
envelope certificate or the voter's ballot application in making
the comparison under Subsection (i).
SECTION 4. Subchapter G, Chapter 87, Election Code, is
amended by adding Section 87.126 to read as follows:
Sec. 87.126. ELECTRONIC RECORDING OF BALLOT MATERIALS AND
APPLICATIONS. (a) The early voting clerk may electronically
record applications for a ballot to be voted by mail, jacket
envelopes, carrier envelopes, and ballots.
(b) The secretary of state may adopt rules providing
requirements for the electronic image quality and storage of the
electronic images of the documents described by Subsection (a).
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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