| 1 | 1 | | By: Isaac, et al. (Senate Sponsor - Van de Putte) H.B. No. 2595 |
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| 2 | 2 | | (In the Senate - Received from the House May 12, 2011; |
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| 3 | 3 | | May 12, 2011, read first time and referred to Committee on State |
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| 4 | 4 | | Affairs; May 21, 2011, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 8, Nays 0; May 21, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the electronic submission and recording of documents |
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| 11 | 11 | | associated with voting by mail. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 84.007(b), Election Code, is amended to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (b) An application must be submitted to the early voting |
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| 16 | 16 | | clerk by: |
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| 17 | 17 | | (1) mail; |
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| 18 | 18 | | (2) common or contract carrier; or |
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| 19 | 19 | | (3) a means of sending an electronic copy prescribed |
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| 20 | 20 | | by the secretary of state [telephonic facsimile machine, if the |
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| 21 | 21 | | applicant is absent from the county and if a machine is available in |
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| 22 | 22 | | the clerk's office]. |
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| 23 | 23 | | SECTION 2. Subchapter B, Chapter 87, Election Code, is |
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| 24 | 24 | | amended by adding Section 87.0211 to read as follows: |
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| 25 | 25 | | Sec. 87.0211. ELECTRONIC DELIVERY OF MATERIALS RECORDED |
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| 26 | 26 | | ELECTRONICALLY. If ballot materials and ballot applications are |
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| 27 | 27 | | recorded electronically as provided by Section 87.126, the early |
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| 28 | 28 | | voting clerk may deliver those materials to the early voting ballot |
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| 29 | 29 | | board through electronic means. |
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| 30 | 30 | | SECTION 3. Section 87.027, Election Code, is amended by |
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| 31 | 31 | | adding Subsection (m) to read as follows: |
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| 32 | 32 | | (m) If ballot materials or ballot applications are recorded |
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| 33 | 33 | | electronically as provided by Section 87.126, the signature |
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| 34 | 34 | | verification committee may use an electronic copy of a carrier |
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| 35 | 35 | | envelope certificate or the voter's ballot application in making |
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| 36 | 36 | | the comparison under Subsection (i). |
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| 37 | 37 | | SECTION 4. Subchapter G, Chapter 87, Election Code, is |
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| 38 | 38 | | amended by adding Section 87.126 to read as follows: |
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| 39 | 39 | | Sec. 87.126. ELECTRONIC RECORDING OF BALLOT MATERIALS AND |
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| 40 | 40 | | APPLICATIONS. (a) The early voting clerk may electronically |
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| 41 | 41 | | record applications for a ballot to be voted by mail, jacket |
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| 42 | 42 | | envelopes, carrier envelopes, and ballots. |
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| 43 | 43 | | (b) The secretary of state may adopt rules providing |
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| 44 | 44 | | requirements for the electronic image quality and storage of the |
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| 45 | 45 | | electronic images of the documents described by Subsection (a). |
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| 46 | 46 | | SECTION 5. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2011. |
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| 51 | 51 | | * * * * * |
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