82R763 DRH-D
By: Van de Putte S.B. No. 100
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of voting procedures necessary to
implement the federal Military and Overseas Voter Empowerment Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 101, Election Code, is amended to read as
follows:
CHAPTER 101. VOTING BY RESIDENT FEDERAL POSTCARD APPLICANT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 101.001. ELIGIBILITY. A person is eligible for early
voting by mail as provided by this chapter if:
(1) the person is qualified to vote in this state or,
if not registered to vote in this state, would be qualified if
registered; and
(2) the person is:
(A) a member of the armed forces of the United
States, or the spouse or a dependent of a member;
(B) a member of the merchant marine of the United
States, or the spouse or a dependent of a member; or
(C) domiciled in this state but temporarily
living outside the territorial limits of the United States and the
District of Columbia.
Sec. 101.002. GENERAL CONDUCT OF VOTING. Voting under this
chapter shall be conducted and the results shall be processed as
provided by Subtitle A for early voting by mail, except as otherwise
provided by this chapter.
Sec. 101.003. DEFINITIONS. [FORM AND CONTENTS OF
APPLICATION. (a) An application for a ballot to be voted under
this chapter must:
[(1) be submitted on an official federal postcard
application form; and
[(2) include the information necessary to indicate
that the applicant is eligible to vote in the election for which the
ballot is requested.
[(b)] In this chapter:
(1) "Federal [, "federal] postcard application" means
an application for a ballot to be voted under this chapter submitted
on the official federal form prescribed under the federal Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff
et seq.).
(2) "FPCA registrant" means a person registered to
vote under Section 101.055.
Sec. 101.004. NOTING FPCA REGISTRATION ON POLL LIST. For
each FPCA registrant accepted to vote, a notation shall be made
beside the voter's name on the early voting poll list indicating
that the voter is an FPCA registrant.
Sec. 101.005. NOTING FPCA REGISTRATION AND E-MAIL ON EARLY
VOTING ROSTER. The entry on the early voting roster pertaining to a
voter under this chapter who is an FPCA registrant must include a
notation indicating that the voter is an FPCA registrant. The early
voting clerk shall note on the early voting by mail roster each
e-mail of a ballot under Subchapter C.
Sec. 101.006. EXCLUDING FPCA REGISTRANT FROM PRECINCT EARLY
VOTING LIST. A person to whom a ballot is provided under this
chapter is not required to be included on the precinct early voting
list if the person is an FPCA registrant.
Sec. 101.007. DESIGNATION OF SECRETARY OF STATE. The
secretary of state is designated as the state office to provide
information regarding voter registration procedures and absentee
ballot procedures, including procedures related to the federal
write-in absentee ballot, to be used by persons eligible to vote
under the federal Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. Section 1973ff et seq.).
SUBCHAPTER B. SUBMISSION OF FEDERAL POSTCARD APPLICATION
Sec. 101.051. FORM AND CONTENTS OF APPLICATION. An
application for a ballot to be voted under this subchapter must:
(1) be submitted on an official federal postcard
application form; and
(2) include the information necessary to indicate that
the applicant is eligible to vote in the election for which the
ballot is requested.
Sec. 101.052 [101.004]. SUBMITTING APPLICATION. (a) A
federal postcard application must be submitted to the early voting
clerk for the election who serves the election precinct of the
applicant's residence.
(a-1) A federal postcard application must be submitted by:
(1) mail; or
(2) electronic transmission of an image of the
application under procedures prescribed by the secretary of state.
(b) A federal postcard application may be submitted at any
time during the calendar year in which the election for which a
ballot is requested occurs, but not later than the deadline for
submitting a regular application for a ballot to be voted by mail.
(c) A federal postcard application requesting a ballot for
an election to be held in January or February may be submitted in
the preceding calendar year but not earlier than the earliest date
for submitting a regular application for a ballot to be voted by
mail.
(d) A timely application that is addressed to the wrong
early voting clerk shall be forwarded to the proper early voting
clerk not later than the day after the date it is received by the
wrong clerk.
(e) An applicant who otherwise complies with applicable
requirements is entitled to receive a full ballot to be voted by
mail under this chapter if:
(1) the applicant submits a federal postcard
application to the early voting clerk on or before the 20th day
before election day; and
(2) the application contains the information that is
required for registration under Title 2.
(f) The applicant is entitled to receive only a federal
ballot to be voted by mail under Chapter 114 if:
(1) the applicant submits the federal postcard
application to the early voting clerk after the date provided by
Subsection (e)(1) and before the sixth day before election day; and
(2) the application contains the information that is
required for registration under Title 2.
(g) An applicant who submits a federal postcard application
to the early voting clerk on or after the sixth day before election
day is not entitled to receive a ballot by mail for that election.
(h) If the applicant submits the federal postcard
application within the time prescribed by Subsection (f)(1) and is
a registered voter at the address contained on the application, the
applicant is entitled to receive a full ballot to be voted by mail
under this chapter.
(i) Except as provided by Subsections (l) and (m), for
purposes of determining the date a federal postcard application is
submitted to the early voting clerk, an application is considered
to be submitted on the date it is placed and properly addressed in
the United States mail. An application mailed from an Army/Air
Force Post Office (APO) or Fleet Post Office (FPO) is considered
placed in the United States mail. The date indicated by the post
office cancellation mark, including a United States military post
office cancellation mark, is considered to be the date the
application was placed in the mail unless proven otherwise. For
purposes of an application made under Subsection (e):
(1) an application that does not contain a
cancellation mark is considered to be timely if it is received by
the early voting clerk on or before the 15th day before election
day; and
(2) if the 20th day before the date of an election is a
Saturday, Sunday, or legal state or national holiday, an
application is considered to be timely if it is submitted to the
early voting clerk on or before the next regular business day.
(j) If the early voting clerk determines that an application
that is submitted before the time prescribed by Subsection (e)(1)
does not contain the information that is required for registration
under Title 2, the clerk shall notify the applicant of that fact.
If the applicant has provided a telephone number or an address for
receiving mail over the Internet, the clerk shall notify the
applicant by that medium.
(k) If the applicant submits the missing information before
the time prescribed by Subsection (e)(1), the applicant is entitled
to receive a full ballot to be voted by mail under this chapter. If
the applicant submits the missing information after the time
prescribed by Subsection (e)(1), the applicant is entitled to
receive a full ballot to be voted by mail for the next election that
occurs:
(1) in the same calendar year; and
(2) after the 30th day after the date the information
is submitted.
(l) For purposes of determining the end of the period that
an application may be submitted under Subsection (f)(1), an
application is considered to be submitted at the time it is received
by the early voting clerk.
(m) The secretary of state by rule shall establish the date
on which a federal postcard application is considered to be
electronically submitted to the early voting clerk.
Sec. 101.053 [101.0041]. ACTION BY EARLY VOTING CLERK ON
CERTAIN APPLICATIONS. The early voting clerk shall notify the
voter registrar of a federal postcard application submitted by an
applicant that states a voting residence address located outside
the registrar's county.
Sec. 101.054 [101.005]. APPLYING FOR MORE THAN ONE ELECTION
IN SAME APPLICATION. (a) A person may apply with a single federal
postcard application for a ballot for any one or more elections in
which the early voting clerk to whom the application is submitted
conducts early voting.
(b) An application that does not identify the election for
which a ballot is requested shall be treated as if it requests a
ballot for:
(1) each general election in which the clerk conducts
early voting; and
(2) the general primary election if the application
indicates party preference and is submitted to the early voting
clerk for the primary.
(c) An application shall be treated as if it requests a
ballot for:
(1) a runoff election that results from an election
for which a ballot is requested; and
(2) each election for a federal office, including a
primary or runoff election, that occurs on or before the date of the
second general election for state and county officers that occurs
after the date the application is submitted.
(d) An application requesting a ballot for more than one
election shall be preserved for the period for preserving the
precinct election records for the last election for which the
application is effective.
Sec. 101.055 [101.006]. FPCA VOTER REGISTRATION. [(a)]
The submission of a federal postcard application that complies with
the applicable requirements by an unregistered applicant
constitutes registration by the applicant:
(1) for the purpose of voting in the election for which
a ballot is requested; and
(2) under Title 2 unless the person indicates on the
application that the person is residing outside the United States
indefinitely.
[(b) In this chapter, "FPCA registrant" means a person
registered to vote under this section.]
Sec. 101.056 [101.007]. METHOD OF PROVIDING BALLOT;
REQUIRED ADDRESS. (a) The balloting materials provided under this
subchapter [chapter] shall be airmailed to the voter free of United
States postage, as provided by the federal Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), in
an envelope labeled "Official Election Balloting Material - via
Airmail." The secretary of state shall provide early voting clerks
with instructions on compliance with this subsection.
(b) The address to which the balloting materials are sent to
a voter must be:
(1) an address outside the county of the voter's
residence; or
(2) an address in the United States for forwarding or
delivery to the voter at a location outside the United States.
(c) If the address to which the balloting materials are to
be sent is within the county served by the early voting clerk, the
federal postcard application must indicate that the balloting
materials will be forwarded or delivered to the voter at a location
outside the United States.
Sec. 101.057 [101.008]. RETURN OF VOTED BALLOT. A ballot
voted under this subchapter [chapter] may be returned to the early
voting clerk by mail, common or contract carrier, or courier.
[Sec. 101.009. NOTING FPCA REGISTRATION ON POLL LIST. For
each FPCA registrant accepted to vote, a notation shall be made
beside the voter's name on the early voting poll list indicating
that the voter is an FPCA registrant.
[Sec. 101.010. NOTING FPCA REGISTRATION ON EARLY VOTING
ROSTER. The entry on the early voting roster pertaining to a voter
under this chapter who is an FPCA registrant must include a notation
indicating that the voter is an FPCA registrant.
[Sec. 101.011. EXCLUDING FPCA REGISTRANT FROM PRECINCT
EARLY VOTING LIST. A person to whom a ballot is provided under this
chapter is not required to be included on the precinct early voting
list if the person is an FPCA registrant.]
Sec. 101.058 [101.012]. OFFICIAL CARRIER ENVELOPE. The
officially prescribed carrier envelope for voting under this
subchapter [chapter] shall be prepared so that it can be mailed free
of United States postage, as provided by the federal Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et
seq.) [Federal Voting Assistance Act of 1955], and must contain the
label prescribed by Section 101.056(a) [101.007(a)] for the
envelope in which the balloting materials are sent to a voter. The
secretary of state shall provide early voting clerks with
instructions on compliance with this section.
SUBCHAPTER C. E-MAIL TRANSMISSION OF BALLOTING MATERIALS
Sec. 101.101. PURPOSE. The purpose of this subchapter is to
implement the federal Military and Overseas Voter Empowerment Act
(Pub. L. No. 111-84, Div. A, Title V, Subt. H).
Sec. 101.102. REQUEST FOR BALLOTING MATERIALS. (a) A
person eligible to vote under this chapter may request from the
appropriate early voting clerk e-mail transmission of balloting
materials under this subchapter.
(b) The early voting clerk shall grant a request made under
this section for the e-mail transmission of balloting materials if:
(1) the requestor has submitted a valid federal
postcard application and:
(A) if the requestor is a person described by
Section 101.001(2)(B) or (C), has provided a current mailing
address that is located outside the United States and is voting from
outside the United States; or
(B) if the requestor is a person described by
Section 101.001(2)(A), has provided a current mailing address that
is located outside the requestor's county of residence and is
voting from outside that county;
(2) the requestor provides an e-mail address:
(A) that corresponds to the address on file with
the requestor's federal postcard application; or
(B) stated on a newly submitted federal postcard
application;
(3) the request is submitted on or before the seventh
day before the date of the election; and
(4) a marked ballot for the election from the
requestor has not been received by the early voting clerk.
Sec. 101.103. CONFIDENTIALITY OF E-MAIL ADDRESS. An e-mail
address used under this subchapter to request balloting materials
is confidential and does not constitute public information for
purposes of Chapter 552, Government Code. An early voting clerk
shall ensure that a voter's e-mail address provided under this
subchapter is excluded from public disclosure.
Sec. 101.104. ELECTIONS COVERED. The e-mail transmission
of balloting materials under this subchapter is limited to:
(1) an election in which an office of the federal
government appears on the ballot, including a primary election;
(2) an election held statewide; or
(3) an election held jointly with an election
described by Subdivision (1) or (2).
Sec. 101.105. BALLOTING MATERIALS TO BE SENT BY E-MAIL.
Balloting materials to be sent by e-mail under this subchapter
include:
(1) the appropriate ballot;
(2) ballot instructions, including instructions that
inform a voter that the ballot must be returned by mail to be
counted;
(3) instructions prescribed by the secretary of state
on:
(A) how to print a return envelope from the
federal Voting Assistance Program website; and
(B) how to create a carrier envelope for the
ballot; and
(4) a list of certified write-in candidates, if
applicable.
Sec. 101.106. METHODS OF TRANSMISSION TO VOTER. (a) The
balloting materials may be provided by e-mail to the voter in PDF
format, through a scanned format, or by any other method of
electronic transmission authorized by the secretary of state in
writing.
(b) The secretary of state shall prescribe procedures for
the retransmission of balloting materials following an
unsuccessful transmission of the materials to a voter.
Sec. 101.107. RETURN OF BALLOT. (a) A voter who receives a
ballot under this subchapter must return the ballot in the same
manner as required under Section 101.057 and, except as provided by
Chapter 105, may not return the ballot by electronic transmission.
(b) A ballot that is not returned as required by this
section is considered a ballot not timely returned and is not sent
to the early voting ballot board for processing.
(c) The deadline for the return of a ballot under this
section is the same deadline as provided in Section 86.007.
Sec. 101.108. TRACKING OF BALLOTING MATERIALS. The
secretary of state by rule shall create a tracking system under
which an FPCA registrant may determine whether a voted ballot has
been received by the early voting clerk. Each county or political
subdivision that sends ballots to FPCA registrants shall provide
information required by the secretary of state to implement the
system.
Sec. 101.109. RULES. The secretary of state may adopt rules
as necessary to implement this subchapter.
[Sec. 101.013. DESIGNATION OF SECRETARY OF STATE. The
secretary of state is designated as the state office to provide
information regarding voter registration procedures and absentee
ballot procedures, including procedures related to the federal
write-in absentee ballot, to be used by persons eligible to vote
under the federal Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. Section 1973ff et seq.), as amended.]
SECTION 2. Section 86.011(b), Election Code, is amended to
read as follows:
(b) If the return is timely, the clerk shall enclose the
carrier envelope and the voter's early voting ballot application in
a jacket envelope. The clerk shall also include in the jacket
envelope:
(1) a copy of the voter's federal postcard application
if the ballot is voted under Chapter 101; and
(2) the signature cover sheet, if the ballot is voted
under Chapter 105.
SECTION 3. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.0223 to read as follows:
Sec. 87.0223. TIME OF DELIVERY: BALLOTS SENT OUT BY REGULAR
MAIL AND E-MAIL. (a) If the early voting clerk has provided a voter
a ballot to be voted by mail by both regular mail and e-mail under
Subchapter C, Chapter 101, the clerk may not deliver a jacket
envelope containing the early voting ballot voted by mail by the
voter to the board until:
(1) both ballots are returned; or
(2) the deadline for returning marked ballots under
Section 86.007 has passed.
(b) If both the ballot provided by regular mail and the
ballot provided by e-mail are returned before the deadline, the
early voting clerk shall deliver only the jacket envelope
containing the ballot provided by e-mail to the board. The ballot
provided by regular mail is considered to be a ballot not timely
returned.
SECTION 4. Section 87.041, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) In making the determination under Subsection (b)(2) for
a ballot cast under Chapter 101 or 105, the board shall compare the
signature on the carrier envelope or signature cover sheet with the
signature of the voter on the federal postcard application. If the
board determines that the signatures could have been made by the
same person, the ballot shall be accepted.
SECTION 5. Section 87.043, Election Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) The early voting ballot board shall place the carrier
envelopes containing rejected ballots in an envelope and shall seal
the envelope. More than one envelope may be used if necessary. The
board shall keep a record of the number of rejected ballots in each
envelope.
(d) A notation must be made on the carrier envelope of any
ballot that was rejected after the carrier envelope was opened and
include the reason the envelope was opened and the ballot was
rejected.
SECTION 6. Section 87.0431, Election Code, is amended to
read as follows:
Sec. 87.0431. NOTICE OF REJECTED BALLOT. Not later than the
10th day after election day, the presiding judge of the early voting
ballot board shall deliver written notice of the reason for the
rejection of a ballot to the voter at the residence address on the
ballot application. If the ballot was transmitted to the voter by
e-mail under Subchapter C, Chapter 101, the presiding judge shall
also provide the notice to the e-mail address to which the ballot
was sent.
SECTION 7. Section 87.044(a), Election Code, is amended to
read as follows:
(a) The early voting ballot board shall place each
application for a ballot voted by mail in its corresponding jacket
envelope. For a ballot voted under Chapter 101 or 105, the board
shall also place the copy of the voter's federal postcard
application or signature cover sheet in the same location as the
carrier envelope. If the voter's ballot was accepted, the board
shall also place the carrier envelope in the jacket envelope.
However, if the jacket envelope is to be used in a subsequent
election, the carrier envelope shall be retained elsewhere.
SECTION 8. This Act takes effect September 1, 2011.