| 1 | 1 | | 84R7771 ATP-F |
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| 2 | 2 | | By: Paul H.B. No. 2158 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the deadline for returning a ballot voted by mail. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 86.007, Election Code, is amended by |
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| 10 | 10 | | amending Subsections (a), (d), (e), and (f), and adding Subsection |
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| 11 | 11 | | (d-1) to read as follows: |
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| 12 | 12 | | (a) Except as provided by Subsection (d), a marked ballot |
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| 13 | 13 | | voted by mail must arrive at the address on the carrier envelope: |
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| 14 | 14 | | (1) before the time the polls are required to close on |
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| 15 | 15 | | election day; or |
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| 16 | 16 | | (2) not later than 5 p.m. on the day after election |
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| 17 | 17 | | day, if the carrier envelope was placed for delivery before |
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| 18 | 18 | | election day. |
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| 19 | 19 | | (d) A marked ballot voted by mail that arrives after the |
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| 20 | 20 | | time prescribed by Subsection (a) shall be counted if: |
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| 21 | 21 | | (1) the ballot was cast from an address outside the |
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| 22 | 22 | | United States; |
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| 23 | 23 | | (2) the carrier envelope was placed for delivery |
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| 24 | 24 | | before the time the ballot is required to arrive under Subsection |
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| 25 | 25 | | (a)(1) [(a)]; and |
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| 26 | 26 | | (3) the ballot arrives at the address on the carrier |
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| 27 | 27 | | envelope not later than the fifth day after the date of the |
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| 28 | 28 | | election. |
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| 29 | 29 | | (d-1) If the deadline for the arrival of a ballot voted by |
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| 30 | 30 | | mail[, except that if that date] falls on a Saturday, Sunday, or |
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| 31 | 31 | | legal state or national holiday, then the deadline is extended to |
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| 32 | 32 | | the next regular business day. |
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| 33 | 33 | | (e) A delivery under Subsection (a)(2) or (d) [(d)(2)] is |
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| 34 | 34 | | timely, except as otherwise provided by this title, if the carrier |
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| 35 | 35 | | envelope or, if applicable, the envelope containing the carrier |
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| 36 | 36 | | envelope: |
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| 37 | 37 | | (1) is properly addressed with postage or handling |
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| 38 | 38 | | charges prepaid; and |
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| 39 | 39 | | (2) [is sent from an address outside the United |
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| 40 | 40 | | States; and |
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| 41 | 41 | | [(3)] bears a cancellation mark of a recognized postal |
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| 42 | 42 | | service or a receipt mark of a common or contract carrier or a |
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| 43 | 43 | | courier indicating a time before the deadline. |
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| 44 | 44 | | (f) If the envelope does not bear the cancellation mark or |
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| 45 | 45 | | receipt mark as required by Subsection (e)(2) [(e)(3)], a delivery |
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| 46 | 46 | | under Subsection (a)(2) or (d) [(d)(1)] is presumed to be timely if |
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| 47 | 47 | | the other requirements under this section are met. [Section 1.006 |
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| 48 | 48 | | does not apply to Subsection (d)(3).] |
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| 49 | 49 | | SECTION 2. This Act takes effect September 1, 2015. |
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