84R7771 ATP-F
By: Paul H.B. No. 2158
A BILL TO BE ENTITLED
AN ACT
relating to the deadline for returning a ballot voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 86.007, Election Code, is amended by
amending Subsections (a), (d), (e), and (f), and adding Subsection
(d-1) to read as follows:
(a) Except as provided by Subsection (d), a marked ballot
voted by mail must arrive at the address on the carrier envelope:
(1) before the time the polls are required to close on
election day; or
(2) not later than 5 p.m. on the day after election
day, if the carrier envelope was placed for delivery before
election day.
(d) A marked ballot voted by mail that arrives after the
time prescribed by Subsection (a) shall be counted if:
(1) the ballot was cast from an address outside the
United States;
(2) the carrier envelope was placed for delivery
before the time the ballot is required to arrive under Subsection
(a)(1) [(a)]; and
(3) the ballot arrives at the address on the carrier
envelope not later than the fifth day after the date of the
election.
(d-1) If the deadline for the arrival of a ballot voted by
mail[, except that if that date] falls on a Saturday, Sunday, or
legal state or national holiday, then the deadline is extended to
the next regular business day.
(e) A delivery under Subsection (a)(2) or (d) [(d)(2)] is
timely, except as otherwise provided by this title, if the carrier
envelope or, if applicable, the envelope containing the carrier
envelope:
(1) is properly addressed with postage or handling
charges prepaid; and
(2) [is sent from an address outside the United
States; and
[(3)] bears a cancellation mark of a recognized postal
service or a receipt mark of a common or contract carrier or a
courier indicating a time before the deadline.
(f) If the envelope does not bear the cancellation mark or
receipt mark as required by Subsection (e)(2) [(e)(3)], a delivery
under Subsection (a)(2) or (d) [(d)(1)] is presumed to be timely if
the other requirements under this section are met. [Section 1.006
does not apply to Subsection (d)(3).]
SECTION 2. This Act takes effect September 1, 2015.