Texas 2015 - 84th Regular

Texas House Bill HB2382 Compare Versions

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11 84R485 ADM-D
22 By: Reynolds H.B. No. 2382
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44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to in-person delivery of an application to vote an early
88 voting ballot by mail.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 84.001, Election Code, is amended by
1111 amending Subsections (d) and (d-1) to read as follows:
1212 (d) An application must be submitted by mail or in person to
1313 the early voting clerk for the election who serves the election
1414 precinct of the applicant's residence.
1515 (d-1) A timely application that is addressed or delivered to
1616 the wrong early voting clerk shall be forwarded to the proper early
1717 voting clerk not later than the day after the date it is received by
1818 the wrong clerk.
1919 SECTION 2. Section 101.052, Election Code, is amended by
2020 amending Subsections (a-1), (d), and (i) and adding Subsection (n)
2121 to read as follows:
2222 (a-1) A federal postcard application must be submitted
2323 [by]:
2424 (1) by mail; [or]
2525 (2) by electronic transmission of an image of the
2626 application under procedures prescribed by the secretary of state;
2727 or
2828 (3) in person to the early voting clerk for the
2929 election who serves the election precinct of the applicant's
3030 residence.
3131 (d) A timely application that is addressed or delivered to
3232 the wrong early voting clerk shall be forwarded to the proper early
3333 voting clerk not later than the day after the date it is received by
3434 the wrong clerk.
3535 (i) Except as provided by Subsections (l), [and] (m), and
3636 (n), for purposes of determining the date a federal postcard
3737 application is submitted to the early voting clerk, an application
3838 is considered to be submitted on the date it is placed and properly
3939 addressed in the United States mail. An application mailed from an
4040 Army/Air Force Post Office (APO) or Fleet Post Office (FPO) is
4141 considered placed in the United States mail. The date indicated by
4242 the post office cancellation mark, including a United States
4343 military post office cancellation mark, is considered to be the
4444 date the application was placed in the mail unless proven
4545 otherwise. For purposes of an application made under Subsection
4646 (e):
4747 (1) an application that does not contain a
4848 cancellation mark is considered to be timely if it is received by
4949 the early voting clerk on or before the 15th day before election
5050 day; and
5151 (2) if the 20th day before the date of an election is a
5252 Saturday, Sunday, or legal state or national holiday, an
5353 application is considered to be timely if it is submitted to the
5454 early voting clerk on or before the next regular business day.
5555 (n) An application delivered under Subsection (a-1)(3) is
5656 considered to be submitted at the time it is received by the early
5757 voting clerk who receives the initial in-person delivery,
5858 regardless of whether the clerk was required to forward the
5959 application under Subsection (d).
6060 SECTION 3. Section 84.008, Election Code, is repealed.
6161 SECTION 4. This Act takes effect September 1, 2015.