1 | 1 | | 84R485 ADM-D |
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2 | 2 | | By: Reynolds H.B. No. 2382 |
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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 in-person delivery of an application to vote an early |
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8 | 8 | | voting ballot by mail. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 84.001, Election Code, is amended by |
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11 | 11 | | amending Subsections (d) and (d-1) to read as follows: |
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12 | 12 | | (d) An application must be submitted by mail or in person to |
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13 | 13 | | the early voting clerk for the election who serves the election |
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14 | 14 | | precinct of the applicant's residence. |
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15 | 15 | | (d-1) A timely application that is addressed or delivered to |
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16 | 16 | | the wrong early voting clerk shall be forwarded to the proper early |
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17 | 17 | | voting clerk not later than the day after the date it is received by |
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18 | 18 | | the wrong clerk. |
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19 | 19 | | SECTION 2. Section 101.052, Election Code, is amended by |
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20 | 20 | | amending Subsections (a-1), (d), and (i) and adding Subsection (n) |
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21 | 21 | | to read as follows: |
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22 | 22 | | (a-1) A federal postcard application must be submitted |
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23 | 23 | | [by]: |
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24 | 24 | | (1) by mail; [or] |
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25 | 25 | | (2) by electronic transmission of an image of the |
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26 | 26 | | application under procedures prescribed by the secretary of state; |
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27 | 27 | | or |
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28 | 28 | | (3) in person to the early voting clerk for the |
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29 | 29 | | election who serves the election precinct of the applicant's |
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30 | 30 | | residence. |
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31 | 31 | | (d) A timely application that is addressed or delivered to |
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32 | 32 | | the wrong early voting clerk shall be forwarded to the proper early |
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33 | 33 | | voting clerk not later than the day after the date it is received by |
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34 | 34 | | the wrong clerk. |
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35 | 35 | | (i) Except as provided by Subsections (l), [and] (m), and |
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36 | 36 | | (n), for purposes of determining the date a federal postcard |
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37 | 37 | | application is submitted to the early voting clerk, an application |
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38 | 38 | | is considered to be submitted on the date it is placed and properly |
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39 | 39 | | addressed in the United States mail. An application mailed from an |
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40 | 40 | | Army/Air Force Post Office (APO) or Fleet Post Office (FPO) is |
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41 | 41 | | considered placed in the United States mail. The date indicated by |
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42 | 42 | | the post office cancellation mark, including a United States |
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43 | 43 | | military post office cancellation mark, is considered to be the |
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44 | 44 | | date the application was placed in the mail unless proven |
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45 | 45 | | otherwise. For purposes of an application made under Subsection |
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46 | 46 | | (e): |
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47 | 47 | | (1) an application that does not contain a |
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48 | 48 | | cancellation mark is considered to be timely if it is received by |
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49 | 49 | | the early voting clerk on or before the 15th day before election |
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50 | 50 | | day; and |
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51 | 51 | | (2) if the 20th day before the date of an election is a |
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52 | 52 | | Saturday, Sunday, or legal state or national holiday, an |
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53 | 53 | | application is considered to be timely if it is submitted to the |
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54 | 54 | | early voting clerk on or before the next regular business day. |
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55 | 55 | | (n) An application delivered under Subsection (a-1)(3) is |
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56 | 56 | | considered to be submitted at the time it is received by the early |
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57 | 57 | | voting clerk who receives the initial in-person delivery, |
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58 | 58 | | regardless of whether the clerk was required to forward the |
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59 | 59 | | application under Subsection (d). |
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60 | 60 | | SECTION 3. Section 84.008, Election Code, is repealed. |
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61 | 61 | | SECTION 4. This Act takes effect September 1, 2015. |
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