84R11045 JRJ-D
By: Faircloth H.B. No. 3122
A BILL TO BE ENTITLED
AN ACT
relating to ballots counted by the early voting ballot board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 65.051(a), Election Code, is amended to
read as follows:
(a) The early voting ballot board shall verify and count
provisional ballots as provided by this subchapter not later than
the 13th [seventh] day after the date of an election.
SECTION 2. Section 67.003, Election Code, is amended to
read as follows:
Sec. 67.003. TIME FOR LOCAL CANVASS. (a) Except as
provided by Subsection (b) [or (c)], each local canvassing
authority shall convene to conduct the local canvass at the time set
by the canvassing authority's presiding officer not earlier than
the eighth day or later than the 14th [11th] day after election day.
(b) For an election held on the uniform election date in
May, the local canvass must occur not later than the 14th [11th] day
after election day and not earlier than the later of:
(1) the third day after election day;
(2) the date on which the early voting ballot board has
verified and counted all provisional ballots, if a provisional
ballot has been cast in the election; or
(3) the date on which all timely received ballots cast
from addresses outside of the United States are counted, if a ballot
to be voted by mail in the election was provided to a person outside
of the United States.
[(c) In an election described by Section 65.051(a-1), the
time for the local canvass may be set not later than the 14th day
after election day.]
SECTION 3. Subchapter G, Chapter 87, Election Code, is
amended by adding Section 87.127 to read as follows:
Sec. 87.127. RESOLUTION OF INCORRECT DETERMINATION BY EARLY
VOTING BALLOT BOARD. If a county election officer, as defined by
Section 31.091, determines a ballot was incorrectly rejected by the
early voting ballot board before the time set for convening the
canvassing authority, the county election officer may petition a
district court for injunctive or other relief as the court
determines appropriate.
SECTION 4. This Act takes effect September 1, 2015.