84R12436 SLB-F
By: Reynolds H.B. No. 3586
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. Sections 86.007(d), (e), and (f), Election Code,
are amended to read as follows:
(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); and
(2) [(3)] the ballot arrives at the address on the
carrier envelope not later than the fifth day after the date of the
election, 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 (d)(1) [(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
from an address outside the United States [under Subsection (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.