Texas 2017 85th Regular

Texas House Bill HB1414 Engrossed / Bill

Filed 05/03/2017

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                    By: Cortez, Arévalo, Gutierrez, Perez, H.B. No. 1414
 Anderson of McLennan, et al.


 A BILL TO BE ENTITLED
 AN ACT
 relating to voting procedures for certain federal postcard
 applicants and military personnel serving overseas.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 67.003(b), Election Code, is amended to
 read as follows:
 (b)  Except as provided by Subsection (c), each local
 canvassing authority shall convene to conduct the local canvass at
 the time set by the canvassing authority's presiding officer [For
 an election held on the uniform election date in May, the
 local     canvass must occur] not later than the 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.
 SECTION 2.  Section 101.057, Election Code, is amended to
 read as follows:
 Sec. 101.057.  RETURN OF VOTED BALLOT. (a)  A ballot voted
 under this subchapter may be returned to the early voting clerk by
 mail, common or contract carrier, or courier.
 (b)  A ballot voted by a voter described by Section
 101.001(2)(A) or (B) shall be counted if the ballot arrives at the
 address on the carrier envelope not later than the sixth 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.
 SECTION 3.  Sections 105.004(b), (c), (d), and (e), Election
 Code, are amended to read as follows:
 (b)  The secretary of state shall select to participate in
 the program any county [a number of counties as determined by the
 secretary of state] that:
 (1)  desires [desire] to participate in the program;
 and
 (2)  is [are] determined by the secretary of state to
 have the appropriate technological capabilities.
 (c)  The secretary of state shall operate the program
 established under Subsection (a) [as a pilot program] until
 September 1, 2021 [2017].
 (d)  Not later than January 1, 2021 [2017], the secretary of
 state shall file a report with the legislature.  The report may
 include the secretary of state's recommendations on the future use
 of e-mail ballot submission by members of the armed forces of the
 United States and suggestions for permanent statutory authority
 regarding e-mail ballot submission by members of the armed forces
 of the United States.
 (e)  This section expires September 1, 2021 [2017].
 SECTION 4.  Section 67.003(a), Election
 Code, is repealed.
 SECTION 5.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2017.