| 1 | 1 | | 86R7127 SRS-F |
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| 2 | 2 | | By: González of Dallas H.B. No. 1462 |
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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 the deadline for returning a ballot voted by mail. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 86.007(a) and (e), Election Code, are |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) A [Except as provided by Subsection (d), a] marked |
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| 12 | 12 | | ballot voted by mail must arrive at the address on the carrier |
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| 13 | 13 | | envelope: |
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| 14 | 14 | | (1) before the time the polls are required to close on |
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| 15 | 15 | | election day; or |
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| 16 | 16 | | (2) not later than the fifth day after the date of the |
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| 17 | 17 | | election [5 p.m. on the day after election day], if the carrier |
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| 18 | 18 | | envelope was placed for delivery by mail or common or contract |
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| 19 | 19 | | carrier before election day and bears a cancellation mark of a |
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| 20 | 20 | | common or contract carrier or a courier indicating a time not later |
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| 21 | 21 | | than 7 p.m. at the location of the election on election day. |
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| 22 | 22 | | (e) A delivery under Subsection (a)(2) [or (d)] is timely, |
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| 23 | 23 | | except as otherwise provided by this title, if the carrier envelope |
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| 24 | 24 | | or, if applicable, the envelope containing the carrier envelope: |
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| 25 | 25 | | (1) is properly addressed with postage or handling |
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| 26 | 26 | | charges prepaid; and |
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| 27 | 27 | | (2) bears a cancellation mark of a recognized postal |
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| 28 | 28 | | service or a receipt mark of a common or contract carrier or a |
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| 29 | 29 | | courier indicating a time before the deadline. |
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| 30 | 30 | | SECTION 2. Sections 87.125(a) and (a-1), Election Code, are |
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| 31 | 31 | | amended to read as follows: |
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| 32 | 32 | | (a) The early voting ballot board shall convene to count |
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| 33 | 33 | | ballots voted by mail that arrive at the address on the carrier |
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| 34 | 34 | | envelope after 5 p.m. on the day after election day and are timely |
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| 35 | 35 | | under Section 86.007 [described by Section 86.007(d)] at the time |
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| 36 | 36 | | set by the presiding judge of the board on the ninth day after the |
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| 37 | 37 | | date of an election or on an earlier day if the early voting clerk |
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| 38 | 38 | | certifies that all ballots voted by mail [mailed from outside the |
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| 39 | 39 | | United States] have been received. |
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| 40 | 40 | | (a-1) Notwithstanding Subsection (a), for an election held |
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| 41 | 41 | | on the date of the general election for state and county officers, |
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| 42 | 42 | | the early voting ballot board shall convene to count ballots voted |
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| 43 | 43 | | by mail that arrive at the address on the carrier envelope after 5 |
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| 44 | 44 | | p.m. on the day after election day and are timely under Section |
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| 45 | 45 | | 86.007 [described by Sections 86.007(d) and (d-1)] not later than |
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| 46 | 46 | | the 13th day after the date of the election. |
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| 47 | 47 | | SECTION 3. Sections 86.007(d) and (g), Election Code, are |
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| 48 | 48 | | repealed. |
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| 49 | 49 | | SECTION 4. This Act takes effect September 1, 2019. |
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