87R8432 BRG-D
By: Paul H.B. No. 3281
A BILL TO BE ENTITLED
AN ACT
relating to practices and procedures for an early voting ballot
voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.007(c), Election Code, is amended to
read as follows:
(c) Except as provided by Section 86.0015(b), an
application may be submitted at any time in the year of the election
for which a ballot is requested, but not later than the close of
regular business in the early voting clerk's office or 12 noon,
whichever is later, on the 15th [11th] day before election day
unless that day is a Saturday, Sunday, or legal state or national
holiday, in which case the last day is the first preceding regular
business day.
SECTION 2. Section 86.0015(b-1), Election Code, is amended
to read as follows:
(b-1) An application submitted under this section must be
submitted before the close of regular business in the early voting
clerk's office or 12 noon, whichever is later, on the 15th [11th]
day before election day unless that day is a Saturday, Sunday, or
legal state or national holiday, in which case the last day is the
first preceding regular business day.
SECTION 3. Sections 86.007(a) and (d), Election Code, are
amended to read as follows:
(a) Except as provided by Subsection (d), a marked ballot
voted by mail must arrive at the address on the carrier envelope [:
[(1) before the time the polls are required to close on
election day; or
[(2)] not later than 5 p.m. on the fourth day before
[after] election day [, if the carrier envelope was placed for
delivery by mail or common or contract carrier before election day
and bears a cancellation mark of a common or contract carrier or a
courier indicating a time not later than 7 p.m. at the location of
the election on election day].
(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; and
(2) [the carrier envelope was placed for delivery
before the time the ballot is required to arrive under Subsection
(a)(1); and]
[(3)] the ballot arrives at the address on the carrier
envelope not later than the fifth day after the date of the
election.
SECTION 4. Section 87.022, Election Code, is amended to
read as follows:
Sec. 87.022. TIME OF DELIVERY: GENERAL RULE. Except as
provided by Sections [Section] 87.0221 and [,] 87.0222, [87.023, or
87.024,] the materials shall be delivered to the early voting
ballot board under this subchapter during the time the polls are
open on election day, or as soon after the polls close as
practicable, at the time or times specified by the presiding judge
of the board.
SECTION 5. Section 87.0221(a), Election Code, is amended to
read as follows:
(a) In an election in which regular paper ballots are used
for early voting by personal appearance [or by mail], the materials
may be delivered to the board between the end of the period for
early voting by personal appearance and the closing of the polls on
election day, or as soon after closing as practicable, at the time
or times specified by the presiding judge of the board.
SECTION 6. Section 87.0222(a), Election Code, is amended to
read as follows:
(a) The [Notwithstanding Section 87.024, in an election
conducted by an authority of a county with a population of 100,000
or more or conducted jointly with such a county, the] jacket
envelopes containing the early voting ballots voted by mail shall
[may] be delivered to the board not earlier than the 20th day before
election [between the end of the ninth] day and not later than 6
p.m. on the fourth day before election day [before the last day of
the period for early voting by personal appearance and the closing
of the polls on election day, or as soon after closing as
practicable, at the time or times specified by the presiding judge
of the board].
SECTION 7. Section 87.0241(b), Election Code, is amended to
read as follows:
(b) The board may not count early voting ballots until 3
p.m. [:
[(1) the polls open] on election day [; or
[(2) in an election conducted by an authority of a
county with a population of 100,000 or more or conducted jointly
with such a county, the end of the period for early voting by
personal appearance].
SECTION 8. Section 87.103, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) Early voting ballots may not be counted until 3 p.m. on
election day.
SECTION 9. Section 87.1231, Election Code, is amended to
read as follows:
Sec. 87.1231. COUNTING AND REPORTING EARLY VOTING VOTES
[REPORTED BY PRECINCT]. (a) Not later than the time of the local
canvass, the early voting clerk shall deliver to the local
canvassing authority a report of the total number of early voting
votes for each candidate or measure by election precinct. The
report may reflect the total for votes by mail and the total for
votes by personal appearance.
(b) Notwithstanding any other law, early voting ballots
voted by mail that are required to arrive at the address on the
carrier envelope by the deadline under Section 86.007(a) must be
counted not later than 7 p.m. on election day and released at 7 p.m.
on election day.
SECTION 10. The following sections of the Election Code are
repealed:
(1) Sections 86.007(e) and (f);
(2) Section 87.023;
(3) Section 87.024; and
(4) Section 87.0241(c).
SECTION 11. This Act takes effect September 1, 2021.