Texas 2021 - 87th Regular

Texas House Bill HB3281 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R20005 BRG-D
2		-	By: Paul, Anderson, et al. H.B. No. 3281
3		-	Substitute the following for H.B. No. 3281:
4		-	By: Schofield C.S.H.B. No. 3281
	1	+	87R8432 BRG-D
	2	+	By: Paul H.B. No. 3281
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to practices and procedures for an early voting ballot
10	8		voted by mail.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 84.007(c), Election Code, is amended to
13	11		read as follows:
14	12		(c) Except as provided by Section 86.0015(b), an
15	13		application may be submitted at any time in the year of the election
16	14		for which a ballot is requested, but not later than the close of
17	15		regular business in the early voting clerk's office or 12 noon,
18	16		whichever is later, on the 15th [11th] day before election day
19	17		unless that day is a Saturday, Sunday, or legal state or national
20	18		holiday, in which case the last day is the first preceding regular
21	19		business day.
22	20		SECTION 2. Section 86.0015(b-1), Election Code, is amended
23	21		to read as follows:
24	22		(b-1) An application submitted under this section must be
25	23		submitted before the close of regular business in the early voting
26	24		clerk's office or 12 noon, whichever is later, on the 15th [11th]
27	25		day before election day unless that day is a Saturday, Sunday, or
28	26		legal state or national holiday, in which case the last day is the
29	27		first preceding regular business day.
30		-	SECTION 3. Sections 86.007(a), (d), and (e), Election Code,
31		-	are amended to read as follows:
32		-	(a) Except as provided by Section 86.006(a-1) and
33		-	Subsection (d), a carrier envelope containing a marked ballot voted
34		-	by mail must:
35		-	(1) arrive at the address on the carrier envelope [:
	28	+	SECTION 3. Sections 86.007(a) and (d), Election Code, are
	29	+	amended to read as follows:
	30	+	(a) Except as provided by Subsection (d), a marked ballot
	31	+	voted by mail must arrive at the address on the carrier envelope [:
36	32		[(1) before the time the polls are required to close on
37	33		election day; or
38		-	[(2)] not later than 5 p.m. on the day before [after]
39		-	election day;
40		-	(2) be [, if the carrier envelope was] placed for
41		-	delivery by mail or common or contract carrier or a courier on or
42		-	before the fourth day before election day; and
43		-	(3) bear [bears] a cancellation mark of a common or
44		-	contract carrier or a courier indicating placement for delivery on
45		-	or before the fourth day before [a time not later than 7 p.m. at the
46		-	location of the election on] election day.
	34	+	[(2)] not later than 5 p.m. on the fourth day before
	35	+	[after] election day [, if the carrier envelope was placed for
	36	+	delivery by mail or common or contract carrier before election day
	37	+	and bears a cancellation mark of a common or contract carrier or a
	38	+	courier indicating a time not later than 7 p.m. at the location of
	39	+	the election on election day].
47	40		(d) A marked ballot voted by mail that arrives after the
48	41		time prescribed by Subsection (a) shall be counted if:
49	42		(1) the ballot was cast from an address outside the
50		-	United States;
51		-	(2) the carrier envelope was placed for delivery
52		-	before the time the polls are required to close on election day
53		-	[time the ballot is required to arrive under Subsection (a)(1)];
54		-	and
55		-	(3) the ballot arrives at the address on the carrier
	43	+	United States; and
	44	+	(2) [the carrier envelope was placed for delivery
	45	+	before the time the ballot is required to arrive under Subsection
	46	+	(a)(1); and]
	47	+	[(3)] the ballot arrives at the address on the carrier
56	48		envelope not later than the fifth day after the date of the
57	49		election.
58		-	(e) A delivery under Subsection (a) [(a)(2)] or (d) is
59		-	timely, except as otherwise provided by this title, if the carrier
60		-	envelope or, if applicable, the envelope containing the carrier
61		-	envelope:
62		-	(1) is properly addressed with postage or handling
63		-	charges prepaid; and
64		-	(2) bears a cancellation mark of a recognized postal
65		-	service or a receipt mark of a common or contract carrier or a
66		-	courier indicating a time before the deadline.
67		-	SECTION 4. Sections 87.0221 and 87.0222, Election Code, are
68		-	amended to read as follows:
69		-	Sec. 87.0221. TIME OF DELIVERY: [PAPER] BALLOTS VOTED BY
70		-	PERSONAL APPEARANCE. (a) The balloting [In an election in which
71		-	regular paper ballots are used for early voting by personal
72		-	appearance or by mail, the] materials for ballots voted by personal
73		-	appearance may be delivered to the board between the end of the
74		-	period for early voting by personal appearance and the closing of
75		-	the polls on election day, or as soon after closing as practicable,
76		-	at the time or times specified by the presiding judge of the board.
77		-	(b) The early voting clerk shall post notice of each
78		-	delivery of balloting materials under this section that is to be
79		-	made before the time for opening the polls on election day. The
80		-	notice shall be posted at the main early voting polling place and on
81		-	the Internet website of the entity conducting the election
82		-	continuously for at least 24 hours immediately preceding the
83		-	delivery. The notice must include the dates and times that the
84		-	early voting ballot board will convene to review or count ballots,
85		-	if that information is known at the time the early voting clerk
86		-	posts the notice.
87		-	(c) At least 24 hours before each delivery, the early voting
88		-	clerk shall notify the county chair of each political party having a
89		-	nominee on the ballot of the time the delivery is to be made. The
90		-	clerk must provide notice under this subsection in writing, by
91		-	e-mail, or by telephone.
92		-	Sec. 87.0222. TIME OF DELIVERY: BALLOTS VOTED BY MAIL. (a)
93		-	Except as provided by Subsections (b) and (c), [Notwithstanding
94		-	Section 87.024, in an election conducted by an authority of a county
95		-	with a population of 100,000 or more or conducted jointly with such
96		-	a county,] the jacket envelopes containing [the] early voting
97		-	ballots voted by mail may be delivered to the board between the end
98		-	of the 20th [ninth] day before the last day of the period for early
99		-	voting by personal appearance and the closing of the polls on
	50	+	SECTION 4. Section 87.022, Election Code, is amended to
	51	+	read as follows:
	52	+	Sec. 87.022. TIME OF DELIVERY: GENERAL RULE. Except as
	53	+	provided by Sections [Section] 87.0221 and [,] 87.0222, [87.023, or
	54	+	87.024,] the materials shall be delivered to the early voting
	55	+	ballot board under this subchapter during the time the polls are
	56	+	open on election day, or as soon after the polls close as
	57	+	practicable, at the time or times specified by the presiding judge
	58	+	of the board.
	59	+	SECTION 5. Section 87.0221(a), Election Code, is amended to
	60	+	read as follows:
	61	+	(a) In an election in which regular paper ballots are used
	62	+	for early voting by personal appearance [or by mail], the materials
	63	+	may be delivered to the board between the end of the period for
	64	+	early voting by personal appearance and the closing of the polls on
100	65		election day, or as soon after closing as practicable, at the time
101	66		or times specified by the presiding judge of the board.
102		-	(b) The jacket envelopes of early voting ballots voted by
103		-	mail that are hand delivered in accordance with Section 86.006(a-1)
104		-	and received by the early voting clerk at or before 3 p.m. on
105		-	election day shall be delivered to the presiding judge of the early
106		-	voting ballot board as soon as practicable on election day.
107		-	(c) The jacket envelopes of early voting ballots voted by
108		-	mail that are hand delivered in accordance with Section 86.006(a-1)
109		-	and received by the early voting clerk after 3 p.m. on election day
110		-	shall be delivered to the presiding judge of the early voting ballot
111		-	board at the time ballots received under Section 86.007(d) are
112		-	delivered to the presiding judge.
113		-	(d) The early voting clerk shall post notice of each
114		-	delivery of balloting materials under Subsection (a) [this section]
115		-	that is to be made before the time for opening the polls on election
116		-	day. The notice shall be posted at the main early voting polling
117		-	place and on the Internet website of the entity conducting the
118		-	election continuously for at least 24 hours immediately preceding
119		-	the delivery. The notice must include the dates and times that the
120		-	early voting ballot board will convene to review or count ballots,
121		-	if that information is known at the time the early voting clerk
122		-	posts the notice.
123		-	(e) [(c)] At least 24 hours before each delivery under
124		-	Subsection (a), the early voting clerk shall notify the county
125		-	chair of each political party having a nominee on the ballot of the
126		-	time the delivery is to be made. The clerk must provide notice
127		-	under this subsection in writing, by e-mail, or by telephone.
128		-	SECTION 5. Section 87.125, Election Code, is amended by
129		-	adding Subsection (a-2) to read as follows:
130		-	(a-2) The early voting ballot board shall count ballots that
131		-	are hand delivered as provided by Section 87.0222(c) at the time
132		-	that the ballot board convenes to count ballots under Section
133		-	86.007(d).
134		-	SECTION 6. Subchapter G, Chapter 87, Election Code, is
135		-	amended by adding Section 87.128 to read as follows:
136		-	Sec. 87.128. VOTING RESULTS ACCUMULATION. (a) An early
137		-	voting ballot board or officer of a central counting station may not
138		-	accumulate the results of early voting ballots until:
139		-	(1) 12 p.m. on election day, if the entity conducting
140		-	the election will count the ballots by hand;
141		-	(2) 3 p.m. on election day, if the entity conducting
142		-	the election:
143		-	(A) will not count the ballots by hand; and
144		-	(B) has a population of 150,000 or more; or
145		-	(3) 6 p.m. on election day, if the entity conducting
146		-	the election:
147		-	(A) will not count the ballots by hand; and
148		-	(B) has a population of less than 150,000.
149		-	(b) An early voting ballot board or officer of a central
150		-	counting station may not produce a printout or other tangible
151		-	record of the early voting ballot count or accumulation of results
152		-	until the closing of polls on election day.
153		-	(c) This section does not prevent an early voting ballot
154		-	board or officer of a central counting station from performing
155		-	preliminary procedures other than accumulating the results of early
156		-	voting ballots or generating a report of the early voting ballot
157		-	count or accumulation before the applicable times provided in this
158		-	section.
159		-	SECTION 7. Subchapter A, Chapter 127, Election Code, is
160		-	amended by adding Section 127.008 to read as follows:
161		-	Sec. 127.008. OPERATION OF CENTRAL COUNTING STATION. (a)
162		-	The central counting station may operate at any time ballots may be
163		-	processed or counted.
164		-	(b) Not later than 72 hours before the date that the central
165		-	counting station manager plans to begin processing or counting
166		-	early voting ballots, the central counting station manager shall
167		-	notify the presiding judge of the early voting ballot board of the
168		-	time and place that the judge may deliver early voting ballots.
169		-	(c) Not later than 72 hours before the initial date and time
170		-	that the central counting station begins operations in an
171		-	election, the central counting station manager shall post notice
172		-	of the dates and times that the central counting station will
173		-	operate in the election in the place used for posting notice of
174		-	meetings of the governing body of and on the Internet website of the
175		-	entity conducting the election. For each date and time listed in
176		-	the notice, the notice must identify whether the central counting
177		-	station will be counting early voting ballots voted by mail or early
178		-	voting ballots voted by personal appearance.
179		-	(d) In a general election for state and county officers, the
180		-	notice under Subsection (c) must be provided to each county chair of
181		-	a political party that has a nominee on the ballot.
182		-	(e) The secretary of state shall prescribe rules as
183		-	necessary to implement this section.
184		-	SECTION 8. The following sections of the Election Code are
	67	+	SECTION 6. Section 87.0222(a), Election Code, is amended to
	68	+	read as follows:
	69	+	(a) The [Notwithstanding Section 87.024, in an election
	70	+	conducted by an authority of a county with a population of 100,000
	71	+	or more or conducted jointly with such a county, the] jacket
	72	+	envelopes containing the early voting ballots voted by mail shall
	73	+	[may] be delivered to the board not earlier than the 20th day before
	74	+	election [between the end of the ninth] day and not later than 6
	75	+	p.m. on the fourth day before election day [before the last day of
	76	+	the period for early voting by personal appearance and the closing
	77	+	of the polls on election day, or as soon after closing as
	78	+	practicable, at the time or times specified by the presiding judge
	79	+	of the board].
	80	+	SECTION 7. Section 87.0241(b), Election Code, is amended to
	81	+	read as follows:
	82	+	(b) The board may not count early voting ballots until 3
	83	+	p.m. [:
	84	+	[(1) the polls open] on election day [; or
	85	+	[(2) in an election conducted by an authority of a
	86	+	county with a population of 100,000 or more or conducted jointly
	87	+	with such a county, the end of the period for early voting by
	88	+	personal appearance].
	89	+	SECTION 8. Section 87.103, Election Code, is amended by
	90	+	adding Subsection (c) to read as follows:
	91	+	(c) Early voting ballots may not be counted until 3 p.m. on
	92	+	election day.
	93	+	SECTION 9. Section 87.1231, Election Code, is amended to
	94	+	read as follows:
	95	+	Sec. 87.1231. COUNTING AND REPORTING EARLY VOTING VOTES
	96	+	[REPORTED BY PRECINCT]. (a) Not later than the time of the local
	97	+	canvass, the early voting clerk shall deliver to the local
	98	+	canvassing authority a report of the total number of early voting
	99	+	votes for each candidate or measure by election precinct. The
	100	+	report may reflect the total for votes by mail and the total for
	101	+	votes by personal appearance.
	102	+	(b) Notwithstanding any other law, early voting ballots
	103	+	voted by mail that are required to arrive at the address on the
	104	+	carrier envelope by the deadline under Section 86.007(a) must be
	105	+	counted not later than 7 p.m. on election day and released at 7 p.m.
	106	+	on election day.
	107	+	SECTION 10. The following sections of the Election Code are
185	108		repealed:
186		-	(1) Section 87.022;
187		-	(2) Section 87.023; and
188		-	(3) Section 87.024.
189		-	SECTION 9. This Act takes effect September 1, 2021.
	109	+	(1) Sections 86.007(e) and (f);
	110	+	(2) Section 87.023;
	111	+	(3) Section 87.024; and
	112	+	(4) Section 87.0241(c).
	113	+	SECTION 11. This Act takes effect September 1, 2021.