| 1 | 1 | | 88R11207 MPF-D |
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| 2 | 2 | | By: Creighton S.B. No. 2393 |
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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 time for delivery and acceptance by the early voting |
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| 8 | 8 | | ballot board of early voting ballots voted by mail. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 87.0222, Election Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 87.0222. TIME OF DELIVERY: BALLOTS VOTED BY MAIL. (a) |
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| 13 | 13 | | Except as provided by Subsection (a-1), not later than the seventh |
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| 14 | 14 | | day before election day [Notwithstanding Section 87.024, in an |
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| 15 | 15 | | election conducted by an authority of a county with a population of |
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| 16 | 16 | | 100,000 or more, or conducted jointly with such a county or |
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| 17 | 17 | | conducted with such a county through a contract for election |
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| 18 | 18 | | services], the jacket envelopes containing [the] early voting |
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| 19 | 19 | | ballots voted by mail shall [may] be delivered to the board [between |
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| 20 | 20 | | the end of the ninth day before the last day of the period for early |
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| 21 | 21 | | voting by personal appearance and the closing of the polls on |
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| 22 | 22 | | election day, or as soon after closing as practicable, at the time |
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| 23 | 23 | | or times specified by the presiding judge of the board]. |
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| 24 | 24 | | (a-1) Any jacket envelopes of early voting ballots voted by |
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| 25 | 25 | | mail returned after delivery of the ballots under Subsection (a) |
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| 26 | 26 | | may be delivered to the presiding judge of the early voting ballot |
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| 27 | 27 | | board between the end of the seventh day before election day and the |
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| 28 | 28 | | closing of the polls on election day, or as soon after closing as |
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| 29 | 29 | | practicable, at the time or times specified by the presiding judge. |
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| 30 | 30 | | (b) The early voting clerk shall post notice of each |
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| 31 | 31 | | delivery of balloting materials under this section that is to be |
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| 32 | 32 | | made before the time for opening the polls on election day. The |
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| 33 | 33 | | notice shall be posted at the main early voting polling place |
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| 34 | 34 | | continuously for at least 24 hours immediately preceding the |
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| 35 | 35 | | delivery. |
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| 36 | 36 | | (c) At least 24 hours before each delivery made before the |
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| 37 | 37 | | time for opening the polls on election day, the early voting clerk |
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| 38 | 38 | | shall notify the county chair of each political party having a |
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| 39 | 39 | | nominee on the ballot of the time the delivery is to be made. |
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| 40 | 40 | | SECTION 2. Sections 87.0241(a) and (c), Election Code, are |
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| 41 | 41 | | amended to read as follows: |
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| 42 | 42 | | (a) The early voting ballot board shall make its |
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| 43 | 43 | | determination [may determine] whether to accept early voting |
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| 44 | 44 | | ballots voted by mail in accordance with Section 87.041 [at any |
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| 45 | 45 | | time] after the ballots are delivered to the board. |
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| 46 | 46 | | (c) The secretary of state shall prescribe any procedures |
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| 47 | 47 | | necessary for implementing this section [in regard to elections |
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| 48 | 48 | | described by Subsection (b)(2)]. |
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| 49 | 49 | | SECTION 3. Section 87.0241(b), Election Code, is repealed. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2023. |
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