88R11207 MPF-D
By: Creighton S.B. No. 2393
A BILL TO BE ENTITLED
AN ACT
relating to the time for delivery and acceptance by the early voting
ballot board of early voting ballots voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 87.0222, Election Code, is amended to
read as follows:
Sec. 87.0222. TIME OF DELIVERY: BALLOTS VOTED BY MAIL. (a)
Except as provided by Subsection (a-1), not later than the seventh
day before election day [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 or
conducted with such a county through a contract for election
services], the jacket envelopes containing [the] early voting
ballots voted by mail shall [may] be delivered to the board [between
the end of the ninth 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].
(a-1) Any jacket envelopes of early voting ballots voted by
mail returned after delivery of the ballots under Subsection (a)
may be delivered to the presiding judge of the early voting ballot
board between the end of the seventh day before election day 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.
(b) The early voting clerk shall post notice of each
delivery of balloting materials under this section that is to be
made before the time for opening the polls on election day. The
notice shall be posted at the main early voting polling place
continuously for at least 24 hours immediately preceding the
delivery.
(c) At least 24 hours before each delivery made before the
time for opening the polls on election day, the early voting clerk
shall notify the county chair of each political party having a
nominee on the ballot of the time the delivery is to be made.
SECTION 2. Sections 87.0241(a) and (c), Election Code, are
amended to read as follows:
(a) The early voting ballot board shall make its
determination [may determine] whether to accept early voting
ballots voted by mail in accordance with Section 87.041 [at any
time] after the ballots are delivered to the board.
(c) The secretary of state shall prescribe any procedures
necessary for implementing this section [in regard to elections
described by Subsection (b)(2)].
SECTION 3. Section 87.0241(b), Election Code, is repealed.
SECTION 4. This Act takes effect September 1, 2023.