Bill Text: TX HB111 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the adoption of voting procedures necessary to implement the federal Military and Overseas Voter Empowerment Act.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Introduced - Dead) 2011-05-06 - Companion considered in lieu of in committee [HB111 Detail]
Download: Texas-2011-HB111-Introduced.html
82R763 DRH-D | ||
By: Taylor of Collin | H.B. No. 111 |
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relating to the adoption of voting procedures necessary to | ||
implement the federal Military and Overseas Voter Empowerment Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 101, Election Code, is amended to read as | ||
follows: | ||
CHAPTER 101. VOTING BY RESIDENT FEDERAL POSTCARD APPLICANT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 101.001. ELIGIBILITY. A person is eligible for early | ||
voting by mail as provided by this chapter if: | ||
(1) the person is qualified to vote in this state or, | ||
if not registered to vote in this state, would be qualified if | ||
registered; and | ||
(2) the person is: | ||
(A) a member of the armed forces of the United | ||
States, or the spouse or a dependent of a member; | ||
(B) a member of the merchant marine of the United | ||
States, or the spouse or a dependent of a member; or | ||
(C) domiciled in this state but temporarily | ||
living outside the territorial limits of the United States and the | ||
District of Columbia. | ||
Sec. 101.002. GENERAL CONDUCT OF VOTING. Voting under this | ||
chapter shall be conducted and the results shall be processed as | ||
provided by Subtitle A for early voting by mail, except as otherwise | ||
provided by this chapter. | ||
Sec. 101.003. DEFINITIONS. [ |
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(1) "Federal [ |
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an application for a ballot to be voted under this chapter submitted | ||
on the official federal form prescribed under the federal Uniformed | ||
and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff | ||
et seq.). | ||
(2) "FPCA registrant" means a person registered to | ||
vote under Section 101.055. | ||
Sec. 101.004. NOTING FPCA REGISTRATION ON POLL LIST. For | ||
each FPCA registrant accepted to vote, a notation shall be made | ||
beside the voter's name on the early voting poll list indicating | ||
that the voter is an FPCA registrant. | ||
Sec. 101.005. NOTING FPCA REGISTRATION AND E-MAIL ON EARLY | ||
VOTING ROSTER. The entry on the early voting roster pertaining to a | ||
voter under this chapter who is an FPCA registrant must include a | ||
notation indicating that the voter is an FPCA registrant. The early | ||
voting clerk shall note on the early voting by mail roster each | ||
e-mail of a ballot under Subchapter C. | ||
Sec. 101.006. EXCLUDING FPCA REGISTRANT FROM PRECINCT EARLY | ||
VOTING LIST. A person to whom a ballot is provided under this | ||
chapter is not required to be included on the precinct early voting | ||
list if the person is an FPCA registrant. | ||
Sec. 101.007. DESIGNATION OF SECRETARY OF STATE. The | ||
secretary of state is designated as the state office to provide | ||
information regarding voter registration procedures and absentee | ||
ballot procedures, including procedures related to the federal | ||
write-in absentee ballot, to be used by persons eligible to vote | ||
under the federal Uniformed and Overseas Citizens Absentee Voting | ||
Act (42 U.S.C. Section 1973ff et seq.). | ||
SUBCHAPTER B. SUBMISSION OF FEDERAL POSTCARD APPLICATION | ||
Sec. 101.051. FORM AND CONTENTS OF APPLICATION. An | ||
application for a ballot to be voted under this subchapter must: | ||
(1) be submitted on an official federal postcard | ||
application form; and | ||
(2) include the information necessary to indicate that | ||
the applicant is eligible to vote in the election for which the | ||
ballot is requested. | ||
Sec. 101.052 [ |
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federal postcard application must be submitted to the early voting | ||
clerk for the election who serves the election precinct of the | ||
applicant's residence. | ||
(a-1) A federal postcard application must be submitted by: | ||
(1) mail; or | ||
(2) electronic transmission of an image of the | ||
application under procedures prescribed by the secretary of state. | ||
(b) A federal postcard application may be submitted at any | ||
time during the calendar year in which the election for which a | ||
ballot is requested occurs, but not later than the deadline for | ||
submitting a regular application for a ballot to be voted by mail. | ||
(c) A federal postcard application requesting a ballot for | ||
an election to be held in January or February may be submitted in | ||
the preceding calendar year but not earlier than the earliest date | ||
for submitting a regular application for a ballot to be voted by | ||
mail. | ||
(d) A timely application that is addressed to the wrong | ||
early voting clerk shall be forwarded to the proper early voting | ||
clerk not later than the day after the date it is received by the | ||
wrong clerk. | ||
(e) An applicant who otherwise complies with applicable | ||
requirements is entitled to receive a full ballot to be voted by | ||
mail under this chapter if: | ||
(1) the applicant submits a federal postcard | ||
application to the early voting clerk on or before the 20th day | ||
before election day; and | ||
(2) the application contains the information that is | ||
required for registration under Title 2. | ||
(f) The applicant is entitled to receive only a federal | ||
ballot to be voted by mail under Chapter 114 if: | ||
(1) the applicant submits the federal postcard | ||
application to the early voting clerk after the date provided by | ||
Subsection (e)(1) and before the sixth day before election day; and | ||
(2) the application contains the information that is | ||
required for registration under Title 2. | ||
(g) An applicant who submits a federal postcard application | ||
to the early voting clerk on or after the sixth day before election | ||
day is not entitled to receive a ballot by mail for that election. | ||
(h) If the applicant submits the federal postcard | ||
application within the time prescribed by Subsection (f)(1) and is | ||
a registered voter at the address contained on the application, the | ||
applicant is entitled to receive a full ballot to be voted by mail | ||
under this chapter. | ||
(i) Except as provided by Subsections (l) and (m), for | ||
purposes of determining the date a federal postcard application is | ||
submitted to the early voting clerk, an application is considered | ||
to be submitted on the date it is placed and properly addressed in | ||
the United States mail. An application mailed from an Army/Air | ||
Force Post Office (APO) or Fleet Post Office (FPO) is considered | ||
placed in the United States mail. The date indicated by the post | ||
office cancellation mark, including a United States military post | ||
office cancellation mark, is considered to be the date the | ||
application was placed in the mail unless proven otherwise. For | ||
purposes of an application made under Subsection (e): | ||
(1) an application that does not contain a | ||
cancellation mark is considered to be timely if it is received by | ||
the early voting clerk on or before the 15th day before election | ||
day; and | ||
(2) if the 20th day before the date of an election is a | ||
Saturday, Sunday, or legal state or national holiday, an | ||
application is considered to be timely if it is submitted to the | ||
early voting clerk on or before the next regular business day. | ||
(j) If the early voting clerk determines that an application | ||
that is submitted before the time prescribed by Subsection (e)(1) | ||
does not contain the information that is required for registration | ||
under Title 2, the clerk shall notify the applicant of that fact. | ||
If the applicant has provided a telephone number or an address for | ||
receiving mail over the Internet, the clerk shall notify the | ||
applicant by that medium. | ||
(k) If the applicant submits the missing information before | ||
the time prescribed by Subsection (e)(1), the applicant is entitled | ||
to receive a full ballot to be voted by mail under this chapter. If | ||
the applicant submits the missing information after the time | ||
prescribed by Subsection (e)(1), the applicant is entitled to | ||
receive a full ballot to be voted by mail for the next election that | ||
occurs: | ||
(1) in the same calendar year; and | ||
(2) after the 30th day after the date the information | ||
is submitted. | ||
(l) For purposes of determining the end of the period that | ||
an application may be submitted under Subsection (f)(1), an | ||
application is considered to be submitted at the time it is received | ||
by the early voting clerk. | ||
(m) The secretary of state by rule shall establish the date | ||
on which a federal postcard application is considered to be | ||
electronically submitted to the early voting clerk. | ||
Sec. 101.053 [ |
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CERTAIN APPLICATIONS. The early voting clerk shall notify the | ||
voter registrar of a federal postcard application submitted by an | ||
applicant that states a voting residence address located outside | ||
the registrar's county. | ||
Sec. 101.054 [ |
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IN SAME APPLICATION. (a) A person may apply with a single federal | ||
postcard application for a ballot for any one or more elections in | ||
which the early voting clerk to whom the application is submitted | ||
conducts early voting. | ||
(b) An application that does not identify the election for | ||
which a ballot is requested shall be treated as if it requests a | ||
ballot for: | ||
(1) each general election in which the clerk conducts | ||
early voting; and | ||
(2) the general primary election if the application | ||
indicates party preference and is submitted to the early voting | ||
clerk for the primary. | ||
(c) An application shall be treated as if it requests a | ||
ballot for: | ||
(1) a runoff election that results from an election | ||
for which a ballot is requested; and | ||
(2) each election for a federal office, including a | ||
primary or runoff election, that occurs on or before the date of the | ||
second general election for state and county officers that occurs | ||
after the date the application is submitted. | ||
(d) An application requesting a ballot for more than one | ||
election shall be preserved for the period for preserving the | ||
precinct election records for the last election for which the | ||
application is effective. | ||
Sec. 101.055 [ |
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The submission of a federal postcard application that complies with | ||
the applicable requirements by an unregistered applicant | ||
constitutes registration by the applicant: | ||
(1) for the purpose of voting in the election for which | ||
a ballot is requested; and | ||
(2) under Title 2 unless the person indicates on the | ||
application that the person is residing outside the United States | ||
indefinitely. | ||
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Sec. 101.056 [ |
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REQUIRED ADDRESS. (a) The balloting materials provided under this | ||
subchapter [ |
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States postage, as provided by the federal Uniformed and Overseas | ||
Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), in | ||
an envelope labeled "Official Election Balloting Material - via | ||
Airmail." The secretary of state shall provide early voting clerks | ||
with instructions on compliance with this subsection. | ||
(b) The address to which the balloting materials are sent to | ||
a voter must be: | ||
(1) an address outside the county of the voter's | ||
residence; or | ||
(2) an address in the United States for forwarding or | ||
delivery to the voter at a location outside the United States. | ||
(c) If the address to which the balloting materials are to | ||
be sent is within the county served by the early voting clerk, the | ||
federal postcard application must indicate that the balloting | ||
materials will be forwarded or delivered to the voter at a location | ||
outside the United States. | ||
Sec. 101.057 [ |
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voted under this subchapter [ |
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voting clerk by mail, common or contract carrier, or courier. | ||
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Sec. 101.058 [ |
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officially prescribed carrier envelope for voting under this | ||
subchapter [ |
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of United States postage, as provided by the federal Uniformed and | ||
Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et | ||
seq.) [ |
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label prescribed by Section 101.056(a) [ |
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envelope in which the balloting materials are sent to a voter. The | ||
secretary of state shall provide early voting clerks with | ||
instructions on compliance with this section. | ||
SUBCHAPTER C. E-MAIL TRANSMISSION OF BALLOTING MATERIALS | ||
Sec. 101.101. PURPOSE. The purpose of this subchapter is to | ||
implement the federal Military and Overseas Voter Empowerment Act | ||
(Pub. L. No. 111-84, Div. A, Title V, Subt. H). | ||
Sec. 101.102. REQUEST FOR BALLOTING MATERIALS. (a) A | ||
person eligible to vote under this chapter may request from the | ||
appropriate early voting clerk e-mail transmission of balloting | ||
materials under this subchapter. | ||
(b) The early voting clerk shall grant a request made under | ||
this section for the e-mail transmission of balloting materials if: | ||
(1) the requestor has submitted a valid federal | ||
postcard application and: | ||
(A) if the requestor is a person described by | ||
Section 101.001(2)(B) or (C), has provided a current mailing | ||
address that is located outside the United States and is voting from | ||
outside the United States; or | ||
(B) if the requestor is a person described by | ||
Section 101.001(2)(A), has provided a current mailing address that | ||
is located outside the requestor's county of residence and is | ||
voting from outside that county; | ||
(2) the requestor provides an e-mail address: | ||
(A) that corresponds to the address on file with | ||
the requestor's federal postcard application; or | ||
(B) stated on a newly submitted federal postcard | ||
application; | ||
(3) the request is submitted on or before the seventh | ||
day before the date of the election; and | ||
(4) a marked ballot for the election from the | ||
requestor has not been received by the early voting clerk. | ||
Sec. 101.103. CONFIDENTIALITY OF E-MAIL ADDRESS. An e-mail | ||
address used under this subchapter to request balloting materials | ||
is confidential and does not constitute public information for | ||
purposes of Chapter 552, Government Code. An early voting clerk | ||
shall ensure that a voter's e-mail address provided under this | ||
subchapter is excluded from public disclosure. | ||
Sec. 101.104. ELECTIONS COVERED. The e-mail transmission | ||
of balloting materials under this subchapter is limited to: | ||
(1) an election in which an office of the federal | ||
government appears on the ballot, including a primary election; | ||
(2) an election held statewide; or | ||
(3) an election held jointly with an election | ||
described by Subdivision (1) or (2). | ||
Sec. 101.105. BALLOTING MATERIALS TO BE SENT BY E-MAIL. | ||
Balloting materials to be sent by e-mail under this subchapter | ||
include: | ||
(1) the appropriate ballot; | ||
(2) ballot instructions, including instructions that | ||
inform a voter that the ballot must be returned by mail to be | ||
counted; | ||
(3) instructions prescribed by the secretary of state | ||
on: | ||
(A) how to print a return envelope from the | ||
federal Voting Assistance Program website; and | ||
(B) how to create a carrier envelope for the | ||
ballot; and | ||
(4) a list of certified write-in candidates, if | ||
applicable. | ||
Sec. 101.106. METHODS OF TRANSMISSION TO VOTER. (a) The | ||
balloting materials may be provided by e-mail to the voter in PDF | ||
format, through a scanned format, or by any other method of | ||
electronic transmission authorized by the secretary of state in | ||
writing. | ||
(b) The secretary of state shall prescribe procedures for | ||
the retransmission of balloting materials following an | ||
unsuccessful transmission of the materials to a voter. | ||
Sec. 101.107. RETURN OF BALLOT. (a) A voter who receives a | ||
ballot under this subchapter must return the ballot in the same | ||
manner as required under Section 101.057 and, except as provided by | ||
Chapter 105, may not return the ballot by electronic transmission. | ||
(b) A ballot that is not returned as required by this | ||
section is considered a ballot not timely returned and is not sent | ||
to the early voting ballot board for processing. | ||
(c) The deadline for the return of a ballot under this | ||
section is the same deadline as provided in Section 86.007. | ||
Sec. 101.108. TRACKING OF BALLOTING MATERIALS. The | ||
secretary of state by rule shall create a tracking system under | ||
which an FPCA registrant may determine whether a voted ballot has | ||
been received by the early voting clerk. Each county or political | ||
subdivision that sends ballots to FPCA registrants shall provide | ||
information required by the secretary of state to implement the | ||
system. | ||
Sec. 101.109. RULES. The secretary of state may adopt rules | ||
as necessary to implement this subchapter. | ||
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SECTION 2. Section 86.011(b), Election Code, is amended to | ||
read as follows: | ||
(b) If the return is timely, the clerk shall enclose the | ||
carrier envelope and the voter's early voting ballot application in | ||
a jacket envelope. The clerk shall also include in the jacket | ||
envelope: | ||
(1) a copy of the voter's federal postcard application | ||
if the ballot is voted under Chapter 101; and | ||
(2) the signature cover sheet, if the ballot is voted | ||
under Chapter 105. | ||
SECTION 3. Subchapter B, Chapter 87, Election Code, is | ||
amended by adding Section 87.0223 to read as follows: | ||
Sec. 87.0223. TIME OF DELIVERY: BALLOTS SENT OUT BY REGULAR | ||
MAIL AND E-MAIL. (a) If the early voting clerk has provided a voter | ||
a ballot to be voted by mail by both regular mail and e-mail under | ||
Subchapter C, Chapter 101, the clerk may not deliver a jacket | ||
envelope containing the early voting ballot voted by mail by the | ||
voter to the board until: | ||
(1) both ballots are returned; or | ||
(2) the deadline for returning marked ballots under | ||
Section 86.007 has passed. | ||
(b) If both the ballot provided by regular mail and the | ||
ballot provided by e-mail are returned before the deadline, the | ||
early voting clerk shall deliver only the jacket envelope | ||
containing the ballot provided by e-mail to the board. The ballot | ||
provided by regular mail is considered to be a ballot not timely | ||
returned. | ||
SECTION 4. Section 87.041, Election Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) In making the determination under Subsection (b)(2) for | ||
a ballot cast under Chapter 101 or 105, the board shall compare the | ||
signature on the carrier envelope or signature cover sheet with the | ||
signature of the voter on the federal postcard application. If the | ||
board determines that the signatures could have been made by the | ||
same person, the ballot shall be accepted. | ||
SECTION 5. Section 87.043, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (d) to read as | ||
follows: | ||
(a) The early voting ballot board shall place the carrier | ||
envelopes containing rejected ballots in an envelope and shall seal | ||
the envelope. More than one envelope may be used if necessary. The | ||
board shall keep a record of the number of rejected ballots in each | ||
envelope. | ||
(d) A notation must be made on the carrier envelope of any | ||
ballot that was rejected after the carrier envelope was opened and | ||
include the reason the envelope was opened and the ballot was | ||
rejected. | ||
SECTION 6. Section 87.0431, Election Code, is amended to | ||
read as follows: | ||
Sec. 87.0431. NOTICE OF REJECTED BALLOT. Not later than the | ||
10th day after election day, the presiding judge of the early voting | ||
ballot board shall deliver written notice of the reason for the | ||
rejection of a ballot to the voter at the residence address on the | ||
ballot application. If the ballot was transmitted to the voter by | ||
e-mail under Subchapter C, Chapter 101, the presiding judge shall | ||
also provide the notice to the e-mail address to which the ballot | ||
was sent. | ||
SECTION 7. Section 87.044(a), Election Code, is amended to | ||
read as follows: | ||
(a) The early voting ballot board shall place each | ||
application for a ballot voted by mail in its corresponding jacket | ||
envelope. For a ballot voted under Chapter 101 or 105, the board | ||
shall also place the copy of the voter's federal postcard | ||
application or signature cover sheet in the same location as the | ||
carrier envelope. If the voter's ballot was accepted, the board | ||
shall also place the carrier envelope in the jacket envelope. | ||
However, if the jacket envelope is to be used in a subsequent | ||
election, the carrier envelope shall be retained elsewhere. | ||
SECTION 8. This Act takes effect September 1, 2011. |