88R3581 MLH-D
 
  By: Paul H.B. No. 1180
 
 
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), (d), and (e), Election Code,
are amended to read as follows:
       (a)  Except as provided by Section 86.006(a-1) and
Subsection (d), a carrier envelope containing a marked ballot voted
by mail must:
             (1)  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 day before [after]
election day;
             (2)  be [, if the carrier envelope was] placed for
delivery by mail or common or contract carrier or a courier on or
before the fourth day before election day; and
             (3)  bear [bears] a cancellation mark of a common or
contract carrier or a courier indicating placement for delivery on
or before the fourth day before [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;
             (2)  the carrier envelope was placed for delivery
before the time the polls are required to close on election day
[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.
       (e)  A delivery under Subsection (a) [(a)(2)] or (d) is
timely, except as otherwise provided by this title, if the carrier
envelope or, if applicable, the envelope containing the carrier
envelope:
             (1)  is properly addressed with postage or handling
charges prepaid; and
             (2)  bears a cancellation mark of a recognized postal
service or a receipt mark of a common or contract carrier or a
courier indicating a time before the deadline.
       SECTION 4.  Sections 87.0221 and 87.0222, Election Code, are
amended to read as follows:
       Sec. 87.0221.  TIME OF DELIVERY: [PAPER] BALLOTS VOTED BY
PERSONAL APPEARANCE. (a)  The balloting [In an election in which
regular paper ballots are used for early voting by personal
appearance or by mail, the] materials for ballots voted by personal
appearance 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.
       (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 and on
the Internet website of the entity conducting the election
continuously for at least 24 hours immediately preceding the

Statutes affected:
Introduced: Election Code 84.007, Election Code 86.007, Election Code 87.0221, Election Code 87.125 (Election Code 87, Election Code 84, Election Code 86)