HB1091 - Relating to early voting and to related practices and procedures.

  89R25641 MLH-D     By: Paul, et al. H.B. No. 1091     Substitute the following for H.B. No. 1091:     By:  Shaheen C.S.H.B. No. 1091       A BILL TO BE ENTITLED   AN ACT   relating to early voting and to related practices and procedures.          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) and (g), Election Code, are   amended to read as follows:          (a)  Except as provided by Section 101.083  [ Subsection (d) ],   a marked ballot voted by mail must 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 after election   day, if the carrier envelope was placed for delivery by mail or   common or contract carrier before election day and bears a   cancellation mark of a common or contract carrier or a courier   indicating a time not later than 7 p.m. at the location of the   election on election day ].          (g)  The secretary of state shall prescribe procedures as   necessary to implement this section  [ Subsection (d) ].          SECTION 4.  Section 86.009(f), Election Code, is amended to   read as follows:          (f)  A ballot to be voted by mail under Chapter 101 corrected   under this section may be counted if it is timely returned as   required by Section 101.083 [ 101.057 ].          SECTION 5.  Section 87.0221, Election Code, is 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   delivery. The notice must include the dates and times that the   early voting ballot board will convene to review or count ballots,   if that information is known at the time the early voting clerk   posts the notice.          (c)  At least 24 hours before each delivery, 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. The   clerk must provide notice under this subsection in writing, by   e-mail, or by telephone.          SECTION 6.  Section 87.0222, Election Code, is amended by   amending Subsections (b) and (c) and adding Subsection (d) to read   as follows:          (b)   The jacket envelopes of early voting ballots voted by   mail that are hand delivered in accordance with Section 86.006(a-1)   shall be delivered to the presiding judge of the early voting ballot   board as soon as practicable on election day.             (c)   The early voting clerk shall post notice of each   delivery of balloting materials under Subsection (a) or (a-1) [ 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 delivery. The notice must include the dates and times   that the early voting ballot board will convene to review or count   ballots, if that information is known at the time the early voting   clerk posts the notice.           (d)  [ (c) ]  At least 24 hours before each delivery under   Subsection (a) or (a-1)  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. The clerk must provide notice   under this subsection in writing, by e-mail, or by telephone.          SECTION 7.  Section 87.125, Election Code, is amended to   read as follows:          Sec. 87.125.  COUNTING OF CERTAIN LATE BALLOTS VOTED BY   MAIL.  (a)  The early voting ballot board shall [ convene to ] count   ballots voted by mail under Chapter 101 that arrive after the time   the polls are required to close on election day and before the time   described by Section 101.083 as provided by this section.           (b)     The board shall convene to count votes described by   Subsection (a) [ described by Section 86.007(d) ] at the time set by   the presiding judge of the board :                 (1)   [ on the ninth day after the date of an election or   on an earlier day if the early voting clerk certifies that all   ballots mailed from outside the United States have been received.          [ (a-1)  Notwithstanding Subsection (a), ] for an election   held on the date of the general election for state and county   officers, [ the early voting ballot board shall convene to count   ballots voted by mail described by Sections 86.007(d) and (d-1) ]   not later than the 13th day after the date of the election ;                 (2)     for any other election, on the ninth day after the   date of the election; or                 (3)     if the early voting clerk certifies that all   ballots mailed from outside the United States have been received,   on an earlier day .           (c)  [ (b) ]  On counting the ballots under Subsection (a), the   early voting ballot board shall report the results to the local   canvassing authority for the election.           (d)  [ (c) ]  If the date prescribed by Subsection (b) [ (a) ] for   convening the early voting ballot board is a Saturday, Sunday, or   legal state or national holiday, the early voting ballot board   shall convene on the next regular business day.          SECTION 8.  Subchapter G, Chapter 87, Election Code, is   amended by adding Section 87.129 to read as follows:           Sec.   87.129.     VOTING RESULTS ACCUMULATION. (a) An early   voting ballot board or officer of a central counting station may not   accumulate the results of early voting ballots until:                 (1)     12 p.m. on election day, if the entity conducting   the election will count the ballots by hand;                 (2)     3 p.m. on election day, if the entity conducting   the election:                       (A)  will not count the ballots by hand; and                       (B)  has a population of 150,000 or more; or                 (3)     6 p.m. on election day, if the entity conducting   the election:                       (A)  will not count the ballots by hand; and                       (B)  has a population of less than 150,000.           (b)     An early voting ballot board or officer of a central   counting station may not produce a printout or other tangible   record of the early voting ballot count or accumulation of results   until the closing of polls on election day.           (c)     This section does not prevent an early voting ballot   board or officer of a central counting station from performing   preliminary procedures other than accumulating the results of early   voting ballots or generating a report of the early voting ballot   count or accumulation before the applicable times provided in this   section.          SECTION 9.  Chapter 101, Election Code, is amended by adding   Subchapter B-1 and a subchapter heading to read as follows:   SUBCHAPTER B-1. CONDUCT OF VOTING          SECTION 10.  Sections 101.056, 101.058, and 101.057,   Election Code, are transferred to Subchapter B-1, Chapter 101,   Election Code, as added by this Act, redesignated as Sections   101.081, 101.082, and 101.083, Election Code, and amended to read   as follows:          Sec.  101.081 [ 101.056 ].  METHOD OF PROVIDING BALLOT;   REQUIRED ADDRESS. (a)  The balloting materials provided under this   chapter [ subchapter ] shall be airmailed to the voter free of United   States postage, as provided by the federal Uniformed and Overseas   Citizens Absentee Voting Act (52 U.S.C. Sections 20301 through   20311), 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.  101.082   [ 101.058 ].  OFFICIAL CARRIER ENVELOPE.  The   officially prescribed carrier envelope for voting under this   chapter [ subchapter ] shall be prepared so that it can be mailed free   of United States postage, as provided by the federal Uniformed and   Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301   through 20311), and must contain the label prescribed by Section   101.081(a) [ 101.056(a) ] for the 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.          Sec.  101.083   [ 101.057 ].  RETURN OF VOTED BALLOT. (a)  A   ballot voted under [Text truncated for display. Full text available on Congress.gov.]