S.B. No. 100
 
 
 
 
AN ACT
  relating to the adoption of certain voting procedures and to
  certain elections, including procedures necessary to implement the
  federal Military and Overseas Voter Empowerment Act, deadlines for
  declaration of candidacy and dates for certain elections, and to
  terms of certain elected officials.
         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.  [FORM AND CONTENTS OF
  APPLICATION. (a)     An application for a ballot to be voted under
  this chapter 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.
         [(b)]  In this chapter:
               (1)  "Federal[, "federal] postcard application" means
  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. (a)  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.).
         (b)  The secretary of state is designated as the state
  coordinator between military and overseas voters and county
  election officials. A county election official shall:
               (1)  cooperate with the secretary of state to ensure
  that military and overseas voters timely receive accurate balloting
  materials that a voter is able to cast in time for the election; and
               (2)  otherwise comply with the federal Military and
  Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V,
  Subt. H).
         (c)  The secretary of state may adopt rules as necessary to
  implement this section.
         Sec. 101.008.  STATUS OF APPLICATION OR BALLOT VOTED. The
  secretary of state, in coordination with local election officials,
  shall implement an electronic free-access system by which a person
  eligible for early voting by mail under this chapter or Chapter 114
  may determine by telephone, by e-mail, or over the Internet
  whether:
               (1)  the person's federal postcard application or other
  registration or ballot application has been received and accepted;
  and
               (2)  the person's ballot has been received and the
  current status of the ballot.
  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 [101.004].  SUBMITTING APPLICATION. (a)  A
  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 [101.0041].  ACTION BY EARLY VOTING CLERK ON
  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 [101.005].  APPLYING FOR MORE THAN ONE ELECTION
  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 [101.006].  FPCA VOTER REGISTRATION. (a)  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.
         (b)  For purposes of registering to vote under this chapter,
  a person shall provide the address of the last place of residence of
  the person in this state or the last place of residence in this
  state of the person's parent or legal guardian.
         (c)  The registrar shall register the person at the address
  provided under Subsection (b) unless that address no longer is
  recognized as a residential address, in which event the registrar
  shall assign the person to an address under procedures prescribed
  by the secretary of state [In this chapter, "FPCA registrant" means
  a person registered to vote under this section].
         Sec. 101.056 [101.007].  METHOD OF PROVIDING BALLOT;
  REQUIRED ADDRESS. (a)  The balloting materials provided under this
  subchapter [chapter] shall be airmailed to the voter free of United
  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 [101.008].  RETURN OF VOTED BALLOT. A ballot
  voted under this subchapter [chapter] may be returned to the early
  voting clerk by mail, common or contract carrier, or courier.
         [Sec.   101.009.     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.   101.010.     NOTING FPCA REGISTRATION 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.
         [Sec.   101.011.     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. 101.058 [101.012].  OFFICIAL CARRIER ENVELOPE. The
  officially prescribed carrier envelope for voting under this
  subchapter [chapter] 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 (42 U.S.C. Section 1973ff et
  seq.) [Federal Voting Assistance Act of 1955], and must contain the
  label prescribed by Section 101.056(a) [101.007(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.
  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)(C), has provided a current mailing address that
  is located outside the United States; or
                     (B)  if the requestor is a person described by
  Section 101.001(2)(A) or (B), has provided a current mailing
  address that is located outside the requestor's county of
  residence;
               (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 to fill a vacancy in the legislature
  unless:
                     (A)  the election is ordered as an emergency
  election under Section 41.0011; or
                     (B)  the election is held as an expedited election
  under Section 203.013; 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 or signature
  sheet 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 described by
  Section 101.001(2)(A) or (B) must be voting from outside the
  voter's county of residence.  A voter described by Section
  101.001(2)(C) must be voting from outside the United States.
         (b)  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.
         (c)  A ballot that is not returned as required by Subsection
  (b) is considered a ballot not timely returned and is not sent to
  the early voting ballot board for processing.
         (d)  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 that sends
  ballots to FPCA registrants shall provide information required by
  the secretary of state to implement the system.
         Sec. 101.109.  RULES. (a)  The secretary of state may adopt
  rules as necessary to implement this subchapter.
         (b)  The secretary of state may provide for an alternate
  secure method of electronic ballot transmission under this
  subchapter instead of transmission by e-mail
         [Sec.   101.013.     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.), as amended].
         SECTION 2.  Section 2.025, Election Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  Except as provided by Subsection (d) or as otherwise
  provided by this code, a runoff election shall be held not earlier
  than the 20th or later than the 45th day after the date the final
  canvass of the main election is completed.
         (d)  A runoff election for a special election to fill a
  vacancy in Congress or a special election to fill a vacancy in the
  legislature to which Section 101.104 applies shall be held not
  earlier than the 70th day or later than the 77th day after the date
  the final canvass of the main election is completed.
         SECTION 3.  Subsection (c), Section 3.005, Election Code, is
  amended to read as follows:
         (c)  For an election to be held on:
               (1)  the date of the general election for state and
  county officers, the election shall be ordered not later than the
  78th [70th] day before election day; and
               (2)  a uniform election date other than the date of the
  general election for state and county officers, the election shall
  be ordered not later than the 71st day before election day.
         SECTION 4.  Section 41.001, Election Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  Except as otherwise provided by this subchapter, each
  general or special election in this state shall be held on one of
  the following dates:
               (1)  the second Saturday in May in an odd-numbered
  year;
               (2)  the second Saturday in May in an even-numbered
  year, for an election held by a political subdivision other than a
  county; or
               (3) [(2)]  the first Tuesday after the first Monday in
  November.
         (d)  Notwithstanding Section 31.093, a county elections
  administrator is not required to enter into a contract to furnish
  election services for an election held on the date described by
  Subsection (a)(2).
         SECTION 5.  Section 41.0052, Election Code, is amended to
  read as follows:
         Sec. 41.0052.  CHANGING GENERAL ELECTION DATE. (a)  [The
  governing body of a political subdivision other than a county may,
  not later than December 31, 2005, change the date on which it holds
  its general election for officers to another authorized uniform
  election date.
         [(a-1)]  The governing body of a political subdivision,
  other than a county, that holds its general election for officers on
  a date other than the November uniform election date may, not later
  than December 31, 2012 [2010], change the date on which it holds its
  general election for officers to the November uniform election
  date.
         (b)  A governing body changing an election date under this
  section shall adjust the terms of office to conform to the new
  election date.
         (c)  A home-rule city may implement the change authorized by
  Subsection (a) or provide for the election of all members of the
  governing body at the same election through the adoption of a
  resolution. The change contained in the resolution supersedes a
  city charter provision that requires a different general election
  date or that requires the terms of members of the governing body to
  be staggered.
         (d)  The holdover of a member of a governing body of a city in
  accordance with Section 17, Article XVI, Texas Constitution, so
  that a term of office may be conformed to a new election date chosen
  under this section does not constitute a vacancy for purposes of
  Section 11(b), Article XI, Texas Constitution.
         SECTION 6.  Subsection (b), Section 41.007, Election Code,
  is amended to read as follows:
         (b)  The runoff primary election date is the fourth Tuesday
  in May [second Tuesday in April] following the general primary
  election.
         SECTION 7.  Section 65.051, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  Section 1.006 does not apply to this section.
         SECTION 8.  Subsection (b), Section 86.004, Election Code,
  is amended to read as follows:
         (b)  For an election to which Section 101.104 applies [the
  general election for state and county officers], the balloting
  materials for a voter who indicates on the application for a ballot
  to be voted by mail or the federal postcard application that the
  voter is eligible to vote early by mail as a consequence of the
  voter's being outside the United States shall be mailed on or before
  the later of the 45th day before election day or the seventh
  calendar day after the date the clerk receives the application.
  However, if it is not possible to mail the ballots by the deadline
  of the 45th day before election day, the clerk shall notify the
  secretary of state within 24 hours of knowing that the deadline will
  not be met. The secretary of state shall monitor the situation and
  advise the clerk, who shall mail the ballots as soon as possible in
  accordance with the secretary of state's guidelines.
         SECTION 9.  Subsection (b), Section 86.011, 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 10.  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 11.  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.
         SECTION 12.  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 13.  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 14.  Subsection (a), Section 87.044, 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 15.  Section 105.003, Election Code, is amended to
  read as follows:
         Sec. 105.003.  USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR
  ELECTIONS FOR FEDERAL OFFICE. The secretary of state shall
  prescribe procedures to allow a voter who qualifies to vote by a
  federal write-in absentee ballot to vote through use of a federal
  write-in absentee ballot in:
               (1)  any general, special, primary, or runoff election
  for federal office; or
               (2)  an election for any office for which balloting
  materials may be sent under Section 101.104.
         SECTION 16.  Subsection (b), Section 142.010, Election Code,
  is amended to read as follows:
         (b)  Not later than the 68th [55th] day before general
  election day, the certifying authority shall deliver the
  certification to the authority responsible for having the official
  ballot prepared in each county in which the candidate's name is to
  appear on the ballot.
         SECTION 17.  Subsection (c), Section 143.007, Election Code,
  is amended to read as follows:
         (c)  For an election to be held on:
               (1)  the date of the general election for state and
  county officers, the day of the filing deadline is the 78th [70th]
  day before election day; and
               (2)  a uniform election date other than the date of the
  general election for state and county officers, the day of the
  filing deadline is the 71st day before election day.
         SECTION 18.  Subsection (d), Section 144.005, Election Code,
  is amended to read as follows:
         (d)  For an election to be held on:
               (1)  the date of the general election for state and
  county officers, the day of the filing deadline is the 78th [70th]
  day before election day; and
               (2)  a uniform election date other than the date of the
  general election for state and county officers, the day of the
  filing deadline is the 71st day before election day.
         SECTION 19.  Subsection (b), Section 144.006, Election Code,
  is amended to read as follows:
         (b)  For an election to be held on:
               (1)  the date of the general election for state and
  county officers, the day of the filing deadline is the 78th [67th]
  day before election day; and
               (2)  a uniform election date other than the date of the
  general election for state and county officers, the day of the
  filing deadline is the 71st day before election day.
         SECTION 20.  Subsection (e), Section 145.037, Election Code,
  is amended to read as follows:
         (e)  The certification must be delivered not later than 5
  p.m. of the 71st [70th] day before election day.
         SECTION 21.  Subsection (b), Section 145.038, Election Code,
  is amended to read as follows:
         (b)  The state chair must deliver the certification of the
  replacement nominee not later than 5 p.m. of the 69th [67th] day
  before election day.
         SECTION 22.  Subsection (f), Section 145.092, Election Code,
  is amended to read as follows:
         (f)  A candidate in an election for which the filing deadline
  for an application for a place on the ballot is not later than 5 p.m.
  of the 78th [70th] day before election day may not withdraw from the
  election after 5 p.m. of the 71st [67th] day before election day.
         SECTION 23.  Subsection (a), Section 145.094, Election Code,
  is amended to read as follows:
         (a)  The name of a candidate shall be omitted from the ballot
  if the candidate:
               (1)  dies before the second day before the date of the
  deadline for filing the candidate's application for a place on the
  ballot;
               (2)  withdraws or is declared ineligible before 5 p.m.
  of the second day before the beginning of early voting by personal
  appearance, in an election subject to Section 145.092(a);
               (3)  withdraws or is declared ineligible before 5 p.m.
  of the 53rd day before election day, in an election subject to
  Section 145.092(b); or
               (4)  withdraws or is declared ineligible before 5 p.m.
  of the 71st [67th] day before election day, in an election subject
  to Section 145.092(f).
         SECTION 24.  Subsection (a), Section 145.096, Election Code,
  is amended to read as follows:
         (a)  Except as provided by Subsection (b), a candidate's name
  shall be placed on the ballot if the candidate:
               (1)  dies on or after the second day before the deadline
  for filing the candidate's application for a place on the ballot;
               (2)  is declared ineligible after 5 p.m. of the second
  day before the beginning of early voting by personal appearance, in
  an election subject to Section 145.092(a);
               (3)  is declared ineligible after 5 p.m. of the 53rd day
  before election day, in an election subject to Section 145.092(b);
  or
               (4)  is declared ineligible after 5 p.m. of the 71st
  [67th] day before election day, in an election subject to Section
  145.092(f).
         SECTION 25.  Subsections (a) and (b), Section 146.025,
  Election Code, are amended to read as follows:
         (a)  A declaration of write-in candidacy must be filed not
  later than 5 p.m. of the 78th [70th] day before general election
  day, except as otherwise provided by this code.  A declaration may
  not be filed earlier than the 30th day before the date of the
  regular filing deadline.
         (b)  If a candidate whose name is to appear on the general
  election ballot dies or is declared ineligible after the third day
  before the date of the filing deadline prescribed by Subsection
  (a), a declaration of write-in candidacy for the office sought by
  the deceased or ineligible candidate may be filed not later than 5
  p.m. of the 75th [67th] day before election day.
         SECTION 26.  Subsection (c), Section 146.029, Election Code,
  is amended to read as follows:
         (c)  Not later than the 68th [62nd] day before election day,
  the certifying authority shall deliver the certification to the
  authority responsible for having the official ballot prepared in
  each county in which the office sought by the candidate is to be
  voted on.
         SECTION 27.  Subsection (b), Section 146.054, Election Code,
  is amended to read as follows:
         (b)  For an election to be held on:
               (1)  the date of the general election for state and
  county officers, the day of the filing deadline is the 74th [67th]
  day before election day; and
               (2)  a uniform election date other than the date of the
  general election for state and county officers, the day of the
  filing deadline is the 71st day before election day.
         SECTION 28.  Subsection (b), Section 161.008, Election Code,
  is amended to read as follows:
         (b)  Not later than the 68th [62nd] day before general
  election day, the secretary of state shall deliver the
  certification to the authority responsible for having the official
  general election ballot prepared in each county in which the
  candidate's name is to appear on the ballot.
         SECTION 29.  Subsection (a), Section 172.023, Election Code,
  is amended to read as follows:
         (a)  An application for a place on the general primary
  election ballot must be filed not later than 6 p.m. on the second
  Monday in December of an odd-numbered year [January 2 in the primary
  election year] unless the filing deadline is extended under
  Subchapter C.
         SECTION 30.  Subsection (d), Section 171.0231, Election
  Code, is amended to read as follows:
         (d)  A declaration of write-in candidacy must be filed not
  later than 6 [5] p.m. of the fifth [62nd] day after the date of the
  filing deadline for the [before] general primary election [day.
  However, if a candidate whose name is to appear on the ballot for
  the office of county chair or precinct chair dies or is declared
  ineligible after the third day before the date of the regular filing
  deadline prescribed by this subsection, a declaration of write-in
  candidacy for the office sought by the deceased or ineligible
  candidate may be filed not later than 5 p.m. of the 59th day before
  election day].
         SECTION 31.  Subsection (b), Section 172.028, Election Code,
  is amended to read as follows:
         (b)  Not later than the 81st [57th] day before general
  primary election day, the state chair shall deliver the
  certification to the county chair in each county in which the
  candidate's name is to appear on the ballot.
         SECTION 32.  Subsection (a), Section 172.052, Election Code,
  is amended to read as follows:
         (a)  A candidate for nomination may not withdraw from the
  general primary election after the 79th [62nd] day before general
  primary election day.
         SECTION 33.  Subsections (a) and (b), Section 172.054,
  Election Code, are amended to read as follows:
         (a)  The deadline for filing an application for a place on
  the general primary election ballot is extended as provided by this
  section if a candidate who has made an application that complies
  with the applicable requirements:
               (1)  dies on or after the fifth day before the date of
  the regular filing deadline and on or before the 79th [62nd] day
  before general primary election day;
               (2)  holds the office for which the application was
  made and withdraws or is declared ineligible on or after the date of
  the regular filing deadline and on or before the 79th [62nd] day
  before general primary election day; or
               (3)  withdraws or is declared ineligible during the
  period prescribed by Subdivision (2), and at the time of the
  withdrawal or declaration of ineligibility no other candidate has
  made an application that complies with the applicable requirements
  for the office sought by the withdrawn or ineligible candidate.
         (b)  An application for an office sought by a withdrawn,
  deceased, or ineligible candidate must be filed not later than 6
  p.m. of the 81st [60th] day before general primary election day. An
  application filed by mail with the state chair is not timely if
  received later than 5 p.m. of the 81st [60th] day before general
  primary election day.
         SECTION 34.  Section 172.057, Election Code, is amended to
  read as follows:
         Sec. 172.057.  WITHDRAWN, DECEASED, OR INELIGIBLE
  CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A
  candidate's name shall be omitted from the general primary election
  ballot if the candidate withdraws, dies, or is declared ineligible
  on or before the 79th [62nd] day before general primary election
  day.
         SECTION 35.  Subsection (a), Section 172.058, Election Code,
  is amended to read as follows:
         (a)  If a candidate who has made an application for a place on
  the general primary election ballot that complies with the
  applicable requirements dies or is declared ineligible after the
  79th [62nd] day before general primary election day, the
  candidate's name shall be placed on the ballot and the votes cast
  for the candidate shall be counted and entered on the official
  election returns in the same manner as for the other candidates.
         SECTION 36.  Subsection (a), Section 172.059, Election Code,
  is amended to read as follows:
         (a)  A candidate for nomination may not withdraw from the
  runoff primary election after 5 p.m. of the 8th [10th] day after
  general primary election day.
         SECTION 37.  Subsection (c), Section 172.082, Election Code,
  is amended to read as follows:
         (c)  The drawing shall be conducted at the county seat not
  later than the third Tuesday in December of an odd-numbered year
  [53rd day before general primary election day].
         SECTION 38.  Subsection (b), Section 192.033, Election Code,
  is amended to read as follows:
         (b)  The secretary of state shall deliver the certification
  to the authority responsible for having the official ballot
  prepared in each county before the later of the 68th [62nd] day
  before presidential election day or the second business day after
  the date of final adjournment of the party's national presidential
  nominating convention.
         SECTION 39.  Subsection (b), Section 201.051, Election Code,
  is amended to read as follows:
         (b)  For a vacancy to be filled by a special election to be
  held on the date of the general election for state and county
  officers, the election shall be ordered not later than the 78th
  [70th] day before election day.
         SECTION 40.  Subsection (f), Section 201.054, Election Code,
  is amended to read as follows:
         (f)  For a special election to be held on the date of the
  general election for state and county officers, the day of the
  filing deadline is the 75th [67th] day before election day.
         SECTION 41.  Section 501.109, Election Code, is amended to
  read as follows:
         Sec. 501.109.  ELECTION IN [CERTAIN] MUNICIPALITIES.
  (a)  This section applies only to an election to permit or prohibit
  the legal sale of alcoholic beverages of one or more of the various
  types and alcoholic contents in a municipality [that is located in
  more than one county].
         (b)  An election to which this section applies shall be
  conducted by the municipality instead of a county [the counties].  
  For the purposes of an election conducted under this section, a
  reference in this chapter to:
               (1)  the county is considered to refer to the
  municipality;
               (2)  the commissioners court is considered to refer to
  the governing body of the municipality;
               (3)  the county clerk or voter registrar is considered
  to refer to the secretary of the municipality or, if the
  municipality does not have a secretary, to the person performing
  the functions of a secretary of the municipality; and
               (4)  the county judge is considered to refer to the
  mayor of the municipality or, if the municipality does not have a
  mayor, to the presiding officer of the governing body of the
  municipality.
         (c)  The municipality shall pay the expense of the election.
         (d)  An action to contest the election under Section 501.155
  may be brought in the district court of any county in which the
  municipality is located.
         SECTION 42.  Subsections (a) and (c), Section 11.055,
  Education Code, are amended to read as follows:
         (a)  Except as provided by Subsection (c), an application of
  a candidate for a place on the ballot must be filed not later than 5
  p.m. of the 71st [62nd] day before the date of the election. An
  application may not be filed earlier than the 30th day before the
  date of the filing deadline.
         (c)  For an election to be held on the date of the general
  election for state and county officers, the day of the filing
  deadline is the 78th [70th] day before election day.
         SECTION 43.  Subsection (b), Section 11.056, Education Code,
  is amended to read as follows:
         (b)  A [Except as provided by Subsection (e), a] declaration
  of write-in candidacy must be filed not later than the deadline
  prescribed by Section 146.054, Election Code, for a write-in
  candidate in a city election [5 p.m. of the fifth day after the date
  an application for a place on the ballot is required to be filed].
         SECTION 44.  Subsection (e), Section 11.059, Education Code,
  is amended to read as follows:
         (e)  Not later than December 31, 2011 [2007], the board of
  trustees may adopt a resolution changing the length of the terms of
  its trustees.  The resolution must provide for staggered terms [a
  term] of either three or four years and specify the manner in which
  the transition from the length of the former term to the modified
  term is made.  The transition must begin with the first regular
  election for trustees that occurs after January 1, 2012 [2008], and
  a trustee who serves on that date shall serve the remainder of that
  term.  This subsection expires January 1, 2017 [2013].
         SECTION 45.  Subsection (b), Section 130.0825, Education
  Code, is amended to read as follows:
         (b)  A [Except as provided by Subsection (e), a] declaration
  of write-in candidacy must be filed not later than the deadline
  prescribed by Section 146.054, Election Code, for a write-in
  candidate in a city election [5 p.m. of the fifth day after the date
  an application for a place on the ballot is required to be filed].
         SECTION 46.  Subsection (d), Section 285.131, Health and
  Safety Code, is amended to read as follows:
         (d)  A [Except as provided by Subsection (g), a] declaration
  of write-in candidacy must be filed not later than the deadline
  prescribed by Section 146.054, Election Code, for a write-in
  candidate in a city election [5 p.m. of the fifth day after the date
  an application for a place on the ballot is required to be filed].
         SECTION 47.  Subchapter A, Chapter 21, Local Government
  Code, is amended by adding Section 21.004 to read as follows:
         Sec. 21.004.  CHANGE OF LENGTH OR STAGGERING OF TERMS IN
  GENERAL-LAW MUNICIPALITY. (a)  This section applies only to a
  general-law municipality whose governing body is composed of
  members that serve:
               (1)  a term of one or three years; or
               (2)  staggered terms.
         (b)  Not later than December 31, 2012, the governing body of
  the general-law municipality may adopt a resolution:
               (1)  changing the length of the terms of its members to
  two years; or
               (2)  providing for the election of all members of the
  governing body at the same election.
         (c)  The resolution must specify the manner in which the
  transition in the length of terms is made.  The transition must
  begin with the first regular election for members of the governing
  body that occurs after January 1, 2013, and a member who serves on
  that date shall serve the remainder of that term.
         (d)  This section expires January 1, 2016.
         SECTION 48.  Subsection (d), Section 63.0945, Water Code, is
  amended to read as follows:
         (d)  A [Except as provided by Subsection (f), a] declaration
  of write-in candidacy must be filed not later than the deadline
  prescribed by Section 146.054, Election Code, for a write-in
  candidate in a city election [5 p.m. of the fifth day after the date
  an application for a place on the ballot is required to be filed].
         SECTION 49.  To the extent of any conflict, this Act prevails
  over another Act of the 82nd Legislature, Regular Session, 2011,
  regardless of the relative dates of enactment.
         SECTION 50.  The secretary of state shall adopt rules as
  necessary to implement this Act, including the adjustment or
  modification of any affected date, deadline, or procedure.
         SECTION 51.  The following are repealed:
               (1)  Section 41.0053, Election Code;
               (2)  Subsection (e), Section 11.056, and Subsection
  (e), Section 130.0825, Education Code;
               (3)  Subsection (g), Section 285.131, Health and Safety
  Code; and
               (4)  Subsection (f), Section 63.0945, Water Code.
         SECTION 52.  (a)  This section applies only to a political
  subdivision that elects the members of its governing body to a term
  that consists of an odd number of years.
         (b)  Not later than December 31, 2012, the governing body of
  the political subdivision may adopt a resolution changing the
  length of the terms of its members to an even number of years.  The
  resolution must specify the manner in which the transition from the
  length of the former term to the modified term is made.  The
  transition must begin with the first regular election for members
  of the governing body that occurs after January 1, 2013, and a
  member who serves on that date shall serve the remainder of that
  term.
         (c)  This section expires January 1, 2020.
         SECTION 53.  The changes in law made by this Act do not apply
  to an election held on November 8, 2011.
         SECTION 54.  This Act takes effect September 1, 2011.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 100 passed the Senate on
  April 14, 2011, by the following vote:  Yeas 29, Nays 1;
  May 27, 2011, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 27, 2011, House
  granted request of the Senate; May 29, 2011, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 100 passed the House, with
  amendments, on May 25, 2011, by the following vote:  Yeas 143,
  Nays 1, two present not voting; May 27, 2011, House granted request
  of the Senate for appointment of Conference Committee;
  May 29, 2011, House adopted Conference Committee Report by the
  following vote:  Yeas 147, Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor