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A BILL TO BE ENTITLED
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AN ACT
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relating to in-person delivery of an application to vote an early |
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voting ballot by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.001, Election Code, is amended by |
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amending Subsections (d) and (d-1) to read as follows: |
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(d) An application must be submitted by mail or in person to |
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the early voting clerk for the election who serves the election |
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precinct of the applicant's residence. |
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(d-1) A timely application that is addressed or delivered to |
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the wrong early voting clerk shall be forwarded to the proper early |
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voting clerk not later than the day after the date it is received by |
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the wrong clerk. |
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SECTION 2. Section 101.052, Election Code, is amended by |
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amending Subsections (a-1), (d), and (i) and adding Subsection (n) |
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to read as follows: |
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(a-1) A federal postcard application must be submitted |
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[by]: |
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(1) by mail; [or] |
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(2) by electronic transmission of an image of the |
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application under procedures prescribed by the secretary of state; |
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or |
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(3) in person to the early voting clerk for the |
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election who serves the election precinct of the applicant's |
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residence. |
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(d) A timely application that is addressed or delivered to |
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the wrong early voting clerk shall be forwarded to the proper early |
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voting clerk not later than the day after the date it is received by |
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the wrong clerk. |
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(i) Except as provided by Subsections (l), [and] (m), and |
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(n), for purposes of determining the date a federal postcard |
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application is submitted to the early voting clerk, an application |
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is considered to be submitted on the date it is placed and properly |
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addressed in the United States mail. An application mailed from an |
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Army/Air Force Post Office (APO) or Fleet Post Office (FPO) is |
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considered placed in the United States mail. The date indicated by |
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the post office cancellation mark, including a United States |
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military post office cancellation mark, is considered to be the |
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date the application was placed in the mail unless proven |
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otherwise. For purposes of an application made under Subsection |
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(e): |
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(1) an application that does not contain a |
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cancellation mark is considered to be timely if it is received by |
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the early voting clerk on or before the 15th day before election |
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day; and |
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(2) if the 20th day before the date of an election is a |
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Saturday, Sunday, or legal state or national holiday, an |
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application is considered to be timely if it is submitted to the |
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early voting clerk on or before the next regular business day. |
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(n) An application delivered under Subsection (a-1)(3) is |
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considered to be submitted at the time it is received by the early |
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voting clerk who receives the initial in-person delivery, |
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regardless of whether the clerk was required to forward the |
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application under Subsection (d). |
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SECTION 3. Section 84.008, Election Code, is repealed. |
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SECTION 4. This Act takes effect September 1, 2015. |