| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the deadline for returning a ballot voted by mail. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 86.007, Election Code, is amended by |
|
|
amending Subsections (a), (d), (e), and (f) and adding Subsection |
|
|
(d-1) to read as follows: |
|
|
(a) Except as provided by 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. 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 ballot is required to arrive under Subsection |
|
|
(a)(1) [(a)]; and |
|
|
(3) the ballot arrives at the address on the carrier |
|
|
envelope not later than the fifth day after the date of the |
|
|
election. |
|
|
(d-1) If the deadline for the arrival of a ballot voted by |
|
|
mail[, except that if that date] falls on a Saturday, Sunday, or |
|
|
legal state or national holiday, then the deadline is extended to |
|
|
the next regular business day. |
|
|
(e) A delivery under Subsection (a)(2) or (d) [(d)(2)] 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) [is sent from an address outside the United
|
|
|
States; and
|
|
|
[(3)] 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. |
|
|
(f) The [If the] envelope must [does not] bear the |
|
|
cancellation mark or receipt mark as required by Subsection (e)(2) |
|
|
[(e)(3), a delivery under Subsection (d)(1) is presumed] to be |
|
|
timely [if the other requirements] under this section [are met]. |
|
|
[Section 1.006 does not apply to Subsection (d)(3).] |
|
|
SECTION 2. Section 87.125(a-1), Election Code, is amended |
|
|
to read as follows: |
|
|
(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 [Section] 86.007(d) and (d-1) not |
|
|
later than the 13th day after the date of the election. |
|
|
SECTION 3. This Act takes effect September 1, 2017. |