Bill Text: TX HB100 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to practices and procedures for an early voting ballot voted by mail.
Spectrum: Partisan Bill (Republican 42-0)
Status: (Introduced - Dead) 2021-07-08 - Referred to Constitutional Rights & Remedies [HB100 Detail]
Download: Texas-2021-HB100-Introduced.html
| 87S10452 KJE-D | ||
| By: Paul | H.B. No. 100 | |
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| 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 [ |
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| 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 [ |
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| 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 [ |
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| election day; | ||
| (2) be [ |
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| delivery by mail or common or contract carrier or a courier on or | ||
| before the fourth day before election day; and | ||
| (3) bear [ |
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| contract carrier or a courier indicating placement for delivery on | ||
| or before the fourth day before [ |
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| (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 | ||
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| 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) [ |
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| 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. Section 87.0221, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 87.0221. TIME OF DELIVERY: [ |
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| PERSONAL APPEARANCE. (a) The balloting [ |
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| 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 5. Section 87.0222, Election Code, as effective | ||
| September 1, 2021, is amended to read as follows: | ||
| Sec. 87.0222. TIME OF DELIVERY: BALLOTS VOTED BY MAIL. (a) | ||
| Except as provided by Subsections (b) and (c), [ |
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| voting ballots voted by mail may be delivered to the board between | ||
| the end of the 20th [ |
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| 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 jacket envelopes of early voting ballots voted by | ||
| mail that are hand delivered in accordance with Section 86.006(a-1) | ||
| and received by the early voting clerk at or before 3 p.m. on | ||
| election day shall be delivered to the presiding judge of the early | ||
| voting ballot board as soon as practicable on election day. | ||
| (c) The jacket envelopes of early voting ballots voted by | ||
| mail that are hand delivered in accordance with Section 86.006(a-1) | ||
| and received by the early voting clerk after 3 p.m. on election day | ||
| shall be delivered to the presiding judge of the early voting ballot | ||
| board at the time ballots received under Section 86.007(d) are | ||
| delivered to the presiding judge. | ||
| (d) The early voting clerk shall post notice of each | ||
| delivery of balloting materials under Subsection (a) [ |
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| 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. | ||
| (e) [ |
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| Subsection (a), 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 87.125, Election Code, is amended by | ||
| adding Subsection (a-2) to read as follows: | ||
| (a-2) The early voting ballot board shall count ballots that | ||
| are hand delivered as provided by Section 87.0222(c) at the time | ||
| that the ballot board convenes to count ballots under Section | ||
| 86.007(d). | ||
| SECTION 7. Subchapter G, Chapter 87, Election Code, is | ||
| amended by adding Section 87.128 to read as follows: | ||
| Sec. 87.128. 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 8. Subchapter A, Chapter 127, Election Code, is | ||
| amended by adding Section 127.009 to read as follows: | ||
| Sec. 127.009. OPERATION OF CENTRAL COUNTING STATION. (a) | ||
| The central counting station may operate at any time ballots may be | ||
| processed or counted. | ||
| (b) Not later than 72 hours before the date that the central | ||
| counting station manager plans to begin processing or counting | ||
| early voting ballots, the central counting station manager shall | ||
| notify the presiding judge of the early voting ballot board of the | ||
| time and place that the judge may deliver early voting ballots. | ||
| (c) Not later than 72 hours before the initial date and time | ||
| that the central counting station begins operations in an | ||
| election, the central counting station manager shall post notice | ||
| of the dates and times that the central counting station will | ||
| operate in the election in the place used for posting notice of | ||
| meetings of the governing body of and on the Internet website of the | ||
| entity conducting the election. For each date and time listed in | ||
| the notice, the notice must identify whether the central counting | ||
| station will be counting early voting ballots voted by mail or early | ||
| voting ballots voted by personal appearance. | ||
| (d) In a general election for state and county officers, the | ||
| notice under Subsection (c) must be provided to each county chair of | ||
| a political party that has a nominee on the ballot. | ||
| (e) The secretary of state shall prescribe rules as | ||
| necessary to implement this section. | ||
| SECTION 9. The following sections of the Election Code are | ||
| repealed: | ||
| (1) Section 87.022; | ||
| (2) Section 87.023; and | ||
| (3) Section 87.024. | ||
| SECTION 10. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
