Bill Text: TX HB1180 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to practices and procedures for an early voting ballot voted by mail.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2023-03-02 - Referred to Elections [HB1180 Detail]

Download: Texas-2023-HB1180-Introduced.html

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88R3581 MLH-D
By: Paul H.B. No. 1180

A BILL TO BE ENTITLED
AN ACT
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 [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), (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 [:
[(1) before the time the polls are required to close on
election day; or
[(2)] not later than 5 p.m. on the day before [after]
election day;
(2) be [, if the carrier envelope was] placed for
delivery by mail or common or contract carrier or a courier on or
before the fourth day before election day; and
(3) bear [bears] a cancellation mark of a common or
contract carrier or a courier indicating placement for delivery on
or before the fourth day before [a time not later than 7 p.m. at the
location of the election 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 polls are required to close on election day
[time the ballot is required to arrive under Subsection (a)(1)];
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) [(a)(2)] or (d) 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) 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. Sections 87.0221 and 87.0222, Election Code, are
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.
Sec. 87.0222. TIME OF DELIVERY: BALLOTS VOTED BY MAIL. (a)
Except as provided by Subsections (b) and (c), [Notwithstanding
Section 87.024, in an election conducted by an authority of a county
with a population of 100,000 or more, or conducted jointly with such
a county or conducted with such a county through a contract for
election services,] the jacket envelopes containing [the] early
voting ballots voted by mail may be delivered to the board between
the end of the 20th [ninth] day before the last day 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 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) [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.
(e) [(c)] At least 24 hours before each delivery under
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 5. 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 6. 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 7. Subchapter A, Chapter 127, Election Code, is
amended by adding Section 127.010 to read as follows:
Sec. 127.010. 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 8. The following sections of the Election Code are
repealed:
(1) Section 87.022;
(2) Section 87.023; and
(3) Section 87.024.
SECTION 9. This Act takes effect September 1, 2023.