Bill Text: TX HB2382 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to in-person delivery of an application to vote an early voting ballot by mail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-13 - Referred to Elections [HB2382 Detail]
Download: Texas-2015-HB2382-Introduced.html
| 84R485 ADM-D | ||
| By: Reynolds | H.B. No. 2382 | |
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| relating to in-person delivery of an application to vote an early | ||
| voting ballot by mail. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 84.001, Election Code, is amended by | ||
| amending Subsections (d) and (d-1) to read as follows: | ||
| (d) An application must be submitted by mail or in person to | ||
| the early voting clerk for the election who serves the election | ||
| precinct of the applicant's residence. | ||
| (d-1) A timely application that is addressed or delivered 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. | ||
| SECTION 2. Section 101.052, Election Code, is amended by | ||
| amending Subsections (a-1), (d), and (i) and adding Subsection (n) | ||
| to read as follows: | ||
| (a-1) A federal postcard application must be submitted | ||
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| (1) by mail; [ |
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| (2) by electronic transmission of an image of the | ||
| application under procedures prescribed by the secretary of state; | ||
| or | ||
| (3) in person to the early voting clerk for the | ||
| election who serves the election precinct of the applicant's | ||
| residence. | ||
| (d) A timely application that is addressed or delivered 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. | ||
| (i) Except as provided by Subsections (l), [ |
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| (n), 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. | ||
| (n) An application delivered under Subsection (a-1)(3) is | ||
| considered to be submitted at the time it is received by the early | ||
| voting clerk who receives the initial in-person delivery, | ||
| regardless of whether the clerk was required to forward the | ||
| application under Subsection (d). | ||
| SECTION 3. Section 84.008, Election Code, is repealed. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
