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A BILL TO BE ENTITLED
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AN ACT
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relating to the deadline for returning a ballot voted by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 86.007(d), (e), and (f), Election Code, |
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are amended to read as follows: |
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(d) A marked ballot voted by mail that arrives after the |
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time prescribed by Subsection (a) shall be counted if: |
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(1) [the ballot was cast from an address outside the
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United States;
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[(2)] the carrier envelope was placed for delivery |
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before the time the ballot is required to arrive under Subsection |
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(a); and |
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(2) [(3)] the ballot arrives at the address on the |
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carrier envelope not later than the fifth day after the date of the |
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election, except that if that date falls on a Saturday, Sunday, or |
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legal state or national holiday, then the deadline is extended to |
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the next regular business day. |
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(e) A delivery under Subsection (d)(1) [(d)(2)] is timely, |
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except as otherwise provided by this title, if the carrier envelope |
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or, if applicable, the envelope containing the carrier envelope: |
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(1) is properly addressed with postage or handling |
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charges prepaid; and |
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(2) [is sent from an address outside the United
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States; and
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[(3)] bears a cancellation mark of a recognized postal |
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service or a receipt mark of a common or contract carrier or a |
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courier indicating a time before the deadline. |
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(f) If the envelope does not bear the cancellation mark or |
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receipt mark as required by Subsection (e)(2) [(e)(3)], a delivery |
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from an address outside the United States [under Subsection (d)(1)] |
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is presumed to be timely if the other requirements under this |
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section are met. [Section 1.006 does not apply to Subsection
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(d)(3).] |
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SECTION 2. This Act takes effect September 1, 2015. |