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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. Section 86.007, Election Code, is amended by |
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amending Subsections (a), (d), (e), and (f) and adding Subsection |
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(d-1) to read as follows: |
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(a) Except as provided by Subsection (d), a marked ballot |
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voted by mail must arrive at the address on the carrier envelope: |
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(1) before the time the polls are required to close on |
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election day; or |
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(2) not later than 5 p.m. on the day after election |
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day, if the carrier envelope was placed for delivery by mail or |
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common or contract carrier before election day and bears a |
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cancellation mark of a common or contract carrier or a courier |
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indicating a time not later than 7 p.m. at the location of the |
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election on election day. |
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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)(1) [(a)]; and |
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(3) the ballot arrives at the address on the carrier |
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envelope not later than the fifth day after the date of the |
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election. |
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(d-1) If the deadline for the arrival of a ballot voted by |
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mail[, 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 (a)(2) or (d) [(d)(2)] is |
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timely, except as otherwise provided by this title, if the carrier |
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envelope or, if applicable, the envelope containing the carrier |
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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) The [If the] envelope must [does not] bear the |
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cancellation mark or receipt mark as required by Subsection (e)(2) |
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[(e)(3), a delivery under Subsection (d)(1) is presumed] to be |
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timely [if the other requirements] under this section [are met]. |
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[Section 1.006 does not apply to Subsection (d)(3).] |
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SECTION 2. Section 87.125(a-1), Election Code, is amended |
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to read as follows: |
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(a-1) Notwithstanding Subsection (a), for an election held |
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on the date of the general election for state and county officers, |
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the early voting ballot board shall convene to count ballots voted |
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by mail described by Sections [Section] 86.007(d) and (d-1) not |
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later than the 13th day after the date of the election. |
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SECTION 3. This Act takes effect September 1, 2017. |
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* * * * * |