Paul Bill Makes Mail Ballots Arrive Before Election Day

The text as introduced · 1,647 words

89R632 MLH-D

By: Paul
H.B. No. 1091

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) of this section , 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. Section 87.0221, Election Code, is 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.

SECTION 5. Section 87.0222, Election Code, is amended by

amending Subsections (b) and (c) and adding Subsections (d) and (e)

to read as follows:

(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) or (a-1) [ 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) or (a-1) made before the time for opening the polls

on election day, 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 87.129 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 8. Subchapter A, Chapter 127, Election Code, is

amended by adding Section 127.012 to read as follows:

Sec. 127.012. 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 September 1, 2025.