| 1 | 1 | | 81R7162 ATP-D |
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| 2 | 2 | | By: Farias H.B. No. 2409 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the conduct of early voting by personal appearance on |
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| 8 | 8 | | Saturday. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 85.001(b), Election Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (b) For a special runoff election for the office of state |
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| 13 | 13 | | senator or state representative or for a runoff primary election, |
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| 14 | 14 | | the period begins on the 11th [10th] day before election day. |
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| 15 | 15 | | SECTION 2. Sections 85.006(a), (b), and (d), Election Code, |
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| 16 | 16 | | are amended to read as follows: |
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| 17 | 17 | | (a) Except as provided by Subsection (b), the authority |
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| 18 | 18 | | ordering an election shall [may] order early voting by personal |
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| 19 | 19 | | appearance at the main early voting polling place to be conducted on |
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| 20 | 20 | | one or more Saturdays [or Sundays] during the early voting period |
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| 21 | 21 | | and may order early voting by personal appearance at the main early |
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| 22 | 22 | | voting polling place to be conducted on one or more Sundays during |
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| 23 | 23 | | the early voting period. |
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| 24 | 24 | | (b) In an election in which a county clerk or city secretary |
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| 25 | 25 | | is the early voting clerk under Section 83.002 or 83.005, only the |
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| 26 | 26 | | early voting clerk may order voting under Subsection (a) [on a |
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| 27 | 27 | | Saturday or Sunday]. An order by the [The] clerk must be [do so by] |
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| 28 | 28 | | written [order]. |
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| 29 | 29 | | (d) The authority authorized to order early voting on a |
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| 30 | 30 | | [Saturday or] Sunday under this section [Subsection (a) or (b)] |
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| 31 | 31 | | shall order the voting on at least one Sunday [under the applicable |
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| 32 | 32 | | subsection] on receipt of a written request that voting be |
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| 33 | 33 | | conducted on a Sunday submitted by at least 15 registered voters of |
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| 34 | 34 | | the territory covered by the election if the[. The] request is |
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| 35 | 35 | | [must be] submitted in time to enable compliance with Section |
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| 36 | 36 | | 85.007. The authority is not required to order the voting on a |
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| 37 | 37 | | particular date specified by the request but shall order the voting |
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| 38 | 38 | | on at least one [Saturday if a Saturday is requested and on at least |
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| 39 | 39 | | one] Sunday [if a Sunday is requested]. |
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| 40 | 40 | | SECTION 3. The changes in law made by this Act apply only to |
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| 41 | 41 | | an election ordered on or after the effective date of this Act. An |
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| 42 | 42 | | election ordered before the effective date of this Act is governed |
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| 43 | 43 | | by the law in effect when the election was ordered, and the former |
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| 44 | 44 | | law continues in effect for that purpose. |
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| 45 | 45 | | SECTION 4. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2009. |
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