| 1 | 1 | | 81R6806 JRH-D |
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| 2 | 2 | | By: Anchia H.B. No. 3444 |
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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 registration of individuals who assist in certain |
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| 8 | 8 | | early voting procedures; providing a criminal penalty. |
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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. Sections 86.010(a) and (e), Election Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) A voter casting a ballot by mail who would be eligible |
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| 13 | 13 | | under Section 64.031 to receive assistance at a polling place may |
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| 14 | 14 | | select a person as provided by Section 64.032(c) or a person who is |
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| 15 | 15 | | registered under Section 86.015 to assist the voter in preparing |
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| 16 | 16 | | the ballot. |
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| 17 | 17 | | (e) A person who assists a voter to prepare a ballot to be |
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| 18 | 18 | | voted by mail shall enter the person's signature, printed name, |
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| 19 | 19 | | telephone number, and residence address on the official carrier |
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| 20 | 20 | | envelope of the voter. |
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| 21 | 21 | | SECTION 2. Chapter 86, Election Code, is amended by adding |
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| 22 | 22 | | Section 86.015 to read as follows: |
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| 23 | 23 | | Sec. 86.015. EARLY VOTING ASSISTANT REGISTRATION. (a) A |
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| 24 | 24 | | person who assists more than five voters in an election with the |
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| 25 | 25 | | preparation of their ballots under this chapter must register as an |
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| 26 | 26 | | early voting assistant. |
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| 27 | 27 | | (b) The secretary of state shall prescribe an early voting |
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| 28 | 28 | | assistant registration form. The form must include: |
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| 29 | 29 | | (1) a space for the person's name, signature, address, |
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| 30 | 30 | | telephone number, and voter registration number and the date of |
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| 31 | 31 | | signing; |
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| 32 | 32 | | (2) the oath prescribed by Section 64.034; and |
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| 33 | 33 | | (3) a space for the person to indicate whether the |
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| 34 | 34 | | person has ever been convicted of an offense in connection with |
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| 35 | 35 | | conduct directly attributable to an election. |
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| 36 | 36 | | (c) Each person required to register under this section |
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| 37 | 37 | | shall file the form required by Subsection (b) with the early voting |
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| 38 | 38 | | clerk. A registration filed under this section expires on December |
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| 39 | 39 | | 31 of each odd-numbered year. |
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| 40 | 40 | | (d) The early voting clerk shall maintain current |
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| 41 | 41 | | registrations in a file that is available to the public for |
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| 42 | 42 | | inspection. |
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| 43 | 43 | | (e) Subsection (a) does not apply if the person assisting a |
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| 44 | 44 | | voter is: |
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| 45 | 45 | | (1) related to the voter within the second degree by |
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| 46 | 46 | | affinity or the third degree by consanguinity, as determined under |
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| 47 | 47 | | Subchapter B, Chapter 573, Government Code; |
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| 48 | 48 | | (2) registered to vote at the same address as the |
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| 49 | 49 | | voter; |
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| 50 | 50 | | (3) employed by the nursing home or other long-term |
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| 51 | 51 | | care facility or retirement center in which the voter resides; |
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| 52 | 52 | | (4) employed by the hospital in which the voter is a |
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| 53 | 53 | | patient at the time the assistance is provided; or |
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| 54 | 54 | | (5) an early voting clerk or deputy early voting |
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| 55 | 55 | | clerk. |
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| 56 | 56 | | (f) A person is ineligible for registration under this |
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| 57 | 57 | | section if the person has been finally convicted of an offense in |
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| 58 | 58 | | connection with conduct directly attributable to an election. |
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| 59 | 59 | | (g) A person commits an offense if the person knowingly |
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| 60 | 60 | | violates Subsection (a). An offense under this subsection is a |
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| 61 | 61 | | Class A misdemeanor. |
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| 62 | 62 | | SECTION 3. This Act takes effect January 1, 2010. |
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