81R11491 JRH-D
By: Riddle H.B. No. 3679
A BILL TO BE ENTITLED
AN ACT
relating to the registration of certain voters at a polling place
and related procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 12, Election Code, is
amended by adding Section 12.007 to read as follows:
Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER
REGISTRARS. An election officer serving a polling place for early
voting by personal appearance is a deputy voter registrar and has
the same authority as a regular deputy registrar.
SECTION 2. Chapter 62, Election Code, is amended by adding
Section 62.0015 to read as follows:
Sec. 62.0015. CERTAIN ELECTION OFFICERS ARE VOTER
REGISTRARS. An election officer serving a polling place on
election day is a deputy voter registrar and has the same authority
as a regular deputy registrar.
SECTION 3. Chapter 63, Election Code, is amended by adding
Section 63.010 to read as follows:
Sec. 63.010. REGISTRATION AT POLLING PLACE OF ACTIVE AND
DISCHARGED MILITARY PERSONNEL; VOTING PROCEDURES. (a) Other
applicable provisions of this code apply to the conduct of voting
and to the registration of voters under this section to the extent
those provisions do not conflict with this section.
(b) A person who would be eligible to vote in an election
under Section 11.001, but for the requirement to be a registered
voter, shall be accepted for voting in the precinct of the person's
residence as shown by the identification presented if, on the day
the person offers to vote, the person:
(1) submits a voter registration application that
complies with Section 13.002 to an election officer at the polling
place;
(2) presents a United States military identification
card that contains the person's photograph;
(3) presents a deployment order indicating that the
person was deployed to a location away from the person's home
station and out of the person's county of residence on or after the
60th day before election day; and
(4) presents as proof of residence:
(A) a Texas driver's license, including a
temporary license or instruction permit, or personal
identification card issued to the person by the Department of
Public Safety that states the person's current address on the day
the person seeks to vote; or
(B) a utility bill addressed to the person dated
not earlier than the 30th day before the date the person seeks to
vote, and:
(i) a Texas driver's license, including a
temporary license or instruction permit, or personal
identification card issued to the person by the Department of
Public Safety, regardless of whether the address stated on the
license or card is current on the day the person seeks to vote; or
(ii) a United States passport issued to the
person.
(c) The election officer shall make a copy of the documents
submitted under Subsections (b)(2)-(4) and attach the copies to the
registration application. The election officer shall return the
original documents to the voter.
(d) A person voting under this section shall vote a
provisional ballot in the manner provided by Section 63.011, except
that the person is not required to submit the affidavit under
Section 63.011(a).
(e) For each registration corresponding to a ballot cast
under this section, the voter registrar shall review the
application and copies of the documents submitted under Subsections
(b)(2)-(4) and determine whether the applicant was a member of the
United States military forces serving on active duty and deployed
to a location away from the applicant's home station and out of the
applicant's county of residence on or after the 60th day before
election day and is eligible for registration as provided by
Subchapter C, Chapter 13. The registrar shall inform the early
voting ballot board of a determination made under this subsection.
A registration approved under this subsection takes effect on the
date the vote was cast.
(f) The secretary of state may by rule:
(1) designate additional documents that a person may
offer to prove the person's residence to register and vote under
this section; and
(2) prescribe procedures to implement this section.
SECTION 4. Section 65.054, Election Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsection (b-1), a [A]
provisional ballot may be accepted only if the board determines
that, from the information in the affidavit or contained in public
records, the person is eligible to vote in the election and has not
previously voted in that election.
(b-1) A provisional ballot cast under Section 63.010 or
85.0312 shall be accepted if the voter registrar determines the
applicant is eligible for registration under Section 63.010(e) or
85.0312(d), as applicable.
SECTION 5. Subchapter B, Chapter 85, Election Code, is
amended by adding Section 85.0312 to read as follows:
Sec. 85.0312. REGISTRATION AT POLLING PLACE DURING EARLY
VOTING OF ACTIVE AND DISCHARGED MILITARY PERSONNEL. (a) A person
who would be eligible to vote in an election under Section 11.001,
but for the requirement to be a registered voter, shall be accepted
during early voting by personal appearance for voting the ballot
for the precinct of the person's residence as shown by the
identification presented if, on the day the person offers to vote,
the person:
(1) submits a voter registration application that
complies with Section 13.002 to an election officer at the polling
place;
(2) presents a United States military identification
card that contains the person's photograph;
(3) presents a deployment order indicating that the
person was deployed to a location away from the person's home
station and out of the person's county of residence on or after the
60th day before election day; and
(4) presents as proof of residence:
(A) a Texas driver's license, including a
temporary license or instruction permit, or personal
identification card issued to the person by the Department of
Public Safety that states the person's current address on the day
the person seeks to vote; or
(B) a utility bill addressed to the person dated
not earlier than the 30th day before the date the person seeks to
vote, and:
(i) a Texas driver's license, including a
temporary license or instruction permit, or personal
identification card issued to the person by the Department of
Public Safety, regardless of whether the address stated on the
license or card is current on the day the person seeks to vote; or
(ii) a United States passport issued to the
person.
(b) The election officer shall make a copy of the documents
submitted under Subsections (a)(2)-(4) and attach the copies to the
registration application. The election officer shall return the
original documents to the voter.
(c) A person voting under this section shall vote a
provisional ballot in the manner provided by Section 63.011, except
that the person is not required to submit the affidavit under
Section 63.011(a).
(d) For each registration corresponding to a ballot cast
under this section, the voter registrar shall review the
application and copies of the documents submitted under Subsections
(a)(2)-(4) and determine whether the applicant was a member of the
United States military forces serving on active duty and deployed
to a location away from the person's home station and out of the
person's county of residence on or after the 60th day before
election day and is eligible for registration as provided by
Subchapter C, Chapter 13. The registrar shall inform the early
voting ballot board of a determination made under this subsection.
A registration approved under this subsection takes effect on the
date the vote was cast.
(e) The secretary of state may by rule:
(1) designate additional documents that a person may
offer to prove the person's residence to register and vote under
this section; and
(2) prescribe procedures to implement this section.
SECTION 6. This Act takes effect September 1, 2009.