Texas 2009 - 81st Regular

Texas House Bill HB3902 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Heflin H.B. No. 3902
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the requirements for accepting a special provisional
7	7	ballot.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 124.006, Election Code, is amended to
10	10	read as follows:
11	11	The secretary of state shall prescribe the forms of a
12	12	provisional ballot, a special identification provisional ballot
13	13	and the necessary procedures to implement the casting of a
14	14	provisional ballot and a special identification provisional ballot
15	15	as described by Section 63.011 and the verification and processing
16	16	of provisional ballots under Subchapter B, Chapter 65, for each
17	17	voting system used in this state.
18	18	SECTION 2. Section 63.011, Election Code, is amended to
19	19	read as follows:
20	20	(d) An election officer shall:
21	21	(1) enter "provisional vote" or "special
22	22	identification provisional vote" on the poll list beside the name
23	23	of each voter who is accepted for voting under this section; and
24	24	(2) inform the voter of the requirements of Section
25	25	65.0541.
26	26	(e) A person who is permitted under a state or federal court
27	27	order to cast a ballot in an election for a federal office after the
28	28	time allowed by Subchapter B, Chapter 41, must cast the ballot as a
29	29	provisional vote in the manner required by this section.
30	30	(f) A person shall be allowed to vote a special
31	31	identification provisional ballot marked to show that the special
32	32	identification provisional ballot is being accepted without the
33	33	identification required by the Election Code.
34	34	SECTION 3. Section 65.054(b), Election Code, is amended to
35	35	read as follows:
36	36	(b) All provisional ballots, including special
37	37	identification provisional ballots, may be accepted only if:
38	38	(1) the board determines that, from the information in
39	39	the affidavit or contained in public records, the person is
40	40	eligible to vote in the election and has not previously voted in
41	41	that election;
42	42	(2) the voter meets the identification requirements of
43	43	Election Code, Chapter 63 in the period prescribed under Section
44	44	65.0541; and
45	45	(3) before the election is canvassed, the election
46	46	officials shall make a reasonable effort to determine if the voter
47	47	of the special identification provisional ballot is a qualified
48	48	voter.
49	49	(c) All provisional ballots, including special
50	50	identification provisional ballots, in compliance with Subsection
51	51	(b) shall be counted and included in the official canvass of
52	52	elections.
53	53	SECTION 4. Subchapter B, Chapter 65, Election Code, is
54	54	amended by adding Section 65.0541 to read as follows:
55	55	Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN
56	56	PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional
57	57	voting including use of a special identification provisional ballot
58	58	under Section 63.011 because the voter does not meet the
59	59	identification requirements of Chapter 63 may, not later than the
60	60	10th business day after the date of the election, present proof of
61	61	identification to the voter registrar for examination by the early
62	62	voting ballot board.
63	63	(b) Any interested person may present the proof of
64	64	identification in the manner described by Subsection (a) on behalf
65	65	of a voter who is accepted for provisional voting under Section
66	66	63.011.
67	67	(c) The secretary of state shall prescribe procedures as
68	68	necessary to implement this section.
69	69	SECTION 5. Chapter 13, Election Code, is amended by adding
70	70	Section 13.004(e) to read as follows:
71	71	(e) the list of registered voters that voted a special
72	72	identification provisional ballot shall be public record and made
73	73	available for inspection and copying at any time after election
74	74	day.
75	75	(f) Subsection (e) is enforceable by writ of mandamus as
76	76	provided by Section 273.061 of this Code.
77	77	SECTION 6. This Act takes effect September 1, 2009.