By: Heflin H.B. No. 3902
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for accepting a special provisional
ballot.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 124.006, Election Code, is amended to
read as follows:
The secretary of state shall prescribe the forms of a
provisional ballot, a special identification provisional ballot
and the necessary procedures to implement the casting of a
provisional ballot and a special identification provisional ballot
as described by Section 63.011 and the verification and processing
of provisional ballots under Subchapter B, Chapter 65, for each
voting system used in this state.
SECTION 2. Section 63.011, Election Code, is amended to
read as follows:
(d) An election officer shall:
(1) enter "provisional vote" or "special
identification provisional vote" on the poll list beside the name
of each voter who is accepted for voting under this section; and
(2) inform the voter of the requirements of Section
65.0541.
(e) A person who is permitted under a state or federal court
order to cast a ballot in an election for a federal office after the
time allowed by Subchapter B, Chapter 41, must cast the ballot as a
provisional vote in the manner required by this section.
(f) A person shall be allowed to vote a special
identification provisional ballot marked to show that the special
identification provisional ballot is being accepted without the
identification required by the Election Code.
SECTION 3. Section 65.054(b), Election Code, is amended to
read as follows:
(b) All provisional ballots, including special
identification provisional ballots, may be accepted only if:
(1) 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;
(2) the voter meets the identification requirements of
Election Code, Chapter 63 in the period prescribed under Section
65.0541; and
(3) before the election is canvassed, the election
officials shall make a reasonable effort to determine if the voter
of the special identification provisional ballot is a qualified
voter.
(c) All provisional ballots, including special
identification provisional ballots, in compliance with Subsection
(b) shall be counted and included in the official canvass of
elections.
SECTION 4. Subchapter B, Chapter 65, Election Code, is
amended by adding Section 65.0541 to read as follows:
Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN
PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional
voting including use of a special identification provisional ballot
under Section 63.011 because the voter does not meet the
identification requirements of Chapter 63 may, not later than the
10th business day after the date of the election, present proof of
identification to the voter registrar for examination by the early
voting ballot board.
(b) Any interested person may present the proof of
identification in the manner described by Subsection (a) on behalf
of a voter who is accepted for provisional voting under Section
63.011.
(c) The secretary of state shall prescribe procedures as
necessary to implement this section.
SECTION 5. Chapter 13, Election Code, is amended by adding
Section 13.004(e) to read as follows:
(e) the list of registered voters that voted a special
identification provisional ballot shall be public record and made
available for inspection and copying at any time after election
day.
(f) Subsection (e) is enforceable by writ of mandamus as
provided by Section 273.061 of this Code.
SECTION 6. This Act takes effect September 1, 2009.