| 1 | 1 | | 81R625 ATP-D |
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| 2 | 2 | | By: Ellis S.B. No. 118 |
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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 voters at a polling place during |
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| 8 | 8 | | early voting by personal appearance and related procedures. |
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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. Subchapter A, Chapter 12, Election Code, is |
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| 11 | 11 | | amended by adding Section 12.007 to read as follows: |
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| 12 | 12 | | Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER |
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| 13 | 13 | | REGISTRARS. An election officer serving a polling place for early |
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| 14 | 14 | | voting by personal appearance is a deputy voter registrar and has |
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| 15 | 15 | | the same authority as a regular deputy registrar. |
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| 16 | 16 | | SECTION 2. Subchapter B, Chapter 85, Election Code, is |
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| 17 | 17 | | amended by adding Section 85.0312 to read as follows: |
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| 18 | 18 | | Sec. 85.0312. REGISTRATION AT POLLING PLACE DURING EARLY |
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| 19 | 19 | | VOTING. (a) A person who would be eligible to vote in an election |
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| 20 | 20 | | under Section 11.001, but for the requirement to be a registered |
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| 21 | 21 | | voter, shall be accepted during early voting by personal appearance |
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| 22 | 22 | | for voting the ballot for the precinct of the person's residence as |
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| 23 | 23 | | shown by the identification presented if, on the day the person |
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| 24 | 24 | | offers to vote, the person: |
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| 25 | 25 | | (1) submits a voter registration application that |
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| 26 | 26 | | complies with Section 13.002 to an election officer at the polling |
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| 27 | 27 | | place; and |
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| 28 | 28 | | (2) presents as proof of residence any of the |
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| 29 | 29 | | following documents that display the person's current name and |
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| 30 | 30 | | current address on the day the person seeks to vote: |
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| 31 | 31 | | (A) a Texas driver's license, including a |
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| 32 | 32 | | temporary license or instruction permit, or personal |
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| 33 | 33 | | identification card issued to the person by the Department of |
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| 34 | 34 | | Public Safety; |
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| 35 | 35 | | (B) any other identification issued by a |
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| 36 | 36 | | government agency containing the person's photograph; |
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| 37 | 37 | | (C) a utility bill or bank statement addressed to |
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| 38 | 38 | | the person and dated not earlier than the 30th day before the date |
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| 39 | 39 | | the person seeks to vote; |
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| 40 | 40 | | (D) a paycheck issued to the person; |
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| 41 | 41 | | (E) a government check or government document |
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| 42 | 42 | | issued to or belonging to the person; or |
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| 43 | 43 | | (F) a document designated by the secretary of |
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| 44 | 44 | | state under Subsection (e). |
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| 45 | 45 | | (b) The election officer shall make a copy of the proof of |
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| 46 | 46 | | residence submitted under Subsection (a)(2) and attach it to the |
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| 47 | 47 | | registration application. The election officer shall return the |
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| 48 | 48 | | original proof of residence to the voter. |
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| 49 | 49 | | (c) A person voting under this section shall vote the early |
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| 50 | 50 | | voting ballot that would be provided to a voter voting early by |
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| 51 | 51 | | mail. The person must place the marked ballot in the official |
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| 52 | 52 | | carrier envelope, execute the carrier envelope as provided by |
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| 53 | 53 | | Section 86.013, and deliver the carrier envelope and ballot to the |
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| 54 | 54 | | election officer before leaving the polling place. A ballot voted |
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| 55 | 55 | | under this section shall be processed in the same manner as a ballot |
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| 56 | 56 | | voted early by mail. |
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| 57 | 57 | | (d) For each registration corresponding to a ballot cast |
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| 58 | 58 | | under this section, the voter registrar shall review the |
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| 59 | 59 | | application and copy of the proof of residence and determine |
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| 60 | 60 | | whether the applicant is eligible for registration as provided by |
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| 61 | 61 | | Subchapter C, Chapter 13. The registrar shall inform the early |
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| 62 | 62 | | voting ballot board of a determination made under this subsection. |
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| 63 | 63 | | A registration approved under this subsection takes effect on the |
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| 64 | 64 | | date the vote was cast. |
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| 65 | 65 | | (e) The secretary of state may by rule: |
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| 66 | 66 | | (1) designate additional documents that a person may |
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| 67 | 67 | | offer to prove the person's residence to register and vote under |
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| 68 | 68 | | this section; and |
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| 69 | 69 | | (2) prescribe procedures to implement this section. |
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| 70 | 70 | | SECTION 3. Section 86.007, Election Code, is amended by |
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| 71 | 71 | | adding Subsection (h) to read as follows: |
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| 72 | 72 | | (h) A ballot voted under Section 85.0312 and delivered to an |
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| 73 | 73 | | election officer as required by that section is considered timely |
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| 74 | 74 | | returned. |
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| 75 | 75 | | SECTION 4. Section 87.041, Election Code, is amended by |
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| 76 | 76 | | amending Subsections (a) and (d) and adding Subsection (f) to read |
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| 77 | 77 | | as follows: |
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| 78 | 78 | | (a) The early voting ballot board shall open each jacket |
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| 79 | 79 | | envelope for an early voting ballot voted by mail or as provided by |
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| 80 | 80 | | Section 85.0312 and determine whether to accept the voter's ballot. |
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| 81 | 81 | | (d) Except as provided by Subsection (f), a [A] ballot shall |
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| 82 | 82 | | be rejected if any requirement prescribed by Subsection (b) is not |
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| 83 | 83 | | satisfied. In that case, the board shall indicate the rejection by |
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| 84 | 84 | | entering "rejected" on the carrier envelope and on the |
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| 85 | 85 | | corresponding jacket envelope. |
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| 86 | 86 | | (f) Subsections (b)(3) and (b)(5)-(7) do not apply to a |
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| 87 | 87 | | voter who votes under Section 85.0312. |
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| 88 | 88 | | SECTION 5. This Act takes effect September 1, 2009. |
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