| 1 | 1 | | By: Elkins (Senate Sponsor - Huffman) H.B. No. 2190 |
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| 2 | 2 | | (In the Senate - Received from the House May 12, 2011; |
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| 3 | 3 | | May 12, 2011, read first time and referred to Committee on State |
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| 4 | 4 | | Affairs; May 20, 2011, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 7, Nays 0; May 20, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the deadlines by which provisional ballots must be |
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| 11 | 11 | | processed and the state canvass must be conducted for certain |
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| 12 | 12 | | elections. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 65.051, Election Code, is amended by |
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| 15 | 15 | | adding Subsection (a-1) to read as follows: |
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| 16 | 16 | | (a-1) Notwithstanding Subsection (a), for an election held |
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| 17 | 17 | | on the date of the general election for state and county officers, |
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| 18 | 18 | | the early voting ballot board shall verify and count provisional |
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| 19 | 19 | | ballots as provided by this subchapter not later than the 13th day |
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| 20 | 20 | | after the date of the election. |
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| 21 | 21 | | SECTION 2. Section 65.052, Election Code, is amended to |
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| 22 | 22 | | read as follows: |
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| 23 | 23 | | Sec. 65.052. DUTY OF VOTER REGISTRAR. The secretary of |
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| 24 | 24 | | state shall prescribe procedures by which the voter registrar of |
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| 25 | 25 | | the county in which a provisional ballot is cast shall provide |
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| 26 | 26 | | assistance to the early voting ballot board in executing its |
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| 27 | 27 | | authority under this subchapter. In an election described by |
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| 28 | 28 | | Section 65.051(a-1), the procedures must allow for seven calendar |
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| 29 | 29 | | days for the voter registrar to review a provisional voter's |
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| 30 | 30 | | eligibility. |
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| 31 | 31 | | SECTION 3. Section 67.003, Election Code, is amended by |
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| 32 | 32 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 33 | 33 | | follows: |
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| 34 | 34 | | (a) Except as provided by Subsection (b) or (c), each local |
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| 35 | 35 | | canvassing authority shall convene to conduct the local canvass at |
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| 36 | 36 | | the time set by the canvassing authority's presiding officer not |
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| 37 | 37 | | earlier than the eighth day or later than the 11th day after |
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| 38 | 38 | | election day. |
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| 39 | 39 | | (c) In an election described by Section 65.051(a-1), the |
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| 40 | 40 | | time for the local canvass may be set not later than the 14th day |
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| 41 | 41 | | after election day. |
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| 42 | 42 | | SECTION 4. Section 67.012(a), Election Code, is amended to |
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| 43 | 43 | | read as follows: |
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| 44 | 44 | | (a) The governor shall conduct the state canvass [not |
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| 45 | 45 | | earlier than the 15th or later than the 30th day after election day] |
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| 46 | 46 | | at the time set by the secretary of state: |
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| 47 | 47 | | (1) not earlier than the 15th or later than the 30th |
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| 48 | 48 | | day after election day; or |
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| 49 | 49 | | (2) for an election described by Section 65.051(a-1), |
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| 50 | 50 | | not earlier than the 18th or later than the 33rd day after election |
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| 51 | 51 | | day. |
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| 52 | 52 | | SECTION 5. This Act takes effect September 1, 2011. |
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| 53 | 53 | | * * * * * |
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