Texas 2011 - 82nd Regular

Texas House Bill HB2875 Compare Versions

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1	1	82R17830 ATP-F
2	2	By: S. Davis of Harris, Harless H.B. No. 2875
3	3	Substitute the following for H.B. No. 2875:
4	4	By: Burkett C.S.H.B. No. 2875
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to election practices and procedures pertaining to voters
10	10	not included on the poll list.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 15.022(a), Election Code, is amended to
13	13	read as follows:
14	14	(a) The registrar shall make the appropriate corrections in
15	15	the registration records, including, if necessary, deleting a
16	16	voter's name from the suspense list:
17	17	(1) after receipt of a notice of a change in
18	18	registration information under Section 15.021;
19	19	(2) after receipt of a voter's reply to a notice of
20	20	investigation given under Section 16.033;
21	21	(3) after receipt of a copy of the poll [registration
22	22	omissions] list and any affidavits executed under Section 63.006
23	23	[63.007], following an election;
24	24	(4) after receipt of a voter's statement of residence
25	25	executed under Section 63.0011;
26	26	(5) before the effective date of the abolishment of a
27	27	county election precinct or a change in its boundary;
28	28	(6) after receipt of United States Postal Service
29	29	information indicating an address reclassification;
30	30	(7) after receipt of a voter's response under Section
31	31	15.053; or
32	32	(8) after receipt of a registration application or
33	33	change of address under Chapter 20.
34	34	SECTION 2. Section 63.003(b), Election Code, is amended to
35	35	read as follows:
36	36	(b) The poll list shall be maintained as an original and
37	37	three [two] copies.
38	38	SECTION 3. Section 63.006, Election Code, is amended to
39	39	read as follows:
40	40	Sec. 63.006. VOTER WITH REQUIRED DOCUMENTATION [CORRECT
41	41	CERTIFICATE] WHO IS NOT ON LIST. (a) A voter who, when offering to
42	42	vote, presents the documentation required under Section 63.001(b)
43	43	[a voter registration certificate indicating that the voter is
44	44	currently registered in the precinct in which the voter is offering
45	45	to vote,] but whose name is not on the precinct list of registered
46	46	voters[,] shall be accepted for voting if the voter presents a voter
47	47	registration certificate indicating that the voter is currently
48	48	registered:
49	49	(1) in the precinct in which the voter is offering to
50	50	vote; or
51	51	(2) in a different precinct in the same county as the
52	52	precinct in which the voter is offering to vote and the voter
53	53	executes an affidavit stating that the voter:
54	54	(A) is a resident of the precinct in which the
55	55	voter is offering to vote or is otherwise entitled by law to vote in
56	56	that precinct;
57	57	(B) was a resident of the precinct in which the
58	58	voter is offering to vote at the time the information on the voter's
59	59	residence address was last provided to the voter registrar;
60	60	(C) did not deliberately provide false
61	61	information to secure registration in a precinct in which the voter
62	62	does not reside; and
63	63	(D) is voting only once in the election.
64	64	(b) After the voter is accepted, an election officer shall:
65	65	(1) indicate beside the voter's name on the poll list
66	66	that the voter was accepted under this section;
67	67	(2) enter beside the voter's name on the poll list the
68	68	precinct of the voter's registration and the voter's registration
69	69	number as indicated by the voter's registration certificate; and
70	70	(3) enter the voter's address beside the voter's name
71	71	on the poll list.
72	72	SECTION 4. Section 63.009, Election Code, is amended to
73	73	read as follows:
74	74	Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.
75	75	A [(a) Except as provided by Subsection (b), a] voter who does not
76	76	present a voter registration certificate when offering to vote, and
77	77	whose name is not on the list of registered voters for the precinct
78	78	in which the voter is offering to vote, shall be accepted for
79	79	provisional voting if the voter executes an affidavit in accordance
80	80	with Section 63.011.
81	81	[(b) If an election officer can determine from the voter
82	82	registrar that the person is a registered voter of the county and
83	83	the person presents proof of identification, the affidavits
84	84	required by Sections 63.007 and 63.008 are substituted for the
85	85	affidavit required by Section 63.011 in complying with that
86	86	section. After the voter is accepted under this subsection, an
87	87	election officer shall also indicate beside the voter's name on the
88	88	poll list that the voter was accepted under this section.]
89	89	SECTION 5. Section 63.011, Election Code, is amended by
90	90	amending Subsections (a) and (b) and adding Subsection (b-1) to
91	91	read as follows:
92	92	(a) A person to whom Section 63.001(g) [63.008(b)] or 63.009
93	93	[63.009(a)] applies may cast a provisional ballot if the person
94	94	executes an affidavit stating that the person:
95	95	(1) is a registered voter in the precinct in which the
96	96	person seeks to vote; and
97	97	(2) is eligible to vote in the election.
98	98	(b) A form for an affidavit required by this section must
99	99	[shall] be printed on an envelope in which the provisional ballot
100	100	voted by the person may be placed and must include:
101	101	(1) a space for entering the identification number of
102	102	the provisional ballot voted by the person; and
103	103	(2) a space for an election officer to indicate
104	104	whether the person presented a form of identification described by
105	105	Section 63.0101.
106	106	(b-1) The affidavit form may include space for disclosure of
107	107	any necessary information to enable the person to register to vote
108	108	under Chapter 13. The secretary of state shall prescribe the form
109	109	of the affidavit under this section.
110	110	SECTION 6. Section 66.0241, Election Code, is amended to
111	111	read as follows:
112	112	Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
113	113	must contain:
114	114	(1) the precinct list of registered voters;
115	115	(2) the registration correction list;
116	116	(3) a copy of the poll list [the registration
117	117	omissions list];
118	118	(4) any statements of residence executed under Section
119	119	63.0011; and
120	120	(5) any affidavits executed under Section 63.006
121	121	[63.007] or 63.011.
122	122	SECTION 7. Section 85.031(b), Election Code, is amended to
123	123	read as follows:
124	124	(b) On accepting a voter, the clerk shall indicate beside
125	125	the voter's name on the list of registered voters [or registration
126	126	omissions list, as applicable,] that the voter is accepted to vote
127	127	by personal appearance unless the form of the [either] list makes it
128	128	impracticable to do so, and the clerk shall enter the voter's name
129	129	on the poll list.
130	130	SECTION 8. Sections 63.005, 63.007, and 63.008, Election
131	131	Code, are repealed.
132	132	SECTION 9. This Act takes effect January 1, 2012.