82R1225 ATP-D
By: Ellis S.B. No. 211
A BILL TO BE ENTITLED
AN ACT
relating to the registration of voters at a polling place during
early voting by personal appearance and related procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 12, Election Code, is
amended by adding Section 12.007 to read as follows:
Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER
REGISTRARS. An election officer serving a polling place for early
voting by personal appearance is a deputy voter registrar and has
the same authority as a regular deputy registrar.
SECTION 2. Subchapter B, Chapter 85, Election Code, is
amended by adding Section 85.0312 to read as follows:
Sec. 85.0312. REGISTRATION AT POLLING PLACE DURING EARLY
VOTING. (a) A person who would be eligible to vote in an election
under Section 11.001, but for the requirement to be a registered
voter, shall be accepted during early voting by personal appearance
for voting the ballot for the precinct of the person's residence as
shown by the identification presented if, on the day the person
offers to vote, the person:
(1) submits a voter registration application that
complies with Section 13.002 to an election officer at the polling
place; and
(2) presents as proof of residence any of the
following documents that display the person's current name and
current address on the day the person seeks to vote:
(A) a Texas driver's license, including a
temporary license or instruction permit, or personal
identification card issued to the person by the Department of
Public Safety;
(B) any other identification issued by a
government agency containing the person's photograph;
(C) a utility bill or bank statement addressed to
the person and dated not earlier than the 30th day before the date
the person seeks to vote;
(D) a paycheck issued to the person;
(E) a government check or government document
issued to or belonging to the person; or
(F) a document designated by the secretary of
state under Subsection (e).
(b) The election officer shall make a copy of the proof of
residence submitted under Subsection (a)(2) and attach it to the
registration application. The election officer shall return the
original proof of residence to the voter.
(c) A person voting under this section shall vote the early
voting ballot that would be provided to a voter voting early by
mail. The person must place the marked ballot in the official
carrier envelope, execute the carrier envelope as provided by
Section 86.013, and deliver the carrier envelope and ballot to the
election officer before leaving the polling place. A ballot voted
under this section shall be processed in the same manner as a ballot
voted early by mail.
(d) For each registration corresponding to a ballot cast
under this section, the voter registrar shall review the
application and copy of the proof of residence and determine
whether the applicant is eligible for registration as provided by
Subchapter C, Chapter 13. The registrar shall inform the early
voting ballot board of a determination made under this subsection.
A registration approved under this subsection takes effect on the
date the vote was cast.
(e) The secretary of state may by rule:
(1) designate additional documents that a person may
offer to prove the person's residence to register and vote under
this section; and
(2) prescribe procedures to implement this section.
SECTION 3. Section 86.007, Election Code, is amended by
adding Subsection (h) to read as follows:
(h) A ballot voted under Section 85.0312 and delivered to an
election officer as required by that section is considered timely
returned.
SECTION 4. Section 87.041, Election Code, is amended by
amending Subsections (a) and (d) and adding Subsection (f) to read
as follows:
(a) The early voting ballot board shall open each jacket
envelope for an early voting ballot voted by mail or as provided by
Section 85.0312 and determine whether to accept the voter's ballot.
(d) Except as provided by Subsection (f), a [A] ballot shall
be rejected if any requirement prescribed by Subsection (b) is not
satisfied. In that case, the board shall indicate the rejection by
entering "rejected" on the carrier envelope and on the
corresponding jacket envelope.
(f) Subsections (b)(3) and (b)(5)-(7) do not apply to a
voter who votes under Section 85.0312.
SECTION 5. This Act takes effect September 1, 2011.