83R7652 ADM-D
By: Wu H.B. No. 1839
A BILL TO BE ENTITLED
AN ACT
relating to the registration of certain voters at a polling place
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. Chapter 62, Election Code, is amended by adding
Section 62.0015 to read as follows:
Sec. 62.0015. CERTAIN ELECTION OFFICERS ARE VOTER
REGISTRARS. An election officer serving a polling place on
election day is a deputy voter registrar and has the same authority
as a regular deputy registrar.
SECTION 3. Chapter 63, Election Code, is amended by adding
Section 63.010 to read as follows:
Sec. 63.010. REGISTRATION AT POLLING PLACE OF DISABLED
PERSONS AND SENIOR CITIZENS; VOTING PROCEDURES. (a) For purposes
of this section:
(1) "Disability" has the meaning assigned by Section
681.001, Transportation Code.
(2) "Senior citizen" means a person 65 years of age or
older.
(b) Other applicable provisions of this code apply to the
conduct of voting and to the registration of voters under this
section to the extent those provisions do not conflict with this
section.
(c) 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 for voting in the precinct of the person's
residence as shown by the identification presented if the person
has a disability or is a senior citizen and, 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:
(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 that states the person's current address on the day
the person seeks to vote; or
(B) a utility bill addressed to the person dated
not earlier than the 30th day before the date the person seeks to
vote, and:
(i) 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, regardless of whether the address stated on the
license or card is current on the day the person seeks to vote; or
(ii) a United States passport issued to the
person.
(d) The election officer shall use a document submitted
under Subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii) to
confirm the date of birth of a senior citizen registering to vote
under this section.
(e) The election officer shall make a copy of the documents
submitted under Subsection (c)(2) and attach the copies to the
registration application. The election officer shall return the
original documents to the voter.
(f) A person voting under this section shall vote a
provisional ballot in the manner provided by Section 63.011, except
that the person is not required to submit the affidavit under
Section 63.011(a).
(g) For each registration corresponding to a ballot cast
under this section, the voter registrar shall review the
application and copies of the submitted documents and determine in
the manner provided by Subchapter C, Chapter 13, whether the
applicant complies with Subsection (c) and is eligible for
registration. 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.
(h) The secretary of state may by rule:
(1) designate additional documents that a person may
offer to prove the person's residence or eligibility to register
and vote under this section; and
(2) prescribe procedures to implement this section.
SECTION 4. Section 65.054, Election Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding Subsection (b), a provisional ballot
cast under Section 63.010 or 85.0312 shall be accepted if the voter
registrar determines the applicant is eligible for registration
under Section 63.010(g) or 85.0312(f), as applicable.
SECTION 5. 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 OF DISABLED PERSONS AND SENIOR CITIZENS. (a) For purposes
of this section:
(1) "Disability" has the meaning assigned by Section
681.001, Transportation Code.
(2) "Senior citizen" means a person 65 years of age or
older.
(b) 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 the person has a
disability or is a senior citizen and, 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:
(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 that states the person's current address on the day
the person seeks to vote; or
(B) a utility bill addressed to the person dated
not earlier than the 30th day before the date the person seeks to
vote, and:
(i) 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, regardless of whether the address stated on the
license or card is current on the day the person seeks to vote; or
(ii) a United States passport issued to the
person.
(c) The election officer shall use a document submitted
under Subsection (b)(2)(A), (b)(2)(B)(i), or (b)(2)(B)(ii) to
confirm the date of birth of a senior citizen registering to vote
under this section.
(d) The election officer shall make a copy of the documents
submitted under Subsection (b)(2) and attach the copies to the
registration application. The election officer shall return the
original documents to the voter.
(e) A person voting under this section shall vote a
provisional ballot in the manner provided by Section 63.011, except
that the person is not required to submit the affidavit under
Section 63.011(a).
(f) For each registration corresponding to a ballot cast
under this section, the voter registrar shall review the
application and copies of the submitted documents and determine in
the manner provided by Subchapter C, Chapter 13, whether the
applicant complies with Subsection (b) and is eligible for
registration. 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.
(g) The secretary of state may by rule:
(1) designate additional documents that a person may
offer to prove the person's residence or eligibility to register
and vote under this section; and
(2) prescribe procedures to implement this section.
SECTION 6. This Act takes effect September 1, 2013.