1 | 1 | | 83R23436 ADM-F |
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2 | 2 | | By: Wu H.B. No. 3081 |
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3 | 3 | | Substitute the following for H.B. No. 3081: |
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4 | 4 | | By: Wu C.S.H.B. No. 3081 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the requirements for a person who has recently moved to |
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10 | 10 | | vote in the precinct of the person's former or current residence. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 63.0011, Election Code, is amended by |
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13 | 13 | | amending Subsection (a) and adding Subsections (b-1), (b-2), and |
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14 | 14 | | (b-3) to read as follows: |
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15 | 15 | | (a) Before a voter may be accepted for voting, an election |
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16 | 16 | | officer shall ask the voter if the voter's residence address on the |
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17 | 17 | | precinct list of registered voters is current and whether the voter |
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18 | 18 | | has changed residence [within the county]. If the voter's address |
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19 | 19 | | is omitted from the precinct list under Section 18.005(c), the |
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20 | 20 | | officer shall ask the voter if the voter's residence, if listed, on |
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21 | 21 | | identification presented by the voter under Section 63.001(b) is |
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22 | 22 | | current and whether the voter has changed residence [within the |
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23 | 23 | | county]. |
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24 | 24 | | (b-1) If the voter's address is not current because the |
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25 | 25 | | voter has changed residence to a different county within 30 days of |
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26 | 26 | | the date of the election, the voter may vote, if otherwise eligible, |
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27 | 27 | | in the election precinct in which the voter is registered. |
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28 | 28 | | (b-2) In a joint election held in accordance with Chapter |
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29 | 29 | | 271, if the voter's address is not current because the voter has |
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30 | 30 | | changed residence within the county, the voter may vote, if |
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31 | 31 | | otherwise eligible, in the election precinct in which the voter is |
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32 | 32 | | registered. A voter eligible under this subsection shall receive a |
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33 | 33 | | joint election ballot according to the voter's registered residence |
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34 | 34 | | address, notwithstanding Section 11.001(a)(2) or any other |
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35 | 35 | | provision of this code. |
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36 | 36 | | (b-3) The secretary of state shall adopt rules to ensure |
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37 | 37 | | that a voter's pending registration is not canceled due to a vote |
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38 | 38 | | cast by the voter voting under Subsection (b-1) or (b-2) in the |
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39 | 39 | | precinct in which the voter is registered. |
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40 | 40 | | SECTION 2. Section 112.002, Election Code, is amended by |
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41 | 41 | | amending Subsections (a) and (d) and adding Subsection (d-1) to |
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42 | 42 | | read as follows: |
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43 | 43 | | (a) After changing residence to another county, a person is |
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44 | 44 | | eligible to vote a limited ballot by personal appearance during the |
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45 | 45 | | early voting period, on election day, or by mail if: |
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46 | 46 | | (1) the person would have been eligible to vote in the |
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47 | 47 | | county of former residence on election day if still residing in that |
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48 | 48 | | county; |
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49 | 49 | | (2) the person is registered to vote in the county of |
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50 | 50 | | former residence at the time the person: |
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51 | 51 | | (A) offers to vote in the county of new |
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52 | 52 | | residence; or |
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53 | 53 | | (B) submitted a voter registration application |
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54 | 54 | | in the county of new residence; [and] |
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55 | 55 | | (3) a voter registration for the person in the county |
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56 | 56 | | of new residence is not effective on or before election day; and |
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57 | 57 | | (4) for a person voting on election day, the person |
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58 | 58 | | changed residence to the county not more than 30 days before |
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59 | 59 | | election day. |
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60 | 60 | | (d) A statement executed under Subsection (c) shall be |
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61 | 61 | | submitted: |
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62 | 62 | | (1) to an election officer at the main early voting |
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63 | 63 | | polling place, if the person is voting by personal appearance; [or] |
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64 | 64 | | (2) with the affidavit required under Subsection |
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65 | 65 | | (d-1), to a person designated by the early voting clerk at the |
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66 | 66 | | location used for the main early voting polling place, if the person |
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67 | 67 | | is voting on election day; or |
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68 | 68 | | (3) with the person's application for a ballot to be |
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69 | 69 | | voted by mail, if the person is voting by mail. |
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70 | 70 | | (d-1) A person voting on election day under this section |
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71 | 71 | | shall: |
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72 | 72 | | (1) execute an affidavit affirming that the person |
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73 | 73 | | changed residence to the county not more than 30 days before |
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74 | 74 | | election day; and |
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75 | 75 | | (2) submit the affidavit together with the statement |
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76 | 76 | | submitted by the person under Subsection (d). |
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77 | 77 | | SECTION 3. Section 112.004, Election Code, is amended to |
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78 | 78 | | read as follows: |
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79 | 79 | | Sec. 112.004. OFFICES AND MEASURES ON WHICH VOTER ENTITLED |
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80 | 80 | | TO VOTE. A person voting a limited ballot is entitled to vote only |
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81 | 81 | | on: |
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82 | 82 | | (1) each office and proposition stating a measure to |
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83 | 83 | | be voted on statewide; and |
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84 | 84 | | (2) if the person is not voting on election day, each |
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85 | 85 | | office and proposition stating a measure to be voted on in a |
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86 | 86 | | territorial unit of which the person was a resident both before |
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87 | 87 | | changing county of residence and after the change. |
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88 | 88 | | SECTION 4. Section 112.006, Election Code, is amended to |
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89 | 89 | | read as follows: |
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90 | 90 | | Sec. 112.006. PLACE FOR VOTING BY PERSONAL APPEARANCE OR ON |
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91 | 91 | | ELECTION DAY. A person may vote a limited ballot by personal |
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92 | 92 | | appearance only at the main early voting polling place. A person |
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93 | 93 | | may vote a limited ballot on election day only at the location of |
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94 | 94 | | the main early voting polling place. |
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95 | 95 | | SECTION 5. Section 112.010(a), Election Code, is amended to |
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96 | 96 | | read as follows: |
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97 | 97 | | (a) If early voting by personal appearance is conducted by |
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98 | 98 | | voting machine, the early voting clerk may conduct the personal |
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99 | 99 | | appearance voting of limited ballots by using official ballots for |
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100 | 100 | | early voting by mail. The early voting clerk may conduct voting of |
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101 | 101 | | limited ballots on election day at the location of the main early |
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102 | 102 | | voting polling place by using official ballots for early voting by |
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103 | 103 | | mail. |
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104 | 104 | | SECTION 6. This Act takes effect September 1, 2013. |
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