Texas 2013 - 83rd Regular

Texas House Bill HB3081 Compare Versions

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11 83R23436 ADM-F
22 By: Wu H.B. No. 3081
33 Substitute the following for H.B. No. 3081:
44 By: Wu C.S.H.B. No. 3081
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the requirements for a person who has recently moved to
1010 vote in the precinct of the person's former or current residence.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 63.0011, Election Code, is amended by
1313 amending Subsection (a) and adding Subsections (b-1), (b-2), and
1414 (b-3) to read as follows:
1515 (a) Before a voter may be accepted for voting, an election
1616 officer shall ask the voter if the voter's residence address on the
1717 precinct list of registered voters is current and whether the voter
1818 has changed residence [within the county]. If the voter's address
1919 is omitted from the precinct list under Section 18.005(c), the
2020 officer shall ask the voter if the voter's residence, if listed, on
2121 identification presented by the voter under Section 63.001(b) is
2222 current and whether the voter has changed residence [within the
2323 county].
2424 (b-1) If the voter's address is not current because the
2525 voter has changed residence to a different county within 30 days of
2626 the date of the election, the voter may vote, if otherwise eligible,
2727 in the election precinct in which the voter is registered.
2828 (b-2) In a joint election held in accordance with Chapter
2929 271, if the voter's address is not current because the voter has
3030 changed residence within the county, the voter may vote, if
3131 otherwise eligible, in the election precinct in which the voter is
3232 registered. A voter eligible under this subsection shall receive a
3333 joint election ballot according to the voter's registered residence
3434 address, notwithstanding Section 11.001(a)(2) or any other
3535 provision of this code.
3636 (b-3) The secretary of state shall adopt rules to ensure
3737 that a voter's pending registration is not canceled due to a vote
3838 cast by the voter voting under Subsection (b-1) or (b-2) in the
3939 precinct in which the voter is registered.
4040 SECTION 2. Section 112.002, Election Code, is amended by
4141 amending Subsections (a) and (d) and adding Subsection (d-1) to
4242 read as follows:
4343 (a) After changing residence to another county, a person is
4444 eligible to vote a limited ballot by personal appearance during the
4545 early voting period, on election day, or by mail if:
4646 (1) the person would have been eligible to vote in the
4747 county of former residence on election day if still residing in that
4848 county;
4949 (2) the person is registered to vote in the county of
5050 former residence at the time the person:
5151 (A) offers to vote in the county of new
5252 residence; or
5353 (B) submitted a voter registration application
5454 in the county of new residence; [and]
5555 (3) a voter registration for the person in the county
5656 of new residence is not effective on or before election day; and
5757 (4) for a person voting on election day, the person
5858 changed residence to the county not more than 30 days before
5959 election day.
6060 (d) A statement executed under Subsection (c) shall be
6161 submitted:
6262 (1) to an election officer at the main early voting
6363 polling place, if the person is voting by personal appearance; [or]
6464 (2) with the affidavit required under Subsection
6565 (d-1), to a person designated by the early voting clerk at the
6666 location used for the main early voting polling place, if the person
6767 is voting on election day; or
6868 (3) with the person's application for a ballot to be
6969 voted by mail, if the person is voting by mail.
7070 (d-1) A person voting on election day under this section
7171 shall:
7272 (1) execute an affidavit affirming that the person
7373 changed residence to the county not more than 30 days before
7474 election day; and
7575 (2) submit the affidavit together with the statement
7676 submitted by the person under Subsection (d).
7777 SECTION 3. Section 112.004, Election Code, is amended to
7878 read as follows:
7979 Sec. 112.004. OFFICES AND MEASURES ON WHICH VOTER ENTITLED
8080 TO VOTE. A person voting a limited ballot is entitled to vote only
8181 on:
8282 (1) each office and proposition stating a measure to
8383 be voted on statewide; and
8484 (2) if the person is not voting on election day, each
8585 office and proposition stating a measure to be voted on in a
8686 territorial unit of which the person was a resident both before
8787 changing county of residence and after the change.
8888 SECTION 4. Section 112.006, Election Code, is amended to
8989 read as follows:
9090 Sec. 112.006. PLACE FOR VOTING BY PERSONAL APPEARANCE OR ON
9191 ELECTION DAY. A person may vote a limited ballot by personal
9292 appearance only at the main early voting polling place. A person
9393 may vote a limited ballot on election day only at the location of
9494 the main early voting polling place.
9595 SECTION 5. Section 112.010(a), Election Code, is amended to
9696 read as follows:
9797 (a) If early voting by personal appearance is conducted by
9898 voting machine, the early voting clerk may conduct the personal
9999 appearance voting of limited ballots by using official ballots for
100100 early voting by mail. The early voting clerk may conduct voting of
101101 limited ballots on election day at the location of the main early
102102 voting polling place by using official ballots for early voting by
103103 mail.
104104 SECTION 6. This Act takes effect September 1, 2013.