83R23436 ADM-F
By: Wu H.B. No. 3081
Substitute the following for H.B. No. 3081:
By: Wu C.S.H.B. No. 3081
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for a person who has recently moved to
vote in the precinct of the person's former or current residence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 63.0011, Election Code, is amended by
amending Subsection (a) and adding Subsections (b-1), (b-2), and
(b-3) to read as follows:
(a) Before a voter may be accepted for voting, an election
officer shall ask the voter if the voter's residence address on the
precinct list of registered voters is current and whether the voter
has changed residence [within the county]. If the voter's address
is omitted from the precinct list under Section 18.005(c), the
officer shall ask the voter if the voter's residence, if listed, on
identification presented by the voter under Section 63.001(b) is
current and whether the voter has changed residence [within the
county].
(b-1) If the voter's address is not current because the
voter has changed residence to a different county within 30 days of
the date of the election, the voter may vote, if otherwise eligible,
in the election precinct in which the voter is registered.
(b-2) In a joint election held in accordance with Chapter
271, if the voter's address is not current because the voter has
changed residence within the county, the voter may vote, if
otherwise eligible, in the election precinct in which the voter is
registered. A voter eligible under this subsection shall receive a
joint election ballot according to the voter's registered residence
address, notwithstanding Section 11.001(a)(2) or any other
provision of this code.
(b-3) The secretary of state shall adopt rules to ensure
that a voter's pending registration is not canceled due to a vote
cast by the voter voting under Subsection (b-1) or (b-2) in the
precinct in which the voter is registered.
SECTION 2. Section 112.002, Election Code, is amended by
amending Subsections (a) and (d) and adding Subsection (d-1) to
read as follows:
(a) After changing residence to another county, a person is
eligible to vote a limited ballot by personal appearance during the
early voting period, on election day, or by mail if:
(1) the person would have been eligible to vote in the
county of former residence on election day if still residing in that
county;
(2) the person is registered to vote in the county of
former residence at the time the person:
(A) offers to vote in the county of new
residence; or
(B) submitted a voter registration application
in the county of new residence; [and]
(3) a voter registration for the person in the county
of new residence is not effective on or before election day; and
(4) for a person voting on election day, the person
changed residence to the county not more than 30 days before
election day.
(d) A statement executed under Subsection (c) shall be
submitted:
(1) to an election officer at the main early voting
polling place, if the person is voting by personal appearance; [or]
(2) with the affidavit required under Subsection
(d-1), to a person designated by the early voting clerk at the
location used for the main early voting polling place, if the person
is voting on election day; or
(3) with the person's application for a ballot to be
voted by mail, if the person is voting by mail.
(d-1) A person voting on election day under this section
shall:
(1) execute an affidavit affirming that the person
changed residence to the county not more than 30 days before
election day; and
(2) submit the affidavit together with the statement
submitted by the person under Subsection (d).
SECTION 3. Section 112.004, Election Code, is amended to
read as follows:
Sec. 112.004. OFFICES AND MEASURES ON WHICH VOTER ENTITLED
TO VOTE. A person voting a limited ballot is entitled to vote only
on:
(1) each office and proposition stating a measure to
be voted on statewide; and
(2) if the person is not voting on election day, each
office and proposition stating a measure to be voted on in a
territorial unit of which the person was a resident both before
changing county of residence and after the change.
SECTION 4. Section 112.006, Election Code, is amended to
read as follows:
Sec. 112.006. PLACE FOR VOTING BY PERSONAL APPEARANCE OR ON
ELECTION DAY. A person may vote a limited ballot by personal
appearance only at the main early voting polling place. A person
may vote a limited ballot on election day only at the location of
the main early voting polling place.
SECTION 5. Section 112.010(a), Election Code, is amended to
read as follows:
(a) If early voting by personal appearance is conducted by
voting machine, the early voting clerk may conduct the personal
appearance voting of limited ballots by using official ballots for
early voting by mail. The early voting clerk may conduct voting of
limited ballots on election day at the location of the main early
voting polling place by using official ballots for early voting by
mail.
SECTION 6. This Act takes effect September 1, 2013.