1 | 1 | | By: Martinez Fischer H.B. No. 111 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to providing for voter registration at a polling place |
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7 | 7 | | during early voting by personal appearance and related procedures. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Subchapter A, Chapter 12, Election Code, is |
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10 | 10 | | amended by adding Section 12.007 to read as follows: |
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11 | 11 | | Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER |
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12 | 12 | | REGISTRARS. An election officer serving a polling place for early |
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13 | 13 | | voting by personal appearance is a deputy voter registrar and has |
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14 | 14 | | the same authority as a regular deputy registrar. |
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15 | 15 | | SECTION 2. Section 65.051(a), Election Code, is amended to |
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16 | 16 | | read as follows: |
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17 | 17 | | (a) The early voting ballot board shall verify and count |
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18 | 18 | | provisional ballots as provided by this subchapter not later than |
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19 | 19 | | the 10th [seventh] day after the date of an election. |
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20 | 20 | | SECTION 3. Section 65.054, Election Code, is amended by |
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21 | 21 | | amending Subsection (b) and adding Subsection (b-1) to read as |
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22 | 22 | | follows: |
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23 | 23 | | (b) Except as provided by Subsection (b-1), a [A] |
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24 | 24 | | provisional ballot may be accepted only if the board determines |
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25 | 25 | | that, from the information in the affidavit or contained in public |
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26 | 26 | | records, the person is eligible to vote in the election and has not |
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27 | 27 | | previously voted in that election. |
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28 | 28 | | (b-1) A provisional ballot cast under Section 85.0312 shall |
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29 | 29 | | be accepted if the voter registrar determines the applicant is |
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30 | 30 | | eligible for registration under Section 85.0312(d). |
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31 | 31 | | SECTION 4. Section 67.003, Election Code, is amended to |
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32 | 32 | | read as follows: |
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33 | 33 | | Sec. 67.003. TIME FOR LOCAL CANVASS. (a) Except as |
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34 | 34 | | provided by Subsection (b), each local canvassing authority shall |
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35 | 35 | | convene to conduct the local canvass at the time set by the |
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36 | 36 | | canvassing authority's presiding officer not earlier than the 11th |
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37 | 37 | | [eighth] day or later than the 14th [11th] day after election day. |
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38 | 38 | | (b) For an election held on the uniform election date in |
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39 | 39 | | May, the local canvass must occur not later than the 14th [11th] day |
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40 | 40 | | after election day and not earlier than the later of: |
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41 | 41 | | (1) the third day after election day; |
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42 | 42 | | (2) the date on which the early voting ballot board has |
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43 | 43 | | verified and counted all provisional ballots, if a provisional |
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44 | 44 | | ballot has been cast in the election; or |
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45 | 45 | | (3) the date on which all timely received ballots cast |
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46 | 46 | | from addresses outside of the United States are counted, if a ballot |
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47 | 47 | | to be voted by mail in the election was provided to a person outside |
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48 | 48 | | of the United States. |
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49 | 49 | | SECTION 5. Subchapter B, Chapter 85, Election Code, is |
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50 | 50 | | amended by adding Section 85.0312 to read as follows: |
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51 | 51 | | Sec. 85.0312. REGISTRATION AT POLLING PLACE DURING EARLY |
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52 | 52 | | VOTING WITH PRESENTATION OF PHOTO IDENTIFICATION. (a) A person who |
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53 | 53 | | would be eligible to vote in an election under Section 11.001, but |
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54 | 54 | | for the requirement to be a registered voter, shall be accepted |
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55 | 55 | | during early voting by personal appearance for voting the ballot |
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56 | 56 | | for the precinct of the person's residence as shown by the |
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57 | 57 | | identification presented if, on the day the person offers to vote, |
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58 | 58 | | the person: |
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59 | 59 | | (1) submits a voter registration application that |
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60 | 60 | | complies with Section 13.002 to an election officer at the polling |
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61 | 61 | | place; and |
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62 | 62 | | (2) presents as proof of residence a photo |
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63 | 63 | | identification under Section 63.0101(a) that states the person's |
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64 | 64 | | current address on the day the person seeks to vote. |
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65 | 65 | | (b) The election officer shall return the original proof of |
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66 | 66 | | residence to the voter. |
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67 | 67 | | (c) A person voting under this section shall vote a |
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68 | 68 | | provisional ballot in the manner provided by Section 63.011 except |
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69 | 69 | | that the person is not required to submit the affidavit under |
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70 | 70 | | Section 63.011(a). |
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71 | 71 | | (d) For each registration corresponding to a ballot cast |
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72 | 72 | | under this section, the voter registrar shall review the |
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73 | 73 | | application and determine whether the applicant is eligible for |
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74 | 74 | | registration as provided by Subchapter C, Chapter 13. The |
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75 | 75 | | registrar shall inform the early voting ballot board of a |
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76 | 76 | | determination made under this subsection. A registration approved |
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77 | 77 | | under this subsection takes effect on the date the vote was cast. |
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78 | 78 | | (e) The secretary of state may by rule: |
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79 | 79 | | (1) designate additional documents that a person may |
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80 | 80 | | offer to prove the person's residence to register and vote under |
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81 | 81 | | this section; and |
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82 | 82 | | (2) prescribe procedures to implement this section. |
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83 | 83 | | (f) An authority holding an election that does not include a |
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84 | 84 | | statewide or federal election is not required to comply with this |
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85 | 85 | | section. |
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86 | 86 | | SECTION 6. This Act takes effect September 1, 2015 |
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87 | 87 | | . |
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