1 | 1 | | 84R8620 JRJ-D |
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2 | 2 | | By: Miller of Fort Bend H.B. No. 2098 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the requirements for an application to vote an early |
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8 | 8 | | voting ballot by mail. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 63.0101, Election Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. |
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13 | 13 | | (a) The following documentation is an acceptable form of photo |
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14 | 14 | | identification under this chapter: |
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15 | 15 | | (1) a driver's license, election identification |
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16 | 16 | | certificate, or personal identification card issued to the person |
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17 | 17 | | by the Department of Public Safety that has not expired or that |
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18 | 18 | | expired no earlier than 60 days before the date of presentation; |
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19 | 19 | | (2) a United States military identification card that |
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20 | 20 | | contains the person's photograph that has not expired or that |
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21 | 21 | | expired no earlier than 60 days before the date of presentation; |
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22 | 22 | | (3) a United States citizenship certificate issued to |
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23 | 23 | | the person that contains the person's photograph; |
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24 | 24 | | (4) a United States passport issued to the person that |
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25 | 25 | | has not expired or that expired no earlier than 60 days before the |
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26 | 26 | | date of presentation; or |
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27 | 27 | | (5) a license to carry a concealed handgun issued to |
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28 | 28 | | the person by the Department of Public Safety that has not expired |
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29 | 29 | | or that expired no earlier than 60 days before the date of |
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30 | 30 | | presentation. |
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31 | 31 | | (b) If a person is 65 years of age or older, an expired |
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32 | 32 | | driver's license or personal identification card issued to the |
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33 | 33 | | person by the Department of Public Safety is an acceptable form of |
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34 | 34 | | identification for the purpose of applying for a ballot to be voted |
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35 | 35 | | by mail under Chapter 84. |
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36 | 36 | | SECTION 2. Section 84.002(a), Election Code, is amended to |
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37 | 37 | | read as follows: |
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38 | 38 | | (a) An early voting ballot application must include: |
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39 | 39 | | (1) the applicant's name, [and] the address at which |
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40 | 40 | | the applicant is registered to vote, and, if the applicant is |
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41 | 41 | | applying for a ballot to be voted by mail for the first time, a copy |
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42 | 42 | | of one form of identification described by Section 63.0101; |
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43 | 43 | | (2) for an application for a ballot to be voted by mail |
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44 | 44 | | on the ground of absence from the county of residence, the address |
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45 | 45 | | outside the applicant's county of residence to which the ballot is |
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46 | 46 | | to be mailed; |
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47 | 47 | | (3) for an application for a ballot to be voted by mail |
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48 | 48 | | on the ground of age or disability, the address of the hospital, |
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49 | 49 | | nursing home or other long-term care facility, or retirement |
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50 | 50 | | center, or of a person related to the applicant within the second |
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51 | 51 | | degree by affinity or the third degree by consanguinity, as |
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52 | 52 | | determined under Chapter 573, Government Code, if the applicant is |
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53 | 53 | | living at that address and that address is different from the |
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54 | 54 | | address at which the applicant is registered to vote; |
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55 | 55 | | (4) for an application for a ballot to be voted by mail |
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56 | 56 | | on the ground of confinement in jail, the address of the jail or of a |
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57 | 57 | | person related to the applicant within the degree described by |
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58 | 58 | | Subdivision (3); |
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59 | 59 | | (5) for an application for a ballot to be voted by mail |
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60 | 60 | | on any ground, an indication of each election for which the |
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61 | 61 | | applicant is applying for a ballot; and |
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62 | 62 | | (6) an indication of the ground of eligibility for |
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63 | 63 | | early voting. |
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64 | 64 | | SECTION 3. Section 84.011(a), Election Code, is amended to |
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65 | 65 | | read as follows: |
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66 | 66 | | (a) The officially prescribed application form for an early |
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67 | 67 | | voting ballot must include: |
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68 | 68 | | (1) immediately preceding the signature space the |
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69 | 69 | | statement: "I certify that the information given in this |
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70 | 70 | | application is true, and I understand that giving false information |
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71 | 71 | | in this application is a crime."; |
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72 | 72 | | (2) a statement informing the applicant of the |
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73 | 73 | | offenses prescribed by Sections 84.003 and 84.004; |
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74 | 74 | | (3) spaces for entering an applicant's voter |
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75 | 75 | | registration number and county election precinct of registration, |
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76 | 76 | | with a statement informing the applicant that failure to furnish |
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77 | 77 | | that information does not invalidate the application; and |
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78 | 78 | | (4) on an application for a ballot to be voted by mail: |
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79 | 79 | | (A) a space for an applicant applying on the |
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80 | 80 | | ground of absence from the county of residence to indicate the date |
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81 | 81 | | on or after which the applicant can receive mail at the address |
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82 | 82 | | outside the county; |
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83 | 83 | | (B) a space for indicating the fact that an |
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84 | 84 | | applicant whose application is signed by a witness cannot make the |
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85 | 85 | | applicant's mark and a space for indicating the relationship or |
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86 | 86 | | lack of relationship of the witness to the applicant; |
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87 | 87 | | (C) a space for entering an applicant's telephone |
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88 | 88 | | number, with a statement informing the applicant that failure to |
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89 | 89 | | furnish that information does not invalidate the application; |
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90 | 90 | | (D) a space or box for an applicant applying on |
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91 | 91 | | the ground of age or disability to indicate that the address to |
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92 | 92 | | which the ballot is to be mailed is the address of a facility or |
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93 | 93 | | relative described by Section 84.002(a)(3), if applicable; |
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94 | 94 | | (E) a space or box for an applicant applying on |
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95 | 95 | | the ground of confinement in jail to indicate that the address to |
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96 | 96 | | which the ballot is to be mailed is the address of a relative |
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97 | 97 | | described by Section 84.002(a)(4), if applicable; |
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98 | 98 | | (F) spaces for entering the signature, printed |
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99 | 99 | | name, and residence address of any person assisting the applicant; |
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100 | 100 | | (G) a statement informing the applicant of the |
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101 | 101 | | condition prescribed by Section 81.005; [and] |
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102 | 102 | | (H) a statement informing the applicant of the |
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103 | 103 | | requirement prescribed by Section 86.003(c); and |
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104 | 104 | | (I) a statement informing the applicant of the |
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105 | 105 | | requirement that the applicant include a copy of one form of |
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106 | 106 | | identification described by Section 63.0101 if the applicant is |
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107 | 107 | | applying for a ballot to be voted by mail for the first time. |
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108 | 108 | | SECTION 4. Section 86.001, Election Code, is amended by |
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109 | 109 | | adding Subsection (h) to read as follows: |
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110 | 110 | | (h) The secretary of state shall by rule provide a system |
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111 | 111 | | for maintaining information regarding the provision of |
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112 | 112 | | identification with each initial application for a ballot to be |
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113 | 113 | | voted by mail. |
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114 | 114 | | SECTION 5. The changes in law made by this Act apply only to |
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115 | 115 | | an application to vote an early voting ballot by mail submitted on |
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116 | 116 | | or after the effective date of this Act. An application to vote an |
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117 | 117 | | early voting ballot by mail submitted before the effective date of |
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118 | 118 | | this Act is governed by the law in effect when the application was |
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119 | 119 | | submitted, and the former law is continued in effect for that |
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120 | 120 | | purpose. |
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121 | 121 | | SECTION 6. This Act takes effect September 1, 2015. |
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