1 | 1 | | 84R15238 ADM-D |
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2 | 2 | | By: Miller of Fort Bend H.B. No. 2163 |
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3 | 3 | | Substitute the following for H.B. No. 2163: |
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4 | 4 | | By: Fallon C.S.H.B. No. 2163 |
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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 signature verification on an early voting ballot voted |
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10 | 10 | | by mail. |
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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 87.027(i), Election Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | (i) The signature verification committee shall compare the |
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15 | 15 | | signature on each carrier envelope certificate, except those signed |
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16 | 16 | | for a voter by a witness, with any two or more signatures of the |
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17 | 17 | | voter made within the preceding six years and on file with the |
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18 | 18 | | general custodian of election records or voter registrar [the |
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19 | 19 | | signature on the voter's ballot application] to determine whether |
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20 | 20 | | the signatures are those of the same person. The committee may also |
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21 | 21 | | compare the signatures with any two or more signatures of the voter |
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22 | 22 | | made before the preceding six years and on file with the general |
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23 | 23 | | custodian of election records or voter registrar [the signature on |
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24 | 24 | | the voter's registration application] to confirm that the |
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25 | 25 | | signatures are those of the same person but may not use the |
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26 | 26 | | signatures [registration application signature] to determine that |
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27 | 27 | | the signatures are not those of the same person. Except as provided |
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28 | 28 | | by Subsection (l), a determination under this subsection that the |
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29 | 29 | | signatures are not those of the same person must be made by a |
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30 | 30 | | majority vote of the committee's membership. The committee shall |
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31 | 31 | | place the jacket envelopes, carrier envelopes, and applications of |
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32 | 32 | | voters whose signatures are not those of the same person in separate |
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33 | 33 | | containers from those of voters whose signatures are those of the |
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34 | 34 | | same person. The committee chair shall deliver the sorted |
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35 | 35 | | materials to the early voting ballot board at the time specified by |
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36 | 36 | | the board's presiding judge. |
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37 | 37 | | SECTION 2. Section 87.041, Election Code, is amended by |
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38 | 38 | | amending Subsection (e) and adding Subsection (e-1) to read as |
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39 | 39 | | follows: |
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40 | 40 | | (e) In making the determination under Subsection (b)(2), |
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41 | 41 | | the board may also compare the signatures with any two or more |
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42 | 42 | | signatures of the voter made within the preceding six years and on |
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43 | 43 | | file with the general custodian of election records or voter |
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44 | 44 | | registrar to determine if [confirm that] the signatures are those |
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45 | 45 | | of the same person [but may not use the signatures to determine that |
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46 | 46 | | the signatures are not those of the same person]. |
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47 | 47 | | (e-1) In making the determination under Subsection (b)(2), |
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48 | 48 | | the board may also compare the signatures with any two or more |
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49 | 49 | | signatures of the voter made before the preceding six years and on |
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50 | 50 | | file with the general custodian of election records or voter |
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51 | 51 | | registrar to confirm that the signatures are those of the same |
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52 | 52 | | person but may not use the signatures to determine that the |
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53 | 53 | | signatures are not those of the same person. |
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54 | 54 | | SECTION 3. This Act takes effect immediately if it receives |
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55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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58 | 58 | | Act takes effect September 1, 2015. |
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