| 6 | 3 | | |
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| 7 | 4 | | |
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| 8 | 5 | | A BILL TO BE ENTITLED |
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| 9 | 6 | | AN ACT |
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| 10 | 7 | | relating to the requirements pertaining to a ballot to be voted by |
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| 11 | 8 | | mail and materials accompanying the official carrier envelope. |
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| 12 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 10 | | SECTION 1. Sections 86.013(c), (d), and (g), Election Code, |
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| 14 | 11 | | are amended to read as follows: |
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| 15 | 12 | | (c) A certificate in substantially the following form must |
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| 16 | 13 | | be printed on the reverse side of the official carrier envelope in a |
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| 17 | 14 | | manner that requires the voter to sign across the flap of the |
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| 18 | 15 | | envelope: |
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| 19 | 16 | | "I certify that the enclosed ballot expresses my wishes |
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| 20 | 17 | | independent of any dictation or undue persuasion by any person. |
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| 21 | 18 | | ________________________________ |
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| 22 | 19 | | Signature of voter |
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| 23 | 20 | | By: ____________________________ |
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| 24 | 21 | | Signature of person assisting |
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| 25 | 22 | | voter, if applicable (see Ballot |
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| 26 | 23 | | Envelope and separate sheet |
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| 27 | 24 | | accompanying Carrier Envelope for |
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| 28 | 25 | | restrictions and penalties) |
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| 29 | 26 | | ________________________________ |
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| 30 | 27 | | Printed name of person assisting |
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| 31 | 28 | | voter, if applicable |
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| 32 | 29 | | ________________________________ |
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| 33 | 30 | | Residence address of person |
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| 34 | 31 | | assisting voter, if applicable" |
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| 35 | 32 | | The space provided for the voter's signature must be located in a |
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| 36 | 33 | | box that is at least one inch by three inches, and "Signature of |
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| 37 | 34 | | Voter" and "Sign Over the Sealed Flap" must be printed in bold type. |
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| 38 | 35 | | (d) The following textual material, as prescribed by the |
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| 39 | 36 | | secretary of state, must be printed [on the reverse side of the |
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| 40 | 37 | | official carrier envelope or] on a separate sheet accompanying the |
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| 41 | 38 | | carrier envelope [when it is provided]: |
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| 42 | 39 | | (1) the prohibition prescribed by Section 86.006(b); |
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| 43 | 40 | | (2) the conditions for delivery by common or contract |
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| 44 | 41 | | carrier prescribed by Sections 81.005 and 86.006; |
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| 45 | 42 | | (3) the requirements for the legal execution and |
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| 46 | 43 | | delivery of the carrier envelope, including the prohibition on |
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| 47 | 44 | | compensation for depositing carrier envelopes containing ballots |
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| 48 | 45 | | voted by other persons under Section 86.0052; |
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| 49 | 46 | | (4) the prohibition prescribed by Section 86.006(e); |
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| 50 | 47 | | and |
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| 51 | 48 | | (5) the offenses prescribed by Sections 86.006(f) and |
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| 52 | 49 | | 86.010(f). |
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| 53 | 50 | | (g) The secretary of state by rule shall require that a |
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| 54 | 51 | | notice informing voters of the telephone number established under |
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| 55 | 52 | | Section 31.0055 and the purpose of the telephone number be printed |
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| 56 | 53 | | on[: |
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| 57 | 54 | | [(1) the official carrier envelope; or |
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| 58 | 55 | | [(2)] an insert enclosed with the balloting materials |
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| 59 | 56 | | for voting by mail sent to the voter. |
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| 60 | 57 | | SECTION 2. Section 87.041, Election Code, is amended by |
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| 61 | 58 | | adding Subsection (g) to read as follows: |
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| 62 | 59 | | (g) The board may not reject a ballot solely on the grounds |
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| 63 | 60 | | that a signature on the carrier envelope certificate is not located |
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| 64 | 61 | | entirely in the space provided for the signature. |
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| 65 | | - | SECTION 3. The changes in law made by this Act apply only to |
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| 66 | | - | an election ordered on or after the effective date of this Act. An |
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| 67 | | - | election ordered before the effective date of this Act is governed |
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| 68 | | - | by the law in effect when the election was ordered, and the former |
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| 69 | | - | law is continued in effect for that purpose. |
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| 62 | + | SECTION 3. (a) Subject to Subsection (b) of this section, |
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| 63 | + | the changes in law made by this Act apply only to an election |
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| 64 | + | ordered on or after the effective date of this Act. An election |
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| 65 | + | ordered before the effective date of this Act is governed by the law |
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| 66 | + | in effect when the election was ordered, and the former law is |
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| 67 | + | continued in effect for that purpose. |
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| 68 | + | (b) An authority may continue to use balloting materials |
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| 69 | + | procured before the effective date of this Act that complied with |
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| 70 | + | applicable law on the date the materials were procured. |
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