84R10151 JRJ-D
By: Garcia S.B. No. 1489
A BILL TO BE ENTITLED
AN ACT
relating to information regarding provisional voting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 63.001(g), Election Code, is amended to
read as follows:
(g) If the requirements for identification prescribed by
Subsection (b) are not met, the voter may be accepted for
provisional voting only under Section 63.011. For a voter who is
not accepted for voting under this section, an election officer
shall:
(1) inform the voter of the voter's right to cast a
provisional ballot under Section 63.011 and provide the voter with
the declination of provisional ballot form described by Section
63.010(b); and
(2) provide the voter with written information, in a
form prescribed by the secretary of state, that:
(A) lists the requirements for identification;
(B) states the procedure for presenting
identification under Section 65.0541;
(C) includes a map showing the location where
identification must be presented; and
(D) includes notice that if all procedures are
followed and the voter is found to be eligible to vote and is voting
in the correct precinct, the voter's provisional ballot will be
accepted.
SECTION 2. Chapter 63, Election Code, is amended by adding
Section 63.010 to read as follows:
Sec. 63.010. DECLINATION OF PROVISIONAL BALLOT FORM.
(a) An election officer shall ensure that a declination of a
provisional ballot is executed for each person who is informed of
the person's right to cast a provisional ballot under Section
63.001(g).
(b) The officially prescribed form for a declination of a
provisional ballot must include:
(1) spaces to indicate the reason the voter may only
vote provisionally and the date;
(2) the following question, followed by appropriate
boxes preceding "YES" and "NO": "If you have not been accepted for
voting a regular ballot, would you like to vote a provisional ballot
today?";
(3) the statement: "IF YOU HAVE NOT CHECKED EITHER
BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO VOTE A
PROVISIONAL BALLOT."; and
(4) a space for indicating that the voter refused to
complete the declination.
SECTION 3. This Act takes effect September 1, 2015.