| 1 | 1 | | 84R10151 JRJ-D |
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| 2 | 2 | | By: Garcia S.B. No. 1489 |
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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 information regarding provisional voting. |
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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. Section 63.001(g), Election Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (g) If the requirements for identification prescribed by |
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| 12 | 12 | | Subsection (b) are not met, the voter may be accepted for |
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| 13 | 13 | | provisional voting only under Section 63.011. For a voter who is |
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| 14 | 14 | | not accepted for voting under this section, an election officer |
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| 15 | 15 | | shall: |
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| 16 | 16 | | (1) inform the voter of the voter's right to cast a |
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| 17 | 17 | | provisional ballot under Section 63.011 and provide the voter with |
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| 18 | 18 | | the declination of provisional ballot form described by Section |
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| 19 | 19 | | 63.010(b); and |
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| 20 | 20 | | (2) provide the voter with written information, in a |
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| 21 | 21 | | form prescribed by the secretary of state, that: |
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| 22 | 22 | | (A) lists the requirements for identification; |
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| 23 | 23 | | (B) states the procedure for presenting |
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| 24 | 24 | | identification under Section 65.0541; |
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| 25 | 25 | | (C) includes a map showing the location where |
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| 26 | 26 | | identification must be presented; and |
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| 27 | 27 | | (D) includes notice that if all procedures are |
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| 28 | 28 | | followed and the voter is found to be eligible to vote and is voting |
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| 29 | 29 | | in the correct precinct, the voter's provisional ballot will be |
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| 30 | 30 | | accepted. |
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| 31 | 31 | | SECTION 2. Chapter 63, Election Code, is amended by adding |
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| 32 | 32 | | Section 63.010 to read as follows: |
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| 33 | 33 | | Sec. 63.010. DECLINATION OF PROVISIONAL BALLOT FORM. |
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| 34 | 34 | | (a) An election officer shall ensure that a declination of a |
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| 35 | 35 | | provisional ballot is executed for each person who is informed of |
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| 36 | 36 | | the person's right to cast a provisional ballot under Section |
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| 37 | 37 | | 63.001(g). |
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| 38 | 38 | | (b) The officially prescribed form for a declination of a |
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| 39 | 39 | | provisional ballot must include: |
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| 40 | 40 | | (1) spaces to indicate the reason the voter may only |
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| 41 | 41 | | vote provisionally and the date; |
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| 42 | 42 | | (2) the following question, followed by appropriate |
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| 43 | 43 | | boxes preceding "YES" and "NO": "If you have not been accepted for |
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| 44 | 44 | | voting a regular ballot, would you like to vote a provisional ballot |
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| 45 | 45 | | today?"; |
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| 46 | 46 | | (3) the statement: "IF YOU HAVE NOT CHECKED EITHER |
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| 47 | 47 | | BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO VOTE A |
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| 48 | 48 | | PROVISIONAL BALLOT."; and |
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| 49 | 49 | | (4) a space for indicating that the voter refused to |
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| 50 | 50 | | complete the declination. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2015. |
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