Texas 2015 - 84th Regular

Texas Senate Bill SB405 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5104 JRJ-F
2	2	By: Rodríguez S.B. No. 405
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to voter registration at the polling place during early
8	8	voting.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 12, Election Code, is
11	11	amended by adding Section 12.007 to read as follows:
12	12	Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER
13	13	REGISTRARS. An election officer serving a polling place for early
14	14	voting by personal appearance is a deputy voter registrar and has
15	15	the same authority as a regular deputy registrar.
16	16	SECTION 2. Section 65.054, Election Code, is amended by
17	17	amending Subsection (b) and adding Subsection (b-1) to read as
18	18	follows:
19	19	(b) Except as provided by Subsection (b-1), a [A]
20	20	provisional ballot shall be accepted if the board determines that:
21	21	(1) from the information in the affidavit or contained
22	22	in public records, the person is eligible to vote in the election
23	23	and has not previously voted in that election;
24	24	(2) the person:
25	25	(A) meets the identification requirements of
26	26	Section 63.001(b) at the time the ballot was cast or in the period
27	27	prescribed under Section 65.0541;
28	28	(B) notwithstanding Chapter 110, Civil Practice
29	29	and Remedies Code, executes an affidavit under penalty of perjury
30	30	that states the voter has a religious objection to being
31	31	photographed and the voter has consistently refused to be
32	32	photographed for any governmental purpose from the time the voter
33	33	has held this belief; or
34	34	(C) executes an affidavit under penalty of
35	35	perjury that states the voter does not have any identification
36	36	meeting the requirements of Section 63.001(b) as a result of a
37	37	natural disaster that was declared by the president of the United
38	38	States or the governor, occurred not earlier than 45 days before the
39	39	date the ballot was cast, and caused the destruction of or inability
40	40	to access the voter's identification; and
41	41	(3) the voter has not been challenged and voted a
42	42	provisional ballot solely because the voter did not meet the
43	43	requirements for identification prescribed by Section 63.001(b).
44	44	(b-1) A provisional ballot cast under Section 85.0312 shall
45	45	be accepted if the voter registrar determines the applicant is
46	46	eligible for registration under Section 85.0312(d).
47	47	SECTION 3. Subchapter B, Chapter 85, Election Code, is
48	48	amended by adding Section 85.0312 to read as follows:
49	49	Sec. 85.0312. REGISTRATION AT POLLING PLACE DURING EARLY
50	50	VOTING. (a) A person who would be eligible to vote in an election
51	51	under Section 11.001, but for the requirement to be a registered
52	52	voter, shall be accepted during early voting by personal appearance
53	53	for voting the ballot for the precinct of the person's residence as
54	54	shown by the identification presented if, on the day the person
55	55	offers to vote, the person:
56	56	(1) submits a voter registration application that
57	57	complies with Section 13.002 to an election officer at the polling
58	58	place; and
59	59	(2) presents as proof of residence a photo
60	60	identification under Section 63.0101(a) that states the person's
61	61	current address on the day the person seeks to vote.
62	62	(b) The election officer shall return the original proof of
63	63	residence to the voter.
64	64	(c) A person voting under this section shall vote a
65	65	provisional ballot in the manner provided by Section 63.011 except
66	66	that the person is not required to submit the affidavit under
67	67	Section 63.011(a).
68	68	(d) For each registration corresponding to a ballot cast
69	69	under this section, the voter registrar shall review the
70	70	application and determine whether the applicant is eligible for
71	71	registration as provided by Subchapter C, Chapter 13. The
72	72	registrar shall inform the early voting ballot board of a
73	73	determination made under this subsection. A registration approved
74	74	under this subsection takes effect on the date the vote was cast.
75	75	(e) The secretary of state may by rule prescribe procedures
76	76	to implement this section.
77	77	(f) An authority holding an election that does not include a
78	78	statewide or federal election is not required to comply with this
79	79	section.
80	80	SECTION 4. This Act takes effect September 1, 2015.