84R5104 JRJ-F
By: RodrÃguez S.B. No. 405
A BILL TO BE ENTITLED
AN ACT
relating to voter registration at the polling place during early
voting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 12, Election Code, is
amended by adding Section 12.007 to read as follows:
Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER
REGISTRARS. An election officer serving a polling place for early
voting by personal appearance is a deputy voter registrar and has
the same authority as a regular deputy registrar.
SECTION 2. Section 65.054, Election Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsection (b-1), a [A]
provisional ballot shall be accepted if the board determines that:
(1) from the information in the affidavit or contained
in public records, the person is eligible to vote in the election
and has not previously voted in that election;
(2) the person:
(A) meets the identification requirements of
Section 63.001(b) at the time the ballot was cast or in the period
prescribed under Section 65.0541;
(B) notwithstanding Chapter 110, Civil Practice
and Remedies Code, executes an affidavit under penalty of perjury
that states the voter has a religious objection to being
photographed and the voter has consistently refused to be
photographed for any governmental purpose from the time the voter
has held this belief; or
(C) executes an affidavit under penalty of
perjury that states the voter does not have any identification
meeting the requirements of Section 63.001(b) as a result of a
natural disaster that was declared by the president of the United
States or the governor, occurred not earlier than 45 days before the
date the ballot was cast, and caused the destruction of or inability
to access the voter's identification; and
(3) the voter has not been challenged and voted a
provisional ballot solely because the voter did not meet the
requirements for identification prescribed by Section 63.001(b).
(b-1) A provisional ballot cast under Section 85.0312 shall
be accepted if the voter registrar determines the applicant is
eligible for registration under Section 85.0312(d).
SECTION 3. Subchapter B, Chapter 85, Election Code, is
amended by adding Section 85.0312 to read as follows:
Sec. 85.0312. REGISTRATION AT POLLING PLACE DURING EARLY
VOTING. (a) A person who would be eligible to vote in an election
under Section 11.001, but for the requirement to be a registered
voter, shall be accepted during early voting by personal appearance
for voting the ballot for the precinct of the person's residence as
shown by the identification presented if, on the day the person
offers to vote, the person:
(1) submits a voter registration application that
complies with Section 13.002 to an election officer at the polling
place; and
(2) presents as proof of residence a photo
identification under Section 63.0101(a) that states the person's
current address on the day the person seeks to vote.
(b) The election officer shall return the original proof of
residence to the voter.
(c) A person voting under this section shall vote a
provisional ballot in the manner provided by Section 63.011 except
that the person is not required to submit the affidavit under
Section 63.011(a).
(d) For each registration corresponding to a ballot cast
under this section, the voter registrar shall review the
application and determine whether the applicant is eligible for
registration as provided by Subchapter C, Chapter 13. The
registrar shall inform the early voting ballot board of a
determination made under this subsection. A registration approved
under this subsection takes effect on the date the vote was cast.
(e) The secretary of state may by rule prescribe procedures
to implement this section.
(f) An authority holding an election that does not include a
statewide or federal election is not required to comply with this
section.
SECTION 4. This Act takes effect September 1, 2015.