1 | 1 | | 84R9484 ADM-D |
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2 | 2 | | By: Ellis S.B. No. 990 |
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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 the protection of voting rights in the State of Texas; |
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8 | 8 | | creating a criminal offense. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. This Act may be cited as the Texas Voting Rights |
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11 | 11 | | Act of 2015. |
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12 | 12 | | SECTION 2. Section 13.001(b), Election Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | (b) To be eligible to apply for registration, a person must, |
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15 | 15 | | on the date the registration application is submitted to the |
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16 | 16 | | registrar, be at least 16 [17] years [and 10 months] of age and |
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17 | 17 | | satisfy the requirements of Subsection (a) except for age. |
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18 | 18 | | SECTION 3. Section 13.002(e), Election Code, is amended to |
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19 | 19 | | read as follows: |
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20 | 20 | | (e) Notwithstanding Section 82.005, a [A] person who is |
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21 | 21 | | certified for participation in the address confidentiality program |
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22 | 22 | | administered by the attorney general under Subchapter C, Chapter |
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23 | 23 | | 56, Code of Criminal Procedure, is not eligible for early voting by |
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24 | 24 | | mail [under Section 82.007] unless the person submits an |
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25 | 25 | | application under this section by personal delivery. The secretary |
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26 | 26 | | of state may adopt rules to implement this subsection. |
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27 | 27 | | SECTION 4. Subchapter A, Chapter 13, Election Code, is |
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28 | 28 | | amended by adding Section 13.009 to read as follows: |
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29 | 29 | | Sec. 13.009. ISSUANCE OF RECEIPT. (a) This section applies |
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30 | 30 | | only to a completed registration application that is submitted by |
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31 | 31 | | the applicant in person to a voter registrar, deputy registrar, or |
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32 | 32 | | volunteer deputy registrar or a voter registration agency |
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33 | 33 | | designated under Chapter 20. This section does not apply to a |
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34 | 34 | | completed registration application that is submitted by mail. |
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35 | 35 | | (b) On receipt of a completed registration application, the |
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36 | 36 | | person receiving the application shall prepare a receipt in |
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37 | 37 | | duplicate on a form prescribed by the secretary of state and |
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38 | 38 | | furnished by the registrar. |
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39 | 39 | | (c) The receipt must contain: |
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40 | 40 | | (1) the name of the applicant and, if applicable, the |
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41 | 41 | | name of the applicant's agent; and |
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42 | 42 | | (2) the date the completed application is submitted. |
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43 | 43 | | (d) The person receiving the application shall sign the |
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44 | 44 | | receipt in the applicant's presence and shall give the original to |
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45 | 45 | | the applicant. |
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46 | 46 | | (e) The person receiving the application shall deliver the |
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47 | 47 | | duplicate receipt to the registrar with the registration |
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48 | 48 | | application. The registrar shall retain the receipt on file with |
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49 | 49 | | the application. |
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50 | 50 | | (f) The secretary of state may prescribe a procedure that is |
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51 | 51 | | an alternative to the procedure prescribed by this section that |
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52 | 52 | | will ensure the accountability of the registration applications. |
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53 | 53 | | SECTION 5. Section 13.031, Election Code, is amended by |
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54 | 54 | | adding Subsection (f) to read as follows: |
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55 | 55 | | (f) A volunteer deputy registrar appointed under this |
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56 | 56 | | section may serve as a volunteer deputy registrar throughout the |
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57 | 57 | | state regardless of which county appointed the deputy registrar. |
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58 | 58 | | The secretary of state shall prescribe procedures to implement this |
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59 | 59 | | subsection. |
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60 | 60 | | SECTION 6. Section 13.033(b), Election Code, is amended to |
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61 | 61 | | read as follows: |
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62 | 62 | | (b) If a person is to be appointed, the registrar shall |
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63 | 63 | | prepare a certificate of appointment in duplicate containing: |
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64 | 64 | | (1) the date of appointment; |
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65 | 65 | | (2) the statement: "I, ____________, Voter Registrar |
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66 | 66 | | for ____________ County, do hereby appoint ____________ as a |
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67 | 67 | | volunteer deputy registrar [for ____________ County]."; |
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68 | 68 | | (3) the person's residence address; |
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69 | 69 | | (4) the person's voter registration number, if any; |
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70 | 70 | | (5) a statement that the term of the appointment |
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71 | 71 | | expires December 31 of an even-numbered year; and |
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72 | 72 | | (6) a statement that the appointment terminates on the |
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73 | 73 | | person's final conviction for an offense for failure to deliver a |
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74 | 74 | | registration application and may terminate on the registrar's |
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75 | 75 | | determination that the person failed to adequately review a |
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76 | 76 | | registration application. |
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77 | 77 | | SECTION 7. Section 13.034(b), Election Code, is amended to |
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78 | 78 | | read as follows: |
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79 | 79 | | (b) The registrar shall maintain the file in alphabetical |
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80 | 80 | | order by deputy name [on a countywide basis]. |
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81 | 81 | | SECTION 8. Section 13.035(c), Election Code, is amended to |
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82 | 82 | | read as follows: |
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83 | 83 | | (c) The registrar shall maintain the file in alphabetical |
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84 | 84 | | order by deputy name [on a countywide basis]. |
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85 | 85 | | SECTION 9. Section 13.037(a), Election Code, is amended to |
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86 | 86 | | read as follows: |
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87 | 87 | | (a) A person may not receive compensation from any [the] |
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88 | 88 | | county for service as a volunteer deputy registrar unless |
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89 | 89 | | compensation is authorized by the commissioners court. |
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90 | 90 | | SECTION 10. Section 13.038, Election Code, is amended to |
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91 | 91 | | read as follows: |
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92 | 92 | | Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy |
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93 | 93 | | registrar may distribute voter registration application forms |
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94 | 94 | | throughout the county and receive registration applications |
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95 | 95 | | submitted to the deputy in person. |
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96 | 96 | | (b) A volunteer deputy registrar may distribute a voter |
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97 | 97 | | registration application in the form prescribed by the secretary of |
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98 | 98 | | state under Section 31.002 throughout the state and receive an |
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99 | 99 | | application in that form submitted to the deputy in person, |
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100 | 100 | | regardless of the county in which the application was printed. |
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101 | 101 | | (c) The secretary of state shall prescribe procedures to |
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102 | 102 | | implement this section. |
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103 | 103 | | SECTION 11. The heading to Section 31.005, Election Code, |
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104 | 104 | | is amended to read as follows: |
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105 | 105 | | Sec. 31.005. ENFORCEMENT; PROTECTION OF VOTING RIGHTS. |
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106 | 106 | | SECTION 12. Section 31.005(b), Election Code, is amended to |
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107 | 107 | | read as follows: |
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108 | 108 | | (b) If the secretary determines that a person performing |
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109 | 109 | | official functions in the administration of any part of the |
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110 | 110 | | electoral processes is exercising the powers vested in that person |
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111 | 111 | | in a manner that impedes the free exercise of a citizen's voting |
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112 | 112 | | rights or otherwise violates this code, the secretary may order the |
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113 | 113 | | person to correct the offending conduct. If the person fails to |
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114 | 114 | | comply, the secretary may seek enforcement of the order by a |
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115 | 115 | | temporary restraining order or a writ of injunction or mandamus |
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116 | 116 | | obtained through the attorney general. |
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117 | 117 | | SECTION 13. Subchapter A, Chapter 61, Election Code, is |
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118 | 118 | | amended by adding Section 61.015 to read as follows: |
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119 | 119 | | Sec. 61.015. UNLAWFULLY RESTRICTING VOTER'S RIGHT TO VOTE. |
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120 | 120 | | (a) An election officer commits an offense if the officer |
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121 | 121 | | knowingly: |
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122 | 122 | | (1) removes the name of an eligible voter from the list |
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123 | 123 | | of registered voters or the poll list for the precinct; |
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124 | 124 | | (2) refuses to accept for voting a person whose |
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125 | 125 | | acceptance is required by this code; or |
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126 | 126 | | (3) prevents the deposit in the ballot box of a marked |
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127 | 127 | | and properly folded ballot that was provided at the polling place to |
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128 | 128 | | the voter who is depositing it or for whom the deposit is attempted. |
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129 | 129 | | (b) An offense under this section is a state jail felony. |
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130 | 130 | | SECTION 14. Section 61.032, Election Code, is amended to |
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131 | 131 | | read as follows: |
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132 | 132 | | Sec. 61.032. INTERPRETER PERMITTED. If an election officer |
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133 | 133 | | who attempts to communicate with a voter does not understand the |
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134 | 134 | | language used by the voter, the voter may communicate through an |
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135 | 135 | | interpreter selected by the voter or by the authority ordering the |
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136 | 136 | | election. |
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137 | 137 | | SECTION 15. Section 61.033, Election Code, is amended to |
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138 | 138 | | read as follows: |
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139 | 139 | | Sec. 61.033. ELIGIBILITY TO SERVE AS INTERPRETER. To be |
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140 | 140 | | eligible to serve as an interpreter, a person: |
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141 | 141 | | (1) if selected by the voter, may be any person other |
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142 | 142 | | than the voter's employer, an agent of the voter's employer, or an |
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143 | 143 | | officer or agent of a labor union to which the voter belongs; or |
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144 | 144 | | (2) if appointed to serve as an interpreter by the |
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145 | 145 | | authority ordering the election, must be a registered voter of the |
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146 | 146 | | county in which the voter needing the interpreter resides or a |
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147 | 147 | | registered voter of an adjacent county. |
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148 | 148 | | SECTION 16. Chapter 61, Election Code, is amended by adding |
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149 | 149 | | Subchapter C to read as follows: |
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150 | 150 | | SUBCHAPTER C. DECEPTIVE ELECTION PRACTICES |
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151 | 151 | | Sec. 61.061. DECEPTIVE ELECTION PRACTICES PROHIBITED. A |
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152 | 152 | | person may not knowingly deceive another person regarding: |
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153 | 153 | | (1) the time, place, or manner of conducting an |
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154 | 154 | | election in this state; or |
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155 | 155 | | (2) the qualifications for or restrictions governing |
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156 | 156 | | voter eligibility for an election in this state. |
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157 | 157 | | Sec. 61.062. CRIMINAL OFFENSE. (a) A person commits an |
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158 | 158 | | offense if the person violates Section 61.061 with the intent to |
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159 | 159 | | prevent another person from: |
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160 | 160 | | (1) voting in an election; or |
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161 | 161 | | (2) casting a ballot that may legally be counted. |
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162 | 162 | | (b) An offense under this section is a Class B misdemeanor. |
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163 | 163 | | Sec. 61.063. REPORT TO SECRETARY OF STATE; ACTION BY |
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164 | 164 | | SECRETARY. (a) A person may report a suspected violation of |
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165 | 165 | | Section 61.061 to the secretary of state through the voting rights |
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166 | 166 | | hotline or otherwise. |
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167 | 167 | | (b) Not later than 48 hours after receiving the report, the |
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168 | 168 | | secretary of state shall: |
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169 | 169 | | (1) refer the matter to the attorney general as |
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170 | 170 | | provided by Section 31.006 if the secretary determines that there |
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171 | 171 | | is reasonable cause to suspect that a criminal offense has been |
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172 | 172 | | committed; and |
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173 | 173 | | (2) take any action determined necessary to provide |
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174 | 174 | | correct information to the voters affected by the violation. |
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175 | 175 | | (c) The secretary of state shall adopt rules regarding the |
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176 | 176 | | method of taking corrective action under Subsection (b)(2). |
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177 | 177 | | Sec. 61.064. CIVIL ACTION. The attorney general or a person |
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178 | 178 | | harmed by a violation of Section 61.061 may bring a civil action for |
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179 | 179 | | relief against a person who violates that section, including an |
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180 | 180 | | action seeking a permanent or temporary injunction, restraining |
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181 | 181 | | order, or other appropriate order. |
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182 | 182 | | Sec. 61.065. REPORT TO LEGISLATURE. (a) Not later than |
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183 | 183 | | February 1 of each year, the secretary of state shall submit a |
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184 | 184 | | report to the legislature regarding the reported violations of |
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185 | 185 | | Section 61.061 during the preceding calendar year. |
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186 | 186 | | (b) The report must include: |
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187 | 187 | | (1) the number of reports of violations received; |
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188 | 188 | | (2) the number of alleged violations referred to the |
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189 | 189 | | attorney general; |
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190 | 190 | | (3) a description of the corrective actions taken |
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191 | 191 | | under Section 61.063(b)(2); |
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192 | 192 | | (4) the geographic locations of and populations |
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193 | 193 | | affected by the alleged violations; and |
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194 | 194 | | (5) any other information considered appropriate by |
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195 | 195 | | the secretary of state. |
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196 | 196 | | (c) The secretary of state may withhold specific |
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197 | 197 | | information from a report under this section if the secretary |
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198 | 198 | | determines that the disclosure of that information would unduly |
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199 | 199 | | interfere with an ongoing investigation. |
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200 | 200 | | SECTION 17. Chapter 62, Election Code, is amended by adding |
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201 | 201 | | Section 62.0015 to read as follows: |
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202 | 202 | | Sec. 62.0015. VOTER REGISTRARS MUST BE PRESENT. Two voter |
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203 | 203 | | registrars must be present at each polling place while the polls are |
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204 | 204 | | open. |
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205 | 205 | | SECTION 18. Chapter 63, Election Code, is amended by adding |
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206 | 206 | | Section 63.010 to read as follows: |
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207 | 207 | | Sec. 63.010. REGISTRATION AT POLLING PLACE; VOTING |
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208 | 208 | | PROCEDURES. (a) Other applicable provisions of this code apply to |
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209 | 209 | | the conduct of voting and to the registration of voters under this |
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210 | 210 | | section to the extent those provisions do not conflict with this |
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211 | 211 | | section. |
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212 | 212 | | (b) A person who would be eligible to vote in an election |
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213 | 213 | | under Section 11.001, but for the requirement to be a registered |
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214 | 214 | | voter, shall be accepted for voting in the precinct of the person's |
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215 | 215 | | residence if, on the day the person offers to vote, the person: |
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216 | 216 | | (1) submits a voter registration application that |
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217 | 217 | | complies with Section 13.002 to a voter registrar at the polling |
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218 | 218 | | place; and |
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219 | 219 | | (2) presents as proof of identification: |
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220 | 220 | | (A) a Texas driver's license, including a |
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221 | 221 | | temporary license or instruction permit, or personal |
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222 | 222 | | identification card issued to the person by the Department of |
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223 | 223 | | Public Safety that states the person's current address on the day |
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224 | 224 | | the person seeks to vote; or |
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225 | 225 | | (B) a utility bill addressed to the person dated |
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226 | 226 | | not earlier than the 30th day before the date the person seeks to |
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227 | 227 | | vote, and: |
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228 | 228 | | (i) a Texas driver's license, including a |
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229 | 229 | | temporary license or instruction permit, or personal |
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230 | 230 | | identification card issued to the person by the Department of |
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231 | 231 | | Public Safety, regardless of whether the address stated on the |
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232 | 232 | | license or card is current on the day the person seeks to vote; |
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233 | 233 | | (ii) a United States passport issued to the |
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234 | 234 | | person; or |
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235 | 235 | | (iii) a United States military |
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236 | 236 | | identification card that contains the person's photograph. |
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237 | 237 | | (c) Persons voting under this section shall be processed |
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238 | 238 | | separately at the polling place from persons who are voting under |
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239 | 239 | | regular procedures. |
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240 | 240 | | (d) The secretary of state shall adopt rules to ensure the |
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241 | 241 | | accountability of election officers and to fairly implement this |
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242 | 242 | | section. |
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243 | 243 | | SECTION 19. The heading to Section 63.012, Election Code, |
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244 | 244 | | is amended to read as follows: |
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245 | 245 | | Sec. 63.012. UNLAWFULLY ACCEPTING [OR REFUSING TO ACCEPT] |
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246 | 246 | | VOTER. |
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247 | 247 | | SECTION 20. Section 63.012(a), Election Code, is amended to |
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248 | 248 | | read as follows: |
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249 | 249 | | (a) An election officer commits an offense if the officer |
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250 | 250 | | knowingly[: |
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251 | 251 | | [(1)] permits an ineligible voter to vote other than |
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252 | 252 | | as provided by Section 63.011[; or |
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253 | 253 | | [(2) refuses to accept a person for voting whose |
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254 | 254 | | acceptance is required by this code]. |
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255 | 255 | | SECTION 21. The heading to Section 64.010, Election Code, |
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256 | 256 | | is amended to read as follows: |
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257 | 257 | | Sec. 64.010. UNLAWFULLY PERMITTING [OR PREVENTING] DEPOSIT |
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258 | 258 | | OF BALLOT. |
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259 | 259 | | SECTION 22. Section 64.010(a), Election Code, is amended to |
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260 | 260 | | read as follows: |
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261 | 261 | | (a) An election officer commits an offense if the officer[: |
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262 | 262 | | [(1)] permits a person to deposit in the ballot box a |
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263 | 263 | | ballot that the officer knows was not provided at the polling place |
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264 | 264 | | to the voter who is depositing the ballot or for whom the deposit is |
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265 | 265 | | made[; or |
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266 | 266 | | [(2) prevents the deposit in the ballot box of a marked |
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267 | 267 | | and properly folded ballot that was provided at the polling place to |
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268 | 268 | | the voter who is depositing it or for whom the deposit is |
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269 | 269 | | attempted]. |
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270 | 270 | | SECTION 23. Section 82.005, Election Code, is amended to |
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271 | 271 | | read as follows: |
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272 | 272 | | Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL |
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273 | 273 | | APPEARANCE]. Any qualified voter is eligible for early voting by |
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274 | 274 | | mail or personal appearance. |
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275 | 275 | | SECTION 24. Section 82.007, Election Code, is amended to |
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276 | 276 | | read as follows: |
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277 | 277 | | Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY |
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278 | 278 | | PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter |
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279 | 279 | | who, [is eligible for early voting by mail if: |
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280 | 280 | | [(1) the voter submitted a registration application by |
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281 | 281 | | personal delivery as required by Section 13.002(e); and |
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282 | 282 | | [(2)] at the time the voter's early voting ballot |
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283 | 283 | | application is submitted, [the voter] is certified for |
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284 | 284 | | participation in the address confidentiality program administered |
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285 | 285 | | by the attorney general under Subchapter C, Chapter 56, Code of |
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286 | 286 | | Criminal Procedure, is eligible for early voting by mail only if the |
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287 | 287 | | voter submitted a registration application by personal delivery as |
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288 | 288 | | required by Section 13.002(e). |
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289 | 289 | | SECTION 25. Section 84.001(a), Election Code, is amended to |
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290 | 290 | | read as follows: |
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291 | 291 | | (a) To be entitled to vote an early voting ballot by mail, a |
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292 | 292 | | person [who is eligible for early voting] must make an application |
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293 | 293 | | for an early voting ballot to be voted by mail as provided by this |
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294 | 294 | | title. |
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295 | 295 | | SECTION 26. Section 84.002(a), Election Code, is amended to |
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296 | 296 | | read as follows: |
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297 | 297 | | (a) An early voting ballot application must include: |
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298 | 298 | | (1) the applicant's name and the address at which the |
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299 | 299 | | applicant is registered to vote; |
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300 | 300 | | (2) for an application for a ballot to be voted by mail |
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301 | 301 | | by an applicant who will be absent from the applicant's [on the |
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302 | 302 | | ground of absence from the] county of residence on election day, the |
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303 | 303 | | address outside the applicant's county of residence to which the |
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304 | 304 | | ballot is to be mailed; |
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305 | 305 | | (3) for an application for a ballot to be voted by mail |
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306 | 306 | | by an applicant who is 65 years of age or older on election day or |
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307 | 307 | | has a sickness or physical condition that requires the applicant to |
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308 | 308 | | reside in a hospital or nursing home or other long-term care |
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309 | 309 | | facility, or with a relative [on the ground of age or disability], |
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310 | 310 | | the address of the hospital, nursing home or other long-term care |
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311 | 311 | | facility, or retirement center, or of a person related to the |
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312 | 312 | | applicant within the second degree by affinity or the third degree |
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313 | 313 | | by consanguinity, as determined under Chapter 573, Government Code, |
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314 | 314 | | if the applicant is living at that address and that address is |
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315 | 315 | | different from the address at which the applicant is registered to |
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316 | 316 | | vote; |
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317 | 317 | | (4) for an application for a ballot to be voted by mail |
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318 | 318 | | by an applicant who is confined [on the ground of confinement] in |
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319 | 319 | | jail as described by Section 84.009(a), the address of the jail or |
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320 | 320 | | of a person related to the applicant within the degree described by |
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321 | 321 | | Subdivision (3); and |
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322 | 322 | | (5) [for an application for a ballot to be voted by |
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323 | 323 | | mail on any ground,] an indication of each election for which the |
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324 | 324 | | applicant is applying for a ballot[; and |
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325 | 325 | | [(6) an indication of the ground of eligibility for |
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326 | 326 | | early voting]. |
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327 | 327 | | SECTION 27. Section 84.009, Election Code, is amended by |
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328 | 328 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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329 | 329 | | follows: |
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330 | 330 | | (a) This section applies only to an applicant who, at the |
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331 | 331 | | time the application for a ballot to be voted by mail is submitted, |
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332 | 332 | | is confined in jail: |
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333 | 333 | | (1) serving a misdemeanor sentence for a term that |
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334 | 334 | | ends on or after election day; |
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335 | 335 | | (2) pending trial after denial of bail; |
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336 | 336 | | (3) without bail pending an appeal of a felony |
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337 | 337 | | conviction; or |
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338 | 338 | | (4) pending trial or appeal on a bailable offense for |
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339 | 339 | | which release on bail before election day is unlikely. |
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340 | 340 | | (a-1) On request of the applicant, an application for a |
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341 | 341 | | ballot to be voted by mail [on the ground of confinement in jail] |
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342 | 342 | | may be submitted to the early voting clerk, at the discretion of the |
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343 | 343 | | authority in charge of the jail, by personal delivery by the jail |
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344 | 344 | | authority or by a designated subordinate of the authority. |
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345 | 345 | | SECTION 28. Section 84.011(a), Election Code, is amended to |
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346 | 346 | | read as follows: |
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347 | 347 | | (a) The officially prescribed application form for an early |
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348 | 348 | | voting ballot must include: |
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349 | 349 | | (1) immediately preceding the signature space the |
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350 | 350 | | statement: "I certify that the information given in this |
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351 | 351 | | application is true, and I understand that giving false information |
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352 | 352 | | in this application is a crime."; |
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353 | 353 | | (2) a statement informing the applicant of the |
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354 | 354 | | offenses prescribed by Sections 84.003 and 84.004; |
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355 | 355 | | (3) spaces for entering an applicant's voter |
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356 | 356 | | registration number and county election precinct of registration, |
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357 | 357 | | with a statement informing the applicant that failure to furnish |
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358 | 358 | | that information does not invalidate the application; and |
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359 | 359 | | (4) on an application for a ballot to be voted by mail: |
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360 | 360 | | (A) a space for an applicant [applying on the |
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361 | 361 | | ground of absence from the county of residence] to indicate whether |
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362 | 362 | | the applicant will be absent from the applicant's county of |
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363 | 363 | | residence on election day and, if applicable, the date on or after |
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364 | 364 | | which the applicant can receive mail at the address outside the |
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365 | 365 | | county; |
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366 | 366 | | (B) a space for indicating the fact that an |
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367 | 367 | | applicant whose application is signed by a witness cannot make the |
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368 | 368 | | applicant's mark and a space for indicating the relationship or |
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369 | 369 | | lack of relationship of the witness to the applicant; |
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370 | 370 | | (C) a space for entering an applicant's telephone |
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371 | 371 | | number, with a statement informing the applicant that failure to |
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372 | 372 | | furnish that information does not invalidate the application; |
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373 | 373 | | (D) a space or box for an applicant who is 65 |
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374 | 374 | | years of age or older on election day or has a sickness or physical |
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375 | 375 | | condition that requires the applicant to reside in a hospital or |
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376 | 376 | | nursing home or other long-term care facility, or with a relative, |
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377 | 377 | | [applying on the ground of age or disability] to indicate that the |
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378 | 378 | | address to which the ballot is to be mailed is the address of a |
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379 | 379 | | facility or relative described by Section 84.002(a)(3), if |
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380 | 380 | | applicable; |
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381 | 381 | | (E) a space or box for an applicant confined |
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382 | 382 | | [applying on the ground of confinement] in jail as described by |
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383 | 383 | | Section 84.009(a) to indicate that the address to which the ballot |
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384 | 384 | | is to be mailed is the address of a relative described by Section |
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385 | 385 | | 84.002(a)(4), if applicable; |
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386 | 386 | | (F) spaces for entering the signature, printed |
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387 | 387 | | name, and residence address of any person assisting the applicant; |
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388 | 388 | | (G) a statement informing the applicant of the |
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389 | 389 | | condition prescribed by Section 81.005; and |
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390 | 390 | | (H) a statement informing the applicant of the |
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391 | 391 | | requirement prescribed by Section 86.003(c). |
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392 | 392 | | SECTION 29. Section 85.031(a), Election Code, is amended to |
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393 | 393 | | read as follows: |
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394 | 394 | | (a) For each person entitled to vote an early voting ballot |
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395 | 395 | | by personal appearance or entitled to register at a polling place, |
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396 | 396 | | the early voting clerk shall follow the procedure for accepting or |
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397 | 397 | | registering a regular voter on election day, with the modifications |
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398 | 398 | | necessary for the conduct of early voting. |
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399 | 399 | | SECTION 30. Sections 86.001(b) and (c), Election Code, are |
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400 | 400 | | amended to read as follows: |
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401 | 401 | | (b) If the application complies with the applicable |
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402 | 402 | | requirements prescribed by this title [applicant is entitled to |
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403 | 403 | | vote an early voting ballot by mail], the clerk shall provide an |
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404 | 404 | | official ballot to the applicant as provided by this chapter. |
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405 | 405 | | (c) Except as provided by Section 86.008, if the applicant |
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406 | 406 | | is not entitled to vote in the election [by mail], the clerk shall |
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407 | 407 | | reject the application, enter on the application "rejected" and the |
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408 | 408 | | reason for and date of rejection, and deliver written notice of the |
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409 | 409 | | reason for the rejection to the applicant at both the residence |
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410 | 410 | | address and mailing address on the application. A ballot may not be |
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411 | 411 | | provided to an applicant whose application is rejected. |
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412 | 412 | | SECTION 31. Section 86.003(c), Election Code, is amended to |
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413 | 413 | | read as follows: |
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414 | 414 | | (c) The address to which the balloting materials must be |
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415 | 415 | | addressed is the address at which the voter is registered to vote, |
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416 | 416 | | or the registered mailing address if different, unless the |
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417 | 417 | | application to vote early by mail indicates that the voter [ground |
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418 | 418 | | for voting by mail is]: |
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419 | 419 | | (1) will be absent from the voter's [absence from the] |
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420 | 420 | | county of residence on election day, in which case the address must |
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421 | 421 | | be an address outside the voter's county of residence; |
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422 | 422 | | (2) is confined [confinement] in jail as described by |
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423 | 423 | | Section 84.009(a), in which case the address must be the address of |
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424 | 424 | | the jail or of a relative described by Section 84.002(a)(4); or |
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425 | 425 | | (3) is 65 years of age or older on election day or has a |
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426 | 426 | | sickness or physical condition that requires the applicant to |
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427 | 427 | | reside in a hospital or nursing home or other long-term care |
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428 | 428 | | facility, or with a relative, [age or disability] and [the voter] is |
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429 | 429 | | living at a hospital, nursing home or other long-term care |
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430 | 430 | | facility, or retirement center, or with a relative described by |
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431 | 431 | | Section 84.002(a)(3), in which case the address must be the address |
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432 | 432 | | of that facility or relative. |
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433 | 433 | | SECTION 32. Section 86.004(b), Election Code, is amended to |
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434 | 434 | | read as follows: |
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435 | 435 | | (b) For an election to which Section 101.104 applies, the |
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436 | 436 | | balloting materials for a voter who indicates on the application |
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437 | 437 | | for a ballot to be voted by mail or the federal postcard application |
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438 | 438 | | that the voter seeks [is eligible] to vote early by mail as a |
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439 | 439 | | consequence of the voter's being outside the United States shall be |
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440 | 440 | | mailed on or before the later of the 45th day before election day or |
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441 | 441 | | the seventh calendar day after the date the clerk receives the |
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442 | 442 | | application. However, if it is not possible to mail the ballots by |
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443 | 443 | | the deadline of the 45th day before election day, the clerk shall |
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444 | 444 | | notify the secretary of state within 24 hours of knowing that the |
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445 | 445 | | deadline will not be met. The secretary of state shall monitor the |
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446 | 446 | | situation and advise the clerk, who shall mail the ballots as soon |
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447 | 447 | | as possible in accordance with the secretary of state's guidelines. |
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448 | 448 | | SECTION 33. Section 87.041(b), Election Code, is amended to |
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449 | 449 | | read as follows: |
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450 | 450 | | (b) A ballot may be accepted only if: |
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451 | 451 | | (1) the carrier envelope certificate is properly |
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452 | 452 | | executed; |
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453 | 453 | | (2) neither the voter's signature on the ballot |
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454 | 454 | | application nor the signature on the carrier envelope certificate |
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455 | 455 | | is determined to have been executed by a person other than the |
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456 | 456 | | voter, unless signed by a witness; |
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457 | 457 | | (3) [the voter's ballot application states a legal |
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458 | 458 | | ground for early voting by mail; |
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459 | 459 | | [(4)] the voter is registered to vote, if registration |
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460 | 460 | | is required by law; |
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461 | 461 | | (4) [(5) the address to which the ballot was mailed to |
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462 | 462 | | the voter, as indicated by the application, was outside the voter's |
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463 | 463 | | county of residence, if the ground for early voting is absence from |
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464 | 464 | | the county of residence; |
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465 | 465 | | [(6)] for a voter to whom a statement of residence form |
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466 | 466 | | was required to be sent under Section 86.002(a), the statement of |
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467 | 467 | | residence is returned in the carrier envelope and indicates that |
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468 | 468 | | the voter satisfies the residence requirements prescribed by |
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469 | 469 | | Section 63.0011; and |
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470 | 470 | | (5) [(7)] the address to which the ballot was mailed |
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471 | 471 | | to the voter is an address [that is otherwise] required by Sections |
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472 | 472 | | 84.002 and 86.003. |
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473 | 473 | | SECTION 34. Section 102.001(a), Election Code, is amended |
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474 | 474 | | to read as follows: |
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475 | 475 | | (a) A qualified voter is eligible to vote a late ballot as |
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476 | 476 | | provided by this chapter if the voter has a sickness or physical |
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477 | 477 | | condition [described by Section 82.002] that prevents the voter |
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478 | 478 | | from appearing at the polling place on election day without a |
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479 | 479 | | likelihood of needing personal assistance or of injuring the |
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480 | 480 | | voter's health and originates on or after the day before the last |
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481 | 481 | | day for submitting an application for a ballot to be voted by mail. |
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482 | 482 | | SECTION 35. Section 662.003(b), Government Code, is amended |
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483 | 483 | | to read as follows: |
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484 | 484 | | (b) A state holiday includes only the following days: |
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485 | 485 | | (1) the 19th day of January, "Confederate Heroes Day," |
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486 | 486 | | in honor of Jefferson Davis, Robert E. Lee, and other Confederate |
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487 | 487 | | heroes; |
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488 | 488 | | (2) the second day of March, "Texas Independence Day"; |
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489 | 489 | | (3) the 21st day of April, "San Jacinto Day"; |
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490 | 490 | | (4) the 19th day of June, "Emancipation Day in Texas," |
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491 | 491 | | in honor of the emancipation of the slaves in Texas in 1865; |
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492 | 492 | | (5) the 27th day of August, "Lyndon Baines Johnson |
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493 | 493 | | Day," in observance of the birthday of Lyndon Baines Johnson; |
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494 | 494 | | (6) the Friday after Thanksgiving Day; |
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495 | 495 | | (7) the 24th day of December; [and] |
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496 | 496 | | (8) the 26th day of December; and |
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497 | 497 | | (9) every day on which an election, including a |
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498 | 498 | | primary election, is held throughout the state. |
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499 | 499 | | SECTION 36. Section 662.021, Government Code, is amended to |
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500 | 500 | | read as follows: |
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501 | 501 | | Sec. 662.021. DATES OF HOLIDAYS. A legal holiday includes |
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502 | 502 | | only the following days: |
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503 | 503 | | (1) a national holiday under Section 662.003(a); and |
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504 | 504 | | (2) a state holiday under Sections 662.003(b)(1) |
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505 | 505 | | through (6) or Section 662.003(b)(9). |
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506 | 506 | | SECTION 37. Sections 13.040, 82.001, 82.002, 82.003, |
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507 | 507 | | 82.004, 84.002(b), and 112.002(b), Election Code, are repealed. |
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508 | 508 | | SECTION 38. The secretary of state shall adopt rules as |
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509 | 509 | | required by Section 63.010, Election Code, as added by this Act, not |
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510 | 510 | | later than February 1, 2016. |
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511 | 511 | | SECTION 39. (a) The changes in law made by this Act in |
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512 | 512 | | adding Sections 62.0015 and 63.010, Election Code, and in amending |
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513 | 513 | | Section 85.03(a), Election Code, apply only to an election for |
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514 | 514 | | which early voting by personal appearance begins on or after |
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515 | 515 | | February 1, 2016. |
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516 | 516 | | (b) The changes in law made by this Act in amending Sections |
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517 | 517 | | 13.002(e), 82.005, 82.007, 84.001(a), 84.002(a), 84.009, |
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518 | 518 | | 84.011(a), 86.001(b) and (c), 86.003(c), 86.004(b), 87.041(b), and |
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519 | 519 | | 102.001(a), Election Code, and in repealing Sections 82.001, |
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520 | 520 | | 82.002, 82.003, 82.004, 84.002(b), and 112.002(b), Election Code, |
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521 | 521 | | apply only to an election ordered on or after September 1, 2015. |
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522 | 522 | | (c) The changes in law made by this Act in adding Section |
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523 | 523 | | 13.009, Election Code, and repealing Section 13.040, Election Code, |
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524 | 524 | | apply only to a voter registration application submitted on or |
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525 | 525 | | after the effective date of this Act. |
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526 | 526 | | SECTION 40. This Act takes effect September 1, 2015. |
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