1 | 1 | | 85R4072 SRS-F |
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2 | 2 | | By: Cyrier H.B. No. 1077 |
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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 eligibility of certain citizens residing outside |
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8 | 8 | | the United States to vote a full ballot. |
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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. Section 101.001, Election Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | Sec. 101.001. ELIGIBILITY. (a) A person is eligible for |
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13 | 13 | | early voting by mail as provided by this chapter if: |
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14 | 14 | | (1) the person is qualified to vote in this state or, |
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15 | 15 | | if not registered to vote in this state, would be qualified if |
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16 | 16 | | registered; and |
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17 | 17 | | (2) the person is: |
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18 | 18 | | (A) a member of the armed forces of the United |
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19 | 19 | | States, or the spouse or a dependent of a member; |
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20 | 20 | | (B) a member of the merchant marine of the United |
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21 | 21 | | States, or the spouse or a dependent of a member; or |
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22 | 22 | | (C) domiciled in this state but temporarily |
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23 | 23 | | living outside the territorial limits of the United States and the |
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24 | 24 | | District of Columbia. |
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25 | 25 | | (b) Notwithstanding Subsection (a) and Chapter 114, a |
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26 | 26 | | person who indicates on a federal postcard application that the |
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27 | 27 | | person is a United States citizen residing outside the United |
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28 | 28 | | States indefinitely is entitled to vote a full ballot as provided by |
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29 | 29 | | this chapter if the person is otherwise eligible to vote under this |
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30 | 30 | | chapter and is a registered voter at the address contained on the |
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31 | 31 | | application. |
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32 | 32 | | SECTION 2. Section 101.052, Election Code, is amended by |
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33 | 33 | | adding Subsection (n) to read as follows: |
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34 | 34 | | (n) The early voting clerk shall provide notice to a person |
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35 | 35 | | who indicates on a federal postcard application that the person is a |
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36 | 36 | | United States citizen residing outside the United States |
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37 | 37 | | indefinitely, other than a person described by Section 101.001(b), |
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38 | 38 | | that as a result of the person's indication, the person is only |
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39 | 39 | | eligible to vote a federal ballot as provided by Chapter 114. The |
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40 | 40 | | secretary of state shall prescribe the form and manner of the notice |
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41 | 41 | | provided under this subsection. |
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42 | 42 | | SECTION 3. Subchapter B, Chapter 101, Election Code, is |
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43 | 43 | | amended by adding Section 101.059 to read as follows: |
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44 | 44 | | Sec. 101.059. NOTICE ON COUNTY WEBSITE FOR CITIZENS |
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45 | 45 | | RESIDING OUTSIDE OF UNITED STATES INDEFINITELY. If a county |
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46 | 46 | | maintains an Internet website to provide information on voting, the |
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47 | 47 | | website must include information that describes the effects on the |
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48 | 48 | | ballot a person will receive under state law if the person indicates |
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49 | 49 | | on a federal postcard application that the person is a United States |
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50 | 50 | | citizen residing outside the United States indefinitely. |
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51 | 51 | | SECTION 4. Section 114.002, Election Code, is amended to |
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52 | 52 | | read as follows: |
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53 | 53 | | Sec. 114.002. ELIGIBILITY. A United States citizen |
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54 | 54 | | residing [dwelling] outside the United States is eligible to vote a |
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55 | 55 | | federal ballot by mail if: |
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56 | 56 | | (1) the citizen's most recent domicile in the United |
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57 | 57 | | States was in this state and the citizen is residing outside the |
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58 | 58 | | United States indefinitely [citizen's intent to return to this |
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59 | 59 | | state is uncertain]; |
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60 | 60 | | (2) the citizen would be eligible for registration as |
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61 | 61 | | a voter in this state if a resident; and |
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62 | 62 | | (3) the citizen is not eligible to vote on federal |
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63 | 63 | | offices in any other state. |
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64 | 64 | | SECTION 5. The change in law made by this Act applies to a |
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65 | 65 | | federal postcard application that requests a ballot for an election |
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66 | 66 | | that is held on or after the effective date of this Act. |
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67 | 67 | | SECTION 6. This Act takes effect September 1, 2017. |
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