By: Phillips, Guillen H.B. No. 2722
A BILL TO BE ENTITLED
AN ACT
relating to early voting by certain persons who have an employment
hardship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 7, Election Code, is amended by
adding Chapter 107 to read as follows:
CHAPTER 107. EARLY VOTING BY PERSON IN SPECIAL CIRCUMSTANCE
Sec. 107.001. APPLICABILITY. This chapter applies only to
a voter whose occupation causes a hardship for the voter to appear
at the polling place on election day because the voter is employed:
(1) in an occupation that causes the voter to be
working periodically offshore;
(2) as a truck driver whose routes routinely take the
voter more than 200 miles from home;
(3) in an occupation that is likely to require the
voter to be overseas on election day; or
(4) as the permanent caretaker of a person who has a
disability and the voter's presence is necessary to protect the
life or safety of the person who has a disability and will prevent
the caretaker from appearing at the polling place on election day.
Sec. 107.002. FORM AND CONTENTS OF APPLICATION. (a) The
secretary of state shall prescribe a unique application for a
ballot to be voted under this chapter that must include, in addition
to the information required by the applicable provisions of Section
84.002:
(1) for an applicant to whom this chapter applies
under Section 107.001(1), (2), or (3), an affidavit certifying the
applicant is employed in an occupation that causes a hardship for
voting, signed by the applicant and the applicant's employer or
contracting entity, and
the address of the applicant's employer or
of a person related to the applicant within the second degree by
affinity or the third degree by consanguinity, as determined under
Chapter 573, Government Code, if that address is different from the
address at which the applicant is registered to vote; or
(2) for an applicant to whom this chapter applies
under Section 107.001(4), be in the form of an affidavit and include
a certificate of a licensed physician, licensed chiropractor, or
accredited Christian Science practitioner in substantially the
following form:
"This is to certify that I know that (insert name of voter) is
the caretaker of a person with a sickness or physical condition that
requires the caretaker's presence to protect the life or safety of
the person and that this duty will prevent (insert name of voter)
from appearing at the polling place for an election held on (insert
date of election).
"Witness my hand at _________, Texas, this ____ day of
__________, 20__.
______________________________________________________
(Signature of physician, chiropractor, or practitioner)".
(b) The application must be submitted to the early voting
clerk not later than the 60th day before election day for the
applicant to be eligible to vote a ballot under this chapter.
Sec. 107.003. VOTING PROCEDURE; PROCESSING RESULTS. (a)
On submission of an application under this chapter to the early
voting clerk, the clerk shall review the application and verify the
applicant's registration status in accordance with the procedure
applicable to early voting by mail.
(b) The voting shall be conducted with the balloting
materials for early voting by mail.
(c) The address to which the balloting materials must be
addressed is the address at which the voter is registered to vote or
the address of the applicant's employer or of a person related to
the applicant within the second degree by affinity or the third
degree by consanguinity, as determined under Chapter 573,
Government Code.
(d) The voter must mark and seal the ballot in the same
manner as if early voting by mail.
(e) The results shall be processed in accordance with the
procedures applicable to processing early voting ballots voted by
mail.
(f) Section 86.0015 applies to an application for a ballot
to be voted under this chapter, notwithstanding Section 86.0015(a).
Sec. 107.004. RULES. The secretary of state shall adopt
rules to implement this chapter.
SECTION 2. This Act takes effect September 1, 2017.