Texas 2017 - 85th Regular

Texas House Bill HB2722 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R25321 JRJ-D
2		-	By: Phillips H.B. No. 2722
3		-	Substitute the following for H.B. No. 2722:
4		-	By: Laubenberg C.S.H.B. No. 2722
	1	+	By: Phillips, Guillen H.B. No. 2722
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to early voting by certain persons who have an employment
10	7		hardship.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Subtitle B, Title 7, Election Code, is amended by
13	10		adding Chapter 107 to read as follows:
14	11		CHAPTER 107. EARLY VOTING BY PERSON IN SPECIAL CIRCUMSTANCE
15	12		Sec. 107.001. APPLICABILITY. This chapter applies only to
16		-	a voter:
17		-	(1) who is eligible to vote in this state; and
18		-	(2) whose occupation causes a hardship for the voter:
19		-	(A) that prevents the voter from knowing whether
20		-	the voter is able to appear at the polling place on election day or
21		-	during the regular hours for conducting early voting without
22		-	causing a disruption in the operations of the voter's employment;
23		-	or
24		-	(B) because the occupation is of a nature that
25		-	causes the voter to be working periodically offshore.
	13	+	a voter whose occupation causes a hardship for the voter to appear
	14	+	at the polling place on election day because the voter is employed:
	15	+	(1) in an occupation that causes the voter to be
	16	+	working periodically offshore;
	17	+	(2) as a truck driver whose routes routinely take the
	18	+	voter more than 200 miles from home;
	19	+	(3) in an occupation that is likely to require the
	20	+	voter to be overseas on election day; or
	21	+	(4) as the permanent caretaker of a person who has a
	22	+	disability and the voter's presence is necessary to protect the
	23	+	life or safety of the person who has a disability and will prevent
	24	+	the caretaker from appearing at the polling place on election day.
26	25		Sec. 107.002. FORM AND CONTENTS OF APPLICATION. (a) The
27	26		secretary of state shall prescribe a unique application for a
28	27		ballot to be voted under this chapter that must include, in addition
29	28		to the information required by the applicable provisions of Section
30	29		84.002:
31		-	(1) an affidavit certifying the applicant is employed
32		-	in an occupation that causes a hardship for voting, signed by the
33		-	applicant and the applicant's employer or contracting entity; and
34		-	(2) the address of the applicant's employer or of a
35		-	person related to the applicant within the second degree by
	30	+	(1) for an applicant to whom this chapter applies
	31	+	under Section 107.001(1), (2), or (3), an affidavit certifying the
	32	+	applicant is employed in an occupation that causes a hardship for
	33	+	voting, signed by the applicant and the applicant's employer or
	34	+	contracting entity, and
	35	+	the address of the applicant's employer or
	36	+	of a person related to the applicant within the second degree by
36	37		affinity or the third degree by consanguinity, as determined under
37	38		Chapter 573, Government Code, if that address is different from the
38		-	address at which the applicant is registered to vote.
	39	+	address at which the applicant is registered to vote; or
	40	+	(2) for an applicant to whom this chapter applies
	41	+	under Section 107.001(4), be in the form of an affidavit and include
	42	+	a certificate of a licensed physician, licensed chiropractor, or
	43	+	accredited Christian Science practitioner in substantially the
	44	+	following form:
	45	+	"This is to certify that I know that (insert name of voter) is
	46	+	the caretaker of a person with a sickness or physical condition that
	47	+	requires the caretaker's presence to protect the life or safety of
	48	+	the person and that this duty will prevent (insert name of voter)
	49	+	from appearing at the polling place for an election held on (insert
	50	+	date of election).
	51	+	"Witness my hand at _________, Texas, this ____ day of
	52	+	__________, 20__.
	53	+	______________________________________________________
	54	+	(Signature of physician, chiropractor, or practitioner)".
39	55		(b) The application must be submitted to the early voting
40	56		clerk not later than the 60th day before election day for the
41	57		applicant to be eligible to vote a ballot under this chapter.
42	58		Sec. 107.003. VOTING PROCEDURE; PROCESSING RESULTS. (a)
43	59		On submission of an application under this chapter to the early
44	60		voting clerk, the clerk shall review the application and verify the
45	61		applicant's registration status in accordance with the procedure
46	62		applicable to early voting by mail.
47	63		(b) The voting shall be conducted with the balloting
48	64		materials for early voting by mail.
49	65		(c) The address to which the balloting materials must be
50	66		addressed is the address at which the voter is registered to vote or
51	67		the address of the applicant's employer or of a person related to
52	68		the applicant within the second degree by affinity or the third
53	69		degree by consanguinity, as determined under Chapter 573,
54	70		Government Code.
55	71		(d) The voter must mark and seal the ballot in the same
56	72		manner as if early voting by mail.
57	73		(e) The results shall be processed in accordance with the
58	74		procedures applicable to processing early voting ballots voted by
59	75		mail.
60	76		(f) Section 86.0015 applies to an application for a ballot
61	77		to be voted under this chapter, notwithstanding Section 86.0015(a).
62	78		Sec. 107.004. RULES. The secretary of state shall adopt
63	79		rules to implement this chapter.
64	80		SECTION 2. This Act takes effect September 1, 2017.