1 | 1 | | 85R11826 ADM-F |
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2 | 2 | | By: Hinojosa H.B. No. 3060 |
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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 an opportunity to correct a defect in an early voting |
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8 | 8 | | ballot voted by mail. |
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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. Subchapter B, Chapter 87, Election Code, is |
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11 | 11 | | amended by adding Section 87.0271 to read as follows: |
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12 | 12 | | Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE |
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13 | 13 | | VERIFICATION COMMITTEE. (a) This section applies to an early |
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14 | 14 | | voting ballot voted by mail: |
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15 | 15 | | (1) for which the voter did not sign the carrier |
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16 | 16 | | envelope certificate; |
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17 | 17 | | (2) for which it cannot immediately be determined |
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18 | 18 | | whether the signature on the carrier envelope certificate is that |
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19 | 19 | | of the voter; or |
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20 | 20 | | (3) containing incomplete information with respect to |
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21 | 21 | | a witness. |
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22 | 22 | | (b) Before deciding whether to accept or reject a ballot |
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23 | 23 | | under Section 87.027, the signature verification committee shall |
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24 | 24 | | immediately contact the voter or witness, as appropriate, to advise |
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25 | 25 | | the voter or witness of the defect and provide an opportunity to |
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26 | 26 | | correct the defect. |
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27 | 27 | | (c) Subsection (b) does not apply if the signature |
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28 | 28 | | verification committee determines that it would be impossible to |
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29 | 29 | | correct the defect prior to the time the polls are required to close |
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30 | 30 | | on election day. |
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31 | 31 | | (d) The chair of the signature verification committee may |
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32 | 32 | | appoint two committee members to take the defective ballot to the |
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33 | 33 | | address of the voter or witness, as appropriate, to provide the |
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34 | 34 | | voter or witness with an opportunity to correct the defect. |
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35 | 35 | | (e) If possible, of the two members appointed under |
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36 | 36 | | Subsection (d): |
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37 | 37 | | (1) one must be a member of the party that received the |
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38 | 38 | | greatest number of votes in the most recent gubernatorial election; |
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39 | 39 | | and |
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40 | 40 | | (2) one must be a member of the party that received the |
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41 | 41 | | second greatest number of votes in the most recent gubernatorial |
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42 | 42 | | election. |
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43 | 43 | | SECTION 2. Subchapter C, Chapter 87, Election Code, is |
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44 | 44 | | amended by adding Section 87.0411 to read as follows: |
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45 | 45 | | Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING |
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46 | 46 | | BALLOT BOARD. (a) This section applies to an early voting ballot |
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47 | 47 | | voted by mail: |
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48 | 48 | | (1) for which the voter did not sign the carrier |
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49 | 49 | | envelope certificate; |
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50 | 50 | | (2) for which it cannot immediately be determined |
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51 | 51 | | whether the signature on the carrier envelope certificate is that |
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52 | 52 | | of the voter; or |
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53 | 53 | | (3) containing incomplete information with respect to |
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54 | 54 | | a witness. |
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55 | 55 | | (b) Before deciding whether to accept or reject a ballot |
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56 | 56 | | under Section 87.041, the early voting ballot board shall |
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57 | 57 | | immediately contact the voter or witness, as appropriate, to advise |
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58 | 58 | | the voter or witness of the defect and provide an opportunity to |
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59 | 59 | | correct the defect. |
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60 | 60 | | (c) Subsection (b) does not apply if the early voting ballot |
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61 | 61 | | board determines that it would be impossible to correct the defect |
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62 | 62 | | prior to the time the polls are required to close on election day. |
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63 | 63 | | (d) The presiding judge of the early voting ballot board may |
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64 | 64 | | appoint two ballot board members to take the defective ballot to the |
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65 | 65 | | address of the voter or witness, as appropriate, to provide the |
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66 | 66 | | voter or witness with an opportunity to correct the defect. |
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67 | 67 | | (e) If possible, of the two members appointed under |
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68 | 68 | | Subsection (d): |
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69 | 69 | | (1) one must be a member of the party that received the |
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70 | 70 | | greatest number of votes in the most recent gubernatorial election; |
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71 | 71 | | and |
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72 | 72 | | (2) one must be a member of the party that received the |
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73 | 73 | | second greatest number of votes in the most recent gubernatorial |
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74 | 74 | | election. |
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75 | 75 | | SECTION 3. This Act takes effect September 1, 2017. |
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