| 1 | 1 | | 85R422 ADM-D |
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| 2 | 2 | | By: Huffines S.B. No. 703 |
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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 prohibiting movable early voting polling places. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 85.010(b), Election Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (b) A political subdivision that holds an election |
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| 12 | 12 | | described by Subsection (a) shall designate as an early voting |
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| 13 | 13 | | polling place for the election any early voting polling place[, |
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| 14 | 14 | | other than a polling place established under Section 85.062(e),] |
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| 15 | 15 | | established by the county and located in the political subdivision. |
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| 16 | 16 | | SECTION 2. Section 85.062, Election Code, is amended by |
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| 17 | 17 | | amending Subsections (a), (b), and (c) and adding Subsection (h) to |
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| 18 | 18 | | read as follows: |
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| 19 | 19 | | (a) Except as provided by Subsection (d) [or (e)], one or |
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| 20 | 20 | | more early voting polling places other than the main early voting |
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| 21 | 21 | | polling place may be established by: |
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| 22 | 22 | | (1) the commissioners court, for an election in which |
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| 23 | 23 | | the county clerk is the early voting clerk; or |
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| 24 | 24 | | (2) the governing body of the political subdivision |
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| 25 | 25 | | served by the authority ordering the election, for an election in |
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| 26 | 26 | | which a person other than the county clerk is the early voting |
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| 27 | 27 | | clerk. |
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| 28 | 28 | | (b) A polling place established under this section may be |
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| 29 | 29 | | located, subject to Subsection (d), at any place in the territory |
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| 30 | 30 | | served by the early voting clerk and may be located in any |
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| 31 | 31 | | stationary structure as directed by the authority establishing the |
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| 32 | 32 | | branch office. The polling place may not be located in a movable |
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| 33 | 33 | | structure [in the general election for state and county officers, |
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| 34 | 34 | | general primary election, or runoff primary election]. Ropes or |
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| 35 | 35 | | other suitable objects may be used at the polling place to ensure |
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| 36 | 36 | | compliance with Section 62.004. Persons who are not expressly |
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| 37 | 37 | | permitted by law to be in a polling place shall be excluded from the |
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| 38 | 38 | | polling place to the extent practicable. |
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| 39 | 39 | | (c) In any election, the location of a polling place |
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| 40 | 40 | | established under this section shall be fixed at one place for the |
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| 41 | 41 | | duration of the period that voting is required to be conducted for |
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| 42 | 42 | | that election [at the polling place]. |
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| 43 | 43 | | (h) If an authority holding an election for which the ballot |
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| 44 | 44 | | includes a proposition seeking voter approval of the issuance of |
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| 45 | 45 | | bonds or other debt establishes a polling place located in a movable |
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| 46 | 46 | | structure or location in violation of this section, the election |
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| 47 | 47 | | for approval of the proposition is invalid. |
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| 48 | 48 | | SECTION 3. Section 85.062(e), Election Code, is repealed. |
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| 49 | 49 | | SECTION 4. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2017. |
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