| 1 | 1 | | 85S10362 JRJ-D |
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| 2 | 2 | | By: Hinojosa H.B. No. 89 |
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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 early voting by certain persons who are caretakers of |
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| 8 | 8 | | persons with certain disabilities. |
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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. Subtitle B, Title 7, Election Code, is amended by |
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| 11 | 11 | | adding Chapter 108 to read as follows: |
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| 12 | 12 | | CHAPTER 108. EARLY VOTING BY PERSON IN SPECIAL CIRCUMSTANCE |
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| 13 | 13 | | Sec. 108.001. APPLICABILITY. This chapter applies only to |
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| 14 | 14 | | a person: |
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| 15 | 15 | | (1) who is eligible to vote in this state; |
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| 16 | 16 | | (2) who is the permanent caretaker of a person who has |
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| 17 | 17 | | a disability; and |
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| 18 | 18 | | (3) whose presence: |
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| 19 | 19 | | (A) is necessary to protect the life or safety of |
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| 20 | 20 | | the person who has a disability; and |
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| 21 | 21 | | (B) will prevent the caretaker from appearing at |
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| 22 | 22 | | the polling place on election day. |
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| 23 | 23 | | Sec. 108.002. FORM AND CONTENTS OF APPLICATION. The |
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| 24 | 24 | | secretary of state shall prescribe a unique application for a |
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| 25 | 25 | | ballot to be voted under this chapter that must: |
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| 26 | 26 | | (1) be in the form of an affidavit; and |
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| 27 | 27 | | (2) include, in addition to the information required |
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| 28 | 28 | | by the applicable provisions of Section 84.002, a certificate of a |
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| 29 | 29 | | licensed physician, licensed chiropractor, or accredited Christian |
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| 30 | 30 | | Science practitioner in substantially the following form: |
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| 31 | 31 | | "This is to certify that I know that (insert name of voter) is |
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| 32 | 32 | | the caretaker of a person with a sickness or physical condition that |
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| 33 | 33 | | requires the caretaker's presence to protect the life or safety of |
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| 34 | 34 | | the person and that this duty will prevent (insert name of voter) |
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| 35 | 35 | | from appearing at the polling place for an election held on (insert |
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| 36 | 36 | | date of election). |
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| 37 | 37 | | "Witness my hand at _________, Texas, this ____ day of |
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| 38 | 38 | | __________, 20__. |
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| 39 | 39 | | ______________________________________________________ |
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| 40 | 40 | | (Signature of physician, chiropractor, or practitioner)" |
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| 41 | 41 | | Sec. 108.003. VOTING PROCEDURE; PROCESSING RESULTS. (a) |
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| 42 | 42 | | On submission of an application under this chapter to the early |
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| 43 | 43 | | voting clerk, the clerk shall review the application and verify the |
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| 44 | 44 | | applicant's registration status in accordance with the procedure |
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| 45 | 45 | | applicable to early voting by mail. |
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| 46 | 46 | | (b) The voting shall be conducted with the balloting |
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| 47 | 47 | | materials for early voting by mail. |
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| 48 | 48 | | (c) The voter must mark and seal the ballot in the same |
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| 49 | 49 | | manner as if early voting by mail. |
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| 50 | 50 | | (d) The results shall be processed in accordance with the |
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| 51 | 51 | | procedures applicable to processing early voting ballots voted by |
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| 52 | 52 | | mail. |
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| 53 | 53 | | Sec. 108.004. RULES. The secretary of state shall adopt |
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| 54 | 54 | | rules to implement this chapter. |
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| 55 | 55 | | SECTION 2. This Act takes effect December 1, 2017. |
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