| 1 | 1 | | 86R9933 ADM-D |
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| 2 | 2 | | By: Cole H.B. No. 1762 |
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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 the facilitation of voting by persons confined in |
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| 8 | 8 | | certain jails. |
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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. ENFRANCHISEMENT OF PERSONS CONFINED IN COUNTY JAIL |
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| 13 | 13 | | Sec. 108.001. DEFINITION. In this chapter, "jail |
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| 14 | 14 | | administrator" means a sheriff or other person assigned to a |
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| 15 | 15 | | position overseeing a county jail. |
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| 16 | 16 | | Sec. 108.002. PLACEMENT OF SECURE VOTING BOX. (a) An early |
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| 17 | 17 | | voting clerk may request that one or more secure voting boxes be |
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| 18 | 18 | | placed in the county jail for the deposit of early voting ballots by |
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| 19 | 19 | | mail. |
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| 20 | 20 | | (b) A secure voting box may only be placed in the jail with |
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| 21 | 21 | | the consent of the jail administrator. |
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| 22 | 22 | | (c) A secure voting box that is placed in accordance with |
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| 23 | 23 | | this section must be placed in the jail not later than the 30th day |
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| 24 | 24 | | before election day. |
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| 25 | 25 | | (d) The secure voting boxes placed in accordance with this |
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| 26 | 26 | | section must be placed in one or more locations as necessary to |
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| 27 | 27 | | facilitate voting under this chapter without impediment by persons |
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| 28 | 28 | | confined in every building of a multiple-building jail. |
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| 29 | 29 | | Sec. 108.003. SECURITY OF SECURE VOTING BOX. (a) The jail |
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| 30 | 30 | | administrator shall ensure that a secure voting box placed in the |
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| 31 | 31 | | county jail is, at all times: |
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| 32 | 32 | | (1) locked to prevent tampering; and |
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| 33 | 33 | | (2) either: |
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| 34 | 34 | | (A) being guarded by an employee of the jail; or |
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| 35 | 35 | | (B) inside a locked room with no persons present. |
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| 36 | 36 | | (b) With the consent of the jail administrator, the early |
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| 37 | 37 | | voting clerk may collect ballots placed in a secure voting box |
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| 38 | 38 | | throughout the early voting period. This may include collecting |
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| 39 | 39 | | and replacing a secure voting box. |
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| 40 | 40 | | Sec. 108.004. VOTING BY PERSON CONFINED IN COUNTY JAIL. (a) |
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| 41 | 41 | | A person confined in a county jail who is a qualified voter and is in |
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| 42 | 42 | | possession of the person's early voting ballot to be voted by mail |
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| 43 | 43 | | may: |
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| 44 | 44 | | (1) mail the completed ballot; or |
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| 45 | 45 | | (2) place the ballot in a secure voting box placed in |
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| 46 | 46 | | the jail in accordance with this chapter. |
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| 47 | 47 | | (b) The jail administrator may: |
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| 48 | 48 | | (1) permit a person confined in jail to place the |
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| 49 | 49 | | person's ballot directly in the secure voting box; or |
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| 50 | 50 | | (2) require a person confined in jail to deliver the |
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| 51 | 51 | | completed ballot to an employee of the jail, who must then place the |
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| 52 | 52 | | ballot in the secure voting box. |
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| 53 | 53 | | (c) A person who places a ballot in the secure voting box on |
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| 54 | 54 | | behalf of the voter under Subsection (b)(2) is an assistant for |
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| 55 | 55 | | purposes of Section 86.0051(b), and Section 86.006(f) does not |
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| 56 | 56 | | apply to that person. |
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| 57 | 57 | | Sec. 108.005. DELIVERY OF SECURE VOTING BOX TO EARLY VOTING |
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| 58 | 58 | | CLERK. The jail administrator shall ensure that all ballots placed |
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| 59 | 59 | | in a secure voting box under this chapter have been delivered to the |
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| 60 | 60 | | registrar not later than the deadline described by Section |
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| 61 | 61 | | 86.007(a)(2). |
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| 62 | 62 | | Sec. 108.006. PERSON CONFINED IN JAIL IN COUNTY OTHER THAN |
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| 63 | 63 | | COUNTY OF RESIDENCE. (a) A person who is confined in a jail that is |
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| 64 | 64 | | located in a county where the person does not reside may cast a |
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| 65 | 65 | | ballot by placing the ballot in a secure voting box under this |
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| 66 | 66 | | chapter. |
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| 67 | 67 | | (b) A ballot to which this section applies shall be |
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| 68 | 68 | | forwarded by the early voting clerk to the proper early voting clerk |
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| 69 | 69 | | as soon as practicable. |
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| 70 | 70 | | (c) A ballot forwarded under this section is considered |
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| 71 | 71 | | timely received by the proper early voting clerk if it is received |
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| 72 | 72 | | by the early voting clerk of the county where the jail is located |
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| 73 | 73 | | not later than the deadline described by Section 86.007(a)(2). |
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| 74 | 74 | | SECTION 2. Chapter 108, Election Code, as added by this Act, |
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| 75 | 75 | | applies only to an election ordered on or after the effective date |
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| 76 | 76 | | of this Act. An election ordered before the effective date of this |
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| 77 | 77 | | Act is governed by the law in effect when the election was ordered, |
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| 78 | 78 | | and the former law is continued in effect for that purpose. |
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| 79 | 79 | | SECTION 3. This Act takes effect September 1, 2019. |
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