| 1 | 1 | | By: Menéndez S.B. No. 102 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to providing for voter registration at a polling place |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter A, Chapter 12, Election Code, is |
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| 9 | 9 | | amended by adding Section 12.007 to read as follows: |
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| 10 | 10 | | Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER |
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| 11 | 11 | | REGISTRARS. An election officer serving a polling place for early |
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| 12 | 12 | | voting by personal appearance is a deputy voter registrar and has |
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| 13 | 13 | | the same authority as a regular deputy registrar. |
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| 14 | 14 | | SECTION 2. Section 65.051(a), Election Code, is amended to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | (a) The early voting ballot board shall verify and count |
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| 17 | 17 | | provisional ballots as provided by this subchapter not later than |
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| 18 | 18 | | the 10th [seventh] day after the date of an election. |
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| 19 | 19 | | SECTION 3. Section 65.054, Election Code, is amended by |
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| 20 | 20 | | amending Subsection (b) and adding Subsection (b-1) to read as |
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| 21 | 21 | | follows: |
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| 22 | 22 | | (b) Except as provided by Subsection (b-1), a [A] |
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| 23 | 23 | | provisional ballot may be accepted only if the board determines |
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| 24 | 24 | | that, from the information in the affidavit or contained in public |
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| 25 | 25 | | records, the person is eligible to vote in the election and has not |
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| 26 | 26 | | previously voted in that election. |
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| 27 | 27 | | (b-1) A provisional ballot cast under Section 85.0312 shall |
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| 28 | 28 | | be accepted if the voter registrar determines the applicant is |
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| 29 | 29 | | eligible for registration under Section 85.0312(d). |
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| 30 | 30 | | SECTION 4. Section 67.003, Election Code, is amended to |
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| 31 | 31 | | read as follows: |
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| 32 | 32 | | Sec. 67.003. TIME FOR LOCAL CANVASS. (a) Except as |
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| 33 | 33 | | provided by Subsection (b), each local canvassing authority shall |
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| 34 | 34 | | convene to conduct the local canvass at the time set by the |
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| 35 | 35 | | canvassing authority's presiding officer not earlier than the 11th |
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| 36 | 36 | | [eighth] day or later than the 14th [11th] day after election day. |
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| 37 | 37 | | (b) For an election held on the uniform election date in |
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| 38 | 38 | | May, the local canvass must occur not later than the 14th [11th] day |
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| 39 | 39 | | after election day and not earlier than the later of: |
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| 40 | 40 | | (1) the third day after election day; |
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| 41 | 41 | | (2) the date on which the early voting ballot board has |
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| 42 | 42 | | verified and counted all provisional ballots, if a provisional |
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| 43 | 43 | | ballot has been cast in the election; or |
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| 44 | 44 | | (3) the date on which all timely received ballots cast |
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| 45 | 45 | | from addresses outside of the United States are counted, if a ballot |
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| 46 | 46 | | to be voted by mail in the election was provided to a person outside |
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| 47 | 47 | | of the United States. |
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| 48 | 48 | | SECTION 5. Subchapter B, Chapter 85, Election Code, is |
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| 49 | 49 | | amended by adding Section 85.0312 to read as follows: |
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| 50 | 50 | | Sec. 85.0312. REGISTRATION AT POLLING PLACE DURING EARLY |
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| 51 | 51 | | VOTING WITH PRESENTATION OF PHOTO IDENTIFICATION. (a) A person |
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| 52 | 52 | | who would be eligible to vote in an election under Section 11.001, |
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| 53 | 53 | | but for the requirement to be a registered voter, shall be accepted |
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| 54 | 54 | | during early voting by personal appearance for voting the ballot |
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| 55 | 55 | | for the precinct of the person's residence as shown by the |
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| 56 | 56 | | identification presented if, on the day the person offers to vote, |
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| 57 | 57 | | the person: |
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| 58 | 58 | | (1) submits a voter registration application that |
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| 59 | 59 | | complies with Section 13.002 to an election officer at the polling |
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| 60 | 60 | | place; and |
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| 61 | 61 | | (2) presents as proof of residence a photo |
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| 62 | 62 | | identification under Section 63.0101(a) that states the person's |
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| 63 | 63 | | current address on the day the person seeks to vote. |
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| 64 | 64 | | (b) The election officer shall return the original proof of |
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| 65 | 65 | | residence to the voter. |
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| 66 | 66 | | (c) A person voting under this section shall vote a |
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| 67 | 67 | | provisional ballot in the manner provided by Section 63.011 except |
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| 68 | 68 | | that the person is not required to submit the affidavit under |
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| 69 | 69 | | Section 63.011(a). |
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| 70 | 70 | | (d) For each registration corresponding to a ballot cast |
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| 71 | 71 | | under this section, the voter registrar shall review the |
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| 72 | 72 | | application and determine whether the applicant is eligible for |
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| 73 | 73 | | registration as provided by Subchapter C, Chapter 13. The |
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| 74 | 74 | | registrar shall inform the early voting ballot board of a |
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| 75 | 75 | | determination made under this subsection. A registration approved |
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| 76 | 76 | | under this subsection takes effect on the date the vote was cast. |
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| 77 | 77 | | (e) The secretary of state may by rule: |
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| 78 | 78 | | (1) designate additional documents that a person may |
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| 79 | 79 | | offer to prove the person's residence to register and vote under |
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| 80 | 80 | | this section; and |
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| 81 | 81 | | (2) prescribe procedures to implement this section. |
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| 82 | 82 | | SECTION 6. This Act takes effect September 1, 2017. |
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