1 | 1 | | 87R8453 SGM-D |
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2 | 2 | | By: Guillen H.B. No. 2672 |
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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 public inspection of certain early voting information; |
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8 | 8 | | creating a criminal offense. |
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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. Section 87.121, Election Code, as amended by |
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11 | 11 | | Chapters 1083 (H.B. 1850) and 1215 (S.B. 902), Acts of the 86th |
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12 | 12 | | Legislature, Regular Session, 2019, is reenacted and amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | Sec. 87.121. EARLY VOTING ROSTERS. (a) The early voting |
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15 | 15 | | clerk shall maintain for each election a roster listing each person |
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16 | 16 | | who votes an early voting ballot by personal appearance and a roster |
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17 | 17 | | listing each person to whom an early voting ballot to be voted by |
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18 | 18 | | mail is sent. |
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19 | 19 | | (b) For each person listed, the applicable roster must |
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20 | 20 | | include: |
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21 | 21 | | (1) the person's name, address, and voter registration |
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22 | 22 | | number; |
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23 | 23 | | (2) an identification of the person's county election |
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24 | 24 | | precinct of registration; and |
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25 | 25 | | (3) the date of voting or the date the ballot was |
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26 | 26 | | mailed to the person, as applicable. |
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27 | 27 | | (c) Each roster shall be updated daily. |
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28 | 28 | | (d) Each roster may be maintained in any form approved by |
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29 | 29 | | the secretary of state. |
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30 | 30 | | (e) The clerk shall preserve each roster after the election |
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31 | 31 | | for the period for preserving the precinct election records. |
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32 | 32 | | (f) Information on the roster for a person to whom an early |
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33 | 33 | | voting mail ballot has been sent is not available for public |
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34 | 34 | | inspection, except to the voter seeking to verify that the |
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35 | 35 | | information pertaining to the voter is accurate, until the first |
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36 | 36 | | business day after election day. |
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37 | 37 | | (g) Information on the roster for a person who votes an |
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38 | 38 | | early voting ballot by personal appearance shall be made available |
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39 | 39 | | for public inspection as provided by Subsection (i) not later than |
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40 | 40 | | 11 a.m. on the day after the date the information is entered on the |
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41 | 41 | | roster under Subsection (c). On the request of a person, the early |
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42 | 42 | | voting clerk shall provide a copy of the roster in a paper or an |
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43 | 43 | | electronic format. |
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44 | 44 | | (h) Information on the roster for a person who votes an |
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45 | 45 | | early voting ballot by mail shall be made available for public |
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46 | 46 | | inspection as provided by Subsection (i) not later than 11 a.m. on |
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47 | 47 | | the day following the day the early voting clerk receives a ballot |
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48 | 48 | | voted by mail. On the request of a person, the early voting clerk |
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49 | 49 | | shall provide a copy of the roster in a paper or an electronic |
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50 | 50 | | format. |
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51 | 51 | | (i) The information under Subsections (g) and (h) must be |
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52 | 52 | | made available: |
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53 | 53 | | (1) for an election in which the county clerk is the |
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54 | 54 | | early voting clerk: |
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55 | 55 | | (A) on the publicly accessible Internet website |
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56 | 56 | | of the county; or |
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57 | 57 | | (B) if the county does not maintain a website, on |
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58 | 58 | | the bulletin board used for posting notice of meetings of the |
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59 | 59 | | commissioners court; or |
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60 | 60 | | (2) for an election not described by Subdivision (1): |
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61 | 61 | | (A) on the publicly accessible Internet website |
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62 | 62 | | of the authority ordering the election; or |
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63 | 63 | | (B) if the authority ordering the election does |
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64 | 64 | | not maintain a website, on the bulletin board used for posting |
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65 | 65 | | notice of meetings of the governing body of the authority. |
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66 | 66 | | (j) [(i)] The early voting clerk for a primary election or |
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67 | 67 | | the general election for state and county officers shall submit to |
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68 | 68 | | the secretary of state for posting on the secretary of state's |
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69 | 69 | | Internet website the information described by: |
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70 | 70 | | (1) Subsection (g) not later than 11 a.m. on the day |
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71 | 71 | | after the date the information is entered on the roster under |
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72 | 72 | | Subsection (c); and |
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73 | 73 | | (2) Subsection (h) not later than 11 a.m. on the day |
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74 | 74 | | following the day the early voting clerk receives a ballot voted by |
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75 | 75 | | mail. |
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76 | 76 | | (k) [(j)] The secretary of state shall [make any early |
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77 | 77 | | voting roster created under this section available to the public on |
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78 | 78 | | the secretary's Internet website. |
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79 | 79 | | [(j) The secretary of state shall] post the information |
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80 | 80 | | described by Subsection (j) [(i)] on the secretary of state's |
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81 | 81 | | Internet website in a downloadable format. |
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82 | 82 | | (l) [(k)] The secretary of state shall create a system for |
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83 | 83 | | an early voting clerk for a primary election or the general election |
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84 | 84 | | for state and county officers to provide the information to the |
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85 | 85 | | secretary of state for posting on the secretary of state's Internet |
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86 | 86 | | website under Subsection (j) [(i)]. |
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87 | 87 | | (m) A person commits an offense if the person: |
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88 | 88 | | (1) is responsible for maintaining the roster under |
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89 | 89 | | this section; and |
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90 | 90 | | (2) fails to provide information on or a copy of the |
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91 | 91 | | roster under Subsection (g) or (h). |
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92 | 92 | | (n) An offense under Subsection (m) is a Class C |
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93 | 93 | | misdemeanor. |
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94 | 94 | | SECTION 2. To the extent of any conflict, this Act prevails |
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95 | 95 | | over another Act of the 87th Legislature, Regular Session, 2021, |
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96 | 96 | | relating to nonsubstantive additions to and corrections in enacted |
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97 | 97 | | codes. |
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98 | 98 | | SECTION 3. This Act takes effect September 1, 2021. |
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