| 1 | 1 | | 87R117 ADM-D |
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| 2 | 2 | | By: Button H.B. No. 3285 |
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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 eligibility to serve as an interpreter in an election. |
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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 61.032, Election Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 61.032. INTERPRETER PERMITTED. If an election officer |
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| 12 | 12 | | who attempts to communicate with a voter does not understand the |
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| 13 | 13 | | language used by the voter, the voter may communicate through an |
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| 14 | 14 | | interpreter selected by the voter or, if the voter has not selected |
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| 15 | 15 | | an interpreter, any interpreter an election officer may appoint. |
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| 16 | 16 | | SECTION 2. Section 61.033, Election Code, is amended to |
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| 17 | 17 | | read as follows: |
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| 18 | 18 | | Sec. 61.033. ELIGIBILITY TO SERVE AS INTERPRETER. To be |
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| 19 | 19 | | eligible to serve as an interpreter, a person: |
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| 20 | 20 | | (1) if selected by the voter, may be any person other |
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| 21 | 21 | | than the voter's employer, an agent of the voter's employer, or an |
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| 22 | 22 | | officer or agent of a labor union to which the voter belongs; or |
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| 23 | 23 | | (2) if appointed to serve as an interpreter by an |
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| 24 | 24 | | election officer, must be a registered voter of the county in which |
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| 25 | 25 | | the voter needing the interpreter resides or a registered voter of |
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| 26 | 26 | | an adjacent county. |
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| 27 | 27 | | SECTION 3. Section 61.034, Election Code, is amended to |
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| 28 | 28 | | read as follows: |
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| 29 | 29 | | Sec. 61.034. TRANSLATING BALLOT. If a voter cannot |
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| 30 | 30 | | comprehend the language in which the ballot is printed, the voter |
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| 31 | 31 | | may receive assistance in accordance with Subchapter B, Chapter 64 |
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| 32 | 32 | | [an interpreter may accompany the voter to the voting station for |
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| 33 | 33 | | the purpose of translating the ballot to the voter]. |
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| 34 | 34 | | SECTION 4. Section 61.035, Election Code, is amended to |
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| 35 | 35 | | read as follows: |
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| 36 | 36 | | Sec. 61.035. OATH. (a) Before serving as an interpreter, |
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| 37 | 37 | | the person selected as interpreter must take the following oath |
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| 38 | 38 | | administered by an election officer: |
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| 39 | 39 | | "I swear (or affirm) that, to the best of my ability, I will |
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| 40 | 40 | | correctly interpret and translate each question, answer, or |
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| 41 | 41 | | statement addressed either to the voter by any election officer or |
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| 42 | 42 | | to an election officer by the voter." |
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| 43 | 43 | | (b) A person who will be providing ballot assistance under |
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| 44 | 44 | | Section 61.034 must also take the oath required by Subchapter B, |
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| 45 | 45 | | Chapter 64, and meet all other requirements of that subchapter. |
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| 46 | 46 | | SECTION 5. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2021. |
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