| 1 | 1 | | 87R11743 ADM-D |
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| 2 | 2 | | By: Crockett H.B. No. 3719 |
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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 elements of the offense of illegal voting and to |
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| 8 | 8 | | procedures for a person voting a provisional ballot. |
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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 63.011, Election Code, is amended by |
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| 11 | 11 | | adding Subsection (a-2) to read as follows: |
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| 12 | 12 | | (a-2) Before an election officer provides a person with an |
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| 13 | 13 | | affidavit to be executed under this section, the election officer |
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| 14 | 14 | | shall orally inform the person of each requirement to be eligible to |
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| 15 | 15 | | register as a voter in this state under Section 13.001. |
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| 16 | 16 | | SECTION 2. Section 64.012, Election Code, is amended by |
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| 17 | 17 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 18 | 18 | | follows: |
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| 19 | 19 | | (a) A person commits an offense if the person: |
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| 20 | 20 | | (1) votes or attempts to vote in an election if [in |
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| 21 | 21 | | which] the person knows: |
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| 22 | 22 | | (A) of particular circumstances that make the |
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| 23 | 23 | | person [is] not eligible to vote in the election; and |
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| 24 | 24 | | (B) that those circumstances make the person not |
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| 25 | 25 | | eligible to vote in the election; |
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| 26 | 26 | | (2) knowingly votes or attempts to vote more than once |
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| 27 | 27 | | in an election; |
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| 28 | 28 | | (3) knowingly votes or attempts to vote a ballot |
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| 29 | 29 | | belonging to another person, or by impersonating another person; or |
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| 30 | 30 | | (4) knowingly marks or attempts to mark any portion of |
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| 31 | 31 | | another person's ballot without the consent of that person, or |
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| 32 | 32 | | without specific direction from that person how to mark the ballot. |
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| 33 | 33 | | (c) It is an exception to the application of Subsection |
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| 34 | 34 | | (a)(1) that the person: |
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| 35 | 35 | | (1) voted or attempted to vote a provisional ballot in |
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| 36 | 36 | | accordance with Section 63.011; and |
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| 37 | 37 | | (2) did not receive the information required by |
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| 38 | 38 | | Section 63.011(a-2). |
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| 39 | 39 | | SECTION 3. The change in law made by this Act applies only |
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| 40 | 40 | | to an offense committed on or after the effective date of this Act. |
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| 41 | 41 | | An offense committed before the effective date of this Act is |
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| 42 | 42 | | governed by the law in effect on the date the offense was committed, |
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| 43 | 43 | | and the former law is continued in effect for that purpose. For |
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| 44 | 44 | | purposes of this section, an offense was committed before the |
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| 45 | 45 | | effective date of this Act if any element of the offense occurred |
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| 46 | 46 | | before that date. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2021. |
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