| 1 | 1 | | By: Jetton H.B. No. 4322 |
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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 the location of 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. Section 43.031, Election Code, is amended by |
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| 9 | 9 | | amending Subsections (b) and (e) and adding Subsection (b-1) to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (b) Each polling place shall be located inside a building. A |
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| 12 | 12 | | polling place may not be located in a tent or other temporary |
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| 13 | 13 | | moveable structure or in a facility primarily designed for motor |
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| 14 | 14 | | vehicles. No voter may cast a vote from inside a motor vehicle |
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| 15 | 15 | | unless the voter meets the requirements of Section 64.009. |
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| 16 | 16 | | (b-1) A polling place may not be located in: |
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| 17 | 17 | | (1) a tent or other temporary or movable structure; or |
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| 18 | 18 | | (2) a parking garage, parking lot, or similar facility |
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| 19 | 19 | | primarily designed for motor vehicles. |
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| 20 | 20 | | (e) A polling place may not be located at [the] a personal |
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| 21 | 21 | | residence [of a person who is: |
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| 22 | 22 | | [(1) a candidate for an elective office, including an |
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| 23 | 23 | | office of a political party; or |
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| 24 | 24 | | [(2) related within the third degree by consanguinity |
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| 25 | 25 | | or the second degree by affinity, as determined under Chapter 573, |
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| 26 | 26 | | Government Code, to a candidate described by Subdivision (1)]. |
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| 27 | 27 | | SECTION 2. Section 85.062(b), Election Code, is amended to |
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| 28 | 28 | | read as follows: |
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| 29 | 29 | | (b) A polling place established under this section may be |
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| 30 | 30 | | located, subject to Subsection (d), at any place in the territory |
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| 31 | 31 | | served by the early voting clerk and may be located inside [in] any |
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| 32 | 32 | | building [stationary structure] as directed by the authority |
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| 33 | 33 | | establishing the branch office. The polling place may not be |
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| 34 | 34 | | located in a tent or other temporary movable structure or in a |
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| 35 | 35 | | facility designed primarily for motor vehicles in the general |
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| 36 | 36 | | election for state and county officers, general primary election, |
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| 37 | 37 | | or runoff primary election. Ropes or other suitable objects may be |
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| 38 | 38 | | used at the polling place to ensure compliance with Section 62.004. |
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| 39 | 39 | | Persons who are not expressly permitted by law to be in a polling |
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| 40 | 40 | | place shall be excluded from the polling place to the extent |
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| 41 | 41 | | practicable. |
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| 42 | 42 | | SECTION 3. The following provision of the Election Code is |
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| 43 | 43 | | repealed: |
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| 44 | 44 | | (1) Section 85.062(e). |
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| 45 | 45 | | SECTION 4. This Act takes effect September 1, 2021. |
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