1 | 1 | | 87R26522 MLH-F |
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2 | 2 | | By: Hughes S.B. No. 2256 |
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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 federal election practices and procedures. |
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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 31.007, Election Code, is amended to |
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10 | 10 | | read as follows: |
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11 | 11 | | Sec. 31.007. SUSPENSION OF PROVISIONS IMPLEMENTING FEDERAL |
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12 | 12 | | LAW [NATIONAL VOTER REGISTRATION ACT]. (a) If under federal law, |
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13 | 13 | | order, regulation, or other official action any provision of |
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14 | 14 | | federal law regarding the registration of voters or conduct of |
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15 | 15 | | elections, including the National Voter Registration Act of 1993 or |
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16 | 16 | | its successors, is not required to be implemented or enforced in |
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17 | 17 | | whole or in part, an affected state law or rule is suspended to the |
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18 | 18 | | extent that the law or rule was enacted or adopted to implement that |
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19 | 19 | | law [Act], and it is the intent of the legislature that the |
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20 | 20 | | applicable law in effect immediately before the enactment or |
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21 | 21 | | adoption be reinstated and continued in effect pending enactment of |
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22 | 22 | | corrective state legislation. |
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23 | 23 | | (b) On a finding by the secretary of state that a suspension |
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24 | 24 | | of a law or rule has occurred under Subsection (a), the secretary |
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25 | 25 | | may modify applicable procedures as necessary to give effect to the |
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26 | 26 | | suspension and to reinstatement of the procedures of the former |
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27 | 27 | | law. |
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28 | 28 | | (c) The secretary of state may adopt rules to implement this |
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29 | 29 | | section as necessary. |
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30 | 30 | | SECTION 2. Subchapter A, Chapter 31, Election Code, is |
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31 | 31 | | amended by adding Section 31.0075 to read as follows: |
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32 | 32 | | Sec. 31.0075. TEMPORARY MEASURES TO IMPLEMENT FEDERAL LAW. |
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33 | 33 | | (a) Pending enactment of conforming state legislation, the |
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34 | 34 | | secretary of state shall by rule, after consulting with the chair |
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35 | 35 | | and vice chair of the standing committees of the senate and house of |
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36 | 36 | | representatives having jurisdiction over elections, adopt |
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37 | 37 | | procedures to conform with federal laws enacted regarding federal |
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38 | 38 | | elections in a manner that does not substantively modify the |
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39 | 39 | | procedures for voter registration for or conduct of elections |
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40 | 40 | | provided in this code, other than federal elections, except as |
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41 | 41 | | provided by this section. |
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42 | 42 | | (b) In compliance with Subsection (a), to the extent federal |
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43 | 43 | | law modifies the requirements or procedures provided in this code |
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44 | 44 | | for voter registration in federal elections, the secretary of state |
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45 | 45 | | shall by rule establish and maintain a federal election voter |
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46 | 46 | | registration system in compliance with federal law. Any person |
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47 | 47 | | registered under this system may not be eligible to vote in any |
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48 | 48 | | election other than a federal election unless that person is |
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49 | 49 | | qualified and registered to vote under Title 2. Any person seeking |
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50 | 50 | | to register to vote under the federal election voter registration |
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51 | 51 | | system established under this subsection shall be notified upon |
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52 | 52 | | registering to vote under this system that registration to vote in |
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53 | 53 | | federal elections does not qualify a person to vote in any other |
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54 | 54 | | election conducted in this state unless that person registers to |
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55 | 55 | | vote as provided by Title 2. All persons registered to vote as |
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56 | 56 | | provided by Title 2 shall be automatically registered to vote under |
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57 | 57 | | the federal election voter registration system established under |
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58 | 58 | | this subsection. Any voter registration certificate issued or list |
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59 | 59 | | of registered voters produced under the federal election voter |
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60 | 60 | | registration system established under this subsection shall be |
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61 | 61 | | clearly marked "Valid for federal elections only." |
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62 | 62 | | (c) In compliance with Subsection (a), to the extent federal |
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63 | 63 | | law modifies the conduct of elections for federal office in a manner |
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64 | 64 | | that substantively conflicts with any provision of this code, |
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65 | 65 | | notwithstanding any other provision of this code, the secretary of |
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66 | 66 | | state shall by rule modify the uniform election dates and other |
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67 | 67 | | associated dates and deadlines provided in this code so that no |
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68 | 68 | | election other than an election for federal office is held on the |
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69 | 69 | | same date as any special election for a member of Congress, a |
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70 | 70 | | federal primary, a federal primary runoff, or a general election |
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71 | 71 | | for federal office. |
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72 | 72 | | SECTION 3. The changes in law made by this Act apply only to |
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73 | 73 | | an application to register to vote submitted on or after the |
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74 | 74 | | effective date of this Act. |
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75 | 75 | | SECTION 4. This Act takes effect September 1, 2021. |
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