| 1 | 1 | | 87S20231 MCK-D |
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| 2 | 2 | | By: Martinez H.B. No. 169 |
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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 acceptance of a provisional ballot after a natural |
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| 8 | 8 | | disaster. |
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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 65.054(b), Election Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (b) A provisional ballot shall be accepted if the board |
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| 13 | 13 | | determines that: |
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| 14 | 14 | | (1) from the information in the affidavit or contained |
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| 15 | 15 | | in public records, the person is eligible to vote in the election |
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| 16 | 16 | | and has not previously voted in that election; |
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| 17 | 17 | | (2) the person: |
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| 18 | 18 | | (A) meets the identification requirements of |
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| 19 | 19 | | Section 63.001(b) at the time the ballot was cast or in the period |
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| 20 | 20 | | prescribed under Section 65.0541; |
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| 21 | 21 | | (B) notwithstanding Chapter 110, Civil Practice |
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| 22 | 22 | | and Remedies Code, executes an affidavit under penalty of perjury |
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| 23 | 23 | | that states the voter has a religious objection to being |
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| 24 | 24 | | photographed and the voter has consistently refused to be |
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| 25 | 25 | | photographed for any governmental purpose from the time the voter |
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| 26 | 26 | | has held this belief; or |
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| 27 | 27 | | (C) executes an affidavit under penalty of |
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| 28 | 28 | | perjury that states the voter does not have any identification |
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| 29 | 29 | | meeting the requirements of Section 63.001(b) as a result of a |
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| 30 | 30 | | natural disaster that was declared by the president of the United |
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| 31 | 31 | | States or the governor, occurred not earlier than the 60th day [45 |
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| 32 | 32 | | days] before the date the ballot was cast, and caused the |
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| 33 | 33 | | destruction of or inability to access the voter's identification; |
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| 34 | 34 | | and |
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| 35 | 35 | | (3) the voter has not been challenged and voted a |
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| 36 | 36 | | provisional ballot solely because the voter did not meet the |
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| 37 | 37 | | requirements for identification prescribed by Section 63.001(b). |
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| 38 | 38 | | SECTION 2. This Act takes effect on the 91st day after the |
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| 39 | 39 | | last day of the legislative session. |
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