87S20231 MCK-D
By: Martinez H.B. No. 169
A BILL TO BE ENTITLED
AN ACT
relating to the acceptance of a provisional ballot after a natural
disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 65.054(b), Election Code, is amended to
read as follows:
(b) A provisional ballot shall be accepted if the board
determines that:
(1) from the information in the affidavit or contained
in public records, the person is eligible to vote in the election
and has not previously voted in that election;
(2) the person:
(A) meets the identification requirements of
Section 63.001(b) at the time the ballot was cast or in the period
prescribed under Section 65.0541;
(B) notwithstanding Chapter 110, Civil Practice
and Remedies Code, executes an affidavit under penalty of perjury
that states the voter has a religious objection to being
photographed and the voter has consistently refused to be
photographed for any governmental purpose from the time the voter
has held this belief; or
(C) executes an affidavit under penalty of
perjury that states the voter does not have any identification
meeting the requirements of Section 63.001(b) as a result of a
natural disaster that was declared by the president of the United
States or the governor, occurred not earlier than the 60th day [45
days] before the date the ballot was cast, and caused the
destruction of or inability to access the voter's identification;
and
(3) the voter has not been challenged and voted a
provisional ballot solely because the voter did not meet the
requirements for identification prescribed by Section 63.001(b).
SECTION 2. This Act takes effect on the 91st day after the
last day of the legislative session.