| 1 | 1 | | By: Noble H.B. No. 21 |
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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 requirement that a ballot to be voted by mail be |
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| 7 | 7 | | canceled and returned before voting in person. |
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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 84.031, Election Code, is amended by |
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| 10 | 10 | | amending Subsection (b) and adding Subsection (c) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (b) A person whose application is canceled by returning the |
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| 13 | 13 | | person's ballot in accordance with Section 84.032, if otherwise |
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| 14 | 14 | | eligible, may vote in the same manner as if the application had not |
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| 15 | 15 | | been submitted. |
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| 16 | 16 | | (c) A person whose application is canceled in any other |
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| 17 | 17 | | manner may cast a provisional ballot under Section 63.011. |
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| 18 | 18 | | SECTION 2. Section 84.032, Election Code, is amended by |
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| 19 | 19 | | adding Subsections (g), (h), and (i) to read as follows: |
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| 20 | 20 | | (g) The early voting clerk shall deliver each request for |
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| 21 | 21 | | cancellation to the early voting ballot board to ensure a canceled |
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| 22 | 22 | | ballot is not counted. |
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| 23 | 23 | | (h) The early voting clerk and presiding election judge |
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| 24 | 24 | | shall keep a log of each ballot returned and shall provide a copy of |
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| 25 | 25 | | the log to the early voting ballot board to ensure that the canceled |
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| 26 | 26 | | ballot is not counted in the election. Returned ballots must be |
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| 27 | 27 | | kept in a secure container with a chain of custody maintained by the |
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| 28 | 28 | | early voting clerk. |
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| 29 | 29 | | (i) The log under Subsection (h) shall include for each |
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| 30 | 30 | | entry: |
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| 31 | 31 | | (1) the voter's name; |
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| 32 | 32 | | (2) an identification number unique to the voter; |
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| 33 | 33 | | (3) the voter's signature; and |
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| 34 | 34 | | (4) the date and time the application was returned. |
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| 35 | 35 | | SECTION 3. Section 84.033, Election Code, is amended by |
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| 36 | 36 | | adding Subsection (e) to read as follows: |
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| 37 | 37 | | (e) The election officer shall electronically submit a |
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| 38 | 38 | | record to the secretary of state of each application canceled in a |
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| 39 | 39 | | primary, a runoff primary, a general election, or any special |
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| 40 | 40 | | election ordered by the governor on the day the application is |
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| 41 | 41 | | canceled. |
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| 42 | 42 | | SECTION 4. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect on the 91st day after the last day of the |
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| 47 | 47 | | legislative session. |
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