1 | 1 | | H.B. No. 1217 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the administration of and procedures relating to early |
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6 | 6 | | voting by personal appearance. |
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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 19.004(a), Election Code, is amended to |
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9 | 9 | | read as follows: |
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10 | 10 | | (a) Except as provided by Subsection (d), state funds |
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11 | 11 | | disbursed under this chapter may be used only to: |
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12 | 12 | | (1) defray expenses of the registrar's office in |
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13 | 13 | | connection with voter registration, including additional expenses |
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14 | 14 | | related to: |
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15 | 15 | | (A) [(1)] implementation of the National Voter |
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16 | 16 | | Registration Act of 1993 (52 U.S.C. Section 20501 et seq.) [(42 |
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17 | 17 | | U.S.C. Section 1973gg et seq.)]; |
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18 | 18 | | (B) [(2)] complying with [the] weekly updating |
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19 | 19 | | requirements [prescribed by Section 18.063]; and |
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20 | 20 | | (C) [(3)] the employment of temporary voter |
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21 | 21 | | registration personnel for not more than 39 weeks in a state fiscal |
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22 | 22 | | year; and |
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23 | 23 | | (2) if the registrar's county has a population of less |
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24 | 24 | | than 55,000, defray the cost to the registrar's county of keeping |
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25 | 25 | | the polling places in the county open during the early voting period |
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26 | 26 | | as required under Sections 85.005(c), 85.006(e), and 85.064(d). |
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27 | 27 | | SECTION 2. Section 85.005(c), Election Code, is amended to |
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28 | 28 | | read as follows: |
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29 | 29 | | (c) Voting [In a county with a population of 55,000 or more, |
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30 | 30 | | the voting] in a primary election or the general election for state |
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31 | 31 | | and county officers shall be conducted at the main early voting |
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32 | 32 | | polling place for at least 12 consecutive hours on each weekday of |
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33 | 33 | | the last week of the early voting period, and the voting in a |
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34 | 34 | | special election ordered by the governor shall be conducted at the |
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35 | 35 | | main early voting polling place for at least 12 consecutive hours on |
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36 | 36 | | each of the last two days of the early voting period. Voting under |
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37 | 37 | | this subsection may not be conducted earlier than 6 a.m. or later |
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38 | 38 | | than 10 p.m. [Voting shall be conducted in accordance with this |
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39 | 39 | | subsection in those elections in a county with a population under |
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40 | 40 | | 55,000 on receipt by the early voting clerk of a written request for |
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41 | 41 | | the extended hours submitted by at least 15 registered voters of the |
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42 | 42 | | county. The request must be submitted in time to enable compliance |
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43 | 43 | | with Section 85.067.] |
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44 | 44 | | SECTION 3. Section 85.006(e), Election Code, is amended to |
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45 | 45 | | read as follows: |
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46 | 46 | | (e) In a primary election or the general election for state |
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47 | 47 | | and county officers [in a county with a population of 55,000 or |
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48 | 48 | | more], the early voting clerk shall order voting by personal |
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49 | 49 | | appearance at the main early voting polling place to be conducted on |
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50 | 50 | | the last Saturday of the early voting period for at least 12 |
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51 | 51 | | consecutive hours, except that voting may not be conducted earlier |
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52 | 52 | | than 6 a.m. or later than 10 p.m., and on the last Sunday of the |
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53 | 53 | | early voting period for at least six consecutive hours, except that |
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54 | 54 | | voting may not be conducted earlier than 9 a.m. or later than 10 |
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55 | 55 | | p.m. [The early voting clerk shall order voting to be conducted at |
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56 | 56 | | those times in those elections in a county with a population under |
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57 | 57 | | 55,000 on receipt of a written request for those hours submitted by |
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58 | 58 | | at least 15 registered voters of the county. The request must be |
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59 | 59 | | submitted in time to enable compliance with Section 85.007.] This |
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60 | 60 | | subsection supersedes any provision of this subchapter to the |
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61 | 61 | | extent of any conflict. |
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62 | 62 | | SECTION 4. The heading to Section 85.064, Election Code, is |
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63 | 63 | | amended to read as follows: |
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64 | 64 | | Sec. 85.064. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH |
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65 | 65 | | [IN POPULOUS COUNTY]. |
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66 | 66 | | SECTION 5. Section 85.064(d), Election Code, is amended to |
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67 | 67 | | read as follows: |
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68 | 68 | | (d) The authority authorized under Section 85.006 to order |
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69 | 69 | | early voting on a Saturday or Sunday may also order, in the manner |
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70 | 70 | | prescribed by that section, early voting to be conducted on a |
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71 | 71 | | Saturday or Sunday at any one or more of the temporary branch |
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72 | 72 | | polling places. In addition, the early voting clerk [of a county |
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73 | 73 | | covered by Section 85.006(e)] shall order such voting in accordance |
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74 | 74 | | with Section 85.006(e) [that subsection] at each temporary branch |
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75 | 75 | | polling place established under Section 85.062(d). |
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76 | 76 | | SECTION 6. Section 85.068(a), Election Code, is amended to |
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77 | 77 | | read as follows: |
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78 | 78 | | (a) The early voting clerk shall post notice for each |
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79 | 79 | | election stating any dates and the hours that voting on Saturday or |
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80 | 80 | | Sunday will be conducted under Section 85.064(d) [or 85.065(b)], if |
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81 | 81 | | the early voting clerk is a county clerk or city secretary under |
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82 | 82 | | Section 83.002 or 83.005. |
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83 | 83 | | SECTION 7. The following provisions of the Election Code |
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84 | 84 | | are repealed: |
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85 | 85 | | (1) Section 85.064(a); and |
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86 | 86 | | (2) Section 85.065. |
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87 | 87 | | SECTION 8. The changes in law made by this Act apply only to |
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88 | 88 | | an election for which early voting begins on or after the effective |
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89 | 89 | | date of this Act. |
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90 | 90 | | SECTION 9. This Act takes effect September 1, 2023. |
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91 | 91 | | ______________________________ ______________________________ |
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92 | 92 | | President of the Senate Speaker of the House |
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93 | 93 | | I certify that H.B. No. 1217 was passed by the House on May 6, |
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94 | 94 | | 2023, by the following vote: Yeas 131, Nays 3, 2 present, not |
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95 | 95 | | voting; and that the House concurred in Senate amendments to H.B. |
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96 | 96 | | No. 1217 on May 24, 2023, by the following vote: Yeas 128, Nays 16, |
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97 | 97 | | 1 present, not voting. |
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98 | 98 | | ______________________________ |
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99 | 99 | | Chief Clerk of the House |
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100 | 100 | | I certify that H.B. No. 1217 was passed by the Senate, with |
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101 | 101 | | amendments, on May 19, 2023, by the following vote: Yeas 31, Nays |
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102 | 102 | | 0. |
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103 | 103 | | ______________________________ |
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104 | 104 | | Secretary of the Senate |
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105 | 105 | | APPROVED: __________________ |
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106 | 106 | | Date |
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107 | 107 | | __________________ |
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108 | 108 | | Governor |
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