| 1 | 1 | | 88R13400 TSS-F |
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| 2 | 2 | | By: Hayes H.B. No. 4036 |
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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 permitting poll watchers to observe certain procedures |
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| 8 | 8 | | of correcting a defect in an early voting ballot voted by mail. |
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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 87.0271, Election Code, is amended by |
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| 11 | 11 | | amending Subsections (c) and (e) and adding Subsections (e-1) and |
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| 12 | 12 | | (h) to read as follows: |
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| 13 | 13 | | (c) If the signature verification committee determines |
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| 14 | 14 | | under Subsection (b)(1) that it would not be possible for the voter |
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| 15 | 15 | | to correct the defect and return the carrier envelope before the |
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| 16 | 16 | | time the polls are required to close on election day, the committee |
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| 17 | 17 | | may notify the voter of the defect by telephone or e-mail and inform |
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| 18 | 18 | | the voter that the voter may request to have the voter's application |
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| 19 | 19 | | to vote by mail canceled in the manner described by Section 84.032 |
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| 20 | 20 | | or come to the early voting clerk's office in person not later than |
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| 21 | 21 | | the sixth day after election day to correct the defect, subject to |
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| 22 | 22 | | Subsection (h). |
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| 23 | 23 | | (e) A poll watcher is entitled to observe an action taken |
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| 24 | 24 | | under Subsection (b), [or] (c), or (h). |
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| 25 | 25 | | (e-1) A poll watcher who wishes to observe an action under |
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| 26 | 26 | | Subsection (b), (c), or (h) shall submit the watcher's name, e-mail |
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| 27 | 27 | | address, and phone number to the chair of the signature |
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| 28 | 28 | | verification committee. Not less than four hours before taking an |
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| 29 | 29 | | action under Subsection (b), (c), or (h), the signature |
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| 30 | 30 | | verification committee must provide notice by phone and e-mail to |
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| 31 | 31 | | each watcher who has submitted the information required by this |
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| 32 | 32 | | subsection, including the date, time, and place the action will be |
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| 33 | 33 | | taken. |
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| 34 | 34 | | (h) A defect in a ballot may not be corrected in person |
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| 35 | 35 | | unless two members of the signature verification committee |
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| 36 | 36 | | appointed under Section 87.027(d) are present, each being aligned |
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| 37 | 37 | | with a different political party, if applicable. |
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| 38 | 38 | | SECTION 2. The changes in law made by this Act apply only to |
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| 39 | 39 | | an election held on or after the effective date of this Act. An |
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| 40 | 40 | | election held before the effective date of this Act is governed by |
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| 41 | 41 | | the law in effect when the election was held, and that law is |
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| 42 | 42 | | continued in effect for that purpose. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2023. |
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