| 1 | 1 | | 88R9125 TSS-D |
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| 2 | 2 | | By: Zwiener H.B. No. 4190 |
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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 voting a limited ballot following the change of the |
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| 8 | 8 | | county of residence by a voter. |
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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. Sections 112.002(a) and (d), Election Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) After changing residence to another county, a person is |
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| 13 | 13 | | eligible to vote a limited ballot on election day, by personal |
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| 14 | 14 | | appearance during the early voting period, or by mail if: |
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| 15 | 15 | | (1) the person would have been eligible to vote in the |
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| 16 | 16 | | county of former residence on election day if still residing in that |
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| 17 | 17 | | county; |
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| 18 | 18 | | (2) the person is registered to vote in the county of |
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| 19 | 19 | | former residence at the time the person: |
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| 20 | 20 | | (A) offers to vote in the county of new |
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| 21 | 21 | | residence; or |
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| 22 | 22 | | (B) submitted a voter registration application |
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| 23 | 23 | | in the county of new residence; and |
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| 24 | 24 | | (3) a voter registration for the person in the county |
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| 25 | 25 | | of new residence is not effective on or before election day. |
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| 26 | 26 | | (d) A statement executed under Subsection (c) shall be |
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| 27 | 27 | | submitted: |
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| 28 | 28 | | (1) to an election officer at the [main early voting] |
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| 29 | 29 | | polling place, if the person is voting by personal appearance; or |
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| 30 | 30 | | (2) with the person's application for a ballot to be |
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| 31 | 31 | | voted by mail, if the person is voting by mail. |
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| 32 | 32 | | SECTION 2. Section 112.006, Election Code, is amended to |
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| 33 | 33 | | read as follows: |
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| 34 | 34 | | Sec. 112.006. PLACE FOR VOTING BY PERSONAL APPEARANCE. A |
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| 35 | 35 | | person may vote a limited ballot by personal appearance: |
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| 36 | 36 | | (1) at any early voting polling place; or |
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| 37 | 37 | | (2) on election day, at a countywide polling place or |
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| 38 | 38 | | the polling place located in the precinct of the new residence of |
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| 39 | 39 | | the voter [only at the main early voting polling place]. |
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| 40 | 40 | | SECTION 3. Sections 112.008 and 112.009, Election Code, are |
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| 41 | 41 | | amended to read as follows: |
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| 42 | 42 | | Sec. 112.008. DETERMINING OFFICES AND MEASURES TO BE VOTED |
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| 43 | 43 | | ON. For each person who is to vote a limited ballot, the election |
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| 44 | 44 | | officer [early voting clerk] shall determine the offices and |
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| 45 | 45 | | propositions stating measures on which the person is entitled to |
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| 46 | 46 | | vote and shall indicate them on the person's application. |
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| 47 | 47 | | Sec. 112.009. PREPARING VOTING MACHINE. Before permitting |
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| 48 | 48 | | a person to vote a limited ballot on a voting machine, the election |
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| 49 | 49 | | officer [early voting clerk] shall adjust the machine so that votes |
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| 50 | 50 | | may be cast only on the offices and propositions stating measures on |
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| 51 | 51 | | which the voter is entitled to vote. |
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| 52 | 52 | | SECTION 4. Section 112.010(a), Election Code, is amended to |
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| 53 | 53 | | read as follows: |
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| 54 | 54 | | (a) If early voting by personal appearance is conducted by |
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| 55 | 55 | | voting machine, the election officer [early voting clerk] may |
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| 56 | 56 | | conduct the personal appearance voting of limited ballots by using |
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| 57 | 57 | | official ballots for early voting by mail. |
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| 58 | 58 | | SECTION 5. Section 112.011(b), Election Code, is amended to |
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| 59 | 59 | | read as follows: |
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| 60 | 60 | | (b) The information must include the data necessary to |
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| 61 | 61 | | enable an election officer [early voting clerk] to determine the |
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| 62 | 62 | | district offices on which a voter under this chapter is eligible to |
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| 63 | 63 | | vote. |
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| 64 | 64 | | SECTION 6. Section 112.012, Election Code, is amended to |
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| 65 | 65 | | read as follows: |
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| 66 | 66 | | Sec. 112.012. NOTIFICATION TO VOTER REGISTRAR. Not later |
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| 67 | 67 | | than the 30th day after receipt of an application for a limited |
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| 68 | 68 | | ballot, the county [early voting] clerk shall notify the voter |
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| 69 | 69 | | registrar for the voter's former county of residence that the voter |
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| 70 | 70 | | has applied for a limited ballot. |
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| 71 | 71 | | SECTION 7. This Act takes effect September 1, 2023. |
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