1 | 1 | | 89R1949 MLH-D |
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2 | 2 | | By: Cole H.B. No. 1858 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the days and hours during which the polls are open for |
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10 | 10 | | early voting by personal appearance. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 12.004(d), Election Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | (d) The [If early voting by personal appearance is required |
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15 | 15 | | to be conducted for extended hours under Section 85.005(c) or for |
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16 | 16 | | weekend hours under Section 85.006(e), the] registrar's office |
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17 | 17 | | shall remain open for providing voter registration information |
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18 | 18 | | during the [extended hours or weekend] hours that the main early |
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19 | 19 | | voting polling place is open for voting. |
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20 | 20 | | SECTION 2. Sections 85.001(a) and (e), Election Code, are |
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21 | 21 | | amended to read as follows: |
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22 | 22 | | (a) The period for early voting by personal appearance |
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23 | 23 | | begins on the 17th day before election day and continues through the |
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24 | 24 | | fourth day before election day, except as otherwise provided by |
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25 | 25 | | this subchapter [section]. |
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26 | 26 | | (e) For an election held on the uniform election date in May |
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27 | 27 | | and any resulting runoff election, the period for early voting by |
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28 | 28 | | personal appearance begins on the 12th day before election day and |
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29 | 29 | | continues through the fourth day before election day, except as |
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30 | 30 | | otherwise provided by this subchapter. |
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31 | 31 | | SECTION 3. Section 85.006, Election Code, is amended to |
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32 | 32 | | read as follows: |
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33 | 33 | | Sec. 85.006. EXTENDED VOTING [ON SATURDAY OR SUNDAY]. (a) |
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34 | 34 | | Except as provided by Subsection (b), the authority ordering an |
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35 | 35 | | election may order early voting by personal appearance at the main |
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36 | 36 | | early voting polling place to be conducted: |
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37 | 37 | | (1) on one or more Saturdays or Sundays during the |
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38 | 38 | | early voting period; or |
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39 | 39 | | (2) during an extended early voting period continuing |
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40 | 40 | | for any number of consecutive days up to and including the day |
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41 | 41 | | before election day. |
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42 | 42 | | (b) In an election in which a county clerk is the early |
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43 | 43 | | voting clerk under Section 83.002, only the early voting clerk may |
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44 | 44 | | order extended voting [on a Saturday or Sunday]. The clerk must do |
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45 | 45 | | so by written order. |
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46 | 46 | | (c) Except as otherwise provided by this section, the [The] |
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47 | 47 | | authority ordering extended voting [on a Saturday or Sunday] shall |
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48 | 48 | | determine the hours during which voting is to be conducted. |
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49 | 49 | | (d) The authority authorized to order extended early voting |
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50 | 50 | | [on a Saturday or Sunday] under Subsection (a) or (b) shall order |
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51 | 51 | | [the] voting on a Saturday or Sunday under the applicable |
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52 | 52 | | subsection on receipt of a written request submitted by at least 15 |
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53 | 53 | | registered voters of the territory covered by the election. The |
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54 | 54 | | request must be submitted in time to enable compliance with Section |
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55 | 55 | | 85.007. The authority is not required to order the voting on a |
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56 | 56 | | particular date specified by the request but shall order the voting |
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57 | 57 | | on at least one Saturday if a Saturday is requested and on at least |
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58 | 58 | | one Sunday if a Sunday is requested. |
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59 | 59 | | (e) In a primary election or the general election for state |
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60 | 60 | | and county officers, the early voting clerk shall order voting by |
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61 | 61 | | personal appearance at the main early voting polling place to be |
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62 | 62 | | conducted on the last Saturday of the early voting period for at |
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63 | 63 | | least 12 consecutive hours, except that voting may not be conducted |
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64 | 64 | | earlier than 6 a.m. or later than 10 p.m., and on the last Sunday of |
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65 | 65 | | the early voting period for at least six consecutive hours, except |
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66 | 66 | | that voting may not be conducted earlier than 9 a.m. or later than |
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67 | 67 | | 10 p.m. This subsection supersedes any provision of this |
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68 | 68 | | subchapter to the extent of any conflict. |
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69 | 69 | | (f) An authority authorized to order extended early voting |
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70 | 70 | | under Subsection (a) or (b) that orders the voting during an |
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71 | 71 | | extended early voting period shall order personal appearance voting |
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72 | 72 | | at the main early voting polling place to be conducted for at least |
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73 | 73 | | 12 hours on any weekday or Saturday and for at least five hours on |
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74 | 74 | | any Sunday of the extended early voting period. |
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75 | 75 | | SECTION 4. Sections 85.007(a) and (b), Election Code, are |
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76 | 76 | | amended to read as follows: |
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77 | 77 | | (a) The election order and the election notice must state: |
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78 | 78 | | (1) the date that early voting will begin if under |
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79 | 79 | | Section 85.001(d) the early voting period is to begin later than the |
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80 | 80 | | prescribed date; |
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81 | 81 | | (2) the regular dates and hours that voting will be |
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82 | 82 | | conducted under Section 85.005(b); and |
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83 | 83 | | (3) the dates and hours that extended voting [on |
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84 | 84 | | Saturday or Sunday] is ordered to be conducted under Section |
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85 | 85 | | 85.006(a). |
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86 | 86 | | (b) The early voting clerk shall post notice for each |
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87 | 87 | | election stating the dates and hours that extended voting [on a |
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88 | 88 | | Saturday or Sunday] is ordered to be conducted under Section |
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89 | 89 | | 85.006(b). |
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90 | 90 | | SECTION 5. Section 85.064(d), Election Code, is amended to |
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91 | 91 | | read as follows: |
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92 | 92 | | (d) The authority authorized under Section 85.006 to order |
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93 | 93 | | extended early voting [on a Saturday or Sunday] may also order, in |
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94 | 94 | | the manner prescribed by that section, extended early voting to be |
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95 | 95 | | conducted [on a Saturday or Sunday] at any one or more of the |
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96 | 96 | | temporary branch polling places. In addition, the early voting |
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97 | 97 | | clerk shall order such voting in accordance with Section 85.006(e) |
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98 | 98 | | at each temporary branch polling place established under Section |
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99 | 99 | | 85.062(d). |
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100 | 100 | | SECTION 6. Section 85.068(a), Election Code, is amended to |
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101 | 101 | | read as follows: |
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102 | 102 | | (a) The early voting clerk shall post notice for each |
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103 | 103 | | election stating any dates and the hours that extended voting [on |
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104 | 104 | | Saturday or Sunday] will be conducted under Section 85.064(d), if |
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105 | 105 | | the early voting clerk is a county clerk or city secretary under |
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106 | 106 | | Section 83.002 or 83.005. |
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107 | 107 | | SECTION 7. Section 87.1231, Election Code, is amended to |
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108 | 108 | | read as follows: |
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109 | 109 | | Sec. 87.1231. EARLY VOTING VOTES REPORTED BY PRECINCT. (a) |
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110 | 110 | | Not later than the time of the local canvass, the early voting clerk |
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111 | 111 | | shall deliver to the local canvassing authority a report of the |
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112 | 112 | | total number of early voting votes cast during the period specified |
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113 | 113 | | under Section 85.001(a) for each candidate or measure by election |
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114 | 114 | | precinct. The report may reflect the total for votes by mail and |
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115 | 115 | | the total for votes by personal appearance. |
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116 | 116 | | (b) A county may include votes cast during an extended early |
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117 | 117 | | voting period established under Section 85.006 in the report under |
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118 | 118 | | Subsection (a). |
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119 | 119 | | SECTION 8. This Act takes effect September 1, 2025. |
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