1 | 1 | | 89R8245 PRL-F |
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2 | 2 | | By: Leo Wilson H.B. No. 4068 |
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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 requiring a person to submit proof of citizenship to |
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10 | 10 | | register to vote. |
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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 13.002, Election Code, is amended by |
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13 | 13 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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14 | 14 | | follows: |
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15 | 15 | | (a) A person desiring to register to vote must submit an |
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16 | 16 | | application and proof of citizenship as required under Subsection |
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17 | 17 | | (a-1) to the registrar of the county in which the person resides. |
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18 | 18 | | Except as provided by Subsection (e), an application must be |
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19 | 19 | | submitted by personal delivery, by mail, or by telephonic facsimile |
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20 | 20 | | machine in accordance with Sections 13.143(d) and (d-2). |
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21 | 21 | | (a-1) A person desiring to register to vote shall submit to |
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22 | 22 | | the registrar a copy of one of the following documents: |
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23 | 23 | | (1) a United States passport or passport card issued |
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24 | 24 | | to the person; |
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25 | 25 | | (2) a certified copy of a birth certificate issued by a |
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26 | 26 | | United States state or territory, or the District of Columbia; |
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27 | 27 | | (3) United States citizenship papers issued to the |
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28 | 28 | | person; |
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29 | 29 | | (4) identification issued by the agency of the United |
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30 | 30 | | States responsible for citizenship and immigration; or |
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31 | 31 | | (5) the applicant's Texas driver's license or personal |
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32 | 32 | | identification card that is compliant with the federal REAL ID |
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33 | 33 | | program, not including a driver's license subject to Section |
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34 | 34 | | 521.271(a-2), (a-3), or (a-4) or Section 521.2711(c), |
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35 | 35 | | Transportation Code. |
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36 | 36 | | SECTION 2. Subchapter C, Chapter 13, Election Code, is |
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37 | 37 | | amended by adding Sections 13.0721 and 13.0722 to read as follows: |
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38 | 38 | | Sec. 13.0721. LIMITATION ON VOTER QUALIFICATION. (a) An |
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39 | 39 | | individual who fails to submit proof of citizenship under Section |
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40 | 40 | | 13.002(a-1) to the registrar is only qualified to vote a federal |
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41 | 41 | | ballot under Chapter 115. |
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42 | 42 | | (b) The registrar shall enter the notation "F", or a similar |
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43 | 43 | | notation approved by the secretary of state, on the list of |
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44 | 44 | | registered voters beside each voter's name who is only qualified to |
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45 | 45 | | vote a federal ballot under Chapter 115. The registrar shall delete |
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46 | 46 | | the notation from the list if the voter provides proof of |
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47 | 47 | | citizenship in accordance with Section 13.002(a-1). |
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48 | 48 | | Sec. 13.0722. NOTICE OF PROOF OF CITIZENSHIP REQUIRED FOR |
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49 | 49 | | EXISTING REGISTRANTS. Not later than December 1, 2025, the |
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50 | 50 | | secretary of state shall provide notice to each registered voter |
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51 | 51 | | who registered to vote before September 1, 2025, and who has not |
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52 | 52 | | provided proof of citizenship under Section 13.002(a-1). The |
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53 | 53 | | notice shall include a statement: |
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54 | 54 | | (1) that the registrar was unable to verify the voter's |
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55 | 55 | | citizenship status; |
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56 | 56 | | (2) that the voter will be qualified to vote only a |
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57 | 57 | | federal ballot under Chapter 115 unless the voter provides a proof |
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58 | 58 | | of citizenship document required under Section 13.002(a-1); and |
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59 | 59 | | (3) of the procedures for submitting proof of |
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60 | 60 | | citizenship to the registrar in order to be qualified to vote a full |
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61 | 61 | | ballot. |
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62 | 62 | | SECTION 3. Section 13.121(a), Election Code, is amended to |
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63 | 63 | | read as follows: |
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64 | 64 | | (a) The officially prescribed application form for |
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65 | 65 | | registration by mail must be in the form of [a] business reply mail |
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66 | 66 | | [postcard], unless another form or system is used under Subsection |
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67 | 67 | | (b), with postage paid by the state. The secretary of state shall |
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68 | 68 | | design the form to enhance the legibility of its contents. |
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69 | 69 | | SECTION 4. Section 13.122(a), Election Code, is amended to |
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70 | 70 | | read as follows: |
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71 | 71 | | (a) In addition to the other statements and spaces for |
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72 | 72 | | entering information that appear on an officially prescribed |
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73 | 73 | | registration application form, each official form must include: |
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74 | 74 | | (1) the statement: "I understand that giving false |
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75 | 75 | | information to procure a voter registration is perjury and a crime |
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76 | 76 | | under state and federal law."; |
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77 | 77 | | (2) a space for the applicant's registration number; |
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78 | 78 | | (3) a space for the applicant's Texas driver's license |
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79 | 79 | | number or number of a personal identification card issued by the |
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80 | 80 | | Department of Public Safety; |
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81 | 81 | | (4) a space for the applicant's telephone number; |
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82 | 82 | | (5) a space for the applicant's social security |
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83 | 83 | | number; |
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84 | 84 | | (6) a space for the applicant's sex; |
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85 | 85 | | (7) a statement indicating that the furnishing of the |
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86 | 86 | | applicant's telephone number and sex is optional; |
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87 | 87 | | (8) a space or box for indicating whether the |
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88 | 88 | | applicant or voter is submitting new registration information or a |
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89 | 89 | | change in current registration information; |
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90 | 90 | | (9) a statement instructing a voter who is using the |
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91 | 91 | | form to make a change in current registration information to enter |
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92 | 92 | | the voter's name and the changed information in the appropriate |
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93 | 93 | | spaces on the form; |
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94 | 94 | | (10) a statement that if the applicant declines to |
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95 | 95 | | register to vote, that fact will remain confidential and will be |
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96 | 96 | | used only for voter registration purposes; |
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97 | 97 | | (11) a statement that if the applicant does register |
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98 | 98 | | to vote, information regarding the agency or office to which the |
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99 | 99 | | application is submitted will remain confidential and will be used |
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100 | 100 | | only for voter registration purposes; |
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101 | 101 | | (12) a space or box for indicating whether the |
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102 | 102 | | applicant is interested in working as an election judge; |
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103 | 103 | | (13) a statement warning that a conviction for making |
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104 | 104 | | a false statement may result in imprisonment for up to the maximum |
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105 | 105 | | amount of time provided by law, a fine of up to the maximum amount |
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106 | 106 | | provided by law, or both the imprisonment and the fine; |
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107 | 107 | | (14) a statement that the applicant shall submit to |
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108 | 108 | | the registrar a copy of one of the following documents: |
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109 | 109 | | (A) a United States passport or passport card |
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110 | 110 | | issued to the person; |
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111 | 111 | | (B) a certified copy of a birth certificate |
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112 | 112 | | issued by a United States state or territory, or the District of |
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113 | 113 | | Columbia; |
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114 | 114 | | (C) United States citizenship papers issued to |
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115 | 115 | | the person; |
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116 | 116 | | (D) identification issued by the agency of the |
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117 | 117 | | United States responsible for citizenship and immigration; or |
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118 | 118 | | (E) the applicant's Texas driver's license or |
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119 | 119 | | personal identification card that is compliant with the federal |
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120 | 120 | | REAL ID program, not including a driver's license subject to |
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121 | 121 | | Section 1521.271(a-2), (a-3), or (a-4) or Section 521.2711(c), |
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122 | 122 | | Transportation Code; and |
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123 | 123 | | (15) [(14)] any other voter registration information |
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124 | 124 | | required by federal law or considered appropriate and required by |
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125 | 125 | | the secretary of state. |
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126 | 126 | | SECTION 5. Section 15.021, Election Code, is amended by |
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127 | 127 | | adding Subsection (f) to read as follows: |
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128 | 128 | | (f) A voter who has previously provided proof of citizenship |
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129 | 129 | | as required by Section 13.002(a-1) is not required to provide proof |
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130 | 130 | | of citizenship when submitting an update, change, or correction to |
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131 | 131 | | the voter's registration information. |
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132 | 132 | | SECTION 6. Chapter 63, Election Code, is amended by adding |
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133 | 133 | | Section 63.007 to read as follows: |
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134 | 134 | | Sec. 63.007. FEDERAL BALLOT VOTER. A voter whose name is on |
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135 | 135 | | the precinct list of registered voters with an "F" beside the |
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136 | 136 | | voter's name shall only be accepted for voting a federal ballot |
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137 | 137 | | under Chapter 115. |
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138 | 138 | | SECTION 7. Section 111.001, Election Code, is amended to |
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139 | 139 | | read as follows: |
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140 | 140 | | Sec. 111.001. RESTRICTED BALLOT. In this subtitle, |
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141 | 141 | | "restricted ballot" means a ballot that is restricted to the |
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142 | 142 | | offices and propositions stating measures on which a person is |
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143 | 143 | | entitled to vote under Chapter 112, 113, [or] 114, or 115. |
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144 | 144 | | SECTION 8. Subtitle C, Title 7, Election Code, is amended by |
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145 | 145 | | adding Chapter 115 to read as follows: |
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146 | 146 | | CHAPTER 115. VOTING FEDERAL BALLOT |
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147 | 147 | | Sec. 115.001. FEDERAL BALLOT. In this chapter, "federal |
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148 | 148 | | ballot" means a ballot voted under this chapter that is restricted |
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149 | 149 | | to the offices of president and vice-president of the United |
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150 | 150 | | States, United States senator, and United States representative |
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151 | 151 | | only. |
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152 | 152 | | Sec. 115.002. ELIGIBILITY. A person is eligible to vote a |
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153 | 153 | | federal ballot by personal appearance during the early voting |
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154 | 154 | | period or on election day if: |
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155 | 155 | | (1) the person has registered to vote under Chapter |
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156 | 156 | | 13; and |
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157 | 157 | | (2) the person has not provided proof of citizenship |
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158 | 158 | | as required by Section 13.002(a-1). |
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159 | 159 | | Sec. 115.003. PROCEDURE FOR VOTING BY PERSONAL APPEARANCE. |
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160 | 160 | | (a) The presiding judge shall provide a notice prescribed by the |
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161 | 161 | | secretary of state to a voter who votes a federal ballot under this |
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162 | 162 | | chapter. The notice must inform the voter that: |
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163 | 163 | | (1) because the voter registrar was unable to verify |
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164 | 164 | | the voter's citizenship status, the voter is qualified to vote only |
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165 | 165 | | a federal ballot under this chapter; |
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166 | 166 | | (2) the voter may cast a provisional ballot containing |
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167 | 167 | | all races the voter would otherwise be entitled to vote for if the |
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168 | 168 | | voter had provided proof of citizenship; |
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169 | 169 | | (3) the voter must provide proof of citizenship to the |
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170 | 170 | | voter registrar not later than the sixth day after election day in |
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171 | 171 | | order for a voter's provisional ballot to be counted as a full |
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172 | 172 | | ballot; and |
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173 | 173 | | (4) if the voter does not provide proof of citizenship |
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174 | 174 | | to the voter registrar by the sixth day after election day, then |
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175 | 175 | | only the races for the offices of president and vice-president of |
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176 | 176 | | the United States, United States senator, and United States |
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177 | 177 | | representative on the voter's ballot will be counted. |
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178 | 178 | | (b) A provisional ballot voted under this chapter shall be |
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179 | 179 | | reviewed by the early voting ballot board in the same manner as a |
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180 | 180 | | provisional ballot under Subchapter B, Chapter 65. The secretary |
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181 | 181 | | of state may adopt rules and procedures for the purposes of this |
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182 | 182 | | section. |
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183 | 183 | | SECTION 9. As soon as practicable after the effective date |
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184 | 184 | | of this Act, the secretary of state shall adopt rules necessary to |
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185 | 185 | | implement the changes in law made by this Act. |
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186 | 186 | | SECTION 10. This Act takes effect September 1, 2025. |
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