1 | 1 | | 89R14382 AB-D |
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2 | 2 | | By: Schatzline H.B. No. 4964 |
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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 eligibility requirements for early voting by mail. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 13.002(e), Election Code, is amended to |
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12 | 12 | | read as follows: |
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13 | 13 | | (e) A person who is certified for participation in the |
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14 | 14 | | address confidentiality program administered by the attorney |
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15 | 15 | | general under Subchapter B, Chapter 58, Code of Criminal Procedure, |
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16 | 16 | | is not eligible for early voting by mail [under Section 82.007] |
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17 | 17 | | unless the person submits an application under this section by |
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18 | 18 | | personal delivery. The secretary of state may adopt rules to |
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19 | 19 | | implement this subsection. |
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20 | 20 | | SECTION 2. Section 84.002(a), Election Code, is amended to |
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21 | 21 | | read as follows: |
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22 | 22 | | (a) An early voting ballot application must include: |
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23 | 23 | | (1) the applicant's name and the address at which the |
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24 | 24 | | applicant is registered to vote; |
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25 | 25 | | (1-a) the following information: |
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26 | 26 | | (A) the number of the applicant's driver's |
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27 | 27 | | license, election identification certificate, or personal |
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28 | 28 | | identification card issued by the Department of Public Safety; |
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29 | 29 | | (B) if the applicant has not been issued a number |
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30 | 30 | | described by Paragraph (A), the last four digits of the applicant's |
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31 | 31 | | social security number; or |
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32 | 32 | | (C) a statement by the applicant that the |
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33 | 33 | | applicant has not been issued a number described by Paragraph (A) or |
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34 | 34 | | (B); |
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35 | 35 | | (2) [for an application for a ballot to be voted by |
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36 | 36 | | mail on the ground of absence from the county of residence, the |
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37 | 37 | | address outside the applicant's county of residence to which the |
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38 | 38 | | ballot is to be mailed; |
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39 | 39 | | [(3)] for an application for a ballot to be voted by |
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40 | 40 | | mail on the ground of age [or disability], the address of the |
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41 | 41 | | hospital, nursing home or other long-term care facility, or |
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42 | 42 | | retirement center, or of a person related to the applicant within |
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43 | 43 | | the second degree by affinity or the third degree by consanguinity, |
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44 | 44 | | as determined under Chapter 573, Government Code, if the applicant |
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45 | 45 | | is living at that address and that address is different from the |
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46 | 46 | | address at which the applicant is registered to vote; |
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47 | 47 | | [(4) for an application for a ballot to be voted by |
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48 | 48 | | mail on the ground of confinement in jail, the address of the jail |
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49 | 49 | | or of a person related to the applicant within the degree described |
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50 | 50 | | by Subdivision (3);] |
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51 | 51 | | (3) [(5) for an application for a ballot to be voted by |
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52 | 52 | | mail on any ground,] an indication of each election for which the |
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53 | 53 | | applicant is applying for a ballot; and |
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54 | 54 | | (4) [(6)] an indication of the ground of eligibility |
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55 | 55 | | for early voting[; and |
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56 | 56 | | [(7) for an application for a ballot to be voted by |
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57 | 57 | | mail on the ground of involuntary civil commitment, the address of |
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58 | 58 | | the facility operated by or under contract with the Texas Civil |
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59 | 59 | | Commitment Office or of a person related to the applicant within the |
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60 | 60 | | degree of consanguinity described by Subdivision (3)]. |
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61 | 61 | | SECTION 3. Section 84.0021(a), Election Code, is amended to |
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62 | 62 | | read as follows: |
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63 | 63 | | (a) An early voting ballot application submitted by a |
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64 | 64 | | qualified voter certified for participation in the address |
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65 | 65 | | confidentiality program administered by the attorney general under |
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66 | 66 | | Subchapter B, Chapter 58, Code of Criminal Procedure, who is |
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67 | 67 | | eligible for early voting by mail [under Section 82.007] must |
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68 | 68 | | include: |
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69 | 69 | | (1) the applicant's name and address at which the |
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70 | 70 | | applicant is registered to vote; |
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71 | 71 | | (2) the substitute post office box address designated |
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72 | 72 | | by the attorney general under Article 58.052(b), Code of Criminal |
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73 | 73 | | Procedure, for use by the voter in place of the voter's true |
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74 | 74 | | residential, business, or school address; and |
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75 | 75 | | (3) an indication of each election for which the |
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76 | 76 | | applicant is applying for a ballot. |
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77 | 77 | | SECTION 4. Sections 84.011(a) and (c), Election Code, are |
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78 | 78 | | amended to read as follows: |
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79 | 79 | | (a) The officially prescribed application form for an early |
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80 | 80 | | voting ballot must include: |
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81 | 81 | | (1) immediately preceding the signature space the |
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82 | 82 | | statement: "I certify that the information given in this |
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83 | 83 | | application is true, and I understand that giving false information |
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84 | 84 | | in this application is a crime."; |
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85 | 85 | | (2) a statement informing the applicant of the |
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86 | 86 | | offenses prescribed by Sections 84.003 and 84.004; |
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87 | 87 | | (3) spaces for entering an applicant's voter |
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88 | 88 | | registration number and county election precinct of registration, |
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89 | 89 | | with a statement informing the applicant that failure to furnish |
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90 | 90 | | that information does not invalidate the application; |
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91 | 91 | | (3-a) a space for entering the information required |
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92 | 92 | | under Section 84.002(a)(1-a); and |
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93 | 93 | | (4) on an application for a ballot to be voted by mail: |
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94 | 94 | | (A) [a space for an applicant applying on the |
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95 | 95 | | ground of absence from the county of residence to indicate the date |
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96 | 96 | | on or after which the applicant can receive mail at the address |
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97 | 97 | | outside the county; |
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98 | 98 | | [(B)] a space for indicating the fact that an |
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99 | 99 | | applicant whose application is signed by a witness cannot make the |
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100 | 100 | | applicant's mark and a space for indicating the relationship or |
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101 | 101 | | lack of relationship of the witness to the applicant; |
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102 | 102 | | (B) [(C)] a space for entering an applicant's |
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103 | 103 | | telephone number, with: |
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104 | 104 | | (i) a statement informing the applicant |
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105 | 105 | | that failure to furnish that information does not invalidate the |
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106 | 106 | | application; and |
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107 | 107 | | (ii) a statement prescribed by the |
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108 | 108 | | secretary of state explaining the benefits of furnishing that |
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109 | 109 | | information, including how that information assists the early |
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110 | 110 | | voting clerk; |
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111 | 111 | | (C) [(D)] a space or box for an applicant |
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112 | 112 | | applying on the ground of age [or disability] to indicate that the |
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113 | 113 | | address to which the ballot is to be mailed is the address of a |
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114 | 114 | | facility or relative described by Section 84.002(a)(3), if |
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115 | 115 | | applicable; |
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116 | 116 | | (D) [(E) a space or box for an applicant applying |
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117 | 117 | | on the ground of confinement in jail or involuntary civil |
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118 | 118 | | commitment to indicate that the address to which the ballot is to be |
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119 | 119 | | mailed is the address of a relative described by Section |
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120 | 120 | | 84.002(a)(4) or (7), if applicable; |
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121 | 121 | | [(F)] a space for an applicant applying on the |
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122 | 122 | | ground of age [or disability] to indicate if the application is an |
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123 | 123 | | application under Section 86.0015; |
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124 | 124 | | (E) [(G)] spaces for entering the signature, |
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125 | 125 | | printed name, and residence address of any person assisting the |
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126 | 126 | | applicant; |
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127 | 127 | | (F) [(H)] a statement informing the applicant of |
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128 | 128 | | the condition prescribed by Section 81.005; and |
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129 | 129 | | (G) [(I)] a statement informing the applicant of |
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130 | 130 | | the requirement prescribed by Section 86.003(c). |
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131 | 131 | | (c) The secretary of state shall make the statement |
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132 | 132 | | prescribed by Subsection (a)(4)(B)(ii) [(a)(4)(C)(ii)] available |
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133 | 133 | | on the secretary's Internet website. |
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134 | 134 | | SECTION 5. Section 86.003(c), Election Code, is amended to |
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135 | 135 | | read as follows: |
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136 | 136 | | (c) The address to which the balloting materials must be |
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137 | 137 | | addressed is the address at which the voter is registered to vote, |
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138 | 138 | | or the registered mailing address if different, unless the ground |
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139 | 139 | | for voting by mail is[: |
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140 | 140 | | [(1) absence from the county of residence, in which |
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141 | 141 | | case the address must be an address outside the voter's county of |
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142 | 142 | | residence; |
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143 | 143 | | [(2) confinement in jail, in which case the address |
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144 | 144 | | must be the address of the jail or of a relative described by |
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145 | 145 | | Section 84.002(a)(4); |
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146 | 146 | | [(3)] age [or disability] and the voter is living at a |
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147 | 147 | | hospital, nursing home or other long-term care facility, or |
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148 | 148 | | retirement center, or with a relative described by Section |
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149 | 149 | | 84.002(a)(3), in which case the address must be the address of that |
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150 | 150 | | facility or relative[; or |
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151 | 151 | | [(4) involuntary civil commitment, in which case the |
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152 | 152 | | address must be the address of the facility or of a relative |
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153 | 153 | | described by Section 84.002(a)(7)]. |
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154 | 154 | | SECTION 6. Section 102.001(a), Election Code, is amended to |
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155 | 155 | | read as follows: |
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156 | 156 | | (a) A qualified voter is eligible to vote a late ballot as |
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157 | 157 | | provided by this chapter if the voter has a sickness or physical |
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158 | 158 | | condition that prevents the voter from appearing at the polling |
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159 | 159 | | place on election day [described by Section 82.002] that originates |
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160 | 160 | | on or after the [day before the] last day for early voting by |
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161 | 161 | | personal appearance [submitting an application for a ballot to be |
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162 | 162 | | voted by mail]. |
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163 | 163 | | SECTION 7. (a) Sections 82.001, 82.002, 82.004, 82.007, and |
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164 | 164 | | 82.008, Election Code, are repealed. |
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165 | 165 | | (b) Sections 84.002(b) and (c), Election Code, are |
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166 | 166 | | repealed. |
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167 | 167 | | SECTION 8. The changes in law made by this Act apply only to |
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168 | 168 | | an application to vote an early voting ballot by mail submitted for |
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169 | 169 | | an election ordered on or after the effective date of this Act. An |
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170 | 170 | | application to vote an early voting ballot by mail submitted for an |
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171 | 171 | | election ordered before the effective date of this Act is governed |
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172 | 172 | | by the law in effect when the application was submitted, and the |
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173 | 173 | | former law is continued in effect for that purpose. |
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174 | 174 | | SECTION 9. This Act takes effect September 1, 2025. |
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