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A BILL TO BE ENTITLED
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AN ACT
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relating to the elements of the offense of illegal voting and to |
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procedures for a person voting a provisional ballot. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 63.011, Election Code, is amended by |
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adding Subsection (a-2) to read as follows: |
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(a-2) Before an election officer provides a person with an |
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affidavit to be executed under this section, the election officer |
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shall orally inform the person of each requirement to be eligible to |
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register as a voter in this state under Section 13.001. |
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SECTION 2. Section 64.012, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) A person commits an offense if the person: |
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(1) votes or attempts to vote in an election if [in |
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which] the person knows: |
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(A) of particular circumstances that make the |
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person [is] not eligible to vote in the election; and |
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(B) that those circumstances make the person not |
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eligible to vote in the election; |
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(2) knowingly votes or attempts to vote more than once |
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in an election; |
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(3) knowingly votes or attempts to vote a ballot |
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belonging to another person, or by impersonating another person; or |
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(4) knowingly marks or attempts to mark any portion of |
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another person's ballot without the consent of that person, or |
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without specific direction from that person how to mark the ballot. |
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(c) It is an exception to the application of Subsection |
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(a)(1) that the person: |
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(1) voted or attempted to vote a provisional ballot in |
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accordance with Section 63.011; and |
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(2) did not receive the information required by |
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Section 63.011(a-2). |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |