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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that a ballot to be voted by mail be |
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canceled and returned before voting in person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.031, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) A person whose application is canceled by returning the |
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person's ballot in accordance with Section 84.032, if otherwise |
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eligible, may vote in the same manner as if the application had not |
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been submitted. |
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(c) A person whose application is canceled in any other |
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manner may cast a provisional ballot under Section 63.011. |
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SECTION 2. Section 84.032, Election Code, is amended by |
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adding Subsections (g), (h), and (i) to read as follows: |
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(g) The early voting clerk shall deliver each request for |
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cancellation to the early voting ballot board to ensure a canceled |
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ballot is not counted. |
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(h) The early voting clerk and presiding election judge |
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shall keep a log of each ballot returned and shall provide a copy of |
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the log to the early voting ballot board to ensure that the canceled |
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ballot is not counted in the election. Returned ballots must be kept |
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in a secure container with a chain of custody maintained by the |
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early voting clerk. |
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(i) The log under Subsection (h) shall include for each |
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entry: |
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(1) the voter's name; |
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(2) an identification number unique to the voter; |
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(3) the voter's signature; and |
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(4) the date and time the application was returned. |
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SECTION 3. Section 84.033, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The election officer shall electronically submit a |
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record to the secretary of state of each application canceled in a |
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primary, a runoff primary, a general election, or any special |
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election ordered by the governor on the day the application is |
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canceled. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |