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A BILL TO BE ENTITLED
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AN ACT
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relating to the acceptance of a provisional ballot after a natural |
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disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 65.054(b), Election Code, is amended to |
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read as follows: |
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(b) A provisional ballot shall be accepted if the board |
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determines that: |
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(1) from the information in the affidavit or contained |
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in public records, the person is eligible to vote in the election |
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and has not previously voted in that election; |
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(2) the person: |
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(A) meets the identification requirements of |
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Section 63.001(b) at the time the ballot was cast or in the period |
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prescribed under Section 65.0541; |
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(B) notwithstanding Chapter 110, Civil Practice |
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and Remedies Code, executes an affidavit under penalty of perjury |
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that states the voter has a religious objection to being |
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photographed and the voter has consistently refused to be |
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photographed for any governmental purpose from the time the voter |
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has held this belief; or |
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(C) executes an affidavit under penalty of |
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perjury that states the voter does not have any identification |
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meeting the requirements of Section 63.001(b) as a result of a |
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natural disaster that was declared by the president of the United |
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States or the governor, occurred not earlier than the 60th day [45 |
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days] before the date the ballot was cast, and caused the |
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destruction of or inability to access the voter's identification; |
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and |
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(3) the voter has not been challenged and voted a |
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provisional ballot solely because the voter did not meet the |
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requirements for identification prescribed by Section 63.001(b). |
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SECTION 2. This Act takes effect on the 91st day after the |
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last day of the legislative session. |