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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements to vote, including presenting proof of |
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identification. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.022(a), Election Code, is amended to |
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read as follows: |
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(a) The registrar shall make the appropriate corrections in |
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the registration records, including, if necessary, deleting a |
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voter's name from the suspense list: |
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(1) after receipt of a notice of a change in |
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registration information under Section 15.021; |
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(2) after receipt of a voter's reply to a notice of |
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investigation given under Section 16.033; |
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(3) after receipt of any affidavits executed under |
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Section 63.007 [63.006], following an election; |
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(4) after receipt of a voter's statement of residence |
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executed under Section 63.0011; |
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(5) before the effective date of the abolishment of a |
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county election precinct or a change in its boundary; |
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(6) after receipt of United States Postal Service |
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information indicating an address reclassification; |
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(7) after receipt of a voter's response under Section |
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15.053; or |
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(8) after receipt of a registration application or |
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change of address under Chapter 20. |
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SECTION 2. Sections 31.012(a), (b), and (b-1), Election |
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Code, are amended to read as follows: |
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(a) The secretary of state and the voter registrar of each |
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county that maintains a website shall provide notice [of the |
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identification requirements for voting prescribed by Chapter 63 |
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and] that straight ticket voting has been eliminated pursuant to |
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H.B. 25, Acts of the 85th Legislature, Regular Session, 2017, on |
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each entity's respective website in each language in which voter |
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registration and election materials are available. The secretary |
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of state shall prescribe the wording of the notice to be included on |
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the websites. |
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(b) [The secretary of state shall conduct a statewide effort |
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to educate voters regarding the identification requirements for |
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voting prescribed by Chapter 63. |
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[(b-1)] As soon as practicable after September 1, 2020, the |
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secretary of state shall distribute electronically to each county |
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election administrator and the county chair of each political party |
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notice that straight ticket voting has been eliminated pursuant to |
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H.B. 25, Acts of the 85th Legislature, Regular Session, 2017. |
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SECTION 3. Section 32.114(a), Election Code, is amended to |
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read as follows: |
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(a) The county clerk shall provide one or more sessions of |
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training using the standardized training program and materials |
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developed and provided by the secretary of state under Section |
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32.111 for the election judges and clerks appointed to serve in |
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elections ordered by the governor or a county authority. Each |
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election judge shall complete the training program. [Each election |
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clerk shall complete the part of the training program relating to |
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the acceptance and handling of the identification presented by a |
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voter to an election officer under Section 63.001.] |
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SECTION 4. Sections 63.001(b), (c), (d), (e), and (f), |
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Election Code, are amended to read as follows: |
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(b) On [Except as provided by Subsection (h), on] offering |
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to vote, a voter must present the voter's voter registration |
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certificate to an election officer at the polling place[: |
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[(1) one form of photo identification listed in |
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Section 63.0101(a); or |
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[(2) one form of identification listed in Section |
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63.0101(b) accompanied by the declaration described by Subsection |
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(i)]. |
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(c) On presentation of a registration certificate [the |
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documentation required under Subsection (b)], an election officer |
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shall determine whether the voter's name on the registration |
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certificate [documentation] is on the list of registered voters for |
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the precinct. [If in making a determination under this subsection |
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the election officer determines under standards adopted by the |
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secretary of state that the voter's name on the documentation is |
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substantially similar to but does not match exactly with the name on |
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the list, the voter shall be accepted for voting under Subsection |
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(d) if the voter submits an affidavit stating that the voter is the |
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person on the list of registered voters.] |
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(d) If[, as determined under Subsection (c),] the voter's |
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name is on the precinct list of registered voters [and the voter's |
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identity can be verified from the documentation presented under |
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Subsection (b)], the voter shall be accepted for voting. [An |
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election officer may not question the reasonableness of an |
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impediment sworn to by a voter in a declaration described by |
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Subsection (i).] |
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(e) On accepting a voter, an election officer shall indicate |
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beside the voter's name on the list of registered voters that the |
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voter is accepted for voting. [If the voter executes a declaration |
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of reasonable impediment to meet the requirement for identification |
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under Subsection (b), the election officer must affix the voter's |
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voter registration number to the declaration either in numeric or |
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bar code form.] |
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(f) After determining whether to accept a voter, an election |
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officer shall return the voter's registration certificate |
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[documentation] to the voter. |
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SECTION 5. Section 63.0011(a), Election Code, is amended to |
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read as follows: |
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(a) Before a voter may be accepted for voting, an election |
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officer shall ask the voter if the voter's residence address on the |
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precinct list of registered voters is current and whether the voter |
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has changed residence within the county. If the voter's address is |
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omitted from the precinct list under Section 18.005(c), the officer |
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shall ask the voter if the voter's residence as [, if] listed [,] on |
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the voter's voter registration certificate [identification |
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presented by the voter under Section 63.001(b)] is current and |
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whether the voter has changed residence within the county. |
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SECTION 6. Section 63.004(a), Election Code, is amended to |
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read as follows: |
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(a) The secretary of state may prescribe forms that combine |
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the poll list, the signature roster, or any other form used in |
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connection with the acceptance of voters at polling places with |
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each other or with the list of registered voters. The secretary |
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shall prescribe any special instructions necessary for using the |
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combination forms. [The combination forms must include space for |
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an election officer to indicate whether a voter executed a |
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declaration of reasonable impediment under Section 63.001(i).] |
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SECTION 7. Section 63.006, Election Code, is amended to |
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read as follows: |
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Sec. 63.006. VOTER WITH CORRECT CERTIFICATE [REQUIRED |
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DOCUMENTATION] WHO IS NOT ON LIST. (a) A voter who, when offering to |
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vote, presents a voter registration certificate indicating that the |
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voter is currently registered in the precinct in which the voter is |
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offering to vote, [the documentation required under Section |
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63.001(b)] but whose name is not on the precinct list of registered |
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voters, shall be accepted for voting [if the voter also presents a |
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voter registration certificate indicating that the voter is |
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currently registered: |
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[(1) in the precinct in which the voter is offering to |
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vote; or |
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[(2) in a different precinct in the same county as the |
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precinct in which the voter is offering to vote and the voter |
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executes an affidavit stating that the voter: |
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[(A) is a resident of the precinct in which the |
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voter is offering to vote or is otherwise entitled by law to vote in |
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that precinct; |
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[(B) was a resident of the precinct in which the |
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voter is offering to vote at the time the information on the voter's |
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residence address was last provided to the voter registrar; |
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[(C) did not deliberately provide false |
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information to secure registration in a precinct in which the voter |
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does not reside; and |
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[(D) is voting only once in the election]. |
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(b) After the voter is accepted, an election officer shall |
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[: |
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[(1)] indicate beside the voter's name on the poll list |
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that the voter was accepted under this section[; and |
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[(2) enter the voter's name on the registration |
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omissions list]. |
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SECTION 8. Chapter 63, Election Code, is amended by adding |
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Sections 63.007 and 63.008 to read as follows: |
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Sec. 63.007. VOTER WITH INCORRECT CERTIFICATE WHO IS NOT ON |
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LIST. (a) A voter who, when offering to vote, presents a voter |
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registration certificate indicating that the voter is currently |
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registered in a different precinct from the one in which the voter |
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is offering to vote, and whose name is not on the precinct list of |
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registered voters, shall be accepted for voting if the voter |
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executes an affidavit stating that the voter: |
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(1) is a resident of the precinct in which the voter is |
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offering to vote or is otherwise entitled by law to vote in that |
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precinct; |
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(2) was a resident of the precinct in which the voter |
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is offering to vote at the time the information on the voter's |
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residence address was last provided to the voter registrar; |
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(3) did not deliberately provide false information to |
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secure registration in a precinct in which the voter does not |
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reside; and |
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(4) is voting only once in the election. |
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(b) After the voter is accepted, an election officer shall |
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indicate beside the voter's name on the poll list that the voter was |
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accepted under this section. |
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Sec. 63.008. VOTER WITHOUT CERTIFICATE WHO IS ON LIST. (a) A |
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voter who does not present a voter registration certificate when |
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offering to vote, but whose name is on the list of registered voters |
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for the precinct in which the voter is offering to vote, shall be |
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accepted for voting if the voter executes an affidavit stating that |
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the voter does not have the voter's voter registration certificate |
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in the voter's possession at the polling place at the time of |
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offering to vote and the voter presents proof of identification in a |
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form described by Section 63.0101. |
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(b) If the requirements prescribed by Subsection (a) are not |
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met, the voter may be accepted for provisional voting only under |
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Section 63.011. |
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SECTION 9. Section 63.009, Election Code, is amended to |
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read as follows: |
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Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST. |
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(a) Except as provided by Subsection (b), a [A] voter who does not |
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present a voter registration certificate when offering to vote, and |
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whose name is not on the list of registered voters for the precinct |
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in which the voter is offering to vote, shall be accepted for |
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provisional voting if the voter executes an affidavit in accordance |
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with Section 63.011. |
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(b) If an election officer can determine from the voter |
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registrar that the person is a registered voter of the county and |
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the person presents proof of identification, the affidavits |
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required by Sections 63.007 and 63.008 are substituted for the |
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affidavit required by Section 63.011 in complying with that |
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section. After the voter is accepted under this subsection, an |
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election officer shall also indicate beside the voter's name on the |
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poll list that the voter was accepted under this section. |
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SECTION 10. Section 63.0101(a), Election Code, is amended |
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to read as follows: |
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(a) The following documentation is [an] acceptable as proof |
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[form] of [photo] identification under this chapter: |
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(1) a driver's license[, election identification |
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certificate,] or personal identification card issued to the person |
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by the Department of Public Safety or a similar document issued to |
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the person by an agency of another state, regardless of whether the |
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license or card [that] has [not] expired [or that expired no earlier |
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than four years before the date of presentation]; |
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(2) a form of identification containing the person's |
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photograph that establishes the person's identity [United States |
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military identification card that contains the person's photograph |
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that has not expired or that expired no earlier than four years |
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before the date of presentation]; |
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(3) a birth certificate or other document confirming |
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birth that is admissible in a court of law and establishes the |
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person's identity; |
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(4) United States citizenship papers [certificate |
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issued to the person that contains the person's photograph]; |
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(5) [(4)] a United States passport book or card issued |
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to the person [that has not expired or that expired no earlier than |
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four years before the date of presentation]; |
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(6) official mail addressed to the person by name from |
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a governmental entity; |
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(7) a copy of a current utility bill, bank statement, |
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government check, paycheck, or other government document that shows |
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the name and address of the voter; or |
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(8) any other form of identification prescribed by the |
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secretary of state [or |
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[(5) a license to carry a handgun issued to the person |
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by the Department of Public Safety that has not expired or that |
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expired no earlier than four years before the date of |
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presentation]. |
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SECTION 11. Sections 63.011(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) A person to whom Section 63.008(b) or 63.009(a) |
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[63.001(g) or 63.009] applies may cast a provisional ballot if the |
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person executes an affidavit stating that the person: |
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(1) is a registered voter in the precinct in which the |
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person seeks to vote; and |
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(2) is eligible to vote in the election. |
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(b) A form for an affidavit required by this section must be |
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printed on an envelope in which the provisional ballot voted by the |
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person may be placed and must include[: |
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[(1)] a space for entering the identification number |
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of the provisional ballot voted by the person[; and |
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[(2) a space for an election officer to indicate |
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whether the person presented a form of identification described by |
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Section 63.0101]. |
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SECTION 12. Section 64.012(b), Election Code, is amended to |
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read as follows: |
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(b) An offense under this section is a felony of the third |
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[second] degree unless the person is convicted of an attempt. In |
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that case, the offense is a Class A misdemeanor [state jail felony]. |
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SECTION 13. Section 65.054(b), Election Code, is amended to |
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read as follows: |
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(b) A provisional ballot may [shall] be accepted only if the |
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board determines that, [: |
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[(1)] from the information in the affidavit or |
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contained in public records, the person is eligible to vote in the |
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election 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 45 days before the |
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date the ballot was cast, and caused the destruction of or inability |
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to access the voter's identification; 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 14. Section 66.0241, Election Code, is amended to |
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read as follows: |
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Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4 |
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must contain: |
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(1) the precinct list of registered voters; |
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(2) the registration correction list; |
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(3) any statements of residence executed under Section |
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63.0011; and |
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(4) any affidavits executed under Section 63.007 |
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[63.006] or 63.011. |
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SECTION 15. Section 272.011(b), Election Code, is amended |
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to read as follows: |
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(b) The secretary of state shall prepare the translation for |
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election materials required to be provided in a language other than |
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English or Spanish for the following state prescribed voter forms: |
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(1) voter registration application form required by |
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Section 13.002; |
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(2) the confirmation form required by Section 15.051; |
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(3) the voting instruction poster required by Section |
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62.011; |
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(4) [the reasonable impediment declaration required |
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by Section 63.001(b); |
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[(5)] the statement of residence form required by |
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Section 63.0011; |
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(5) [(6)] the provisional ballot affidavit required |
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by Section 63.011; |
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(6) [(7)] the application for a ballot by mail |
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required by Section 84.011; |
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(7) [(8)] the carrier envelope and voting |
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instructions required by Section 86.013; and |
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(8) [(9)] any other voter forms that the secretary of |
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state identifies as frequently used and for which state resources |
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are otherwise available. |
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SECTION 16. (a) The following provisions of the Election |
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Code are repealed: |
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(1) Section 13.002(i); |
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(2) Section 15.001(c); |
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(3) Section 15.005; |
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(4) Section 31.013; |
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(5) Section 32.111(c); |
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(6) Section 62.016; |
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(7) Sections 63.001(c-1), (g), (h), and (i); |
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(8) Section 63.0013; |
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(9) Sections 63.0101(b) and (c); and |
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(10) Section 65.0541. |
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(b) Sections 191.0046(e) and (f), Health and Safety Code, |
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are repealed. |
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(c) Chapter 521A, Transportation Code, is repealed. |
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SECTION 17. The changes in law made by this Act in amending |
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Section 64.012(b), Election Code, and repealing Section 63.0013, |
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Election Code, apply only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 18. This Act takes effect September 1, 2021. |