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A BILL TO BE ENTITLED
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AN ACT
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relating to public inspection of certain early voting information; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 87.121, Election Code, as amended by |
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Chapters 1083 (H.B. 1850) and 1215 (S.B. 902), Acts of the 86th |
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Legislature, Regular Session, 2019, is reenacted and amended to |
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read as follows: |
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Sec. 87.121. EARLY VOTING ROSTERS. (a) The early voting |
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clerk shall maintain for each election a roster listing each person |
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who votes an early voting ballot by personal appearance and a roster |
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listing each person to whom an early voting ballot to be voted by |
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mail is sent. |
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(b) For each person listed, the applicable roster must |
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include: |
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(1) the person's name, address, and voter registration |
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number; |
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(2) an identification of the person's county election |
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precinct of registration; and |
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(3) the date of voting or the date the ballot was |
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mailed to the person, as applicable. |
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(c) Each roster shall be updated daily. |
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(d) Each roster may be maintained in any form approved by |
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the secretary of state. |
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(e) The clerk shall preserve each roster after the election |
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for the period for preserving the precinct election records. |
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(f) Information on the roster for a person to whom an early |
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voting mail ballot has been sent is not available for public |
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inspection, except to the voter seeking to verify that the |
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information pertaining to the voter is accurate, until the first |
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business day after election day. |
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(g) Information on the roster for a person who votes an |
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early voting ballot by personal appearance shall be made available |
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for public inspection as provided by Subsection (i) not later than |
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11 a.m. on the day after the date the information is entered on the |
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roster under Subsection (c). On the request of a person, the early |
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voting clerk shall provide a copy of the roster in a paper or an |
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electronic format. |
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(h) Information on the roster for a person who votes an |
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early voting ballot by mail shall be made available for public |
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inspection as provided by Subsection (i) not later than 11 a.m. on |
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the day following the day the early voting clerk receives a ballot |
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voted by mail. On the request of a person, the early voting clerk |
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shall provide a copy of the roster in a paper or an electronic |
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format. |
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(i) The information under Subsections (g) and (h) must be |
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made available: |
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(1) for an election in which the county clerk is the |
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early voting clerk: |
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(A) on the publicly accessible Internet website |
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of the county; or |
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(B) if the county does not maintain a website, on |
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the bulletin board used for posting notice of meetings of the |
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commissioners court; or |
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(2) for an election not described by Subdivision (1): |
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(A) on the publicly accessible Internet website |
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of the authority ordering the election; or |
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(B) if the authority ordering the election does |
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not maintain a website, on the bulletin board used for posting |
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notice of meetings of the governing body of the authority. |
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(j) [(i)] The early voting clerk for a primary election or |
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the general election for state and county officers shall submit to |
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the secretary of state for posting on the secretary of state's |
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Internet website the information described by: |
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(1) Subsection (g) not later than 11 a.m. on the day |
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after the date the information is entered on the roster under |
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Subsection (c); and |
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(2) Subsection (h) not later than 11 a.m. on the day |
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following the day the early voting clerk receives a ballot voted by |
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mail. |
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(k) [(j)] The secretary of state shall [make any early |
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voting roster created under this section available to the public on |
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the secretary's Internet website. |
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[(j) The secretary of state shall] post the information |
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described by Subsection (j) [(i)] on the secretary of state's |
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Internet website in a downloadable format. |
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(l) [(k)] The secretary of state shall create a system for |
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an early voting clerk for a primary election or the general election |
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for state and county officers to provide the information to the |
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secretary of state for posting on the secretary of state's Internet |
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website under Subsection (j) [(i)]. |
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(m) A person commits an offense if the person: |
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(1) is responsible for maintaining the roster under |
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this section; and |
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(2) fails to provide information on or a copy of the |
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roster under Subsection (g) or (h). |
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(n) An offense under Subsection (m) is a Class C |
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misdemeanor. |
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SECTION 2. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 3. This Act takes effect September 1, 2021. |