By: Ellis S.B. No. 436
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the registration of voters at a polling place.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 63, Election Code, is amended by adding
1-4 Section 63.0091 to read as follows:
1-5 Sec. 63.0091. REGISTRATION AT POLLING PLACE; VOTING
1-6 PROCEDURES. (a) This section applies to the conduct of voting and
1-7 to the registration of voters notwithstanding and in addition to
1-8 other applicable provisions of this code.
1-9 (b) A person who would be eligible to vote in an election
1-10 under Section 11.001 but for the requirement to be a registered
1-11 voter shall be accepted for voting in the precinct of the person's
1-12 residence if, on the day the person offers to vote, the person:
1-13 (1) submits a voter registration application that
1-14 complies with Section 13.002; and
1-15 (2)(A) presents one or more forms of identification
1-16 approved by the secretary of state that establish the person's
1-17 identity and residence; or
1-18 (B) submits an affidavit that:
1-19 (i) is executed by a registered voter of
1-20 the precinct who is present at the polling place with the person;
1-21 and
1-22 (ii) states the person's residence address
1-23 or, if the residence has no address, the address at which the
2-1 person receives mail and a concise description of the location of
2-2 the person's residence and states that the affiant has personal
2-3 knowledge of the location of the person's residence.
2-4 (c) Persons voting under this section shall be processed
2-5 separately at the polling place from persons who are voting under
2-6 normal procedures. The voted ballots of persons voting under this
2-7 section shall be kept separate from the other voted ballots.
2-8 (d) Not later than 72 hours after the polls close on
2-9 election day, the voter registrar shall determine whether each
2-10 person voting under this section was eligible for registration. If
2-11 a person was eligible for registration, the person's registration
2-12 is effective and the person's ballot shall be counted. If a person
2-13 was not eligible for registration, the person's ballot shall be
2-14 identified and separated from the other ballots.
2-15 (e) The secretary of state shall prescribe the procedures
2-16 necessary to implement this section and to ensure the proper and
2-17 orderly conduct of elections.
2-18 SECTION 2. This Act takes effect September 1, 1993.
2-19 SECTION 3. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.