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79R3931 ATP-D
By: Gattis H.B. No. 963
A BILL TO BE ENTITLED
AN ACT
relating to provisional voting by a person who does not receive an
early voting ballot by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 63.011, Election Code, is amended by
adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) A person to whom the early voting clerk was required
to provide an early voting ballot by mail under Section 86.001 but
who did not receive the ballot may cast a provisional ballot on
election day if the person executes an affidavit stating that the
person:
(1) is a registered voter in the precinct in which the
person seeks to vote; and
(2) did not receive the early voting ballot to be voted
by mail.
(b) A form for the affidavits required by Subsections (a)
and (a-1) [affidavit] shall be printed on an envelope in which the
provisional ballot voted by the person may be placed and must
include a space for entering the identification number of the
provisional ballot voted by the person. The affidavit form may
include space for disclosure of any necessary information to enable
the person to register to vote under Chapter 13. The secretary of
state shall prescribe the form of the affidavit under this section.
SECTION 2. Section 65.054(b), Election Code, is amended to
read as follows:
(b) A provisional ballot may be accepted only if the board
determines that, from the information in the affidavit or contained
in public records, the person:
(1) is eligible to vote in the election; and
(2) did not vote early by mail or personal appearance,
if the person cast a provisional ballot under Section 63.011(a-1).
SECTION 3. The changes in law made by this Act apply only to
an election held on or after October 1, 2005.
SECTION 4. This Act takes effect October 1, 2005.