79R3587 DRH-D

By:  Baxter                                                       H.B. No. 2262



A BILL TO BE ENTITLED

AN ACT

relating to requiring a voter who is on the suspense list of voters 
to cast a provisional ballot.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 15.112, Election Code, is amended to 
read as follows:    
	Sec. 15.112.  AUTHORIZATION TO VOTE ON STATEMENT.  In an 
election held on or after the date the voter's name is entered on 
the suspense list and before November 30 following the second 
general election for state and county officers that occurs after 
the beginning of the period, a voter whose name appears on a 
precinct list of registered voters with the notation "S", or a 
similar notation, may vote only as a provisional vote under Section 
63.011 in the election precinct in which the list is used if the 
voter satisfies the residence requirements prescribed by Section 
63.0011 and submits a statement of residence in accordance with 
that section.
	SECTION 2.  Section 63.011, Election Code, is amended by 
adding Subsection (f) to read as follows:
	(f)  A person whose name appears on a precinct list of 
registered voters with the notation "S" or a similar notation may 
only cast a ballot as a provisional vote in the manner required by 
this section.
	SECTION 3.  Section 65.054, Election Code, is amended by 
adding Subsection (e) to read as follows:
	(e)  In addition to the other requirements of this section, a 
provisional ballot cast by a person described by Section 63.011(f) 
may not be accepted unless the signatures on the affidavit located 
on the outside of the envelope containing the provisional ballot 
and on the registration application for the same voter are 
determined to be those of the same person.  A determination under 
this section is made by the signature verification committee and 
the early voting ballot board in the same manner as Section 87.027.
	SECTION 4.  Sections 87.027(a), (c), (h), and (j), Election 
Code, are amended to read as follows:
	(a)  [Except as provided by Subsection (a-1), a signature 
verification committee may be appointed in any election.]  The 
early voting clerk [is the authority responsible for determining 
whether a signature verification committee is to be appointed.  If 
the clerk determines that a committee is to be appointed, the clerk] 
shall issue a written order calling for the appointment of a 
signature verification committee for each election.
	(c)  Not later than the fifth day after the date the early 
voting clerk issues the order calling for the appointment of a 
signature verification committee, [or not later than October 15 for 
a committee required under Subsection (a-1),] the appropriate 
authority shall appoint the members of the committee and designate 
one of the appointees as chair, subject to Subsection (d).  The 
authority shall fill a vacancy on the committee by appointment as 
soon as possible after the vacancy occurs, subject to Subsection 
(d).  The early voting clerk shall post notice of the name and 
residence address of each appointee.  The notice must remain posted 
continuously for the period beginning the day after the date of the 
appointment and ending on the last day of the committee's operation 
in the election.
	(h)  The [If a signature verification committee is appointed 
for the election, the] early voting clerk shall deliver the jacket 
envelopes containing the early voting ballots voted by mail to the 
signature verification committee instead of to the early voting 
ballot board.  Deliveries may be made only during the period of the 
committee's operation at times scheduled in advance of delivery by 
the early voting clerk.  The clerk shall post notice of the time of 
each delivery.  The notice must remain posted continuously for at 
least two days before the date of the delivery.
	(j)  The [If a signature verification committee is 
appointed, the] early voting ballot board [shall follow the same 
procedure for accepting the early voting ballots voted by mail as in 
an election without a signature verification committee, except that 
the board] may not determine whether a voter's signatures on the 
carrier envelope certificate and ballot application are those of 
the same person if the signature verification committee has 
determined that the signatures are those of the same person.  If the 
committee has determined that the signatures are not those of the 
same person, the board may make a determination that the signatures 
are those of the same person by a majority vote of the board's 
membership.
	SECTION 5.  Section 87.027(a-1), Election Code, is repealed.                   
	SECTION 6.  This Act applies only to an election ordered on 
or after the effective date of this Act.
	SECTION 7.  This Act takes effect September 1, 2005.