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79R8940 JRJ-D
By: Castro H.B. No. 3138
A BILL TO BE ENTITLED
AN ACT
relating to the registration of voters at a polling place and
related procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.042(c), Election Code, is amended to
read as follows:
(c) An application submitted after the 24th [34th] day and
before the 19th [29th] day before the date of an election in which
any qualified voter of the county is eligible to vote shall be
delivered not later than 5 p.m. of the 19th [29th] day before
election day.
SECTION 2. Sections 13.143(a) and (e), Election Code, are
amended to read as follows:
(a) Except as provided by Subsections (b) and (e), if an
applicant's registration application is approved, the registration
becomes effective on the 20th [30th] day after the date the
application is submitted to the registrar or on the date the
applicant becomes 18 years of age, whichever is later.
(e) If the 20th [30th] day before the date of an election is
a Saturday, Sunday, or legal state or national holiday, an
application is considered to be timely if it is submitted to the
registrar on or before the next regular business day.
SECTION 3. Section 18.042(a), Election Code, is amended to
read as follows:
(a) On a date specified by the secretary of state that is
[Not later than the 20th day] before the date of the general primary
election and the date of the general election for state and county
officers, the registrar shall file with the secretary of state a
statement of the number of persons whose voter registrations in the
county and in each county election precinct will be effective on
election day.
SECTION 4. Subchapter A, Chapter 61, Election Code, is
amended by adding Section 61.013 to read as follows:
Sec. 61.013. PRESENCE OF DEPUTY REGISTRAR. The registrar
shall require a deputy registrar appointed under Section 12.006 or
a volunteer deputy registrar appointed under Section 13.031 to be
present at each polling place in the county on election day to
provide for the registration of voters under Section 63.010.
SECTION 5. Chapter 63, Election Code, is amended by adding
Section 63.010 to read as follows:
Sec. 63.010. REGISTRATION AT POLLING PLACE; VOTING
PROCEDURES. (a) This section applies to the conduct of voting and
to the registration of voters notwithstanding and in addition to
other applicable provisions of this code.
(b) A person who would be eligible to vote in an election
under Section 11.001, but for the requirement to be a registered
voter, shall be accepted for voting in the precinct of the person's
residence if, on the day the person offers to vote, the person
submits a voter registration application that complies with Section
13.002 to the deputy registrar present at the polling place and:
(1) presents proof of identification in a form
described by Section 63.0101 that also establishes the person's
residence; or
(2) submits an affidavit that:
(A) is executed by the person in the presence of
the deputy registrar;
(B) states the person's residence address or, if
the residence has no address, states:
(i) the address at which the person
receives mail; and
(ii) a concise description of the location
of the person's residence; and
(C) states that the information submitted on the
voter registration application by the affiant is true.
(c) Persons voting under this section shall be processed
separately at the polling place from persons who are voting under
regular procedures.
(d) The secretary of state shall prescribe the procedures
necessary to implement this section, including the method for
adding a voter accepted under this section to the registration
list, and to ensure the proper and orderly conduct of elections.
SECTION 6. This Act takes effect September 1, 2005.