79R3671 ATP-F

By:  Bohac                                                        H.B. No. 3294



A BILL TO BE ENTITLED

AN ACT

relating to provisional voting by a person who applied for 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 and 
who did not vote early by mail 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 vote early 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, if the person cast a 
provisional ballot under Section 63.011(a-1).
	SECTION 3.  Section 84.032, Election Code, is amended by 
amending Subsection (b) and adding Subsection (g) to read as 
follows:
	(b)  A request must:                                                           
		(1)  be in writing and signed by the applicant;                               
		(2)  specify the election for which the application was 
made; and           
		(3)  except as provided by Subsection (c), (d), [or] 
(e), or (g), be received by the early voting clerk:
			(A)  not later than the third day before election 
day; and                 
			(B)  if an early voting ballot sent to the 
applicant is returned to the clerk as a marked ballot, before the 
marked ballot's arrival at the address on the carrier envelope.
	(g)  An applicant who did not vote early by mail may submit a 
request to the presiding election judge on election day at the 
applicant's precinct polling place by appearing in person, if the 
applicant casts a provisional ballot and executes an affidavit 
under Section 63.011(a-1).
	SECTION 4.  The changes in law made by this Act apply only to 
an election held on or after October 1, 2005.
	SECTION 5.  This Act takes effect October 1, 2005.