80R10216 E

By: Hochberg H.B. No. 186

Substitute the following for H.B. No. 186:

By: Bohac C.S.H.B. No. 186

A BILL TO BE ENTITLED

AN ACT

relating to information provided to a voter who is not accepted for voting.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 63.001, Election Code, is amended by adding Subsections (g) and (h) to read as follows:

(g) An election officer who determines not to accept a voter shall provide the voter with a statement signed by the election officer listing all reasons why that voter was not accepted and the circumstances under which a voter may vote a provisional ballot. The statement shall be on a form prescribed by the secretary of state. The form shall include a list of common reasons for not accepting a voter and a space or box next to each reason to indicate whether the reason applies to the voter, and a space or box to indicate whether the voter was offered the opportunity to cast a provisional ballot. The secretary of state, to the extent practicable, shall prescribe the use of existing forms to provide the statement required by this subsection to minimize the number of forms needed at a polling place. The election officer shall retain a copy of the statement and submit the copy to the general custodian of election records when the election returns are submitted. The copy is a public record.

(h) The secretary of state shall study copies of signed statements under Subsection (g) on file with general custodians of election records and shall recommend to the legislature at least biennially any changes to reduce the number of eligible voters not accepted.

SECTION 2. Section 62.011(d), Election Code, is amended to read as follows:

(d) The poster must also include the following information:

(1) the date of the election and the hours during which the polling place is open;

(2) general information on voting rights under state and federal laws, including information on the right of an individual to cast a provisional ballot, the right to receive a written and signed explanation if an individual is not accepted to cast a ballot, and the individuals to contact if a person believes these rights have been violated; and

(3) general information on state and federal laws that prohibit acts of fraud or misrepresentation.

SECTION 3. Section 62.0115(b), Election Code, is amended to read as follows:

(b) Except as revised by the secretary of state under Subsection (d), the notice must state that a voter has the right to:

(1) vote a ballot and view written instructions on how to cast a ballot;

(2) vote in secret and free from intimidation;

(3) receive up to two additional ballots if the voter mismarks, damages, or otherwise spoils a ballot;

(4) request instructions on how to cast a ballot, but not to receive suggestions on how to vote;

(5) bring an interpreter to translate the ballot and any instructions from election officials;

(6) receive assistance in casting the ballot if the voter:

(A) has a physical disability that renders the voter unable to write or see; or

(B) cannot read the language in which the ballot is written;

(7) cast a ballot on executing an affidavit as provided by law, if the voter's eligibility to vote is questioned;

(8) receive a written and signed explanation if the voter is not accepted to cast a ballot;

(9) report an existing or potential abuse of voting rights to the secretary of state or the local election official;

(10) [(9)] except as provided by Section 85.066(b), Election Code, vote at any early voting location in the county in which the voter resides in an election held at county expense, a primary election, or a special election ordered by the governor; and

(11) [(10)] file an administrative complaint with the secretary of state concerning a violation of federal or state voting procedures.

SECTION 4. This Act takes effect September 1, 2007.