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A BILL TO BE ENTITLED
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AN ACT
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relating to information provided to a voter who is not accepted for |
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voting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 63.001, Election Code, is amended by |
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adding Subsections (g) and (h) to read as follows: |
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(g) An election officer who determines not to accept a voter |
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shall provide the voter with a statement signed by the election |
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officer listing all reasons why that voter was not accepted and the |
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circumstances under which a voter may vote a provisional ballot. |
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The statement shall be on a form prescribed by the secretary of |
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state. The form shall include a list of common reasons for not |
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accepting a voter and a space or box next to each reason to indicate |
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whether the reason applies to the voter, and a space or box to |
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indicate whether the voter was offered the opportunity to cast a |
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provisional ballot. The secretary of state, to the extent |
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practicable, shall prescribe the use of existing forms to provide |
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the statement required by this subsection to minimize the number of |
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forms needed at a polling place. The election officer shall retain a |
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copy of the statement and submit the copy to the general custodian |
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of election records when the election returns are submitted. The |
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copy is a public record. |
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(h) The secretary of state shall study copies of signed |
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statements under Subsection (g) on file with general custodians of |
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election records and shall recommend to the legislature at least |
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biennially any changes to reduce the number of eligible voters not |
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accepted. |
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SECTION 2. Section 62.011(d), Election Code, is amended to |
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read as follows: |
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(d) The poster must also include the following information: |
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(1) the date of the election and the hours during which |
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the polling place is open; |
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(2) general information on voting rights under state |
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and federal laws, including information on the right of an |
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individual to cast a provisional ballot, the right to receive a |
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written and signed explanation if an individual is not accepted to |
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cast a ballot, and the individuals to contact if a person believes |
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these rights have been violated; and |
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(3) general information on state and federal laws that |
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prohibit acts of fraud or misrepresentation. |
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SECTION 3. Section 62.0115(b), Election Code, is amended to |
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read as follows: |
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(b) Except as revised by the secretary of state under |
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Subsection (d), the notice must state that a voter has the right to: |
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(1) vote a ballot and view written instructions on how |
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to cast a ballot; |
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(2) vote in secret and free from intimidation; |
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(3) receive up to two additional ballots if the voter |
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mismarks, damages, or otherwise spoils a ballot; |
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(4) request instructions on how to cast a ballot, but |
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not to receive suggestions on how to vote; |
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(5) bring an interpreter to translate the ballot and |
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any instructions from election officials; |
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(6) receive assistance in casting the ballot if the |
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voter: |
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(A) has a physical disability that renders the |
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voter unable to write or see; or |
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(B) cannot read the language in which the ballot |
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is written; |
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(7) cast a ballot on executing an affidavit as |
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provided by law, if the voter's eligibility to vote is questioned; |
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(8) receive a written and signed explanation if the |
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voter is not accepted to cast a ballot; |
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(9) report an existing or potential abuse of voting |
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rights to the secretary of state or the local election official; |
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(10) [(9)] except as provided by Section 85.066(b), |
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Election Code, vote at any early voting location in the county in |
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which the voter resides in an election held at county expense, a |
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primary election, or a special election ordered by the governor; |
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and |
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(11) [(10)] file an administrative complaint with the |
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secretary of state concerning a violation of federal or state |
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voting procedures. |
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SECTION 4. This Act takes effect September 1, 2007. |