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A BILL TO BE ENTITLED
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AN ACT
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relating to the regular procedure for not accepting voters. |
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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) 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 signed statement listing all reasons |
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why the voter was not accepted. The statement shall be on a form |
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prescribed by the secretary of state. This form shall include check |
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boxes for common reasons for which a voter might not be accepted, |
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and shall include an indication of whether the voter was offered the |
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opportunity to cast a provisional ballot. A copy of the statement |
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shall be retained by the election officer and returned to the |
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general custodian of election records of the county when the |
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election returns are submitted. The statements shall be public |
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record. |
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(h) The secretary of state shall study filings of signed |
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statements required under Subsection (g) and shall recommend to the |
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legislature at least biennially any changes to reduce the number of |
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eligible voters not 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 explanation if an individual is not accepted to cast a |
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ballot, and the individuals to contact if a person believes these |
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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, as provided under Section |
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63.001(g); |
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(9) [(8)] report an existing or potential abuse of |
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voting rights to the secretary of state or the local election |
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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 on September 1, 2007. |