80R12847 ATP-D
 
  By: Bohac, et al. H.B. No. 2823
 
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 an affidavit required by this section [the
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 is eligible to vote in the election
and has not previously voted in that election.
       SECTION 3.  The changes in law made by this Act apply only to
an election ordered on or after September 1, 2007.
       SECTION 4.  This Act takes effect September 1, 2007.