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A BILL TO BE ENTITLED
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AN ACT
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relating to provisional voting by a person who applied for an early |
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voting ballot by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 63.011, Election Code, is amended by |
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adding Subsection (a-1) and amending Subsection (b) to read as |
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follows: |
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(a-1) A person to whom the early voting clerk was required |
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to provide an early voting ballot by mail under Section 86.001 and |
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who did not vote early by mail may cast a provisional ballot on |
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election day if the person executes an affidavit stating that the |
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person: |
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(1) is a registered voter in the precinct in which the |
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person seeks to vote; and |
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(2) did not vote early by mail. |
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(b) A form for an affidavit required by this section [the
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affidavit] shall be printed on an envelope in which the provisional |
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ballot voted by the person may be placed and must include a space |
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for entering the identification number of the provisional ballot |
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voted by the person. The affidavit form may include space for |
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disclosure of any necessary information to enable the person to |
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register to vote under Chapter 13. The secretary of state shall |
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prescribe the form of the affidavit under this section. |
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SECTION 2. Section 84.032, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (g) to read as |
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follows: |
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(b) A request must: |
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(1) be in writing and signed by the applicant; |
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(2) specify the election for which the application was |
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made; and |
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(3) except as provided by Subsection (c), (d), [or] |
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(e), or (g), be received by the early voting clerk: |
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(A) not later than the third day before election |
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day; and |
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(B) if an early voting ballot sent to the |
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applicant is returned to the clerk as a marked ballot, before the |
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marked ballot's arrival at the address on the carrier envelope. |
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(g) An applicant who did not vote early by mail may submit a |
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request to the presiding election judge on election day at the |
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applicant's precinct polling place by appearing in person, |
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executing an affidavit under Section 63.011(a-1), and casting a |
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provisional ballot. |
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SECTION 3. Section 84.036, Election Code, is amended to |
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read as follows: |
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Sec. 84.036. DISPOSITION OF RETURNED BALLOT. If an early |
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voting ballot sent to an applicant whose application is canceled is |
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returned to the early voting clerk as a marked ballot, the ballot |
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shall be treated as a marked ballot not timely returned, except that |
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a ballot canceled under Section 84.032(g) shall be treated as a |
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ballot rejected under Section 87.041. |
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SECTION 4. Section 87.0241, Election Code, is amended to |
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read as follows: |
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Sec. 87.0241. TIME OF PROCESSING BALLOTS [BEFORE POLLS
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OPEN]. (a) The early voting ballot board may preliminarily |
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determine whether to accept early voting ballots voted by mail in |
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accordance with Sections 87.041(b)(1)-(7) [Section 87.041] at any |
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time after the ballots are delivered to the board. |
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(b) The board may not finally determine whether to accept |
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early voting ballots voted by mail in accordance with Section |
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87.041 or count early voting ballots until all provisional ballots |
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are delivered to the general custodian of election records and the |
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board has an opportunity to compare the provisional ballots to the |
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early voting ballots voted by mail[:
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[(1)the polls open on election day; or
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[(2) in an election conducted by an authority of a
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county with a population of 100,000 or more or conducted jointly
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with such a county, the end of the period for early voting by
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personal appearance]. |
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(c) The secretary of state shall prescribe any procedures |
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necessary for implementing this section [in regard to elections
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described by Subsection (b)(2)]. |
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SECTION 5. Section 87.041, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (f) to read as |
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follows: |
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(b) A ballot may be accepted only if: |
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(1) the carrier envelope certificate is properly |
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executed; |
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(2) neither the voter's signature on the ballot |
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application nor the signature on the carrier envelope certificate |
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is determined to have been executed by a person other than the |
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voter, unless signed by a witness; |
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(3) the voter's ballot application states a legal |
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ground for early voting by mail; |
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(4) the voter is registered to vote, if registration |
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is required by law; |
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(5) the address to which the ballot was mailed to the |
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voter, as indicated by the application, was outside the voter's |
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county of residence, if the ground for early voting is absence from |
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the county of residence; |
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(6) for a voter to whom a statement of residence form |
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was required to be sent under Section 86.002(a), the statement of |
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residence is returned in the carrier envelope and indicates that |
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the voter satisfies the residence requirements prescribed by |
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Section 63.0011; [and] |
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(7) the address to which the ballot was mailed to the |
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voter is an address that is otherwise required by Sections 84.002 |
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and 86.003; and |
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(8) the voter has not requested cancellation of the |
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application to vote early by mail under Section 84.032(g). |
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(f) In making the determination under Subsection (a)(8), |
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the board shall compare the affidavits located on the outside of the |
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envelopes for the provisional ballots cast in the election to the |
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carrier envelopes for the ballots voted by mail. |
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SECTION 6. The changes in law made by this Act apply only to |
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an election ordered on or after September 1, 2007. |
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SECTION 7. This Act takes effect September 1, 2007. |