80R5179 ATP-D
 
  By: Burnam H.B. No. 3343
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to publicizing a list of voters' rights.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 62.0115, Election Code, is amended to
read as follows:
       Sec. 62.0115.  PUBLIC NOTICE OF VOTERS' RIGHTS. (a)  The
secretary of state shall adopt an official voters' bill of rights
and rules providing for publicizing those voters' rights as
prescribed by this section. The rules:
             (1)  must require that a notice of those rights be
publicized:
                   (A) [(1)]  by being posted by an election officer
in a prominent location at each polling place in the manner required
by Subsection (d);
                   (B) [(2)]  on the Internet website of the
secretary of state; and
                   (C) [(3)]  through any material distributed
[published] by the secretary of state to the media as part of
election coverage; and [or]
             (2) [(4)]  may require that a notice of those rights be
distributed in any [another] manner designed to give voters notice
of their rights, including by distributing the materials with any
other materials furnished to voters by the secretary of state or
other election officers.
       (b)  Except as revised by the secretary of state under
Subsection (e) [(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)  report an existing or potential abuse of voting
rights to the secretary of state or the local election official;
             (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]
             (10)  file an administrative complaint with the
secretary of state concerning a violation of federal or state
voting procedures; and
             (11)  vote after the polls close if the voter is in line
to vote when the polls close.
       (c)  The notice must also state:
             (1)  the information relating to the voting rights
hotline required under Section 31.0055;
             (2)  the qualifications that an individual must meet to
vote in this state, including the qualifications relating to
registration;
             (3)  the circumstances that permit a voter who has
moved from the precinct in which the voter is registered to vote at
that precinct;
             (4)  the date of the election and the hours during which
the polls will be open;
             (5)  for notice publicized as required by Subsection
(a)(1)(B) or (C) or authorized by Subsection (a)(2), instructions
for persons voting early by mail;
             (6)  general information on federal and state laws
prohibiting voter fraud and misrepresentation;
             (7)  what circumstances will spoil a ballot; and
             (8) [(2)]  any other information that the secretary of
state considers important for a voter to know.
       (d)  Two posters that are at least 18 by 24 inches and that
contain the notice required by this section must be posted at each
polling place. One poster must be written in English and one poster
must be written in Spanish.
       (e)  The secretary of state shall prescribe the form and
content of the notice in accordance with this section. The
secretary of state shall revise the content of the notice as
necessary to ensure that the notice accurately reflects the law in
effect at the time the notice is publicized.
       SECTION 2.  The changes in law made by this Act to Section
62.0115, Election Code, apply only to an election ordered on or
after September 1, 2007.
       SECTION 3.  This Act takes effect September 1, 2007.