81R11498 JRJ-D
 
  By: Heflin H.B. No. 2997
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirements for accepting a provisional ballot.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 63.011(d), Election Code, is amended to
  read as follows:
         (d)  An election officer shall:
               (1)  enter "provisional vote" on the poll list beside
  the name of each voter who is accepted for voting under this
  section; and
               (2)  inform the voter of the requirements of Section
  65.0541.
         SECTION 2.  Section 65.054(b), Election Code, is amended to
  read as follows:
         (b)  A provisional ballot may be accepted only if:
               (1)  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; and
               (2)  the voter meets the identification requirements of
  Chapter 63 in the period prescribed under Section 65.0541.
         SECTION 3.  Subchapter B, Chapter 65, Election Code, is
  amended by adding Section 65.0541 to read as follows:
         Sec. 65.0541.  PRESENTATION OF IDENTIFICATION FOR CERTAIN
  PROVISIONAL BALLOTS. (a)  A voter who is accepted for provisional
  voting under Section 63.011 because the voter does not meet the
  identification requirements of Chapter 63 may, not later than the
  10th business day after the date of the election, present proof of
  identification to the voter registrar for examination by the early
  voting ballot board.
         (b)  Any interested person may present the proof of
  identification in the manner described by Subsection (a) on behalf
  of a voter who is accepted for provisional voting under Section
  63.011.
         (c)  The secretary of state shall prescribe procedures as
  necessary to implement this section.
         SECTION 4.  This Act takes effect September 1, 2009.