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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a voter to present proof of identification. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 15, Election Code, is |
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amended by adding Section 15.005 to read as follows: |
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Sec. 15.005. NOTICE OF IDENTIFICATION REQUIREMENTS. (a) |
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The voter registrar of each county shall provide notice of the |
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identification requirements for voting prescribed by Chapter 63 and |
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a detailed description of those requirements with each voter |
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registration certificate issued under Section 13.142 or renewal |
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registration certificate issued under Section 14.001. |
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(b) The secretary of state shall prescribe the wording of |
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the notice to be included on the certificate under this section. |
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SECTION 2. Subchapter A, Chapter 31, Election Code, is |
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amended by adding Section 31.012 to read as follows: |
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Sec. 31.012. VOTER IDENTIFICATION EDUCATION. The secretary |
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of state and the voter registrar of each county that maintains a |
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website shall provide notice of the identification requirements for |
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voting prescribed by Chapter 63 on each entity's respective |
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website. The secretary of state shall prescribe the wording of the |
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notice to be included on the websites. |
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SECTION 3. Section 32.111, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The training standards adopted under Subsection (a) |
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must include provisions on the acceptance and handling of the |
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identification presented by a voter to an election officer under |
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Section 63.001. |
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SECTION 4. Section 32.114(a), Election Code, is amended to |
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read as follows: |
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(a) The county clerk shall provide one or more sessions of |
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training using the standardized training program and materials |
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developed and provided by the secretary of state under Section |
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32.111 for the election judges and clerks appointed to serve in |
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elections ordered by the governor or a county authority. Each |
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election judge shall complete the training program. Each election |
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clerk shall complete the part of the training program relating to |
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the acceptance and handling of the identification presented by a |
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voter to an election officer under Section 63.001. |
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SECTION 5. Effective January 1, 2010, Chapter 62, Election |
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Code, is amended by adding Section 62.016 to read as follows: |
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Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE |
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POLLING PLACES. The presiding judge shall post in a prominent place |
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on the outside of each polling location a list of the acceptable |
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forms of identification. The notice and list must be printed using |
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a font that is at least 24 point. |
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SECTION 6. Effective January 1, 2010, Section 63.001, |
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Election Code, is amended by amending Subsections (b), (c), (d), |
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and (f) and adding Subsection (g) to read as follows: |
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(b) On offering to vote, a voter must present to an election |
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officer at the polling place the voter's voter registration |
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certificate and either: |
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(1) one form of identification listed in Section |
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63.0101(a); or |
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(2) two different forms of identification listed in |
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Section 63.0101(b) [to an election officer at the polling place]. |
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(c) On presentation of the documentation required by |
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Subsection (b) [a registration certificate], an election officer |
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shall determine whether the voter's name on the registration |
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certificate is on the list of registered voters for the precinct. |
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(d) If the voter's name is on the precinct list of |
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registered voters and the voter's identity can be verified from the |
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documentation presented under Subsection (b), the voter shall be |
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accepted for voting. |
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(f) After determining whether to accept a voter, an election |
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officer shall return the voter's documentation [registration
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certificate] to the voter. |
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(g) If the requirements for identification prescribed by |
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Subsection (b) are not met, the voter may be accepted for |
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provisional voting only under Section 63.011. An election officer |
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shall inform a voter who is not accepted for voting under this |
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section of the voter's right to cast a provisional ballot under |
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Section 63.011. |
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SECTION 7. Effective January 1, 2010, Section 63.006(a), |
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Election Code, is amended to read as follows: |
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(a) A voter who, when offering to vote, presents a voter |
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registration certificate indicating that the voter is currently |
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registered in the precinct in which the voter is offering to vote, |
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but whose name is not on the precinct list of registered voters, |
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shall be accepted for voting if the voter's identity can be verified |
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from the documentation presented under Section 63.001(b). |
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SECTION 8. Effective January 1, 2010, Section 63.007(a), |
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Election Code, is amended to read as follows: |
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(a) A voter who, when offering to vote, presents a voter |
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registration certificate indicating that the voter is currently |
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registered in a different precinct from the one in which the voter |
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is offering to vote, and whose name is not on the precinct list of |
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registered voters, shall be accepted for voting if the voter's |
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identity can be verified from the documentation presented under |
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Section 63.001(b) and the voter executes an affidavit stating that |
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the voter: |
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(1) is a resident of the precinct in which the voter is |
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offering to vote or is otherwise entitled by law to vote in that |
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precinct; |
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(2) was a resident of the precinct in which the voter |
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is offering to vote at the time that information on the voter's |
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residence address was last provided to the voter registrar; |
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(3) did not deliberately provide false information to |
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secure registration in a precinct in which the voter does not |
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reside; and |
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(4) is voting only once in the election. |
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SECTION 9. Effective January 1, 2010, Section 63.008(a), |
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Election Code, is amended to read as follows: |
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(a) A voter who does not present a voter registration |
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certificate when offering to vote, but whose name is on the list of |
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registered voters for the precinct in which the voter is offering to |
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vote, shall be accepted for voting if the voter executes an |
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affidavit stating that the voter does not have the voter's voter |
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registration certificate in the voter's possession at the polling |
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place at the time of offering to vote and the voter's identity can |
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be verified from the identification presented under Section |
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63.001(b)(1) or (2) [voter presents proof of identification in a
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form described by Section 63.0101]. |
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SECTION 10. Effective January 1, 2010, Section 63.0101, |
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Election Code, is amended to read as follows: |
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Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. |
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(a) The following documentation is an acceptable form [as proof] of |
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photo identification under this chapter: |
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(1) a driver's license or personal identification card |
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issued to the person by the Department of Public Safety that has not |
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expired or that expired no earlier than two years before the date of |
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presentation [or a similar document issued to the person by an
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agency of another state, regardless of whether the license or card
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has expired]; |
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(2) a United States military identification card that |
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contains the person's photograph [form of identification
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containing the person's photograph that establishes the person's
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identity]; |
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(3) a valid employee identification card that contains |
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the person's photograph and is issued by an employer of the person |
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in the ordinary course of the employer's business [birth
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certificate or other document confirming birth that is admissible
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in a court of law and establishes the person's identity]; |
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(4) a United States citizenship certificate [papers] |
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issued to the person that contains the person's photograph; |
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(5) a United States passport issued to the person; |
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(6) a student identification card issued by a public |
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or private institution of higher education located in Texas that |
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contains the person's photograph [official mail addressed to the
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person by name from a governmental entity]; |
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(7) a license to carry a concealed handgun issued to |
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the person by the Department of Public Safety; or |
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(8) a valid identification card that contains the |
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person's photograph and is issued by: |
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(A) an agency or institution of the federal |
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government; or |
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(B) an agency, institution, or political |
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subdivision of this state. |
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(b) The following documentation is acceptable as proof of |
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identification under this chapter: |
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(1) a copy of a current utility bill, bank statement, |
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government check, paycheck, or other government document that shows |
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the name and address of the voter; |
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(2) official mail addressed to the person by name from |
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a governmental entity; |
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(3) a certified copy of a birth certificate or other |
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document confirming birth that is admissible in a court of law and |
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establishes the person's identity; |
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(4) United States citizenship papers issued to the |
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person; |
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(5) an original or certified copy of the person's |
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marriage license or divorce decree; |
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(6) court records of the person's adoption, name |
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change, or sex change; |
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(7) an identification card issued to the person by a |
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governmental entity of this state or the United States for the |
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purpose of obtaining public benefits, including veteran's |
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benefits, Medicaid, or Medicare; |
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(8) a temporary driving permit issued to the person by |
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the Department of Public Safety; |
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(9) a pilot's license issued to the person by the |
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Federal Aviation Administration or another authorized agency of the |
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United States; |
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(10) a library card that contains the person's name |
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issued to the person by a public library located in this state; or |
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(11) a hunting or fishing license issued to a person by |
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the Parks and Wildlife Department [or
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[(8)
any other form of identification prescribed by
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the secretary of state]. |
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SECTION 11. Effective January 1, 2010, Sections 63.011(a) |
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and (b), Election Code, are amended to read as follows: |
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(a) A person to whom Section 63.001(g), 63.008(b), or |
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63.009(a) applies may cast a provisional ballot if the person |
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executes an affidavit stating that the 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) is eligible to vote in the election. |
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(b) A form for an affidavit required by this section must |
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[shall] be printed on an envelope in which the provisional ballot |
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voted by the person may be placed and must include a space for |
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entering the identification number of the provisional ballot voted |
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by the person and a space for an election officer to indicate |
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whether the person presented proof of identification as required by |
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Section 63.001(b)(1) or (2). The affidavit form may include space |
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for 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 12. Effective January 1, 2010, Section 65.054(b), |
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Election Code, is amended to read as follows: |
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(b) A provisional ballot may be accepted only if: |
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(1) the board determines that, from the information in |
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the affidavit or contained in public records, the person is |
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eligible to vote in the election and has not previously voted in |
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that election; and |
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(2) the voter presents proof of identification as |
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required by Section 63.001(b)(1) or (2): |
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(A) at the time the ballot was cast; or |
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(B) in the period prescribed under Section |
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65.0541. |
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SECTION 13. Effective January 1, 2010, Subchapter B, |
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Chapter 65, Election Code, is amended by adding Section 65.0541 to |
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read as follows: |
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Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN |
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PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional |
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voting under Section 63.011 because the voter does not present |
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proof of identification as required by Section 63.001(b)(1) or (2) |
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may, not later than the 10th business day after the date of the |
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election, present proof of identification to the voter registrar |
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for examination by the early voting ballot board. |
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(b) The secretary of state shall prescribe procedures as |
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necessary to implement this section. |
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SECTION 14. As soon as practicable after September 1, 2009: |
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(1) the secretary of state shall adopt the training |
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standards and develop the training materials required to implement |
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the change in law made by this Act to Section 32.111, Election Code; |
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and |
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(2) the county clerk of each county shall provide a |
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session of training under Section 32.114, Election Code, using the |
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standards adopted and materials developed to implement the change |
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in law made by this Act to Section 32.111, Election Code. |
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SECTION 15. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2009. |