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A BILL TO BE ENTITLED
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AN ACT
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relating to the registration of certain voters at a polling place |
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and related procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 12, Election Code, is |
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amended by adding Section 12.007 to read as follows: |
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Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER |
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REGISTRARS. An election officer serving a polling place for early |
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voting by personal appearance is a deputy voter registrar and has |
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the same authority as a regular deputy registrar. |
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SECTION 2. Chapter 62, Election Code, is amended by adding |
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Section 62.0015 to read as follows: |
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Sec. 62.0015. CERTAIN ELECTION OFFICERS ARE VOTER |
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REGISTRARS. An election officer serving a polling place on |
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election day is a deputy voter registrar and has the same authority |
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as a regular deputy registrar. |
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SECTION 3. Chapter 63, Election Code, is amended by adding |
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Section 63.010 to read as follows: |
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Sec. 63.010. REGISTRATION AT POLLING PLACE OF ACTIVE AND |
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DISCHARGED MILITARY PERSONNEL; VOTING PROCEDURES. (a) Other |
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applicable provisions of this code apply to the conduct of voting |
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and to the registration of voters under this section to the extent |
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those provisions do not conflict with this section. |
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(b) A person who would be eligible to vote in an election |
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under Section 11.001, but for the requirement to be a registered |
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voter, shall be accepted for voting in the precinct of the person's |
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residence as shown by the identification presented if, on the day |
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the person offers to vote, the person: |
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(1) submits a voter registration application that |
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complies with Section 13.002 to an election officer at the polling |
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place; |
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(2) presents a United States military identification |
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card that contains the person's photograph; |
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(3) presents a deployment order indicating that the |
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person was deployed to a location away from the person's home |
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station and out of the person's county of residence on or after the |
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60th day before election day; and |
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(4) presents as proof of residence: |
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(A) a Texas driver's license, including a |
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temporary license or instruction permit, or personal |
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identification card issued to the person by the Department of |
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Public Safety that states the person's current address on the day |
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the person seeks to vote; or |
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(B) a utility bill addressed to the person dated |
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not earlier than the 30th day before the date the person seeks to |
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vote, and: |
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(i) a Texas driver's license, including a |
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temporary license or instruction permit, or personal |
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identification card issued to the person by the Department of |
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Public Safety, regardless of whether the address stated on the |
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license or card is current on the day the person seeks to vote; or |
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(ii) a United States passport issued to the |
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person. |
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(c) The election officer shall make a copy of the documents |
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submitted under Subsections (b)(2)-(4) and attach the copies to the |
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registration application. The election officer shall return the |
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original documents to the voter. |
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(d) A person voting under this section shall vote a |
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provisional ballot in the manner provided by Section 63.011, except |
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that the person is not required to submit the affidavit under |
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Section 63.011(a). |
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(e) For each registration corresponding to a ballot cast |
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under this section, the voter registrar shall review the |
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application and copies of the documents submitted under Subsections |
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(b)(2)-(4) and determine whether the applicant was a member of the |
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United States military forces serving on active duty and deployed |
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to a location away from the applicant's home station and out of the |
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applicant's county of residence on or after the 60th day before |
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election day and is eligible for registration as provided by |
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Subchapter C, Chapter 13. The registrar shall inform the early |
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voting ballot board of a determination made under this subsection. |
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A registration approved under this subsection takes effect on the |
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date the vote was cast. |
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(f) The secretary of state may by rule: |
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(1) designate additional documents that a person may |
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offer to prove the person's residence to register and vote under |
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this section; and |
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(2) prescribe procedures to implement this section. |
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SECTION 4. Section 65.054, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Except as provided by Subsection (b-1), a [A] |
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provisional ballot may be accepted only if the board determines |
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that, from the information in the affidavit or contained in public |
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records, the person is eligible to vote in the election and has not |
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previously voted in that election. |
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(b-1) A provisional ballot cast under Section 63.010 or |
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85.0312 shall be accepted if the voter registrar determines the |
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applicant is eligible for registration under Section 63.010(e) or |
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85.0312(d), as applicable. |
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SECTION 5. Subchapter B, Chapter 85, Election Code, is |
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amended by adding Section 85.0312 to read as follows: |
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Sec. 85.0312. REGISTRATION AT POLLING PLACE DURING EARLY |
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VOTING OF ACTIVE AND DISCHARGED MILITARY PERSONNEL. (a) A person |
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who would be eligible to vote in an election under Section 11.001, |
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but for the requirement to be a registered voter, shall be accepted |
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during early voting by personal appearance for voting the ballot |
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for the precinct of the person's residence as shown by the |
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identification presented if, on the day the person offers to vote, |
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the person: |
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(1) submits a voter registration application that |
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complies with Section 13.002 to an election officer at the polling |
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place; |
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(2) presents a United States military identification |
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card that contains the person's photograph; |
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(3) presents a deployment order indicating that the |
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person was deployed to a location away from the person's home |
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station and out of the person's county of residence on or after the |
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60th day before election day; and |
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(4) presents as proof of residence: |
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(A) a Texas driver's license, including a |
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|
temporary license or instruction permit, or personal |
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identification card issued to the person by the Department of |
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Public Safety that states the person's current address on the day |
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the person seeks to vote; or |
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(B) a utility bill addressed to the person dated |
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not earlier than the 30th day before the date the person seeks to |
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vote, and: |
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(i) a Texas driver's license, including a |
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|
temporary license or instruction permit, or personal |
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identification card issued to the person by the Department of |
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Public Safety, regardless of whether the address stated on the |
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license or card is current on the day the person seeks to vote; or |
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(ii) a United States passport issued to the |
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person. |
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(b) The election officer shall make a copy of the documents |
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submitted under Subsections (a)(2)-(4) and attach the copies to the |
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registration application. The election officer shall return the |
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original documents to the voter. |
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(c) A person voting under this section shall vote a |
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provisional ballot in the manner provided by Section 63.011, except |
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that the person is not required to submit the affidavit under |
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Section 63.011(a). |
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(d) For each registration corresponding to a ballot cast |
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under this section, the voter registrar shall review the |
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application and copies of the documents submitted under Subsections |
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(a)(2)-(4) and determine whether the applicant was a member of the |
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United States military forces serving on active duty and deployed |
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to a location away from the person's home station and out of the |
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person's county of residence on or after the 60th day before |
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election day and is eligible for registration as provided by |
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Subchapter C, Chapter 13. The registrar shall inform the early |
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voting ballot board of a determination made under this subsection. |
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A registration approved under this subsection takes effect on the |
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date the vote was cast. |
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(e) The secretary of state may by rule: |
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(1) designate additional documents that a person may |
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offer to prove the person's residence to register and vote under |
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this section; and |
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(2) prescribe procedures to implement this section. |
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SECTION 6. This Act takes effect September 1, 2009. |