By: Heflin H.B. No. 3902
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirements for accepting a special provisional
  ballot.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 124.006, Election Code, is amended to
  read as follows:
         The secretary of state shall prescribe the forms of a
  provisional ballot, a special identification provisional ballot
  and the necessary procedures to implement the casting of a
  provisional ballot and a special identification provisional ballot
  as described by Section 63.011 and the verification and processing
  of provisional ballots under Subchapter B, Chapter 65, for each
  voting system used in this state.
         SECTION 2.  Section 63.011, Election Code, is amended to
  read as follows:
         (d)  An election officer shall:
               (1)  enter "provisional vote" or "special
  identification 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.
         (e)  A person who is permitted under a state or federal court
  order to cast a ballot in an election for a federal office after the
  time allowed by Subchapter B, Chapter 41, must cast the ballot as a
  provisional vote in the manner required by this section.
         (f)  A person shall be allowed to vote a special
  identification provisional ballot marked to show that the special
  identification provisional ballot is being accepted without the
  identification required by the Election Code.
         SECTION 3.  Section 65.054(b), Election Code, is amended to
  read as follows:
         (b)  All provisional ballots, including special
  identification provisional ballots, 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;
               (2)  the voter meets the identification requirements of
  Election Code, Chapter 63 in the period prescribed under Section
  65.0541; and
               (3)  before the election is canvassed, the election
  officials shall make a reasonable effort to determine if the voter
  of the special identification provisional ballot is a qualified
  voter.
         (c)  All provisional ballots, including special
  identification provisional ballots, in compliance with Subsection
  (b) shall be counted and included in the official canvass of
  elections.
         SECTION 4.  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 including use of a special identification provisional ballot
  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 5.  Chapter 13, Election Code, is amended by adding
  Section 13.004(e) to read as follows:
         (e)  the list of registered voters that voted a special
  identification provisional ballot shall be public record and made
  available for inspection and copying at any time after election
  day.
         (f)  Subsection (e) is enforceable by writ of mandamus as
  provided by Section 273.061 of this Code.
         SECTION 6.  This Act takes effect September 1, 2009.