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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for accepting a special provisional |
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ballot. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 124.006, Election Code, is amended to |
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read as follows: |
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The secretary of state shall prescribe the forms of a |
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provisional ballot, a special identification provisional ballot |
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and the necessary procedures to implement the casting of a |
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provisional ballot and a special identification provisional ballot |
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as described by Section 63.011 and the verification and processing |
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of provisional ballots under Subchapter B, Chapter 65, for each |
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voting system used in this state. |
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SECTION 2. Section 63.011, Election Code, is amended to |
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read as follows: |
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(d) An election officer shall: |
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(1) enter "provisional vote" or "special |
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identification provisional vote" on the poll list beside the name |
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of each voter who is accepted for voting under this section; and |
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(2) inform the voter of the requirements of Section |
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65.0541. |
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(e) A person who is permitted under a state or federal court |
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order to cast a ballot in an election for a federal office after the |
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time allowed by Subchapter B, Chapter 41, must cast the ballot as a |
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provisional vote in the manner required by this section. |
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(f) A person shall be allowed to vote a special |
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identification provisional ballot marked to show that the special |
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identification provisional ballot is being accepted without the |
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identification required by the Election Code. |
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SECTION 3. Section 65.054(b), Election Code, is amended to |
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read as follows: |
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(b) All provisional ballots, including special |
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identification provisional ballots, 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; |
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(2) the voter meets the identification requirements of |
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Election Code, Chapter 63 in the period prescribed under Section |
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65.0541; and |
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(3) before the election is canvassed, the election |
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officials shall make a reasonable effort to determine if the voter |
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of the special identification provisional ballot is a qualified |
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voter. |
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(c) All provisional ballots, including special |
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identification provisional ballots, in compliance with Subsection |
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(b) shall be counted and included in the official canvass of |
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elections. |
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SECTION 4. Subchapter B, Chapter 65, Election Code, is |
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amended by adding Section 65.0541 to 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 including use of a special identification provisional ballot |
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under Section 63.011 because the voter does not meet the |
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identification requirements of Chapter 63 may, not later than the |
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10th business day after the date of the election, present proof of |
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identification to the voter registrar for examination by the early |
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voting ballot board. |
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(b) Any interested person may present the proof of |
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identification in the manner described by Subsection (a) on behalf |
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of a voter who is accepted for provisional voting under Section |
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63.011. |
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(c) The secretary of state shall prescribe procedures as |
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necessary to implement this section. |
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SECTION 5. Chapter 13, Election Code, is amended by adding |
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Section 13.004(e) to read as follows: |
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(e) the list of registered voters that voted a special |
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identification provisional ballot shall be public record and made |
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available for inspection and copying at any time after election |
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day. |
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(f) Subsection (e) is enforceable by writ of mandamus as |
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provided by Section 273.061 of this Code. |
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SECTION 6. This Act takes effect September 1, 2009. |