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A BILL TO BE ENTITLED
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AN ACT
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relating to certain voting requirements and procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. In enacting this legislation, the legislature |
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intends to express a broad consensus of the members and presiding |
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officers toward ensuring and enhancing two equally important and |
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compatible tenets of our democracy: |
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(1) the inviolability of the basic right of each voter |
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to be able to cast a ballot in any election in which the voter is |
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eligible to vote; and |
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(2) the integrity of the electoral process, to the end |
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that each vote cast by an eligible voter in an election be counted |
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and given equal weight without dilution by votes cast by persons not |
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eligible to vote in the election. |
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SECTION 2. (a) On offering to vote in an election, a voter |
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must present to an election officer at the polling place the voter's |
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voter registration certificate and one or more forms of |
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identification, including photo or nonphoto identification, to |
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help ensure a reliable and efficient voting process that protects |
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against and discourages voting fraud and other forms of unlawful |
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voting, prevents the votes of ineligible voters from being counted, |
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and facilitates and allows the votes of eligible voters to be |
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counted. To these ends, voter affidavits and other alternative |
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voting procedures shall be executed and followed if necessary to |
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implement appropriate exceptions or modifications to the |
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identification requirements to further balance the goals of |
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facilitating eligible voter participation and preventing voting |
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fraud and other forms of unlawful voting. Provisional voting shall |
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be required, as appropriate and necessary, for certain voters to |
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vote when the applicable identification requirements and related |
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voting requirements are not met. The secretary of state shall |
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prescribe appropriate procedures as necessary to implement this |
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subsection. |
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(b) To facilitate the balancing of the goals, as described |
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by Subsection (a) of this section, of ensuring a reliable and |
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efficient voting process that protects against and discourages |
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voting fraud and other forms of unlawful voting, preventing the |
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votes of ineligible voters from being counted, and facilitating and |
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allowing the votes of eligible voters to be counted, related voting |
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procedures and processes shall be added or modified as appropriate. |
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Notification of the identification requirements and related |
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procedures described by Subsection (a) of this section shall be |
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provided to voters on appropriate documents during the voter |
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registration process, on the websites of the secretary of state and |
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voter registrars who maintain websites, and on a posting outside |
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each polling location. The identification requirements and related |
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procedures shall be included in the training standards for election |
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officers and in the training programs provided by local election |
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officials. The secretary of state shall prescribe appropriate |
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procedures as necessary to implement this subsection. |
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(c) The Department of Public Safety may not collect a fee |
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for a personal identification certificate if the person is a voter |
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or applicant for voter registration and is obtaining the |
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certificate for the purpose of satisfying the identification |
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requirements described by Subsection (a) of this section. |
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SECTION 3. To the extent of any conflict with the Election |
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Code or other law, this Act prevails. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect January 1, 2010. |
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(b) The changes in law made by Section 2(b) of this Act |
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regarding training standards, training programs, and notification |
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requirements on websites and during the voter registration process |
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take effect September 1, 2009. |