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A BILL TO BE ENTITLED
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AN ACT
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relating to the registration of voters at a polling place during |
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early voting by personal appearance 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. 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. (a) 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 during early voting by personal appearance |
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for voting the ballot for the precinct of the person's residence as |
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shown by the identification presented if, on the day the person |
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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; and |
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(2) presents as proof of residence any of the |
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following documents that display the person's current name and |
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current address on the day the person seeks to vote: |
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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; |
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(B) any other identification issued by a |
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government agency containing the person's photograph; |
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(C) a utility bill or bank statement addressed to |
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the person and dated not earlier than the 30th day before the date |
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the person seeks to vote; |
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(D) a paycheck issued to the person; |
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(E) a government check or government document |
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issued to or belonging to the person; or |
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(F) a document designated by the secretary of |
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state under Subsection (e). |
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(b) The election officer shall make a copy of the proof of |
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residence submitted under Subsection (a)(2) and attach it to the |
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registration application. The election officer shall return the |
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original proof of residence to the voter. |
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(c) A person voting under this section shall vote the early |
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voting ballot that would be provided to a voter voting early by |
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mail. The person must place the marked ballot in the official |
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carrier envelope, execute the carrier envelope as provided by |
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Section 86.013, and deliver the carrier envelope and ballot to the |
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election officer before leaving the polling place. A ballot voted |
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under this section shall be processed in the same manner as a ballot |
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voted early by mail. |
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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 copy of the proof of residence and determine |
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whether the applicant 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 3. Section 86.007, Election Code, is amended by |
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adding Subsection (h) to read as follows: |
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(h) A ballot voted under Section 85.0312 and delivered to an |
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election officer as required by that section is considered timely |
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returned. |
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SECTION 4. Section 87.041, Election Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (f) to read |
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as follows: |
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(a) The early voting ballot board shall open each jacket |
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envelope for an early voting ballot voted by mail or as provided by |
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Section 85.0312 and determine whether to accept the voter's ballot. |
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(d) Except as provided by Subsection (f), a [A] ballot shall |
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be rejected if any requirement prescribed by Subsection (b) is not |
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satisfied. In that case, the board shall indicate the rejection by |
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entering "rejected" on the carrier envelope and on the |
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corresponding jacket envelope. |
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(f) Subsections (b)(3) and (b)(5)-(7) do not apply to a |
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voter who votes under Section 85.0312. |
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SECTION 5. This Act takes effect September 1, 2009. |