81R625 ATP-D
  By: Ellis S.B. No. 118
  relating to the registration of voters at a polling place during
  early voting by personal appearance and related procedures.
         SECTION 1.  Subchapter A, Chapter 12, Election Code, is
  amended by adding Section 12.007 to read as follows:
  REGISTRARS.  An election officer serving a polling place for early
  voting by personal appearance is a deputy voter registrar and has
  the same authority as a regular deputy registrar.
         SECTION 2.  Subchapter B, Chapter 85, Election Code, is
  amended by adding Section 85.0312 to read as follows:
  VOTING.  (a)  A person who would be eligible to vote in an election
  under Section 11.001, but for the requirement to be a registered
  voter, shall be accepted during early voting by personal appearance
  for voting the ballot for the precinct of the person's residence as
  shown by the identification presented if, on the day the person
  offers to vote, the person:
               (1)  submits a voter registration application that
  complies with Section 13.002 to an election officer at the polling
  place; and
               (2)  presents as proof of residence any of the
  following documents that display the person's current name and
  current address on the day the person seeks to vote:
                     (A)  a Texas driver's license, including a
  temporary license or instruction permit, or personal
  identification card issued to the person by the Department of
  Public Safety;
                     (B)  any other identification issued by a
  government agency containing the person's photograph;
                     (C)  a utility bill or bank statement addressed to
  the person and dated not earlier than the 30th day before the date
  the person seeks to vote;
                     (D)  a paycheck issued to the person;
                     (E)  a government check or government document
  issued to or belonging to the person; or
                     (F)  a document designated by the secretary of
  state under Subsection (e).
         (b)  The election officer shall make a copy of the proof of
  residence submitted under Subsection (a)(2) and attach it to the
  registration application.  The election officer shall return the
  original proof of residence to the voter.
         (c)  A person voting under this section shall vote the early
  voting ballot that would be provided to a voter voting early by
  mail. The person must place the marked ballot in the official
  carrier envelope, execute the carrier envelope as provided by
  Section 86.013, and deliver the carrier envelope and ballot to the
  election officer before leaving the polling place. A ballot voted
  under this section shall be processed in the same manner as a ballot
  voted early by mail.
         (d)  For each registration corresponding to a ballot cast
  under this section, the voter registrar shall review the
  application and copy of the proof of residence and determine
  whether the applicant is eligible for registration as provided by
  Subchapter C, Chapter 13.  The registrar shall inform the early
  voting ballot board of a determination made under this subsection.  
  A registration approved under this subsection takes effect on the
  date the vote was cast.
         (e)  The secretary of state may by rule:
               (1)  designate additional documents that a person may
  offer to prove the person's residence to register and vote under
  this section; and
               (2)  prescribe procedures to implement this section.
         SECTION 3.  Section 86.007, Election Code, is amended by
  adding Subsection (h) to read as follows:
         (h)  A ballot voted under Section 85.0312 and delivered to an
  election officer as required by that section is considered timely
         SECTION 4.  Section 87.041, Election Code, is amended by
  amending Subsections (a) and (d) and adding Subsection (f) to read
  as follows:
         (a)  The early voting ballot board shall open each jacket
  envelope for an early voting ballot voted by mail or as provided by
  Section 85.0312 and determine whether to accept the voter's ballot.
         (d)  Except as provided by Subsection (f), a [A] ballot shall
  be rejected if any requirement prescribed by Subsection (b) is not
  satisfied. In that case, the board shall indicate the rejection by
  entering "rejected" on the carrier envelope and on the
  corresponding jacket envelope.
         (f)  Subsections (b)(3) and (b)(5)-(7) do not apply to a
  voter who votes under Section 85.0312.
         SECTION 5.  This Act takes effect September 1, 2009.