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A BILL TO BE ENTITLED
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AN ACT
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relating to early voting by mail by any qualified voter. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 82.005, Election Code, is amended to |
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read as follows: |
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Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
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APPEARANCE]. Any qualified voter is eligible for early voting by |
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mail or personal appearance. |
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SECTION 2. Section 84.001(a), Election Code, is amended to |
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read as follows: |
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(a) To be entitled to vote an early voting ballot by mail, a |
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person [who is eligible for early voting] must make an application |
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for an early voting ballot to be voted by mail as provided by this |
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title. |
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SECTION 3. Section 84.002(a), Election Code, is amended to |
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read as follows: |
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(a) An early voting ballot application must include: |
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(1) the applicant's name and the address at which the |
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applicant is registered to vote; |
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(2) for an application for a ballot to be voted by mail |
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by an applicant who will be absent from the applicant's [on the
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ground of absence from the] county of residence on election day, the |
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address outside the applicant's county of residence to which the |
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ballot is to be mailed; |
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(3) for an application for a ballot to be voted by mail |
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by an applicant who is 65 years of age or older on election day or |
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has a sickness or physical condition that requires the applicant to |
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reside in a hospital or nursing home or other long-term care |
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facility, or with a relative [on the ground of age or disability], |
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the address of the hospital, nursing home or other long-term care |
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facility, or retirement center, or of a person related to the |
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applicant within the second degree by affinity or the third degree |
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by consanguinity, as determined under Chapter 573, Government Code, |
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if the applicant is living at that address and that address is |
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different from the address at which the applicant is registered to |
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vote; |
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(4) for an application for a ballot to be voted by mail |
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by an applicant who is confined [on the ground of confinement] in |
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jail as described by Section 84.009(a), the address of the jail or |
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of a person related to the applicant within the degree described by |
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Subdivision (3); and |
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(5) [for an application for a ballot to be voted by
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mail on any ground,] an indication of each election for which the |
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applicant is applying for a ballot[; and
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[(6)
an indication of the ground of eligibility for
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early voting]. |
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SECTION 4. Section 84.009, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) This section applies only to an applicant who, at the |
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time the application for a ballot to be voted by mail is submitted, |
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is confined in jail: |
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(1) serving a misdemeanor sentence for a term that |
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ends on or after election day; |
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(2) pending trial after denial of bail; |
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(3) without bail pending an appeal of a felony |
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conviction; or |
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(4) pending trial or appeal on a bailable offense for |
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which release on bail before election day is unlikely. |
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(a-1) On request of the applicant, an application for a |
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ballot to be voted by mail [on the ground of confinement in jail] |
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may be submitted to the early voting clerk, at the discretion of the |
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authority in charge of the jail, by personal delivery by the jail |
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authority or by a designated subordinate of the authority. |
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SECTION 5. Section 84.011(a), Election Code, is amended to |
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read as follows: |
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(a) The officially prescribed application form for an early |
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voting ballot must include: |
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(1) immediately preceding the signature space the |
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statement: "I certify that the information given in this |
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application is true, and I understand that giving false information |
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in this application is a crime."; |
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(2) a statement informing the applicant of the |
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offenses prescribed by Sections 84.003 and 84.004; |
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(3) spaces for entering an applicant's voter |
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registration number and county election precinct of registration, |
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with a statement informing the applicant that failure to furnish |
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that information does not invalidate the application; and |
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(4) on an application for a ballot to be voted by mail: |
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(A) a space for an applicant [applying on the
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ground of absence from the county of residence] to indicate whether |
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the applicant will be absent from the applicant's county of |
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residence on election day and, if applicable, the date on or after |
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which the applicant can receive mail at the address outside the |
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county; |
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(B) a space for indicating the fact that an |
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applicant whose application is signed by a witness cannot make the |
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applicant's mark and a space for indicating the relationship or |
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lack of relationship of the witness to the applicant; |
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(C) a space for entering an applicant's telephone |
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number, with a statement informing the applicant that failure to |
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furnish that information does not invalidate the application; |
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(D) a space or box for an applicant who is 65 |
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years of age or older on election day or has a sickness or physical |
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condition that requires the applicant to reside in a hospital or |
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nursing home or other long-term care facility, or with a relative, |
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[applying on the ground of age or disability] to indicate that the |
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address to which the ballot is to be mailed is the address of a |
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facility or relative described by Section 84.002(a)(3), if |
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applicable; |
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(E) a space or box for an applicant confined |
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[applying on the ground of confinement] in jail as described by |
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Section 84.009(a) to indicate that the address to which the ballot |
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is to be mailed is the address of a relative described by Section |
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84.002(a)(4), if applicable; |
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(F) spaces for entering the signature, printed |
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name, and residence address of any person assisting the applicant; |
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(G) a statement informing the applicant of the |
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condition prescribed by Section 81.005; and |
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(H) a statement informing the applicant of the |
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requirement prescribed by Section 86.003(c). |
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SECTION 6. Sections 86.001(b) and (c), Election Code, are |
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amended to read as follows: |
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(b) If the application complies with the applicable |
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requirements prescribed by this title [applicant is entitled to
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vote an early voting ballot by mail], the clerk shall provide an |
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official ballot to the applicant as provided by this chapter. |
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(c) Except as provided by Section 86.008, if the applicant |
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is not entitled to vote in the election [by mail], the clerk shall |
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reject the application, enter on the application "rejected" and the |
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reason for and date of rejection, and deliver written notice of the |
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reason for the rejection to the applicant at both the residence |
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address and mailing address on the application. A ballot may not be |
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provided to an applicant whose application is rejected. |
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SECTION 7. Section 86.003(c), Election Code, is amended to |
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read as follows: |
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(c) The address to which the balloting materials must be |
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addressed is the address at which the voter is registered to vote, |
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or the registered mailing address if different, unless the |
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application to vote early by mail indicates that the voter [ground
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for voting by mail is]: |
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(1) will be absent from the voter's [absence from the] |
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county of residence on election day, in which case the address must |
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be an address outside the voter's county of residence; |
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(2) is confined [confinement] in jail as described by |
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Section 84.009(a), in which case the address must be the address of |
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the jail or of a relative described by Section 84.002(a)(4); or |
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(3) is 65 years of age or older on election day or has a |
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sickness or physical condition that requires the applicant to |
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reside in a hospital or nursing home or other long-term care |
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facility, or with a relative, [age or disability] and [the voter] is |
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living at a hospital, nursing home or other long-term care |
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facility, or retirement center, or with a relative described by |
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Section 84.002(a)(3), in which case the address must be the address |
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of that facility or relative. |
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SECTION 8. Section 86.004(b), Election Code, is amended to |
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read as follows: |
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(b) For the general election for state and county officers, |
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the balloting materials for a voter who indicates on the |
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application for a ballot to be voted by mail or the federal postcard |
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application that the voter seeks [is eligible] to vote early by mail |
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as a consequence of the voter's being outside the United States |
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shall be mailed on or before the later of the 45th day before |
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election day or the seventh calendar day after the date the clerk |
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receives the application. However, if it is not possible to mail |
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the ballots by the deadline of the 45th day before election day, the |
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clerk shall notify the secretary of state within 24 hours of knowing |
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that the deadline will not be met. The secretary of state shall |
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monitor the situation and advise the clerk, who shall mail the |
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ballots as soon as possible in accordance with the secretary of |
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state's guidelines. |
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SECTION 9. Section 87.041(b), Election Code, is amended to |
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read as follows: |
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(b) A ballot may be accepted only if: |
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(1) the carrier envelope certificate is properly |
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executed; |
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(2) neither the voter's signature on the ballot |
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application nor the signature on the carrier envelope certificate |
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is determined to have been executed by a person other than the |
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voter, unless signed by a witness; |
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(3) [the voter's ballot application states a legal
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ground for early voting by mail;
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[(4)] the voter is registered to vote, if registration |
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is required by law; |
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(4) [(5)
the address to which the ballot was mailed to
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the voter, as indicated by the application, was outside the voter's
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county of residence, if the ground for early voting is absence from
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the county of residence;
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[(6)] for a voter to whom a statement of residence form |
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was required to be sent under Section 86.002(a), the statement of |
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residence is returned in the carrier envelope and indicates that |
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the voter satisfies the residence requirements prescribed by |
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Section 63.0011; and |
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(5) [(7)] the address to which the ballot was mailed |
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to the voter is an address [that is otherwise] required by Sections |
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84.002 and 86.003. |
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SECTION 10. Section 102.001(a), Election Code, is amended |
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to read as follows: |
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(a) A qualified voter is eligible to vote a late ballot as |
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provided by this chapter if the voter has a sickness or physical |
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condition [described by Section 82.002] that prevents the voter |
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from appearing at the polling place on election day without a |
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likelihood of needing personal assistance or of injuring the |
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voter's health and originates on or after the day before the last |
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day for submitting an application for a ballot to be voted by mail. |
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SECTION 11. Sections 82.001, 82.002, 82.003, 82.004, |
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84.002(b), and 112.002(b), Election Code, are repealed. |
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SECTION 12. The changes in law made by this Act apply only |
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to an election ordered on or after September 1, 2009. |
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SECTION 13. This Act takes effect September 1, 2009. |