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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a voter to present proof of identification. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 15, Election Code, is |
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amended by adding Section 15.005 to read as follows: |
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Sec. 15.005. NOTICE OF IDENTIFICATION REQUIREMENTS. |
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(a) The voter registrar of each county shall provide notice of the |
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identification requirements for voting prescribed by Chapter 63 and |
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a detailed description of those requirements with each voter |
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registration certificate issued under Section 13.142 or renewal |
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registration certificate issued under Section 14.001. |
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(b) The secretary of state shall prescribe the wording of |
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the notice to be included on the certificate under this section. |
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SECTION 2. Subchapter A, Chapter 31, Election Code, is |
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amended by adding Section 31.012 to read as follows: |
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Sec. 31.012. VOTER IDENTIFICATION EDUCATION. (a) The |
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secretary of state and the voter registrar of each county that |
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maintains a website shall provide notice of the identification |
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requirements for voting prescribed by Chapter 63 on each entity's |
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respective website. The secretary of state shall prescribe the |
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wording of the notice to be included on the websites. |
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(b) The secretary of state, in cooperation with appropriate |
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nonprofit organizations as determined by the secretary of state and |
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with each party whose nominee for governor in the most recent |
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gubernatorial general election received 20 percent or more of the |
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total number of votes received by all candidates for governor in the |
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election, shall establish a statewide effort to educate voters |
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regarding the identification requirements for voting prescribed by |
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Chapter 63. The secretary of state may use any available funds, |
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including federal funds, for the purposes of this section. |
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SECTION 3. Section 32.111, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The training standards adopted under Subsection (a) |
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must include provisions on the acceptance and handling of the |
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identification presented by a voter to an election officer under |
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Section 63.001. |
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SECTION 4. Section 32.114(a), Election Code, is amended to |
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read as follows: |
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(a) The county clerk shall provide one or more sessions of |
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training using the standardized training program and materials |
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developed and provided by the secretary of state under Section |
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32.111 for the election judges and clerks appointed to serve in |
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elections ordered by the governor or a county authority. Each |
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election judge shall complete the training program. Each election |
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clerk shall complete the part of the training program relating to |
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the acceptance and handling of the identification presented by a |
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voter to an election officer under Section 63.001. |
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SECTION 5. Effective January 1, 2012, Chapter 62, Election |
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Code, is amended by adding Section 62.016 to read as follows: |
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Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE |
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POLLING PLACES. The presiding judge shall post in a prominent place |
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on the outside of each polling location a list of the acceptable |
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forms of photographic and nonphotographic identification. The list |
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must be printed using a font that is at least 24-point. |
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SECTION 6. Effective January 1, 2012, Section 63.001, |
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Election Code, is amended by amending Subsections (b), (c), (d), |
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and (f) and adding Subsection (g) to read as follows: |
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(b) On offering to vote, a voter must present one form of |
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photo identification listed in Section 63.0101 [the voter's voter
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registration certificate] to an election officer at the polling |
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place. |
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(c) On presentation of the documentation required by |
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Subsection (b) [a registration certificate], an election officer |
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shall determine whether the voter's name on the documentation |
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[registration certificate] is on the list of registered voters for |
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the precinct. |
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(d) If the voter's name is on the precinct list of |
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registered voters and the voter's identity can be verified from the |
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documentation presented under Subsection (b), the voter shall be |
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accepted for voting. |
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(f) After determining whether to accept a voter, an election |
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officer shall return the voter's documentation [registration
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certificate] to the voter. |
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(g) A voter shall be accepted for provisional voting only |
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under Section 63.011 if the requirement for identification |
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prescribed by Subsection (b) is not met. |
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SECTION 7. Effective January 1, 2012, Section 63.007, |
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Election Code, is amended to read as follows: |
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Sec. 63.007. VOTER WITH REQUIRED DOCUMENTATION [INCORRECT
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CERTIFICATE] WHO IS NOT ON LIST. (a) A voter who, when offering to |
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vote, presents the documentation required under Section 63.001(b) |
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[a voter registration certificate indicating that the voter is
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currently registered in a different precinct from the one in which
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the voter is offering to vote], and whose name is not on the |
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precinct list of registered voters, shall be accepted for voting if |
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the voter presents a voter registration certificate indicating that |
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the voter is currently registered: |
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(1) in the precinct in which the voter is offering to |
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vote; or |
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(2) in a different precinct from the one in which the |
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voter is offering to vote and the voter executes an affidavit |
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stating that the voter: |
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(A) [(1)] is a resident of the precinct in which |
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the voter is offering to vote or is otherwise entitled by law to |
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vote in that precinct; |
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(B) [(2)] was a resident of the precinct in which |
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the voter is offering to vote at the time that information on the |
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voter's residence address was last provided to the voter registrar; |
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(C) [(3)] did not deliberately provide false |
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information to secure registration in a precinct in which the voter |
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does not reside; and |
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(D) [(4)] is voting only once in the election. |
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(b) After the voter is accepted, an election officer shall: |
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(1) indicate beside the voter's name on the poll list |
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that the voter was accepted under this section; and |
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(2) enter on the registration omissions list the |
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precinct of the voter's registration as indicated by the voter's |
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registration certificate. |
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SECTION 8. Effective January 1, 2012, Section 63.009(a), |
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Election Code, is amended to read as follows: |
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(a) A [Except as provided by Subsection (b), a] voter who |
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does not present a voter registration certificate when offering to |
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vote, and whose name is not on the list of registered voters for the |
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precinct in which the voter is offering to vote, shall be accepted |
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for provisional voting if the voter executes an affidavit in |
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accordance with Section 63.011. |
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SECTION 9. Effective January 1, 2012, Section 63.0101, |
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Election Code, is amended to read as follows: |
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Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. |
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The following documentation is an acceptable form [as proof] of |
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photo identification under this chapter: |
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(1) a driver's license or personal identification card |
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issued to the person by the Department of Public Safety that has not |
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expired or that expired no earlier than one year before the date of |
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presentation [or a similar document issued to the person by an
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agency of another state, regardless of whether the license or card
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has expired]; |
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(2) a United States military identification card that |
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contains the person's photograph [form of identification
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containing the person's photograph that establishes the person's
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identity]; |
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(3) a [birth certificate or other document confirming
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birth that is admissible in a court of law and establishes the
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person's identity;
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[(4)] United States citizenship certificate [papers] |
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issued to the person that contains the person's photograph; |
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(4) [(5)] a United States passport issued to the |
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person; |
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(5) a license to carry a concealed handgun issued to |
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the person by the Department of Public Safety that contains the |
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person's photograph; |
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(6) a student identification card issued by a public |
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or private institution of higher education that contains the |
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person's photograph [official mail addressed to the person by name
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from a governmental entity]; or |
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(7) a valid identification card that contains the |
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person's photograph and is issued by: |
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(A) an agency or institution of the federal |
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government; |
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(B) an agency, institution, or political |
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subdivision of this state; or |
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(C) a tribal organization [copy of a current
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utility bill, bank statement, government check, paycheck, or other
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government document that shows the name and address of the voter; or
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[(8)
any other form of identification prescribed by
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the secretary of state]. |
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SECTION 10. Effective January 1, 2012, Sections 63.011(a) |
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and (b), Election Code, are amended to read as follows: |
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(a) A person to whom Section 63.001(g) [63.008(b)] or |
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63.009(a) applies may cast a provisional ballot if the person |
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executes an affidavit stating that the person: |
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(1) is a registered voter in the precinct in which the |
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person seeks to vote; and |
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(2) is eligible to vote in the election. |
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(b) A form for an affidavit required by this section must |
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[shall] be printed on an envelope in which the provisional ballot |
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voted by the person may be placed and must include a space for |
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entering the identification number of the provisional ballot voted |
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by the person and a space for an election officer to indicate |
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whether the person presented proof of identification as required by |
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Section 63.001(b). The affidavit form may include space for |
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disclosure of any necessary information to enable the person to |
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register to vote under Chapter 13. The secretary of state shall |
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prescribe the form of the affidavit under this section. |
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SECTION 11. Effective January 1, 2012, Section 65.054(b), |
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Election Code, is amended to read as follows: |
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(b) A provisional ballot 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; and |
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(2) the voter presents proof of identification as |
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required by Section 63.001(b): |
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(A) at the time the ballot was cast; or |
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(B) in the period prescribed under Section |
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65.0541. |
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SECTION 12. Effective January 1, 2012, Subchapter B, |
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Chapter 65, Election Code, is amended by adding Section 65.0541 to |
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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 under Section 63.011 because the voter does not present |
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proof of identification as required by Section 63.001(b) may, not |
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later than the seventh business day after the date of the election, |
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present proof of identification to the voter registrar for |
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examination by the early voting ballot board. |
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(b) The secretary of state shall prescribe procedures as |
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necessary to implement this section. |
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SECTION 13. Effective January 1, 2012, Section 521.422, |
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Transportation Code, is amended by amending Subsection (a) and |
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adding Subsection (d) to read as follows: |
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(a) Except as provided by Subsection (d), the [The] fee for |
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a personal identification certificate is: |
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(1) $15 for a person under 60 years of age; |
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(2) $5 for a person 60 years of age or older; and |
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(3) $20 for a person subject to the registration |
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requirements under Chapter 62, Code of Criminal Procedure. |
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(d) The department may not collect a fee for a personal |
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identification certificate issued to a person who: |
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(1) executes an affidavit stating that the person: |
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(A) is obtaining the personal identification |
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certificate for the purpose of satisfying Section 63.001(b), |
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Election Code; and |
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(B) does not have another form of photo |
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identification acceptable under Section 63.0101, Election Code; |
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and |
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(2) is: |
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(A) a registered voter in this state and presents |
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a valid voter registration certificate; or |
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(B) eligible for registration under Section |
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13.001, Election Code, and submits a registration application to |
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the department. |
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SECTION 14. Effective January 1, 2012, Sections 63.006, |
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63.008, and 63.009(b), Election Code, are repealed. |
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SECTION 15. As soon as practicable: |
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(1) the secretary of state shall adopt the training |
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standards and develop the training materials required to implement |
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the change in law made by this Act to Section 32.111, Election Code; |
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and |
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(2) the county clerk of each county shall provide a |
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session of training under Section 32.114, Election Code, as amended |
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by this Act, using the standards adopted and materials developed to |
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implement the change in law made by this Act to Section 32.111, |
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Election Code. |
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SECTION 16. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2011. |