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A BILL TO BE ENTITLED
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AN ACT
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relating to election practices and procedures pertaining to voters |
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not included on the poll list. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.022(a), Election Code, is amended to |
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read as follows: |
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(a) The registrar shall make the appropriate corrections in |
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the registration records, including, if necessary, deleting a |
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voter's name from the suspense list: |
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(1) after receipt of a notice of a change in |
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registration information under Section 15.021; |
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(2) after receipt of a voter's reply to a notice of |
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investigation given under Section 16.033; |
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(3) after receipt of a copy of the poll [registration
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omissions] list and any affidavits executed under Section 63.006 |
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[63.007], following an election; |
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(4) after receipt of a voter's statement of residence |
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executed under Section 63.0011; |
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(5) before the effective date of the abolishment of a |
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county election precinct or a change in its boundary; |
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(6) after receipt of United States Postal Service |
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information indicating an address reclassification; |
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(7) after receipt of a voter's response under Section |
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15.053; or |
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(8) after receipt of a registration application or |
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change of address under Chapter 20. |
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SECTION 2. Section 63.003(b), Election Code, is amended to |
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read as follows: |
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(b) The poll list shall be maintained as an original and |
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three [two] copies. |
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SECTION 3. Section 63.006, Election Code, is amended to |
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read as follows: |
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Sec. 63.006. VOTER WITH REQUIRED DOCUMENTATION [CORRECT
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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 the precinct in which the voter is offering
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to vote,] but whose name is not on the precinct list of registered |
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voters[,] shall be accepted for voting if the voter presents a voter |
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registration certificate indicating that the voter is currently |
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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 in the same county as the |
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precinct in which the voter is offering to vote and the voter |
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executes an affidavit stating that the voter: |
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(A) is a resident of the precinct in which the |
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voter is offering to vote or is otherwise entitled by law to vote in |
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that precinct; |
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(B) was a resident of the precinct in which the |
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voter is offering to vote at the time the information on the voter's |
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residence address was last provided to the voter registrar; |
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(C) 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) 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; |
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(2) enter beside the voter's name on the poll list the |
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precinct of the voter's registration and the voter's registration |
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number as indicated by the voter's registration certificate; and |
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(3) enter the voter's address beside the voter's name |
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on the poll list. |
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SECTION 4. Section 63.009, Election Code, is amended to |
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read as follows: |
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Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST. |
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A [(a) Except as provided by Subsection (b), a] voter who does not |
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present a voter registration certificate when offering to vote, and |
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whose name is not on the list of registered voters for the precinct |
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in which the voter is offering to vote, shall be accepted for |
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provisional voting if the voter executes an affidavit in accordance |
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with Section 63.011. |
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[(b)
If an election officer can determine from the voter
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registrar that the person is a registered voter of the county and
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the person presents proof of identification, the affidavits
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required by Sections 63.007 and 63.008 are substituted for the
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affidavit required by Section 63.011 in complying with that
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section.
After the voter is accepted under this subsection, an
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election officer shall also indicate beside the voter's name on the
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poll list that the voter was accepted under this section.] |
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SECTION 5. Section 63.011, Election Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) A person to whom Section 63.001(g) [63.008(b)] or 63.009 |
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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: |
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(1) a space for entering the identification number of |
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the provisional ballot voted by the person; and |
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(2) a space for an election officer to indicate |
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whether the person presented a form of identification described by |
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Section 63.0101. |
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(b-1) The affidavit form may include space for disclosure of |
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any necessary information to enable the person to register to vote |
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under Chapter 13. The secretary of state shall prescribe the form |
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of the affidavit under this section. |
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SECTION 6. Section 66.0241, Election Code, is amended to |
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read as follows: |
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Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4 |
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must contain: |
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(1) the precinct list of registered voters; |
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(2) the registration correction list; |
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(3) a copy of the poll list [the registration
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omissions list]; |
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(4) any statements of residence executed under Section |
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63.0011; and |
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(5) any affidavits executed under Section 63.006 |
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[63.007] or 63.011. |
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SECTION 7. Section 85.031(b), Election Code, is amended to |
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read as follows: |
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(b) On accepting a voter, the clerk shall indicate beside |
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the voter's name on the list of registered voters [or registration
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omissions list, as applicable,] that the voter is accepted to vote |
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by personal appearance unless the form of the [either] list makes it |
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impracticable to do so, and the clerk shall enter the voter's name |
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on the poll list. |
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SECTION 8. Sections 63.005, 63.007, and 63.008, Election |
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Code, are repealed. |
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SECTION 9. This Act takes effect January 1, 2012. |