82R7682 ATP-F

By: S. Davis of Harris H.B. No. 2875

A BILL TO BE ENTITLED

AN ACT

relating to election practices and procedures pertaining to voters not included on the poll list.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 15.022(a), Election Code, is amended to read as follows:

(a) The registrar shall make the appropriate corrections in the registration records, including, if necessary, deleting a voter's name from the suspense list:

(1) after receipt of a notice of a change in registration information under Section 15.021;

(2) after receipt of a voter's reply to a notice of investigation given under Section 16.033;

(3) after receipt of a copy of the poll [registration omissions] list and any affidavits executed under Section 63.007, following an election;

(4) after receipt of a voter's statement of residence executed under Section 63.0011;

(5) before the effective date of the abolishment of a county election precinct or a change in its boundary;

(6) after receipt of United States Postal Service information indicating an address reclassification;

(7) after receipt of a voter's response under Section 15.053; or

(8) after receipt of a registration application or change of address under Chapter 20.

SECTION 2. Section 63.003(b), Election Code, is amended to read as follows:

(b) The poll list shall be maintained as an original and three [two] copies.

SECTION 3. Section 63.007, Election Code, is amended to read as follows:

Sec. 63.007. VOTER WITH INCORRECT CERTIFICATE OR WITHOUT CERTIFICATE WHO IS NOT ON LIST. (a) A voter who, when offering to vote, presents a voter registration certificate indicating that the voter is currently registered in a different precinct in the same county as the precinct [from the one] in which the voter is offering to vote or does not present a voter registration certificate, and whose name is not on the precinct list of registered voters, shall be accepted for provisional voting if the voter executes an affidavit stating that the voter:

(1) is a resident of the precinct in which the voter is offering to vote or is otherwise entitled by law to vote in that precinct;

(2) was a resident of the precinct in which the voter is offering to vote at the time that information on the voter's residence address was last provided to the voter registrar;

(3) did not deliberately provide false information to secure registration in a precinct in which the voter does not reside; and

(4) is voting only once in the election.

(b) After the voter is accepted, an election officer shall:

(1) indicate beside the voter's name on the poll list that the voter was accepted under this section; [and]

(2) if applicable, enter beside the voter's name on the poll [registration omissions] list the precinct of the voter's registration and the voter's registration number as indicated by the voter's registration certificate;

(3) indicate beside the voter's name on the poll list that the voter was accepted for provisional voting under this section; and

(4) enter the voter's address beside the voter's name on the poll list.

SECTION 4. Section 63.011(a), Election Code, is amended to read as follows:

(a) A person to whom Section 63.008(b) [or 63.009(a)] applies may cast a provisional ballot if the person executes an affidavit stating that the person:

(1) is a registered voter in the precinct in which the person seeks to vote; and

(2) is eligible to vote in the election.

SECTION 5. Section 66.0241, Election Code, is amended to read as follows:

Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4 must contain:

(1) the precinct list of registered voters;

(2) the registration correction list;

(3) a copy of the poll list [the registration omissions list];

(4) any statements of residence executed under Section 63.0011; and

(5) any affidavits executed under Section 63.007 or 63.011.

SECTION 6. Section 85.031(b), Election Code, is amended to read as follows:

(b) On accepting a voter, the clerk shall indicate beside the voter's name on the list of registered voters [or registration omissions list, as applicable,] that the voter is accepted to vote by personal appearance unless the form of the [either] list makes it impracticable to do so, and the clerk shall enter the voter's name on the poll list.

SECTION 7. Sections 63.005 and 63.009, Election Code, are repealed.

SECTION 8. This Act takes effect January 1, 2012.