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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 63.007, |
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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 63.007, Election Code, is amended to |
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read as follows: |
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Sec. 63.007. VOTER WITH INCORRECT CERTIFICATE OR WITHOUT |
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CERTIFICATE WHO IS NOT ON LIST. (a) A voter who, when offering to |
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vote, presents a voter registration certificate indicating that the |
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voter is currently registered in a different precinct in the same |
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county as the precinct [from the one] in which the voter is offering |
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to vote or does not present a voter registration certificate, and |
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whose name is not on the precinct list of registered voters, shall |
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be accepted for provisional voting if the voter executes an |
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affidavit stating that the voter: |
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(1) is a resident of the precinct in which the voter is |
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offering to vote or is otherwise entitled by law to vote in that |
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precinct; |
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(2) was a resident of the precinct in which the voter |
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is offering to vote at the time that information on the voter's |
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residence address was last provided to the voter registrar; |
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(3) did not deliberately provide false information to |
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secure registration in a precinct in which the voter does not |
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reside; and |
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(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) if applicable, enter beside the voter's name on the |
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poll [registration omissions] list the precinct of the voter's |
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registration and the voter's registration number as indicated by |
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the voter's registration certificate; |
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(3) indicate beside the voter's name on the poll list |
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that the voter was accepted for provisional voting under this |
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section; and |
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(4) 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 63.011(a), Election Code, is amended to |
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read as follows: |
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(a) A person to whom Section 63.008(b) [or 63.009(a)] |
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applies may cast a provisional ballot if the person executes an |
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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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SECTION 5. 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 63.007 or |
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63.011. |
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SECTION 6. 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 7. Sections 63.005 and 63.009, Election Code, are |
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repealed. |
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SECTION 8. This Act takes effect January 1, 2012. |