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A BILL TO BE ENTITLED
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AN ACT
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relating to the permanent authority of certain voters to vote early |
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by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 82, Election Code, is amended by adding |
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Section 82.006 to read as follows: |
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Sec. 82.006. ELIGIBILITY FOR PERMANENT MAIL VOTER |
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STATUS. A qualified voter is eligible for permanent mail voter |
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status if: |
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(1) the voter: |
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(A) is 65 years of age or older on election day; |
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or |
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(B) has a sickness or physical condition that: |
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(i) prevents the voter from appearing at |
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the polling place on election day without a likelihood of needing |
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personal assistance or of injuring the voter's health; and |
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(ii) is likely to exist with the severity |
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required under Subparagraph (i) for the voter's lifetime; and |
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(2) the voter's name is not on the suspense list. |
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SECTION 2. Chapter 84, Election Code, is amended by adding |
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Subchapter C to read as follows: |
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SUBCHAPTER C. APPLICATION FOR PERMANENT MAIL VOTER STATUS |
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Sec. 84.101. FORM AND CONTENTS OF APPLICATION. (a) An |
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application for a ballot to be voted under this subchapter must: |
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(1) be in the form of an affidavit; and |
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(2) include, in addition to the information required |
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by the applicable provisions of Section 84.002: |
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(A) a statement that the voter seeks permanent |
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mail voter status; |
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(B) a statement of whether the voter intends to |
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vote in a political party's primary and, if applicable, which |
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party's primary; and |
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(C) an indication of the ground of eligibility |
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for permanent mail voter status. |
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(b) The official form of the application must include a |
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notice stating that if a voter desires to change the political party |
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affiliation given in Subsection (a)(2)(B), the voter must submit a |
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new application to the early voting clerk. |
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Sec. 84.102. SUBMITTING APPLICATION. An application |
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indicating that the voter seeks to acquire permanent mail voter |
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status is considered submitted for the first election following the |
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date the application is submitted. A voter may not attain permanent |
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mail voter status unless the voter timely submits the application |
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for that election as provided by Subchapter A. |
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Sec. 84.103. ACTION BY EARLY VOTING CLERK. (a) If a |
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qualified voter eligible for permanent mail voter status submits an |
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application under Section 84.101 stating a valid ground of |
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eligibility, the early voting clerk receiving the application |
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shall: |
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(1) place the voter's name on a list of permanent mail |
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voters; and |
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(2) notify the early voting clerks serving every |
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authority that orders elections in the clerk's jurisdiction of the |
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voter's permanent mail voter status. |
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(b) If the early voting clerk serving an authority receives |
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an application under Section 84.101 stating a valid ground of |
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eligibility, or is notified of the receipt of such an application by |
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another early voting clerk, the early voting clerk and the clerk's |
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successors shall provide a ballot to be voted by mail to the voter |
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as required by this code for each election ordered by the authority. |
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(c) An early voting clerk may not provide a ballot under |
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Subsection (b) to a voter whose name appears on the suspense list. |
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Sec. 84.104. CANCELLATION. (a) A voter having permanent |
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mail voter status may cancel an application for a ballot to be voted |
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by mail at any time. The cancellation is effective for an election |
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for which the voter timely cancels the application as provided by |
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Section 84.032, and all subsequent elections. A voter who has |
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canceled the voter's application under this subsection may apply |
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for permanent mail voter status for a subsequent election. |
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(b) Following cancellation under Subsection (a), the early |
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voting clerk shall notify the early voting clerks serving every |
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authority that orders elections in the clerk's jurisdiction of the |
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cancellation. |
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Sec. 84.105. ADDITIONAL PROCEDURES. The secretary of state |
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shall prescribe any additional procedures necessary to implement |
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this subchapter. |
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SECTION 3. (a) The secretary of state shall prescribe any |
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procedures under Section 84.105, Election Code, as added by this |
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Act, not later than January 1, 2014. |
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(b) The changes in law made by this Act apply only to an |
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election for which an application for a ballot to be voted by mail |
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may not be submitted before January 1, 2014. |
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SECTION 4. This Act takes effect September 1, 2013. |