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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for a person who has recently moved to |
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vote in the precinct of the person's former or current residence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 63.0011, Election Code, is amended by |
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amending Subsection (a) and adding Subsections (b-1), (b-2), and |
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(b-3) to read as follows: |
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(a) Before a voter may be accepted for voting, an election |
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officer shall ask the voter if the voter's residence address on the |
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precinct list of registered voters is current and whether the voter |
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has changed residence [within the county]. If the voter's address |
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is omitted from the precinct list under Section 18.005(c), the |
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officer shall ask the voter if the voter's residence, if listed, on |
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identification presented by the voter under Section 63.001(b) is |
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current and whether the voter has changed residence [within the
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county]. |
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(b-1) If the voter's address is not current because the |
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voter has changed residence to a different county within 30 days of |
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the date of the election, the voter may vote, if otherwise eligible, |
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in the election precinct in which the voter is registered. |
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(b-2) In a joint election held in accordance with Chapter |
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271, if the voter's address is not current because the voter has |
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changed residence within the county, the voter may vote, if |
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otherwise eligible, in the election precinct in which the voter is |
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registered. A voter eligible under this subsection shall receive a |
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joint election ballot according to the voter's registered residence |
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address, notwithstanding Section 11.001(a)(2) or any other |
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provision of this code. |
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(b-3) The secretary of state shall adopt rules to ensure |
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that a voter's pending registration is not canceled due to a vote |
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cast by the voter voting under Subsection (b-1) or (b-2) in the |
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precinct in which the voter is registered. |
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SECTION 2. Section 112.002, Election Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (d-1) to |
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read as follows: |
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(a) After changing residence to another county, a person is |
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eligible to vote a limited ballot by personal appearance during the |
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early voting period, on election day, or by mail if: |
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(1) the person would have been eligible to vote in the |
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county of former residence on election day if still residing in that |
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county; |
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(2) the person is registered to vote in the county of |
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former residence at the time the person: |
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(A) offers to vote in the county of new |
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residence; or |
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(B) submitted a voter registration application |
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in the county of new residence; [and] |
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(3) a voter registration for the person in the county |
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of new residence is not effective on or before election day; and |
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(4) for a person voting on election day, the person |
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changed residence to the county not more than 30 days before |
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election day. |
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(d) A statement executed under Subsection (c) shall be |
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submitted: |
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(1) to an election officer at the main early voting |
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polling place, if the person is voting by personal appearance; [or] |
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(2) with the affidavit required under Subsection |
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(d-1), to a person designated by the early voting clerk at the |
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location used for the main early voting polling place, if the person |
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is voting on election day; or |
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(3) with the person's application for a ballot to be |
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voted by mail, if the person is voting by mail. |
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(d-1) A person voting on election day under this section |
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shall: |
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(1) execute an affidavit affirming that the person |
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changed residence to the county not more than 30 days before |
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election day; and |
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(2) submit the affidavit together with the statement |
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submitted by the person under Subsection (d). |
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SECTION 3. Section 112.004, Election Code, is amended to |
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read as follows: |
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Sec. 112.004. OFFICES AND MEASURES ON WHICH VOTER ENTITLED |
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TO VOTE. A person voting a limited ballot is entitled to vote only |
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on: |
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(1) each office and proposition stating a measure to |
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be voted on statewide; and |
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(2) if the person is not voting on election day, each |
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office and proposition stating a measure to be voted on in a |
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territorial unit of which the person was a resident both before |
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changing county of residence and after the change. |
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SECTION 4. Section 112.006, Election Code, is amended to |
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read as follows: |
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Sec. 112.006. PLACE FOR VOTING BY PERSONAL APPEARANCE OR ON |
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ELECTION DAY. A person may vote a limited ballot by personal |
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appearance only at the main early voting polling place. A person |
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may vote a limited ballot on election day only at the location of |
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the main early voting polling place. |
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SECTION 5. Section 112.010(a), Election Code, is amended to |
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read as follows: |
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(a) If early voting by personal appearance is conducted by |
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voting machine, the early voting clerk may conduct the personal |
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appearance voting of limited ballots by using official ballots for |
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early voting by mail. The early voting clerk may conduct voting of |
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limited ballots on election day at the location of the main early |
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voting polling place by using official ballots for early voting by |
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mail. |
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SECTION 6. This Act takes effect September 1, 2013. |