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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements pertaining to a ballot to be voted by |
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mail and materials accompanying the official carrier envelope. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 86.013(c), (d), and (g), Election Code, |
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are amended to read as follows: |
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(c) A certificate in substantially the following form must |
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be printed on the reverse side of the official carrier envelope in a |
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manner that requires the voter to sign across the flap of the |
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envelope: |
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"I certify that the enclosed ballot expresses my wishes |
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independent of any dictation or undue persuasion by any person. |
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________________________________ |
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Signature of voter |
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By: ____________________________ |
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Signature of person assisting |
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voter, if applicable (see Ballot |
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Envelope and separate sheet |
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accompanying Carrier Envelope for |
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restrictions and penalties) |
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________________________________ |
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Printed name of person assisting |
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voter, if applicable |
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________________________________ |
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Residence address of person |
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assisting voter, if applicable" |
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The space provided for the voter's signature must be located in a |
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box that is at least one inch by three inches, and "Signature of |
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Voter" and "Sign Over the Sealed Flap" must be printed in bold type. |
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(d) The following textual material, as prescribed by the |
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secretary of state, must be printed [on the reverse side of the
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official carrier envelope or] on a separate sheet accompanying the |
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carrier envelope [when it is provided]: |
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(1) the prohibition prescribed by Section 86.006(b); |
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(2) the conditions for delivery by common or contract |
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carrier prescribed by Sections 81.005 and 86.006; |
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(3) the requirements for the legal execution and |
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delivery of the carrier envelope, including the prohibition on |
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compensation for depositing carrier envelopes containing ballots |
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voted by other persons under Section 86.0052; |
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(4) the prohibition prescribed by Section 86.006(e); |
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and |
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(5) the offenses prescribed by Sections 86.006(f) and |
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86.010(f). |
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(g) The secretary of state by rule shall require that a |
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notice informing voters of the telephone number established under |
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Section 31.0055 and the purpose of the telephone number be printed |
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on[:
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[(1) the official carrier envelope; or
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[(2)] an insert enclosed with the balloting materials |
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for voting by mail sent to the voter. |
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SECTION 2. Section 87.041, Election Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) The board may not reject a ballot solely on the grounds |
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that a signature on the carrier envelope certificate is not located |
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entirely in the space provided for the signature. |
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SECTION 3. The changes in law made by this Act apply only to |
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an election ordered on or after the effective date of this Act. An |
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election ordered before the effective date of this Act is governed |
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by the law in effect when the election was ordered, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |