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A BILL TO BE ENTITLED
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AN ACT
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relating to the acceptance of a voter at a polling place; creating |
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an offense; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 63.001, Election Code, is amended by |
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amending Subsection (g) and adding Subsection (i) to read as |
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follows: |
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(g) If the requirements for identification prescribed by |
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Subsection (b) are not met or the documentation presented by a voter |
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under Subsection (b) is not documentation listed under Section |
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63.0101 containing the voter's photograph, the voter may be |
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accepted for provisional voting only under Section 63.011. For a |
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voter who is not accepted for voting under this section, an election |
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officer [shall]: |
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(1) shall inform the voter of the voter's right to cast |
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a provisional ballot under Section 63.011; [and] |
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(2) shall provide the voter with written information, |
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in a form prescribed by the secretary of state, that: |
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(A) lists the requirements for identification; |
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(B) states the procedure for presenting |
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identification under Section 65.0541; |
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(C) includes a map showing the location where |
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identification must be presented; and |
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(D) includes notice that if all procedures are |
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followed and the voter is found to be eligible to vote and is voting |
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in the correct precinct, the voter's provisional ballot will be |
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accepted; and |
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(3) may, according to the policy of the county in which |
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the election officer serves, photograph the entire face of the |
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voter using secure equipment and software provided by the county |
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election board. |
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(i) A photograph of a voter obtained under Subsection (g)(3) |
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may not be used for the purposes of accepting a voter under |
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Subsection (b). |
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SECTION 2. Section 63.006(b), Election Code, is amended to |
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read as follows: |
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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)
enter the voter's name on the registration
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omissions list]. |
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SECTION 3. Section 63.012, Election Code, is amended to |
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read as follows: |
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Sec. 63.012. UNLAWFULLY ACCEPTING OR REFUSING TO ACCEPT |
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VOTER. (a) An election officer commits an offense if the officer |
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knowingly: |
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(1) permits an ineligible voter to vote other than as |
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provided by Section 63.011; [or] |
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(2) refuses to accept a person for voting whose |
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acceptance is required by this code; or |
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(3) permits an ineligible person to vote under Section |
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63.006. |
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(b) Except as provided by Subsection (c), an [An] offense |
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under this section is a Class A [B] misdemeanor. |
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(c) If it is shown on the trial of an offense under |
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Subsection (a)(3) that the election officer has committed three or |
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more offenses under Subsection (a)(3), the offense is a state jail |
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felony. |
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SECTION 4. The change in law made by this Act to Section |
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63.012, Election Code, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect at |
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the time of the offense, and the former law is continued in effect |
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for that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2017. |