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A BILL TO BE ENTITLED
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AN ACT
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relating to the facilitation of voting by persons confined in |
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certain jails. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 7, Election Code, is amended by |
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adding Chapter 108 to read as follows: |
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CHAPTER 108. ENFRANCHISEMENT OF PERSONS CONFINED IN COUNTY JAIL |
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Sec. 108.001. DEFINITION. In this chapter, "jail |
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administrator" means a sheriff or other person assigned to a |
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position overseeing a county jail. |
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Sec. 108.002. PLACEMENT OF SECURE VOTING BOX. (a) An early |
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voting clerk may request that one or more secure voting boxes be |
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placed in the county jail for the deposit of early voting ballots by |
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mail. |
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(b) A secure voting box may only be placed in the jail with |
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the consent of the jail administrator. |
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(c) A secure voting box that is placed in accordance with |
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this section must be placed in the jail not later than the 30th day |
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before election day. |
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(d) The secure voting boxes placed in accordance with this |
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section must be placed in one or more locations as necessary to |
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facilitate voting under this chapter without impediment by persons |
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confined in every building of a multiple-building jail. |
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Sec. 108.003. SECURITY OF SECURE VOTING BOX. (a) The jail |
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administrator shall ensure that a secure voting box placed in the |
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county jail is, at all times: |
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(1) locked to prevent tampering; and |
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(2) either: |
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(A) being guarded by an employee of the jail; or |
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(B) inside a locked room with no persons present. |
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(b) With the consent of the jail administrator, the early |
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voting clerk may collect ballots placed in a secure voting box |
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throughout the early voting period. This may include collecting |
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and replacing a secure voting box. |
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Sec. 108.004. VOTING BY PERSON CONFINED IN COUNTY JAIL. (a) |
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A person confined in a county jail who is a qualified voter and is in |
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possession of the person's early voting ballot to be voted by mail |
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may: |
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(1) mail the completed ballot; or |
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(2) place the ballot in a secure voting box placed in |
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the jail in accordance with this chapter. |
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(b) The jail administrator may: |
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(1) permit a person confined in jail to place the |
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person's ballot directly in the secure voting box; or |
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(2) require a person confined in jail to deliver the |
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completed ballot to an employee of the jail, who must then place the |
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ballot in the secure voting box. |
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(c) A person who places a ballot in the secure voting box on |
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behalf of the voter under Subsection (b)(2) is an assistant for |
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purposes of Section 86.0051(b), and Section 86.006(f) does not |
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apply to that person. |
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Sec. 108.005. DELIVERY OF SECURE VOTING BOX TO EARLY VOTING |
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CLERK. The jail administrator shall ensure that all ballots placed |
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in a secure voting box under this chapter have been delivered to the |
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registrar not later than the deadline described by Section |
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86.007(a)(2). |
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Sec. 108.006. PERSON CONFINED IN JAIL IN COUNTY OTHER THAN |
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COUNTY OF RESIDENCE. (a) A person who is confined in a jail that is |
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located in a county where the person does not reside may cast a |
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ballot by placing the ballot in a secure voting box under this |
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chapter. |
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(b) A ballot to which this section applies shall be |
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forwarded by the early voting clerk to the proper early voting clerk |
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as soon as practicable. |
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(c) A ballot forwarded under this section is considered |
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timely received by the proper early voting clerk if it is received |
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by the early voting clerk of the county where the jail is located |
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not later than the deadline described by Section 86.007(a)(2). |
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SECTION 2. Chapter 108, Election Code, as added by this Act, |
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applies only to an election ordered on or after the effective date |
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of this Act. An election ordered before the effective date of this |
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Act is governed by the law in effect when the election was ordered, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |