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A BILL TO BE ENTITLED
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AN ACT
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relating to the cancellation of a ballot to be voted early by mail |
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by voting by personal appearance at a polling place that uses an |
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electronic signature roster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 63.011(a-1), Election Code, is amended |
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to read as follows: |
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(a-1) Except as provided by Section 84.032(d-2), a [A] |
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person to whom the early voting clerk was required to provide an |
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early voting ballot by mail under Section 86.001 and who did not |
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vote early by mail may cast a provisional ballot on election day if |
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the person executes an affidavit stating that the person: |
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(1) is a registered voter in the precinct in which the |
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person seeks to vote; and |
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(2) did not vote early by mail. |
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SECTION 2. Section 84.032, Election Code, is amended by |
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amending Subsection (b) and adding Subsections (d-1) and (d-2) to |
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read as follows: |
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(b) A request must: |
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(1) be in writing and signed by the applicant; |
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(2) specify the election for which the application was |
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made; and |
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(3) except as provided by Subsection (c), (d), (d-1), |
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or (e), be received by the early voting clerk: |
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(A) not later than the third day before election |
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day; and |
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(B) if an early voting ballot sent to the |
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applicant is returned to the clerk as a marked ballot, before the |
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marked ballot's arrival at the address on the carrier envelope. |
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(d-1) An applicant may also submit a request by voting early |
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by personal appearance or by appearing in person to vote on election |
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day if: |
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(1) the polling place at which the applicant seeks to |
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vote by personal appearance uses a signature roster in the form of |
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an electronic device that: |
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(A) is capable of accurately indicating whether |
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the applicant has returned a ballot to be voted by mail; and |
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(B) provides information to the early voting |
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clerk to ensure that any ballot canceled under this subsection and |
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subsequently received will not be counted; and |
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(2) the early voting clerk, deputy early voting clerk, |
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or presiding election judge, as applicable, determines from the |
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signature roster that the applicant has not returned the |
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applicant's ballot to be voted by mail. |
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(d-2) A person who cancels an application for a ballot to be |
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voted early by mail under Subsection (d-1) and is accepted for |
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voting is not required to vote a provisional ballot under Section |
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63.011(a-1). |
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SECTION 3. Section 84.038, Election Code, is amended to |
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read as follows: |
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Sec. 84.038. CANCELLATION EFFECTIVE FOR SINGLE ELECTION. |
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The cancellation of an application for a ballot to be voted by mail |
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under Section 84.032(c), (d), (d-1), or (e) is effective for a |
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single ballot only and does not cancel the application with respect |
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to a subsequent election, including a subsequent election to which |
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the same application applies under Section 84.001(e) or 86.0015(b). |
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SECTION 4. This Act takes effect September 1, 2019. |