87S20231 MCK-D
 
  By: Martinez H.B. No. 169
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the acceptance of a provisional ballot after a natural
  disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 65.054(b), Election Code, is amended to
  read as follows:
         (b)  A provisional ballot shall be accepted if the board
  determines that:
               (1)  from the information in the affidavit or contained
  in public records, the person is eligible to vote in the election
  and has not previously voted in that election;
               (2)  the person:
                     (A)  meets the identification requirements of
  Section 63.001(b) at the time the ballot was cast or in the period
  prescribed under Section 65.0541;
                     (B)  notwithstanding Chapter 110, Civil Practice
  and Remedies Code, executes an affidavit under penalty of perjury
  that states the voter has a religious objection to being
  photographed and the voter has consistently refused to be
  photographed for any governmental purpose from the time the voter
  has held this belief; or
                     (C)  executes an affidavit under penalty of
  perjury that states the voter does not have any identification
  meeting the requirements of Section 63.001(b) as a result of a
  natural disaster that was declared by the president of the United
  States or the governor, occurred not earlier than the 60th day [45
  days] before the date the ballot was cast, and caused the
  destruction of or inability to access the voter's identification;
  and
               (3)  the voter has not been challenged and voted a
  provisional ballot solely because the voter did not meet the
  requirements for identification prescribed by Section 63.001(b).
         SECTION 2.  This Act takes effect on the 91st day after the
  last day of the legislative session.