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A BILL TO BE ENTITLED
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AN ACT
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relating to registering to vote and voting while in custody at |
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certain county jails and related procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 43, Election Code, is |
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amended by adding Section 43.008 to read as follows: |
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Sec. 43.008. COUNTY JAIL AS POLLING PLACE. (a) The county |
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jail in a county with a population of 3.3 million or more shall |
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serve as a polling place for any election in that county. |
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(b) Only a resident of the county who is in custody at the |
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county jail and who has not been finally convicted of the offense |
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for which the resident is in custody is eligible to vote at a |
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polling place established under this section. |
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(c) A polling place established under this section must |
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allow a voter to vote in the same elections in which the voter would |
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be entitled to vote where the voter resides. |
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(d) A county jail serving as a polling place under this |
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section must provide a voter registration application to any person |
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in custody who requests an application and is eligible to vote at |
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the jail as provided by this section. |
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SECTION 2. Chapter 63, Election Code, is amended by adding |
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Section 63.0091 to read as follows: |
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Sec. 63.0091. REGISTRATION AT COUNTY JAIL POLLING PLACE; |
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VOTING PROCEDURES. (a) This section applies to the conduct of |
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voting and to the registration of voters notwithstanding and in |
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addition to other applicable provisions of this code. |
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(b) A person who would be eligible to vote in an election |
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under Section 11.001, but for the requirement to be a registered |
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voter, shall be accepted for voting at a county jail described by |
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Section 43.008 if, on the day the person offers to vote, the person: |
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(1) is in custody at the jail and has not been finally |
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convicted of the offense for which the person is in custody; |
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(2) submits a voter registration application that |
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complies with Section 13.002; and |
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(3) either: |
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(A) presents proof of identification in a form |
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described by Section 63.0101 that also establishes the person's |
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residence in the county where the county jail is located; or |
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(B) establishes the person's identification and |
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residence through records maintained by the county jail. |
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(c) Persons voting under this section shall be processed |
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separately at the polling place from persons who are voting under |
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regular procedures. |
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(d) The secretary of state shall prescribe the procedures |
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necessary to implement this section and to ensure the proper and |
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orderly conduct of elections. |
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SECTION 3. This Act takes effect September 1, 2021. |