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A BILL TO BE ENTITLED
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AN ACT
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relating to the hours for voting during the early voting period. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 85.005, Election Code, is amended to |
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read as follows: |
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Sec. 85.005. REGULAR DAYS AND HOURS FOR VOTING. (a) Except |
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as provided by Subsection (c), in an election in which a county |
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clerk or city secretary is the early voting clerk under Section |
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83.002 or 83.005, early voting by personal appearance at the main |
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early voting polling place shall be conducted on the weekdays of the |
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early voting period and during the hours that the county clerk's or |
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city secretary's main business office is regularly open for |
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business, except that voting may not be conducted earlier than 7 |
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a.m. or later than 7 p.m.[.] |
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(b) In an election to which Subsection (a) does not apply, |
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early voting by personal appearance at the main early voting |
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polling place shall be conducted at least eight hours each weekday |
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of the early voting period that is not a legal state holiday unless |
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the territory covered by the election has fewer than 1,000 |
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registered voters. In that case, the voting shall be conducted at |
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least three hours each day. The authority ordering the election, or |
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the county clerk if that person is the early voting clerk, shall |
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determine which hours the voting is to be conducted except that |
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voting may not be conducted earlier than 7 a.m. or later than 7 |
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p.m.[.] |
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(c) In a county with a population of 100,000 or more, the |
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voting in a primary election or the general election for state and |
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county officers shall be conducted at the main early voting polling |
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place for [at least] 12 hours on each weekday of the last week of the |
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early voting period, and the voting in a special election ordered by |
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the governor shall be conducted at the main early voting polling |
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place for [at least] 12 hours on each of the last two days of the |
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early voting period. Voting shall be conducted in accordance with |
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this subsection in those elections in a county with a population |
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under 100,000 on receipt by the early voting clerk of a written |
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request for the extended hours submitted by at least 15 registered |
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voters of the county. The request must be submitted in time to |
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enable compliance with Section 85.067. |
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(d) In an election ordered by a city, early voting by |
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personal appearance at the main early voting polling place shall be |
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conducted for [at least] 12 hours: |
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(1) on one weekday, if the early voting period |
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consists of less than six weekdays; or |
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(2) on two weekdays, if the early voting period |
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consists of six or more weekdays. |
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SECTION 2. Sections 85.006(c) and (e), Election Code, are |
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amended to read as follows: |
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(c) The authority ordering voting on a Saturday or Sunday |
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shall determine the hours during which voting is to be conducted |
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except that voting may not be conducted earlier than 7 a.m. or later |
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than 7 p.m.[.] |
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(e) In a primary election or the general election for state |
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and county officers in a county with a population of 100,000 or |
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more, the early voting clerk shall order personal appearance voting |
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at the main early voting polling place to be conducted for [at |
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least] 12 hours on the last Saturday and for at least five hours on |
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the last Sunday of the early voting period. The early voting clerk |
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shall order voting to be conducted at those times in those elections |
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in a county with a population under 100,000 on receipt of a written |
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request for those hours submitted by at least 15 registered voters |
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of the county. The request must be submitted in time to enable |
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compliance with Section 85.007. This subsection supersedes any |
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provision of this subchapter to the extent of any conflict. |
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SECTION 3. Section 85.010(c), Election Code, is amended to |
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read as follows: |
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(c) A shared polling place established under Subsection (b) |
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that is designated as a main early voting polling place by any |
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political subdivision: |
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(1) must be open for voting for all political |
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subdivisions the polling place serves for at least the days and |
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hours required of a main early voting polling place under Section |
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85.002 for the political subdivision making the designation; and |
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(2) may not be open for voting earlier than 7 a.m. or |
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later than 7 p.m.[.] |
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SECTION 4. Section 85.064, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Early voting by personal appearance at a temporary |
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branch polling place may not be conducted earlier than 7 a.m. or |
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later than 7 p.m. |
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SECTION 5. This Act takes effect September 1, 2021. |