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A BILL TO BE ENTITLED
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AN ACT
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relating to election practices and procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.094, Election Code, is amended by |
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amending Subsections (a) and (e) and adding Subsection (f) to read |
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as follows: |
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(a) After each election, each presiding judge serving in the |
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election shall prepare and sign[,] in duplicate, or electronically |
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submit, a statement containing the following information: |
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(1) the name and address of the presiding judge and |
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each clerk who served under the judge; |
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(2) the number of hours that each election officer |
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worked at the polling place or at another location under Section |
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62.014(c), excluding time for which payment may not be made; and |
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(3) the name of the election officer who delivered the |
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election records, keys, and unused supplies, and, if more than one |
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officer, the name of and the amount of compensation allocated to |
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each officer. |
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(e) The original compensation statement shall be used for |
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making payment for the services. The general custodian of election |
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records shall preserve the duplicate or electronic file for the |
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period for preserving the precinct election records. If the |
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presiding judge delivers the statement to an authority other than |
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the general custodian of election records, the authority receiving |
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the statement shall deliver the duplicate or electronic file to the |
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general custodian not later than the third day after the date of its |
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receipt. |
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(f) The secretary of state, or a county, may develop and |
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implement an electronic system for a presiding judge to submit the |
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information required under this section to the appropriate |
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authority. The secretary of state may prescribe rules regarding |
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the development and implementation of a system under this |
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subsection to ensure compatibility with any other system developed |
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and implemented under this section. |
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SECTION 2. Section 63.0011, Election Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) The statement under Subsection (c) may be executed |
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electronically on a device provided to the voter. |
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SECTION 3. Section 63.011, Election Code, is amended by |
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amending Subsections (a-1), (b), and (b-1) and adding Subsections |
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(b-2) and (f) 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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(b) A form for an affidavit required by this section must be |
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in a form prescribed by the secretary of state that includes |
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[printed on an envelope in which the provisional ballot voted by the |
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person may be placed and must include]: |
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(1) a space for entering the identification number of |
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the provisional ballot voted by the person; [and] |
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(2) a space for an election officer to indicate |
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whether the person presented a form of identification described by |
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Section 63.0101; and |
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(3) a space for the person to indicate the reason for |
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casting a provisional ballot by choosing from a standardized list. |
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(b-1) The affidavit form shall [may] include space for |
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disclosure of any necessary information to enable the person to |
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register to vote under Chapter 13. Any update to a voter's |
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registration information provided by the voter under this section |
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is immediately effective [The secretary of state shall prescribe |
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the form of the affidavit under this section]. |
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(b-2) A form for an affidavit required by this section must |
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provide for the affidavit to be associated with the envelope in |
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which the provisional ballot voted by a person is placed while |
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allowing a voter to cast a secret ballot. |
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(f) A county may use an electronic affidavit, in a form |
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prescribed by the secretary of state, for a provisional ballot |
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under this section. Data collected via the electronic affidavit |
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shall be retained in a single statewide database maintained by the |
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secretary of state. |
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SECTION 4. Section 84.032, Election Code, is amended by |
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amending Subsection (b) and adding Subsections (d-1), (d-2), and |
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(e-1) to 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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(e-1) An applicant may submit a request for cancellation to |
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a deputy early voting clerk at a branch early voting polling place |
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or a presiding judge on election day at the applicant's precinct |
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polling place if: |
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(1) the applicant submits a written request, signed by |
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the applicant, that specifies the election for which the |
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cancellation request is made; and |
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(2) the deputy early voting clerk or presiding judge |
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has received confirmation that the voter's marked ballot has not |
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been received by the early voting clerk. |
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SECTION 5. 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 6. This Act takes effect September 1, 2021. |