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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a voter to present proof of identification. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.002(i), Election Code, is amended to |
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read as follows: |
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(i) An applicant who wishes to receive an exemption from the |
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requirements of Section 63.001(b) on the basis of disability must |
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include with the person's application: |
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(1) written documentation: |
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(A) from the United States Social Security |
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Administration evidencing the applicant has been determined to have |
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a disability; or |
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(B) from the United States Department of Veterans |
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Affairs evidencing the applicant has a disability rating of at |
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least 50 percent; and |
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(2) a statement in a form prescribed by the secretary |
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of state that the applicant does not have [a form of] identification |
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required by Section 63.001(b) in a form described by [acceptable |
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under] Section 63.0101. |
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SECTION 2. Sections 63.001(b) and (i), Election Code, are |
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amended to read as follows: |
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(b) Except as provided by Subsection (h), on offering to |
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vote, a voter must present to an election officer at the polling |
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place: |
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(1) one form of photo identification listed in Section |
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63.0101(a); [or] |
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(2) one form of identification listed in Section |
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63.0101(b)(1), (2), or (3) accompanied by the declaration described |
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by Subsection (i); |
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(3) two forms of identification listed under Section |
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63.0101(b), including one form that contains the voter's current |
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address; or |
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(4) two forms of identification listed under Section |
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63.0101(b)(4) accompanied by the declaration described by |
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Subsection (i) of this section. |
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(i) If the requirement for identification prescribed by |
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Subsection (b)(1) or (3) is not met, an election officer shall |
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notify the voter that the voter may be accepted for voting if the |
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voter meets the requirement for identification prescribed by |
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Subsection (b)(2) or (4) and executes a declaration declaring the |
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voter has a reasonable impediment to meeting the requirement for |
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identification prescribed by Subsection (b)(1) or (3). A person is |
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subject to prosecution for perjury under Chapter 37, Penal Code, or |
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Section 63.0013 for a false statement or false information on the |
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declaration. The secretary of state shall prescribe the form of the |
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declaration. The form shall include: |
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(1) a notice that a person is subject to prosecution |
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for perjury under Chapter 37, Penal Code, or Section 63.0013 for a |
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false statement or false information on the declaration; |
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(2) a statement that the voter swears or affirms that |
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the information contained in the declaration is true, that the |
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person described in the declaration is the same person appearing at |
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the polling place to sign the declaration, and that the voter faces |
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a reasonable impediment to procuring the identification prescribed |
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by Subsection (b)(1) or (3); |
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(3) a place for the voter to indicate one of the |
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following impediments: |
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(A) lack of transportation; |
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(B) lack of birth certificate or other documents |
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needed to obtain the identification prescribed by Subsection |
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(b)(1); |
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(C) work schedule; |
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(D) lost or stolen identification; |
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(E) disability or illness; |
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(F) family responsibilities; and |
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(G) the identification prescribed by Subsection |
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(b)(1) or (3) has been applied for but not received; |
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(4) a place for the voter to sign and date the |
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declaration; |
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(5) a place for the election judge to sign and date the |
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declaration; |
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(6) a place to note the polling place at which the |
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declaration is signed; and |
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(7) a place for the election judge to note which form |
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of identification prescribed by Subsection (b)(2) or (4) the voter |
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presented. |
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SECTION 3. Sections 63.0101(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) The following documentation is an acceptable form of |
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photo identification under this chapter: |
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(1) a driver's license, election identification |
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certificate, or personal identification card issued to the voter |
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[person] by the Department of Public Safety that has not expired or |
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that expired no earlier than four years before the date of |
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presentation; |
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(2) a United States military identification card that |
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contains the voter's [person's] photograph that has not expired or |
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that expired no earlier than four years before the date of |
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presentation; |
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(3) a United States citizenship certificate issued to |
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the voter [person] that contains the voter's [person's] photograph; |
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(4) a United States passport book or card issued to the |
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voter [person] that has not expired or that expired no earlier than |
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four years before the date of presentation; [or] |
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(5) a license to carry a handgun issued to the voter |
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[person] by the Department of Public Safety that has not expired or |
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that expired no earlier than four years before the date of |
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presentation; |
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(6) an official Native American tribal document that: |
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(A) contains the voter's photograph and address; |
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and |
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(B) is issued by a tribe that is federally |
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recognized and located in this state; or |
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(7) any other official government document issued to |
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the voter and containing the voter's name, address, and photograph. |
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(b) The following documentation is acceptable as proof of |
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identification under this chapter: |
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(1) a government document that shows the name and |
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address of the voter, including the voter's voter registration |
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certificate; |
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(2) one of the following documents that shows the name |
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and address of the voter: |
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(A) a copy of a current utility bill; |
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(B) a bank or credit union statement; |
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(C) a government check; or |
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(D) a paycheck or pension plan statement; [or] |
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(3) a certified copy of a domestic birth certificate |
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or other document confirming birth that is admissible in a court of |
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law and establishes the voter's [person's] identity; or |
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(4) two of the following documents issued or delivered |
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to the voter, one of which must contain the name and address of the |
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voter: |
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(A) a Medicare, Medicaid, or Department of |
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Veterans Affairs identification card or other health insurance |
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identification card; |
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(B) a Department of Defense identification card; |
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(C) a social security identification card; |
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(D) a label on a prescription drug container; |
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(E) an identity bracelet issued by a hospital or |
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long-term care facility; |
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(F) a credit or debit card; |
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(G) an identification card issued by an employer; |
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(H) a student identification card issued by a |
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public or private high school or institution of higher education; |
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(I) a library card; |
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(J) a Texas Department of Criminal Justice |
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document indicating release or parole; |
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(K) a fishing or hunting license; |
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(L) a lease or mortgage for real property; |
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(M) a motor vehicle title; |
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(N) an insurance certificate, policy |
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declaration, or other document demonstrating proof of insurance; |
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(O) a letter from a public or private school or |
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institution of higher education; |
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(P) a personal check; |
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(Q) an official Native American tribal document |
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that is issued by a tribe that is federally recognized and located |
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in this state; |
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(R) a blood donor card; |
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(S) a public transportation card; |
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(T) a property tax assessment; |
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(U) a form prescribed by the Internal Revenue |
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Service; |
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(V) a letter from a public conservator, |
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court-appointed guardian, or trustee; |
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(W) a letter of confirmation of residence, letter |
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of stay, admission form, or statement of benefits from: |
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(i) a student residence; |
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(ii) a nursing home or other long-term care |
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facility or a retirement center; |
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(iii) a shelter; or |
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(iv) a soup kitchen; |
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(X) a document listed in Subdivision (1), (2), or |
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(3); or |
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(Y) another government document containing the |
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voter's name. |
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SECTION 4. Section 63.011(b), Election Code, is amended to |
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read as follows: |
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(b) A form for an affidavit required by this section must be |
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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 required by |
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Section 63.001(b) in a form described by Section 63.0101. |
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SECTION 5. Section 65.0541(a), Election Code, is amended to |
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read as follows: |
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(a) A voter who is accepted for provisional voting under |
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Section 63.011 because the voter does not meet the identification |
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requirements of Section 63.001(b) may, not later than the sixth day |
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after the date of the election: |
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(1) present [a form of] identification required by |
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Section 63.001(b) in a form described by Section 63.0101 to the |
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voter registrar for examination; or |
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(2) execute an affidavit described by Section |
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65.054(b)(2)(B) or (C) in the presence of the voter registrar. |
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SECTION 6. Section 86.006(a-1), Election Code, is amended |
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to read as follows: |
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(a-1) The voter may deliver a marked ballot in person to the |
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early voting clerk's office only while the polls are open on |
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election day. A voter who delivers a marked ballot in person must |
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present identification required by Section 63.001(b) in a [an |
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acceptable] form [of identification] described by Section 63.0101. |
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SECTION 7. This Act takes effect September 1, 2021. |