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A BILL TO BE ENTITLED
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AN ACT
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relating to the days and hours during which the polls are open for |
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early voting by personal appearance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.004(d), Election Code, is amended to |
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read as follows: |
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(d) The [If early voting by personal appearance is required |
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to be conducted for extended hours under Section 85.005(c) or for |
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weekend hours under Section 85.006(e), the] registrar's office |
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shall remain open for providing voter registration information |
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during the [extended hours or weekend] hours that the main early |
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voting polling place is open for voting. |
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SECTION 2. Sections 85.001(a) and (e), Election Code, are |
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amended to read as follows: |
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(a) The period for early voting by personal appearance |
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begins on the 17th day before election day and continues through the |
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fourth day before election day, except as otherwise provided by |
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this subchapter [section]. |
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(e) For an election held on the uniform election date in May |
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and any resulting runoff election, the period for early voting by |
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personal appearance begins on the 12th day before election day and |
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continues through the fourth day before election day, except as |
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otherwise provided by this subchapter. |
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SECTION 3. Section 85.006, Election Code, is amended to |
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read as follows: |
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Sec. 85.006. EXTENDED VOTING [ON SATURDAY OR SUNDAY]. (a) |
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Except as provided by Subsection (b), the authority ordering an |
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election may order early voting by personal appearance at the main |
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early voting polling place to be conducted: |
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(1) on one or more Saturdays or Sundays during the |
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early voting period; or |
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(2) during an early voting period extended from the |
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fourth day before election day for any number of consecutive days up |
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to and including the day before election day. |
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(b) In an election in which a county clerk is the early |
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voting clerk under Section 83.002, only the early voting clerk may |
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order extended voting [on a Saturday or Sunday]. The clerk must do |
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so by written order. |
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(c) Except as otherwise provided by this section, the [The] |
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authority ordering extended voting [on a Saturday or Sunday] shall |
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determine the hours during which voting is to be conducted. |
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(d) The authority authorized to order extended early voting |
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[on a Saturday or Sunday] under Subsection (a) or (b) shall order |
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[the] voting on a Saturday or Sunday under the applicable |
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subsection on receipt of a written request submitted by at least 15 |
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registered voters of the territory covered by the election. The |
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request must be submitted in time to enable compliance with Section |
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85.007. The authority is not required to order the voting on a |
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particular date specified by the request but shall order the voting |
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on at least one Saturday if a Saturday is requested and on at least |
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one Sunday if a Sunday is requested. |
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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 55,000 or more, |
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the early voting clerk shall order voting by personal appearance at |
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the main early voting polling place to be conducted on the last |
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Saturday of the early voting period for at least 12 hours, except |
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that voting may not be conducted earlier than 6 a.m. or later than |
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10 p.m., and on the last Sunday of the early voting period for at |
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least six hours, except that voting may not be conducted earlier |
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than 9 a.m. or later than 10 p.m. The early voting clerk shall order |
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voting to be conducted at those times in those elections in a county |
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with a population under 55,000 on receipt of a written request for |
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those hours submitted by at least 15 registered voters of the |
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county. The request must be submitted in time to enable compliance |
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with Section 85.007. This subsection supersedes any provision of |
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this subchapter to the extent of any conflict. |
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(f) An authority authorized to order extended early voting |
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under Subsection (a) or (b) that orders the voting during an |
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extended early voting period shall order personal appearance voting |
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at the main early voting polling place to be conducted for at least |
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12 hours on any weekday or Saturday and for at least five hours on |
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any Sunday of the extended early voting period. |
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SECTION 4. Sections 85.007(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) The election order and the election notice must state: |
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(1) the date that early voting will begin if under |
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Section 85.001(d) the early voting period is to begin later than the |
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prescribed date; |
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(2) the regular dates and hours that voting will be |
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conducted under Section 85.005(b); and |
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(3) the dates and hours that extended voting [on |
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Saturday or Sunday] is ordered to be conducted under Section |
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85.006(a). |
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(b) The early voting clerk shall post notice for each |
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election stating the dates and hours that extended voting [on a |
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Saturday or Sunday] is ordered to be conducted under Section |
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85.006(b). |
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SECTION 5. Section 85.064(d), Election Code, is amended to |
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read as follows: |
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(d) The authority authorized under Section 85.006 to order |
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extended early voting [on a Saturday or Sunday] may also order, in |
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the manner prescribed by that section, extended early voting to be |
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conducted [on a Saturday or Sunday] at any one or more of the |
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temporary branch polling places. In addition, the early voting |
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clerk of a county covered by Section 85.006(e) shall order such |
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voting in accordance with that subsection at each temporary branch |
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polling place established under Section 85.062(d). |
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SECTION 6. Section 85.065(b), Election Code, is amended to |
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read as follows: |
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(b) Except as provided by Subsection (c), voting at a |
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temporary branch polling place may be conducted on any days and |
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during any hours of the period for early voting by personal |
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appearance, as determined by the authority establishing the branch. |
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The authority authorized under Section 85.006 to order extended |
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early voting [on a Saturday or Sunday] may also order, in the manner |
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prescribed by that section, extended early voting to be conducted |
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[on a Saturday or Sunday] at any one or more of the temporary branch |
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polling places. |
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SECTION 7. Section 85.068(a), Election Code, is amended to |
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read as follows: |
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(a) The early voting clerk shall post notice for each |
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election stating any dates and the hours that extended voting [on |
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Saturday or Sunday] will be conducted under Section 85.064(d) or |
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85.065(b), if the early voting clerk is a county clerk or city |
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secretary under Section 83.002 or 83.005. |
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SECTION 8. Section 87.0241, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) The board may not count early voting ballots until: |
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(1) the polls open on election day; or |
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(2) in an election conducted by an authority of a |
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county with a population of 100,000 or more, or conducted jointly |
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with such a county or conducted with such a county through a |
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contract for election services, the time the polls close on the |
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fourth day before election day [end of the period for early voting |
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by personal appearance]. |
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(b-1) The board may not count early voting ballots voted by |
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personal appearance after the fourth day before election day until |
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the end of the extended early voting period. |
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SECTION 9. This Act takes effect September 1, 2023. |