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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for registering to vote and accepting a |
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voter at a polling place. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.002, Election Code, is amended by |
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amending Subsection (c) and adding Subsection (e) to read as |
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follows: |
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(c) A registration application must include: |
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(1) the applicant's first name, middle name, if any, |
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last name, and former name, if any; |
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(2) the month, day, and year of the applicant's birth; |
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(3) a statement that the applicant is a United States |
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citizen; |
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(4) a statement that the applicant is a resident of the |
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county; |
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(5) a statement that the applicant has not been |
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determined mentally incompetent by a final judgment of a court; |
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(6) a statement that the applicant has not been |
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finally convicted of a felony or that the applicant is a felon |
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eligible for registration under Section 13.001; |
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(7) the applicant's residence address or, if the |
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residence has no address, the address at which the applicant |
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receives mail and a concise description of the location of the |
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applicant's residence; |
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(8) the following information: |
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(A) the applicant's Texas driver's license number |
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or the number of a personal identification card issued by the |
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Department of Public Safety or a statement by the applicant that the |
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applicant has not been issued a driver's license or personal |
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identification card; or |
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(B) if the applicant has not been issued a number |
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described by Paragraph (A), the last four digits of the applicant's |
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social security number or a statement by the applicant that the |
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applicant has not been issued a social security number; |
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(9) if the application is made by an agent, a statement |
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of the agent's relationship to the applicant; [and] |
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(10) the city and county in which the applicant |
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formerly resided; and |
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(11) a copy of a document providing proof that the |
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applicant is a United States citizen. |
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(e) The following documentation is acceptable as proof of |
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citizenship under Subsection (c)(11): |
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(1) a birth certificate or other document confirming |
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birth that is admissible in a court of law; |
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(2) United States citizenship papers issued to the |
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applicant; or |
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(3) an unexpired United States passport issued to the |
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applicant. |
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SECTION 2. Section 13.121(a), Election Code, is amended to |
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read as follows: |
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(a) The officially prescribed application form for |
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registration by mail must be in the form of [a] business reply mail |
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[postcard], unless another form or system is used under Subsection |
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(b), with postage paid by the state. The secretary of state shall |
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design the form to enhance the legibility of its contents. |
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SECTION 3. Section 63.001, Election Code, is amended by |
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amending Subsections (b), (c), (d), and (f) and adding Subsection |
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(g) to read as follows: |
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(b) On offering to vote, a voter must present to an election |
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officer at the polling place the voter's voter registration |
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certificate and either: |
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(1) one form of identification listed in Section |
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63.0101(a); or |
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(2) two different forms of identification listed in |
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Section 63.0101(b) [to an election officer at the polling place]. |
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(c) On presentation of the documentation required by |
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Subsection (b) [a registration certificate], an election officer |
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shall determine whether the voter's name on the registration |
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certificate is on the list of registered voters for the precinct. |
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(d) If the voter's name is on the precinct list of |
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registered voters and the voter's identity can be verified from the |
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proof presented, the voter shall be accepted for voting. |
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(f) After determining whether to accept a voter, an election |
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officer shall return the voter's documentation [registration
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certificate] to the voter. |
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(g) If the requirements for identification prescribed by |
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Subsection (b)(1) or (2) are not met, the voter shall be accepted |
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for provisional voting only under Section 63.011. |
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SECTION 4. Chapter 63, Election Code, is amended by adding |
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Section 63.0012 to read as follows: |
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Sec. 63.0012. USE OF ADDRESS ON IDENTIFICATION. (a) This |
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section applies only to a voter who: |
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(1) presents a registration certificate; |
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(2) is on the list of registered voters for the |
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precinct; and |
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(3) confirms that the address on the list of |
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registered voters is current under Section 63.0011. |
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(b) In verifying the identity of a voter described by |
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Subsection (a) under Section 63.001, an election officer may not |
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consider whether the voter's address on a form described by Section |
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63.001(b)(1) or (2) matches the voter's address on the registration |
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certificate or the list of registered voters. |
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SECTION 5. Section 63.006(a), Election Code, is amended to |
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read as follows: |
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(a) A voter who, when offering to vote, presents a voter |
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registration certificate indicating that the voter is currently |
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registered in the precinct in which the voter is offering to vote, |
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but whose name is not on the precinct list of registered voters, |
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shall be accepted for voting if the voter's identity can be verified |
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from the proof presented. |
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SECTION 6. Section 63.007(a), Election Code, is amended to |
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read as follows: |
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(a) A voter who, when offering to vote, presents a voter |
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registration certificate indicating that the voter is currently |
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registered in a different precinct from the one in which the voter |
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is offering to vote, and whose name is not on the precinct list of |
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registered voters, shall be accepted for voting if the voter's |
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identity can be verified from the proof presented and the voter |
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executes an affidavit stating that the voter: |
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(1) is a resident of the precinct in which the voter is |
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offering to vote or is otherwise entitled by law to vote in that |
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precinct; |
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(2) was a resident of the precinct in which the voter |
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is offering to vote at the time that information on the voter's |
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residence address was last provided to the voter registrar; |
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(3) did not deliberately provide false information to |
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secure registration in a precinct in which the voter does not |
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reside; and |
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(4) is voting only once in the election. |
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SECTION 7. Section 63.008(a), Election Code, is amended to |
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read as follows: |
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(a) A voter who does not present a voter registration |
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certificate when offering to vote, but whose name is on the list of |
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registered voters for the precinct in which the voter is offering to |
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vote, shall be accepted for voting if the voter executes an |
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affidavit stating that the voter does not have the voter's voter |
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registration certificate in the voter's possession at the polling |
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place at the time of offering to vote and the voter's identity can |
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be verified from the proof presented [voter presents proof of
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identification in a form described by Section 63.0101]. |
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SECTION 8. Section 63.0101, Election Code, is amended to |
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read as follows: |
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Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. |
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(a) The following documentation is an acceptable form [as proof] of |
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photo identification under this chapter: |
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(1) a driver's license or personal identification card |
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issued to the person by the Department of Public Safety or the |
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equivalent agency of another state that has not expired or that |
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expired no earlier than two years before the date of presentation |
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[or a similar document issued to the person by an agency of another
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state, regardless of whether the license or card has expired]; |
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(2) a United States military identification card that |
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contains the person's photograph [form of identification
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containing the person's photograph that establishes the person's
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identity]; |
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(3) a valid employee identification card that contains |
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the person's photograph and is issued by an employer of the person |
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in the ordinary course of the employer's business [birth
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certificate or other document confirming birth that is admissible
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in a court of law and establishes the person's identity]; |
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(4) a United States citizenship certificate [papers] |
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issued to the person that contains the person's photograph; |
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(5) a United States passport issued to the person; |
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(6) a student identification card issued by a public |
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or private institution of higher education that contains the |
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person's photograph [official mail addressed to the person by name
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from a governmental entity]; |
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(7) a license to carry a concealed handgun issued to |
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the person by the Department of Public Safety; |
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(8) an identification card issued by a state agency of |
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this state that contains the person's photograph; or |
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(9) an identification card that contains the person's |
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photograph and is issued by a county elections administrator or a |
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county clerk. |
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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 copy of a current utility bill, bank statement, |
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government check, paycheck, or other government document that shows |
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the name and address of the voter; |
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(2) official mail addressed to the person by name from |
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a governmental entity; |
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(3) a certified copy of a birth certificate or other |
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document confirming birth that is admissible in a court of law and |
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establishes the person's identity; |
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(4) United States citizenship papers issued to the |
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person; |
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(5) an original or certified copy of the person's |
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marriage license or divorce decree; |
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(6) court records of the person's adoption, name |
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change, or sex change; |
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(7) an identification card issued to the person by a |
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governmental entity of this state or the United States for the |
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purpose of obtaining public benefits, including veteran's |
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benefits, Medicaid, or Medicare; |
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(8) a temporary driving permit issued to the person by |
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the Department of Public Safety; |
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(9) a pilot's license issued to the person by the |
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Federal Aviation Administration or another authorized agency of the |
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United States; |
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(10) a library card that contains the person's name |
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issued to the person by a public library located in this state; or |
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(11) a hunting or fishing license issued to a person by |
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the Parks and Wildlife Department [or
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[(8) any other form of identification prescribed by
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the secretary of state]. |
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(c) The commissioners court of a county may authorize the |
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county elections administrator or the county clerk, as applicable, |
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to issue photo identification cards that may be used as proof of a |
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voter's identification under Subsection (a). |
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SECTION 9. Sections 63.011(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) A person to whom Section 63.001(g), 63.008(b), or |
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63.009(a) applies may cast a provisional ballot if the person |
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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) is eligible to vote in the election. |
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(b) A form for the affidavit shall be printed on an envelope |
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in which the provisional ballot voted by the person may be placed |
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and must include a space for entering the identification number of |
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the provisional ballot voted by the person and a space for an |
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election officer to indicate whether the person presented proof of |
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identification as required by Section 63.001(b)(1) or (2). The |
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affidavit form may include space for disclosure of any necessary |
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information to enable the person to register to vote under Chapter |
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13. The secretary of state shall prescribe the form of the |
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affidavit under this section. |
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SECTION 10. Section 65.054(b), Election Code, is amended to |
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read as follows: |
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(b) A provisional ballot may be accepted only if: |
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(1) the board determines that, from the information in |
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the affidavit or contained in public records, the person is |
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eligible to vote in the election; and |
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(2) the voter presents proof of identification as |
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required by Section 63.001(b)(1) or (2): |
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(A) at the time the ballot was cast; or |
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(B) in the period prescribed under Section |
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65.0541. |
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SECTION 11. Subchapter B, Chapter 65, Election Code, is |
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amended by adding Section 65.0541 to read as follows: |
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Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN |
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PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional |
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voting under Section 63.011 because the voter does not present |
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proof of identification as required by Section 63.001(b)(1) or (2) |
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may submit proof of identification to the voter registrar by |
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personal delivery or by mail for examination by the early voting |
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ballot board not later than the fifth day after the date of the |
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election. |
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(b) The early voting ballot board shall accept a provisional |
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ballot under Section 65.054 if the voter: |
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(1) presents proof of identification in the manner |
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required by this section; and |
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(2) is otherwise eligible to vote in the election. |
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(c) The office of the voter registrar shall be open on a |
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Saturday that falls within the five-day period described by |
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Subsection (a) for a voter to present identification as provided |
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under this section. |
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(d) The secretary of state shall prescribe procedures as |
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necessary to implement this section. |
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SECTION 12. Section 521.422, Transportation Code, is |
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amended by amending Subsection (a) and adding Subsection (d) to |
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read as follows: |
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(a) Except as provided by Subsection (d), the [The] fee for |
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a personal identification certificate is: |
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(1) $15 for a person under 60 years of age; |
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(2) $5 for a person 60 years of age or older; and |
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(3) $20 for a person subject to the registration |
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requirements under Chapter 62, Code of Criminal Procedure. |
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(d) The department may not collect a fee for a personal |
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identification certificate issued to a person who executes an |
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affidavit stating that the person is financially unable to pay the |
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required fee and: |
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(1) who is a registered voter in this state and |
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presents a valid voter registration certificate; or |
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(2) who is eligible for registration under Section |
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13.001, Election Code, and submits a registration application to |
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the department. |
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SECTION 13. The change in law made by this Act to Section |
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13.002, Election Code, applies only to an application for voter |
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registration that is submitted on or after the effective date of |
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this Act. |
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SECTION 14. This Act takes effect September 1, 2007. |
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