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AN ACT
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relating to the offense of possessing another person's official |
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ballot or official carrier envelope. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 86.006, Election Code, is amended by |
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amending Subsection (f) and adding Subsection (i) to read as |
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follows: |
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(f) A person commits an offense if the person knowingly |
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possesses an official ballot or official carrier envelope provided |
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under this code to another. Unless the person possessed the ballot |
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or carrier envelope with intent to defraud the voter or the election |
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authority, [it is an affirmative defense to prosecution under] this |
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subsection does not apply to a [that the] person who, on the date of |
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the offense, was: |
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(1) related to the voter within the second degree by |
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affinity or the third degree by consanguinity, as determined under |
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Subchapter B, Chapter 573, Government Code; |
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(2) registered to vote at the same address as the |
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voter; |
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(3) an early voting clerk or a deputy early voting |
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clerk; |
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(4) a person who possesses the carrier envelope in |
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order to deposit the envelope in the mail or with a common or |
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contract carrier and who provides the information required by |
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Section 86.0051(b) in accordance with that section; |
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(5) an employee of the United States Postal Service |
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working in the normal course of the employee's authorized duties; |
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or |
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(6) a common or contract carrier working in the normal |
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course of the carrier's authorized duties if the official ballot is |
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sealed in an official carrier envelope that is accompanied by an |
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individual delivery receipt for that particular carrier envelope. |
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(i) In the prosecution of an offense under Subsection (f): |
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(1) the prosecuting attorney is not required to negate |
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the applicability of the provisions of Subsections (f)(1)-(6) in |
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the accusation charging commission of an offense; |
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(2) the issue of the applicability of a provision of |
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Subsection (f)(1), (2), (3), (4), (5), or (6) is not submitted to |
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the jury unless evidence of that provision is admitted; and |
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(3) if the issue of the applicability of a provision of |
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Subsection (f)(1), (2), (3), (4), (5), or (6) is submitted to the |
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jury, the court shall charge that a reasonable doubt on the issue |
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requires that the defendant be acquitted. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after September 1, 2007. An offense |
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committed before September 1, 2007, is covered by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before September 1, 2007, if any element of the |
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offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1987 was passed by the House on April |
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11, 2007, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1987 on May 14, 2007, by the following vote: Yeas 143, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1987 was passed by the Senate, with |
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amendments, on May 10, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |