| |
| |
| |
|
|
AN ACT
|
|
|
relating to provisional voting by a person who applied for an early |
|
|
voting ballot by mail. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 63.011, Election Code, is amended by |
|
|
adding Subsection (a-1) and amending Subsection (b) to read as |
|
|
follows: |
|
|
(a-1) A person to whom the early voting clerk was required |
|
|
to provide an early voting ballot by mail under Section 86.001 and |
|
|
who did not vote early by mail may cast a provisional ballot on |
|
|
election day if the person executes an affidavit stating that the |
|
|
person: |
|
|
(1) is a registered voter in the precinct in which the |
|
|
person seeks to vote; and |
|
|
(2) did not vote early by mail. |
|
|
(b) A form for an affidavit required by this section [the
|
|
|
affidavit] shall be printed on an envelope in which the provisional |
|
|
ballot voted by the person may be placed and must include a space |
|
|
for entering the identification number of the provisional ballot |
|
|
voted by the person. The affidavit form may include space for |
|
|
disclosure of any necessary information to enable the person to |
|
|
register to vote under Chapter 13. The secretary of state shall |
|
|
prescribe the form of the affidavit under this section. |
|
|
SECTION 2. Section 65.054(b), Election Code, is amended to |
|
|
read as follows: |
|
|
(b) A provisional ballot may be accepted only if the board |
|
|
determines that, from the information in the affidavit or contained |
|
|
in public records, the person is eligible to vote in the election |
|
|
and has not previously voted in that election. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
an election ordered on or after September 1, 2007. |
|
|
SECTION 4. This Act takes effect September 1, 2007. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2823 was passed by the House on April |
|
|
26, 2007, by the following vote: Yeas 125, Nays 0, 1 present, not |
|
|
voting; that the House refused to concur in Senate amendments to |
|
|
H.B. No. 2823 on May 25, 2007, and requested the appointment of a |
|
|
conference committee to consider the differences between the two |
|
|
houses; and that the House adopted the conference committee report |
|
|
on H.B. No. 2823 on May 27, 2007, by the following vote: Yeas 146, |
|
|
Nays 0, 2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 2823 was passed by the Senate, with |
|
|
amendments, on May 22, 2007, by the following vote: Yeas 29, Nays |
|
|
0; at the request of the House, the Senate appointed a conference |
|
|
committee to consider the differences between the two houses; and |
|
|
that the Senate adopted the conference committee report on H.B. No. |
|
|
2823 on May 26, 2007, by the following vote: Yeas 30, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |