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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements to vote, including presenting proof of |
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identification; providing criminal penalties. |
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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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adding Subsection (i) to 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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acceptable under Section 63.0101. |
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SECTION 2. Section 15.001, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A certificate issued to a voter who meets the |
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certification requirements of Section 13.002(i) must contain an |
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indication that the voter is exempt from the requirement to present |
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identification other than the registration certificate before |
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being accepted for voting. |
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SECTION 3. Effective September 1, 2011, Subchapter A, |
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Chapter 15, Election Code, is amended by adding Section 15.005 to |
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read as follows: |
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Sec. 15.005. NOTICE OF IDENTIFICATION REQUIREMENTS. |
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(a) The voter registrar of each county shall provide notice of the |
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identification requirements for voting prescribed by Chapter 63 and |
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a detailed description of those requirements with each voter |
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registration certificate issued under Section 13.142 or renewal |
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registration certificate issued under Section 14.001. |
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(b) The secretary of state shall prescribe the wording of |
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the notice to be included on the certificate under this section. |
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SECTION 4. Section 15.022(a), Election Code, is amended to |
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read as follows: |
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(a) The registrar shall make the appropriate corrections in |
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the registration records, including, if necessary, deleting a |
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voter's name from the suspense list: |
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(1) after receipt of a notice of a change in |
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registration information under Section 15.021; |
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(2) after receipt of a voter's reply to a notice of |
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investigation given under Section 16.033; |
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(3) after receipt of a registration omissions list and |
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any affidavits executed under Section 63.006 [63.007], following an
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election; |
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(4) after receipt of a voter's statement of residence |
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executed under Section 63.0011; |
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(5) before the effective date of the abolishment of a |
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county election precinct or a change in its boundary; |
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(6) after receipt of United States Postal Service |
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information indicating an address reclassification; |
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(7) after receipt of a voter's response under Section |
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15.053; or |
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(8) after receipt of a registration application or |
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change of address under Chapter 20. |
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SECTION 5. Effective September 1, 2011, Subchapter A, |
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Chapter 31, Election Code, is amended by adding Section 31.012 to |
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read as follows: |
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Sec. 31.012. VOTER IDENTIFICATION EDUCATION. (a) The |
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secretary of state and the voter registrar of each county that |
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maintains a website shall provide notice of the identification |
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requirements for voting prescribed by Chapter 63 on each entity's |
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respective website in each language in which voter registration |
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materials are available. The secretary of state shall prescribe |
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the wording of the notice to be included on the websites. |
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(b) The secretary of state shall conduct a statewide effort |
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to educate voters regarding the identification requirements for |
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voting prescribed by Chapter 63. |
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(c) The county clerk of each county shall post in a |
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prominent location at the clerk's office a physical copy of the |
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notice prescribed under Subsection (a) in each language in which |
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voter registration materials are available. |
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SECTION 6. Effective September 1, 2011, Section 32.111, |
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Election Code, is amended by adding Subsection (c) to read as |
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follows: |
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(c) The training standards adopted under Subsection (a) |
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must include provisions on the acceptance and handling of the |
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identification presented by a voter to an election officer under |
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Section 63.001. |
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SECTION 7. Effective September 1, 2011, Section 32.114(a), |
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Election Code, is amended to read as follows: |
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(a) The county clerk shall provide one or more sessions of |
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training using the standardized training program and materials |
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developed and provided by the secretary of state under Section |
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32.111 for the election judges and clerks appointed to serve in |
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elections ordered by the governor or a county authority. Each |
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election judge shall complete the training program. Each election |
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clerk shall complete the part of the training program relating to |
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the acceptance and handling of the identification presented by a |
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voter to an election officer under Section 63.001. |
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SECTION 8. Chapter 62, Election Code, is amended by adding |
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Section 62.016 to read as follows: |
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Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE |
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POLLING PLACES. The presiding judge shall post in a prominent place |
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on the outside of each polling location a list of the acceptable |
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forms of identification. The list must be printed using a font that |
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is at least 24-point. The notice required under this section must |
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be posted separately from any other notice required by state or |
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federal law. |
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SECTION 9. Section 63.001, Election Code, is amended by |
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amending Subsections (b), (c), (d), and (f) and adding Subsections |
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(g) and (h) to read as follows: |
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(b) Except as provided by Subsection (h), on [On] offering
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to vote, a voter must present to an election officer at the polling |
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place one form of identification described by Section 63.0101 [the |
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voter's voter registration certificate to an election officer at |
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the polling place].
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(c) On presentation of the documentation required under |
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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 documentation
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[registration certificate] is on the list of registered voters for
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the precinct. If in making a determination under this subsection |
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the election officer determines that the voter's name on the |
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documentation is substantially similar to but does not match |
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exactly with the name on the list, the voter shall be accepted for |
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voting under Subsection (d) if the voter submits an affidavit |
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stating that the voter is the person on the list of registered |
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voters. |
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(d) If, as determined under Subsection (c), the voter's name
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is on the precinct list of registered voters and the voter's |
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identity can be verified from the documentation presented under |
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Subsection (b), 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) are not met, the voter may be accepted for |
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provisional voting only under Section 63.011. For a voter who is |
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not accepted for voting under this section, an election officer |
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shall: |
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(1) inform the voter of the voter's right to cast a |
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provisional ballot under Section 63.011; and |
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(2) provide the voter with written information, in a |
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form prescribed by the secretary of state, that: |
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(A) lists the requirements for identification; |
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(B) states the procedure for presenting |
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identification under Section 65.0541; |
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(C) includes a map showing the location where |
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identification must be presented; and |
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(D) includes notice that even if all procedures |
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are followed, there is no guarantee that the voter's provisional |
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ballot will be accepted. |
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(h) The requirements for identification prescribed by |
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Subsection (b) do not apply to a voter who presents the voter's |
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voter registration certificate on offering to vote and: |
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(1) was 70 years of age or older on January 1, 2012, as |
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indicated by the date of birth on the voter's voter registration |
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certificate; or |
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(2) is disabled and the voter's voter registration |
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certificate contains the indication described by Section |
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15.001(c). |
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SECTION 10. Section 63.0011(a), Election Code, is amended |
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to read as follows: |
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(a) Before a voter may be accepted for voting, an election |
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officer shall ask the voter if the voter's residence address on the |
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precinct list of registered voters is current and whether the voter |
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has changed residence within the county. If the voter's address is |
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omitted from the precinct list under Section 18.005(c), the officer |
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shall ask the voter if the voter's residence, if [as] listed, on
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identification presented by the voter under Section 63.001(b) [the |
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voter's voter registration certificate] is current and whether the
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voter has changed residence within the county. |
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SECTION 11. Effective September 1, 2011, Chapter 63, |
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Election Code, is amended by adding Section 63.0012 to read as |
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follows: |
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Sec. 63.0012. NOTICE OF IDENTIFICATION REQUIREMENTS TO |
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CERTAIN VOTERS. (a) An election officer shall distribute written |
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notice of the identification that will be required for voting |
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beginning with elections held after January 1, 2012, and |
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information on obtaining identification without a fee under Section |
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521.422, Transportation Code, to each voter who, when offering to |
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vote, presents a form of identification that will not be sufficient |
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for acceptance as a voter under this chapter beginning with those |
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elections. |
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(b) The secretary of state shall prescribe the wording of |
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the notice and establish guidelines for distributing the notice. |
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(c) This section expires September 1, 2017. |
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SECTION 12. Section 63.006, Election Code, is amended to |
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read as follows: |
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Sec. 63.006. VOTER WITH REQUIRED DOCUMENTATION [CORRECT |
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CERTIFICATE] WHO IS NOT ON LIST. (a) A voter who, when offering to
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vote, presents the documentation required under Section 63.001(b)
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[a voter registration certificate indicating that the voter is |
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currently registered in the precinct in which the voter is offering |
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to vote,] but whose name is not on the precinct list of registered
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voters[,] shall be accepted for voting if the voter also presents a |
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voter registration certificate indicating that the voter is |
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currently registered: |
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(1) in the precinct in which the voter is offering to |
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vote; or |
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(2) in a different precinct in the same county as the |
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precinct in which the voter is offering to vote and the voter |
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executes an affidavit stating that the voter: |
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(A) is a resident of the precinct in which the |
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voter is offering to vote or is otherwise entitled by law to vote in |
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that precinct; |
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(B) was a resident of the precinct in which the |
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voter is offering to vote at the time the information on the voter's |
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residence address was last provided to the voter registrar; |
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(C) did not deliberately provide false |
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information to secure registration in a precinct in which the voter |
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does not reside; and |
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(D) is voting only once in the election.
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(b) After the voter is accepted, an election officer shall: |
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(1) indicate beside the voter's name on the poll list
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that the voter was accepted under this section; and |
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(2) enter the voter's name on the registration |
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omissions list.
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SECTION 13. Section 63.009, Election Code, is amended to |
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read as follows: |
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Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST. |
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A [(a) Except as provided by Subsection (b), a] voter who does not
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present a voter registration certificate when offering to vote, and |
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whose name is not on the list of registered voters for the precinct |
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in which the voter is offering to vote, shall be accepted for |
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provisional voting if the voter executes an affidavit in accordance |
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with Section 63.011. |
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[(b) If an election officer can determine from the voter |
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registrar that the person is a registered voter of the county and |
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the person presents proof of identification, the affidavits |
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required by Sections 63.007 and 63.008 are substituted for the |
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affidavit required by Section 63.011 in complying with that |
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section. After the voter is accepted under this subsection, an |
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election officer shall also indicate beside the voter's name on the |
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poll list that the voter was accepted under this section.]
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SECTION 14. 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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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 that has not
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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 or |
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that expired no earlier than 60 days 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 person's photograph that has not expired or that |
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expired no earlier than 60 days before the date of presentation
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[form of identification containing the person's photograph that |
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establishes the person's identity];
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(3) a [birth certificate or other document confirming |
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birth that is admissible in a court of law and establishes the |
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person's identity; |
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[(4)] United States citizenship certificate [papers]
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issued to the person that contains the person's photograph;
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(4) [(5)] a United States passport issued to the
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person that has not expired or that expired no earlier than 60 days |
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before the date of presentation; or |
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(5) a license to carry a concealed handgun issued to |
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the person by the Department of Public Safety that has not expired |
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or that expired no earlier than 60 days before the date of |
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presentation |
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[(6) official mail addressed to the person by name |
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from a governmental entity; |
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[(7) 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; 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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SECTION 15. Section 63.011, Election Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) A person to whom Section 63.001(g) [63.008(b)] or 63.009
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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 an affidavit required by this section must
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[shall] be printed on an envelope in which the provisional ballot
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voted by the 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 described by |
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Section 63.0101.
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(b-1) The affidavit form may include space for disclosure of
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any necessary information to enable the person to register to vote |
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under Chapter 13. The secretary of state shall prescribe the form |
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of the affidavit under this section. |
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SECTION 16. Section 64.012(b), Election Code, is amended to |
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read as follows: |
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(b) An offense under this section is a felony of the second
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[third] degree unless the person is convicted of an attempt. In
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that case, the offense is a state jail felony [Class A misdemeanor].
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SECTION 17. Section 65.054, Election Code, is amended by |
|
amending Subsection (b) and adding Subsection (e) to read as |
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follows: |
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(b) A provisional ballot shall [may] be accepted [only] if
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the board determines that: |
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(1) [,] from the information in the affidavit or
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contained in public records, the person is eligible to vote in the |
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election and has not previously voted in that election; and |
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(2) the person: |
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(A) meets the identification requirements of |
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Section 63.001(b) at the time the ballot was cast or in the period |
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prescribed under Section 65.0541; or |
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(B) executes an affidavit under penalty of |
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perjury stating that: |
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(i) the voter: |
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(a) is indigent and is unable to |
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obtain proof of identification without the payment of a fee; or |
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(b) has a religious objection to being |
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photographed; and |
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(ii) the voter has not been challenged and |
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voted a provisional ballot solely because the voter did not meet the |
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requirements for identification prescribed by Section 63.001(b).
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(e) In this section, "indigent" has the meaning assigned by |
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Section 51.941(e), Government Code. |
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SECTION 18. 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 meet the |
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identification requirements of Section 63.001(b) may, not later |
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than the sixth day after the date of the election: |
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(1) present a form of identification described by |
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Section 63.0101 to the 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) in the presence of the voter registrar. |
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(b) The secretary of state shall prescribe procedures as |
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necessary to implement this section. |
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SECTION 19. Section 66.0241, Election Code, is amended to |
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read as follows: |
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Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4 |
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must contain: |
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(1) the precinct list of registered voters; |
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(2) the registration correction list; |
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(3) the registration omissions list; |
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(4) any statements of residence executed under Section |
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63.0011; and |
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(5) any affidavits executed under Section 63.006 |
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[63.007] or 63.011.
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SECTION 20. Section 521.422, Transportation Code, is |
|
amended by amending Subsection (a) and adding Subsection (d) to |
|
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 states that the |
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person is obtaining the personal identification certificate for the |
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purpose of satisfying Section 63.001(b), Election Code, and does |
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not have another form of identification described by Section |
|
63.0101, Election Code, 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 |
|
(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 21. Sections 63.007 and 63.008, Election Code, are |
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repealed. |
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SECTION 22. Effective September 1, 2011: |
|
(1) as soon as practicable, the secretary of state |
|
shall adopt the training standards and develop the training |
|
materials required to implement the change in law made by this Act |
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to Section 32.111, Election Code; and |
|
(2) as soon as practicable, the county clerk of each |
|
county shall provide a session of training under Section 32.114, |
|
Election Code, using the standards adopted and materials developed |
|
to implement the change in law made by this Act to Section 32.111, |
|
Election Code. |
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SECTION 23. The change in law made by this Act in amending |
|
Section 64.012(b), Election Code, applies only to an offense |
|
committed on or after January 1, 2012. An offense committed before |
|
January 1, 2012, is covered by the law in effect when the offense |
|
was committed, and the former law is continued in effect for that |
|
purpose. For purposes of this section, an offense is committed |
|
before January 1, 2012, if any element of the offense occurs before |
|
that date. |
|
SECTION 24. Effective September 1, 2011, state funds |
|
disbursed under Chapter 19, Election Code, for the purpose of |
|
defraying expenses of the voter registrar's office in connection |
|
with voter registration may also be used for additional expenses |
|
related to coordinating voter registration drives or other |
|
activities designed to expand voter registration. This section |
|
expires January 1, 2013. |
|
SECTION 25. Except as otherwise provided by this Act, this |
|
Act takes effect January 1, 2012. |