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A BILL TO BE ENTITLED
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AN ACT
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relating to early voting by certain persons who have an employment |
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hardship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 7, Election Code, is amended by |
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adding Chapter 107 to read as follows: |
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CHAPTER 107. EARLY VOTING BY PERSON IN SPECIAL CIRCUMSTANCE |
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Sec. 107.001. APPLICABILITY. This chapter applies only to |
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a voter whose occupation causes a hardship for the voter to appear |
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at the polling place on election day because the voter is employed: |
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(1) in an occupation that causes the voter to be |
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working periodically offshore; |
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(2) as a truck driver whose routes routinely take the |
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voter more than 200 miles from home; |
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(3) in an occupation that is likely to require the |
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voter to be overseas on election day; or |
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(4) as the permanent caretaker of a person who has a |
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disability and the voter's presence is necessary to protect the |
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life or safety of the person who has a disability and will prevent |
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the caretaker from appearing at the polling place on election day. |
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Sec. 107.002. FORM AND CONTENTS OF APPLICATION. (a) The |
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secretary of state shall prescribe a unique application for a |
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ballot to be voted under this chapter that must include, in addition |
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to the information required by the applicable provisions of Section |
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84.002: |
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(1) for an applicant to whom this chapter applies |
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under Section 107.001(1), (2), or (3), an affidavit certifying the |
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applicant is employed in an occupation that causes a hardship for |
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voting, signed by the applicant and the applicant's employer or |
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contracting entity, and |
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the address of the applicant's employer or |
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of a person related to the applicant within the second degree by |
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affinity or the third degree by consanguinity, as determined under |
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Chapter 573, Government Code, if that address is different from the |
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address at which the applicant is registered to vote; or |
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(2) for an applicant to whom this chapter applies |
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under Section 107.001(4), be in the form of an affidavit and include |
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a certificate of a licensed physician, licensed chiropractor, or |
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accredited Christian Science practitioner in substantially the |
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following form: |
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"This is to certify that I know that (insert name of voter) is |
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the caretaker of a person with a sickness or physical condition that |
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requires the caretaker's presence to protect the life or safety of |
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the person and that this duty will prevent (insert name of voter) |
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from appearing at the polling place for an election held on (insert |
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date of election). |
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"Witness my hand at _________, Texas, this ____ day of |
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__________, 20__. |
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______________________________________________________ |
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(Signature of physician, chiropractor, or practitioner)". |
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(b) The application must be submitted to the early voting |
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clerk not later than the 60th day before election day for the |
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applicant to be eligible to vote a ballot under this chapter. |
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Sec. 107.003. VOTING PROCEDURE; PROCESSING RESULTS. (a) |
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On submission of an application under this chapter to the early |
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voting clerk, the clerk shall review the application and verify the |
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applicant's registration status in accordance with the procedure |
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applicable to early voting by mail. |
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(b) The voting shall be conducted with the balloting |
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materials for early voting by mail. |
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(c) The address to which the balloting materials must be |
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addressed is the address at which the voter is registered to vote or |
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the address of the applicant's employer or of a person related to |
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the applicant within the second degree by affinity or the third |
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degree by consanguinity, as determined under Chapter 573, |
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Government Code. |
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(d) The voter must mark and seal the ballot in the same |
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manner as if early voting by mail. |
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(e) The results shall be processed in accordance with the |
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procedures applicable to processing early voting ballots voted by |
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mail. |
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(f) Section 86.0015 applies to an application for a ballot |
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to be voted under this chapter, notwithstanding Section 86.0015(a). |
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Sec. 107.004. RULES. The secretary of state shall adopt |
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rules to implement this chapter. |
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SECTION 2. This Act takes effect September 1, 2017. |