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A BILL TO BE ENTITLED
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AN ACT
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relating to an opportunity to correct a defect in an early voting |
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ballot voted by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 87, Election Code, is |
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amended by adding Section 87.0271 to read as follows: |
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Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE |
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VERIFICATION COMMITTEE. (a) This section applies to an early |
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voting ballot voted by mail: |
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(1) for which the voter did not sign the carrier |
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envelope certificate; |
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(2) for which it cannot immediately be determined |
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whether the signature on the carrier envelope certificate is that |
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of the voter; or |
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(3) containing incomplete information with respect to |
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a witness. |
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(b) Before deciding whether to accept or reject a ballot |
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under Section 87.027, the signature verification committee shall |
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immediately contact the voter or witness, as appropriate, to advise |
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the voter or witness of the defect and provide an opportunity to |
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correct the defect. |
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(c) Subsection (b) does not apply if the signature |
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verification committee determines that it would be impossible to |
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correct the defect prior to the time the polls are required to close |
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on election day. |
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(d) The chair of the signature verification committee may |
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appoint two committee members to take the defective ballot to the |
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address of the voter or witness, as appropriate, to provide the |
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voter or witness with an opportunity to correct the defect. |
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(e) If possible, of the two members appointed under |
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Subsection (d): |
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(1) one must be a member of the party that received the |
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greatest number of votes in the most recent gubernatorial election; |
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and |
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(2) one must be a member of the party that received the |
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second greatest number of votes in the most recent gubernatorial |
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election. |
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SECTION 2. Subchapter C, Chapter 87, Election Code, is |
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amended by adding Section 87.0411 to read as follows: |
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Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING |
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BALLOT BOARD. (a) This section applies to an early voting ballot |
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voted by mail: |
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(1) for which the voter did not sign the carrier |
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envelope certificate; |
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(2) for which it cannot immediately be determined |
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whether the signature on the carrier envelope certificate is that |
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of the voter; or |
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(3) containing incomplete information with respect to |
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a witness. |
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(b) Before deciding whether to accept or reject a ballot |
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under Section 87.041, the early voting ballot board shall |
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immediately contact the voter or witness, as appropriate, to advise |
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the voter or witness of the defect and provide an opportunity to |
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correct the defect. |
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(c) Subsection (b) does not apply if the early voting ballot |
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board determines that it would be impossible to correct the defect |
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prior to the time the polls are required to close on election day. |
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(d) The presiding judge of the early voting ballot board may |
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appoint two ballot board members to take the defective ballot to the |
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address of the voter or witness, as appropriate, to provide the |
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voter or witness with an opportunity to correct the defect. |
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(e) If possible, of the two members appointed under |
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Subsection (d): |
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(1) one must be a member of the party that received the |
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greatest number of votes in the most recent gubernatorial election; |
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and |
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(2) one must be a member of the party that received the |
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second greatest number of votes in the most recent gubernatorial |
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election. |
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SECTION 3. This Act takes effect September 1, 2017. |