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AN ACT
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relating to the procedures for applying for a ballot to be voted by |
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mail; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.001(e), Election Code, is amended to |
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read as follows: |
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(e) An applicant for a ballot to be voted by mail may apply |
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for ballots for the main election and any resulting runoff election |
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on the same application. If an [The timeliness of the application
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for both elections is determined in relation to the main election.
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However, if the] application for the main election and any |
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resulting runoff is not timely for the main election, it will be |
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considered timely for any resulting runoff if received not later |
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than the deadline, determined using the date of the runoff |
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election, for submitting a regular application for a ballot to be |
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voted by mail [the timeliness of the application for the runoff
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election is determined in relation to that election]. |
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SECTION 2. Section 84.004(a), Election Code, is amended to |
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read as follows: |
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(a) A person commits an offense if: |
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(1) [, in the same election,] the person signs an |
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[early voting ballot] application for a ballot to be voted by mail |
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as a witness for more than one applicant in the same election; or |
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(2) the person signs an application for annual ballots |
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by mail as a witness for more than one applicant in the same |
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calendar year. |
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SECTION 3. Section 84.007, Election Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (e) to read |
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as follows: |
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(b) An application must be submitted to the early voting |
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clerk by: |
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(1) mail; |
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(2) common or contract carrier; [or] |
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(3) telephonic facsimile machine, if a machine is |
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available in the clerk's office; or |
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(4) electronic transmission of a scanned application |
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containing an original signature. |
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(c) Except as provided by Section 86.0015(b), an [An] |
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application may [must] be submitted at any time in the year of the |
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election for which a ballot is requested, but not later than [on or
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after the 60th day before election day and before] the close of |
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regular business in the early voting clerk's office or 12 noon, |
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whichever is later, on the 11th [ninth] day before election day |
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unless that day is a Saturday, Sunday, or legal state or national |
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holiday, in which case the last day is the first preceding regular |
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business day. |
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(e) The early voting clerk shall designate an e-mail address |
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for receipt of an application under Subsection (b)(4). The |
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secretary of state shall include the e-mail addresses on the |
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secretary of state's website. |
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SECTION 4. Section 84.011(a), Election Code, is amended to |
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read as follows: |
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(a) The officially prescribed application form for an early |
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voting ballot must include: |
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(1) immediately preceding the signature space the |
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statement: "I certify that the information given in this |
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application is true, and I understand that giving false information |
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in this application is a crime."; |
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(2) a statement informing the applicant of the |
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offenses prescribed by Sections 84.003 and 84.004; |
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(3) spaces for entering an applicant's voter |
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registration number and county election precinct of registration, |
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with a statement informing the applicant that failure to furnish |
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that information does not invalidate the application; and |
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(4) on an application for a ballot to be voted by mail: |
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(A) a space for an applicant applying on the |
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ground of absence from the county of residence to indicate the date |
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on or after which the applicant can receive mail at the address |
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outside the county; |
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(B) a space for indicating the fact that an |
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applicant whose application is signed by a witness cannot make the |
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applicant's mark and a space for indicating the relationship or |
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lack of relationship of the witness to the applicant; |
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(C) a space for entering an applicant's telephone |
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number, with a statement informing the applicant that failure to |
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furnish that information does not invalidate the application; |
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(D) a space or box for an applicant applying on |
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the ground of age or disability to indicate that the address to |
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which the ballot is to be mailed is the address of a facility or |
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relative described by Section 84.002(a)(3), if applicable; |
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(E) a space or box for an applicant applying on |
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the ground of confinement in jail to indicate that the address to |
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which the ballot is to be mailed is the address of a relative |
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described by Section 84.002(a)(4), if applicable; |
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(F) a space for an applicant applying on the |
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ground of age or disability to indicate if the application is an |
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application under Section 86.0015; |
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(G) spaces for entering the signature, printed |
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name, and residence address of any person assisting the applicant; |
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(H) [(G)] a statement informing the applicant of |
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the condition prescribed by Section 81.005; and |
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(I) [(H)] a statement informing the applicant of |
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the requirement prescribed by Section 86.003(c). |
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SECTION 5. Subchapter B, Chapter 84, Election Code, is |
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amended by adding Section 84.038 to read as follows: |
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Sec. 84.038. CANCELLATION EFFECTIVE FOR SINGLE ELECTION. |
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The cancellation of an application for a ballot to be voted by mail |
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under Section 84.032(c), (d), or (e) is effective for a single |
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ballot only and does not cancel the application with respect to a |
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subsequent election, including a subsequent election to which the |
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same application applies under Section 84.001(e) or 86.0015(b). |
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SECTION 6. Section 86.0015, Election Code, is amended to |
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read as follows: |
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Sec. 86.0015. ANNUAL BALLOTS BY MAIL [APPLYING FOR MORE
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THAN ONE ELECTION IN SAME APPLICATION]. (a) This section applies |
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only to an application for a ballot to be voted by mail that: |
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(1) indicates [is submitted to the county clerk
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indicating] the ground of eligibility is age or disability; and |
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(2) does not specify the election for which a ballot is |
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requested or has been marked by the applicant as an application for |
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more than one election. |
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(b) An application described by Subsection (a) is |
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considered to be an application for a ballot for each election, |
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including any ensuing runoff [in which the county clerk serves as
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early voting clerk and]: |
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(1) in which the applicant is eligible to vote; and |
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(2) that occurs before the earlier of: |
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(A) except as provided by Subsection (b-2), the |
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end of the calendar year in which the application was submitted; |
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[or] |
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(B) the date the county clerk receives notice |
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from the voter registrar under Subsection (f) [(d)] that the voter |
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has changed residence to another county; or |
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(C) the date the voter's registration is canceled |
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[submitted a change in registration information]. |
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(b-1) An application submitted under this section must be |
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submitted before the close of regular business in the early voting |
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clerk's office or 12 noon, whichever is later, on the 11th day |
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before election day unless that day is a Saturday, Sunday, or legal |
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state or national holiday, in which case the last day is the first |
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preceding regular business day. |
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(b-2) An application is considered to be submitted in the |
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following calendar year for purposes of this section if: |
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(1) the applicant is eligible to vote in an election |
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occurring in January or February of the next calendar year; and |
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(2) the application is submitted in the last 60 days of |
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a calendar year but not earlier than the 60th day before the date of |
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the January or February election. |
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(c) In an election of a political subdivision located in a |
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county in which the county clerk is not the early voting clerk, the |
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county clerk shall provide the early voting clerk of the political |
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subdivision that is holding the election a list of voters in the |
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portion of the political subdivision located in the county who have |
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ballot applications on file under this section. The early voting |
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clerk shall provide a ballot to be voted by mail to each voter on the |
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list. |
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(d) The secretary of state shall provide a method by which |
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counties and political subdivisions located in the county can |
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exchange and update information on applications received under this |
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section. |
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(e) An application described by Subsection (a) shall be |
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preserved for the period for preserving the precinct election |
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records for the last election for which the application is |
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effective. |
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(f) [(d)] The voter registrar shall notify the county clerk |
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when a voter's voter registration has been canceled or a voter's |
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address or name has changed [following the receipt of a notice of a
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change in registration information under Section 15.021]. The |
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county clerk must update any list of voters who have ballot |
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applications on file under this section based on the information |
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received from the voter registrar. A voter's ballot application on |
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file under this section may not be canceled if a correction in |
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registration information for the voter is a change of address |
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within the county in which the voter is registered or a change of |
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the voter's name. |
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SECTION 7. Section 86.006, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A marked ballot voted under this chapter must be |
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returned to the early voting clerk in the official carrier |
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envelope. The carrier envelope may be delivered in another |
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envelope and must be transported and delivered only by: |
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(1) mail; |
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(2) [or by] common or contract carrier; or |
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(3) subject to Subsection (a-1), in-person delivery by |
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the voter who voted the ballot. |
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(a-1) The voter may deliver a marked ballot in person to the |
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early voting clerk's office only while the polls are open on |
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election day. A voter who delivers a marked ballot in person must |
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present an acceptable form of identification described by Section |
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63.0101. |
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SECTION 8. Section 84.009(b), Election Code, is repealed. |
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SECTION 9. Not later than January 1, 2016, the secretary of |
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state shall make the modifications to the official application form |
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for a ballot to be voted early by mail, as required by Section |
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84.011(a), Election Code, as amended by this Act. |
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SECTION 10. This Act applies only to an application for a |
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ballot to be voted by mail submitted on or after January 1, 2016. |
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SECTION 11. This Act takes effect September 1, 2015. |
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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. 1927 was passed by the House on May 4, |
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2015, by the following vote: Yeas 141, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1927 on May 28, 2015, 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. 1927 was passed by the Senate, with |
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amendments, on May 26, 2015, 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 |