Bill Text: TX SB113 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to early voting by certain persons who are caretakers of persons with certain disabilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-08-01 - Filed [SB113 Detail]

Download: Texas-2017-SB113-Introduced.html
  85S10362 JRJ-D
 
  By: Garcia S.B. No. 113
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to early voting by certain persons who are caretakers of
  persons with certain disabilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 7, Election Code, is amended by
  adding Chapter 108 to read as follows:
  CHAPTER 108.  EARLY VOTING BY PERSON IN SPECIAL CIRCUMSTANCE
         Sec. 108.001.  APPLICABILITY. This chapter applies only to
  a person:
               (1)  who is eligible to vote in this state;
               (2)  who is the permanent caretaker of a person who has
  a disability; and
               (3)  whose presence:
                     (A)  is necessary to protect the life or safety of
  the person who has a disability; and
                     (B)  will prevent the caretaker from appearing at
  the polling place on election day.
         Sec. 108.002.  FORM AND CONTENTS OF APPLICATION. The
  secretary of state shall prescribe a unique application for a
  ballot to be voted under this chapter that must:
               (1)  be in the form of an affidavit; and
               (2)  include, in addition to the information required
  by the applicable provisions of Section 84.002, a certificate of a
  licensed physician, licensed chiropractor, or accredited Christian
  Science practitioner in substantially the following form:
         "This is to certify that I know that (insert name of voter) is
  the caretaker of a person with a sickness or physical condition that
  requires the caretaker's presence to protect the life or safety of
  the person and that this duty will prevent (insert name of voter)
  from appearing at the polling place for an election held on (insert
  date of election).
         "Witness my hand at _________, Texas, this ____ day of
  __________, 20__.
         ______________________________________________________
         (Signature of physician, chiropractor, or practitioner)"
         Sec. 108.003.  VOTING PROCEDURE; PROCESSING RESULTS. (a)
  On submission of an application under this chapter to the early
  voting clerk, the clerk shall review the application and verify the
  applicant's registration status in accordance with the procedure
  applicable to early voting by mail.
         (b)  The voting shall be conducted with the balloting
  materials for early voting by mail.
         (c)  The voter must mark and seal the ballot in the same
  manner as if early voting by mail.
         (d)  The results shall be processed in accordance with the
  procedures applicable to processing early voting ballots voted by
  mail.
         Sec. 108.004.  RULES.  The secretary of state shall adopt
  rules to implement this chapter.
         SECTION 2.  This Act takes effect December 1, 2017.
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