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 | |
|
|
||
|
|
||
| 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. | ||
