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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for accepting certain voters without |
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photo identification; providing for additional elements and |
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prosecutorial authority to related offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 63.001(b), (d), (e), (f), and (i), |
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Election Code, are amended to read as follows: |
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(b) Except as provided by Subsection (h), on offering to |
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vote, a voter must present to an election officer at the polling |
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place: |
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(1) one form of photo identification listed in Section |
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63.0101(a); or |
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(2) one form of identification listed in Section |
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63.0101(b) accompanied by the affidavit [declaration] described by |
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Subsection (i). |
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(d) If, as determined under Subsection (c), the voter's name |
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is on the precinct list of registered voters and the voter's |
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identity can be verified from the documentation presented under |
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Subsection (b), the voter shall be accepted for voting. [An
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election officer may not question the reasonableness of an
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impediment sworn to by a voter in a declaration described by
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Subsection (i).] |
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(e) On accepting a voter, an election officer shall indicate |
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beside the voter's name on the list of registered voters that the |
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voter is accepted for voting. If the voter executes a [declaration
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of] reasonable impediment affidavit to meet the requirement for |
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identification under Subsection (b), the election officer must |
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affix the voter's voter registration number to the affidavit |
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[declaration] either in numeric or bar code form. |
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(f) After determining whether to accept a voter, an election |
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officer shall return the voter's documentation to the voter. The |
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election officer may make photographic evidence of the voter's |
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documentation before returning it to the voter. |
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(i) If the requirement for identification prescribed by |
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Subsection (b)(1) is not met, an election officer shall notify the |
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voter that the voter may be accepted for provisional voting only |
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under Section 63.011 if the voter meets the requirement for |
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identification prescribed by Subsection (b)(2) and executes an |
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affidavit swearing [a declaration declaring] the voter has a |
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reasonable impediment to meeting the requirement for |
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identification prescribed by Subsection (b)(1). An election |
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officer shall indicate on the envelope in which the voter's |
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provisional ballot is placed that the voter was accepted for voting |
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under this subsection. A person is subject to prosecution for |
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perjury under Chapter 37, Penal Code, or Section 63.0013 for a false |
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statement or false information on the affidavit. The election |
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officer shall orally notify the voter that the voter may be |
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prosecuted for a crime if the voter's claims are not true or the |
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voter has been issued a form of identification listed in Section |
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63.0101(a) if the impediment indicated by the voter is an |
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impediment other than described by Subdivision (3)(D) |
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[declaration]. The secretary of state shall prescribe the form of |
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the affidavit [declaration]. The form shall include: |
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(1) a notice that a person is subject to prosecution |
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for perjury under Chapter 37, Penal Code, or Section 63.0013 for a |
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false statement or false information on the declaration; |
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(2) a statement that the voter swears or affirms that |
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the information contained in the declaration is true, that the |
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person described in the declaration is the same person appearing at |
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the polling place to sign the declaration, and that the voter faces |
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a reasonable impediment to procuring the identification prescribed |
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by Subsection (b)(1); |
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(3) a place for the voter to indicate one of the |
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following impediments: |
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(A) lack of transportation; |
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(B) lack of birth certificate or other documents |
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needed to obtain the identification prescribed by Subsection |
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(b)(1); |
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(C) work schedule; |
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(D) lost or stolen identification; |
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(E) disability or illness; |
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(F) family responsibilities; and |
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(G) the identification prescribed by Subsection |
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(b)(1) has been applied for but not received; |
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(4) a place for the voter to sign and date the |
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declaration; |
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(5) a place for the election judge to sign and date the |
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declaration; |
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(6) a place to note the polling place at which the |
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declaration is signed; and |
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(7) a place for the election judge to note which form |
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of identification prescribed by Subsection (b)(2) the voter |
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presented. |
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SECTION 2. Section 63.0013, Election Code, as added by |
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Chapter 410 (S.B. 5), Acts of the 85th Legislature, Regular |
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Session, 2017, is amended to read as follows: |
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Sec. 63.0013. FALSE STATEMENT ON [DECLARATION OF] |
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REASONABLE IMPEDIMENT AFFIDAVIT. (a) A person commits an offense |
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if the person intentionally makes a false statement or provides |
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false information on an affidavit [a declaration] executed under |
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Section 63.001(i) or encourages or enables another to do so. |
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(b) An offense under this section is a state jail felony. |
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SECTION 3. Section 63.004(a), Election Code, is amended to |
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read as follows: |
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(a) The secretary of state may prescribe forms that combine |
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the poll list, the signature roster, or any other form used in |
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connection with the acceptance of voters at polling places with |
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each other or with the list of registered voters. The secretary |
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shall prescribe any special instructions necessary for using the |
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combination forms. The combination forms must include space for an |
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election officer to indicate whether a voter executed a |
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[declaration of] reasonable impediment affidavit under Section |
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63.001(i). |
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SECTION 4. Sections 63.011(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) A person to whom Section 63.001(g) or (i) or 63.009 |
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applies may cast a provisional ballot if the person executes an |
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affidavit stating that the person: |
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(1) is a registered voter in the precinct in which the |
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person seeks to vote; and |
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(2) is eligible to vote in the election. |
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(b) A form for an affidavit required by this section must be |
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printed on an envelope in which the provisional ballot voted by the |
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person may be placed and must include: |
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(1) a space for entering the identification number of |
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the provisional ballot voted by the person; [and] |
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(2) a space for an election officer to indicate |
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whether the person presented a form of identification described by |
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Section 63.0101(a); and |
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(3) a space for an election officer to indicate |
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whether the person was accepted for voting under Section 63.001(i) |
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[63.0101]. |
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SECTION 5. Subchapter B, Chapter 65, Election Code, is |
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amended by adding Section 65.0521 to read as follows: |
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Sec. 65.0521. DUTY OF SECRETARY OF STATE. The secretary of |
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state shall prescribe procedures to establish a web portal by which |
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the early voting ballot board of the county in which a provisional |
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ballot is cast may search information provided to the secretary of |
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state by the Department of Public Safety to verify that a voter who |
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was accepted for voting under Section 63.001(i) and cast a |
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provisional ballot has not been issued identification by the |
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Department of Public Safety if the impediment indicated by the |
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voter is an impediment other than described by Section |
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63.001(i)(3)(D). |
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SECTION 6. Section 65.054, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (e) to read as |
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follows: |
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(b) A provisional ballot shall be accepted if the board |
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determines that: |
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(1) from the information in the affidavit or contained |
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in public records, the person is eligible to vote in the election |
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and has not previously voted in that election; |
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(2) the person: |
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(A) meets the identification requirements of |
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Section 63.001(b)(1) [63.001(b)] at the time the ballot was cast or |
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in the period prescribed under Section 65.0541 or meets the |
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identification requirements of Section 63.001(b)(2) at the time the |
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ballot was cast and the board verifies the person under Section |
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65.0521; |
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(B) notwithstanding Chapter 110, Civil Practice |
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and Remedies Code, executes an affidavit under penalty of perjury |
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that states the voter has a religious objection to being |
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photographed and the voter has consistently refused to be |
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photographed for any governmental purpose from the time the voter |
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has held this belief; or |
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(C) executes an affidavit under penalty of |
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perjury that states the voter does not have any identification |
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meeting the requirements of Section 63.001(b) as a result of a |
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natural disaster that was declared by the president of the United |
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States or the governor, occurred not earlier than 45 days before the |
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date the ballot was cast, and caused the destruction of or inability |
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to access the voter's identification; and |
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(3) the voter has not been challenged and voted a |
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provisional ballot solely because the voter did not meet the |
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requirements for identification prescribed by Section 63.001(b)(1) |
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[63.001(b)]. |
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(e) If the board determines that a voter who was accepted |
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for voting under Section 63.001(i) and cast a provisional ballot |
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has been issued identification by the Department of Public Safety |
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and Subsections (b)(2)(B) and (C) do not apply, the board shall |
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notify the county or district attorney and the attorney general for |
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prosecution. |
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SECTION 7. Section 272.011(b), Election Code, is amended to |
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read as follows: |
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(b) The secretary of state shall prepare the translation for |
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election materials required to be provided in a language other than |
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English or Spanish for the following state prescribed voter forms: |
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(1) voter registration application form required by |
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Section 13.002; |
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(2) the confirmation form required by Section 15.051; |
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(3) the voting instruction poster required by Section |
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62.011; |
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(4) the reasonable impediment affidavit [declaration] |
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required by Section 63.001(b); |
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(5) the statement of residence form required by |
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Section 63.0011; |
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(6) the provisional ballot affidavit required by |
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Section 63.011; |
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(7) the application for a ballot by mail required by |
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Section 84.011; |
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(8) the carrier envelope and voting instructions |
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required by Section 86.013; and |
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(9) any other voter forms that the secretary of state |
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identifies as frequently used and for which state resources are |
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otherwise available. |
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SECTION 8. Section 273.021, Election Code, is amended by |
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adding Subsection (a-1) and amending Subsection (b) to read as |
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follows: |
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(a-1) The attorney general may prosecute an offense under |
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Section 63.0013 or an offense of perjury under Chapter 37, Penal |
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Code, if the offense was committed in relation to voting under |
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Section 63.001(i). |
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(b) The attorney general may appear before a grand jury in |
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connection with an offense the attorney general is authorized to |
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prosecute under Subsection (a) or (a-1). |
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SECTION 9. This Act takes effect September 1, 2019. |