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A BILL TO BE ENTITLED
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AN ACT
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relating to voter registration; creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.002(c), Election Code, is amended to |
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read as follows: |
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(c) A registration application must include: |
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(1) the applicant's first name, middle name, if any, |
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last name, and former name, if any; |
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(2) the month, day, and year of the applicant's birth; |
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(3) a statement that the applicant is a United States |
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citizen; |
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(4) a statement that the applicant is a resident of the |
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county; |
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(5) a statement that the applicant has not been |
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determined by a final judgment of a court exercising probate |
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jurisdiction to be: |
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(A) totally mentally incapacitated; or |
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(B) partially mentally incapacitated without the |
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right to vote; |
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(6) a statement that the applicant has not been |
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finally convicted of a felony or that the applicant is a felon |
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eligible for registration under Section 13.001; |
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(7) the applicant's residence address or, if the |
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residence has no address, the address at which the applicant |
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receives mail and a concise description of the location of the |
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applicant's residence; |
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(8) [the following information: |
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[(A)] the applicant's Texas driver's license |
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number or the number of a personal identification card issued by the |
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Department of Public Safety; |
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[(B) if the applicant has not been issued a |
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number described by Paragraph (A), the last four digits of the |
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applicant's social security number; or |
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[(C) a statement by the applicant that the |
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applicant has not been issued a number described by Paragraph (A) or |
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(B);] |
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(9) if the application is made by an agent, a statement |
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of the agent's relationship to the applicant; and |
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(10) the city and county in which the applicant |
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formerly resided. |
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SECTION 2. Subchapter A, Chapter 13, Election Code, is |
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amended by adding Section 13.0071 to read as follows: |
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Sec. 13.0071. ILLEGAL REGISTRATION. (a) A person commits |
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an offense if the person knowingly or intentionally: |
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(1) applies to register as a voter in this state; and |
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(2) is not a United States citizen. |
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(b) An offense under this section is a felony of the second |
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degree. |
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(c) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 3. Section 13.072, 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) Unless the registrar challenges the applicant, the |
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registrar shall approve the application if: |
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(1) the registrar determines that an application |
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complies with Section 13.002 and indicates that the applicant is |
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eligible for registration; [and] |
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(2) [for an applicant who has not included a statement |
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described by Section 13.002(c)(8)(C),] the registrar verifies with |
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the secretary of state [: |
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[(A)] the applicant's Texas driver's license |
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number or number of a personal identification card issued by the |
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Department of Public Safety; and |
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(3) the registrar verifies the applicant's citizenship |
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[or |
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[(B) the last four digits of the applicant's |
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social security number]. |
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(a-1) The secretary of state shall prescribe any procedures |
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necessary to verify the citizenship of an applicant as required |
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under Subsection (a)(3). |
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SECTION 4. Section 13.122(a), Election Code, is amended to |
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read as follows: |
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(a) In addition to the other statements and spaces for |
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entering information that appear on an officially prescribed |
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registration application form, each official form must include: |
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(1) the statement: "I understand that giving false |
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information to procure a voter registration is perjury and a crime |
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under state and federal law."; |
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(2) a space for the applicant's registration number; |
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(3) a space for the applicant's Texas driver's license |
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number or number of a personal identification card issued by the |
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Department of Public Safety; |
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(4) a space for the applicant's telephone number; |
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(5) [a space for the applicant's social security |
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number; |
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[(6)] a space for the applicant's sex; |
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(6) [(7)] a statement indicating that the furnishing |
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of the applicant's telephone number and sex is optional; |
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(7) [(8)] a space or box for indicating whether the |
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applicant or voter is submitting new registration information or a |
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change in current registration information; |
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(8) [(9)] a statement instructing a voter who is using |
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the form to make a change in current registration information to |
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enter the voter's name and the changed information in the |
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appropriate spaces on the form; |
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(9) [(10)] a statement that if the applicant declines |
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to register to vote, that fact will remain confidential and will be |
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used only for voter registration purposes; |
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(10) [(11)] a statement that if the applicant does |
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register to vote, information regarding the agency or office to |
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which the application is submitted will remain confidential and |
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will be used only for voter registration purposes; |
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(11) [(12)] a space or box for indicating whether the |
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applicant is interested in working as an election judge; |
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(12) [(13)] a statement warning that a conviction for |
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making a false statement may result in imprisonment for up to the |
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maximum amount of time provided by law, a fine of up to the maximum |
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amount provided by law, or both the imprisonment and the fine; and |
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(13) [(14)] any other voter registration information |
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required by federal law or considered appropriate and required by |
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the secretary of state. |
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SECTION 5. Section 16.031(a), Election Code, is amended to |
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read as follows: |
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(a) The registrar shall cancel a voter's registration |
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immediately on receipt of: |
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(1) notice under Section 13.072(b), 15.021, or |
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18.0681(d) or a response under Section 15.053 that the voter's |
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residence is outside the county; |
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(2) an abstract of the voter's death certificate under |
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Section 16.001(a) or an abstract of an application indicating that |
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the voter is deceased under Section 16.001(b); |
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(3) an abstract of a final judgment of the voter's |
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total mental incapacity, partial mental incapacity without the |
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right to vote, conviction of a felony, or disqualification under |
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Section 16.002, 16.003, or 16.004; |
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(4) notice under Section 112.012 that the voter has |
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applied for a limited ballot in another county; |
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(5) notice from a voter registration official in |
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another state that the voter has registered to vote outside this |
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state; |
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(6) notice from the early voting clerk under Section |
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101.053 that a federal postcard application submitted by an |
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applicant states a voting residence address located outside the |
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registrar's county; or |
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(7) notice from the secretary of state that the voter |
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has registered to vote in another county, as determined by the |
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voter's driver's license number or personal identification card |
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number issued by the Department of Public Safety [or social |
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security number]. |
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SECTION 6. Sections 84.002(a) and (b-1), Election Code, are |
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amended to read as follows: |
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(a) An early voting ballot application must include: |
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(1) the applicant's name and the address at which the |
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applicant is registered to vote; |
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(1-a) for an applicant registered to vote under Chapter |
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13 before September 1, 2025, the following information: |
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(A) the number of the applicant's driver's |
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license, election identification certificate, or personal |
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identification card issued by the Department of Public Safety; |
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(B) if the applicant has not been issued a number |
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described by Paragraph (A), the last four digits of the applicant's |
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social security number; or |
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(C) a statement by the applicant that the |
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applicant has not been issued a number described by Paragraph (A) or |
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(B); |
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(1-b) for an applicant registered to vote under Chapter |
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13 on or after September 1, 2025, the number of the applicant's |
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driver's license, election identification certificate, or personal |
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identification card issued by the Department of Public Safety; |
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(2) for an application for a ballot to be voted by mail |
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on the ground of absence from the county of residence, the address |
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outside the applicant's county of residence to which the ballot is |
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to be mailed; |
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(3) for an application for a ballot to be voted by mail |
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on the ground of age or disability, the address of the hospital, |
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nursing home or other long-term care facility, or retirement |
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center, or of a person related to the applicant within the second |
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degree by affinity or the third degree by consanguinity, as |
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determined under Chapter 573, Government Code, if the applicant is |
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living at that address and that address is different from the |
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address at which the applicant is registered to vote; |
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(4) for an application for a ballot to be voted by mail |
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on the ground of confinement in jail, the address of the jail or of a |
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person related to the applicant within the degree described by |
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Subdivision (3); |
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(5) for an application for a ballot to be voted by mail |
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on any ground, an indication of each election for which the |
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applicant is applying for a ballot; |
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(6) an indication of the ground of eligibility for |
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early voting; and |
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(7) for an application for a ballot to be voted by mail |
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on the ground of involuntary civil commitment, the address of the |
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facility operated by or under contract with the Texas Civil |
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Commitment Office or of a person related to the applicant within the |
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degree of consanguinity described by Subdivision (3). |
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(b-1) A person may use the number of a driver's license, |
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election identification certificate, or personal identification |
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card that has expired for the purpose of fulfilling the requirement |
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under Subsection (a)(1-a) or (1-b) if the license or identification |
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is otherwise valid. |
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SECTION 7. 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; |
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(3-a) a space for entering the information required |
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under Section 84.002(a)(1-a) or (1-b); 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: |
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(i) a statement informing the applicant |
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that failure to furnish that information does not invalidate the |
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application; and |
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(ii) a statement prescribed by the |
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secretary of state explaining the benefits of furnishing that |
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information, including how that information assists the early |
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voting clerk; |
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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 or involuntary civil commitment |
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to indicate that the address to which the ballot is to be mailed is |
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the address of a relative described by Section 84.002(a)(4) or (7), |
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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) a statement informing the applicant of the |
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condition prescribed by Section 81.005; and |
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(I) a statement informing the applicant of the |
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requirement prescribed by Section 86.003(c). |
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SECTION 8. Section 84.014, Election Code, is amended to |
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read as follows: |
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Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN |
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APPLICATIONS. (a) If an applicant provides a date of birth or [,] |
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driver's license number [, or social security number] on the |
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applicant's application for an early voting ballot to be voted by |
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mail that is different from or in addition to the information |
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maintained by the voter registrar in accordance with Title 2, the |
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early voting clerk shall notify the voter registrar. The voter |
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registrar shall update the voter's record with the information |
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provided by the applicant. |
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(b) This subsection applies only to an applicant registered |
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to vote under Chapter 13 before September 1, 2025. If an applicant |
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provides a social security number on the applicant's application |
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for an early voting ballot to be voted by mail that is different |
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from the information maintained by the voter registrar in |
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accordance with Title 2, the early voting clerk shall notify the |
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voter registrar. The voter registrar shall update the voter's |
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record with the information provided by the applicant. |
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SECTION 9. Sections 86.001(f) and (f-1), Election Code, are |
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amended to read as follows: |
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(f) If the information required under Section |
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84.002(a)(1-a) or (1-b) included on the application does not |
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identify the same voter identified on the applicant's application |
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for voter registration under Section 13.002(c)(8), the clerk shall |
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reject the application. |
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(f-1) If an application is rejected under Subsection (f), |
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the clerk shall provide notice of the rejection in accordance with |
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Subsection (c). The notice must include information regarding the |
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ability to correct or add information required under Section |
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84.002(a)(1-a) or (1-b) through the online tool described by |
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Section 86.015(c). |
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SECTION 10. Section 86.002(g), Election Code, is amended to |
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read as follows: |
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(g) The carrier envelope must include a space that is hidden |
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from view when the envelope is sealed for the voter to enter the |
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following information: |
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(1) for a voter registered to vote under Chapter 13 |
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before September 1, 2025: |
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(A) the number of the voter's driver's license, |
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election identification certificate, or personal identification |
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card issued by the Department of Public Safety; |
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(B) [(2)] if the voter has not been issued a |
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number described by Subdivision (1), the last four digits of the |
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voter's social security number; or |
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(C) [(3)] a statement by the applicant that the |
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applicant has not been issued a number described by Subdivision (1) |
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or (2); and |
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(2) for a voter registered to vote under Chapter 13 on |
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or after September 1, 2025, the number of the voter's driver's |
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license, election identification certificate, or personal |
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identification card issued by the Department of Public Safety. |
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SECTION 11. Sections 86.015(b) and (c), Election Code, are |
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amended to read as follows: |
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(b) The online tool developed or provided under Subsection |
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(a) must require the voter to provide, before permitting the voter |
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to access information described by that subsection: |
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(1) for a voter registered to vote under Chapter 13 |
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before September 1, 2025: |
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(A) the voter's name and date of birth and the |
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last four digits of the voter's social security number; and |
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(B) [(2)] the voter's: |
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(i) [(A)] driver's license number; or |
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(ii) [(B)] personal identification card |
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number or election identification certificate number issued by the |
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Department of Public Safety; and |
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(2) for a voter registered to vote under Chapter 13 on |
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or after September 1, 2025: |
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(A) the voter's name and date of birth; and |
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(B) the voter's: |
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(i) driver's license number; or |
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(ii) personal identification card number or |
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election identification certificate number issued by the |
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Department of Public Safety. |
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(c) An online tool used under this section must: |
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(1) for each election, record: |
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(A) each application for a ballot to be voted by |
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mail received by the clerk; and |
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(B) each carrier envelope sent to a voter by the |
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clerk; |
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(2) for each carrier envelope, record or assign a |
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serially numbered and sequentially issued barcode or tracking |
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number that is unique to each envelope; |
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(3) update the applicable Internet website as soon as |
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practicable after each of the following events occurs: |
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(A) receipt by the early voting clerk of the |
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person's application for a ballot to be voted by mail; |
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(B) acceptance or rejection by the early voting |
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clerk of the person's application for a ballot to be voted by mail; |
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(C) placement in the mail by the early voting |
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clerk of the person's official ballot; |
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(D) receipt by the early voting clerk of the |
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person's marked ballot; and |
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(E) acceptance or rejection by the early voting |
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ballot board of a person's marked ballot; and |
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(4) allow a voter to add or correct information |
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required under Section 84.002(a)(1-a) or (1-b) or Section |
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86.002(g). |
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SECTION 12. Section 87.0271(a), Election Code, is amended |
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to read as follows: |
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(a) This section applies to an early voting ballot voted by |
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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; |
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(3) missing any required statement of residence; |
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(4) missing information or containing incorrect |
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information required under Section 84.002(a)(1-a) or (1-b) or |
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Section 86.002; or |
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(5) containing incomplete information with respect to |
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a witness. |
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SECTION 13. Section 87.0411(a), Election Code, is amended |
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to read as follows: |
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(a) This section applies to an early voting ballot voted by |
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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; |
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(3) missing any required statement of residence; |
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(4) missing information or containing incorrect |
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information required under Section 84.002(a)(1-a) or (1-b) or |
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Section 86.002; or |
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(5) containing incomplete information with respect to |
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a witness. |
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SECTION 14. Section 101.053, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) If an applicant provides a date of birth or [,] driver's |
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license number [, or social security number] on the applicant's |
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federal postcard application that is different from or in addition |
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to the information maintained by the voter registrar in accordance |
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with Title 2, the early voting clerk shall notify the voter |
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registrar. The voter registrar shall update the voter's record |
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with the information provided by the applicant. |
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(b-1) This subsection applies only to an applicant |
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registered to vote before September 1, 2025. If an applicant |
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provides a social security number on the applicant's federal |
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postcard application that is different from the information |
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maintained by the voter registrar in accordance with Title 2, the |
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early voting clerk shall notify the voter registrar. The voter |
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registrar shall update the voter's record with the information |
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provided by the applicant. |
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SECTION 15. The following provisions of the Election code |
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are repealed: |
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(1) Section 13.004(b); and |
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(2) Section 13.122(c). |
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SECTION 16. This Act takes effect September 1, 2025. |