Bill Text: TX HB3081 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the requirements for a person who has recently moved to vote in the precinct of the person's former or current residence.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-05-16 - Left pending in committee [HB3081 Detail]
Download: Texas-2013-HB3081-Engrossed.html
83R23436 ADM-F | ||
By: Wu | H.B. No. 3081 |
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relating to the requirements for a person who has recently moved to | ||
vote in the precinct of the person's former or current residence. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 63.0011, Election Code, is amended by | ||
amending Subsection (a) and adding Subsections (b-1), (b-2), and | ||
(b-3) to read as follows: | ||
(a) Before a voter may be accepted for voting, an election | ||
officer shall ask the voter if the voter's residence address on the | ||
precinct list of registered voters is current and whether the voter | ||
has changed residence [ |
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is omitted from the precinct list under Section 18.005(c), the | ||
officer shall ask the voter if the voter's residence, if listed, on | ||
identification presented by the voter under Section 63.001(b) is | ||
current and whether the voter has changed residence [ |
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(b-1) If the voter's address is not current because the | ||
voter has changed residence to a different county within 30 days of | ||
the date of the election, the voter may vote, if otherwise eligible, | ||
in the election precinct in which the voter is registered. | ||
(b-2) In a joint election held in accordance with Chapter | ||
271, if the voter's address is not current because the voter has | ||
changed residence within the county, the voter may vote, if | ||
otherwise eligible, in the election precinct in which the voter is | ||
registered. A voter eligible under this subsection shall receive a | ||
joint election ballot according to the voter's registered residence | ||
address, notwithstanding Section 11.001(a)(2) or any other | ||
provision of this code. | ||
(b-3) The secretary of state shall adopt rules to ensure | ||
that a voter's pending registration is not canceled due to a vote | ||
cast by the voter voting under Subsection (b-1) or (b-2) in the | ||
precinct in which the voter is registered. | ||
SECTION 2. Section 112.002, Election Code, is amended by | ||
amending Subsections (a) and (d) and adding Subsection (d-1) to | ||
read as follows: | ||
(a) After changing residence to another county, a person is | ||
eligible to vote a limited ballot by personal appearance during the | ||
early voting period, on election day, or by mail if: | ||
(1) the person would have been eligible to vote in the | ||
county of former residence on election day if still residing in that | ||
county; | ||
(2) the person is registered to vote in the county of | ||
former residence at the time the person: | ||
(A) offers to vote in the county of new | ||
residence; or | ||
(B) submitted a voter registration application | ||
in the county of new residence; [ |
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(3) a voter registration for the person in the county | ||
of new residence is not effective on or before election day; and | ||
(4) for a person voting on election day, the person | ||
changed residence to the county not more than 30 days before | ||
election day. | ||
(d) A statement executed under Subsection (c) shall be | ||
submitted: | ||
(1) to an election officer at the main early voting | ||
polling place, if the person is voting by personal appearance; [ |
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(2) with the affidavit required under Subsection | ||
(d-1), to a person designated by the early voting clerk at the | ||
location used for the main early voting polling place, if the person | ||
is voting on election day; or | ||
(3) with the person's application for a ballot to be | ||
voted by mail, if the person is voting by mail. | ||
(d-1) A person voting on election day under this section | ||
shall: | ||
(1) execute an affidavit affirming that the person | ||
changed residence to the county not more than 30 days before | ||
election day; and | ||
(2) submit the affidavit together with the statement | ||
submitted by the person under Subsection (d). | ||
SECTION 3. Section 112.004, Election Code, is amended to | ||
read as follows: | ||
Sec. 112.004. OFFICES AND MEASURES ON WHICH VOTER ENTITLED | ||
TO VOTE. A person voting a limited ballot is entitled to vote only | ||
on: | ||
(1) each office and proposition stating a measure to | ||
be voted on statewide; and | ||
(2) if the person is not voting on election day, each | ||
office and proposition stating a measure to be voted on in a | ||
territorial unit of which the person was a resident both before | ||
changing county of residence and after the change. | ||
SECTION 4. Section 112.006, Election Code, is amended to | ||
read as follows: | ||
Sec. 112.006. PLACE FOR VOTING BY PERSONAL APPEARANCE OR ON | ||
ELECTION DAY. A person may vote a limited ballot by personal | ||
appearance only at the main early voting polling place. A person | ||
may vote a limited ballot on election day only at the location of | ||
the main early voting polling place. | ||
SECTION 5. Section 112.010(a), Election Code, is amended to | ||
read as follows: | ||
(a) If early voting by personal appearance is conducted by | ||
voting machine, the early voting clerk may conduct the personal | ||
appearance voting of limited ballots by using official ballots for | ||
early voting by mail. The early voting clerk may conduct voting of | ||
limited ballots on election day at the location of the main early | ||
voting polling place by using official ballots for early voting by | ||
mail. | ||
SECTION 6. This Act takes effect September 1, 2013. |