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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain citizens residing outside |
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the United States to vote a full ballot. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.001, Election Code, is amended to |
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read as follows: |
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Sec. 101.001. ELIGIBILITY. (a) A person is eligible for |
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early voting by mail as provided by this chapter if: |
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(1) the person is qualified to vote in this state or, |
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if not registered to vote in this state, would be qualified if |
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registered; and |
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(2) the person is: |
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(A) a member of the armed forces of the United |
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States, or the spouse or a dependent of a member; |
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(B) a member of the merchant marine of the United |
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States, or the spouse or a dependent of a member; or |
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(C) domiciled in this state but temporarily |
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living outside the territorial limits of the United States and the |
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District of Columbia. |
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(b) Notwithstanding Subsection (a) and Chapter 114, a |
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person who indicates on a federal postcard application that the |
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person is a United States citizen residing outside the United |
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States indefinitely is entitled to vote a full ballot as provided by |
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this chapter if the person is otherwise eligible to vote under this |
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chapter and is a registered voter at the address contained on the |
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application. |
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SECTION 2. Section 101.052, Election Code, is amended by |
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adding Subsection (n) to read as follows: |
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(n) The early voting clerk shall provide notice to a person |
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who indicates on a federal postcard application that the person is a |
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United States citizen residing outside the United States |
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indefinitely, other than a person described by Section 101.001(b), |
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that as a result of the person's indication, the person is only |
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eligible to vote a federal ballot as provided by Chapter 114. The |
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secretary of state shall prescribe the form and manner of the notice |
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provided under this subsection. |
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SECTION 3. Subchapter B, Chapter 101, Election Code, is |
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amended by adding Section 101.059 to read as follows: |
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Sec. 101.059. NOTICE ON COUNTY WEBSITE FOR CITIZENS |
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RESIDING OUTSIDE OF UNITED STATES INDEFINITELY. If a county |
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maintains an Internet website to provide information on voting, the |
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website must include information that describes the effects on the |
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ballot a person will receive under state law if the person indicates |
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on a federal postcard application that the person is a United States |
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citizen residing outside the United States indefinitely. |
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SECTION 4. Section 114.002, Election Code, is amended to |
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read as follows: |
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Sec. 114.002. ELIGIBILITY. A United States citizen |
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residing [dwelling] outside the United States is eligible to vote a |
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federal ballot by mail if: |
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(1) the citizen's most recent domicile in the United |
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States was in this state and the citizen is residing outside the |
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United States indefinitely [citizen's intent to return to this
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state is uncertain]; |
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(2) the citizen would be eligible for registration as |
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a voter in this state if a resident; and |
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(3) the citizen is not eligible to vote on federal |
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offices in any other state. |
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SECTION 5. The change in law made by this Act applies to a |
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federal postcard application that requests a ballot for an election |
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that is held on or after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2013. |