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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a voter to present proof of identification. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 31, Election Code, is |
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amended by adding Section 31.013 to read as follows: |
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Sec. 31.013. MOBILE LOCATIONS FOR OBTAINING |
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IDENTIFICATION. (a) The secretary of state shall establish a |
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program using mobile units to provide election identification |
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certificates to voters for the purpose of satisfying the |
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requirements of Section 63.001(b). A mobile unit may be used at |
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special events or at the request of a constituent group. |
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(b) In establishing the program, the secretary of state |
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shall consult with the Department of Public Safety on the creation |
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of the program, security relating to the issuance of an election |
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identification certificate, best practices in issuing an election |
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identification certificate, and equipment required to issue an |
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election identification certificate. |
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(c) The secretary of state may not charge a fee to a group |
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that requests a mobile unit established under this section. |
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(d) If the secretary of state cannot ensure the required |
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security or other necessary elements of the program, the secretary |
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of state may deny a request for a mobile unit established under this |
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section. |
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(e) The secretary of state shall adopt rules necessary for |
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the implementation of this section. |
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SECTION 2. Subchapter E, Chapter 31, Election Code, is |
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amended by adding Section 31.125 to read as follows: |
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Sec. 31.125. ELECTION IDENTIFICATION CERTIFICATES. (a) The |
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county clerk shall provide a location at the county clerk's office |
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and at each subcourthouse located in the county for the Department |
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of Public Safety to issue an election identification certificate |
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under Section 521A.001, Transportation Code, during all regular |
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business hours. |
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(b) The secretary of state shall negotiate an agreement that |
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the Department of Public Safety and each county clerk shall enter |
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into for the purpose of issuing election identification |
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certificates under this section. |
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SECTION 3. Section 63.001, Election Code, is amended by |
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amending Subsection (b) and adding Subsections (c-1) and (i) to |
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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 |
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[described by] Section 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 declaration described by Subsection |
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(i) [63.0101]. |
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(c-1) An election officer may not refuse to accept |
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documentation presented to meet the requirements of Subsection (b) |
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solely because the address on the documentation does not match the |
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address on the list of registered voters. |
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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 voting if the voter meets |
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the requirement for identification prescribed by Subsection (b)(2) |
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and executes a declaration under penalty of perjury declaring the |
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voter's identity. The secretary of state shall prescribe the |
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following form of the affidavit: |
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DECLARATION OF VOTER'S IDENTITY TO BE COMPLETED BY VOTER |
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Name: |
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VOTER'S DECLARATION OF IDENTITY |
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By signing this declaration, I swear or affirm under penalty of |
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perjury that my name is listed as ________________ on the official |
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voter registration list, that I am that person, and that I currently |
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reside at |
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___________________________________________________________ |
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Signature of VoterDate |
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Sworn to and subscribed before me this |
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_____ day of __________, 20___ |
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Presiding Judge _______________ |
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SECTION 4. Section 63.0101, Election Code, is amended to |
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read as follows: |
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Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. |
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(a) The following documentation is an acceptable form of photo |
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identification under this chapter: |
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(1) a driver's license[, election identification
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certificate,] or personal identification card issued to the person |
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by the Department of Public Safety or the equivalent agency of |
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another state [that has not expired or that expired no earlier than
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60 days before the date of presentation]; |
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(2) a United States military identification card that |
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contains the person's photograph [that has not expired or that
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expired no earlier than 60 days before the date of presentation]; |
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(3) a United States citizenship certificate issued to |
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the person that contains the person's photograph; |
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(4) a United States passport issued to the person |
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[that has not expired or that expired no earlier than 60 days before
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the date of presentation]; [or] |
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(5) a license to carry a handgun issued to the person |
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by the Department of Public Safety; |
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(6) an election identification certificate issued to |
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the person by the Department of Public Safety; |
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(7) a valid identification card that contains the |
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person's photograph and is issued by: |
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(A) an agency or institution of the federal |
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government; or |
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(B) an agency, institution, or political |
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subdivision of any state; |
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(8) a photo identification card issued to the person |
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by a municipal, county, or state governmental entity or the United |
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States for the purpose of obtaining public benefits, including |
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veteran's benefits, Medicaid, or Medicare; |
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(9) an official Native American tribal document that: |
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(A) contains the person's photograph; and |
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(B) is issued by a tribe that is federally |
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recognized; |
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(10) a student identification card issued by an |
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institution of higher education or a private or independent |
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institution of higher education as those terms are defined by |
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Section 61.003, Education Code, that contains the person's |
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photograph; or |
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(11) a United States Department of Veterans Affairs |
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identification card, including a Veteran Health Identification |
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Card, that contains the person's photograph [that has not expired
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or that expired no earlier than 60 days before the date of
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presentation]. |
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(b) The following documentation is acceptable as proof of |
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identification under this chapter: |
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(1) a government document that shows the name and |
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address of the voter, including the voter's voter registration |
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certificate; |
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(2) one of the following documents that shows the name |
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and address of the voter: |
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(A) a copy of a current utility bill; |
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(B) a bank statement; |
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(C) a government check; or |
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(D) a paycheck; or |
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(3) a certified copy of a domestic birth certificate |
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or other document confirming birth that is admissible in a court of |
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law and establishes the person's identity. |
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(c) A person 70 years of age or older may use a form of |
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identification listed in Subsection (a) that has expired for the |
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purposes of voting if the identification is otherwise valid. |
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(d) Except as provided by Subsection (c), a form of |
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acceptable identification listed by Subsection (a) that has not |
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expired or expired not earlier than four years before the date of |
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presentation may be used as an acceptable form of photo |
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identification if the identification is otherwise valid. |
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SECTION 5. Section 65.0541(a), Election Code, is amended to |
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read as follows: |
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(a) A voter who is accepted for provisional voting under |
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Section 63.011 because the voter does not meet the identification |
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requirements of Section 63.001(b) may, not later than the sixth day |
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after the date of the election: |
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(1) present [a form of identification described by
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Section 63.0101] to the voter registrar for examination: |
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(A) a form of identification described by Section |
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63.0101(a); or |
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(B) a form of identification described by Section |
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63.0101(b) accompanied by the declaration described by Section |
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63.001(i); or |
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(2) execute an affidavit described by Section |
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65.054(b)(2)(B) or (C) in the presence of the voter registrar. |
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SECTION 6. 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 declaration of voter's identity required by |
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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) [(5)] the provisional ballot affidavit required |
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by Section 63.011; |
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(7) [(6)] the application for a ballot by mail |
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required by Section 84.011; |
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(8) [(7)] the carrier envelope and voting |
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instructions required by Section 86.013; and |
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(9) [(8)] any other voter forms that the secretary of |
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state identifies as frequently used and for which state resources |
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are otherwise available. |
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SECTION 7. Section 521A.001(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department shall issue an election identification |
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certificate to a person who states that the person is obtaining the |
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certificate for the purpose of satisfying Section 63.001(b), |
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Election Code, and does not have another form of identification |
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described by Section 63.0101(a) [63.0101], Election Code, and: |
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(1) who is a registered voter in this state and |
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presents a valid voter registration certificate; or |
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(2) who is eligible for registration under Section |
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13.001, Election Code, and submits a registration application to |
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the department. |
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SECTION 8. This Act takes effect January 1, 2018. |