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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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providing a criminal penalty. |
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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. Section 63.001, Election Code, is amended by |
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amending Subsections (b), (d), and (e) and adding Subsection (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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(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 election |
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officer may not question the reasonableness of an impediment sworn |
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to by a voter in a declaration described by 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 to meet the requirement for identification |
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under Subsection (b), the election officer must affix the voter's |
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voter registration number to the declaration either in numeric or |
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bar code form. |
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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 declaring the voter has a reasonable |
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impediment to meeting the requirement for identification |
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prescribed by Subsection (b)(1). A person is subject to |
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prosecution for perjury under Chapter 37, Penal Code, or Section |
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63.0013 for a false statement or false information on the |
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declaration. The secretary of state shall prescribe the form of the |
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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 3. Chapter 63, Election Code, is amended by adding |
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Section 63.0013 to read as follows: |
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Sec. 63.0013. FALSE STATEMENT ON DECLARATION OF REASONABLE |
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IMPEDIMENT. (a) A person commits an offense if the person |
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knowingly makes a false statement or provides false information on |
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a declaration executed under Section 63.001(i). |
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(b) An offense under this section is a felony of the third |
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degree. |
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SECTION 4. 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 declaration |
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of reasonable impediment under Section 63.001(i). |
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SECTION 5. 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 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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(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 that |
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has not expired or that expired no earlier than 60 days before the |
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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 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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(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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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 reasonable impediment declaration 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. |
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* * * * * |