| (a) At all elections, the following individuals shall
be eligible to cast a provisional ballot.
(1) A voter who does not provide an acceptable form
of identification described by §63.0101 of the Texas Election
Code (the "Code"), regardless of whether the voter presents a valid
voter registration certificate.
(2) A voter whose name on the acceptable form of identification
is determined by the polling place official to not exactly match or
be substantially similar to the name as it appears on the official
list of registered voters.
(3) A voter whose identity cannot be verified by the
identification presented by the voter, as determined by the polling
place official per §63.001(d) of the Code.
(4) A voter who has received a disability exemption
under §13.002(i) of the Code, but does not have or otherwise
fails to present the voter's voter registration certificate indicating
such exemption.
(5) Under §63.009 of the Code, a voter who claims
to be properly registered and eligible to vote at the election precinct
where the voter presents himself or herself to vote, but the voter's
name does not appear on the precinct list of registered voters and
the voter does not present a voter registration certificate indicating
that the voter is currently registered (as described in §63.006
of the Code).
(6) A voter who has applied for a ballot by mail, but
has not yet properly cancelled the mail ballot application.
(7) A voter who votes during the polling hours that
are extended by a state or federal court as described in §63.011(e)
of the Code.
(8) A voter who is registered to vote but attempting
to vote in a precinct other than the one in which the voter is registered.
(9) A voter who is on the election precinct list of
registered voters, but whose registered residence address is outside
the political subdivision in which the voter is presenting himself
or herself to vote.
(10) Other _________________(with an explanation).
(b) A voter is not required to vote provisionally and
may vote a regular ballot if the voter's name does not appear on the
precinct list of registered voters, but the voter presents an acceptable
form of identification described by §63.0101 of the Code and,
in accordance with §63.006 of the Code:
(1) presents a current registration certificate indicating
the voter is registered in the precinct; or
(2) presents a current registration certificate indicating
the voter is a resident of a precinct other than the one in which
the voter is offering to vote and completes an affidavit stating the
voter is:
(A) a resident of the precinct in which the voter is
offering to vote or otherwise entitled by law to vote in the precinct;
(B) was a resident of the precinct in which the voter
is offering to vote at the time the information on the voter's residence
address was last offered to the voter registrar;
(C) did not deliberately provide false information
to secure registration in a precinct in which the voter does not reside;
and
(D) is voting only once in the election.
(c) A person voting by mail may not vote a provisional
ballot.
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