1 TAC §81.71
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Office of the Secretary of State proposes the
repeal of §81.71 concerning use of an election worker affidavit in lieu
of identification. The repeal is necessary to establish conformity between
state election voter identification requirements and the voter identification
requirements of the federal Help America Vote Act of 2002. The rule had allowed
election judges and clerks to attest to a voter's identity if the voter had
no other form of identification.
Ann McGeehan, Director of Elections, has determined that for the first
five-year period the repeal is in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering the
repeal.
Ms. McGeehan has determined also that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of enforcing
the repeal will be eliminating possible confusion from a rule whose statutory
rationale, Section 63.010 of the Code, has been repealed.
Comments on the proposal may be submitted to the Office of the Secretary
of State, Ann McGeehan, Director of Elections, P.O. Box 12060, Austin, Texas
78711.
The repeal is proposed under the Texas Election Code, §31.003,
which provides the Office of the Secretary of State with the authority to
obtain and maintain uniformity in the application, interpretation, and operation
of provisions under the Texas Election Code and other election laws.
The Texas Election Code, Chapter 63.0101, is affected by this proposed
repeal.
§81.71.Use of Affidavit by Election Official in Lieu of Identification at Polling Place.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 11, 2005.
TRD-200501112
Ann McGeehan
Director of Elections
Office of the Secretary of State
Earliest possible date of adoption: April 24, 2005
For further information, please call: (512) 463-5650