| 1 | 1 | | By: Hochberg H.B. No. 1457 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to procedures concerning voter registration. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 11, Election Code is amended by adding |
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| 9 | 9 | | Section 11.0005 to read as follows: Sec. 11.0005. GENERAL POLICY |
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| 10 | 10 | | REGARDING ELIGIBILITY. It is the policy of this state that no |
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| 11 | 11 | | qualified citizen shall be denied the right to vote due to |
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| 12 | 12 | | governmental clerical errors or due to technical defects on an |
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| 13 | 13 | | applicant's voter registration application as long as the |
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| 14 | 14 | | information on the application demonstrates that the citizen is |
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| 15 | 15 | | qualified to vote. |
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| 16 | 16 | | SECTION 2. Subchapter C, Chapter 13, Election Code, is |
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| 17 | 17 | | amended by adding Section 13.0725 to read as follows: |
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| 18 | 18 | | Sec 13.0725. PROCESS FOR VERIFICATION OF AN APPLICANT'S |
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| 19 | 19 | | TEXAS DRIVER'S LICENSE NUMBER, DEPARTMENT OF PUBLIC SAFETY ISSUED |
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| 20 | 20 | | PERSONAL IDENTIFICATION NUMBER, AND SOCIAL SECURITY NUMBER. (a) |
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| 21 | 21 | | The secretary of state shall adopt rules establishing standards for |
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| 22 | 22 | | the verification of information on a voter registration application |
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| 23 | 23 | | submitted by a registrar under Section 13.072(a)(2)(A). The rules |
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| 24 | 24 | | shall provide a process by which the Texas driver's license number |
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| 25 | 25 | | or Department of Public Safety issued personal identification card |
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| 26 | 26 | | number is deemed verified if a reasonable person would conclude |
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| 27 | 27 | | that the Texas driver's license number or Department of Public |
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| 28 | 28 | | Safety issued personal identification card number submitted is the |
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| 29 | 29 | | correct number for that applicant. |
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| 30 | 30 | | (b) The secretary of state shall provide the registrar with, |
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| 31 | 31 | | if available, the name and date of birth maintained by the |
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| 32 | 32 | | Department of Public Safety or other agency used in the |
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| 33 | 33 | | verification process for a submitted application that corresponds |
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| 34 | 34 | | to the Texas driver's license number, Department of Public Safety |
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| 35 | 35 | | issued personal identification card number, or social security |
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| 36 | 36 | | number submitted by the registrar for verification if: |
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| 37 | 37 | | (1) the secretary of state cannot verify the accuracy |
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| 38 | 38 | | of an applicant's Texas driver's license number, Department of |
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| 39 | 39 | | Public Safety issued personal identification card number, or social |
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| 40 | 40 | | security number as submitted by the registrar; or |
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| 41 | 41 | | (2) the secretary of state verifies the accuracy of |
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| 42 | 42 | | the number provided, but it is not a perfect match with the personal |
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| 43 | 43 | | information provided by the registrar. |
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| 44 | 44 | | (c) A registrar shall review an application returned by the |
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| 45 | 45 | | secretary of state under Subsection (b). If the registrar |
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| 46 | 46 | | determines that a governmental clerical error was made in |
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| 47 | 47 | | processing or submitting the application, the registrar shall |
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| 48 | 48 | | correct the record and submit the corrected record to the secretary |
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| 49 | 49 | | of state as notice of the correction, and for verification under |
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| 50 | 50 | | Section 13.072(a)(2) if an application was returned due to failure |
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| 51 | 51 | | to verify. |
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| 52 | 52 | | SECTION 3. Section 13.073(a), Election Code, is amended to |
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| 53 | 53 | | read as follows: (a) Except as provided by Subsection (b), the |
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| 54 | 54 | | registrar shall deliver written notice of the reason for the |
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| 55 | 55 | | rejection of an application to the applicant not later than the |
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| 56 | 56 | | second day after the date of rejection. If an application is |
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| 57 | 57 | | rejected for failure to verify under Section 13.072, the notice |
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| 58 | 58 | | shall indicate whether the last name, date of birth, Texas driver's |
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| 59 | 59 | | license number, Department of Public Safety issued personal |
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| 60 | 60 | | identification card number, or social security number was the |
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| 61 | 61 | | reason for the failure to verify, if that information is provided by |
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| 62 | 62 | | the secretary of state. |
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| 63 | 63 | | SECTION 4. Not later than January 1, 2010, the secretary of |
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| 64 | 64 | | state shall adopt rules establishing the standard the required by |
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| 65 | 65 | | Section 13.0725, Election Code, as added by this Act. |
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| 66 | 66 | | SECTION 5. This Act takes effect immediately if it receives |
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| 67 | 67 | | a vote of two-thirds of all the members elected to each house, as |
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| 68 | 68 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 69 | 69 | | Act does not receive the vote necessary for immediate effect, this |
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| 70 | 70 | | Act takes effect September 1, 2009. |
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