Texas 2009 - 81st Regular

Texas House Bill HB1821 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R333 DRH-D
2	2	By: Davis of Harris H.B. No. 1821
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring a voter to be affiliated with a political
8	8	party to vote in that party's primary election or otherwise
9	9	participate in that party's affairs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 13.002(c), Election Code, is amended to
12	12	read as follows:
13	13	(c) A registration application must include:
14	14	(1) the applicant's first name, middle name, if any,
15	15	last name, and former name, if any;
16	16	(2) the month, day, and year of the applicant's birth;
17	17	(3) a statement that the applicant is a United States
18	18	citizen;
19	19	(4) a statement that the applicant is a resident of the
20	20	county;
21	21	(5) a statement that the applicant has not been
22	22	determined by a final judgment of a court exercising probate
23	23	jurisdiction to be:
24	24	(A) totally mentally incapacitated; or
25	25	(B) partially mentally incapacitated without the
26	26	right to vote;
27	27	(6) a statement that the applicant has not been
28	28	finally convicted of a felony or that the applicant is a felon
29	29	eligible for registration under Section 13.001;
30	30	(7) the applicant's residence address or, if the
31	31	residence has no address, the address at which the applicant
32	32	receives mail and a concise description of the location of the
33	33	applicant's residence;
34	34	(8) the following information:
35	35	(A) the applicant's Texas driver's license number
36	36	or the number of a personal identification card issued by the
37	37	Department of Public Safety or a statement by the applicant that the
38	38	applicant has not been issued a driver's license or personal
39	39	identification card; or
40	40	(B) if the applicant has not been issued a number
41	41	described by Paragraph (A), the last four digits of the applicant's
42	42	social security number or a statement by the applicant that the
43	43	applicant has not been issued a social security number;
44	44	(9) if the application is made by an agent, a statement
45	45	of the agent's relationship to the applicant; [and]
46	46	(10) the city and county in which the applicant
47	47	formerly resided; and
48	48	(11) the applicant's political party affiliation, if
49	49	any.
50	50	SECTION 2. Section 13.122(a), Election Code, is amended to
51	51	read as follows:
52	52	(a) In addition to the other statements and spaces for
53	53	entering information that appear on an officially prescribed
54	54	registration application form, each official form must include:
55	55	(1) the statement: "I understand that giving false
56	56	information to procure a voter registration is perjury and a crime
57	57	under state and federal law.";
58	58	(2) a space for the applicant's registration number;
59	59	(3) a space for the applicant's Texas driver's license
60	60	number or number of a personal identification card issued by the
61	61	Department of Public Safety;
62	62	(4) a space for the applicant's telephone number;
63	63	(5) a space for the applicant's social security
64	64	number;
65	65	(6) a space for the applicant's sex;
66	66	(7) a statement indicating that the furnishing of the
67	67	applicant's telephone number and sex is optional;
68	68	(8) a space or box for indicating whether the
69	69	applicant or voter is submitting new registration information or a
70	70	change in current registration information;
71	71	(9) a statement instructing a voter who is using the
72	72	form to make a change in current registration information to enter
73	73	the voter's name and the changed information in the appropriate
74	74	spaces on the form;
75	75	(10) a statement that if the applicant declines to
76	76	register to vote, that fact will remain confidential and will be
77	77	used only for voter registration purposes;
78	78	(11) a statement that if the applicant does register
79	79	to vote, information regarding the agency or office to which the
80	80	application is submitted will remain confidential and will be used
81	81	only for voter registration purposes;
82	82	(12) a space or box for indicating whether the
83	83	applicant is interested in working as an election judge;
84	84	(13) a statement warning that a conviction for making
85	85	a false statement may result in imprisonment for up to the maximum
86	86	amount of time provided by law, a fine of up to the maximum amount
87	87	provided by law, or both the imprisonment and the fine; [and]
88	88	(14) a space for the applicant's political party
89	89	affiliation; and
90	90	(15) any other voter registration information
91	91	required by federal law or considered appropriate and required by
92	92	the secretary of state.
93	93	SECTION 3. Section 15.001(a), Election Code, is amended to
94	94	read as follows:
95	95	(a) Each voter registration certificate issued must
96	96	contain:
97	97	(1) the voter's name in the form indicated by the
98	98	voter, subject to applicable requirements prescribed by Section
99	99	13.002 and by rule of the secretary of state;
100	100	(2) the voter's residence address or, if the residence
101	101	has no address, the address at which the voter receives mail and a
102	102	concise description of the location of the voter's residence;
103	103	(3) the month, day, and year of the voter's birth;
104	104	(4) the number of the county election precinct in
105	105	which the voter resides;
106	106	(5) the voter's effective date of registration if an
107	107	initial certificate;
108	108	(6) the voter's registration number;
109	109	(7) an indication of the period for which the
110	110	certificate is issued;
111	111	(8) a statement explaining the circumstances under
112	112	which the voter will receive a new certificate;
113	113	(9) a space for indicating [stamping] the voter's
114	114	political party affiliation;
115	115	(10) a statement that voting with the certificate by a
116	116	person other than the person in whose name the certificate is issued
117	117	is a felony;
118	118	(11) a space for the voter's signature;
119	119	(12) a statement that the voter must sign the
120	120	certificate personally, if able to sign, immediately on receipt;
121	121	(13) a space for the voter to correct the information
122	122	on the certificate followed by a signature line;
123	123	(14) the statement: "If any information on this
124	124	certificate changes or is incorrect, correct the information in the
125	125	space provided, sign below, and return this certificate to the
126	126	voter registrar.";
127	127	(15) the registrar's mailing address and telephone
128	128	number; and
129	129	(16) the jurisdictional or distinguishing number for
130	130	the following territorial units in which the voter resides, as
131	131	determined by the voter registrar:
132	132	(A) congressional district;
133	133	(B) state senatorial district;
134	134	(C) state representative district;
135	135	(D) commissioners precinct;
136	136	(E) justice precinct;
137	137	(F) city election precinct; and
138	138	(G) school district election precinct.
139	139	SECTION 4. Section 15.025(a), Election Code, is amended to
140	140	read as follows:
141	141	(a) Except as provided by Subsections (b) and (d) and
142	142	Section 162.003(d), the registration of a voter described by this
143	143	subsection whose information is changed on the registration records
144	144	becomes effective as to the change on the 30th day after:
145	145	(1) the date the voter submits to the registrar a
146	146	notice of a change in registration information under Section
147	147	15.021 or a response under Section 15.053, indicating the change;
148	148	or
149	149	(2) the date the voter submits a statement of
150	150	residence to an election officer under Section 63.0011 or a
151	151	registration application or change of address to an agency employee
152	152	under Chapter 20, indicating the change.
153	153	SECTION 5. Section 18.005(a), Election Code, as amended by
154	154	Chapters 594 and 1295, Acts of the 80th Legislature, Regular
155	155	Session, 2007, is reenacted and amended to read as follows:
156	156	(a) Each original and supplemental list of registered
157	157	voters must:
158	158	(1) contain the voter's name, [or substitute post
159	159	office box address, if required by Section 18.0051] date of birth,
160	160	and registration number as provided by the statewide computerized
161	161	voter registration list;
162	162	(2) contain the voter's residence address, except as
163	163	provided by Subsections (b) and (c) or Section 18.0051;
164	164	(3) be arranged alphabetically by voter name; [and]
165	165	(4) contain the notation required by Section 15.111;
166	166	and
167	167	(5) contain the political party affiliation of each
168	168	voter, if any.
169	169	SECTION 6. Section 63.011(a), Election Code, is amended to
170	170	read as follows:
171	171	(a) A person to whom Section 63.008(b), [or] 63.009(a), or
172	172	Section 172.1113(c) applies may cast a provisional ballot if the
173	173	person executes an affidavit stating that the person:
174	174	(1) is a registered voter in the precinct in which the
175	175	person seeks to vote; and
176	176	(2) is eligible to vote in the election.
177	177	SECTION 7. Section 112.002, Election Code, is amended by
178	178	adding Subsection (g) to read as follows:
179	179	(g) If the voter seeks a limited ballot for a party primary
180	180	election, the voter must indicate the political party the voter was
181	181	affiliated with at the address where the voter was previously
182	182	registered on the statement executed under Subsection (c). If the
183	183	early voting clerk can establish the voter's affiliation from the
184	184	previous registration, the voter is entitled to vote a limited
185	185	ballot in that party's primary.
186	186	SECTION 8. Section 142.004(a), Election Code, is amended to
187	187	read as follows:
188	188	(a) To be entitled to a place on the general election
189	189	ballot, a candidate must:
190	190	(1) make an application for a place on the ballot; and
191	191	(2) not be affiliated with a political party at the
192	192	time the application is made.
193	193	SECTION 9. Section 142.008, Election Code, is amended to
194	194	read as follows:
195	195	Sec. 142.008. STATEMENT ON PETITION. The following
196	196	statement must appear at the top of each page of a candidate's
197	197	petition: "I know the purpose of this petition. I am not
198	198	affiliated with a political party that holds a primary election
199	199	[have not voted in the general primary election or runoff primary
200	200	election of any political party that has nominated, at either
201	201	election, a candidate for the office of (insert office title) for
202	202	which (insert candidate's name) is a candidate]."
203	203	SECTION 10. Section 142.009, Election Code, is amended to
204	204	read as follows:
205	205	Sec. 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. A
206	206	signature on a candidate's petition is invalid if the signer:
207	207	(1) signed the petition on or before general primary
208	208	election day or, if a runoff primary is held for the office sought
209	209	by the candidate, on or before runoff primary election day; or
210	210	(2) is affiliated with a political party that holds a
211	211	primary election [voted in the general or runoff primary election
212	212	of a political party that made a nomination, at either primary, for
213	213	the office sought by the candidate].
214	214	SECTION 11. Section 161.005(a), Election Code, is amended
215	215	to read as follows:
216	216	(a) To be eligible to be a candidate for or to serve as a
217	217	county or precinct chair of a political party, a person must:
218	218	(1) be a qualified voter of the county and affiliated
219	219	with that political party; and
220	220	(2) not be a candidate for nomination or election to,
221	221	or be the holder of, an elective office of the federal, state, or
222	222	county government.
223	223	SECTION 12. Section 162.001, Election Code, is amended to
224	224	read as follows:
225	225	Sec. 162.001. AFFILIATION WITH PARTY REQUIRED. [(a)] A
226	226	person must be affiliated with a political party to be eligible to:
227	227	(1) serve as a delegate to or otherwise participate in
228	228	a convention held by the party under this code;
229	229	(2) be elected as a member of or be appointed to fill a
230	230	vacancy on a state executive committee; [or]
231	231	(3) be appointed to fill a vacancy on a county
232	232	executive committee;
233	233	(4) vote in the party's primary election;
234	234	(5) be a candidate in the party's primary election;
235	235	(6) be the party's nominee for an office elected at the
236	236	general election for state and county officers; or
237	237	(7) be a presidential elector for the political party.
238	238	[(b) The affiliation requirement prescribed by Subsections
239	239	(a)(2) and (3) applies only during a voting year in which the
240	240	general election for state and county officers is held and does not
241	241	apply until:
242	242	[(1) general primary election day, for a party holding
243	243	a primary election; or
244	244	[(2) the date of the precinct conventions held under
245	245	this title, for a party nominating by convention.]
246	246	SECTION 13. Section 162.003, Election Code, is amended to
247	247	read as follows:
248	248	Sec. 162.003. AFFILIATION PROCEDURE [BY VOTING IN
249	249	PRIMARY]. (a) A person becomes affiliated with a political party
250	250	when the person notifies the registrar of the person's
251	251	affiliation[:
252	252	[(1) is accepted to vote in the party's primary
253	253	election; or
254	254	[(2) applies for and is provided an early voting or
255	255	limited primary ballot to be voted by mail].
256	256	(b) At the time a person registers to vote the person may:
257	257	(1) affiliate with a political party that holds a
258	258	primary election or a political party that makes its nominations by
259	259	convention regardless of whether the party has a state
260	260	organization; or
261	261	(2) indicate no affiliation with any political party.
262	262	(c) A registered voter who does not indicate an affiliation
263	263	with a political party of this state shall be listed as
264	264	"independent" on the voter's registration certificate and on the
265	265	list of registered voters.
266	266	(d) A registered voter may change the voter's affiliation
267	267	status by notifying the registrar as provided by Section 15.021.
268	268	The change becomes effective:
269	269	(1) in an odd-numbered year, the 30th day after the
270	270	date the voter submits notice of the change to the registrar under
271	271	Section 15.021; or
272	272	(2) in an even-numbered year:
273	273	(A) if the change is submitted on or before the
274	274	31st day before the date of the general primary, the 30th day after
275	275	the date the voter submits notice of the change; or
276	276	(B) for a change submitted after the time
277	277	described in Paragraph (A), January 1 of the following year.
278	278	(e) A person may also indicate a party affiliation at the
279	279	time the person submits a federal postcard application under
280	280	Chapter 101. For an application that indicates a party preference
281	281	submitted by a person:
282	282	(1) who is not a registered voter, the affiliation
283	283	takes effect on the earlier of:
284	284	(A) the first election at which the person is
285	285	eligible to vote following the submission of the application; or
286	286	(B) the 30th day after the day the application is
287	287	received; and
288	288	(2) who is a registered voter, any change in
289	289	affiliation takes effect at the time provided for a change under
290	290	Subsection (d).
291	291	(f) The secretary of state shall prescribe any additional
292	292	procedures necessary to implement this section.
293	293	SECTION 14. Section 162.010, Election Code, is amended to
294	294	read as follows:
295	295	Sec. 162.010. DURATION OF AFFILIATION. A party affiliation
296	296	expires on cancellation of a voter's registration or at the time a
297	297	change in affiliation takes effect under Section 162.003(d) [at the
298	298	end of the voting year in which the person became affiliated].
299	299	SECTION 15. Section 162.013, Election Code, is amended to
300	300	read as follows:
301	301	Sec. 162.013. VOID VOTE. A vote in a primary election is
302	302	void if the voter is not affiliated with the political party holding
303	303	the primary [previously voted in a primary election of another
304	304	party or participated in a convention of another party during the
305	305	same voting year].
306	306	SECTION 16. Section 162.014(a), Election Code, is amended
307	307	to read as follows:
308	308	(a) A person commits an offense if the person knowingly
309	309	votes or attempts to vote in a primary election or participates or
310	310	attempts to participate in a convention of a party without being
311	311	affiliated with that party [after having voted in a primary
312	312	election or participated in a convention of another party during
313	313	the same voting year].
314	314	SECTION 17. Section 172.021, Election Code, is amended by
315	315	amending Subsection (b) and adding Subsections (b-1) and (h) to
316	316	read as follows:
317	317	(b) In [An application must, in] addition to complying with
318	318	Section 141.031, an application must:
319	319	(1) indicate that, at the time of the application, the
320	320	applicant is affiliated with the political party whose nomination
321	321	for office the candidate seeks; and
322	322	(2) be accompanied by the appropriate filing fee or a
323	323	petition in lieu of the filing fee that satisfies the requirements
324	324	prescribed by Section 141.062.
325	325	(b-1) A political party may not require payment of a fee
326	326	under this section as a condition to applying for a place on the
327	327	ballot as a candidate for county chair or precinct chair.
328	328	(h) A signature on a petition under this section is not
329	329	valid if at the time of signing the signer is affiliated with a
330	330	political party other than the party whose nomination for office
331	331	the candidate seeks. A signature on a petition under this section
332	332	is valid if at the time of signing the signer is unaffiliated with a
333	333	political party.
334	334	SECTION 18. Section 172.026, Election Code, is amended to
335	335	read as follows:
336	336	Sec. 172.026. RESTRICTION ON PETITION SIGNER. On signing a
337	337	petition to be filed under Section 172.021, the signer becomes
338	338	ineligible to affiliate with [vote in a primary election or
339	339	participate in a convention of] another political party during the
340	340	voting year in which the primary election is held.
341	341	SECTION 19. Section 172.027, Election Code, is amended to
342	342	read as follows:
343	343	Sec. 172.027. STATEMENT ON PETITION. The following
344	344	statement must appear at the top of each page of a petition to be
345	345	filed under Section 172.021: "I know that the purpose of this
346	346	petition is to entitle (insert candidate's name) to have his or her
347	347	name placed on the ballot for the office of (insert office title,
348	348	including any place number or other distinguishing number) for the
349	349	(insert political party's name) primary election. I understand
350	350	that by signing this petition I become ineligible to affiliate
351	351	with, vote in a primary election, or participate in a convention of
352	352	another party, including a party not holding a primary election,
353	353	during the voting year in which this primary election is held."
354	354	SECTION 20. Section 172.086, Election Code, is amended to
355	355	read as follows:
356	356	Sec. 172.086. PLEDGE ON BALLOT. The following pledge shall
357	357	be placed on the primary election ballot above the listing of
358	358	candidates' names: "I am a (insert appropriate political party)
359	359	and understand that I am ineligible to affiliate with another
360	360	political party or to vote or participate in another political
361	361	party's primary election or convention during this voting year."
362	362	SECTION 21. Section 172.088(c), Election Code, is amended
363	363	to read as follows:
364	364	(c) A petition signer may not at the time of signing be
365	365	affiliated with another political party. A political party by rule
366	366	may provide for permitting voters who are not affiliated with any
367	367	political party to be eligible to sign a petition under this section
368	368	[restricting petition signers on the basis of party alignment or
369	369	preference].
370	370	SECTION 22. Subchapter E, Chapter 172, Election Code, is
371	371	amended by adding Section 172.1113 to read as follows:
372	372	Sec. 172.1113. AFFILIATION WITH PARTY REQUIRED. (a) The
373	373	signature roster for a primary election must state at the top of
374	374	each page "A person commits a criminal offense if the person
375	375	knowingly votes in a primary election or participates in a
376	376	convention of a party without being affiliated with that party."
377	377	(b) Except as provided by Subsection (c), a person may not
378	378	be accepted for voting in a primary election of a political party
379	379	unless:
380	380	(1) the list of registered voters indicates that the
381	381	person is affiliated with that political party; or
382	382	(2) the voter's registration certificate indicates
383	383	that the voter is affiliated with that political party.
384	384	(c) A person who seeks to vote in a primary election but
385	385	cannot establish the person's party affiliation under Subsection
386	386	(b) may be accepted only for provisional voting under Section
387	387	63.011.
388	388	SECTION 23. Section 172.126(g), Election Code, is amended
389	389	to read as follows:
390	390	(g) A separate set of ballot boxes or other suitable
391	391	containers approved by the secretary of state shall be used for each
392	392	party's primary, except that one set of ballot boxes or other
393	393	containers may be used in a joint primary using an electronic voting
394	394	system in which the ballots are deposited by the voters directly
395	395	into a unit of automatic tabulating equipment. [The lists of
396	396	registered voters and the voters' registration certificates shall
397	397	be marked and stamped to show the appropriate party affiliation for
398	398	each voter.] A separate list of registered voters shall be used for
399	399	each party's primary. The secretary of state by rule shall
400	400	prescribe requirements to ensure that one party's ballot is readily
401	401	distinguished from another's, which may include the use of
402	402	different colors of ink.
403	403	SECTION 24. Sections 181.006(f) and (g), Election Code, are
404	404	amended to read as follows:
405	405	(f) The following statement must appear at the top of each
406	406	page of the petition: "I know that the purpose of this petition is
407	407	to entitle the _______ Party to have its nominees placed on the
408	408	ballot in the general election for state and county officers. I am
409	409	not affiliated with another political party. [I have not voted in
410	410	a primary election or participated in a convention of another party
411	411	during this voting year, and I understand that I become ineligible
412	412	to do so by signing this petition.] I understand that signing more
413	413	than one petition to entitle a party to have its nominees placed on
414	414	the general election ballot in the same election is prohibited."
415	415	(g) A person who is affiliated with another political party
416	416	[has voted in a primary election or participated in a convention of
417	417	another party during the voting year in which the petition is
418	418	circulated] is ineligible to sign the petition, and the signature
419	419	of such a person is invalid.
420	420	SECTION 25. Section 181.031(a), Election Code, is amended
421	421	to read as follows:
422	422	(a) To be entitled to be considered for nomination by a
423	423	convention held under this chapter, a person must:
424	424	(1) make an application for nomination; and
425	425	(2) be affiliated with the political party whose
426	426	nomination for office the candidate seeks.
427	427	SECTION 26. Section 181.065, Election Code, is amended to
428	428	read as follows:
429	429	Sec. 181.065. PARTICIPANT TO BE AFFILIATED WITH PARTY
430	430	[REGISTERED VOTER]. To be eligible to participate in a precinct
431	431	convention held under this chapter, a person must be affiliated
432	432	with the political party [a registered voter of the precinct or a
433	433	precinct resident who is eligible to vote a limited ballot].
434	434	SECTION 27. Section 182.0041(a), Election Code, is amended
435	435	to read as follows:
436	436	(a) To be entitled to be considered for nomination by a
437	437	convention held under this chapter, a person must:
438	438	(1) make an application for nomination; and
439	439	(2) be affiliated with the political party whose
440	440	nomination for office the candidate seeks.
441	441	SECTION 28. Sections 192.032(f) and (g), Election Code, are
442	442	amended to read as follows:
443	443	(f) The following statement must appear at the top of each
444	444	page of the petition: "I am not affiliated with a political party
445	445	that has held [did not vote this year in] a presidential primary
446	446	election this year."
447	447	(g) A signature on the petition is invalid if the signer:
448	448	(1) signs the petition on or before the date of the
449	449	presidential primary election in the presidential election year; or
450	450	(2) is affiliated with a political party that has held
451	451	[voted in] a presidential primary election during the presidential
452	452	election year.
453	453	SECTION 29. Section 203.011, Election Code, is amended to
454	454	read as follows:
455	455	Sec. 203.011. PARTY ALIGNMENT ON BALLOT. The party
456	456	alignment of each candidate shall be printed on the official ballot
457	457	next to the candidate's name. If a candidate is affiliated with a
458	458	political party, that party shall be printed next to the
459	459	candidate's name regardless of the party alignment provided on the
460	460	application under Section 203.005(b).
461	461	SECTION 30. Sections 162.004, 162.005, 162.006, 162.007,
462	462	162.008, 162.009, 162.011, 162.012, 172.1141, and 172.125,
463	463	Election Code, are repealed.
464	464	SECTION 31. (a) Not later than October 1, 2009, the voter
465	465	registrar of each county shall mail to each registered voter in the
466	466	county notice of the affiliation requirement necessary to vote in a
467	467	party primary election or to participate in the affairs of a
468	468	political party. The notice must:
469	469	(1) inform the voter that to vote in a party primary
470	470	election or to otherwise participate in the affairs of a political
471	471	party the voter must be affiliated with that party;
472	472	(2) inform the voter of the process of affiliation
473	473	with the voter registrar and state that if a voter does not provide
474	474	an affiliation, the voter's next registration certificate will
475	475	indicate that the voter is "independent" and unable to vote in a
476	476	party's primary;
477	477	(3) include a postage paid postcard that may be
478	478	returned to the voter registrar to indicate the voter's
479	479	affiliation; and
480	480	(4) be in the form prescribed by the secretary of
481	481	state.
482	482	(b) If a registered voter does not indicate a party
483	483	affiliation before December 1, 2009, the voter registrar shall list
484	484	the voter's initial affiliation status as "independent." A person
485	485	whose initial affiliation status is established as independent
486	486	under this subsection may affiliate with a political party not
487	487	later than the 31st day before the date of the general primary
488	488	election in 2010 by providing notice of affiliation to the voter
489	489	registrar. Notwithstanding Section 162.003(d), Election Code, as
490	490	added by this Act, the affiliation takes effect on receipt of the
491	491	notice by the voter registrar.
492	492	(c) The change in law made by Section 18.005(a), Election
493	493	Code, as amended by this Act, requiring that each list of registered
494	494	voters must indicate the political affiliation of each voter
495	495	applies only to a list of registered voters produced by a voter
496	496	registrar on or after December 1, 2009.
497	497	(d) The change in law made by Section 15.001(a), Election
498	498	Code, as amended by this Act, requiring that each voter
499	499	registration certificate must indicate the political affiliation
500	500	of the voter applies only to a certificate effective for voting on
501	501	or after January 1, 2010.
502	502	SECTION 32. This Act takes effect September 1, 2009.