Texas 2009 - 81st Regular

Texas House Bill HB2513 Compare Versions

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

Old	New	Differences
1	1	81R9725 JRJ-D
2	2	By: Hopson H.B. No. 2513
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedures for registering to vote and accepting a
8	8	voter at a polling place; providing a criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 13.122(a), Election Code, is amended to
11	11	read as follows:
12	12	(a) In addition to the other statements and spaces for
13	13	entering information that appear on an officially prescribed
14	14	registration application form, each official form must include:
15	15	(1) the statement: "I understand that giving false
16	16	information to procure a voter registration is perjury and a crime
17	17	under state and federal law.";
18	18	(2) a space for the applicant's registration number;
19	19	(3) a space for the applicant's Texas driver's license
20	20	number or number of a personal identification card issued by the
21	21	Department of Public Safety;
22	22	(4) a space for the applicant's telephone number;
23	23	(5) a space for the applicant's social security
24	24	number;
25	25	(6) a space for the applicant's sex;
26	26	(7) a statement indicating that the furnishing of the
27	27	applicant's telephone number and sex is optional;
28	28	(8) a space or box for indicating whether the
29	29	applicant or voter is submitting new registration information or a
30	30	change in current registration information;
31	31	(9) a statement instructing a voter who is using the
32	32	form to make a change in current registration information to enter
33	33	the voter's name and the changed information in the appropriate
34	34	spaces on the form;
35	35	(10) a statement that if the applicant declines to
36	36	register to vote, that fact will remain confidential and will be
37	37	used only for voter registration purposes;
38	38	(11) a statement that if the applicant does register
39	39	to vote, information regarding the agency or office to which the
40	40	application is submitted will remain confidential and will be used
41	41	only for voter registration purposes;
42	42	(12) a space or box for indicating whether the
43	43	applicant is interested in working as an election judge;
44	44	(13) a statement warning that a conviction for making
45	45	a false statement may result in imprisonment for up to the maximum
46	46	amount of time provided by law, a fine of up to the maximum amount
47	47	provided by law, or both the imprisonment and the fine; [and]
48	48	(14) the photograph of the applicant if a photograph
49	49	has been obtained under Section 31.012; and
50	50	(15) any other voter registration information
51	51	required by federal law or considered appropriate and required by
52	52	the secretary of state.
53	53	SECTION 2. Section 15.001(a), Election Code, is amended to
54	54	read as follows:
55	55	(a) Each voter registration certificate issued must
56	56	contain:
57	57	(1) the voter's name in the form indicated by the
58	58	voter, subject to applicable requirements prescribed by Section
59	59	13.002 and by rule of the secretary of state;
60	60	(2) the voter's residence address or, if the residence
61	61	has no address, the address at which the voter receives mail and a
62	62	concise description of the location of the voter's residence;
63	63	(3) the month, day, and year of the voter's birth;
64	64	(4) the number of the county election precinct in
65	65	which the voter resides;
66	66	(5) the voter's effective date of registration if an
67	67	initial certificate;
68	68	(6) the voter's registration number;
69	69	(7) an indication of the period for which the
70	70	certificate is issued;
71	71	(8) a statement explaining the circumstances under
72	72	which the voter will receive a new certificate;
73	73	(9) a space for stamping the voter's political party
74	74	affiliation;
75	75	(10) a statement that voting with the certificate by a
76	76	person other than the person in whose name the certificate is issued
77	77	is a felony;
78	78	(11) a space for the voter's signature;
79	79	(12) a statement that the voter must sign the
80	80	certificate personally, if able to sign, immediately on receipt;
81	81	(13) a space for the voter to correct the information
82	82	on the certificate followed by a signature line;
83	83	(14) the statement: "If any information on this
84	84	certificate changes or is incorrect, correct the information in the
85	85	space provided, sign below, and return this certificate to the
86	86	voter registrar.";
87	87	(15) the registrar's mailing address and telephone
88	88	number; [and]
89	89	(16) the jurisdictional or distinguishing number for
90	90	the following territorial units in which the voter resides, as
91	91	determined by the voter registrar:
92	92	(A) congressional district;
93	93	(B) state senatorial district;
94	94	(C) state representative district;
95	95	(D) commissioners precinct;
96	96	(E) justice precinct;
97	97	(F) city election precinct; and
98	98	(G) school district election precinct; and
99	99	(17) the photograph of the voter to whom the
100	100	certificate is issued if a photograph has been obtained under
101	101	Section 31.012.
102	102	SECTION 3. Subchapter A, Chapter 31, Election Code, is
103	103	amended by adding Section 31.012 to read as follows:
104	104	Sec. 31.012. PHOTO IDENTIFICATION ACCESS. The secretary of
105	105	state shall establish methods to obtain a photograph of each
106	106	registered voter for use on the voter's voter registration
107	107	certificate. For purposes of this section, the secretary of state
108	108	may enter into agreements with the Department of Public Safety or
109	109	other state agencies and governmental entities for assistance with
110	110	assigning photographs to the appropriate voter's voter
111	111	registration certificate.
112	112	SECTION 4. Section 63.001, Election Code, is amended by
113	113	amending Subsections (b), (c), (d), and (f) and adding Subsection
114	114	(g) to read as follows:
115	115	(b) On offering to vote, a voter must present to an election
116	116	officer at the polling place:
117	117	(1) the voter's voter registration certificate
118	118	containing the voter's photograph;
119	119	(2) an identification card issued by this state; or
120	120	(3) the affidavit described by Section 63.007 [to an
121	121	election officer at the polling place].
122	122	(c) On presentation of the documentation required by
123	123	Subsection (b) [a registration certificate], an election officer
124	124	shall determine whether the voter's name on the registration
125	125	certificate is on the list of registered voters for the precinct.
126	126	(d) If the voter's name is on the precinct list of
127	127	registered voters and the voter's identity can be verified from the
128	128	documentation presented under Subsection (b), the voter shall be
129	129	accepted for voting.
130	130	(f) After determining whether to accept a voter, an election
131	131	officer shall return the voter's documentation [registration
132	132	certificate] to the voter.
133	133	(g) Perjury committed in the execution of an affidavit for
134	134	the purposes of being accepted to vote constitutes aggravated
135	135	perjury under Section 37.03, Penal Code.
136	136	SECTION 5. Section 63.006(a), Election Code, is amended to
137	137	read as follows:
138	138	(a) A voter who, when offering to vote, presents a voter
139	139	registration certificate indicating that the voter is currently
140	140	registered in the precinct in which the voter is offering to vote,
141	141	but whose name is not on the precinct list of registered voters,
142	142	shall be accepted for voting if the voter meets the identification
143	143	or affidavit requirements under Section 63.001.
144	144	SECTION 6. The heading to Section 63.007, Election Code, is
145	145	amended to read as follows:
146	146	Sec. 63.007. VOTER WITHOUT CERTIFICATE OR WITH INCORRECT
147	147	CERTIFICATE WHO IS NOT ON LIST.
148	148	SECTION 7. Section 63.007(a), Election Code, is amended to
149	149	read as follows:
150	150	(a) A voter who, when offering to vote, does not present a
151	151	voter registration certificate or presents a voter registration
152	152	certificate indicating that the voter is currently registered in a
153	153	different precinct from the one in which the voter is offering to
154	154	vote, and whose name is not on the precinct list of registered
155	155	voters, shall be accepted for voting if the voter executes an
156	156	affidavit stating that the voter:
157	157	(1) is a resident of the precinct in which the voter is
158	158	offering to vote or is otherwise entitled by law to vote in that
159	159	precinct;
160	160	(2) was a resident of the precinct in which the voter
161	161	is offering to vote at the time that information on the voter's
162	162	residence address was last provided to the voter registrar;
163	163	(3) did not deliberately provide false information to
164	164	secure registration in a precinct in which the voter does not
165	165	reside; and
166	166	(4) is voting only once in the election.
167	167	SECTION 8. The heading to Section 63.009, Election Code, is
168	168	amended to read as follows:
169	169	Sec. 63.009. VOTER WITHOUT DOCUMENTATION [CERTIFICATE] WHO
170	170	IS NOT ON LIST.
171	171	SECTION 9. Section 63.009(a), Election Code, is amended to
172	172	read as follows:
173	173	(a) A [Except as provided by Subsection (b), a] voter who
174	174	does not meet the identification or affidavit requirements under
175	175	Section 63.001 [present a voter registration certificate when
176	176	offering to vote], and whose name is not on the list of registered
177	177	voters for the precinct in which the voter is offering to vote,
178	178	shall be accepted for provisional voting if the voter executes an
179	179	affidavit in accordance with Section 63.011.
180	180	SECTION 10. Section 63.011(a), Election Code, is amended to
181	181	read as follows:
182	182	(a) A person to whom Section [63.008(b) or] 63.009(a)
183	183	applies may cast a provisional ballot if the person executes an
184	184	affidavit stating that the person:
185	185	(1) is a registered voter in the precinct in which the
186	186	person seeks to vote; and
187	187	(2) is eligible to vote in the election.
188	188	SECTION 11. Section 65.054(b), Election Code, is amended to
189	189	read as follows:
190	190	(b) A provisional ballot may be accepted only if:
191	191	(1) the board determines that, from the information in
192	192	the affidavit or contained in public records, the person is
193	193	eligible to vote in the election and has not previously voted in
194	194	that election; and
195	195	(2) the voter meets the identification requirements of
196	196	Section 63.001(b) in the period prescribed under Section 65.0541.
197	197	SECTION 12. Subchapter B, Chapter 65, Election Code, is
198	198	amended by adding Section 65.0541 to read as follows:
199	199	Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN
200	200	PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional
201	201	voting under Section 63.011 because the voter does not meet the
202	202	identification requirements of Section 63.001(b) may, not later
203	203	than the 10th business day after the date of the election, present
204	204	proof of identification to the voter registrar for examination by
205	205	the early voting ballot board.
206	206	(b) The secretary of state shall prescribe procedures as
207	207	necessary to implement this section.
208	208	SECTION 13. Sections 63.008, 63.009(b), and 63.0101,
209	209	Election Code, are repealed.
210	210	SECTION 14. (a) As soon as practicable after the effective
211	211	date of this Act, the secretary of state shall establish, subject to
212	212	Subsection (b) of this section, the photo identification access
213	213	program required by Section 31.012, Election Code, as added by this
214	214	Act.
215	215	(b) The photo identification access program required by
216	216	Section 31.012, Election Code, as added by this Act, must provide
217	217	for voter registration certificates to contain photographs for use
218	218	beginning with the general election for state and county officers
219	219	held in 2010.
220	220	SECTION 15. The change in law made by this Act to Section
221	221	13.122(a), Election Code, applies only to a voter registration
222	222	application distributed by a voter registrar on or after September
223	223	1, 2009. A voter registration application distributed by a voter
224	224	registrar before September 1, 2009, is covered by the law in effect
225	225	when the application was distributed, and the former law is
226	226	continued in effect for that purpose.
227	227	SECTION 16. This Act takes effect September 1, 2009.