Texas 2009 - 81st Regular

Texas House Bill HB373 Compare Versions

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

Old	New	Differences
1	1	81R1520 JRJ-D
2	2	By: Anderson H.B. No. 373
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring a voter to present proof of identification.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 15, Election Code, is
10	10	amended by adding Section 15.005 to read as follows:
11	11	Sec. 15.005. NOTICE OF IDENTIFICATION REQUIREMENTS. (a)
12	12	The voter registrar of each county shall provide notice of the
13	13	identification requirements for voting prescribed by Chapter 63 and
14	14	a detailed description of those requirements with each voter
15	15	registration certificate issued under Section 13.142 or renewal
16	16	registration certificate issued under Section 14.001.
17	17	(b) The secretary of state shall prescribe the wording of
18	18	the notice to be included on the certificate under this section.
19	19	SECTION 2. Subchapter A, Chapter 31, Election Code, is
20	20	amended by adding Section 31.012 to read as follows:
21	21	Sec. 31.012. NOTICE OF VOTER IDENTIFICATION REQUIREMENTS ON
22	22	WEBSITE. The secretary of state and the voter registrar of each
23	23	county that maintains a website shall provide notice of the
24	24	identification requirements for voting prescribed by Chapter 63 on
25	25	each entity's respective website. The secretary of state shall
26	26	prescribe the wording of the notice to be included on the websites.
27	27	SECTION 3. Section 32.111, Election Code, is amended by
28	28	adding Subsection (c) to read as follows:
29	29	(c) The training standards adopted under Subsection (a)
30	30	must include provisions on the acceptance and handling of the
31	31	identification presented by a voter to an election officer under
32	32	Section 63.001.
33	33	SECTION 4. Section 32.114(a), Election Code, is amended to
34	34	read as follows:
35	35	(a) The county clerk shall provide one or more sessions of
36	36	training using the standardized training program and materials
37	37	developed and provided by the secretary of state under Section
38	38	32.111 for the election judges and clerks appointed to serve in
39	39	elections ordered by the governor or a county authority. Each
40	40	election judge shall complete the training program. Each election
41	41	clerk shall complete the part of the training program relating to
42	42	the acceptance and handling of the identification presented by a
43	43	voter to an election officer under Section 63.001.
44	44	SECTION 5. Chapter 62, Election Code, is amended by adding
45	45	Section 62.016 to read as follows:
46	46	Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE
47	47	POLLING PLACES. The presiding judge shall post in a prominent place
48	48	on the outside of each polling location notice that a provisional
49	49	ballot will be provided to a person who executes the appropriate
50	50	affidavit and a list of the acceptable forms of photographic and
51	51	nonphotographic identification. The notice and list must be
52	52	printed in a font that is at least 24 point.
53	53	SECTION 6. Section 63.001, Election Code, is amended by
54	54	amending Subsections (b), (c), (d), and (f) and adding Subsection
55	55	(g) to read as follows:
56	56	(b) On offering to vote, a voter must present to an election
57	57	officer at the polling place the voter's voter registration
58	58	certificate and:
59	59	(1) one form of identification listed in Section
60	60	63.0101(a); or
61	61	(2) two different forms of identification listed in
62	62	Section 63.0101(b) [to an election officer at the polling place].
63	63	(c) On presentation of the documentation required by
64	64	Subsection (b) [a registration certificate], an election officer
65	65	shall determine whether the voter's name on the registration
66	66	certificate is on the list of registered voters for the precinct.
67	67	(d) If the voter's name is on the precinct list of
68	68	registered voters and the voter's identity can be verified from the
69	69	documentation presented under Subsection (b), the voter shall be
70	70	accepted for voting.
71	71	(f) After determining whether to accept a voter, an election
72	72	officer shall return the voter's documentation [registration
73	73	certificate] to the voter.
74	74	(g) If the requirements for identification prescribed by
75	75	Subsection (b) are not met, the voter may be accepted for
76	76	provisional voting only under Section 63.011. An election officer
77	77	shall inform a voter who is not accepted for voting under this
78	78	section of the voter's right to cast a provisional ballot under
79	79	Section 63.011.
80	80	SECTION 7. Section 63.006(a), Election Code, is amended to
81	81	read as follows:
82	82	(a) A voter who, when offering to vote, presents a voter
83	83	registration certificate indicating that the voter is currently
84	84	registered in the precinct in which the voter is offering to vote,
85	85	but whose name is not on the precinct list of registered voters,
86	86	shall be accepted for voting if the voter's identity can be verified
87	87	from the documentation presented under Section 63.001(b).
88	88	SECTION 8. Section 63.007(a), Election Code, is amended to
89	89	read as follows:
90	90	(a) A voter who, when offering to vote, presents a voter
91	91	registration certificate indicating that the voter is currently
92	92	registered in a different precinct from the one in which the voter
93	93	is offering to vote, and whose name is not on the precinct list of
94	94	registered voters, shall be accepted for voting if the voter's
95	95	identity can be verified from the documentation presented under
96	96	Section 63.001(b) and the voter executes an affidavit stating that
97	97	the voter:
98	98	(1) is a resident of the precinct in which the voter is
99	99	offering to vote or is otherwise entitled by law to vote in that
100	100	precinct;
101	101	(2) was a resident of the precinct in which the voter
102	102	is offering to vote at the time that information on the voter's
103	103	residence address was last provided to the voter registrar;
104	104	(3) did not deliberately provide false information to
105	105	secure registration in a precinct in which the voter does not
106	106	reside; and
107	107	(4) is voting only once in the election.
108	108	SECTION 9. Section 63.008(a), Election Code, is amended to
109	109	read as follows:
110	110	(a) A voter who does not present a voter registration
111	111	certificate when offering to vote, but whose name is on the list of
112	112	registered voters for the precinct in which the voter is offering to
113	113	vote, shall be accepted for voting if the voter executes an
114	114	affidavit stating that the voter does not have the voter's voter
115	115	registration certificate in the voter's possession at the polling
116	116	place at the time of offering to vote and the voter's identity can
117	117	be verified from the identification presented under Section
118	118	63.001(b) [voter presents proof of identification in a form
119	119	described by Section 63.0101].
120	120	SECTION 10. Section 63.0101, Election Code, is amended to
121	121	read as follows:
122	122	Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
123	123	(a) An [The following documentation is] acceptable form of photo
124	124	[as proof of] identification under this chapter must:
125	125	(1) be [a driver's license or personal identification
126	126	card issued to the person by the Department of Public Safety or a
127	127	similar document] issued to the person by an agency of this state or
128	128	the United States [another state, regardless of whether the license
129	129	or card has expired];
130	130	(2) contain a [form of identification containing the
131	131	person's] photograph of the person that establishes the person's
132	132	identity;
133	133	(3) display the person's name, which must
134	134	substantially conform to the name on the voter registration list [a
135	135	birth certificate or other document confirming birth that is
136	136	admissible in a court of law and establishes the person's
137	137	identity]; and
138	138	(4) contain an expiration date that:
139	139	(A) has not occurred; or
140	140	(B) occurs after the date of the most recent
141	141	general election for state and county officers.
142	142	(b) The following documentation is acceptable as proof of
143	143	identification under this chapter:
144	144	(1) [United States citizenship papers issued to the
145	145	person;
146	146	[(5) a United States passport issued to the person;
147	147	[(6) official mail addressed to the person by name
148	148	from a governmental entity;
149	149	[(7)] a copy of a current utility bill, bank
150	150	statement, government check, paycheck, or other government
151	151	document that shows the name and address of the voter;
152	152	(2) official mail addressed to the person by name from
153	153	a governmental entity;
154	154	(3) a certified copy of a birth certificate or other
155	155	document confirming birth that is admissible in a court of law and
156	156	establishes the person's identity;
157	157	(4) United States citizenship papers issued to the
158	158	person;
159	159	(5) an original or certified copy of the person's
160	160	marriage license or divorce decree;
161	161	(6) court records of the person's adoption, name
162	162	change, or sex change;
163	163	(7) an identification card issued to the person by a
164	164	governmental entity of this state or the United States for the
165	165	purpose of obtaining public benefits, including veterans benefits,
166	166	Medicaid, or Medicare;
167	167	(8) a temporary driving permit issued to the person by
168	168	the Department of Public Safety;
169	169	(9) a pilot's license issued to the person by the
170	170	Federal Aviation Administration or another authorized agency of the
171	171	United States;
172	172	(10) a library card that contains the person's name
173	173	issued to the person by a public library located in this state; or
174	174	(11) a hunting or fishing license issued to a person by
175	175	the Parks and Wildlife Department [or
176	176	[(8) any other form of identification prescribed by
177	177	the secretary of state].
178	178	SECTION 11. Sections 63.011(a) and (b), Election Code, are
179	179	amended to read as follows:
180	180	(a) A person to whom Section 63.001(g), 63.008(b), or
181	181	63.009(a) applies may cast a provisional ballot if the person
182	182	executes an affidavit stating that the person:
183	183	(1) is a registered voter in the precinct in which the
184	184	person seeks to vote; and
185	185	(2) is eligible to vote in the election.
186	186	(b) A form for an affidavit required by this section must
187	187	[shall] be printed on an envelope in which the provisional ballot
188	188	voted by the person may be placed and must include a space for
189	189	entering the identification number of the provisional ballot voted
190	190	by the person and a space for an election officer to indicate
191	191	whether the person presented proof of identification as required by
192	192	Section 63.001(b)(1) or (2). The affidavit form may include space
193	193	for disclosure of any necessary information to enable the person to
194	194	register to vote under Chapter 13. The secretary of state shall
195	195	prescribe the form of the affidavit under this section.
196	196	SECTION 12. Section 65.054(b), Election Code, is amended to
197	197	read as follows:
198	198	(b) A provisional ballot may be accepted only if:
199	199	(1) the board determines that, from the information in
200	200	the affidavit or contained in public records, the person is
201	201	eligible to vote in the election and has not previously voted in
202	202	that election; and
203	203	(2) the voter presents proof of identification as
204	204	required by Section 63.001(b)(1) or (2):
205	205	(A) at the time the ballot was cast; or
206	206	(B) in the period prescribed under Section
207	207	65.0541.
208	208	SECTION 13. Subchapter B, Chapter 65, Election Code, is
209	209	amended by adding Section 65.0541 to read as follows:
210	210	Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN
211	211	PROVISIONAL BALLOTS. A voter who is accepted for provisional
212	212	voting under Section 63.011 because the voter does not present
213	213	proof of identification as required by Section 63.001(b)(1) or (2)
214	214	may, not later than the 10th business day after the date of the
215	215	election present proof of identification to the voter registrar for
216	216	examination by the early voting ballot board.
217	217	SECTION 14. Section 521.422, Transportation Code, is
218	218	amended by amending Subsection (a) and adding Subsection (d) to
219	219	read as follows:
220	220	(a) Except as provided by Subsection (d), the [The] fee for
221	221	a personal identification certificate is:
222	222	(1) $15 for a person under 60 years of age;
223	223	(2) $5 for a person 60 years of age or older; and
224	224	(3) $20 for a person subject to the registration
225	225	requirements under Chapter 62, Code of Criminal Procedure.
226	226	(d) The department may not collect a fee for a personal
227	227	identification certificate issued to a person who executes an
228	228	affidavit stating that the person is obtaining the personal
229	229	identification certificate for the sole purpose of satisfying
230	230	Section 63.001(b)(1), Election Code, and:
231	231	(1) is a registered voter in this state and presents a
232	232	valid voter registration certificate; or
233	233	(2) is eligible for registration under Section 13.001,
234	234	Election Code, and submits a registration application to the
235	235	department.
236	236	SECTION 15. As soon as practicable after September 1, 2009:
237	237	(1) the secretary of state shall adopt the training
238	238	standards and develop the training materials required to implement
239	239	the change in law made by this Act to Section 32.111, Election Code;
240	240	and
241	241	(2) the county clerk of each county shall provide a
242	242	session of training under Section 32.114, Election Code, using the
243	243	standards adopted and materials developed to implement the change
244	244	in law made by this Act to Section 32.111, Election Code.
245	245	SECTION 16. (a) Except as provided by Subsection (b) of
246	246	this section, this Act takes effect January 1, 2010.
247	247	(b) Sections 1, 2, 3, 4, and 15 of this Act take effect
248	248	September 1, 2009.