Texas 2009 - 81st Regular

Texas House Bill HB47 Compare Versions

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

Old	New	Differences
1	1	81R1796 JRJ-D
2	2	By: Riddle H.B. No. 47
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.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 13.002, Election Code, is amended by
11	11	amending Subsection (c) and adding Subsection (h) to read as
12	12	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) a copy of a document providing proof that the
49	49	applicant is a United States citizen.
50	50	(h) The following documentation is acceptable as proof of
51	51	citizenship under Subsection (c)(11):
52	52	(1) a birth certificate or other document confirming
53	53	birth that is admissible in a court of law;
54	54	(2) United States citizenship papers issued to the
55	55	applicant; or
56	56	(3) an unexpired United States passport issued to the
57	57	applicant.
58	58	SECTION 2. Section 13.121(a), Election Code, is amended to
59	59	read as follows:
60	60	(a) The officially prescribed application form for
61	61	registration by mail must be in the form of [a] business reply mail
62	62	[postcard], unless another form or system is used under Subsection
63	63	(b), with postage paid by the state. The secretary of state shall
64	64	design the form to enhance the legibility of its contents.
65	65	SECTION 3. Section 63.001, Election Code, is amended by
66	66	amending Subsections (b), (c), (d), and (f) and adding Subsection
67	67	(g) to read as follows:
68	68	(b) On offering to vote, a voter must present to an election
69	69	officer at the polling place the voter's voter registration
70	70	certificate and either:
71	71	(1) one form of identification listed in Section
72	72	63.0101(a); or
73	73	(2) two different forms of identification listed in
74	74	Section 63.0101(b) [to an election officer at the polling place].
75	75	(c) On presentation of the documentation required by
76	76	Subsection (b) [a registration certificate], an election officer
77	77	shall determine whether the voter's name on the registration
78	78	certificate is on the list of registered voters for the precinct.
79	79	(d) If the voter's name is on the precinct list of
80	80	registered voters and the voter's identity can be verified from the
81	81	documentation presented under Subsection (b), the voter shall be
82	82	accepted for voting.
83	83	(f) After determining whether to accept a voter, an election
84	84	officer shall return the voter's documentation [registration
85	85	certificate] to the voter.
86	86	(g) If the requirements for identification prescribed by
87	87	Subsection (b)(1) or (2) are not met, the voter shall be accepted
88	88	for provisional voting only under Section 63.011.
89	89	SECTION 4. Chapter 63, Election Code, is amended by adding
90	90	Section 63.0012 to read as follows:
91	91	Sec. 63.0012. USE OF ADDRESS ON IDENTIFICATION. (a) This
92	92	section applies only to a voter who:
93	93	(1) presents a registration certificate;
94	94	(2) is on the list of registered voters for the
95	95	precinct; and
96	96	(3) confirms that the address on the list of
97	97	registered voters is current under Section 63.0011.
98	98	(b) In verifying the identity of a voter described by
99	99	Subsection (a) under Section 63.001, an election officer may not
100	100	consider whether the voter's address on a form described by Section
101	101	63.001(b)(1) or (2) matches the voter's address on the registration
102	102	certificate or the list of registered voters.
103	103	SECTION 5. Section 63.006(a), Election Code, is amended to
104	104	read as follows:
105	105	(a) A voter who, when offering to vote, presents a voter
106	106	registration certificate indicating that the voter is currently
107	107	registered in the precinct in which the voter is offering to vote,
108	108	but whose name is not on the precinct list of registered voters,
109	109	shall be accepted for voting if the voter's identity can be verified
110	110	from the documentation presented under Section 63.001(b).
111	111	SECTION 6. Section 63.007(a), Election Code, is amended to
112	112	read as follows:
113	113	(a) A voter who, when offering to vote, presents a voter
114	114	registration certificate indicating that the voter is currently
115	115	registered in a different precinct from the one in which the voter
116	116	is offering to vote, and whose name is not on the precinct list of
117	117	registered voters, shall be accepted for voting if the voter's
118	118	identity can be verified from the documentation presented under
119	119	Section 63.001(b) and the voter executes an affidavit stating that
120	120	the voter:
121	121	(1) is a resident of the precinct in which the voter is
122	122	offering to vote or is otherwise entitled by law to vote in that
123	123	precinct;
124	124	(2) was a resident of the precinct in which the voter
125	125	is offering to vote at the time that information on the voter's
126	126	residence address was last provided to the voter registrar;
127	127	(3) did not deliberately provide false information to
128	128	secure registration in a precinct in which the voter does not
129	129	reside; and
130	130	(4) is voting only once in the election.
131	131	SECTION 7. Section 63.008(a), Election Code, is amended to
132	132	read as follows:
133	133	(a) A voter who does not present a voter registration
134	134	certificate when offering to vote, but whose name is on the list of
135	135	registered voters for the precinct in which the voter is offering to
136	136	vote, shall be accepted for voting if the voter executes an
137	137	affidavit stating that the voter does not have the voter's voter
138	138	registration certificate in the voter's possession at the polling
139	139	place at the time of offering to vote and the voter's identity can
140	140	be verified from the identification presented under Section
141	141	63.001(b) [voter presents proof of identification in a form
142	142	described by Section 63.0101].
143	143	SECTION 8. Section 63.0101, Election Code, is amended to
144	144	read as follows:
145	145	Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
146	146	(a) The following documentation is an acceptable form [as proof] of
147	147	photo identification under this chapter:
148	148	(1) a driver's license or personal identification card
149	149	issued to the person by the Department of Public Safety or the
150	150	equivalent agency of another state that has not expired or that
151	151	expired no earlier than two years before the date of presentation
152	152	[or a similar document issued to the person by an agency of another
153	153	state, regardless of whether the license or card has expired];
154	154	(2) a United States military identification card that
155	155	contains the person's photograph [form of identification
156	156	containing the person's photograph that establishes the person's
157	157	identity];
158	158	(3) a valid employee identification card that contains
159	159	the person's photograph and is issued by an employer of the person
160	160	in the ordinary course of the employer's business [birth
161	161	certificate or other document confirming birth that is admissible
162	162	in a court of law and establishes the person's identity];
163	163	(4) a United States citizenship certificate [papers]
164	164	issued to the person that contains the person's photograph;
165	165	(5) a United States passport issued to the person;
166	166	(6) a student identification card issued by a public
167	167	or private institution of higher education that contains the
168	168	person's photograph [official mail addressed to the person by name
169	169	from a governmental entity];
170	170	(7) a license to carry a concealed handgun issued to
171	171	the person by the Department of Public Safety;
172	172	(8) an identification card issued by a state agency of
173	173	this state that contains the person's photograph; or
174	174	(9) an identification card that contains the person's
175	175	photograph and is issued by a county elections administrator or a
176	176	county clerk.
177	177	(b) The following documentation is acceptable as proof of
178	178	identification under this chapter:
179	179	(1) a copy of a current utility bill, bank statement,
180	180	government check, paycheck, or other government document that shows
181	181	the name and address of the voter;
182	182	(2) official mail addressed to the person by name from
183	183	a governmental entity;
184	184	(3) a certified copy of a birth certificate or other
185	185	document confirming birth that is admissible in a court of law and
186	186	establishes the person's identity;
187	187	(4) United States citizenship papers issued to the
188	188	person;
189	189	(5) an original or certified copy of the person's
190	190	marriage license or divorce decree;
191	191	(6) court records of the person's adoption, name
192	192	change, or sex change;
193	193	(7) an identification card issued to the person by a
194	194	governmental entity of this state or the United States for the
195	195	purpose of obtaining public benefits, including veteran's
196	196	benefits, Medicaid, or Medicare;
197	197	(8) a temporary driving permit issued to the person by
198	198	the Department of Public Safety;
199	199	(9) a pilot's license issued to the person by the
200	200	Federal Aviation Administration or another authorized agency of the
201	201	United States;
202	202	(10) a library card that contains the person's name
203	203	issued to the person by a public library located in this state; or
204	204	(11) a hunting or fishing license issued to a person by
205	205	the Parks and Wildlife Department [or
206	206	[(8) any other form of identification prescribed by
207	207	the secretary of state].
208	208	(c) The commissioners court of a county may authorize the
209	209	county elections administrator or the county clerk, as applicable,
210	210	to issue photo identification cards that may be used as proof of a
211	211	voter's identification under Subsection (a).
212	212	SECTION 9. Sections 63.011(a) and (b), Election Code, are
213	213	amended to read as follows:
214	214	(a) A person to whom Section 63.001(g), 63.008(b), or
215	215	63.009(a) applies may cast a provisional ballot if the person
216	216	executes an affidavit stating that the person:
217	217	(1) is a registered voter in the precinct in which the
218	218	person seeks to vote; and
219	219	(2) is eligible to vote in the election.
220	220	(b) A form for an affidavit required by this section shall
221	221	be printed on an envelope in which the provisional ballot voted by
222	222	the person may be placed and must include a space for entering the
223	223	identification number of the provisional ballot voted by the person
224	224	and a space for an election officer to indicate whether the person
225	225	presented proof of identification as required by Section
226	226	63.001(b)(1) or (2). The affidavit form may include space for
227	227	disclosure of any necessary information to enable the person to
228	228	register to vote under Chapter 13. The secretary of state shall
229	229	prescribe the form of the affidavit under this section.
230	230	SECTION 10. Section 65.054(b), Election Code, is amended to
231	231	read as follows:
232	232	(b) A provisional ballot may be accepted only if:
233	233	(1) the board determines that, from the information in
234	234	the affidavit or contained in public records, the person is
235	235	eligible to vote in the election and has not previously voted in
236	236	that election; and
237	237	(2) the voter presents proof of identification as
238	238	required by Section 63.001(b)(1) or (2):
239	239	(A) at the time the ballot was cast; or
240	240	(B) in the period prescribed under Section
241	241	65.0541.
242	242	SECTION 11. Subchapter B, Chapter 65, Election Code, is
243	243	amended by adding Section 65.0541 to read as follows:
244	244	Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN
245	245	PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional
246	246	voting under Section 63.011 because the voter does not present
247	247	proof of identification as required by Section 63.001(b)(1) or (2)
248	248	may submit proof of identification to the voter registrar by
249	249	personal delivery or by mail for examination by the early voting
250	250	ballot board not later than the fifth day after the date of the
251	251	election.
252	252	(b) The early voting ballot board shall accept a provisional
253	253	ballot under Section 65.054 if the voter:
254	254	(1) presents proof of identification in the manner
255	255	required by this section; and
256	256	(2) is otherwise eligible to vote in the election.
257	257	(c) The office of the voter registrar shall be open on a
258	258	Saturday that falls within the five-day period described by
259	259	Subsection (a) for a voter to present identification as provided
260	260	under this section.
261	261	(d) The secretary of state shall prescribe procedures as
262	262	necessary to implement this section.
263	263	SECTION 12. Section 521.422, Transportation Code, is
264	264	amended by amending Subsection (a) and adding Subsection (d) to
265	265	read as follows:
266	266	(a) Except as provided by Subsection (d), the [The] fee for
267	267	a personal identification certificate is:
268	268	(1) $15 for a person under 60 years of age;
269	269	(2) $5 for a person 60 years of age or older; and
270	270	(3) $20 for a person subject to the registration
271	271	requirements under Chapter 62, Code of Criminal Procedure.
272	272	(d) The department may not collect a fee for a personal
273	273	identification certificate issued to a person who executes an
274	274	affidavit stating that the person is financially unable to pay the
275	275	required fee and:
276	276	(1) who is a registered voter in this state and
277	277	presents a valid voter registration certificate; or
278	278	(2) who is eligible for registration under Section
279	279	13.001, Election Code, and submits a registration application to
280	280	the department.
281	281	SECTION 13. The change in law made by this Act to Section
282	282	13.002, Election Code, applies only to an application for voter
283	283	registration that is submitted on or after the effective date of
284	284	this Act.
285	285	SECTION 14. This Act takes effect September 1, 2009.