By: Ellis S.B. No. 1867
(In the Senate - Filed March 11, 2009; March 24, 2009, read
first time and referred to Committee on State Affairs;
April 14, 2009, reported favorably by the following vote: Yeas 6,
Nays 0; April 14, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to procedures related to the placement of a voter on the
suspense list.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 14.022, Election Code, is amended to
read as follows:
Sec. 14.022. ERRONEOUS RETURN OF RENEWAL CERTIFICATE. A
voter registrar shall determine whether [If the registrar
determines that] a voter's renewal certificate was returned
undelivered solely because of postal service error, address
reclassification, or the registrar's clerical error. If the
registrar determines that the certificate was returned solely
because of that error or reclassification, the registrar shall
delete the voter's name from the suspense list, make any other
appropriate corrections in the registration records, and deliver
the certificate to the voter.
SECTION 2. Section 16.032, Election Code, is amended to
read as follows:
Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST
PERIOD. (a) If on November 30 following the second general
election for state and county officers that occurs after the date
the voter's name is entered on the suspense list a registered
voter's name appears on the suspense list, the registrar shall
cancel the voter's registration unless the name is to be deleted
from the list under Section 15.023.
(b) For purposes of Subsection (a), if a voter whose name
appears on the suspense list is shown to have voted in an election
and the name is not to be deleted from the list under Section
15.023, the date on which the voter is considered to have been
entered on the suspense list is the date of the most recent election
in which the voter voted.
SECTION 3. Section 63.0011, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) The secretary of state shall adopt rules to provide for
the uniform and auditable processing of a statement of residence
required under this section.
SECTION 4. The change in law made by this Act to Section
14.022, Election Code, applies only to a voter registration renewal
certificate returned undelivered and received by a voter registrar
on or after the effective date of this Act. A voter registration
renewal certificate returned undelivered and received by a voter
registrar before the effective date of this Act is governed by the
law in effect when the registrar received the undelivered
certificate, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2009.
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