82R5257 JRJ-D
By: Hopson H.B. No. 1005
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for registering to vote and accepting a
voter at a polling place; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.001(a), Election Code, is amended to
read as follows:
(a) Each voter registration certificate issued must
contain:
(1) the voter's name in the form indicated by the
voter, subject to applicable requirements prescribed by Section
13.002 and by rule of the secretary of state;
(2) the voter's residence address or, if the residence
has no address, the address at which the voter receives mail and a
concise description of the location of the voter's residence;
(3) the month, day, and year of the voter's birth;
(4) the number of the county election precinct in
which the voter resides;
(5) the voter's effective date of registration if an
initial certificate;
(6) the voter's registration number;
(7) an indication of the period for which the
certificate is issued;
(8) a statement explaining the circumstances under
which the voter will receive a new certificate;
(9) a space for stamping the voter's political party
affiliation;
(10) a statement that voting with the certificate by a
person other than the person in whose name the certificate is issued
is a felony;
(11) a space for the voter's signature;
(12) a statement that the voter must sign the
certificate personally, if able to sign, immediately on receipt;
(13) a space for the voter to correct the information
on the certificate followed by a signature line;
(14) the statement: "If any information on this
certificate changes or is incorrect, correct the information in the
space provided, sign below, and return this certificate to the
voter registrar.";
(15) the registrar's mailing address and telephone
number; [and]
(16) the jurisdictional or distinguishing number for
the following territorial units in which the voter resides, as
determined by the voter registrar:
(A) congressional district;
(B) state senatorial district;
(C) state representative district;
(D) commissioners precinct;
(E) justice precinct;
(F) city election precinct; and
(G) school district election precinct; and
(17) the photograph of the voter to whom the
certificate is issued if a photograph has been obtained under
Section 31.012.
SECTION 2. Subchapter A, Chapter 31, Election Code, is
amended by adding Section 31.012 to read as follows:
Sec. 31.012. PHOTO IDENTIFICATION ACCESS. The secretary of
state shall establish methods to obtain a photograph of each
registered voter for use on the voter's voter registration
certificate. For purposes of this section, the secretary of state
may enter into agreements with the Department of Public Safety or
other state agencies and governmental entities for assistance with
assigning photographs to the appropriate voter's voter
registration certificate.
SECTION 3. Section 63.001, Election Code, is amended by
amending Subsections (b), (c), (d), and (f) and adding Subsection
(g) to read as follows:
(b) On offering to vote, a voter must present to an election
officer at the polling place:
(1) the voter's voter registration certificate
containing the voter's photograph;
(2) an identification card issued by this state; or
(3) the affidavit described by Section 63.007 [to an
election officer at the polling place].
(c) On presentation of the documentation required by
Subsection (b) [a registration certificate], an election officer
shall determine whether the voter's name on the documentation
[registration certificate] is on the list of registered voters for
the precinct.
(d) If the voter's name is on the precinct list of
registered voters and the voter's identity can be verified from the
documentation presented under Subsection (b), the voter shall be
accepted for voting.
(f) After determining whether to accept a voter, an election
officer shall return the voter's documentation [registration
certificate] to the voter.
(g) Perjury committed in the execution of an affidavit for
the purposes of being accepted to vote constitutes aggravated
perjury under Section 37.03, Penal Code.
SECTION 4. Section 63.006(a), Election Code, is amended to
read as follows:
(a) A voter who, when offering to vote, presents a voter
registration certificate indicating that the voter is currently
registered in the precinct in which the voter is offering to vote,
but whose name is not on the precinct list of registered voters,
shall be accepted for voting if the voter meets the identification
or affidavit requirements under Section 63.001.
SECTION 5. The heading to Section 63.007, Election Code, is
amended to read as follows:
Sec. 63.007. VOTER WITHOUT CERTIFICATE OR WITH INCORRECT
CERTIFICATE WHO IS NOT ON LIST.
SECTION 6. Section 63.007(a), Election Code, is amended to
read as follows:
(a) A voter who, when offering to vote, does not present a
voter registration certificate or presents a voter registration
certificate indicating that the voter is currently registered in a
different precinct from the one in which the voter is offering to
vote, and whose name is not on the precinct list of registered
voters, shall be accepted for voting if the voter executes an
affidavit stating that the voter:
(1) is a resident of the precinct in which the voter is
offering to vote or is otherwise entitled by law to vote in that
precinct;
(2) was a resident of the precinct in which the voter
is offering to vote at the time that information on the voter's
residence address was last provided to the voter registrar;
(3) did not deliberately provide false information to
secure registration in a precinct in which the voter does not
reside; and
(4) is voting only once in the election.
SECTION 7. The heading to Section 63.009, Election Code, is
amended to read as follows:
Sec. 63.009. VOTER WITHOUT DOCUMENTATION [CERTIFICATE] WHO
IS NOT ON LIST.
SECTION 8. Section 63.009(a), Election Code, is amended to
read as follows:
(a) A [Except as provided by Subsection (b), a] voter who
does not meet the identification or affidavit requirements under
Section 63.001 [present a voter registration certificate when
offering to vote], and whose name is not on the list of registered
voters for the precinct in which the voter is offering to vote,
shall be accepted for provisional voting if the voter executes an
affidavit in accordance with Section 63.011.
SECTION 9. Section 63.011(a), Election Code, is amended to
read as follows:
(a) A person to whom Section [63.008(b) or] 63.009(a)
applies may cast a provisional ballot if the person executes an
affidavit stating that the person:
(1) is a registered voter in the precinct in which the
person seeks to vote; and
(2) is eligible to vote in the election.
SECTION 10. Section 65.054(b), Election Code, is amended to
read as follows:
(b) A provisional ballot may be accepted only if:
(1) the board determines that, from the information in
the affidavit or contained in public records, the person is
eligible to vote in the election and has not previously voted in
that election; and
(2) the voter meets the identification requirements of
Section 63.001(b) in the period prescribed under Section 65.0541.
SECTION 11. Subchapter B, Chapter 65, Election Code, is
amended by adding Section 65.0541 to read as follows:
Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN
PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional
voting under Section 63.011 because the voter does not meet the
identification requirements of Section 63.001(b) may, not later
than the sixth business day after the date of the election, present
proof of identification to the voter registrar for examination by
the early voting ballot board.
(b) The secretary of state shall prescribe procedures as
necessary to implement this section.
SECTION 12. Sections 63.008, 63.009(b), and 63.0101,
Election Code, are repealed.
SECTION 13. (a) As soon as practicable after the effective
date of this Act, the secretary of state shall establish, subject to
Subsection (b) of this section, the photo identification access
program required by Section 31.012, Election Code, as added by this
Act.
(b) The photo identification access program required by
Section 31.012, Election Code, as added by this Act, must provide
for voter registration certificates to contain photographs for use
beginning with the general election for state and county officers
held in 2012.
SECTION 14. This Act takes effect September 1, 2011.