82R11733 JRJ-D
By: Fraser, Birdwell, Carona, Deuell, Duncan,et al. S.B. No. 14
et al.
(Harless, Taylor of Galveston, Pena, Truitt,
A BILL TO BE ENTITLED
AN ACT
relating to requirements to vote, including presenting proof of
identification; providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002, Election Code, is amended by
adding Subsection (i) to read as follows:
(i) An applicant who wishes to receive an exemption from the
requirements of Section 63.001(b) on the basis of disability must
include with the person's application:
(1) written documentation:
(A) from the United States Social Security
Administration evidencing the applicant has been determined to have
a disability; or
(B) from the United States Department of Veterans
Affairs evidencing the applicant has a disability rating of at
least 50 percent; and
(2) a statement in a form prescribed by the secretary
of state that the applicant does not have a form of identification
acceptable under Section 63.0101.
SECTION 2. Section 15.001, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) A certificate issued to a voter who meets the
certification requirements of Section 13.002(i) must contain an
indication that the voter is exempt from the requirement to present
identification other than the registration certificate before
being accepted for voting.
SECTION 3. Effective September 1, 2011, Subchapter A,
Chapter 15, Election Code, is amended by adding Section 15.005 to
read as follows:
Sec. 15.005. NOTICE OF IDENTIFICATION REQUIREMENTS.
(a) The voter registrar of each county shall provide notice of the
identification requirements for voting prescribed by Chapter 63 and
a detailed description of those requirements with each voter
registration certificate issued under Section 13.142 or renewal
registration certificate issued under Section 14.001.
(b) The secretary of state shall prescribe the wording of
the notice to be included on the certificate under this section.
SECTION 4. Section 15.022(a), Election Code, is amended to
read as follows:
(a) The registrar shall make the appropriate corrections in
the registration records, including, if necessary, deleting a
voter's name from the suspense list:
(1) after receipt of a notice of a change in
registration information under Section 15.021;
(2) after receipt of a voter's reply to a notice of
investigation given under Section 16.033;
(3) after receipt of a registration omissions list and
any affidavits executed under Section 63.006 [63.007], following an
election;
(4) after receipt of a voter's statement of residence
executed under Section 63.0011;
(5) before the effective date of the abolishment of a
county election precinct or a change in its boundary;
(6) after receipt of United States Postal Service
information indicating an address reclassification;
(7) after receipt of a voter's response under Section
15.053; or
(8) after receipt of a registration application or
change of address under Chapter 20.
SECTION 5. Effective September 1, 2011, Subchapter A,
Chapter 31, Election Code, is amended by adding Section 31.012 to
read as follows:
Sec. 31.012. VOTER IDENTIFICATION EDUCATION. (a) The
secretary of state and the voter registrar of each county that
maintains a website shall provide notice of the identification
requirements for voting prescribed by Chapter 63 on each entity's
respective website in each language in which voter registration
materials are available. The secretary of state shall prescribe
the wording of the notice to be included on the websites.
(b) The secretary of state shall conduct a statewide effort
to educate voters regarding the identification requirements for
voting prescribed by Chapter 63.
(c) The county clerk of each county shall post in a
prominent location at the clerk's office a physical copy of the
notice prescribed under Subsection (a) in each language in which
voter registration materials are available.
SECTION 6. Effective September 1, 2011, Section 32.111,
Election Code, is amended by adding Subsection (c) to read as
follows:
(c) The training standards adopted under Subsection (a)
must include provisions on the acceptance and handling of the
identification presented by a voter to an election officer under
Section 63.001.
SECTION 7. Effective September 1, 2011, Section 32.114(a),
Election Code, is amended to read as follows:
(a) The county clerk shall provide one or more sessions of
training using the standardized training program and materials
developed and provided by the secretary of state under Section
32.111 for the election judges and clerks appointed to serve in
elections ordered by the governor or a county authority. Each
election judge shall complete the training program. Each election
clerk shall complete the part of the training program relating to
the acceptance and handling of the identification presented by a
voter to an election officer under Section 63.001.
SECTION 8. Chapter 62, Election Code, is amended by adding
Section 62.016 to read as follows:
Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE
POLLING PLACES. The presiding judge shall post in a prominent place
on the outside of each polling location a list of the acceptable
forms of identification. The list must be printed using a font that
is at least 24-point. The notice required under this section must
be posted separately from any other notice required by state or
federal law.
SECTION 9. Section 63.001, Election Code, is amended by
amending Subsections (b), (c), (d), and (f) and adding Subsections
(g) and (h) to read as follows:
(b) Except as provided by Subsection (h), on [On] offering
to vote, a voter must present to an election officer at the polling
place one form of identification described by Section 63.0101 [the
voter's voter registration certificate to an election officer at
the polling place].
(c) On presentation of the documentation required under
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. If in making a determination under this subsection
the election officer determines that the voter's name on the
documentation is substantially similar to but does not match
exactly with the name on the list, the voter shall be accepted for
voting under Subsection (d) if the voter submits an affidavit
stating that the voter is the person on the list of registered
voters.
(d) If, as determined under Subsection (c), 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) If the requirements for identification prescribed by
Subsection (b) are not met, the voter may be accepted for
provisional voting only under Section 63.011. For a voter who is
not accepted for voting under this section, an election officer
shall:
(1) inform the voter of the voter's right to cast a
provisional ballot under Section 63.011; and
(2) provide the voter with written information, in a
form prescribed by the secretary of state, that:
(A) lists the requirements for identification;
(B) states the procedure for presenting
identification under Section 65.0541;
(C) includes a map showing the location where
identification must be presented; and
(D) includes notice that even if all procedures
are followed, there is no guarantee that the voter's provisional
ballot will be accepted.
(h) The requirements for identification prescribed by
Subsection (b) do not apply to a voter who presents the voter's
voter registration certificate on offering to vote and:
(1) was 70 years of age or older on January 1, 2012, as
indicated by the date of birth on the voter's voter registration
certificate; or
(2) is disabled and the voter's voter registration
certificate contains the indication described by Section
15.001(c).
SECTION 10. Section 63.0011(a), Election Code, is amended
to read as follows:
(a) Before a voter may be accepted for voting, an election
officer shall ask the voter if the voter's residence address on the
precinct list of registered voters is current and whether the voter
has changed residence within the county. If the voter's address is
omitted from the precinct list under Section 18.005(c), the officer
shall ask the voter if the voter's residence, if [as] listed, on
identification presented by the voter under Section 63.001(b) [the
voter's voter registration certificate] is current and whether the
voter has changed residence within the county.
SECTION 11. Effective September 1, 2011, Chapter 63,
Election Code, is amended by adding Section 63.0012 to read as
follows:
Sec. 63.0012. NOTICE OF IDENTIFICATION REQUIREMENTS TO
CERTAIN VOTERS. (a) An election officer shall distribute written
notice of the identification that will be required for voting
beginning with elections held after January 1, 2012, and
information on obtaining identification without a fee under Section
521.422, Transportation Code, to each voter who, when offering to
vote, presents a form of identification that will not be sufficient
for acceptance as a voter under this chapter beginning with those
elections.
(b) The secretary of state shall prescribe the wording of
the notice and establish guidelines for distributing the notice.
(c) This section expires September 1, 2017.
SECTION 12. Section 63.006, Election Code, is amended to
read as follows:
Sec. 63.006. VOTER WITH REQUIRED DOCUMENTATION [CORRECT
CERTIFICATE] WHO IS NOT ON LIST. (a) A voter who, when offering to
vote, presents the documentation required under Section 63.001(b)
[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 also presents a
voter registration certificate indicating that the voter is
currently registered:
(1) in the precinct in which the voter is offering to
vote; or
(2) in a different precinct in the same county as the
precinct in which the voter is offering to vote and the voter
executes an affidavit stating that the voter:
(A) 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;
(B) was a resident of the precinct in which the
voter is offering to vote at the time the information on the voter's
residence address was last provided to the voter registrar;
(C) did not deliberately provide false
information to secure registration in a precinct in which the voter
does not reside; and
(D) is voting only once in the election.
(b) After the voter is accepted, an election officer shall:
(1) indicate beside the voter's name on the poll list
that the voter was accepted under this section; and
(2) enter the voter's name on the registration
omissions list.
SECTION 13. Section 63.009, Election Code, is amended to
read as follows:
Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.
A [(a) Except as provided by Subsection (b), a] voter who does not
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.
[(b) If an election officer can determine from the voter
registrar that the person is a registered voter of the county and
the person presents proof of identification, the affidavits
required by Sections 63.007 and 63.008 are substituted for the
affidavit required by Section 63.011 in complying with that
section. After the voter is accepted under this subsection, an
election officer shall also indicate beside the voter's name on the
poll list that the voter was accepted under this section.]
SECTION 14. Section 63.0101, Election Code, is amended to
read as follows:
Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
The following documentation is an acceptable form [as proof] of
photo identification under this chapter:
(1) a driver's license or personal identification card
issued to the person by the Department of Public Safety that has not
[or a similar document issued to the person by an agency of another
state, regardless of whether the license or card has] expired or
that expired no earlier than 60 days before the date of
presentation;
(2) a United States military identification card that
contains the person's photograph that has not expired or that
expired no earlier than 60 days before the date of presentation
[form of identification containing the person's photograph that
establishes the person's identity];
(3) a [birth certificate or other document confirming
birth that is admissible in a court of law and establishes the
person's identity;
[(4)] United States citizenship certificate [papers]
issued to the person that contains the person's photograph;
(4) [(5)] a United States passport issued to the
person that has not expired or that expired no earlier than 60 days
before the date of presentation; or
(5) a license to carry a concealed handgun issued to
the person by the Department of Public Safety that has not expired
or that expired no earlier than 60 days before the date of
presentation
[(6) official mail addressed to the person by name
from a governmental entity;
[(7) a copy of a current utility bill, bank statement,
government check, paycheck, or other government document that shows
the name and address of the voter; or
[(8) any other form of identification prescribed by
the secretary of state].
SECTION 15. Section 63.011, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) A person to whom Section 63.001(g) [63.008(b)] or 63.009
[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.
(b) A form for an affidavit required by this section must
[shall] be printed on an envelope in which the provisional ballot
voted by the person may be placed and must include:
(1) a space for entering the identification number of
the provisional ballot voted by the person; and
(2) a space for an election officer to indicate
whether the person presented a form of identification described by
Section 63.0101.
(b-1) The affidavit form may include space for disclosure of
any necessary information to enable the person to register to vote
under Chapter 13. The secretary of state shall prescribe the form
of the affidavit under this section.
SECTION 16. Section 64.012(b), Election Code, is amended to
read as follows:
(b) An offense under this section is a felony of the second
[third] degree unless the person is convicted of an attempt. In
that case, the offense is a state jail felony [Class A misdemeanor].
SECTION 17. Section 65.054, Election Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) A provisional ballot shall [may] be accepted [only] if
the board determines that:
(1) [,] 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 person:
(A) meets the identification requirements of
Section 63.001(b) at the time the ballot was cast or in the period
prescribed under Section 65.0541; or
(B) executes an affidavit under penalty of
perjury stating that:
(i) the voter:
(a) is indigent and is unable to
obtain proof of identification without the payment of a fee; or
(b) has a religious objection to being
photographed; and
(ii) the voter has not been challenged and
voted a provisional ballot solely because the voter did not meet the
requirements for identification prescribed by Section 63.001(b).
(e) In this section, "indigent" has the meaning assigned by
Section 51.941(e), Government Code.
SECTION 18. 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 day after the date of the election:
(1) present a form of identification described by
Section 63.0101 to the voter registrar for examination; or
(2) execute an affidavit described by Section
65.054(b)(2)(B) in the presence of the voter registrar.
(b) The secretary of state shall prescribe procedures as
necessary to implement this section.
SECTION 19. Section 66.0241, Election Code, is amended to
read as follows:
Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
must contain:
(1) the precinct list of registered voters;
(2) the registration correction list;
(3) the registration omissions list;
(4) any statements of residence executed under Section
63.0011; and
(5) any affidavits executed under Section 63.006
[63.007] or 63.011.
SECTION 20. Section 521.422, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) Except as provided by Subsection (d), the [The] fee for
a personal identification certificate is:
(1) $15 for a person under 60 years of age;
(2) $5 for a person 60 years of age or older; and
(3) $20 for a person subject to the registration
requirements under Chapter 62, Code of Criminal Procedure.
(d) The department may not collect a fee for a personal
identification certificate issued to a person who states that the
person is obtaining the personal identification certificate for the
purpose of satisfying Section 63.001(b), Election Code, and does
not have another form of identification described by Section
63.0101, Election Code, and:
(1) who is a registered voter in this state and
presents a valid voter registration certificate; or
(2) who is eligible for registration under Section
13.001, Election Code, and submits a registration application to
the department.
SECTION 21. Sections 63.007 and 63.008, Election Code, are
repealed.
SECTION 22. Effective September 1, 2011:
(1) as soon as practicable, the secretary of state
shall adopt the training standards and develop the training
materials required to implement the change in law made by this Act
to Section 32.111, Election Code; and
(2) as soon as practicable, the county clerk of each
county shall provide a session of training under Section 32.114,
Election Code, using the standards adopted and materials developed
to implement the change in law made by this Act to Section 32.111,
Election Code.
SECTION 23. The change in law made by this Act in amending
Section 64.012(b), Election Code, applies only to an offense
committed on or after January 1, 2012. An offense committed before
January 1, 2012, is covered by the law in effect when the offense
was committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense is committed
before January 1, 2012, if any element of the offense occurs before
that date.
SECTION 24. Effective September 1, 2011, state funds
disbursed under Chapter 19, Election Code, for the purpose of
defraying expenses of the voter registrar's office in connection
with voter registration may also be used for additional expenses
related to coordinating voter registration drives or other
activities designed to expand voter registration. This section
expires January 1, 2013.
SECTION 25. Except as otherwise provided by this Act, this
Act takes effect January 1, 2012.