83R10477 ATP-D
By: Burnam H.B. No. 3593
A BILL TO BE ENTITLED
AN ACT
relating to the determination that a voter is ineligible to vote.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 18.068, Election Code, as added by
Chapter 683 (H.B. 174), Acts of the 82nd Legislature, Regular
Session, 2011, is amended to read as follows:
Sec. 18.068. COMPARISON OF INFORMATION REGARDING
INELIGIBILITY. (a) The secretary of state shall quarterly compare
the information received under Section 16.001 of this code and
Section 62.113, Government Code, to the statewide computerized
voter registration list. If the secretary determines that a voter
on the registration list is deceased or has been excused or
disqualified from jury service because the voter is not a citizen,
the secretary shall send notice of the determination to the voter
registrar of the counties considered appropriate by the secretary.
(b) The following information combinations identified as
common to a voter and an individual who is deceased or has been
excused or disqualified from jury service because the individual is
not a citizen are considered a weak match:
(1) an exact match of first name, last name, and date
of birth;
(2) an exact match of first name, last name, and full
social security number;
(3) an exact match of date of birth and full social
security number;
(4) an exact match of last name, date of birth, and
last four digits of social security number;
(5) an exact match of last name and full social
security number; or
(6) an exact match of information in the combination
described by Subdivision (1), (2), (3), (4), or (5) and additional
information determined by secretary of state rule, except as
provided by Subsection (e).
(c) The secretary of state may not determine that a voter is
deceased or is not a citizen based on a weak match. The secretary of
state may inform the county of the voter's residence that a weak
match exists.
(d) On receiving notification from the secretary of state
under Subsection (c) that a weak match of identifying information
exists for a county voter and an individual who is deceased or has
been excused or disqualified from jury service because the
individual is not a citizen, the county shall investigate whether
the voter is the individual who is deceased or has been excused or
disqualified from jury service because the individual is not a
citizen. If the county determines that the voter is alive or if the
voter appears to vote in person, the county shall request that the
voter provide any information required to be furnished on a voter
registration application that the county does not have recorded for
the voter, but the voter may not be required to furnish the
information. A weak match may not be the sole basis on which to
cancel a voter's voter registration or to require the voter to
furnish additional information to prevent cancellation of the
voter's voter registration.
(e) An exact match of the last name, full social security
number, and date of birth of a voter and an individual who is
deceased or has been excused or disqualified from jury service
because the individual is not a citizen is considered a strong
match, except that the secretary of state may by rule require more
information in common to determine that a strong match exists. The
secretary of state may determine that a voter is deceased or is not
a citizen based on a strong match.
(f) The secretary of state may obtain information from other
state agency databases when determining whether a voter is
deceased.
SECTION 2. Section 16.0332(a), Election Code, is amended to
read as follows:
(a) After the registrar receives notice from the secretary
of state under Section 18.068 of a determination that a person has
been excused or disqualified from jury service because of
citizenship status or a list under [Section 18.068 of this code or]
Section 62.113, Government Code, of persons excused or disqualified
from jury service because of citizenship status, the registrar
shall deliver to each registered voter whose name appears on the
notice or list a written notice requiring the voter to submit to the
registrar proof of United States citizenship in the form of a
certified copy of the voter's birth certificate, United States
passport, or certificate of naturalization or any other form
prescribed by the secretary of state. The written notice shall be
delivered by forwardable mail to the mailing address on the voter's
registration application and to any new address of the voter known
to the registrar.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.