83R21258 ATP-D
By: Burnam H.B. No. 3593
Substitute the following for H.B. No. 3593:
By: Morrison C.S.H.B. No. 3593
A BILL TO BE ENTITLED
AN ACT
relating to the determination that a voter is deceased.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 16.033(b), (c), and (d), Election Code,
are amended to read as follows:
(b) If the registrar has reason to believe that a voter is no
longer eligible for registration, the registrar shall deliver
written notice to the voter indicating that the voter's
registration status is being investigated by the registrar. The
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. If the secretary of
state has adopted or recommended a form for a written notice under
this section, the registrar must use that form.
(c) The notice must include:
(1) a request for information relevant to determining
the voter's eligibility for registration; and
(2) a warning that the voter's registration is subject
to cancellation if the registrar does not receive an appropriate
reply on or before the 60th [30th] day after the date the notice is
mailed.
(d) Except as provided by Subsection (e), the registrar
shall cancel a voter's registration if:
(1) after considering the voter's reply, the registrar
determines that the voter is not eligible for registration;
(2) no reply is received from the voter on or before
the 60th [30th] day after the date the notice is mailed to the voter
under Subsection (b); or
(3) each notice mailed under Subsection (b) is
returned undelivered to the registrar with no forwarding
information available.
SECTION 2. 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 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 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, the
county shall investigate whether the voter is the individual who is
deceased. 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 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 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 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.