Texas 2015 - 84th Regular

Texas House Bill HB2258 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R7495 ADM-D
2	2	By: Fallon H.B. No. 2258
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring a voter to be affiliated with a political
8	8	party to vote in that party's primary election or otherwise
9	9	participate in that party's affairs; creating a criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 13.002(c), Election Code, is amended to
12	12	read as follows:
13	13	(c) A registration application must include:
14	14	(1) the applicant's first name, middle name, if any,
15	15	last name, and former name, if any;
16	16	(2) the month, day, and year of the applicant's birth;
17	17	(3) a statement that the applicant is a United States
18	18	citizen;
19	19	(4) a statement that the applicant is a resident of the
20	20	county;
21	21	(5) a statement that the applicant has not been
22	22	determined by a final judgment of a court exercising probate
23	23	jurisdiction to be:
24	24	(A) totally mentally incapacitated; or
25	25	(B) partially mentally incapacitated without the
26	26	right to vote;
27	27	(6) a statement that the applicant has not been
28	28	finally convicted of a felony or that the applicant is a felon
29	29	eligible for registration under Section 13.001;
30	30	(7) the applicant's residence address or, if the
31	31	residence has no address, the address at which the applicant
32	32	receives mail and a concise description of the location of the
33	33	applicant's residence;
34	34	(8) the following information:
35	35	(A) the applicant's Texas driver's license number
36	36	or the number of a personal identification card issued by the
37	37	Department of Public Safety;
38	38	(B) if the applicant has not been issued a number
39	39	described by Paragraph (A), the last four digits of the applicant's
40	40	social security number; or
41	41	(C) a statement by the applicant that the
42	42	applicant has not been issued a number described by Paragraph (A) or
43	43	(B);
44	44	(9) if the application is made by an agent, a statement
45	45	of the agent's relationship to the applicant; [and]
46	46	(10) the city and county in which the applicant
47	47	formerly resided; and
48	48	(11) the applicant's political party affiliation, if
49	49	any.
50	50	SECTION 2. Section 13.122(a), Election Code, is amended to
51	51	read as follows:
52	52	(a) In addition to the other statements and spaces for
53	53	entering information that appear on an officially prescribed
54	54	registration application form, each official form must include:
55	55	(1) the statement: "I understand that giving false
56	56	information to procure a voter registration is perjury and a crime
57	57	under state and federal law.";
58	58	(2) a space for the applicant's registration number;
59	59	(3) a space for the applicant's Texas driver's license
60	60	number or number of a personal identification card issued by the
61	61	Department of Public Safety;
62	62	(4) a space for the applicant's telephone number;
63	63	(5) a space for the applicant's social security
64	64	number;
65	65	(6) a space for the applicant's sex;
66	66	(7) a statement indicating that the furnishing of the
67	67	applicant's telephone number and sex is optional;
68	68	(8) a space or box for indicating whether the
69	69	applicant or voter is submitting new registration information or a
70	70	change in current registration information;
71	71	(9) a statement instructing a voter who is using the
72	72	form to make a change in current registration information to enter
73	73	the voter's name and the changed information in the appropriate
74	74	spaces on the form;
75	75	(10) a statement that if the applicant declines to
76	76	register to vote, that fact will remain confidential and will be
77	77	used only for voter registration purposes;
78	78	(11) a statement that if the applicant does register
79	79	to vote, information regarding the agency or office to which the
80	80	application is submitted will remain confidential and will be used
81	81	only for voter registration purposes;
82	82	(12) a space or box for indicating whether the
83	83	applicant is interested in working as an election judge;
84	84	(13) a statement warning that a conviction for making
85	85	a false statement may result in imprisonment for up to the maximum
86	86	amount of time provided by law, a fine of up to the maximum amount
87	87	provided by law, or both the imprisonment and the fine; [and]
88	88	(14) a space for the applicant's political party
89	89	affiliation; and
90	90	(15) any other voter registration information
91	91	required by federal law or considered appropriate and required by
92	92	the secretary of state.
93	93	SECTION 3. Section 15.001(a), Election Code, is amended to
94	94	read as follows:
95	95	(a) Each voter registration certificate issued must
96	96	contain:
97	97	(1) the voter's name in the form indicated by the
98	98	voter, subject to applicable requirements prescribed by Section
99	99	13.002 and by rule of the secretary of state;
100	100	(2) the voter's residence address or, if the residence
101	101	has no address, the address at which the voter receives mail and a
102	102	concise description of the location of the voter's residence;
103	103	(3) the month, day, and year of the voter's birth;
104	104	(4) the number of the county election precinct in
105	105	which the voter resides;
106	106	(5) the voter's effective date of registration if an
107	107	initial certificate;
108	108	(6) the voter's registration number;
109	109	(7) an indication of the period for which the
110	110	certificate is issued;
111	111	(8) a statement explaining the circumstances under
112	112	which the voter will receive a new certificate;
113	113	(9) a space for indicating [stamping] the voter's
114	114	political party affiliation;
115	115	(10) a statement that voting with the certificate by a
116	116	person other than the person in whose name the certificate is issued
117	117	is a felony;
118	118	(11) a space for the voter's signature;
119	119	(12) a statement that the voter must sign the
120	120	certificate personally, if able to sign, immediately on receipt;
121	121	(13) a space for the voter to correct the information
122	122	on the certificate followed by a signature line;
123	123	(14) the statement: "If any information on this
124	124	certificate changes or is incorrect, correct the information in the
125	125	space provided, sign below, and return this certificate to the
126	126	voter registrar.";
127	127	(15) the registrar's mailing address and telephone
128	128	number; and
129	129	(16) the jurisdictional or distinguishing number for
130	130	the following territorial units in which the voter resides, as
131	131	determined by the voter registrar:
132	132	(A) congressional district;
133	133	(B) state senatorial district;
134	134	(C) state representative district;
135	135	(D) commissioners precinct;
136	136	(E) justice precinct;
137	137	(F) city election precinct; and
138	138	(G) school district election precinct.
139	139	SECTION 4. Section 15.025(a), Election Code, is amended to
140	140	read as follows:
141	141	(a) Except as provided by Subsections (b) and (d) and
142	142	Section 162.003(d), the registration of a voter described by this
143	143	subsection whose information is changed on the registration records
144	144	becomes effective as to the change on the 30th day after:
145	145	(1) the date the voter submits to the registrar a
146	146	notice of a change in registration information under Section
147	147	15.021 or a response under Section 15.053, indicating the change;
148	148	or
149	149	(2) the date the voter submits a statement of
150	150	residence to an election officer under Section 63.0011 or a
151	151	registration application or change of address to an agency employee
152	152	under Chapter 20, indicating the change.
153	153	SECTION 5. Section 18.005(a), Election Code, is amended to
154	154	read as follows:
155	155	(a) Each original and supplemental list of registered
156	156	voters must:
157	157	(1) contain the voter's name, date of birth, and
158	158	registration number as provided by the statewide computerized voter
159	159	registration list;
160	160	(2) contain the voter's residence address, except as
161	161	provided by Subsections (b) and (c) or Section 18.0051;
162	162	(3) be arranged alphabetically by voter name; [and]
163	163	(4) contain the notation required by Section 15.111;
164	164	and
165	165	(5) contain the political party affiliation of each
166	166	voter, if any.
167	167	SECTION 6. Section 63.011(a), Election Code, is amended to
168	168	read as follows:
169	169	(a) A person to whom Section 63.001(g), [or] 63.009, or
170	170	172.1114(c) applies may cast a provisional ballot if the person
171	171	executes an affidavit stating that the person:
172	172	(1) is a registered voter in the precinct in which the
173	173	person seeks to vote; and
174	174	(2) is eligible to vote in the election.
175	175	SECTION 7. Section 112.002, Election Code, is amended by
176	176	adding Subsection (g) to read as follows:
177	177	(g) If the voter seeks a limited ballot for a party primary
178	178	election, the voter must indicate the political party the voter was
179	179	affiliated with at the address where the voter was previously
180	180	registered on the statement executed under Subsection (c). If the
181	181	early voting clerk can establish the voter's affiliation from the
182	182	previous registration, the voter is entitled to vote a limited
183	183	ballot in that party's primary.
184	184	SECTION 8. Section 142.004(a), Election Code, is amended to
185	185	read as follows:
186	186	(a) To be entitled to a place on the general election
187	187	ballot, a candidate must:
188	188	(1) make an application for a place on the ballot; and
189	189	(2) not be affiliated with a political party at the
190	190	time the application is made.
191	191	SECTION 9. Section 142.008, Election Code, is amended to
192	192	read as follows:
193	193	Sec. 142.008. STATEMENT ON PETITION. The following
194	194	statement must appear at the top of each page of a candidate's
195	195	petition: "I know the purpose of this petition. I am not
196	196	affiliated with a political party that holds a primary election
197	197	[have not voted in the general primary election or runoff primary
198	198	election of any political party that has nominated, at either
199	199	election, a candidate for the office of (insert office title) for
200	200	which (insert candidate's name) is a candidate]."
201	201	SECTION 10. Section 142.009, Election Code, is amended to
202	202	read as follows:
203	203	Sec. 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. A
204	204	signature on a candidate's petition is invalid if the signer:
205	205	(1) signed the petition on or before general primary
206	206	election day or, if a runoff primary is held for the office sought
207	207	by the candidate, on or before runoff primary election day; or
208	208	(2) is affiliated with a political party that holds a
209	209	primary election [voted in the general or runoff primary election
210	210	of a political party that made a nomination, at either primary, for
211	211	the office sought by the candidate].
212	212	SECTION 11. Section 161.005(a), Election Code, is amended
213	213	to read as follows:
214	214	(a) To be eligible to be a candidate for or to serve as a
215	215	county or precinct chair of a political party, a person must:
216	216	(1) be a qualified voter of the county and affiliated
217	217	with that political party; and
218	218	(2) except as provided by Subsection (c), not be a
219	219	candidate for nomination or election to, or be the holder of, an
220	220	elective office of the federal, state, or county government.
221	221	SECTION 12. Section 162.001(a), Election Code, is amended
222	222	to read as follows:
223	223	(a) A person must be affiliated with a political party to be
224	224	eligible:
225	225	(1) to serve as a delegate to or otherwise participate
226	226	in a convention held by the party under this code;
227	227	(2) to be elected as a member of or be appointed to
228	228	fill a vacancy on a state executive committee;
229	229	(3) to be appointed to fill a vacancy on a county
230	230	executive committee;
231	231	(4) to vote in the party's primary election;
232	232	(5) to be a candidate in the party's primary election;
233	233	(6) to be the party's nominee for an office elected at
234	234	the general election for state and county officers;
235	235	(7) to be a presidential elector for the political
236	236	party; or
237	237	(8) [(4)] for any other purpose within the party as
238	238	adopted by state party rules.
239	239	SECTION 13. Section 162.003, Election Code, is amended to
240	240	read as follows:
241	241	Sec. 162.003. AFFILIATION PROCEDURE [BY VOTING IN
242	242	PRIMARY]. (a) A person becomes affiliated with a political party
243	243	when the person notifies the registrar of the person's
244	244	affiliation[:
245	245	[(1) is accepted to vote in the party's primary
246	246	election; or
247	247	[(2) applies for and is provided an early voting or
248	248	limited primary ballot to be voted by mail].
249	249	(b) At the time a person registers to vote the person may:
250	250	(1) affiliate with a political party that holds a
251	251	primary election or a political party that makes its nominations by
252	252	convention regardless of whether the party has a state
253	253	organization; or
254	254	(2) indicate no affiliation with any political party.
255	255	(c) A registered voter who does not indicate an affiliation
256	256	with a political party of this state shall be listed as
257	257	"independent" on the voter's registration certificate and on the
258	258	list of registered voters.
259	259	(d) A registered voter may change the voter's affiliation
260	260	status by notifying the registrar as provided by Section 15.021.
261	261	The change becomes effective:
262	262	(1) in an odd-numbered year, the 30th day after the
263	263	date the voter submits notice of the change to the registrar under
264	264	Section 15.021; or
265	265	(2) in an even-numbered year:
266	266	(A) if the change is submitted on or before the
267	267	31st day before the date of the general primary, the 30th day after
268	268	the date the voter submits notice of the change; or
269	269	(B) for a change submitted after the time
270	270	described in Paragraph (A), January 1 of the following year.
271	271	(e) A person may also indicate a party affiliation at the
272	272	time the person submits a federal postcard application under
273	273	Chapter 101. For an application that indicates a party preference
274	274	submitted by a person:
275	275	(1) who is not a registered voter, the affiliation
276	276	takes effect on the earlier of:
277	277	(A) the first election at which the person is
278	278	eligible to vote following the submission of the application; or
279	279	(B) the 30th day after the date the application
280	280	is received; or
281	281	(2) who is a registered voter, any change in
282	282	affiliation takes effect at the time provided for a change under
283	283	Subsection (d).
284	284	(f) The secretary of state shall prescribe any additional
285	285	procedures necessary to implement this section.
286	286	SECTION 14. Section 162.010(a), Election Code, is amended
287	287	to read as follows:
288	288	(a) A [Except as provided by Subsection (b), a] party
289	289	affiliation expires on cancellation of a voter's registration or at
290	290	the time a change in affiliation takes effect under Section
291	291	162.003(d) [at the end of the voting year in which the person became
292	292	affiliated].
293	293	SECTION 15. Section 162.013, Election Code, is amended to
294	294	read as follows:
295	295	Sec. 162.013. VOID VOTE. A vote in a primary election is
296	296	void if the voter is not affiliated with the political party holding
297	297	the primary [previously voted in a primary election of another
298	298	party or participated in a convention of another party during the
299	299	same voting year].
300	300	SECTION 16. Section 162.014(a), Election Code, is amended
301	301	to read as follows:
302	302	(a) A person commits an offense if the person knowingly
303	303	votes or attempts to vote in a primary election or participates or
304	304	attempts to participate in a convention of a party without being
305	305	affiliated with that party [after having voted in a primary
306	306	election or participated in a convention of another party during
307	307	the same voting year].
308	308	SECTION 17. Section 162.017(e), Election Code, is amended
309	309	to read as follows:
310	310	(e) The preregistration process must [include the statement
311	311	described by Section 162.004(a) and] require a preregistering
312	312	attendee who is not affiliated with the party to affiliate with the
313	313	party in accordance with Section 162.003 [by taking the oath
314	314	described in Section 162.007(b)].
315	315	SECTION 18. Section 172.021, Election Code, is amended by
316	316	amending Subsection (b) and adding Subsections (b-1) and (h) to
317	317	read as follows:
318	318	(b) In [An application must, in] addition to complying with
319	319	Section 141.031, an application must:
320	320	(1) indicate that, at the time of the application, the
321	321	applicant is affiliated with the political party whose nomination
322	322	for office the candidate seeks; and
323	323	(2) be accompanied by the appropriate filing fee or a
324	324	petition in lieu of the filing fee that satisfies the requirements
325	325	prescribed by Section 141.062.
326	326	(b-1) A political party may not require payment of a fee
327	327	under this section as a condition to applying for a place on the
328	328	ballot as a candidate for county chair or precinct chair.
329	329	(h) A signature on a petition under this section is not
330	330	valid if at the time of signing the signer is affiliated with a
331	331	political party other than the party whose nomination for office
332	332	the candidate seeks. A signature on a petition under this section
333	333	is valid if at the time of signing the signer is unaffiliated with a
334	334	political party.
335	335	SECTION 19. Section 172.026, Election Code, is amended to
336	336	read as follows:
337	337	Sec. 172.026. RESTRICTION ON PETITION SIGNER. On signing a
338	338	petition to be filed under Section 172.021, the signer becomes
339	339	ineligible to affiliate with [vote in a primary election or
340	340	participate in a convention of] another political party during the
341	341	voting year in which the primary election is held.
342	342	SECTION 20. Section 172.027, Election Code, is amended to
343	343	read as follows:
344	344	Sec. 172.027. STATEMENT ON PETITION. The following
345	345	statement must appear at the top of each page of a petition to be
346	346	filed under Section 172.021: "I know that the purpose of this
347	347	petition is to entitle (insert candidate's name) to have his or her
348	348	name placed on the ballot for the office of (insert office title,
349	349	including any place number or other distinguishing number) for the
350	350	(insert political party's name) primary election. I understand
351	351	that by signing this petition I become ineligible to affiliate with
352	352	another political party or to vote [in a primary election] or
353	353	participate in a primary election or convention of another party,
354	354	including a party not holding a primary election, during the voting
355	355	year in which this primary election is held."
356	356	SECTION 21. Section 172.086, Election Code, is amended to
357	357	read as follows:
358	358	Sec. 172.086. PLEDGE ON BALLOT. The following pledge shall
359	359	be placed on the primary election ballot above the listing of
360	360	candidates' names: "I am a (insert appropriate political party)
361	361	and understand that I am ineligible to affiliate with another
362	362	political party or to vote or participate in another political
363	363	party's primary election or convention during this voting year."
364	364	SECTION 22. Section 172.088(c), Election Code, is amended
365	365	to read as follows:
366	366	(c) A petition signer may not at the time of signing be
367	367	affiliated with another political party. A political party by rule
368	368	may provide for permitting voters who are not affiliated with any
369	369	political party to be eligible to sign a petition under this section
370	370	[restricting petition signers on the basis of party alignment or
371	371	preference].
372	372	SECTION 23. Subchapter E, Chapter 172, Election Code, is
373	373	amended by adding Section 172.1114 to read as follows:
374	374	Sec. 172.1114. AFFILIATION WITH PARTY REQUIRED. (a) The
375	375	signature roster for a primary election must state at the top of
376	376	each page "A person commits a criminal offense if the person
377	377	knowingly votes in a primary election or participates in a
378	378	convention of a party without being affiliated with that party."
379	379	(b) Except as provided by Subsection (c), a person may not
380	380	be accepted for voting in a primary election of a political party
381	381	unless:
382	382	(1) the list of registered voters indicates that the
383	383	person is affiliated with that political party; or
384	384	(2) the voter's registration certificate indicates
385	385	that the voter is affiliated with that political party.
386	386	(c) A person who seeks to vote in a primary election but
387	387	cannot establish the person's party affiliation under Subsection
388	388	(b) may be accepted only for provisional voting under Section
389	389	63.011.
390	390	SECTION 24. Section 172.126(g), Election Code, is amended
391	391	to read as follows:
392	392	(g) A separate set of ballot boxes or other suitable
393	393	containers approved by the secretary of state shall be used for each
394	394	party's primary, except that one set of ballot boxes or other
395	395	containers may be used in a joint primary using an electronic voting
396	396	system in which the ballots are deposited by the voters directly
397	397	into a unit of automatic tabulating equipment. [The lists of
398	398	registered voters and the voters' registration certificates shall
399	399	be marked and stamped to show the appropriate party affiliation for
400	400	each voter.] A separate list of registered voters shall be used for
401	401	each party's primary. The secretary of state by rule shall
402	402	prescribe requirements to ensure that one party's ballot is readily
403	403	distinguished from another's, which may include the use of
404	404	different colors of ink.
405	405	SECTION 25. Sections 181.006(f) and (g), Election Code, are
406	406	amended to read as follows:
407	407	(f) The following statement must appear at the top of each
408	408	page of the petition: "I know that the purpose of this petition is
409	409	to entitle the _______ Party to have its nominees placed on the
410	410	ballot in the general election for state and county officers. I am
411	411	not affiliated with another political party. [I have not voted in
412	412	a primary election or participated in a convention of another party
413	413	during this voting year, and I understand that I become ineligible
414	414	to do so by signing this petition.] I understand that signing more
415	415	than one petition to entitle a party to have its nominees placed on
416	416	the general election ballot in the same election is prohibited."
417	417	(g) A person who is affiliated with another political party
418	418	[has voted in a primary election or participated in a convention of
419	419	another party during the voting year in which the petition is
420	420	circulated] is ineligible to sign the petition, and the signature
421	421	of such a person is invalid.
422	422	SECTION 26. Section 181.031(a), Election Code, is amended
423	423	to read as follows:
424	424	(a) To be entitled to be considered for nomination by a
425	425	convention held under this chapter, a person must:
426	426	(1) make an application for nomination; and
427	427	(2) be affiliated with the political party whose
428	428	nomination for office the candidate seeks.
429	429	SECTION 27. Section 181.065, Election Code, is amended to
430	430	read as follows:
431	431	Sec. 181.065. PARTICIPANT TO BE AFFILIATED WITH PARTY
432	432	[REGISTERED VOTER]. To be eligible to participate in a precinct
433	433	convention held under this chapter, a person must be affiliated
434	434	with the political party [a registered voter of the precinct or a
435	435	precinct resident who is eligible to vote a limited ballot].
436	436	SECTION 28. Section 182.0041(a), Election Code, is amended
437	437	to read as follows:
438	438	(a) To be entitled to be considered for nomination by a
439	439	convention held under this chapter, a person must:
440	440	(1) make an application for nomination; and
441	441	(2) be affiliated with the political party whose
442	442	nomination for office the candidate seeks.
443	443	SECTION 29. Sections 192.032(f) and (g), Election Code, are
444	444	amended to read as follows:
445	445	(f) The following statement must appear at the top of each
446	446	page of the petition: "I am not affiliated with a political party
447	447	that has held [did not vote this year in] a presidential primary
448	448	election this year."
449	449	(g) A signature on the petition is invalid if the signer:
450	450	(1) signs the petition on or before the date of the
451	451	presidential primary election in the presidential election year; or
452	452	(2) is affiliated with a political party that has held
453	453	[voted in] a presidential primary election during the presidential
454	454	election year.
455	455	SECTION 30. Section 203.011, Election Code, is amended to
456	456	read as follows:
457	457	Sec. 203.011. PARTY ALIGNMENT ON BALLOT. The party
458	458	alignment of each candidate shall be printed on the official ballot
459	459	next to the candidate's name. If a candidate is affiliated with a
460	460	political party, that party shall be printed next to the
461	461	candidate's name regardless of the party alignment provided on the
462	462	application under Section 203.005(b).
463	463	SECTION 31. Sections 162.001(b), 162.004, 162.005,
464	464	162.006, 162.007, 162.008, 162.009, 162.010(b), 162.011, 162.012,
465	465	172.1141, and 172.125, Election Code, are repealed.
466	466	SECTION 32. (a) Not later than October 1, 2015, the voter
467	467	registrar of each county shall mail to each registered voter in the
468	468	county notice of the affiliation requirement necessary to vote in a
469	469	party primary election or to participate in the affairs of a
470	470	political party. The notice must:
471	471	(1) inform the voter that to vote in a party primary
472	472	election or to otherwise participate in the affairs of a political
473	473	party the voter must be affiliated with that party;
474	474	(2) inform the voter of the process of affiliation
475	475	with the voter registrar and state that if a voter does not provide
476	476	an affiliation, the voter's next registration certificate will
477	477	indicate that the voter is "independent" and unable to vote in a
478	478	party's primary;
479	479	(3) include a postage paid postcard that may be
480	480	returned to the voter registrar to indicate the voter's
481	481	affiliation; and
482	482	(4) be in the form prescribed by the secretary of
483	483	state.
484	484	(b) If a registered voter does not indicate a party
485	485	affiliation before December 1, 2015, the voter registrar shall list
486	486	the voter's initial affiliation status as "independent." A person
487	487	whose initial affiliation status is established as independent
488	488	under this subsection may affiliate with a political party not
489	489	later than the 31st day before the date of the general primary
490	490	election in 2016 by providing notice of affiliation to the voter
491	491	registrar. Notwithstanding Section 162.003(d), Election Code, as
492	492	added by this Act, the affiliation takes effect on receipt of the
493	493	notice by the voter registrar.
494	494	(c) The change in law made by Section 18.005(a), Election
495	495	Code, as amended by this Act, requiring that each list of registered
496	496	voters must indicate the political affiliation of each voter
497	497	applies only to a list of registered voters produced by a voter
498	498	registrar on or after December 1, 2015.
499	499	(d) The change in law made by Section 15.001(a), Election
500	500	Code, as amended by this Act, requiring that each voter
501	501	registration certificate must indicate the political affiliation
502	502	of the voter applies only to a certificate effective for voting on
503	503	or after January 1, 2016.
504	504	SECTION 33. This Act takes effect September 1, 2015.