Texas 2015 - 84th Regular

Texas Senate Bill SB407 Compare Versions

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

Old	New	Differences
1	1	84R5105 JRJ-F
2	2	By: Rodríguez S.B. No. 407
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the acceptance of a voter.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 15.005(b), Election Code, is amended to
10	10	read as follows:
11	11	(b) The notice included on the certificate under this
12	12	section must state: "All eligible voters shall be accepted for
13	13	voting if identification is provided that includes one form of
14	14	photo identification or two forms of nonphoto identification. If
15	15	an eligible voter cannot provide these documents, the voter shall
16	16	be allowed to vote if a signed affidavit subject to verification is
17	17	provided." [secretary of state shall prescribe the wording of the
18	18	notice to be included on the certificate under this section.]
19	19	SECTION 2. Section 31.012, Election Code, is amended to
20	20	read as follows:
21	21	Sec. 31.012. VOTER IDENTIFICATION EDUCATION. (a) The
22	22	secretary of state, in cooperation with appropriate nonprofit
23	23	organizations as determined by the secretary of state and with each
24	24	party whose nominee for governor in the most recent gubernatorial
25	25	general election received 20 percent or more of the total number of
26	26	votes received by all candidates for governor in the election,
27	27	shall establish a statewide voter education project to [and the
28	28	voter registrar of each county that maintains a website shall]
29	29	provide notice of the identification requirements for voting
30	30	prescribed by Chapter 63 and to increase awareness regarding the
31	31	methods of acquiring the required identification [on each entity's
32	32	respective website in each language in which voter registration
33	33	materials are available. The secretary of state shall prescribe
34	34	the wording of the notice to be included on the websites].
35	35	(b) A project established under this section must include:
36	36	(1) a community outreach program in which information
37	37	about the identification requirements is provided considering the
38	38	needs of individuals in each community; and
39	39	(2) a communications strategy for providing
40	40	information about the identification requirements through print,
41	41	radio, and television in each electronic media market [The
42	42	secretary of state shall conduct a statewide effort to educate
43	43	voters regarding the identification requirements for voting
44	44	prescribed by Chapter 63].
45	45	(c) The county clerk or county elections administrator
46	46	shall administer projects established under this section [of each
47	47	county shall post in a prominent location at the clerk's office a
48	48	physical copy of the notice prescribed under Subsection (a) in each
49	49	language in which voter registration materials are available].
50	50	SECTION 3. Section 62.011(d), Election Code, is amended to
51	51	read as follows:
52	52	(d) The poster must also include the following information:
53	53	(1) the date of the election and the hours during which
54	54	the polling place is open;
55	55	(2) general information on voting rights under state
56	56	and federal laws, including information on the right of an
57	57	individual to cast a provisional ballot, the right to receive a
58	58	written and signed explanation if an individual is not accepted to
59	59	cast a regular ballot, and the individuals to contact if a person
60	60	believes these rights have been violated; and
61	61	(3) general information on state and federal laws that
62	62	prohibit acts of fraud or misrepresentation.
63	63	SECTION 4. Section 62.0115(b), Election Code, is amended to
64	64	read as follows:
65	65	(b) Except as revised by the secretary of state under
66	66	Subsection (d), the notice must state that a voter has the right to:
67	67	(1) vote a ballot and view written instructions on how
68	68	to cast a ballot;
69	69	(2) vote in secret and free from intimidation;
70	70	(3) receive up to two additional ballots if the voter
71	71	mismarks, damages, or otherwise spoils a ballot;
72	72	(4) request instructions on how to cast a ballot, but
73	73	not to receive suggestions on how to vote;
74	74	(5) bring an interpreter to translate the ballot and
75	75	any instructions from election officials;
76	76	(6) receive assistance in casting the ballot if the
77	77	voter:
78	78	(A) has a physical disability that renders the
79	79	voter unable to write or see; or
80	80	(B) cannot read the language in which the ballot
81	81	is written;
82	82	(7) cast a ballot on executing an affidavit as
83	83	provided by law, if the voter's eligibility to vote is questioned;
84	84	(8) report an existing or potential abuse of voting
85	85	rights to the secretary of state or the local election official;
86	86	(9) except as provided by Section 85.066(b), [Election
87	87	Code,] vote at any early voting location in the county in which the
88	88	voter resides in an election held at county expense, a primary
89	89	election, or a special election ordered by the governor; [and]
90	90	(10) file an administrative complaint with the
91	91	secretary of state concerning a violation of federal or state
92	92	voting procedures; and
93	93	(11) receive a written and signed explanation if the
94	94	voter is not accepted to cast a regular ballot.
95	95	SECTION 5. Section 63.001, Election Code, is amended by
96	96	amending Subsections (b), (c), (d), (g), and (h) and adding
97	97	Subsection (i) to read as follows:
98	98	(b) On [Except as provided by Subsection (h), on] offering
99	99	to vote, a voter must present to an election officer at the polling
100	100	place:
101	101	(1) one form of photo identification listed in
102	102	[described by] Section 63.0101(a);
103	103	(2) two different forms of identification listed in
104	104	Section 63.0101(b); or
105	105	(3) the voter's voter registration certificate,
106	106	accompanied by the affidavit described by Subsection (h) [63.0101].
107	107	(c) On presentation of the documentation required by
108	108	[under] Subsection (b), an election officer shall determine whether
109	109	the voter's name on the registration certificate [documentation] is
110	110	on the list of registered voters for the precinct. [If in making a
111	111	determination under this subsection the election officer
112	112	determines under standards adopted by the secretary of state that
113	113	the voter's name on the documentation is substantially similar to
114	114	but does not match exactly with the name on the list, the voter
115	115	shall be accepted for voting under Subsection (d) if the voter
116	116	submits an affidavit stating that the voter is the person on the
117	117	list of registered voters.]
118	118	(d) If[, as determined under Subsection (c),] the voter's
119	119	name is on the precinct list of registered voters and the voter
120	120	presents the required [voter's identity can be verified from the]
121	121	documentation [presented] under Subsection (b), the voter shall be
122	122	accepted for voting.
123	123	(g) If the requirements for identification prescribed by
124	124	Subsection (b) are not met, the voter may be accepted for
125	125	provisional voting only under Section 63.011. An election officer
126	126	shall inform [For] a voter who is not accepted for voting under this
127	127	section[, an election officer shall:
128	128	[(1) inform the voter] of the voter's right to cast a
129	129	provisional ballot under Section 63.011[; and
130	130	[(2) provide the voter with written information, in a
131	131	form prescribed by the secretary of state, that:
132	132	[(A) lists the requirements for identification;
133	133	[(B) states the procedure for presenting
134	134	identification under Section 65.0541;
135	135	[(C) includes a map showing the location where
136	136	identification must be presented; and
137	137	[(D) includes notice that if all procedures are
138	138	followed and the voter is found to be eligible to vote and is voting
139	139	in the correct precinct, the voter's provisional ballot will be
140	140	accepted].
141	141	(h) If the requirement [The requirements] for
142	142	identification prescribed by Subsection (b)(1) or (2) is not met,
143	143	an election officer shall notify the voter that the voter may be
144	144	accepted for voting if the voter executes an affidavit under
145	145	penalty of perjury stating that the voter is the person named on
146	146	[(b) do not apply to a voter who is disabled and presents] the
147	147	[voter's] voter registration certificate. The affidavit must
148	148	include the voter's name, address, year of birth, and signature
149	149	[containing the indication described by Section 15.001(c) on
150	150	offering to vote].
151	151	(i) An election officer who determines not to accept a voter
152	152	shall provide the voter with a statement signed by the election
153	153	officer listing all reasons why that voter was not accepted and the
154	154	circumstances under which a voter may vote a provisional ballot.
155	155	The statement shall be on a form prescribed by the secretary of
156	156	state. The form shall include a list of common reasons for not
157	157	accepting a voter and a space or box next to each reason to indicate
158	158	whether the reason applies to the voter, and a space or box to
159	159	indicate whether the voter was offered the opportunity to cast a
160	160	provisional ballot. The secretary of state, to the extent
161	161	practicable, shall prescribe the use of existing forms to provide
162	162	the statement required by this subsection to minimize the number of
163	163	forms needed at a polling place.
164	164	SECTION 6. Section 63.006(a), Election Code, is amended to
165	165	read as follows:
166	166	(a) A voter who, when offering to vote, presents the
167	167	documentation required under Section 63.001(b)(1) or (2)
168	168	[63.001(b)] but whose name is not on the precinct list of registered
169	169	voters shall be accepted for voting if the voter also presents a
170	170	voter registration certificate indicating that the voter is
171	171	currently registered:
172	172	(1) in the precinct in which the voter is offering to
173	173	vote if the name listed on the documentation matches the name listed
174	174	on the voter registration certificate; or
175	175	(2) in a different precinct in the same county as the
176	176	precinct in which the voter is offering to vote and the voter
177	177	executes an affidavit stating that the voter:
178	178	(A) is a resident of the precinct in which the
179	179	voter is offering to vote or is otherwise entitled by law to vote in
180	180	that precinct;
181	181	(B) was a resident of the precinct in which the
182	182	voter is offering to vote at the time the information on the voter's
183	183	residence address was last provided to the voter registrar;
184	184	(C) did not deliberately provide false
185	185	information to secure registration in a precinct in which the voter
186	186	does not reside; and
187	187	(D) is voting only once in the election.
188	188	SECTION 7. Section 63.0101, Election Code, is amended to
189	189	read as follows:
190	190	Sec. 63.0101. DOCUMENTATION OF PROOF OF
191	191	IDENTIFICATION. (a) The following documentation is an acceptable
192	192	form of photo identification under this chapter:
193	193	(1) a driver's license[, election identification
194	194	certificate,] or personal identification card issued to the person
195	195	by the Department of Public Safety that has not expired or that
196	196	expired no earlier than two years [60 days] before the date of
197	197	presentation;
198	198	(2) a United States military identification card that
199	199	contains the person's photograph [that has not expired or that
200	200	expired no earlier than 60 days before the date of presentation];
201	201	(3) a United States citizenship or naturalization
202	202	certificate issued to the person that contains the person's
203	203	photograph;
204	204	(4) a United States passport issued to the person
205	205	[that has not expired or that expired no earlier than 60 days before
206	206	the date of presentation]; [or]
207	207	(5) a license to carry a concealed handgun issued to
208	208	the person by the Department of Public Safety; or
209	209	(6) a valid identification card that contains the
210	210	person's photograph and is issued by:
211	211	(A) an agency or institution of the federal
212	212	government; or
213	213	(B) an agency, institution, or political
214	214	subdivision of this state.
215	215	(b) The following documentation is acceptable as proof of
216	216	identification under this chapter:
217	217	(1) the person's voter registration certificate;
218	218	(2) a copy of a current utility bill, bank statement,
219	219	government check, paycheck, or other government document that shows
220	220	the name and address of the person;
221	221	(3) official mail addressed to the person by name from
222	222	a governmental entity;
223	223	(4) a certified copy of a birth certificate or other
224	224	document confirming birth that is admissible in a court of law and
225	225	establishes the person's identity;
226	226	(5) United States citizenship papers issued to the
227	227	person;
228	228	(6) an original or certified copy of the person's
229	229	marriage license or divorce decree;
230	230	(7) court records of the person's adoption, name
231	231	change, or sex change;
232	232	(8) an identification card issued to the person by a
233	233	governmental entity of this state or the United States for the
234	234	purpose of obtaining public benefits, including veterans benefits,
235	235	Medicaid, or Medicare;
236	236	(9) a temporary driving permit issued to the person by
237	237	the Department of Public Safety;
238	238	(10) a pilot's license issued to the person by the
239	239	Federal Aviation Administration or another authorized agency of the
240	240	United States;
241	241	(11) a library card that contains the person's name
242	242	issued to the person by a public library located in this state;
243	243	(12) a hunting or fishing license issued to the person
244	244	by the Parks and Wildlife Department; or
245	245	(13) an identification card issued to the person by a
246	246	public or private institution of higher education located in this
247	247	state [that has not expired or that expired no earlier than 60 days
248	248	before the date of presentation].
249	249	SECTION 8. Section 64.012, Election Code, is amended by
250	250	adding Subsection (c) to read as follows:
251	251	(c) The early voting ballot board may examine the signature
252	252	and other information provided with an affidavit executed under
253	253	Section 63.001(h) to determine if there is a reason to suspect voter
254	254	impersonation for the purpose of prosecuting an offense under this
255	255	section. The early voting ballot board may notify the appropriate
256	256	county or district attorney of a determination of suspicion under
257	257	this subsection.
258	258	SECTION 9. Section 65.051(a), Election Code, is amended to
259	259	read as follows:
260	260	(a) The early voting ballot board shall verify and count
261	261	provisional ballots as provided by this subchapter not later than
262	262	the 10th [seventh] day after the date of an election.
263	263	SECTION 10. Section 65.054(b), Election Code, is amended to
264	264	read as follows:
265	265	(b) A provisional ballot may [shall] be accepted if the
266	266	board determines that,[:
267	267	[(1)] from the information in the affidavit or
268	268	contained in public records, the person is eligible to vote in the
269	269	election and has not previously voted in that election[;
270	270	[(2) the person:
271	271	[(A) meets the identification requirements of
272	272	Section 63.001(b) at the time the ballot was cast or in the period
273	273	prescribed under Section 65.0541;
274	274	[(B) notwithstanding Chapter 110, Civil Practice
275	275	and Remedies Code, executes an affidavit under penalty of perjury
276	276	that states the voter has a religious objection to being
277	277	photographed and the voter has consistently refused to be
278	278	photographed for any governmental purpose from the time the voter
279	279	has held this belief; or
280	280	[(C) executes an affidavit under penalty of
281	281	perjury that states the voter does not have any identification
282	282	meeting the requirements of Section 63.001(b) as a result of a
283	283	natural disaster that was declared by the president of the United
284	284	States or the governor, occurred not earlier than 45 days before the
285	285	date the ballot was cast, and caused the destruction of or inability
286	286	to access the voter's identification; and
287	287	[(3) the voter has not been challenged and voted a
288	288	provisional ballot solely because the voter did not meet the
289	289	requirements for identification prescribed by Section 63.001(b)].
290	290	SECTION 11. Sections 67.003(a) and (b), Election Code, are
291	291	amended to read as follows:
292	292	(a) Except as provided by Subsection (b) [or (c)], each
293	293	local canvassing authority shall convene to conduct the local
294	294	canvass at the time set by the canvassing authority's presiding
295	295	officer not earlier than the 11th [eighth] day or later than the
296	296	14th [11th] day after election day.
297	297	(b) For an election held on the uniform election date in
298	298	May, the local canvass must occur not later than the 14th [11th] day
299	299	after election day and not earlier than the later of:
300	300	(1) the third day after election day;
301	301	(2) the date on which the early voting ballot board has
302	302	verified and counted all provisional ballots, if a provisional
303	303	ballot has been cast in the election; or
304	304	(3) the date on which all timely received ballots cast
305	305	from addresses outside of the United States are counted, if a ballot
306	306	to be voted by mail in the election was provided to a person outside
307	307	of the United States.
308	308	SECTION 12. Section 67.003(c), Election Code, is repealed.
309	309	SECTION 13. This Act takes effect September 1, 2015.