Texas 2017 - 85th Regular

Texas House Bill HB1005 Compare Versions

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

Old	New	Differences
1	1	85R3371 JRJ-D
2	2	By: Israel H.B. No. 1005
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements to vote, including presenting proof of
8	8	identification; providing criminal penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 15.022(a), Election Code, is amended to
11	11	read as follows:
12	12	(a) The registrar shall make the appropriate corrections in
13	13	the registration records, including, if necessary, deleting a
14	14	voter's name from the suspense list:
15	15	(1) after receipt of a notice of a change in
16	16	registration information under Section 15.021;
17	17	(2) after receipt of a voter's reply to a notice of
18	18	investigation given under Section 16.033;
19	19	(3) after receipt of any affidavits executed under
20	20	Section 63.007 [63.006], following an election;
21	21	(4) after receipt of a voter's statement of residence
22	22	executed under Section 63.0011;
23	23	(5) before the effective date of the abolishment of a
24	24	county election precinct or a change in its boundary;
25	25	(6) after receipt of United States Postal Service
26	26	information indicating an address reclassification;
27	27	(7) after receipt of a voter's response under Section
28	28	15.053; or
29	29	(8) after receipt of a registration application or
30	30	change of address under Chapter 20.
31	31	SECTION 2. Section 32.114(a), Election Code, is amended to
32	32	read as follows:
33	33	(a) The county clerk shall provide one or more sessions of
34	34	training using the standardized training program and materials
35	35	developed and provided by the secretary of state under Section
36	36	32.111 for the election judges and clerks appointed to serve in
37	37	elections ordered by the governor or a county authority. Each
38	38	election judge shall complete the training program. [Each election
39	39	clerk shall complete the part of the training program relating to
40	40	the acceptance and handling of the identification presented by a
41	41	voter to an election officer under Section 63.001.]
42	42	SECTION 3. Sections 63.001(b), (c), (d), and (f), Election
43	43	Code, are amended to read as follows:
44	44	(b) On [Except as provided by Subsection (h), on] offering
45	45	to vote, a voter must present the voter's voter registration
46	46	certificate to an election officer at the polling place [one form of
47	47	identification described by Section 63.0101].
48	48	(c) On presentation of a registration certificate [the
49	49	documentation required under Subsection (b)], an election officer
50	50	shall determine whether the voter's name on the registration
51	51	certificate [documentation] is on the list of registered voters for
52	52	the precinct. [If in making a determination under this subsection
53	53	the election officer determines under standards adopted by the
54	54	secretary of state that the voter's name on the documentation is
55	55	substantially similar to but does not match exactly with the name on
56	56	the list, the voter shall be accepted for voting under Subsection
57	57	(d) if the voter submits an affidavit stating that the voter is the
58	58	person on the list of registered voters.]
59	59	(d) If [, as determined under Subsection (c),] the voter's
60	60	name is on the precinct list of registered voters [and the voter's
61	61	identity can be verified from the documentation presented under
62	62	Subsection (b)], the voter shall be accepted for voting.
63	63	(f) After determining whether to accept a voter, an election
64	64	officer shall return the voter's registration certificate
65	65	[documentation] to the voter.
66	66	SECTION 4. Section 63.0011(a), Election Code, is amended to
67	67	read as follows:
68	68	(a) Before a voter may be accepted for voting, an election
69	69	officer shall ask the voter if the voter's residence address on the
70	70	precinct list of registered voters is current and whether the voter
71	71	has changed residence within the county. If the voter's address is
72	72	omitted from the precinct list under Section 18.005(c), the officer
73	73	shall ask the voter if the voter's residence as [, if] listed [,] on
74	74	the voter's voter registration certificate [identification
75	75	presented by the voter under Section 63.001(b)] is current and
76	76	whether the voter has changed residence within the county.
77	77	SECTION 5. Section 63.006, Election Code, is amended to
78	78	read as follows:
79	79	Sec. 63.006. VOTER WITH CORRECT CERTIFICATE [REQUIRED
80	80	DOCUMENTATION] WHO IS NOT ON LIST. (a) A voter who, when offering to
81	81	vote, presents a voter registration certificate indicating that the
82	82	voter is currently registered in the precinct in which the voter is
83	83	offering to vote, [the documentation required under Section
84	84	63.001(b)] but whose name is not on the precinct list of registered
85	85	voters, shall be accepted for voting [if the voter also presents a
86	86	voter registration certificate indicating that the voter is
87	87	currently registered:
88	88	[(1) in the precinct in which the voter is offering to
89	89	vote; or
90	90	[(2) in a different precinct in the same county as the
91	91	precinct in which the voter is offering to vote and the voter
92	92	executes an affidavit stating that the voter:
93	93	[(A) is a resident of the precinct in which the
94	94	voter is offering to vote or is otherwise entitled by law to vote in
95	95	that precinct;
96	96	[(B) was a resident of the precinct in which the
97	97	voter is offering to vote at the time the information on the voter's
98	98	residence address was last provided to the voter registrar;
99	99	[(C) did not deliberately provide false
100	100	information to secure registration in a precinct in which the voter
101	101	does not reside; and
102	102	[(D) is voting only once in the election].
103	103	(b) After the voter is accepted, an election officer shall
104	104	[:
105	105	[(1)] indicate beside the voter's name on the poll list
106	106	that the voter was accepted under this section[; and
107	107	[(2) enter the voter's name on the registration
108	108	omissions list].
109	109	SECTION 6. Chapter 63, Election Code, is amended by adding
110	110	Sections 63.007 and 63.008 to read as follows:
111	111	Sec. 63.007. VOTER WITH INCORRECT CERTIFICATE WHO IS NOT ON
112	112	LIST. (a) A voter who, when offering to vote, presents a voter
113	113	registration certificate indicating that the voter is currently
114	114	registered in a different precinct from the one in which the voter
115	115	is offering to vote, and whose name is not on the precinct list of
116	116	registered voters, shall be accepted for voting if the voter
117	117	executes an affidavit stating that the voter:
118	118	(1) is a resident of the precinct in which the voter is
119	119	offering to vote or is otherwise entitled by law to vote in that
120	120	precinct;
121	121	(2) was a resident of the precinct in which the voter
122	122	is offering to vote at the time the information on the voter's
123	123	residence address was last provided to the voter registrar;
124	124	(3) did not deliberately provide false information to
125	125	secure registration in a precinct in which the voter does not
126	126	reside; and
127	127	(4) is voting only once in the election.
128	128	(b) After the voter is accepted, an election officer shall
129	129	indicate beside the voter's name on the poll list that the voter was
130	130	accepted under this section.
131	131	Sec. 63.008. VOTER WITHOUT CERTIFICATE WHO IS ON LIST. (a) A
132	132	voter who does not present a voter registration certificate when
133	133	offering to vote, but whose name is on the list of registered voters
134	134	for the precinct in which the voter is offering to vote, shall be
135	135	accepted for voting if the voter executes an affidavit stating that
136	136	the voter does not have the voter's voter registration certificate
137	137	in the voter's possession at the polling place at the time of
138	138	offering to vote and the voter presents proof of identification in a
139	139	form described by Section 63.0101.
140	140	(b) If the requirements prescribed by Subsection (a) are not
141	141	met, the voter may be accepted for provisional voting only under
142	142	Section 63.011.
143	143	SECTION 7. Section 63.009, Election Code, is amended to
144	144	read as follows:
145	145	Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.
146	146	(a) Except as provided by Subsection (b), a [A] voter who does not
147	147	present a voter registration certificate when offering to vote, and
148	148	whose name is not on the list of registered voters for the precinct
149	149	in which the voter is offering to vote, shall be accepted for
150	150	provisional voting if the voter executes an affidavit in accordance
151	151	with Section 63.011.
152	152	(b) If an election officer can determine from the voter
153	153	registrar that the person is a registered voter of the county and
154	154	the person presents proof of identification, the affidavits
155	155	required by Sections 63.007 and 63.008 are substituted for the
156	156	affidavit required by Section 63.011 in complying with that
157	157	section. After the voter is accepted under this subsection, an
158	158	election officer shall also indicate beside the voter's name on the
159	159	poll list that the voter was accepted under this section.
160	160	SECTION 8. Section 63.0101, Election Code, is amended to
161	161	read as follows:
162	162	Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. The
163	163	following documentation is [an] acceptable as proof [form] of
164	164	[photo] identification under this chapter:
165	165	(1) a driver's license[, election identification
166	166	certificate,] or personal identification card issued to the person
167	167	by the Department of Public Safety or a similar document issued to
168	168	the person by an agency of another state, regardless of whether the
169	169	license or card [that] has [not] expired [or that expired no earlier
170	170	than 60 days before the date of presentation];
171	171	(2) a form of identification containing the person's
172	172	photograph that establishes the person's identity [United States
173	173	military identification card that contains the person's photograph
174	174	that has not expired or that expired no earlier than 60 days before
175	175	the date of presentation];
176	176	(3) a birth certificate or other document confirming
177	177	birth that is admissible in a court of law and establishes the
178	178	person's identity;
179	179	(4) United States citizenship papers [certificate
180	180	issued to the person that contains the person's photograph];
181	181	(5) [(4)] a United States passport issued to the
182	182	person [that has not expired or that expired no earlier than 60 days
183	183	before the date of presentation];
184	184	(6) official mail addressed to the person by name from
185	185	a governmental entity;
186	186	(7) a copy of a current utility bill, bank statement,
187	187	government check, paycheck, or other government document that shows
188	188	the name and address of the voter; or
189	189	(8) any other form of identification prescribed by the
190	190	secretary of state [or
191	191	[(5) a license to carry a handgun issued to the person
192	192	by the Department of Public Safety that has not expired or that
193	193	expired no earlier than 60 days before the date of presentation].
194	194	SECTION 9. Sections 63.011(a) and (b), Election Code, are
195	195	amended to read as follows:
196	196	(a) A person to whom Section 63.008(b) or 63.009(a)
197	197	[63.001(g) or 63.009] applies may cast a provisional ballot if the
198	198	person executes an affidavit stating that the person:
199	199	(1) is a registered voter in the precinct in which the
200	200	person seeks to vote; and
201	201	(2) is eligible to vote in the election.
202	202	(b) A form for an affidavit required by this section must be
203	203	printed on an envelope in which the provisional ballot voted by the
204	204	person may be placed and must include[:
205	205	[(1)] a space for entering the identification number
206	206	of the provisional ballot voted by the person[; and
207	207	[(2) a space for an election officer to indicate
208	208	whether the person presented a form of identification described by
209	209	Section 63.0101].
210	210	SECTION 10. Section 64.012(b), Election Code, is amended to
211	211	read as follows:
212	212	(b) An offense under this section is a felony of the third
213	213	[second] degree unless the person is convicted of an attempt. In
214	214	that case, the offense is a Class A misdemeanor [state jail felony].
215	215	SECTION 11. Section 65.054(b), Election Code, is amended to
216	216	read as follows:
217	217	(b) A provisional ballot may [shall] be accepted only if the
218	218	board determines that[:
219	219	[(1)] from the information in the affidavit or
220	220	contained in public records, the person is eligible to vote in the
221	221	election and has not previously voted in that election[;
222	222	[(2) the person:
223	223	[(A) meets the identification requirements of
224	224	Section 63.001(b) at the time the ballot was cast or in the period
225	225	prescribed under Section 65.0541;
226	226	[(B) notwithstanding Chapter 110, Civil Practice
227	227	and Remedies Code, executes an affidavit under penalty of perjury
228	228	that states the voter has a religious objection to being
229	229	photographed and the voter has consistently refused to be
230	230	photographed for any governmental purpose from the time the voter
231	231	has held this belief; or
232	232	[(C) executes an affidavit under penalty of
233	233	perjury that states the voter does not have any identification
234	234	meeting the requirements of Section 63.001(b) as a result of a
235	235	natural disaster that was declared by the president of the United
236	236	States or the governor, occurred not earlier than 45 days before the
237	237	date the ballot was cast, and caused the destruction of or inability
238	238	to access the voter's identification; and
239	239	[(3) the voter has not been challenged and voted a
240	240	provisional ballot solely because the voter did not meet the
241	241	requirements for identification prescribed by Section 63.001(b)].
242	242	SECTION 12. Section 66.0241, Election Code, is amended to
243	243	read as follows:
244	244	Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
245	245	must contain:
246	246	(1) the precinct list of registered voters;
247	247	(2) the registration correction list;
248	248	(3) any statements of residence executed under Section
249	249	63.0011; and
250	250	(4) any affidavits executed under Section 63.007
251	251	[63.006] or 63.011.
252	252	SECTION 13. (a) The following sections of the Election
253	253	Code are repealed:
254	254	(1) Section 13.002(i);
255	255	(2) Section 15.001(c);
256	256	(3) Section 15.005;
257	257	(4) Section 31.012;
258	258	(5) Section 32.111(c);
259	259	(6) Section 62.016;
260	260	(7) Sections 63.001(g) and (h);
261	261	(8) Section 63.0012; and
262	262	(9) Section 65.0541.
263	263	(b) Chapter 521A, Transportation Code, is repealed.
264	264	SECTION 14. This Act takes effect immediately if it
265	265	receives a vote of two-thirds of all the members elected to each
266	266	house, as provided by Section 39, Article III, Texas Constitution.
267	267	If this Act does not receive the vote necessary for immediate
268	268	effect, this Act takes effect September 1, 2017.