Texas 2017 - 85th Regular

Texas House Bill HB1061 Compare Versions

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

Old	New	Differences
1	1	85R1129 ADM-D
2	2	By: Rinaldi H.B. No. 1061
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	amending provisions subject to a criminal penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 13.002(c), Election Code, is amended to
13	13	read as follows:
14	14	(c) A registration application must include:
15	15	(1) the applicant's first name, middle name, if any,
16	16	last name, and former name, if any;
17	17	(2) the month, day, and year of the applicant's birth;
18	18	(3) a statement that the applicant is a United States
19	19	citizen;
20	20	(4) a statement that the applicant is a resident of the
21	21	county;
22	22	(5) a statement that the applicant has not been
23	23	determined by a final judgment of a court exercising probate
24	24	jurisdiction to be:
25	25	(A) totally mentally incapacitated; or
26	26	(B) partially mentally incapacitated without the
27	27	right to vote;
28	28	(6) a statement that the applicant has not been
29	29	finally convicted of a felony or that the applicant is a felon
30	30	eligible for registration under Section 13.001;
31	31	(7) the applicant's residence address or, if the
32	32	residence has no address, the address at which the applicant
33	33	receives mail and a concise description of the location of the
34	34	applicant's residence;
35	35	(8) the following information:
36	36	(A) the applicant's Texas driver's license number
37	37	or the number of a personal identification card issued by the
38	38	Department of Public Safety;
39	39	(B) if the applicant has not been issued a number
40	40	described by Paragraph (A), the last four digits of the applicant's
41	41	social security number; or
42	42	(C) a statement by the applicant that the
43	43	applicant has not been issued a number described by Paragraph (A) or
44	44	(B);
45	45	(9) if the application is made by an agent, a statement
46	46	of the agent's relationship to the applicant; [and]
47	47	(10) the city and county in which the applicant
48	48	formerly resided; and
49	49	(11) the applicant's political party affiliation, if
50	50	any.
51	51	SECTION 2. Section 13.122(a), Election Code, is amended to
52	52	read as follows:
53	53	(a) In addition to the other statements and spaces for
54	54	entering information that appear on an officially prescribed
55	55	registration application form, each official form must include:
56	56	(1) the statement: "I understand that giving false
57	57	information to procure a voter registration is perjury and a crime
58	58	under state and federal law.";
59	59	(2) a space for the applicant's registration number;
60	60	(3) a space for the applicant's Texas driver's license
61	61	number or number of a personal identification card issued by the
62	62	Department of Public Safety;
63	63	(4) a space for the applicant's telephone number;
64	64	(5) a space for the applicant's social security
65	65	number;
66	66	(6) a space for the applicant's sex;
67	67	(7) a statement indicating that the furnishing of the
68	68	applicant's telephone number and sex is optional;
69	69	(8) a space or box for indicating whether the
70	70	applicant or voter is submitting new registration information or a
71	71	change in current registration information;
72	72	(9) a statement instructing a voter who is using the
73	73	form to make a change in current registration information to enter
74	74	the voter's name and the changed information in the appropriate
75	75	spaces on the form;
76	76	(10) a statement that if the applicant declines to
77	77	register to vote, that fact will remain confidential and will be
78	78	used only for voter registration purposes;
79	79	(11) a statement that if the applicant does register
80	80	to vote, information regarding the agency or office to which the
81	81	application is submitted will remain confidential and will be used
82	82	only for voter registration purposes;
83	83	(12) a space or box for indicating whether the
84	84	applicant is interested in working as an election judge;
85	85	(13) a statement warning that a conviction for making
86	86	a false statement may result in imprisonment for up to the maximum
87	87	amount of time provided by law, a fine of up to the maximum amount
88	88	provided by law, or both the imprisonment and the fine; [and]
89	89	(14) a space for the applicant's political party
90	90	affiliation; and
91	91	(15) any other voter registration information
92	92	required by federal law or considered appropriate and required by
93	93	the secretary of state.
94	94	SECTION 3. Section 15.001(a), Election Code, is amended to
95	95	read as follows:
96	96	(a) Each voter registration certificate issued must
97	97	contain:
98	98	(1) the voter's name in the form indicated by the
99	99	voter, subject to applicable requirements prescribed by Section
100	100	13.002 and by rule of the secretary of state;
101	101	(2) the voter's residence address or, if the residence
102	102	has no address, the address at which the voter receives mail and a
103	103	concise description of the location of the voter's residence;
104	104	(3) the month, day, and year of the voter's birth;
105	105	(4) the number of the county election precinct in
106	106	which the voter resides;
107	107	(5) the voter's effective date of registration if an
108	108	initial certificate;
109	109	(6) the voter's registration number;
110	110	(7) an indication of the period for which the
111	111	certificate is issued;
112	112	(8) a statement explaining the circumstances under
113	113	which the voter will receive a new certificate;
114	114	(9) a space for indicating [stamping] the voter's
115	115	political party affiliation;
116	116	(10) a statement that voting with the certificate by a
117	117	person other than the person in whose name the certificate is issued
118	118	is a felony;
119	119	(11) a space for the voter's signature;
120	120	(12) a statement that the voter must sign the
121	121	certificate personally, if able to sign, immediately on receipt;
122	122	(13) a space for the voter to correct the information
123	123	on the certificate followed by a signature line;
124	124	(14) the statement: "If any information on this
125	125	certificate changes or is incorrect, correct the information in the
126	126	space provided, sign below, and return this certificate to the
127	127	voter registrar.";
128	128	(15) the registrar's mailing address and telephone
129	129	number; and
130	130	(16) the jurisdictional or distinguishing number for
131	131	the following territorial units in which the voter resides, as
132	132	determined by the voter registrar:
133	133	(A) congressional district;
134	134	(B) state senatorial district;
135	135	(C) state representative district;
136	136	(D) commissioners precinct;
137	137	(E) justice precinct;
138	138	(F) city election precinct; and
139	139	(G) school district election precinct.
140	140	SECTION 4. Section 15.025(a), Election Code, is amended to
141	141	read as follows:
142	142	(a) Except as provided by Subsections (b) and (d) and
143	143	Section 162.003(d), the registration of a voter described by this
144	144	subsection whose information is changed on the registration records
145	145	becomes effective as to the change on the 30th day after:
146	146	(1) the date the voter submits to the registrar a
147	147	notice of a change in registration information under Section 15.021
148	148	or a response under Section 15.053, indicating the change; 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 PRIMARY].
242	242	(a) A person becomes affiliated with a political party by notifying
243	243	the registrar of the person's affiliation [when the person:
244	244	[(1) is accepted to vote in the party's primary
245	245	election; or
246	246	[(2) applies for and is provided an early voting or
247	247	limited primary ballot to be voted by mail].
248	248	(b) At the time a person registers to vote the person may:
249	249	(1) affiliate with a political party that holds a
250	250	primary election or a political party that makes its nominations by
251	251	convention regardless of whether the party has a state
252	252	organization; or
253	253	(2) indicate no affiliation with any political party.
254	254	(c) A registered voter who does not indicate an affiliation
255	255	with a political party of this state shall be listed as
256	256	"independent" on the voter's registration certificate and on the
257	257	list of registered voters.
258	258	(d) A registered voter may change the voter's affiliation
259	259	status by notifying the registrar as provided by Section 15.021.
260	260	The change becomes effective:
261	261	(1) in an odd-numbered year, the 30th day after the
262	262	date the voter submits notice of the change to the registrar under
263	263	Section 15.021; or
264	264	(2) in an even-numbered year:
265	265	(A) if the change is submitted on or before the
266	266	31st day before the date of the general primary, the 30th day after
267	267	the date the voter submits notice of the change; or
268	268	(B) for a change submitted after the time
269	269	described in Paragraph (A), January 1 of the following year.
270	270	(e) A person may also indicate a party affiliation at the
271	271	time the person submits a federal postcard application under
272	272	Chapter 101. For an application that indicates a party preference
273	273	submitted by a person:
274	274	(1) who is not a registered voter, the affiliation
275	275	takes effect on the earlier of:
276	276	(A) the first election at which the person is
277	277	eligible to vote following the submission of the application; or
278	278	(B) the 30th day after the date the application
279	279	is received; or
280	280	(2) who is a registered voter, any change in
281	281	affiliation takes effect at the time provided for a change under
282	282	Subsection (d).
283	283	(f) The secretary of state shall prescribe any additional
284	284	procedures necessary to implement this section.
285	285	SECTION 14. Section 162.010(a), Election Code, is amended
286	286	to read as follows:
287	287	(a) A [Except as provided by Subsection (b), a] party
288	288	affiliation expires on cancellation of a voter's registration or at
289	289	the time a change in affiliation takes effect under Section
290	290	162.003(d) [at the end of the voting year in which the person became
291	291	affiliated].
292	292	SECTION 15. Section 162.013, Election Code, is amended to
293	293	read as follows:
294	294	Sec. 162.013. VOID VOTE. A vote in a primary election is
295	295	void if the voter is not affiliated with the political party holding
296	296	the primary [previously voted in a primary election of another
297	297	party or participated in a convention of another party during the
298	298	same voting year].
299	299	SECTION 16. Section 162.014(a), Election Code, is amended
300	300	to read as follows:
301	301	(a) A person commits an offense if the person knowingly
302	302	votes or attempts to vote in a primary election or participates or
303	303	attempts to participate in a convention of a party without being
304	304	affiliated with that party [after having voted in a primary
305	305	election or participated in a convention of another party during
306	306	the same voting year].
307	307	SECTION 17. Section 162.017(e), Election Code, is amended
308	308	to read as follows:
309	309	(e) The preregistration process must [include the statement
310	310	described by Section 162.004(a) and] require a preregistering
311	311	attendee who is not affiliated with the party to affiliate with the
312	312	party in accordance with Section 162.003 [by taking the oath
313	313	described in Section 162.007(b)].
314	314	SECTION 18. Section 172.021, Election Code, is amended by
315	315	amending Subsection (b) and adding Subsections (b-3) and (e) to
316	316	read as follows:
317	317	(b) In [An application must, in] addition to complying with
318	318	Section 141.031, an application must:
319	319	(1) indicate that, at the time of the application, the
320	320	applicant is affiliated with the political party whose nomination
321	321	for office the candidate seeks; and
322	322	(2) be accompanied by the appropriate filing fee or a
323	323	petition in lieu of the filing fee that satisfies the requirements
324	324	prescribed by Section 141.062. [A political party may not require
325	325	payment of a fee as a condition to applying for a place on the ballot
326	326	as a candidate for county chair or precinct chair.]
327	327	(b-3) A political party may not require payment of a fee
328	328	under this section as a condition to applying for a place on the
329	329	ballot as a candidate for county chair or precinct chair.
330	330	(e) A signature on a petition under this section is not
331	331	valid if at the time of signing the signer is affiliated with a
332	332	political party other than the party whose nomination for office
333	333	the candidate seeks. A signature on a petition under this section
334	334	is valid if at the time of signing the signer is unaffiliated with a
335	335	political party.
336	336	SECTION 19. Section 172.026, Election Code, is amended to
337	337	read as follows:
338	338	Sec. 172.026. RESTRICTION ON PETITION SIGNER. On signing a
339	339	petition to be filed under Section 172.021, the signer becomes
340	340	ineligible to affiliate with [vote in a primary election or
341	341	participate in a convention of] another political party during the
342	342	voting year in which the primary election is held.
343	343	SECTION 20. Section 172.027, Election Code, is amended to
344	344	read as follows:
345	345	Sec. 172.027. STATEMENT ON PETITION. The following
346	346	statement must appear at the top of each page of a petition to be
347	347	filed under Section 172.021: "I know that the purpose of this
348	348	petition is to entitle (insert candidate's name) to have his or her
349	349	name placed on the ballot for the office of (insert office title,
350	350	including any place number or other distinguishing number) for the
351	351	(insert political party's name) primary election. I understand
352	352	that by signing this petition I become ineligible to affiliate with
353	353	another political party or to vote [in a primary election] or
354	354	participate in a primary election or convention of another party,
355	355	including a party not holding a primary election, during the voting
356	356	year in which this primary election is held."
357	357	SECTION 21. Section 172.086, Election Code, is amended to
358	358	read as follows:
359	359	Sec. 172.086. PLEDGE ON BALLOT. The following pledge shall
360	360	be placed on the primary election ballot above the listing of
361	361	candidates' names: "I am a (insert appropriate political party)
362	362	and understand that I am ineligible to affiliate with another
363	363	political party or to vote or participate in another political
364	364	party's primary election or convention during this voting year."
365	365	SECTION 22. Section 172.088(c), Election Code, is amended
366	366	to read as follows:
367	367	(c) A petition signer may not at the time of signing be
368	368	affiliated with another political party. A political party by rule
369	369	may provide for permitting voters who are not affiliated with any
370	370	political party to be eligible to sign a petition under this section
371	371	[restricting petition signers on the basis of party alignment or
372	372	preference].
373	373	SECTION 23. Subchapter E, Chapter 172, Election Code, is
374	374	amended by adding Section 172.1114 to read as follows:
375	375	Sec. 172.1114. AFFILIATION WITH PARTY REQUIRED. (a) The
376	376	signature roster for a primary election must state at the top of
377	377	each page "A person commits a criminal offense if the person
378	378	knowingly votes in a primary election or participates in a
379	379	convention of a party without being affiliated with that party."
380	380	(b) Except as provided by Subsection (c), a person may not
381	381	be accepted for voting in a primary election of a political party
382	382	unless:
383	383	(1) the list of registered voters indicates that the
384	384	person is affiliated with that political party; or
385	385	(2) the voter's registration certificate indicates
386	386	that the voter is affiliated with that political party.
387	387	(c) A person who seeks to vote in a primary election but
388	388	cannot establish the person's party affiliation under Subsection
389	389	(b) may be accepted only for provisional voting under Section
390	390	63.011.
391	391	SECTION 24. Section 172.126(g), Election Code, is amended
392	392	to read as follows:
393	393	(g) A separate set of ballot boxes or other suitable
394	394	containers approved by the secretary of state shall be used for each
395	395	party's primary, except that one set of ballot boxes or other
396	396	containers may be used in a joint primary using an electronic voting
397	397	system in which the ballots are deposited by the voters directly
398	398	into a unit of automatic tabulating equipment. [The lists of
399	399	registered voters and the voters' registration certificates shall
400	400	be marked and stamped to show the appropriate party affiliation for
401	401	each voter.] A separate list of registered voters shall be used for
402	402	each party's primary. The secretary of state by rule shall
403	403	prescribe requirements to ensure that one party's ballot is readily
404	404	distinguished from another's, which may include the use of
405	405	different colors of ink.
406	406	SECTION 25. Sections 181.006(f) and (g), Election Code, are
407	407	amended to read as follows:
408	408	(f) The following statement must appear at the top of each
409	409	page of the petition: "I know that the purpose of this petition is
410	410	to entitle the _______ Party to have its nominees placed on the
411	411	ballot in the general election for state and county officers. I am
412	412	not affiliated with another political party. [I have not voted in a
413	413	primary election or participated in a convention of another party
414	414	during this voting year, and I understand that I become ineligible
415	415	to do so by signing this petition.] I understand that signing more
416	416	than one petition to entitle a party to have its nominees placed on
417	417	the general election ballot in the same election is prohibited."
418	418	(g) A person who is affiliated with another political party
419	419	[has voted in a primary election or participated in a convention of
420	420	another party during the voting year in which the petition is
421	421	circulated] is ineligible to sign the petition, and the signature
422	422	of such a person is invalid.
423	423	SECTION 26. Section 181.031(a), Election Code, is amended
424	424	to read as follows:
425	425	(a) To be entitled to be considered for nomination by a
426	426	convention held under this chapter, a person must:
427	427	(1) make an application for nomination; and
428	428	(2) be affiliated with the political party whose
429	429	nomination for office the candidate seeks.
430	430	SECTION 27. Section 181.065, Election Code, is amended to
431	431	read as follows:
432	432	Sec. 181.065. PARTICIPANT TO BE AFFILIATED WITH PARTY
433	433	[REGISTERED VOTER]. To be eligible to participate in a precinct
434	434	convention held under this chapter, a person must be affiliated
435	435	with the political party [a registered voter of the precinct or a
436	436	precinct resident who is eligible to vote a limited ballot].
437	437	SECTION 28. Section 182.0041(a), Election Code, is amended
438	438	to read as follows:
439	439	(a) To be entitled to be considered for nomination by a
440	440	convention held under this chapter, a person must:
441	441	(1) make an application for nomination; and
442	442	(2) be affiliated with the political party whose
443	443	nomination for office the candidate seeks.
444	444	SECTION 29. Sections 192.032(f) and (g), Election Code, are
445	445	amended to read as follows:
446	446	(f) The following statement must appear at the top of each
447	447	page of the petition: "I am not affiliated with a political party
448	448	that has held [did not vote this year in] a presidential primary
449	449	election this year."
450	450	(g) A signature on the petition is invalid if the signer:
451	451	(1) signs the petition on or before the date of the
452	452	presidential primary election in the presidential election year; or
453	453	(2) is affiliated with a political party that has held
454	454	[voted in] a presidential primary election during the presidential
455	455	election year.
456	456	SECTION 30. Section 203.011, Election Code, is amended to
457	457	read as follows:
458	458	Sec. 203.011. PARTY ALIGNMENT ON BALLOT. The party
459	459	alignment of each candidate shall be printed on the official ballot
460	460	next to the candidate's name. If a candidate is affiliated with a
461	461	political party, that party shall be printed next to the
462	462	candidate's name regardless of the party alignment provided on the
463	463	application under Section 203.005(b).
464	464	SECTION 31. Sections 162.001(b), 162.004, 162.005,
465	465	162.006, 162.007, 162.008, 162.009, 162.010(b), 162.011, 162.012,
466	466	172.1141, and 172.125, Election Code, are repealed.
467	467	SECTION 32. (a) Not later than October 1, 2017, the voter
468	468	registrar of each county shall mail to each registered voter in the
469	469	county notice of the affiliation requirement necessary to vote in a
470	470	party primary election or to participate in the affairs of a
471	471	political party. The notice must:
472	472	(1) inform the voter that to vote in a party primary
473	473	election or to otherwise participate in the affairs of a political
474	474	party the voter must be affiliated with that party;
475	475	(2) inform the voter of the process of affiliation
476	476	with the voter registrar and state that if a voter does not provide
477	477	an affiliation, the voter's next registration certificate will
478	478	indicate that the voter is "independent" and unable to vote in a
479	479	party's primary;
480	480	(3) include a postage paid postcard that may be
481	481	returned to the voter registrar to indicate the voter's
482	482	affiliation; and
483	483	(4) be in the form prescribed by the secretary of
484	484	state.
485	485	(b) If a registered voter does not indicate a party
486	486	affiliation before December 1, 2017, the voter registrar shall list
487	487	the voter's initial affiliation status as "independent." A person
488	488	whose initial affiliation status is established as independent
489	489	under this subsection may affiliate with a political party not
490	490	later than the 31st day before the date of the general primary
491	491	election in 2018 by providing notice of affiliation to the voter
492	492	registrar. Notwithstanding Section 162.003(d), Election Code, as
493	493	added by this Act, the affiliation takes effect on receipt of the
494	494	notice by the voter registrar.
495	495	(c) The change in law made by Section 18.005(a), Election
496	496	Code, as amended by this Act, requiring that each list of registered
497	497	voters must indicate the political affiliation of each voter
498	498	applies only to a list of registered voters produced by a voter
499	499	registrar on or after December 1, 2017.
500	500	(d) The change in law made by Section 15.001(a), Election
501	501	Code, as amended by this Act, requiring that each voter
502	502	registration certificate must indicate the political affiliation
503	503	of the voter applies only to a certificate effective for voting on
504	504	or after January 1, 2018.
505	505	SECTION 33. This Act takes effect September 1, 2017.