Texas 2017 - 85th Regular

Texas House Bill HB1072 Compare Versions

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

Old	New	Differences
1	1	85R417 ADM-D
2	2	By: Lang H.B. No. 1072
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 14.001, Election Code, is amended by
95	95	adding Subsections (e) and (f) to read as follows:
96	96	(e) Notwithstanding Subsection (a), the registrar may not
97	97	issue a renewal certificate to a voter before December 31, 2017,
98	98	unless the voter's political party affiliation, if any, appears on
99	99	the list described by Section 18.005(a). The registrar must issue a
100	100	renewal certificate to each voter entitled to a renewal certificate
101	101	under this section not later than January 20, 2018. This subsection
102	102	expires January 31, 2018.
103	103	(f) A renewal certificate issued in January 2018 is
104	104	considered to have been issued in the prior year for purposes of
105	105	Subsection (c). This subsection expires December 31, 2019.
106	106	SECTION 4. Section 15.001(a), Election Code, is amended to
107	107	read as follows:
108	108	(a) Each voter registration certificate issued must
109	109	contain:
110	110	(1) the voter's name in the form indicated by the
111	111	voter, subject to applicable requirements prescribed by Section
112	112	13.002 and by rule of the secretary of state;
113	113	(2) the voter's residence address or, if the residence
114	114	has no address, the address at which the voter receives mail and a
115	115	concise description of the location of the voter's residence;
116	116	(3) the month, day, and year of the voter's birth;
117	117	(4) the number of the county election precinct in
118	118	which the voter resides;
119	119	(5) the voter's effective date of registration if an
120	120	initial certificate;
121	121	(6) the voter's registration number;
122	122	(7) an indication of the period for which the
123	123	certificate is issued;
124	124	(8) a statement explaining the circumstances under
125	125	which the voter will receive a new certificate;
126	126	(9) a space for indicating [stamping] the voter's
127	127	political party affiliation;
128	128	(10) a statement that voting with the certificate by a
129	129	person other than the person in whose name the certificate is issued
130	130	is a felony;
131	131	(11) a space for the voter's signature;
132	132	(12) a statement that the voter must sign the
133	133	certificate personally, if able to sign, immediately on receipt;
134	134	(13) a space for the voter to correct the information
135	135	on the certificate followed by a signature line;
136	136	(14) the statement: "If any information on this
137	137	certificate changes or is incorrect, correct the information in the
138	138	space provided, sign below, and return this certificate to the
139	139	voter registrar.";
140	140	(15) the registrar's mailing address and telephone
141	141	number; and
142	142	(16) the jurisdictional or distinguishing number for
143	143	the following territorial units in which the voter resides, as
144	144	determined by the voter registrar:
145	145	(A) congressional district;
146	146	(B) state senatorial district;
147	147	(C) state representative district;
148	148	(D) commissioners precinct;
149	149	(E) justice precinct;
150	150	(F) city election precinct; and
151	151	(G) school district election precinct.
152	152	SECTION 5. Section 15.025(a), Election Code, is amended to
153	153	read as follows:
154	154	(a) Except as provided by Subsections (b) and (d) and
155	155	Section 162.003(e), the registration of a voter described by this
156	156	subsection whose information is changed on the registration records
157	157	becomes effective as to the change on the 30th day after:
158	158	(1) the date the voter submits to the registrar a
159	159	notice of a change in registration information under Section
160	160	15.021 or a response under Section 15.053, indicating the change;
161	161	or
162	162	(2) the date the voter submits a statement of
163	163	residence to an election officer under Section 63.0011 or a
164	164	registration application or change of address to an agency employee
165	165	under Chapter 20, indicating the change.
166	166	SECTION 6. Section 18.005(a), Election Code, is amended to
167	167	read as follows:
168	168	(a) Each original and supplemental list of registered
169	169	voters must:
170	170	(1) contain the voter's name, date of birth, and
171	171	registration number as provided by the statewide computerized voter
172	172	registration list;
173	173	(2) contain the voter's residence address, except as
174	174	provided by Subsections (b) and (c) or Section 18.0051;
175	175	(3) be arranged alphabetically by voter name; [and]
176	176	(4) contain the notation required by Section 15.111;
177	177	and
178	178	(5) contain the political party affiliation of each
179	179	voter, if any.
180	180	SECTION 7. Section 63.011(a), Election Code, is amended to
181	181	read as follows:
182	182	(a) A person to whom Section 63.001(g), [or] 63.009, or
183	183	172.1114(c) applies may cast a provisional ballot if the person
184	184	executes an affidavit stating that the person:
185	185	(1) is a registered voter in the precinct in which the
186	186	person seeks to vote; and
187	187	(2) is eligible to vote in the election.
188	188	SECTION 8. Section 112.002, Election Code, is amended by
189	189	adding Subsection (g) to read as follows:
190	190	(g) If the voter seeks a limited ballot for a party primary
191	191	election, the voter must indicate the political party the voter was
192	192	affiliated with at the address where the voter was previously
193	193	registered on the statement executed under Subsection (c). If the
194	194	early voting clerk can establish the voter's affiliation from the
195	195	previous registration, the voter is entitled to vote a limited
196	196	ballot in that party's primary.
197	197	SECTION 9. Section 142.004(a), Election Code, is amended to
198	198	read as follows:
199	199	(a) To be entitled to a place on the general election
200	200	ballot, a candidate must:
201	201	(1) make an application for a place on the ballot; and
202	202	(2) not be affiliated with a political party at the
203	203	time the application is made.
204	204	SECTION 10. Section 142.008, Election Code, is amended to
205	205	read as follows:
206	206	Sec. 142.008. STATEMENT ON PETITION. The following
207	207	statement must appear at the top of each page of a candidate's
208	208	petition: "I know the purpose of this petition. I am not
209	209	affiliated with a political party that holds a primary election
210	210	[have not voted in the general primary election or runoff primary
211	211	election of any political party that has nominated, at either
212	212	election, a candidate for the office of (insert office title) for
213	213	which (insert candidate's name) is a candidate]."
214	214	SECTION 11. Section 142.009, Election Code, is amended to
215	215	read as follows:
216	216	Sec. 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. A
217	217	signature on a candidate's petition is invalid if the signer:
218	218	(1) signed the petition on or before general primary
219	219	election day or, if a runoff primary is held for the office sought
220	220	by the candidate, on or before runoff primary election day; or
221	221	(2) is affiliated with a political party that holds a
222	222	primary election [voted in the general or runoff primary election
223	223	of a political party that made a nomination, at either primary, for
224	224	the office sought by the candidate].
225	225	SECTION 12. Section 161.005(a), Election Code, is amended
226	226	to read as follows:
227	227	(a) To be eligible to be a candidate for or to serve as a
228	228	county or precinct chair of a political party, a person must:
229	229	(1) be a qualified voter of the county and affiliated
230	230	with that political party; and
231	231	(2) except as provided by Subsection (c), not be a
232	232	candidate for nomination or election to, or be the holder of, an
233	233	elective office of the federal, state, or county government.
234	234	SECTION 13. Section 162.001(a), Election Code, is amended
235	235	to read as follows:
236	236	(a) A person must be affiliated with a political party to be
237	237	eligible:
238	238	(1) to serve as a delegate to or otherwise participate
239	239	in a convention held by the party under this code;
240	240	(2) to be elected as a member of or be appointed to
241	241	fill a vacancy on a state executive committee;
242	242	(3) to be appointed to fill a vacancy on a county
243	243	executive committee;
244	244	(4) to vote in the party's primary election;
245	245	(5) to be a candidate in the party's primary election;
246	246	(6) to be the party's nominee for an office elected at
247	247	the general election for state and county officers;
248	248	(7) to be a presidential elector for the political
249	249	party; or
250	250	(8) [(4)] for any other purpose within the party as
251	251	adopted by state party rules.
252	252	SECTION 14. Section 162.003, Election Code, is amended to
253	253	read as follows:
254	254	Sec. 162.003. AFFILIATION PROCEDURE [BY VOTING IN
255	255	PRIMARY]. (a) A person becomes affiliated with a political party
256	256	by notifying the registrar of the person's affiliation [when the
257	257	person:
258	258	[(1) is accepted to vote in the party's primary
259	259	election; or
260	260	[(2) applies for and is provided an early voting or
261	261	limited primary ballot to be voted by mail].
262	262	(b) At the time a person registers to vote the person may:
263	263	(1) affiliate with a political party that holds a
264	264	primary election or a political party that makes its nominations by
265	265	convention regardless of whether the party has a state
266	266	organization; or
267	267	(2) indicate no affiliation with any political party.
268	268	(c) Affiliation under Subsection (b)(1) takes effect on the
269	269	first anniversary of the date the person submits a registration
270	270	application to the registrar.
271	271	(d) A registered voter who does not indicate an affiliation
272	272	with a political party of this state shall be listed as
273	273	"independent" on the voter's registration certificate and on the
274	274	list of registered voters.
275	275	(e) A registered voter may change the voter's affiliation
276	276	status by notifying the registrar as provided by Section 15.021.
277	277	The change becomes effective on the first anniversary of the date
278	278	the voter submits notice of the change to the registrar under
279	279	Section 15.021.
280	280	(f) A person may also indicate a party affiliation at the
281	281	time the person submits a federal postcard application under
282	282	Chapter 101. The affiliation takes effect at the time provided for
283	283	a change under Subsection (e).
284	284	(g) The secretary of state shall prescribe any additional
285	285	procedures necessary to implement this section.
286	286	(h) Notwithstanding Subsections (c) and (e), if a person
287	287	notifies the registrar of the person's affiliation not later than
288	288	December 31, 2017, the affiliation takes effect on the first
289	289	election at which the person is eligible to vote following the
290	290	submission of the registration or change, as applicable. This
291	291	subsection expires December 31, 2018.
292	292	SECTION 15. Section 162.010(a), Election Code, is amended
293	293	to read as follows:
294	294	(a) A [Except as provided by Subsection (b), a] party
295	295	affiliation expires on cancellation of a voter's registration or at
296	296	the time a change in affiliation takes effect under Section
297	297	162.003(e) [at the end of the voting year in which the person became
298	298	affiliated].
299	299	SECTION 16. Section 162.013, Election Code, is amended to
300	300	read as follows:
301	301	Sec. 162.013. VOID VOTE. A vote in a primary election is
302	302	void if the voter is not affiliated with the political party holding
303	303	the primary [previously voted in a primary election of another
304	304	party or participated in a convention of another party during the
305	305	same voting year].
306	306	SECTION 17. Section 162.014(a), Election Code, is amended
307	307	to read as follows:
308	308	(a) A person commits an offense if the person knowingly
309	309	votes or attempts to vote in a primary election or participates or
310	310	attempts to participate in a convention of a party without being
311	311	affiliated with that party [after having voted in a primary
312	312	election or participated in a convention of another party during
313	313	the same voting year].
314	314	SECTION 18. Section 162.017(e), Election Code, is amended
315	315	to read as follows:
316	316	(e) The preregistration process must [include the statement
317	317	described by Section 162.004(a) and] require a preregistering
318	318	attendee to be affiliated [affiliate] with the party [by taking the
319	319	oath described in Section 162.007(b)].
320	320	SECTION 19. Section 172.021, Election Code, is amended by
321	321	amending Subsection (b) and adding Subsections (b-3) and (e) to
322	322	read as follows:
323	323	(b) In [An application must, in] addition to complying with
324	324	Section 141.031, an application must:
325	325	(1) indicate that, at the time of the application, the
326	326	applicant is affiliated with the political party whose nomination
327	327	for office the candidate seeks; and
328	328	(2) be accompanied by the appropriate filing fee or a
329	329	petition in lieu of the filing fee that satisfies the requirements
330	330	prescribed by Section 141.062. [A political party may not require
331	331	payment of a fee as a condition to applying for a place on the ballot
332	332	as a candidate for county chair or precinct chair.]
333	333	(b-3) A political party may not require payment of a fee
334	334	under this section as a condition to applying for a place on the
335	335	ballot as a candidate for county chair or precinct chair.
336	336	(e) A signature on a petition under this section is not
337	337	valid if at the time of signing the signer is affiliated with a
338	338	political party other than the party whose nomination for office
339	339	the candidate seeks. A signature on a petition under this section
340	340	is valid if at the time of signing the signer is unaffiliated with a
341	341	political party.
342	342	SECTION 20. Section 172.026, Election Code, is amended to
343	343	read as follows:
344	344	Sec. 172.026. RESTRICTION ON PETITION SIGNER. On signing a
345	345	petition to be filed under Section 172.021, the signer becomes
346	346	ineligible to affiliate with [vote in a primary election or
347	347	participate in a convention of] another political party during the
348	348	voting year in which the primary election is held.
349	349	SECTION 21. Section 172.027, Election Code, is amended to
350	350	read as follows:
351	351	Sec. 172.027. STATEMENT ON PETITION. The following
352	352	statement must appear at the top of each page of a petition to be
353	353	filed under Section 172.021: "I know that the purpose of this
354	354	petition is to entitle (insert candidate's name) to have his or her
355	355	name placed on the ballot for the office of (insert office title,
356	356	including any place number or other distinguishing number) for the
357	357	(insert political party's name) primary election. I understand
358	358	that by signing this petition I become ineligible to affiliate with
359	359	another political party or to vote [in a primary election] or
360	360	participate in a primary election or convention of another party,
361	361	including a party not holding a primary election, during the voting
362	362	year in which this primary election is held."
363	363	SECTION 22. Section 172.086, Election Code, is amended to
364	364	read as follows:
365	365	Sec. 172.086. PLEDGE ON BALLOT. The following pledge shall
366	366	be placed on the primary election ballot above the listing of
367	367	candidates' names: "I am a (insert appropriate political party)
368	368	and understand that I am ineligible to affiliate with another
369	369	political party or to vote or participate in another political
370	370	party's primary election or convention during this voting year."
371	371	SECTION 23. Section 172.088(c), Election Code, is amended
372	372	to read as follows:
373	373	(c) A petition signer may not at the time of signing be
374	374	affiliated with another political party. A political party by rule
375	375	may provide for permitting voters who are not affiliated with any
376	376	political party to be eligible to sign a petition under this section
377	377	[restricting petition signers on the basis of party alignment or
378	378	preference].
379	379	SECTION 24. Subchapter E, Chapter 172, Election Code, is
380	380	amended by adding Section 172.1114 to read as follows:
381	381	Sec. 172.1114. AFFILIATION WITH PARTY REQUIRED. (a) The
382	382	signature roster for a primary election must state at the top of
383	383	each page "A person commits a criminal offense if the person
384	384	knowingly votes in a primary election or participates in a
385	385	convention of a party without being affiliated with that party."
386	386	(b) Except as provided by Subsection (c), a person may not
387	387	be accepted for voting in a primary election of a political party
388	388	unless:
389	389	(1) the list of registered voters indicates that the
390	390	person is affiliated with that political party; or
391	391	(2) the voter's registration certificate indicates
392	392	that the voter is affiliated with that political party.
393	393	(c) A person who seeks to vote in a primary election but
394	394	cannot establish the person's party affiliation under Subsection
395	395	(b) may be accepted only for provisional voting under Section
396	396	63.011.
397	397	SECTION 25. Section 172.126(g), Election Code, is amended
398	398	to read as follows:
399	399	(g) A separate set of ballot boxes or other suitable
400	400	containers approved by the secretary of state shall be used for each
401	401	party's primary, except that one set of ballot boxes or other
402	402	containers may be used in a joint primary using an electronic voting
403	403	system in which the ballots are deposited by the voters directly
404	404	into a unit of automatic tabulating equipment. [The lists of
405	405	registered voters and the voters' registration certificates shall
406	406	be marked and stamped to show the appropriate party affiliation for
407	407	each voter.] A separate list of registered voters shall be used for
408	408	each party's primary. The secretary of state by rule shall
409	409	prescribe requirements to ensure that one party's ballot is readily
410	410	distinguished from another's, which may include the use of
411	411	different colors of ink.
412	412	SECTION 26. Sections 181.006(f) and (g), Election Code, are
413	413	amended to read as follows:
414	414	(f) The following statement must appear at the top of each
415	415	page of the petition: "I know that the purpose of this petition is
416	416	to entitle the _______ Party to have its nominees placed on the
417	417	ballot in the general election for state and county officers. I am
418	418	not affiliated with another political party. [I have not voted in
419	419	a primary election or participated in a convention of another party
420	420	during this voting year, and I understand that I become ineligible
421	421	to do so by signing this petition.] I understand that signing more
422	422	than one petition to entitle a party to have its nominees placed on
423	423	the general election ballot in the same election is prohibited."
424	424	(g) A person who is affiliated with another political party
425	425	[has voted in a primary election or participated in a convention of
426	426	another party during the voting year in which the petition is
427	427	circulated] is ineligible to sign the petition, and the signature
428	428	of such a person is invalid.
429	429	SECTION 27. Section 181.031(a), Election Code, is amended
430	430	to read as follows:
431	431	(a) To be entitled to be considered for nomination by a
432	432	convention held under this chapter, a person must:
433	433	(1) make an application for nomination; and
434	434	(2) be affiliated with the political party whose
435	435	nomination for office the candidate seeks.
436	436	SECTION 28. Section 181.065, Election Code, is amended to
437	437	read as follows:
438	438	Sec. 181.065. PARTICIPANT TO BE AFFILIATED WITH PARTY
439	439	[REGISTERED VOTER]. To be eligible to participate in a precinct
440	440	convention held under this chapter, a person must be affiliated
441	441	with the political party [a registered voter of the precinct or a
442	442	precinct resident who is eligible to vote a limited ballot].
443	443	SECTION 29. Section 182.0041(a), Election Code, is amended
444	444	to read as follows:
445	445	(a) To be entitled to be considered for nomination by a
446	446	convention held under this chapter, a person must:
447	447	(1) make an application for nomination; and
448	448	(2) be affiliated with the political party whose
449	449	nomination for office the candidate seeks.
450	450	SECTION 30. Sections 192.032(f) and (g), Election Code, are
451	451	amended to read as follows:
452	452	(f) The following statement must appear at the top of each
453	453	page of the petition: "I am not affiliated with a political party
454	454	that has held [did not vote this year in] a presidential primary
455	455	election this year."
456	456	(g) A signature on the petition is invalid if the signer:
457	457	(1) signs the petition on or before the date of the
458	458	presidential primary election in the presidential election year; or
459	459	(2) is affiliated with a political party that has held
460	460	[voted in] a presidential primary election during the presidential
461	461	election year.
462	462	SECTION 31. Section 203.011, Election Code, is amended to
463	463	read as follows:
464	464	Sec. 203.011. PARTY ALIGNMENT ON BALLOT. The party
465	465	alignment of each candidate shall be printed on the official ballot
466	466	next to the candidate's name. If a candidate is affiliated with a
467	467	political party, that party shall be printed next to the
468	468	candidate's name regardless of the party alignment provided on the
469	469	application under Section 203.005(b).
470	470	SECTION 32. Sections 162.001(b), 162.004, 162.005,
471	471	162.006, 162.007, 162.008, 162.009, 162.010(b), 162.011, 162.012,
472	472	172.1141, and 172.125, Election Code, are repealed.
473	473	SECTION 33. (a) Not later than October 1, 2017, the voter
474	474	registrar of each county shall mail to each registered voter in the
475	475	county notice of the affiliation requirement necessary to vote in a
476	476	party primary election or to participate in the affairs of a
477	477	political party. The notice must:
478	478	(1) inform the voter that to vote in a party primary
479	479	election or to otherwise participate in the affairs of a political
480	480	party the voter must be affiliated with that party;
481	481	(2) inform the voter of the process of affiliation
482	482	with the voter registrar and state that if a voter does not provide
483	483	an affiliation, the voter's next registration certificate will
484	484	indicate that the voter is "independent" and unable to vote in a
485	485	party's primary;
486	486	(3) include a postage paid postcard that may be
487	487	returned to the voter registrar to indicate the voter's
488	488	affiliation; and
489	489	(4) be in the form prescribed by the secretary of
490	490	state.
491	491	(b) If a registered voter does not indicate a party
492	492	affiliation before December 31, 2017, the voter registrar shall
493	493	list the voter's initial affiliation status as "independent."
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 31, 2017.
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, 2018.
504	504	SECTION 34. This Act takes effect September 1, 2017.