Texas 2017 - 85th Regular

Texas House Bill HB3382 Compare Versions

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

Old	New	Differences
1	1	85R957 ADM-D
2	2	By: Schofield H.B. No. 3382
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, 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	(e) An affiliation under this section takes effect on the
261	261	following second Monday in December.
262	262	(e-1) A person may affiliate with a party when the person is
263	263	accepted to vote in the party's primary election. This subsection
264	264	expires September 1, 2018.
265	265	(f) A person may also indicate a party affiliation at the
266	266	time the person submits a federal postcard application under
267	267	Chapter 101.
268	268	(g) The secretary of state shall prescribe any additional
269	269	procedures necessary to implement this section.
270	270	SECTION 14. Section 162.010(a), Election Code, is amended
271	271	to read as follows:
272	272	(a) A [Except as provided by Subsection (b), a] party
273	273	affiliation expires on cancellation of a voter's registration or at
274	274	the time a change in affiliation takes effect under Section 162.003
275	275	[at the end of the voting year in which the person became
276	276	affiliated].
277	277	SECTION 15. Section 162.013, Election Code, is amended to
278	278	read as follows:
279	279	Sec. 162.013. VOID VOTE. A vote in a primary election is
280	280	void if the voter is not affiliated with the political party holding
281	281	the primary [previously voted in a primary election of another
282	282	party or participated in a convention of another party during the
283	283	same voting year].
284	284	SECTION 16. Section 162.014(a), Election Code, is amended
285	285	to read as follows:
286	286	(a) A person commits an offense if the person knowingly
287	287	votes or attempts to vote in a primary election or participates or
288	288	attempts to participate in a convention of a party without being
289	289	affiliated with that party [after having voted in a primary
290	290	election or participated in a convention of another party during
291	291	the same voting year].
292	292	SECTION 17. Section 162.017(e), Election Code, is amended
293	293	to read as follows:
294	294	(e) The preregistration process must [include the statement
295	295	described by Section 162.004(a) and] require a preregistering
296	296	attendee who is not affiliated with the party to affiliate with the
297	297	party in accordance with Section 162.003 [by taking the oath
298	298	described in Section 162.007(b)].
299	299	SECTION 18. Section 172.021, Election Code, is amended by
300	300	amending Subsection (b) and adding Subsections (b-3) and (e) to
301	301	read as follows:
302	302	(b) In [An application must, in] addition to complying with
303	303	Section 141.031, an application must:
304	304	(1) indicate that, at the time of the application, the
305	305	applicant is affiliated with the political party whose nomination
306	306	for office the candidate seeks; and
307	307	(2) be accompanied by the appropriate filing fee or a
308	308	petition in lieu of the filing fee that satisfies the requirements
309	309	prescribed by Section 141.062. [A political party may not require
310	310	payment of a fee as a condition to applying for a place on the ballot
311	311	as a candidate for county chair or precinct chair.]
312	312	(b-3) A political party may not require payment of a fee
313	313	under this section as a condition to applying for a place on the
314	314	ballot as a candidate for county chair or precinct chair.
315	315	(e) A signature on a petition under this section is not
316	316	valid if at the time of signing the signer is affiliated with a
317	317	political party other than the party whose nomination for office
318	318	the candidate seeks. A signature on a petition under this section
319	319	is valid if at the time of signing the signer is unaffiliated with a
320	320	political party.
321	321	SECTION 19. Section 172.026, Election Code, is amended to
322	322	read as follows:
323	323	Sec. 172.026. RESTRICTION ON PETITION SIGNER. On signing a
324	324	petition to be filed under Section 172.021, the signer becomes
325	325	ineligible to affiliate with [vote in a primary election or
326	326	participate in a convention of] another political party during the
327	327	voting year in which the primary election is held.
328	328	SECTION 20. Section 172.027, Election Code, is amended to
329	329	read as follows:
330	330	Sec. 172.027. STATEMENT ON PETITION. The following
331	331	statement must appear at the top of each page of a petition to be
332	332	filed under Section 172.021: "I know that the purpose of this
333	333	petition is to entitle (insert candidate's name) to have his or her
334	334	name placed on the ballot for the office of (insert office title,
335	335	including any place number or other distinguishing number) for the
336	336	(insert political party's name) primary election. I understand
337	337	that by signing this petition I become ineligible to affiliate with
338	338	another political party or to vote [in a primary election] or
339	339	participate in a primary election or convention of another party,
340	340	including a party not holding a primary election, during the voting
341	341	year in which this primary election is held."
342	342	SECTION 21. Section 172.086, Election Code, is amended to
343	343	read as follows:
344	344	Sec. 172.086. PLEDGE ON BALLOT. The following pledge shall
345	345	be placed on the primary election ballot above the listing of
346	346	candidates' names: "I am a (insert appropriate political party)
347	347	and understand that I am ineligible to affiliate with another
348	348	political party or to vote or participate in another political
349	349	party's primary election or convention during this voting year."
350	350	SECTION 22. Section 172.088(c), Election Code, is amended
351	351	to read as follows:
352	352	(c) A petition signer may not at the time of signing be
353	353	affiliated with another political party. A political party by rule
354	354	may provide for permitting voters who are not affiliated with any
355	355	political party to be eligible to sign a petition under this section
356	356	[restricting petition signers on the basis of party alignment or
357	357	preference].
358	358	SECTION 23. Effective September 1, 2018, Subchapter E,
359	359	Chapter 172, Election Code, is amended by adding Section 172.1114
360	360	to read as follows:
361	361	Sec. 172.1114. AFFILIATION WITH PARTY REQUIRED. (a) The
362	362	signature roster for a primary election must state at the top of
363	363	each page "A person commits a criminal offense if the person
364	364	knowingly votes in a primary election or participates in a
365	365	convention of a party without being affiliated with that party."
366	366	(b) Except as provided by Subsection (c), a person may not
367	367	be accepted for voting in a primary election of a political party
368	368	unless:
369	369	(1) the list of registered voters indicates that the
370	370	person is affiliated with that political party; or
371	371	(2) the voter's registration certificate indicates
372	372	that the voter is affiliated with that political party.
373	373	(c) A person who seeks to vote in a primary election but
374	374	cannot establish the person's party affiliation under Subsection
375	375	(b) may be accepted only for provisional voting under Section
376	376	63.011.
377	377	SECTION 24. Section 172.126(g), Election Code, is amended
378	378	to read as follows:
379	379	(g) A separate set of ballot boxes or other suitable
380	380	containers approved by the secretary of state shall be used for each
381	381	party's primary, except that one set of ballot boxes or other
382	382	containers may be used in a joint primary using an electronic voting
383	383	system in which the ballots are deposited by the voters directly
384	384	into a unit of automatic tabulating equipment. [The lists of
385	385	registered voters and the voters' registration certificates shall
386	386	be marked and stamped to show the appropriate party affiliation for
387	387	each voter.] A separate list of registered voters shall be used for
388	388	each party's primary. The secretary of state by rule shall
389	389	prescribe requirements to ensure that one party's ballot is readily
390	390	distinguished from another's, which may include the use of
391	391	different colors of ink.
392	392	SECTION 25. Sections 181.006(f) and (g), Election Code, are
393	393	amended to read as follows:
394	394	(f) The following statement must appear at the top of each
395	395	page of the petition: "I know that the purpose of this petition is
396	396	to entitle the _______ Party to have its nominees placed on the
397	397	ballot in the general election for state and county officers. I am
398	398	not affiliated with another political party. [I have not voted in a
399	399	primary election or participated in a convention of another party
400	400	during this voting year, and I understand that I become ineligible
401	401	to do so by signing this petition.] I understand that signing more
402	402	than one petition to entitle a party to have its nominees placed on
403	403	the general election ballot in the same election is prohibited."
404	404	(g) A person who is affiliated with another political party
405	405	[has voted in a primary election or participated in a convention of
406	406	another party during the voting year in which the petition is
407	407	circulated] is ineligible to sign the petition, and the signature
408	408	of such a person is invalid.
409	409	SECTION 26. Section 181.031(a), Election Code, is amended
410	410	to read as follows:
411	411	(a) To be entitled to be considered for nomination by a
412	412	convention held under this chapter, a person must:
413	413	(1) make an application for nomination; and
414	414	(2) be affiliated with the political party whose
415	415	nomination for office the candidate seeks.
416	416	SECTION 27. Section 181.065, Election Code, is amended to
417	417	read as follows:
418	418	Sec. 181.065. PARTICIPANT TO BE AFFILIATED WITH PARTY
419	419	[REGISTERED VOTER]. To be eligible to participate in a precinct
420	420	convention held under this chapter, a person must be affiliated
421	421	with the political party [a registered voter of the precinct or a
422	422	precinct resident who is eligible to vote a limited ballot].
423	423	SECTION 28. Section 182.0041(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 29. Sections 192.032(f) and (g), Election Code, are
431	431	amended to read as follows:
432	432	(f) The following statement must appear at the top of each
433	433	page of the petition: "I am not affiliated with a political party
434	434	that has held [did not vote this year in] a presidential primary
435	435	election this year."
436	436	(g) A signature on the petition is invalid if the signer:
437	437	(1) signs the petition on or before the date of the
438	438	presidential primary election in the presidential election year; or
439	439	(2) is affiliated with a political party that has held
440	440	[voted in] a presidential primary election during the presidential
441	441	election year.
442	442	SECTION 30. Section 203.011, Election Code, is amended to
443	443	read as follows:
444	444	Sec. 203.011. PARTY ALIGNMENT ON BALLOT. The party
445	445	alignment of each candidate shall be printed on the official ballot
446	446	next to the candidate's name. If a candidate is affiliated with a
447	447	political party, that party shall be printed next to the
448	448	candidate's name regardless of the party alignment provided on the
449	449	application under Section 203.005(b).
450	450	SECTION 31. Sections 162.001(b), 162.004, 162.005,
451	451	162.006, 162.007, 162.008, 162.009, 162.010(b), 162.011, 162.012,
452	452	172.1141, and 172.125, Election Code, are repealed.
453	453	SECTION 32. (a) Not later than October 1, 2017, the voter
454	454	registrar of each county shall mail to each registered voter in the
455	455	county notice of the affiliation requirement necessary to vote in a
456	456	party primary election or to participate in the affairs of a
457	457	political party. The notice must:
458	458	(1) inform the voter that to vote in a party primary
459	459	election or to otherwise participate in the affairs of a political
460	460	party the voter must be affiliated with that party;
461	461	(2) inform the voter of the process of affiliation
462	462	with the voter registrar and state that if a voter does not provide
463	463	an affiliation, the voter's next registration certificate will
464	464	indicate that the voter is "independent" and unable to vote in a
465	465	party's primary;
466	466	(3) include a postage paid postcard that may be
467	467	returned to the voter registrar to indicate the voter's
468	468	affiliation; and
469	469	(4) be in the form prescribed by the secretary of
470	470	state.
471	471	(b) If a registered voter does not indicate a party
472	472	affiliation before December 11, 2017, the voter registrar shall
473	473	list the voter's initial affiliation status as "independent." A
474	474	person whose initial affiliation status is established as
475	475	independent under this subsection may affiliate with a political
476	476	party, notwithstanding Section 162.001(a), Election Code, as
477	477	amended by this Act, by voting in a primary election in 2018.
478	478	(c) The change in law made by Section 18.005(a), Election
479	479	Code, as amended by this Act, requiring that each list of registered
480	480	voters must indicate the political affiliation of each voter
481	481	applies only to a list of registered voters produced by a voter
482	482	registrar on or after December 11, 2017.
483	483	(d) The change in law made by Section 15.001(a), Election
484	484	Code, as amended by this Act, requiring that each voter
485	485	registration certificate must indicate the political affiliation
486	486	of the voter applies only to a certificate effective for voting on
487	487	or after January 1, 2018.
488	488	SECTION 33. Except as otherwise provided by this Act, this
489	489	Act takes effect September 1, 2017.