1 | 1 | | 85R1138 JRJ-D |
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2 | 2 | | By: Garcia S.B. No. 147 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to automatic voter registration on issuance or change of a |
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8 | 8 | | driver's license or identification card by the Department of Public |
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9 | 9 | | Safety. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | ARTICLE 1. VOTER REGISTRAR, APPLICATION FOR REGISTRATION, INITIAL |
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12 | 12 | | REGISTRATION, AND RENEWAL OF REGISTRATION |
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13 | 13 | | SECTION 1.01. Section 12.001, Election Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | Sec. 12.001. DESIGNATION OF VOTER REGISTRAR. (a) Except as |
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16 | 16 | | provided by Subsection (b), the [The] county tax assessor-collector |
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17 | 17 | | is the voter registrar for the county unless the position of county |
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18 | 18 | | elections administrator is created or the county clerk is |
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19 | 19 | | designated as the voter registrar. |
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20 | 20 | | (b) The secretary of state is the voter registrar for the |
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21 | 21 | | purpose of the registration of voters and maintenance of the list of |
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22 | 22 | | registered voters. The voter registrar designated under Subsection |
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23 | 23 | | (a) is the voter registrar for all other purposes. |
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24 | 24 | | SECTION 1.02. Section 12.004, Election Code, is amended to |
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25 | 25 | | read as follows: |
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26 | 26 | | Sec. 12.004. OFFICE HOURS. (a) [The registrar shall |
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27 | 27 | | conduct voter registration activities at all times during regular |
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28 | 28 | | office hours. |
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29 | 29 | | [(b) The registrar may keep the office open for voter |
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30 | 30 | | registration activities at times other than regular office hours. |
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31 | 31 | | The registrar shall post notice of the irregular days and hours the |
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32 | 32 | | office will be open. The notice must remain posted continuously at |
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33 | 33 | | each entrance to the registrar's office for the period beginning |
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34 | 34 | | not later than the third day before the day the office is to be open |
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35 | 35 | | during irregular hours and ending after the last time specified in |
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36 | 36 | | the notice for the office to be open. |
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37 | 37 | | [(c)] The registrar's office shall remain open [for voter |
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38 | 38 | | registration activities] during the hours the polls are required to |
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39 | 39 | | be open for voting on the date of any general or primary election in |
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40 | 40 | | which a statewide office appears on the ballot or any other election |
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41 | 41 | | held in the county on a uniform election date. |
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42 | 42 | | (b) [(d)] If early voting by personal appearance is |
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43 | 43 | | required to be conducted for extended hours under Section 85.005(c) |
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44 | 44 | | or for weekend hours under Section 85.006(e), the registrar's |
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45 | 45 | | office shall remain open for providing voter registration |
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46 | 46 | | information during the extended hours or weekend hours that the |
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47 | 47 | | main early voting polling place is open for voting. |
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48 | 48 | | SECTION 1.03. Section 13.001(b), Election Code, is amended |
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49 | 49 | | to read as follows: |
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50 | 50 | | (b) To be eligible to apply for registration, a person must, |
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51 | 51 | | on the date the registration application is submitted to the |
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52 | 52 | | secretary of state [registrar], be at least 17 years and 10 months |
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53 | 53 | | of age and satisfy the requirements of Subsection (a) except for |
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54 | 54 | | age. |
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55 | 55 | | SECTION 1.04. The heading to Section 13.002, Election Code, |
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56 | 56 | | is amended to read as follows: |
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57 | 57 | | Sec. 13.002. OPTIONAL APPLICATION [REQUIRED]. |
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58 | 58 | | SECTION 1.05. Section 13.002, Election Code, is amended by |
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59 | 59 | | amending Subsection (a) and adding Subsection (j) to read as |
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60 | 60 | | follows: |
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61 | 61 | | (a) A person desiring to register to vote may [must] submit |
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62 | 62 | | an application to the secretary of state [registrar of the county in |
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63 | 63 | | which the person resides]. Except as provided by Subsection (e), an |
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64 | 64 | | application must be submitted by personal delivery, by mail, or by |
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65 | 65 | | telephonic facsimile machine in accordance with Sections 13.143(d) |
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66 | 66 | | and (d-2). |
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67 | 67 | | (j) Nothing in this section shall prevent a person from |
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68 | 68 | | becoming registered to vote as provided by Section 13.009. |
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69 | 69 | | SECTION 1.06. Section 13.0021, Election Code, is amended by |
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70 | 70 | | adding Subsection (c) to read as follows: |
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71 | 71 | | (c) A federal judge or state judge or the spouse of a federal |
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72 | 72 | | judge or state judge who is automatically registered to vote under |
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73 | 73 | | Section 13.009 and seeks to have a residence address omitted from |
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74 | 74 | | the registration list shall submit an affidavit to the secretary of |
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75 | 75 | | state stating that the individual is a federal judge or state judge |
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76 | 76 | | or the spouse of a federal judge or state judge. |
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77 | 77 | | SECTION 1.07. Section 13.004, Election Code, is amended to |
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78 | 78 | | read as follows: |
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79 | 79 | | Sec. 13.004. RECORDING AND DISCLOSURE OF CERTAIN |
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80 | 80 | | INFORMATION [BY REGISTRAR]. (a) The secretary of state |
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81 | 81 | | [registrar] may not transcribe, copy, or otherwise record a |
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82 | 82 | | telephone number furnished on a registration application. |
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83 | 83 | | (b) The secretary of state [registrar] may transcribe, |
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84 | 84 | | copy, or otherwise record a social security number furnished on a |
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85 | 85 | | registration application only in maintaining the accuracy of the |
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86 | 86 | | registration records. |
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87 | 87 | | (c) The following information furnished on a registration |
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88 | 88 | | application is confidential and does not constitute public |
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89 | 89 | | information for purposes of Chapter 552, Government Code: |
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90 | 90 | | (1) a social security number; |
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91 | 91 | | (2) a Texas driver's license number; |
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92 | 92 | | (3) a number of a personal identification card issued |
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93 | 93 | | by the Department of Public Safety; |
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94 | 94 | | (4) an indication that an applicant is interested in |
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95 | 95 | | working as an election judge; or |
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96 | 96 | | (5) the residence address of the applicant, if the |
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97 | 97 | | applicant is a federal judge or state judge, as defined by Section |
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98 | 98 | | 13.0021, the spouse of a federal judge or state judge, or an |
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99 | 99 | | individual to whom Section 552.1175, Government Code, applies and |
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100 | 100 | | the applicant: |
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101 | 101 | | (A) included an affidavit with the registration |
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102 | 102 | | application describing the applicant's status under this |
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103 | 103 | | subdivision, including an affidavit under Section 13.0021 if the |
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104 | 104 | | applicant is a federal judge or state judge or the spouse of a |
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105 | 105 | | federal judge or state judge; or |
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106 | 106 | | (B) provided the secretary of state [registrar] |
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107 | 107 | | with an affidavit describing the applicant's status under this |
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108 | 108 | | subdivision, including an affidavit under Section 13.0021 or |
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109 | 109 | | 15.0215 if the applicant is a federal judge or state judge or the |
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110 | 110 | | spouse of a federal judge or state judge[; or |
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111 | 111 | | [(C) provided the registrar with a completed form |
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112 | 112 | | approved by the secretary of state for the purpose of notifying the |
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113 | 113 | | registrar of the applicant's status under this subdivision]. |
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114 | 114 | | (c-1) The secretary of state and the registrar shall ensure |
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115 | 115 | | that the information listed in Subsection (c) is excluded from |
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116 | 116 | | disclosure. |
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117 | 117 | | (d) The secretary of state, voter registrar, or other county |
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118 | 118 | | official who has access to the information furnished on a |
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119 | 119 | | registration application may not post the following information on |
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120 | 120 | | a website: |
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121 | 121 | | (1) a telephone number; |
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122 | 122 | | (2) a social security number; |
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123 | 123 | | (3) a driver's license number or a number of a personal |
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124 | 124 | | identification card; |
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125 | 125 | | (4) a date of birth; or |
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126 | 126 | | (5) the residence address of a voter who is a federal |
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127 | 127 | | judge or state judge, as defined by Section 13.0021, or the spouse |
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128 | 128 | | of a federal judge or state judge, if the voter included an |
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129 | 129 | | affidavit with the application under Section 13.0021 or the |
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130 | 130 | | secretary of state [registrar] has received an affidavit submitted |
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131 | 131 | | under Section 13.0021(c) or 15.0215. |
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132 | 132 | | SECTION 1.08. Subchapter A, Chapter 13, Election Code, is |
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133 | 133 | | amended by adding Sections 13.009 and 13.010 to read as follows: |
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134 | 134 | | Sec. 13.009. VOTER REGISTRATION THROUGH DEPARTMENT OF |
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135 | 135 | | PUBLIC SAFETY. (a) The secretary of state shall automatically |
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136 | 136 | | register any individual who is eligible to vote as provided by |
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137 | 137 | | Section 13.001 and: |
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138 | 138 | | (1) is issued a Texas driver's license or a personal |
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139 | 139 | | identification card by the Department of Public Safety; or |
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140 | 140 | | (2) makes a change to a Texas driver's license or |
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141 | 141 | | personal identification card issued by the Department of Public |
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142 | 142 | | Safety. |
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143 | 143 | | (b) A driver's license or personal identification card |
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144 | 144 | | transaction with an indication provided by Section 20.062(b) or |
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145 | 145 | | 20.063(c) that the transaction is not for voter registration |
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146 | 146 | | purposes is not subject to this section. |
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147 | 147 | | Sec. 13.010. PAPER APPLICATION FOR VOTER REGISTRATION. The |
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148 | 148 | | secretary of state shall post on its Internet website voter |
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149 | 149 | | registration application forms that may be printed and submitted to |
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150 | 150 | | the secretary of state in: |
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151 | 151 | | (1) English; and |
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152 | 152 | | (2) any language other than English for which over |
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153 | 153 | | five percent of the total voting age citizens of a political |
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154 | 154 | | subdivision in this state are members of that single minority |
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155 | 155 | | language group. |
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156 | 156 | | SECTION 1.09. Section 13.071, Election Code, is amended to |
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157 | 157 | | read as follows: |
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158 | 158 | | Sec. 13.071. REVIEW OF APPLICATION. (a) The secretary of |
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159 | 159 | | state [registrar] shall review each submitted application for |
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160 | 160 | | registration to determine whether it complies with Section 13.002 |
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161 | 161 | | and indicates that the applicant is eligible for registration. |
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162 | 162 | | (b) The secretary of state [registrar] shall make the |
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163 | 163 | | determination not later than the seventh day after the date the |
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164 | 164 | | application is submitted to the secretary of state [registrar]. |
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165 | 165 | | SECTION 1.10. Sections 13.072(a), (b), and (c), Election |
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166 | 166 | | Code, are amended to read as follows: |
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167 | 167 | | (a) The secretary of state [Unless the registrar challenges |
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168 | 168 | | the applicant, the registrar] shall approve the application if: |
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169 | 169 | | (1) the secretary of state [registrar] determines that |
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170 | 170 | | an application complies with Section 13.002 and indicates that the |
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171 | 171 | | applicant is eligible for registration; and |
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172 | 172 | | (2) for an applicant who has not included a statement |
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173 | 173 | | described by Section 13.002(c)(8)(C) or for an applicant who does |
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174 | 174 | | not register under Section 13.009, the [registrar verifies with |
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175 | 175 | | the] secretary of state verifies: |
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176 | 176 | | (A) the applicant's Texas driver's license number |
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177 | 177 | | or number of a personal identification card issued by the |
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178 | 178 | | Department of Public Safety; or |
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179 | 179 | | (B) the last four digits of the applicant's |
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180 | 180 | | social security number. |
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181 | 181 | | (b) After approval of an application by an applicant who was |
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182 | 182 | | registered in another county at the time of application, the |
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183 | 183 | | secretary of state [registrar] shall update the statewide voter |
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184 | 184 | | registration list to reflect [deliver written notice of the |
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185 | 185 | | applicant's change of residence to the other county's registrar and |
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186 | 186 | | include in the notice] the applicant's change in county of [name, |
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187 | 187 | | former] residence [address, and former registration number, if |
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188 | 188 | | known]. |
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189 | 189 | | (c) If [Except as provided by Subsection (d), if] the |
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190 | 190 | | secretary of state [registrar] determines that an application does |
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191 | 191 | | not comply with Section 13.002 or does not indicate that the |
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192 | 192 | | applicant is eligible for registration, the secretary of state |
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193 | 193 | | [registrar] shall reject the application. |
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194 | 194 | | SECTION 1.11. Subchapter C, Chapter 13, Election Code, is |
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195 | 195 | | amended by adding Section 13.0725 to read as follows: |
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196 | 196 | | Sec. 13.0725. PROCESS FOR VERIFICATION OF APPLICANT'S TEXAS |
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197 | 197 | | DRIVER'S LICENSE NUMBER, DEPARTMENT OF PUBLIC SAFETY ISSUED |
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198 | 198 | | PERSONAL IDENTIFICATION NUMBER, OR SOCIAL SECURITY NUMBER. (a) The |
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199 | 199 | | secretary of state shall adopt rules establishing standards used |
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200 | 200 | | for the verification of information on a voter registration |
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201 | 201 | | application submitted under Section 13.072(a)(2)(A). The rules |
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202 | 202 | | shall provide a process by which the secretary of state verifies an |
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203 | 203 | | applicant's Texas driver's license number or Department of Public |
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204 | 204 | | Safety issued personal identification card number if, based on the |
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205 | 205 | | available information, a minor correction in the applicant's last |
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206 | 206 | | name or date of birth would lead a reasonable person to conclude |
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207 | 207 | | that the number submitted is the correct number for that applicant. |
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208 | 208 | | (b) If available, the secretary of state shall review the |
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209 | 209 | | name and date of birth maintained by the Department of Public Safety |
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210 | 210 | | or other agency used in the verification process for a submitted |
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211 | 211 | | application that corresponds to the Texas driver's license number, |
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212 | 212 | | Department of Public Safety issued personal identification card |
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213 | 213 | | number, or social security number submitted by the applicant if: |
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214 | 214 | | (1) the secretary of state cannot verify the accuracy |
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215 | 215 | | of an applicant's Texas driver's license number, Department of |
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216 | 216 | | Public Safety issued personal identification card number, or social |
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217 | 217 | | security number as submitted by the applicant; or |
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218 | 218 | | (2) the secretary of state verifies the accuracy of |
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219 | 219 | | the number provided, but it is not a perfect match with the personal |
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220 | 220 | | information provided by the applicant. |
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221 | 221 | | (c) If the application was not otherwise verified under this |
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222 | 222 | | section and the secretary of state determines that a governmental |
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223 | 223 | | clerical error was made in processing or submitting the |
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224 | 224 | | application, the secretary of state shall correct the registration |
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225 | 225 | | record and submit the corrected record for verification under |
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226 | 226 | | Section 13.072(a)(2). |
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227 | 227 | | SECTION 1.12. Section 13.073, Election Code, is amended to |
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228 | 228 | | read as follows: |
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229 | 229 | | Sec. 13.073. NOTICE OF REJECTION. (a) Except as provided by |
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230 | 230 | | Subsection (b), the secretary of state [registrar] shall deliver |
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231 | 231 | | written notice of the reason for the rejection of an application to |
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232 | 232 | | the applicant not later than the second day after the date of |
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233 | 233 | | rejection. If an application is rejected because it was not |
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234 | 234 | | verified under Section 13.072, the notice shall indicate whether |
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235 | 235 | | the last name, date of birth, Texas driver's license number, |
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236 | 236 | | Department of Public Safety issued personal identification card |
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237 | 237 | | number, or social security number was the reason for the failure to |
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238 | 238 | | verify, if that information is provided to the secretary of state |
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239 | 239 | | under Section 13.0725. |
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240 | 240 | | (b) If the secretary of state [registrar] rejects an |
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241 | 241 | | application in the applicant's presence, at that time the secretary |
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242 | 242 | | of state [registrar] shall orally inform the applicant of the |
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243 | 243 | | reason for the rejection. If the rejection is for incompleteness, |
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244 | 244 | | the secretary of state [registrar] shall return the application to |
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245 | 245 | | the applicant for completion and resubmission. |
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246 | 246 | | (c) If the secretary of state [registrar] rejects an |
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247 | 247 | | application for incompleteness but receives a completed |
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248 | 248 | | application not later than the 10th day after the date the notice is |
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249 | 249 | | delivered under Subsection (a) or the date the incomplete |
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250 | 250 | | application is returned under Subsection (b), as applicable, the |
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251 | 251 | | original date of submission of the incomplete application is |
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252 | 252 | | considered to be the date of submission to the secretary of state |
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253 | 253 | | [registrar] for the purpose of determining the effective date of |
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254 | 254 | | registration. |
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255 | 255 | | SECTION 1.13. Sections 13.074(a) and (b), Election Code, |
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256 | 256 | | are amended to read as follows: |
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257 | 257 | | (a) If after the secretary of state determines |
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258 | 258 | | [determining] that an application complies with Section 13.002 and |
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259 | 259 | | indicates that the applicant is eligible for registration, the |
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260 | 260 | | registrar has reason to believe the applicant is not eligible for |
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261 | 261 | | registration or the application was submitted in an unauthorized |
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262 | 262 | | manner, the registrar shall challenge the applicant. |
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263 | 263 | | (b) The registrar shall indicate on the statewide |
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264 | 264 | | computerized voter registration list [application of a challenged |
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265 | 265 | | applicant] that the applicant's eligibility or the manner of |
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266 | 266 | | submission of the application has been challenged and the date of |
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267 | 267 | | the challenge. |
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268 | 268 | | SECTION 1.14. Section 13.080, Election Code, is amended to |
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269 | 269 | | read as follows: |
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270 | 270 | | Sec. 13.080. RECORDING REJECTION. On rejection of an |
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271 | 271 | | applicant's registration application by a registrar under Section |
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272 | 272 | | 13.079, the registrar shall inform the secretary of state and the |
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273 | 273 | | secretary of state shall enter the date of and reason for the |
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274 | 274 | | rejection on the application. |
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275 | 275 | | SECTION 1.15. Sections 13.101(a) and (b), Election Code, |
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276 | 276 | | are amended to read as follows: |
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277 | 277 | | (a) The secretary of state [registrar] shall maintain a file |
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278 | 278 | | containing the approved registration applications of the |
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279 | 279 | | registered voters of the state [county]. |
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280 | 280 | | (b) The secretary of state [registrar] shall maintain the |
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281 | 281 | | file in alphabetical order by voter name on a county by county |
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282 | 282 | | [countywide] basis. However, the secretary of state [registrar] |
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283 | 283 | | may maintain the file in numerical order by registration number if |
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284 | 284 | | the secretary of state [registrar] regularly maintains a list of |
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285 | 285 | | registered voters in alphabetical order by voter name on a county by |
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286 | 286 | | county [countywide] basis. |
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287 | 287 | | SECTION 1.16. Sections 13.102(a), (b), and (c), Election |
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288 | 288 | | Code, are amended to read as follows: |
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289 | 289 | | (a) The secretary of state [registrar] shall maintain a file |
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290 | 290 | | containing the rejected applications of applicants for |
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291 | 291 | | registration. |
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292 | 292 | | (b) The secretary of state [registrar] shall maintain a |
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293 | 293 | | file, separate from the file maintained under Subsection (a), |
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294 | 294 | | containing the applications of the voters whose registrations have |
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295 | 295 | | been canceled. |
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296 | 296 | | (c) The secretary of state [registrar] shall maintain each |
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297 | 297 | | file in alphabetical order by applicant or voter name on a county by |
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298 | 298 | | county [countywide] basis. |
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299 | 299 | | SECTION 1.17. Section 13.103, Election Code, is amended to |
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300 | 300 | | read as follows: |
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301 | 301 | | Sec. 13.103. PLACE FOR KEEPING FILES; SECURITY. (a) The |
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302 | 302 | | registration application files maintained under this subchapter |
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303 | 303 | | shall be kept in the secretary of state's [registrar's] office at |
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304 | 304 | | all times in a place and manner ensuring their security. |
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305 | 305 | | (b) Applications may be removed from the secretary of |
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306 | 306 | | state's [registrar's] office temporarily, in a manner ensuring |
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307 | 307 | | their security, for use in preparing registration certificates, |
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308 | 308 | | lists of registered voters, and other registration documents by |
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309 | 309 | | electronic data-processing methods. |
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310 | 310 | | SECTION 1.18. Section 13.104(a), Election Code, is amended |
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311 | 311 | | to read as follows: |
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312 | 312 | | (a) Instead of keeping the original registration |
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313 | 313 | | applications and supporting documentation as required by this |
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314 | 314 | | title, the secretary of state [registrar] may record the |
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315 | 315 | | applications and documentation on an optical disk or other computer |
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316 | 316 | | storage medium [approved by the secretary of state]. |
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317 | 317 | | SECTION 1.19. Section 13.142(a), Election Code, is amended |
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318 | 318 | | to read as follows: |
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319 | 319 | | (a) The secretary of state shall notify the registrar of a |
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320 | 320 | | voter's registration as soon as practicable. After notification of |
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321 | 321 | | registration of a voter by the secretary of state under Section |
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322 | 322 | | 13.009, or approval of a registration application by the secretary |
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323 | 323 | | of state, the registrar shall: |
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324 | 324 | | (1) prepare a voter registration certificate in |
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325 | 325 | | duplicate and issue the original certificate to the applicant; and |
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326 | 326 | | (2) enter the applicant's county election precinct |
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327 | 327 | | number and registration number on the applicant's registration |
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328 | 328 | | application. |
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329 | 329 | | SECTION 1.20. Sections 13.143(a), (d), (d-2), and (e), |
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330 | 330 | | Election Code, are amended to read as follows: |
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331 | 331 | | (a) Except as provided by Subsections (b) and (e), if an |
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332 | 332 | | applicant's registration application is approved, the registration |
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333 | 333 | | becomes effective on the 30th day after the date the application is |
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334 | 334 | | submitted to the secretary of state [registrar] or on the date the |
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335 | 335 | | applicant becomes 18 years of age, whichever is later. |
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336 | 336 | | (d) For purposes of determining the effective date of a |
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337 | 337 | | registration, an application submitted by: |
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338 | 338 | | (1) mail is considered to be submitted to the |
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339 | 339 | | secretary of state [registrar] on the date it is placed with postage |
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340 | 340 | | prepaid and properly addressed in the United States mail; or |
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341 | 341 | | (2) telephonic facsimile machine is considered to be |
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342 | 342 | | submitted to the secretary of state [registrar] on the date the |
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343 | 343 | | transmission is received by the secretary of state [registrar], |
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344 | 344 | | subject to Subsection (d-2). |
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345 | 345 | | (d-2) For a registration application submitted by |
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346 | 346 | | telephonic facsimile machine to be effective, a copy of the |
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347 | 347 | | registration application must be submitted by mail and be received |
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348 | 348 | | by the secretary of state [registrar] not later than the fourth |
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349 | 349 | | business day after the transmission by telephonic facsimile machine |
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350 | 350 | | is received. |
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351 | 351 | | (e) If the 30th day before the date of an election is a |
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352 | 352 | | Saturday, Sunday, or legal state or national holiday, an |
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353 | 353 | | application is considered to be timely if it is submitted to the |
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354 | 354 | | secretary of state [registrar] on or before the next regular |
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355 | 355 | | business day. |
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356 | 356 | | SECTION 1.21. Sections 13.144(a) and (b), Election Code, |
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357 | 357 | | are amended to read as follows: |
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358 | 358 | | (a) Not later than the 30th day after the date the registrar |
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359 | 359 | | receives notice from the secretary of state that an individual has |
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360 | 360 | | registered to vote [the application], the registrar shall deliver |
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361 | 361 | | the original of an initial certificate: |
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362 | 362 | | (1) in person to the applicant or the applicant's agent |
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363 | 363 | | appointed under Section 13.003; or |
---|
364 | 364 | | (2) by mail to the applicant. |
---|
365 | 365 | | (b) If delivery is by mail, the registrar shall send the |
---|
366 | 366 | | certificate to the mailing address provided for the individual in |
---|
367 | 367 | | the statewide computerized voter [on the applicant's] registration |
---|
368 | 368 | | list [application]. |
---|
369 | 369 | | SECTION 1.22. Section 14.002(a), Election Code, is amended |
---|
370 | 370 | | to read as follows: |
---|
371 | 371 | | (a) Except as provided by Subsection (d), the registrar |
---|
372 | 372 | | shall deliver a voter's renewal certificate by mail to the mailing |
---|
373 | 373 | | address provided for the individual in the statewide computerized |
---|
374 | 374 | | voter [on the voter's] registration list [application]. |
---|
375 | 375 | | SECTION 1.23. Section 15.021(c), Election Code, is amended |
---|
376 | 376 | | to read as follows: |
---|
377 | 377 | | (c) The registrar shall retain the notice on file [with the |
---|
378 | 378 | | voter's registration application]. If the correction is a change |
---|
379 | 379 | | of the voter's name, the registrar shall file the notice |
---|
380 | 380 | | [application] under the new name. |
---|
381 | 381 | | SECTION 1.24. Section 15.0215(b), Election Code, is amended |
---|
382 | 382 | | to read as follows: |
---|
383 | 383 | | (b) A federal judge, a state judge, or the spouse of a |
---|
384 | 384 | | federal judge or state judge who is registered to vote may at any |
---|
385 | 385 | | time submit to the secretary of state [registrar of the county in |
---|
386 | 386 | | which the judge resides] an affidavit stating that the voter is a |
---|
387 | 387 | | federal judge or state judge or the spouse of a federal judge or |
---|
388 | 388 | | state judge. |
---|
389 | 389 | | SECTION 1.25. Section 15.053(c), Election Code, is amended |
---|
390 | 390 | | to read as follows: |
---|
391 | 391 | | (c) The registrar shall submit [act on] the response to the |
---|
392 | 392 | | secretary of state for action in accordance with Section 13.072 and |
---|
393 | 393 | | retain the response on file [with the voter's registration |
---|
394 | 394 | | application]. |
---|
395 | 395 | | SECTION 1.26. Section 16.005, Election Code, is amended to |
---|
396 | 396 | | read as follows: |
---|
397 | 397 | | Sec. 16.005. PRESERVATION OF ABSTRACT. If an abstract |
---|
398 | 398 | | received under this subchapter affects a registered voter of the |
---|
399 | 399 | | county, the registrar shall retain a copy of the abstract on file |
---|
400 | 400 | | [with the affected voter's registration application]. |
---|
401 | 401 | | SECTION 1.27. Section 16.031(a), Election Code, is amended |
---|
402 | 402 | | to read as follows: |
---|
403 | 403 | | (a) The registrar shall cancel a voter's registration |
---|
404 | 404 | | immediately on receipt of: |
---|
405 | 405 | | (1) notice under Section [13.072(b) or] 15.021 or a |
---|
406 | 406 | | response under Section 15.053 that the voter's residence is outside |
---|
407 | 407 | | the county; |
---|
408 | 408 | | (2) an abstract of the voter's death certificate under |
---|
409 | 409 | | Section 16.001(a) or an abstract of an application indicating that |
---|
410 | 410 | | the voter is deceased under Section 16.001(b); |
---|
411 | 411 | | (3) an abstract of a final judgment of the voter's |
---|
412 | 412 | | total mental incapacity, partial mental incapacity without the |
---|
413 | 413 | | right to vote, conviction of a felony, or disqualification under |
---|
414 | 414 | | Section 16.002, 16.003, or 16.004; |
---|
415 | 415 | | (4) notice under Section 112.012 that the voter has |
---|
416 | 416 | | applied for a limited ballot in another county; |
---|
417 | 417 | | (5) notice from a voter registration official in |
---|
418 | 418 | | another state that the voter has registered to vote outside this |
---|
419 | 419 | | state; |
---|
420 | 420 | | (6) notice from the early voting clerk under Section |
---|
421 | 421 | | 101.053 [101.0041] that a federal postcard application submitted by |
---|
422 | 422 | | an applicant states a voting residence address located outside the |
---|
423 | 423 | | registrar's county; or |
---|
424 | 424 | | (7) notice from the secretary of state that the voter |
---|
425 | 425 | | has registered to vote in another county, as determined by the |
---|
426 | 426 | | voter's driver's license number or personal identification card |
---|
427 | 427 | | number issued by the Department of Public Safety or social security |
---|
428 | 428 | | number. |
---|
429 | 429 | | SECTION 1.28. Section 16.033(f), Election Code, is amended |
---|
430 | 430 | | to read as follows: |
---|
431 | 431 | | (f) The registrar shall retain a copy of the notice mailed |
---|
432 | 432 | | to a voter under this section on file [with the voter's registration |
---|
433 | 433 | | application]. If the voter's reply to the notice is in writing, the |
---|
434 | 434 | | registrar shall also retain the reply on file [with the |
---|
435 | 435 | | application]. If the reply is oral, the registrar shall prepare a |
---|
436 | 436 | | memorandum of the reply, indicating the substance and date of the |
---|
437 | 437 | | reply, and shall retain the memorandum on file [with the |
---|
438 | 438 | | application]. |
---|
439 | 439 | | SECTION 1.29. Section 16.0331(c), Election Code, is amended |
---|
440 | 440 | | to read as follows: |
---|
441 | 441 | | (c) The registrar shall retain the request on file [with the |
---|
442 | 442 | | voter's registration application]. |
---|
443 | 443 | | SECTION 1.30. Section 16.034, Election Code, is amended to |
---|
444 | 444 | | read as follows: |
---|
445 | 445 | | Sec. 16.034. RECORDING CANCELLATION. On cancellation of a |
---|
446 | 446 | | voter's registration, the registrar shall notify the secretary of |
---|
447 | 447 | | state of [enter] the date of and reason for the cancellation and the |
---|
448 | 448 | | secretary of state shall record the information on the voter's |
---|
449 | 449 | | registration application and duplicate registration certificate |
---|
450 | 450 | | and make any other appropriate corrections in the registration |
---|
451 | 451 | | records. |
---|
452 | 452 | | SECTION 1.31. Section 16.037(c), Election Code, is amended |
---|
453 | 453 | | to read as follows: |
---|
454 | 454 | | (c) On reinstatement of a registration, the registrar shall |
---|
455 | 455 | | notify the secretary of state of [enter] the date of and reason for |
---|
456 | 456 | | the reinstatement and the secretary of state shall record the |
---|
457 | 457 | | information on the voter's registration application and duplicate |
---|
458 | 458 | | registration certificate, make any appropriate corrections in the |
---|
459 | 459 | | registration records, and take any other action necessary to give |
---|
460 | 460 | | effect to the reinstatement. |
---|
461 | 461 | | SECTION 1.32. Section 31.040(b), Election Code, is amended |
---|
462 | 462 | | to read as follows: |
---|
463 | 463 | | (b) The commissioners court or the administrator may |
---|
464 | 464 | | require any or all of the administrator's deputies[, other than |
---|
465 | 465 | | unpaid volunteer deputy registrars,] to give a bond similar to that |
---|
466 | 466 | | required of the administrator in an amount not exceeding the amount |
---|
467 | 467 | | of the administrator's bond. |
---|
468 | 468 | | SECTION 1.33. Section 31.161(b), Election Code, is amended |
---|
469 | 469 | | to read as follows: |
---|
470 | 470 | | (b) The joint elections commission or the joint elections |
---|
471 | 471 | | administrator may require any or all of the administrator's |
---|
472 | 472 | | deputies[, other than unpaid volunteer deputy registrars,] to give |
---|
473 | 473 | | a bond similar to that required of the administrator in an amount |
---|
474 | 474 | | not exceeding the amount of the administrator's bond. |
---|
475 | 475 | | SECTION 1.34. Section 31.170(b), Election Code, is amended |
---|
476 | 476 | | to read as follows: |
---|
477 | 477 | | (b) After the effective date of an order abolishing the |
---|
478 | 478 | | position of joint elections administrator, the county tax |
---|
479 | 479 | | assessor-collector is the voter registrar of the county, and the |
---|
480 | 480 | | duties and functions of the officer of a participating entity that |
---|
481 | 481 | | were performed by the administrator revert to the officer, unless a |
---|
482 | 482 | | transfer of duties and functions occurs under Section [12.031 or] |
---|
483 | 483 | | 31.071. |
---|
484 | 484 | | ARTICLE 2. PROCEDURES FOR IDENTIFYING REGISTERED VOTERS |
---|
485 | 485 | | SECTION 2.01. Section 18.005(c), Election Code, is amended |
---|
486 | 486 | | to read as follows: |
---|
487 | 487 | | (c) The original or supplemental list of registered voters |
---|
488 | 488 | | may not contain the residence address of a voter who is a federal |
---|
489 | 489 | | judge, a state judge, or the spouse of a federal judge or state |
---|
490 | 490 | | judge, if the voter included an affidavit with the voter's |
---|
491 | 491 | | registration application under Section 13.0021 or the secretary of |
---|
492 | 492 | | state [registrar] received an affidavit submitted under Section |
---|
493 | 493 | | 15.0215 before the list was prepared. In this subsection, "federal |
---|
494 | 494 | | judge" and "state judge" have the meanings assigned by Section |
---|
495 | 495 | | 13.0021. |
---|
496 | 496 | | SECTION 2.02. Section 18.006, Election Code, is amended to |
---|
497 | 497 | | read as follows: |
---|
498 | 498 | | Sec. 18.006. DELIVERY OF LISTS TO ELECTION AUTHORITIES. |
---|
499 | 499 | | The registrar shall deliver the lists furnished under this |
---|
500 | 500 | | subchapter, including the lists furnished under Section 18.007, to |
---|
501 | 501 | | the appropriate authority as soon as practicable after the request |
---|
502 | 502 | | but in every case in time for receipt before the beginning of early |
---|
503 | 503 | | voting by mail for the election in which the lists are to be used. |
---|
504 | 504 | | If those lists do not contain the names of all voters who will be |
---|
505 | 505 | | eligible to vote as of the beginning of early voting by personal |
---|
506 | 506 | | appearance, another set of the appropriate lists shall be delivered |
---|
507 | 507 | | before the beginning of early voting by personal appearance. If |
---|
508 | 508 | | those lists do not contain the names of all voters whose |
---|
509 | 509 | | registrations will be effective on election day, another set of the |
---|
510 | 510 | | appropriate lists shall be delivered as soon as practicable after |
---|
511 | 511 | | the secretary of state [registrar] has processed the remaining |
---|
512 | 512 | | applications. |
---|
513 | 513 | | SECTION 2.03. Sections 18.043(a) and (c), Election Code, |
---|
514 | 514 | | are amended to read as follows: |
---|
515 | 515 | | (a) The [At the times prescribed by the] secretary of |
---|
516 | 516 | | state[, the registrar] shall produce [deliver to the secretary] a |
---|
517 | 517 | | statement containing the voter registration information determined |
---|
518 | 518 | | [by the secretary] to be necessary to comply with reporting |
---|
519 | 519 | | requirements prescribed under federal law. |
---|
520 | 520 | | (c) The secretary of state [registrar] shall maintain the |
---|
521 | 521 | | information required for the statements in accordance with |
---|
522 | 522 | | procedures prescribed by this section [the secretary of state]. |
---|
523 | 523 | | SECTION 2.04. Section 18.061(c), Election Code, is amended |
---|
524 | 524 | | to read as follows: |
---|
525 | 525 | | (c) Under procedures prescribed by the secretary of state, |
---|
526 | 526 | | the Department of Public Safety and each voter registrar shall |
---|
527 | 527 | | provide to the secretary of state on an expedited basis the |
---|
528 | 528 | | information necessary to maintain the registration list |
---|
529 | 529 | | established under Subsection (a). The procedures shall provide for |
---|
530 | 530 | | the electronic submission of the information. |
---|
531 | 531 | | SECTION 2.05. Section 18.066(b), Election Code, is amended |
---|
532 | 532 | | to read as follows: |
---|
533 | 533 | | (b) Information furnished under this section may not |
---|
534 | 534 | | include: |
---|
535 | 535 | | (1) a voter's social security number; or |
---|
536 | 536 | | (2) the residence address of a voter who is a federal |
---|
537 | 537 | | judge or state judge, as defined by Section 13.0021, or the spouse |
---|
538 | 538 | | of a federal judge or state judge, if the voter included an |
---|
539 | 539 | | affidavit with the voter's registration application under Section |
---|
540 | 540 | | 13.0021 or the secretary of state [applicable registrar] has |
---|
541 | 541 | | received an affidavit submitted under Section 15.0215. |
---|
542 | 542 | | SECTION 2.06. Section 63.0011(e), Election Code, is amended |
---|
543 | 543 | | to read as follows: |
---|
544 | 544 | | (e) The voter registrar shall retain each statement of |
---|
545 | 545 | | residence on file [with the voter's voter registration |
---|
546 | 546 | | application]. |
---|
547 | 547 | | SECTION 2.07. Section 101.055(c), Election Code, is amended |
---|
548 | 548 | | to read as follows: |
---|
549 | 549 | | (c) Under procedures prescribed by the secretary of state, |
---|
550 | 550 | | the secretary of state [The registrar] shall register the person at |
---|
551 | 551 | | the address provided under Subsection (b) unless that address no |
---|
552 | 552 | | longer is recognized as a residential address, in which event the |
---|
553 | 553 | | secretary of state [registrar] shall assign the person to an |
---|
554 | 554 | | address [under procedures prescribed by the secretary of state]. |
---|
555 | 555 | | SECTION 2.08. Section 112.012, Election Code, is amended to |
---|
556 | 556 | | read as follows: |
---|
557 | 557 | | Sec. 112.012. NOTIFICATION TO SECRETARY OF STATE [VOTER |
---|
558 | 558 | | REGISTRAR]. Not later than the 30th day after receipt of an |
---|
559 | 559 | | application for a limited ballot, the early voting clerk shall |
---|
560 | 560 | | notify the secretary of state [voter registrar for the voter's |
---|
561 | 561 | | former county of residence] that the voter has applied for a limited |
---|
562 | 562 | | ballot. |
---|
563 | 563 | | ARTICLE 3. VOTER REGISTRATION AGENCIES |
---|
564 | 564 | | SECTION 3.01. Section 20.008, Election Code, is amended to |
---|
565 | 565 | | read as follows: |
---|
566 | 566 | | Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE [OR |
---|
567 | 567 | | REGISTRAR]. If a question arises concerning voter registration |
---|
568 | 568 | | that an agency employee cannot answer, the employee shall provide |
---|
569 | 569 | | the person[: |
---|
570 | 570 | | [(1)] the toll-free telephone number of the Elections |
---|
571 | 571 | | Division of the Office of the Secretary of State[; and |
---|
572 | 572 | | [(2) the telephone number of the voter registrar to |
---|
573 | 573 | | whom registration applications are submitted]. |
---|
574 | 574 | | SECTION 3.02. Sections 20.033, 20.034, and 20.035, Election |
---|
575 | 575 | | Code, are amended to read as follows: |
---|
576 | 576 | | Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO |
---|
577 | 577 | | EMPLOYEE. The date of submission of a completed registration |
---|
578 | 578 | | application to the agency employee is considered to be the date of |
---|
579 | 579 | | submission to the secretary of state [voter registrar] for the |
---|
580 | 580 | | purpose of determining the effective date of registration only. |
---|
581 | 581 | | Sec. 20.034. SUBMISSION TO REGISTRAR BY APPLICANT. (a) The |
---|
582 | 582 | | applicant may keep the registration application form or the |
---|
583 | 583 | | completed application to submit the application personally to the |
---|
584 | 584 | | secretary of state [voter registrar]. |
---|
585 | 585 | | (b) The agency employee shall enter on the declination of |
---|
586 | 586 | | registration form a notation that after being given the opportunity |
---|
587 | 587 | | to register, the applicant kept the application or application form |
---|
588 | 588 | | for personal submission of the application to the secretary of |
---|
589 | 589 | | state [registrar]. |
---|
590 | 590 | | Sec. 20.035. DELIVERY OF APPLICATIONS TO SECRETARY OF STATE |
---|
591 | 591 | | [REGISTRAR]. (a) The agency shall deliver to the secretary of |
---|
592 | 592 | | state [voter registrar of the county in which the agency office is |
---|
593 | 593 | | located] each completed registration application submitted to an |
---|
594 | 594 | | agency employee. |
---|
595 | 595 | | (b) An application shall be delivered to the secretary of |
---|
596 | 596 | | state [registrar] not later than the fifth day after the date the |
---|
597 | 597 | | application is submitted to the employee. |
---|
598 | 598 | | SECTION 3.03. Section 20.037(c), Election Code, is amended |
---|
599 | 599 | | to read as follows: |
---|
600 | 600 | | (c) An application form delivered by mail must be |
---|
601 | 601 | | accompanied by a notice informing the applicant that the |
---|
602 | 602 | | application may be submitted in person or by mail to the secretary |
---|
603 | 603 | | of state [voter registrar of the county in which the applicant |
---|
604 | 604 | | resides or in person to a volunteer deputy registrar for delivery to |
---|
605 | 605 | | the voter registrar of the county in which the applicant resides]. |
---|
606 | 606 | | SECTION 3.04. Section 20.061, Election Code, is amended to |
---|
607 | 607 | | read as follows: |
---|
608 | 608 | | Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other |
---|
609 | 609 | | provisions of this chapter apply to the Department of Public Safety |
---|
610 | 610 | | except provisions that conflict with this subchapter or Section |
---|
611 | 611 | | 13.009. |
---|
612 | 612 | | SECTION 3.05. Section 20.062(b), Election Code, is amended |
---|
613 | 613 | | to read as follows: |
---|
614 | 614 | | (b) The department shall prescribe and use a change of |
---|
615 | 615 | | address form and procedure that combines department and voter |
---|
616 | 616 | | registration functions. The form must allow a licensee or |
---|
617 | 617 | | cardholder to indicate that [whether] the change of address is not |
---|
618 | 618 | | [also to be used] for voter registration purposes. |
---|
619 | 619 | | SECTION 3.06. Section 20.063, Election Code, is amended to |
---|
620 | 620 | | read as follows: |
---|
621 | 621 | | Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department |
---|
622 | 622 | | of Public Safety shall consider an application made in person, by |
---|
623 | 623 | | mail, or online at the department's Internet website [provide to |
---|
624 | 624 | | each person who applies in person at the department's offices] for |
---|
625 | 625 | | an original or renewal of a driver's license, a personal |
---|
626 | 626 | | identification card, or a duplicate or corrected license or card by |
---|
627 | 627 | | a person who is eligible to vote as provided by Section 13.001 an |
---|
628 | 628 | | application for [opportunity to complete a] voter registration. |
---|
629 | 629 | | The date of application is considered to be the date of submission |
---|
630 | 630 | | to the secretary of state for the purpose of determining the |
---|
631 | 631 | | effective date of registration [application form]. |
---|
632 | 632 | | (b) The Department of Public Safety shall consider a change |
---|
633 | 633 | | of address that relates to [When the department processes] a |
---|
634 | 634 | | license or card and that is submitted to [for renewal by mail,] the |
---|
635 | 635 | | department [shall deliver to the applicant by mail a voter |
---|
636 | 636 | | registration application form. |
---|
637 | 637 | | [(c) A change of address that relates to a license or card |
---|
638 | 638 | | and that is submitted to the department] in person, [or] by mail, or |
---|
639 | 639 | | online at the department's Internet website [serves] as a change in |
---|
640 | 640 | | [of address for] voter registration [unless the licensee or |
---|
641 | 641 | | cardholder indicates that the change is not for voter registration |
---|
642 | 642 | | purposes]. The date of submission of a change of address to a |
---|
643 | 643 | | department employee is considered to be the date of submission to |
---|
644 | 644 | | the secretary of state [voter registrar] for the purpose of |
---|
645 | 645 | | determining the effective date of registration [only]. |
---|
646 | 646 | | (c) The registration of an eligible [(d) If a completed] |
---|
647 | 647 | | voter as required by Subsections (a) and (b) is automatic unless the |
---|
648 | 648 | | person indicates that the transaction is not for voter |
---|
649 | 649 | | registration purposes [application submitted to a department |
---|
650 | 650 | | employee does not include the applicant's correct driver's license |
---|
651 | 651 | | number or personal identification card number, a department |
---|
652 | 652 | | employee shall enter the appropriate information on the |
---|
653 | 653 | | application. If a completed application does not include the |
---|
654 | 654 | | applicant's correct residence address or mailing address, a |
---|
655 | 655 | | department employee shall obtain the appropriate information from |
---|
656 | 656 | | the applicant and enter the information on the application]. |
---|
657 | 657 | | SECTION 3.07. Section 20.065(b), Election Code, is amended |
---|
658 | 658 | | to read as follows: |
---|
659 | 659 | | (b) Each weekday the department is regularly open for |
---|
660 | 660 | | business, the department shall electronically transfer to the |
---|
661 | 661 | | secretary of state the name and information designated by the |
---|
662 | 662 | | secretary of state for [of each person who completes a] voter |
---|
663 | 663 | | registration for each individual who is eligible to vote as |
---|
664 | 664 | | provided by Section 13.001 and applies in person, by mail, or online |
---|
665 | 665 | | at the department's Internet website for an original or renewal of a |
---|
666 | 666 | | driver's license, a personal identification card, or a duplicate or |
---|
667 | 667 | | corrected license or card [application submitted to the |
---|
668 | 668 | | department]. The secretary shall prescribe procedures necessary to |
---|
669 | 669 | | implement this subsection. |
---|
670 | 670 | | SECTION 3.08. Subchapter C, Chapter 20, Election Code, is |
---|
671 | 671 | | amended by adding Section 20.067 to read as follows: |
---|
672 | 672 | | Sec. 20.067. PUBLIC ANNOUNCEMENT. The Department of Public |
---|
673 | 673 | | Safety and the secretary of state shall develop printed materials |
---|
674 | 674 | | and a public service announcement to inform the public about |
---|
675 | 675 | | automatic voter registration. |
---|
676 | 676 | | SECTION 3.09. Section 20.122(c), Election Code, is amended |
---|
677 | 677 | | to read as follows: |
---|
678 | 678 | | (c) The application forms must be accompanied by a notice |
---|
679 | 679 | | informing the licensees that the applications may be submitted in |
---|
680 | 680 | | person or by mail to the secretary of state [voter registrar of the |
---|
681 | 681 | | county in which they reside or in person to a volunteer deputy |
---|
682 | 682 | | registrar for delivery to the voter registrar of the county in which |
---|
683 | 683 | | they reside]. |
---|
684 | 684 | | ARTICLE 4. PERSONAL IDENTIFICATION CERTIFICATES |
---|
685 | 685 | | SECTION 4.01. Section 521.101, Transportation Code, is |
---|
686 | 686 | | amended by adding Subsection (m) to read as follows: |
---|
687 | 687 | | (m) The department shall indicate "VOTER" on the face of a |
---|
688 | 688 | | personal identification certificate issued to a person |
---|
689 | 689 | | automatically registered to vote under Section 20.063, Election |
---|
690 | 690 | | Code, and "NONVOTER" on a personal identification certificate |
---|
691 | 691 | | issued to a person who declines to be registered to vote under |
---|
692 | 692 | | Section 20.063, Election Code, or is ineligible for voter |
---|
693 | 693 | | registration. |
---|
694 | 694 | | SECTION 4.02. Subchapter F, Chapter 521, Transportation |
---|
695 | 695 | | Code, is amended by adding Section 521.127 to read as follows: |
---|
696 | 696 | | Sec. 521.127. VOTER REGISTRATION REQUIRED TO BE INDICATED |
---|
697 | 697 | | ON LICENSE. The department shall indicate "VOTER" on the face of |
---|
698 | 698 | | each driver's license issued to a person automatically registered |
---|
699 | 699 | | to vote under Section 20.063, Election Code, and "NONVOTER" on each |
---|
700 | 700 | | driver's license issued to a person who declines to be registered to |
---|
701 | 701 | | vote under Section 20.063, Election Code, or is ineligible for |
---|
702 | 702 | | voter registration. |
---|
703 | 703 | | SECTION 4.03. Section 521.422(a), Transportation Code, is |
---|
704 | 704 | | amended to read as follows: |
---|
705 | 705 | | (a) The fee for a personal identification certificate is: |
---|
706 | 706 | | (1) waived for an individual eligible to register to |
---|
707 | 707 | | vote under Section 13.001, Election Code; |
---|
708 | 708 | | (2) $15 for a person under 60 years of age; |
---|
709 | 709 | | (3) [(2)] $5 for a person 60 years of age or older; and |
---|
710 | 710 | | (4) [(3)] $20 for a person subject to the registration |
---|
711 | 711 | | requirements under Chapter 62, Code of Criminal Procedure. |
---|
712 | 712 | | ARTICLE 5. REPEALER; EFFECTIVE DATE |
---|
713 | 713 | | SECTION 5.01. The following provisions of the Election Code |
---|
714 | 714 | | are repealed: |
---|
715 | 715 | | (1) Section 12.002; |
---|
716 | 716 | | (2) Section 12.005; |
---|
717 | 717 | | (3) Section 12.006; |
---|
718 | 718 | | (4) Subchapter B, Chapter 12; |
---|
719 | 719 | | (5) Subchapter B, Chapter 13; |
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720 | 720 | | (6) Section 13.072(d); |
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721 | 721 | | (7) Section 13.121(c); and |
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722 | 722 | | (8) Sections 20.065(a) and (c). |
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723 | 723 | | SECTION 5.02. This Act takes effect September 1, 2017. |
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