By: Huffman, et al. S.B. No. 5
(In the Senate - Filed February 21, 2017;
February 22, 2017, read first time and referred to Committee on
State Affairs; March 14, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
March 14, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 5 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to requiring a voter to present proof of identification;
providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 31, Election Code, is
amended by adding Section 31.013 to read as follows:
Sec. 31.013. MOBILE LOCATIONS FOR OBTAINING
IDENTIFICATION. (a) The secretary of state shall establish a
program using mobile units to provide election identification
certificates to voters for the purpose of satisfying the
requirements of Section 63.001(b). A mobile unit may be used at
special events or at the request of a constituent group.
(b) In establishing the program, the secretary of state
shall consult with the Department of Public Safety on the creation
of the program, security relating to the issuance of an election
identification certificate, best practices in issuing an election
identification certificate, and equipment required to issue an
election identification certificate.
(c) The secretary of state may not charge a fee to a group
that requests a mobile unit established under this section.
(d) If the secretary of state cannot ensure the required
security or other necessary elements of the program, the secretary
of state may deny a request for a mobile unit established under this
section.
(e) The secretary of state shall adopt rules necessary for
the implementation of this section.
SECTION 2. Section 63.001, Election Code, is amended by
amending Subsections (b), (d), and (e) and adding Subsection (i) to
read as follows:
(b) Except as provided by Subsection (h), on offering to
vote, a voter must present to an election officer at the polling
place:
(1) one form of photo identification listed in
[described by] Section 63.0101(a); or
(2) one form of identification listed in Section
63.0101(b) accompanied by the declaration described by Subsection
(i) [63.0101].
(d) If, as determined under Subsection (c), the voter's name
is on the precinct list of registered voters and the voter's
identity can be verified from the documentation presented under
Subsection (b), the voter shall be accepted for voting. An election
officer may not question the reasonableness of an impediment sworn
to by a voter in a declaration described by Subsection (i).
(e) On accepting a voter, an election officer shall indicate
beside the voter's name on the list of registered voters that the
voter is accepted for voting. If the voter executes a declaration
of reasonable impediment to meet the requirement for identification
under Subsection (b), the election officer must affix the voter's
voter registration number to the declaration either in numeric or
bar code form.
(i) If the requirement for identification prescribed by
Subsection (b)(1) is not met, an election officer shall notify the
voter that the voter may be accepted for voting if the voter meets
the requirement for identification prescribed by Subsection (b)(2)
and executes a declaration declaring the voter has a reasonable
impediment to meeting the requirement for identification
prescribed by Subsection (b)(1). A person is subject to
prosecution for perjury under Chapter 37, Penal Code, or Section
63.0013 for a false statement or false information on the
declaration. The secretary of state shall prescribe the form of the
declaration. The form shall include:
(1) a notice that a person is subject to prosecution
for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
false statement or false information on the declaration;
(2) a statement that the voter swears or affirms that
the information contained in the declaration is true, that the
person described in the declaration is the same person appearing at
the polling place to sign the declaration, and that the voter faces
a reasonable impediment to procuring the identification prescribed
by Subsection (b)(1);
(3) a place for the voter to indicate one of the
following impediments:
(A) lack of transportation;
(B) lack of birth certificate or other documents
needed to obtain the identification prescribed by Subsection
(b)(1);
(C) work schedule;
(D) lost or stolen identification;
(E) disability or illness;
(F) family responsibilities; and
(G) the identification prescribed by Subsection
(b)(1) has been applied for but not received;
(4) a place for the voter to sign and date the
declaration;
(5) a place for the election judge to sign and date the
declaration;
(6) a place to note the polling place at which the
declaration is signed; and
(7) a place for the election judge to note which form
of identification prescribed by Subsection (b)(2) the voter
presented.
SECTION 3. Chapter 63, Election Code, is amended by adding
Section 63.0013 to read as follows:
Sec. 63.0013. FALSE STATEMENT ON DECLARATION OF REASONABLE
IMPEDIMENT. (a) A person commits an offense if the person
knowingly makes a false statement or provides false information on
a declaration executed under Section 63.001(i).
(b) An offense under this section is a felony of the third
degree.
SECTION 4. Section 63.004(a), Election Code, is amended to
read as follows:
(a) The secretary of state may prescribe forms that combine
the poll list, the signature roster, or any other form used in
connection with the acceptance of voters at polling places with
each other or with the list of registered voters. The secretary
shall prescribe any special instructions necessary for using the
combination forms. The combination forms must include space for an
election officer to indicate whether a voter executed a declaration
of reasonable impediment under Section 63.001(i).
SECTION 5. Section 63.0101, Election Code, is amended to
read as follows:
Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
(a) The following documentation is an acceptable form of photo
identification under this chapter:
(1) a driver's license, election identification
certificate, or personal identification card issued to the person
by the Department of Public Safety that has not expired or that
expired no earlier than 60 days before the date of presentation;
(2) a United States military identification card that
contains the person's photograph that has not expired or that
expired no earlier than 60 days before the date of presentation;
(3) a United States citizenship certificate issued to
the person that contains the person's photograph;
(4) a United States passport issued to the person that
has not expired or that expired no earlier than 60 days before the
date of presentation; or
(5) a license to carry a handgun issued to the person
by the Department of Public Safety that has not expired or that
expired no earlier than 60 days before the date of presentation.
(b) The following documentation is acceptable as proof of
identification under this chapter:
(1) a government document that shows the name and
address of the voter, including the voter's voter registration
certificate;
(2) one of the following documents that shows the name
and address of the voter:
(A) a copy of a current utility bill;
(B) a bank statement;
(C) a government check; or
(D) a paycheck; or
(3) a certified copy of a domestic birth certificate
or other document confirming birth that is admissible in a court of
law and establishes the person's identity.
(c) A person 70 years of age or older may use a form of
identification listed in Subsection (a) that has expired for the
purposes of voting if the identification is otherwise valid.
SECTION 6. Section 272.011(b), Election Code, is amended to
read as follows:
(b) The secretary of state shall prepare the translation for
election materials required to be provided in a language other than
English or Spanish for the following state prescribed voter forms:
(1) voter registration application form required by
Section 13.002;
(2) the confirmation form required by Section 15.051;
(3) the voting instruction poster required by Section
62.011;
(4) the reasonable impediment declaration required by
Section 63.001(b);
(5) the statement of residence form required by
Section 63.0011;
(6) [(5)] the provisional ballot affidavit required
by Section 63.011;
(7) [(6)] the application for a ballot by mail
required by Section 84.011;
(8) [(7)] the carrier envelope and voting
instructions required by Section 86.013; and
(9) [(8)] any other voter forms that the secretary of
state identifies as frequently used and for which state resources
are otherwise available.
SECTION 7. Section 521A.001(a), Transportation Code, is
amended to read as follows:
(a) The department shall issue an election identification
certificate to a person who states that the person is obtaining the
certificate for the purpose of satisfying Section 63.001(b),
Election Code, and does not have another form of identification
described by Section 63.0101(a) [63.0101], Election Code, and:
(1) who is a registered voter in this state and
presents a valid voter registration certificate; or
(2) who is eligible for registration under Section
13.001, Election Code, and submits a registration application to
the department.
SECTION 8. This Act takes effect January 1, 2018.
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