Texas 2017 - 85th Regular

Texas Senate Bill SB643 Compare Versions

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

Old	New	Differences
1	1	85R6869 JRJ-D
2	2	By: Watson S.B. No. 643
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring a voter to present proof of identification.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 33.058(a), Election Code, is amended to
10	10	read as follows:
11	11	(a) While on duty, a watcher may not:
12	12	(1) converse with an election officer regarding the
13	13	election, except to call attention to an irregularity or violation
14	14	of law;
15	15	(2) converse with a voter; or
16	16	(3) communicate in any manner with a voter regarding
17	17	the election, or any related voting procedures.
18	18	SECTION 2. Section 63.001, Election Code, is amended by
19	19	amending Subsections (b), (c), and (d) and adding Subsections (c-1)
20	20	and (i) to read as follows:
21	21	(b) Except as provided by Subsection (h), on offering to
22	22	vote, a voter must present to an election officer at the polling
23	23	place:
24	24	(1) one form of photo identification listed in
25	25	[described by] Section 63.0101(a); or
26	26	(2) one form of identification listed in Section
27	27	63.0101(b) accompanied by the affidavit described by Subsection (i)
28	28	[63.0101].
29	29	(c) On presentation of the documentation required under
30	30	Subsection (b), an election officer shall determine whether the
31	31	voter's name on the documentation is on the list of registered
32	32	voters for the precinct. If in making a determination under this
33	33	subsection the election officer determines under standards adopted
34	34	by the secretary of state that the voter's name on the documentation
35	35	is substantially similar to but does not match exactly with the name
36	36	on the list, the voter shall be accepted for voting under Subsection
37	37	(d) if the voter submits an affidavit stating that the voter is the
38	38	person on the list of registered voters. An election officer may
39	39	not refuse to accept an affidavit presented under Subsection (b)(2)
40	40	unless there is conclusive evidence that the voter executing the
41	41	affidavit is not the person in whose name the ballot is cast.
42	42	(c-1) An election officer may not refuse to accept
43	43	documentation presented to meet the requirements of Subsection (b)
44	44	solely because the address on the documentation does not match the
45	45	address on the list of registered voters.
46	46	(d) If, as determined under Subsection (c), the voter's name
47	47	is on the precinct list of registered voters and the voter's
48	48	identity can be verified from the documentation presented under
49	49	Subsection (b), the voter shall be accepted for voting. An election
50	50	officer may not question the reasonableness of an impediment sworn
51	51	to by a voter in an affidavit described by Subsection (i).
52	52	(i) If the requirement for identification prescribed by
53	53	Subsection (b)(1) is not met, an election officer shall notify the
54	54	voter that the voter may be accepted for voting if the voter meets
55	55	the requirement for identification prescribed by Subsection (b)(2)
56	56	and executes an affidavit under penalty of perjury declaring the
57	57	voter has a reasonable impediment to meeting the requirement for
58	58	identification prescribed by Subsection (b)(1). The election
59	59	officer may not question or challenge a voter concerning the
60	60	voter's lack of identification under Subsection (b)(1) or the
61	61	voter's reasonable impediment. The secretary of state shall
62	62	prescribe the following form of the affidavit:
63	63	REASONABLE IMPEDIMENT DECLARATION
64	64	TO BE COMPLETED BY VOTER
65	65	Name:
66	66	VOTER'S DECLARATION OF REASONABLE IMPEDIMENT OR DIFFICULTY
67	67	By signing this declaration, I swear or affirm under penalty of
68	68	perjury that I am the same individual who personally appeared at the
69	69	polling place, that I am casting a ballot while voting in person,
70	70	and that I face a reasonable impediment or difficulty that prevents
71	71	me from getting an acceptable form of photo identification.
72	72	My reasonable impediment or difficulty is due to the following
73	73	reason(s):
74	74	(Check at least one box below)
75	75	Lack of transportation □ Disability or illness Lack of transportation □ Disability or illness
76	76	Lack of transportation □ Disability or illness
77	77	Lack of birth certificate or other documents needed to obtain
78	78	acceptable photo ID
79	79	Work schedule □ Family responsibilities Work schedule □ Family responsibilities
80	80	Work schedule □ Family responsibilities
81	81	Lost or stolen photo ID □ Photo ID applied for but not Lost or stolen photo ID □ Photo ID applied for but not
82	82	Lost or stolen photo ID □ Photo ID applied for but not
83	83	received received
84	84	received
85	85	Other reasonable impediment or difficulty
86	86	The reasonableness of your impediment or difficulty cannot be
87	87	questioned.
88	88	______________________________________________________________
89	89	Signature of VoterDate
90	90	Sworn to and subscribed before me this
91	91	_____ day of __________, 20___
92	92	Presiding Judge _______________
93	93	TO BE COMPLETED BY ELECTION OFFICIAL
94	94	The voter provided one of the following forms of identification or
95	95	information:
96	96	Valid voter registration certificate; or
97	97	A copy or original of one of the following:
98	98	____ certified birth certificate (must be an original)
99	99	____ current utility bill
100	100	____ bank statement
101	101	____ government check
102	102	____ other government document that shows the voter's name
103	103	and an address (with the exception of a government
104	104	document containing a photograph, which must be an
105	105	original)
106	106	____ paycheck
107	107	Location: ____________________
108	108	Date of Election: ____________________
109	109	SECTION 3. Section 63.0101, Election Code, is amended to
110	110	read as follows:
111	111	Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
112	112	(a) The following documentation is an acceptable form of photo
113	113	identification under this chapter:
114	114	(1) a driver's license, election identification
115	115	certificate, or personal identification card issued to the person
116	116	by the Department of Public Safety that has not expired or that
117	117	expired no earlier than four years [60 days] before the date of
118	118	presentation;
119	119	(2) a United States military identification card that
120	120	contains the person's photograph that has not expired or that
121	121	expired no earlier than four years [60 days] before the date of
122	122	presentation;
123	123	(3) a United States citizenship certificate issued to
124	124	the person that contains the person's photograph;
125	125	(4) a United States passport issued to the person that
126	126	has not expired or that expired no earlier than four years [60 days]
127	127	before the date of presentation; or
128	128	(5) a license to carry a handgun issued to the person
129	129	by the Department of Public Safety that has not expired or that
130	130	expired no earlier than four years [60 days] before the date of
131	131	presentation.
132	132	(b) The following documentation is acceptable as proof of
133	133	identification under this chapter:
134	134	(1) a government document that shows the name and
135	135	address of the voter, including the voter's voter registration
136	136	certificate;
137	137	(2) one of the following documents that shows the name
138	138	and address of the voter:
139	139	(A) a copy of a current utility bill;
140	140	(B) a bank statement;
141	141	(C) a government check; or
142	142	(D) a paycheck; or
143	143	(3) a certified copy of a birth certificate or other
144	144	document confirming birth that is admissible in a court of law and
145	145	establishes the person's identity.
146	146	SECTION 4. Section 272.011(b), Election Code, is amended to
147	147	read as follows:
148	148	(b) The secretary of state shall prepare the translation for
149	149	election materials required to be provided in a language other than
150	150	English or Spanish for the following state prescribed voter forms:
151	151	(1) voter registration application form required by
152	152	Section 13.002;
153	153	(2) the confirmation form required by Section 15.051;
154	154	(3) the voting instruction poster required by Section
155	155	62.011;
156	156	(4) the reasonable impediment affidavit required by
157	157	Section 63.001(b);
158	158	(5) the statement of residence form required by
159	159	Section 63.0011;
160	160	(6) [(5)] the provisional ballot affidavit required
161	161	by Section 63.011;
162	162	(7) [(6)] the application for a ballot by mail
163	163	required by Section 84.011;
164	164	(8) [(7)] the carrier envelope and voting
165	165	instructions required by Section 86.013; and
166	166	(9) [(8)] any other voter forms that the secretary of
167	167	state identifies as frequently used and for which state resources
168	168	are otherwise available.
169	169	SECTION 5. Section 521A.001(a), Transportation Code, is
170	170	amended to read as follows:
171	171	(a) The department shall issue an election identification
172	172	certificate to a person who states that the person is obtaining the
173	173	certificate for the purpose of satisfying Section 63.001(b),
174	174	Election Code, and does not have another form of identification
175	175	described by Section 63.0101(a) [63.0101], Election Code, and:
176	176	(1) who is a registered voter in this state and
177	177	presents a valid voter registration certificate; or
178	178	(2) who is eligible for registration under Section
179	179	13.001, Election Code, and submits a registration application to
180	180	the department.
181	181	SECTION 6. This Act takes effect September 1, 2017.
182	182
183	183	Lack of transportation □ Disability or illness
184	184
185	185	Work schedule □ Family responsibilities
186	186
187	187	Lost or stolen photo ID □ Photo ID applied for but not
188	188
189	189	received