85R6869 JRJ-D
By: Watson S.B. No. 643
A BILL TO BE ENTITLED
AN ACT
relating to requiring a voter to present proof of identification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.058(a), Election Code, is amended to
read as follows:
(a) While on duty, a watcher may not:
(1) converse with an election officer regarding the
election, except to call attention to an irregularity or violation
of law;
(2) converse with a voter; or
(3) communicate in any manner with a voter regarding
the election, or any related voting procedures.
SECTION 2. Section 63.001, Election Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsections (c-1)
and (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 affidavit described by Subsection (i)
[63.0101].
(c) On presentation of the documentation required under
Subsection (b), an election officer shall determine whether the
voter's name on the documentation is on the list of registered
voters for the precinct. If in making a determination under this
subsection the election officer determines under standards adopted
by the secretary of state that the voter's name on the documentation
is substantially similar to but does not match exactly with the name
on the list, the voter shall be accepted for voting under Subsection
(d) if the voter submits an affidavit stating that the voter is the
person on the list of registered voters. An election officer may
not refuse to accept an affidavit presented under Subsection (b)(2)
unless there is conclusive evidence that the voter executing the
affidavit is not the person in whose name the ballot is cast.
(c-1) An election officer may not refuse to accept
documentation presented to meet the requirements of Subsection (b)
solely because the address on the documentation does not match the
address on the list of registered voters.
(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 an affidavit described by Subsection (i).
(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 an affidavit under penalty of perjury declaring the
voter has a reasonable impediment to meeting the requirement for
identification prescribed by Subsection (b)(1). The election
officer may not question or challenge a voter concerning the
voter's lack of identification under Subsection (b)(1) or the
voter's reasonable impediment. The secretary of state shall
prescribe the following form of the affidavit:
REASONABLE IMPEDIMENT DECLARATION
TO BE COMPLETED BY VOTER
Name:
VOTER'S DECLARATION OF REASONABLE IMPEDIMENT OR DIFFICULTY
By signing this declaration, I swear or affirm under penalty of
perjury that I am the same individual who personally appeared at the
polling place, that I am casting a ballot while voting in person,
and that I face a reasonable impediment or difficulty that prevents
me from getting an acceptable form of photo identification.
My reasonable impediment or difficulty is due to the following
reason(s):
(Check at least one box below)
Lack of transportation □ Disability or illness Lack of transportation □ Disability or illness
Lack of transportation □ Disability or illness
Lack of birth certificate or other documents needed to obtain
acceptable photo ID
Work schedule □ Family responsibilities Work schedule □ Family responsibilities
Work schedule □ Family responsibilities
Lost or stolen photo ID □ Photo ID applied for but not Lost or stolen photo ID □ Photo ID applied for but not
Lost or stolen photo ID □ Photo ID applied for but not
received received
received
Other reasonable impediment or difficulty
The reasonableness of your impediment or difficulty cannot be
questioned.
______________________________________________________________
Signature of VoterDate
Sworn to and subscribed before me this
_____ day of __________, 20___
Presiding Judge _______________
TO BE COMPLETED BY ELECTION OFFICIAL
The voter provided one of the following forms of identification or
information:
Valid voter registration certificate; or
A copy or original of one of the following:
____ certified birth certificate (must be an original)
____ current utility bill
____ bank statement
____ government check
____ other government document that shows the voter's name
and an address (with the exception of a government
document containing a photograph, which must be an
original)
____ paycheck
Location: ____________________
Date of Election: ____________________
SECTION 3. 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 four years [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 four years [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 four years [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 four years [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 birth certificate or other
document confirming birth that is admissible in a court of law and
establishes the person's identity.
SECTION 4. 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 affidavit 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 5. 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 6. This Act takes effect September 1, 2017.
Lack of transportation □ Disability or illness
Work schedule □ Family responsibilities
Lost or stolen photo ID □ Photo ID applied for but not
received