86R4740 JRJ-F
By: González of Dallas H.B. No. 1464
A BILL TO BE ENTITLED
AN ACT
relating to voter registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 13.004(a), (c), and (d), Election Code,
are amended to read as follows:
(a) The registrar may not transcribe, copy, or otherwise
record a telephone number or e-mail address furnished on a
registration application.
(c) The following information furnished on a registration
application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code:
(1) a social security number;
(2) a Texas driver's license number;
(3) a number of a personal identification card issued
by the Department of Public Safety;
(4) an indication that an applicant is interested in
working as an election judge;
(5) a telephone number or e-mail address;
(6) the residence address of the applicant, if the
applicant is a federal judge or state judge, as defined by Section
13.0021, the spouse of a federal judge or state judge, or an
individual to whom Section 552.1175, Government Code, applies and
the applicant:
(A) included an affidavit with the registration
application describing the applicant's status under this
subdivision, including an affidavit under Section 13.0021 if the
applicant is a federal judge or state judge or the spouse of a
federal judge or state judge;
(B) provided the registrar with an affidavit
describing the applicant's status under this subdivision,
including an affidavit under Section 15.0215 if the applicant is a
federal judge or state judge or the spouse of a federal judge or
state judge; or
(C) provided the registrar with a completed form
approved by the secretary of state for the purpose of notifying the
registrar of the applicant's status under this subdivision;
(7) [(6)] the residence address of the applicant, if
the applicant, the applicant's child, or another person in the
applicant's household is a victim of family violence as defined by
Section 71.004, Family Code, who provided the registrar with:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of family
violence;
(8) [(7)] the residence address of the applicant, if
the applicant, the applicant's child, or another person in the
applicant's household is a victim of sexual assault or abuse,
stalking, or trafficking of persons who provided the registrar
with:
(A) a copy of a protective order issued under
Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons; or
(9) [(8)] the residence address of the applicant, if
the applicant:
(A) is a participant in the address
confidentiality program administered by the attorney general under
Subchapter C, Chapter 56, Code of Criminal Procedure; and
(B) provided the registrar with proof of
certification under Article 56.84, Code of Criminal Procedure.
(d) The voter registrar or other county official who has
access to the information furnished on a registration application
may not post the following information on a website:
(1) a telephone number or e-mail address;
(2) a social security number;
(3) a driver's license number or a number of a personal
identification card;
(4) a date of birth; or
(5) the residence address of a voter who is a federal
judge or state judge, as defined by Section 13.0021, or the spouse
of a federal judge or state judge, if the voter included an
affidavit with the application under Section 13.0021 or the
registrar has received an affidavit submitted under Section
15.0215.
SECTION 2. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0022 to read as follows:
Sec. 84.0022. CONFIDENTIALITY AND USE OF CERTAIN
INFORMATION. Information included on an application for a ballot
to be voted by mail is subject to Section 13.004 in the same manner
as that section applies to an application to register to vote.
SECTION 3. Section 84.011(a), Election Code, is amended to
read as follows:
(a) The officially prescribed application form for an early
voting ballot must combine the contents required under Section
84.002 for an early voting ballot application with an officially
prescribed voter registration application form and include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's information to
register to vote or voter registration number and county election
precinct of registration, as applicable, with a statement informing
the applicant that failure to furnish that information does not
invalidate the application; and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant applying on the
ground of absence from the county of residence to indicate the date
on or after which the applicant can receive mail at the address
outside the county;
(B) a space for indicating the fact that an
applicant whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone
number and e-mail address, with a statement informing the applicant
that failure to furnish that information does not invalidate the
application;
(D) a space or box for an applicant applying on
the ground of age or disability to indicate that the address to
which the ballot is to be mailed is the address of a facility or
relative described by Section 84.002(a)(3), if applicable;
(E) a space or box for an applicant applying on
the ground of confinement in jail to indicate that the address to
which the ballot is to be mailed is the address of a relative
described by Section 84.002(a)(4), if applicable;
(F) a space for an applicant applying on the
ground of age or disability to indicate if the application is an
application under Section 86.0015;
(G) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(H) a statement informing the applicant of the
condition prescribed by Section 81.005; and
(I) a statement informing the applicant of the
requirement prescribed by Section 86.003(c).
SECTION 4. Section 84.014, Election Code, is amended to
read as follows:
Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN
APPLICATIONS. (a) If an applicant provides a date of birth,
driver's license number, [or] social security number, or other
information required for registration under Title 2 on the
applicant's application for an early voting ballot to be voted by
mail that is different from or in addition to the information
maintained by the voter registrar in accordance with that title
[Title 2], the early voting clerk shall notify the voter
registrar. The voter registrar shall update the voter's record
with the information provided by the applicant.
(b) The submission of an application for an early voting
ballot to be voted by mail by an unregistered applicant that
complies with the applicable requirements and contains the
information required for registration under Title 2 constitutes
registration by the applicant.
SECTION 5. Section 86.001(e), Election Code, is amended to
read as follows:
(e) If the applicant does not have an effective voter
registration for the election, the clerk shall reject the
application unless:
(1) the clerk can determine from the voter registrar
that the applicant has submitted a voter registration application
and the registration will be effective on election day; or
(2) the application contains the information that is
required for registration under Title 2 and the registration will
be effective on election day.
SECTION 6. The changes in law made by this Act apply to an
application for a ballot to be voted by mail submitted for an
election ordered on or after the effective date of this Act. An
application for a ballot to be voted by mail submitted for an
election ordered before the effective date of this Act is governed
by the law in effect when the election was ordered, and the former
law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2019.