Texas 2019 - 86th Regular

Texas House Bill HB3686 Compare Versions

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

Old	New	Differences
1	1	86R10681 ATP-D
2	2	By: Middleton H.B. No. 3686
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the duties of the secretary of state relating to voter
8	8	registration.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.001, Election Code, is amended to
11	11	read as follows:
12	12	Sec. 12.001. DESIGNATION OF SECRETARY OF STATE AS VOTER
13	13	REGISTRAR. (a) The secretary of state is the voter registrar of
14	14	every county for the purpose of the registration of voters and
15	15	maintenance of the list of registered voters. The voter registrar
16	16	designated under Subsection (b) is the voter registrar for all
17	17	other purposes.
18	18	(b) Except as provided by Subsection (a), the [The] county
19	19	tax assessor-collector is the voter registrar for the county unless
20	20	the position of county elections administrator is created or the
21	21	county clerk is designated as the voter registrar.
22	22	(c) A reference in this code to the voter registrar, as
23	23	related to voter registration duties, means the secretary of state.
24	24	(d) The secretary of state may adopt rules for the
25	25	transition of the voter registration duties of the voter registrars
26	26	under this code to the secretary of state.
27	27	SECTION 2. Section 13.071, Election Code, is amended to
28	28	read as follows:
29	29	Sec. 13.071. REVIEW OF APPLICATION. (a) The secretary of
30	30	state [registrar] shall review each submitted application for
31	31	registration to determine whether it complies with Section 13.002
32	32	and indicates that the applicant is eligible for registration.
33	33	(b) The secretary of state [registrar] shall make the
34	34	determination not later than the seventh day after the date the
35	35	application is submitted to the secretary of state [registrar].
36	36	SECTION 3. Sections 13.072(a), (b), and (c), Election Code,
37	37	are amended to read as follows:
38	38	(a) The secretary of state [Unless the registrar challenges
39	39	the applicant, the registrar] shall approve the application if:
40	40	(1) the secretary of state [registrar] determines that
41	41	an application complies with Section 13.002 and indicates that the
42	42	applicant is eligible for registration; and
43	43	(2) for an applicant who has not included a statement
44	44	described by Section 13.002(c)(8)(C), the [registrar verifies with
45	45	the] secretary of state verifies:
46	46	(A) the applicant's Texas driver's license number
47	47	or number of a personal identification card issued by the
48	48	Department of Public Safety; or
49	49	(B) the last four digits of the applicant's
50	50	social security number.
51	51	(b) After approval of an application by an applicant who was
52	52	registered in another county at the time of application, the
53	53	secretary of state [registrar] shall update the statewide voter
54	54	registration list to reflect [deliver written notice of the
55	55	applicant's change of residence to the other county's registrar and
56	56	include in the notice] the applicant's change in county of [name,
57	57	former] residence [address, and former registration number, if
58	58	known].
59	59	(c) If [Except as provided by Subsection (d), if] the
60	60	secretary of state [registrar] determines that an application does
61	61	not comply with Section 13.002 or does not indicate that the
62	62	applicant is eligible for registration, the secretary of state
63	63	[registrar] shall reject the application.
64	64	SECTION 4. Subchapter C, Chapter 13, Election Code, is
65	65	amended by adding Section 13.0721 to read as follows:
66	66	Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This
67	67	section does not apply to an application for registration submitted
68	68	to the Department of Public Safety in person with the proof of
69	69	citizenship required by Section 20.063(e).
70	70	(b) The secretary of state shall verify with the Department
71	71	of Public Safety the citizenship status of each applicant for voter
72	72	registration. If the department verifies the applicant's
73	73	citizenship status, the secretary of state may approve the
74	74	applicant's application. If the department does not have
75	75	information regarding the citizenship status of the applicant or
76	76	has information indicating that the applicant is not a citizen, the
77	77	applicant shall be notified as provided by secretary of state rule.
78	78	(c) An applicant for voter registration who receives notice
79	79	under Subsection (b) must provide proof of citizenship to the
80	80	secretary of state not later than the 60th day after the date of
81	81	receipt. Except as provided by Subsection (d), this proof must be
82	82	presented in person. The following is acceptable as proof of
83	83	citizenship under this section:
84	84	(1) an unexpired passport issued to the person;
85	85	(2) a certified copy of a birth certificate or other
86	86	document confirming the person's birth that is admissible in a
87	87	court of law and establishes the person's identity, presented with
88	88	a government-issued identification that contains the person's
89	89	photograph; or
90	90	(3) United States citizenship papers issued to the
91	91	person, presented with a government-issued identification that
92	92	contains the person's photograph.
93	93	(d) An applicant may mail a certified copy of a document
94	94	described by Subsection (c)(2) or (3) with a copy of the person's
95	95	government-issued photo identification to the registrar.
96	96	(e) If an applicant does not provide proof of citizenship as
97	97	required, the secretary of state shall reject the application.
98	98	(f) The secretary of state shall adopt rules and prescribe
99	99	procedures to implement this section.
100	100	SECTION 5. Section 13.143(a), Election Code, is amended to
101	101	read as follows:
102	102	(a) Except as provided by Subsection [Subsections] (b) [and
103	103	(e)], if an applicant's registration application is approved, the
104	104	registration becomes effective on the 30th day after the date the
105	105	application is approved [submitted to the registrar] or on the date
106	106	the applicant becomes 18 years of age, whichever is later.
107	107	SECTION 6. Sections 18.043(a) and (c), Election Code, are
108	108	amended to read as follows:
109	109	(a) The [At the times prescribed by the] secretary of
110	110	state[, the registrar] shall produce [deliver to the secretary] a
111	111	statement containing the voter registration information determined
112	112	[by the secretary] to be necessary to comply with reporting
113	113	requirements prescribed under federal law.
114	114	(c) The secretary of state [registrar] shall maintain the
115	115	information required for the statements in accordance with
116	116	procedures prescribed by this section [the secretary of state].
117	117	SECTION 7. Section 18.066(b), Election Code, is amended to
118	118	read as follows:
119	119	(b) Information furnished under this section may not
120	120	include:
121	121	(1) a voter's social security number; or
122	122	(2) the residence address of a voter who is a federal
123	123	judge or state judge, as defined by Section 13.0021, or the spouse
124	124	of a federal judge or state judge, if the voter included an
125	125	affidavit with the voter's registration application under Section
126	126	13.0021 or the [applicable] registrar has received an affidavit
127	127	submitted under Section 15.0215.
128	128	SECTION 8. Section 18.068, Election Code, is amended to
129	129	read as follows:
130	130	Sec. 18.068. COMPARISON OF INFORMATION REGARDING
131	131	INELIGIBILITY. (a) The secretary of state shall quarterly compare
132	132	the information received under Subchapter A, Chapter 16, and
133	133	Section 18.062 [Section 16.001] of this code and Section 62.113,
134	134	Government Code, to the statewide computerized voter registration
135	135	list.
136	136	(a-1) If the secretary determines from information received
137	137	under Subsection (a) that a voter on the registration list may be
138	138	ineligible to vote [is deceased or has been excused or disqualified
139	139	from jury service because the voter is not a citizen], the secretary
140	140	shall determine under this section whether the voter is ineligible
141	141	to vote [send notice of the determination to the voter registrar of
142	142	the counties considered appropriate by the secretary].
143	143	(b) The secretary of state shall by rule determine what
144	144	information combinations identified as common to a voter and to an
145	145	individual who is deceased or ineligible to vote constitute a weak
146	146	match or a strong match in order to:
147	147	(1) produce the least possible impact on Texas voters;
148	148	and
149	149	(2) fulfill its responsibility to manage the voter
150	150	rolls.
151	151	(c) The secretary of state may not determine that a voter is
152	152	deceased or ineligible to vote based on a weak match. The secretary
153	153	of state may inform the county of the voter's residence that a weak
154	154	match exists.
155	155	(d) On determining [receiving notification from the
156	156	secretary of state under Subsection (c)] that a weak match of
157	157	identifying information exists for a [county] voter and an
158	158	individual who is deceased or ineligible to vote, the secretary of
159	159	state [county] shall investigate whether the voter is that [the]
160	160	individual [who is deceased].
161	161	(e) The secretary of state may determine that a voter is
162	162	deceased or ineligible to vote based on a strong match.
163	163	(f) The secretary of state may obtain, for purposes of
164	164	determining whether a voter is deceased or ineligible to vote,
165	165	information from other state agency databases relating to a voter
166	166	that is the same type of information that the secretary of state or
167	167	a voter registrar collects or stores for voter registration
168	168	purposes.
169	169	(g) The secretary of state shall conduct a review under this
170	170	section of every voter whose voter registration is effective on
171	171	September 1, 2019. This subsection expires January 1, 2021.
172	172	SECTION 9. Section 20.008, Election Code, is amended to
173	173	read as follows:
174	174	Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE [OR
175	175	REGISTRAR]. If a question arises concerning voter registration
176	176	that an agency employee cannot answer, the employee shall provide
177	177	the person[:
178	178	[(1)] the toll-free telephone number of the Elections
179	179	Division of the Office of the Secretary of State[; and
180	180	[(2) the telephone number of the voter registrar to
181	181	whom registration applications are submitted].
182	182	SECTION 10. Sections 20.033, 20.034, and 20.035, Election
183	183	Code, are amended to read as follows:
184	184	Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO
185	185	EMPLOYEE. The date of submission of a completed registration
186	186	application to the agency employee is considered to be the date of
187	187	submission to the secretary of state [voter registrar] for the
188	188	purpose of determining the effective date of registration only.
189	189	Sec. 20.034. SUBMISSION TO SECRETARY OF STATE [REGISTRAR]
190	190	BY APPLICANT. (a) The applicant may keep the registration
191	191	application form or the completed application to submit the
192	192	application personally to the secretary of state [voter registrar].
193	193	(b) The agency employee shall enter on the declination of
194	194	registration form a notation that after being given the opportunity
195	195	to register, the applicant kept the application or application form
196	196	for personal submission of the application to the secretary of
197	197	state [registrar].
198	198	Sec. 20.035. DELIVERY OF APPLICATIONS TO SECRETARY OF STATE
199	199	[REGISTRAR]. (a) The agency shall deliver to the secretary of
200	200	state [voter registrar of the county in which the agency office is
201	201	located] each completed registration application submitted to an
202	202	agency employee.
203	203	(b) An application shall be delivered to the secretary of
204	204	state [registrar] not later than the fifth day after the date the
205	205	application is submitted to the employee.
206	206	SECTION 11. Section 20.037(c), Election Code, is amended to
207	207	read as follows:
208	208	(c) An application form delivered by mail must be
209	209	accompanied by a notice informing the applicant that the
210	210	application may be submitted in person or by mail to the secretary
211	211	of state [voter registrar of the county in which the applicant
212	212	resides or in person to a volunteer deputy registrar for delivery to
213	213	the voter registrar of the county in which the applicant resides].
214	214	SECTION 12. Section 20.063, Election Code, is amended by
215	215	adding Subsection (e) to read as follows:
216	216	(e) A person who submits a voter registration application to
217	217	the department in person shall at the time of submission present as
218	218	proof of citizenship:
219	219	(1) an unexpired passport issued to the person;
220	220	(2) a certified copy of a birth certificate or other
221	221	document confirming the person's birth that is admissible in a
222	222	court of law and establishes the person's identity; or
223	223	(3) United States citizenship papers issued to the
224	224	person.
225	225	SECTION 13. Section 20.122(c), Election Code, is amended to
226	226	read as follows:
227	227	(c) The application forms must be accompanied by a notice
228	228	informing the licensees that the applications may be submitted in
229	229	person or by mail to the secretary of state [voter registrar of the
230	230	county in which they reside or in person to a volunteer deputy
231	231	registrar for delivery to the voter registrar of the county in which
232	232	they reside].
233	233	SECTION 14. Section 112.012, Election Code, is amended to
234	234	read as follows:
235	235	Sec. 112.012. NOTIFICATION TO SECRETARY OF STATE [VOTER
236	236	REGISTRAR]. Not later than the 30th day after receipt of an
237	237	application for a limited ballot, the early voting clerk shall
238	238	notify the secretary of state [voter registrar for the voter's
239	239	former county of residence] that the voter has applied for a limited
240	240	ballot.
241	241	SECTION 15. The following provisions of the Election Code
242	242	are repealed:
243	243	(1) Section 12.005;
244	244	(2) Section 12.006;
245	245	(3) Subchapter B, Chapter 13;
246	246	(4) Section 13.072(d);
247	247	(5) Section 13.121(c);
248	248	(6) Sections 13.143(d), (d-1), (d-2), and (e);
249	249	(7) Section 15.083;
250	250	(8) Section 18.012;
251	251	(9) Section 18.061(c);
252	252	(10) Section 18.064;
253	253	(11) Section 18.065; and
254	254	(12) Sections 20.065(a) and (c).
255	255	SECTION 16. This Act takes effect September 1, 2019.