1 | 1 | | 86R15082 JRJ-D |
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2 | 2 | | By: Schaefer H.B. No. 4331 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the verification of citizenship of an applicant for |
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8 | 8 | | voter registration. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 13.002(a), Election Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | (a) A person desiring to register to vote must submit an |
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13 | 13 | | application to the registrar of the county in which the person |
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14 | 14 | | resides. Except as provided by Subsection (e), an application must |
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15 | 15 | | be submitted by personal delivery, by mail, or by telephonic |
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16 | 16 | | facsimile machine in accordance with Section 13.143(d-2) [Sections |
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17 | 17 | | 13.143(d) and (d-2)]. |
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18 | 18 | | SECTION 2. Section 13.046(f), Election Code, is amended to |
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19 | 19 | | read as follows: |
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20 | 20 | | (f) Except as provided by this subsection, Sections |
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21 | 21 | | 13.039[, 13.041,] and 13.042 apply to the submission and delivery |
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22 | 22 | | of registration applications under this section, and for that |
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23 | 23 | | purpose, "volunteer deputy registrar" in those sections includes a |
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24 | 24 | | high school deputy registrar. A high school deputy registrar may |
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25 | 25 | | review an application for completeness out of the applicant's |
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26 | 26 | | presence. A deputy may deliver a group of applications to the |
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27 | 27 | | registrar by mail in an envelope or package, and, for the purpose of |
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28 | 28 | | determining compliance with the delivery deadline, an application |
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29 | 29 | | delivered by mail is considered to be delivered at the time of its |
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30 | 30 | | receipt by the registrar. |
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31 | 31 | | SECTION 3. Section 13.071, Election Code, is amended by |
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32 | 32 | | amending Subsection (a) and adding Subsection (c) to read as |
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33 | 33 | | follows: |
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34 | 34 | | (a) The registrar shall review each submitted application |
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35 | 35 | | for registration to determine whether it complies with Section |
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36 | 36 | | 13.002 and indicates that the applicant is a United States citizen |
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37 | 37 | | eligible for registration. |
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38 | 38 | | (c) In making a determination under this section, the |
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39 | 39 | | registrar must compare the information on the application for |
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40 | 40 | | registration with information submitted to the secretary of state |
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41 | 41 | | by the Department of Public Safety under Section 18.068(a-1). If |
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42 | 42 | | information combinations identified as common to an applicant and |
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43 | 43 | | to an individual who may not be a citizen constitute a match, the |
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44 | 44 | | registrar shall verify the applicant's citizenship in the same |
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45 | 45 | | manner the registrar verifies a registered voter's citizenship |
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46 | 46 | | under Section 16.0332. The secretary of state shall adopt rules and |
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47 | 47 | | prescribe procedures to implement this subsection. |
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48 | 48 | | SECTION 4. Section 13.143(a), Election Code, is amended to |
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49 | 49 | | read as follows: |
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50 | 50 | | (a) Except as provided by Subsection [Subsections] (b) [and |
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51 | 51 | | (e)], if an applicant's registration application is approved, the |
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52 | 52 | | registration becomes effective on the 30th day after the date the |
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53 | 53 | | application is approved [submitted to the registrar] or on the date |
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54 | 54 | | the applicant becomes 18 years of age, whichever is later. |
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55 | 55 | | SECTION 5. Section 16.0332, Election Code, is amended to |
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56 | 56 | | read as follows: |
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57 | 57 | | Sec. 16.0332. CANCELLATION BECAUSE OF CITIZENSHIP STATUS. |
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58 | 58 | | (a) After the registrar receives notification [a list] under |
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59 | 59 | | Section 18.068 of this code or Section 62.113, Government Code, of |
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60 | 60 | | persons excused or disqualified from jury service because of |
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61 | 61 | | citizenship status or notification under Section 18.068 that a |
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62 | 62 | | person registered to vote in the county may not be a citizen, the |
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63 | 63 | | registrar shall deliver to each registered voter whose name appears |
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64 | 64 | | in the notification [on the list] a written notice requiring the |
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65 | 65 | | voter to submit to the registrar proof of United States citizenship |
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66 | 66 | | in the form of a certified copy of the voter's birth certificate, |
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67 | 67 | | United States passport, or certificate of naturalization or any |
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68 | 68 | | other form prescribed by the secretary of state. |
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69 | 69 | | (a-1) The notice shall be delivered by forwardable mail to |
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70 | 70 | | the mailing address on the voter's registration application and to |
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71 | 71 | | any new address of the voter known to the registrar. |
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72 | 72 | | (b) If a voter fails to submit to the registrar proof of |
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73 | 73 | | citizenship on or before the 30th day after the date the notice is |
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74 | 74 | | mailed, the registrar shall cancel the voter's registration. |
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75 | 75 | | (c) The registrar shall retain a copy of the notice mailed |
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76 | 76 | | to a voter under this section on file with the voter's registration |
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77 | 77 | | application. The registrar shall also retain any proof of |
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78 | 78 | | citizenship received under this section on file with the |
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79 | 79 | | application and send an electronic copy of the proof to the |
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80 | 80 | | secretary of state. |
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81 | 81 | | (d) The secretary of state shall adopt rules and prescribe |
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82 | 82 | | procedures to implement this section. |
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83 | 83 | | SECTION 6. Section 18.068, Election Code, is amended by |
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84 | 84 | | amending Subsections (b) and (d) and adding Subsection (a-1) to |
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85 | 85 | | read as follows: |
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86 | 86 | | (a-1) Once a month on a date specified by the secretary of |
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87 | 87 | | state, the Department of Public Safety shall in accordance with |
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88 | 88 | | Section 730.005(9), Transportation Code, provide to the secretary |
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89 | 89 | | of state available information as determined by the secretary of |
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90 | 90 | | state related to the citizenship of the applicant submitted on an |
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91 | 91 | | application for a driver's license or personal identification card |
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92 | 92 | | issued by the department. Periodically, the secretary of state |
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93 | 93 | | shall compare the information received to the statewide |
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94 | 94 | | computerized voter registration list. If the secretary determines |
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95 | 95 | | that a voter on the registration list may not be a citizen, the |
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96 | 96 | | secretary shall send notice of the determination to the voter |
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97 | 97 | | registrar of the counties considered appropriate by the secretary. |
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98 | 98 | | (b) The secretary of state shall by rule determine what |
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99 | 99 | | information combinations identified as common to a voter and to an |
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100 | 100 | | individual for whom the secretary of state has received information |
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101 | 101 | | under this section [who is deceased] constitute a weak match or a |
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102 | 102 | | strong match in order to: |
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103 | 103 | | (1) produce the least possible impact on Texas voters; |
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104 | 104 | | and |
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105 | 105 | | (2) fulfill its responsibility to manage the voter |
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106 | 106 | | rolls. |
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107 | 107 | | (d) On receiving notification from the secretary of state |
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108 | 108 | | under Subsection (c) that a weak match of identifying information |
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109 | 109 | | exists for a county voter and an individual who is deceased, or |
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110 | 110 | | notification under Subsection (a-1) that a match exists for a |
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111 | 111 | | county voter and an individual who may not be a citizen, the county |
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112 | 112 | | shall investigate whether the voter is the individual who is |
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113 | 113 | | deceased or whether the voter is a citizen, as applicable. |
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114 | 114 | | SECTION 7. Sections 13.041 and 13.143(d) and (e), Election |
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115 | 115 | | Code, are repealed. |
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116 | 116 | | SECTION 8. The changes in law made by this Act apply only to |
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117 | 117 | | an application to register to vote submitted on or after the |
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118 | 118 | | effective date of this Act. |
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119 | 119 | | SECTION 9. This Act takes effect September 1, 2019. |
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