86R15082 JRJ-D
By: Schaefer H.B. No. 4331
A BILL TO BE ENTITLED
AN ACT
relating to the verification of citizenship of an applicant for
voter registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002(a), Election Code, is amended to
read as follows:
(a) A person desiring to register to vote must submit an
application to the registrar of the county in which the person
resides. Except as provided by Subsection (e), an application must
be submitted by personal delivery, by mail, or by telephonic
facsimile machine in accordance with Section 13.143(d-2) [Sections
13.143(d) and (d-2)].
SECTION 2. Section 13.046(f), Election Code, is amended to
read as follows:
(f) Except as provided by this subsection, Sections
13.039[, 13.041,] and 13.042 apply to the submission and delivery
of registration applications under this section, and for that
purpose, "volunteer deputy registrar" in those sections includes a
high school deputy registrar. A high school deputy registrar may
review an application for completeness out of the applicant's
presence. A deputy may deliver a group of applications to the
registrar by mail in an envelope or package, and, for the purpose of
determining compliance with the delivery deadline, an application
delivered by mail is considered to be delivered at the time of its
receipt by the registrar.
SECTION 3. Section 13.071, Election Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The registrar shall review each submitted application
for registration to determine whether it complies with Section
13.002 and indicates that the applicant is a United States citizen
eligible for registration.
(c) In making a determination under this section, the
registrar must compare the information on the application for
registration with information submitted to the secretary of state
by the Department of Public Safety under Section 18.068(a-1). If
information combinations identified as common to an applicant and
to an individual who may not be a citizen constitute a match, the
registrar shall verify the applicant's citizenship in the same
manner the registrar verifies a registered voter's citizenship
under Section 16.0332. The secretary of state shall adopt rules and
prescribe procedures to implement this subsection.
SECTION 4. Section 13.143(a), Election Code, is amended to
read as follows:
(a) Except as provided by Subsection [Subsections] (b) [and
(e)], if an applicant's registration application is approved, the
registration becomes effective on the 30th day after the date the
application is approved [submitted to the registrar] or on the date
the applicant becomes 18 years of age, whichever is later.
SECTION 5. Section 16.0332, Election Code, is amended to
read as follows:
Sec. 16.0332. CANCELLATION BECAUSE OF CITIZENSHIP STATUS.
(a) After the registrar receives notification [a list] under
Section 18.068 of this code or Section 62.113, Government Code, of
persons excused or disqualified from jury service because of
citizenship status or notification under Section 18.068 that a
person registered to vote in the county may not be a citizen, the
registrar shall deliver to each registered voter whose name appears
in the notification [on the list] a written notice requiring the
voter to submit to the registrar proof of United States citizenship
in the form of a certified copy of the voter's birth certificate,
United States passport, or certificate of naturalization or any
other form prescribed by the secretary of state.
(a-1) The notice shall be delivered by forwardable mail to
the mailing address on the voter's registration application and to
any new address of the voter known to the registrar.
(b) If a voter fails to submit to the registrar proof of
citizenship on or before the 30th day after the date the notice is
mailed, the registrar shall cancel the voter's registration.
(c) The registrar shall retain a copy of the notice mailed
to a voter under this section on file with the voter's registration
application. The registrar shall also retain any proof of
citizenship received under this section on file with the
application and send an electronic copy of the proof to the
secretary of state.
(d) The secretary of state shall adopt rules and prescribe
procedures to implement this section.
SECTION 6. Section 18.068, Election Code, is amended by
amending Subsections (b) and (d) and adding Subsection (a-1) to
read as follows:
(a-1) Once a month on a date specified by the secretary of
state, the Department of Public Safety shall in accordance with
Section 730.005(9), Transportation Code, provide to the secretary
of state available information as determined by the secretary of
state related to the citizenship of the applicant submitted on an
application for a driver's license or personal identification card
issued by the department. Periodically, the secretary of state
shall compare the information received to the statewide
computerized voter registration list. If the secretary determines
that a voter on the registration list may not be a citizen, the
secretary shall send notice of the determination to the voter
registrar of the counties considered appropriate by the secretary.
(b) The secretary of state shall by rule determine what
information combinations identified as common to a voter and to an
individual for whom the secretary of state has received information
under this section [who is deceased] constitute a weak match or a
strong match in order to:
(1) produce the least possible impact on Texas voters;
and
(2) fulfill its responsibility to manage the voter
rolls.
(d) On receiving notification from the secretary of state
under Subsection (c) that a weak match of identifying information
exists for a county voter and an individual who is deceased, or
notification under Subsection (a-1) that a match exists for a
county voter and an individual who may not be a citizen, the county
shall investigate whether the voter is the individual who is
deceased or whether the voter is a citizen, as applicable.
SECTION 7. Sections 13.041 and 13.143(d) and (e), Election
Code, are repealed.
SECTION 8. The changes in law made by this Act apply only to
an application to register to vote submitted on or after the
effective date of this Act.
SECTION 9. This Act takes effect September 1, 2019.