86R4250 ATP-D
By: Cain H.B. No. 4402
A BILL TO BE ENTITLED
AN ACT
relating to the cancellation of a person's voter registration on
notice that the person has acknowledged that the person is not a
citizen; providing a civil penalty; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.031(a), Election Code, is amended to
read as follows:
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section 13.072(b) or 15.021 or a
response under Section 15.053 that the voter's residence is outside
the county;
(2) an abstract of the voter's death certificate under
Section 16.001(a) or an abstract of an application indicating that
the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's
total mental incapacity, partial mental incapacity without the
right to vote, conviction of a felony, or disqualification under
Section 16.002, 16.003, or 16.004;
(4) notice under Section 112.012 that the voter has
applied for a limited ballot in another county;
(5) notice from a voter registration official in
another state that the voter has registered to vote outside this
state;
(6) notice from the early voting clerk under Section
101.053 that a federal postcard application submitted by an
applicant states a voting residence address located outside the
registrar's county; [or]
(7) notice from the secretary of state that the voter
has registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the Department of Public Safety or social security
number; or
(8) 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 that includes the voter,
or other notice from any governmental agency that the voter has
acknowledged that the voter is not a citizen of the United States.
SECTION 2. Section 16.036(a), Election Code, is amended to
read as follows:
(a) Immediately after, but not later than the 30th day after
the date a voter's registration is canceled under Section
16.031(a)(3) or (8), 16.033, or 16.0331, [or 16.0332,] the
registrar shall deliver written notice of the cancellation to the
voter.
SECTION 3. Chapter 16, Election Code, is amended by adding
Subchapter B-1 to read as follows:
SUBCHAPTER B-1. VOTER REGISTRAR WHO FAILS TO CANCEL REGISTRATION OF
NONCITIZEN
Sec. 16.051. CIVIL PENALTY. (a) A voter registrar who
intentionally violates Section 16.031(a)(8) is subject to a civil
penalty in an amount:
(1) not less than $1,000 and not more than $1,500 for
the first violation; and
(2) not less than $25,000 and not more than $25,500 for
each subsequent violation.
(b) Sovereign immunity of this state and governmental
immunity of a county and municipality to suit is waived and
abolished to the extent of liability created by this section.
Sec. 16.052. REMOVAL OF REGISTRAR. (a) For purposes of
Section 66.001, Civil Practice and Remedies Code, a voter registrar
holding a public office does an act that causes the forfeiture of
the person's office if the person violates Section 16.031(a)(8).
The attorney general shall file a petition under Section 66.002,
Civil Practice and Remedies Code, against the registrar if
presented with evidence, including evidence of a statement by the
registrar, establishing probable grounds that the registrar
engaged in conduct described by this subsection. The court in which
the petition is filed shall give precedence to proceedings relating
to the petition in the same manner as provided for the priority of
an election contest under Section 23.101, Government Code. If the
registrar is found guilty as charged, the court shall enter
judgment removing the registrar from office.
(b) The employment of a county elections administrator who
violates Section 16.031(a)(8) shall be terminated.
Sec. 16.053. CRIMINAL PENALTY. (a) A voter registrar
commits an offense if the registrar knowingly fails to comply with
Section 16.031(a)(8).
(b) An offense under this section is a Class A misdemeanor.
(c) It is an exception to the application of this section
that the person whose voter registration was required to be
canceled under Section 16.031(a)(3) had provided proof to the voter
registrar that the person is a citizen of the United States.
SECTION 4. Section 18.068(a), Election Code, is amended to
read as follows:
(a) The secretary of state shall quarterly compare the
information received under Section 16.001 of this code and Section
62.113, Government Code, to the statewide computerized voter
registration list. If the secretary determines that a voter on the
registration list is deceased or has been excused or disqualified
from jury service because the voter is not a citizen, the secretary
shall send notice of the determination to:
(1) the voter registrar of the counties considered
appropriate by the secretary; and
(2) the attorney general, who shall quarterly review
the information to investigate whether a person has committed an
offense under Section 13.007 or other law.
SECTION 5. Section 19.001(a), Election Code, is amended to
read as follows:
(a) Before May 15 of each year, the registrar shall prepare
and submit to the secretary of state a statement containing:
(1) the total number of initial registrations for the
previous voting year;
(2) the total number of registrations canceled under
Sections 16.031(a)(1) and (8) and Section [,] 16.033[, and 16.0332]
for the previous voting year; and
(3) the total number of registrations for which
information was updated for the previous voting year.
SECTION 6. Sections 62.113(b) and (c), Government Code, are
amended to read as follows:
(b) On the third business day of each month, the clerk shall
send a copy of the list of persons excused or disqualified because
of citizenship in the previous month to:
(1) the voter registrar of the county;
(2) the county official responsible for administering
elections;
(3) the secretary of state; and
(4) [(3)] the county or district attorney, as
applicable, or attorney general for an investigation of whether the
person committed an offense under Section 13.007 or 64.012,
Election Code, or other law.
(c) A list compiled under this section may not be used for a
purpose other than a purpose described by Subsection (b) or Section
16.031(a)(8) [16.0332] or 18.068, Election Code.
SECTION 7. Section 16.0332, Election Code, is repealed.
SECTION 8. This Act takes effect September 1, 2019.