| 1 | 1 | | 86R11981 SRS-D |
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| 2 | 2 | | By: Cain H.B. No. 4403 |
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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 election integrity. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 11, Election Code, is amended by adding |
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| 10 | 10 | | Section 11.0021 to read as follows: |
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| 11 | 11 | | Sec. 11.0021. MEASURES TO PREVENT NONCITIZEN VOTER |
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| 12 | 12 | | REGISTRATION AND VOTING. Notwithstanding any other law, to ensure |
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| 13 | 13 | | a person who is not a citizen of the United States may not register |
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| 14 | 14 | | to vote or vote: |
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| 15 | 15 | | (1) at least twice each year, the secretary of state |
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| 16 | 16 | | shall use the United States Department of Homeland Security |
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| 17 | 17 | | database of noncitizens living in Texas to identify noncitizens |
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| 18 | 18 | | whose voter registrations should be canceled and shall take all |
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| 19 | 19 | | appropriate actions; |
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| 20 | 20 | | (2) the Department of Public Safety shall forward to |
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| 21 | 21 | | the secretary of state the file of a person who applies for a Texas |
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| 22 | 22 | | driver's license or identification card and provides on the |
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| 23 | 23 | | application form that the person is not a citizen of the United |
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| 24 | 24 | | States; and |
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| 25 | 25 | | (3) the secretary of state may audit a county's voter |
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| 26 | 26 | | registration list to ensure a county complies with: |
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| 27 | 27 | | (A) state law; and |
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| 28 | 28 | | (B) the secretary of state's directives, |
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| 29 | 29 | | including a requested deletion from a county's voter registration |
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| 30 | 30 | | list. |
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| 31 | 31 | | SECTION 2. Sections 19.002(b) and (d), Election Code, are |
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| 32 | 32 | | amended to read as follows: |
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| 33 | 33 | | (b) After June 1 of each year, the secretary of state shall |
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| 34 | 34 | | make payments pursuant to vouchers submitted by the registrar and |
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| 35 | 35 | | approved by the secretary of state in amounts determined by the |
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| 36 | 36 | | secretary of state based on the registrar's compliance with this |
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| 37 | 37 | | code and the secretary of state's directives [that in the aggregate |
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| 38 | 38 | | do not exceed the registrar's entitlement]. The secretary of state |
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| 39 | 39 | | shall prescribe the procedures necessary to implement this |
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| 40 | 40 | | subsection. |
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| 41 | 41 | | (d) The secretary of state may not make a payment under |
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| 42 | 42 | | Subsection (b) if on June 1 of the year in which the payment is to be |
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| 43 | 43 | | made the registrar is not in substantial compliance with this code |
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| 44 | 44 | | or the secretary of state's directives [Section 15.083, 16.031, |
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| 45 | 45 | | 16.032, or 18.065 or with rules implementing the registration |
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| 46 | 46 | | service program]. |
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| 47 | 47 | | SECTION 3. Subchapter F, Chapter 32, Election Code, is |
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| 48 | 48 | | amended by adding Section 32.116 to read as follows: |
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| 49 | 49 | | Sec. 32.116. ELECTION JUDGE TRAINING. (a) The secretary of |
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| 50 | 50 | | state shall create an examination of election law and procedures |
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| 51 | 51 | | that a person must pass before serving as an election judge during |
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| 52 | 52 | | early voting by personal appearance or on election day. A county |
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| 53 | 53 | | must maintain an election judge's completed examination for at |
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| 54 | 54 | | least 24 months after the date of the election for which the person |
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| 55 | 55 | | served as an election judge as evidence of the election judge's |
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| 56 | 56 | | understanding of election law and procedures. |
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| 57 | 57 | | (b) The secretary of state shall prescribe any necessary |
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| 58 | 58 | | rules and take any appropriate action to implement this section. |
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| 59 | 59 | | SECTION 4. Section 63.0013, Election Code, is amended by |
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| 60 | 60 | | adding Subsection (c) to read as follows: |
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| 61 | 61 | | (c) The secretary of state shall investigate a voter who |
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| 62 | 62 | | executed a declaration of reasonable impediment under Section |
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| 63 | 63 | | 63.001(i) with the Department of Public Safety's identification |
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| 64 | 64 | | database to determine whether the voter has been issued a Texas |
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| 65 | 65 | | driver's license or an identification card by the Department of |
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| 66 | 66 | | Public Safety. For each match: |
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| 67 | 67 | | (1) the attorney general shall as appropriate |
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| 68 | 68 | | prosecute the voter under this section or Chapter 37, Penal Code; |
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| 69 | 69 | | (2) the secretary of state shall make a notation on the |
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| 70 | 70 | | statewide computerized voter registration list, and notify the |
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| 71 | 71 | | appropriate county election officials, that the voter has, and to |
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| 72 | 72 | | vote must use, an identification prescribed by Section 63.0101(a); |
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| 73 | 73 | | and |
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| 74 | 74 | | (3) the attorney general shall report findings of the |
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| 75 | 75 | | investigation under this section to the federal Fifth Circuit Court |
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| 76 | 76 | | of Appeals. |
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| 77 | 77 | | SECTION 5. Sections 19.002(a) and 19.0025, Election Code, |
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| 78 | 78 | | are repealed. |
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| 79 | 79 | | SECTION 6. This Act takes effect September 1, 2019. |
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