1 | 1 | | 86R3244 JRJ-D |
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2 | 2 | | By: E. Johnson of Dallas H.B. No. 79 |
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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 voter registration procedures. |
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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. Sections 13.002(a) and (b), Election Code, are |
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10 | 10 | | amended to read as follows: |
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11 | 11 | | (a) A person desiring to register to vote must submit an |
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12 | 12 | | application to the registrar of the county in which the person |
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13 | 13 | | resides. Except as provided by Subsection (e), an application must |
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14 | 14 | | be submitted by personal delivery, by mail, electronically through |
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15 | 15 | | the official Internet website of this state in accordance with |
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16 | 16 | | Section 13.009, or by telephonic facsimile machine in accordance |
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17 | 17 | | with Sections 13.143(d) and (d-2). |
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18 | 18 | | (b) Except as provided by Section 13.009, a [A] registration |
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19 | 19 | | application must be in writing and signed by the applicant. |
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20 | 20 | | SECTION 2. Subchapter A, Chapter 13, Election Code, is |
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21 | 21 | | amended by adding Sections 13.009 and 13.010 to read as follows: |
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22 | 22 | | Sec. 13.009. ELECTRONIC VOTER REGISTRATION. (a) In this |
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23 | 23 | | section, "digital signature" means an electronic identifier |
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24 | 24 | | intended by the person using it to have the same force and effect as |
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25 | 25 | | the use of a manual signature. |
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26 | 26 | | (b) An electronically transmitted application for voter |
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27 | 27 | | registration issued or received by a registrar is considered signed |
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28 | 28 | | if a digital signature is transmitted with the document. |
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29 | 29 | | (c) The secretary of state shall implement a program to |
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30 | 30 | | allow a person to complete and submit a voter registration |
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31 | 31 | | application electronically through the official Internet website |
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32 | 32 | | of this state. The Internet websites of the secretary of state and |
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33 | 33 | | the Department of Public Safety must also provide a link to the |
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34 | 34 | | location of the application on the official Internet website of |
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35 | 35 | | this state. |
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36 | 36 | | (d) An applicant for electronic voter registration must: |
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37 | 37 | | (1) attest to the truth of the information provided on |
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38 | 38 | | the application by affirmatively accepting the information as true; |
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39 | 39 | | and |
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40 | 40 | | (2) submit a digital signature. |
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41 | 41 | | (e) An electronically transmitted application for voter |
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42 | 42 | | registration submitted under this section is considered for all |
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43 | 43 | | purposes an application submitted by mail under this title. |
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44 | 44 | | (f) An electronically transmitted application for voter |
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45 | 45 | | registration is a written document for all purposes and exempt from |
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46 | 46 | | any additional writing requirement under this code. |
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47 | 47 | | (g) The use of a digital signature under this section is |
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48 | 48 | | subject to criminal laws pertaining to fraud and computer crimes, |
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49 | 49 | | including Chapters 32 and 33, Penal Code. |
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50 | 50 | | (h) The secretary of state shall adopt rules as necessary to |
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51 | 51 | | implement this section, including rules to provide for additional |
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52 | 52 | | security measures necessary to ensure the accuracy and integrity of |
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53 | 53 | | applications for voter registration submitted electronically. |
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54 | 54 | | Sec. 13.010. VOTER REGISTRATION THROUGH DEPARTMENT OF |
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55 | 55 | | PUBLIC SAFETY. (a) The voter registrar of each county shall |
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56 | 56 | | automatically register any county resident who is eligible to vote |
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57 | 57 | | as provided by Section 13.001 and: |
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58 | 58 | | (1) is issued a Texas driver's license or a personal |
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59 | 59 | | identification card by the Department of Public Safety; or |
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60 | 60 | | (2) makes a change to a Texas driver's license or |
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61 | 61 | | personal identification card issued by the Department of Public |
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62 | 62 | | Safety. |
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63 | 63 | | (b) A driver's license or personal identification card |
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64 | 64 | | transaction with an indication provided by Section 20.062(b) or |
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65 | 65 | | 20.063(c) that the transaction is not for voter registration |
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66 | 66 | | purposes is not subject to this section. |
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67 | 67 | | SECTION 3. Section 20.061, Election Code, is amended to |
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68 | 68 | | read as follows: |
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69 | 69 | | Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other |
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70 | 70 | | provisions of this chapter apply to the Department of Public Safety |
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71 | 71 | | except provisions that conflict with this subchapter or Section |
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72 | 72 | | 13.010. |
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73 | 73 | | SECTION 4. Section 20.062(b), Election Code, is amended to |
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74 | 74 | | read as follows: |
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75 | 75 | | (b) The department shall prescribe and use a change of |
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76 | 76 | | address form and procedure that combines department and voter |
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77 | 77 | | registration functions. The form must allow a licensee or |
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78 | 78 | | cardholder to indicate that [whether] the change of address is not |
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79 | 79 | | [also to be used] for voter registration purposes. |
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80 | 80 | | SECTION 5. Section 20.063, Election Code, is amended to |
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81 | 81 | | read as follows: |
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82 | 82 | | Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department |
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83 | 83 | | of Public Safety shall consider an application made in person, by |
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84 | 84 | | mail, or online at the department's Internet website [provide to |
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85 | 85 | | each person who applies in person at the department's offices] for |
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86 | 86 | | an original or renewal of a driver's license, a personal |
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87 | 87 | | identification card, or a duplicate or corrected license or card by |
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88 | 88 | | a person who is eligible to vote as provided by Section 13.001 an |
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89 | 89 | | application for [opportunity to complete a] voter registration. |
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90 | 90 | | The date of application is considered to be the date of submission |
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91 | 91 | | to the voter registrar for the purpose of determining the effective |
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92 | 92 | | date of registration [application form]. |
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93 | 93 | | (b) The Department of Public Safety shall consider a change |
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94 | 94 | | of address that relates to [When the department processes] a |
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95 | 95 | | license or card and that is submitted to [for renewal by mail,] the |
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96 | 96 | | department [shall deliver to the applicant by mail a voter |
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97 | 97 | | registration application form. |
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98 | 98 | | [(c) A change of address that relates to a license or card |
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99 | 99 | | and that is submitted to the department] in person, [or] by mail, or |
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100 | 100 | | online at the department's Internet website [serves] as a change in |
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101 | 101 | | [of address for] voter registration [unless the licensee or |
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102 | 102 | | cardholder indicates that the change is not for voter registration |
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103 | 103 | | purposes]. The date of submission of a change of address to a |
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104 | 104 | | department employee is considered to be the date of submission to |
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105 | 105 | | the voter registrar for the purpose of determining the effective |
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106 | 106 | | date of registration [only]. |
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107 | 107 | | (c) The registration of an eligible [(d) If a completed] |
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108 | 108 | | voter as required by Subsections (a) and (b) is automatic unless the |
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109 | 109 | | person indicates that the transaction is not for voter |
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110 | 110 | | registration purposes [application submitted to a department |
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111 | 111 | | employee does not include the applicant's correct driver's license |
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112 | 112 | | number or personal identification card number, a department |
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113 | 113 | | employee shall enter the appropriate information on the |
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114 | 114 | | application. If a completed application does not include the |
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115 | 115 | | applicant's correct residence address or mailing address, a |
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116 | 116 | | department employee shall obtain the appropriate information from |
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117 | 117 | | the applicant and enter the information on the application]. |
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118 | 118 | | SECTION 6. Section 20.065(b), Election Code, is amended to |
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119 | 119 | | read as follows: |
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120 | 120 | | (b) Each weekday the department is regularly open for |
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121 | 121 | | business, the department shall electronically transfer to the |
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122 | 122 | | secretary of state the name and information designated by the |
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123 | 123 | | secretary of state for [of each person who completes a] voter |
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124 | 124 | | registration for each individual who is eligible to vote as |
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125 | 125 | | provided by Section 13.001 and applies in person, by mail, or online |
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126 | 126 | | at the department's Internet website for an original or renewal of a |
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127 | 127 | | driver's license, a personal identification card, or a duplicate or |
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128 | 128 | | corrected license or card [application submitted to the |
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129 | 129 | | department]. The secretary shall prescribe procedures necessary to |
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130 | 130 | | implement this subsection. |
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131 | 131 | | SECTION 7. This Act takes effect September 1, 2019. |
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