Texas 2019 - 86th Regular

Texas House Bill HB824 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R2304 JRJ-D
2	2	By: Reynolds H.B. No. 824
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements to vote, including presenting proof of
8	8	identification.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 15.022(a), Election Code, is amended to
11	11	read as follows:
12	12	(a) The registrar shall make the appropriate corrections in
13	13	the registration records, including, if necessary, deleting a
14	14	voter's name from the suspense list:
15	15	(1) after receipt of a notice of a change in
16	16	registration information under Section 15.021;
17	17	(2) after receipt of a voter's reply to a notice of
18	18	investigation given under Section 16.033;
19	19	(3) after receipt of any affidavits executed under
20	20	Section 63.007 [63.006], following an election;
21	21	(4) after receipt of a voter's statement of residence
22	22	executed under Section 63.0011;
23	23	(5) before the effective date of the abolishment of a
24	24	county election precinct or a change in its boundary;
25	25	(6) after receipt of United States Postal Service
26	26	information indicating an address reclassification;
27	27	(7) after receipt of a voter's response under Section
28	28	15.053; or
29	29	(8) after receipt of a registration application or
30	30	change of address under Chapter 20.
31	31	SECTION 2. Sections 31.012(a), (b), and (b-1), Election
32	32	Code, as effective September 1, 2020, are amended to read as
33	33	follows:
34	34	(a) The secretary of state and the voter registrar of each
35	35	county that maintains a website shall provide notice [of the
36	36	identification requirements for voting prescribed by Chapter 63
37	37	and] that straight ticket voting has been eliminated pursuant to
38	38	H.B. 25, Acts of the 85th Legislature, Regular Session, 2017 on each
39	39	entity's respective website in each language in which voter
40	40	registration and election materials are available. The secretary
41	41	of state shall prescribe the wording of the notice to be included on
42	42	the websites.
43	43	(b) [The secretary of state shall conduct a statewide effort
44	44	to educate voters regarding the identification requirements for
45	45	voting prescribed by Chapter 63.
46	46	[(b-1)] As soon as practicable after September 1, 2020, the
47	47	secretary of state shall distribute electronically to each county
48	48	election administrator and the county chair of each political party
49	49	notice that straight ticket voting has been eliminated pursuant to
50	50	H.B. 25, Acts of the 85th Legislature, Regular Session, 2017.
51	51	SECTION 3. Section 32.114(a), Election Code, is amended to
52	52	read as follows:
53	53	(a) The county clerk shall provide one or more sessions of
54	54	training using the standardized training program and materials
55	55	developed and provided by the secretary of state under Section
56	56	32.111 for the election judges and clerks appointed to serve in
57	57	elections ordered by the governor or a county authority. Each
58	58	election judge shall complete the training program. [Each election
59	59	clerk shall complete the part of the training program relating to
60	60	the acceptance and handling of the identification presented by a
61	61	voter to an election officer under Section 63.001.]
62	62	SECTION 4. Sections 63.001(b), (c), (d), (e), and (f),
63	63	Election Code, are amended to read as follows:
64	64	(b) On [Except as provided by Subsection (h), on] offering
65	65	to vote, a voter must present the voter's voter registration
66	66	certificate to an election officer at the polling place[:
67	67	[(1) one form of photo identification listed in
68	68	Section 63.0101(a); or
69	69	[(2) one form of identification listed in Section
70	70	63.0101(b) accompanied by the declaration described by Subsection
71	71	(i)].
72	72	(c) On presentation of a registration certificate [the
73	73	documentation required under Subsection (b)], an election officer
74	74	shall determine whether the voter's name on the registration
75	75	certificate [documentation] is on the list of registered voters for
76	76	the precinct. [If in making a determination under this subsection
77	77	the election officer determines under standards adopted by the
78	78	secretary of state that the voter's name on the documentation is
79	79	substantially similar to but does not match exactly with the name on
80	80	the list, the voter shall be accepted for voting under Subsection
81	81	(d) if the voter submits an affidavit stating that the voter is the
82	82	person on the list of registered voters.]
83	83	(d) If[, as determined under Subsection (c),] the voter's
84	84	name is on the precinct list of registered voters [and the voter's
85	85	identity can be verified from the documentation presented under
86	86	Subsection (b)], the voter shall be accepted for voting. [An
87	87	election officer may not question the reasonableness of an
88	88	impediment sworn to by a voter in a declaration described by
89	89	Subsection (i).]
90	90	(e) On accepting a voter, an election officer shall indicate
91	91	beside the voter's name on the list of registered voters that the
92	92	voter is accepted for voting. [If the voter executes a declaration
93	93	of reasonable impediment to meet the requirement for identification
94	94	under Subsection (b), the election officer must affix the voter's
95	95	voter registration number to the declaration either in numeric or
96	96	bar code form.]
97	97	(f) After determining whether to accept a voter, an election
98	98	officer shall return the voter's registration certificate
99	99	[documentation] to the voter.
100	100	SECTION 5. Section 63.0011(a), Election Code, is amended to
101	101	read as follows:
102	102	(a) Before a voter may be accepted for voting, an election
103	103	officer shall ask the voter if the voter's residence address on the
104	104	precinct list of registered voters is current and whether the voter
105	105	has changed residence within the county. If the voter's address is
106	106	omitted from the precinct list under Section 18.005(c), the officer
107	107	shall ask the voter if the voter's residence as [, if] listed [,] on
108	108	the voter's voter registration certificate [identification
109	109	presented by the voter under Section 63.001(b)] is current and
110	110	whether the voter has changed residence within the county.
111	111	SECTION 6. Section 63.004(a), Election Code, is amended to
112	112	read as follows:
113	113	(a) The secretary of state may prescribe forms that combine
114	114	the poll list, the signature roster, or any other form used in
115	115	connection with the acceptance of voters at polling places with
116	116	each other or with the list of registered voters. The secretary
117	117	shall prescribe any special instructions necessary for using the
118	118	combination forms. [The combination forms must include space for
119	119	an election officer to indicate whether a voter executed a
120	120	declaration of reasonable impediment under Section 63.001(i).]
121	121	SECTION 7. Section 63.006, Election Code, is amended to
122	122	read as follows:
123	123	Sec. 63.006. VOTER WITH CORRECT CERTIFICATE [REQUIRED
124	124	DOCUMENTATION] WHO IS NOT ON LIST. (a) A voter who, when offering to
125	125	vote, presents a voter registration certificate indicating that the
126	126	voter is currently registered in the precinct in which the voter is
127	127	offering to vote, [the documentation required under Section
128	128	63.001(b)] but whose name is not on the precinct list of registered
129	129	voters, shall be accepted for voting [if the voter also presents a
130	130	voter registration certificate indicating that the voter is
131	131	currently registered:
132	132	[(1) in the precinct in which the voter is offering to
133	133	vote; or
134	134	[(2) in a different precinct in the same county as the
135	135	precinct in which the voter is offering to vote and the voter
136	136	executes an affidavit stating that the voter:
137	137	[(A) is a resident of the precinct in which the
138	138	voter is offering to vote or is otherwise entitled by law to vote in
139	139	that precinct;
140	140	[(B) was a resident of the precinct in which the
141	141	voter is offering to vote at the time the information on the voter's
142	142	residence address was last provided to the voter registrar;
143	143	[(C) did not deliberately provide false
144	144	information to secure registration in a precinct in which the voter
145	145	does not reside; and
146	146	[(D) is voting only once in the election].
147	147	(b) After the voter is accepted, an election officer shall
148	148	[:
149	149	[(1)] indicate beside the voter's name on the poll list
150	150	that the voter was accepted under this section[; and
151	151	[(2) enter the voter's name on the registration
152	152	omissions list].
153	153	SECTION 8. Chapter 63, Election Code, is amended by adding
154	154	Sections 63.007 and 63.008 to read as follows:
155	155	Sec. 63.007. VOTER WITH INCORRECT CERTIFICATE WHO IS NOT ON
156	156	LIST. (a) A voter who, when offering to vote, presents a voter
157	157	registration certificate indicating that the voter is currently
158	158	registered in a different precinct from the one in which the voter
159	159	is offering to vote, and whose name is not on the precinct list of
160	160	registered voters, shall be accepted for voting if the voter
161	161	executes an affidavit stating that the voter:
162	162	(1) is a resident of the precinct in which the voter is
163	163	offering to vote or is otherwise entitled by law to vote in that
164	164	precinct;
165	165	(2) was a resident of the precinct in which the voter
166	166	is offering to vote at the time the information on the voter's
167	167	residence address was last provided to the voter registrar;
168	168	(3) did not deliberately provide false information to
169	169	secure registration in a precinct in which the voter does not
170	170	reside; and
171	171	(4) is voting only once in the election.
172	172	(b) After the voter is accepted, an election officer shall
173	173	indicate beside the voter's name on the poll list that the voter was
174	174	accepted under this section.
175	175	Sec. 63.008. VOTER WITHOUT CERTIFICATE WHO IS ON LIST. (a) A
176	176	voter who does not present a voter registration certificate when
177	177	offering to vote, but whose name is on the list of registered voters
178	178	for the precinct in which the voter is offering to vote, shall be
179	179	accepted for voting if the voter executes an affidavit stating that
180	180	the voter does not have the voter's voter registration certificate
181	181	in the voter's possession at the polling place at the time of
182	182	offering to vote and the voter presents proof of identification in a
183	183	form described by Section 63.0101.
184	184	(b) If the requirements prescribed by Subsection (a) are not
185	185	met, the voter may be accepted for provisional voting only under
186	186	Section 63.011.
187	187	SECTION 9. Section 63.009, Election Code, is amended to
188	188	read as follows:
189	189	Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.
190	190	(a) Except as provided by Subsection (b), a [A] voter who does not
191	191	present a voter registration certificate when offering to vote, and
192	192	whose name is not on the list of registered voters for the precinct
193	193	in which the voter is offering to vote, shall be accepted for
194	194	provisional voting if the voter executes an affidavit in accordance
195	195	with Section 63.011.
196	196	(b) If an election officer can determine from the voter
197	197	registrar that the person is a registered voter of the county and
198	198	the person presents proof of identification, the affidavits
199	199	required by Sections 63.007 and 63.008 are substituted for the
200	200	affidavit required by Section 63.011 in complying with that
201	201	section. After the voter is accepted under this subsection, an
202	202	election officer shall also indicate beside the voter's name on the
203	203	poll list that the voter was accepted under this section.
204	204	SECTION 10. Section 63.0101(a), Election Code, is amended
205	205	to read as follows:
206	206	(a) The following documentation is [an] acceptable as proof
207	207	[form] of [photo] identification under this chapter:
208	208	(1) a driver's license[, election identification
209	209	certificate,] or personal identification card issued to the person
210	210	by the Department of Public Safety or a similar document issued to
211	211	the person by an agency of another state, regardless of whether the
212	212	license or card [that] has [not] expired [or that expired no earlier
213	213	than four years before the date of presentation];
214	214	(2) a form of identification containing the person's
215	215	photograph that establishes the person's identity [United States
216	216	military identification card that contains the person's photograph
217	217	that has not expired or that expired no earlier than four years
218	218	before the date of presentation];
219	219	(3) a birth certificate or other document confirming
220	220	birth that is admissible in a court of law and establishes the
221	221	person's identity;
222	222	(4) United States citizenship papers [certificate
223	223	issued to the person that contains the person's photograph];
224	224	(5) [(4)] a United States passport book or card issued
225	225	to the person [that has not expired or that expired no earlier than
226	226	four years before the date of presentation];
227	227	(6) official mail addressed to the person by name from
228	228	a governmental entity;
229	229	(7) a copy of a current utility bill, bank statement,
230	230	government check, paycheck, or other government document that shows
231	231	the name and address of the voter; or
232	232	(8) any other form of identification prescribed by the
233	233	secretary of state [or
234	234	[(5) a license to carry a handgun issued to the person
235	235	by the Department of Public Safety that has not expired or that
236	236	expired no earlier than four years before the date of
237	237	presentation].
238	238	SECTION 11. Sections 63.011(a) and (b), Election Code, are
239	239	amended to read as follows:
240	240	(a) A person to whom Section 63.008(b) or 63.009(a)
241	241	[63.001(g) or 63.009] applies may cast a provisional ballot if the
242	242	person executes an affidavit stating that the person:
243	243	(1) is a registered voter in the precinct in which the
244	244	person seeks to vote; and
245	245	(2) is eligible to vote in the election.
246	246	(b) A form for an affidavit required by this section must be
247	247	printed on an envelope in which the provisional ballot voted by the
248	248	person may be placed and must include[:
249	249	[(1)] a space for entering the identification number
250	250	of the provisional ballot voted by the person[; and
251	251	[(2) a space for an election officer to indicate
252	252	whether the person presented a form of identification described by
253	253	Section 63.0101].
254	254	SECTION 12. Section 64.012(b), Election Code, is amended to
255	255	read as follows:
256	256	(b) An offense under this section is a felony of the third
257	257	[second] degree unless the person is convicted of an attempt. In
258	258	that case, the offense is a Class A misdemeanor [state jail felony].
259	259	SECTION 13. Section 65.054(b), Election Code, is amended to
260	260	read as follows:
261	261	(b) A provisional ballot may [shall] be accepted only if the
262	262	board determines that[:
263	263	[(1)] from the information in the affidavit or
264	264	contained in public records, the person is eligible to vote in the
265	265	election and has not previously voted in that election[;
266	266	[(2) the person:
267	267	[(A) meets the identification requirements of
268	268	Section 63.001(b) at the time the ballot was cast or in the period
269	269	prescribed under Section 65.0541;
270	270	[(B) notwithstanding Chapter 110, Civil Practice
271	271	and Remedies Code, executes an affidavit under penalty of perjury
272	272	that states the voter has a religious objection to being
273	273	photographed and the voter has consistently refused to be
274	274	photographed for any governmental purpose from the time the voter
275	275	has held this belief; or
276	276	[(C) executes an affidavit under penalty of
277	277	perjury that states the voter does not have any identification
278	278	meeting the requirements of Section 63.001(b) as a result of a
279	279	natural disaster that was declared by the president of the United
280	280	States or the governor, occurred not earlier than 45 days before the
281	281	date the ballot was cast, and caused the destruction of or inability
282	282	to access the voter's identification; and
283	283	[(3) the voter has not been challenged and voted a
284	284	provisional ballot solely because the voter did not meet the
285	285	requirements for identification prescribed by Section 63.001(b)].
286	286	SECTION 14. Section 66.0241, Election Code, is amended to
287	287	read as follows:
288	288	Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
289	289	must contain:
290	290	(1) the precinct list of registered voters;
291	291	(2) the registration correction list;
292	292	(3) any statements of residence executed under Section
293	293	63.0011; and
294	294	(4) any affidavits executed under Section 63.007
295	295	[63.006] or 63.011.
296	296	SECTION 15. Section 272.011(b), Election Code, is amended
297	297	to read as follows:
298	298	(b) The secretary of state shall prepare the translation for
299	299	election materials required to be provided in a language other than
300	300	English or Spanish for the following state prescribed voter forms:
301	301	(1) voter registration application form required by
302	302	Section 13.002;
303	303	(2) the confirmation form required by Section 15.051;
304	304	(3) the voting instruction poster required by Section
305	305	62.011;
306	306	(4) [the reasonable impediment declaration required
307	307	by Section 63.001(b);
308	308	[(5)] the statement of residence form required by
309	309	Section 63.0011;
310	310	(5) [(6)] the provisional ballot affidavit required
311	311	by Section 63.011;
312	312	(6) [(7)] the application for a ballot by mail
313	313	required by Section 84.011;
314	314	(7) [(8)] the carrier envelope and voting
315	315	instructions required by Section 86.013; and
316	316	(8) [(9)] any other voter forms that the secretary of
317	317	state identifies as frequently used and for which state resources
318	318	are otherwise available.
319	319	SECTION 16. (a) The following provisions of the Election
320	320	Code are repealed:
321	321	(1) Section 13.002(i);
322	322	(2) Section 15.001(c);
323	323	(3) Section 15.005;
324	324	(4) Section 31.013;
325	325	(5) Section 32.111(c);
326	326	(6) Section 62.016;
327	327	(7) Sections 63.001(c-1), (g), (h), and (i);
328	328	(8) Section 63.0013, as added by Section 3, Chapter
329	329	410 (S.B. 5), Acts of the 85th Legislature, Regular Session, 2017;
330	330	(9) Sections 63.0101(b) and (c); and
331	331	(10) Section 65.0541.
332	332	(b) Chapter 521A, Transportation Code, is repealed.
333	333	SECTION 17. This Act takes effect immediately if it
334	334	receives a vote of two-thirds of all the members elected to each
335	335	house, as provided by Section 39, Article III, Texas Constitution.
336	336	If this Act does not receive the vote necessary for immediate
337	337	effect, this Act takes effect September 1, 2019.