Texas 2019 - 86th Regular

Texas Senate Bill SB1604 Compare Versions

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

Old	New	Differences
1	1	86R12850 ADM-D
2	2	By: Hall S.B. No. 1604
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to election integrity, including periodic voter
8	8	registration; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.003, Election Code, is amended to
11	11	read as follows:
12	12	Sec. 11.003. PLACE FOR VOTING; OFFENSES. (a) Except as
13	13	otherwise provided by this code, a person may vote only in the
14	14	election precinct in which the person resides.
15	15	(b) A person commits an offense if the person casts a vote in
16	16	violation of Subsection (a).
17	17	(c) An election officer commits an offense if the officer
18	18	knowingly permits a person to cast a vote in violation of Subsection
19	19	(a).
20	20	(d) An offense under Subsection (b) or (c) is a Class A
21	21	misdemeanor.
22	22	SECTION 2. Section 13.122(a), Election Code, is amended to
23	23	read as follows:
24	24	(a) In addition to the other statements and spaces for
25	25	entering information that appear on an officially prescribed
26	26	registration application form, each official form must include:
27	27	(1) the statement: "I understand that giving false
28	28	information to procure a voter registration is perjury and a crime
29	29	under state and federal law.";
30	30	(2) a space for the applicant's registration number;
31	31	(3) a space for the applicant's Texas driver's license
32	32	number or number of a personal identification card issued by the
33	33	Department of Public Safety;
34	34	(4) a space for the applicant's telephone number;
35	35	(5) a space for the applicant's social security
36	36	number;
37	37	(6) a space for the applicant's sex;
38	38	(7) a statement indicating that the furnishing of the
39	39	applicant's telephone number and sex is optional;
40	40	(8) a space or box for indicating whether the
41	41	applicant or voter is submitting new registration information or a
42	42	change in current registration information;
43	43	(9) a statement instructing a voter who is using the
44	44	form to make a change in current registration information to enter
45	45	the voter's name and the changed information in the appropriate
46	46	spaces on the form;
47	47	(10) a statement that if the applicant declines to
48	48	register to vote, that fact will remain confidential and will be
49	49	used only for voter registration purposes;
50	50	(11) a statement that if the applicant does register
51	51	to vote, information regarding the agency or office to which the
52	52	application is submitted will remain confidential and will be used
53	53	only for voter registration purposes;
54	54	(12) a space or box for indicating whether the
55	55	applicant is interested in working as an election judge;
56	56	(13) a statement warning that a conviction for making
57	57	a false statement may result in imprisonment for up to the maximum
58	58	amount of time provided by law, a fine of up to the maximum amount
59	59	provided by law, or both the imprisonment and the fine; [and]
60	60	(14) a space or box for indicating whether the
61	61	application is for an initial registration or for renewal
62	62	registration; and
63	63	(15) any other voter registration information
64	64	required by federal law or considered appropriate and required by
65	65	the secretary of state.
66	66	SECTION 3. Section 13.142(c), Election Code, is amended to
67	67	read as follows:
68	68	(c) An initial certificate takes effect on the effective
69	69	date of the registration and expires on the fourth anniversary of
70	70	the date it takes effect [the following January 1 of an
71	71	even-numbered year].
72	72	SECTION 4. Section 13.143, Election Code, is amended by
73	73	amending Subsection (c) and adding Subsection (c-1) to read as
74	74	follows:
75	75	(c) A registration is effective until canceled under this
76	76	code or until the fourth anniversary of the date the registration
77	77	became effective, whichever is earlier.
78	78	(c-1) Notwithstanding Subsection (c), the registration of a
79	79	voter whose registration was effective on September 1, 2019, is
80	80	effective until canceled under this code or until September 1,
81	81	2023, whichever is earlier. This subsection expires January 1,
82	82	2024.
83	83	SECTION 5. Section 14.001, Election Code, is amended by
84	84	amending Subsections (a) and (c) and adding Subsection (a-1) to
85	85	read as follows:
86	86	(a) A voter may apply to the registrar for a renewal of the
87	87	voter's registration at any time in the final year that the voter's
88	88	current registration will be effective.
89	89	(a-1) The voter shall submit a renewal application in the
90	90	same manner provided for an initial application under Subchapter A,
91	91	Chapter 13, and the registrar shall comply with all applicable
92	92	provisions of Subchapter C, Chapter 13, in determining whether to
93	93	renew the applicant's registration. [On or after November 15 but
94	94	before December 6 of each odd-numbered year, the registrar shall
95	95	issue a voter registration certificate to each voter in the county
96	96	whose registration is effective on the preceding November 14 and
97	97	whose name does not appear on the suspense list.]
98	98	(c) A renewal certificate becomes effective on the date the
99	99	voter's previous registration expires and is valid for four [two]
100	100	years beginning on the date it becomes effective [January 1
101	101	following its issuance].
102	102	SECTION 6. Section 15.081(a), Election Code, is amended to
103	103	read as follows:
104	104	(a) The registrar shall maintain a suspense list containing
105	105	the name of each voter:
106	106	(1) who fails to submit a response to the registrar in
107	107	accordance with Section 15.053; or
108	108	(2) [whose renewal certificate is returned to the
109	109	registrar in accordance with Subchapter B, Chapter 14; or
110	110	[(3)] who appears on the list of nonresidents of the
111	111	county provided to the registrar under Section 62.114, Government
112	112	Code.
113	113	SECTION 7. Section 32.0511(d), Election Code, is amended to
114	114	read as follows:
115	115	(d) Not more than two student election clerks may serve at a
116	116	polling place[, except that not more than four student election
117	117	clerks may serve at any countywide polling place].
118	118	SECTION 8. Section 62.0115(b), Election Code, is amended to
119	119	read as follows:
120	120	(b) Except as revised by the secretary of state under
121	121	Subsection (d), the notice must state that a voter has the right to:
122	122	(1) vote a ballot and view written instructions on how
123	123	to cast a ballot;
124	124	(2) vote in secret and free from intimidation;
125	125	(3) receive up to two additional ballots if the voter
126	126	mismarks, damages, or otherwise spoils a ballot;
127	127	(4) request instructions on how to cast a ballot, but
128	128	not to receive suggestions on how to vote;
129	129	(5) bring an interpreter to translate the ballot and
130	130	any instructions from election officials;
131	131	(6) receive assistance in casting the ballot if the
132	132	voter:
133	133	(A) has a physical disability that renders the
134	134	voter unable to write or see; or
135	135	(B) cannot read the language in which the ballot
136	136	is written;
137	137	(7) cast a ballot on executing an affidavit as
138	138	provided by law, if the voter's eligibility to vote is questioned;
139	139	(8) report an existing or potential abuse of voting
140	140	rights to the secretary of state or the local election official; and
141	141	(9) [except as provided by Section 85.066(b), Election
142	142	Code, vote at any early voting location in the county in which the
143	143	voter resides in an election held at county expense, a primary
144	144	election, or a special election ordered by the governor; and
145	145	[(10)] file an administrative complaint with the
146	146	secretary of state concerning a violation of federal or state
147	147	voting procedures.
148	148	SECTION 9. Sections 85.001(a) and (c), Election Code, are
149	149	amended to read as follows:
150	150	(a) The period for early voting by personal appearance
151	151	begins on the 10th [17th] day before election day and continues
152	152	through the [fourth] day before election day, except as otherwise
153	153	provided by this section.
154	154	(c) If the date prescribed by Subsection (a) [or (b)] for
155	155	beginning the period is a Saturday, Sunday, or legal state holiday,
156	156	the early voting period begins on the next regular business day,
157	157	except as otherwise provided by Section 85.006.
158	158	SECTION 10. Section 85.004, Election Code, is amended to
159	159	read as follows:
160	160	Sec. 85.004. PUBLIC NOTICE OF MAIN POLLING PLACE
161	161	LOCATION. The election order and the election notice must state
162	162	the location of the main early voting polling place. The election
163	163	notice must state that a voter is only permitted to vote at the main
164	164	early voting polling place if it is located within the voter's
165	165	election precinct.
166	166	SECTION 11. Section 85.005(d), Election Code, is amended to
167	167	read as follows:
168	168	(d) In an election ordered by a city, early voting by
169	169	personal appearance at the main early voting polling place shall be
170	170	conducted for at least 12 hours[:
171	171	[(1)] on one weekday[, if the early voting period
172	172	consists of less than six weekdays; or
173	173	[(2) on two weekdays, if the early voting period
174	174	consists of six or more weekdays].
175	175	SECTION 12. Sections 85.006(a), (d), and (e), Election
176	176	Code, are amended to read as follows:
177	177	(a) Except as provided by Subsection (b), the authority
178	178	ordering an election may order early voting by personal appearance
179	179	at the main early voting polling place to be conducted on a Saturday
180	180	or Sunday [one or more Saturdays or Sundays] during the early voting
181	181	period.
182	182	(d) The authority authorized to order early voting on a
183	183	Saturday or Sunday under Subsection (a) or (b) shall order the
184	184	voting under the applicable subsection on receipt of a written
185	185	request submitted by at least 15 registered voters of the territory
186	186	covered by the election. The request must be submitted in time to
187	187	enable compliance with Section 85.007. The authority [is not
188	188	required to order the voting on a particular date specified by the
189	189	request but] shall order the voting on [at least one] Saturday if
190	190	[a] Saturday is requested and on [at least one] Sunday if [a] Sunday
191	191	is requested.
192	192	(e) In a primary election or the general election for state
193	193	and county officers in a county with a population of 100,000 or
194	194	more, the early voting clerk shall order personal appearance voting
195	195	at the main early voting polling place to be conducted for at least
196	196	12 hours on [the last] Saturday and for at least five hours on [the
197	197	last] Sunday during [of] the early voting period. The early voting
198	198	clerk shall order voting to be conducted at those times in those
199	199	elections in a county with a population under 100,000 on receipt of
200	200	a written request for those hours submitted by at least 15
201	201	registered voters of the county. The request must be submitted in
202	202	time to enable compliance with Section 85.007. This subsection
203	203	supersedes any provision of this subchapter to the extent of any
204	204	conflict.
205	205	SECTION 13. Section 85.010(b), Election Code, is amended to
206	206	read as follows:
207	207	(b) A political subdivision that holds an election
208	208	described by Subsection (a) shall designate as an early voting
209	209	polling place for the election any early voting polling place[,
210	210	other than a polling place established under Section 85.062(e),]
211	211	established by the county and located in the political subdivision.
212	212	SECTION 14. Section 85.062(a), Election Code, is amended to
213	213	read as follows:
214	214	(a) One [Except as provided by Subsection (d) or (e), one]
215	215	or more early voting polling places other than the main early voting
216	216	polling place shall [may] be established in each election precinct
217	217	in the territory covered by the election by:
218	218	(1) the commissioners court, for an election in which
219	219	the county clerk is the early voting clerk; or
220	220	(2) the governing body of the political subdivision
221	221	served by the authority ordering the election, for an election in
222	222	which a person other than the county clerk is the early voting
223	223	clerk.
224	224	SECTION 15. The following provisions of the Election Code
225	225	are repealed:
226	226	(1) Section 32.002(c-1);
227	227	(2) Section 43.004(c);
228	228	(3) Section 43.007;
229	229	(4) Sections 85.001(b) and (e);
230	230	(5) Section 85.003;
231	231	(6) Sections 85.062(d) and (e); and
232	232	(7) Section 85.066.
233	233	SECTION 16. The changes in law made by this Act apply only
234	234	to an election ordered on or after the effective date of this Act.
235	235	An election ordered before the effective date of this Act is
236	236	governed by the law in effect when the election was ordered, and the
237	237	former law is continued in effect for that purpose.
238	238	SECTION 17. This Act takes effect September 1, 2019.