Texas 2019 - 86th Regular

Texas Senate Bill SB1929 Compare Versions

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

Old	New	Differences
1	1	86R11491 ATP-D
2	2	By: Fallon S.B. No. 1929
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the duties of the secretary of state relating to voter
8	8	registration.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.001, Election Code, is amended to
11	11	read as follows:
12	12	Sec. 12.001. DESIGNATION OF SECRETARY OF STATE AS VOTER
13	13	REGISTRAR. (a) The secretary of state is the voter registrar of
14	14	every county for the purpose of the registration of voters and
15	15	maintenance of the list of registered voters. The voter registrar
16	16	designated under Subsection (b) is the voter registrar for all
17	17	other purposes.
18	18	(b) Except as provided by Subsection (a), the [The] county
19	19	tax assessor-collector is the voter registrar for the county unless
20	20	the position of county elections administrator is created or the
21	21	county clerk is designated as the voter registrar.
22	22	(c) A reference in this code to the voter registrar, as
23	23	related to voter registration duties, means the secretary of state.
24	24	(d) The secretary of state may adopt rules for the
25	25	transition of the voter registration duties of the voter registrars
26	26	under this code to the secretary of state.
27	27	SECTION 2. Section 13.071, Election Code, is amended to
28	28	read as follows:
29	29	Sec. 13.071. REVIEW OF APPLICATION. (a) The secretary of
30	30	state [registrar] shall review each submitted application for
31	31	registration to determine whether it complies with Section 13.002
32	32	and indicates that the applicant is eligible for registration.
33	33	(b) The secretary of state [registrar] shall make the
34	34	determination not later than the seventh day after the date the
35	35	application is submitted to the secretary of state [registrar].
36	36	SECTION 3. Sections 13.072(a), (b), and (c), Election Code,
37	37	are amended to read as follows:
38	38	(a) The secretary of state [Unless the registrar challenges
39	39	the applicant, the registrar] shall approve the application if:
40	40	(1) the secretary of state [registrar] determines that
41	41	an application complies with Section 13.002 and indicates that the
42	42	applicant is eligible for registration; and
43	43	(2) for an applicant who has not included a statement
44	44	described by Section 13.002(c)(8)(C), the [registrar verifies with
45	45	the] secretary of state verifies:
46	46	(A) the applicant's Texas driver's license number
47	47	or number of a personal identification card issued by the
48	48	Department of Public Safety; or
49	49	(B) the last four digits of the applicant's
50	50	social security number.
51	51	(b) After approval of an application by an applicant who was
52	52	registered in another county at the time of application, the
53	53	secretary of state [registrar] shall update the statewide voter
54	54	registration list to reflect [deliver written notice of the
55	55	applicant's change of residence to the other county's registrar and
56	56	include in the notice] the applicant's change in county of [name,
57	57	former] residence [address, and former registration number, if
58	58	known].
59	59	(c) If [Except as provided by Subsection (d), if] the
60	60	secretary of state [registrar] determines that an application does
61	61	not comply with Section 13.002 or does not indicate that the
62	62	applicant is eligible for registration, the secretary of state
63	63	[registrar] shall reject the application.
64	64	SECTION 4. Subchapter C, Chapter 13, Election Code, is
65	65	amended by adding Section 13.0721 to read as follows:
66	66	Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This
67	67	section does not apply to an application for registration submitted
68	68	to the Department of Public Safety in person with the proof of
69	69	citizenship required by Section 20.063(e).
70	70	(b) The secretary of state shall verify with the Department
71	71	of Public Safety the citizenship status of each applicant for voter
72	72	registration. If the department verifies the applicant's
73	73	citizenship status, the secretary of state may approve the
74	74	applicant's application. If the department does not have
75	75	information regarding the citizenship status of the applicant or
76	76	has information indicating that the applicant is not a citizen, the
77	77	applicant shall be notified as provided by secretary of state rule.
78	78	(c) An applicant for voter registration who receives notice
79	79	under Subsection (b) must provide proof of citizenship to the
80	80	secretary of state not later than the 60th day after the date of
81	81	receipt. Except as provided by Subsection (d), this proof must be
82	82	presented in person. The following is acceptable as proof of
83	83	citizenship under this section:
84	84	(1) an unexpired passport issued to the person;
85	85	(2) a certified copy of a birth certificate or other
86	86	document confirming the person's birth that is admissible in a
87	87	court of law and establishes the person's identity, presented with
88	88	a government-issued identification that contains the person's
89	89	photograph; or
90	90	(3) United States citizenship papers issued to the
91	91	person, presented with a government-issued identification that
92	92	contains the person's photograph.
93	93	(d) An applicant may mail a certified copy of a document
94	94	described by Subsection (c)(2) or (3) with a copy of the person's
95	95	government-issued photo identification to the registrar.
96	96	(e) If an applicant does not provide proof of citizenship as
97	97	required, the secretary of state shall reject the application.
98	98	(f) The secretary of state shall adopt rules and prescribe
99	99	procedures to implement this section.
100	100	SECTION 5. Section 13.143(a), Election Code, is amended to
101	101	read as follows:
102	102	(a) Except as provided by Subsection [Subsections] (b) [and
103	103	(e)], if an applicant's registration application is approved, the
104	104	registration becomes effective on the 30th day after the date the
105	105	application is approved [submitted to the registrar] or on the date
106	106	the applicant becomes 18 years of age, whichever is later.
107	107	SECTION 6. Section 16.031(a), Election Code, is amended to
108	108	read as follows:
109	109	(a) The registrar shall cancel a voter's registration
110	110	immediately on receipt of:
111	111	(1) notice under Section 13.072(b) or 15.021 or a
112	112	response under Section 15.053 that the voter's residence is outside
113	113	the county;
114	114	(2) an abstract of the voter's death certificate under
115	115	Section 16.001(a) or an abstract of an application indicating that
116	116	the voter is deceased under Section 16.001(b);
117	117	(3) an abstract of a final judgment of the voter's
118	118	total mental incapacity, partial mental incapacity without the
119	119	right to vote, conviction of a felony, or disqualification under
120	120	Section 16.002, 16.003, or 16.004;
121	121	(4) notice under Section 112.012 that the voter has
122	122	applied for a limited ballot in another county; or
123	123	(5) notice from a voter registration official in
124	124	another state that the voter has registered to vote outside this
125	125	state[;
126	126	[(6) notice from the early voting clerk under Section
127	127	101.053 that a federal postcard application submitted by an
128	128	applicant states a voting residence address located outside the
129	129	registrar's county; or
130	130	[(7) notice from the secretary of state that the voter
131	131	has registered to vote in another county, as determined by the
132	132	voter's driver's license number or personal identification card
133	133	number issued by the Department of Public Safety or social security
134	134	number].
135	135	SECTION 7. Sections 18.043(a) and (c), Election Code, are
136	136	amended to read as follows:
137	137	(a) The [At the times prescribed by the] secretary of
138	138	state[, the registrar] shall produce [deliver to the secretary] a
139	139	statement containing the voter registration information determined
140	140	[by the secretary] to be necessary to comply with reporting
141	141	requirements prescribed under federal law.
142	142	(c) The secretary of state [registrar] shall maintain the
143	143	information required for the statements in accordance with
144	144	procedures prescribed by this section [the secretary of state].
145	145	SECTION 8. Section 18.061(e), Election Code, is amended to
146	146	read as follows:
147	147	(e) The secretary of state shall prescribe procedures to
148	148	ensure that:
149	149	(1) when a voter registers in another county, [as
150	150	determined under Section 16.031(a)(6),] the statewide computerized
151	151	voter registration list is updated to reflect the voter's
152	152	registration in the new county; and
153	153	(2) a voter is not registered to vote in multiple
154	154	counties.
155	155	SECTION 9. Section 18.066(b), Election Code, is amended to
156	156	read as follows:
157	157	(b) Information furnished under this section may not
158	158	include:
159	159	(1) a voter's social security number; or
160	160	(2) the residence address of a voter who is a federal
161	161	judge or state judge, as defined by Section 13.0021, or the spouse
162	162	of a federal judge or state judge, if the voter included an
163	163	affidavit with the voter's registration application under Section
164	164	13.0021 or the [applicable] registrar has received an affidavit
165	165	submitted under Section 15.0215.
166	166	SECTION 10. Section 18.068, Election Code, is amended to
167	167	read as follows:
168	168	Sec. 18.068. COMPARISON OF INFORMATION REGARDING
169	169	INELIGIBILITY. (a) The secretary of state shall quarterly compare
170	170	the information received under Subchapter A, Chapter 16, and
171	171	Section 18.062 [Section 16.001] of this code and Section 62.113,
172	172	Government Code, to the statewide computerized voter registration
173	173	list.
174	174	(a-1) If the secretary determines from information received
175	175	under Subsection (a) that a voter on the registration list may be
176	176	ineligible to vote [is deceased or has been excused or disqualified
177	177	from jury service because the voter is not a citizen], the secretary
178	178	shall determine under this section whether the voter is ineligible
179	179	to vote [send notice of the determination to the voter registrar of
180	180	the counties considered appropriate by the secretary].
181	181	(b) The secretary of state shall by rule determine what
182	182	information combinations identified as common to a voter and to an
183	183	individual who is deceased or ineligible to vote constitute a weak
184	184	match or a strong match in order to:
185	185	(1) produce the least possible impact on Texas voters;
186	186	and
187	187	(2) fulfill its responsibility to manage the voter
188	188	rolls.
189	189	(c) The secretary of state may not determine that a voter is
190	190	deceased or ineligible to vote based on a weak match. The secretary
191	191	of state may inform the county of the voter's residence that a weak
192	192	match exists.
193	193	(d) On determining [receiving notification from the
194	194	secretary of state under Subsection (c)] that a weak match of
195	195	identifying information exists for a [county] voter and an
196	196	individual who is deceased or ineligible to vote, the secretary of
197	197	state [county] shall investigate whether the voter is that [the]
198	198	individual [who is deceased].
199	199	(e) The secretary of state may determine that a voter is
200	200	deceased or ineligible to vote based on a strong match.
201	201	(f) The secretary of state may obtain, for purposes of
202	202	determining whether a voter is deceased or ineligible to vote,
203	203	information from other state agency databases relating to a voter
204	204	that is the same type of information that the secretary of state or
205	205	a voter registrar collects or stores for voter registration
206	206	purposes.
207	207	SECTION 11. Section 20.008, Election Code, is amended to
208	208	read as follows:
209	209	Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE [OR
210	210	REGISTRAR]. If a question arises concerning voter registration
211	211	that an agency employee cannot answer, the employee shall provide
212	212	the person[:
213	213	[(1)] the toll-free telephone number of the Elections
214	214	Division of the Office of the Secretary of State[; and
215	215	[(2) the telephone number of the voter registrar to
216	216	whom registration applications are submitted].
217	217	SECTION 12. Sections 20.033, 20.034, and 20.035, Election
218	218	Code, are amended to read as follows:
219	219	Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO
220	220	EMPLOYEE. The date of submission of a completed registration
221	221	application to the agency employee is considered to be the date of
222	222	submission to the secretary of state [voter registrar] for the
223	223	purpose of determining the effective date of registration only.
224	224	Sec. 20.034. SUBMISSION TO SECRETARY OF STATE [REGISTRAR]
225	225	BY APPLICANT. (a) The applicant may keep the registration
226	226	application form or the completed application to submit the
227	227	application personally to the secretary of state [voter registrar].
228	228	(b) The agency employee shall enter on the declination of
229	229	registration form a notation that after being given the opportunity
230	230	to register, the applicant kept the application or application form
231	231	for personal submission of the application to the secretary of
232	232	state [registrar].
233	233	Sec. 20.035. DELIVERY OF APPLICATIONS TO SECRETARY OF STATE
234	234	[REGISTRAR]. (a) The agency shall deliver to the secretary of
235	235	state [voter registrar of the county in which the agency office is
236	236	located] each completed registration application submitted to an
237	237	agency employee.
238	238	(b) An application shall be delivered to the secretary of
239	239	state [registrar] not later than the fifth day after the date the
240	240	application is submitted to the employee.
241	241	SECTION 13. Section 20.037(c), Election Code, is amended to
242	242	read as follows:
243	243	(c) An application form delivered by mail must be
244	244	accompanied by a notice informing the applicant that the
245	245	application may be submitted in person or by mail to the secretary
246	246	of state [voter registrar of the county in which the applicant
247	247	resides or in person to a volunteer deputy registrar for delivery to
248	248	the voter registrar of the county in which the applicant resides].
249	249	SECTION 14. Section 20.063, Election Code, is amended by
250	250	adding Subsection (e) to read as follows:
251	251	(e) A person who submits a voter registration application to
252	252	the department in person shall at the time of submission present as
253	253	proof of citizenship:
254	254	(1) an unexpired passport issued to the person;
255	255	(2) a certified copy of a birth certificate or other
256	256	document confirming the person's birth that is admissible in a
257	257	court of law and establishes the person's identity; or
258	258	(3) United States citizenship papers issued to the
259	259	person.
260	260	SECTION 15. Section 20.122(c), Election Code, is amended to
261	261	read as follows:
262	262	(c) The application forms must be accompanied by a notice
263	263	informing the licensees that the applications may be submitted in
264	264	person or by mail to the secretary of state [voter registrar of the
265	265	county in which they reside or in person to a volunteer deputy
266	266	registrar for delivery to the voter registrar of the county in which
267	267	they reside].
268	268	SECTION 16. Section 112.012, Election Code, is amended to
269	269	read as follows:
270	270	Sec. 112.012. NOTIFICATION TO SECRETARY OF STATE [VOTER
271	271	REGISTRAR]. Not later than the 30th day after receipt of an
272	272	application for a limited ballot, the early voting clerk shall
273	273	notify the secretary of state [voter registrar for the voter's
274	274	former county of residence] that the voter has applied for a limited
275	275	ballot.
276	276	SECTION 17. The following provisions of the Election Code
277	277	are repealed:
278	278	(1) Section 12.005;
279	279	(2) Section 12.006;
280	280	(3) Subchapter B, Chapter 13;
281	281	(4) Section 13.072(d);
282	282	(5) Section 13.121(c);
283	283	(6) Sections 13.143(d), (d-1), (d-2), and (e);
284	284	(7) Section 15.083;
285	285	(8) Section 18.012;
286	286	(9) Section 18.061(c);
287	287	(10) Section 18.064;
288	288	(11) Section 18.065; and
289	289	(12) Sections 20.065(a) and (c).
290	290	SECTION 18. This Act takes effect September 1, 2019.