Texas 2021 - 87th Regular

Texas House Bill HB1026 Compare Versions

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

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1	1	By: Middleton H.B. No. 1026
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the duties of the secretary of state relating to voter
7	7	registration.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.001, Election Code, is amended to
10	10	read as follows:
11	11	Sec. 12.001. DESIGNATION OF SECRETARY OF STATE AS VOTER
12	12	REGISTRAR. (a) The secretary of state is the voter registrar of
13	13	every county for the purpose of the registration of voters and
14	14	maintenance of the list of registered voters. The voter registrar
15	15	designated under Subsection (b) is the voter registrar for all
16	16	other purposes.
17	17	(b) Except as provided by Subsection (a), the [The] county
18	18	tax assessor-collector is the voter registrar for the county unless
19	19	the position of county elections administrator is created or the
20	20	county clerk is designated as the voter registrar.
21	21	(c) A reference in this code to the voter registrar, as
22	22	related to voter registration duties, means the secretary of state.
23	23	(d) The secretary of state may adopt rules for the
24	24	transition of the voter registration duties of the voter registrars
25	25	under this code to the secretary of state.
26	26	SECTION 2. Section 13.071, Election Code, is amended to
27	27	read as follows:
28	28	Sec. 13.071. REVIEW OF APPLICATION. (a) The secretary of
29	29	state [registrar] shall review each submitted application for
30	30	registration to determine whether it complies with Section 13.002
31	31	and indicates that the applicant is eligible for registration.
32	32	(b) The secretary of state [registrar] shall make the
33	33	determination not later than the seventh day after the date the
34	34	application is submitted to the secretary of state [registrar].
35	35	SECTION 3. Sections 13.072(a), (b), and (c), Election Code,
36	36	are amended to read as follows:
37	37	(a) The secretary of state [Unless the registrar challenges
38	38	the applicant, the registrar] shall approve the application if:
39	39	(1) the secretary of state [registrar] determines that
40	40	an application complies with Section 13.002 and indicates that the
41	41	applicant is eligible for registration; and
42	42	(2) for an applicant who has not included a statement
43	43	described by Section 13.002(c)(8)(C), the [registrar verifies with
44	44	the] secretary of state verifies:
45	45	(A) the applicant's Texas driver's license number
46	46	or number of a personal identification card issued by the
47	47	Department of Public Safety; or
48	48	(B) the last four digits of the applicant's
49	49	social security number.
50	50	(b) After approval of an application by an applicant who was
51	51	registered in another county at the time of application, the
52	52	secretary of state [registrar] shall update the statewide voter
53	53	registration list to reflect [deliver written notice of the
54	54	applicant's change of residence to the other county's registrar and
55	55	include in the notice] the applicant's change in county of [name,
56	56	former] residence [address, and former registration number, if
57	57	known].
58	58	(c) If [Except as provided by Subsection (d), if] the
59	59	secretary of state [registrar] determines that an application does
60	60	not comply with Section 13.002 or does not indicate that the
61	61	applicant is eligible for registration, the secretary of state
62	62	[registrar] shall reject the application.
63	63	SECTION 4. Subchapter C, Chapter 13, Election Code, is
64	64	amended by adding Section 13.0721 to read as follows:
65	65	Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) The
66	66	secretary of state shall verify with the Department of Public
67	67	Safety the citizenship status of each applicant for voter
68	68	registration. If the department verifies the applicant's
69	69	citizenship status, the secretary of state may approve the
70	70	applicant's application. If the department does not have
71	71	information regarding the citizenship status of the applicant or
72	72	has information indicating that the applicant is not a citizen, the
73	73	applicant shall be notified as provided by secretary of state rule.
74	74	(b) An applicant for voter registration who receives notice
75	75	under Subsection (a) must provide proof of citizenship to the
76	76	secretary of state not later than the 60th day after the date of
77	77	receipt. Except as provided by Subsection (c), this proof must be
78	78	presented in person. The following is acceptable as proof of
79	79	citizenship under this section:
80	80	(1) an unexpired passport issued to the person;
81	81	(2) a certified copy of a birth certificate or other
82	82	document confirming the person's birth that is admissible in a
83	83	court of law and establishes the person's identity, presented with
84	84	a government-issued identification that contains the person's
85	85	photograph; or
86	86	(3) United States citizenship papers issued to the
87	87	person, presented with a government-issued identification that
88	88	contains the person's photograph.
89	89	(c) An applicant may mail a certified copy of a document
90	90	described by Subsection (b)(2) or (3) with a copy of the person's
91	91	government-issued photo identification to the registrar.
92	92	(d) If an applicant does not provide proof of citizenship as
93	93	required, the secretary of state shall reject the application.
94	94	(e) The secretary of state shall adopt rules and prescribe
95	95	procedures to implement this section.
96	96	SECTION 5. Section 13.143(a), Election Code, is amended to
97	97	read as follows:
98	98	(a) Except as provided by Subsection [Subsections] (b) [and
99	99	(e)], if an applicant's registration application is approved, the
100	100	registration becomes effective on the 30th day after the date the
101	101	application is approved [submitted to the registrar] or on the date
102	102	the applicant becomes 18 years of age, whichever is later.
103	103	SECTION 6. Sections 18.043(a) and (c), Election Code, are
104	104	amended to read as follows:
105	105	(a) The [At the times prescribed by the] secretary of
106	106	state[, the registrar] shall produce [deliver to the secretary] a
107	107	statement containing the voter registration information determined
108	108	[by the secretary] to be necessary to comply with reporting
109	109	requirements prescribed under federal law.
110	110	(c) The secretary of state [registrar] shall maintain the
111	111	information required for the statements in accordance with
112	112	procedures prescribed by this section [the secretary of state].
113	113	SECTION 7. Section 18.066(b), Election Code, is amended to
114	114	read as follows:
115	115	(b) Information furnished under this section may not
116	116	include:
117	117	(1) a voter's social security number; or
118	118	(2) the residence address of a voter whose residence
119	119	address is confidential under Section 13.004.
120	120	SECTION 8. Section 18.068, Election Code, is amended to
121	121	read as follows:
122	122	Sec. 18.068. COMPARISON OF INFORMATION REGARDING
123	123	INELIGIBILITY. (a) The secretary of state shall quarterly compare
124	124	the information received under Subchapter A, Chapter 16, and
125	125	Section 18.062 [Section 16.001] of this code and Section 62.113,
126	126	Government Code, to the statewide computerized voter registration
127	127	list.
128	128	(a-1) If the secretary determines from information received
129	129	under Subsection (a) that a voter on the registration list may be
130	130	ineligible to vote [is deceased or has been excused or disqualified
131	131	from jury service because the voter is not a citizen], the secretary
132	132	shall determine under this section whether the voter is ineligible
133	133	to vote [send notice of the determination to the voter registrar of
134	134	the counties considered appropriate by the secretary].
135	135	(b) The secretary of state shall by rule determine what
136	136	information combinations identified as common to a voter and to an
137	137	individual who is deceased or ineligible to vote constitute a weak
138	138	match or a strong match in order to:
139	139	(1) produce the least possible impact on Texas voters;
140	140	and
141	141	(2) fulfill its responsibility to manage the voter
142	142	rolls.
143	143	(c) The secretary of state may not determine that a voter is
144	144	deceased or ineligible to vote based on a weak match. The secretary
145	145	of state may inform the county of the voter's residence that a weak
146	146	match exists.
147	147	(d) On determining [receiving notification from the
148	148	secretary of state under Subsection (c)] that a weak match of
149	149	identifying information exists for a [county] voter and an
150	150	individual who is deceased or ineligible to vote, the secretary of
151	151	state [county] shall investigate whether the voter is that [the]
152	152	individual [who is deceased].
153	153	(e) The secretary of state may determine that a voter is
154	154	deceased or ineligible to vote based on a strong match.
155	155	(f) The secretary of state may obtain, for purposes of
156	156	determining whether a voter is deceased or ineligible to vote,
157	157	information from other state agency databases relating to a voter
158	158	that is the same type of information that the secretary of state or
159	159	a voter registrar collects or stores for voter registration
160	160	purposes.
161	161	(g) The secretary of state shall conduct a review under this
162	162	section of every voter whose voter registration is effective on
163	163	September 1, 2021. This subsection expires January 1, 2023.
164	164	SECTION 9. Section 20.008, Election Code, is amended to
165	165	read as follows:
166	166	Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE [OR
167	167	REGISTRAR]. If a question arises concerning voter registration
168	168	that an agency employee cannot answer, the employee shall provide
169	169	the person[:
170	170	[(1)] the toll-free telephone number of the Elections
171	171	Division of the Office of the Secretary of State[; and
172	172	[(2) the telephone number of the voter registrar to
173	173	whom registration applications are submitted].
174	174	SECTION 10. Sections 20.033, 20.034, and 20.035, Election
175	175	Code, are amended to read as follows:
176	176	Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO
177	177	EMPLOYEE. The date of submission of a completed registration
178	178	application to the agency employee is considered to be the date of
179	179	submission to the secretary of state [voter registrar] for the
180	180	purpose of determining the effective date of registration only.
181	181	Sec. 20.034. SUBMISSION TO SECRETARY OF STATE [REGISTRAR]
182	182	BY APPLICANT. (a) The applicant may keep the registration
183	183	application form or the completed application to submit the
184	184	application personally to the secretary of state [voter registrar].
185	185	(b) The agency employee shall enter on the declination of
186	186	registration form a notation that after being given the opportunity
187	187	to register, the applicant kept the application or application form
188	188	for personal submission of the application to the secretary of
189	189	state [registrar].
190	190	Sec. 20.035. DELIVERY OF APPLICATIONS TO SECRETARY OF STATE
191	191	[REGISTRAR]. (a) The agency shall deliver to the secretary of
192	192	state [voter registrar of the county in which the agency office is
193	193	located] each completed registration application submitted to an
194	194	agency employee.
195	195	(b) An application shall be delivered to the secretary of
196	196	state [registrar] not later than the fifth day after the date the
197	197	application is submitted to the employee.
198	198	SECTION 11. Section 20.037(c), Election Code, is amended to
199	199	read as follows:
200	200	(c) An application form delivered by mail must be
201	201	accompanied by a notice informing the applicant that the
202	202	application may be submitted in person or by mail to the secretary
203	203	of state [voter registrar of the county in which the applicant
204	204	resides or in person to a volunteer deputy registrar for delivery to
205	205	the voter registrar of the county in which the applicant resides].
206	206	SECTION 12. Section 20.063, Election Code, is amended by
207	207	adding Subsection (e) to read as follows:
208	208	(e) A person who submits a voter registration application to
209	209	the department in person shall at the time of submission present as
210	210	proof of citizenship:
211	211	(1) an unexpired passport issued to the person;
212	212	(2) a certified copy of a birth certificate or other
213	213	document confirming the person's birth that is admissible in a
214	214	court of law and establishes the person's identity; or
215	215	(3) United States citizenship papers issued to the
216	216	person.
217	217	SECTION 13. Section 20.122(c), Election Code, is amended to
218	218	read as follows:
219	219	(c) The application forms must be accompanied by a notice
220	220	informing the licensees that the applications may be submitted in
221	221	person or by mail to the secretary of state [voter registrar of the
222	222	county in which they reside or in person to a volunteer deputy
223	223	registrar for delivery to the voter registrar of the county in which
224	224	they reside].
225	225	SECTION 14. Section 112.012, Election Code, is amended to
226	226	read as follows:
227	227	Sec. 112.012. NOTIFICATION TO SECRETARY OF STATE [VOTER
228	228	REGISTRAR]. Not later than the 30th day after receipt of an
229	229	application for a limited ballot, the early voting clerk shall
230	230	notify the secretary of state [voter registrar for the voter's
231	231	former county of residence] that the voter has applied for a limited
232	232	ballot.
233	233	SECTION 15. The following provisions of the Election Code
234	234	are repealed:
235	235	(1) Section 12.005;
236	236	(2) Section 12.006;
237	237	(3) Subchapter B, Chapter 13;
238	238	(4) Section 13.072(d);
239	239	(5) Section 13.121(c);
240	240	(6) Sections 13.143(d),(d-1),(d-2), and (e);
241	241	(7) Section 15.083;
242	242	(8) Section 18.012;
243	243	(9) Section 18.061(c);
244	244	(10) Section 18.064;
245	245	(11) Section 18.065; and
246	246	(12) Sections 20.065(a) and (c).
247	247	SECTION 16. This Act takes effect September 1, 2021.