Texas 2021 - 87th Regular

Texas House Bill HB1366 Compare Versions

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

Old	New	Differences
1	1	87R1512 TSS-D
2	2	By: Israel H.B. No. 1366
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, are amended to read as follows:
33	33	(a) The secretary of state and the voter registrar of each
34	34	county that maintains a website shall provide notice [of the
35	35	identification requirements for voting prescribed by Chapter 63
36	36	and] that straight ticket voting has been eliminated pursuant to
37	37	H.B. 25, Acts of the 85th Legislature, Regular Session, 2017, on
38	38	each entity's respective website in each language in which voter
39	39	registration and election materials are available. The secretary
40	40	of state shall prescribe the wording of the notice to be included on
41	41	the websites.
42	42	(b) [The secretary of state shall conduct a statewide effort
43	43	to educate voters regarding the identification requirements for
44	44	voting prescribed by Chapter 63.
45	45	[(b-1)] As soon as practicable after September 1, 2020, the
46	46	secretary of state shall distribute electronically to each county
47	47	election administrator and the county chair of each political party
48	48	notice that straight ticket voting has been eliminated pursuant to
49	49	H.B. 25, Acts of the 85th Legislature, Regular Session, 2017.
50	50	SECTION 3. Section 32.114(a), Election Code, is amended to
51	51	read as follows:
52	52	(a) The county clerk shall provide one or more sessions of
53	53	training using the standardized training program and materials
54	54	developed and provided by the secretary of state under Section
55	55	32.111 for the election judges and clerks appointed to serve in
56	56	elections ordered by the governor or a county authority. Each
57	57	election judge shall complete the training program. [Each election
58	58	clerk shall complete the part of the training program relating to
59	59	the acceptance and handling of the identification presented by a
60	60	voter to an election officer under Section 63.001.]
61	61	SECTION 4. Sections 63.001(b), (c), (d), (e), and (f),
62	62	Election Code, are amended to read as follows:
63	63	(b) On [Except as provided by Subsection (h), on] offering
64	64	to vote, a voter must present the voter's voter registration
65	65	certificate to an election officer at the polling place[:
66	66	[(1) one form of photo identification listed in
67	67	Section 63.0101(a); or
68	68	[(2) one form of identification listed in Section
69	69	63.0101(b) accompanied by the declaration described by Subsection
70	70	(i)].
71	71	(c) On presentation of a registration certificate [the
72	72	documentation required under Subsection (b)], an election officer
73	73	shall determine whether the voter's name on the registration
74	74	certificate [documentation] is on the list of registered voters for
75	75	the precinct. [If in making a determination under this subsection
76	76	the election officer determines under standards adopted by the
77	77	secretary of state that the voter's name on the documentation is
78	78	substantially similar to but does not match exactly with the name on
79	79	the list, the voter shall be accepted for voting under Subsection
80	80	(d) if the voter submits an affidavit stating that the voter is the
81	81	person on the list of registered voters.]
82	82	(d) If[, as determined under Subsection (c),] the voter's
83	83	name is on the precinct list of registered voters [and the voter's
84	84	identity can be verified from the documentation presented under
85	85	Subsection (b)], the voter shall be accepted for voting. [An
86	86	election officer may not question the reasonableness of an
87	87	impediment sworn to by a voter in a declaration described by
88	88	Subsection (i).]
89	89	(e) On accepting a voter, an election officer shall indicate
90	90	beside the voter's name on the list of registered voters that the
91	91	voter is accepted for voting. [If the voter executes a declaration
92	92	of reasonable impediment to meet the requirement for identification
93	93	under Subsection (b), the election officer must affix the voter's
94	94	voter registration number to the declaration either in numeric or
95	95	bar code form.]
96	96	(f) After determining whether to accept a voter, an election
97	97	officer shall return the voter's registration certificate
98	98	[documentation] to the voter.
99	99	SECTION 5. Section 63.0011(a), Election Code, is amended to
100	100	read as follows:
101	101	(a) Before a voter may be accepted for voting, an election
102	102	officer shall ask the voter if the voter's residence address on the
103	103	precinct list of registered voters is current and whether the voter
104	104	has changed residence within the county. If the voter's address is
105	105	omitted from the precinct list under Section 18.005(c), the officer
106	106	shall ask the voter if the voter's residence as [, if] listed [,] on
107	107	the voter's voter registration certificate [identification
108	108	presented by the voter under Section 63.001(b)] is current and
109	109	whether the voter has changed residence within the county.
110	110	SECTION 6. Section 63.004(a), Election Code, is amended to
111	111	read as follows:
112	112	(a) The secretary of state may prescribe forms that combine
113	113	the poll list, the signature roster, or any other form used in
114	114	connection with the acceptance of voters at polling places with
115	115	each other or with the list of registered voters. The secretary
116	116	shall prescribe any special instructions necessary for using the
117	117	combination forms. [The combination forms must include space for
118	118	an election officer to indicate whether a voter executed a
119	119	declaration of reasonable impediment under Section 63.001(i).]
120	120	SECTION 7. Section 63.006, Election Code, is amended to
121	121	read as follows:
122	122	Sec. 63.006. VOTER WITH CORRECT CERTIFICATE [REQUIRED
123	123	DOCUMENTATION] WHO IS NOT ON LIST. (a) A voter who, when offering to
124	124	vote, presents a voter registration certificate indicating that the
125	125	voter is currently registered in the precinct in which the voter is
126	126	offering to vote, [the documentation required under Section
127	127	63.001(b)] but whose name is not on the precinct list of registered
128	128	voters, shall be accepted for voting [if the voter also presents a
129	129	voter registration certificate indicating that the voter is
130	130	currently registered:
131	131	[(1) in the precinct in which the voter is offering to
132	132	vote; or
133	133	[(2) in a different precinct in the same county as the
134	134	precinct in which the voter is offering to vote and the voter
135	135	executes an affidavit stating that the voter:
136	136	[(A) is a resident of the precinct in which the
137	137	voter is offering to vote or is otherwise entitled by law to vote in
138	138	that precinct;
139	139	[(B) was a resident of the precinct in which the
140	140	voter is offering to vote at the time the information on the voter's
141	141	residence address was last provided to the voter registrar;
142	142	[(C) did not deliberately provide false
143	143	information to secure registration in a precinct in which the voter
144	144	does not reside; and
145	145	[(D) is voting only once in the election].
146	146	(b) After the voter is accepted, an election officer shall
147	147	[:
148	148	[(1)] indicate beside the voter's name on the poll list
149	149	that the voter was accepted under this section[; and
150	150	[(2) enter the voter's name on the registration
151	151	omissions list].
152	152	SECTION 8. Chapter 63, Election Code, is amended by adding
153	153	Sections 63.007 and 63.008 to read as follows:
154	154	Sec. 63.007. VOTER WITH INCORRECT CERTIFICATE WHO IS NOT ON
155	155	LIST. (a) A voter who, when offering to vote, presents a voter
156	156	registration certificate indicating that the voter is currently
157	157	registered in a different precinct from the one in which the voter
158	158	is offering to vote, and whose name is not on the precinct list of
159	159	registered voters, shall be accepted for voting if the voter
160	160	executes an affidavit stating that the voter:
161	161	(1) is a resident of the precinct in which the voter is
162	162	offering to vote or is otherwise entitled by law to vote in that
163	163	precinct;
164	164	(2) was a resident of the precinct in which the voter
165	165	is offering to vote at the time the information on the voter's
166	166	residence address was last provided to the voter registrar;
167	167	(3) did not deliberately provide false information to
168	168	secure registration in a precinct in which the voter does not
169	169	reside; and
170	170	(4) is voting only once in the election.
171	171	(b) After the voter is accepted, an election officer shall
172	172	indicate beside the voter's name on the poll list that the voter was
173	173	accepted under this section.
174	174	Sec. 63.008. VOTER WITHOUT CERTIFICATE WHO IS ON LIST. (a) A
175	175	voter who does not present a voter registration certificate when
176	176	offering to vote, but whose name is on the list of registered voters
177	177	for the precinct in which the voter is offering to vote, shall be
178	178	accepted for voting if the voter executes an affidavit stating that
179	179	the voter does not have the voter's voter registration certificate
180	180	in the voter's possession at the polling place at the time of
181	181	offering to vote and the voter presents proof of identification in a
182	182	form described by Section 63.0101.
183	183	(b) If the requirements prescribed by Subsection (a) are not
184	184	met, the voter may be accepted for provisional voting only under
185	185	Section 63.011.
186	186	SECTION 9. Section 63.009, Election Code, is amended to
187	187	read as follows:
188	188	Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.
189	189	(a) Except as provided by Subsection (b), a [A] voter who does not
190	190	present a voter registration certificate when offering to vote, and
191	191	whose name is not on the list of registered voters for the precinct
192	192	in which the voter is offering to vote, shall be accepted for
193	193	provisional voting if the voter executes an affidavit in accordance
194	194	with Section 63.011.
195	195	(b) If an election officer can determine from the voter
196	196	registrar that the person is a registered voter of the county and
197	197	the person presents proof of identification, the affidavits
198	198	required by Sections 63.007 and 63.008 are substituted for the
199	199	affidavit required by Section 63.011 in complying with that
200	200	section. After the voter is accepted under this subsection, an
201	201	election officer shall also indicate beside the voter's name on the
202	202	poll list that the voter was accepted under this section.
203	203	SECTION 10. Section 63.0101(a), Election Code, is amended
204	204	to read as follows:
205	205	(a) The following documentation is [an] acceptable as proof
206	206	[form] of [photo] identification under this chapter:
207	207	(1) a driver's license[, election identification
208	208	certificate,] or personal identification card issued to the person
209	209	by the Department of Public Safety or a similar document issued to
210	210	the person by an agency of another state, regardless of whether the
211	211	license or card [that] has [not] expired [or that expired no earlier
212	212	than four years before the date of presentation];
213	213	(2) a form of identification containing the person's
214	214	photograph that establishes the person's identity [United States
215	215	military identification card that contains the person's photograph
216	216	that has not expired or that expired no earlier than four years
217	217	before the date of presentation];
218	218	(3) a birth certificate or other document confirming
219	219	birth that is admissible in a court of law and establishes the
220	220	person's identity;
221	221	(4) United States citizenship papers [certificate
222	222	issued to the person that contains the person's photograph];
223	223	(5) [(4)] a United States passport book or card issued
224	224	to the person [that has not expired or that expired no earlier than
225	225	four years before the date of presentation];
226	226	(6) official mail addressed to the person by name from
227	227	a governmental entity;
228	228	(7) a copy of a current utility bill, bank statement,
229	229	government check, paycheck, or other government document that shows
230	230	the name and address of the voter; or
231	231	(8) any other form of identification prescribed by the
232	232	secretary of state [or
233	233	[(5) a license to carry a handgun issued to the person
234	234	by the Department of Public Safety that has not expired or that
235	235	expired no earlier than four years before the date of
236	236	presentation].
237	237	SECTION 11. Sections 63.011(a) and (b), Election Code, are
238	238	amended to read as follows:
239	239	(a) A person to whom Section 63.008(b) or 63.009(a)
240	240	[63.001(g) or 63.009] applies may cast a provisional ballot if the
241	241	person executes an affidavit stating that the person:
242	242	(1) is a registered voter in the precinct in which the
243	243	person seeks to vote; and
244	244	(2) is eligible to vote in the election.
245	245	(b) A form for an affidavit required by this section must be
246	246	printed on an envelope in which the provisional ballot voted by the
247	247	person may be placed and must include[:
248	248	[(1)] a space for entering the identification number
249	249	of the provisional ballot voted by the person[; and
250	250	[(2) a space for an election officer to indicate
251	251	whether the person presented a form of identification described by
252	252	Section 63.0101].
253	253	SECTION 12. Section 64.012(b), Election Code, is amended to
254	254	read as follows:
255	255	(b) An offense under this section is a felony of the third
256	256	[second] degree unless the person is convicted of an attempt. In
257	257	that case, the offense is a Class A misdemeanor [state jail felony].
258	258	SECTION 13. Section 65.054(b), Election Code, is amended to
259	259	read as follows:
260	260	(b) A provisional ballot may [shall] be accepted only if the
261	261	board determines that, [:
262	262	[(1)] from the information in the affidavit or
263	263	contained in public records, the person is eligible to vote in the
264	264	election and has not previously voted in that election[;
265	265	[(2) the person:
266	266	[(A) meets the identification requirements of
267	267	Section 63.001(b) at the time the ballot was cast or in the period
268	268	prescribed under Section 65.0541;
269	269	[(B) notwithstanding Chapter 110, Civil Practice
270	270	and Remedies Code, executes an affidavit under penalty of perjury
271	271	that states the voter has a religious objection to being
272	272	photographed and the voter has consistently refused to be
273	273	photographed for any governmental purpose from the time the voter
274	274	has held this belief; or
275	275	[(C) executes an affidavit under penalty of
276	276	perjury that states the voter does not have any identification
277	277	meeting the requirements of Section 63.001(b) as a result of a
278	278	natural disaster that was declared by the president of the United
279	279	States or the governor, occurred not earlier than 45 days before the
280	280	date the ballot was cast, and caused the destruction of or inability
281	281	to access the voter's identification; and
282	282	[(3) the voter has not been challenged and voted a
283	283	provisional ballot solely because the voter did not meet the
284	284	requirements for identification prescribed by Section 63.001(b)].
285	285	SECTION 14. Section 66.0241, Election Code, is amended to
286	286	read as follows:
287	287	Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
288	288	must contain:
289	289	(1) the precinct list of registered voters;
290	290	(2) the registration correction list;
291	291	(3) any statements of residence executed under Section
292	292	63.0011; and
293	293	(4) any affidavits executed under Section 63.007
294	294	[63.006] or 63.011.
295	295	SECTION 15. Section 272.011(b), Election Code, is amended
296	296	to read as follows:
297	297	(b) The secretary of state shall prepare the translation for
298	298	election materials required to be provided in a language other than
299	299	English or Spanish for the following state prescribed voter forms:
300	300	(1) voter registration application form required by
301	301	Section 13.002;
302	302	(2) the confirmation form required by Section 15.051;
303	303	(3) the voting instruction poster required by Section
304	304	62.011;
305	305	(4) [the reasonable impediment declaration required
306	306	by Section 63.001(b);
307	307	[(5)] the statement of residence form required by
308	308	Section 63.0011;
309	309	(5) [(6)] the provisional ballot affidavit required
310	310	by Section 63.011;
311	311	(6) [(7)] the application for a ballot by mail
312	312	required by Section 84.011;
313	313	(7) [(8)] the carrier envelope and voting
314	314	instructions required by Section 86.013; and
315	315	(8) [(9)] any other voter forms that the secretary of
316	316	state identifies as frequently used and for which state resources
317	317	are otherwise available.
318	318	SECTION 16. (a) The following provisions of the Election
319	319	Code are repealed:
320	320	(1) Section 13.002(i);
321	321	(2) Section 15.001(c);
322	322	(3) Section 15.005;
323	323	(4) Section 31.013;
324	324	(5) Section 32.111(c);
325	325	(6) Section 62.016;
326	326	(7) Sections 63.001(c-1), (g), (h), and (i);
327	327	(8) Section 63.0013;
328	328	(9) Sections 63.0101(b) and (c); and
329	329	(10) Section 65.0541.
330	330	(b) Sections 191.0046(e) and (f), Health and Safety Code,
331	331	are repealed.
332	332	(c) Chapter 521A, Transportation Code, is repealed.
333	333	SECTION 17. The changes in law made by this Act in amending
334	334	Section 64.012(b), Election Code, and repealing Section 63.0013,
335	335	Election Code, apply only to an offense committed on or after the
336	336	effective date of this Act. An offense committed before the
337	337	effective date of this Act is governed by the law in effect on the
338	338	date the offense was committed, and the former law is continued in
339	339	effect for that purpose. For purposes of this section, an offense
340	340	was committed before the effective date of this Act if any element
341	341	of the offense occurred before that date.
342	342	SECTION 18. This Act takes effect September 1, 2021.