87R10814 TSS-F
By: Buckingham S.B. No. 1340
A BILL TO BE ENTITLED
AN ACT
relating to voter qualification and registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.03, Code of Criminal Procedure, is
amended by adding Section 6 to read as follows:
Sec. 6. The court, after pronouncing the sentence of a
defendant adjudged guilty of a felony, shall notify the defendant
in writing of the nature and expected duration of the impact on the
defendant's voting rights in this state under Section 11.002(a)(4),
Election Code, resulting from the conviction.
SECTION 2. Chapter 11, Election Code, is amended by adding
Section 11.0021 to read as follows:
Sec. 11.0021. MEASURES TO PREVENT NONCITIZEN VOTER
REGISTRATION AND VOTING. Notwithstanding any other law, to ensure
a person who is not a citizen of the United States may not register
to vote or vote:
(1) at least twice each year, the secretary of state
shall use the United States Department of Homeland Security
database of noncitizens living in Texas to identify noncitizens
whose voter registrations should be canceled and shall take all
appropriate actions; and
(2) the Department of Public Safety shall forward to
the secretary of state the file of a person who applies for a Texas
driver's license or identification card and provides on the
application form that the person is not a citizen of the United
States.
SECTION 3. Section 12.001, Election Code, is amended to
read as follows:
Sec. 12.001. DESIGNATION OF SECRETARY OF STATE AS VOTER
REGISTRAR. (a) The secretary of state is the chief voter registrar
of the state and shall maintain the list of registered voters. The
voter registrar designated under Subsection (b) is the voter
registrar for all other purposes and shall assist the secretary of
state in the registration of voters at the direction of the
secretary of state.
(b) Except as provided by Subsection (a), the [The] county
tax assessor-collector is the voter registrar for the county unless
the position of county elections administrator is created or the
county clerk is designated as the county voter registrar.
(c) Unless otherwise provided by a rule adopted under
Section 12.0011, a reference in this code to the voter registrar, as
related to voter registration duties, means the county voter
registrar.
(d) The secretary of state shall adopt rules necessary to
implement this section.
SECTION 4. Subchapter A, Chapter 12, Election Code, is
amended by adding Section 12.0011 to read as follows:
Sec. 12.0011. CLASSIFICATION OF VOTER REGISTRATION DUTIES.
(a) The secretary of state shall adopt rules consistent with
Section 12.001 that classify the duties and functions placed on a
voter registrar under this code or another provision of law
according to whether they are to be performed by the voter registrar
or by the secretary of state.
(b) If a voter registrar is uncertain as to which person
should perform a specific duty or function that the secretary of
state has not classified, the person shall request the secretary to
classify that duty or function, and the secretary shall comply with
the request as soon as practicable.
(c) The secretary of state shall deliver a copy of each rule
proposed under this section to each voter registrar in the state not
later than the fifth day after the date notice of the proposal is
published in the Texas Register and shall deliver a copy of each
adopted rule to those persons not later than the fifth day after the
date the certified copy of the rule is filed in the secretary's
office. Failure to comply with this subsection does not affect the
validity of a rule.
(d) The secretary of state may, on 30 days' notice, adopt a
rule classifying a duty or function if the rule is needed in a
shorter time than provided by the regular rulemaking process. The
rule is considered an emergency rule for purposes of Chapter 2001,
Government Code. The secretary is not required to give notice of
the proposed rule under Subsection (c), but the secretary must give
notice of the rule's adoption under that subsection.
(e) Not later than January 1 of each odd-numbered year, the
secretary of state shall submit a report to the committees of the
senate and house of representatives with primary jurisdiction over
elections a report on the implementation of this section and the
secretary of state's maintenance of the list of registered voters
under Section 12.001.
SECTION 5. Sections 13.002(a) and (i), Election Code, are
amended to read as follows:
(a) A person desiring to register to vote must submit an
application to the registrar of the county in which the person
resides. Except as provided by Subsection (e) or Subchapter C,
Chapter 20, an application must be submitted by personal delivery,
by mail, or by telephonic facsimile machine in accordance with
Section 13.143(d-2) [Sections 13.143(d) and (d-2)].
(i) An applicant who wishes to receive an exemption from the
requirements of Section 63.001(b) on the basis of disability must
submit [include with the person's application]:
(1) written documentation:
(A) from the United States Social Security
Administration evidencing the applicant has been determined to have
a disability; or
(B) from the United States Department of Veterans
Affairs evidencing the applicant has a disability rating of at
least 50 percent; and
(2) a statement in a form prescribed by the secretary
of state that the applicant does not have a form of identification
acceptable under Section 63.0101.
SECTION 6. Subchapter A, Chapter 13, Election Code, is
amended by adding Section 13.009 to read as follows:
Sec. 13.009. ELECTRONIC VOTER REGISTRATION. (a) The
secretary of state and the Department of Public Safety shall
jointly implement a program to allow a person who is a citizen of
the United States and has an unexpired driver's license issued in
this state to complete a voter registration application
simultaneously with the person's application for an original,
renewal, or duplicate driver's license and from the official
Internet website of this state. The Internet websites of the
secretary of state and the Department of Public Safety must also
provide a link to the location of the application on the official
Internet website of this state.
(b) An applicant for electronic voter registration must:
(1) attest to the truth of the information provided on
the application by affirmatively accepting the information as true;
(2) affirmatively consent to the use of the signature
on the applicant's driver's license or personal identification card
for voter registration purposes;
(3) provide the information required under Section
13.002(c); and
(4) provide the audit number and date of issuance of
the applicant's Texas driver's license issued by the Department of
Public Safety.
(c) For each application the program shall:
(1) require that a digital copy of the applicant's
signature be obtained from the Department of Public Safety; and
(2) compare the information provided by the applicant
against Department of Public Safety records.
(d) If the information submitted by an applicant does not
match Department of Public Safety records, the program shall:
(1) notify the applicant that the application is
incomplete; and
(2) advise the applicant to correct and resubmit the
application.
(e) If the information submitted by an applicant matches
Department of Public Safety records, the program shall forward the
application to the registrar of the county in which the applicant
states that the applicant resides and to the secretary of state.
(f) An application electronically submitted under this
section is considered for all purposes as an application submitted
by mail under this title.
(g) The secretary of state shall adopt rules as necessary to
implement this section, including rules to provide for additional
security measures necessary to ensure the accuracy and integrity of
applications submitted electronically.
(h) The rules adopted under Subsection (g) must require
that:
(1) the Internet website through which a person may
complete a voter registration application include a description of
the offense described by Section 13.007 in a conspicuous location
on the website near the place where the person begins or submits the
application; and
(2) the state electronic Internet portal project be
used to authenticate the identity of a person who submits an
application electronically under this section.
SECTION 7. Section 13.046(f), Election Code, is amended to
read as follows:
(f) Except as provided by this subsection, Sections
13.039[, 13.041,] and 13.042 apply to the submission and delivery
of registration applications under this section, and for that
purpose, "volunteer deputy registrar" in those sections includes a
high school deputy registrar. A high school deputy registrar may
review an application for completeness out of the applicant's
presence. A deputy may deliver a group of applications to the
registrar by mail in an envelope or package, and, for the purpose of
determining compliance with the delivery deadline, an application
delivered by mail is considered to be delivered at the time of its
receipt by the registrar.
SECTION 8. Section 13.071, Election Code, is amended to
read as follows:
Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar
shall review each submitted application for registration to
determine whether it complies with Section 13.002 and indicates
that the applicant is eligible for registration under Section
13.001.
(b) If the application is submitted to the Department of
Public Safety in conjunction with an application for an original,
renewal, or duplicate driver's license or personal identification
card, the [The] registrar shall make the determination not later
than the seventh day after the date the application is delivered
[submitted] to the registrar.
(c) If the application is submitted in a manner other than
the manner described by Subsection (b), the registrar shall forward
the information relating to the applicant to the secretary of state
to ensure the voter is not already registered and for determining
the voter's eligibility under Section 13.001 and citizenship status
as provided by Section 13.0721.
(d) In making a determination under this section, the
registrar must compare the applicant to the lists maintained under
Sections 16.002 and 16.003.
(e) Notwithstanding a rule adopted under Section 12.0011,
the secretary of state is the final arbiter of whether an applicant
for voter registration is eligible for registration.
SECTION 9. Section 13.072, Election Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsections (a-1)
and (e) to read as follows:
(a) Unless the registrar challenges the applicant, the
registrar shall approve the application if:
(1) the registrar determines that an application
complies with Section 13.002 and indicates that the applicant is
eligible for registration under Section 13.001; and
(2) [for an applicant who has not included a statement
described by Section 13.002(c)(8)(C),] the registrar verifies with
the secretary of state:
(A) the applicant's Texas driver's license number
or number of a personal identification card issued by the
Department of Public Safety; [or]
(B) the last four digits of the applicant's
social security number; or
(C) if the applicant included a statement
described by Section 13.002(c)(8)(C), the identity of the applicant
through other means.
(a-1) For an applicant whose information was forwarded to
the secretary of state under Section 13.071, the registrar may not
make a determination under Subsection (a)(1) without confirmation
from the secretary of state that the voter is not already registered
and is eligible under Section 13.001.
(c) Except as provided by Subsection (d), if the registrar
determines that an application does not comply with Section 13.002
or does not indicate that the applicant is eligible for
registration under Section 13.001, the registrar shall reject the
application.
(d) If an application clearly indicates that the applicant
resides in another county, the registrar shall forward the
application to the other county's registrar not later than the
second day after the date the application is received [and, if the
other county is not contiguous, shall deliver written notice of
that action to the applicant not later than the seventh day after
the date the application is received]. The date of submission of a
completed application to the wrong registrar is considered to be
the date of submission to the proper registrar for purposes of
determining the effective date of the registration.
(e) The secretary of state shall adopt rules necessary to
implement this section.
SECTION 10. Subchapter C, Chapter 13, Election Code, is
amended by adding Section 13.0721 to read as follows:
Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This
section does not apply to an application for registration submitted
to the Department of Public Safety in conjunction with an
application for an original, renewal, or duplicate driver's
license.
(b) The secretary of state shall verify with the Department
of Public Safety the citizenship status of each applicant for voter
registration whose information is forwarded to the secretary of
state as provided by Section 13.071(c). If the department verifies
the applicant's citizenship status, the secretary of state shall
notify the registrar.
(c) If the applicant included a statement under Section
13.002(c)(8)(C) or the secretary of state cannot verify the
citizenship status of the applicant under Subsection (b), the
registrar and the applicant shall be notified as provided by
secretary of state rule.
(d) An applicant for voter registration who receives notice
under Subsection (c) must provide proof of citizenship to the
registrar not later than the 60th day after the date of receipt.
Except as provided by Subsection (e), this proof must be presented
in person. The following is acceptable as proof of citizenship
under this section:
(1) an unexpired passport issued to the person;
(2) a certified copy of a birth certificate or other
document confirming the person's birth that is admissible in a
court of law and establishes the person's identity, presented with
a government-issued identification that contains the person's
photograph; or
(3) United States citizenship papers issued to the
person, presented with a government-issued identification that
contains the person's photograph.
(e) An applicant may mail a certified copy of a document
described by Subsection (d)(2) or (3) with a copy of the person's
government-issued photo identification to the registrar.
(f) If an applicant does not provide proof of citizenship as
required, the registrar shall reject the application and notify the
secretary of state. The secretary of state shall keep a list of
applicants of whom the secretary receives notice under this
section.
(g) The secretary of state shall adopt rules and prescribe
procedures to implement this section.
SECTION 11. Section 13.076(a), Election Code, is amended to
read as follows:
(a) To [Except as provided by Subsection (b), to] be
entitled to a hearing on a challenge, the applicant must file a
written, signed request for a hearing with the secretary of state
[registrar] not later than the 10th day after the date of the
challenge.
SECTION 12. Sections 13.077(a), (b), and (c), Election
Code, are amended to read as follows:
(a) On the timely filing or making of a hearing request, the
secretary of state [registrar] shall schedule a hearing on the
challenge.
(b) The secretary of state [registrar] shall conduct the
hearing not later than the 10th day after the date the request is
filed or made or at a later date on the applicant's request.
(c) The applicant may appear personally at the hearing to
offer evidence or argument. The applicant may offer evidence or
argument by affidavit without personally appearing if the applicant
submits the affidavit to the secretary of state [registrar] before
the hearing begins.
SECTION 13. Section 13.078(a), Election Code, is amended to
read as follows:
(a) The secretary of state [registrar] shall deliver to a
challenged applicant written notice of the date, hour, and place
set for the hearing on the challenge not later than the second day
after the date the hearing request is filed or made.
SECTION 14. Section 13.079, Election Code, is amended to
read as follows:
Sec. 13.079. DETERMINATION OF CHALLENGE. (a) After
hearing and considering the evidence or argument, the secretary of
state [registrar] shall promptly determine the challenge and issue
a decision in writing.
(b) If the secretary of state [registrar] determines that
the applicant is eligible for registration or that the manner of
submission of the application was authorized, the secretary of
state [registrar] shall approve the application.
(c) If the secretary of state [registrar] determines that
the applicant is not eligible for registration or that the manner of
submission of the application was unauthorized, the secretary of
state [registrar] shall reject the application.
(d) The secretary of state [registrar] shall retain a copy
of the decision on file with the applicant's registration
application and shall deliver a copy to the applicant.
SECTION 15. Section 13.142(a), Election Code, is amended to
read as follows:
(a) After approval of a registration application, the
registrar shall:
(1) prepare a voter registration certificate [in
duplicate] and issue the original certificate to the applicant; and
(2) enter the applicant's county election precinct
number and registration number on the applicant's registration
application.
SECTION 16. Sections 13.143(a) and (d-2), Election Code,
are amended to read as follows:
(a) Except as provided by Subsection [Subsections] (b) [and
(e)], if an applicant's registration application is approved, the
registration becomes effective on the 30th day after the date the
application is approved [submitted to the registrar] or on the date
the applicant becomes 18 years of age, whichever is later.
(d-2) For a registration application not submitted by
personal delivery or mail [telephonic facsimile machine] to be
effective, a copy of the original registration application
containing the voter's original signature must be submitted by
personal delivery or mail and be received by the registrar not later
than the fourth business day after the submission [transmission by
telephonic facsimile machine] is received.
SECTION 17. Section 15.022(a), Election Code, is amended to
read as follows:
(a) The registrar shall make the appropriate corrections in
the registration records, including, if necessary, deleting a
voter's name from the suspense list:
(1) after receipt of a notice of a change in
registration information under Section 15.021;
(2) after receipt of a voter's reply to a notice of
investigation given under Section 16.033;
(3) after receipt of any affidavits executed under
Section 63.006, following an election;
(4) after receipt of a voter's statement of residence
executed under Section 63.0011;
(5) before the effective date of the abolishment of a
county election precinct or a change in its boundary;
(6) after receipt of United States Postal Service
information indicating an address reclassification;
(7) after receipt of a voter's response under Section
15.053; [or]
(8) after receipt of a registration application or
change of address under Chapter 20; or
(9) after determining a data entry error has occurred.
SECTION 18. Section 15.023, Election Code, is amended to
read as follows:
Sec. 15.023. TIME FOR CERTAIN DELETIONS FROM SUSPENSE LIST.
If the name of a voter [whose residence is changed] on the list of
registered voters [registration records to another county election
precinct in the same county] appears on the suspense list, the
voter's name shall be deleted from the list on the date the voter
provides a completed application to register to vote in accordance
with Section 13.002 [voter's registration in the precinct of new
residence becomes effective].
SECTION 19. Section 15.028, Election Code, is amended to
read as follows:
Sec. 15.028. NOTICE OF UNLAWFUL REGISTRATION OR VOTING [TO
PROSECUTOR]. [(a)] If the registrar determines that a person who
is not eligible to vote may have registered to vote or [a registered
voter] voted in an election, the registrar shall execute and
deliver to the secretary of state and the county or district
attorney having jurisdiction in the territory covered by the
election an affidavit stating the relevant facts.
[(b) If the election covers territory in more than one
county, the registrar shall also deliver an affidavit to the
attorney general.]
SECTION 20. Section 15.051(d), Election Code, is amended to
read as follows:
(d) The registrar shall maintain with the voter's record an
indication that a confirmation notice was sent to the voter [a list
of the confirmation notices mailed to voters, which for each notice
must include the voter's name and the date the notice is mailed.
The registrar shall maintain and retain the list in accordance with
rules prescribed by the secretary of state].
SECTION 21. Subchapter C, Chapter 15, Election Code, is
amended by adding Section 15.054 to read as follows:
Sec. 15.054. CONFIRMATION NOTICE AFTER EVIDENCE OF CHANGE
OF RESIDENCE. (a) As frequently as possible, the secretary of
state shall:
(1) request from the United States Postal Service
information from the National Change of Address database indicating
address reclassifications or changes of address affecting the
registered voters of the state;
(2) examine any information obtained from the
interstate voter registration crosscheck program under Section
18.062, indicating address reclassifications or changes of address
affecting the registered voters of the state; and
(3) identify each voter in the state who fails to vote
in any election, submit an application for a ballot to be voted by
mail under Chapter 84 or 101, or submit a change in voter
registration under Chapter 13 or 15 for two years from the date of a
general election for state and county officers.
(b) If information obtained under Subsection (a) gives the
secretary of state reason to believe a voter has changed the voter's
residence to a location outside of the county in which the voter is
registered to vote, the secretary of state shall forward the
information to the voter registrar for the county in which the voter
is registered.
(c) After receiving information on a voter under Subsection
(b), the registrar shall deliver a confirmation notice to the voter
in accordance with Section 15.051.
SECTION 22. Section 15.082(b), Election Code, is amended to
read as follows:
(b) The [fee for each] list shall be provided in accordance
with Chapter 552, Government Code [or portion of a list furnished
under this section may not exceed the actual expense incurred in
reproducing the list or portion for the person requesting it and
shall be uniform for each type of copy furnished. The registrar
shall make reasonable efforts to minimize the reproduction
expenses].
SECTION 23. Section 16.001(d), Election Code, is amended to
read as follows:
(d) With the cooperation of the secretary of state, the
Department of Public Safety shall, in accordance with federal law,
enter into an agreement with the commissioner of social security to
verify on a quarterly basis the information of voter registration
records containing a social security number. At a minimum, the
department shall verify if:
(1) the name, date of birth, and social security
number listed in the commissioner's records match those on record
with the department; and
(2) the commissioner's records show the person to be
deceased. [The secretary of state shall quarterly obtain from the
United States Social Security Administration available information
specified by the secretary relating to deceased residents of the
state.]
SECTION 24. Section 16.002, Election Code, is amended by
amending Subsection (b) and adding Subsections (c) and (d) to read
as follows:
(b) The clerk shall file each abstract with the secretary of
state and the voter registrar of the person's county of residence
not later than the 10th day of the month following the month in
which the abstract is prepared.
(c) The registrar shall maintain a list containing the name
of each person for whom the registrar receives an abstract under
Subsection (a)(1).
(d) The registrar shall remove from the list maintained
under Subsection (c) the name of a person on the date the registrar
receives an abstract under Subsection (a)(2) or (3) regarding the
person.
SECTION 25. Section 16.003, Election Code, is amended to
read as follows:
Sec. 16.003. FELONY CONVICTION. (a) Each weekday the
Department of Public Safety is regularly open for business, the
department shall file with the secretary of state and the voter
registrar of the person's county of residence an abstract:
(1) [prepare an abstract] of each final judgment
received by the department convicting a person 18 years of age or
older who is a resident of the state of a felony, including:
(A) the date of conviction;
(B) the duration of a defendant's sentence or
term of community supervision, as applicable; and
(C) the date on which the defendant is expected
to become eligible to vote under Section 11.002; and
(2) of each order received by the department pardoning
a person described by Subdivision (1) or that would otherwise
release the person from a disability to vote caused by felony
conviction [file each abstract with the secretary of state].
(b) The registrar shall maintain a list containing the name
of each person for whom the registrar receives an abstract under
Subsection (a)(1).
(c) The registrar shall remove from the list maintained
under Subsection (b) the name of a person:
(1) on the date on which the defendant is expected to
become eligible to vote as indicated on the abstract received under
Subsection (a)(1); or
(2) on the date the registrar receives an abstract
under Subsection (a)(2) indicating that the person has become
eligible to vote.
SECTION 26. Section 16.005, Election Code, is amended to
read as follows:
Sec. 16.005. PRESERVATION OF ABSTRACT OR ORDER. If an
abstract or order received under this subchapter affects a
registered voter of the county, the registrar shall retain a copy of
the abstract or order on file with the affected voter's
registration application.
SECTION 27. Section 16.032, Election Code, is amended to
read as follows:
Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST
PERIOD. If on November 30 following the second general election for
state and county officers that occurs after the date the voter's
name is entered on the suspense list a registered voter's name
appears on the suspense list, the registrar shall cancel the
voter's registration unless the name is to be deleted from the list
under Section 15.022 or 15.023.
SECTION 28. Section 16.0332(a), Election Code, is amended
to read as follows:
(a) After the registrar receives notification [a list]
under Section 18.068 of this code or Section 62.113, Government
Code, of persons excused or disqualified from jury service or
otherwise determined to be ineligible to vote because of
citizenship status, the registrar shall deliver to each registered
voter whose name appears in the notification [on the list] a written
notice requiring the voter to submit to the registrar proof of
United States citizenship in the form of a certified copy of the
voter's birth certificate, United States passport, or certificate
of naturalization or any other form prescribed by the secretary of
state. The notice must [shall] be delivered by forwardable mail to
the mailing address on the voter's registration application and to
any new address of the voter known to the registrar.
SECTION 29. Section 16.036(a), Election Code, is amended to
read as follows:
(a) Immediately after, but not later than the 30th day after
the date a voter's registration is canceled under Section
16.031(a)(3) or (4), 16.033, 16.0331, or 16.0332, the registrar
shall deliver written notice of the cancellation to the voter.
SECTION 30. Subchapter C, Chapter 16, Election Code, is
amended to read as follows:
SUBCHAPTER C. CHALLENGE OF CANCELLATION
Sec. 16.061. RIGHT TO CHALLENGE CANCELLATION. A person
whose voter registration is canceled may challenge the cancellation
at a hearing before the secretary of state [registrar].
Sec. 16.062. REQUEST FOR HEARING ON CHALLENGE. A person
desiring to challenge the cancellation of the person's registration
must file with the secretary of state [registrar] a written, signed
request for a hearing on the challenge.
Sec. 16.063. REINSTATEMENT PENDING CHALLENGE. (a) On the
filing of a hearing request under Section 16.062, the secretary of
state [registrar] shall reinstate the challenging voter's
registration pending determination of the challenge.
(b) Sections 16.037(c) and (d) apply to a reinstatement
under this section.
Sec. 16.064. HEARING ON CHALLENGE. (a) On the filing of a
hearing request, the secretary of state [registrar] shall schedule
a hearing on the challenge.
(b) The secretary of state [registrar] shall conduct the
hearing not later than the 10th day after the date the request is
filed or on a later date at the request of the challenging voter.
(c) The voter may appear personally at the hearing to offer
evidence or argument. The voter may offer evidence or argument by
affidavit without personally appearing if the voter submits the
affidavit to the secretary of state [registrar] before the hearing
begins.
Sec. 16.065. NOTICE OF HEARING. The secretary of state
[registrar] shall deliver written notice of the date, hour, and
place set for the hearing on the challenge to the challenging voter
not later than the second day after the date the hearing request is
filed.
Sec. 16.066. DETERMINATION OF CHALLENGE. (a) After
hearing and considering the evidence or argument, the secretary of
state [registrar] shall promptly determine the challenge and issue
a decision in writing.
(b) If the secretary of state [registrar] determines that
the registration should not have been canceled, the registration
continues in effect.
(c) If the secretary of state [registrar] determines that
the cancellation of the registration was proper, the secretary of
state [registrar] shall cancel the registration on the 31st day
after the date the secretary of state's [registrar's] decision is
issued.
(d) The secretary of state [registrar] shall retain a copy
of the decision on file with the duplicate registration certificate
of the challenging voter and shall deliver a copy to the voter.
SECTION 31. Subchapter D, Chapter 16, Election Code, is
amended to read as follows:
SUBCHAPTER D. CHALLENGE OF REGISTRATION
Sec. 16.091. RIGHT TO CHALLENGE REGISTRATION. Except as
otherwise provided by this subchapter, a registered voter may
challenge the registration of another voter [of the same county] at
a hearing before the secretary of state [registrar].
Sec. 16.092. SWORN STATEMENT REQUIRED. A voter desiring to
challenge a registration must file with the secretary of state
[registrar] a sworn statement of the grounds for the challenge
that:
(1) identifies the voter whose registration is being
challenged; and
(2) states a specific qualification for registration
that the challenged voter has not met based on the personal
knowledge of the voter desiring to challenge the registration or on
a public record.
Sec. 16.0921. CONFIRMATION NOTICE ON CHALLENGE BASED ON
RESIDENCE. (a) Except as provided by Subsection (c), on the filing
of a sworn statement under Section 16.092 alleging a ground based on
residence, the secretary of state shall promptly forward a copy of
the sworn statement to the voter registrar who shall promptly
deliver to the voter whose registration is challenged a
confirmation notice in accordance with Section 15.051.
(b) If the voter fails to submit a response to the registrar
in accordance with Section 15.053, the registrar shall enter the
voter's name on the suspense list.
(c) The registrar may not deliver a confirmation notice
resulting from a sworn statement under Section 16.092 alleging a
ground based on residence filed after the 75th day before the date
of the general election for state and county officers until after
the date of that election. This subsection does not apply to a
person who submits a registration application after the 75th day
and prior to the 30th day before the general election for state and
county officers.
Sec. 16.093. HEARING ON CHALLENGE. (a) On the filing of a
sworn statement under Section 16.092 alleging a ground other than
residence, the secretary of state [registrar] shall schedule a
hearing on the challenge. The hearing procedure does not apply to an
allegation of a ground based on residence.
(b) The secretary of state [registrar] shall conduct the
hearing not later than the 20th day after the date the statement is
filed or on a later date requested by either party and agreed to by
both parties.
(c) A party may appear personally at the hearing to offer
evidence or argument. A party may offer evidence or argument by
affidavit without personally appearing if the party submits the
affidavit to the secretary of state [registrar] before the hearing
begins.
Sec. 16.094. NOTICE OF HEARING. (a) The secretary of state
[registrar] shall deliver written notice of the hearing on the
challenge to each party to the controversy not later than the 15th
day before the date of the hearing.
(b) The notice must include:
(1) the date, hour, and place set for the hearing; and
(2) a brief explanation of the right to appeal the
secretary of state's [registrar's] decision.
(c) The notice delivered to the voter whose registration is
challenged must be accompanied by a copy of the sworn statement of
the grounds for the challenge.
Sec. 16.095. DETERMINATION OF CHALLENGE. (a) After
hearing and considering the evidence or argument, the secretary of
state [registrar] shall promptly determine the challenge and issue
a decision in writing.
(b) If the secretary of state [registrar] determines that
the voter's registration should not be canceled, the registration
continues in effect.
(c) If the secretary of state [registrar] determines that
the voter's registration should be canceled, the secretary of state
[registrar] shall cancel the registration on the 31st day after the
date the secretary of state's [registrar's] decision is issued.
(d) The secretary of state [registrar] shall retain a copy
of the decision on file [with the duplicate registration
certificate of the voter whose registration was challenged] and
shall deliver a copy to each party to the challenge.
SECTION 32. Section 17.001, Election Code, is amended to
read as follows:
Sec. 17.001. RIGHT OF APPEAL BY APPLICANT FOR REGISTRATION.
An applicant for voter registration is entitled to appeal an
adverse decision issued by the secretary of state [registrar] under
Section 13.079.
SECTION 33. Section 17.002, Election Code, is amended to
read as follows:
Sec. 17.002. RIGHT OF APPEAL BY REGISTERED VOTER. A party
to a challenge under Subchapter C or D of Chapter 16 is entitled to
appeal an adverse decision issued by the secretary of state
[registrar].
SECTION 34. Section 17.004, Election Code, is amended to
read as follows:
Sec. 17.004. COPY FILED WITH SECRETARY OF STATE
[REGISTRAR]. (a) Not later than the deadline for filing a petition
for review, the petitioner must deliver a copy of the petition to
the secretary of state [registrar who issued the adverse decision].
(b) A petition delivered by mail is considered to be
delivered at the time of its receipt by the secretary of state
[registrar].
SECTION 35. Section 17.005, Election Code, is amended to
read as follows:
Sec. 17.005. CANCELLATION DELAYED PENDING APPEAL. If a
voter's registration is to be canceled following a decision from
which an appeal is taken, the secretary of state [registrar] shall
delay canceling the registration, pending the outcome of the
appeal, on the timely delivery of the copy of the petition for
review.
SECTION 36. Section 17.006, Election Code, is amended to
read as follows:
Sec. 17.006. VENUE. Venue of an appeal under this chapter
is in the county where the person whose application or registration
is being challenged resides [served by the registrar who issued the
decision from which the appeal is taken].
SECTION 37. Section 17.007(c), Election Code, is amended to
read as follows:
(c) The court may not admit in evidence the fact of prior
action by the secretary of state [registrar], except to the extent
necessary to establish its jurisdiction.
SECTION 38. Section 18.061(b), Election Code, is amended to
read as follows:
(b) The statewide computerized voter registration list
must:
(1) contain the name and registration information of
each voter registered in the state;
(2) assign a unique identifier to each registered
voter; [and]
(3) assign an electronic indicator to a registered
voter about whom the secretary of state has received an abstract
under Section 16.002 or 16.003 without removing that voter from the
list; and
(4) be available to any election official in the state
through immediate electronic access.
SECTION 39. Section 18.064, Election Code, is amended to
read as follows:
Sec. 18.064. SANCTION FOR NONCOMPLIANCE. If a registrar
fails to substantially comply with Section 15.083, 16.032, 16.0332,
[or] 18.061, or 18.068 or with rules adopted by the secretary of
state implementing the statewide computerized voter registration
list, the registrar is not entitled to receive state funds for
financing voter registration in the county.
SECTION 40. Section 18.065, Election Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) The secretary of state shall monitor each registrar for
substantial compliance with Sections 15.083, 16.032, 16.0332, and
18.061 and with rules implementing the statewide computerized voter
registration list.
(e) The secretary of state shall annually audit the voter
registrar for each county's compliance with Section 15.083, 16.032,
16.0332, 18.061, and 18.068, and not later than December 31, file a
copy of the audit with the legislature.
SECTION 41. Section 18.068, Election Code, is amended to
read as follows:
Sec. 18.068. COMPARISON OF INFORMATION REGARDING
INELIGIBILITY. (a) The secretary of state shall as frequently as
possible [quarterly] compare the information received under
Sections [Section] 16.001, 16.002, and 16.003 of this code and
Section 62.113, Government Code, to the statewide computerized
voter registration list.
(a-1) The secretary of state shall enter into an agreement
with the Department of Public Safety under which information in the
database of the Department of Public Safety is provided to the
secretary of state if the information concerns a person who:
(1) is at least 18 years of age;
(2) has a valid driver's license or personal
identification card issued by the Department of Public Safety; and
(3) has indicated the person is not a citizen in
connection with an application for a new or renewal driver's
license or personal identification card.
(a-2) If the secretary of state determines from information
received under Subsection (a) or (a-1) that a voter on the
registration list may be ineligible to vote [is deceased or has been
excused or disqualified from jury service because the voter is not a
citizen], the secretary shall send notice of the determination to
the attorney general and the voter registrar of the counties
considered appropriate by the secretary.
(b) The secretary of state shall by rule determine what
information combinations identified as common to a voter and to an
individual who is deceased or ineligible to vote constitute a weak
match or a strong match in order to:
(1) produce the least possible impact on Texas voters;
and
(2) fulfill its responsibility to manage the voter
rolls.
(c) The secretary of state may not determine that a voter is
deceased or ineligible to vote based on a weak match. The
secretary of state may inform the county of the voter's residence
that a weak match exists.
(d) On receiving notification from the secretary of state
under Subsection (c) that a weak match of identifying information
exists for a county voter and an individual who is deceased, the
county shall investigate whether the voter is the individual who is
deceased.
(e) The secretary of state may determine that a voter is
deceased or ineligible to vote based on a strong match.
(f) The secretary of state may obtain, for purposes of
determining whether a voter is deceased or ineligible to vote,
information from other state agency databases or available federal
agency databases relating to a voter that is the same type of
information that the secretary of state or a voter registrar
collects or stores for voter registration purposes.
(g) Not later than December 31 of each year, the secretary
of state shall provide a report to the legislature of the number of
voters determined to be ineligible under this section during the
calendar year. The report must include the reason for
ineligibility for each voter and the result of each investigation
conducted by a county under Subsection (d).
SECTION 42. Section 18.0681(d), Election Code, is amended
to read as follows:
(d) If the secretary of state determines that a voter on the
registration list has more than one registration record on file
based on a strong match, the secretary shall send notice of the
determination to the voter registrar of each county in which the
voter is registered to vote. If the voter records identified are:
(1) located in the same county, the voter registrar
shall [may] merge the records following a determination that each
record belongs to the same voter using the procedure for the
correction of registration records under Section 15.022; or
(2) located in more than one county, the registrar of
the county with the oldest record shall [may] deliver a written
confirmation notice in accordance with Section 15.051.
SECTION 43. Section 18.069, Election Code, is amended to
read as follows:
Sec. 18.069. VOTING HISTORY. Not later than the 30th day
after the date of the primary, runoff primary, or general election
or any special election ordered by the governor, the general
custodian of election records [registrar] shall electronically
submit to the secretary of state the record of each voter
participating in the election. The record must include a notation
of whether the voter voted on election day, voted early by personal
appearance, voted early by mail under Chapter 86, or voted early by
mail under Chapter 101.
SECTION 44. Section 20.062, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) The Department of Public Safety shall prescribe and use
a form and procedure that combines the department's application
form for a license or card with an officially prescribed voter
registration application form for each United States citizen who
applies in person at the department's offices or online at the
department's Internet website.
(b) The department shall prescribe and use a change of
address form and procedure that combines department and voter
registration functions. The form must allow a licensee or
cardholder to indicate that [whether] the change of address is not
[also to be used] for voter registration purposes.
(d) A procedure prescribed under this section must provide
for the electronic transmission of an applicant's voter
registration data by the department to the secretary of state in
accordance with Section 20.066.
SECTION 45. Sections 20.063(a) and (c), Election Code, are
amended to read as follows:
(a) The Department of Public Safety shall provide to each
United States citizen [person] who applies in person or online at
the department's Internet website [at the department's offices] for
an original or renewal of a driver's license, a personal
identification card, or a duplicate or corrected license or card an
opportunity to complete a voter registration application form.
(c) A change of address that relates to a license or card and
that is submitted to the department in person, [or] by mail, or
online at the department's Internet website serves as a change of
address for voter registration unless the licensee or cardholder
indicates that the change is not for voter registration purposes.
The date of submission of a change of address to a department
employee is considered to be the date of submission to the voter
registrar for the purpose of determining the effective date of
registration [only].
SECTION 46. Section 20.091, Election Code, is amended to
read as follows:
Sec. 20.091. APPLICABILITY OF OTHER PROVISIONS. The other
provisions of this chapter do not apply to a public library unless
specifically provided by the provision or by a rule adopted by the
secretary of state [except provisions that conflict with this
subchapter].
SECTION 47. Section 31.006(a), Election Code, is amended to
read as follows:
(a) If, based on information received or discovered [after
receiving a complaint alleging criminal conduct in connection with
an election], the secretary of state determines that there is
reasonable cause to suspect that [the alleged] criminal conduct in
connection with an election occurred, the secretary shall promptly
refer the matter [complaint] to the attorney general. The secretary
shall deliver to the attorney general all pertinent documents and
other material in the secretary's possession.
SECTION 48. Section 66.058, Election Code, is amended by
adding Subsection (i) to read as follows:
(i) Upon written request from a certified peace officer
investigating an offense under this code or an attorney prosecuting
an offense under this code, the authority who is preserving
election records under this section shall provide the officer or
attorney the complete, unredacted records requested. Information
produced under this subsection is confidential and not subject to
disclosure under Chapter 552, Government Code.
SECTION 49. The following provisions of the Election Code
are repealed:
(1) Section 13.041;
(2) Section 13.074(c);
(3) Section 13.076(b);
(4) Section 13.077(d);
(5) Section 13.078(b);
(6) Sections 13.143(d) and (e);
(7) Sections 15.082(c) and (d);
(8) Subchapter F, Chapter 15;
(9) Section 18.0121;
(10) Section 18.0051; and
(11) Section 18.008(c).
SECTION 50. The changes in law made by this Act apply only
to an application to register to vote submitted on or after the
effective date of this Act.
SECTION 51. Section 6, Article 42.03, Code of Criminal
Procedure, as added by this Act, and Sections 16.003 and 16.005,
Election Code, as amended by this Act, apply only to a person
convicted of a felony on or after the effective date of this Act.
SECTION 52. This Act takes effect September 1, 2021.