Texas 2021 - 87th 1st C.S.

Texas House Bill HB140 Compare Versions

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

Old	New	Differences
1	1	87S10286 BEE-D
2	2	By: Dominguez H.B. No. 140
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, as effective
11	11	September 1, 2021, is amended to 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;
29	29	(8) after receipt of a registration application or
30	30	change of address under Chapter 20; or
31	31	(9) after notification of a data entry error of which
32	32	the voter registrar is made aware under Section 63.0051.
33	33	SECTION 2. Sections 31.012(a), (b), and (b-1), Election
34	34	Code, are amended to read as follows:
35	35	(a) The secretary of state and the voter registrar of each
36	36	county that maintains a website shall provide notice [of the
37	37	identification requirements for voting prescribed by Chapter 63
38	38	and] that straight ticket voting has been eliminated pursuant to
39	39	H.B. 25, Acts of the 85th Legislature, Regular Session, 2017, on
40	40	each entity's respective website in each language in which voter
41	41	registration and election materials are available. The secretary
42	42	of state shall prescribe the wording of the notice to be included on
43	43	the websites.
44	44	(b) [The secretary of state shall conduct a statewide effort
45	45	to educate voters regarding the identification requirements for
46	46	voting prescribed by Chapter 63.
47	47	[(b-1)] As soon as practicable after September 1, 2020, the
48	48	secretary of state shall distribute electronically to each county
49	49	election administrator and the county chair of each political party
50	50	notice that straight ticket voting has been eliminated pursuant to
51	51	H.B. 25, Acts of the 85th Legislature, Regular Session, 2017.
52	52	SECTION 3. Section 32.114(a), Election Code, as effective
53	53	September 1, 2021, is amended to read as follows:
54	54	(a) The county clerk shall provide one or more sessions of
55	55	training using the standardized training program and materials
56	56	developed and provided by the secretary of state under Section
57	57	32.111 for the election judges and clerks appointed to serve in
58	58	elections ordered by the governor or a county authority. Each
59	59	election judge shall complete the training program. The training
60	60	program must include specific procedures related to the early
61	61	voting ballot board and the central counting station, as
62	62	applicable. [Each election clerk shall complete the part of the
63	63	training program relating to the acceptance and handling of the
64	64	identification presented by a voter to an election officer under
65	65	Section 63.001.]
66	66	SECTION 4. Sections 63.001(b), (c), (d), (e), and (f),
67	67	Election Code, are amended to read as follows:
68	68	(b) On [Except as provided by Subsection (h), on] offering
69	69	to vote, a voter must present the voter's voter registration
70	70	certificate to an election officer at the polling place[:
71	71	[(1) one form of photo identification listed in
72	72	Section 63.0101(a); or
73	73	[(2) one form of identification listed in Section
74	74	63.0101(b) accompanied by the declaration described by Subsection
75	75	(i)].
76	76	(c) On presentation of a registration certificate [the
77	77	documentation required under Subsection (b)], an election officer
78	78	shall determine whether the voter's name on the registration
79	79	certificate [documentation] is on the list of registered voters for
80	80	the precinct. [If in making a determination under this subsection
81	81	the election officer determines under standards adopted by the
82	82	secretary of state that the voter's name on the documentation is
83	83	substantially similar to but does not match exactly with the name on
84	84	the list, the voter shall be accepted for voting under Subsection
85	85	(d) if the voter submits an affidavit stating that the voter is the
86	86	person on the list of registered voters.]
87	87	(d) If[, as determined under Subsection (c),] the voter's
88	88	name is on the precinct list of registered voters [and the voter's
89	89	identity can be verified from the documentation presented under
90	90	Subsection (b)], the voter shall be accepted for voting. [An
91	91	election officer may not question the reasonableness of an
92	92	impediment sworn to by a voter in a declaration described by
93	93	Subsection (i).]
94	94	(e) On accepting a voter, an election officer shall indicate
95	95	beside the voter's name on the list of registered voters that the
96	96	voter is accepted for voting. [If the voter executes a declaration
97	97	of reasonable impediment to meet the requirement for identification
98	98	under Subsection (b), the election officer must affix the voter's
99	99	voter registration number to the declaration either in numeric or
100	100	bar code form.]
101	101	(f) After determining whether to accept a voter, an election
102	102	officer shall return the voter's registration certificate
103	103	[documentation] to the voter.
104	104	SECTION 5. Section 63.0011(a), Election Code, is amended to
105	105	read as follows:
106	106	(a) Before a voter may be accepted for voting, an election
107	107	officer shall ask the voter if the voter's residence address on the
108	108	precinct list of registered voters is current and whether the voter
109	109	has changed residence within the county. If the voter's address is
110	110	omitted from the precinct list under Section 18.005(c), the officer
111	111	shall ask the voter if the voter's residence as [, if] listed [,] on
112	112	the voter's voter registration certificate [identification
113	113	presented by the voter under Section 63.001(b)] is current and
114	114	whether the voter has changed residence within the county.
115	115	SECTION 6. Section 63.004(a), Election Code, is amended to
116	116	read as follows:
117	117	(a) The secretary of state may prescribe forms that combine
118	118	the poll list, the signature roster, or any other form used in
119	119	connection with the acceptance of voters at polling places with
120	120	each other or with the list of registered voters. The secretary
121	121	shall prescribe any special instructions necessary for using the
122	122	combination forms. [The combination forms must include space for
123	123	an election officer to indicate whether a voter executed a
124	124	declaration of reasonable impediment under Section 63.001(i).]
125	125	SECTION 7. Section 63.006, Election Code, is amended to
126	126	read as follows:
127	127	Sec. 63.006. VOTER WITH CORRECT CERTIFICATE [REQUIRED
128	128	DOCUMENTATION] WHO IS NOT ON LIST. (a) A voter who, when offering to
129	129	vote, presents a voter registration certificate indicating that the
130	130	voter is currently registered in the precinct in which the voter is
131	131	offering to vote, [the documentation required under Section
132	132	63.001(b)] but whose name is not on the precinct list of registered
133	133	voters, shall be accepted for voting [if the voter also presents a
134	134	voter registration certificate indicating that the voter is
135	135	currently registered:
136	136	[(1) in the precinct in which the voter is offering to
137	137	vote; or
138	138	[(2) in a different precinct in the same county as the
139	139	precinct in which the voter is offering to vote and the voter
140	140	executes an affidavit stating that the voter:
141	141	[(A) is a resident of the precinct in which the
142	142	voter is offering to vote or is otherwise entitled by law to vote in
143	143	that precinct;
144	144	[(B) was a resident of the precinct in which the
145	145	voter is offering to vote at the time the information on the voter's
146	146	residence address was last provided to the voter registrar;
147	147	[(C) did not deliberately provide false
148	148	information to secure registration in a precinct in which the voter
149	149	does not reside; and
150	150	[(D) is voting only once in the election].
151	151	(b) After the voter is accepted, an election officer shall
152	152	[:
153	153	[(1)] indicate beside the voter's name on the poll list
154	154	that the voter was accepted under this section[; and
155	155	[(2) enter the voter's name on the registration
156	156	omissions list].
157	157	SECTION 8. Chapter 63, Election Code, is amended by adding
158	158	Sections 63.007 and 63.008 to read as follows:
159	159	Sec. 63.007. VOTER WITH INCORRECT CERTIFICATE WHO IS NOT ON
160	160	LIST. (a) A voter who, when offering to vote, presents a voter
161	161	registration certificate indicating that the voter is currently
162	162	registered in a different precinct from the one in which the voter
163	163	is offering to vote, and whose name is not on the precinct list of
164	164	registered voters, shall be accepted for voting if the voter
165	165	executes an affidavit stating that the voter:
166	166	(1) is a resident of the precinct in which the voter is
167	167	offering to vote or is otherwise entitled by law to vote in that
168	168	precinct;
169	169	(2) was a resident of the precinct in which the voter
170	170	is offering to vote at the time the information on the voter's
171	171	residence address was last provided to the voter registrar;
172	172	(3) did not deliberately provide false information to
173	173	secure registration in a precinct in which the voter does not
174	174	reside; and
175	175	(4) is voting only once in the election.
176	176	(b) After the voter is accepted, an election officer shall
177	177	indicate beside the voter's name on the poll list that the voter was
178	178	accepted under this section.
179	179	Sec. 63.008. VOTER WITHOUT CERTIFICATE WHO IS ON LIST. (a) A
180	180	voter who does not present a voter registration certificate when
181	181	offering to vote, but whose name is on the list of registered voters
182	182	for the precinct in which the voter is offering to vote, shall be
183	183	accepted for voting if the voter executes an affidavit stating that
184	184	the voter does not have the voter's voter registration certificate
185	185	in the voter's possession at the polling place at the time of
186	186	offering to vote and the voter presents proof of identification in a
187	187	form described by Section 63.0101.
188	188	(b) If the requirements prescribed by Subsection (a) are not
189	189	met, the voter may be accepted for provisional voting only under
190	190	Section 63.011.
191	191	SECTION 9. Section 63.009, Election Code, is amended to
192	192	read as follows:
193	193	Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.
194	194	(a) Except as provided by Subsection (b), a [A] voter who does not
195	195	present a voter registration certificate when offering to vote, and
196	196	whose name is not on the list of registered voters for the precinct
197	197	in which the voter is offering to vote, shall be accepted for
198	198	provisional voting if the voter executes an affidavit in accordance
199	199	with Section 63.011.
200	200	(b) If an election officer can determine from the voter
201	201	registrar that the person is a registered voter of the county and
202	202	the person presents proof of identification, the affidavits
203	203	required by Sections 63.007 and 63.008 are substituted for the
204	204	affidavit required by Section 63.011 in complying with that
205	205	section. After the voter is accepted under this subsection, an
206	206	election officer shall also indicate beside the voter's name on the
207	207	poll list that the voter was accepted under this section.
208	208	SECTION 10. Section 63.0101(a), Election Code, is amended
209	209	to read as follows:
210	210	(a) The following documentation is [an] acceptable as proof
211	211	[form] of [photo] identification under this chapter:
212	212	(1) a driver's license[, election identification
213	213	certificate,] or personal identification card issued to the person
214	214	by the Department of Public Safety or a similar document issued to
215	215	the person by an agency of another state, regardless of whether the
216	216	license or card [that] has [not] expired [or that expired no earlier
217	217	than four years before the date of presentation];
218	218	(2) a form of identification containing the person's
219	219	photograph that establishes the person's identity [United States
220	220	military identification card that contains the person's photograph
221	221	that has not expired or that expired no earlier than four years
222	222	before the date of presentation];
223	223	(3) a birth certificate or other document confirming
224	224	birth that is admissible in a court of law and establishes the
225	225	person's identity;
226	226	(4) United States citizenship papers [certificate
227	227	issued to the person that contains the person's photograph];
228	228	(5) [(4)] a United States passport book or card issued
229	229	to the person [that has not expired or that expired no earlier than
230	230	four years before the date of presentation];
231	231	(6) official mail addressed to the person by name from
232	232	a governmental entity;
233	233	(7) a copy of a current utility bill, bank statement,
234	234	government check, paycheck, or other government document that shows
235	235	the name and address of the voter; or
236	236	(8) any other form of identification prescribed by the
237	237	secretary of state [or
238	238	[(5) a license to carry a handgun issued to the person
239	239	by the Department of Public Safety that has not expired or that
240	240	expired no earlier than four years before the date of
241	241	presentation].
242	242	SECTION 11. Sections 63.011(a) and (b), Election Code, are
243	243	amended to read as follows:
244	244	(a) A person to whom Section 63.008(b) or 63.009(a)
245	245	[63.001(g) or 63.009] applies may cast a provisional ballot if the
246	246	person executes an affidavit stating that the person:
247	247	(1) is a registered voter in the precinct in which the
248	248	person seeks to vote; and
249	249	(2) is eligible to vote in the election.
250	250	(b) A form for an affidavit required by this section must be
251	251	printed on an envelope in which the provisional ballot voted by the
252	252	person may be placed and must include[:
253	253	[(1)] a space for entering the identification number
254	254	of the provisional ballot voted by the person[; and
255	255	[(2) a space for an election officer to indicate
256	256	whether the person presented a form of identification described by
257	257	Section 63.0101].
258	258	SECTION 12. Section 64.012(b), Election Code, is amended to
259	259	read as follows:
260	260	(b) An offense under this section is a felony of the third
261	261	[second] degree unless the person is convicted of an attempt. In
262	262	that case, the offense is a Class A misdemeanor [state jail felony].
263	263	SECTION 13. Section 65.054(b), Election Code, is amended to
264	264	read as follows:
265	265	(b) A provisional ballot may [shall] be accepted only if the
266	266	board determines that, [:
267	267	[(1)] from the information in the affidavit or
268	268	contained in public records, the person is eligible to vote in the
269	269	election and has not previously voted in that election[;
270	270	[(2) the person:
271	271	[(A) meets the identification requirements of
272	272	Section 63.001(b) at the time the ballot was cast or in the period
273	273	prescribed under Section 65.0541;
274	274	[(B) notwithstanding Chapter 110, Civil Practice
275	275	and Remedies Code, executes an affidavit under penalty of perjury
276	276	that states the voter has a religious objection to being
277	277	photographed and the voter has consistently refused to be
278	278	photographed for any governmental purpose from the time the voter
279	279	has held this belief; or
280	280	[(C) executes an affidavit under penalty of
281	281	perjury that states the voter does not have any identification
282	282	meeting the requirements of Section 63.001(b) as a result of a
283	283	natural disaster that was declared by the president of the United
284	284	States or the governor, occurred not earlier than 45 days before the
285	285	date the ballot was cast, and caused the destruction of or inability
286	286	to access the voter's identification; and
287	287	[(3) the voter has not been challenged and voted a
288	288	provisional ballot solely because the voter did not meet the
289	289	requirements for identification prescribed by Section 63.001(b)].
290	290	SECTION 14. Section 66.0241, Election Code, is amended to
291	291	read as follows:
292	292	Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
293	293	must contain:
294	294	(1) the precinct list of registered voters;
295	295	(2) the registration correction list;
296	296	(3) any statements of residence executed under Section
297	297	63.0011; and
298	298	(4) any affidavits executed under Section 63.007
299	299	[63.006] or 63.011.
300	300	SECTION 15. Section 272.011(b), Election Code, is amended
301	301	to read as follows:
302	302	(b) The secretary of state shall prepare the translation for
303	303	election materials required to be provided in a language other than
304	304	English or Spanish for the following state prescribed voter forms:
305	305	(1) voter registration application form required by
306	306	Section 13.002;
307	307	(2) the confirmation form required by Section 15.051;
308	308	(3) the voting instruction poster required by Section
309	309	62.011;
310	310	(4) [the reasonable impediment declaration required
311	311	by Section 63.001(b);
312	312	[(5)] the statement of residence form required by
313	313	Section 63.0011;
314	314	(5) [(6)] the provisional ballot affidavit required
315	315	by Section 63.011;
316	316	(6) [(7)] the application for a ballot by mail
317	317	required by Section 84.011;
318	318	(7) [(8)] the carrier envelope and voting
319	319	instructions required by Section 86.013; and
320	320	(8) [(9)] any other voter forms that the secretary of
321	321	state identifies as frequently used and for which state resources
322	322	are otherwise available.
323	323	SECTION 16. (a) The following provisions of the Election
324	324	Code are repealed:
325	325	(1) Section 13.002(i);
326	326	(2) Section 15.001(c);
327	327	(3) Section 15.005;
328	328	(4) Section 31.013;
329	329	(5) Section 32.111(c);
330	330	(6) Section 62.016;
331	331	(7) Sections 63.001(c-1), (g), (h), and (i);
332	332	(8) Section 63.0013;
333	333	(9) Sections 63.0101(b) and (c); and
334	334	(10) Section 65.0541.
335	335	(b) Sections 191.0046(e) and (f), Health and Safety Code,
336	336	are repealed.
337	337	(c) Chapter 521A, Transportation Code, is repealed.
338	338	SECTION 17. The changes in law made by this Act in amending
339	339	Section 64.012(b), Election Code, and repealing Section 63.0013,
340	340	Election Code, apply only to an offense committed on or after the
341	341	effective date of this Act. An offense committed before the
342	342	effective date of this Act is governed by the law in effect on the
343	343	date the offense was committed, and the former law is continued in
344	344	effect for that purpose. For purposes of this section, an offense
345	345	was committed before the effective date of this Act if any element
346	346	of the offense occurred before that date.
347	347	SECTION 18. This Act takes effect on the 91st day after the
348	348	last day of the legislative session.