87S10286 BEE-D
By: Dominguez H.B. No. 140
A BILL TO BE ENTITLED
AN ACT
relating to requirements to vote, including presenting proof of
identification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.022(a), Election Code, as effective
September 1, 2021, 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 63.007 [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;
(8) after receipt of a registration application or
change of address under Chapter 20; or
(9) after notification of a data entry error of which
the voter registrar is made aware under Section 63.0051.
SECTION 2. Sections 31.012(a), (b), and (b-1), Election
Code, are amended to read as follows:
(a) The secretary of state and the voter registrar of each
county that maintains a website shall provide notice [of the
identification requirements for voting prescribed by Chapter 63
and] that straight ticket voting has been eliminated pursuant to
H.B. 25, Acts of the 85th Legislature, Regular Session, 2017, on
each entity's respective website in each language in which voter
registration and election materials are available. The secretary
of state shall prescribe the wording of the notice to be included on
the websites.
(b) [The secretary of state shall conduct a statewide effort
to educate voters regarding the identification requirements for
voting prescribed by Chapter 63.
[(b-1)] As soon as practicable after September 1, 2020, the
secretary of state shall distribute electronically to each county
election administrator and the county chair of each political party
notice that straight ticket voting has been eliminated pursuant to
H.B. 25, Acts of the 85th Legislature, Regular Session, 2017.
SECTION 3. Section 32.114(a), Election Code, as effective
September 1, 2021, is amended to read as follows:
(a) The county clerk shall provide one or more sessions of
training using the standardized training program and materials
developed and provided by the secretary of state under Section
32.111 for the election judges and clerks appointed to serve in
elections ordered by the governor or a county authority. Each
election judge shall complete the training program. The training
program must include specific procedures related to the early
voting ballot board and the central counting station, as
applicable. [Each election clerk shall complete the part of the
training program relating to the acceptance and handling of the
identification presented by a voter to an election officer under
Section 63.001.]
SECTION 4. Sections 63.001(b), (c), (d), (e), and (f),
Election Code, are amended to read as follows:
(b) On [Except as provided by Subsection (h), on] offering
to vote, a voter must present the voter's voter registration
certificate to an election officer at the polling place[:
[(1) one form of photo identification listed in
Section 63.0101(a); or
[(2) one form of identification listed in Section
63.0101(b) accompanied by the declaration described by Subsection
(i)].
(c) On presentation of a registration certificate [the
documentation required under Subsection (b)], an election officer
shall determine whether the voter's name on the registration
certificate [documentation] is on the list of registered voters for
the precinct. [If in making a determination under this subsection
the election officer determines under standards adopted by the
secretary of state that the voter's name on the documentation is
substantially similar to but does not match exactly with the name on
the list, the voter shall be accepted for voting under Subsection
(d) if the voter submits an affidavit stating that the voter is the
person on the list of registered voters.]
(d) If[, as determined under Subsection (c),] the voter's
name is on the precinct list of registered voters [and the voter's
identity can be verified from the documentation presented under
Subsection (b)], the voter shall be accepted for voting. [An
election officer may not question the reasonableness of an
impediment sworn to by a voter in a declaration described by
Subsection (i).]
(e) On accepting a voter, an election officer shall indicate
beside the voter's name on the list of registered voters that the
voter is accepted for voting. [If the voter executes a declaration
of reasonable impediment to meet the requirement for identification
under Subsection (b), the election officer must affix the voter's
voter registration number to the declaration either in numeric or
bar code form.]
(f) After determining whether to accept a voter, an election
officer shall return the voter's registration certificate
[documentation] to the voter.
SECTION 5. Section 63.0011(a), Election Code, is amended to
read as follows:
(a) Before a voter may be accepted for voting, an election
officer shall ask the voter if the voter's residence address on the
precinct list of registered voters is current and whether the voter
has changed residence within the county. If the voter's address is
omitted from the precinct list under Section 18.005(c), the officer
shall ask the voter if the voter's residence as [, if] listed [,] on
the voter's voter registration certificate [identification
presented by the voter under Section 63.001(b)] is current and
whether the voter has changed residence within the county.
SECTION 6. Section 63.004(a), Election Code, is amended to
read as follows:
(a) The secretary of state may prescribe forms that combine
the poll list, the signature roster, or any other form used in
connection with the acceptance of voters at polling places with
each other or with the list of registered voters. The secretary
shall prescribe any special instructions necessary for using the
combination forms. [The combination forms must include space for
an election officer to indicate whether a voter executed a
declaration of reasonable impediment under Section 63.001(i).]
SECTION 7. Section 63.006, Election Code, is amended to
read as follows:
Sec. 63.006. VOTER WITH CORRECT CERTIFICATE [REQUIRED
DOCUMENTATION] WHO IS NOT ON LIST. (a) A voter who, when offering to
vote, presents a voter registration certificate indicating that the
voter is currently registered in the precinct in which the voter is
offering to vote, [the documentation required under Section
63.001(b)] but whose name is not on the precinct list of registered
voters, shall be accepted for voting [if the voter also presents a
voter registration certificate indicating that the voter is
currently registered:
[(1) in the precinct in which the voter is offering to
vote; or
[(2) in a different precinct in the same county as the
precinct in which the voter is offering to vote and the voter
executes an affidavit stating that the voter:
[(A) is a resident of the precinct in which the
voter is offering to vote or is otherwise entitled by law to vote in
that precinct;
[(B) was a resident of the precinct in which the
voter is offering to vote at the time the information on the voter's
residence address was last provided to the voter registrar;
[(C) did not deliberately provide false
information to secure registration in a precinct in which the voter
does not reside; and
[(D) is voting only once in the election].
(b) After the voter is accepted, an election officer shall
[:
[(1)] indicate beside the voter's name on the poll list
that the voter was accepted under this section[; and
[(2) enter the voter's name on the registration
omissions list].
SECTION 8. Chapter 63, Election Code, is amended by adding
Sections 63.007 and 63.008 to read as follows:
Sec. 63.007. VOTER WITH INCORRECT CERTIFICATE WHO IS NOT ON
LIST. (a) A voter who, when offering to vote, presents a voter
registration certificate indicating that the voter is currently
registered in a different precinct from the one in which the voter
is offering to vote, and whose name is not on the precinct list of
registered voters, shall be accepted for voting if the voter
executes an affidavit stating that the voter:
(1) is a resident of the precinct in which the voter is
offering to vote or is otherwise entitled by law to vote in that
precinct;
(2) was a resident of the precinct in which the voter
is offering to vote at the time the information on the voter's
residence address was last provided to the voter registrar;
(3) did not deliberately provide false information to
secure registration in a precinct in which the voter does not
reside; and
(4) is voting only once in the election.
(b) After the voter is accepted, an election officer shall
indicate beside the voter's name on the poll list that the voter was
accepted under this section.
Sec. 63.008. VOTER WITHOUT CERTIFICATE WHO IS ON LIST. (a) A
voter who does not present a voter registration certificate when
offering to vote, but whose name is on the list of registered voters
for the precinct in which the voter is offering to vote, shall be
accepted for voting if the voter executes an affidavit stating that
the voter does not have the voter's voter registration certificate
in the voter's possession at the polling place at the time of
offering to vote and the voter presents proof of identification in a
form described by Section 63.0101.
(b) If the requirements prescribed by Subsection (a) are not
met, the voter may be accepted for provisional voting only under
Section 63.011.
SECTION 9. Section 63.009, Election Code, is amended to
read as follows:
Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.
(a) Except as provided by Subsection (b), a [A] voter who does not
present a voter registration certificate when offering to vote, and
whose name is not on the list of registered voters for the precinct
in which the voter is offering to vote, shall be accepted for
provisional voting if the voter executes an affidavit in accordance
with Section 63.011.
(b) If an election officer can determine from the voter
registrar that the person is a registered voter of the county and
the person presents proof of identification, the affidavits
required by Sections 63.007 and 63.008 are substituted for the
affidavit required by Section 63.011 in complying with that
section. After the voter is accepted under this subsection, an
election officer shall also indicate beside the voter's name on the
poll list that the voter was accepted under this section.
SECTION 10. Section 63.0101(a), Election Code, is amended
to read as follows:
(a) The following documentation is [an] acceptable as proof
[form] of [photo] identification under this chapter:
(1) a driver's license[, election identification
certificate,] or personal identification card issued to the person
by the Department of Public Safety or a similar document issued to
the person by an agency of another state, regardless of whether the
license or card [that] has [not] expired [or that expired no earlier
than four years before the date of presentation];
(2) a form of identification containing the person's
photograph that establishes the person's identity [United States
military identification card that contains the person's photograph
that has not expired or that expired no earlier than four years
before the date of presentation];
(3) a birth certificate or other document confirming
birth that is admissible in a court of law and establishes the
person's identity;
(4) United States citizenship papers [certificate
issued to the person that contains the person's photograph];
(5) [(4)] a United States passport book or card issued
to the person [that has not expired or that expired no earlier than
four years before the date of presentation];
(6) official mail addressed to the person by name from
a governmental entity;
(7) a copy of a current utility bill, bank statement,
government check, paycheck, or other government document that shows
the name and address of the voter; or
(8) any other form of identification prescribed by the
secretary of state [or
[(5) a license to carry a handgun issued to the person
by the Department of Public Safety that has not expired or that
expired no earlier than four years before the date of
presentation].
SECTION 11. Sections 63.011(a) and (b), Election Code, are
amended to read as follows:
(a) A person to whom Section 63.008(b) or 63.009(a)
[63.001(g) or 63.009] applies may cast a provisional ballot if the
person executes an affidavit stating that the person:
(1) is a registered voter in the precinct in which the
person seeks to vote; and
(2) is eligible to vote in the election.
(b) A form for an affidavit required by this section must be
printed on an envelope in which the provisional ballot voted by the
person may be placed and must include[:
[(1)] a space for entering the identification number
of the provisional ballot voted by the person[; and
[(2) a space for an election officer to indicate
whether the person presented a form of identification described by
Section 63.0101].
SECTION 12. Section 64.012(b), Election Code, is amended to
read as follows:
(b) An offense under this section is a felony of the third
[second] degree unless the person is convicted of an attempt. In
that case, the offense is a Class A misdemeanor [state jail felony].
SECTION 13. Section 65.054(b), Election Code, is amended to
read as follows:
(b) A provisional ballot may [shall] be accepted only if the
board determines that, [:
[(1)] from the information in the affidavit or
contained in public records, the person is eligible to vote in the
election and has not previously voted in that election[;
[(2) the person:
[(A) meets the identification requirements of
Section 63.001(b) at the time the ballot was cast or in the period
prescribed under Section 65.0541;
[(B) notwithstanding Chapter 110, Civil Practice
and Remedies Code, executes an affidavit under penalty of perjury
that states the voter has a religious objection to being
photographed and the voter has consistently refused to be
photographed for any governmental purpose from the time the voter
has held this belief; or
[(C) executes an affidavit under penalty of
perjury that states the voter does not have any identification
meeting the requirements of Section 63.001(b) as a result of a
natural disaster that was declared by the president of the United
States or the governor, occurred not earlier than 45 days before the
date the ballot was cast, and caused the destruction of or inability
to access the voter's identification; and
[(3) the voter has not been challenged and voted a
provisional ballot solely because the voter did not meet the
requirements for identification prescribed by Section 63.001(b)].
SECTION 14. Section 66.0241, Election Code, is amended to
read as follows:
Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
must contain:
(1) the precinct list of registered voters;
(2) the registration correction list;
(3) any statements of residence executed under Section
63.0011; and
(4) any affidavits executed under Section 63.007
[63.006] or 63.011.
SECTION 15. Section 272.011(b), Election Code, is amended
to read as follows:
(b) The secretary of state shall prepare the translation for
election materials required to be provided in a language other than
English or Spanish for the following state prescribed voter forms:
(1) voter registration application form required by
Section 13.002;
(2) the confirmation form required by Section 15.051;
(3) the voting instruction poster required by Section
62.011;
(4) [the reasonable impediment declaration required
by Section 63.001(b);
[(5)] the statement of residence form required by
Section 63.0011;
(5) [(6)] the provisional ballot affidavit required
by Section 63.011;
(6) [(7)] the application for a ballot by mail
required by Section 84.011;
(7) [(8)] the carrier envelope and voting
instructions required by Section 86.013; and
(8) [(9)] any other voter forms that the secretary of
state identifies as frequently used and for which state resources
are otherwise available.
SECTION 16. (a) The following provisions of the Election
Code are repealed:
(1) Section 13.002(i);
(2) Section 15.001(c);
(3) Section 15.005;
(4) Section 31.013;
(5) Section 32.111(c);
(6) Section 62.016;
(7) Sections 63.001(c-1), (g), (h), and (i);
(8) Section 63.0013;
(9) Sections 63.0101(b) and (c); and
(10) Section 65.0541.
(b) Sections 191.0046(e) and (f), Health and Safety Code,
are repealed.
(c) Chapter 521A, Transportation Code, is repealed.
SECTION 17. The changes in law made by this Act in amending
Section 64.012(b), Election Code, and repealing Section 63.0013,
Election Code, apply only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 18. This Act takes effect on the 91st day after the
last day of the legislative session.