Texas 2021 - 87th 2nd C.S.

Texas House Bill HB50 Compare Versions

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

Old	New	Differences
1	1	By: Reynolds H.B. No. 50
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to requirements to vote, including presenting proof of
7	7	identification.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 15.022(a), Election Code, as effective
10	10	September 1, 2021, is amended to read as follows:
11	11	(a) The registrar shall make the appropriate corrections in
12	12	the registration records, including, if necessary, deleting a
13	13	voter's name from the suspense list:
14	14	(1) after receipt of a notice of a change in
15	15	registration information under Section 15.021;
16	16	(2) after receipt of a voter's reply to a notice of
17	17	investigation given under Section 16.033;
18	18	(3) after receipt of any affidavits executed under
19	19	Section 63.007 [63.006], following an election;
20	20	(4) after receipt of a voter's statement of residence
21	21	executed under Section 63.0011;
22	22	(5) before the effective date of the abolishment of a
23	23	county election precinct or a change in its boundary;
24	24	(6) after receipt of United States Postal Service
25	25	information indicating an address reclassification;
26	26	(7) after receipt of a voter's response under Section
27	27	15.053;
28	28	(8) after receipt of a registration application or
29	29	change of address under Chapter 20; or
30	30	(9) after notification of a data entry error of which
31	31	the voter registrar is made aware under Section 63.0051.
32	32	SECTION 2. Sections 31.012(a), (b), and (b-1), Election
33	33	Code, are amended to read as follows:
34	34	(a) The secretary of state and the voter registrar of each
35	35	county that maintains a website shall provide notice [of the
36	36	identification requirements for voting prescribed by Chapter 63
37	37	and] that straight ticket voting has been eliminated pursuant to
38	38	H.B. 25, Acts of the 85th Legislature, Regular Session, 2017, on
39	39	each entity's respective website in each language in which voter
40	40	registration and election materials are available. The secretary
41	41	of state shall prescribe the wording of the notice to be included on
42	42	the websites.
43	43	(b) [The secretary of state shall conduct a statewide effort
44	44	to educate voters regarding the identification requirements for
45	45	voting prescribed by Chapter 63.
46	46	[(b-1)] As soon as practicable after September 1, 2020, the
47	47	secretary of state shall distribute electronically to each county
48	48	election administrator and the county chair of each political party
49	49	notice that straight ticket voting has been eliminated pursuant to
50	50	H.B. 25, Acts of the 85th Legislature, Regular Session, 2017.
51	51	SECTION 3. Section 32.114(a), Election Code, as effective
52	52	September 1, 2021, is amended to read as follows:
53	53	(a) The county clerk shall provide one or more sessions of
54	54	training using the standardized training program and materials
55	55	developed and provided by the secretary of state under Section
56	56	32.111 for the election judges and clerks appointed to serve in
57	57	elections ordered by the governor or a county authority. Each
58	58	election judge shall complete the training program. The training
59	59	program must include specific procedures related to the early
60	60	voting ballot board and the central counting station, as
61	61	applicable. [Each election clerk shall complete the part of the
62	62	training program relating to the acceptance and handling of the
63	63	identification presented by a voter to an election officer under
64	64	Section 63.001.]
65	65	SECTION 4. Sections 63.001(b), (c), (d), (e), and (f),
66	66	Election Code, are amended to read as follows:
67	67	(b) On [Except as provided by Subsection (h), on] offering
68	68	to vote, a voter must present the voter's voter registration
69	69	certificate to an election officer at the polling place[:
70	70	[(1) one form of photo identification listed in
71	71	Section 63.0101(a); or
72	72	[(2) one form of identification listed in Section
73	73	63.0101(b) accompanied by the declaration described by Subsection
74	74	(i)].
75	75	(c) On presentation of a registration certificate [the
76	76	documentation required under Subsection (b)], an election officer
77	77	shall determine whether the voter's name on the registration
78	78	certificate [documentation] is on the list of registered voters for
79	79	the precinct. [If in making a determination under this subsection
80	80	the election officer determines under standards adopted by the
81	81	secretary of state that the voter's name on the documentation is
82	82	substantially similar to but does not match exactly with the name on
83	83	the list, the voter shall be accepted for voting under Subsection
84	84	(d) if the voter submits an affidavit stating that the voter is the
85	85	person on the list of registered voters.]
86	86	(d) If[, as determined under Subsection (c),] the voter's
87	87	name is on the precinct list of registered voters [and the voter's
88	88	identity can be verified from the documentation presented under
89	89	Subsection (b)], the voter shall be accepted for voting. [An
90	90	election officer may not question the reasonableness of an
91	91	impediment sworn to by a voter in a declaration described by
92	92	Subsection (i).]
93	93	(e) On accepting a voter, an election officer shall indicate
94	94	beside the voter's name on the list of registered voters that the
95	95	voter is accepted for voting. [If the voter executes a declaration
96	96	of reasonable impediment to meet the requirement for identification
97	97	under Subsection (b), the election officer must affix the voter's
98	98	voter registration number to the declaration either in numeric or
99	99	bar code form.]
100	100	(f) After determining whether to accept a voter, an election
101	101	officer shall return the voter's registration certificate
102	102	[documentation] to the voter.
103	103	SECTION 5. Section 63.0011(a), Election Code, is amended to
104	104	read as follows:
105	105	(a) Before a voter may be accepted for voting, an election
106	106	officer shall ask the voter if the voter's residence address on the
107	107	precinct list of registered voters is current and whether the voter
108	108	has changed residence within the county. If the voter's address is
109	109	omitted from the precinct list under Section 18.005(c), the officer
110	110	shall ask the voter if the voter's residence as [, if] listed [,] on
111	111	the voter's voter registration certificate [identification
112	112	presented by the voter under Section 63.001(b)] is current and
113	113	whether the voter has changed residence within the county.
114	114	SECTION 6. Section 63.004(a), Election Code, is amended to
115	115	read as follows:
116	116	(a) The secretary of state may prescribe forms that combine
117	117	the poll list, the signature roster, or any other form used in
118	118	connection with the acceptance of voters at polling places with
119	119	each other or with the list of registered voters. The secretary
120	120	shall prescribe any special instructions necessary for using the
121	121	combination forms. [The combination forms must include space for
122	122	an election officer to indicate whether a voter executed a
123	123	declaration of reasonable impediment under Section 63.001(i).]
124	124	SECTION 7. Section 63.006, Election Code, is amended to
125	125	read as follows:
126	126	Sec. 63.006. VOTER WITH CORRECT CERTIFICATE [REQUIRED
127	127	DOCUMENTATION] WHO IS NOT ON LIST. (a) A voter who, when offering to
128	128	vote, presents a voter registration certificate indicating that the
129	129	voter is currently registered in the precinct in which the voter is
130	130	offering to vote, [the documentation required under Section
131	131	63.001(b)] but whose name is not on the precinct list of registered
132	132	voters, shall be accepted for voting [if the voter also presents a
133	133	voter registration certificate indicating that the voter is
134	134	currently registered:
135	135	[(1) in the precinct in which the voter is offering to
136	136	vote; or
137	137	[(2) in a different precinct in the same county as the
138	138	precinct in which the voter is offering to vote and the voter
139	139	executes an affidavit stating that the voter:
140	140	[(A) is a resident of the precinct in which the
141	141	voter is offering to vote or is otherwise entitled by law to vote in
142	142	that precinct;
143	143	[(B) was a resident of the precinct in which the
144	144	voter is offering to vote at the time the information on the voter's
145	145	residence address was last provided to the voter registrar;
146	146	[(C) did not deliberately provide false
147	147	information to secure registration in a precinct in which the voter
148	148	does not reside; and
149	149	[(D) is voting only once in the election].
150	150	(b) After the voter is accepted, an election officer shall
151	151	[:
152	152	[(1)] indicate beside the voter's name on the poll list
153	153	that the voter was accepted under this section[; and
154	154	[(2) enter the voter's name on the registration
155	155	omissions list].
156	156	SECTION 8. Chapter 63, Election Code, is amended by adding
157	157	Sections 63.007 and 63.008 to read as follows:
158	158	Sec. 63.007. VOTER WITH INCORRECT CERTIFICATE WHO IS NOT ON
159	159	LIST. (a) A voter who, when offering to vote, presents a voter
160	160	registration certificate indicating that the voter is currently
161	161	registered in a different precinct from the one in which the voter
162	162	is offering to vote, and whose name is not on the precinct list of
163	163	registered voters, shall be accepted for voting if the voter
164	164	executes an affidavit stating that the voter:
165	165	(1) is a resident of the precinct in which the voter is
166	166	offering to vote or is otherwise entitled by law to vote in that
167	167	precinct;
168	168	(2) was a resident of the precinct in which the voter
169	169	is offering to vote at the time the information on the voter's
170	170	residence address was last provided to the voter registrar;
171	171	(3) did not deliberately provide false information to
172	172	secure registration in a precinct in which the voter does not
173	173	reside; and
174	174	(4) is voting only once in the election.
175	175	(b) After the voter is accepted, an election officer shall
176	176	indicate beside the voter's name on the poll list that the voter was
177	177	accepted under this section.
178	178	Sec. 63.008. VOTER WITHOUT CERTIFICATE WHO IS ON LIST. (a) A
179	179	voter who does not present a voter registration certificate when
180	180	offering to vote, but whose name is on the list of registered voters
181	181	for the precinct in which the voter is offering to vote, shall be
182	182	accepted for voting if the voter executes an affidavit stating that
183	183	the voter does not have the voter's voter registration certificate
184	184	in the voter's possession at the polling place at the time of
185	185	offering to vote and the voter presents proof of identification in a
186	186	form described by Section 63.0101.
187	187	(b) If the requirements prescribed by Subsection (a) are not
188	188	met, the voter may be accepted for provisional voting only under
189	189	Section 63.011.
190	190	SECTION 9. Section 63.009, Election Code, is amended to
191	191	read as follows:
192	192	Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.
193	193	(a) Except as provided by Subsection (b), a [A] voter who does not
194	194	present a voter registration certificate when offering to vote, and
195	195	whose name is not on the list of registered voters for the precinct
196	196	in which the voter is offering to vote, shall be accepted for
197	197	provisional voting if the voter executes an affidavit in accordance
198	198	with Section 63.011.
199	199	(b) If an election officer can determine from the voter
200	200	registrar that the person is a registered voter of the county and
201	201	the person presents proof of identification, the affidavits
202	202	required by Sections 63.007 and 63.008 are substituted for the
203	203	affidavit required by Section 63.011 in complying with that
204	204	section. After the voter is accepted under this subsection, an
205	205	election officer shall also indicate beside the voter's name on the
206	206	poll list that the voter was accepted under this section.
207	207	SECTION 10. Section 63.0101(a), Election Code, is amended
208	208	to read as follows:
209	209	(a) The following documentation is [an] acceptable as proof
210	210	[form] of [photo] identification under this chapter:
211	211	(1) a driver's license[, election identification
212	212	certificate,] or personal identification card issued to the person
213	213	by the Department of Public Safety or a similar document issued to
214	214	the person by an agency of another state, regardless of whether the
215	215	license or card [that] has [not] expired [or that expired no earlier
216	216	than four years before the date of presentation];
217	217	(2) a form of identification containing the person's
218	218	photograph that establishes the person's identity [United States
219	219	military identification card that contains the person's photograph
220	220	that has not expired or that expired no earlier than four years
221	221	before the date of presentation];
222	222	(3) a birth certificate or other document confirming
223	223	birth that is admissible in a court of law and establishes the
224	224	person's identity;
225	225	(4) United States citizenship papers [certificate
226	226	issued to the person that contains the person's photograph];
227	227	(5) [(4)] a United States passport book or card issued
228	228	to the person [that has not expired or that expired no earlier than
229	229	four years before the date of presentation];
230	230	(6) official mail addressed to the person by name from
231	231	a governmental entity;
232	232	(7) a copy of a current utility bill, bank statement,
233	233	government check, paycheck, or other government document that shows
234	234	the name and address of the voter; or
235	235	(8) any other form of identification prescribed by the
236	236	secretary of state [or
237	237	[(5) a license to carry a handgun issued to the person
238	238	by the Department of Public Safety that has not expired or that
239	239	expired no earlier than four years before the date of
240	240	presentation].
241	241	SECTION 11. Sections 63.011(a) and (b), Election Code, are
242	242	amended to read as follows:
243	243	(a) A person to whom Section 63.008(b) or 63.009(a)
244	244	[63.001(g) or 63.009] applies may cast a provisional ballot if the
245	245	person executes an affidavit stating that the person:
246	246	(1) is a registered voter in the precinct in which the
247	247	person seeks to vote; and
248	248	(2) is eligible to vote in the election.
249	249	(b) A form for an affidavit required by this section must be
250	250	printed on an envelope in which the provisional ballot voted by the
251	251	person may be placed and must include[:
252	252	[(1)] a space for entering the identification number
253	253	of the provisional ballot voted by the person[; and
254	254	[(2) a space for an election officer to indicate
255	255	whether the person presented a form of identification described by
256	256	Section 63.0101].
257	257	SECTION 12. Section 64.012(b), Election Code, is amended to
258	258	read as follows:
259	259	(b) An offense under this section is a felony of the third
260	260	[second] degree unless the person is convicted of an attempt. In
261	261	that case, the offense is a Class A misdemeanor [state jail felony].
262	262	SECTION 13. Section 65.054(b), Election Code, is amended to
263	263	read as follows:
264	264	(b) A provisional ballot may [shall] be accepted only if the
265	265	board determines that, [:
266	266	[(1)] from the information in the affidavit or
267	267	contained in public records, the person is eligible to vote in the
268	268	election and has not previously voted in that election[;
269	269	[(2) the person:
270	270	[(A) meets the identification requirements of
271	271	Section 63.001(b) at the time the ballot was cast or in the period
272	272	prescribed under Section 65.0541;
273	273	[(B) notwithstanding Chapter 110, Civil Practice
274	274	and Remedies Code, executes an affidavit under penalty of perjury
275	275	that states the voter has a religious objection to being
276	276	photographed and the voter has consistently refused to be
277	277	photographed for any governmental purpose from the time the voter
278	278	has held this belief; or
279	279	[(C) executes an affidavit under penalty of
280	280	perjury that states the voter does not have any identification
281	281	meeting the requirements of Section 63.001(b) as a result of a
282	282	natural disaster that was declared by the president of the United
283	283	States or the governor, occurred not earlier than 45 days before the
284	284	date the ballot was cast, and caused the destruction of or inability
285	285	to access the voter's identification; and
286	286	[(3) the voter has not been challenged and voted a
287	287	provisional ballot solely because the voter did not meet the
288	288	requirements for identification prescribed by Section 63.001(b)].
289	289	SECTION 14. Section 66.0241, Election Code, is amended to
290	290	read as follows:
291	291	Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
292	292	must contain:
293	293	(1) the precinct list of registered voters;
294	294	(2) the registration correction list;
295	295	(3) any statements of residence executed under Section
296	296	63.0011; and
297	297	(4) any affidavits executed under Section 63.007
298	298	[63.006] or 63.011.
299	299	SECTION 15. Section 272.011(b), Election Code, is amended
300	300	to read as follows:
301	301	(b) The secretary of state shall prepare the translation for
302	302	election materials required to be provided in a language other than
303	303	English or Spanish for the following state prescribed voter forms:
304	304	(1) voter registration application form required by
305	305	Section 13.002;
306	306	(2) the confirmation form required by Section 15.051;
307	307	(3) the voting instruction poster required by Section
308	308	62.011;
309	309	(4) [the reasonable impediment declaration required
310	310	by Section 63.001(b);
311	311	[(5)] the statement of residence form required by
312	312	Section 63.0011;
313	313	(5) [(6)] the provisional ballot affidavit required
314	314	by Section 63.011;
315	315	(6) [(7)] the application for a ballot by mail
316	316	required by Section 84.011;
317	317	(7) [(8)] the carrier envelope and voting
318	318	instructions required by Section 86.013; and
319	319	(8) [(9)] any other voter forms that the secretary of
320	320	state identifies as frequently used and for which state resources
321	321	are otherwise available.
322	322	SECTION 16. (a) The following provisions of the Election
323	323	Code are repealed:
324	324	(1) Section 13.002(i);
325	325	(2) Section 15.001(c);
326	326	(3) Section 15.005;
327	327	(4) Section 31.013;
328	328	(5) Section 32.111(c);
329	329	(6) Section 62.016;
330	330	(7) Sections 63.001(c-1), (g), (h), and (i);
331	331	(8) Section 63.0013;
332	332	(9) Sections 63.0101(b) and (c); and
333	333	(10) Section 65.0541.
334	334	(b) Sections 191.0046(e) and (f), Health and Safety Code,
335	335	are repealed.
336	336	(c) Chapter 521A, Transportation Code, is repealed.
337	337	SECTION 17. The changes in law made by this Act in amending
338	338	Section 64.012(b), Election Code, and repealing Section 63.0013,
339	339	Election Code, apply only to an offense committed on or after the
340	340	effective date of this Act. An offense committed before the
341	341	effective date of this Act is governed by the law in effect on the
342	342	date the offense was committed, and the former law is continued in
343	343	effect for that purpose. For purposes of this section, an offense
344	344	was committed before the effective date of this Act if any element
345	345	of the offense occurred before that date.
346	346	SECTION 18. This Act takes effect on the 91st day after the
347	347	last day of the legislative session.