Texas 2023 - 88th Regular

Texas House Bill HB239 Compare Versions

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11 88R1632 SGM-F
22 By: Slaton H.B. No. 239
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to requiring a voter to be affiliated with a political
88 party to vote in that party's primary election or otherwise
99 participate in that party's affairs; creating a criminal offense.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 13.002(c), Election Code, is amended to
1212 read as follows:
1313 (c) A registration application must include:
1414 (1) the applicant's first name, middle name, if any,
1515 last name, and former name, if any;
1616 (2) the month, day, and year of the applicant's birth;
1717 (3) a statement that the applicant is a United States
1818 citizen;
1919 (4) a statement that the applicant is a resident of the
2020 county;
2121 (5) a statement that the applicant has not been
2222 determined by a final judgment of a court exercising probate
2323 jurisdiction to be:
2424 (A) totally mentally incapacitated; or
2525 (B) partially mentally incapacitated without the
2626 right to vote;
2727 (6) a statement that the applicant has not been
2828 finally convicted of a felony or that the applicant is a felon
2929 eligible for registration under Section 13.001;
3030 (7) the applicant's residence address or, if the
3131 residence has no address, the address at which the applicant
3232 receives mail and a concise description of the location of the
3333 applicant's residence;
3434 (8) the following information:
3535 (A) the applicant's Texas driver's license number
3636 or the number of a personal identification card issued by the
3737 Department of Public Safety;
3838 (B) if the applicant has not been issued a number
3939 described by Paragraph (A), the last four digits of the applicant's
4040 social security number; or
4141 (C) a statement by the applicant that the
4242 applicant has not been issued a number described by Paragraph (A) or
4343 (B);
4444 (9) if the application is made by an agent, a statement
4545 of the agent's relationship to the applicant; [and]
4646 (10) the city and county in which the applicant
4747 formerly resided; and
4848 (11) the applicant's political party affiliation, if
4949 any.
5050 SECTION 2. Section 13.122(a), Election Code, is amended to
5151 read as follows:
5252 (a) In addition to the other statements and spaces for
5353 entering information that appear on an officially prescribed
5454 registration application form, each official form must include:
5555 (1) the statement: "I understand that giving false
5656 information to procure a voter registration is perjury and a crime
5757 under state and federal law.";
5858 (2) a space for the applicant's registration number;
5959 (3) a space for the applicant's Texas driver's license
6060 number or number of a personal identification card issued by the
6161 Department of Public Safety;
6262 (4) a space for the applicant's telephone number;
6363 (5) a space for the applicant's social security
6464 number;
6565 (6) a space for the applicant's sex;
6666 (7) a statement indicating that the furnishing of the
6767 applicant's telephone number and sex is optional;
6868 (8) a space or box for indicating whether the
6969 applicant or voter is submitting new registration information or a
7070 change in current registration information;
7171 (9) a statement instructing a voter who is using the
7272 form to make a change in current registration information to enter
7373 the voter's name and the changed information in the appropriate
7474 spaces on the form;
7575 (10) a statement that if the applicant declines to
7676 register to vote, that fact will remain confidential and will be
7777 used only for voter registration purposes;
7878 (11) a statement that if the applicant does register
7979 to vote, information regarding the agency or office to which the
8080 application is submitted will remain confidential and will be used
8181 only for voter registration purposes;
8282 (12) a space or box for indicating whether the
8383 applicant is interested in working as an election judge;
8484 (13) a statement warning that a conviction for making
8585 a false statement may result in imprisonment for up to the maximum
8686 amount of time provided by law, a fine of up to the maximum amount
8787 provided by law, or both the imprisonment and the fine; [and]
8888 (14) a space for the applicant's political party
8989 affiliation; and
9090 (15) any other voter registration information
9191 required by federal law or considered appropriate and required by
9292 the secretary of state.
9393 SECTION 3. Section 14.001, Election Code, is amended by
9494 adding Subsections (e) and (f) to read as follows:
9595 (e) Notwithstanding Subsection (a), the registrar may not
9696 issue a renewal certificate to a voter before December 31, 2023,
9797 unless the voter's political party affiliation, if any, appears on
9898 the list described by Section 18.005(a). The registrar must issue a
9999 renewal certificate to each voter entitled to a renewal certificate
100100 under this section not later than January 20, 2024. This subsection
101101 expires January 31, 2024.
102102 (f) A renewal certificate issued in January 2024 is
103103 considered to have been issued in the prior year for purposes of
104104 Subsection (c). This subsection expires December 31, 2025.
105105 SECTION 4. Section 15.001(a), Election Code, is amended to
106106 read as follows:
107107 (a) Each voter registration certificate issued must
108108 contain:
109109 (1) the voter's name in the form indicated by the
110110 voter, subject to applicable requirements prescribed by Section
111111 13.002 and by rule of the secretary of state;
112112 (2) the voter's residence address or, if the residence
113113 has no address, the address at which the voter receives mail and a
114114 concise description of the location of the voter's residence;
115115 (3) the year of the voter's birth;
116116 (4) the number of the county election precinct in
117117 which the voter resides;
118118 (5) the voter's effective date of registration if an
119119 initial certificate;
120120 (6) the voter's registration number;
121121 (7) an indication of the period for which the
122122 certificate is issued;
123123 (8) a statement explaining the circumstances under
124124 which the voter will receive a new certificate;
125125 (9) a space for indicating [stamping] the voter's
126126 political party affiliation;
127127 (10) a statement that voting with the certificate by a
128128 person other than the person in whose name the certificate is issued
129129 is a felony;
130130 (11) a space for the voter's signature;
131131 (12) a statement that the voter must sign the
132132 certificate personally, if able to sign, immediately on receipt;
133133 (13) a space for the voter to correct the information
134134 on the certificate followed by a signature line;
135135 (14) the statement: "If any information on this
136136 certificate changes or is incorrect, correct the information in the
137137 space provided, sign below, and return this certificate to the
138138 voter registrar.";
139139 (15) the registrar's mailing address and telephone
140140 number; and
141141 (16) the jurisdictional or distinguishing number for
142142 the following territorial units in which the voter resides, as
143143 determined by the voter registrar:
144144 (A) congressional district;
145145 (B) state senatorial district;
146146 (C) state representative district;
147147 (D) commissioners precinct;
148148 (E) justice precinct;
149149 (F) city election precinct; and
150150 (G) school district election precinct.
151151 SECTION 5. Section 15.025(a), Election Code, is amended to
152152 read as follows:
153153 (a) Except as provided by Subsections (b) and (d) and
154154 Section 162.003(e), the registration of a voter described by this
155155 subsection whose information is changed on the registration records
156156 becomes effective as to the change on the 30th day after:
157157 (1) the date the voter submits to the registrar a
158158 notice of a change in registration information under Section 15.021
159159 or a response under Section 15.053, indicating the change; or
160160 (2) the date the voter submits a statement of
161161 residence to an election officer under Section 63.0011 or a
162162 registration application or change of address to an agency employee
163163 under Chapter 20, indicating the change.
164164 SECTION 6. Section 18.005(a), Election Code, is amended to
165165 read as follows:
166166 (a) Each original and supplemental list of registered
167167 voters must:
168168 (1) contain the voter's name, date of birth, and
169169 registration number as provided by the statewide computerized voter
170170 registration list;
171171 (2) contain the voter's residence address, except as
172172 provided by Subsections (b) and (c);
173173 (3) be arranged alphabetically by voter name; [and]
174174 (4) contain the notation required by Section 15.111;
175175 and
176176 (5) contain the political party affiliation of each
177177 voter, if any.
178178 SECTION 7. Section 63.011(a), Election Code, is amended to
179179 read as follows:
180180 (a) A person to whom Section 63.001(g), [or] 63.009, or
181181 172.1115(c) applies may cast a provisional ballot if the person
182182 executes an affidavit stating that the person:
183183 (1) is a registered voter in the precinct in which the
184184 person seeks to vote; and
185185 (2) is eligible to vote in the election.
186186 SECTION 8. Section 112.002, Election Code, is amended by
187187 adding Subsection (g) to read as follows:
188188 (g) If the voter seeks a limited ballot for a party primary
189189 election, the voter must indicate the political party the voter was
190190 affiliated with at the address where the voter was previously
191191 registered on the statement executed under Subsection (c). If the
192192 early voting clerk can establish the voter's affiliation from the
193193 previous registration, the voter is entitled to vote a limited
194194 ballot in that party's primary.
195195 SECTION 9. Section 142.004(a), Election Code, is amended to
196196 read as follows:
197197 (a) To be entitled to a place on the general election
198198 ballot, a candidate must:
199199 (1) make an application for a place on the ballot; and
200200 (2) not be affiliated with a political party at the
201201 time the application is made.
202202 SECTION 10. Section 142.008, Election Code, is amended to
203203 read as follows:
204204 Sec. 142.008. STATEMENT ON PETITION. The following
205205 statement must appear at the top of each page of a candidate's
206206 petition: "I know the purpose of this petition. I am not
207207 affiliated with a political party that holds a primary election
208208 [have not voted in the general primary election or runoff primary
209209 election of any political party that has nominated, at either
210210 election, a candidate for the office of (insert office title) for
211211 which (insert candidate's name) is a candidate]."
212212 SECTION 11. Section 142.009, Election Code, is amended to
213213 read as follows:
214214 Sec. 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. A
215215 signature on a candidate's petition is invalid if the signer:
216216 (1) signed the petition on or before general primary
217217 election day or, if a runoff primary is held for the office sought
218218 by the candidate, on or before runoff primary election day; or
219219 (2) is affiliated with a political party that holds a
220220 primary election [voted in the general or runoff primary election
221221 of a political party that made a nomination, at either primary, for
222222 the office sought by the candidate].
223223 SECTION 12. Section 161.005(a), Election Code, is amended
224224 to read as follows:
225225 (a) To be eligible to be a candidate for or to serve as an
226226 officer of a political party, a person must:
227227 (1) except as provided by Subsection (c), not be a
228228 candidate for nomination or election to, or be the holder of, an
229229 elective office of the federal, state, or county government; and
230230 (2) if the office is a county or precinct chair of a
231231 political party, be a qualified voter of the county and be
232232 affiliated with that political party.
233233 SECTION 13. Section 162.001(a), Election Code, is amended
234234 to read as follows:
235235 (a) A person must be affiliated with a political party to be
236236 eligible:
237237 (1) to serve as a delegate to or otherwise participate
238238 in a convention held by the party under this code;
239239 (2) to be elected as a member of or be appointed to
240240 fill a vacancy on a state executive committee;
241241 (3) to be appointed to fill a vacancy on a county
242242 executive committee;
243243 (4) to vote in the party's primary election;
244244 (5) to be a candidate in the party's primary election;
245245 (6) to be the party's nominee for an office elected at
246246 the general election for state and county officers;
247247 (7) to be a presidential elector for the political
248248 party; or
249249 (8) [(4)] for any other purpose within the party as
250250 adopted by state party rules.
251251 SECTION 14. Section 162.003, Election Code, is amended to
252252 read as follows:
253253 Sec. 162.003. AFFILIATION PROCEDURE [BY VOTING IN PRIMARY].
254254 (a) A person becomes affiliated with a political party by notifying
255255 the registrar of the person's affiliation [when the person:
256256 [(1) is accepted to vote in the party's primary
257257 election; or
258258 [(2) returns an early voting or limited primary ballot
259259 voted by mail].
260260 (b) At the time a person registers to vote the person may:
261261 (1) affiliate with a political party that holds a
262262 primary election or a political party that makes its nominations by
263263 convention regardless of whether the party has a state
264264 organization; or
265265 (2) indicate no affiliation with any political party.
266266 (c) Affiliation under Subsection (b)(1) takes effect on the
267267 first anniversary of the date the person submits a registration
268268 application to the registrar.
269269 (d) A registered voter who does not indicate an affiliation
270270 with a political party of this state shall be listed as
271271 "independent" on the voter's registration certificate and on the
272272 list of registered voters.
273273 (e) A registered voter may change the voter's affiliation
274274 status by notifying the registrar as provided by Section 15.021.
275275 The change becomes effective on the first anniversary of the date
276276 the voter submits notice of the change to the registrar under
277277 Section 15.021.
278278 (f) A person may also indicate a party affiliation at the
279279 time the person submits a federal postcard application under
280280 Chapter 101. The affiliation takes effect at the time provided for
281281 a change under Subsection (e).
282282 (g) The secretary of state shall prescribe any additional
283283 procedures necessary to implement this section.
284284 (h) Notwithstanding Subsection (c), if a person is 18 years
285285 of age or younger at the time the person registers to vote,
286286 affiliation under Subsection (b)(1) takes effect on the first
287287 election at which the person is eligible to vote following the
288288 submission of the registration application.
289289 (i) Notwithstanding Subsections (c) and (e), if a person
290290 notifies the registrar of the person's affiliation not later than
291291 December 31, 2023, the affiliation takes effect on the first
292292 election at which the person is eligible to vote following the
293293 submission of the registration application or change, as
294294 applicable. This subsection expires December 31, 2024.
295295 SECTION 15. Section 162.010(a), Election Code, is amended
296296 to read as follows:
297297 (a) A [Except as provided by Subsection (b), a] party
298298 affiliation expires on cancellation of a voter's registration or at
299299 the time a change in affiliation takes effect under Section 162.003
300300 [at the end of the voting year in which the person became
301301 affiliated].
302302 SECTION 16. Section 162.013, Election Code, is amended to
303303 read as follows:
304304 Sec. 162.013. VOID VOTE. A vote in a primary election is
305305 void if the voter is not affiliated with the political party holding
306306 the primary [previously voted in a primary election of another
307307 party or participated in a convention of another party during the
308308 same voting year].
309309 SECTION 17. Sections 162.014(a), (c), and (d), Election
310310 Code, are amended to read as follows:
311311 (a) A person commits an offense if the person knowingly
312312 votes or attempts to vote in a primary election or participates or
313313 attempts to participate in a convention of a party without being
314314 affiliated with that party [after having voted in a primary
315315 election or participated in a convention of another party during
316316 the same voting year].
317317 (c) An offense under this section is a felony of the second
318318 degree if the conduct constituting an offense under Subsection (a)
319319 consists of knowingly voting in a primary election without being
320320 affiliated with that party [after having voted in a primary
321321 election of another party during the same voting year].
322322 (d) An offense under this section is a state jail felony if
323323 the conduct constituting an offense under Subsection (a) consists
324324 of knowingly attempting to vote in a primary election without being
325325 affiliated with that party [after having voted in a primary
326326 election of another party during the same voting year].
327327 SECTION 18. Section 162.017(e), Election Code, is amended
328328 to read as follows:
329329 (e) The preregistration process must [include the statement
330330 described by Section 162.004(a) and] require a preregistering
331331 attendee to be affiliated [affiliate] with the party [by taking the
332332 oath described in Section 162.007(b)].
333333 SECTION 19. Section 172.021, Election Code, is amended by
334334 amending Subsection (b) and adding Subsections (b-3) and (h) to
335335 read as follows:
336336 (b) In [An application must, in] addition to complying with
337337 Section 141.031, an application must:
338338 (1) indicate that, at the time of the application, the
339339 applicant is affiliated with the political party whose nomination
340340 for office the candidate seeks; and
341341 (2) be accompanied by the appropriate filing fee or a
342342 petition in lieu of the filing fee that satisfies the requirements
343343 prescribed by Section 141.062. [A political party may not require
344344 payment of a fee as a condition to applying for a place on the ballot
345345 as a candidate for county chair or precinct chair.]
346346 (b-3) A political party may not require payment of a fee
347347 under this section as a condition to applying for a place on the
348348 ballot as a candidate for county chair or precinct chair.
349349 (h) A signature on a petition under this section is not
350350 valid if at the time of signing the signer is affiliated with a
351351 political party other than the party whose nomination for office
352352 the candidate seeks. A signature on a petition under this section
353353 is valid if at the time of signing the signer is unaffiliated with a
354354 political party.
355355 SECTION 20. Section 172.026, Election Code, is amended to
356356 read as follows:
357357 Sec. 172.026. RESTRICTION ON PETITION SIGNER. On signing a
358358 petition to be filed under Section 172.021, the signer becomes
359359 ineligible to affiliate with [vote in a primary election or
360360 participate in a convention of] another political party during the
361361 voting year in which the primary election is held.
362362 SECTION 21. Section 172.027, Election Code, is amended to
363363 read as follows:
364364 Sec. 172.027. STATEMENT ON PETITION. The following
365365 statement must appear at the top of each page of a petition to be
366366 filed under Section 172.021: "I know that the purpose of this
367367 petition is to entitle (insert candidate's name) to have his or her
368368 name placed on the ballot for the office of (insert office title,
369369 including any place number or other distinguishing number) for the
370370 (insert political party's name) primary election. I understand
371371 that by signing this petition I become ineligible to affiliate with
372372 another political party or to vote [in a primary election] or
373373 participate in a primary election or convention of another party,
374374 including a party not holding a primary election, during the voting
375375 year in which this primary election is held."
376376 SECTION 22. Section 172.086, Election Code, is amended to
377377 read as follows:
378378 Sec. 172.086. PLEDGE ON BALLOT. The following pledge shall
379379 be placed on the primary election ballot above the listing of
380380 candidates' names: "I am a (insert appropriate political party)
381381 and understand that I am ineligible to affiliate with another
382382 political party or to vote or participate in another political
383383 party's primary election or convention during this voting year."
384384 SECTION 23. Section 172.088(c), Election Code, is amended
385385 to read as follows:
386386 (c) A petition signer may not at the time of signing be
387387 affiliated with another political party. A political party by rule
388388 may provide for permitting voters who are not affiliated with any
389389 political party to be eligible to sign a petition under this section
390390 [restricting petition signers on the basis of party alignment or
391391 preference].
392392 SECTION 24. Subchapter E, Chapter 172, Election Code, is
393393 amended by adding Section 172.1115 to read as follows:
394394 Sec. 172.1115. AFFILIATION WITH PARTY REQUIRED. (a) The
395395 signature roster for a primary election must state at the top of
396396 each page: "A person commits a criminal offense if the person
397397 knowingly votes in a primary election or participates in a
398398 convention of a party without being affiliated with that party."
399399 (b) Except as provided by Subsection (c), a person may not
400400 be accepted for voting in a primary election of a political party
401401 unless:
402402 (1) the list of registered voters indicates that the
403403 person is affiliated with that political party; or
404404 (2) the voter's registration certificate indicates
405405 that the voter is affiliated with that political party.
406406 (c) A person who seeks to vote in a primary election but
407407 cannot establish the person's party affiliation under Subsection
408408 (b) may be accepted only for provisional voting under Section
409409 63.011.
410410 SECTION 25. Section 172.126(g), Election Code, is amended
411411 to read as follows:
412412 (g) A separate set of ballot boxes or other suitable
413413 containers approved by the secretary of state shall be used for each
414414 party's primary, except that one set of ballot boxes or other
415415 containers may be used in a joint primary using an electronic voting
416416 system in which the ballots are deposited by the voters directly
417417 into a unit of automatic tabulating equipment. [The lists of
418418 registered voters and the voters' registration certificates shall
419419 be marked and stamped to show the appropriate party affiliation for
420420 each voter.] A separate list of registered voters shall be used for
421421 each party's primary. The secretary of state by rule shall
422422 prescribe requirements to ensure that one party's ballot is readily
423423 distinguished from another's, which may include the use of
424424 different colors of ink.
425425 SECTION 26. Sections 181.006(f) and (g), Election Code, are
426426 amended to read as follows:
427427 (f) The following statement must appear at the top of each
428428 page of the petition: "I know that the purpose of this petition is
429429 to entitle the _______ Party to have its nominees placed on the
430430 ballot in the general election for state and county officers. I am
431431 not affiliated with another political party. [I have not voted in a
432432 primary election or participated in a convention of another party
433433 during this voting year, and I understand that I become ineligible
434434 to do so by signing this petition.] I understand that signing more
435435 than one petition to entitle a party to have its nominees placed on
436436 the general election ballot in the same election is prohibited."
437437 (g) A person who is affiliated with another political party
438438 [has voted in a primary election or participated in a convention of
439439 another party during the voting year in which the petition is
440440 circulated] is ineligible to sign the petition, and the signature
441441 of such a person is invalid.
442442 SECTION 27. Section 181.031(a), Election Code, is amended
443443 to read as follows:
444444 (a) To be entitled to be considered for nomination by a
445445 convention held under this chapter, a person must:
446446 (1) make an application for nomination; and
447447 (2) be affiliated with the political party whose
448448 nomination for office the candidate seeks.
449449 SECTION 28. Section 181.065, Election Code, is amended to
450450 read as follows:
451451 Sec. 181.065. PARTICIPANT TO BE AFFILIATED WITH PARTY
452452 [REGISTERED VOTER]. To be eligible to participate in a precinct
453453 convention held under this chapter, a person must be affiliated
454454 with the political party [a registered voter of the precinct or a
455455 precinct resident who is eligible to vote a limited ballot].
456456 SECTION 29. Section 182.0041(a), Election Code, is amended
457457 to read as follows:
458458 (a) To be entitled to be considered for nomination by a
459459 convention held under this chapter, a person must:
460460 (1) make an application for nomination; and
461461 (2) be affiliated with the political party whose
462462 nomination for office the candidate seeks.
463463 SECTION 30. Sections 192.032(f) and (g), Election Code, are
464464 amended to read as follows:
465465 (f) The following statement must appear at the top of each
466466 page of the petition: "I am not affiliated with a political party
467467 that has held [did not vote this year in] a presidential primary
468468 election this year."
469469 (g) A signature on the petition is invalid if the signer:
470470 (1) signs the petition on or before the date of the
471471 presidential primary election in the presidential election year; or
472472 (2) is affiliated with a political party that has held
473473 [voted in] a presidential primary election during the presidential
474474 election year.
475475 SECTION 31. Section 203.011, Election Code, is amended to
476476 read as follows:
477477 Sec. 203.011. PARTY ALIGNMENT ON BALLOT. The party
478478 alignment of each candidate shall be printed on the official ballot
479479 next to the candidate's name. If a candidate is affiliated with a
480480 political party, that party shall be printed next to the
481481 candidate's name regardless of the party alignment provided on the
482482 application under Section 203.005(b).
483483 SECTION 32. Sections 162.001(b), 162.004, 162.005,
484484 162.006, 162.007, 162.008, 162.009, 162.010(b), 162.011, 162.012,
485485 172.1141, 172.115(c), and 172.125, Election Code, are repealed.
486486 SECTION 33. (a) Not later than October 1, 2023, the voter
487487 registrar of each county shall mail to each registered voter in the
488488 county notice of the affiliation requirement necessary to vote in a
489489 party primary election or to participate in the affairs of a
490490 political party. The notice must:
491491 (1) inform the voter that to vote in a party primary
492492 election or to otherwise participate in the affairs of a political
493493 party the voter must be affiliated with that party;
494494 (2) inform the voter of the process of affiliation
495495 with the voter registrar and state that if a voter does not provide
496496 an affiliation, the voter's next registration certificate will
497497 indicate that the voter is "independent" and unable to vote in a
498498 party's primary;
499499 (3) include a postage paid postcard that may be
500500 returned to the voter registrar to indicate the voter's
501501 affiliation; and
502502 (4) be in the form prescribed by the secretary of
503503 state.
504504 (b) If a registered voter does not indicate a party
505505 affiliation before December 31, 2023, the voter registrar shall
506506 list the voter's initial affiliation status as "independent."
507507 (c) The change in law made by Section 18.005(a), Election
508508 Code, as amended by this Act, requiring that each list of registered
509509 voters must indicate the political affiliation of each voter
510510 applies only to a list of registered voters produced by a voter
511511 registrar on or after December 31, 2023.
512512 (d) The change in law made by Section 15.001(a), Election
513513 Code, as amended by this Act, requiring that each voter
514514 registration certificate must indicate the political affiliation
515515 of the voter applies only to a certificate effective for voting on
516516 or after January 1, 2024.
517517 SECTION 34. This Act takes effect September 1, 2023.