Texas 2025 - 89th Regular

Texas House Bill HB4059 Compare Versions

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

Old	New	Differences
1	1	89R14229 MPF-D
2	2	By: Schatzline H.B. No. 4059
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requiring a voter to be affiliated with a political
10	10	party to vote in that party's primary election; creating a criminal
11	11	offense; authorizing a civil penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 13.002(c), Election Code, is amended to
14	14	read as follows:
15	15	(c) A registration application must include:
16	16	(1) the applicant's first name, middle name, if any,
17	17	last name, and former name, if any;
18	18	(2) the month, day, and year of the applicant's birth;
19	19	(3) a statement that the applicant is a United States
20	20	citizen;
21	21	(4) a statement that the applicant is a resident of the
22	22	county;
23	23	(5) a statement that the applicant has not been
24	24	determined by a final judgment of a court exercising probate
25	25	jurisdiction to be:
26	26	(A) totally mentally incapacitated; or
27	27	(B) partially mentally incapacitated without the
28	28	right to vote;
29	29	(6) a statement that the applicant has not been
30	30	finally convicted of a felony or that the applicant is a felon
31	31	eligible for registration under Section 13.001;
32	32	(7) the applicant's residence address or, if the
33	33	residence has no address, the address at which the applicant
34	34	receives mail and a concise description of the location of the
35	35	applicant's residence;
36	36	(8) the following information:
37	37	(A) the applicant's Texas driver's license number
38	38	or the number of a personal identification card issued by the
39	39	Department of Public Safety;
40	40	(B) if the applicant has not been issued a number
41	41	described by Paragraph (A), the last four digits of the applicant's
42	42	social security number; or
43	43	(C) a statement by the applicant that the
44	44	applicant has not been issued a number described by Paragraph (A) or
45	45	(B);
46	46	(9) if the application is made by an agent, a statement
47	47	of the agent's relationship to the applicant; [and]
48	48	(10) the city and county in which the applicant
49	49	formerly resided; and
50	50	(11) the applicant's political party affiliation, if
51	51	any.
52	52	SECTION 2. Section 13.122(a), Election Code, is amended to
53	53	read as follows:
54	54	(a) In addition to the other statements and spaces for
55	55	entering information that appear on an officially prescribed
56	56	registration application form, each official form must include:
57	57	(1) the statement: "I understand that giving false
58	58	information to procure a voter registration is perjury and a crime
59	59	under state and federal law.";
60	60	(2) a space for the applicant's registration number;
61	61	(3) a space for the applicant's Texas driver's license
62	62	number or number of a personal identification card issued by the
63	63	Department of Public Safety;
64	64	(4) a space for the applicant's telephone number;
65	65	(5) a space for the applicant's social security
66	66	number;
67	67	(6) a space for the applicant's sex;
68	68	(7) a statement indicating that the furnishing of the
69	69	applicant's telephone number and sex is optional;
70	70	(8) a space or box for indicating whether the
71	71	applicant or voter is submitting new registration information or a
72	72	change in current registration information;
73	73	(9) a statement instructing a voter who is using the
74	74	form to make a change in current registration information to enter
75	75	the voter's name and the changed information in the appropriate
76	76	spaces on the form;
77	77	(10) a statement that if the applicant declines to
78	78	register to vote, that fact will remain confidential and will be
79	79	used only for voter registration purposes;
80	80	(11) a statement that if the applicant does register
81	81	to vote, information regarding the agency or office to which the
82	82	application is submitted will remain confidential and will be used
83	83	only for voter registration purposes;
84	84	(12) a space or box for indicating whether the
85	85	applicant is interested in working as an election judge;
86	86	(13) a statement warning that a conviction for making
87	87	a false statement may result in imprisonment for up to the maximum
88	88	amount of time provided by law, a fine of up to the maximum amount
89	89	provided by law, or both the imprisonment and the fine; [and]
90	90	(14) a space for the applicant's political party
91	91	affiliation; and
92	92	(15) any other voter registration information
93	93	required by federal law or considered appropriate and required by
94	94	the secretary of state.
95	95	SECTION 3. Section 15.001(a), Election Code, is amended to
96	96	read as follows:
97	97	(a) Each voter registration certificate issued must
98	98	contain:
99	99	(1) the voter's name in the form indicated by the
100	100	voter, subject to applicable requirements prescribed by Section
101	101	13.002 and by rule of the secretary of state;
102	102	(2) the voter's residence address or, if the residence
103	103	has no address, the address at which the voter receives mail and a
104	104	concise description of the location of the voter's residence;
105	105	(3) the year of the voter's birth;
106	106	(4) the number of the county election precinct in
107	107	which the voter resides;
108	108	(5) the voter's effective date of registration if an
109	109	initial certificate;
110	110	(6) the voter's registration number;
111	111	(7) an indication of the period for which the
112	112	certificate is issued;
113	113	(8) a statement explaining the circumstances under
114	114	which the voter will receive a new certificate;
115	115	(9) a space for indicating [stamping] the voter's
116	116	political party affiliation;
117	117	(10) a statement that voting with the certificate by a
118	118	person other than the person in whose name the certificate is issued
119	119	is a felony;
120	120	(11) a space for the voter's signature;
121	121	(12) a statement that the voter must sign the
122	122	certificate personally, if able to sign, immediately on receipt;
123	123	(13) a space for the voter to correct the information
124	124	on the certificate followed by a signature line;
125	125	(14) the statement: "If any information on this
126	126	certificate changes or is incorrect, correct the information in the
127	127	space provided, sign below, and return this certificate to the
128	128	voter registrar.";
129	129	(15) the registrar's mailing address and telephone
130	130	number; and
131	131	(16) the jurisdictional or distinguishing number for
132	132	the following territorial units in which the voter resides, as
133	133	determined by the voter registrar:
134	134	(A) congressional district;
135	135	(B) state senatorial district;
136	136	(C) state representative district;
137	137	(D) commissioners precinct;
138	138	(E) justice precinct;
139	139	(F) city election precinct; and
140	140	(G) school district election precinct.
141	141	SECTION 4. Section 63.011(a), Election Code, is amended to
142	142	read as follows:
143	143	(a) A person to whom Section 63.001(g), [or] 63.009, or
144	144	172.1115(c) applies may cast a provisional ballot if the person
145	145	executes an affidavit stating that the person:
146	146	(1) is a registered voter in the precinct in which the
147	147	person seeks to vote; and
148	148	(2) is eligible to vote in the election.
149	149	SECTION 5. Section 112.002, Election Code, is amended by
150	150	adding Subsection (g) to read as follows:
151	151	(g) If the voter seeks a limited ballot for a party primary
152	152	election, the voter must indicate the political party the voter was
153	153	affiliated with at the address where the voter was previously
154	154	registered on the statement executed under Subsection (c). If the
155	155	early voting clerk can establish the voter's affiliation from the
156	156	previous registration, the voter is entitled to vote a limited
157	157	ballot in that party's primary.
158	158	SECTION 6. Section 162.001(a), Election Code, is amended to
159	159	read as follows:
160	160	(a) A person must be affiliated with a political party to be
161	161	eligible:
162	162	(1) to serve as a delegate to or otherwise participate
163	163	in a convention held by the party under this code;
164	164	(2) to be elected as a member of or be appointed to
165	165	fill a vacancy on a state executive committee;
166	166	(3) to be appointed to fill a vacancy on a county
167	167	executive committee;
168	168	(4) to vote in the party's primary election; or
169	169	(5) [(4)] for any other purpose within the party as
170	170	adopted by state party rules.
171	171	SECTION 7. Section 162.003, Election Code, is amended to
172	172	read as follows:
173	173	Sec. 162.003. AFFILIATION PROCEDURE [BY VOTING IN PRIMARY].
174	174	(a) A person becomes affiliated with a political party by notifying
175	175	the registrar of the person's affiliation [when the person:
176	176	[(1) is accepted to vote in the party's primary
177	177	election; or
178	178	[(2) returns an early voting or limited primary ballot
179	179	voted by mail].
180	180	(b) At the time a person registers to vote the person may:
181	181	(1) affiliate with a political party that holds a
182	182	primary election or a political party that makes its nominations by
183	183	convention regardless of whether the party has a state
184	184	organization; or
185	185	(2) indicate no affiliation with any political party.
186	186	(c) A registered voter who does not indicate an affiliation
187	187	with a political party of this state shall be listed as
188	188	"independent" on the voter's registration certificate and on the
189	189	list of registered voters.
190	190	(d) A registered voter may change the voter's affiliation
191	191	status by notifying the registrar as provided by Section 15.021.
192	192	(e) A person may also indicate a party affiliation at the
193	193	time the person submits a federal postcard application under
194	194	Chapter 101.
195	195	(f) The secretary of state shall prescribe any additional
196	196	procedures necessary to implement this section.
197	197	SECTION 8. Section 162.010(a), Election Code, is amended to
198	198	read as follows:
199	199	(a) A [Except as provided by Subsection (b), a] party
200	200	affiliation expires on cancellation of a voter's registration or at
201	201	the time a change in affiliation takes effect under Section 15.025
202	202	[at the end of the voting year in which the person became
203	203	affiliated].
204	204	SECTION 9. Section 162.013, Election Code, is amended to
205	205	read as follows:
206	206	Sec. 162.013. VOID VOTE. A vote in a primary election is
207	207	void if the voter is not affiliated with the political party holding
208	208	the primary [previously voted in a primary election of another
209	209	party or participated in a convention of another party during the
210	210	same voting year].
211	211	SECTION 10. Sections 162.014(a), (c), and (d), Election
212	212	Code, are amended to read as follows:
213	213	(a) A person commits an offense if the person knowingly
214	214	votes or attempts to vote in a primary election or participates or
215	215	attempts to participate in a convention of a party without being
216	216	affiliated with that party [after having voted in a primary
217	217	election or participated in a convention of another party during
218	218	the same voting year].
219	219	(c) An offense under this section is a felony of the second
220	220	degree if the conduct constituting an offense under Subsection (a)
221	221	consists of knowingly voting in a primary election of a party
222	222	without being affiliated with that party [after having voted in a
223	223	primary election of another party during the same voting year].
224	224	(d) An offense under this section is a state jail felony if
225	225	the conduct constituting an offense under Subsection (a) consists
226	226	of knowingly attempting to vote in a primary election of a party
227	227	without being affiliated with that party [after having voted in a
228	228	primary election of another party during the same voting year].
229	229	SECTION 11. Chapter 162, Election Code, is amended by
230	230	adding Section 162.0145 to read as follows:
231	231	Sec. 162.0145. UNLAWFULLY PERMITTING AN UNAFFILIATED VOTER
232	232	TO VOTE. An election official may be liable to this state for a
233	233	civil penalty if the official knowingly permits a voter who is not
234	234	affiliated with the political party holding a primary election to
235	235	vote in the primary election except for a voter accepted to vote
236	236	under Section 112.002 or 172.1115.
237	237	SECTION 12. Section 162.017(e), Election Code, is amended
238	238	to read as follows:
239	239	(e) The preregistration process must [include the statement
240	240	described by Section 162.004(a) and] require a preregistering
241	241	attendee who is not affiliated with the party to affiliate with the
242	242	party in accordance with Section 162.003 [by taking the oath
243	243	described in Section 162.007(b)].
244	244	SECTION 13. Effective September 1, 2026, Subchapter E,
245	245	Chapter 172, Election Code, is amended by adding Section 172.1115
246	246	to read as follows:
247	247	Sec. 172.1115. AFFILIATION WITH PARTY REQUIRED. (a) The
248	248	signature roster for a primary election must state at the top of
249	249	each page "A person commits a criminal offense if the person
250	250	knowingly votes in a primary election or participates in a
251	251	convention of a party without being affiliated with that party."
252	252	(b) Except as provided by Subsection (c), a person may not
253	253	be accepted for voting in a primary election of a political party
254	254	unless:
255	255	(1) the list of registered voters indicates that the
256	256	person is affiliated with that political party; or
257	257	(2) the voter's registration certificate indicates
258	258	that the voter is affiliated with that political party.
259	259	(c) A person who seeks to vote in a primary election but
260	260	cannot establish the person's party affiliation under Subsection
261	261	(b) may be accepted only for provisional voting under Section
262	262	63.011.
263	263	SECTION 14. Section 172.126(g), Election Code, is amended
264	264	to read as follows:
265	265	(g) A separate set of ballot boxes or other suitable
266	266	containers approved by the secretary of state shall be used for each
267	267	party's primary, except that one set of ballot boxes or other
268	268	containers may be used in a joint primary using an electronic voting
269	269	system in which the ballots are deposited by the voters directly
270	270	into a unit of automatic tabulating equipment. [The lists of
271	271	registered voters and the voters' registration certificates shall
272	272	be marked and stamped to show the appropriate party affiliation for
273	273	each voter.] A separate list of registered voters shall be used for
274	274	each party's primary. The secretary of state by rule shall
275	275	prescribe requirements to ensure that one party's ballot is readily
276	276	distinguished from another's, which may include the use of
277	277	different colors of ink.
278	278	SECTION 15. The following provisions of the Election Code
279	279	are repealed:
280	280	(1) Sections 162.004, 162.005, 162.006, 162.007,
281	281	162.008, and 162.009;
282	282	(2) Section 162.010(b);
283	283	(3) Section 172.1141; and
284	284	(4) Section 172.115(c).
285	285	SECTION 16. (a) Not later than October 1, 2025, the voter
286	286	registrar of each county shall mail to each registered voter in the
287	287	county notice of the affiliation requirement necessary to vote in a
288	288	party primary election. The notice must:
289	289	(1) inform the voter that to vote in a party primary
290	290	election the voter must be affiliated with that party;
291	291	(2) inform the voter of the process of affiliation
292	292	with the voter registrar and state that if a voter does not provide
293	293	an affiliation, the voter's next registration certificate will
294	294	indicate that the voter is "independent" and unable to vote in a
295	295	party's primary;
296	296	(3) include a postage paid postcard that may be
297	297	returned to the voter registrar to indicate the voter's
298	298	affiliation; and
299	299	(4) be in the form prescribed by the secretary of
300	300	state.
301	301	(b) If a registered voter does not indicate a party
302	302	affiliation before December 31, 2025, the voter registrar shall
303	303	list the voter's initial affiliation status as "independent."
304	304	(c) The change in law made by Section 15.001(a), Election
305	305	Code, as amended by this Act, requiring that each voter
306	306	registration certificate must indicate the political affiliation
307	307	of the voter applies only to a certificate effective for voting on
308	308	or after January 1, 2026.
309	309	SECTION 17. Except as otherwise provided by this Act, this
310	310	Act takes effect September 1, 2025.