Texas 2025 - 89th Regular

Texas House Bill HB4475 Compare Versions

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

Old	New	Differences
1	1	89R9428 JDK-D
2	2	By: Isaac H.B. No. 4475
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the acceptance of a voter executing a declaration of
10	10	reasonable impediment; providing a limitation.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 15, Election Code, is
13	13	amended by adding Section 15.029 to read as follows:
14	14	Sec. 15.029. NOTATION ON LIST OF REGISTERED VOTERS. (a)
15	15	The registrar shall enter a notation on the list of registered
16	16	voters beside each voter's name to record when a voter has executed
17	17	a declaration described by Section 63.001(i).
18	18	(b) The registrar shall replace a notation described by
19	19	Subsection (a) with a notation to record when a voter has executed a
20	20	second declaration described by Section 63.001(i).
21	21	(c) The notations described by this section must be approved
22	22	by the secretary of state.
23	23	SECTION 2. Section 63.001, Election Code, is amended by
24	24	amending Subsections (b), (g), and (i) and adding Subsections (j),
25	25	(k), and (l) to read as follows:
26	26	(b) Except as provided by Subsection (h), on offering to
27	27	vote, a voter must present to an election officer at the polling
28	28	place:
29	29	(1) one form of photo identification listed in Section
30	30	63.0101(a); or
31	31	(2) if the voter has executed a declaration described
32	32	by Subsection (i) less than twice, one form of identification
33	33	listed in Section 63.0101(b) accompanied by the declaration
34	34	described by Subsection (i).
35	35	(g) If the requirements for identification prescribed by
36	36	Subsection (b) are not met, the voter may be accepted for
37	37	provisional voting only under Section 63.011. For a voter who is
38	38	not accepted for voting under this section, an election officer
39	39	shall:
40	40	(1) inform the voter of the voter's right to cast a
41	41	provisional ballot under Section 63.011; [and]
42	42	(2) provide the voter with written information, in a
43	43	form prescribed by the secretary of state, that:
44	44	(A) lists the requirements for identification;
45	45	(B) states the procedure for presenting
46	46	identification under Section 65.0541;
47	47	(C) includes a map showing the location where
48	48	identification must be presented; and
49	49	(D) includes notice that if all procedures are
50	50	followed and the voter is found to be eligible to vote and is voting
51	51	in the correct precinct, the voter's provisional ballot will be
52	52	accepted; and
53	53	(3) offer the voter an opportunity to provide an
54	54	address for the purposes of Subsection (l).
55	55	(i) If the requirement for identification prescribed by
56	56	Subsection (b)(1) is not met, an election officer shall notify the
57	57	voter that the voter may be accepted for voting if the voter meets
58	58	the requirement for identification prescribed by Subsection (b)(2)
59	59	and executes a declaration declaring the voter has a reasonable
60	60	impediment to meeting the requirement for identification
61	61	prescribed by Subsection (b)(1). A person is subject to
62	62	prosecution for perjury under Chapter 37, Penal Code, or Section
63	63	63.0013 for a false statement or false information on the
64	64	declaration. The secretary of state shall prescribe the form of the
65	65	declaration. The form shall include:
66	66	(1) a notice that a person is subject to prosecution
67	67	for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
68	68	false statement or false information on the declaration;
69	69	(2) a statement that the voter swears or affirms that
70	70	the information contained in the declaration is true, that the
71	71	person described in the declaration is the same person appearing at
72	72	the polling place to sign the declaration, and that the voter faces
73	73	a reasonable impediment to procuring the identification prescribed
74	74	by Subsection (b)(1);
75	75	(3) a place for the voter to indicate one of the
76	76	following impediments:
77	77	(A) lack of transportation;
78	78	(B) lack of birth certificate or other documents
79	79	needed to obtain the identification prescribed by Subsection
80	80	(b)(1);
81	81	(C) work schedule;
82	82	(D) lost or stolen identification;
83	83	(E) disability or illness;
84	84	(F) family responsibilities; and
85	85	(G) the identification prescribed by Subsection
86	86	(b)(1) has been applied for but not received;
87	87	(4) a place for the voter to sign and date the
88	88	declaration;
89	89	(5) a place for the election judge to sign and date the
90	90	declaration;
91	91	(6) a place to note the polling place at which the
92	92	declaration is signed; [and]
93	93	(7) a place for the election judge to note which form
94	94	of identification prescribed by Subsection (b)(2) the voter
95	95	presented;
96	96	(8) a place for the voter's mailing address; and
97	97	(9) a place for the voter's voter identification
98	98	number.
99	99	(j) Each declaration described by Subsection (i) made by a
100	100	voter must be indicated beside the voter's name on the poll list and
101	101	recorded in the voter's registration record.
102	102	(k) A voter may only execute a declaration described by
103	103	Subsection (i) twice.
104	104	(l) For a voter who executes a declaration described by
105	105	Subsection (i) or who is accepted for provisional voting under
106	106	Section 63.011 solely because the voter did not meet the
107	107	requirements for identification prescribed by Section 63.001(b),
108	108	the county where the voter is registered shall mail the voter
109	109	written information, in a manner prescribed by the secretary of
110	110	state, that:
111	111	(1) lists the acceptable forms of photo identification
112	112	under Section 63.0101(a); and
113	113	(2) provides a detailed and individualized
114	114	explanation on how to obtain an acceptable form of photo
115	115	identification under Section 63.0101(a).
116	116	SECTION 3. Section 65.0541(a), Election Code, is amended to
117	117	read as follows:
118	118	(a) A voter who is accepted for provisional voting under
119	119	Section 63.011 because the voter does not meet the identification
120	120	requirements of Section 63.001(b) may, not later than the sixth day
121	121	after the date of the election:
122	122	(1) present a form of identification described by
123	123	Section 63.0101(a) or, if the voter has executed a declaration
124	124	described by Section 63.001(i) less than twice, identification
125	125	described by 63.0101(b) accompanied with a declaration described by
126	126	Section 63.001(i) [63.0101] to the voter registrar for examination;
127	127	or
128	128	(2) execute an affidavit described by Section
129	129	65.054(b)(2)(B) or (C) in the presence of the voter registrar.
130	130	SECTION 4. This Act takes effect September 1, 2025.