89R9428 JDK-D
By: Isaac H.B. No. 4475
A BILL TO BE ENTITLED
AN ACT
relating to the acceptance of a voter executing a declaration of
reasonable impediment; providing a limitation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 15, Election Code, is
amended by adding Section 15.029 to read as follows:
Sec. 15.029. NOTATION ON LIST OF REGISTERED VOTERS. (a)
The registrar shall enter a notation on the list of registered
voters beside each voter's name to record when a voter has executed
a declaration described by Section 63.001(i).
(b) The registrar shall replace a notation described by
Subsection (a) with a notation to record when a voter has executed a
second declaration described by Section 63.001(i).
(c) The notations described by this section must be approved
by the secretary of state.
SECTION 2. Section 63.001, Election Code, is amended by
amending Subsections (b), (g), and (i) and adding Subsections (j),
(k), and (l) to read as follows:
(b) Except as provided by Subsection (h), on offering to
vote, a voter must present to an election officer at the polling
place:
(1) one form of photo identification listed in Section
63.0101(a); or
(2) if the voter has executed a declaration described
by Subsection (i) less than twice, one form of identification
listed in Section 63.0101(b) accompanied by the declaration
described by Subsection (i).
(g) If the requirements for identification prescribed by
Subsection (b) are not met, the voter may be accepted for
provisional voting only under Section 63.011. For a voter who is
not accepted for voting under this section, an election officer
shall:
(1) inform the voter of the voter's right to cast a
provisional ballot under Section 63.011; [and]
(2) provide the voter with written information, in a
form prescribed by the secretary of state, that:
(A) lists the requirements for identification;
(B) states the procedure for presenting
identification under Section 65.0541;
(C) includes a map showing the location where
identification must be presented; and
(D) includes notice that if all procedures are
followed and the voter is found to be eligible to vote and is voting
in the correct precinct, the voter's provisional ballot will be
accepted; and
(3) offer the voter an opportunity to provide an
address for the purposes of Subsection (l).
(i) If the requirement for identification prescribed by
Subsection (b)(1) is not met, an election officer shall notify the
voter that the voter may be accepted for voting if the voter meets
the requirement for identification prescribed by Subsection (b)(2)
and executes a declaration declaring the voter has a reasonable
impediment to meeting the requirement for identification
prescribed by Subsection (b)(1). A person is subject to
prosecution for perjury under Chapter 37, Penal Code, or Section
63.0013 for a false statement or false information on the
declaration. The secretary of state shall prescribe the form of the
declaration. The form shall include:
(1) a notice that a person is subject to prosecution
for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
false statement or false information on the declaration;
(2) a statement that the voter swears or affirms that
the information contained in the declaration is true, that the
person described in the declaration is the same person appearing at
the polling place to sign the declaration, and that the voter faces
a reasonable impediment to procuring the identification prescribed
by Subsection (b)(1);
(3) a place for the voter to indicate one of the
following impediments:
(A) lack of transportation;
(B) lack of birth certificate or other documents
needed to obtain the identification prescribed by Subsection
(b)(1);
(C) work schedule;
(D) lost or stolen identification;
(E) disability or illness;
(F) family responsibilities; and
(G) the identification prescribed by Subsection
(b)(1) has been applied for but not received;
(4) a place for the voter to sign and date the
declaration;
(5) a place for the election judge to sign and date the
declaration;
(6) a place to note the polling place at which the
declaration is signed; [and]
(7) a place for the election judge to note which form
of identification prescribed by Subsection (b)(2) the voter
presented;
(8) a place for the voter's mailing address; and
(9) a place for the voter's voter identification
number.
(j) Each declaration described by Subsection (i) made by a
voter must be indicated beside the voter's name on the poll list and
recorded in the voter's registration record.
(k) A voter may only execute a declaration described by
Subsection (i) twice.
(l) For a voter who executes a declaration described by
Subsection (i) or who is accepted for provisional voting under
Section 63.011 solely because the voter did not meet the
requirements for identification prescribed by Section 63.001(b),
the county where the voter is registered shall mail the voter
written information, in a manner prescribed by the secretary of
state, that:
(1) lists the acceptable forms of photo identification
under Section 63.0101(a); and
(2) provides a detailed and individualized
explanation on how to obtain an acceptable form of photo
identification under Section 63.0101(a).
SECTION 3. Section 65.0541(a), Election Code, is amended to
read as follows:
(a) A voter who is accepted for provisional voting under
Section 63.011 because the voter does not meet the identification
requirements of Section 63.001(b) may, not later than the sixth day
after the date of the election:
(1) present a form of identification described by
Section 63.0101(a) or, if the voter has executed a declaration
described by Section 63.001(i) less than twice, identification
described by 63.0101(b) accompanied with a declaration described by
Section 63.001(i) [63.0101] to the voter registrar for examination;
or
(2) execute an affidavit described by Section
65.054(b)(2)(B) or (C) in the presence of the voter registrar.
SECTION 4. This Act takes effect September 1, 2025.