Texas 2025 - 89th Regular

Texas House Bill HB4652 Compare Versions

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

Old	New	Differences
1	1	89R15361 MPF-D
2	2	By: Lowe H.B. No. 4652
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to voter registration and affiliation with a political
10	10	party; creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 13.002(c), Election Code, is amended to
13	13	read as follows:
14	14	(c) A registration application must include:
15	15	(1) the applicant's first name, middle name, if any,
16	16	last name, and former name, if any;
17	17	(2) the month, day, and year of the applicant's birth;
18	18	(3) a statement that the applicant is a United States
19	19	citizen;
20	20	(4) a statement that the applicant is a resident of the
21	21	county;
22	22	(5) a statement that the applicant has not been
23	23	determined by a final judgment of a court exercising probate
24	24	jurisdiction to be:
25	25	(A) totally mentally incapacitated; or
26	26	(B) partially mentally incapacitated without the
27	27	right to vote;
28	28	(6) a statement that the applicant has not been
29	29	finally convicted of a felony or that the applicant is a felon
30	30	eligible for registration under Section 13.001;
31	31	(7) the applicant's residence address or, if the
32	32	residence has no address, the address at which the applicant
33	33	receives mail and a concise description of the location of the
34	34	applicant's residence;
35	35	(8) the following information:
36	36	(A) the applicant's Texas driver's license number
37	37	or the number of a personal identification card issued by the
38	38	Department of Public Safety;
39	39	(B) if the applicant has not been issued a number
40	40	described by Paragraph (A), the last four digits of the applicant's
41	41	social security number; or
42	42	(C) a statement by the applicant that the
43	43	applicant has not been issued a number described by Paragraph (A) or
44	44	(B);
45	45	(9) if the application is made by an agent, a statement
46	46	of the agent's relationship to the applicant; [and]
47	47	(10) the city and county in which the applicant
48	48	formerly resided; and
49	49	(11) the applicant's political party affiliation, if
50	50	any.
51	51	SECTION 2. Section 13.122(a), Election Code, is amended to
52	52	read as follows:
53	53	(a) In addition to the other statements and spaces for
54	54	entering information that appear on an officially prescribed
55	55	registration application form, each official form must include:
56	56	(1) the statement: "I understand that giving false
57	57	information to procure a voter registration is perjury and a crime
58	58	under state and federal law.";
59	59	(2) a space for the applicant's registration number;
60	60	(3) a space for the applicant's Texas driver's license
61	61	number or number of a personal identification card issued by the
62	62	Department of Public Safety;
63	63	(4) a space for the applicant's telephone number;
64	64	(5) a space for the applicant's social security
65	65	number;
66	66	(6) a space for the applicant's sex;
67	67	(7) a statement indicating that the furnishing of the
68	68	applicant's telephone number and sex is optional;
69	69	(8) a space or box for indicating whether the
70	70	applicant or voter is submitting new registration information or a
71	71	change in current registration information;
72	72	(9) a statement instructing a voter who is using the
73	73	form to make a change in current registration information to enter
74	74	the voter's name and the changed information in the appropriate
75	75	spaces on the form;
76	76	(10) a statement that if the applicant declines to
77	77	register to vote, that fact will remain confidential and will be
78	78	used only for voter registration purposes;
79	79	(11) a statement that if the applicant does register
80	80	to vote, information regarding the agency or office to which the
81	81	application is submitted will remain confidential and will be used
82	82	only for voter registration purposes;
83	83	(12) a space or box for indicating whether the
84	84	applicant is interested in working as an election judge;
85	85	(13) a statement warning that a conviction for making
86	86	a false statement may result in imprisonment for up to the maximum
87	87	amount of time provided by law, a fine of up to the maximum amount
88	88	provided by law, or both the imprisonment and the fine; [and]
89	89	(14) a space for the applicant's political party
90	90	affiliation; and
91	91	(15) any other voter registration information
92	92	required by federal law or considered appropriate and required by
93	93	the secretary of state.
94	94	SECTION 3. Section 15.001(a), Election Code, is amended to
95	95	read as follows:
96	96	(a) Each voter registration certificate issued must
97	97	contain:
98	98	(1) the voter's name in the form indicated by the
99	99	voter, subject to applicable requirements prescribed by Section
100	100	13.002 and by rule of the secretary of state;
101	101	(2) the voter's residence address or, if the residence
102	102	has no address, the address at which the voter receives mail and a
103	103	concise description of the location of the voter's residence;
104	104	(3) the year of the voter's birth;
105	105	(4) the number of the county election precinct in
106	106	which the voter resides;
107	107	(5) the voter's effective date of registration if an
108	108	initial certificate;
109	109	(6) the voter's registration number;
110	110	(7) an indication of the period for which the
111	111	certificate is issued;
112	112	(8) a statement explaining the circumstances under
113	113	which the voter will receive a new certificate;
114	114	(9) a space for indicating [stamping] the voter's
115	115	political party affiliation;
116	116	(10) a statement that voting with the certificate by a
117	117	person other than the person in whose name the certificate is issued
118	118	is a felony;
119	119	(11) a space for the voter's signature;
120	120	(12) a statement that the voter must sign the
121	121	certificate personally, if able to sign, immediately on receipt;
122	122	(13) a space for the voter to correct the information
123	123	on the certificate followed by a signature line;
124	124	(14) the statement: "If any information on this
125	125	certificate changes or is incorrect, correct the information in the
126	126	space provided, sign below, and return this certificate to the
127	127	voter registrar.";
128	128	(15) the registrar's mailing address and telephone
129	129	number; and
130	130	(16) the jurisdictional or distinguishing number for
131	131	the following territorial units in which the voter resides, as
132	132	determined by the voter registrar:
133	133	(A) congressional district;
134	134	(B) state senatorial district;
135	135	(C) state representative district;
136	136	(D) commissioners precinct;
137	137	(E) justice precinct;
138	138	(F) city election precinct; and
139	139	(G) school district election precinct.
140	140	SECTION 4. Subchapter C, Chapter 15, Election Code, is
141	141	amended by adding Section 15.055 to read as follows:
142	142	Sec. 15.055. CONFIRMATION NOTICE: FAILURE TO VOTE. (a) The
143	143	registrar shall identify each voter in the registrar's county who
144	144	fails to vote in any election for two years from the date of a
145	145	general election for state and county officers.
146	146	(b) The registrar shall deliver a confirmation notice to any
147	147	voter identified under Subsection (a) in accordance with Section
148	148	15.051.
149	149	SECTION 5. Section 63.011(a), Election Code, is amended to
150	150	read as follows:
151	151	(a) A person to whom Section 63.001(g), [or] 63.009, or
152	152	172.1115(c) applies may cast a provisional ballot if the person
153	153	executes an affidavit stating that the person:
154	154	(1) is a registered voter in the precinct in which the
155	155	person seeks to vote; and
156	156	(2) is eligible to vote in the election.
157	157	SECTION 6. Section 112.002, Election Code, is amended by
158	158	adding Subsection (g) to read as follows:
159	159	(g) If the voter seeks a limited ballot for a party primary
160	160	election, the voter must indicate the political party the voter was
161	161	affiliated with at the address where the voter was previously
162	162	registered on the statement executed under Subsection (c). If the
163	163	early voting clerk can establish the voter's affiliation from the
164	164	previous registration, the voter is entitled to vote a limited
165	165	ballot in that party's primary.
166	166	SECTION 7. Section 162.001(a), Election Code, is amended to
167	167	read as follows:
168	168	(a) A person must be affiliated with a political party to be
169	169	eligible:
170	170	(1) to serve as a delegate to or otherwise participate
171	171	in a convention held by the party under this code;
172	172	(2) to be elected as a member of or be appointed to
173	173	fill a vacancy on a state executive committee;
174	174	(3) to be appointed to fill a vacancy on a county
175	175	executive committee;
176	176	(4) to vote in the party's primary election; or
177	177	(5) [(4)] for any other purpose within the party as
178	178	adopted by state party rules.
179	179	SECTION 8. Section 162.003, Election Code, is amended to
180	180	read as follows:
181	181	Sec. 162.003. AFFILIATION PROCEDURE [BY VOTING IN PRIMARY].
182	182	(a) A person becomes affiliated with a political party by notifying
183	183	the registrar of the person's affiliation [when the person:
184	184	[(1) is accepted to vote in the party's primary
185	185	election; or
186	186	[(2) returns an early voting or limited primary ballot
187	187	voted by mail].
188	188	(b) At the time a person registers to vote the person may:
189	189	(1) affiliate with a political party that holds a
190	190	primary election or a political party that makes its nominations by
191	191	convention regardless of whether the party has a state
192	192	organization; or
193	193	(2) indicate no affiliation with any political party.
194	194	(c) A registered voter who does not indicate an affiliation
195	195	with a political party of this state shall be listed as
196	196	"independent" on the voter's registration certificate and on the
197	197	list of registered voters.
198	198	(d) A registered voter may change the voter's affiliation
199	199	status by notifying the registrar as provided by Section 15.021.
200	200	(e) A person may also indicate a party affiliation at the
201	201	time the person submits a federal postcard application under
202	202	Chapter 101.
203	203	(f) The secretary of state shall prescribe any additional
204	204	procedures necessary to implement this section.
205	205	SECTION 9. Section 162.010(a), Election Code, is amended to
206	206	read as follows:
207	207	(a) A [Except as provided by Subsection (b), a] party
208	208	affiliation expires on cancellation of a voter's registration or at
209	209	the time a change in affiliation takes effect under Section 15.025
210	210	[at the end of the voting year in which the person became
211	211	affiliated].
212	212	SECTION 10. Section 162.013, Election Code, is amended to
213	213	read as follows:
214	214	Sec. 162.013. VOID VOTE. A vote in a primary election is
215	215	void if the voter is not affiliated with the political party holding
216	216	the primary [previously voted in a primary election of another
217	217	party or participated in a convention of another party during the
218	218	same voting year].
219	219	SECTION 11. Sections 162.014(a), (c), and (d), Election
220	220	Code, are amended to read as follows:
221	221	(a) A person commits an offense if the person knowingly
222	222	votes or attempts to vote in a primary election or participates or
223	223	attempts to participate in a convention of a party without being
224	224	affiliated with that party [after having voted in a primary
225	225	election or participated in a convention of another party during
226	226	the same voting year].
227	227	(c) An offense under this section is a felony of the second
228	228	degree if the conduct constituting an offense under Subsection (a)
229	229	consists of knowingly voting in a primary election of a party
230	230	without being affiliated with that party [after having voted in a
231	231	primary election of another party during the same voting year].
232	232	(d) An offense under this section is a state jail felony if
233	233	the conduct constituting an offense under Subsection (a) consists
234	234	of knowingly attempting to vote in a primary election of a party
235	235	without being affiliated with that party [after having voted in a
236	236	primary election of another party during the same voting year].
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. Subchapter E, Chapter 172, Election Code, is
245	245	amended by adding Section 172.1115 to read as follows:
246	246	Sec. 172.1115. AFFILIATION WITH PARTY REQUIRED. (a) The
247	247	signature roster for a primary election must state at the top of
248	248	each page "A person commits a criminal offense if the person
249	249	knowingly votes in a primary election or participates in a
250	250	convention of a party without being affiliated with that party."
251	251	(b) Except as provided by Subsection (c), a person may not
252	252	be accepted for voting in a primary election of a political party
253	253	unless:
254	254	(1) the list of registered voters indicates that the
255	255	person is affiliated with that political party; or
256	256	(2) the voter's registration certificate indicates
257	257	that the voter is affiliated with that political party.
258	258	(c) A person who seeks to vote in a primary election but
259	259	cannot establish the person's party affiliation under Subsection
260	260	(b) may be accepted only for provisional voting under Section
261	261	63.011.
262	262	SECTION 14. Section 172.126(g), Election Code, is amended
263	263	to read as follows:
264	264	(g) A separate set of ballot boxes or other suitable
265	265	containers approved by the secretary of state shall be used for each
266	266	party's primary, except that one set of ballot boxes or other
267	267	containers may be used in a joint primary using an electronic voting
268	268	system in which the ballots are deposited by the voters directly
269	269	into a unit of automatic tabulating equipment. [The lists of
270	270	registered voters and the voters' registration certificates shall
271	271	be marked and stamped to show the appropriate party affiliation for
272	272	each voter.] A separate list of registered voters shall be used for
273	273	each party's primary. The secretary of state by rule shall
274	274	prescribe requirements to ensure that one party's ballot is readily
275	275	distinguished from another's, which may include the use of
276	276	different colors of ink.
277	277	SECTION 15. The following provisions of the Election Code
278	278	are repealed:
279	279	(1) Sections 162.004, 162.005, 162.006, 162.007,
280	280	162.008, and 162.009;
281	281	(2) Section 162.010(b);
282	282	(3) Section 172.1141; and
283	283	(4) Section 172.115(c).
284	284	SECTION 16. (a) Not later than October 1, 2025, the voter
285	285	registrar of each county shall mail to each registered voter in the
286	286	county notice of the affiliation requirement necessary to vote in a
287	287	party primary election. The notice must:
288	288	(1) inform the voter that to vote in a party primary
289	289	election the voter must be affiliated with that party;
290	290	(2) inform the voter of the process of affiliation
291	291	with the voter registrar and state that if a voter does not provide
292	292	an affiliation, the voter's next registration certificate will
293	293	indicate that the voter is "independent" and unable to vote in a
294	294	party's primary;
295	295	(3) include a postage paid postcard that may be
296	296	returned to the voter registrar to indicate the voter's
297	297	affiliation; and
298	298	(4) be in the form prescribed by the secretary of
299	299	state.
300	300	(b) If a registered voter does not indicate a party
301	301	affiliation before December 31, 2025, the voter registrar shall
302	302	list the voter's initial affiliation status as "independent."
303	303	(c) The change in law made by Section 15.001(a), Election
304	304	Code, as amended by this Act, requiring that each voter
305	305	registration certificate must indicate the political affiliation
306	306	of the voter applies only to a certificate effective for voting on
307	307	or after January 1, 2026.
308	308	SECTION 17. This Act takes effect September 1, 2025.