Texas 2025 - 89th Regular

Texas House Bill HB5337 Compare Versions

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11 By: Isaac H.B. No. 5337
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46 A BILL TO BE ENTITLED
57 AN ACT
68 relating to requiring a person to submit proof of citizenship to
79 register to vote; creating criminal offenses.
810 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
911 SECTION 1. Section 13.002, Election Code, is amended by
1012 amending Subsection (a) and adding Subsections (a-1) and (a-2) to
1113 read as follows:
1214 (a) A person desiring to register to vote must submit an
1315 application and proof of citizenship as required under Subsection
1416 (a-1) to the registrar of the county in which the person resides.
1517 Except as provided by Subsection (e), an application must be
1618 submitted by personal delivery, by mail, or by telephonic facsimile
1719 machine in accordance with Sections 13.143(d) and (d-2).
1820 (a-1) A person desiring to register to vote shall submit to
1921 the registrar a copy of one of the following documents:
2022 (1) a United States passport or passport card issued
2123 to the person;
2224 (2) a certified copy of a birth certificate issued by a
2325 United States state or territory, or the District of Columbia;
2426 (3) United States citizenship papers issued to the
2527 person;
2628 (4) identification issued by the agency of the United
2729 States responsible for citizenship and immigration; or
2830 (5) for citizens born abroad, a certificate of report
2931 of birth or consular report of birth abroad issued by the United
3032 States Department of State.
3133 (a-2) An applicant registering to vote under Subchapter C,
3234 Chapter 20, may satisfy the requirements of Subsection (a-1) by
3335 providing the proof of citizenship required under Subsection (a-1)
3436 to the Department of Public Safety.
3537 SECTION 2. Subchapter B, Chapter 13, Election Code, is
3638 amended by adding Section 13.0391 to read as follows:
3739 Sec. 13.0391. PROOF OF CITIZENSHIP REQUIREMENTS. (a) On
3840 receipt of a registration application, a volunteer deputy registrar
3941 shall provide the applicant with a written notice that includes a
4042 statement that:
4143 (1) if the applicant's citizenship status cannot be
4244 verified using the applicant's identification number provided
4345 under Section 13.002(c)(8), the applicant must provide proof of
4446 citizenship to the registrar under Section 13.002(a-1); and
4547 (2) if the applicant does not provide the required
4648 proof of citizenship, the applicant will be qualified to vote only a
4749 limited federal ballot under Chapter 115.
4850 (b) The notice described by Subsection (a) may be included
4951 in the receipt provided to the voter under Section 13.040.
5052 (c) A volunteer deputy registrar may not receive a voter's
5153 proof of citizenship documentation under Section 13.002(a-1).
5254 (d) The voter registrar shall provide training to the
5355 volunteer deputy registrar regarding the requirements of this
5456 section using training materials prescribed by the secretary of
5557 state.
5658 SECTION 3. Section 13.072, Election Code, is amended by
5759 amending Subsections (a) and (c) and adding Subsections (f) and (g)
5860 to read as follows:
5961 (a) Except as provided by Section 13.0721, and unless
6062 [Unless] the registrar challenges the applicant, the registrar
6163 shall approve the application if:
6264 (1) the registrar determines that an application
6365 complies with Section 13.002 and indicates that the applicant is
6466 eligible for registration; [and]
6567 (2) for an applicant who has not included a statement
6668 described by Section 13.002(c)(8)(C), the registrar verifies with
6769 the secretary of state:
6870 (A) the applicant's Texas driver's license number
6971 or number of a personal identification card issued by the
7072 Department of Public Safety; or
7173 (B) the last four digits of the applicant's
7274 social security number; and
7375 (3) for an applicant who has not submitted proof of
7476 citizenship required under Section 13.002(a-1), the registrar
7577 verifies that the person is a United States citizen through the
7678 verification process described by Section 13.0721.
7779 (c) Except as provided by Subsection (d) and Section
7880 13.0721, if the registrar determines that an application does not
7981 comply with Section 13.002 or does not indicate that the applicant
8082 is eligible for registration, the registrar shall reject the
8183 application.
8284 (f) A person commits an offense if the person knowingly
8385 fails to reject an application as required under Subsection (c).
8486 (g) An offense under this section is a state jail felony.
8587 SECTION 4. Subchapter C, Chapter 13, Election Code, is
8688 amended by adding Sections 13.0721, 13.0722, and 13.0723 to read as
8789 follows:
8890 Sec. 13.0721. VERIFICATION OF CITIZENSHIP BY REGISTRAR.
8991 (a) Not later than the 10th day after the date an application for
9092 registration is submitted to the registrar without a proof of
9193 citizenship document required under Section 13.002(a-1), the
9294 registrar shall use all available resources to verify the
9395 citizenship status of the applicant and at a minimum shall compare
9496 the information available on the application with information
9597 relevant to citizenship provided to the registrar by the secretary
9698 of state from the following databases, provided the secretary of
9799 state has access:
98100 (1) the Department of Public Safety's electronic
99101 databases;
100102 (2) the Social Security Administration databases;
101103 (3) the United States Citizenship and Immigration
102104 Services Systematic Alien Verification for Entitlements Program,
103105 if practicable;
104106 (4) a national association for public health
105107 statistics and information systems electronic verification of
106108 vital events system; and
107109 (5) any other federal, state, or other political
108110 subdivision database and any other database relating to voter
109111 registration to which the registrar has access.
110112 (b) The secretary of state is authorized to contract with an
111113 entity that governs a database described by Subsections (a)(1)-(5)
112114 for purposes of verifying an applicant's citizenship and shall
113115 provide the information in the contracted databases to a registrar
114116 for the purpose of verifying citizenship.
115117 (c) Notwithstanding the requirement to submit documentation
116118 under Section 13.002(a-1), the registrar shall approve the
117119 application if the registrar matches the applicant with information
118120 that verifies the applicant is a United States citizen and is
119121 otherwise eligible for registration under this chapter.
120122 (d) If the registrar matches the applicant with information
121123 that the applicant is not a United States citizen, the registrar
122124 shall:
123125 (1) reject the application;
124126 (2) notify the applicant that the application was
125127 rejected because the applicant is not a United States citizen; and
126128 (3) forward the application to the county attorney and
127129 attorney general for investigation under Subchapter G.
128130 (e) If the registrar is unable to match the applicant with
129131 appropriate citizenship information, the registrar shall:
130132 (1) approve the application only for voting a limited
131133 federal ballot under Chapter 115;
132134 (2) notify the applicant:
133135 (A) that the registrar could not verify that the
134136 applicant is a United States citizen;
135137 (B) that the applicant will be qualified to vote
136138 only a limited federal ballot under Chapter 115 unless the
137139 applicant provides a proof of citizenship document required under
138140 Section 13.002(a-1); and
139141 (C) of the procedures for submitting proof of
140142 citizenship to the registrar in order to qualify for a full ballot.
141143 (f) The registrar shall record the efforts made to verify an
142144 applicant's citizenship status as required by this section.
143145 (g) A person commits an offense if the person knowingly or
144146 intentionally:
145147 (1) registers an applicant to vote without the
146148 verification required under Subsection (a); and
147149 (2) causes an applicant who is not a United States
148150 citizen to be registered.
149151 (h) An offense under this section is a state jail felony.
150152 Sec. 13.0722. LIMITATION ON VOTER QUALIFICATION. (a) An
151153 individual who fails to submit proof of citizenship under Section
152154 13.002(a-1) to the registrar and who is unable to be verified as a
153155 United States citizen under Section 13.0721 is only qualified to
154156 vote a limited federal ballot under Chapter 115.
155157 (b) An individual who is qualified to vote only a limited
156158 federal ballot under Chapter 115 may remove the limitation imposed
157159 by this section by submitting proof of citizenship to the registrar
158160 as required by Section 13.002(a-1) or by being verified by the
159161 registrar as a United States citizen under Section 13.0721.
160162 (c) The registrar shall enter the notation "F", or a similar
161163 notation approved by the secretary of state, on the list of
162164 registered voters beside each voter's name who is only qualified to
163165 vote a limited federal ballot under Chapter 115.
164166 Sec. 13.0723. VERIFICATION OF CITIZENSHIP FOR EXISTING
165167 REGISTRANTS. (a) Not later than December 1, 2025, the secretary of
166168 state shall provide information to each registrar under Section
167169 13.0721(a) for each registered voter who registered to vote before
168170 September 1, 2025, and who has not provided proof of citizenship
169171 under Section 13.002.
170172 (b) If the registrar matches the registered voter with
171173 information that verifies the voter is a United States citizen and
172174 is otherwise eligible for registration under this chapter, the
173175 registrar shall record the efforts made to verify the individual's
174176 citizenship status and indicate that the individual was verified as
175177 a United States citizen.
176178 (c) If the registrar matches the registered voter with
177179 information that the voter is not a United States citizen, the
178180 registrar shall record the efforts made to verify the voter's
179181 citizenship status and investigate the eligibility of the voter
180182 under Section 16.0332.
181183 (d) If the registrar is unable to match the registered voter
182184 with appropriate citizenship information, the registrar shall
183185 record the efforts made to verify the voter's citizenship status
184186 and indicate that the registrar was unable to verify the voter's
185187 citizenship status and that the voter is qualified to vote only a
186188 limited federal ballot under Chapter 115. The registrar will
187189 notify the voter:
188190 (1) that the registrar was unable to verify the voter's
189191 citizenship status;
190192 (2) that the voter will be qualified to vote only a
191193 limited federal ballot under Chapter 115 unless the voter provides
192194 a proof of citizenship document required under Section 13.002(a-1);
193195 and
194196 (3) of the procedures for submitting proof of
195197 citizenship to the registrar in order to be qualified to vote a full
196198 ballot.
197199 SECTION 5. Section 13.121(a), Election Code, is amended to
198200 read as follows:
199201 (a) The officially prescribed application form for
200202 registration by mail must be in the form of [a] business reply mail
201203 [postcard], unless another form or system is used under Subsection
202204 (b), with postage paid by the state. The secretary of state shall
203205 design the form to enhance the legibility of its contents.
204206 SECTION 6. Section 13.122(a), Election Code, is amended to
205207 read as follows:
206208 (a) In addition to the other statements and spaces for
207209 entering information that appear on an officially prescribed
208210 registration application form, each official form must include:
209211 (1) the statement: "I understand that giving false
210212 information to procure a voter registration is perjury and a crime
211213 under state and federal law.";
212214 (2) a space for the applicant's registration number;
213215 (3) a space for the applicant's Texas driver's license
214216 number or number of a personal identification card issued by the
215217 Department of Public Safety;
216218 (4) a space for the applicant's telephone number;
217219 (5) a space for the applicant's social security
218220 number;
219221 (6) a space for the applicant's sex;
220222 (7) a statement indicating that the furnishing of the
221223 applicant's telephone number and sex is optional;
222224 (8) a space or box for indicating whether the
223225 applicant or voter is submitting new registration information or a
224226 change in current registration information;
225227 (9) a statement instructing a voter who is using the
226228 form to make a change in current registration information to enter
227229 the voter's name and the changed information in the appropriate
228230 spaces on the form;
229231 (10) a statement that if the applicant declines to
230232 register to vote, that fact will remain confidential and will be
231233 used only for voter registration purposes;
232234 (11) a statement that if the applicant does register
233235 to vote, information regarding the agency or office to which the
234236 application is submitted will remain confidential and will be used
235237 only for voter registration purposes;
236238 (12) a space or box for indicating whether the
237239 applicant is interested in working as an election judge;
238240 (13) a statement warning that a conviction for making
239241 a false statement may result in imprisonment for up to the maximum
240242 amount of time provided by law, a fine of up to the maximum amount
241243 provided by law, or both the imprisonment and the fine;
242244 (14) a statement that the applicant shall submit to
243245 the registrar information under Section 13.002(c)(8) or
244246 Subdivision (15) of this subsection that allows the registrar to
245247 verify the applicant's citizenship or a copy of one of the following
246248 documents:
247249 (A) a United States passport or passport card
248250 issued to the person;
249251 (B) a certified copy of a birth certificate
250252 issued by a United States state or territory, or the District of
251253 Columbia;
252254 (C) United States citizenship papers issued to
253255 the person;
254256 (D) identification issued by the agency of the
255257 United States responsible for citizenship and immigration; or
256258 (E) for citizens born abroad, a certificate of
257259 report of birth or consular report of birth abroad issued by the
258260 United States Department of State;
259261 (15) a space for the applicant's alien registration
260262 number, certificate of naturalization number, or certificate of
261263 citizenship number, if applicable to the applicant; and
262264 (16) [(14)] any other voter registration information
263265 required by federal law or considered appropriate and required by
264266 the secretary of state.
265267 SECTION 7. Chapter 13, Election Code, is amended by adding
266268 Subchapter G to read as follows:
267269 SUBCHAPTER G. VERIFICATION OF CITIZENSHIP STATUS BY ATTORNEY
268270 GENERAL; INVESTIGATION; OFFENSE
269271 Sec. 13.151. VERIFICATION OF CITIZENSHIP STATUS. (a) The
270272 secretary of state and each county registrar shall:
271273 (1) make available to the attorney general a list of
272274 all persons who are registered to vote and who have not provided
273275 proof of citizenship as required by Section 13.002(a-1) or had the
274276 person's citizenship verified under Section 13.0721; and
275277 (2) provide to the attorney general the voter
276278 registration applications of persons described by Subdivision (1).
277279 (b) Not later than the 30th day after the date a county
278280 registrar receives a voter registration application for a person
279281 who has not provided proof of citizenship as required by Section
280282 13.002(a-1), the secretary of state and the county voter registrar
281283 shall provide to the attorney general the voter registration
282284 application.
283285 (c) After receiving a voter registration application under
284286 Subsection (a) or (b), the attorney general shall use all available
285287 resources to verify the citizenship status of the applicant and at a
286288 minimum compare the information available on the voter registration
287289 application with the databases described by Section 13.0721(a).
288290 (d) The secretary of state shall provide to the attorney
289291 general access and any assistance necessary to satisfy the
290292 requirements of this section.
291293 Sec. 13.152. REPORT. (a) Not later than March 31, 2026,
292294 the attorney general shall prepare and submit to the secretary of
293295 state, the lieutenant governor, and the speaker of the house of
294296 representatives a report detailing all findings relating to the
295297 citizenship status of persons who are registered to vote and who
296298 have not provided a proof of citizenship document required under
297299 Section 13.002(a-1).
298300 (b) This section expires April 1, 2026.
299301 Sec. 13.153. ILLEGAL REGISTRATION. (a) A person commits an
300302 offense if the person:
301303 (1) knowingly or intentionally applies to register as
302304 a voter in this state; and
303305 (2) is not a United States citizen.
304306 (b) An offense under this section is a state jail felony.
305307 Sec. 13.154. PROSECUTION BY ATTORNEY GENERAL. If a
306308 district attorney, criminal district attorney, or county attorney
307309 fails to prosecute conduct constituting an offense under Section
308310 13.153 within 180 days after discovering a person engaged in the
309311 conduct, the attorney general shall prosecute the offense.
310312 SECTION 8. Section 15.021, Election Code, is amended by
311313 adding Subsection (f) to read as follows:
312314 (f) A voter who has previously provided proof of citizenship
313315 as required by Section 13.002(a-1) or has been verified as a United
314316 States citizen under Section 13.0721(b) is not required to provide
315317 proof of citizenship when submitting an update, change, or
316318 correction to the voter's registration information.
317319 SECTION 9. Subchapter B, Chapter 15, Election Code, is
318320 amended by adding Section 15.0211 to read as follows:
319321 Sec. 15.0211. NOTATION FOR DETERMINATION OF BALLOT. (a)
320322 The registrar shall enter the notation "F", or a similar notation
321323 approved by the secretary of state, on the list of registered voters
322324 beside the name of each voter whose United States citizenship has
323325 not been verified.
324326 (b) The registrar shall delete the notation from the list if
325327 the voter provides proof of citizenship in accordance with Section
326328 13.002(a-1) or is verified as a United States citizen under Section
327329 13.0721.
328330 SECTION 10. Chapter 63, Election Code, is amended by adding
329331 Section 63.007 to read as follows:
330332 Sec. 63.007. LIMITED FEDERAL BALLOT VOTER. A voter whose
331333 name is on the precinct list of registered voters with an "F" beside
332334 the voter's name shall only be accepted for voting a limited federal
333335 ballot under Chapter 115.
334336 SECTION 11. Section 111.001, Election Code, is amended to
335337 read as follows:
336338 Sec. 111.001. RESTRICTED BALLOT. In this subtitle,
337339 "restricted ballot" means a ballot that is restricted to the
338340 offices and propositions stating measures on which a person is
339341 entitled to vote under Chapter 112, 113, [or] 114, or 115.
340342 SECTION 12. Subtitle C, Title 7, Election Code, is amended
341343 by adding Chapter 115 to read as follows:
342344 CHAPTER 115. VOTING LIMITED FEDERAL BALLOT
343345 Sec. 115.001. ELIGIBILITY. A person is eligible to vote a
344346 limited federal ballot by personal appearance during the early
345347 voting period or on election day if:
346348 (1) the person has registered to vote under Chapter
347349 13;
348350 (2) the person has not provided proof of citizenship
349351 as required by Section 13.002(a-1); and
350352 (3) the county registrar is unable to match the person
351353 with appropriate citizenship information under Section 13.0721.
352354 Sec. 115.002. PROCEDURE FOR VOTING BY PERSONAL APPEARANCE.
353355 (a) A voter who votes a limited federal ballot shall place the
354356 marked ballot in a sealed envelope designed for limited federal
355357 ballots. The presiding judge shall place the sealed envelope in a
356358 locked, sealed container that is designated specifically for
357359 limited federal ballots.
358360 (b) The presiding judge shall provide a notice prescribed by
359361 the secretary of state to a voter who votes a limited federal ballot
360362 under Subsection (a). The notice must inform the voter that:
361363 (1) because the voter registrar was unable to verify
362364 the voter's citizenship status, the voter is qualified to vote only
363365 a limited federal ballot under this chapter;
364366 (2) the voter must provide proof of citizenship to the
365367 voter registrar not later than the sixth day after election day in
366368 order for a voter's limited federal ballot to be counted as a full
367369 ballot; and
368370 (3) if the voter does not provide proof of citizenship
369371 to the voter registrar by the sixth day after election day, then
370372 only the races for the offices of United States senator or United
371373 States representative on the voter's ballot will be counted.
372374 (c) The early voting clerk shall deliver the container
373375 containing the limited federal ballots cast during the period for
374376 early voting by personal appearance and its key to the voter
375377 registrar at the end of the period for early voting by personal
376378 appearance.
377379 (d) The presiding judge shall deliver the container
378380 containing the limited federal ballots cast on election day and its
379381 key to the voter registrar on election night.
380382 Sec. 115.003. VOTER REGISTRAR REVIEW OF LIMITED FEDERAL
381383 BALLOTS. (a) If a voter presents proof of citizenship to the voter
382384 registrar before the sixth day after the date of the election, then
383385 the voter registrar shall indicate on the sealed envelope that the
384386 voter has provided proof of citizenship under Section 13.002(a-1)
385387 and is entitled to a full ballot. The voter registrar shall
386388 indicate on the voter's registration record that the voter has
387389 provided proof of citizenship.
388390 (b) If a voter fails to present proof of citizenship to the
389391 voter registrar by the deadline prescribed by Subsection (a), then
390392 the voter registrar shall indicate on the sealed envelope that the
391393 voter has not provided proof of citizenship and is entitled to vote
392394 for the offices of United States senator or United States
393395 representative only.
394396 (c) If a voter notifies the voter registrar that the voter
395397 is not a United States citizen, then the voter registrar will notate
396398 on the sealed envelope that the limited federal ballot is canceled.
397399 The registrar will retain the sealed envelope for the duration of
398400 the preservation period for precinct election records and shall
399401 cancel the voter's voter registration.
400402 (d) The voter registrar will deliver the container
401403 containing the limited federal ballots that have been reviewed by
402404 the registrar to the presiding judge of the early voting ballot
403405 board.
404406 (e) The registrar shall deliver the container containing
405407 the limited federal ballots to the presiding judge of the early
406408 voting ballot board on a rolling basis. The first delivery of
407409 limited federal ballots to the early voting ballot board must be
408410 made not later than election day. The last delivery of limited
409411 federal ballots to the early voting ballot board must be made not
410412 later than the last day for the early voting ballot board to meet
411413 after election day under Section 87.125.
412414 Sec. 115.004. EARLY VOTING BALLOT BOARD REVIEW OF LIMITED
413415 FEDERAL BALLOTS. (a) The early voting ballot board shall separate
414416 the sealed envelopes for voters who have qualified for full ballots
415417 under Section 115.003(a) from the sealed envelopes for voters who
416418 are qualified to vote only for the offices of United States senator
417419 or United States representative under Section 115.003(b).
418420 (b) The early voting ballot board will remove the ballots
419421 from the sealed envelopes and place the ballots that are qualified
420422 as full ballots in separate containers from the ballots that are
421423 restricted to only the offices of United States senator or United
422424 States representative.
423425 (c) The early voting ballot board will count each race on
424426 the ballots that are qualified as full ballots.
425427 (d) The early voting ballot board will only count the races
426428 of United States senator and United States representative on the
427429 ballots that are restricted to those offices. The early voting
428430 ballot board will strike through the remaining races on the ballot
429431 to indicate that those races cannot be counted.
430432 (e) The early voting ballot board will count the ballots as
431433 follows:
432434 (1) for ballots to be counted manually, in the manner
433435 provided by Subchapter D, Chapter 87; and
434436 (2) for ballots to be counted by automatic tabulating
435437 equipment, in the manner provided by Subchapter F, Chapter 87.
436438 (f) The early voting ballot board will deliver the returns
437439 of limited federal ballots, the limited federal ballots, and other
438440 records to the general custodian of election records for
439441 preservation. The records shall be preserved for the duration of
440442 the period for preserving precinct election records.
441443 Sec. 115.005. NOTICE OF OUTCOME TO VOTER. (a) Not later
442444 than the 10th day after the local canvass, the presiding judge of
443445 the early voting ballot board shall deliver written notice to a
444446 voter who submits a ballot under this chapter regarding whether:
445447 (1) the ballot was counted as a full ballot;
446448 (2) the ballot was counted as a ballot restricted to
447449 the offices of United States senator and United States
448450 representative; or
449451 (3) the ballot could not be counted.
450452 (b) A notice under Subsection (a)(1) must include a
451453 statement that all races on the voter's ballot were counted because
452454 the voter provided proof of citizenship as required by this
453455 chapter.
454456 (c) A notice under Subsection (a)(2) must include:
455457 (1) a statement that only the voter's selections for
456458 offices of United States senator and United States representative
457459 on the voter's ballot were counted because the voter did not provide
458460 proof of citizenship as required by this chapter; and
459461 (2) instructions to the voter for providing proof of
460462 citizenship to the registrar required by Section 13.002(a-1) in
461463 order to receive a full ballot for future elections.
462464 (d) A notice under Subsection (a)(3) must include:
463465 (1) a statement that the voter's ballot was not able to
464466 be counted because the voter provided information to the registrar
465467 that the voter is not a United States citizen; and
466468 (2) a statement that the voter's registration has been
467469 canceled.
468470 SECTION 13. As soon as practicable after the effective date
469471 of this Act, the secretary of state shall adopt rules necessary to
470472 implement the changes in law made by this Act.
471473 SECTION 14. (a) Not later than January 1, 2026, the
472474 secretary of state shall request that the federal Election
473475 Assistance Commission alter the mail voter registration
474476 application form requirements described in the National Voter
475477 Registration Act of 1993 (52 U.S.C. Section 20501 et seq.) to
476478 include a requirement that applicants submit documented proof of
477479 citizenship as a condition to registration in Texas.
478480 (b) If the federal Election Assistance Commission fails to
479481 comply with the secretary of state's request under Subsection (a)
480482 of this section before the 180th day following the date of that
481483 request, the attorney general shall seek enforcement in a court of
482484 law.
483485 SECTION 15. This Act takes effect September 1, 2025.