Texas 2025 - 89th Regular

Texas House Bill HB614 Compare Versions

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

Old	New	Differences
1	1	89R1513 MLH-F
2	2	By: Bucy H.B. No. 614
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procedures for voting after changing residence to
10	10	another county.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 12, Election Code, is
13	13	amended by adding Section 12.007 to read as follows:
14	14	Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER
15	15	REGISTRARS. An election officer serving a polling place is a deputy
16	16	voter registrar and has the same authority as a regular deputy
17	17	registrar.
18	18	SECTION 2. Section 15.002(a), Election Code, is amended to
19	19	read as follows:
20	20	(a) A voter registration certificate may contain an
21	21	explanation of the voter's rights or duties under this code,
22	22	including:
23	23	(1) the procedure by which the voter will receive a
24	24	renewal certificate;
25	25	(2) the necessity of notifying the registrar if the
26	26	voter changes residence;
27	27	(3) the necessity of applying for a new registration
28	28	if the voter changes residence to another county;
29	29	(4) the procedure for voting [period during which the
30	30	voter may vote a limited ballot] after changing residence to
31	31	another county;
32	32	(5) the procedure for voting without a certificate;
33	33	and
34	34	(6) the procedure for obtaining a replacement for a
35	35	lost or destroyed certificate.
36	36	SECTION 3. Section 16.031(a), Election Code, is amended to
37	37	read as follows:
38	38	(a) The registrar shall cancel a voter's registration
39	39	immediately on receipt of:
40	40	(1) notice under Section 13.072(b), 15.021, or
41	41	18.0681(d) or a response under Section 15.053 that the voter's
42	42	residence is outside the county;
43	43	(2) an abstract of the voter's death certificate under
44	44	Section 16.001(a) or an abstract of an application indicating that
45	45	the voter is deceased under Section 16.001(b);
46	46	(3) an abstract of a final judgment of the voter's
47	47	total mental incapacity, partial mental incapacity without the
48	48	right to vote, conviction of a felony, or disqualification under
49	49	Section 16.002, 16.003, or 16.004;
50	50	(4) notice under Section 63.007 [112.012] that the
51	51	voter has voted [applied for] a provisional [limited] ballot in
52	52	another county;
53	53	(5) notice from a voter registration official in
54	54	another state that the voter has registered to vote outside this
55	55	state;
56	56	(6) notice from the early voting clerk under Section
57	57	101.053 that a federal postcard application submitted by an
58	58	applicant states a voting residence address located outside the
59	59	registrar's county; or
60	60	(7) notice from the secretary of state that the voter
61	61	has registered to vote in another county, as determined by the
62	62	voter's driver's license number or personal identification card
63	63	number issued by the Department of Public Safety or social security
64	64	number.
65	65	SECTION 4. Chapter 63, Election Code, is amended by adding
66	66	Section 63.007 to read as follows:
67	67	Sec. 63.007. PROVISIONAL VOTING FOR VOTER WHO CHANGED
68	68	COUNTY OF RESIDENCE. (a) After changing residence to another
69	69	county, a person shall be accepted for provisional voting under
70	70	this section if:
71	71	(1) the person would have been eligible to vote in the
72	72	county of former residence on election day if still residing in that
73	73	county;
74	74	(2) the person is registered to vote in the county of
75	75	former residence at the time the person:
76	76	(A) offers to vote in the county of new
77	77	residence; or
78	78	(B) submitted a voter registration application
79	79	in the county of new residence;
80	80	(3) a voter registration for the person in the county
81	81	of new residence is not effective on or before election day; and
82	82	(4) the person offers to vote in the person's new
83	83	county of residence:
84	84	(A) at any polling place during the early voting
85	85	period;
86	86	(B) at any polling place on election day if the
87	87	county participates in the program under Section 43.007; or
88	88	(C) at the polling place of the precinct in which
89	89	the person resides on election day if the county does not
90	90	participate in the program under Section 43.007.
91	91	(b) Not later than the 30th day after the election, the
92	92	voter registrar shall notify the voter registrar for the voter's
93	93	former county of residence that the voter was accepted for voting
94	94	under this section.
95	95	SECTION 5. Section 63.011, Election Code, is amended by
96	96	adding Subsection (a-2) and amending Subsections (b), (b-1), and
97	97	(c) to read as follows:
98	98	(a-2) A person to whom Section 63.007 applies may cast a
99	99	provisional ballot if the person would be eligible to vote in the
100	100	election, but for the requirement to be a registered voter, and
101	101	executes an affidavit stating:
102	102	"I am currently registered to vote in _________ (insert name
103	103	of county) County and have not cast a ballot in that county in this
104	104	election. I understand that doing so is a felony of the second
105	105	degree under Section 64.012, Election Code."
106	106	(b) A form for an affidavit required by this section must be
107	107	printed on an envelope in which the provisional ballot voted by the
108	108	person may be placed and must include:
109	109	(1) a space for entering the identification number of
110	110	the provisional ballot voted by the person; [and]
111	111	(2) a space for an election officer to indicate
112	112	whether the person presented a form of identification described by
113	113	Section 63.0101; and
114	114	(3) for a provisional ballot voted by the person under
115	115	Section 63.007, a space for entering:
116	116	(A) the precinct number of the precinct in which
117	117	the voter voted; and
118	118	(B) the name of the county in which the voter is
119	119	registered to vote.
120	120	(b-1) The affidavit form shall [may] include space for
121	121	disclosure of any necessary information to enable the person to
122	122	register to vote under Chapter 13. The secretary of state shall
123	123	prescribe the form of the affidavit under this section.
124	124	(c) After executing the affidavit, the person shall be given
125	125	a provisional ballot for the election. An election officer shall
126	126	record the number of the ballot and, if applicable, the precinct
127	127	number on the space provided on the affidavit.
128	128	SECTION 6. Section 65.054, Election Code, is amended by
129	129	amending Subsection (b) and adding Subsection (b-1) to read as
130	130	follows:
131	131	(b) Except as provided by Subsection (b-1), a [A]
132	132	provisional ballot shall be accepted if the board determines that:
133	133	(1) from the information in the affidavit or contained
134	134	in public records, the person is eligible to vote in the election
135	135	and has not previously voted in that election;
136	136	(2) the person:
137	137	(A) meets the identification requirements of
138	138	Section 63.001(b) at the time the ballot was cast or in the period
139	139	prescribed under Section 65.0541;
140	140	(B) notwithstanding Chapter 110, Civil Practice
141	141	and Remedies Code, executes an affidavit under penalty of perjury
142	142	that states the voter has a religious objection to being
143	143	photographed and the voter has consistently refused to be
144	144	photographed for any governmental purpose from the time the voter
145	145	has held this belief; or
146	146	(C) executes an affidavit under penalty of
147	147	perjury that states the voter does not have any identification
148	148	meeting the requirements of Section 63.001(b) as a result of a
149	149	natural disaster that was declared by the president of the United
150	150	States or the governor, occurred not earlier than 45 days before the
151	151	date the ballot was cast, and caused the destruction of or inability
152	152	to access the voter's identification; and
153	153	(3) the voter has not been challenged and voted a
154	154	provisional ballot solely because the voter did not meet the
155	155	requirements for identification prescribed by Section 63.001(b).
156	156	(b-1) A provisional ballot cast under Section 63.007 shall
157	157	be accepted if the board determines from the information in the
158	158	affidavit or contained in public records that the person:
159	159	(1) is registered to vote in the county of the person's
160	160	former residence;
161	161	(2) has not previously voted in the election; and
162	162	(3) is eligible to vote in the election, but for the
163	163	requirement to be a registered voter.
164	164	SECTION 7. Section 65.055, Election Code, is amended by
165	165	adding Subsection (a-1) to read as follows:
166	166	(a-1) If the affidavit on the envelope of a provisional
167	167	ballot accepted under Section 65.054(b-1) contains the information
168	168	necessary to enable the person to register to vote under Chapter 13,
169	169	the voter registrar shall make a copy of the affidavit under
170	170	procedures prescribed by the secretary of state. The voter
171	171	registrar shall treat the copy as an application for registration
172	172	under Chapter 13.
173	173	SECTION 8. Section 111.001, Election Code, is amended to
174	174	read as follows:
175	175	Sec. 111.001. RESTRICTED BALLOT. In this subtitle,
176	176	"restricted ballot" means a ballot that is restricted to the
177	177	offices and propositions stating measures on which a person is
178	178	entitled to vote under Chapter [112,] 113[,] or 114.
179	179	SECTION 9. Section 111.009, Election Code, is amended to
180	180	read as follows:
181	181	Sec. 111.009. EXCLUDING VOTER FROM PRECINCT EARLY VOTING
182	182	LIST. The name of a person [voting a limited ballot by personal
183	183	appearance under Chapter 112 or] to whom a [limited or] federal
184	184	ballot to be voted by mail is provided under Chapter [112 or] 114 is
185	185	not required to be included on the precinct early voting list.
186	186	SECTION 10. Section 141.063(e), Election Code, is amended
187	187	to read as follows:
188	188	(e) The signer's residence address and registration address
189	189	are not required to be the same if the signer would otherwise be
190	190	able to vote for that office under Section 11.004 or 63.007
191	191	[112.002].
192	192	SECTION 11. Section 162.002, Election Code, is amended to
193	193	read as follows:
194	194	Sec. 162.002. ELIGIBILITY TO AFFILIATE. To be eligible to
195	195	affiliate with a political party, a person must be:
196	196	(1) a registered voter; or
197	197	(2) eligible to vote a provisional [limited] ballot
198	198	under Section 63.007 at the time of affiliating.
199	199	SECTION 12. Section 162.005, Election Code, is amended to
200	200	read as follows:
201	201	Sec. 162.005. AFFILIATION PROCEDURE: EARLY VOTING BY MAIL.
202	202	Subject to Section 162.004(a-1), the early voting clerk in a
203	203	general primary election shall provide an affiliation certificate
204	204	with each early voting [or limited] ballot to be voted by mail. The
205	205	certificate is not required to be provided to an applicant for a
206	206	runoff primary ballot unless the applicant requests it.
207	207	SECTION 13. Section 174.003, Election Code, is amended to
208	208	read as follows:
209	209	Sec. 174.003. DELEGATE TO BE QUALIFIED VOTER. In addition
210	210	to the requirement of party affiliation, to be eligible to serve as
211	211	a delegate to a county, senatorial district, or state convention
212	212	held under this chapter, a person must be a qualified voter of the
213	213	territory that the person is selected to represent or a resident of
214	214	that territory who is eligible to vote a provisional [limited]
215	215	ballot under Section 63.007.
216	216	SECTION 14. Section 174.024, Election Code, is amended to
217	217	read as follows:
218	218	Sec. 174.024. PARTICIPANT TO BE REGISTERED VOTER. In
219	219	addition to the requirement of party affiliation, to be eligible to
220	220	participate in a precinct convention held under this subchapter, a
221	221	person must be a registered voter of the precinct or a precinct
222	222	resident who is eligible to vote a provisional [limited] ballot
223	223	under Section 63.007.
224	224	SECTION 15. Section 181.065, Election Code, is amended to
225	225	read as follows:
226	226	Sec. 181.065. PARTICIPANT TO BE REGISTERED VOTER. To be
227	227	eligible to participate in a precinct convention held under this
228	228	chapter, a person must be a registered voter of the precinct or a
229	229	precinct resident who is eligible to vote a provisional [limited]
230	230	ballot under Section 63.007.
231	231	SECTION 16. Section 277.002(f), Election Code, is amended
232	232	to read as follows:
233	233	(f) The signer's residence address and the address listed on
234	234	the signer's registration are not required to be the same if the
235	235	signer is eligible to vote under Section 11.004 or 63.007
236	236	[112.002].
237	237	SECTION 17. Chapter 112, Election Code, is repealed.
238	238	SECTION 18. Not later than December 1, 2025, the secretary
239	239	of state shall adopt all necessary rules to implement this Act.
240	240	SECTION 19. (a) Except as provided by Subsection (b) of
241	241	this section, this Act takes effect January 1, 2026.
242	242	(b) Section 18 of this Act takes effect September 1, 2025.