Texas 2025 - 89th Regular

Texas Senate Bill SB144 Compare Versions

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11 89R2909 LRM-D
22 By: Menéndez, et al. S.B. No. 144
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to requiring a voter to present proof of identification.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 13.002(i), Election Code, is amended to
1212 read as follows:
1313 (i) An applicant who wishes to receive an exemption from the
1414 requirements of Section 63.001(b) on the basis of disability must
1515 submit:
1616 (1) written documentation:
1717 (A) from the United States Social Security
1818 Administration evidencing the applicant has been determined to have
1919 a disability; or
2020 (B) from the United States Department of Veterans
2121 Affairs evidencing the applicant has a disability rating of at
2222 least 50 percent; and
2323 (2) a statement in a form prescribed by the secretary
2424 of state that the applicant does not have [a form of] identification
2525 required by Section 63.001(b) in a form described by [acceptable
2626 under] Section 63.0101.
2727 SECTION 2. Sections 63.001(b) and (i), Election Code, are
2828 amended to read as follows:
2929 (b) Except as provided by Subsection (h), on offering to
3030 vote, a voter must present to an election officer at the polling
3131 place:
3232 (1) one form of photo identification listed in Section
3333 63.0101(a); [or]
3434 (2) one form of identification listed in Section
3535 63.0101(b)(1), (2), or (3) accompanied by the declaration described
3636 by Subsection (i);
3737 (3) two forms of identification listed under Section
3838 63.0101(b), including one form that contains the voter's current
3939 address; or
4040 (4) two forms of identification listed under Section
4141 63.0101(b)(4) accompanied by the declaration described by
4242 Subsection (i).
4343 (i) If the requirement for identification prescribed by
4444 Subsection (b)(1) or (3) is not met, an election officer shall
4545 notify the voter that the voter may be accepted for voting if the
4646 voter meets the requirement for identification prescribed by
4747 Subsection (b)(2) or (4) and executes a declaration declaring the
4848 voter has a reasonable impediment to meeting the requirement for
4949 identification prescribed by Subsection (b)(1) or (3). A person is
5050 subject to prosecution for perjury under Chapter 37, Penal Code, or
5151 under Section 63.0013 for a false statement or false information on
5252 the declaration. The secretary of state shall prescribe the form of
5353 the declaration. The form shall include:
5454 (1) a notice that a person is subject to prosecution
5555 for perjury under Chapter 37, Penal Code, or under Section 63.0013
5656 for a false statement or false information on the declaration;
5757 (2) a statement that the voter swears or affirms that
5858 the information contained in the declaration is true, that the
5959 person described in the declaration is the same person appearing at
6060 the polling place to sign the declaration, and that the voter faces
6161 a reasonable impediment to procuring the identification prescribed
6262 by Subsection (b)(1) or (3);
6363 (3) a place for the voter to indicate one of the
6464 following impediments:
6565 (A) lack of transportation;
6666 (B) lack of birth certificate or other documents
6767 needed to obtain the identification prescribed by Subsection
6868 (b)(1);
6969 (C) work schedule;
7070 (D) lost or stolen identification;
7171 (E) disability or illness;
7272 (F) family responsibilities; and
7373 (G) the identification prescribed by Subsection
7474 (b)(1) or (3) has been applied for but not received;
7575 (4) a place for the voter to sign and date the
7676 declaration;
7777 (5) a place for the election judge to sign and date the
7878 declaration;
7979 (6) a place to note the polling place at which the
8080 declaration is signed; and
8181 (7) a place for the election judge to note which form
8282 of identification prescribed by Subsection (b)(2) or (4) the voter
8383 presented.
8484 SECTION 3. Sections 63.0101(a) and (b), Election Code, are
8585 amended to read as follows:
8686 (a) The following documentation is an acceptable form of
8787 photo identification under this chapter:
8888 (1) a driver's license, election identification
8989 certificate, or personal identification card issued to the voter
9090 [person] by the Department of Public Safety that has not expired or
9191 that expired no earlier than four years before the date of
9292 presentation;
9393 (2) a United States military identification card that
9494 contains the voter's [person's] photograph that has not expired or
9595 that expired no earlier than four years before the date of
9696 presentation;
9797 (3) a United States citizenship certificate issued to
9898 the voter [person] that contains the voter's [person's] photograph;
9999 (4) a United States passport book or card issued to the
100100 voter [person] that has not expired or that expired no earlier than
101101 four years before the date of presentation; [or]
102102 (5) a license to carry a handgun issued to the voter
103103 [person] by the Department of Public Safety that has not expired or
104104 that expired no earlier than four years before the date of
105105 presentation;
106106 (6) an official Native American tribal document that:
107107 (A) contains the voter's photograph and address;
108108 and
109109 (B) is issued by a tribe that is federally
110110 recognized and located in this state; or
111111 (7) any other official government document issued to
112112 the voter and containing the voter's name, address, and photograph.
113113 (b) The following documentation is acceptable as proof of
114114 identification under this chapter:
115115 (1) a government document that shows the name and
116116 address of the voter, including the voter's voter registration
117117 certificate;
118118 (2) one of the following documents that shows the name
119119 and address of the voter:
120120 (A) a copy of a current utility bill;
121121 (B) a bank or credit union statement;
122122 (C) a government check; or
123123 (D) a paycheck or pension plan statement; [or]
124124 (3) a certified copy of a domestic birth certificate
125125 or other document confirming birth that is admissible in a court of
126126 law and establishes the voter's [person's] identity; or
127127 (4) two of the following documents issued or delivered
128128 to the voter, one of which must contain the name and address of the
129129 voter:
130130 (A) a Medicare, Medicaid, or Department of
131131 Veterans Affairs identification card or other health insurance
132132 identification card;
133133 (B) a Department of Defense identification card;
134134 (C) a social security identification card;
135135 (D) a label on a prescription drug container;
136136 (E) an identity bracelet issued by a hospital or
137137 long-term care facility;
138138 (F) a credit or debit card;
139139 (G) an identification card issued by an employer;
140140 (H) a student identification card issued by a
141141 public or private high school or institution of higher education;
142142 (I) a library card;
143143 (J) a Texas Department of Criminal Justice
144144 document indicating release or parole;
145145 (K) a fishing or hunting license;
146146 (L) a lease or mortgage for real property;
147147 (M) a motor vehicle title;
148148 (N) an insurance certificate, policy
149149 declaration, or other document demonstrating proof of insurance;
150150 (O) a letter from a public or private school or
151151 institution of higher education;
152152 (P) a personal check;
153153 (Q) an official Native American tribal document
154154 that is issued by a tribe that is federally recognized and located
155155 in this state;
156156 (R) a blood donor card;
157157 (S) a public transportation card;
158158 (T) a property tax assessment;
159159 (U) a form prescribed by the Internal Revenue
160160 Service;
161161 (V) a letter from a public conservator,
162162 court-appointed guardian, or trustee;
163163 (W) a letter of confirmation of residence, letter
164164 of stay, admission form, or statement of benefits from:
165165 (i) a student residence;
166166 (ii) a nursing home or other long-term care
167167 facility or a retirement center;
168168 (iii) a shelter; or
169169 (iv) a soup kitchen;
170170 (X) a document listed in Subdivision (1), (2), or
171171 (3); or
172172 (Y) another government document containing the
173173 voter's name.
174174 SECTION 4. Section 63.011(b), Election Code, is amended to
175175 read as follows:
176176 (b) A form for an affidavit required by this section must be
177177 printed on an envelope in which the provisional ballot voted by the
178178 person may be placed and must include:
179179 (1) a space for entering the identification number of
180180 the provisional ballot voted by the person; and
181181 (2) a space for an election officer to indicate
182182 whether the person presented [a form of] identification required by
183183 Section 63.001(b) in a form described by Section 63.0101.
184184 SECTION 5. Section 65.0541(a), Election Code, is amended to
185185 read as follows:
186186 (a) A voter who is accepted for provisional voting under
187187 Section 63.011 because the voter does not meet the identification
188188 requirements of Section 63.001(b) may, not later than the sixth day
189189 after the date of the election:
190190 (1) present [a form of] identification required by
191191 Section 63.001(b) in a form described by Section 63.0101 to the
192192 voter registrar for examination; or
193193 (2) execute an affidavit described by Section
194194 65.054(b)(2)(B) or (C) in the presence of the voter registrar.
195195 SECTION 6. Section 86.006(a-1), Election Code, is amended
196196 to read as follows:
197197 (a-1) The voter may deliver a marked ballot in person to the
198198 early voting clerk's office only while the polls are open on
199199 election day. A voter who delivers a marked ballot in person must
200200 present identification required by Section 63.001(b) in a [an
201201 acceptable] form [of identification] described by Section 63.0101.
202202 SECTION 7. This Act takes effect September 1, 2025.