By: Hughes, et al. S.B. No. 16
(In the Senate - Filed March 11, 2025; March 12, 2025, read
first time and referred to Committee on State Affairs;
March 26, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0, one present not
voting; March 26, 2025, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 16 By: Paxton
A BILL TO BE ENTITLED
AN ACT
relating to requiring a person to submit proof of citizenship to
register to vote; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002, Election Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) A person desiring to register to vote must submit an
application and proof of citizenship as required under Subsection
(a-1) to the registrar of the county in which the person resides.
Except as provided by Subsection (e), an application must be
submitted by personal delivery, by mail, or by telephonic facsimile
machine in accordance with Sections 13.143(d) and (d-2).
(a-1) A person desiring to register to vote shall submit to
the registrar a copy of one of the following documents:
(1) a United States passport or passport card issued
to the person;
(2) a certified copy of a birth certificate issued by a
United States state or territory, or the District of Columbia;
(3) United States citizenship papers issued to the
person;
(4) identification issued by the agency of the United
States responsible for citizenship and immigration; or
(5) for citizens born abroad, a certificate of report
of birth or consular report of birth abroad issued by the United
States Department of State.
(a-2) An applicant registering to vote under Subchapter C,
Chapter 20, may satisfy the requirements of Subsection (a-1) by
providing the proof of citizenship required under Subsection (a-1)
to the Department of Public Safety.
SECTION 2. Subchapter B, Chapter 13, Election Code, is
amended by adding Section 13.0391 to read as follows:
Sec. 13.0391. PROOF OF CITIZENSHIP REQUIREMENTS. (a) On
receipt of a registration application, a volunteer deputy registrar
shall provide the applicant with a written notice that includes a
statement that:
(1) if the applicant's citizenship status cannot be
verified using the applicant's identification number provided
under Section 13.002(c)(8), the applicant must provide proof of
citizenship to the registrar under Section 13.002(a-1); and
(2) if the applicant does not provide the required
proof of citizenship, the applicant will be qualified to vote only a
limited federal ballot under Chapter 115.
(b) The notice described by Subsection (a) may be included
in the receipt provided to the voter under Section 13.040.
(c) A volunteer deputy registrar may not receive a voter's
proof of citizenship documentation under Section 13.002(a-1).
(d) The voter registrar shall provide training to the
volunteer deputy registrar regarding the requirements of this
section using training materials prescribed by the secretary of
state.
SECTION 3. Section 13.072, Election Code, is amended by
amending Subsections (a) and (c) and adding Subsections (f) and (g)
to read as follows:
(a) Except as provided by Section 13.0721, and unless
[Unless] the registrar challenges the applicant, the registrar
shall approve the application if:
(1) the registrar determines that an application
complies with Section 13.002 and indicates that the applicant is
eligible for registration; [and]
(2) for an applicant who has not included a statement
described by Section 13.002(c)(8)(C), the registrar verifies with
the secretary of state:
(A) the applicant's Texas driver's license number
or number of a personal identification card issued by the
Department of Public Safety; or
(B) the last four digits of the applicant's
social security number; and
(3) for an applicant who has not submitted proof of
citizenship required under Section 13.002(a-1), the registrar
verifies that the person is a United States citizen through the
verification process described by Section 13.0721.
(c) Except as provided by Subsection (d) and Section
13.0721, if the registrar determines that an application does not
comply with Section 13.002 or does not indicate that the applicant
is eligible for registration, the registrar shall reject the
application.
(f) A person commits an offense if the person knowingly
fails to reject an application as required under Subsection (c).
(g) An offense under this section is a state jail felony.
SECTION 4. Subchapter C, Chapter 13, Election Code, is
amended by adding Sections 13.0721, 13.0722, and 13.0723 to read as
follows:
Sec. 13.0721. VERIFICATION OF CITIZENSHIP BY REGISTRAR.
(a) Not later than the 10th day after the date an application for
registration is submitted to the registrar without a proof of
citizenship document required under Section 13.002(a-1), the
registrar shall use all available resources to verify the
citizenship status of the applicant and at a minimum shall compare
the information available on the application with information
relevant to citizenship provided to the registrar by the secretary
of state from the following databases, provided the secretary of
state has access:
(1) the Department of Public Safety's electronic
databases;
(2) the Social Security Administration databases;
(3) the United States Citizenship and Immigration
Services Systematic Alien Verification for Entitlements Program,
if practicable;
(4) a national association for public health
statistics and information systems electronic verification of
vital events system; and
(5) any other federal, state, or other political
subdivision database and any other database relating to voter
registration to which the registrar has access.
(b) The secretary of state is authorized to contract with an
entity that governs a database described by Subsections (a)(1)-(5)
for purposes of verifying an applicant's citizenship and shall
provide the information in the contracted databases to a registrar
for the purpose of verifying citizenship.
(c) Notwithstanding the requirement to submit documentation
under Section 13.002(a-1), the registrar shall approve the
application if the registrar matches the applicant with information
that verifies the applicant is a United States citizen and is
otherwise eligible for registration under this chapter.
(d) If the registrar matches the applicant with information
that the applicant is not a United States citizen, the registrar
shall:
(1) reject the application;
(2) notify the applicant that the application was
rejected because the applicant is not a United States citizen; and
(3) forward the application to the county attorney and
attorney general for investigation under Subchapter G.
(e) If the registrar is unable to match the applicant with
appropriate citizenship information, the registrar shall:
(1) approve the application only for voting a limited
federal ballot under Chapter 115;
(2) notify the applicant:
(A) that the registrar could not verify that the
applicant is a United States citizen;
(B) that the applicant will be qualified to vote
only a limited federal ballot under Chapter 115 unless the
applicant provides a proof of citizenship document required under
Section 13.002(a-1); and
(C) of the procedures for submitting proof of
citizenship to the registrar in order to qualify for a full ballot.
(f) The registrar shall record the efforts made to verify an
applicant's citizenship status as required by this section.
(g) A person commits an offense if the person knowingly or
intentionally:
(1) registers an applicant to vote without the
verification required under Subsection (a); and
(2) causes an applicant who is not a United States
citizen to be registered.
(h) An offense under this section is a state jail felony.
Sec. 13.0722. LIMITATION ON VOTER QUALIFICATION. (a) An
individual who fails to submit proof of citizenship under Section
13.002(a-1) to the registrar and who is unable to be verified as a
United States citizen under Section 13.0721 is only qualified to
vote a limited federal ballot under Chapter 115.
(b) An individual who is qualified to vote only a limited
federal ballot under Chapter 115 may remove the limitation imposed
by this section by submitting proof of citizenship to the registrar
as required by Section 13.002(a-1) or by being verified by the
registrar as a United States citizen under Section 13.0721.
(c) The registrar shall enter the notation "F", or a similar
notation approved by the secretary of state, on the list of
registered voters beside each voter's name who is only qualified to
vote a limited federal ballot under Chapter 115.
Sec. 13.0723. VERIFICATION OF CITIZENSHIP FOR EXISTING
REGISTRANTS. (a) Not later than December 1, 2025, the secretary of
state shall provide information to each registrar under Section
13.0721(a) for each registered voter who registered to vote before
September 1, 2025, and who has not provided proof of citizenship
under Section 13.002.
(b) If the registrar matches the registered voter with
information that verifies the voter is a United States citizen and
is otherwise eligible for registration under this chapter, the
registrar shall record the efforts made to verify the individual's
citizenship status and indicate that the individual was verified as
a United States citizen.
(c) If the registrar matches the registered voter with
information that the voter is not a United States citizen, the
registrar shall record the efforts made to verify the voter's
citizenship status and investigate the eligibility of the voter
under Section 16.0332.
(d) If the registrar is unable to match the registered voter
with appropriate citizenship information, the registrar shall
record the efforts made to verify the voter's citizenship status
and indicate that the registrar was unable to verify the voter's
citizenship status and that the voter is qualified to vote only a
limited federal ballot under Chapter 115. The registrar will notify
the voter:
(1) that the registrar was unable to verify the voter's
citizenship status;
(2) that the voter will be qualified to vote only a
limited federal ballot under Chapter 115 unless the voter provides
a proof of citizenship document required under Section 13.002(a-1);
and
(3) of the procedures for submitting proof of
citizenship to the registrar in order to be qualified to vote a full
ballot.
SECTION 5. Section 13.121(a), Election Code, is amended to
read as follows:
(a) The officially prescribed application form for
registration by mail must be in the form of [a] business reply mail
[postcard], unless another form or system is used under Subsection
(b), with postage paid by the state. The secretary of state shall
design the form to enhance the legibility of its contents.
SECTION 6. Section 13.122(a), Election Code, is amended to
read as follows:
(a) In addition to the other statements and spaces for
entering information that appear on an officially prescribed
registration application form, each official form must include:
(1) the statement: "I understand that giving false
information to procure a voter registration is perjury and a crime
under state and federal law.";
(2) a space for the applicant's registration number;
(3) a space for the applicant's Texas driver's license
number or number of a personal identification card issued by the
Department of Public Safety;
(4) a space for the applicant's telephone number;
(5) a space for the applicant's social security
number;
(6) a space for the applicant's sex;
(7) a statement indicating that the furnishing of the
applicant's telephone number and sex is optional;
(8) a space or box for indicating whether the
applicant or voter is submitting new registration information or a
change in current registration information;
(9) a statement instructing a voter who is using the
form to make a change in current registration information to enter
the voter's name and the changed information in the appropriate
spaces on the form;
(10) a statement that if the applicant declines to
register to vote, that fact will remain confidential and will be
used only for voter registration purposes;
(11) a statement that if the applicant does register
to vote, information regarding the agency or office to which the
application is submitted will remain confidential and will be used
only for voter registration purposes;
(12) a space or box for indicating whether the
applicant is interested in working as an election judge;
(13) a statement warning that a conviction for making
a false statement may result in imprisonment for up to the maximum
amount of time provided by law, a fine of up to the maximum amount
provided by law, or both the imprisonment and the fine;
(14) a statement that the applicant shall submit to
the registrar information under Section 13.002(c)(8) or
Subdivision (15) of this subsection that allows the registrar to
verify the applicant's citizenship or a copy of one of the following
documents:
(A) a United States passport or passport card
issued to the person;
(B) a certified copy of a birth certificate
issued by a United States state or territory, or the District of
Columbia;
(C) United States citizenship papers issued to
the person;
(D) identification issued by the agency of the
United States responsible for citizenship and immigration; or
(E) for citizens born abroad, a certificate of
report of birth or consular report of birth abroad issued by the
United States Department of State;
(15) a space for the applicant's alien registration
number, certificate of naturalization number, or certificate of
citizenship number, if applicable to the applicant; and
(16) [(14)] any other voter registration information
required by federal law or considered appropriate and required by
the secretary of state.
SECTION 7. Chapter 13, Election Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. VERIFICATION OF CITIZENSHIP STATUS BY ATTORNEY
GENERAL; INVESTIGATION; OFFENSE
Sec. 13.151. VERIFICATION OF CITIZENSHIP STATUS. (a) The
secretary of state and each county registrar shall:
(1) make available to the attorney general a list of
all persons who are registered to vote and who have not provided
proof of citizenship as required by Section 13.002(a-1) or had the
person's citizenship verified under Section 13.0721; and
(2) provide to the attorney general the voter
registration applications of persons described by Subdivision (1).
(b) Not later than the 30th day after the date a county
registrar receives a voter registration application for a person
who has not provided proof of citizenship as required by Section
13.002(a-1), the secretary of state and the county voter registrar
shall provide to the attorney general the voter registration
application.
(c) After receiving a voter registration application under
Subsection (a) or (b), the attorney general shall use all available
resources to verify the citizenship status of the applicant and at a
minimum compare the information available on the voter registration
application with the databases described by Section 13.0721(a).
(d) The secretary of state shall provide to the attorney
general access and any assistance necessary to satisfy the
requirements of this section.
Sec. 13.152. REPORT. (a) Not later than March 31, 2026,
the attorney general shall prepare and submit to the secretary of
state, the lieutenant governor, and the speaker of the house of
representatives a report detailing all findings relating to the
citizenship status of persons who are registered to vote and who
have not provided a proof of citizenship document required under
Section 13.002(a-1).
(b) This section expires April 1, 2026.
Sec. 13.153. ILLEGAL REGISTRATION. (a) A person commits an
offense if the person:
(1) knowingly or intentionally applies to register as
a voter in this state; and
(2) is not a United States citizen.
(b) An offense under this section is a state jail felony.
Sec. 13.154. PROSECUTION BY ATTORNEY GENERAL. If a
district attorney, criminal district attorney, or county attorney
fails to prosecute conduct constituting an offense under Section
13.153 within 180 days after discovering a person engaged in the
conduct, the attorney general shall prosecute the offense.
SECTION 8. Section 15.021, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) A voter who has previously provided proof of citizenship
as required by Section 13.002(a-1) or has been verified as a United
States citizen under Section 13.0721(b) is not required to provide
proof of citizenship when submitting an update, change, or
correction to the voter's registration information.
SECTION 9. Subchapter B, Chapter 15, Election Code, is
amended by adding Section 15.0211 to read as follows:
Sec. 15.0211. NOTATION FOR DETERMINATION OF BALLOT. (a)
The registrar shall enter the notation "F", or a similar notation
approved by the secretary of state, on the list of registered voters
beside the name of each voter whose United States citizenship has
not been verified.
(b) The registrar shall delete the notation from the list if
the voter provides proof of citizenship in accordance with Section
13.002(a-1) or is verified as a United States citizen under Section
13.0721.
SECTION 10. Chapter 63, Election Code, is amended by adding
Section 63.007 to read as follows:
Sec. 63.007. LIMITED FEDERAL BALLOT VOTER. A voter whose
name is on the precinct list of registered voters with an "F" beside
the voter's name shall only be accepted for voting a limited federal
ballot under Chapter 115.
SECTION 11. Section 111.001, Election Code, is amended to
read as follows:
Sec. 111.001. RESTRICTED BALLOT. In this subtitle,
"restricted ballot" means a ballot that is restricted to the
offices and propositions stating measures on which a person is
entitled to vote under Chapter 112, 113, [or] 114, or 115.
SECTION 12. Subtitle C, Title 7, Election Code, is amended
by adding Chapter 115 to read as follows:
CHAPTER 115. VOTING LIMITED FEDERAL BALLOT
Sec. 115.001. ELIGIBILITY. A person is eligible to vote a
limited federal ballot by personal appearance during the early
voting period or on election day if:
(1) the person has registered to vote under Chapter
13;
(2) the person has not provided proof of citizenship
as required by Section 13.002(a-1); and
(3) the county registrar is unable to match the person
with appropriate citizenship information under Section 13.0721.
Sec. 115.002. PROCEDURE FOR VOTING BY PERSONAL APPEARANCE.
(a) A voter who votes a limited federal ballot shall place the
marked ballot in a sealed envelope designed for limited federal
ballots. The presiding judge shall place the sealed envelope in a
locked, sealed container that is designated specifically for
limited federal ballots.
(b) The presiding judge shall provide a notice prescribed by
the secretary of state to a voter who votes a limited federal ballot
under Subsection (a). The notice must inform the voter that:
(1) because the voter registrar was unable to verify
the voter's citizenship status, the voter is qualified to vote only
a limited federal ballot under this chapter;
(2) the voter must provide proof of citizenship to the
voter registrar not later than the sixth day after election day in
order for a voter's limited federal ballot to be counted as a full
ballot; and
(3) if the voter does not provide proof of citizenship
to the voter registrar by the sixth day after election day, then
only the races for the offices of United States senator or United
States representative on the voter's ballot will be counted.
(c) The early voting clerk shall deliver the container
containing the limited federal ballots cast during the period for
early voting by personal appearance and its key to the voter
registrar at the end of the period for early voting by personal
appearance.
(d) The presiding judge shall deliver the container
containing the limited federal ballots cast on election day and its
key to the voter registrar on election night.
Sec. 115.003. VOTER REGISTRAR REVIEW OF LIMITED FEDERAL
BALLOTS. (a) If a voter presents proof of citizenship to the voter
registrar before the sixth day after the date of the election, then
the voter registrar shall indicate on the sealed envelope that the
voter has provided proof of citizenship under Section 13.002(a-1)
and is entitled to a full ballot. The voter registrar shall
indicate on the voter's registration record that the voter has
provided proof of citizenship.
(b) If a voter fails to present proof of citizenship to the
voter registrar by the deadline prescribed by Subsection (a), then
the voter registrar shall indicate on the sealed envelope that the
voter has not provided proof of citizenship and is entitled to vote
for the offices of United States senator or United States
representative only.
(c) If a voter notifies the voter registrar that the voter
is not a United States citizen, then the voter registrar will notate
on the sealed envelope that the limited federal ballot is canceled.
The registrar will retain the sealed envelope for the duration of
the preservation period for precinct election records and shall
cancel the voter's voter registration.
(d) The voter registrar will deliver the container
containing the limited federal ballots that have been reviewed by
the registrar to the presiding judge of the early voting ballot
board.
(e) The registrar shall deliver the container containing
the limited federal ballots to the presiding judge of the early
voting ballot board on a rolling basis. The first delivery of
limited federal ballots to the early voting ballot board must be
made not later than election day. The last delivery of limited
federal ballots to the early voting ballot board must be made not
later than the last day for the early voting ballot board to meet
after election day under Section 87.125.
Sec. 115.004. EARLY VOTING BALLOT BOARD REVIEW OF LIMITED
FEDERAL BALLOTS. (a) The early voting ballot board shall separate
the sealed envelopes for voters who have qualified for full ballots
under Section 115.003(a) from the sealed envelopes for voters who
are qualified to vote only for the offices of United States senator
or United States representative under Section 115.003(b).
(b) The early voting ballot board will remove the ballots
from the sealed envelopes and place the ballots that are qualified
as full ballots in separate containers from the ballots that are
restricted to only the offices of United States senator or United
States representative.
(c) The early voting ballot board will count each race on
the ballots that are qualified as full ballots.
(d) The early voting ballot board will only count the races
of United States senator and United States representative on the
ballots that are restricted to those offices. The early voting
ballot board will strike through the remaining races on the ballot
to indicate that those races cannot be counted.
(e) The early voting ballot board will count the ballots as
follows:
(1) for ballots to be counted manually, in the manner
provided by Subchapter D, Chapter 87; and
(2) for ballots to be counted by automatic tabulating
equipment, in the manner provided by Subchapter F, Chapter 87.
(f) The early voting ballot board will deliver the returns
of limited federal ballots, the limited federal ballots, and other
records to the general custodian of election records for
preservation. The records shall be preserved for the duration of
the period for preserving precinct election records.
Sec. 115.005. NOTICE OF OUTCOME TO VOTER. (a) Not later
than the 10th day after the local canvass, the presiding judge of
the early voting ballot board shall deliver written notice to a
voter who submits a ballot under this chapter regarding whether:
(1) the ballot was counted as a full ballot;
(2) the ballot was counted as a ballot restricted to
the offices of United States senator and United States
representative; or
(3) the ballot could not be counted.
(b) A notice under Subsection (a)(1) must include a
statement that all races on the voter's ballot were counted because
the voter provided proof of citizenship as required by this
chapter.
(c) A notice under Subsection (a)(2) must include:
(1) a statement that only the voter's selections for
offices of United States senator and United States representative
on the voter's ballot were counted because the voter did not provide
proof of citizenship as required by this chapter; and
(2) instructions to the voter for providing proof of
citizenship to the registrar required by Section 13.002(a-1) in
order to receive a full ballot for future elections.
(d) A notice under Subsection (a)(3) must include:
(1) a statement that the voter's ballot was not able to
be counted because the voter provided information to the registrar
that the voter is not a United States citizen; and
(2) a statement that the voter's registration has been
canceled.
SECTION 13. As soon as practicable after the effective date
of this Act, the secretary of state shall adopt rules necessary to
implement the changes in law made by this Act.
SECTION 14. (a) Not later than January 1, 2026, the
secretary of state shall request that the federal Election
Assistance Commission alter the mail voter registration
application form requirements described in the National Voter
Registration Act of 1993 (52 U.S.C. Section 20501 et seq.) to
include a requirement that applicants submit documented proof of
citizenship as a condition to registration in Texas.
(b) If the federal Election Assistance Commission fails to
comply with the secretary of state's request under Subsection (a)
of this section before the 180th day following the date of that
request, the attorney general shall seek enforcement in a court of
law.
SECTION 15. This Act takes effect September 1, 2025.
* * * * *