4 | 9 | | |
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5 | 10 | | |
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6 | 11 | | A BILL TO BE ENTITLED |
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7 | 12 | | AN ACT |
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8 | 13 | | relating to requiring a person to submit proof of citizenship to |
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9 | 14 | | register to vote; creating criminal offenses. |
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10 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 16 | | SECTION 1. Section 13.002, Election Code, is amended by |
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12 | 17 | | amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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13 | 18 | | read as follows: |
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14 | 19 | | (a) A person desiring to register to vote must submit an |
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15 | 20 | | application and proof of citizenship as required under Subsection |
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16 | 21 | | (a-1) to the registrar of the county in which the person resides. |
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17 | 22 | | Except as provided by Subsection (e), an application must be |
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18 | 23 | | submitted by personal delivery, by mail, or by telephonic facsimile |
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19 | 24 | | machine in accordance with Sections 13.143(d) and (d-2). |
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20 | 25 | | (a-1) A person desiring to register to vote shall submit to |
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21 | 26 | | the registrar a copy of one of the following documents: |
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22 | 27 | | (1) a United States passport or passport card issued |
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23 | 28 | | to the person; |
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24 | 29 | | (2) a certified copy of a birth certificate issued by a |
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25 | 30 | | United States state or territory, or the District of Columbia; |
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26 | 31 | | (3) United States citizenship papers issued to the |
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27 | 32 | | person; |
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28 | 33 | | (4) identification issued by the agency of the United |
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29 | 34 | | States responsible for citizenship and immigration; or |
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30 | 35 | | (5) for citizens born abroad, a certificate of report |
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31 | 36 | | of birth or consular report of birth abroad issued by the United |
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32 | 37 | | States Department of State. |
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33 | 38 | | (a-2) An applicant registering to vote under Subchapter C, |
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34 | 39 | | Chapter 20, may satisfy the requirements of Subsection (a-1) by |
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35 | 40 | | providing the proof of citizenship required under Subsection (a-1) |
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36 | 41 | | to the Department of Public Safety. |
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37 | 42 | | SECTION 2. Subchapter B, Chapter 13, Election Code, is |
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38 | 43 | | amended by adding Section 13.0391 to read as follows: |
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39 | 44 | | Sec. 13.0391. PROOF OF CITIZENSHIP REQUIREMENTS. (a) On |
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40 | 45 | | receipt of a registration application, a volunteer deputy registrar |
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41 | 46 | | shall provide the applicant with a written notice that includes a |
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42 | 47 | | statement that: |
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43 | 48 | | (1) if the applicant's citizenship status cannot be |
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44 | 49 | | verified using the applicant's identification number provided |
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45 | 50 | | under Section 13.002(c)(8), the applicant must provide proof of |
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46 | 51 | | citizenship to the registrar under Section 13.002(a-1); and |
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47 | 52 | | (2) if the applicant does not provide the required |
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48 | 53 | | proof of citizenship, the applicant will be qualified to vote only a |
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49 | 54 | | limited federal ballot under Chapter 115. |
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50 | 55 | | (b) The notice described by Subsection (a) may be included |
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51 | 56 | | in the receipt provided to the voter under Section 13.040. |
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52 | 57 | | (c) A volunteer deputy registrar may not receive a voter's |
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53 | 58 | | proof of citizenship documentation under Section 13.002(a-1). |
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54 | 59 | | (d) The voter registrar shall provide training to the |
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55 | 60 | | volunteer deputy registrar regarding the requirements of this |
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56 | 61 | | section using training materials prescribed by the secretary of |
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57 | 62 | | state. |
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58 | 63 | | SECTION 3. Section 13.072, Election Code, is amended by |
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59 | 64 | | amending Subsections (a) and (c) and adding Subsections (f) and (g) |
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60 | 65 | | to read as follows: |
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61 | 66 | | (a) Except as provided by Section 13.0721, and unless |
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62 | 67 | | [Unless] the registrar challenges the applicant, the registrar |
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63 | 68 | | shall approve the application if: |
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64 | 69 | | (1) the registrar determines that an application |
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65 | 70 | | complies with Section 13.002 and indicates that the applicant is |
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66 | 71 | | eligible for registration; [and] |
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67 | 72 | | (2) for an applicant who has not included a statement |
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68 | 73 | | described by Section 13.002(c)(8)(C), the registrar verifies with |
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69 | 74 | | the secretary of state: |
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70 | 75 | | (A) the applicant's Texas driver's license number |
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71 | 76 | | or number of a personal identification card issued by the |
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72 | 77 | | Department of Public Safety; or |
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73 | 78 | | (B) the last four digits of the applicant's |
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74 | 79 | | social security number; and |
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75 | 80 | | (3) for an applicant who has not submitted proof of |
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76 | 81 | | citizenship required under Section 13.002(a-1), the registrar |
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77 | 82 | | verifies that the person is a United States citizen through the |
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78 | 83 | | verification process described by Section 13.0721. |
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79 | 84 | | (c) Except as provided by Subsection (d) and Section |
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80 | 85 | | 13.0721, if the registrar determines that an application does not |
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81 | 86 | | comply with Section 13.002 or does not indicate that the applicant |
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82 | 87 | | is eligible for registration, the registrar shall reject the |
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83 | 88 | | application. |
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84 | 89 | | (f) A person commits an offense if the person knowingly |
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85 | 90 | | fails to reject an application as required under Subsection (c). |
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86 | 91 | | (g) An offense under this section is a state jail felony. |
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87 | 92 | | SECTION 4. Subchapter C, Chapter 13, Election Code, is |
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88 | 93 | | amended by adding Sections 13.0721, 13.0722, and 13.0723 to read as |
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89 | 94 | | follows: |
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90 | 95 | | Sec. 13.0721. VERIFICATION OF CITIZENSHIP BY REGISTRAR. |
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91 | 96 | | (a) Not later than the 10th day after the date an application for |
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92 | 97 | | registration is submitted to the registrar without a proof of |
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93 | 98 | | citizenship document required under Section 13.002(a-1), the |
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94 | 99 | | registrar shall use all available resources to verify the |
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95 | 100 | | citizenship status of the applicant and at a minimum shall compare |
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96 | 101 | | the information available on the application with information |
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97 | 102 | | relevant to citizenship provided to the registrar by the secretary |
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98 | 103 | | of state from the following databases, provided the secretary of |
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99 | 104 | | state has access: |
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100 | 105 | | (1) the Department of Public Safety's electronic |
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101 | 106 | | databases; |
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102 | 107 | | (2) the Social Security Administration databases; |
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103 | 108 | | (3) the United States Citizenship and Immigration |
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104 | 109 | | Services Systematic Alien Verification for Entitlements Program, |
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105 | 110 | | if practicable; |
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106 | 111 | | (4) a national association for public health |
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107 | 112 | | statistics and information systems electronic verification of |
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108 | 113 | | vital events system; and |
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109 | 114 | | (5) any other federal, state, or other political |
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110 | 115 | | subdivision database and any other database relating to voter |
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111 | 116 | | registration to which the registrar has access. |
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112 | 117 | | (b) The secretary of state is authorized to contract with an |
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113 | 118 | | entity that governs a database described by Subsections (a)(1)-(5) |
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114 | 119 | | for purposes of verifying an applicant's citizenship and shall |
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115 | 120 | | provide the information in the contracted databases to a registrar |
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116 | 121 | | for the purpose of verifying citizenship. |
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117 | 122 | | (c) Notwithstanding the requirement to submit documentation |
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118 | 123 | | under Section 13.002(a-1), the registrar shall approve the |
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119 | 124 | | application if the registrar matches the applicant with information |
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120 | 125 | | that verifies the applicant is a United States citizen and is |
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121 | 126 | | otherwise eligible for registration under this chapter. |
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122 | 127 | | (d) If the registrar matches the applicant with information |
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123 | 128 | | that the applicant is not a United States citizen, the registrar |
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124 | 129 | | shall: |
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125 | 130 | | (1) reject the application; |
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126 | 131 | | (2) notify the applicant that the application was |
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127 | 132 | | rejected because the applicant is not a United States citizen; and |
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128 | 133 | | (3) forward the application to the county attorney and |
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129 | 134 | | attorney general for investigation under Subchapter G. |
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130 | 135 | | (e) If the registrar is unable to match the applicant with |
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131 | 136 | | appropriate citizenship information, the registrar shall: |
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132 | 137 | | (1) approve the application only for voting a limited |
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133 | 138 | | federal ballot under Chapter 115; |
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134 | 139 | | (2) notify the applicant: |
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135 | 140 | | (A) that the registrar could not verify that the |
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136 | 141 | | applicant is a United States citizen; |
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137 | 142 | | (B) that the applicant will be qualified to vote |
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138 | 143 | | only a limited federal ballot under Chapter 115 unless the |
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139 | 144 | | applicant provides a proof of citizenship document required under |
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140 | 145 | | Section 13.002(a-1); and |
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141 | 146 | | (C) of the procedures for submitting proof of |
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142 | 147 | | citizenship to the registrar in order to qualify for a full ballot. |
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143 | 148 | | (f) The registrar shall record the efforts made to verify an |
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144 | 149 | | applicant's citizenship status as required by this section. |
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145 | 150 | | (g) A person commits an offense if the person knowingly or |
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146 | 151 | | intentionally: |
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147 | 152 | | (1) registers an applicant to vote without the |
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148 | 153 | | verification required under Subsection (a); and |
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149 | 154 | | (2) causes an applicant who is not a United States |
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150 | 155 | | citizen to be registered. |
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151 | 156 | | (h) An offense under this section is a state jail felony. |
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152 | 157 | | Sec. 13.0722. LIMITATION ON VOTER QUALIFICATION. (a) An |
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153 | 158 | | individual who fails to submit proof of citizenship under Section |
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154 | 159 | | 13.002(a-1) to the registrar and who is unable to be verified as a |
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155 | 160 | | United States citizen under Section 13.0721 is only qualified to |
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156 | 161 | | vote a limited federal ballot under Chapter 115. |
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157 | 162 | | (b) An individual who is qualified to vote only a limited |
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158 | 163 | | federal ballot under Chapter 115 may remove the limitation imposed |
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159 | 164 | | by this section by submitting proof of citizenship to the registrar |
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160 | 165 | | as required by Section 13.002(a-1) or by being verified by the |
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161 | 166 | | registrar as a United States citizen under Section 13.0721. |
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162 | 167 | | (c) The registrar shall enter the notation "F", or a similar |
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163 | 168 | | notation approved by the secretary of state, on the list of |
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164 | 169 | | registered voters beside each voter's name who is only qualified to |
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165 | 170 | | vote a limited federal ballot under Chapter 115. |
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166 | 171 | | Sec. 13.0723. VERIFICATION OF CITIZENSHIP FOR EXISTING |
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167 | 172 | | REGISTRANTS. (a) Not later than December 1, 2025, the secretary of |
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168 | 173 | | state shall provide information to each registrar under Section |
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169 | 174 | | 13.0721(a) for each registered voter who registered to vote before |
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170 | 175 | | September 1, 2025, and who has not provided proof of citizenship |
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171 | 176 | | under Section 13.002. |
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172 | 177 | | (b) If the registrar matches the registered voter with |
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173 | 178 | | information that verifies the voter is a United States citizen and |
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174 | 179 | | is otherwise eligible for registration under this chapter, the |
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175 | 180 | | registrar shall record the efforts made to verify the individual's |
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176 | 181 | | citizenship status and indicate that the individual was verified as |
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177 | 182 | | a United States citizen. |
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178 | 183 | | (c) If the registrar matches the registered voter with |
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179 | 184 | | information that the voter is not a United States citizen, the |
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180 | 185 | | registrar shall record the efforts made to verify the voter's |
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181 | 186 | | citizenship status and investigate the eligibility of the voter |
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182 | 187 | | under Section 16.0332. |
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183 | 188 | | (d) If the registrar is unable to match the registered voter |
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184 | 189 | | with appropriate citizenship information, the registrar shall |
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185 | 190 | | record the efforts made to verify the voter's citizenship status |
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186 | 191 | | and indicate that the registrar was unable to verify the voter's |
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187 | 192 | | citizenship status and that the voter is qualified to vote only a |
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190 | 195 | | (1) that the registrar was unable to verify the voter's |
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191 | 196 | | citizenship status; |
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192 | 197 | | (2) that the voter will be qualified to vote only a |
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193 | 198 | | limited federal ballot under Chapter 115 unless the voter provides |
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194 | 199 | | a proof of citizenship document required under Section 13.002(a-1); |
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195 | 200 | | and |
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196 | 201 | | (3) of the procedures for submitting proof of |
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197 | 202 | | citizenship to the registrar in order to be qualified to vote a full |
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198 | 203 | | ballot. |
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199 | 204 | | SECTION 5. Section 13.121(a), Election Code, is amended to |
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200 | 205 | | read as follows: |
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201 | 206 | | (a) The officially prescribed application form for |
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202 | 207 | | registration by mail must be in the form of [a] business reply mail |
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203 | 208 | | [postcard], unless another form or system is used under Subsection |
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204 | 209 | | (b), with postage paid by the state. The secretary of state shall |
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205 | 210 | | design the form to enhance the legibility of its contents. |
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206 | 211 | | SECTION 6. Section 13.122(a), Election Code, is amended to |
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207 | 212 | | read as follows: |
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208 | 213 | | (a) In addition to the other statements and spaces for |
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209 | 214 | | entering information that appear on an officially prescribed |
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210 | 215 | | registration application form, each official form must include: |
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211 | 216 | | (1) the statement: "I understand that giving false |
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212 | 217 | | information to procure a voter registration is perjury and a crime |
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213 | 218 | | under state and federal law."; |
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214 | 219 | | (2) a space for the applicant's registration number; |
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215 | 220 | | (3) a space for the applicant's Texas driver's license |
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216 | 221 | | number or number of a personal identification card issued by the |
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217 | 222 | | Department of Public Safety; |
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218 | 223 | | (4) a space for the applicant's telephone number; |
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219 | 224 | | (5) a space for the applicant's social security |
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220 | 225 | | number; |
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221 | 226 | | (6) a space for the applicant's sex; |
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222 | 227 | | (7) a statement indicating that the furnishing of the |
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223 | 228 | | applicant's telephone number and sex is optional; |
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224 | 229 | | (8) a space or box for indicating whether the |
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225 | 230 | | applicant or voter is submitting new registration information or a |
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226 | 231 | | change in current registration information; |
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227 | 232 | | (9) a statement instructing a voter who is using the |
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228 | 233 | | form to make a change in current registration information to enter |
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229 | 234 | | the voter's name and the changed information in the appropriate |
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230 | 235 | | spaces on the form; |
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231 | 236 | | (10) a statement that if the applicant declines to |
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232 | 237 | | register to vote, that fact will remain confidential and will be |
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233 | 238 | | used only for voter registration purposes; |
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234 | 239 | | (11) a statement that if the applicant does register |
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235 | 240 | | to vote, information regarding the agency or office to which the |
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236 | 241 | | application is submitted will remain confidential and will be used |
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237 | 242 | | only for voter registration purposes; |
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238 | 243 | | (12) a space or box for indicating whether the |
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239 | 244 | | applicant is interested in working as an election judge; |
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240 | 245 | | (13) a statement warning that a conviction for making |
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241 | 246 | | a false statement may result in imprisonment for up to the maximum |
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242 | 247 | | amount of time provided by law, a fine of up to the maximum amount |
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243 | 248 | | provided by law, or both the imprisonment and the fine; |
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244 | 249 | | (14) a statement that the applicant shall submit to |
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245 | 250 | | the registrar information under Section 13.002(c)(8) or |
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246 | 251 | | Subdivision (15) of this subsection that allows the registrar to |
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247 | 252 | | verify the applicant's citizenship or a copy of one of the following |
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248 | 253 | | documents: |
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249 | 254 | | (A) a United States passport or passport card |
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250 | 255 | | issued to the person; |
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251 | 256 | | (B) a certified copy of a birth certificate |
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252 | 257 | | issued by a United States state or territory, or the District of |
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253 | 258 | | Columbia; |
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254 | 259 | | (C) United States citizenship papers issued to |
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255 | 260 | | the person; |
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256 | 261 | | (D) identification issued by the agency of the |
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257 | 262 | | United States responsible for citizenship and immigration; or |
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258 | 263 | | (E) for citizens born abroad, a certificate of |
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259 | 264 | | report of birth or consular report of birth abroad issued by the |
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260 | 265 | | United States Department of State; |
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261 | 266 | | (15) a space for the applicant's alien registration |
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262 | 267 | | number, certificate of naturalization number, or certificate of |
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263 | 268 | | citizenship number, if applicable to the applicant; and |
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264 | 269 | | (16) [(14)] any other voter registration information |
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265 | 270 | | required by federal law or considered appropriate and required by |
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266 | 271 | | the secretary of state. |
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267 | 272 | | SECTION 7. Chapter 13, Election Code, is amended by adding |
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268 | 273 | | Subchapter G to read as follows: |
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269 | 274 | | SUBCHAPTER G. VERIFICATION OF CITIZENSHIP STATUS BY ATTORNEY |
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270 | 275 | | GENERAL; INVESTIGATION; OFFENSE |
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271 | 276 | | Sec. 13.151. VERIFICATION OF CITIZENSHIP STATUS. (a) The |
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272 | 277 | | secretary of state and each county registrar shall: |
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273 | 278 | | (1) make available to the attorney general a list of |
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274 | 279 | | all persons who are registered to vote and who have not provided |
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275 | 280 | | proof of citizenship as required by Section 13.002(a-1) or had the |
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276 | 281 | | person's citizenship verified under Section 13.0721; and |
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277 | 282 | | (2) provide to the attorney general the voter |
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278 | 283 | | registration applications of persons described by Subdivision (1). |
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279 | 284 | | (b) Not later than the 30th day after the date a county |
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280 | 285 | | registrar receives a voter registration application for a person |
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281 | 286 | | who has not provided proof of citizenship as required by Section |
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282 | 287 | | 13.002(a-1), the secretary of state and the county voter registrar |
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283 | 288 | | shall provide to the attorney general the voter registration |
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284 | 289 | | application. |
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285 | 290 | | (c) After receiving a voter registration application under |
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286 | 291 | | Subsection (a) or (b), the attorney general shall use all available |
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287 | 292 | | resources to verify the citizenship status of the applicant and at a |
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288 | 293 | | minimum compare the information available on the voter registration |
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289 | 294 | | application with the databases described by Section 13.0721(a). |
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290 | 295 | | (d) The secretary of state shall provide to the attorney |
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291 | 296 | | general access and any assistance necessary to satisfy the |
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292 | 297 | | requirements of this section. |
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293 | 298 | | Sec. 13.152. REPORT. (a) Not later than March 31, 2026, |
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294 | 299 | | the attorney general shall prepare and submit to the secretary of |
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295 | 300 | | state, the lieutenant governor, and the speaker of the house of |
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296 | 301 | | representatives a report detailing all findings relating to the |
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297 | 302 | | citizenship status of persons who are registered to vote and who |
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298 | 303 | | have not provided a proof of citizenship document required under |
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299 | 304 | | Section 13.002(a-1). |
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300 | 305 | | (b) This section expires April 1, 2026. |
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301 | 306 | | Sec. 13.153. ILLEGAL REGISTRATION. (a) A person commits an |
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302 | 307 | | offense if the person: |
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303 | 308 | | (1) knowingly or intentionally applies to register as |
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304 | 309 | | a voter in this state; and |
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305 | 310 | | (2) is not a United States citizen. |
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306 | 311 | | (b) An offense under this section is a state jail felony. |
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307 | 312 | | Sec. 13.154. PROSECUTION BY ATTORNEY GENERAL. If a |
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308 | 313 | | district attorney, criminal district attorney, or county attorney |
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309 | 314 | | fails to prosecute conduct constituting an offense under Section |
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310 | 315 | | 13.153 within 180 days after discovering a person engaged in the |
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311 | 316 | | conduct, the attorney general shall prosecute the offense. |
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312 | 317 | | SECTION 8. Section 15.021, Election Code, is amended by |
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313 | 318 | | adding Subsection (f) to read as follows: |
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314 | 319 | | (f) A voter who has previously provided proof of citizenship |
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315 | 320 | | as required by Section 13.002(a-1) or has been verified as a United |
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316 | 321 | | States citizen under Section 13.0721(b) is not required to provide |
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317 | 322 | | proof of citizenship when submitting an update, change, or |
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318 | 323 | | correction to the voter's registration information. |
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319 | 324 | | SECTION 9. Subchapter B, Chapter 15, Election Code, is |
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320 | 325 | | amended by adding Section 15.0211 to read as follows: |
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321 | 326 | | Sec. 15.0211. NOTATION FOR DETERMINATION OF BALLOT. (a) |
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322 | 327 | | The registrar shall enter the notation "F", or a similar notation |
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323 | 328 | | approved by the secretary of state, on the list of registered voters |
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324 | 329 | | beside the name of each voter whose United States citizenship has |
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325 | 330 | | not been verified. |
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326 | 331 | | (b) The registrar shall delete the notation from the list if |
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327 | 332 | | the voter provides proof of citizenship in accordance with Section |
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328 | 333 | | 13.002(a-1) or is verified as a United States citizen under Section |
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329 | 334 | | 13.0721. |
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330 | 335 | | SECTION 10. Chapter 63, Election Code, is amended by adding |
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331 | 336 | | Section 63.007 to read as follows: |
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332 | 337 | | Sec. 63.007. LIMITED FEDERAL BALLOT VOTER. A voter whose |
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333 | 338 | | name is on the precinct list of registered voters with an "F" beside |
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334 | 339 | | the voter's name shall only be accepted for voting a limited federal |
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335 | 340 | | ballot under Chapter 115. |
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336 | 341 | | SECTION 11. Section 111.001, Election Code, is amended to |
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337 | 342 | | read as follows: |
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338 | 343 | | Sec. 111.001. RESTRICTED BALLOT. In this subtitle, |
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339 | 344 | | "restricted ballot" means a ballot that is restricted to the |
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340 | 345 | | offices and propositions stating measures on which a person is |
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341 | 346 | | entitled to vote under Chapter 112, 113, [or] 114, or 115. |
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342 | 347 | | SECTION 12. Subtitle C, Title 7, Election Code, is amended |
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343 | 348 | | by adding Chapter 115 to read as follows: |
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344 | 349 | | CHAPTER 115. VOTING LIMITED FEDERAL BALLOT |
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345 | 350 | | Sec. 115.001. ELIGIBILITY. A person is eligible to vote a |
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346 | 351 | | limited federal ballot by personal appearance during the early |
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347 | 352 | | voting period or on election day if: |
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348 | 353 | | (1) the person has registered to vote under Chapter |
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349 | 354 | | 13; |
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350 | 355 | | (2) the person has not provided proof of citizenship |
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351 | 356 | | as required by Section 13.002(a-1); and |
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352 | 357 | | (3) the county registrar is unable to match the person |
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353 | 358 | | with appropriate citizenship information under Section 13.0721. |
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354 | 359 | | Sec. 115.002. PROCEDURE FOR VOTING BY PERSONAL APPEARANCE. |
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355 | 360 | | (a) A voter who votes a limited federal ballot shall place the |
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356 | 361 | | marked ballot in a sealed envelope designed for limited federal |
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357 | 362 | | ballots. The presiding judge shall place the sealed envelope in a |
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358 | 363 | | locked, sealed container that is designated specifically for |
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359 | 364 | | limited federal ballots. |
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360 | 365 | | (b) The presiding judge shall provide a notice prescribed by |
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361 | 366 | | the secretary of state to a voter who votes a limited federal ballot |
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362 | 367 | | under Subsection (a). The notice must inform the voter that: |
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363 | 368 | | (1) because the voter registrar was unable to verify |
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364 | 369 | | the voter's citizenship status, the voter is qualified to vote only |
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365 | 370 | | a limited federal ballot under this chapter; |
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366 | 371 | | (2) the voter must provide proof of citizenship to the |
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367 | 372 | | voter registrar not later than the sixth day after election day in |
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368 | 373 | | order for a voter's limited federal ballot to be counted as a full |
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369 | 374 | | ballot; and |
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370 | 375 | | (3) if the voter does not provide proof of citizenship |
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374 | 379 | | (c) The early voting clerk shall deliver the container |
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375 | 380 | | containing the limited federal ballots cast during the period for |
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376 | 381 | | early voting by personal appearance and its key to the voter |
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377 | 382 | | registrar at the end of the period for early voting by personal |
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378 | 383 | | appearance. |
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379 | 384 | | (d) The presiding judge shall deliver the container |
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380 | 385 | | containing the limited federal ballots cast on election day and its |
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381 | 386 | | key to the voter registrar on election night. |
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382 | 387 | | Sec. 115.003. VOTER REGISTRAR REVIEW OF LIMITED FEDERAL |
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383 | 388 | | BALLOTS. (a) If a voter presents proof of citizenship to the voter |
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384 | 389 | | registrar before the sixth day after the date of the election, then |
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385 | 390 | | the voter registrar shall indicate on the sealed envelope that the |
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386 | 391 | | voter has provided proof of citizenship under Section 13.002(a-1) |
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387 | 392 | | and is entitled to a full ballot. The voter registrar shall |
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388 | 393 | | indicate on the voter's registration record that the voter has |
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389 | 394 | | provided proof of citizenship. |
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390 | 395 | | (b) If a voter fails to present proof of citizenship to the |
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391 | 396 | | voter registrar by the deadline prescribed by Subsection (a), then |
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392 | 397 | | the voter registrar shall indicate on the sealed envelope that the |
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393 | 398 | | voter has not provided proof of citizenship and is entitled to vote |
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394 | 399 | | for the offices of United States senator or United States |
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395 | 400 | | representative only. |
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396 | 401 | | (c) If a voter notifies the voter registrar that the voter |
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397 | 402 | | is not a United States citizen, then the voter registrar will notate |
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398 | 403 | | on the sealed envelope that the limited federal ballot is canceled. |
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399 | 404 | | The registrar will retain the sealed envelope for the duration of |
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400 | 405 | | the preservation period for precinct election records and shall |
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401 | 406 | | cancel the voter's voter registration. |
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402 | 407 | | (d) The voter registrar will deliver the container |
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403 | 408 | | containing the limited federal ballots that have been reviewed by |
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404 | 409 | | the registrar to the presiding judge of the early voting ballot |
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405 | 410 | | board. |
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406 | 411 | | (e) The registrar shall deliver the container containing |
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407 | 412 | | the limited federal ballots to the presiding judge of the early |
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408 | 413 | | voting ballot board on a rolling basis. The first delivery of |
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409 | 414 | | limited federal ballots to the early voting ballot board must be |
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410 | 415 | | made not later than election day. The last delivery of limited |
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411 | 416 | | federal ballots to the early voting ballot board must be made not |
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412 | 417 | | later than the last day for the early voting ballot board to meet |
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413 | 418 | | after election day under Section 87.125. |
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414 | 419 | | Sec. 115.004. EARLY VOTING BALLOT BOARD REVIEW OF LIMITED |
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415 | 420 | | FEDERAL BALLOTS. (a) The early voting ballot board shall separate |
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416 | 421 | | the sealed envelopes for voters who have qualified for full ballots |
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417 | 422 | | under Section 115.003(a) from the sealed envelopes for voters who |
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418 | 423 | | are qualified to vote only for the offices of United States senator |
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419 | 424 | | or United States representative under Section 115.003(b). |
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420 | 425 | | (b) The early voting ballot board will remove the ballots |
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421 | 426 | | from the sealed envelopes and place the ballots that are qualified |
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422 | 427 | | as full ballots in separate containers from the ballots that are |
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423 | 428 | | restricted to only the offices of United States senator or United |
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424 | 429 | | States representative. |
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425 | 430 | | (c) The early voting ballot board will count each race on |
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426 | 431 | | the ballots that are qualified as full ballots. |
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427 | 432 | | (d) The early voting ballot board will only count the races |
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428 | 433 | | of United States senator and United States representative on the |
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429 | 434 | | ballots that are restricted to those offices. The early voting |
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430 | 435 | | ballot board will strike through the remaining races on the ballot |
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431 | 436 | | to indicate that those races cannot be counted. |
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432 | 437 | | (e) The early voting ballot board will count the ballots as |
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433 | 438 | | follows: |
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434 | 439 | | (1) for ballots to be counted manually, in the manner |
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435 | 440 | | provided by Subchapter D, Chapter 87; and |
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436 | 441 | | (2) for ballots to be counted by automatic tabulating |
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437 | 442 | | equipment, in the manner provided by Subchapter F, Chapter 87. |
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438 | 443 | | (f) The early voting ballot board will deliver the returns |
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439 | 444 | | of limited federal ballots, the limited federal ballots, and other |
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440 | 445 | | records to the general custodian of election records for |
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441 | 446 | | preservation. The records shall be preserved for the duration of |
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442 | 447 | | the period for preserving precinct election records. |
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443 | 448 | | Sec. 115.005. NOTICE OF OUTCOME TO VOTER. (a) Not later |
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444 | 449 | | than the 10th day after the local canvass, the presiding judge of |
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445 | 450 | | the early voting ballot board shall deliver written notice to a |
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446 | 451 | | voter who submits a ballot under this chapter regarding whether: |
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447 | 452 | | (1) the ballot was counted as a full ballot; |
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448 | 453 | | (2) the ballot was counted as a ballot restricted to |
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449 | 454 | | the offices of United States senator and United States |
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450 | 455 | | representative; or |
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451 | 456 | | (3) the ballot could not be counted. |
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452 | 457 | | (b) A notice under Subsection (a)(1) must include a |
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453 | 458 | | statement that all races on the voter's ballot were counted because |
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454 | 459 | | the voter provided proof of citizenship as required by this |
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455 | 460 | | chapter. |
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456 | 461 | | (c) A notice under Subsection (a)(2) must include: |
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457 | 462 | | (1) a statement that only the voter's selections for |
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458 | 463 | | offices of United States senator and United States representative |
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459 | 464 | | on the voter's ballot were counted because the voter did not provide |
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460 | 465 | | proof of citizenship as required by this chapter; and |
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461 | 466 | | (2) instructions to the voter for providing proof of |
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462 | 467 | | citizenship to the registrar required by Section 13.002(a-1) in |
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463 | 468 | | order to receive a full ballot for future elections. |
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464 | 469 | | (d) A notice under Subsection (a)(3) must include: |
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465 | 470 | | (1) a statement that the voter's ballot was not able to |
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466 | 471 | | be counted because the voter provided information to the registrar |
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467 | 472 | | that the voter is not a United States citizen; and |
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468 | 473 | | (2) a statement that the voter's registration has been |
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469 | 474 | | canceled. |
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470 | 475 | | SECTION 13. As soon as practicable after the effective date |
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471 | 476 | | of this Act, the secretary of state shall adopt rules necessary to |
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472 | 477 | | implement the changes in law made by this Act. |
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473 | 478 | | SECTION 14. (a) Not later than January 1, 2026, the |
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474 | 479 | | secretary of state shall request that the federal Election |
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475 | 480 | | Assistance Commission alter the mail voter registration |
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476 | 481 | | application form requirements described in the National Voter |
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477 | 482 | | Registration Act of 1993 (52 U.S.C. Section 20501 et seq.) to |
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478 | 483 | | include a requirement that applicants submit documented proof of |
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479 | 484 | | citizenship as a condition to registration in Texas. |
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480 | 485 | | (b) If the federal Election Assistance Commission fails to |
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481 | 486 | | comply with the secretary of state's request under Subsection (a) |
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482 | 487 | | of this section before the 180th day following the date of that |
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483 | 488 | | request, the attorney general shall seek enforcement in a court of |
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484 | 489 | | law. |
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485 | 490 | | SECTION 15. This Act takes effect September 1, 2025. |
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