Texas 2025 - 89th Regular

Texas Senate Bill SB16 Compare Versions

OldNewDifferences
11 By: Hughes, et al. S.B. No. 16
2-
3-
2+ (In the Senate - Filed March 11, 2025; March 12, 2025, read
3+ first time and referred to Committee on State Affairs;
4+ March 26, 2025, reported adversely, with favorable Committee
5+ Substitute by the following vote: Yeas 9, Nays 0, one present not
6+ voting; March 26, 2025, sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR S.B. No. 16 By: Paxton
49
510
611 A BILL TO BE ENTITLED
712 AN ACT
813 relating to requiring a person to submit proof of citizenship to
914 register to vote; creating criminal offenses.
1015 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1116 SECTION 1. Section 13.002, Election Code, is amended by
1217 amending Subsection (a) and adding Subsections (a-1) and (a-2) to
1318 read as follows:
1419 (a) A person desiring to register to vote must submit an
1520 application and proof of citizenship as required under Subsection
1621 (a-1) to the registrar of the county in which the person resides.
1722 Except as provided by Subsection (e), an application must be
1823 submitted by personal delivery, by mail, or by telephonic facsimile
1924 machine in accordance with Sections 13.143(d) and (d-2).
2025 (a-1) A person desiring to register to vote shall submit to
2126 the registrar a copy of one of the following documents:
2227 (1) a United States passport or passport card issued
2328 to the person;
2429 (2) a certified copy of a birth certificate issued by a
2530 United States state or territory, or the District of Columbia;
2631 (3) United States citizenship papers issued to the
2732 person;
2833 (4) identification issued by the agency of the United
2934 States responsible for citizenship and immigration; or
3035 (5) for citizens born abroad, a certificate of report
3136 of birth or consular report of birth abroad issued by the United
3237 States Department of State.
3338 (a-2) An applicant registering to vote under Subchapter C,
3439 Chapter 20, may satisfy the requirements of Subsection (a-1) by
3540 providing the proof of citizenship required under Subsection (a-1)
3641 to the Department of Public Safety.
3742 SECTION 2. Subchapter B, Chapter 13, Election Code, is
3843 amended by adding Section 13.0391 to read as follows:
3944 Sec. 13.0391. PROOF OF CITIZENSHIP REQUIREMENTS. (a) On
4045 receipt of a registration application, a volunteer deputy registrar
4146 shall provide the applicant with a written notice that includes a
4247 statement that:
4348 (1) if the applicant's citizenship status cannot be
4449 verified using the applicant's identification number provided
4550 under Section 13.002(c)(8), the applicant must provide proof of
4651 citizenship to the registrar under Section 13.002(a-1); and
4752 (2) if the applicant does not provide the required
4853 proof of citizenship, the applicant will be qualified to vote only a
4954 limited federal ballot under Chapter 115.
5055 (b) The notice described by Subsection (a) may be included
5156 in the receipt provided to the voter under Section 13.040.
5257 (c) A volunteer deputy registrar may not receive a voter's
5358 proof of citizenship documentation under Section 13.002(a-1).
5459 (d) The voter registrar shall provide training to the
5560 volunteer deputy registrar regarding the requirements of this
5661 section using training materials prescribed by the secretary of
5762 state.
5863 SECTION 3. Section 13.072, Election Code, is amended by
5964 amending Subsections (a) and (c) and adding Subsections (f) and (g)
6065 to read as follows:
6166 (a) Except as provided by Section 13.0721, and unless
6267 [Unless] the registrar challenges the applicant, the registrar
6368 shall approve the application if:
6469 (1) the registrar determines that an application
6570 complies with Section 13.002 and indicates that the applicant is
6671 eligible for registration; [and]
6772 (2) for an applicant who has not included a statement
6873 described by Section 13.002(c)(8)(C), the registrar verifies with
6974 the secretary of state:
7075 (A) the applicant's Texas driver's license number
7176 or number of a personal identification card issued by the
7277 Department of Public Safety; or
7378 (B) the last four digits of the applicant's
7479 social security number; and
7580 (3) for an applicant who has not submitted proof of
7681 citizenship required under Section 13.002(a-1), the registrar
7782 verifies that the person is a United States citizen through the
7883 verification process described by Section 13.0721.
7984 (c) Except as provided by Subsection (d) and Section
8085 13.0721, if the registrar determines that an application does not
8186 comply with Section 13.002 or does not indicate that the applicant
8287 is eligible for registration, the registrar shall reject the
8388 application.
8489 (f) A person commits an offense if the person knowingly
8590 fails to reject an application as required under Subsection (c).
8691 (g) An offense under this section is a state jail felony.
8792 SECTION 4. Subchapter C, Chapter 13, Election Code, is
8893 amended by adding Sections 13.0721, 13.0722, and 13.0723 to read as
8994 follows:
9095 Sec. 13.0721. VERIFICATION OF CITIZENSHIP BY REGISTRAR.
9196 (a) Not later than the 10th day after the date an application for
9297 registration is submitted to the registrar without a proof of
9398 citizenship document required under Section 13.002(a-1), the
9499 registrar shall use all available resources to verify the
95100 citizenship status of the applicant and at a minimum shall compare
96101 the information available on the application with information
97102 relevant to citizenship provided to the registrar by the secretary
98103 of state from the following databases, provided the secretary of
99104 state has access:
100105 (1) the Department of Public Safety's electronic
101106 databases;
102107 (2) the Social Security Administration databases;
103108 (3) the United States Citizenship and Immigration
104109 Services Systematic Alien Verification for Entitlements Program,
105110 if practicable;
106111 (4) a national association for public health
107112 statistics and information systems electronic verification of
108113 vital events system; and
109114 (5) any other federal, state, or other political
110115 subdivision database and any other database relating to voter
111116 registration to which the registrar has access.
112117 (b) The secretary of state is authorized to contract with an
113118 entity that governs a database described by Subsections (a)(1)-(5)
114119 for purposes of verifying an applicant's citizenship and shall
115120 provide the information in the contracted databases to a registrar
116121 for the purpose of verifying citizenship.
117122 (c) Notwithstanding the requirement to submit documentation
118123 under Section 13.002(a-1), the registrar shall approve the
119124 application if the registrar matches the applicant with information
120125 that verifies the applicant is a United States citizen and is
121126 otherwise eligible for registration under this chapter.
122127 (d) If the registrar matches the applicant with information
123128 that the applicant is not a United States citizen, the registrar
124129 shall:
125130 (1) reject the application;
126131 (2) notify the applicant that the application was
127132 rejected because the applicant is not a United States citizen; and
128133 (3) forward the application to the county attorney and
129134 attorney general for investigation under Subchapter G.
130135 (e) If the registrar is unable to match the applicant with
131136 appropriate citizenship information, the registrar shall:
132137 (1) approve the application only for voting a limited
133138 federal ballot under Chapter 115;
134139 (2) notify the applicant:
135140 (A) that the registrar could not verify that the
136141 applicant is a United States citizen;
137142 (B) that the applicant will be qualified to vote
138143 only a limited federal ballot under Chapter 115 unless the
139144 applicant provides a proof of citizenship document required under
140145 Section 13.002(a-1); and
141146 (C) of the procedures for submitting proof of
142147 citizenship to the registrar in order to qualify for a full ballot.
143148 (f) The registrar shall record the efforts made to verify an
144149 applicant's citizenship status as required by this section.
145150 (g) A person commits an offense if the person knowingly or
146151 intentionally:
147152 (1) registers an applicant to vote without the
148153 verification required under Subsection (a); and
149154 (2) causes an applicant who is not a United States
150155 citizen to be registered.
151156 (h) An offense under this section is a state jail felony.
152157 Sec. 13.0722. LIMITATION ON VOTER QUALIFICATION. (a) An
153158 individual who fails to submit proof of citizenship under Section
154159 13.002(a-1) to the registrar and who is unable to be verified as a
155160 United States citizen under Section 13.0721 is only qualified to
156161 vote a limited federal ballot under Chapter 115.
157162 (b) An individual who is qualified to vote only a limited
158163 federal ballot under Chapter 115 may remove the limitation imposed
159164 by this section by submitting proof of citizenship to the registrar
160165 as required by Section 13.002(a-1) or by being verified by the
161166 registrar as a United States citizen under Section 13.0721.
162167 (c) The registrar shall enter the notation "F", or a similar
163168 notation approved by the secretary of state, on the list of
164169 registered voters beside each voter's name who is only qualified to
165170 vote a limited federal ballot under Chapter 115.
166171 Sec. 13.0723. VERIFICATION OF CITIZENSHIP FOR EXISTING
167172 REGISTRANTS. (a) Not later than December 1, 2025, the secretary of
168173 state shall provide information to each registrar under Section
169174 13.0721(a) for each registered voter who registered to vote before
170175 September 1, 2025, and who has not provided proof of citizenship
171176 under Section 13.002.
172177 (b) If the registrar matches the registered voter with
173178 information that verifies the voter is a United States citizen and
174179 is otherwise eligible for registration under this chapter, the
175180 registrar shall record the efforts made to verify the individual's
176181 citizenship status and indicate that the individual was verified as
177182 a United States citizen.
178183 (c) If the registrar matches the registered voter with
179184 information that the voter is not a United States citizen, the
180185 registrar shall record the efforts made to verify the voter's
181186 citizenship status and investigate the eligibility of the voter
182187 under Section 16.0332.
183188 (d) If the registrar is unable to match the registered voter
184189 with appropriate citizenship information, the registrar shall
185190 record the efforts made to verify the voter's citizenship status
186191 and indicate that the registrar was unable to verify the voter's
187192 citizenship status and that the voter is qualified to vote only a
188- limited federal ballot under Chapter 115. The registrar will
189- notify the voter:
193+ limited federal ballot under Chapter 115. The registrar will notify
194+ the voter:
190195 (1) that the registrar was unable to verify the voter's
191196 citizenship status;
192197 (2) that the voter will be qualified to vote only a
193198 limited federal ballot under Chapter 115 unless the voter provides
194199 a proof of citizenship document required under Section 13.002(a-1);
195200 and
196201 (3) of the procedures for submitting proof of
197202 citizenship to the registrar in order to be qualified to vote a full
198203 ballot.
199204 SECTION 5. Section 13.121(a), Election Code, is amended to
200205 read as follows:
201206 (a) The officially prescribed application form for
202207 registration by mail must be in the form of [a] business reply mail
203208 [postcard], unless another form or system is used under Subsection
204209 (b), with postage paid by the state. The secretary of state shall
205210 design the form to enhance the legibility of its contents.
206211 SECTION 6. Section 13.122(a), Election Code, is amended to
207212 read as follows:
208213 (a) In addition to the other statements and spaces for
209214 entering information that appear on an officially prescribed
210215 registration application form, each official form must include:
211216 (1) the statement: "I understand that giving false
212217 information to procure a voter registration is perjury and a crime
213218 under state and federal law.";
214219 (2) a space for the applicant's registration number;
215220 (3) a space for the applicant's Texas driver's license
216221 number or number of a personal identification card issued by the
217222 Department of Public Safety;
218223 (4) a space for the applicant's telephone number;
219224 (5) a space for the applicant's social security
220225 number;
221226 (6) a space for the applicant's sex;
222227 (7) a statement indicating that the furnishing of the
223228 applicant's telephone number and sex is optional;
224229 (8) a space or box for indicating whether the
225230 applicant or voter is submitting new registration information or a
226231 change in current registration information;
227232 (9) a statement instructing a voter who is using the
228233 form to make a change in current registration information to enter
229234 the voter's name and the changed information in the appropriate
230235 spaces on the form;
231236 (10) a statement that if the applicant declines to
232237 register to vote, that fact will remain confidential and will be
233238 used only for voter registration purposes;
234239 (11) a statement that if the applicant does register
235240 to vote, information regarding the agency or office to which the
236241 application is submitted will remain confidential and will be used
237242 only for voter registration purposes;
238243 (12) a space or box for indicating whether the
239244 applicant is interested in working as an election judge;
240245 (13) a statement warning that a conviction for making
241246 a false statement may result in imprisonment for up to the maximum
242247 amount of time provided by law, a fine of up to the maximum amount
243248 provided by law, or both the imprisonment and the fine;
244249 (14) a statement that the applicant shall submit to
245250 the registrar information under Section 13.002(c)(8) or
246251 Subdivision (15) of this subsection that allows the registrar to
247252 verify the applicant's citizenship or a copy of one of the following
248253 documents:
249254 (A) a United States passport or passport card
250255 issued to the person;
251256 (B) a certified copy of a birth certificate
252257 issued by a United States state or territory, or the District of
253258 Columbia;
254259 (C) United States citizenship papers issued to
255260 the person;
256261 (D) identification issued by the agency of the
257262 United States responsible for citizenship and immigration; or
258263 (E) for citizens born abroad, a certificate of
259264 report of birth or consular report of birth abroad issued by the
260265 United States Department of State;
261266 (15) a space for the applicant's alien registration
262267 number, certificate of naturalization number, or certificate of
263268 citizenship number, if applicable to the applicant; and
264269 (16) [(14)] any other voter registration information
265270 required by federal law or considered appropriate and required by
266271 the secretary of state.
267272 SECTION 7. Chapter 13, Election Code, is amended by adding
268273 Subchapter G to read as follows:
269274 SUBCHAPTER G. VERIFICATION OF CITIZENSHIP STATUS BY ATTORNEY
270275 GENERAL; INVESTIGATION; OFFENSE
271276 Sec. 13.151. VERIFICATION OF CITIZENSHIP STATUS. (a) The
272277 secretary of state and each county registrar shall:
273278 (1) make available to the attorney general a list of
274279 all persons who are registered to vote and who have not provided
275280 proof of citizenship as required by Section 13.002(a-1) or had the
276281 person's citizenship verified under Section 13.0721; and
277282 (2) provide to the attorney general the voter
278283 registration applications of persons described by Subdivision (1).
279284 (b) Not later than the 30th day after the date a county
280285 registrar receives a voter registration application for a person
281286 who has not provided proof of citizenship as required by Section
282287 13.002(a-1), the secretary of state and the county voter registrar
283288 shall provide to the attorney general the voter registration
284289 application.
285290 (c) After receiving a voter registration application under
286291 Subsection (a) or (b), the attorney general shall use all available
287292 resources to verify the citizenship status of the applicant and at a
288293 minimum compare the information available on the voter registration
289294 application with the databases described by Section 13.0721(a).
290295 (d) The secretary of state shall provide to the attorney
291296 general access and any assistance necessary to satisfy the
292297 requirements of this section.
293298 Sec. 13.152. REPORT. (a) Not later than March 31, 2026,
294299 the attorney general shall prepare and submit to the secretary of
295300 state, the lieutenant governor, and the speaker of the house of
296301 representatives a report detailing all findings relating to the
297302 citizenship status of persons who are registered to vote and who
298303 have not provided a proof of citizenship document required under
299304 Section 13.002(a-1).
300305 (b) This section expires April 1, 2026.
301306 Sec. 13.153. ILLEGAL REGISTRATION. (a) A person commits an
302307 offense if the person:
303308 (1) knowingly or intentionally applies to register as
304309 a voter in this state; and
305310 (2) is not a United States citizen.
306311 (b) An offense under this section is a state jail felony.
307312 Sec. 13.154. PROSECUTION BY ATTORNEY GENERAL. If a
308313 district attorney, criminal district attorney, or county attorney
309314 fails to prosecute conduct constituting an offense under Section
310315 13.153 within 180 days after discovering a person engaged in the
311316 conduct, the attorney general shall prosecute the offense.
312317 SECTION 8. Section 15.021, Election Code, is amended by
313318 adding Subsection (f) to read as follows:
314319 (f) A voter who has previously provided proof of citizenship
315320 as required by Section 13.002(a-1) or has been verified as a United
316321 States citizen under Section 13.0721(b) is not required to provide
317322 proof of citizenship when submitting an update, change, or
318323 correction to the voter's registration information.
319324 SECTION 9. Subchapter B, Chapter 15, Election Code, is
320325 amended by adding Section 15.0211 to read as follows:
321326 Sec. 15.0211. NOTATION FOR DETERMINATION OF BALLOT. (a)
322327 The registrar shall enter the notation "F", or a similar notation
323328 approved by the secretary of state, on the list of registered voters
324329 beside the name of each voter whose United States citizenship has
325330 not been verified.
326331 (b) The registrar shall delete the notation from the list if
327332 the voter provides proof of citizenship in accordance with Section
328333 13.002(a-1) or is verified as a United States citizen under Section
329334 13.0721.
330335 SECTION 10. Chapter 63, Election Code, is amended by adding
331336 Section 63.007 to read as follows:
332337 Sec. 63.007. LIMITED FEDERAL BALLOT VOTER. A voter whose
333338 name is on the precinct list of registered voters with an "F" beside
334339 the voter's name shall only be accepted for voting a limited federal
335340 ballot under Chapter 115.
336341 SECTION 11. Section 111.001, Election Code, is amended to
337342 read as follows:
338343 Sec. 111.001. RESTRICTED BALLOT. In this subtitle,
339344 "restricted ballot" means a ballot that is restricted to the
340345 offices and propositions stating measures on which a person is
341346 entitled to vote under Chapter 112, 113, [or] 114, or 115.
342347 SECTION 12. Subtitle C, Title 7, Election Code, is amended
343348 by adding Chapter 115 to read as follows:
344349 CHAPTER 115. VOTING LIMITED FEDERAL BALLOT
345350 Sec. 115.001. ELIGIBILITY. A person is eligible to vote a
346351 limited federal ballot by personal appearance during the early
347352 voting period or on election day if:
348353 (1) the person has registered to vote under Chapter
349354 13;
350355 (2) the person has not provided proof of citizenship
351356 as required by Section 13.002(a-1); and
352357 (3) the county registrar is unable to match the person
353358 with appropriate citizenship information under Section 13.0721.
354359 Sec. 115.002. PROCEDURE FOR VOTING BY PERSONAL APPEARANCE.
355360 (a) A voter who votes a limited federal ballot shall place the
356361 marked ballot in a sealed envelope designed for limited federal
357362 ballots. The presiding judge shall place the sealed envelope in a
358363 locked, sealed container that is designated specifically for
359364 limited federal ballots.
360365 (b) The presiding judge shall provide a notice prescribed by
361366 the secretary of state to a voter who votes a limited federal ballot
362367 under Subsection (a). The notice must inform the voter that:
363368 (1) because the voter registrar was unable to verify
364369 the voter's citizenship status, the voter is qualified to vote only
365370 a limited federal ballot under this chapter;
366371 (2) the voter must provide proof of citizenship to the
367372 voter registrar not later than the sixth day after election day in
368373 order for a voter's limited federal ballot to be counted as a full
369374 ballot; and
370375 (3) if the voter does not provide proof of citizenship
371- to the voter registrar during the period described by Subdivision
372- (2), then only the races for the offices of United States senator or
373- United States representative on the voter's ballot will be counted.
376+ to the voter registrar by the sixth day after election day, then
377+ only the races for the offices of United States senator or United
378+ States representative on the voter's ballot will be counted.
374379 (c) The early voting clerk shall deliver the container
375380 containing the limited federal ballots cast during the period for
376381 early voting by personal appearance and its key to the voter
377382 registrar at the end of the period for early voting by personal
378383 appearance.
379384 (d) The presiding judge shall deliver the container
380385 containing the limited federal ballots cast on election day and its
381386 key to the voter registrar on election night.
382387 Sec. 115.003. VOTER REGISTRAR REVIEW OF LIMITED FEDERAL
383388 BALLOTS. (a) If a voter presents proof of citizenship to the voter
384389 registrar before the sixth day after the date of the election, then
385390 the voter registrar shall indicate on the sealed envelope that the
386391 voter has provided proof of citizenship under Section 13.002(a-1)
387392 and is entitled to a full ballot. The voter registrar shall
388393 indicate on the voter's registration record that the voter has
389394 provided proof of citizenship.
390395 (b) If a voter fails to present proof of citizenship to the
391396 voter registrar by the deadline prescribed by Subsection (a), then
392397 the voter registrar shall indicate on the sealed envelope that the
393398 voter has not provided proof of citizenship and is entitled to vote
394399 for the offices of United States senator or United States
395400 representative only.
396401 (c) If a voter notifies the voter registrar that the voter
397402 is not a United States citizen, then the voter registrar will notate
398403 on the sealed envelope that the limited federal ballot is canceled.
399404 The registrar will retain the sealed envelope for the duration of
400405 the preservation period for precinct election records and shall
401406 cancel the voter's voter registration.
402407 (d) The voter registrar will deliver the container
403408 containing the limited federal ballots that have been reviewed by
404409 the registrar to the presiding judge of the early voting ballot
405410 board.
406411 (e) The registrar shall deliver the container containing
407412 the limited federal ballots to the presiding judge of the early
408413 voting ballot board on a rolling basis. The first delivery of
409414 limited federal ballots to the early voting ballot board must be
410415 made not later than election day. The last delivery of limited
411416 federal ballots to the early voting ballot board must be made not
412417 later than the last day for the early voting ballot board to meet
413418 after election day under Section 87.125.
414419 Sec. 115.004. EARLY VOTING BALLOT BOARD REVIEW OF LIMITED
415420 FEDERAL BALLOTS. (a) The early voting ballot board shall separate
416421 the sealed envelopes for voters who have qualified for full ballots
417422 under Section 115.003(a) from the sealed envelopes for voters who
418423 are qualified to vote only for the offices of United States senator
419424 or United States representative under Section 115.003(b).
420425 (b) The early voting ballot board will remove the ballots
421426 from the sealed envelopes and place the ballots that are qualified
422427 as full ballots in separate containers from the ballots that are
423428 restricted to only the offices of United States senator or United
424429 States representative.
425430 (c) The early voting ballot board will count each race on
426431 the ballots that are qualified as full ballots.
427432 (d) The early voting ballot board will only count the races
428433 of United States senator and United States representative on the
429434 ballots that are restricted to those offices. The early voting
430435 ballot board will strike through the remaining races on the ballot
431436 to indicate that those races cannot be counted.
432437 (e) The early voting ballot board will count the ballots as
433438 follows:
434439 (1) for ballots to be counted manually, in the manner
435440 provided by Subchapter D, Chapter 87; and
436441 (2) for ballots to be counted by automatic tabulating
437442 equipment, in the manner provided by Subchapter F, Chapter 87.
438443 (f) The early voting ballot board will deliver the returns
439444 of limited federal ballots, the limited federal ballots, and other
440445 records to the general custodian of election records for
441446 preservation. The records shall be preserved for the duration of
442447 the period for preserving precinct election records.
443448 Sec. 115.005. NOTICE OF OUTCOME TO VOTER. (a) Not later
444449 than the 10th day after the local canvass, the presiding judge of
445450 the early voting ballot board shall deliver written notice to a
446451 voter who submits a ballot under this chapter regarding whether:
447452 (1) the ballot was counted as a full ballot;
448453 (2) the ballot was counted as a ballot restricted to
449454 the offices of United States senator and United States
450455 representative; or
451456 (3) the ballot could not be counted.
452457 (b) A notice under Subsection (a)(1) must include a
453458 statement that all races on the voter's ballot were counted because
454459 the voter provided proof of citizenship as required by this
455460 chapter.
456461 (c) A notice under Subsection (a)(2) must include:
457462 (1) a statement that only the voter's selections for
458463 offices of United States senator and United States representative
459464 on the voter's ballot were counted because the voter did not provide
460465 proof of citizenship as required by this chapter; and
461466 (2) instructions to the voter for providing proof of
462467 citizenship to the registrar required by Section 13.002(a-1) in
463468 order to receive a full ballot for future elections.
464469 (d) A notice under Subsection (a)(3) must include:
465470 (1) a statement that the voter's ballot was not able to
466471 be counted because the voter provided information to the registrar
467472 that the voter is not a United States citizen; and
468473 (2) a statement that the voter's registration has been
469474 canceled.
470475 SECTION 13. As soon as practicable after the effective date
471476 of this Act, the secretary of state shall adopt rules necessary to
472477 implement the changes in law made by this Act.
473478 SECTION 14. (a) Not later than January 1, 2026, the
474479 secretary of state shall request that the federal Election
475480 Assistance Commission alter the mail voter registration
476481 application form requirements described in the National Voter
477482 Registration Act of 1993 (52 U.S.C. Section 20501 et seq.) to
478483 include a requirement that applicants submit documented proof of
479484 citizenship as a condition to registration in Texas.
480485 (b) If the federal Election Assistance Commission fails to
481486 comply with the secretary of state's request under Subsection (a)
482487 of this section before the 180th day following the date of that
483488 request, the attorney general shall seek enforcement in a court of
484489 law.
485490 SECTION 15. This Act takes effect September 1, 2025.
491+ * * * * *