Texas 2025 - 89th Regular

Texas Senate Bill SB2646 Compare Versions

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

Old	New	Differences
1	1	89R1037 MPF-D
2	2	By: Middleton S.B. No. 2646
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requiring a voter to be affiliated with a political
10	10	party to vote in that party's primary election or otherwise
11	11	participate in that party's affairs; creating a criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 13.002(c), Election Code, is amended to
14	14	read as follows:
15	15	(c) A registration application must include:
16	16	(1) the applicant's first name, middle name, if any,
17	17	last name, and former name, if any;
18	18	(2) the month, day, and year of the applicant's birth;
19	19	(3) a statement that the applicant is a United States
20	20	citizen;
21	21	(4) a statement that the applicant is a resident of the
22	22	county;
23	23	(5) a statement that the applicant has not been
24	24	determined by a final judgment of a court exercising probate
25	25	jurisdiction to be:
26	26	(A) totally mentally incapacitated; or
27	27	(B) partially mentally incapacitated without the
28	28	right to vote;
29	29	(6) a statement that the applicant has not been
30	30	finally convicted of a felony or that the applicant is a felon
31	31	eligible for registration under Section 13.001;
32	32	(7) the applicant's residence address or, if the
33	33	residence has no address, the address at which the applicant
34	34	receives mail and a concise description of the location of the
35	35	applicant's residence;
36	36	(8) the following information:
37	37	(A) the applicant's Texas driver's license number
38	38	or the number of a personal identification card issued by the
39	39	Department of Public Safety;
40	40	(B) if the applicant has not been issued a number
41	41	described by Paragraph (A), the last four digits of the applicant's
42	42	social security number; or
43	43	(C) a statement by the applicant that the
44	44	applicant has not been issued a number described by Paragraph (A) or
45	45	(B);
46	46	(9) if the application is made by an agent, a statement
47	47	of the agent's relationship to the applicant; [and]
48	48	(10) the city and county in which the applicant
49	49	formerly resided; and
50	50	(11) the applicant's political party affiliation, if
51	51	any.
52	52	SECTION 2. Section 13.122(a), Election Code, is amended to
53	53	read as follows:
54	54	(a) In addition to the other statements and spaces for
55	55	entering information that appear on an officially prescribed
56	56	registration application form, each official form must include:
57	57	(1) the statement: "I understand that giving false
58	58	information to procure a voter registration is perjury and a crime
59	59	under state and federal law.";
60	60	(2) a space for the applicant's registration number;
61	61	(3) a space for the applicant's Texas driver's license
62	62	number or number of a personal identification card issued by the
63	63	Department of Public Safety;
64	64	(4) a space for the applicant's telephone number;
65	65	(5) a space for the applicant's social security
66	66	number;
67	67	(6) a space for the applicant's sex;
68	68	(7) a statement indicating that the furnishing of the
69	69	applicant's telephone number and sex is optional;
70	70	(8) a space or box for indicating whether the
71	71	applicant or voter is submitting new registration information or a
72	72	change in current registration information;
73	73	(9) a statement instructing a voter who is using the
74	74	form to make a change in current registration information to enter
75	75	the voter's name and the changed information in the appropriate
76	76	spaces on the form;
77	77	(10) a statement that if the applicant declines to
78	78	register to vote, that fact will remain confidential and will be
79	79	used only for voter registration purposes;
80	80	(11) a statement that if the applicant does register
81	81	to vote, information regarding the agency or office to which the
82	82	application is submitted will remain confidential and will be used
83	83	only for voter registration purposes;
84	84	(12) a space or box for indicating whether the
85	85	applicant is interested in working as an election judge;
86	86	(13) a statement warning that a conviction for making
87	87	a false statement may result in imprisonment for up to the maximum
88	88	amount of time provided by law, a fine of up to the maximum amount
89	89	provided by law, or both the imprisonment and the fine; [and]
90	90	(14) a space for the applicant's political party
91	91	affiliation; and
92	92	(15) any other voter registration information
93	93	required by federal law or considered appropriate and required by
94	94	the secretary of state.
95	95	SECTION 3. Section 15.001(a), Election Code, is amended to
96	96	read as follows:
97	97	(a) Each voter registration certificate issued must
98	98	contain:
99	99	(1) the voter's name in the form indicated by the
100	100	voter, subject to applicable requirements prescribed by Section
101	101	13.002 and by rule of the secretary of state;
102	102	(2) the voter's residence address or, if the residence
103	103	has no address, the address at which the voter receives mail and a
104	104	concise description of the location of the voter's residence;
105	105	(3) the year of the voter's birth;
106	106	(4) the number of the county election precinct in
107	107	which the voter resides;
108	108	(5) the voter's effective date of registration if an
109	109	initial certificate;
110	110	(6) the voter's registration number;
111	111	(7) an indication of the period for which the
112	112	certificate is issued;
113	113	(8) a statement explaining the circumstances under
114	114	which the voter will receive a new certificate;
115	115	(9) a space for indicating [stamping] the voter's
116	116	political party affiliation;
117	117	(10) a statement that voting with the certificate by a
118	118	person other than the person in whose name the certificate is issued
119	119	is a felony;
120	120	(11) a space for the voter's signature;
121	121	(12) a statement that the voter must sign the
122	122	certificate personally, if able to sign, immediately on receipt;
123	123	(13) a space for the voter to correct the information
124	124	on the certificate followed by a signature line;
125	125	(14) the statement: "If any information on this
126	126	certificate changes or is incorrect, correct the information in the
127	127	space provided, sign below, and return this certificate to the
128	128	voter registrar.";
129	129	(15) the registrar's mailing address and telephone
130	130	number; and
131	131	(16) the jurisdictional or distinguishing number for
132	132	the following territorial units in which the voter resides, as
133	133	determined by the voter registrar:
134	134	(A) congressional district;
135	135	(B) state senatorial district;
136	136	(C) state representative district;
137	137	(D) commissioners precinct;
138	138	(E) justice precinct;
139	139	(F) city election precinct; and
140	140	(G) school district election precinct.
141	141	SECTION 4. Section 15.025(a), Election Code, is amended to
142	142	read as follows:
143	143	(a) Except as provided by Subsections (b) and (d) and
144	144	Section 162.003, the registration of a voter described by this
145	145	subsection whose information is changed on the registration records
146	146	becomes effective as to the change on the 30th day after:
147	147	(1) the date the voter submits to the registrar a
148	148	notice of a change in registration information under Section 15.021
149	149	or a response under Section 15.053, indicating the change; or
150	150	(2) the date the voter submits a statement of
151	151	residence to an election officer under Section 63.0011 or a
152	152	registration application or change of address to an agency employee
153	153	under Chapter 20, indicating the change.
154	154	SECTION 5. Section 18.005(a), Election Code, is amended to
155	155	read as follows:
156	156	(a) Each original and supplemental list of registered
157	157	voters must:
158	158	(1) contain the voter's name, date of birth, and
159	159	registration number as provided by the statewide computerized voter
160	160	registration list;
161	161	(2) contain the voter's residence address, except as
162	162	provided by Subsections (b) and (c);
163	163	(3) be arranged alphabetically by voter name; [and]
164	164	(4) contain the notation required by Section 15.111;
165	165	and
166	166	(5) contain the voter's political party affiliation,
167	167	if any.
168	168	SECTION 6. Section 63.011(a), Election Code, is amended to
169	169	read as follows:
170	170	(a) A person to whom Section 63.001(g), [or] 63.009, or
171	171	172.1115(c) applies may cast a provisional ballot if the person
172	172	executes an affidavit stating that the person:
173	173	(1) is a registered voter in the precinct in which the
174	174	person seeks to vote; and
175	175	(2) is eligible to vote in the election.
176	176	SECTION 7. Section 112.002, Election Code, is amended by
177	177	adding Subsection (g) to read as follows:
178	178	(g) If the voter seeks a limited ballot for a party primary
179	179	election, the voter must indicate the political party the voter was
180	180	affiliated with at the address where the voter was previously
181	181	registered on the statement executed under Subsection (c). If the
182	182	early voting clerk can establish the voter's affiliation from the
183	183	previous registration, the voter is entitled to vote a limited
184	184	ballot in that party's primary.
185	185	SECTION 8. Section 142.004(a), Election Code, is amended to
186	186	read as follows:
187	187	(a) To be entitled to a place on the general election
188	188	ballot, a candidate must:
189	189	(1) make an application for a place on the ballot; and
190	190	(2) not be affiliated with a political party at the
191	191	time the application is made.
192	192	SECTION 9. Section 142.008, Election Code, is amended to
193	193	read as follows:
194	194	Sec. 142.008. STATEMENT ON PETITION. The following
195	195	statement must appear at the top of each page of a candidate's
196	196	petition: "I know the purpose of this petition. I am not
197	197	affiliated with a political party that holds a primary election
198	198	[have not voted in the general primary election or runoff primary
199	199	election of any political party that has nominated, at either
200	200	election, a candidate for the office of (insert office title) for
201	201	which (insert candidate's name) is a candidate]."
202	202	SECTION 10. Section 142.009, Election Code, is amended to
203	203	read as follows:
204	204	Sec. 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. A
205	205	signature on a candidate's petition is invalid if the signer:
206	206	(1) signed the petition on or before general primary
207	207	election day or, if a runoff primary is held for the office sought
208	208	by the candidate, on or before runoff primary election day; or
209	209	(2) is affiliated with a political party that holds a
210	210	primary election [voted in the general or runoff primary election
211	211	of a political party that made a nomination, at either primary, for
212	212	the office sought by the candidate].
213	213	SECTION 11. Section 161.005(a), Election Code, is amended
214	214	to read as follows:
215	215	(a) To be eligible to be a candidate for or to serve as an
216	216	officer of a political party, a person must:
217	217	(1) except as provided by Subsection (c), not be a
218	218	candidate for nomination or election to, or be the holder of, an
219	219	elective office of the federal, state, or county government; and
220	220	(2) if the office is a county or precinct chair of a
221	221	political party, be a qualified voter of the county and affiliated
222	222	with that political party.
223	223	SECTION 12. Section 162.001(a), Election Code, is amended
224	224	to read as follows:
225	225	(a) A person must be affiliated with a political party to be
226	226	eligible:
227	227	(1) to serve as a delegate to or otherwise participate
228	228	in a convention held by the party under this code;
229	229	(2) to be elected as a member of or be appointed to
230	230	fill a vacancy on a state executive committee;
231	231	(3) to be appointed to fill a vacancy on a county
232	232	executive committee;
233	233	(4) to vote in the party's primary election;
234	234	(5) to be a candidate in the party's primary election;
235	235	(6) to be the party's nominee for an office elected at
236	236	the general election for state and county officers;
237	237	(7) to be a presidential elector for the political
238	238	party; or
239	239	(8) [(4)] for any other purpose within the party as
240	240	adopted by state party rules.
241	241	SECTION 13. Section 162.003, Election Code, is amended to
242	242	read as follows:
243	243	Sec. 162.003. AFFILIATION PROCEDURE [BY VOTING IN PRIMARY].
244	244	(a) A person becomes affiliated with a political party by notifying
245	245	the registrar of the person's affiliation [when the person:
246	246	[(1) is accepted to vote in the party's primary
247	247	election; or
248	248	[(2) returns an early voting or limited primary ballot
249	249	voted by mail].
250	250	(b) At the time a person registers to vote the person may:
251	251	(1) affiliate with a political party that holds a
252	252	primary election or a political party that makes its nominations by
253	253	convention regardless of whether the party has a state
254	254	organization; or
255	255	(2) indicate no affiliation with any political party.
256	256	(c) A registered voter who does not indicate an affiliation
257	257	with a political party of this state shall be listed as
258	258	"independent" on the voter's registration certificate and on the
259	259	list of registered voters.
260	260	(d) A registered voter may change the voter's affiliation
261	261	status by notifying the registrar as provided by Section 15.021.
262	262	(e) An affiliation under this section takes effect on the
263	263	following second Monday in December.
264	264	(e-1) A person may affiliate with a party when the person is
265	265	accepted to vote in the party's primary election. This subsection
266	266	expires September 1, 2026.
267	267	(f) A person may also indicate a party affiliation at the
268	268	time the person submits a federal postcard application under
269	269	Chapter 101.
270	270	(g) The secretary of state shall prescribe any additional
271	271	procedures necessary to implement this section.
272	272	SECTION 14. Section 162.010(a), Election Code, is amended
273	273	to read as follows:
274	274	(a) A [Except as provided by Subsection (b), a] party
275	275	affiliation expires on cancellation of a voter's registration or at
276	276	the time a change in affiliation takes effect under Section 162.003
277	277	[at the end of the voting year in which the person became
278	278	affiliated].
279	279	SECTION 15. Section 162.013, Election Code, is amended to
280	280	read as follows:
281	281	Sec. 162.013. VOID VOTE. A vote in a primary election is
282	282	void if the voter is not affiliated with the political party holding
283	283	the primary [previously voted in a primary election of another
284	284	party or participated in a convention of another party during the
285	285	same voting year].
286	286	SECTION 16. Sections 162.014(a), (c), and (d), Election
287	287	Code, are amended to read as follows:
288	288	(a) A person commits an offense if the person knowingly
289	289	votes or attempts to vote in a primary election or participates or
290	290	attempts to participate in a convention of a party without being
291	291	affiliated with that party [after having voted in a primary
292	292	election or participated in a convention of another party during
293	293	the same voting year].
294	294	(c) An offense under this section is a felony of the second
295	295	degree if the conduct constituting an offense under Subsection (a)
296	296	consists of knowingly voting in a primary election of a party
297	297	without being affiliated with that party [after having voted in a
298	298	primary election of another party during the same voting year].
299	299	(d) An offense under this section is a state jail felony if
300	300	the conduct constituting an offense under Subsection (a) consists
301	301	of knowingly attempting to vote in a primary election of a party
302	302	without being affiliated with that party [after having voted in a
303	303	primary election of another party during the same voting year].
304	304	SECTION 17. Section 162.017(e), Election Code, is amended
305	305	to read as follows:
306	306	(e) The preregistration process must [include the statement
307	307	described by Section 162.004(a) and] require a preregistering
308	308	attendee who is not affiliated with the party to affiliate with the
309	309	party in accordance with Section 162.003 [by taking the oath
310	310	described in Section 162.007(b)].
311	311	SECTION 18. Section 172.021, Election Code, is amended by
312	312	amending Subsection (b) and adding Subsections (b-3) and (d-1) to
313	313	read as follows:
314	314	(b) In [An application must, in] addition to complying with
315	315	Section 141.031, an application must:
316	316	(1) indicate that, at the time of the application, the
317	317	applicant is affiliated with the political party whose nomination
318	318	for office the candidate seeks; and
319	319	(2) be accompanied by the appropriate filing fee or a
320	320	petition in lieu of the filing fee that satisfies the requirements
321	321	prescribed by Section 141.062. [A political party may not require
322	322	payment of a fee as a condition to applying for a place on the ballot
323	323	as a candidate for county chair or precinct chair.]
324	324	(b-3) A political party may not require payment of a fee
325	325	under this section as a condition to applying for a place on the
326	326	ballot as a candidate for county chair or precinct chair.
327	327	(d-1) A signature on a petition under this section is not
328	328	valid if at the time of signing the signer is affiliated with a
329	329	political party other than the party whose nomination for office
330	330	the candidate seeks. A signature on a petition under this section
331	331	is valid for purposes of this subsection if at the time of signing
332	332	the signer is unaffiliated with a political party.
333	333	SECTION 19. Section 172.026, Election Code, is amended to
334	334	read as follows:
335	335	Sec. 172.026. RESTRICTION ON PETITION SIGNER. On signing a
336	336	petition to be filed under Section 172.021, the signer becomes
337	337	ineligible to affiliate with [vote in a primary election or
338	338	participate in a convention of] another political party during the
339	339	voting year in which the primary election is held.
340	340	SECTION 20. Section 172.027, Election Code, is amended to
341	341	read as follows:
342	342	Sec. 172.027. STATEMENT ON PETITION. The following
343	343	statement must appear at the top of each page of a petition to be
344	344	filed under Section 172.021: "I know that the purpose of this
345	345	petition is to entitle (insert candidate's name) to have his or her
346	346	name placed on the ballot for the office of (insert office title,
347	347	including any place number or other distinguishing number) for the
348	348	(insert political party's name) primary election. I understand
349	349	that by signing this petition I become ineligible to affiliate with
350	350	another political party or to vote [in a primary election] or
351	351	participate in a primary election or convention of another party,
352	352	including a party not holding a primary election, during the voting
353	353	year in which this primary election is held."
354	354	SECTION 21. Section 172.086, Election Code, is amended to
355	355	read as follows:
356	356	Sec. 172.086. PLEDGE ON BALLOT. The following pledge shall
357	357	be placed on the primary election ballot above the listing of
358	358	candidates' names: "I am a (insert appropriate political party)
359	359	and understand that I am ineligible to affiliate with another
360	360	political party or to vote or participate in another political
361	361	party's primary election or convention during this voting year."
362	362	SECTION 22. Section 172.088(c), Election Code, is amended
363	363	to read as follows:
364	364	(c) A petition signer may not at the time of signing be
365	365	affiliated with another political party. A political party by rule
366	366	may provide for permitting voters who are not affiliated with any
367	367	political party to be eligible to sign a petition under this section
368	368	[restricting petition signers on the basis of party alignment or
369	369	preference].
370	370	SECTION 23. Effective September 1, 2026, Subchapter E,
371	371	Chapter 172, Election Code, is amended by adding Section 172.1115
372	372	to read as follows:
373	373	Sec. 172.1115. AFFILIATION WITH PARTY REQUIRED. (a) The
374	374	signature roster for a primary election must state at the top of
375	375	each page "A person commits a criminal offense if the person
376	376	knowingly votes in a primary election or participates in a
377	377	convention of a party without being affiliated with that party."
378	378	(b) Except as provided by Subsection (c), a person may not
379	379	be accepted for voting in a primary election of a political party
380	380	unless:
381	381	(1) the list of registered voters indicates that the
382	382	person is affiliated with that political party; or
383	383	(2) the voter's registration certificate indicates
384	384	that the voter is affiliated with that political party.
385	385	(c) A person who seeks to vote in a primary election but
386	386	cannot establish the person's party affiliation under Subsection
387	387	(b) may be accepted only for provisional voting under Section
388	388	63.011.
389	389	SECTION 24. Section 172.126(g), Election Code, is amended
390	390	to read as follows:
391	391	(g) A separate set of ballot boxes or other suitable
392	392	containers approved by the secretary of state shall be used for each
393	393	party's primary, except that one set of ballot boxes or other
394	394	containers may be used in a joint primary using an electronic voting
395	395	system in which the ballots are deposited by the voters directly
396	396	into a unit of automatic tabulating equipment. [The lists of
397	397	registered voters and the voters' registration certificates shall
398	398	be marked and stamped to show the appropriate party affiliation for
399	399	each voter.] A separate list of registered voters shall be used for
400	400	each party's primary. The secretary of state by rule shall
401	401	prescribe requirements to ensure that one party's ballot is readily
402	402	distinguished from another's, which may include the use of
403	403	different colors of ink.
404	404	SECTION 25. Sections 181.006(f) and (g), Election Code, are
405	405	amended to read as follows:
406	406	(f) The following statement must appear at the top of each
407	407	page of the petition: "I know that the purpose of this petition is
408	408	to entitle the _______ Party to have its nominees placed on the
409	409	ballot in the general election for state and county officers. I am
410	410	not affiliated with another political party. [I have not voted in a
411	411	primary election or participated in a convention of another party
412	412	during this voting year, and I understand that I become ineligible
413	413	to do so by signing this petition.] I understand that signing more
414	414	than one petition to entitle a party to have its nominees placed on
415	415	the general election ballot in the same election is prohibited."
416	416	(g) A person who is affiliated with another political party
417	417	[has voted in a primary election or participated in a convention of
418	418	another party during the voting year in which the petition is
419	419	circulated] is ineligible to sign the petition, and the signature
420	420	of such a person is invalid.
421	421	SECTION 26. Section 181.031(a), Election Code, is amended
422	422	to read as follows:
423	423	(a) To be entitled to be considered for nomination by a
424	424	convention held under this chapter, a person must:
425	425	(1) make an application for nomination; and
426	426	(2) be affiliated with the political party whose
427	427	nomination for office the candidate seeks.
428	428	SECTION 27. Section 181.065, Election Code, is amended to
429	429	read as follows:
430	430	Sec. 181.065. PARTICIPANT TO BE AFFILIATED WITH PARTY
431	431	[REGISTERED VOTER]. To be eligible to participate in a precinct
432	432	convention held under this chapter, a person must be affiliated
433	433	with the political party [a registered voter of the precinct or a
434	434	precinct resident who is eligible to vote a limited ballot].
435	435	SECTION 28. Section 182.0041(a), Election Code, is amended
436	436	to read as follows:
437	437	(a) To be entitled to be considered for nomination by a
438	438	convention held under this chapter, a person must:
439	439	(1) make an application for nomination; and
440	440	(2) be affiliated with the political party whose
441	441	nomination for office the candidate seeks.
442	442	SECTION 29. Sections 192.032(f) and (g), Election Code, are
443	443	amended to read as follows:
444	444	(f) The following statement must appear at the top of each
445	445	page of the petition: "I am not affiliated with a political party
446	446	that has held [did not vote this year in] a presidential primary
447	447	election this year."
448	448	(g) A signature on the petition is invalid if the signer:
449	449	(1) signs the petition on or before the date of the
450	450	presidential primary election in the presidential election year; or
451	451	(2) is affiliated with a political party that has held
452	452	[voted in] a presidential primary election during the presidential
453	453	election year.
454	454	SECTION 30. Section 203.011, Election Code, is amended to
455	455	read as follows:
456	456	Sec. 203.011. PARTY ALIGNMENT ON BALLOT. The party
457	457	alignment of each candidate shall be printed on the official ballot
458	458	next to the candidate's name. If a candidate is affiliated with a
459	459	political party, that party shall be printed next to the
460	460	candidate's name regardless of the party alignment provided on the
461	461	application under Section 203.005(b).
462	462	SECTION 31. The following provisions of the Election Code
463	463	are repealed:
464	464	(1) Section 162.001(b);
465	465	(2) Sections 162.004, 162.005, 162.006, 162.007,
466	466	162.008, and 162.009;
467	467	(3) Section 162.010(b);
468	468	(4) Sections 162.011, 162.012, and 172.1141;
469	469	(5) Section 172.115(c); and
470	470	(6) Section 172.125.
471	471	SECTION 32. (a) Not later than October 1, 2025, the voter
472	472	registrar of each county shall mail to each registered voter in the
473	473	county notice of the affiliation requirement necessary to vote in a
474	474	party primary election or to participate in the affairs of a
475	475	political party. The notice must:
476	476	(1) inform the voter that to vote in a party primary
477	477	election or to otherwise participate in the affairs of a political
478	478	party the voter must be affiliated with that party;
479	479	(2) inform the voter of the process of affiliation
480	480	with the voter registrar and state that if a voter does not provide
481	481	an affiliation, the voter's next registration certificate will
482	482	indicate that the voter is "independent" and unable to vote in a
483	483	party's primary;
484	484	(3) include a postage paid postcard that may be
485	485	returned to the voter registrar to indicate the voter's
486	486	affiliation; and
487	487	(4) be in the form prescribed by the secretary of
488	488	state.
489	489	(b) If a registered voter does not indicate a party
490	490	affiliation before December 11, 2025, the voter registrar shall
491	491	list the voter's initial affiliation status as "independent." A
492	492	person whose initial affiliation status is established as
493	493	independent under this subsection may affiliate with a political
494	494	party, notwithstanding Section 162.001(a), Election Code, as
495	495	amended by this Act, by voting in a primary election in 2026.
496	496	(c) The change in law made by Section 18.005(a), Election
497	497	Code, as amended by this Act, requiring that each list of registered
498	498	voters must indicate the political affiliation of each voter
499	499	applies only to a list of registered voters produced by a voter
500	500	registrar on or after December 11, 2025.
501	501	(d) The change in law made by Section 15.001(a), Election
502	502	Code, as amended by this Act, requiring that each voter
503	503	registration certificate must indicate the political affiliation
504	504	of the voter applies only to a certificate effective for voting on
505	505	or after January 1, 2026.
506	506	SECTION 33. Except as otherwise provided by this Act, this
507	507	Act takes effect September 1, 2025.