Bill Text: TX SB14 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to requirements to vote, including presenting proof of identification; providing criminal penalties.
Spectrum: Partisan Bill (Republican 109-1)
Status: (Passed) 2011-05-27 - See remarks for effective date [SB14 Detail]
Download: Texas-2011-SB14-Enrolled.html
S.B. No. 14 |
|
||
relating to requirements to vote, including presenting proof of | ||
identification; providing criminal penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 13.002, Election Code, is amended by | ||
adding Subsection (i) to read as follows: | ||
(i) An applicant who wishes to receive an exemption from the | ||
requirements of Section 63.001(b) on the basis of disability must | ||
include with the person's application: | ||
(1) written documentation: | ||
(A) from the United States Social Security | ||
Administration evidencing the applicant has been determined to have | ||
a disability; or | ||
(B) from the United States Department of Veterans | ||
Affairs evidencing the applicant has a disability rating of at | ||
least 50 percent; and | ||
(2) a statement in a form prescribed by the secretary | ||
of state that the applicant does not have a form of identification | ||
acceptable under Section 63.0101. | ||
SECTION 2. Section 15.001, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A certificate issued to a voter who meets the | ||
certification requirements of Section 13.002(i) must contain an | ||
indication that the voter is exempt from the requirement to present | ||
identification other than the registration certificate before | ||
being accepted for voting. | ||
SECTION 3. Effective September 1, 2011, Subchapter A, | ||
Chapter 15, Election Code, is amended by adding Section 15.005 to | ||
read as follows: | ||
Sec. 15.005. NOTICE OF IDENTIFICATION REQUIREMENTS. | ||
(a) The voter registrar of each county shall provide notice of the | ||
identification requirements for voting prescribed by Chapter 63 and | ||
a detailed description of those requirements with each voter | ||
registration certificate issued under Section 13.142 or renewal | ||
registration certificate issued under Section 14.001. | ||
(b) The secretary of state shall prescribe the wording of | ||
the notice to be included on the certificate under this section. | ||
SECTION 4. Subsection (a), Section 15.022, Election Code, | ||
is amended to read as follows: | ||
(a) The registrar shall make the appropriate corrections in | ||
the registration records, including, if necessary, deleting a | ||
voter's name from the suspense list: | ||
(1) after receipt of a notice of a change in | ||
registration information under Section 15.021; | ||
(2) after receipt of a voter's reply to a notice of | ||
investigation given under Section 16.033; | ||
(3) after receipt of a registration omissions list and | ||
any affidavits executed under Section 63.006 [ |
||
election; | ||
(4) after receipt of a voter's statement of residence | ||
executed under Section 63.0011; | ||
(5) before the effective date of the abolishment of a | ||
county election precinct or a change in its boundary; | ||
(6) after receipt of United States Postal Service | ||
information indicating an address reclassification; | ||
(7) after receipt of a voter's response under Section | ||
15.053; or | ||
(8) after receipt of a registration application or | ||
change of address under Chapter 20. | ||
SECTION 5. Effective September 1, 2011, Subchapter A, | ||
Chapter 31, Election Code, is amended by adding Section 31.012 to | ||
read as follows: | ||
Sec. 31.012. VOTER IDENTIFICATION EDUCATION. (a) The | ||
secretary of state and the voter registrar of each county that | ||
maintains a website shall provide notice of the identification | ||
requirements for voting prescribed by Chapter 63 on each entity's | ||
respective website in each language in which voter registration | ||
materials are available. The secretary of state shall prescribe | ||
the wording of the notice to be included on the websites. | ||
(b) The secretary of state shall conduct a statewide effort | ||
to educate voters regarding the identification requirements for | ||
voting prescribed by Chapter 63. | ||
(c) The county clerk of each county shall post in a | ||
prominent location at the clerk's office a physical copy of the | ||
notice prescribed under Subsection (a) in each language in which | ||
voter registration materials are available. | ||
SECTION 6. Effective September 1, 2011, Section 32.111, | ||
Election Code, is amended by adding Subsection (c) to read as | ||
follows: | ||
(c) The training standards adopted under Subsection (a) | ||
must include provisions on the acceptance and handling of the | ||
identification presented by a voter to an election officer under | ||
Section 63.001. | ||
SECTION 7. Effective September 1, 2011, Subsection (a), | ||
Section 32.114, Election Code, is amended to read as follows: | ||
(a) The county clerk shall provide one or more sessions of | ||
training using the standardized training program and materials | ||
developed and provided by the secretary of state under Section | ||
32.111 for the election judges and clerks appointed to serve in | ||
elections ordered by the governor or a county authority. Each | ||
election judge shall complete the training program. Each election | ||
clerk shall complete the part of the training program relating to | ||
the acceptance and handling of the identification presented by a | ||
voter to an election officer under Section 63.001. | ||
SECTION 8. Chapter 62, Election Code, is amended by adding | ||
Section 62.016 to read as follows: | ||
Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE | ||
POLLING PLACES. The presiding judge shall post in a prominent place | ||
on the outside of each polling location a list of the acceptable | ||
forms of identification. The list must be printed using a font that | ||
is at least 24-point. The notice required under this section must | ||
be posted separately from any other notice required by state or | ||
federal law. | ||
SECTION 9. Section 63.001, Election Code, is amended by | ||
amending Subsections (b), (c), (d), and (f) and adding Subsections | ||
(g) and (h) to read as follows: | ||
(b) Except as provided by Subsection (h), on [ |
||
to vote, a voter must present to an election officer at the polling | ||
place one form of identification described by Section 63.0101 [ |
||
|
||
|
||
(c) On presentation of the documentation required under | ||
Subsection (b) [ |
||
shall determine whether the voter's name on the documentation | ||
[ |
||
the precinct. If in making a determination under this subsection | ||
the election officer determines under standards adopted by the | ||
secretary of state that the voter's name on the documentation is | ||
substantially similar to but does not match exactly with the name on | ||
the list, the voter shall be accepted for voting under Subsection | ||
(d) if the voter submits an affidavit stating that the voter is the | ||
person on the list of registered voters. | ||
(d) If, as determined under Subsection (c), the voter's name | ||
is on the precinct list of registered voters and the voter's | ||
identity can be verified from the documentation presented under | ||
Subsection (b), the voter shall be accepted for voting. | ||
(f) After determining whether to accept a voter, an election | ||
officer shall return the voter's documentation [ |
||
|
||
(g) If the requirements for identification prescribed by | ||
Subsection (b) are not met, the voter may be accepted for | ||
provisional voting only under Section 63.011. For a voter who is | ||
not accepted for voting under this section, an election officer | ||
shall: | ||
(1) inform the voter of the voter's right to cast a | ||
provisional ballot under Section 63.011; and | ||
(2) provide the voter with written information, in a | ||
form prescribed by the secretary of state, that: | ||
(A) lists the requirements for identification; | ||
(B) states the procedure for presenting | ||
identification under Section 65.0541; | ||
(C) includes a map showing the location where | ||
identification must be presented; and | ||
(D) includes notice that if all procedures are | ||
followed and the voter is found to be eligible to vote and is voting | ||
in the correct precinct, the voter's provisional ballot will be | ||
accepted. | ||
(h) The requirements for identification prescribed by | ||
Subsection (b) do not apply to a voter who is disabled and presents | ||
the voter's voter registration certificate containing the | ||
indication described by Section 15.001(c) on offering to vote. | ||
SECTION 10. Subsection (a), Section 63.0011, Election Code, | ||
is amended to read as follows: | ||
(a) Before a voter may be accepted for voting, an election | ||
officer shall ask the voter if the voter's residence address on the | ||
precinct list of registered voters is current and whether the voter | ||
has changed residence within the county. If the voter's address is | ||
omitted from the precinct list under Section 18.005(c), the officer | ||
shall ask the voter if the voter's residence, if [ |
||
identification presented by the voter under Section 63.001(b) [ |
||
|
||
voter has changed residence within the county. | ||
SECTION 11. Effective September 1, 2011, Chapter 63, | ||
Election Code, is amended by adding Section 63.0012 to read as | ||
follows: | ||
Sec. 63.0012. NOTICE OF IDENTIFICATION REQUIREMENTS TO | ||
CERTAIN VOTERS. (a) An election officer shall distribute written | ||
notice of the identification that will be required for voting | ||
beginning with elections held after January 1, 2012, and | ||
information on obtaining identification without a fee under Chapter | ||
521A, Transportation Code, to each voter who, when offering to | ||
vote, presents a form of identification that will not be sufficient | ||
for acceptance as a voter under this chapter beginning with those | ||
elections. | ||
(b) The secretary of state shall prescribe the wording of | ||
the notice and establish guidelines for distributing the notice. | ||
(c) This section expires September 1, 2017. | ||
SECTION 12. Section 63.006, Election Code, is amended to | ||
read as follows: | ||
Sec. 63.006. VOTER WITH REQUIRED DOCUMENTATION [ |
||
|
||
vote, presents the documentation required under Section 63.001(b) | ||
[ |
||
|
||
|
||
voters[ |
||
voter registration certificate indicating that the voter is | ||
currently registered: | ||
(1) in the precinct in which the voter is offering to | ||
vote; or | ||
(2) in a different precinct in the same county as the | ||
precinct in which the voter is offering to vote and the voter | ||
executes an affidavit stating that the voter: | ||
(A) is a resident of the precinct in which the | ||
voter is offering to vote or is otherwise entitled by law to vote in | ||
that precinct; | ||
(B) was a resident of the precinct in which the | ||
voter is offering to vote at the time the information on the voter's | ||
residence address was last provided to the voter registrar; | ||
(C) did not deliberately provide false | ||
information to secure registration in a precinct in which the voter | ||
does not reside; and | ||
(D) is voting only once in the election. | ||
(b) After the voter is accepted, an election officer shall: | ||
(1) indicate beside the voter's name on the poll list | ||
that the voter was accepted under this section; and | ||
(2) enter the voter's name on the registration | ||
omissions list. | ||
SECTION 13. Section 63.009, Election Code, is amended to | ||
read as follows: | ||
Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST. | ||
A [ |
||
present a voter registration certificate when offering to vote, and | ||
whose name is not on the list of registered voters for the precinct | ||
in which the voter is offering to vote, shall be accepted for | ||
provisional voting if the voter executes an affidavit in accordance | ||
with Section 63.011. | ||
[ |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
SECTION 14. Section 63.0101, Election Code, is amended to | ||
read as follows: | ||
Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. | ||
The following documentation is an acceptable form [ |
||
photo identification under this chapter: | ||
(1) a driver's license, election identification | ||
certificate, or personal identification card issued to the person | ||
by the Department of Public Safety that has not [ |
||
|
||
|
||
expired no earlier than 60 days before the date of presentation; | ||
(2) a United States military identification card that | ||
contains the person's photograph that has not expired or that | ||
expired no earlier than 60 days before the date of presentation | ||
[ |
||
|
||
(3) a [ |
||
|
||
|
||
[ |
||
issued to the person that contains the person's photograph; | ||
(4) [ |
||
person that has not expired or that expired no earlier than 60 days | ||
before the date of presentation; or | ||
(5) a license to carry a concealed handgun issued to | ||
the person by the Department of Public Safety that has not expired | ||
or that expired no earlier than 60 days before the date of | ||
presentation | ||
[ |
||
|
||
[ |
||
|
||
|
||
[ |
||
|
||
SECTION 15. Section 63.011, Election Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) A person to whom Section 63.001(g) [ |
||
[ |
||
executes an affidavit stating that the person: | ||
(1) is a registered voter in the precinct in which the | ||
person seeks to vote; and | ||
(2) is eligible to vote in the election. | ||
(b) A form for an affidavit required by this section must | ||
[ |
||
voted by the person may be placed and must include: | ||
(1) a space for entering the identification number of | ||
the provisional ballot voted by the person; and | ||
(2) a space for an election officer to indicate | ||
whether the person presented a form of identification described by | ||
Section 63.0101. | ||
(b-1) The affidavit form may include space for disclosure of | ||
any necessary information to enable the person to register to vote | ||
under Chapter 13. The secretary of state shall prescribe the form | ||
of the affidavit under this section. | ||
SECTION 16. Subsection (b), Section 64.012, Election Code, | ||
is amended to read as follows: | ||
(b) An offense under this section is a felony of the second | ||
[ |
||
that case, the offense is a state jail felony [ |
||
SECTION 17. Subsection (b), Section 65.054, Election Code, | ||
is amended to read as follows: | ||
(b) A provisional ballot shall [ |
||
the board determines that: | ||
(1) [ |
||
contained in public records, the person is eligible to vote in the | ||
election and has not previously voted in that election; | ||
(2) the person: | ||
(A) meets the identification requirements of | ||
Section 63.001(b) at the time the ballot was cast or in the period | ||
prescribed under Section 65.0541; | ||
(B) notwithstanding Chapter 110, Civil Practice | ||
and Remedies Code, executes an affidavit under penalty of perjury | ||
that states the voter has a religious objection to being | ||
photographed and the voter has consistently refused to be | ||
photographed for any governmental purpose from the time the voter | ||
has held this belief; or | ||
(C) executes an affidavit under penalty of | ||
perjury that states the voter does not have any identification | ||
meeting the requirements of Section 63.001(b) as a result of a | ||
natural disaster that was declared by the president of the United | ||
States or the governor, occurred not earlier than 45 days before the | ||
date the ballot was cast, and caused the destruction of or inability | ||
to access the voter's identification; and | ||
(3) the voter has not been challenged and voted a | ||
provisional ballot solely because the voter did not meet the | ||
requirements for identification prescribed by Section 63.001(b). | ||
SECTION 18. Subchapter B, Chapter 65, Election Code, is | ||
amended by adding Section 65.0541 to read as follows: | ||
Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN | ||
PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional | ||
voting under Section 63.011 because the voter does not meet the | ||
identification requirements of Section 63.001(b) may, not later | ||
than the sixth day after the date of the election: | ||
(1) present a form of identification described by | ||
Section 63.0101 to the voter registrar for examination; or | ||
(2) execute an affidavit described by Section | ||
65.054(b)(2)(B) or (C) in the presence of the voter registrar. | ||
(b) The secretary of state shall prescribe procedures as | ||
necessary to implement this section. | ||
SECTION 19. Section 66.0241, Election Code, is amended to | ||
read as follows: | ||
Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4 | ||
must contain: | ||
(1) the precinct list of registered voters; | ||
(2) the registration correction list; | ||
(3) the registration omissions list; | ||
(4) any statements of residence executed under Section | ||
63.0011; and | ||
(5) any affidavits executed under Section 63.006 | ||
[ |
||
SECTION 20. Subtitle B, Title 7, Transportation Code, is | ||
amended by adding Chapter 521A to read as follows: | ||
CHAPTER 521A. ELECTION IDENTIFICATION CERTIFICATE | ||
Sec. 521A.001. ELECTION IDENTIFICATION CERTIFICATE. | ||
(a) The department shall issue an election identification | ||
certificate to a person who states that the person is obtaining the | ||
certificate for the purpose of satisfying Section 63.001(b), | ||
Election Code, and does not have another form of identification | ||
described by Section 63.0101, Election Code, and: | ||
(1) who is a registered voter in this state and | ||
presents a valid voter registration certificate; or | ||
(2) who is eligible for registration under Section | ||
13.001, Election Code, and submits a registration application to | ||
the department. | ||
(b) The department may not collect a fee for an election | ||
identification certificate or a duplicate election identification | ||
certificate issued under this section. | ||
(c) An election identification certificate may not be used | ||
or accepted as a personal identification certificate. | ||
(d) An election officer may not deny the holder of an | ||
election identification certificate the ability to vote because the | ||
holder has an election identification certificate rather than a | ||
driver's license or personal identification certificate issued | ||
under this subtitle. | ||
(e) An election identification certificate must be similar | ||
in form to, but distinguishable in color from, a driver's license | ||
and a personal identification certificate. The department may | ||
cooperate with the secretary of state in developing the form and | ||
appearance of an election identification certificate. | ||
(f) The department may require each applicant for an | ||
original or renewal election identification certificate to furnish | ||
to the department the information required by Section 521.142. | ||
(g) The department may cancel and require surrender of an | ||
election identification certificate after determining that the | ||
holder was not entitled to the certificate or gave incorrect or | ||
incomplete information in the application for the certificate. | ||
(h) A certificate expires on a date specified by the | ||
department, except that a certificate issued to a person 70 years of | ||
age or older does not expire. | ||
SECTION 21. Sections 63.007 and 63.008, Election Code, are | ||
repealed. | ||
SECTION 22. Effective September 1, 2011: | ||
(1) as soon as practicable, the secretary of state | ||
shall adopt the training standards and develop the training | ||
materials required to implement the change in law made by this Act | ||
to Section 32.111, Election Code; and | ||
(2) as soon as practicable, the county clerk of each | ||
county shall provide a session of training under Section 32.114, | ||
Election Code, using the standards adopted and materials developed | ||
to implement the change in law made by this Act to Section 32.111, | ||
Election Code. | ||
SECTION 23. The change in law made by this Act in amending | ||
Subsection (b), Section 64.012, Election Code, applies only to an | ||
offense committed on or after January 1, 2012. An offense committed | ||
before January 1, 2012, is covered by the law in effect when the | ||
offense was committed, and the former law is continued in effect for | ||
that purpose. For purposes of this section, an offense is committed | ||
before January 1, 2012, if any element of the offense occurs before | ||
that date. | ||
SECTION 24. Effective September 1, 2011, state funds | ||
disbursed under Chapter 19, Election Code, for the purpose of | ||
defraying expenses of the voter registrar's office in connection | ||
with voter registration may also be used for additional expenses | ||
related to coordinating voter registration drives or other | ||
activities designed to expand voter registration. This section | ||
expires January 1, 2013. | ||
SECTION 25. Every provision in this Act and every | ||
application of the provisions in this Act are severable from each | ||
other. If any application of any provision in this Act to any | ||
person or group of persons or circumstances is found by a court to | ||
be invalid, the remainder of this Act and the application of the | ||
Act's provisions to all other persons and circumstances may not be | ||
affected. All constitutionally valid applications of this Act | ||
shall be severed from any applications that a court finds to be | ||
invalid, leaving the valid applications in force, because it is the | ||
legislature's intent and priority that the valid applications be | ||
allowed to stand alone. Even if a reviewing court finds a provision | ||
of this Act invalid in a large or substantial fraction of relevant | ||
cases, the remaining valid applications shall be severed and | ||
allowed to remain in force. | ||
SECTION 26. Except as otherwise provided by this Act, this | ||
Act takes effect January 1, 2012. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 14 passed the Senate on | ||
January 26, 2011, by the following vote: Yeas 19, Nays 11; | ||
April 5, 2011, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; April 11, 2011, | ||
House granted request of the Senate; May 9, 2011, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 19, | ||
Nays 12. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 14 passed the House, with | ||
amendments, on March 24, 2011, by the following vote: Yeas 101, | ||
Nays 48, one present not voting; April 11, 2011, House granted | ||
request of the Senate for appointment of Conference Committee; | ||
May 16, 2011, House adopted Conference Committee Report by the | ||
following vote: Yeas 98, Nays 46, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |