Bill Text: TX HB3066 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the verification of citizenship of an applicant for voter registration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-19 - Referred to Elections [HB3066 Detail]
Download: Texas-2021-HB3066-Introduced.html
87R9070 TSS-D | ||
By: Shaheen | H.B. No. 3066 |
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relating to the verification of citizenship of an applicant for | ||
voter registration. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 13.002(a), Election Code, is amended to | ||
read as follows: | ||
(a) A person desiring to register to vote must submit an | ||
application to the registrar of the county in which the person | ||
resides. Except as provided by Subsection (e), an application must | ||
be submitted by personal delivery, by mail, or by telephonic | ||
facsimile machine in accordance with Section 13.143(d-2) [ |
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SECTION 2. Section 13.046(f), Election Code, is amended to | ||
read as follows: | ||
(f) Except as provided by this subsection, Sections | ||
13.039[ |
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of registration applications under this section, and for that | ||
purpose, "volunteer deputy registrar" in those sections includes a | ||
high school deputy registrar. A high school deputy registrar may | ||
review an application for completeness out of the applicant's | ||
presence. A deputy may deliver a group of applications to the | ||
registrar by mail in an envelope or package, and, for the purpose of | ||
determining compliance with the delivery deadline, an application | ||
delivered by mail is considered to be delivered at the time of its | ||
receipt by the registrar. | ||
SECTION 3. Section 13.071, Election Code, is amended to | ||
read as follows: | ||
Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar | ||
shall review each submitted application for registration to | ||
determine whether it complies with Section 13.002 and indicates | ||
that the applicant is a United States citizen eligible for | ||
registration. | ||
(b) If the application is submitted to the Department of | ||
Public Safety in person with the proof of citizenship required by | ||
Section 20.063(e), the [ |
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not later than the seventh day after the date the application is | ||
submitted to the registrar. | ||
(c) If the application is submitted in a manner other than | ||
the manner described by Subsection (b), the registrar shall forward | ||
the information relating to the applicant to the secretary of state | ||
for determining citizenship as provided by Section 13.0721. | ||
SECTION 4. Subchapter C, Chapter 13, Election Code, is | ||
amended by adding Section 13.0721 to read as follows: | ||
Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This | ||
section does not apply to an application for registration submitted | ||
to the Department of Public Safety in person with the proof of | ||
citizenship required by Section 20.063(e). | ||
(b) The secretary of state shall verify with the Department | ||
of Public Safety the citizenship status of each person whose | ||
information is forwarded to the secretary of state as provided by | ||
Section 13.071(c) or 15.021(f). The secretary of state shall | ||
notify the registrar whether the department verifies the person's | ||
citizenship status, does not have information regarding the | ||
citizenship status of the person, or has information indicating | ||
that the person is not a citizen. | ||
(c) If the Department of Public Safety does not have | ||
information regarding the citizenship status of the person or has | ||
information indicating that the person is not a citizen, the | ||
registrar shall notify the person as provided by secretary of state | ||
rule. | ||
(d) A person who receives notice under Subsection (c) must | ||
provide proof of citizenship to the registrar not later than the | ||
60th day after the date of receipt. Except as provided by | ||
Subsection (e), this proof must be presented in person. The | ||
following is acceptable as proof of citizenship under this section: | ||
(1) an unexpired passport issued to the person; | ||
(2) a certified copy of a birth certificate or other | ||
document confirming the person's birth that is admissible in a | ||
court of law and establishes the person's identity, presented with | ||
a government-issued identification that contains the person's | ||
photograph; or | ||
(3) United States citizenship papers issued to the | ||
person, presented with a government-issued identification that | ||
contains the person's photograph. | ||
(e) A person may mail a certified copy of a document | ||
described by Subsection (d)(2) or (3) with a copy of the person's | ||
government-issued photo identification to the registrar. | ||
(f) If a person does not provide proof of citizenship as | ||
required, the registrar shall notify the secretary of state and: | ||
(1) reject the person's voter registration | ||
application; or | ||
(2) cancel the person's registration under Section | ||
16.031(c). | ||
(g) The secretary of state shall keep a list of people of | ||
whom the secretary receives notice under Subsection (f). | ||
(h) The secretary of state shall adopt rules and prescribe | ||
procedures to implement this section. | ||
SECTION 5. Section 13.143(a), Election Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection [ |
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registration becomes effective on the 30th day after the date the | ||
application is approved [ |
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the applicant becomes 18 years of age, whichever is later. | ||
SECTION 6. Section 15.021, Election Code, is amended by | ||
adding Subsections (f) and (g) to read as follows: | ||
(f) For a voter who continues to reside in the county in | ||
which the voter is registered, the registrar shall forward the | ||
notice and any information relating to the applicant in the | ||
registrar's possession to the secretary of state for citizenship | ||
determination as provided by Section 13.0721. | ||
(g) If the registrar is notified under Section 13.0721 that | ||
a voter's citizenship status has been verified, the registrar shall | ||
approve the change in registration information. | ||
SECTION 7. Section 15.022(a), 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 approval [ |
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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 any affidavits executed under | ||
Section 63.006, following an 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 8. Section 15.025(a), Election Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection [ |
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whose information is changed on the registration records becomes | ||
effective as to the change on the 30th day after: | ||
(1) the date a [ |
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15.021 is approved or a response under Section 15.053, indicating | ||
the change is received; or | ||
(2) the date the voter submits a statement of | ||
residence to an election officer under Section 63.0011 or a | ||
registration application or change of address to an agency employee | ||
under Chapter 20, indicating the change. | ||
SECTION 9. Section 16.031, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) The registrar shall cancel a voter's registration if the | ||
voter submitted a notice of change in registration information | ||
under Section 15.021 and did not provide proof of citizenship when | ||
required under Section 13.0721. | ||
SECTION 10. Section 20.063, Election Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) A person who submits a voter registration application to | ||
the department in person shall at the time of submission present as | ||
proof of citizenship: | ||
(1) an unexpired passport issued to the person; | ||
(2) a certified copy of a birth certificate or other | ||
document confirming the person's birth that is admissible in a | ||
court of law and establishes the person's identity; or | ||
(3) United States citizenship papers issued to the | ||
person. | ||
SECTION 11. The following provisions of the Election Code | ||
are repealed: | ||
(1) Section 13.041; | ||
(2) Sections 13.143(d) and (e); and | ||
(3) Sections 15.025(c) and (d). | ||
SECTION 12. The changes in law made by this Act apply only | ||
to an application to register to vote or a notice of change in | ||
registration information submitted on or after the effective date | ||
of this Act. | ||
SECTION 13. This Act takes effect September 1, 2021. |