Bill Text: TX HB3593 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the determination that a voter is deceased.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB3593 Detail]
Download: Texas-2013-HB3593-Comm_Sub.html
Bill Title: Relating to the determination that a voter is deceased.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB3593 Detail]
Download: Texas-2013-HB3593-Comm_Sub.html
83R21258 ATP-D | |||
By: Burnam | H.B. No. 3593 | ||
Substitute the following for H.B. No. 3593: | |||
By: Morrison | C.S.H.B. No. 3593 |
|
||
|
||
relating to the determination that a voter is deceased. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 16.033(b), (c), and (d), Election Code, | ||
are amended to read as follows: | ||
(b) If the registrar has reason to believe that a voter is no | ||
longer eligible for registration, the registrar shall deliver | ||
written notice to the voter indicating that the voter's | ||
registration status is being investigated by the registrar. The | ||
notice shall be delivered by forwardable mail to the mailing | ||
address on the voter's registration application and to any new | ||
address of the voter known to the registrar. If the secretary of | ||
state has adopted or recommended a form for a written notice under | ||
this section, the registrar must use that form. | ||
(c) The notice must include: | ||
(1) a request for information relevant to determining | ||
the voter's eligibility for registration; and | ||
(2) a warning that the voter's registration is subject | ||
to cancellation if the registrar does not receive an appropriate | ||
reply on or before the 60th [ |
||
mailed. | ||
(d) Except as provided by Subsection (e), the registrar | ||
shall cancel a voter's registration if: | ||
(1) after considering the voter's reply, the registrar | ||
determines that the voter is not eligible for registration; | ||
(2) no reply is received from the voter on or before | ||
the 60th [ |
||
under Subsection (b); or | ||
(3) each notice mailed under Subsection (b) is | ||
returned undelivered to the registrar with no forwarding | ||
information available. | ||
SECTION 2. Section 18.068, Election Code, as added by | ||
Chapter 683 (H.B. 174), Acts of the 82nd Legislature, Regular | ||
Session, 2011, is amended to read as follows: | ||
Sec. 18.068. COMPARISON OF INFORMATION REGARDING | ||
INELIGIBILITY. (a) The secretary of state shall quarterly compare | ||
the information received under Section 16.001 of this code and | ||
Section 62.113, Government Code, to the statewide computerized | ||
voter registration list. If the secretary determines that a voter | ||
on the registration list is deceased or has been excused or | ||
disqualified from jury service because the voter is not a citizen, | ||
the secretary shall send notice of the determination to the voter | ||
registrar of the counties considered appropriate by the secretary. | ||
(b) The following information combinations identified as | ||
common to a voter and an individual who is deceased are considered a | ||
weak match: | ||
(1) an exact match of first name, last name, and date | ||
of birth; | ||
(2) an exact match of first name, last name, and full | ||
social security number; | ||
(3) an exact match of date of birth and full social | ||
security number; | ||
(4) an exact match of last name, date of birth, and | ||
last four digits of social security number; | ||
(5) an exact match of last name and full social | ||
security number; or | ||
(6) an exact match of information in the combination | ||
described by Subdivision (1), (2), (3), (4), or (5) and additional | ||
information determined by secretary of state rule, except as | ||
provided by Subsection (e). | ||
(c) The secretary of state may not determine that a voter is | ||
deceased based on a weak match. The secretary of state may inform | ||
the county of the voter's residence that a weak match exists. | ||
(d) On receiving notification from the secretary of state | ||
under Subsection (c) that a weak match of identifying information | ||
exists for a county voter and an individual who is deceased, the | ||
county shall investigate whether the voter is the individual who is | ||
deceased. If the county determines that the voter is alive or if | ||
the voter appears to vote in person, the county shall request that | ||
the voter provide any information required to be furnished on a | ||
voter registration application that the county does not have | ||
recorded for the voter, but the voter may not be required to furnish | ||
the information. A weak match may not be the sole basis on which to | ||
cancel a voter's voter registration or to require the voter to | ||
furnish additional information to prevent cancellation of the | ||
voter's voter registration. | ||
(e) An exact match of the last name, full social security | ||
number, and date of birth of a voter and an individual who is | ||
deceased is considered a strong match, except that the secretary of | ||
state may by rule require more information in common to determine | ||
that a strong match exists. The secretary of state may determine | ||
that a voter is deceased based on a strong match. | ||
(f) The secretary of state may obtain information from other | ||
state agency databases when determining whether a voter is | ||
deceased. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |