Bill Text: TX HB4331 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the verification of citizenship of an applicant for voter registration.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-25 - Referred to Elections [HB4331 Detail]

Download: Texas-2019-HB4331-Introduced.html
  86R15082 JRJ-D
 
  By: Schaefer H.B. No. 4331
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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) [Sections
  13.143(d) and (d-2)].
         SECTION 2.  Section 13.046(f), Election Code, is amended to
  read as follows:
         (f)  Except as provided by this subsection, Sections
  13.039[, 13.041,] and 13.042 apply to the submission and delivery
  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 by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (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.
         (c)  In making a determination under this section, the
  registrar must compare the information on the application for
  registration with information submitted to the secretary of state
  by the Department of Public Safety under Section 18.068(a-1). If
  information combinations identified as common to an applicant and
  to an individual who may not be a citizen constitute a match, the
  registrar shall verify the applicant's citizenship in the same
  manner the registrar verifies a registered voter's citizenship
  under Section 16.0332. The secretary of state shall adopt rules and
  prescribe procedures to implement this subsection.
         SECTION 4.  Section 13.143(a), Election Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection [Subsections] (b) [and
  (e)], if an applicant's registration application is approved, the
  registration becomes effective on the 30th day after the date the
  application is approved [submitted to the registrar] or on the date
  the applicant becomes 18 years of age, whichever is later.
         SECTION 5.  Section 16.0332, Election Code, is amended to
  read as follows:
         Sec. 16.0332.  CANCELLATION BECAUSE OF CITIZENSHIP STATUS.
  (a)  After the registrar receives notification [a list] under
  Section 18.068 of this code or Section 62.113, Government Code, of
  persons excused or disqualified from jury service because of
  citizenship status or notification under Section 18.068 that a
  person registered to vote in the county may not be a citizen, the
  registrar shall deliver to each registered voter whose name appears
  in the notification [on the list] a written notice requiring the
  voter to submit to the registrar proof of United States citizenship
  in the form of a certified copy of the voter's birth certificate,
  United States passport, or certificate of naturalization or any
  other form prescribed by the secretary of state.
         (a-1)  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.
         (b)  If a voter fails to submit to the registrar proof of
  citizenship on or before the 30th day after the date the notice is
  mailed, the registrar shall cancel the voter's registration.
         (c)  The registrar shall retain a copy of the notice mailed
  to a voter under this section on file with the voter's registration
  application.  The registrar shall also retain any proof of
  citizenship received under this section on file with the
  application and send an electronic copy of the proof to the
  secretary of state.
         (d)  The secretary of state shall adopt rules and prescribe
  procedures to implement this section.
         SECTION 6.  Section 18.068, Election Code, is amended by
  amending Subsections (b) and (d) and adding Subsection (a-1) to
  read as follows:
         (a-1)  Once a month on a date specified by the secretary of
  state, the Department of Public Safety shall in accordance with
  Section 730.005(9), Transportation Code, provide to the secretary
  of state available information as determined by the secretary of
  state related to the citizenship of the applicant submitted on an
  application for a driver's license or personal identification card
  issued by the department. Periodically, the secretary of state
  shall compare the information received to the statewide
  computerized voter registration list.  If the secretary determines
  that a voter on the registration list may not be a citizen, the
  secretary shall send notice of the determination to the voter
  registrar of the counties considered appropriate by the secretary.
         (b)  The secretary of state shall by rule determine what
  information combinations identified as common to a voter and to an
  individual for whom the secretary of state has received information
  under this section [who is deceased] constitute a weak match or a
  strong match in order to:
               (1)  produce the least possible impact on Texas voters;
  and
               (2)  fulfill its responsibility to manage the voter
  rolls.
         (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, or
  notification under Subsection (a-1) that a match exists for a
  county voter and an individual who may not be a citizen, the county
  shall investigate whether the voter is the individual who is
  deceased or whether the voter is a citizen, as applicable.
         SECTION 7.  Sections 13.041 and 13.143(d) and (e), Election
  Code, are repealed.
         SECTION 8.  The changes in law made by this Act apply only to
  an application to register to vote submitted on or after the
  effective date of this Act.
         SECTION 9.  This Act takes effect September 1, 2019.
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