Bill Text: TX HB539 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to requiring a voter to present proof of identification.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Elections [HB539 Detail]
Download: Texas-2011-HB539-Introduced.html
82R2228 JRJ-D | ||
By: Anderson of McLennan | H.B. No. 539 |
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relating to requiring a voter to present proof of identification. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 2. Effective September 1, 2011, Subchapter A, | ||
Chapter 31, Election Code, is amended by adding Section 31.012 to | ||
read as follows: | ||
Sec. 31.012. NOTICE OF VOTER IDENTIFICATION REQUIREMENTS ON | ||
WEBSITE. 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. The secretary of state shall | ||
prescribe the wording of the notice to be included on the websites. | ||
SECTION 3. 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 4. Effective September 1, 2011, Section 32.114(a), | ||
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 5. 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 notice that a provisional | ||
ballot will be provided to a person who executes the appropriate | ||
affidavit and a list of the acceptable forms of photographic and | ||
nonphotographic identification. The notice and list must be | ||
printed in a font that is at least 24 point. | ||
SECTION 6. Section 63.001, Election Code, is amended by | ||
amending Subsections (b), (c), (d), and (f) and adding Subsection | ||
(g) to read as follows: | ||
(b) On offering to vote, a voter must present to an election | ||
officer at the polling place the voter's voter registration | ||
certificate and: | ||
(1) one form of identification listed in Section | ||
63.0101(a); or | ||
(2) two different forms of identification listed in | ||
Section 63.0101(b) [ |
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(c) On presentation of the documentation required by | ||
Subsection (b) [ |
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shall determine whether the voter's name on the documentation | ||
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the precinct. | ||
(d) If 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 [ |
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(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. An election officer | ||
shall inform a voter who is not accepted for voting under this | ||
section of the voter's right to cast a provisional ballot under | ||
Section 63.011. | ||
SECTION 7. Section 63.0011(a), 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 as listed on | ||
identification presented by the voter under Section 63.001(b) [ |
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voter has changed residence within the county. | ||
SECTION 8. Section 63.006(a), Election Code, is amended to | ||
read as follows: | ||
(a) A voter who, when offering to vote, presents a voter | ||
registration certificate indicating that the voter is currently | ||
registered in the precinct in which the voter is offering to vote, | ||
but whose name is not on the precinct list of registered voters, | ||
shall be accepted for voting if the voter's identity can be verified | ||
from the documentation presented under Section 63.001(b). | ||
SECTION 9. Section 63.007(a), Election Code, is amended to | ||
read as follows: | ||
(a) A voter who, when offering to vote, presents a voter | ||
registration certificate indicating that the voter is currently | ||
registered in a different precinct from the one in which the voter | ||
is offering to vote, and whose name is not on the precinct list of | ||
registered voters, shall be accepted for voting if the voter's | ||
identity can be verified from the documentation presented under | ||
Section 63.001(b) and the voter executes an affidavit stating that | ||
the voter: | ||
(1) 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; | ||
(2) was a resident of the precinct in which the voter | ||
is offering to vote at the time that information on the voter's | ||
residence address was last provided to the voter registrar; | ||
(3) did not deliberately provide false information to | ||
secure registration in a precinct in which the voter does not | ||
reside; and | ||
(4) is voting only once in the election. | ||
SECTION 10. Section 63.008(a), Election Code, is amended to | ||
read as follows: | ||
(a) A voter who does not present a voter registration | ||
certificate when offering to vote, but whose name is on the list of | ||
registered voters for the precinct in which the voter is offering to | ||
vote, shall be accepted for voting if the voter executes an | ||
affidavit stating that the voter does not have the voter's voter | ||
registration certificate in the voter's possession at the polling | ||
place at the time of offering to vote and the voter's identity can | ||
be verified from the identification presented under Section | ||
63.001(b) [ |
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SECTION 11. Section 63.0101, Election Code, is amended to | ||
read as follows: | ||
Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. | ||
(a) An [ |
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(1) be [ |
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the United States [ |
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(2) contain a [ |
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identity; | ||
(3) display the person's name, which must | ||
substantially conform to the name on the voter registration list [ |
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(4) contain an expiration date that: | ||
(A) has not occurred; or | ||
(B) occurs after the date of the most recent | ||
general election for state and county officers. | ||
(b) The following documentation is acceptable as proof of | ||
identification under this chapter: | ||
(1) [ |
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statement, government check, paycheck, or other government | ||
document that shows the name and address of the voter; | ||
(2) official mail addressed to the person by name from | ||
a governmental entity; | ||
(3) a certified copy of a birth certificate or other | ||
document confirming birth that is admissible in a court of law and | ||
establishes the person's identity; | ||
(4) United States citizenship papers issued to the | ||
person; | ||
(5) an original or certified copy of the person's | ||
marriage license or divorce decree; | ||
(6) court records of the person's adoption, name | ||
change, or sex change; | ||
(7) an identification card issued to the person by a | ||
governmental entity of this state or the United States for the | ||
purpose of obtaining public benefits, including veterans benefits, | ||
Medicaid, or Medicare; | ||
(8) a temporary driving permit issued to the person by | ||
the Department of Public Safety; | ||
(9) a pilot's license issued to the person by the | ||
Federal Aviation Administration or another authorized agency of the | ||
United States; | ||
(10) a library card that contains the person's name | ||
issued to the person by a public library located in this state; or | ||
(11) a hunting or fishing license issued to a person by | ||
the Parks and Wildlife Department [ |
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SECTION 12. Sections 63.011(a) and (b), Election Code, are | ||
amended to read as follows: | ||
(a) A person to whom Section 63.001(g), 63.008(b), or | ||
63.009(a) applies may cast a provisional ballot if the person | ||
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 | ||
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voted by the person may be placed and must include a space for | ||
entering the identification number of the provisional ballot voted | ||
by the person and a space for an election officer to indicate | ||
whether the person presented proof of identification as required by | ||
Section 63.001(b)(1) or (2). 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 13. Section 65.054(b), Election Code, is amended to | ||
read as follows: | ||
(b) A provisional ballot may be accepted only if: | ||
(1) the board determines that, from the information in | ||
the affidavit or contained in public records, the person is | ||
eligible to vote in the election and has not previously voted in | ||
that election; and | ||
(2) the voter presents proof of identification as | ||
required by Section 63.001(b)(1) or (2): | ||
(A) at the time the ballot was cast; or | ||
(B) in the period prescribed under Section | ||
65.0541. | ||
SECTION 14. 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 voter who is accepted for provisional | ||
voting under Section 63.011 because the voter does not present | ||
proof of identification as required by Section 63.001(b)(1) or (2) | ||
may, not later than the sixth business day after the date of the | ||
election, present proof of identification to the voter registrar | ||
for examination by the early voting ballot board. | ||
SECTION 15. Section 521.422, Transportation Code, is | ||
amended by amending Subsection (a) and adding Subsection (d) to | ||
read as follows: | ||
(a) Except as provided by Subsection (d), the [ |
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a personal identification certificate is: | ||
(1) $15 for a person under 60 years of age; | ||
(2) $5 for a person 60 years of age or older; and | ||
(3) $20 for a person subject to the registration | ||
requirements under Chapter 62, Code of Criminal Procedure. | ||
(d) The department may not collect a fee for a personal | ||
identification certificate issued to a person who executes an | ||
affidavit stating that the person is obtaining the personal | ||
identification certificate for the sole purpose of satisfying | ||
Section 63.001(b)(1), Election Code, and: | ||
(1) is a registered voter in this state and presents a | ||
valid voter registration certificate; or | ||
(2) is eligible for registration under Section 13.001, | ||
Election Code, and submits a registration application to the | ||
department. | ||
SECTION 16. 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 17. Except as otherwise provided by this Act, this | ||
Act takes effect January 1, 2012. |