Bill Text: TX SB100 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to requiring a voter to present proof of identification.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-03 - Referred to State Affairs [SB100 Detail]

Download: Texas-2021-SB100-Introduced.html

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87R1092 TSS-D
By: Menéndez S.B. No. 100

A BILL TO BE ENTITLED
AN ACT
relating to requiring a voter to present proof of identification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002(i), Election Code, is amended 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
required by Section 63.001(b) in a form described by [acceptable
under] Section 63.0101.
SECTION 2. Sections 63.001(b) and (i), Election Code, are
amended to read as follows:
(b) Except as provided by Subsection (h), on offering to
vote, a voter must present to an election officer at the polling
place:
(1) one form of photo identification listed in Section
63.0101(a); [or]
(2) one form of identification listed in Section
63.0101(b)(1), (2), or (3) accompanied by the declaration described
by Subsection (i);
(3) two forms of identification listed under Section
63.0101(b), including one form that contains the voter's current
address; or
(4) two forms of identification listed under Section
63.0101(b)(4) accompanied by the declaration described by
Subsection (i) of this section.
(i) If the requirement for identification prescribed by
Subsection (b)(1) or (3) is not met, an election officer shall
notify the voter that the voter may be accepted for voting if the
voter meets the requirement for identification prescribed by
Subsection (b)(2) or (4) and executes a declaration declaring the
voter has a reasonable impediment to meeting the requirement for
identification prescribed by Subsection (b)(1) or (3). A person is
subject to prosecution for perjury under Chapter 37, Penal Code, or
Section 63.0013 for a false statement or false information on the
declaration. The secretary of state shall prescribe the form of the
declaration. The form shall include:
(1) a notice that a person is subject to prosecution
for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
false statement or false information on the declaration;
(2) a statement that the voter swears or affirms that
the information contained in the declaration is true, that the
person described in the declaration is the same person appearing at
the polling place to sign the declaration, and that the voter faces
a reasonable impediment to procuring the identification prescribed
by Subsection (b)(1) or (3);
(3) a place for the voter to indicate one of the
following impediments:
(A) lack of transportation;
(B) lack of birth certificate or other documents
needed to obtain the identification prescribed by Subsection
(b)(1);
(C) work schedule;
(D) lost or stolen identification;
(E) disability or illness;
(F) family responsibilities; and
(G) the identification prescribed by Subsection
(b)(1) or (3) has been applied for but not received;
(4) a place for the voter to sign and date the
declaration;
(5) a place for the election judge to sign and date the
declaration;
(6) a place to note the polling place at which the
declaration is signed; and
(7) a place for the election judge to note which form
of identification prescribed by Subsection (b)(2) or (4) the voter
presented.
SECTION 3. Sections 63.0101(a) and (b), Election Code, are
amended to read as follows:
(a) The following documentation is an acceptable form of
photo identification under this chapter:
(1) a driver's license, election identification
certificate, or personal identification card issued to the voter
[person] by the Department of Public Safety that has not expired or
that expired no earlier than four years before the date of
presentation;
(2) a United States military identification card that
contains the voter's [person's] photograph that has not expired or
that expired no earlier than four years before the date of
presentation;
(3) a United States citizenship certificate issued to
the voter [person] that contains the voter's [person's] photograph;
(4) a United States passport book or card issued to the
voter [person] that has not expired or that expired no earlier than
four years before the date of presentation; [or]
(5) a license to carry a handgun issued to the voter
[person] by the Department of Public Safety that has not expired or
that expired no earlier than four years before the date of
presentation;
(6) an official Native American tribal document that:
(A) contains the voter's photograph and address;
and
(B) is issued by a tribe that is federally
recognized and located in this state; or
(7) any other official government document issued to
the voter and containing the voter's name, address, and photograph.
(b) The following documentation is acceptable as proof of
identification under this chapter:
(1) a government document that shows the name and
address of the voter, including the voter's voter registration
certificate;
(2) one of the following documents that shows the name
and address of the voter:
(A) a copy of a current utility bill;
(B) a bank or credit union statement;
(C) a government check; or
(D) a paycheck or pension plan statement; [or]
(3) a certified copy of a domestic birth certificate
or other document confirming birth that is admissible in a court of
law and establishes the voter's [person's] identity; or
(4) two of the following documents issued or delivered
to the voter, one of which must contain the name and address of the
voter:
(A) a Medicare, Medicaid, or Department of
Veterans Affairs identification card or other health insurance
identification card;
(B) a Department of Defense identification card;
(C) a social security identification card;
(D) a label on a prescription drug container;
(E) an identity bracelet issued by a hospital or
long-term care facility;
(F) a credit or debit card;
(G) an identification card issued by an employer;
(H) a student identification card issued by a
public or private high school or institution of higher education;
(I) a library card;
(J) a Texas Department of Criminal Justice
document indicating release or parole;
(K) a fishing or hunting license;
(L) a lease or mortgage for real property;
(M) a motor vehicle title;
(N) an insurance certificate, policy
declaration, or other document demonstrating proof of insurance;
(O) a letter from a public or private school or
institution of higher education;
(P) a personal check;
(Q) an official Native American tribal document
that is issued by a tribe that is federally recognized and located
in this state;
(R) a blood donor card;
(S) a public transportation card;
(T) a property tax assessment;
(U) a form prescribed by the Internal Revenue
Service;
(V) a letter from a public conservator,
court-appointed guardian, or trustee;
(W) a letter of confirmation of residence, letter
of stay, admission form, or statement of benefits from:
(i) a student residence;
(ii) a nursing home or other long-term care
facility or a retirement center;
(iii) a shelter; or
(iv) a soup kitchen;
(X) a document listed in Subdivision (1), (2), or
(3); or
(Y) another government document containing the
voter's name.
SECTION 4. Section 63.011(b), Election Code, is amended to
read as follows:
(b) A form for an affidavit required by this section must be
printed on an envelope in which the provisional ballot 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 required by
Section 63.001(b) in a form described by Section 63.0101.
SECTION 5. Section 65.0541(a), Election Code, is amended to
read as follows:
(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 required by
Section 63.001(b) in a form 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.
SECTION 6. Section 86.006(a-1), Election Code, is amended
to read as follows:
(a-1) The voter may deliver a marked ballot in person to the
early voting clerk's office only while the polls are open on
election day. A voter who delivers a marked ballot in person must
present identification required by Section 63.001(b) in a [an
acceptable] form [of identification] described by Section 63.0101.
SECTION 7. This Act takes effect September 1, 2021.