Bill Text: TX SB1340 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to voter qualification and registration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-04-29 - Left pending in committee [SB1340 Detail]
Download: Texas-2021-SB1340-Introduced.html
Bill Title: Relating to voter qualification and registration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-04-29 - Left pending in committee [SB1340 Detail]
Download: Texas-2021-SB1340-Introduced.html
87R10814 TSS-F | ||
By: Buckingham | S.B. No. 1340 |
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relating to voter qualification and registration. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42.03, Code of Criminal Procedure, is | ||
amended by adding Section 6 to read as follows: | ||
Sec. 6. The court, after pronouncing the sentence of a | ||
defendant adjudged guilty of a felony, shall notify the defendant | ||
in writing of the nature and expected duration of the impact on the | ||
defendant's voting rights in this state under Section 11.002(a)(4), | ||
Election Code, resulting from the conviction. | ||
SECTION 2. Chapter 11, Election Code, is amended by adding | ||
Section 11.0021 to read as follows: | ||
Sec. 11.0021. MEASURES TO PREVENT NONCITIZEN VOTER | ||
REGISTRATION AND VOTING. Notwithstanding any other law, to ensure | ||
a person who is not a citizen of the United States may not register | ||
to vote or vote: | ||
(1) at least twice each year, the secretary of state | ||
shall use the United States Department of Homeland Security | ||
database of noncitizens living in Texas to identify noncitizens | ||
whose voter registrations should be canceled and shall take all | ||
appropriate actions; and | ||
(2) the Department of Public Safety shall forward to | ||
the secretary of state the file of a person who applies for a Texas | ||
driver's license or identification card and provides on the | ||
application form that the person is not a citizen of the United | ||
States. | ||
SECTION 3. Section 12.001, Election Code, is amended to | ||
read as follows: | ||
Sec. 12.001. DESIGNATION OF SECRETARY OF STATE AS VOTER | ||
REGISTRAR. (a) The secretary of state is the chief voter registrar | ||
of the state and shall maintain the list of registered voters. The | ||
voter registrar designated under Subsection (b) is the voter | ||
registrar for all other purposes and shall assist the secretary of | ||
state in the registration of voters at the direction of the | ||
secretary of state. | ||
(b) Except as provided by Subsection (a), the [ |
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tax assessor-collector is the voter registrar for the county unless | ||
the position of county elections administrator is created or the | ||
county clerk is designated as the county voter registrar. | ||
(c) Unless otherwise provided by a rule adopted under | ||
Section 12.0011, a reference in this code to the voter registrar, as | ||
related to voter registration duties, means the county voter | ||
registrar. | ||
(d) The secretary of state shall adopt rules necessary to | ||
implement this section. | ||
SECTION 4. Subchapter A, Chapter 12, Election Code, is | ||
amended by adding Section 12.0011 to read as follows: | ||
Sec. 12.0011. CLASSIFICATION OF VOTER REGISTRATION DUTIES. | ||
(a) The secretary of state shall adopt rules consistent with | ||
Section 12.001 that classify the duties and functions placed on a | ||
voter registrar under this code or another provision of law | ||
according to whether they are to be performed by the voter registrar | ||
or by the secretary of state. | ||
(b) If a voter registrar is uncertain as to which person | ||
should perform a specific duty or function that the secretary of | ||
state has not classified, the person shall request the secretary to | ||
classify that duty or function, and the secretary shall comply with | ||
the request as soon as practicable. | ||
(c) The secretary of state shall deliver a copy of each rule | ||
proposed under this section to each voter registrar in the state not | ||
later than the fifth day after the date notice of the proposal is | ||
published in the Texas Register and shall deliver a copy of each | ||
adopted rule to those persons not later than the fifth day after the | ||
date the certified copy of the rule is filed in the secretary's | ||
office. Failure to comply with this subsection does not affect the | ||
validity of a rule. | ||
(d) The secretary of state may, on 30 days' notice, adopt a | ||
rule classifying a duty or function if the rule is needed in a | ||
shorter time than provided by the regular rulemaking process. The | ||
rule is considered an emergency rule for purposes of Chapter 2001, | ||
Government Code. The secretary is not required to give notice of | ||
the proposed rule under Subsection (c), but the secretary must give | ||
notice of the rule's adoption under that subsection. | ||
(e) Not later than January 1 of each odd-numbered year, the | ||
secretary of state shall submit a report to the committees of the | ||
senate and house of representatives with primary jurisdiction over | ||
elections a report on the implementation of this section and the | ||
secretary of state's maintenance of the list of registered voters | ||
under Section 12.001. | ||
SECTION 5. Sections 13.002(a) and (i), Election Code, are | ||
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) or Subchapter C, | ||
Chapter 20, 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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(i) An applicant who wishes to receive an exemption from the | ||
requirements of Section 63.001(b) on the basis of disability must | ||
submit [ |
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(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 | ||
acceptable under Section 63.0101. | ||
SECTION 6. Subchapter A, Chapter 13, Election Code, is | ||
amended by adding Section 13.009 to read as follows: | ||
Sec. 13.009. ELECTRONIC VOTER REGISTRATION. (a) The | ||
secretary of state and the Department of Public Safety shall | ||
jointly implement a program to allow a person who is a citizen of | ||
the United States and has an unexpired driver's license issued in | ||
this state to complete a voter registration application | ||
simultaneously with the person's application for an original, | ||
renewal, or duplicate driver's license and from the official | ||
Internet website of this state. The Internet websites of the | ||
secretary of state and the Department of Public Safety must also | ||
provide a link to the location of the application on the official | ||
Internet website of this state. | ||
(b) An applicant for electronic voter registration must: | ||
(1) attest to the truth of the information provided on | ||
the application by affirmatively accepting the information as true; | ||
(2) affirmatively consent to the use of the signature | ||
on the applicant's driver's license or personal identification card | ||
for voter registration purposes; | ||
(3) provide the information required under Section | ||
13.002(c); and | ||
(4) provide the audit number and date of issuance of | ||
the applicant's Texas driver's license issued by the Department of | ||
Public Safety. | ||
(c) For each application the program shall: | ||
(1) require that a digital copy of the applicant's | ||
signature be obtained from the Department of Public Safety; and | ||
(2) compare the information provided by the applicant | ||
against Department of Public Safety records. | ||
(d) If the information submitted by an applicant does not | ||
match Department of Public Safety records, the program shall: | ||
(1) notify the applicant that the application is | ||
incomplete; and | ||
(2) advise the applicant to correct and resubmit the | ||
application. | ||
(e) If the information submitted by an applicant matches | ||
Department of Public Safety records, the program shall forward the | ||
application to the registrar of the county in which the applicant | ||
states that the applicant resides and to the secretary of state. | ||
(f) An application electronically submitted under this | ||
section is considered for all purposes as an application submitted | ||
by mail under this title. | ||
(g) The secretary of state shall adopt rules as necessary to | ||
implement this section, including rules to provide for additional | ||
security measures necessary to ensure the accuracy and integrity of | ||
applications submitted electronically. | ||
(h) The rules adopted under Subsection (g) must require | ||
that: | ||
(1) the Internet website through which a person may | ||
complete a voter registration application include a description of | ||
the offense described by Section 13.007 in a conspicuous location | ||
on the website near the place where the person begins or submits the | ||
application; and | ||
(2) the state electronic Internet portal project be | ||
used to authenticate the identity of a person who submits an | ||
application electronically under this section. | ||
SECTION 7. 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 8. 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 eligible for registration under Section | ||
13.001. | ||
(b) If the application is submitted to the Department of | ||
Public Safety in conjunction with an application for an original, | ||
renewal, or duplicate driver's license or personal identification | ||
card, the [ |
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than the seventh day after the date the application is delivered | ||
[ |
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(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 | ||
to ensure the voter is not already registered and for determining | ||
the voter's eligibility under Section 13.001 and citizenship status | ||
as provided by Section 13.0721. | ||
(d) In making a determination under this section, the | ||
registrar must compare the applicant to the lists maintained under | ||
Sections 16.002 and 16.003. | ||
(e) Notwithstanding a rule adopted under Section 12.0011, | ||
the secretary of state is the final arbiter of whether an applicant | ||
for voter registration is eligible for registration. | ||
SECTION 9. Section 13.072, Election Code, is amended by | ||
amending Subsections (a), (c), and (d) and adding Subsections (a-1) | ||
and (e) to read as follows: | ||
(a) Unless the registrar challenges the applicant, the | ||
registrar shall approve the application if: | ||
(1) the registrar determines that an application | ||
complies with Section 13.002 and indicates that the applicant is | ||
eligible for registration under Section 13.001; and | ||
(2) [ |
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the secretary of state: | ||
(A) the applicant's Texas driver's license number | ||
or number of a personal identification card issued by the | ||
Department of Public Safety; [ |
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(B) the last four digits of the applicant's | ||
social security number; or | ||
(C) if the applicant included a statement | ||
described by Section 13.002(c)(8)(C), the identity of the applicant | ||
through other means. | ||
(a-1) For an applicant whose information was forwarded to | ||
the secretary of state under Section 13.071, the registrar may not | ||
make a determination under Subsection (a)(1) without confirmation | ||
from the secretary of state that the voter is not already registered | ||
and is eligible under Section 13.001. | ||
(c) Except as provided by Subsection (d), if the registrar | ||
determines that an application does not comply with Section 13.002 | ||
or does not indicate that the applicant is eligible for | ||
registration under Section 13.001, the registrar shall reject the | ||
application. | ||
(d) If an application clearly indicates that the applicant | ||
resides in another county, the registrar shall forward the | ||
application to the other county's registrar not later than the | ||
second day after the date the application is received [ |
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completed application to the wrong registrar is considered to be | ||
the date of submission to the proper registrar for purposes of | ||
determining the effective date of the registration. | ||
(e) The secretary of state shall adopt rules necessary to | ||
implement this section. | ||
SECTION 10. 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 conjunction with an | ||
application for an original, renewal, or duplicate driver's | ||
license. | ||
(b) The secretary of state shall verify with the Department | ||
of Public Safety the citizenship status of each applicant for voter | ||
registration whose information is forwarded to the secretary of | ||
state as provided by Section 13.071(c). If the department verifies | ||
the applicant's citizenship status, the secretary of state shall | ||
notify the registrar. | ||
(c) If the applicant included a statement under Section | ||
13.002(c)(8)(C) or the secretary of state cannot verify the | ||
citizenship status of the applicant under Subsection (b), the | ||
registrar and the applicant shall be notified as provided by | ||
secretary of state rule. | ||
(d) An applicant for voter registration 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) An applicant 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 an applicant does not provide proof of citizenship as | ||
required, the registrar shall reject the application and notify the | ||
secretary of state. The secretary of state shall keep a list of | ||
applicants of whom the secretary receives notice under this | ||
section. | ||
(g) The secretary of state shall adopt rules and prescribe | ||
procedures to implement this section. | ||
SECTION 11. Section 13.076(a), Election Code, is amended to | ||
read as follows: | ||
(a) To [ |
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entitled to a hearing on a challenge, the applicant must file a | ||
written, signed request for a hearing with the secretary of state | ||
[ |
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challenge. | ||
SECTION 12. Sections 13.077(a), (b), and (c), Election | ||
Code, are amended to read as follows: | ||
(a) On the timely filing or making of a hearing request, the | ||
secretary of state [ |
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challenge. | ||
(b) The secretary of state [ |
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hearing not later than the 10th day after the date the request is | ||
filed or made or at a later date on the applicant's request. | ||
(c) The applicant may appear personally at the hearing to | ||
offer evidence or argument. The applicant may offer evidence or | ||
argument by affidavit without personally appearing if the applicant | ||
submits the affidavit to the secretary of state [ |
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the hearing begins. | ||
SECTION 13. Section 13.078(a), Election Code, is amended to | ||
read as follows: | ||
(a) The secretary of state [ |
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challenged applicant written notice of the date, hour, and place | ||
set for the hearing on the challenge not later than the second day | ||
after the date the hearing request is filed or made. | ||
SECTION 14. Section 13.079, Election Code, is amended to | ||
read as follows: | ||
Sec. 13.079. DETERMINATION OF CHALLENGE. (a) After | ||
hearing and considering the evidence or argument, the secretary of | ||
state [ |
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a decision in writing. | ||
(b) If the secretary of state [ |
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the applicant is eligible for registration or that the manner of | ||
submission of the application was authorized, the secretary of | ||
state [ |
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(c) If the secretary of state [ |
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the applicant is not eligible for registration or that the manner of | ||
submission of the application was unauthorized, the secretary of | ||
state [ |
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(d) The secretary of state [ |
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of the decision on file with the applicant's registration | ||
application and shall deliver a copy to the applicant. | ||
SECTION 15. Section 13.142(a), Election Code, is amended to | ||
read as follows: | ||
(a) After approval of a registration application, the | ||
registrar shall: | ||
(1) prepare a voter registration certificate [ |
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(2) enter the applicant's county election precinct | ||
number and registration number on the applicant's registration | ||
application. | ||
SECTION 16. Sections 13.143(a) and (d-2), Election Code, | ||
are 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. | ||
(d-2) For a registration application not submitted by | ||
personal delivery or mail [ |
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effective, a copy of the original registration application | ||
containing the voter's original signature must be submitted by | ||
personal delivery or mail and be received by the registrar not later | ||
than the fourth business day after the submission [ |
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SECTION 17. 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 receipt of a notice of a change in | ||
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; [ |
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(8) after receipt of a registration application or | ||
change of address under Chapter 20; or | ||
(9) after determining a data entry error has occurred. | ||
SECTION 18. Section 15.023, Election Code, is amended to | ||
read as follows: | ||
Sec. 15.023. TIME FOR CERTAIN DELETIONS FROM SUSPENSE LIST. | ||
If the name of a voter [ |
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registered voters [ |
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voter's name shall be deleted from the list on the date the voter | ||
provides a completed application to register to vote in accordance | ||
with Section 13.002 [ |
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SECTION 19. Section 15.028, Election Code, is amended to | ||
read as follows: | ||
Sec. 15.028. NOTICE OF UNLAWFUL REGISTRATION OR VOTING [ |
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is not eligible to vote may have registered to vote or [ |
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deliver to the secretary of state and the county or district | ||
attorney having jurisdiction in the territory covered by the | ||
election an affidavit stating the relevant facts. | ||
[ |
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SECTION 20. Section 15.051(d), Election Code, is amended to | ||
read as follows: | ||
(d) The registrar shall maintain with the voter's record an | ||
indication that a confirmation notice was sent to the voter [ |
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SECTION 21. Subchapter C, Chapter 15, Election Code, is | ||
amended by adding Section 15.054 to read as follows: | ||
Sec. 15.054. CONFIRMATION NOTICE AFTER EVIDENCE OF CHANGE | ||
OF RESIDENCE. (a) As frequently as possible, the secretary of | ||
state shall: | ||
(1) request from the United States Postal Service | ||
information from the National Change of Address database indicating | ||
address reclassifications or changes of address affecting the | ||
registered voters of the state; | ||
(2) examine any information obtained from the | ||
interstate voter registration crosscheck program under Section | ||
18.062, indicating address reclassifications or changes of address | ||
affecting the registered voters of the state; and | ||
(3) identify each voter in the state who fails to vote | ||
in any election, submit an application for a ballot to be voted by | ||
mail under Chapter 84 or 101, or submit a change in voter | ||
registration under Chapter 13 or 15 for two years from the date of a | ||
general election for state and county officers. | ||
(b) If information obtained under Subsection (a) gives the | ||
secretary of state reason to believe a voter has changed the voter's | ||
residence to a location outside of the county in which the voter is | ||
registered to vote, the secretary of state shall forward the | ||
information to the voter registrar for the county in which the voter | ||
is registered. | ||
(c) After receiving information on a voter under Subsection | ||
(b), the registrar shall deliver a confirmation notice to the voter | ||
in accordance with Section 15.051. | ||
SECTION 22. Section 15.082(b), Election Code, is amended to | ||
read as follows: | ||
(b) The [ |
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with Chapter 552, Government Code [ |
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SECTION 23. Section 16.001(d), Election Code, is amended to | ||
read as follows: | ||
(d) With the cooperation of the secretary of state, the | ||
Department of Public Safety shall, in accordance with federal law, | ||
enter into an agreement with the commissioner of social security to | ||
verify on a quarterly basis the information of voter registration | ||
records containing a social security number. At a minimum, the | ||
department shall verify if: | ||
(1) the name, date of birth, and social security | ||
number listed in the commissioner's records match those on record | ||
with the department; and | ||
(2) the commissioner's records show the person to be | ||
deceased. [ |
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SECTION 24. Section 16.002, Election Code, is amended by | ||
amending Subsection (b) and adding Subsections (c) and (d) to read | ||
as follows: | ||
(b) The clerk shall file each abstract with the secretary of | ||
state and the voter registrar of the person's county of residence | ||
not later than the 10th day of the month following the month in | ||
which the abstract is prepared. | ||
(c) The registrar shall maintain a list containing the name | ||
of each person for whom the registrar receives an abstract under | ||
Subsection (a)(1). | ||
(d) The registrar shall remove from the list maintained | ||
under Subsection (c) the name of a person on the date the registrar | ||
receives an abstract under Subsection (a)(2) or (3) regarding the | ||
person. | ||
SECTION 25. Section 16.003, Election Code, is amended to | ||
read as follows: | ||
Sec. 16.003. FELONY CONVICTION. (a) Each weekday the | ||
Department of Public Safety is regularly open for business, the | ||
department shall file with the secretary of state and the voter | ||
registrar of the person's county of residence an abstract: | ||
(1) [ |
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received by the department convicting a person 18 years of age or | ||
older who is a resident of the state of a felony, including: | ||
(A) the date of conviction; | ||
(B) the duration of a defendant's sentence or | ||
term of community supervision, as applicable; and | ||
(C) the date on which the defendant is expected | ||
to become eligible to vote under Section 11.002; and | ||
(2) of each order received by the department pardoning | ||
a person described by Subdivision (1) or that would otherwise | ||
release the person from a disability to vote caused by felony | ||
conviction [ |
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(b) The registrar shall maintain a list containing the name | ||
of each person for whom the registrar receives an abstract under | ||
Subsection (a)(1). | ||
(c) The registrar shall remove from the list maintained | ||
under Subsection (b) the name of a person: | ||
(1) on the date on which the defendant is expected to | ||
become eligible to vote as indicated on the abstract received under | ||
Subsection (a)(1); or | ||
(2) on the date the registrar receives an abstract | ||
under Subsection (a)(2) indicating that the person has become | ||
eligible to vote. | ||
SECTION 26. Section 16.005, Election Code, is amended to | ||
read as follows: | ||
Sec. 16.005. PRESERVATION OF ABSTRACT OR ORDER. If an | ||
abstract or order received under this subchapter affects a | ||
registered voter of the county, the registrar shall retain a copy of | ||
the abstract or order on file with the affected voter's | ||
registration application. | ||
SECTION 27. Section 16.032, Election Code, is amended to | ||
read as follows: | ||
Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST | ||
PERIOD. If on November 30 following the second general election for | ||
state and county officers that occurs after the date the voter's | ||
name is entered on the suspense list a registered voter's name | ||
appears on the suspense list, the registrar shall cancel the | ||
voter's registration unless the name is to be deleted from the list | ||
under Section 15.022 or 15.023. | ||
SECTION 28. Section 16.0332(a), Election Code, is amended | ||
to read as follows: | ||
(a) After the registrar receives notification [ |
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under Section 18.068 of this code or Section 62.113, Government | ||
Code, of persons excused or disqualified from jury service or | ||
otherwise determined to be ineligible to vote because of | ||
citizenship status, the registrar shall deliver to each registered | ||
voter whose name appears in the notification [ |
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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. The notice must [ |
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the mailing address on the voter's registration application and to | ||
any new address of the voter known to the registrar. | ||
SECTION 29. Section 16.036(a), Election Code, is amended to | ||
read as follows: | ||
(a) Immediately after, but not later than the 30th day after | ||
the date a voter's registration is canceled under Section | ||
16.031(a)(3) or (4), 16.033, 16.0331, or 16.0332, the registrar | ||
shall deliver written notice of the cancellation to the voter. | ||
SECTION 30. Subchapter C, Chapter 16, Election Code, is | ||
amended to read as follows: | ||
SUBCHAPTER C. CHALLENGE OF CANCELLATION | ||
Sec. 16.061. RIGHT TO CHALLENGE CANCELLATION. A person | ||
whose voter registration is canceled may challenge the cancellation | ||
at a hearing before the secretary of state [ |
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Sec. 16.062. REQUEST FOR HEARING ON CHALLENGE. A person | ||
desiring to challenge the cancellation of the person's registration | ||
must file with the secretary of state [ |
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request for a hearing on the challenge. | ||
Sec. 16.063. REINSTATEMENT PENDING CHALLENGE. (a) On the | ||
filing of a hearing request under Section 16.062, the secretary of | ||
state [ |
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registration pending determination of the challenge. | ||
(b) Sections 16.037(c) and (d) apply to a reinstatement | ||
under this section. | ||
Sec. 16.064. HEARING ON CHALLENGE. (a) On the filing of a | ||
hearing request, the secretary of state [ |
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a hearing on the challenge. | ||
(b) The secretary of state [ |
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hearing not later than the 10th day after the date the request is | ||
filed or on a later date at the request of the challenging voter. | ||
(c) The voter may appear personally at the hearing to offer | ||
evidence or argument. The voter may offer evidence or argument by | ||
affidavit without personally appearing if the voter submits the | ||
affidavit to the secretary of state [ |
||
begins. | ||
Sec. 16.065. NOTICE OF HEARING. The secretary of state | ||
[ |
||
place set for the hearing on the challenge to the challenging voter | ||
not later than the second day after the date the hearing request is | ||
filed. | ||
Sec. 16.066. DETERMINATION OF CHALLENGE. (a) After | ||
hearing and considering the evidence or argument, the secretary of | ||
state [ |
||
a decision in writing. | ||
(b) If the secretary of state [ |
||
the registration should not have been canceled, the registration | ||
continues in effect. | ||
(c) If the secretary of state [ |
||
the cancellation of the registration was proper, the secretary of | ||
state [ |
||
after the date the secretary of state's [ |
||
issued. | ||
(d) The secretary of state [ |
||
of the decision on file with the duplicate registration certificate | ||
of the challenging voter and shall deliver a copy to the voter. | ||
SECTION 31. Subchapter D, Chapter 16, Election Code, is | ||
amended to read as follows: | ||
SUBCHAPTER D. CHALLENGE OF REGISTRATION | ||
Sec. 16.091. RIGHT TO CHALLENGE REGISTRATION. Except as | ||
otherwise provided by this subchapter, a registered voter may | ||
challenge the registration of another voter [ |
||
a hearing before the secretary of state [ |
||
Sec. 16.092. SWORN STATEMENT REQUIRED. A voter desiring to | ||
challenge a registration must file with the secretary of state | ||
[ |
||
that: | ||
(1) identifies the voter whose registration is being | ||
challenged; and | ||
(2) states a specific qualification for registration | ||
that the challenged voter has not met based on the personal | ||
knowledge of the voter desiring to challenge the registration or on | ||
a public record. | ||
Sec. 16.0921. CONFIRMATION NOTICE ON CHALLENGE BASED ON | ||
RESIDENCE. (a) Except as provided by Subsection (c), on the filing | ||
of a sworn statement under Section 16.092 alleging a ground based on | ||
residence, the secretary of state shall promptly forward a copy of | ||
the sworn statement to the voter registrar who shall promptly | ||
deliver to the voter whose registration is challenged a | ||
confirmation notice in accordance with Section 15.051. | ||
(b) If the voter fails to submit a response to the registrar | ||
in accordance with Section 15.053, the registrar shall enter the | ||
voter's name on the suspense list. | ||
(c) The registrar may not deliver a confirmation notice | ||
resulting from a sworn statement under Section 16.092 alleging a | ||
ground based on residence filed after the 75th day before the date | ||
of the general election for state and county officers until after | ||
the date of that election. This subsection does not apply to a | ||
person who submits a registration application after the 75th day | ||
and prior to the 30th day before the general election for state and | ||
county officers. | ||
Sec. 16.093. HEARING ON CHALLENGE. (a) On the filing of a | ||
sworn statement under Section 16.092 alleging a ground other than | ||
residence, the secretary of state [ |
||
hearing on the challenge. The hearing procedure does not apply to an | ||
allegation of a ground based on residence. | ||
(b) The secretary of state [ |
||
hearing not later than the 20th day after the date the statement is | ||
filed or on a later date requested by either party and agreed to by | ||
both parties. | ||
(c) A party may appear personally at the hearing to offer | ||
evidence or argument. A party may offer evidence or argument by | ||
affidavit without personally appearing if the party submits the | ||
affidavit to the secretary of state [ |
||
begins. | ||
Sec. 16.094. NOTICE OF HEARING. (a) The secretary of state | ||
[ |
||
challenge to each party to the controversy not later than the 15th | ||
day before the date of the hearing. | ||
(b) The notice must include: | ||
(1) the date, hour, and place set for the hearing; and | ||
(2) a brief explanation of the right to appeal the | ||
secretary of state's [ |
||
(c) The notice delivered to the voter whose registration is | ||
challenged must be accompanied by a copy of the sworn statement of | ||
the grounds for the challenge. | ||
Sec. 16.095. DETERMINATION OF CHALLENGE. (a) After | ||
hearing and considering the evidence or argument, the secretary of | ||
state [ |
||
a decision in writing. | ||
(b) If the secretary of state [ |
||
the voter's registration should not be canceled, the registration | ||
continues in effect. | ||
(c) If the secretary of state [ |
||
the voter's registration should be canceled, the secretary of state | ||
[ |
||
date the secretary of state's [ |
||
(d) The secretary of state [ |
||
of the decision on file [ |
||
shall deliver a copy to each party to the challenge. | ||
SECTION 32. Section 17.001, Election Code, is amended to | ||
read as follows: | ||
Sec. 17.001. RIGHT OF APPEAL BY APPLICANT FOR REGISTRATION. | ||
An applicant for voter registration is entitled to appeal an | ||
adverse decision issued by the secretary of state [ |
||
Section 13.079. | ||
SECTION 33. Section 17.002, Election Code, is amended to | ||
read as follows: | ||
Sec. 17.002. RIGHT OF APPEAL BY REGISTERED VOTER. A party | ||
to a challenge under Subchapter C or D of Chapter 16 is entitled to | ||
appeal an adverse decision issued by the secretary of state | ||
[ |
||
SECTION 34. Section 17.004, Election Code, is amended to | ||
read as follows: | ||
Sec. 17.004. COPY FILED WITH SECRETARY OF STATE | ||
[ |
||
for review, the petitioner must deliver a copy of the petition to | ||
the secretary of state [ |
||
(b) A petition delivered by mail is considered to be | ||
delivered at the time of its receipt by the secretary of state | ||
[ |
||
SECTION 35. Section 17.005, Election Code, is amended to | ||
read as follows: | ||
Sec. 17.005. CANCELLATION DELAYED PENDING APPEAL. If a | ||
voter's registration is to be canceled following a decision from | ||
which an appeal is taken, the secretary of state [ |
||
delay canceling the registration, pending the outcome of the | ||
appeal, on the timely delivery of the copy of the petition for | ||
review. | ||
SECTION 36. Section 17.006, Election Code, is amended to | ||
read as follows: | ||
Sec. 17.006. VENUE. Venue of an appeal under this chapter | ||
is in the county where the person whose application or registration | ||
is being challenged resides [ |
||
SECTION 37. Section 17.007(c), Election Code, is amended to | ||
read as follows: | ||
(c) The court may not admit in evidence the fact of prior | ||
action by the secretary of state [ |
||
necessary to establish its jurisdiction. | ||
SECTION 38. Section 18.061(b), Election Code, is amended to | ||
read as follows: | ||
(b) The statewide computerized voter registration list | ||
must: | ||
(1) contain the name and registration information of | ||
each voter registered in the state; | ||
(2) assign a unique identifier to each registered | ||
voter; [ |
||
(3) assign an electronic indicator to a registered | ||
voter about whom the secretary of state has received an abstract | ||
under Section 16.002 or 16.003 without removing that voter from the | ||
list; and | ||
(4) be available to any election official in the state | ||
through immediate electronic access. | ||
SECTION 39. Section 18.064, Election Code, is amended to | ||
read as follows: | ||
Sec. 18.064. SANCTION FOR NONCOMPLIANCE. If a registrar | ||
fails to substantially comply with Section 15.083, 16.032, 16.0332, | ||
[ |
||
state implementing the statewide computerized voter registration | ||
list, the registrar is not entitled to receive state funds for | ||
financing voter registration in the county. | ||
SECTION 40. Section 18.065, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (e) to read as | ||
follows: | ||
(a) The secretary of state shall monitor each registrar for | ||
substantial compliance with Sections 15.083, 16.032, 16.0332, and | ||
18.061 and with rules implementing the statewide computerized voter | ||
registration list. | ||
(e) The secretary of state shall annually audit the voter | ||
registrar for each county's compliance with Section 15.083, 16.032, | ||
16.0332, 18.061, and 18.068, and not later than December 31, file a | ||
copy of the audit with the legislature. | ||
SECTION 41. Section 18.068, Election Code, is amended to | ||
read as follows: | ||
Sec. 18.068. COMPARISON OF INFORMATION REGARDING | ||
INELIGIBILITY. (a) The secretary of state shall as frequently as | ||
possible [ |
||
Sections [ |
||
Section 62.113, Government Code, to the statewide computerized | ||
voter registration list. | ||
(a-1) The secretary of state shall enter into an agreement | ||
with the Department of Public Safety under which information in the | ||
database of the Department of Public Safety is provided to the | ||
secretary of state if the information concerns a person who: | ||
(1) is at least 18 years of age; | ||
(2) has a valid driver's license or personal | ||
identification card issued by the Department of Public Safety; and | ||
(3) has indicated the person is not a citizen in | ||
connection with an application for a new or renewal driver's | ||
license or personal identification card. | ||
(a-2) If the secretary of state determines from information | ||
received under Subsection (a) or (a-1) that a voter on the | ||
registration list may be ineligible to vote [ |
||
the attorney general and 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 who is deceased or ineligible to vote 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. | ||
(c) The secretary of state may not determine that a voter is | ||
deceased or ineligible to vote 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. | ||
(e) The secretary of state may determine that a voter is | ||
deceased or ineligible to vote based on a strong match. | ||
(f) The secretary of state may obtain, for purposes of | ||
determining whether a voter is deceased or ineligible to vote, | ||
information from other state agency databases or available federal | ||
agency databases relating to a voter that is the same type of | ||
information that the secretary of state or a voter registrar | ||
collects or stores for voter registration purposes. | ||
(g) Not later than December 31 of each year, the secretary | ||
of state shall provide a report to the legislature of the number of | ||
voters determined to be ineligible under this section during the | ||
calendar year. The report must include the reason for | ||
ineligibility for each voter and the result of each investigation | ||
conducted by a county under Subsection (d). | ||
SECTION 42. Section 18.0681(d), Election Code, is amended | ||
to read as follows: | ||
(d) If the secretary of state determines that a voter on the | ||
registration list has more than one registration record on file | ||
based on a strong match, the secretary shall send notice of the | ||
determination to the voter registrar of each county in which the | ||
voter is registered to vote. If the voter records identified are: | ||
(1) located in the same county, the voter registrar | ||
shall [ |
||
record belongs to the same voter using the procedure for the | ||
correction of registration records under Section 15.022; or | ||
(2) located in more than one county, the registrar of | ||
the county with the oldest record shall [ |
||
confirmation notice in accordance with Section 15.051. | ||
SECTION 43. Section 18.069, Election Code, is amended to | ||
read as follows: | ||
Sec. 18.069. VOTING HISTORY. Not later than the 30th day | ||
after the date of the primary, runoff primary, or general election | ||
or any special election ordered by the governor, the general | ||
custodian of election records [ |
||
submit to the secretary of state the record of each voter | ||
participating in the election. The record must include a notation | ||
of whether the voter voted on election day, voted early by personal | ||
appearance, voted early by mail under Chapter 86, or voted early by | ||
mail under Chapter 101. | ||
SECTION 44. Section 20.062, Election Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (d) to read | ||
as follows: | ||
(a) The Department of Public Safety shall prescribe and use | ||
a form and procedure that combines the department's application | ||
form for a license or card with an officially prescribed voter | ||
registration application form for each United States citizen who | ||
applies in person at the department's offices or online at the | ||
department's Internet website. | ||
(b) The department shall prescribe and use a change of | ||
address form and procedure that combines department and voter | ||
registration functions. The form must allow a licensee or | ||
cardholder to indicate that [ |
||
[ |
||
(d) A procedure prescribed under this section must provide | ||
for the electronic transmission of an applicant's voter | ||
registration data by the department to the secretary of state in | ||
accordance with Section 20.066. | ||
SECTION 45. Sections 20.063(a) and (c), Election Code, are | ||
amended to read as follows: | ||
(a) The Department of Public Safety shall provide to each | ||
United States citizen [ |
||
the department's Internet website [ |
||
an original or renewal of a driver's license, a personal | ||
identification card, or a duplicate or corrected license or card an | ||
opportunity to complete a voter registration application form. | ||
(c) A change of address that relates to a license or card and | ||
that is submitted to the department in person, [ |
||
online at the department's Internet website serves as a change of | ||
address for voter registration unless the licensee or cardholder | ||
indicates that the change is not for voter registration purposes. | ||
The date of submission of a change of address to a department | ||
employee is considered to be the date of submission to the voter | ||
registrar for the purpose of determining the effective date of | ||
registration [ |
||
SECTION 46. Section 20.091, Election Code, is amended to | ||
read as follows: | ||
Sec. 20.091. APPLICABILITY OF OTHER PROVISIONS. The other | ||
provisions of this chapter do not apply to a public library unless | ||
specifically provided by the provision or by a rule adopted by the | ||
secretary of state [ |
||
SECTION 47. Section 31.006(a), Election Code, is amended to | ||
read as follows: | ||
(a) If, based on information received or discovered [ |
||
reasonable cause to suspect that [ |
||
connection with an election occurred, the secretary shall promptly | ||
refer the matter [ |
||
shall deliver to the attorney general all pertinent documents and | ||
other material in the secretary's possession. | ||
SECTION 48. Section 66.058, Election Code, is amended by | ||
adding Subsection (i) to read as follows: | ||
(i) Upon written request from a certified peace officer | ||
investigating an offense under this code or an attorney prosecuting | ||
an offense under this code, the authority who is preserving | ||
election records under this section shall provide the officer or | ||
attorney the complete, unredacted records requested. Information | ||
produced under this subsection is confidential and not subject to | ||
disclosure under Chapter 552, Government Code. | ||
SECTION 49. The following provisions of the Election Code | ||
are repealed: | ||
(1) Section 13.041; | ||
(2) Section 13.074(c); | ||
(3) Section 13.076(b); | ||
(4) Section 13.077(d); | ||
(5) Section 13.078(b); | ||
(6) Sections 13.143(d) and (e); | ||
(7) Sections 15.082(c) and (d); | ||
(8) Subchapter F, Chapter 15; | ||
(9) Section 18.0121; | ||
(10) Section 18.0051; and | ||
(11) Section 18.008(c). | ||
SECTION 50. 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 51. Section 6, Article 42.03, Code of Criminal | ||
Procedure, as added by this Act, and Sections 16.003 and 16.005, | ||
Election Code, as amended by this Act, apply only to a person | ||
convicted of a felony on or after the effective date of this Act. | ||
SECTION 52. This Act takes effect September 1, 2021. |