Bill Text: TX SB14 | 2011-2012 | 82nd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to requirements to vote, including presenting proof of identification; providing criminal penalties.
Spectrum: Partisan Bill (Republican 109-1)
Status: (Passed) 2011-05-27 - See remarks for effective date [SB14 Detail]
Download: Texas-2011-SB14-Engrossed.html
Bill Title: Relating to requirements to vote, including presenting proof of identification; providing criminal penalties.
Spectrum: Partisan Bill (Republican 109-1)
Status: (Passed) 2011-05-27 - See remarks for effective date [SB14 Detail]
Download: Texas-2011-SB14-Engrossed.html
By: Fraser, et al. | S.B. No. 14 |
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relating to requirements to vote, including presenting proof of | ||
identification; providing criminal penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 13.002, Election Code, is amended by | ||
adding Subsection (i) to read as follows: | ||
(i) An applicant who wishes to receive an exemption on the | ||
basis of disability from the requirements of Section 63.001(b) must | ||
include a certification from a physician that the person has a | ||
disability as defined by Section 21.002, Labor Code, with the | ||
person's application. | ||
SECTION 2. Section 15.001, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A certificate issued to a voter who meets the | ||
certification requirements of Section 13.002(i) must contain an | ||
indication that the voter is exempt from the requirement to present | ||
identification other than the registration certificate before | ||
being accepted for voting. | ||
SECTION 3. 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 4. Subsection (a), Section 15.022, 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 a registration omissions list and | ||
any affidavits executed under Section 63.006 [ |
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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; or | ||
(8) after receipt of a registration application or | ||
change of address under Chapter 20. | ||
SECTION 5. Subchapter A, Chapter 31, Election Code, is | ||
amended by adding Section 31.012 to read as follows: | ||
Sec. 31.012. VOTER IDENTIFICATION EDUCATION. (a) 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 in each language in which voter registration | ||
materials are available. The secretary of state shall prescribe | ||
the wording of the notice to be included on the websites. | ||
(b) The secretary of state shall conduct a statewide effort | ||
to educate voters regarding the identification requirements for | ||
voting prescribed by Chapter 63. | ||
(c) The county clerk of each county shall post in a | ||
prominent location at the clerk's office a physical copy of the | ||
notice prescribed under Subsection (a) in each language in which | ||
voter registration materials are available. | ||
SECTION 6. 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 7. Subsection (a), Section 32.114, 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 8. 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 a list of the acceptable | ||
forms of identification. The notice and list must be printed using | ||
a font that is at least 24-point. The notices required under this | ||
section shall be posted separately from all other notices required | ||
by state or federal law. | ||
SECTION 9. Section 63.001, Election Code, is amended by | ||
amending Subsections (b), (c), (d), and (f) and adding Subsections | ||
(g) and (h) to read as follows: | ||
(b) Except as provided by Subsection (h), on [ |
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to vote, a voter must present to an election officer at the polling | ||
place one form of identification listed in Section 63.0101 [ |
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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. If in determining whether a voter's name is on the | ||
list of registered voters the election officer determines that the | ||
voter's name on the documentation is substantially similar but does | ||
not match exactly the name on the list, the voter shall be accepted | ||
for voting as otherwise required by this section if the voter | ||
submits an affidavit stating that the voter is the person on the | ||
list of registered voters. | ||
(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. For a voter who is | ||
not accepted for voting under this section, an election officer | ||
shall: | ||
(1) inform the voter of the voter's right to cast a | ||
provisional ballot under Section 63.011; and | ||
(2) provide the voter with written information, in a | ||
form prescribed by the secretary of state, that: | ||
(A) lists the requirements for identification; | ||
(B) states the procedure for presenting | ||
identification under Section 65.0541; | ||
(C) includes a map showing the location where | ||
identification must be presented; and | ||
(D) includes notice that even if all procedures | ||
are followed, there is no guarantee that a provisional ballot will | ||
be accepted. | ||
(h) The requirements for identification prescribed by | ||
Subsection (b) do not apply to a voter who presents the voter's | ||
voter registration certificate on offering to vote and: | ||
(1) was 70 years of age or older on January 1, 2012, as | ||
indicated by the date of birth on the voter's voter registration | ||
certificate; or | ||
(2) is disabled and the voter's voter registration | ||
certificate contains the indication described by Section | ||
15.001(c). | ||
SECTION 10. Subsection (a), Section 63.0011, 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, if [ |
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identification presented by the voter under Section 63.001(b) [ |
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voter has changed residence within the county. | ||
SECTION 11. Chapter 63, Election Code, is amended by adding | ||
Section 63.0012 to read as follows: | ||
Sec. 63.0012. NOTICE OF IDENTIFICATION REQUIREMENTS TO | ||
CERTAIN VOTERS. (a) An election officer shall distribute written | ||
notice of the identification that will be required to vote in | ||
elections held after January 1, 2012, and information on obtaining | ||
identification without a fee under Section 521.422, Transportation | ||
Code, to each voter who, when offering to vote, presents a form of | ||
identification that will not be sufficient for acceptance as a | ||
voter under this chapter beginning with those elections. | ||
(b) The secretary of state shall prescribe the wording of | ||
the notice and establish guidelines for distributing the notice. | ||
(c) This section expires September 1, 2017. | ||
SECTION 12. Section 63.006, Election Code, is amended to | ||
read as follows: | ||
Sec. 63.006. VOTER WITH REQUIRED DOCUMENTATION [ |
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vote, presents the documentation required under Section 63.001(b) | ||
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voters, shall be accepted for voting if the voter also presents a | ||
voter registration certificate indicating that the voter is | ||
currently registered: | ||
(1) in the precinct in which the voter is offering to | ||
vote; or | ||
(2) in a different precinct from the one in which the | ||
voter is offering to vote and the voter executes an affidavit | ||
stating that the voter: | ||
(A)(i) 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; or | ||
(ii) was a resident of the precinct in which | ||
the voter is offering to vote at the time the information on the | ||
voter's residence address was last provided to the voter registrar; | ||
(B) did not deliberately provide false | ||
information to secure registration in a precinct in which the voter | ||
does not reside; and | ||
(C) is voting only once in the election. | ||
(b) After the voter is accepted, an election officer shall: | ||
(1) indicate beside the voter's name on the poll list | ||
that the voter was accepted under this section; and | ||
(2) if applicable, enter on the registration omissions | ||
list the precinct of the voter's registration as indicated by the | ||
voter's registration certificate. | ||
SECTION 13. Section 63.009, Election Code, is amended to | ||
read as follows: | ||
Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST. | ||
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present a voter registration certificate when offering to vote, and | ||
whose name is not on the list of registered voters for the precinct | ||
in which the voter is offering to vote, shall be accepted for | ||
provisional voting if the voter executes an affidavit in accordance | ||
with Section 63.011. | ||
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SECTION 14. Section 63.0101, Election Code, is amended to | ||
read as follows: | ||
Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. | ||
The following documentation is an acceptable form [ |
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photo identification under this chapter: | ||
(1) a driver's license or personal identification card | ||
issued to the person by the Department of Public Safety that has not | ||
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that expired no earlier than 60 days before the date of | ||
presentation; | ||
(2) a United States military identification card that | ||
contains the person's photograph that has not expired or that | ||
expired no earlier than 60 days before the date of presentation | ||
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(3) a [ |
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issued to the person that contains the person's photograph; | ||
(4) [ |
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person that has not expired or that expired no earlier than 60 days | ||
before the date of presentation; or | ||
(5) a license to carry a concealed handgun issued to | ||
the person by the Department of Public Safety | ||
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SECTION 15. Subsections (a) and (b), Section 63.011, | ||
Election Code, are amended to read as follows: | ||
(a) A person to whom Section 63.001(g) [ |
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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 shall | ||
be printed on an envelope in which the provisional ballot 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 a form of identification described by Section 63.0101. | ||
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 16. Subsection (b), Section 64.012, Election Code, | ||
is amended to read as follows: | ||
(b) An offense under this section is a felony of the second | ||
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that case, the offense is a state jail felony [ |
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SECTION 17. Section 65.054, Election Code, is amended by | ||
amending Subsection (b) and adding Subsection (e) to read as | ||
follows: | ||
(b) A provisional ballot shall [ |
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the board determines that: | ||
(1) [ |
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contained in public records, the person is eligible to vote in the | ||
election and has not previously voted in that election; and | ||
(2) the person: | ||
(A) meets the identification requirements of | ||
Section 63.001(b) in the period prescribed under Section 65.0541; | ||
or | ||
(B) executes an affidavit under penalty of | ||
perjury stating that: | ||
(i) the voter: | ||
(a) is indigent and is unable to | ||
obtain proof of identification without the payment of a fee; or | ||
(b) has a religious objection to being | ||
photographed; and | ||
(ii) the voter has not been challenged or | ||
required to vote a provisional ballot for any other reason. | ||
(e) In this section, "indigent" has the meaning assigned by | ||
Section 51.941(e), Government Code. | ||
SECTION 18. 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) 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 proof of identification described by | ||
Section 63.0101 to the voter registrar for examination; or | ||
(2) execute an affidavit described by Section | ||
65.054(b)(2)(B) in the presence of the voter registrar. | ||
(b) The secretary of state shall prescribe procedures as | ||
necessary to implement this section. | ||
SECTION 19. Section 66.0241, Election Code, is amended to | ||
read as follows: | ||
Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4 | ||
must contain: | ||
(1) the precinct list of registered voters; | ||
(2) the registration correction list; | ||
(3) the registration omissions list; | ||
(4) any statements of residence executed under Section | ||
63.0011; and | ||
(5) any affidavits executed under Section 63.006 | ||
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SECTION 20. 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 states that the | ||
person is obtaining the personal identification certificate for the | ||
purpose of satisfying Section 63.001(b), Election Code, and: | ||
(1) who is a registered voter in this state and | ||
presents a valid voter registration certificate; or | ||
(2) who is eligible for registration under Section | ||
13.001, Election Code, and submits a registration application to | ||
the department. | ||
SECTION 21. Effective January 1, 2012, Sections 63.007 and | ||
63.008, Election Code, are repealed. | ||
SECTION 22. As soon as practicable after the effective date | ||
of this section: | ||
(1) 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) 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 23. The change in law made by this Act applies only | ||
to an offense committed on or after January 1, 2012. An offense | ||
committed before January 1, 2012, is covered by the law in effect | ||
when the offense was committed, and the former law is continued in | ||
effect for that purpose. For purposes of this section, an offense | ||
is committed before January 1, 2012, if any element of the offense | ||
occurs before that date. | ||
SECTION 24. State funds disbursed under Chapter 19, | ||
Election Code, for the purpose of defraying expenses of the voter | ||
registrar's office in connection with voter registration may also | ||
be used for additional expenses related to coordinating voter | ||
registration drives or other activities designed to expand voter | ||
registration. This section expires January 1, 2013. | ||
SECTION 25. This Act does not make an appropriation. This | ||
Act takes effect only if a specific appropriation for the | ||
implementation of the Act is provided in a general appropriations | ||
act of the 82nd Legislature. | ||
SECTION 26. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect January 1, 2012. | ||
(b) The changes in law made by Sections 3, 5, 6, 7, 11, 22, | ||
and 24 of this Act take effect September 1, 2011. |