Bill Text: TX SB1610 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to voter qualification and registration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-24 - Referred to State Affairs [SB1610 Detail]
Download: Texas-2021-SB1610-Introduced.html
87R9713 TSS-D | ||
By: Hall | S.B. No. 1610 |
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relating to voter qualification and registration. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 13.002(c), Election Code, is amended to | ||
read as follows: | ||
(c) A registration application must include: | ||
(1) the applicant's first name, middle name, if any, | ||
last name, and former name, if any; | ||
(2) the month, day, and year of the applicant's birth; | ||
(3) a statement that the applicant is a United States | ||
citizen; | ||
(4) a statement that the applicant is a resident of the | ||
county; | ||
(5) a statement that the applicant has not been | ||
determined by a final judgment of a court exercising probate | ||
jurisdiction to be: | ||
(A) totally mentally incapacitated; or | ||
(B) partially mentally incapacitated without the | ||
right to vote; | ||
(6) a statement that the applicant has not been | ||
finally convicted of a felony or that the applicant is a felon | ||
eligible for registration under Section 13.001; | ||
(7) the applicant's residence address or, if the | ||
residence has no address, the address at which the applicant | ||
receives mail and a concise description of the location of the | ||
applicant's residence; | ||
(8) the following information: | ||
(A) the applicant's Texas driver's license number | ||
or the number of a personal identification card issued by the | ||
Department of Public Safety and the applicant's social security | ||
number; | ||
(B) if the applicant has not been issued one of | ||
the numbers [ |
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described by Paragraph (A) that the applicant has been issued and a | ||
statement by the applicant that the applicant has not been issued | ||
the other number [ |
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(C) a statement by the applicant that the | ||
applicant has not been issued a number described by Paragraph (A) | ||
[ |
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(9) if the application is made by an agent, a statement | ||
of the agent's relationship to the applicant; [ |
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(10) the city and county in which the applicant | ||
formerly resided; and | ||
(11) a list of all counties in this state in which the | ||
applicant is or has been registered to vote. | ||
SECTION 2. Section 13.004, Election Code, is amended by | ||
adding Subsections (f) and (g) to read as follows: | ||
(f) The registrar shall furnish a copy of a list of voters | ||
registered in the county to any person requesting it or shall | ||
furnish that portion of the list requested. A list or portion of a | ||
list provided under this subsection may not include information | ||
made confidential under Subsection (c) or other law. | ||
(g) The registrar may not charge a fee for providing a list | ||
or portion of a list under Subsection (f). | ||
SECTION 3. 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 a United States citizen eligible for | ||
registration. | ||
(b) If the application is submitted to the Department of | ||
Public Safety in person with the proof of citizenship required by | ||
Section 20.063(e), the [ |
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not later than the seventh day after the date the application is | ||
submitted to the registrar. | ||
(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 | ||
for determining citizenship as provided by Section 13.0721. | ||
SECTION 4. Section 13.072, Election Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1), (a-2), 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; [ |
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(2) for an applicant who has not included a statement | ||
described by Section 13.002(c)(8)(C), the registrar verifies with | ||
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 [ |
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social security number; or | ||
(C) both the numbers described by Paragraphs (A) | ||
and (B), if provided by the applicant; | ||
(3) the registrar determines that the residence | ||
address or residence description provided by the applicant under | ||
Section 13.002(c)(7): | ||
(A) corresponds to a house, apartment building, | ||
lodging house, boarding house, dormitory, residence hall, group | ||
home, residential treatment center, nursing home, nursing or | ||
long-term care facility, correctional facility, dormitory or | ||
residence hall, shelter, or any other location at which a person | ||
could reasonably reside; and | ||
(B) has not been used as a residence address or | ||
description by a number of applicants for voter registration | ||
greater than the number of people that could reasonably reside at | ||
the address; and | ||
(4) the registrar verifies the applicant's signature | ||
by comparing it with any signature of the voter obtained from the | ||
Department of Public Safety. | ||
(a-1) A voter registrar shall enter into an agreement with | ||
the Department of Public Safety under which a signature in the | ||
database of the Department of Public Safety is provided to the | ||
registrar if it is a signature of a person over the age of 18 who | ||
resides in the county. | ||
(a-2) Before approving an application by an applicant who | ||
has indicated that they are or have been registered in another | ||
county under Section 13.002(c)(11), the registrar shall obtain from | ||
the other county's registrar any information or documentation | ||
relating to the applicant in the possession of the other county's | ||
registrar. | ||
(e) If the registrar is unable to make a determination | ||
regarding the residence address or description provided by the | ||
applicant under Subsection (a)(3), the registrar shall challenge | ||
the applicant under Section 13.074. | ||
SECTION 5. 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 person with the proof of | ||
citizenship required by Section 20.063(e). | ||
(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. If the department does not have information | ||
regarding the citizenship status of the applicant or has | ||
information indicating that the applicant is not a citizen, the | ||
registrar and the applicant shall be notified as provided by | ||
secretary of state rule. | ||
(c) An applicant for voter registration who receives notice | ||
under Subsection (b) must provide proof of citizenship to the | ||
registrar not later than the 60th day after the date of receipt. | ||
Except as provided by Subsection (d), 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. | ||
(d) An applicant may mail a certified copy of a document | ||
described by Subsection (c)(2) or (3) with a copy of the person's | ||
government-issued photo identification to the registrar. | ||
(e) If an applicant does not provide proof of citizenship as | ||
required, the registrar shall cancel the registration 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. | ||
(f) The secretary of state shall adopt rules and prescribe | ||
procedures to implement this section. | ||
SECTION 6. Section 15.021, Election Code, is amended by | ||
adding Subsection (d-1) to read as follows: | ||
(d-1) If the registrar receives a notification from the | ||
Department of Public Safety under Section 521.054(e), | ||
Transportation Code, that a voter registered in the registrar's | ||
county has changed the voter's address, the registrar shall | ||
consider the notification a notice submitted under Subsection (a). | ||
SECTION 7. Section 15.082(b), Election Code, is amended to | ||
read as follows: | ||
(b) The registrar may not charge a fee for a [ |
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portion of a list furnished under this section [ |
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SECTION 8. Section 15.084(b), Election Code, is amended to | ||
read as follows: | ||
(b) The secretary of state may not charge a fee for a [ |
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list or portion of a list furnished under this section [ |
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SECTION 9. Subchapter A, Chapter 16, Election Code, is | ||
amended by adding Section 16.0035 to read as follows: | ||
Sec. 16.0035. TAX RECORD AUDIT. (a) Once per year, the | ||
county tax assessor-collector shall audit the county's tax records | ||
to determine if the records indicate that a person 18 years or older | ||
who has resided in the county in the previous year has died, is no | ||
longer a resident of the county, is not a citizen of the United | ||
States, or is otherwise ineligible to vote. | ||
(b) The tax assessor-collector shall forward the records | ||
described by Subsection (a) to the registrar for cancellation | ||
following investigation under Section 16.033. | ||
SECTION 10. Section 16.033(b), Election Code, is amended to | ||
read as follows: | ||
(b) If the registrar receives a record under Section 16.0035 | ||
or otherwise has reason to believe that a voter is no longer | ||
eligible for registration, the registrar shall deliver written | ||
notice to the voter indicating that the voter's registration status | ||
is being investigated by the registrar. The notice shall be | ||
delivered by forwardable mail to the mailing address on the voter's | ||
registration application and to any new address of the voter known | ||
to the registrar. If the secretary of state has adopted or | ||
recommended a form for a written notice under this section, the | ||
registrar must use that form. | ||
SECTION 11. Section 16.0332(a), Election Code, is amended | ||
to read as follows: | ||
(a) After the registrar receives a list 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 on the | ||
list a written notice requiring the voter to submit to the registrar | ||
proof of United States citizenship in the form of a certified copy | ||
of the voter's birth certificate, United States passport, or | ||
certificate of naturalization or any other form prescribed by the | ||
secretary of state. The notice shall be delivered by forwardable | ||
mail to the mailing address on the voter's registration application | ||
and to any new address of the voter known to the registrar. | ||
SECTION 12. Section 18.005, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (d) to read as | ||
follows: | ||
(a) Each original and supplemental list of registered | ||
voters must: | ||
(1) contain the voter's name, date of birth, and | ||
registration number as provided by the statewide computerized voter | ||
registration list; | ||
(2) contain the voter's residence address, except as | ||
provided by Subsections (b) and (c) or Section 18.0051; | ||
(3) be arranged alphabetically by voter name; [ |
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(4) contain the notation required by Section 15.111; | ||
and | ||
(5) contain the voter's photograph if provided to the | ||
registrar under an agreement made under Subsection (d). | ||
(d) A voter registrar shall enter into an agreement with the | ||
Department of Public Safety under which a photograph in the | ||
database of the Department of Public Safety is provided to the | ||
registrar if the photograph is of a registered voter in the county. | ||
SECTION 13. 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; [ |
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(3) be available to any election official in the state | ||
through immediate electronic access; and | ||
(4) be designed to integrate and interact easily with | ||
other state computerized databases. | ||
SECTION 14. Section 18.068, Election Code, is amended by | ||
amending Subsections (a), (b), (c), (e), and (f) and adding | ||
Subsections (a-1) and (a-2) to read as follows: | ||
(a) The secretary of state shall monthly [ |
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compare the information received under Subchapter A, Chapter 16, | ||
[ |
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62.114, 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, the Texas Department of | ||
Criminal Justice, the vital statistics unit of the Department of | ||
State Health Services, and the Health and Human Services Commission | ||
under which information in any database maintained by the | ||
department, unit, or commission is provided to the secretary of | ||
state if the information concerns a person who is at least 18 years | ||
of age and: | ||
(1) has indicated in connection with a service sought | ||
by or provided to the person by the department, unit, or commission | ||
that the person is not a citizen, has changed residence addresses, | ||
or is otherwise ineligible to vote under Section 13.001; or | ||
(2) for whom the department, unit, or commission has | ||
received information indicating the person is deceased. | ||
(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 [ |
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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. | ||
(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 [ |
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agencies not listed in Subsection (a-1) 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. | ||
SECTION 15. Section 20.032, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) Except as provided by Subsection (a-1), an [ |
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appropriate agency employee shall routinely inform each person who | ||
applies in person for agency services of the opportunity to | ||
complete a voter registration application form and on request shall | ||
provide nonpartisan voter registration assistance to the | ||
applicant. | ||
(a-1) An employee of a voter registration agency may not | ||
offer voter registration assistance under this chapter if a person | ||
applies for agency services using identification issued by a | ||
foreign country. | ||
SECTION 16. Section 20.063, Election Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) A person who submits a voter registration application to | ||
the department in person shall at the time of submission present as | ||
proof of citizenship: | ||
(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; or | ||
(3) United States citizenship papers issued to the | ||
person. | ||
SECTION 17. Section 62.113(b), Government Code, is amended | ||
to read as follows: | ||
(b) On the third business day of each month, the clerk shall | ||
send a copy of the list of persons excused or disqualified because | ||
of citizenship in the previous month to: | ||
(1) the voter registrar of the county; | ||
(2) the secretary of state; and | ||
(3) the county or district attorney, as applicable, or | ||
the attorney general for an investigation of whether the person | ||
committed an offense under Section 13.007, Election Code, or other | ||
law. | ||
SECTION 18. Sections 62.114(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) On the third business day of each month, the clerk shall | ||
send [ |
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persons excused or disqualified in the previous month because the | ||
persons do not reside in the county to: | ||
(1) the voter registrar of the county; | ||
(2) the secretary of state; and | ||
(3) the county or district attorney, as applicable, or | ||
the attorney general for an investigation of whether the person | ||
committed an offense under Section 13.007, Election Code, or other | ||
law. | ||
(c) A list compiled under this section may not be used for a | ||
purpose other than a purpose described by Subsection (b) or Section | ||
15.081 or 18.068, Election Code. | ||
SECTION 19. Section 521.054, Transportation Code, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e) If the department is notified that a person over the age | ||
of 18 has changed the person's address under this section, the | ||
department shall forward the change of address notification to the | ||
voter registrar for the county where the person previously resided. | ||
SECTION 20. The following provisions of the Election Code | ||
are repealed: | ||
(1) Section 15.082(d); | ||
(2) Section 15.084(d); and | ||
(3) Section 20.006(c). | ||
SECTION 21. 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 22. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2021. |