Bill Text: TX SB1676 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to creating an offense for the unlawful possession or transfer of a large-capacity magazine.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-25 - Referred to Criminal Justice [SB1676 Detail]

Download: Texas-2013-SB1676-Introduced.html

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83R10484 JRJ-F
By: Ellis S.B. No. 1676

A BILL TO BE ENTITLED
AN ACT
relating to reforming the electoral process; providing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Election Code, is amended by adding
Section 1.021 to read as follows:
Sec. 1.021. BIPARTISAN ELECTION COMMISSION. (a) The
Bipartisan Election Commission is composed of eight members as
follows:
(1) two members from each political party whose
nominee for governor in the most recent gubernatorial general
election received 20 percent or more of the total number of votes
received by all candidates for governor in the election, appointed
by the senate; and
(2) two members from each political party whose
nominee for governor in the most recent gubernatorial general
election received 20 percent or more of the total number of votes
received by all candidates for governor in the election, appointed
by the house of representatives.
(b) A member of the commission serves at the will of the
appointing house of the legislature.
(c) The commission shall:
(1) study methods to reduce election fraud, increase
voter turnout, and improve election practices in this state; and
(2) monitor the implementation of the changes in law
made by Chapter 123 (S.B. 14), Acts of the 82nd Legislature,
Regular Session, 2011.
(d) The commission shall report its findings to the
committees of each house of the legislature with jurisdiction over
elections. The commission shall submit one report not later than
December 1, 2014, and a second report not later than December 1,
2016. This subsection expires September 1, 2017.
SECTION 2. Subchapter A, Chapter 12, Election Code, is
amended by adding Section 12.007 to read as follows:
Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER
REGISTRARS. An election officer serving a polling place for early
voting by personal appearance is a deputy voter registrar and has
the same authority as a regular deputy registrar.
SECTION 3. Section 15.005(b), Election Code, is amended to
read as follows:
(b) The notice included on the certificate under this
section must state: "All eligible voters shall be accepted for
voting if identification is provided that includes one form of
photo identification or two forms of nonphoto identification. If
an eligible voter cannot provide these documents, the voter shall
be allowed to vote if a signed affidavit subject to verification is
provided." [secretary of state shall prescribe the wording of the
notice to be included on the certificate under this section.]
SECTION 4. Section 31.012, Election Code, is amended to
read as follows:
Sec. 31.012. VOTER IDENTIFICATION EDUCATION. (a) The
secretary of state, in cooperation with appropriate nonprofit
organizations as determined by the secretary of state and with each
party whose nominee for governor in the most recent gubernatorial
general election received 20 percent or more of the total number of
votes received by all candidates for governor in the election,
shall establish a statewide voter education project to [and the
voter registrar of each county that maintains a website shall]
provide notice of the identification requirements for voting
prescribed by Chapter 63 and to increase awareness regarding the
methods of acquiring the required identification [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) A project established under this section must include:
(1) a community outreach program in which information
about the identification requirements is provided considering the
needs of individuals in each community; and
(2) a communications strategy for providing
information about the identification requirements through print,
radio, and television in each electronic media market beginning six
months in advance of the first election for which photo
identification is required [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 or county elections administrator
shall administer projects established under this section [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 5. Subchapter A, Chapter 31, Election Code, is
amended by adding Sections 31.013 and 31.014 to read as follows:
Sec. 31.013. ELECTION INTEGRITY TRAINING. The secretary of
state and the attorney general jointly shall annually conduct, in
at least four different geographic regions of the state, election
integrity training for election officers, law enforcement
personnel, and prosecutors in methods of detecting, investigating,
and prosecuting instances of voter fraud and voter suppression.
Sec. 31.014. PHOTO IDENTIFICATION ACCESS STUDY. (a) Not
later than January 1, 2015, the secretary of state shall conduct a
study on the availability of photo identification and provide
recommendations to the legislature concerning:
(1) the ability to merge the databases of different
state agencies and governmental entities to obtain photographs of
voters for use on the voter's voter registration certificate; and
(2) ways to make photo identification available at no
cost to as many voters as possible, including the use of a program
to obtain photographs of voters using neighborhood mobile units for
use on the voter's voter registration certificate.
(b) This section expires September 1, 2015.
SECTION 6. Chapter 61, Election Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C. DECEPTIVE ELECTION PRACTICES AND VOTER SUPPRESSION
Sec. 61.061. DECEPTIVE ELECTION PRACTICES AND VOTER
SUPPRESSION PROHIBITED. A person may not knowingly deceive another
person regarding:
(1) the time, place, or manner of conducting an
election in this state; or
(2) the qualifications for or restrictions governing
voter eligibility for an election in this state.
Sec. 61.062. CRIMINAL OFFENSE. (a) A person commits an
offense if the person violates Section 61.061 with the intent to
prevent another person from:
(1) voting in an election; or
(2) casting a ballot that may legally be counted.
(b) An offense under this section is a Class B misdemeanor.
Sec. 61.063. REPORT TO SECRETARY OF STATE; ACTION BY
SECRETARY. (a) A person may report a suspected violation of
Section 61.061 to the secretary of state through the voting rights
hotline or otherwise.
(b) Not later than 48 hours after receiving the report, the
secretary of state shall:
(1) refer the matter to the attorney general as
provided by Section 31.006 if the secretary determines that there
is reasonable cause to suspect that a criminal offense has been
committed; and
(2) take any action determined necessary to provide
correct information to the voters affected by the violation.
(c) The secretary of state shall adopt rules regarding the
method of taking corrective action under Subsection (b)(2).
Sec. 61.064. REPORT TO LEGISLATURE. (a) Not later than
February 1 of each year, the secretary of state shall submit a
report to the legislature regarding the reported violations of
Section 61.061 during the preceding calendar year.
(b) The report must include:
(1) the number of reports of violations received;
(2) the number of alleged violations referred to the
attorney general;
(3) a description of the corrective actions taken
under Section 61.063(b)(2);
(4) the geographic locations of and populations
affected by the alleged violations; and
(5) any other information considered appropriate by
the secretary of state.
(c) The secretary of state may withhold specific
information from a report under this section if the secretary
determines that the disclosure of that information would unduly
interfere with an ongoing investigation.
SECTION 7. Section 62.011(d), Election Code, is amended to
read as follows:
(d) The poster must also include the following information:
(1) the date of the election and the hours during which
the polling place is open;
(2) general information on voting rights under state
and federal laws, including information on the right of an
individual to cast a provisional ballot, the right to receive a
written and signed explanation if an individual is not accepted to
cast a regular ballot, and the individuals to contact if a person
believes these rights have been violated; and
(3) general information on state and federal laws that
prohibit acts of fraud or misrepresentation.
SECTION 8. Section 62.0115(b), Election Code, is amended to
read as follows:
(b) Except as revised by the secretary of state under
Subsection (d), the notice must state that a voter has the right to:
(1) vote a ballot and view written instructions on how
to cast a ballot;
(2) vote in secret and free from intimidation;
(3) receive up to two additional ballots if the voter
mismarks, damages, or otherwise spoils a ballot;
(4) request instructions on how to cast a ballot, but
not to receive suggestions on how to vote;
(5) bring an interpreter to translate the ballot and
any instructions from election officials;
(6) receive assistance in casting the ballot if the
voter:
(A) has a physical disability that renders the
voter unable to write or see; or
(B) cannot read the language in which the ballot
is written;
(7) cast a ballot on executing an affidavit as
provided by law, if the voter's eligibility to vote is questioned;
(8) report an existing or potential abuse of voting
rights to the secretary of state or the local election official;
(9) except as provided by Section 85.066(b), Election
Code, vote at any early voting location in the county in which the
voter resides in an election held at county expense, a primary
election, or a special election ordered by the governor; [and]
(10) file an administrative complaint with the
secretary of state concerning a violation of federal or state
voting procedures; and
(11) receive a written and signed explanation if the
voter is not accepted to cast a regular ballot.
SECTION 9. Section 63.001, Election Code, is amended by
amending Subsections (b), (c), (d), (g), and (h) and adding
Subsection (i) to read as follows:
(b) On [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
[described by] Section 63.0101(a);
(2) two different forms of identification listed in
Section 63.0101(b); or
(3) the voter's voter registration certificate,
accompanied by the affidavit described by Subsection (h) [63.0101].
(c) On presentation of the documentation required by
[under] Subsection (b), an election officer shall determine whether
the voter's name on the registration certificate [documentation] is
on the list of registered voters for the precinct. [If in making a
determination under this subsection the election officer
determines under standards adopted by the secretary of state that
the voter's name on the documentation is substantially similar to
but does not match exactly with the name on the list, the voter
shall be accepted for voting under Subsection (d) if the voter
submits an affidavit stating that the voter is the person on the
list of registered voters.]
(d) If[, as determined under Subsection (c),] the voter's
name is on the precinct list of registered voters and the voter
presents the required [voter's identity can be verified from the]
documentation [presented] under Subsection (b), the voter shall be
accepted for voting.
(g) If the requirements for identification prescribed by
Subsection (b) are not met, the voter may be accepted for
provisional voting only under Section 63.011. An election officer
shall inform [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 if all procedures are
followed and the voter is found to be eligible to vote and is voting
in the correct precinct, the voter's provisional ballot will be
accepted].
(h) If the requirement [The requirements] for
identification prescribed by Subsection (b)(1) or (2) is not met,
an election officer shall notify the voter that the voter may be
accepted for voting if the voter executes an affidavit under
penalty of perjury stating that the voter is the person named on
[(b) do not apply to a voter who is disabled and presents] the
[voter's] voter registration certificate. The affidavit must
include the voter's name, address, year of birth, and signature
[containing the indication described by Section 15.001(c) on
offering to vote].
(i) An election officer who determines not to accept a voter
shall provide the voter with a statement signed by the election
officer listing all reasons why that voter was not accepted and the
circumstances under which a voter may vote a provisional ballot.
The statement shall be on a form prescribed by the secretary of
state. The form shall include a list of common reasons for not
accepting a voter and a space or box next to each reason to indicate
whether the reason applies to the voter, and a space or box to
indicate whether the voter was offered the opportunity to cast a
provisional ballot. The secretary of state, to the extent
practicable, shall prescribe the use of existing forms to provide
the statement required by this subsection to minimize the number of
forms needed at a polling place.
SECTION 10. Section 63.006(a), Election Code, is amended to
read as follows:
(a) A voter who, when offering to vote, presents the
documentation required under Section 63.001(b)(1) or (2)
[63.001(b)] but whose name is not on the precinct list of registered
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 if the name listed on the documentation matches the name listed
on the voter registration certificate; or
(2) in a different precinct in the same county as the
precinct in which the voter is offering to vote and the voter
executes an affidavit stating that the voter:
(A) 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;
(B) 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;
(C) did not deliberately provide false
information to secure registration in a precinct in which the voter
does not reside; and
(D) is voting only once in the election.
SECTION 11. Section 63.0101, Election Code, is amended to
read as follows:
Sec. 63.0101. DOCUMENTATION OF PROOF OF
IDENTIFICATION. (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 person
by the Department of Public Safety that has not expired or that
expired no earlier than two years [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];
(3) a United States citizenship or naturalization
certificate issued to the person that contains the person's
photograph;
(4) a United States passport issued to the 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; or
(6) a valid identification card that contains the
person's photograph and is issued by:
(A) an agency or institution of the federal
government; or
(B) an agency, institution, or political
subdivision of this state.
(b) The following documentation is acceptable as proof of
identification under this chapter:
(1) the person's voter registration certificate;
(2) a copy of a current utility bill, bank statement,
government check, paycheck, or other government document that shows
the name and address of the person;
(3) official mail addressed to the person by name from
a governmental entity;
(4) a certified copy of a birth certificate or other
document confirming birth that is admissible in a court of law and
establishes the person's identity;
(5) United States citizenship papers issued to the
person;
(6) an original or certified copy of the person's
marriage license or divorce decree;
(7) court records of the person's adoption, name
change, or sex change;
(8) an identification card issued to the person by a
governmental entity of this state or the United States for the
purpose of obtaining public benefits, including veterans benefits,
Medicaid, or Medicare;
(9) a temporary driving permit issued to the person by
the Department of Public Safety;
(10) a pilot's license issued to the person by the
Federal Aviation Administration or another authorized agency of the
United States;
(11) a library card that contains the person's name
issued to the person by a public library located in this state;
(12) a hunting or fishing license issued to the person
by the Parks and Wildlife Department; or
(13) an identification card issued to the person by a
public or private institution of higher education located in this
state [that has not expired or that expired no earlier than 60 days
before the date of presentation].
SECTION 12. Section 64.012, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) The early voting ballot board may examine the signature
and other information provided with an affidavit executed under
Section 63.001(h) to determine if there is a reason to suspect voter
impersonation for the purpose of prosecuting an offense under this
section. The early voting ballot board may notify the appropriate
county or district attorney of a determination of suspicion under
this subsection.
SECTION 13. Section 65.051(a), Election Code, is amended to
read as follows:
(a) The early voting ballot board shall verify and count
provisional ballots as provided by this subchapter not later than
the 10th [seventh] day after the date of an election.
SECTION 14. Section 65.054, Election Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsection (b-1), a [A]
provisional ballot may [shall] be accepted if the board determines
that,[:
[(1)] from the information in the affidavit or
contained in public records, the person is eligible to vote in the
election and has not previously voted in that election[;
[(2) the person:
[(A) meets the identification requirements of
Section 63.001(b) at the time the ballot was cast or in the period
prescribed under Section 65.0541;
[(B) notwithstanding Chapter 110, Civil Practice
and Remedies Code, executes an affidavit under penalty of perjury
that states the voter has a religious objection to being
photographed and the voter has consistently refused to be
photographed for any governmental purpose from the time the voter
has held this belief; or
[(C) executes an affidavit under penalty of
perjury that states the voter does not have any identification
meeting the requirements of Section 63.001(b) as a result of a
natural disaster that was declared by the president of the United
States or the governor, occurred not earlier than 45 days before the
date the ballot was cast, and caused the destruction of or inability
to access the voter's identification; and
[(3) the voter has not been challenged and voted a
provisional ballot solely because the voter did not meet the
requirements for identification prescribed by Section 63.001(b)].
(b-1) A provisional ballot cast under Section 85.0312 shall
be accepted if the voter registrar determines the applicant is
eligible for registration under Section 85.0312(d).
SECTION 15. Section 67.003, Election Code, is amended to
read as follows:
Sec. 67.003. TIME FOR LOCAL CANVASS. (a) Except as
provided by Subsection (b), each local canvassing authority shall
convene to conduct the local canvass at the time set by the
canvassing authority's presiding officer not earlier than the 11th
[eighth] day or later than the 14th [11th] day after election day.
(b) For an election held on the uniform election date in
May, the local canvass must occur not later than the 14th [11th]
day after election day and not earlier than the later of:
(1) the third day after election day;
(2) the date on which the early voting ballot board has
verified and counted all provisional ballots, if a provisional
ballot has been cast in the election; or
(3) the date on which all timely received ballots cast
from addresses outside of the United States are counted, if a ballot
to be voted by mail in the election was provided to a person outside
of the United States.
SECTION 16. Subchapter B, Chapter 85, Election Code, is
amended by adding Section 85.0312 to read as follows:
Sec. 85.0312. REGISTRATION AT POLLING PLACE DURING EARLY
VOTING. (a) A person who would be eligible to vote in an election
under Section 11.001, but for the requirement to be a registered
voter, shall be accepted during early voting by personal appearance
for voting the ballot for the precinct of the person's residence as
shown by the identification presented if, on the day the person
offers to vote, the person:
(1) submits a voter registration application that
complies with Section 13.002 to an election officer at the polling
place; and
(2) presents as proof of residence a photo
identification under Section 63.0101(a) that states the person's
current address on the day the person seeks to vote.
(b) The election officer shall return the original proof of
residence to the voter.
(c) A person voting under this section shall vote a
provisional ballot in the manner provided by Section 63.011 except
that the person is not required to submit the affidavit under
Section 63.011(a).
(d) For each registration corresponding to a ballot cast
under this section, the voter registrar shall review the
application and determine whether the applicant is eligible for
registration as provided by Subchapter C, Chapter 13. The
registrar shall inform the early voting ballot board of a
determination made under this subsection. A registration approved
under this subsection takes effect on the date the vote was cast.
(e) The secretary of state may by rule prescribe procedures
to implement this section.
(f) An authority holding an election that does not include a
statewide or federal election is not required to comply with this
section.
SECTION 17. Subchapter A, Chapter 273, Election Code, is
amended by adding Section 273.005 to read as follows:
Sec. 273.005. POST-ELECTION INTEGRITY AUDIT. (a)
Following the general election for state and county officers, the
county clerk of each county shall conduct a post-election integrity
audit to examine and investigate any evidence of voter fraud or
voter suppression.
(b) The county clerk shall:
(1) not later than the 90th day after the date of the
general election for state and county officers, file a report with
the secretary of state and the commissioners court of the county
providing details of the evidence collected in the audit; and
(2) refer any evidence of voter fraud or voter
suppression collected under the audit to the district attorney or
criminal district attorney with jurisdiction in the county.
SECTION 18. 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 [The] fee for
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 voting, 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 19. This Act takes effect September 1, 2013.