Bill Text: TX SB45 | 2021 | 87th Legislature 1st Special Session | Introduced

Texas Senate Bill 45 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2021-07-09 - Filed [SB45 Detail]

Download: Texas-2021-SB45-Introduced.html

	87S10040 BRG-D

	By: Menéndez, et al.	S.B. No. 45



	A BILL TO BE ENTITLED
	AN ACT
	relating to requiring a voter to present proof of identification.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 13.002(i), Election Code, as effective
	September 1, 2021, is amended to read as follows:
	(i) An applicant who wishes to receive an exemption from the
	requirements of Section 63.001(b) on the basis of disability must
	submit:
	(1) written documentation:
	(A) from the United States Social Security
	Administration evidencing the applicant has been determined to have
	a disability; or
	(B) from the United States Department of Veterans
	Affairs evidencing the applicant has a disability rating of at
	least 50 percent; and
	(2) a statement in a form prescribed by the secretary
	of state that the applicant does not have [~~a form of~~] identification
	required by Section 63.001(b) in a form described by [~~acceptable~~
	~~under~~] Section 63.0101.
	SECTION 2. Sections 63.001(b) and (i), Election Code, are
	amended to read as follows:
	(b) Except as provided by Subsection (h), on offering to
	vote, a voter must present to an election officer at the polling
	place:
	(1) one form of photo identification listed in Section
	63.0101(a); [or]
	(2) one form of identification listed in Section
	63.0101(b)(1), (2), or (3) accompanied by the declaration described
	by Subsection (i);
	(3) two forms of identification listed under Section
	63.0101(b), including one form that contains the voter's current
	address; or
	(4) two forms of identification listed under Section
	63.0101(b)(4) accompanied by the declaration described by
	Subsection (i).
	(i) If the requirement for identification prescribed by
	Subsection (b)(1) or (3) is not met, an election officer shall
	notify the voter that the voter may be accepted for voting if the
	voter meets the requirement for identification prescribed by
	Subsection (b)(2) or (4) and executes a declaration declaring the
	voter has a reasonable impediment to meeting the requirement for
	identification prescribed by Subsection (b)(1) or (3). A person is
	subject to prosecution for perjury under Chapter 37, Penal Code, or
	Section 63.0013 for a false statement or false information on the
	declaration. The secretary of state shall prescribe the form of the
	declaration. The form shall include:
	(1) a notice that a person is subject to prosecution
	for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
	false statement or false information on the declaration;
	(2) a statement that the voter swears or affirms that
	the information contained in the declaration is true, that the
	person described in the declaration is the same person appearing at
	the polling place to sign the declaration, and that the voter faces
	a reasonable impediment to procuring the identification prescribed
	by Subsection (b)(1) or (3);
	(3) a place for the voter to indicate one of the
	following impediments:
	(A) lack of transportation;
	(B) lack of birth certificate or other documents
	needed to obtain the identification prescribed by Subsection
	(b)(1);
	(C) work schedule;
	(D) lost or stolen identification;
	(E) disability or illness;
	(F) family responsibilities; and
	(G) the identification prescribed by Subsection
	(b)(1) or (3) has been applied for but not received;
	(4) a place for the voter to sign and date the
	declaration;
	(5) a place for the election judge to sign and date the
	declaration;
	(6) a place to note the polling place at which the
	declaration is signed; and
	(7) a place for the election judge to note which form
	of identification prescribed by Subsection (b)(2) or (4) the voter
	presented.
	SECTION 3. Sections 63.0101(a) and (b), Election Code, are
	amended to read as follows:
	(a) The following documentation is an acceptable form of
	photo identification under this chapter:
	(1) a driver's license, election identification
	certificate, or personal identification card issued to the voter
	[~~person~~] by the Department of Public Safety that has not expired or
	that expired no earlier than four years before the date of
	presentation;
	(2) a United States military identification card that
	contains the voter's [~~person's~~] photograph that has not expired or
	that expired no earlier than four years before the date of
	presentation;
	(3) a United States citizenship certificate issued to
	the voter [~~person~~] that contains the voter's [~~person's~~] photograph;
	(4) a United States passport book or card issued to the
	voter [~~person~~] that has not expired or that expired no earlier than
	four years before the date of presentation; [or]
	(5) a license to carry a handgun issued to the voter
	[~~person~~] by the Department of Public Safety that has not expired or
	that expired no earlier than four years before the date of
	presentation;
	(6) an official Native American tribal document that:
	(A) contains the voter's photograph and address;
	and
	(B) is issued by a tribe that is federally
	recognized and located in this state; or
	(7) any other official government document issued to
	the voter and containing the voter's name, address, and photograph.
	(b) The following documentation is acceptable as proof of
	identification under this chapter:
	(1) a government document that shows the name and
	address of the voter, including the voter's voter registration
	certificate;
	(2) one of the following documents that shows the name
	and address of the voter:
	(A) a copy of a current utility bill;
	(B) a bank or credit union statement;
	(C) a government check; or
	(D) a paycheck or pension plan statement; [or]
	(3) a certified copy of a domestic birth certificate
	or other document confirming birth that is admissible in a court of
	law and establishes the voter's [~~person's~~] identity; or
	(4) two of the following documents issued or delivered
	to the voter, one of which must contain the name and address of the
	voter:
	(A) a Medicare, Medicaid, or Department of
	Veterans Affairs identification card or other health insurance
	identification card;
	(B) a Department of Defense identification card;
	(C) a social security identification card;
	(D) a label on a prescription drug container;
	(E) an identity bracelet issued by a hospital or
	long-term care facility;
	(F) a credit or debit card;
	(G) an identification card issued by an employer;
	(H) a student identification card issued by a
	public or private high school or institution of higher education;
	(I) a library card;
	(J) a Texas Department of Criminal Justice
	document indicating release or parole;
	(K) a fishing or hunting license;
	(L) a lease or mortgage for real property;
	(M) a motor vehicle title;
	(N) an insurance certificate, policy
	declaration, or other document demonstrating proof of insurance;
	(O) a letter from a public or private school or
	institution of higher education;
	(P) a personal check;
	(Q) an official Native American tribal document
	that is issued by a tribe that is federally recognized and located
	in this state;
	(R) a blood donor card;
	(S) a public transportation card;
	(T) a property tax assessment;
	(U) a form prescribed by the Internal Revenue
	Service;
	(V) a letter from a public conservator,
	court-appointed guardian, or trustee;
	(W) a letter of confirmation of residence, letter
	of stay, admission form, or statement of benefits from:
	(i) a student residence;
	(ii) a nursing home or other long-term care
	facility or a retirement center;
	(iii) a shelter; or
	(iv) a soup kitchen;
	(X) a document listed in Subdivision (1), (2), or
	(3); or
	(Y) another government document containing the
	voter's name.
	SECTION 4. Section 63.011(b), Election Code, is amended to
	read as follows:
	(b) A form for an affidavit required by this section must be
	printed on an envelope in which the provisional ballot voted by the
	person may be placed and must include:
	(1) a space for entering the identification number of
	the provisional ballot voted by the person; and
	(2) a space for an election officer to indicate
	whether the person presented [~~a form of~~] identification required by
	Section 63.001(b) in a form described by Section 63.0101.
	SECTION 5. Section 65.0541(a), Election Code, is amended to
	read as follows:
	(a) A voter who is accepted for provisional voting under
	Section 63.011 because the voter does not meet the identification
	requirements of Section 63.001(b) may, not later than the sixth day
	after the date of the election:
	(1) present [~~a form of~~] identification required by
	Section 63.001(b) in a form described by Section 63.0101 to the
	voter registrar for examination; or
	(2) execute an affidavit described by Section
	65.054(b)(2)(B) or (C) in the presence of the voter registrar.
	SECTION 6. Section 86.006(a-1), Election Code, is amended
	to read as follows:
	(a-1) The voter may deliver a marked ballot in person to the
	early voting clerk's office only while the polls are open on
	election day. A voter who delivers a marked ballot in person must
	present identification required by Section 63.001(b) in a [an
	~~acceptable~~] form [~~of identification~~] described by Section 63.0101.
	SECTION 7. This Act takes effect on the 91st day after the
	last day of the legislative session.