Bill Text: TX SB5 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to requiring a voter to present proof of identification; providing a criminal penalty and increasing a criminal penalty.
Spectrum: Partisan Bill (Republican 61-0)
Status: (Passed) 2017-06-01 - Effective on 1/1/18 [SB5 Detail]
Download: Texas-2017-SB5-Enrolled.html
S.B. No. 5 |
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relating to requiring a voter to present proof of identification; | ||
providing a criminal penalty and increasing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 31, Election Code, is | ||
amended by adding Section 31.013 to read as follows: | ||
Sec. 31.013. MOBILE LOCATIONS FOR OBTAINING | ||
IDENTIFICATION. (a) The secretary of state shall establish a | ||
program using mobile units to provide election identification | ||
certificates to voters for the purpose of satisfying the | ||
requirements of Section 63.001(b). A mobile unit may be used at | ||
special events or at the request of a constituent group. | ||
(b) In establishing the program, the secretary of state | ||
shall consult with the Department of Public Safety on the creation | ||
of the program, security relating to the issuance of an election | ||
identification certificate, best practices in issuing an election | ||
identification certificate, and equipment required to issue an | ||
election identification certificate. | ||
(c) The secretary of state may not charge a fee to a group | ||
that requests a mobile unit established under this section. | ||
(d) If the secretary of state cannot ensure the required | ||
security or other necessary elements of the program, the secretary | ||
of state may deny a request for a mobile unit established under this | ||
section. | ||
(e) The secretary of state shall adopt rules necessary for | ||
the implementation of this section. | ||
SECTION 2. Section 63.001, Election Code, is amended by | ||
amending Subsections (b), (d), and (e) and adding Subsections (c-1) | ||
and (i) 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 | ||
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(2) one form of identification listed in Section | ||
63.0101(b) accompanied by the declaration described by Subsection | ||
(i) [ |
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(c-1) An election officer may not refuse to accept | ||
documentation presented to meet the requirements of Subsection (b) | ||
solely because the address on the documentation does not match the | ||
address 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's | ||
identity can be verified from the documentation presented under | ||
Subsection (b), the voter shall be accepted for voting. An election | ||
officer may not question the reasonableness of an impediment sworn | ||
to by a voter in a declaration described by Subsection (i). | ||
(e) On accepting a voter, an election officer shall indicate | ||
beside the voter's name on the list of registered voters that the | ||
voter is accepted for voting. If the voter executes a declaration | ||
of reasonable impediment to meet the requirement for identification | ||
under Subsection (b), the election officer must affix the voter's | ||
voter registration number to the declaration either in numeric or | ||
bar code form. | ||
(i) If the requirement for identification prescribed by | ||
Subsection (b)(1) 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) | ||
and executes a declaration declaring the voter has a reasonable | ||
impediment to meeting the requirement for identification | ||
prescribed by Subsection (b)(1). 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); | ||
(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) 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) the voter | ||
presented. | ||
SECTION 3. Chapter 63, Election Code, is amended by adding | ||
Section 63.0013 to read as follows: | ||
Sec. 63.0013. FALSE STATEMENT ON DECLARATION OF REASONABLE | ||
IMPEDIMENT. (a) A person commits an offense if the person | ||
intentionally makes a false statement or provides false information | ||
on a declaration executed under Section 63.001(i). | ||
(b) An offense under this section is a state jail felony. | ||
SECTION 4. Section 63.004(a), Election Code, is amended to | ||
read as follows: | ||
(a) The secretary of state may prescribe forms that combine | ||
the poll list, the signature roster, or any other form used in | ||
connection with the acceptance of voters at polling places with | ||
each other or with the list of registered voters. The secretary | ||
shall prescribe any special instructions necessary for using the | ||
combination forms. The combination forms must include space for an | ||
election officer to indicate whether a voter executed a declaration | ||
of reasonable impediment under Section 63.001(i). | ||
SECTION 5. 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 four years [ |
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presentation; | ||
(2) a United States military identification card that | ||
contains the person's photograph that has not expired or that | ||
expired no earlier than four years [ |
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presentation; | ||
(3) a United States citizenship certificate issued to | ||
the person that contains the person's photograph; | ||
(4) a United States passport book or card issued to the | ||
person that has not expired or that expired no earlier than four | ||
years [ |
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(5) a license to carry a handgun issued to the person | ||
by the Department of Public Safety that has not expired or that | ||
expired no earlier than four years [ |
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presentation. | ||
(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 statement; | ||
(C) a government check; or | ||
(D) a paycheck; 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 person's identity. | ||
(c) A person 70 years of age or older may use a form of | ||
identification listed in Subsection (a) that has expired for the | ||
purposes of voting if the identification is otherwise valid. | ||
SECTION 6. Section 63.012(b), Election Code, is amended to | ||
read as follows: | ||
(b) An offense under this section is a Class A [ |
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misdemeanor. | ||
SECTION 7. Section 272.011(b), Election Code, is amended to | ||
read as follows: | ||
(b) The secretary of state shall prepare the translation for | ||
election materials required to be provided in a language other than | ||
English or Spanish for the following state prescribed voter forms: | ||
(1) voter registration application form required by | ||
Section 13.002; | ||
(2) the confirmation form required by Section 15.051; | ||
(3) the voting instruction poster required by Section | ||
62.011; | ||
(4) the reasonable impediment declaration required by | ||
Section 63.001(b); | ||
(5) the statement of residence form required by | ||
Section 63.0011; | ||
(6) [ |
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by Section 63.011; | ||
(7) [ |
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required by Section 84.011; | ||
(8) [ |
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instructions required by Section 86.013; and | ||
(9) [ |
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state identifies as frequently used and for which state resources | ||
are otherwise available. | ||
SECTION 8. Section 521A.001(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department shall issue an election identification | ||
certificate to a person who states that the person is obtaining the | ||
certificate for the purpose of satisfying Section 63.001(b), | ||
Election Code, and does not have another form of identification | ||
described by Section 63.0101(a) [ |
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(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 9. This Act takes effect January 1, 2018. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 5 passed the Senate on | ||
March 28, 2017, by the following vote: Yeas 21, Nays 10; | ||
May 25, 2017, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 26, 2017, House | ||
granted request of the Senate; May 27, 2017, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 21, | ||
Nays 10. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 5 passed the House, with | ||
amendments, on May 24, 2017, by the following vote: Yeas 93, | ||
Nays 55, two present not voting; May 26, 2017, House granted | ||
request of the Senate for appointment of Conference Committee; | ||
May 28, 2017, House adopted Conference Committee Report by the | ||
following vote: Yeas 92, Nays 56, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |