Bill Text: TX SB5 | 2017-2018 | 85th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
 
 
  By: Huffman, et al. S.B. No. 5
 
  (King of Parker)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring a voter to present proof of identification;
  providing 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 Subsection (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
  [described by] Section 63.0101(a); or
               (2)  one form of identification listed in Section
  63.0101(b) accompanied by the declaration described by Subsection
  (i) [63.0101].
         (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 felony of the third
  degree.
         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 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 two years [60 days] before the date of
  presentation;
               (3)  a United States citizenship 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 two years [60 days]
  before the date of presentation; or
               (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 two years [60 days] before the date of
  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 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) [(5)]  the provisional ballot affidavit required
  by Section 63.011;
               (7) [(6)]  the application for a ballot by mail
  required by Section 84.011;
               (8) [(7)]  the carrier envelope and voting
  instructions required by Section 86.013; and
               (9) [(8)]  any other voter forms that the secretary of
  state identifies as frequently used and for which state resources
  are otherwise available.
         SECTION 7.  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) [63.0101], 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 8.  This Act takes effect January 1, 2018.
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