Bill Text: TX SB73 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to the procedures for voting after changing residence to another county.
Sponsorship: Partisan Bill (Democrat 12)
Status: (Introduced - Dead) 2021-08-10 - Filed [SB73 Detail]
Download: Texas-2021-SB73-Introduced.html
| 87S20100 MLH-F | ||
| By: West, et al. | S.B. No. 73 | |
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| relating to the procedures for voting after changing residence to | ||
| another county. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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 is a deputy | ||
| voter registrar and has the same authority as a regular deputy | ||
| registrar. | ||
| SECTION 2. Section 15.002(a), Election Code, is amended to | ||
| read as follows: | ||
| (a) A voter registration certificate may contain an | ||
| explanation of the voter's rights or duties under this code, | ||
| including: | ||
| (1) the procedure by which the voter will receive a | ||
| renewal certificate; | ||
| (2) the necessity of notifying the registrar if the | ||
| voter changes residence; | ||
| (3) the necessity of applying for a new registration | ||
| if the voter changes residence to another county; | ||
| (4) the procedure for voting [ |
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| another county; | ||
| (5) the procedure for voting without a certificate; | ||
| and | ||
| (6) the procedure for obtaining a replacement for a | ||
| lost or destroyed certificate. | ||
| SECTION 3. Section 16.031(a), Election Code, as effective | ||
| September 1, 2021, is amended to read as follows: | ||
| (a) The registrar shall cancel a voter's registration | ||
| immediately on receipt of: | ||
| (1) notice under Section 13.072(b), 15.021, or | ||
| 18.0681(d) or a response under Section 15.053 that the voter's | ||
| residence is outside the county; | ||
| (2) an abstract of the voter's death certificate under | ||
| Section 16.001(a) or an abstract of an application indicating that | ||
| the voter is deceased under Section 16.001(b); | ||
| (3) an abstract of a final judgment of the voter's | ||
| total mental incapacity, partial mental incapacity without the | ||
| right to vote, conviction of a felony, or disqualification under | ||
| Section 16.002, 16.003, or 16.004; | ||
| (4) notice under Section 63.007 [ |
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| voter has voted [ |
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| another county; | ||
| (5) notice from a voter registration official in | ||
| another state that the voter has registered to vote outside this | ||
| state; | ||
| (6) notice from the early voting clerk under Section | ||
| 101.053 that a federal postcard application submitted by an | ||
| applicant states a voting residence address located outside the | ||
| registrar's county; or | ||
| (7) notice from the secretary of state that the voter | ||
| has registered to vote in another county, as determined by the | ||
| voter's driver's license number or personal identification card | ||
| number issued by the Department of Public Safety or social security | ||
| number. | ||
| SECTION 4. Chapter 63, Election Code, is amended by adding | ||
| Section 63.007 to read as follows: | ||
| Sec. 63.007. PROVISIONAL VOTING FOR VOTER WHO CHANGED | ||
| COUNTY OF RESIDENCE. (a) After changing residence to another | ||
| county, a person shall be accepted for provisional voting under | ||
| this section if: | ||
| (1) the person would have been eligible to vote in the | ||
| county of former residence on election day if still residing in that | ||
| county; | ||
| (2) the person is registered to vote in the county of | ||
| former residence at the time the person: | ||
| (A) offers to vote in the county of new | ||
| residence; or | ||
| (B) submitted a voter registration application | ||
| in the county of new residence; | ||
| (3) a voter registration for the person in the county | ||
| of new residence is not effective on or before election day; and | ||
| (4) the person offers to vote in the person's new | ||
| county of residence: | ||
| (A) at any polling place during the early voting | ||
| period; | ||
| (B) at any polling place on election day if the | ||
| county participates in the program under Section 43.007; or | ||
| (C) at the polling place of the precinct in which | ||
| the person resides on election day if the county does not | ||
| participate in the program under Section 43.007. | ||
| (b) Not later than the 30th day after the election, the | ||
| voter registrar shall notify the voter registrar for the voter's | ||
| former county of residence that the voter was accepted for voting | ||
| under this section. | ||
| SECTION 5. Section 63.011, Election Code, is amended by | ||
| adding Subsection (a-2) and amending Subsections (b), (b-1), and | ||
| (c) to read as follows: | ||
| (a-2) A person to whom Section 63.007 applies may cast a | ||
| provisional ballot if the person would be eligible to vote in the | ||
| election, but for the requirement to be a registered voter, and | ||
| executes an affidavit stating: | ||
| "I am currently registered to vote in _________ (insert name | ||
| of county) County and have not cast a ballot in that county in this | ||
| election. I understand that doing so is a felony of the second | ||
| degree under Section 64.012, Election Code." | ||
| (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; [ |
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| (2) a space for an election officer to indicate | ||
| whether the person presented a form of identification described by | ||
| Section 63.0101; and | ||
| (3) for a provisional ballot voted by the person under | ||
| Section 63.007, a space for entering: | ||
| (A) the precinct number of the precinct in which | ||
| the voter voted; and | ||
| (B) the name of the county in which the voter is | ||
| registered to vote. | ||
| (b-1) The affidavit form shall [ |
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| disclosure of any necessary information to enable the person to | ||
| register to vote under Chapter 13. The secretary of state shall | ||
| prescribe the form of the affidavit under this section. | ||
| (c) After executing the affidavit, the person shall be given | ||
| a provisional ballot for the election. An election officer shall | ||
| record the number of the ballot and, if applicable, the precinct | ||
| number on the space provided on the affidavit. | ||
| SECTION 6. 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 [ |
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| provisional ballot 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 63.007 shall | ||
| be accepted if the board determines from the information in the | ||
| affidavit or contained in public records that the person: | ||
| (1) is registered to vote in the county of the person's | ||
| former residence; | ||
| (2) has not previously voted in the election; and | ||
| (3) is eligible to vote in the election, but for the | ||
| requirement to be a registered voter. | ||
| SECTION 7. Section 65.055, Election Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) If the affidavit on the envelope of a provisional | ||
| ballot accepted under Section 65.054(b-1) contains the information | ||
| necessary to enable the person to register to vote under Chapter 13, | ||
| the voter registrar shall make a copy of the affidavit under | ||
| procedures prescribed by the secretary of state. The voter | ||
| registrar shall treat the copy as an application for registration | ||
| under Chapter 13. | ||
| SECTION 8. Section 111.001, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 111.001. RESTRICTED BALLOT. In this subtitle, | ||
| "restricted ballot" means a ballot that is restricted to the | ||
| offices and propositions stating measures on which a person is | ||
| entitled to vote under Chapter [ |
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| SECTION 9. Section 111.009, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 111.009. EXCLUDING VOTER FROM PRECINCT EARLY VOTING | ||
| LIST. The name of a person [ |
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| ballot to be voted by mail is provided under Chapter [ |
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| not required to be included on the precinct early voting list. | ||
| SECTION 10. Section 162.002, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 162.002. ELIGIBILITY TO AFFILIATE. To be eligible to | ||
| affiliate with a political party, a person must be: | ||
| (1) a registered voter; or | ||
| (2) eligible to vote a provisional [ |
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| under Section 63.007 at the time of affiliating. | ||
| SECTION 11. Section 162.005, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 162.005. AFFILIATION PROCEDURE: EARLY VOTING BY MAIL. | ||
| Subject to Section 162.004(a-1), the early voting clerk in a | ||
| general primary election shall provide an affiliation certificate | ||
| with each early voting [ |
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| certificate is not required to be provided to an applicant for a | ||
| runoff primary ballot unless the applicant requests it. | ||
| SECTION 12. Section 174.003, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 174.003. DELEGATE TO BE QUALIFIED VOTER. In addition | ||
| to the requirement of party affiliation, to be eligible to serve as | ||
| a delegate to a county, senatorial district, or state convention | ||
| held under this chapter, a person must be a qualified voter of the | ||
| territory that the person is selected to represent or a resident of | ||
| that territory who is eligible to vote a provisional [ |
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| ballot under Section 63.007. | ||
| SECTION 13. Section 174.024, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 174.024. PARTICIPANT TO BE REGISTERED VOTER. In | ||
| addition to the requirement of party affiliation, to be eligible to | ||
| participate in a precinct convention held under this subchapter, a | ||
| person must be a registered voter of the precinct or a precinct | ||
| resident who is eligible to vote a provisional [ |
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| under Section 63.007. | ||
| SECTION 14. Section 181.065, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 181.065. PARTICIPANT TO BE REGISTERED VOTER. To be | ||
| eligible to participate in a precinct convention held under this | ||
| chapter, a person must be a registered voter of the precinct or a | ||
| precinct resident who is eligible to vote a provisional [ |
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| ballot under Section 63.007. | ||
| SECTION 15. Chapter 112, Election Code, is repealed. | ||
| SECTION 16. Not later than December 31, 2021, the secretary | ||
| of state shall adopt all necessary rules to implement this Act. | ||
| SECTION 17. (a) Except as provided by Subsection (b) of | ||
| this section, this Act takes effect January 31, 2022. | ||
| (b) Section 16 of this Act takes effect immediately if this | ||
| Act 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 Section 16 to | ||
| take effect immediately, that section takes effect on the 91st day | ||
| after the last day of the legislative session. | ||
