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A BILL TO BE ENTITLED
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AN ACT
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relating to the verification of citizenship of an applicant for |
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voter registration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.002(a), Election Code, is amended to |
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read as follows: |
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(a) A person desiring to register to vote must submit an |
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application to the registrar of the county in which the person |
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resides. Except as provided by Subsection (e), an application must |
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be submitted by personal delivery, by mail, or by telephonic |
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facsimile machine in accordance with Section 13.143(d-2) [Sections |
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13.143(d) and (d-2)]. |
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SECTION 2. Section 13.046(f), Election Code, is amended to |
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read as follows: |
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(f) Except as provided by this subsection, Sections |
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13.039[, 13.041,] and 13.042 apply to the submission and delivery |
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of registration applications under this section, and for that |
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purpose, "volunteer deputy registrar" in those sections includes a |
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high school deputy registrar. A high school deputy registrar may |
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review an application for completeness out of the applicant's |
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presence. A deputy may deliver a group of applications to the |
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registrar by mail in an envelope or package, and, for the purpose of |
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determining compliance with the delivery deadline, an application |
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delivered by mail is considered to be delivered at the time of its |
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receipt by the registrar. |
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SECTION 3. Section 13.071, Election Code, is amended to |
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read as follows: |
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Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar |
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shall review each submitted application for registration to |
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determine whether it complies with Section 13.002 and indicates |
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that the applicant is a United States citizen eligible for |
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registration. |
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(b) If the application is submitted to the Department of |
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Public Safety in person with the proof of citizenship required by |
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Section 20.063(e), the [The] registrar shall make the determination |
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not later than the seventh day after the date the application is |
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submitted to the registrar. |
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(c) If the application is submitted in a manner other than |
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the manner described by Subsection (b), the registrar shall forward |
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the information relating to the applicant to the secretary of state |
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for determining citizenship as provided by Section 13.0721. |
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SECTION 4. Subchapter C, Chapter 13, Election Code, is |
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amended by adding Section 13.0721 to read as follows: |
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Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This |
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section does not apply to an application for registration submitted |
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to the Department of Public Safety in person with the proof of |
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citizenship required by Section 20.063(e). |
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(b) The secretary of state shall verify with the Department |
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of Public Safety the citizenship status of each person whose |
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information is forwarded to the secretary of state as provided by |
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Section 13.071(c) or 15.021(f). The secretary of state shall |
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notify the registrar whether the department verifies the person's |
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citizenship status, does not have information regarding the |
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citizenship status of the person, or has information indicating |
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that the person is not a citizen. |
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(c) If the Department of Public Safety does not have |
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information regarding the citizenship status of the person or has |
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information indicating that the person is not a citizen, the |
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registrar shall notify the person as provided by secretary of state |
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rule. |
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(d) A person who receives notice under Subsection (c) must |
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provide proof of citizenship to the registrar not later than the |
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60th day after the date of receipt. Except as provided by |
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Subsection (e), this proof must be presented in person. The |
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following is acceptable as proof of citizenship under this section: |
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(1) an unexpired passport issued to the person; |
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(2) a certified copy of a birth certificate or other |
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document confirming the person's birth that is admissible in a |
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court of law and establishes the person's identity, presented with |
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a government-issued identification that contains the person's |
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photograph; or |
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(3) United States citizenship papers issued to the |
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person, presented with a government-issued identification that |
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contains the person's photograph. |
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(e) A person may mail a certified copy of a document |
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described by Subsection (d)(2) or (3) with a copy of the person's |
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government-issued photo identification to the registrar. |
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(f) If a person does not provide proof of citizenship as |
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required, the registrar shall notify the secretary of state and: |
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(1) reject the person's voter registration |
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application; or |
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(2) cancel the person's registration under Section |
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16.031(c). |
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(g) The secretary of state shall keep a list of people of |
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whom the secretary receives notice under Subsection (f). |
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(h) The secretary of state shall adopt rules and prescribe |
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procedures to implement this section. |
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SECTION 5. Section 13.143(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection [Subsections] (b) [and |
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(e)], if an applicant's registration application is approved, the |
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registration becomes effective on the 30th day after the date the |
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application is approved [submitted to the registrar] or on the date |
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the applicant becomes 18 years of age, whichever is later. |
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SECTION 6. Section 15.021, Election Code, is amended by |
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adding Subsections (f) and (g) to read as follows: |
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(f) For a voter who continues to reside in the county in |
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which the voter is registered, the registrar shall forward the |
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notice and any information relating to the applicant in the |
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registrar's possession to the secretary of state for citizenship |
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determination as provided by Section 13.0721. |
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(g) If the registrar is notified under Section 13.0721 that |
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a voter's citizenship status has been verified, the registrar shall |
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approve the change in registration information. |
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SECTION 7. Section 15.022(a), Election Code, is amended to |
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read as follows: |
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(a) The registrar shall make the appropriate corrections in |
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the registration records, including, if necessary, deleting a |
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voter's name from the suspense list: |
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(1) after approval [receipt of a notice] of a change in |
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registration information under Section 15.021; |
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(2) after receipt of a voter's reply to a notice of |
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investigation given under Section 16.033; |
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(3) after receipt of any affidavits executed under |
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Section 63.006, following an election; |
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(4) after receipt of a voter's statement of residence |
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executed under Section 63.0011; |
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(5) before the effective date of the abolishment of a |
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county election precinct or a change in its boundary; |
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(6) after receipt of United States Postal Service |
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information indicating an address reclassification; |
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(7) after receipt of a voter's response under Section |
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15.053; or |
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(8) after receipt of a registration application or |
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change of address under Chapter 20. |
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SECTION 8. Section 15.025(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection [Subsections] (b) [and |
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(d)], the registration of a voter described by this subsection |
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whose information is changed on the registration records becomes |
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effective as to the change on the 30th day after: |
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(1) the date a [the voter submits to the registrar a |
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notice of a] change in registration information under Section |
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15.021 is approved or a response under Section 15.053, indicating |
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the change is received; or |
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(2) the date the voter submits a statement of |
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residence to an election officer under Section 63.0011 or a |
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registration application or change of address to an agency employee |
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under Chapter 20, indicating the change. |
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SECTION 9. Section 16.031, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The registrar shall cancel a voter's registration if the |
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voter submitted a notice of change in registration information |
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under Section 15.021 and did not provide proof of citizenship when |
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required under Section 13.0721. |
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SECTION 10. Section 20.063, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A person who submits a voter registration application to |
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the department in person shall at the time of submission present as |
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proof of citizenship: |
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(1) an unexpired passport issued to the person; |
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(2) a certified copy of a birth certificate or other |
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document confirming the person's birth that is admissible in a |
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court of law and establishes the person's identity; or |
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(3) United States citizenship papers issued to the |
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person. |
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SECTION 11. The following provisions of the Election Code |
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are repealed: |
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(1) Section 13.041; |
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(2) Sections 13.143(d) and (e); and |
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(3) Sections 15.025(c) and (d). |
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SECTION 12. The changes in law made by this Act apply only |
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to an application to register to vote or a notice of change in |
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registration information submitted on or after the effective date |
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of this Act. |
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SECTION 13. This Act takes effect September 1, 2021. |