BILL ANALYSIS
C.S.H.B. 127
By: Danburg
05-01-95
Committee Report (Substituted)
BACKGROUND
The U.S. Congress passed the National Voter Registration Act
(NVRA) in the Spring of 1993. In 1994, the Secretary of State
promulgated rules for the implementation of the NVRA in Texas. The
NVRA is a federal act which requires various state agencies to
follow procedures that would make it easier for citizens to
register to vote. The NVRA requires that government agencies
afford citizens a chance to register to vote each time they
contract the services of the State through the government agencies.
NVRA also provides for fail-safe voting which affords registered
voters more opportunity to vote in elections. Several states (i.e.
California, Illinois, Pennsylvania and South Carolina) do not
currently abide by this and they are in the process of being sued
or they have already lost their case in a court of law.
PURPOSE
As proposed, CSHB 127 merely codifies Secretary of State rules
as they are related to the implementation of the NVRA. The bill
also exempts high schools from performing several onerous duties,
exempts several voter registration agencies from performing
declination procedures, allows voter registrars to use optical scan
disks to store voter registration-related documentation, and allows
voter registrars to use Chapter 19 funds to help defray the cost of
the federally mandated NVRA.
RULEMAKING AUTHORITY
It is the Committee's opinion that rulemaking authority is
expressly granted to the office of Secretary of State under
SECTIONS 4 (Section 13.046 of the Election Code), 5 (Section 13.104
of the Election Code), 15 (Section 15.051 of the Election Code), 27
(Section 18.041 of the Election Code), 28 (Section 18.042 of the
Election Code), 29 (Section 18.043 of the Election Code), and 33
(Sections 20.009, 20.036, of the Election Code) of the bill.
SECTION 6 of the substitute (Section 13.122 Election Code)
authorizes the Secretary of State to prescribe additional voter
registration information to be included with the voter registration
application.
SECTION 32 of the substitute (Section 19.004 of the Election
Code) requires the Secretary of State to specify procedures in
regard to the implementation of the NVRA.
SECTION 33 of the substitute (Section 20.062 of the Election
Code) requires the Department of Public Safety to prescribe the
form and procedure for the Department's registration application
form.
SECTION 40 of the substitute (Section 86.002 of the Election
Code) provides additional information that the Secretary of State
has to prescribe for balloting materials.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 11.004, Election Code to allow a voter
to vote in the election precinct of former residence until the
voter's registration becomes effective in the new precinct.
Current law allows a voter to return to the precinct of former
residence up to one year after the voter moves within the county.
SECTION 2. Amends Sections 13.002 (c) and (d), Election Code, to
omit sex and court of naturalization as a required element and to
change the term "maiden name" to "former name."
SECTION 3. Amends Section 13.007, Election Code, by adding
Subsection (c) which states that offenses under this section are
perjury but may only be prosecuted under this section.
SECTION 4. Amends Sections 13.046 (d) and (f), Election Code, to
allow the Secretary of State to decide when throughout the calendar
year high schools must have two voter registration drives.
SECTION 5. Amends Subchapter D, Chapter 13, Election Code, by
adding Section 13.104 to allow registrars to keep registration
applications and supporting documentation on optical disk.
SECTION 6. Amends Section 13.122 (a), Election Code, to provide
for additional statements to be provided on the registration
application that include: the crime for providing false
information, an optional space for the voter's sex, and statements
of confidentiality.
SECTION 7. Amends Subchapter F, Chapter 13, Election Code, by
adding Section 13.146 which requires the voter registrar to (1)
send a confirmation notice if a certificate delivered by mail is
returned as undeliverable and (2) enter the applicant's name on the
suspense list if the applicant fails to send a response to the
registrar.
SECTION 8. Amends Section 14.001 (a), Election Code, to prohibit
the voter registrar from mailing a renewal certificate to a voter
whose name is on the suspense list.
SECTION 9. Amends Sections 14.021, 14.022, and 14.023, Election
Code, to require the registrar to enter the voter's name on the
suspense list after receiving a returned renewal certificate and to
then mail a confirmation notice to those voters on the suspense
list. The suspense list replaces the return list in current law.
SECTION 10. Amends Section 15.001 (a), Election Code, to remove
the voter's sex from the items that must be included on a voter's
registration certificate and to add a statement that will explain
the circumstances under which a voter will receive a new
certificate.
SECTION 11. Amends Section 15.002, Election Code, to allow the
voter registration certificate to include the voter's sex.
SECTION 12. Amends Section 15.022 (a), Election Code, to require
the voter registrar to take appropriate actions after receiving a
statement of residence, confirmation notice, change of address, or
registration application.
SECTION 13. Amends Section 15.023, Election Code, to require, if
the voter changes election precincts but stays in the same county,
the removal of the voter's name from the suspense list in the
precinct of former residence upon the effective date of the voter's
registration in the new precinct. This is current law, this
SECTION only changes terminology.
SECTION 14. Amends Section 15.025, Election Code, to include new
sources of information, such as the confirmation response form,
change of address, an agency-based registration, or a statement of
residence.
SECTION 15. Amends Chapter 15, Election Code, by redesignating
Subchapter C as F and adding C-E which:
C. Provides for the mailing of a confirmation notice to the
voter and requires the voter's name to be placed on the suspense
list if the voter does not respond within three days of the
mailing.
D. Provides for a suspense list to be maintained by the
registrar and makes the list available to any person upon request.
E. Requires the registrar to enter an "S" on the list of
registered voters next to the names of the voters that also appear
on the suspense list. The voter shall still be allowed to vote
with the "S" next to the voter's name if the voter satisfies the
residency requirements. This is current law and reflects the
change in terminology.
SECTION 16. Amends Section 16.031 (a), Election Code, to require
the registrar to cancel a voter's registration if the registrar
receives a confirmation that the voter's residence is outside the
county.
SECTION 17. Amends Section 16.032, Election Code, to require the
registrar to cancel a voter's registration if the name remains on
the suspense list on Nov. 30 after two general elections, the
voter's name was placed on the list.
SECTION 18. Amends Sections 16.033 (a), (b), (c), and (e),
Election Code, to not allow a registrar to investigate whether a
voter is eligible for registration solely based on residence.
SECTION 19. Amends Subchapter B, Chapter 16, Election Code, by
adding Section 16.0331 to allow a voter to cancel the registration,
which is a new procedure required by NVRA.
SECTION 20. Amends Section 16.036 (a), Election Code, to require
the registrar to deliver written notice to the voter, if the voter
has cancelled his or her registration.
SECTION 21. Amends Section 16.037 (b), Election Code, to require
the registrar to reinstate the voter if the voter has been purged
under Section 16.032 and if the registrar receives a statement of
residence from the voter. This is current law which reflects a
change in terminology.
SECTION 22. Amends Section 16.091, Election Code, to restrict
voters from challenging the registration of other voters based on
the grounds of residence.
SECTION 23. Amends Subchapter D, Chapter 16, Election Code, by
adding Section 16.0921 which requires the registrar to deliver a
confirmation notice to a voter whose residence is challenged and
requires the registrar to put that voter's name on the suspense
list if the voter does not return the confirmation.
SECTION 24. Amends Section 16.093 (a), Election Code, to exclude
residence from the grounds by which a hearing procedure on a
challenge can proceed.
SECTION 25. Amends Section 18.005 (a), Election Code, to include
the suspense list notation on the list of registered voters.
SECTION 26. Amends Section 18.008 (a), Election Code, to require
the registrar to furnish a list of the registered voters on the
suspense list to anyone who requests it.
SECTION 27. Amends Section 18.041, Election Code, to require the
registrar to prepare a statement with the number of registered
voters in each county each voting year. This is current law and
allows the Secretary of State to request additional information to
comply with federal reporting requirements.
SECTION 28. Amends Section 18.042, Election Code, to give the
Secretary of State the ability to prescribe the type of statement
the registrar will produce to comply with federal reporting
requirements.
SECTION 29. Amends Subchapter B, Chapter 18, Election Code, by
adding Section 18.043 which provides for the statement that federal
law requires that the registrars give to the Secretary of State
containing the voter registration information and gives the
Secretary of State the authority to prescribe any necessary rules.
SECTION 30. Amends Section 18.062 (c), Election Code, to remove
the voter's sex from the list of items that must be included in a
file.
SECTION 31. Amends Section 18.063 (a), Election Code, to clarify
the number of times a registrar submits lists of new registrations
from twice every other year to five times every year, which
codifies current reporting requirements.
SECTION 32. Amends Section 19.004, Election Code, to allow
registrars to use funds under this chapter in order defray expenses
related to the implementation of the National Voter Registration
Act.
SECTION 33. Amends Title 2, Election Code, by adding Chapter as
follows:
CHAPTER 20. VOTER REGISTRATION AGENCIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 20.001 DESIGNATION OF VOTER REGISTRATION AGENCIES.
(a) Designates certain state agencies as voter registration
agencies.
(b) Designates the Department of Public Safety as a voter
registration agency.
(c) Designates public libraries as voter registration agencies
and defines "public library." (d) Designates each marriage
license office of the county clerk as a voter registration agency.
(e) Requires the secretary of state to designate other
agencies as voter registration agencies to comply with federal
law.
Sec. 20.002 AGENCY-PRESCRIBED REGISTRATION APPLICATION FORM.
Authorizes voter registration agency to use an official form
prescribed by the agency, if approved by the secretary of state.
Sec. 20.003 OFFICIAL DECLINATION OF REGISTRATION FORM. Spells
out what must be included in a declination form, as required by
NVRA.
Sec. 20.004 AGENCY COORDINATOR. Requires voter registration
agencies to designate at least one person to coordinate the voter
registration program and designates what the duties of that person
are.
Sec. 20.005 DEGREE OF ASSISTANCE. Requires the voter
registration agency to provide the same degree of assistance in
registering a client to vote as they are currently providing in
agency services.
Sec. 20.006 DETERMINATION OF ELIGIBILITY. Prohibits the
employee of a voter registration agency to make a determination
about a person's eligibility for voter registration except if the
agency employee can determine whether the person is of voting age
or is a U.S. citizen. The employee can only make this
determination from the information filed by the client with the
agency.
Sec. 20.007 PROHIBITED ACTS. Delineates what an employee of
a voter registration agency is prohibited from doing as required by
NVRA.
Sec. 20.008 ASSISTANCE BY SECRETARY OF STATE OR REGISTRAR.
Requires the employee of the voter registration agency to give the
applicant the Secretary of State's toll free number and the number
of the county voter registrar if there are any questions that the
employee cannot answer.
Sec. 20.009 ADDITIONAL PROCEDURES. Requires the secretary of
state to prescribe any additional procedures necessary for the
administration of voter registration.
SUBCHAPTER B. REGISTRATION ASSISTANCE GENERALLY
Sec. 20.031 FORM PROVIDED. Requires the voter registration
agency to provide registration application to each eligible person
who applies for services at that voter registration agency.
Sec. 20.032 REGISTRATION PROCEDURES. Delineates the
procedures the registration agencies' employees must follow as
required by the NVRA.
Sec. 20.033 EFFECT OF SUBMISSION OF APPLICATION TO EMPLOYEE.
The date of submission of the application to the agency employee
determines the effective date of the registration.
Sec. 20.034 SUBMISSION TO REGISTRAR BY APPLICANT. Allows an
applicant to file an application directly with the voter registrar,
and provides that the agency employee must state that fact on the
declination.
Sec. 20.035 DELIVERY OF APPLICATION TO REGISTRAR. Requires
the voter registration agency to deliver registration applications
to the registrar at least every five days.
Sec. 20.036 DECLINATION OF REGISTRATION. Delineates the
procedures to be taken if the voter refuses to fill out a voter
registration application. Eliminates the necessity of duplicate
declinations.
Sec. 20.037 TELEPHONE OR MAIL SERVICES. Requires a voter
registration agency that provides services by mail or telephone to
also provide the voters an opportunity to register to vote.
SUBCHAPTER C. DEPARTMENT OF PUBLIC SAFETY
Sec. 20.061 APPLICABILITY OF OTHER PROVISIONS. States that
the other provisions of this chapter apply to the Department of
Public Safety except the provisions that conflict with this
subchapter.
Sec. 20.062 DEPARTMENT FORMS AND PROCEDURE. Prescribes the
form and procedure the Department of Public Safety must use.
Sec. 20.063 REGISTRATION PROCEDURES. Delineates the
procedures the Department of Public Safety must follow in
registering voters. This is current law, except that the procedure
is now included in renewals and changes of address through the
mail.
Sec. 20.064 DECLINATION FORM NOT REQUIRED. Exempts the
Department of Public Safety from completing declination forms.
Sec. 20.065 DELIVERY OF APPLICATIONS AND CHANGES OF ADDRESS.
Requires the Department of Public Safety to deliver voter
registration applications daily to the voter registrar. This is
current law.
SUBCHAPTER D. PUBLIC LIBRARY
Sec. 20.091 APPLICABILITY OF OTHER PROVISIONS. States that
the other provisions of this chapter apply to public libraries
except the provisions that conflict with this subchapter.
Sec. 20.092 REGISTRATION PROCEDURES. Prescribes the
procedures public libraries must follow in registering voters.
Sec. 20.093 DECLINATION FORM NOT REQUIRED. Exempts public
libraries from completing declination forms.
SUBCHAPTER E. MARRIAGE LICENSE OFFICE
Sec. 20.121 APPLICABILITY OF OTHER PROVISIONS. States that
the other provisions of this chapter do not apply to the marriage
license office of the county clerk.
Sec. 20.122 REGISTRATION PROCEDURES. Prescribes the
procedures the marriage license office must follow in registering
voters.
Sec. 20.123 DECLINATION FORM NOT REQUIRED. Exempts the
marriage license office from completing declination forms.
SECTION 34. Amends Section 31.002 (d), Election Code, Authorizes
the use of an agency prescribed form if approved by the Secretary
of State.
SECTION 35. Amends Section 42.006, Election Code, by adding
Subsection (e) to exclude the voters on the suspense list from the
number of registered voters when determining the maximum number of
registered voters.
SECTION 36. Amends Section 51.005, Election Code, by adding
Subsection (b) to exclude the voters on the suspense list from the
number of registered voters when determining the number of ballots
to be ordered for a precinct.
SECTION 37. Amends Section 63.001 (a), Election Code, to add
Section 63.0011 which adds a new procedure for the acceptance of
voters as discussed in SECTION 38..
SECTION 38. Amends Chapter 63, Election Code, by adding:
Sec 63.0011 STATEMENT OF RESIDENCE REQUIRED. Requires the
voter to confirm the current address of residence, and sign the
statement of residence if the address is different.
SECTION 39. Amends Section 66.0241, Election Code, to include the
statements of residence to be delivered to the voter registrar in
envelope #4.
SECTION 40. Amends Sections 86.002 (a), (c), and (d), Election
Code, to require the early voting clerk to provide a statement of
residence form to voters on the suspense list.
SECTION 41. Amends Section 87.041 (b), Election Code, to allow a
ballot to be accepted only if a statement of residence form was
received if one was required.
SECTION 42. Amends Chapter 277, Election Code, by adding section
277.0024 to exclude voters on the suspense list from the
calculation of the minimum number of signatures required to appear
on a petition.
SECTION 43. Repeals Subchapter B-1, Chapter 13 (Current DPS
provisions which are now in SECTION 33 of the bill); Sections
14.024-14.027 (return list which is now the suspense list found in
SECTION 15 of the bill); and Subchapter C, Chapter 14 (Voting on
affidavit of residence which is now statement of residence as found
in SECTION 38 of the bill).
SECTION 44. Effective date.
SECTION 45. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
HB 127 as filed was merely a shell bill. The bill was a
partial list of the sections of the Election Code that needed to be
addressed in order to codify the Secretary of State rules as they
relate to the implementation of the National Voter Registration
Act. In addition to completing the codification of the Secretary
of State's rules, the substitute adds several provisions that
facilitate a more efficient administration of voter registration
activities. One such provision allows registrars to keep
registration records on optical scan disks which saves time, paper
and money. Another provision exempts high schools from certain
time-consuming duties. Another provision exempts certain entities
from completing declination procedures, such as public libraries.
The bill also eliminates duplicate paper-work and provides for more
efficient administration of agency-based registration. Finally,
the substitute allows registrars to make use of Chapter 19 funds to
help pay for the additional costs they incur as a result of the
federally mandated National Voter Registration Act.
SUMMARY OF COMMITTEE ACTION
HB 127 was considered by the Committee on Elections in a
public hearing on March 29, 1995. The following persons testified
in favor of HB 127: Ray Cornett representing the tax Assessors
Collectors Association. HB 127 was referred to the Subcommittee on
the National Voter Registration Act, consisting of members to be
named later by the chair.
On April 5, 1995, the Chair named the following subcommittee
members to the Subcommittee on the National Voter Registration Act:
Representatives Denny (Chair), Munoz, and Jones.
HB 127 was considered by the Committee on Elections,
Subcommittee on the National Voter Registration Act, a subcommittee
consisting of Representatives Denny (Chair), Munoz, Jones, in a
public hearing on April 11, 1995. The following person testified
in favor of HB 127: Jesse Romero representing the Mexican American
Legal Defense and Educational Fund. The Following persons
testified neutrally on HB 127: Melinda Nickless representing the
Secretary of State, Tony Garza; and Ann McGeehan representing the
Secretary of State, Tony Garza. The Chair left HB 127 pending.
After being recalled from subcommittee, HB 127 was considered
by the Committee in a public hearing on April 19, 1995. The
Committee considered a complete substitute for the bill. Two
amendments were offered to the substitute. Two of those amendments
were adopted without objection. The Chair instructed the staff to
incorporate the substance of the amendments into the substitute.
The substitute was not adopted. The following persons testified
neutrally on HB 127: Melinda Nickless representing the Secretary
of State, Tony Garza; and Ann McGeehan representing the Secretary
of State, Tony Garza. HB 127 was left pending.
HB 127 was considered in a formal meeting on April 20, 1995.
The Committee considered a complete substitute for the bill. The
Substitute was adopted without objection. The motion to report HB
127 as substituted, favorably with the recommendation that it do
pass and be printed failed by a record vote of: 4 AYES, 0 NAYS, 1
PNV, 4 ABSENT. The Chair left HB 127 as substituted pending.
HB 127 as substituted, was considered in a formal meeting on
April 26, 1995. HB 127 was reported favorably as substituted, with
the recommendation that it do pass and be printed, by a record vote
of: 6 AYES, 1 NAY, 0 PNV, 2 ABSENT.