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.