By Danburg, Madden, Jones of Dallas, Munoz H.B. No. 127
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to implementation of the National Voter Registration Act
1-3 of 1993 and to related election processes and procedures; providing
1-4 criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.004, Election Code, is amended to read
1-7 as follows:
1-8 Sec. 11.004. Voting in Precinct of Former Residence. <(a)>
1-9 A registered voter who changes residence to another election
1-10 precinct in the same county, if otherwise eligible, may vote a full
1-11 ballot in the election precinct of former residence <for one year
1-12 after the date of the change of residence or> until the voter's
1-13 registration becomes effective in the new precinct<, whichever is
1-14 earlier,> if the voter satisfies the residence requirements
1-15 prescribed by Section 63.0011 and submits a statement of residence
1-16 in accordance with that section <resides in the county in which the
1-17 voter is registered and, if applicable:>
1-18 <(1) resides in the political subdivision served by
1-19 the authority ordering the election if the political subdivision is
1-20 other than the county; or>
1-21 <(2) resides in the territory covered by the election
1-22 in a less-than-countywide election ordered by the governor or a
1-23 county authority.>
1-24 <(b) Before being accepted to vote, the voter must execute
2-1 and submit to an election officer at the polling place a statement
2-2 including:>
2-3 <(1) a statement that the voter complies with the
2-4 applicable residence requirements prescribed by Subsection (a);>
2-5 <(2) the voter's residence address or, if the
2-6 residence has no address, the address at which the voter receives
2-7 mail and a concise description of the location of the voter's
2-8 residence;>
2-9 <(3) the month, day, and year of the voter's birth;
2-10 and>
2-11 <(4) the date the statement is submitted to the
2-12 election officer.>
2-13 <(c) The voter registrar shall provide to the general
2-14 custodian of election records a suitable number of statements of
2-15 residence for use in each applicable election.>
2-16 <(d) The voter registrar shall retain each statement of
2-17 residence on file with the voter's registration application>.
2-18 SECTION 2. Sections 13.002(c) and (d), Election Code, are
2-19 amended to read as follows:
2-20 (c) A registration application must include:
2-21 (1) the applicant's <name as follows:>
2-22 <(A)> first name, middle name, if any, last
2-23 name, and former name, if any <surname; or>
2-24 <(B) first name, maiden name, and husband's
2-25 surname if the applicant is a married woman using the husband's
2-26 surname>;
2-27 (2) <the applicant's sex;>
3-1 <(3)> the month, day, and year of the applicant's
3-2 birth;
3-3 (3) <(4)> a statement that the applicant is a United
3-4 States citizen;
3-5 (4) <(5) if the applicant is a naturalized citizen,
3-6 the location of the court of naturalization;>
3-7 <(6)> a statement that the applicant is a resident of
3-8 the county;
3-9 (5) a statement that the applicant has not been
3-10 determined mentally incompetent by a final judgment of a court;
3-11 (6) <(7)> a statement that the applicant has not been
3-12 finally convicted of a felony or that the applicant is a felon
3-13 eligible for registration under Section 13.001;
3-14 (7) <(8) if the applicant is currently registered in
3-15 another county, the name of that county and the applicant's
3-16 residence address on the registration certificate for that county;>
3-17 <(9)> the applicant's residence address or, if the
3-18 residence has no address, the address at which the applicant
3-19 receives mail and a concise description of the location of the
3-20 applicant's residence;
3-21 (8) <(10)> if the application is made by an agent, a
3-22 statement of the agent's relationship to the applicant; and
3-23 (9) <(11)> the city and <or> county <and state, or
3-24 foreign country,> in which the applicant formerly resided <was
3-25 born>.
3-26 (d) The omission of the applicant's middle or former
3-27 <maiden> name under Subsection (c)(1) or the applicant's zip code
4-1 under Subsection (c)(7)<(8) or (9)> does not affect the validity of
4-2 a registration application, and the registrar may not reject the
4-3 application because of that omission.
4-4 SECTION 3. Section 13.007, Election Code, is amended by
4-5 adding Subsection (c) to read as follows:
4-6 (c) For purposes of this code, an offense under this section
4-7 is considered to be perjury, but may be prosecuted only under this
4-8 section.
4-9 SECTION 4. Sections 13.046(d) and (f), Election Code, are
4-10 amended to read as follows:
4-11 (d) At least twice <During the final month of> each school
4-12 year <semester>, a high school deputy registrar shall distribute an
4-13 officially prescribed registration application form to each student
4-14 who is or will be 18 years of age or older during that year,
4-15 subject to rules prescribed by the secretary of state <semester>.
4-16 (f) Except as provided by this subsection, Sections 13.039,
4-17 <13.040,> 13.041, and 13.042 apply to the submission and delivery
4-18 of registration applications under this section, and for that
4-19 purpose, "volunteer deputy registrar" in those sections includes a
4-20 high school deputy registrar. A high school deputy registrar may
4-21 review an application for completeness out of the applicant's
4-22 presence. A deputy may deliver a group of applications to the
4-23 registrar by mail in an envelope or package, and, for the purpose
4-24 of determining compliance with the delivery deadline, an
4-25 application delivered by mail is considered to be delivered at the
4-26 time of its receipt by the registrar.
4-27 SECTION 5. Subchapter D, Chapter 13, Election Code, is
5-1 amended by adding Section 13.104 to read as follows:
5-2 Sec. 13.104. OPTIONAL STORAGE METHOD. (a) Instead of
5-3 keeping the original registration applications and supporting
5-4 documentation as required by this title, the registrar may record
5-5 the applications and documentation on an optical disk or other
5-6 computer storage medium approved by the secretary of state.
5-7 (b) The storage medium must allow for the creation of a copy
5-8 of an application or supporting documentation.
5-9 (c) The secretary of state shall prescribe any procedures
5-10 necessary to implement this section.
5-11 SECTION 6. Section 13.122(a), Election Code, is amended to
5-12 read as follows:
5-13 (a) In addition to the other statements and spaces for
5-14 entering information that appear on an officially prescribed
5-15 registration application form, each official form must include:
5-16 (1) the statement: "<Applicant is a United States
5-17 citizen and a resident of the county and has not been finally
5-18 convicted of a felony or is a felon eligible for registration under
5-19 Section 13.001, Election Code.> I understand that giving false
5-20 information to procure a voter registration is perjury and a crime
5-21 under state and federal law <a misdemeanor>.";
5-22 (2) a space for the applicant's registration number;
5-23 (3) a space for the applicant's Texas driver's license
5-24 number or number of a personal identification card issued by the
5-25 Department of Public Safety;
5-26 (4) a space for the applicant's telephone number;
5-27 (5) a space for the applicant's social security
6-1 number; <and>
6-2 (6) a space for the applicant's sex;
6-3 (7) a statement indicating that the furnishing of the
6-4 applicant's driver's license number, personal identification card
6-5 number, telephone number, <and> social security number, and sex is
6-6 optional;
6-7 (8) a statement that if the applicant declines to
6-8 register to vote, that fact will remain confidential and will be
6-9 used only for voter registration purposes;
6-10 (9) a statement that if the applicant does register to
6-11 vote, information regarding the agency or office to which the
6-12 application is submitted will remain confidential and will be used
6-13 only for voter registration purposes; and
6-14 (10) any other voter registration information required
6-15 by federal law or considered appropriate and required by the
6-16 secretary of state.
6-17 SECTION 7. Subchapter F, Chapter 13, Election Code, is
6-18 amended by adding Section 13.146 to read as follows:
6-19 Sec. 13.146. CONFIRMATION NOTICE ON RETURN OF INITIAL
6-20 CERTIFICATE. (a) If an initial certificate delivered to the
6-21 applicant by mail is returned to the registrar undelivered, the
6-22 registrar shall promptly deliver to the applicant a confirmation
6-23 notice in accordance with Section 15.051.
6-24 (b) If the applicant fails to deliver a response to the
6-25 registrar in accordance with Section 15.053, the registrar shall
6-26 enter the applicant's name on the suspense list.
6-27 SECTION 8. Section 14.001(a), Election Code, is amended to
7-1 read as follows:
7-2 (a) On or after November 15 but before December 6 of each
7-3 odd-numbered year, the registrar shall issue a voter registration
7-4 certificate to each voter in the county whose registration is
7-5 effective on the preceding November 14 and whose name does not
7-6 appear on the suspense list.
7-7 SECTION 9. Sections 14.021, 14.022, and 14.023, Election
7-8 Code, are amended to read as follows:
7-9 Sec. 14.021. <LIST OF RETURNED CERTIFICATES. (a) The
7-10 registrar shall maintain a list of the renewal certificates mailed
7-11 to voters and returned undelivered.>
7-12 <(b) The list shall be arranged alphabetically by voter name
7-13 and for each certificate must contain the voter's name, residence
7-14 address, date of birth, and registration number. The names shall
7-15 be grouped according to county election precincts.>
7-16 <(c) The registrar shall retain the list for two years after
7-17 the last day of each mailing of renewal certificates.>
7-18 <Sec. 14.022.> DISPOSITION OF RETURNED RENEWAL CERTIFICATE.
7-19 On the return to the registrar of an undelivered renewal
7-20 certificate that was mailed to a voter <to the registrar>, the
7-21 registrar shall file the certificate with the voter's registration
7-22 application and, not later than January 2 following the mailing of
7-23 certificates, enter the voter's name <appropriate information> on
7-24 the suspense list <of returned certificates>.
7-25 Sec. 14.022 <14.023>. Erroneous Return of Renewal
7-26 Certificate. If the registrar determines that a voter's renewal
7-27 certificate was returned undelivered solely because of postal
8-1 service error, address reclassification, or the registrar's
8-2 clerical error, the registrar shall delete the voter's name from
8-3 the suspense list <of returned certificates>, make any other
8-4 appropriate corrections in the registration records, and deliver
8-5 the certificate to the voter.
8-6 Sec. 14.023. CONFIRMATION NOTICE AFTER RETURN OF RENEWAL
8-7 CERTIFICATE. (a) After January 1 but not later than March 1 of
8-8 each even-numbered year, the registrar shall deliver a confirmation
8-9 notice in accordance with Section 15.051 to each voter whose name
8-10 appears on the suspense list under this subchapter.
8-11 (b) If the voter fails to deliver a response to the
8-12 registrar in accordance with Section 15.053, the voter's name
8-13 remains on the suspense list.
8-14 SECTION 10. Section 15.001(a), Election Code, is amended to
8-15 read as follows:
8-16 (a) Each voter registration certificate issued must contain:
8-17 (1) the voter's name;
8-18 (2) the voter's residence address or, if the residence
8-19 has no address, the address at which the voter receives mail and a
8-20 concise description of the location of the voter's residence;
8-21 (3) the month, day, and year of the voter's birth <and
8-22 the voter's sex>;
8-23 (4) the number of the county election precinct in
8-24 which the voter resides;
8-25 (5) the voter's effective date of registration if an
8-26 initial certificate;
8-27 (6) the voter's registration number;
9-1 (7) an indication of the period for which the
9-2 certificate is issued;
9-3 (8) a statement explaining the circumstances under
9-4 which <that> the voter will receive a new certificate <every two
9-5 years as long as the voter's registration is not canceled>;
9-6 (9) a space for stamping the voter's political party
9-7 affiliation;
9-8 (10) a statement that voting with the certificate by a
9-9 person other than the person in whose name the certificate is
9-10 issued is a felony;
9-11 (11) a space for the voter's signature;
9-12 (12) a statement that the voter must sign the
9-13 certificate personally, if able to sign, immediately on receipt;
9-14 (13) a space for the voter to correct the information
9-15 on the certificate followed by a signature line;
9-16 (14) the statement: "If any information on this
9-17 certificate changes or is incorrect, correct the information in the
9-18 space provided, sign below, and return this certificate to the
9-19 voter registrar."; and
9-20 (15) the registrar's mailing address and telephone
9-21 number.
9-22 SECTION 11. Section 15.002, Election Code, is amended by
9-23 adding Subsection (d) to read as follows:
9-24 (d) A voter registration certificate may contain the voter's
9-25 sex.
9-26 SECTION 12. Section 15.022(a), Election Code, is amended to
9-27 read as follows:
10-1 (a) The registrar shall make the appropriate corrections in
10-2 the registration records, including, if necessary, deleting a
10-3 voter's name from the suspense list <of returned certificates>:
10-4 (1) after receipt of a notice of a change in
10-5 registration information under Section 15.021;
10-6 (2) after receipt of a voter's reply to a notice of
10-7 investigation given under Section 16.033;
10-8 (3) after receipt of a registration omissions list and
10-9 any affidavits executed under Section 63.007, following an
10-10 election;
10-11 (4) after receipt of a voter's statement <or
10-12 affidavit> of residence executed under Section 63.0011 <11.004 or
10-13 14.052>;
10-14 (5) before the effective date of the abolishment of a
10-15 county election precinct or a change in its boundary; <or>
10-16 (6) after receipt of United States Postal Service
10-17 information indicating an address reclassification;
10-18 (7) after receipt of a voter's response under Section
10-19 15.053; or
10-20 (8) after receipt of a registration application or
10-21 change of address under Chapter 20.
10-22 SECTION 13. Section 15.023, Election Code, is amended to
10-23 read as follows:
10-24 Sec. 15.023. TIME FOR CERTAIN DELETIONS FROM SUSPENSE LIST
10-25 <OF RETURNED CERTIFICATES>. If the name of a voter whose residence
10-26 is changed on the registration records to another county election
10-27 precinct in the same county appears on the suspense list <of
11-1 returned certificates>, the voter's name shall be deleted from the
11-2 list on the date the voter's registration in the precinct of new
11-3 residence becomes effective.
11-4 SECTION 14. Section 15.025, Election Code, is amended to
11-5 read as follows:
11-6 Sec. 15.025. Effective Date of Registration in Precinct of
11-7 New Residence. The registration of a voter whose residence is
11-8 changed on the registration records to another county election
11-9 precinct in the same county becomes effective in the precinct of
11-10 new residence on the 30th day after:
11-11 (1) the date the registrar receives a notice of a
11-12 change in registration information under Section 15.021 or a
11-13 voter's response <reply to a notice of investigation given> under
11-14 Section 15.053 <16.033, as applicable>, indicating the change of
11-15 residence; or
11-16 (2) the date the voter submits a statement <or an
11-17 affidavit indicating the change> of residence to an election
11-18 officer under Section 63.0011 or a registration application or
11-19 change of address to an agency employee under Chapter 20,
11-20 indicating the change of residence <11.004 or 14.052>.
11-21 SECTION 15. Chapter 15, Election Code, is amended by
11-22 redesignating Subchapter C as Subchapter F and adding Subchapters
11-23 C-E to read as follows:
11-24 SUBCHAPTER C. CONFIRMATION OF RESIDENCE
11-25 Sec. 15.051. CONFIRMATION NOTICE. (a) If the registrar has
11-26 reason to believe that a voter's current residence is different
11-27 from that indicated on the registration records, the registrar
12-1 shall deliver to the voter a written confirmation notice requesting
12-2 confirmation of the voter's current residence.
12-3 (b) The registrar shall include an official confirmation
12-4 notice response form with each confirmation notice delivered to a
12-5 voter.
12-6 (c) The confirmation notice shall be delivered by
12-7 forwardable mail to the voter's last known address.
12-8 (d) The registrar shall maintain a list of the confirmation
12-9 notices mailed to voters, which for each notice must include the
12-10 voter's name and the date the notice is mailed. The registrar
12-11 shall maintain and retain the list in accordance with rules
12-12 prescribed by the secretary of state.
12-13 Sec. 15.052. OFFICIAL CONFIRMATION NOTICE AND CONFIRMATION
12-14 NOTICE RESPONSE FORMS. (a) The officially prescribed form for a
12-15 confirmation notice must include:
12-16 (1) a statement that, if the voter fails to deliver to
12-17 the registrar a written, signed response confirming the voter's
12-18 current residence on or before the 30th day after the date the
12-19 confirmation notice is mailed:
12-20 (A) the voter is subject to submission of a
12-21 statement of residence before the voter may be accepted for voting
12-22 in an election held after that deadline; or
12-23 (B) for a notice delivered under Section 14.023,
12-24 the voter will remain subject to submission of a statement of
12-25 residence before the voter may be accepted for voting in an
12-26 election; and
12-27 (2) a warning that the voter's registration is subject
13-1 to cancellation if the voter fails to confirm the voter's current
13-2 residence either by notifying the registrar in writing or voting on
13-3 a statement of residence before November 30 following the second
13-4 general election for state and county officers that occurs after
13-5 the date the confirmation notice is mailed.
13-6 (b) The official confirmation notice response form must be
13-7 postage prepaid and preaddressed for delivery to the registrar.
13-8 (c) The registrar may prescribe a different design from that
13-9 prescribed by the secretary of state for an official form, if
13-10 approved by the secretary.
13-11 Sec. 15.053. RESPONSE TO CONFIRMATION NOTICE. (a) Not
13-12 later than the 30th day after the date a confirmation notice is
13-13 mailed, the voter shall deliver to the registrar a written, signed
13-14 response to the notice that confirms the voter's current residence.
13-15 (b) The voter shall use an official confirmation notice
13-16 response form for the response unless the voter does not have
13-17 possession of the official form at the time of making the response.
13-18 (c) The registrar shall retain the response on file with the
13-19 voter's registration application.
13-20 (Sections 15.054-15.080 reserved for expansion
13-21 SUBCHAPTER D. SUSPENSE LIST
13-22 Sec. 15.081. SUSPENSE LIST. (a) The registrar shall
13-23 maintain a suspense list containing the name of each voter who
13-24 fails to deliver a response to the registrar in accordance with
13-25 Section 15.053 or whose renewal certificate is returned to the
13-26 registrar in accordance with Subchapter B, Chapter 14.
13-27 (b) The list shall be arranged alphabetically by voter name
14-1 and for each voter must contain the voter's name, residence
14-2 address, date of birth, registration number, and date the name is
14-3 entered on the list. The names shall be grouped according to
14-4 county election precincts.
14-5 (c) The secretary of state may prescribe an alternative form
14-6 or procedure for maintaining the list.
14-7 Sec. 15.082. AVAILABILITY OF REGISTRAR'S LIST. (a) The
14-8 registrar shall furnish a copy of the suspense list to any person
14-9 requesting it or shall furnish that portion of the list requested.
14-10 (b) The fee for each list or portion of a list furnished
14-11 under this section may not exceed the actual expense incurred in
14-12 reproducing the list or portion for the person requesting it and
14-13 shall be uniform for each type of copy furnished. The registrar
14-14 shall make reasonable efforts to minimize the reproduction
14-15 expenses.
14-16 (c) If the list is recorded on magnetic tape, the copy shall
14-17 be furnished in the form of a tape or a printout, as requested.
14-18 (d) The registrar shall use fees collected under this
14-19 section to defray expenses incurred in the preparation of the copy.
14-20 Sec. 15.083. DELIVERY OF LIST TO SECRETARY OF STATE.
14-21 (a) The secretary of state may require the registrar to deliver a
14-22 copy of the suspense list to the secretary in the form prescribed
14-23 by the secretary.
14-24 (b) The registrar shall deliver the list within the period
14-25 prescribed by the secretary of state.
14-26 Sec. 15.084. AVAILABILITY OF SECRETARY OF STATE'S LIST.
14-27 (a) The secretary of state shall furnish a copy of a suspense list
15-1 delivered under Section 15.083 to any person requesting it or shall
15-2 furnish that portion of the list requested.
15-3 (b) The fee for each list or portion of a list furnished
15-4 under this section may not exceed the actual expense incurred in
15-5 reproducing the list or portion for the person requesting it and
15-6 shall be uniform for each type of copy furnished.
15-7 (c) The copy shall be furnished in the form in which the
15-8 list is stored or, if practicable, in any other form requested.
15-9 (d) The secretary of state shall use fees collected under
15-10 this section to defray expenses incurred in the preparation of the
15-11 copy.
15-12 Sec. 15.085. UNLAWFUL USE OF INFORMATION ON SUSPENSE LISTS.
15-13 (a) A person commits an offense if the person uses information in
15-14 connection with advertising or promoting commercial products or
15-15 services that the person knows was obtained under Section 15.082 or
15-16 15.084.
15-17 (b) An offense under this section is a Class A misdemeanor.
15-18 (Sections 15.086-15.110 reserved for expansion
15-19 SUBCHAPTER E. VOTING ON STATEMENT OF RESIDENCE
15-20 Sec. 15.111. NOTATION ON LIST OF REGISTERED VOTERS. (a)
15-21 The registrar shall enter the notation "S", or a similar notation
15-22 approved by the secretary of state, on the list of registered
15-23 voters beside each voter's name that also appears on the suspense
15-24 list.
15-25 (b) The registrar shall delete the notation from the list if
15-26 the voter's name is deleted from the suspense list.
15-27 Sec. 15.112. AUTHORIZATION TO VOTE ON STATEMENT. In an
16-1 election held on or after the date the voter's name is entered on
16-2 the suspense list and before November 30 following the second
16-3 general election for state and county officers that occurs after
16-4 the beginning of the period, a voter whose name appears on a
16-5 precinct list of registered voters with the notation "S", or a
16-6 similar notation, may vote in the election precinct in which the
16-7 list is used if the voter satisfies the residence requirements
16-8 prescribed by Section 63.0011 and submits a statement of residence
16-9 in accordance with that section.
16-10 (Sections 15.113-15.140 reserved for expansion
16-11 SUBCHAPTER F <C>. CERTIFICATE FILES
16-12 Sec. 15.141 <15.051>. Active Certificate File. (a) The
16-13 registrar shall maintain a file containing the duplicate initial
16-14 registration certificates of voters whose registrations are
16-15 effective.
16-16 (b) The registrar shall maintain the file in numerical order
16-17 by registration number on a countywide basis.
16-18 (c) Each certificate shall be retained on file during the
16-19 time the registration is effective.
16-20 Sec. 15.142 <15.052>. Inactive Certificate File. (a) The
16-21 registrar shall maintain a file containing the duplicate initial
16-22 registration certificates of voters whose registrations have been
16-23 canceled.
16-24 (b) The registrar shall maintain the file in numerical order
16-25 by registration number on a countywide basis for each voting year.
16-26 (c) Each certificate shall be retained on file for two years
16-27 after the date of cancellation.
17-1 Sec. 15.143 <15.053>. Maintenance of Files as Electronic
17-2 Data-Processing Information. The registrar may maintain the active
17-3 or inactive certificate file as information stored in a form
17-4 suitable for use with electronic data-processing equipment. After
17-5 the appropriate information is stored, the registrar may destroy or
17-6 otherwise dispose of a duplicate certificate.
17-7 Sec. 15.144 <15.054>. Place for Keeping Files; Security.
17-8 (a) The registration certificate files maintained under this
17-9 subchapter shall be kept in the registrar's office at all times in
17-10 a place and manner ensuring their security.
17-11 (b) Certificates may be removed from the registrar's office
17-12 temporarily, in a manner ensuring their security, for use in
17-13 preparing registration certificates, lists of registered voters,
17-14 and other registration documents by electronic data-processing
17-15 methods.
17-16 SECTION 16. Section 16.031(a), Election Code, is amended to
17-17 read as follows:
17-18 (a) The registrar shall cancel a voter's registration
17-19 immediately on receipt of:
17-20 (1) notice under Section 13.072(b) or 15.021 or a
17-21 response under Section 15.053 that the voter's residence is outside
17-22 the county;
17-23 (2) an abstract of the voter's death certificate under
17-24 Section 16.001(a) or an abstract of an application indicating that
17-25 the voter is deceased under Section 16.001(b);
17-26 (3) an abstract of a final judgment of the voter's
17-27 mental incompetence, conviction of a felony, or disqualification
18-1 under Section 16.002, 16.003, or 16.004;
18-2 (4) notice under Section 112.012 that the voter has
18-3 applied for a limited ballot in another county; or
18-4 (5) notice from a voter registration official in
18-5 another state that the voter has registered to vote outside this
18-6 state.
18-7 SECTION 17. Section 16.032, Election Code, is amended to
18-8 read as follows:
18-9 Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST
18-10 PERIOD <RETURN OF RENEWAL CERTIFICATE>. If on November 30
18-11 following the second general election for state and county officers
18-12 that occurs after the date the voter's name is entered on the
18-13 suspense list <August 16 of an even-numbered year> a registered
18-14 voter's name appears on the suspense list <of returned
18-15 certificates>, the registrar shall cancel the voter's registration
18-16 unless the name is to be deleted from the list under Section
18-17 15.023.
18-18 SECTION 18. Sections 16.033(a), (b), (c), and (e), Election
18-19 Code, are amended to read as follows:
18-20 (a) The registrar may use any lawful means to investigate
18-21 whether a registered <voter's current residence is different from
18-22 the residence indicated on the registration records or whether a>
18-23 voter is currently eligible for registration in the county. This
18-24 section does not authorize an investigation of eligibility that is
18-25 based solely on residence.
18-26 (b) If the registrar has reason to believe that a <voter's
18-27 current residence is different from that indicated on the
19-1 registration records or that the> voter is no longer eligible for
19-2 registration, the registrar shall deliver written notice to the
19-3 voter indicating that the voter's registration status is being
19-4 investigated by the registrar. The notice shall be delivered by
19-5 forwardable mail to the mailing address on the voter's registration
19-6 application and to any new address of the voter known to the
19-7 registrar.
19-8 (c) The notice must include:
19-9 (1) a request for <verification of the voter's current
19-10 residence or a request for other> information relevant to
19-11 determining the voter's eligibility for registration; and
19-12 (2) a warning that the voter's registration is subject
19-13 to cancellation if the registrar does not receive an appropriate
19-14 reply on or before the 60th day after the date the notice is
19-15 mailed.
19-16 (e) A voter's registration may not be canceled under
19-17 Subsection (d) if the voter's name appears on the suspense list <of
19-18 returned certificates> unless the notice mailed to the voter
19-19 indicated that the registrar had reason to believe that the voter
19-20 is not eligible for registration because of a ground other than a
19-21 ground based on <change of> residence <to a place outside the
19-22 county or for some other reason>.
19-23 SECTION 19. Subchapter B, Chapter 16, Election Code, is
19-24 amended by adding Section 16.0331 to read as follows:
19-25 Sec. 16.0331. CANCELLATION ON REQUEST BY VOTER. (a) A
19-26 voter desiring to cancel the voter's registration must submit to
19-27 the registrar a written, signed request for the cancellation. A
20-1 request may not be submitted by an agent.
20-2 (b) The registrar shall cancel a voter's registration
20-3 immediately on receipt of a request under Subsection (a).
20-4 (c) The registrar shall retain the request on file with the
20-5 voter's registration application.
20-6 SECTION 20. Section 16.036(a), Election Code, is amended to
20-7 read as follows:
20-8 (a) Immediately after cancellation of a voter's registration
20-9 under Section 16.031(a)(3), <or> 16.033, or 16.0331, the registrar
20-10 shall deliver written notice of the cancellation to the voter.
20-11 SECTION 21. Section 16.037(b), Election Code, is amended to
20-12 read as follows:
20-13 (b) If, after canceling a voter's registration under Section
20-14 16.032, the registrar receives a statement <an affidavit> of
20-15 residence executed by the voter under Section 63.0011 <14.052> at
20-16 an election held before the date the voter's registration was
20-17 required to be canceled, the registrar shall reinstate the
20-18 registration.
20-19 SECTION 22. Section 16.091, Election Code, is amended to
20-20 read as follows:
20-21 Sec. 16.091. Right to Challenge Registration. Except as
20-22 otherwise provided by this subchapter, a <A> registered voter may
20-23 challenge the registration of another voter of the same county at a
20-24 hearing before the registrar.
20-25 SECTION 23. Subchapter D, Chapter 16, Election Code, is
20-26 amended by adding Section 16.0921 to read as follows:
20-27 Sec. 16.0921. CONFIRMATION NOTICE ON CHALLENGE BASED ON
21-1 RESIDENCE. (a) On the filing of a sworn statement under Section
21-2 16.092 alleging a ground based on residence, the registrar shall
21-3 promptly deliver to the voter whose registration is challenged a
21-4 confirmation notice in accordance with Section 15.051.
21-5 (b) If the voter fails to deliver a response to the
21-6 registrar in accordance with Section 15.053, the registrar shall
21-7 enter the voter's name on the suspense list.
21-8 SECTION 24. Section 16.093(a), Election Code, is amended to
21-9 read as follows:
21-10 (a) On the filing of a sworn statement under Section 16.092
21-11 alleging a ground other than residence, the registrar shall
21-12 schedule a hearing on the challenge. The hearing procedure does
21-13 not apply to an allegation of a ground based on residence.
21-14 SECTION 25. Section 18.005(a), Election Code, is amended to
21-15 read as follows:
21-16 (a) Each original and supplemental list of registered voters
21-17 must:
21-18 (1) contain the voter's name, residence address,
21-19 <sex,> date of birth, and registration number; <and>
21-20 (2) be arranged alphabetically by voter name; and
21-21 (3) contain the notation required by Section 15.111.
21-22 SECTION 26. Section 18.008(a), Election Code, is amended to
21-23 read as follows:
21-24 (a) The registrar shall furnish a copy of any list prepared
21-25 under this subchapter to any person requesting it. The copy shall
21-26 be furnished without the names of voters whose names appear on a
21-27 list with the notation "S", or a similar notation, if requested in
22-1 that form.
22-2 SECTION 27. Section 18.041, Election Code, is amended to
22-3 read as follows:
22-4 Sec. 18.041. Annual Registration Statement. (a) Each
22-5 voting year, the registrar shall prepare a written statement of the
22-6 number of persons whose voter registrations in the county and in
22-7 each county election precinct <whose voter registrations> will be
22-8 effective on January 1.
22-9 (b) The secretary of state shall prescribe the categories of
22-10 voters and computations required in the statement.
22-11 (c) The registrar shall retain a copy of the statement on
22-12 file as a registration record for two years.
22-13 (d) <(c)> The registrar shall file the statement with the
22-14 secretary of state not later than January 2.
22-15 (e) <(d)> The secretary of state shall retain the statement
22-16 on file for two years.
22-17 SECTION 28. Section 18.042, Election Code, is amended to
22-18 read as follows:
22-19 Sec. 18.042. Preelection Registration Statement. (a) Not
22-20 later than the 20th day before the date of the general primary
22-21 election and the date of the general election for state and county
22-22 officers, the registrar shall file with the secretary of state a
22-23 statement of the number of persons whose voter registrations in the
22-24 county and in each county election precinct will be effective on
22-25 election day.
22-26 (b) The secretary of state shall prescribe the categories of
22-27 voters and computations required in the statement.
23-1 SECTION 29. Subchapter B, Chapter 18, Election Code, is
23-2 amended by adding Section 18.043 to read as follows:
23-3 Sec. 18.043. STATEMENT REQUIRED UNDER FEDERAL LAW. (a) At
23-4 the times prescribed by the secretary of state, the registrar shall
23-5 deliver to the secretary a statement containing the voter
23-6 registration information determined by the secretary to be
23-7 necessary to comply with reporting requirements prescribed under
23-8 federal law.
23-9 (b) The secretary of state shall prescribe the form,
23-10 content, and procedure for each statement required under this
23-11 section.
23-12 (c) The registrar shall maintain the information required
23-13 for the statements in accordance with procedures prescribed by the
23-14 secretary of state.
23-15 SECTION 30. Section 18.062(c), Election Code, is amended to
23-16 read as follows:
23-17 (c) The file must include each voter's:
23-18 (1) name;
23-19 (2) county of residence;
23-20 (3) county election precinct number;
23-21 (4) residence address or, if the residence has no
23-22 address, the address at which the voter receives mail;
23-23 (5) <sex;>
23-24 <(6)> date of birth; and
23-25 (6) <(7)> registration number.
23-26 SECTION 31. Section 18.063(a), Election Code, is amended to
23-27 read as follows:
24-1 (a) On or after the first day but before the 16th day of
24-2 January, March, June, September, and December <January 1 but before
24-3 January 16 and on or after September 1 but before September 16> of
24-4 each <even-numbered> year, each registrar of a county that has not
24-5 contracted with the secretary of state for electronic data services
24-6 to facilitate the implementation of the registration service
24-7 program shall deliver to the secretary of state a list containing
24-8 each new registration, canceled registration, and change in
24-9 registration information that has occurred in the county since the
24-10 delivery of the previous list under this subsection or Subsection
24-11 (b), as applicable.
24-12 SECTION 32. Section 19.004, Election Code, is amended to
24-13 read as follows:
24-14 Sec. 19.004. USE OF STATE FUNDS RESTRICTED. State funds
24-15 disbursed under this chapter may be used only to defray expenses of
24-16 the registrar's office in connection with voter registration,
24-17 including additional expenses related to implementation of the
24-18 National Voter Registration Act of 1993 (42 U.S.C. Section 1973gg
24-19 et seq.). The secretary of state shall specify the procedures that
24-20 result in additional expenses and that are required to implement
24-21 that federal law.
24-22 SECTION 33. Title 2, Election Code, is amended by adding
24-23 Chapter 20 to read as follows:
24-24 CHAPTER 20. VOTER REGISTRATION AGENCIES
24-25 SUBCHAPTER A. GENERAL PROVISIONS
24-26 Sec. 20.001. DESIGNATION OF VOTER REGISTRATION AGENCIES.
24-27 (a) The following state agencies are designated as voter
25-1 registration agencies:
25-2 (1) any agency or program that provides public
25-3 assistance, including:
25-4 (A) Texas Department of Human Services (AFDC
25-5 program, Medicaid program, food stamp program, programs for the
25-6 aged);
25-7 (B) Texas Department of Health (special
25-8 supplemental food program for women, infants, and children); and
25-9 (C) any other agency or program as determined by
25-10 the secretary of state;
25-11 (2) Texas Department of Mental Health and Mental
25-12 Retardation;
25-13 (3) Texas Commission for the Deaf and Hearing
25-14 Impaired;
25-15 (4) Texas School for the Deaf;
25-16 (5) Texas Commission for the Blind;
25-17 (6) Texas School for the Blind and Visually Impaired;
25-18 (7) Texas Rehabilitation Commission; and
25-19 (8) any other agency that provides a state-funded
25-20 program primarily engaged in providing services to persons with
25-21 disabilities, as determined by the secretary of state.
25-22 (b) The Department of Public Safety is designated as a voter
25-23 registration agency.
25-24 (c) Each public library, including any branch or other
25-25 service outlet, is designated as a voter registration agency. In
25-26 this chapter, "public library" means a library that:
25-27 (1) is regularly open for business for more than 30
26-1 hours a week;
26-2 (2) is operated by a single public agency or board;
26-3 (3) is open without charge to all persons under
26-4 identical conditions; and
26-5 (4) receives its financial support wholly or partly
26-6 from public funds.
26-7 (d) Each marriage license office of the county clerk is
26-8 designated as a voter registration agency.
26-9 (e) The secretary of state shall designate other agencies or
26-10 offices as voter registration agencies as necessary for compliance
26-11 with federal law.
26-12 Sec. 20.002. AGENCY-PRESCRIBED REGISTRATION APPLICATION
26-13 FORM. Instead of using the official voter registration application
26-14 form prescribed by the secretary of state, a voter registration
26-15 agency may use an official form prescribed by the agency, if
26-16 approved by the secretary of state.
26-17 Sec. 20.003. OFFICIAL DECLINATION OF REGISTRATION FORM. The
26-18 officially prescribed form for a declination of a voter
26-19 registration must include:
26-20 (1) spaces for the person's signature and printed name
26-21 and the date of signing;
26-22 (2) the following question, followed by appropriate
26-23 boxes preceding "YES" and "NO": "If you are not registered to vote
26-24 where you live now, would you like to apply to register to vote
26-25 here today?";
26-26 (3) if the agency provides public assistance, the
26-27 statement: "Applying to register or declining to register to vote
27-1 will not affect the amount of assistance that you will be provided
27-2 by this agency.";
27-3 (4) the statement: "IF YOU HAVE NOT CHECKED EITHER
27-4 BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE
27-5 AT THIS TIME.";
27-6 (5) the statement: "If you would like help filling
27-7 out the voter registration application form, we will help you. The
27-8 decision whether to seek or accept help is yours. You may fill out
27-9 the application form in private.";
27-10 (6) the statement: "If you believe that someone has
27-11 interfered with your right to register or to decline to register to
27-12 vote or with your right to privacy in deciding whether to register
27-13 or in applying to register to vote, you may file a complaint with
27-14 the Elections Division of the Office of the Secretary of State,
27-15 P.O. Box 12060, Austin, Texas 78711.";
27-16 (7) a statement that if the applicant declines to
27-17 register to vote, that fact will remain confidential and will be
27-18 used only for voter registration purposes;
27-19 (8) a statement that if the applicant does register to
27-20 vote, information regarding the agency or office to which the
27-21 application is submitted will remain confidential and will be used
27-22 only for voter registration purposes; and
27-23 (9) a space for indicating that the applicant refused
27-24 to sign the declination or kept the application to personally
27-25 submit it to the voter registrar.
27-26 Sec. 20.004. AGENCY COORDINATOR. (a) A voter registration
27-27 agency shall designate one or more persons to coordinate the
28-1 agency's voter registration program. The agency shall notify the
28-2 secretary of state of the name of each coordinator.
28-3 (b) The registration coordinator shall conduct training for
28-4 agency employees in voter registration procedures with the
28-5 assistance of the secretary of state.
28-6 (c) The agency shall submit to the secretary of state a plan
28-7 to implement voter registration procedures under this chapter.
28-8 Sec. 20.005. DEGREE OF ASSISTANCE. A voter registration
28-9 agency shall provide the same degree of assistance, including any
28-10 necessary bilingual assistance, to a person in completing a voter
28-11 registration form as is provided to a person in completing the
28-12 agency's forms, unless the assistance is refused.
28-13 Sec. 20.006. DETERMINATION OF ELIGIBILITY. (a) An employee
28-14 of a voter registration agency may not make a determination about a
28-15 person's eligibility for registration other than a determination of
28-16 whether the person is of voting age or is a United States citizen.
28-17 (b) A person's age or citizenship may be determined by the
28-18 employee only if the age or citizenship can be readily determined
28-19 from information filed with the agency by the person for purposes
28-20 other than voter registration.
28-21 (c) A person shall be offered voter registration assistance
28-22 as provided by this chapter even if the person's age or citizenship
28-23 cannot be determined.
28-24 Sec. 20.007. PROHIBITED ACTS. An employee of a voter
28-25 registration agency may not:
28-26 (1) seek to influence an applicant's political party
28-27 preference;
29-1 (2) display any political party preference or
29-2 allegiance; or
29-3 (3) make any statement or take any action the purpose
29-4 or effect of which is to:
29-5 (A) discourage the applicant from registering to
29-6 vote; or
29-7 (B) lead the applicant to believe that a
29-8 decision of whether to register has any bearing on the availability
29-9 of services or benefits.
29-10 Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE OR REGISTRAR.
29-11 If a question arises concerning voter registration that an agency
29-12 employee cannot answer, the employee shall provide the person:
29-13 (1) the toll-free telephone number of the Elections
29-14 Division of the Office of the Secretary of State; and
29-15 (2) the telephone number of the voter registrar to
29-16 whom registration applications are submitted.
29-17 Sec. 20.009. ADDITIONAL PROCEDURES. The secretary of state
29-18 shall prescribe any additional procedures necessary for the orderly
29-19 and proper administration of voter registration procedures under
29-20 this chapter.
29-21 (Sections 20.010-20.030 reserved for expansion
29-22 SUBCHAPTER B. REGISTRATION ASSISTANCE GENERALLY
29-23 Sec. 20.031. FORM PROVIDED. A voter registration agency
29-24 shall provide a voter registration application form to each person
29-25 who is of voting age and a United States citizen in connection with
29-26 the person's application for initial services, and also in
29-27 connection with any recertification, renewal, or change of address,
30-1 unless the person declines in writing to register to vote.
30-2 Sec. 20.032. REGISTRATION PROCEDURES. (a) An appropriate
30-3 agency employee shall routinely inform each person who applies in
30-4 person for agency services of the opportunity to complete a voter
30-5 registration application form and on request shall provide
30-6 nonpartisan voter registration assistance to the applicant.
30-7 (b) An agency that provides services at a person's residence
30-8 shall provide the opportunity to complete the form and the
30-9 assistance under Subsection (a) at the residence.
30-10 (c) On receipt of a registration application, the
30-11 appropriate agency employee shall review it for completeness in the
30-12 applicant's presence. If the application does not contain all the
30-13 required information and the required signature, the agency
30-14 employee shall return the application to the applicant for
30-15 completion and resubmission.
30-16 (d) Information regarding the agency or office to which an
30-17 application is submitted is confidential and may be used only for
30-18 voter registration purposes.
30-19 Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO
30-20 EMPLOYEE. The date of submission of a completed registration
30-21 application to the agency employee is considered to be the date of
30-22 submission to the voter registrar for the purpose of determining
30-23 the effective date of registration only.
30-24 Sec. 20.034. SUBMISSION TO REGISTRAR BY APPLICANT. (a) The
30-25 applicant may keep the registration application form or the
30-26 completed application to submit the application personally to the
30-27 voter registrar.
31-1 (b) The agency employee shall enter on the declination of
31-2 registration form a notation that after being given the opportunity
31-3 to register, the applicant kept the application or application form
31-4 for personal submission of the application to the registrar.
31-5 Sec. 20.035. DELIVERY OF APPLICATIONS TO REGISTRAR. (a)
31-6 The agency shall deliver to the voter registrar of the county in
31-7 which the agency office is located each completed registration
31-8 application submitted to an agency employee.
31-9 (b) An application shall be delivered to the registrar not
31-10 later than the fifth day after the date the application is
31-11 submitted to the employee.
31-12 Sec. 20.036. DECLINATION OF REGISTRATION. (a) If the
31-13 applicant does not wish to complete a voter registration
31-14 application form, the agency employee shall request that the
31-15 applicant complete and sign an official declination of registration
31-16 form unless the employee determines that the applicant has
31-17 previously completed and signed the form.
31-18 (b) If the applicant refuses to sign the declination form,
31-19 the agency employee shall enter on the form a notation of that
31-20 fact.
31-21 (c) The agency shall preserve each declination for at least
31-22 22 months after the date of signing. The declination may be
31-23 retained in the applicant's file at the agency or in a separate
31-24 declination file.
31-25 (d) A declination is confidential and may be used only for
31-26 voter registration purposes.
31-27 (e) The secretary of state shall prescribe the procedures
32-1 necessary to eliminate the filing of multiple declinations by an
32-2 applicant.
32-3 Sec. 20.037. TELEPHONE OR MAIL SERVICES. (a) A voter
32-4 registration agency that allows a person to apply for services by
32-5 mail shall deliver to an applicant by mail a voter registration
32-6 application form on the approval of services for the applicant.
32-7 (b) An agency shall deliver to an applicant by mail a voter
32-8 registration application form if:
32-9 (1) the agency automatically notifies an applicant to
32-10 renew or recertify a service by mailing a form to the applicant; or
32-11 (2) the applicant requests services by telephone and
32-12 the agency provides services in that manner.
32-13 (c) An application form delivered by mail must be
32-14 accompanied by a notice informing the applicant that the
32-15 application may be submitted in person or by mail to the voter
32-16 registrar of the county in which the applicant resides or in person
32-17 to a volunteer deputy registrar for delivery to the voter registrar
32-18 of the county in which the applicant resides.
32-19 (d) The agency may maintain a written record indicating that
32-20 a registration application was delivered to an applicant.
32-21 (e) The agency is not required to deliver a declination of
32-22 registration form under this section.
32-23 (Sections 20.038-20.060 reserved for expansion
32-24 SUBCHAPTER C. DEPARTMENT OF PUBLIC SAFETY
32-25 Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
32-26 provisions of this chapter apply to the Department of Public Safety
32-27 except provisions that conflict with this subchapter.
33-1 Sec. 20.062. DEPARTMENT FORMS AND PROCEDURE. (a) The
33-2 Department of Public Safety shall prescribe and use a form and
33-3 procedure that combines the department's application form for a
33-4 license or card with an officially prescribed voter registration
33-5 application form.
33-6 (b) The department shall prescribe and use a change of
33-7 address form and procedure that combines department and voter
33-8 registration functions. The form must allow a licensee or
33-9 cardholder to indicate whether the change of address is also to be
33-10 used for voter registration purposes.
33-11 (c) The design, content, and physical characteristics of the
33-12 department forms must be approved by the secretary of state.
33-13 Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department
33-14 of Public Safety shall provide to each person who applies in person
33-15 at the department's offices for an original or renewal of a
33-16 driver's license, a personal identification card, or a duplicate or
33-17 corrected license or card an opportunity to complete a voter
33-18 registration application form.
33-19 (b) When the department processes a license or card for
33-20 renewal by mail, the department shall deliver to the applicant by
33-21 mail a voter registration application form.
33-22 (c) A change of address that relates to a license or card
33-23 and that is submitted to the department in person or by mail serves
33-24 as a change of address for voter registration unless the licensee
33-25 or cardholder indicates that the change is not for voter
33-26 registration purposes. The date of submission of a change of
33-27 address to a department employee is considered to be the date of
34-1 submission to the voter registrar for the purpose of determining
34-2 the effective date of registration only.
34-3 Sec. 20.064. DECLINATION FORM NOT REQUIRED. The Department
34-4 of Public Safety is not required to comply with the procedures
34-5 prescribed by this chapter relating to the form for a declination
34-6 of voter registration.
34-7 Sec. 20.065. DELIVERY OF APPLICATIONS AND CHANGES OF
34-8 ADDRESS. At the end of each day a Department of Public Safety
34-9 office is regularly open for business, the manager of the office
34-10 shall deliver by mail or in person to the voter registrar of the
34-11 county in which the office is located each completed voter
34-12 registration application and applicable change of address submitted
34-13 to a department employee.
34-14 (Sections 20.066-20.090 reserved for expansion
34-15 SUBCHAPTER D. PUBLIC LIBRARY
34-16 Sec. 20.091. APPLICABILITY OF OTHER PROVISIONS. The other
34-17 provisions of this chapter apply to a public library except
34-18 provisions that conflict with this subchapter.
34-19 Sec. 20.092. REGISTRATION PROCEDURE. (a) A public library
34-20 shall provide to each person of voting age who applies in person
34-21 for an original or renewal of a library card an opportunity to
34-22 complete a voter registration application form.
34-23 (b) A public library shall use the official form prescribed
34-24 by the secretary of state.
34-25 Sec. 20.093. DECLINATION FORM NOT REQUIRED. A public
34-26 library is not required to comply with the procedures prescribed by
34-27 this chapter relating to the form for a declination of voter
35-1 registration.
35-2 (Sections 20.094-20.120 reserved for expansion
35-3 SUBCHAPTER E. MARRIAGE LICENSE OFFICE
35-4 Sec. 20.121. APPLICABILITY OF OTHER PROVISIONS. The other
35-5 provisions of this chapter do not apply to a marriage license
35-6 office of the county clerk unless expressly provided otherwise by
35-7 the other provision or by rule of the secretary of state.
35-8 Sec. 20.122. REGISTRATION PROCEDURES. (a) When an original
35-9 marriage license is returned to the licensees after being recorded,
35-10 the county clerk shall also deliver to the licensees by mail two
35-11 voter registration application forms.
35-12 (b) The county clerk shall use the official form prescribed
35-13 by the secretary of state.
35-14 (c) The application forms must be accompanied by a notice
35-15 informing the licensees that the applications may be submitted in
35-16 person or by mail to the voter registrar of the county in which
35-17 they reside or in person to a volunteer deputy registrar for
35-18 delivery to the voter registrar of the county in which they reside.
35-19 (d) The county clerk may maintain a written record
35-20 indicating that a registration application was delivered to a
35-21 licensee.
35-22 Sec. 20.123. DECLINATION FORM NOT REQUIRED. The county
35-23 clerk is not required to comply with the procedures prescribed by
35-24 this chapter relating to the form for a declination of voter
35-25 registration.
35-26 SECTION 34. Section 31.002(d), Election Code, is amended to
35-27 read as follows:
36-1 (d) An authority having administrative duties under this
36-2 code shall use an official form in performing the administrative
36-3 functions, except in an emergency in which an official form is
36-4 unavailable or as otherwise provided by this code. Other persons
36-5 are not required to use an official form unless expressly required
36-6 to do so by this code.
36-7 SECTION 35. Subchapter A, Chapter 31, Election Code, is
36-8 amended by adding Section 31.007 to read as follows:
36-9 Sec. 31.007. SUSPENSION OF PROVISIONS IMPLEMENTING NATIONAL
36-10 VOTER REGISTRATION ACT. (a) If under federal law, order,
36-11 regulation, or other official action the National Voter
36-12 Registration Act of 1993 is not required to be implemented or
36-13 enforced in whole or in part, an affected state law or rule is
36-14 suspended to the extent that the law or rule was enacted or adopted
36-15 to implement that Act, and it is the intent of the legislature that
36-16 the applicable law in effect immediately before the enactment or
36-17 adoption be reinstated and continued in effect pending enactment of
36-18 corrective state legislation.
36-19 (b) On a finding by the secretary of state that a suspension
36-20 of a law or rule has occurred under Subsection (a), the secretary
36-21 may modify applicable procedures as necessary to give effect to the
36-22 suspension and to reinstatement of the procedures of the former
36-23 law.
36-24 (c) The secretary of state may adopt rules to implement this
36-25 section as necessary.
36-26 SECTION 36. Section 42.006, Election Code, is amended by
36-27 adding Subsection (e) to read as follows:
37-1 (e) In computing a number of registered voters under this
37-2 section, voters whose names appear on the list of registered voters
37-3 with the notation "S", or a similar notation, shall be excluded.
37-4 SECTION 37. Section 51.005, Election Code, is amended to
37-5 read as follows:
37-6 Sec. 51.005. Number of Ballots. (a) The authority
37-7 responsible for procuring the election supplies for an election
37-8 shall provide for each election precinct a number of ballots equal
37-9 to at least the percentage of voters who voted in that precinct in
37-10 the most recent corresponding election plus 25 percent of that
37-11 number, except that the number of ballots provided may not exceed
37-12 the total number of registered voters in the precinct.
37-13 (b) In computing a number of registered voters under this
37-14 section, voters whose names appear on the list of registered voters
37-15 with the notation "S", or a similar notation, shall be excluded.
37-16 SECTION 38. Section 63.001(a), Election Code, is amended to
37-17 read as follows:
37-18 (a) Except as otherwise provided by this code, acceptance of
37-19 voters shall be conducted as provided by this section and Section
37-20 63.0011.
37-21 SECTION 39. Chapter 63, Election Code, is amended by adding
37-22 Section 63.0011 to read as follows:
37-23 Sec. 63.0011. STATEMENT OF RESIDENCE REQUIRED. (a) Before
37-24 a voter may be accepted for voting, an election officer shall ask
37-25 the voter if the voter's residence address on the precinct list of
37-26 registered voters is current and whether the voter has changed
37-27 residence within the county.
38-1 (b) If the voter's residence address is not current because
38-2 the voter has changed residence within the county, the voter may
38-3 vote, if otherwise eligible, in the election precinct in which the
38-4 voter is registered if the voter resides in the county in which the
38-5 voter is registered and, if applicable:
38-6 (1) resides in the political subdivision served by the
38-7 authority ordering the election if the political subdivision is
38-8 other than the county; or
38-9 (2) resides in the territory covered by the election
38-10 in a less-than-countywide election ordered by the governor or a
38-11 county authority.
38-12 (c) Before being accepted for voting, the voter must execute
38-13 and submit to an election officer a statement including:
38-14 (1) a statement that the voter satisfies the
38-15 applicable residence requirements prescribed by Subsection (b);
38-16 (2) the voter's residence address or, if the residence
38-17 has no address, the address at which the voter receives mail and a
38-18 concise description of the location of the voter's residence;
38-19 (3) the month, day, and year of the voter's birth; and
38-20 (4) the date the statement is submitted to the
38-21 election officer.
38-22 (d) The voter registrar shall provide to the general
38-23 custodian of election records a sufficient number of statements of
38-24 residence for use in each election.
38-25 (e) The voter registrar shall retain each statement of
38-26 residence on file with the voter's voter registration application.
38-27 SECTION 40. Section 66.0241, Election Code, is amended to
39-1 read as follows:
39-2 Sec. 66.0241. Contents of Envelope No. 4. Envelope no. 4
39-3 must contain:
39-4 (1) the precinct list of registered voters;
39-5 (2) the registration correction list;
39-6 (3) the registration omissions list;
39-7 (4) any statements of residence <or affidavits>
39-8 executed under Section 63.0011 <11.004 or 14.052>; and
39-9 (5) any affidavits executed under Section 63.007 or
39-10 63.010.
39-11 SECTION 41. Sections 86.002(a), (c), and (d), Election Code,
39-12 are amended to read as follows:
39-13 (a) The early voting clerk shall provide an official ballot
39-14 envelope and carrier envelope with each ballot provided to a voter.
39-15 If the voter's name appears on the list of registered voters with
39-16 the notation "S", or a similar notation, or the residence address
39-17 on the voter's early voting ballot application is not the same as
39-18 the voter's residence address on the list of registered voters <In
39-19 an election in which voters are authorized to vote on an affidavit
39-20 of residence under Section 14.052>, the clerk shall provide a form
39-21 for a statement of residence to the <each affected> voter.
39-22 (c) The clerk shall enter on a carrier envelope the voter's
39-23 name in printed form, a notation that a statement of residence is
39-24 enclosed, if applicable, and any other information the clerk
39-25 determines necessary for proper processing of the ballot.
39-26 (d) The secretary of state shall prescribe instructions to
39-27 be printed on the balloting materials for the execution and return
40-1 of a statement of residence. The instructions must include an
40-2 explanation of the circumstances under which the ballot must be
40-3 rejected with respect to the statement <A statement of residence
40-4 under this section is considered to be an affidavit of residence
40-5 for purposes of the other applicable provisions of this code>.
40-6 SECTION 42. Section 87.041(b), Election Code, is amended to
40-7 read as follows:
40-8 (b) A ballot may be accepted only if:
40-9 (1) the carrier envelope certificate is properly
40-10 executed;
40-11 (2) neither the voter's signature on the ballot
40-12 application nor the signature on the carrier envelope certificate
40-13 is determined to have been executed by a person other than the
40-14 voter, unless signed by a witness;
40-15 (3) the voter's ballot application states a legal
40-16 ground for early voting by mail;
40-17 (4) the voter is registered to vote, if registration
40-18 is required by law; <and>
40-19 (5) the address to which the ballot was mailed to the
40-20 voter, as indicated by the <his> application, was outside the
40-21 voter's county of residence, if the ground for early voting is
40-22 absence from the county of residence; and
40-23 (6) for a voter to whom a statement of residence form
40-24 was required to be sent under Section 86.002(a), the statement of
40-25 residence is returned in the carrier envelope and indicates that
40-26 the voter satisfies the residence requirements prescribed by
40-27 Section 63.0011.
41-1 SECTION 43. Chapter 277, Election Code, is amended by adding
41-2 Section 277.0024 to read as follows:
41-3 Sec. 277.0024. COMPUTING NUMBER OF SIGNATURES. If the
41-4 minimum number of signatures required for a petition is determined
41-5 by a computation applied to the number of registered voters of a
41-6 particular territory, voters whose names appear on the list of
41-7 registered voters with the notation "S", or a similar notation,
41-8 shall be excluded from the computation.
41-9 SECTION 44. The following provisions in the Election Code
41-10 are repealed:
41-11 (1) Subchapter B-1, Chapter 13;
41-12 (2) Sections 14.024-14.027; and
41-13 (3) Subchapter C, Chapter 14.
41-14 SECTION 45. This Act takes effect September 1, 1995.
41-15 SECTION 46. The importance of this legislation and the
41-16 crowded condition of the calendars in both houses create an
41-17 emergency and an imperative public necessity that the
41-18 constitutional rule requiring bills to be read on three several
41-19 days in each house be suspended, and this rule is hereby suspended.