1-1 By: Danburg, et al. (Senate Sponsor - Ellis) H.B. No. 127
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on State
1-4 Affairs; May 22, 1995, reported favorably by the following vote:
1-5 Yeas 10, Nays 0; May 22, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to implementation of the National Voter Registration Act
1-9 of 1993 and to related election processes and procedures; providing
1-10 criminal penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 11.004, Election Code, is amended to read
1-13 as follows:
1-14 Sec. 11.004. Voting in Precinct of Former Residence. <(a)>
1-15 A registered voter who changes residence to another election
1-16 precinct in the same county, if otherwise eligible, may vote a full
1-17 ballot in the election precinct of former residence <for one year
1-18 after the date of the change of residence or> until the voter's
1-19 registration becomes effective in the new precinct<, whichever is
1-20 earlier,> if the voter satisfies the residence requirements
1-21 prescribed by Section 63.0011 and submits a statement of residence
1-22 in accordance with that section <resides in the county in which the
1-23 voter is registered and, if applicable:>
1-24 <(1) resides in the political subdivision served by
1-25 the authority ordering the election if the political subdivision is
1-26 other than the county; or>
1-27 <(2) resides in the territory covered by the election
1-28 in a less-than-countywide election ordered by the governor or a
1-29 county authority.>
1-30 <(b) Before being accepted to vote, the voter must execute
1-31 and submit to an election officer at the polling place a statement
1-32 including:>
1-33 <(1) a statement that the voter complies with the
1-34 applicable residence requirements prescribed by Subsection (a);>
1-35 <(2) the voter's residence address or, if the
1-36 residence has no address, the address at which the voter receives
1-37 mail and a concise description of the location of the voter's
1-38 residence;>
1-39 <(3) the month, day, and year of the voter's birth;
1-40 and>
1-41 <(4) the date the statement is submitted to the
1-42 election officer.>
1-43 <(c) The voter registrar shall provide to the general
1-44 custodian of election records a suitable number of statements of
1-45 residence for use in each applicable election.>
1-46 <(d) The voter registrar shall retain each statement of
1-47 residence on file with the voter's registration application>.
1-48 SECTION 2. Sections 13.002(c) and (d), Election Code, are
1-49 amended to read as follows:
1-50 (c) A registration application must include:
1-51 (1) the applicant's <name as follows:>
1-52 <(A)> first name, middle name, if any, last
1-53 name, and former name, if any <surname; or>
1-54 <(B) first name, maiden name, and husband's
1-55 surname if the applicant is a married woman using the husband's
1-56 surname>;
1-57 (2) <the applicant's sex;>
1-58 <(3)> the month, day, and year of the applicant's
1-59 birth;
1-60 (3) <(4)> a statement that the applicant is a United
1-61 States citizen;
1-62 (4) <(5) if the applicant is a naturalized citizen,
1-63 the location of the court of naturalization;>
1-64 <(6)> a statement that the applicant is a resident of
1-65 the county;
1-66 (5) a statement that the applicant has not been
1-67 determined mentally incompetent by a final judgment of a court;
1-68 (6) <(7)> a statement that the applicant has not been
2-1 finally convicted of a felony or that the applicant is a felon
2-2 eligible for registration under Section 13.001;
2-3 (7) <(8) if the applicant is currently registered in
2-4 another county, the name of that county and the applicant's
2-5 residence address on the registration certificate for that county;>
2-6 <(9)> the applicant's residence address or, if the
2-7 residence has no address, the address at which the applicant
2-8 receives mail and a concise description of the location of the
2-9 applicant's residence;
2-10 (8) <(10)> if the application is made by an agent, a
2-11 statement of the agent's relationship to the applicant; and
2-12 (9) <(11)> the city and <or> county <and state, or
2-13 foreign country,> in which the applicant formerly resided <was
2-14 born>.
2-15 (d) The omission of the applicant's middle or former
2-16 <maiden> name under Subsection (c)(1) or the applicant's zip code
2-17 under Subsection (c)(7)<(8) or (9)> does not affect the validity of
2-18 a registration application, and the registrar may not reject the
2-19 application because of that omission.
2-20 SECTION 3. Section 13.007, Election Code, is amended by
2-21 adding Subsection (c) to read as follows:
2-22 (c) For purposes of this code, an offense under this section
2-23 is considered to be perjury, but may be prosecuted only under this
2-24 section.
2-25 SECTION 4. Sections 13.046(d) and (f), Election Code, are
2-26 amended to read as follows:
2-27 (d) At least twice <During the final month of> each school
2-28 year <semester>, a high school deputy registrar shall distribute an
2-29 officially prescribed registration application form to each student
2-30 who is or will be 18 years of age or older during that year,
2-31 subject to rules prescribed by the secretary of state <semester>.
2-32 (f) Except as provided by this subsection, Sections 13.039,
2-33 <13.040,> 13.041, and 13.042 apply to the submission and delivery
2-34 of registration applications under this section, and for that
2-35 purpose, "volunteer deputy registrar" in those sections includes a
2-36 high school deputy registrar. A high school deputy registrar may
2-37 review an application for completeness out of the applicant's
2-38 presence. A deputy may deliver a group of applications to the
2-39 registrar by mail in an envelope or package, and, for the purpose
2-40 of determining compliance with the delivery deadline, an
2-41 application delivered by mail is considered to be delivered at the
2-42 time of its receipt by the registrar.
2-43 SECTION 5. Subchapter D, Chapter 13, Election Code, is
2-44 amended by adding Section 13.104 to read as follows:
2-45 Sec. 13.104. OPTIONAL STORAGE METHOD. (a) Instead of
2-46 keeping the original registration applications and supporting
2-47 documentation as required by this title, the registrar may record
2-48 the applications and documentation on an optical disk or other
2-49 computer storage medium approved by the secretary of state.
2-50 (b) The storage medium must allow for the creation of a copy
2-51 of an application or supporting documentation.
2-52 (c) The secretary of state shall prescribe any procedures
2-53 necessary to implement this section.
2-54 SECTION 6. Section 13.122(a), Election Code, is amended to
2-55 read as follows:
2-56 (a) In addition to the other statements and spaces for
2-57 entering information that appear on an officially prescribed
2-58 registration application form, each official form must include:
2-59 (1) the statement: "<Applicant is a United States
2-60 citizen and a resident of the county and has not been finally
2-61 convicted of a felony or is a felon eligible for registration under
2-62 Section 13.001, Election Code.> I understand that giving false
2-63 information to procure a voter registration is perjury and a crime
2-64 under state and federal law <a misdemeanor>.";
2-65 (2) a space for the applicant's registration number;
2-66 (3) a space for the applicant's Texas driver's license
2-67 number or number of a personal identification card issued by the
2-68 Department of Public Safety;
2-69 (4) a space for the applicant's telephone number;
2-70 (5) a space for the applicant's social security
3-1 number; <and>
3-2 (6) a space for the applicant's sex;
3-3 (7) a statement indicating that the furnishing of the
3-4 applicant's driver's license number, personal identification card
3-5 number, telephone number, <and> social security number, and sex is
3-6 optional;
3-7 (8) a statement that if the applicant declines to
3-8 register to vote, that fact will remain confidential and will be
3-9 used only for voter registration purposes;
3-10 (9) a statement that if the applicant does register to
3-11 vote, information regarding the agency or office to which the
3-12 application is submitted will remain confidential and will be used
3-13 only for voter registration purposes; and
3-14 (10) any other voter registration information required
3-15 by federal law or considered appropriate and required by the
3-16 secretary of state.
3-17 SECTION 7. Subchapter F, Chapter 13, Election Code, is
3-18 amended by adding Section 13.146 to read as follows:
3-19 Sec. 13.146. CONFIRMATION NOTICE ON RETURN OF INITIAL
3-20 CERTIFICATE. (a) If an initial certificate delivered to the
3-21 applicant by mail is returned to the registrar undelivered, the
3-22 registrar shall promptly deliver to the applicant a confirmation
3-23 notice in accordance with Section 15.051.
3-24 (b) If the applicant fails to deliver a response to the
3-25 registrar in accordance with Section 15.053, the registrar shall
3-26 enter the applicant's name on the suspense list.
3-27 SECTION 8. Section 14.001(a), Election Code, is amended to
3-28 read as follows:
3-29 (a) On or after November 15 but before December 6 of each
3-30 odd-numbered year, the registrar shall issue a voter registration
3-31 certificate to each voter in the county whose registration is
3-32 effective on the preceding November 14 and whose name does not
3-33 appear on the suspense list.
3-34 SECTION 9. Sections 14.021, 14.022, and 14.023, Election
3-35 Code, are amended to read as follows:
3-36 Sec. 14.021. <LIST OF RETURNED CERTIFICATES. (a) The
3-37 registrar shall maintain a list of the renewal certificates mailed
3-38 to voters and returned undelivered.>
3-39 <(b) The list shall be arranged alphabetically by voter name
3-40 and for each certificate must contain the voter's name, residence
3-41 address, date of birth, and registration number. The names shall
3-42 be grouped according to county election precincts.>
3-43 <(c) The registrar shall retain the list for two years after
3-44 the last day of each mailing of renewal certificates.>
3-45 <Sec. 14.022.> DISPOSITION OF RETURNED RENEWAL CERTIFICATE.
3-46 On the return to the registrar of an undelivered renewal
3-47 certificate that was mailed to a voter <to the registrar>, the
3-48 registrar shall file the certificate with the voter's registration
3-49 application and, not later than January 2 following the mailing of
3-50 certificates, enter the voter's name <appropriate information> on
3-51 the suspense list <of returned certificates>.
3-52 Sec. 14.022 <14.023>. Erroneous Return of Renewal
3-53 Certificate. If the registrar determines that a voter's renewal
3-54 certificate was returned undelivered solely because of postal
3-55 service error, address reclassification, or the registrar's
3-56 clerical error, the registrar shall delete the voter's name from
3-57 the suspense list <of returned certificates>, make any other
3-58 appropriate corrections in the registration records, and deliver
3-59 the certificate to the voter.
3-60 Sec. 14.023. CONFIRMATION NOTICE AFTER RETURN OF RENEWAL
3-61 CERTIFICATE. (a) After January 1 but not later than March 1 of
3-62 each even-numbered year, the registrar shall deliver a confirmation
3-63 notice in accordance with Section 15.051 to each voter whose name
3-64 appears on the suspense list under this subchapter.
3-65 (b) If the voter fails to deliver a response to the
3-66 registrar in accordance with Section 15.053, the voter's name
3-67 remains on the suspense list.
3-68 SECTION 10. Section 15.001(a), Election Code, is amended to
3-69 read as follows:
3-70 (a) Each voter registration certificate issued must contain:
4-1 (1) the voter's name;
4-2 (2) the voter's residence address or, if the residence
4-3 has no address, the address at which the voter receives mail and a
4-4 concise description of the location of the voter's residence;
4-5 (3) the month, day, and year of the voter's birth <and
4-6 the voter's sex>;
4-7 (4) the number of the county election precinct in
4-8 which the voter resides;
4-9 (5) the voter's effective date of registration if an
4-10 initial certificate;
4-11 (6) the voter's registration number;
4-12 (7) an indication of the period for which the
4-13 certificate is issued;
4-14 (8) a statement explaining the circumstances under
4-15 which <that> the voter will receive a new certificate <every two
4-16 years as long as the voter's registration is not canceled>;
4-17 (9) a space for stamping the voter's political party
4-18 affiliation;
4-19 (10) a statement that voting with the certificate by a
4-20 person other than the person in whose name the certificate is
4-21 issued is a felony;
4-22 (11) a space for the voter's signature;
4-23 (12) a statement that the voter must sign the
4-24 certificate personally, if able to sign, immediately on receipt;
4-25 (13) a space for the voter to correct the information
4-26 on the certificate followed by a signature line;
4-27 (14) the statement: "If any information on this
4-28 certificate changes or is incorrect, correct the information in the
4-29 space provided, sign below, and return this certificate to the
4-30 voter registrar."; and
4-31 (15) the registrar's mailing address and telephone
4-32 number.
4-33 SECTION 11. Section 15.002, Election Code, is amended by
4-34 adding Subsection (d) to read as follows:
4-35 (d) A voter registration certificate may contain the voter's
4-36 sex.
4-37 SECTION 12. Section 15.022(a), Election Code, is amended to
4-38 read as follows:
4-39 (a) The registrar shall make the appropriate corrections in
4-40 the registration records, including, if necessary, deleting a
4-41 voter's name from the suspense list <of returned certificates>:
4-42 (1) after receipt of a notice of a change in
4-43 registration information under Section 15.021;
4-44 (2) after receipt of a voter's reply to a notice of
4-45 investigation given under Section 16.033;
4-46 (3) after receipt of a registration omissions list and
4-47 any affidavits executed under Section 63.007, following an
4-48 election;
4-49 (4) after receipt of a voter's statement <or
4-50 affidavit> of residence executed under Section 63.0011 <11.004 or
4-51 14.052>;
4-52 (5) before the effective date of the abolishment of a
4-53 county election precinct or a change in its boundary; <or>
4-54 (6) after receipt of United States Postal Service
4-55 information indicating an address reclassification;
4-56 (7) after receipt of a voter's response under Section
4-57 15.053; or
4-58 (8) after receipt of a registration application or
4-59 change of address under Chapter 20.
4-60 SECTION 13. Section 15.023, Election Code, is amended to
4-61 read as follows:
4-62 Sec. 15.023. TIME FOR CERTAIN DELETIONS FROM SUSPENSE LIST
4-63 <OF RETURNED CERTIFICATES>. If the name of a voter whose residence
4-64 is changed on the registration records to another county election
4-65 precinct in the same county appears on the suspense list <of
4-66 returned certificates>, the voter's name shall be deleted from the
4-67 list on the date the voter's registration in the precinct of new
4-68 residence becomes effective.
4-69 SECTION 14. Section 15.025, Election Code, is amended to
4-70 read as follows:
5-1 Sec. 15.025. Effective Date of Registration in Precinct of
5-2 New Residence. The registration of a voter whose residence is
5-3 changed on the registration records to another county election
5-4 precinct in the same county becomes effective in the precinct of
5-5 new residence on the 30th day after:
5-6 (1) the date the registrar receives a notice of a
5-7 change in registration information under Section 15.021 or a
5-8 voter's response <reply to a notice of investigation given> under
5-9 Section 15.053 <16.033, as applicable>, indicating the change of
5-10 residence; or
5-11 (2) the date the voter submits a statement <or an
5-12 affidavit indicating the change> of residence to an election
5-13 officer under Section 63.0011 or a registration application or
5-14 change of address to an agency employee under Chapter 20,
5-15 indicating the change of residence <11.004 or 14.052>.
5-16 SECTION 15. Chapter 15, Election Code, is amended by
5-17 redesignating Subchapter C as Subchapter F and adding Subchapters
5-18 C-E to read as follows:
5-19 SUBCHAPTER C. CONFIRMATION OF RESIDENCE
5-20 Sec. 15.051. CONFIRMATION NOTICE. (a) If the registrar has
5-21 reason to believe that a voter's current residence is different
5-22 from that indicated on the registration records, the registrar
5-23 shall deliver to the voter a written confirmation notice requesting
5-24 confirmation of the voter's current residence.
5-25 (b) The registrar shall include an official confirmation
5-26 notice response form with each confirmation notice delivered to a
5-27 voter.
5-28 (c) The confirmation notice shall be delivered by
5-29 forwardable mail to the voter's last known address.
5-30 (d) The registrar shall maintain a list of the confirmation
5-31 notices mailed to voters, which for each notice must include the
5-32 voter's name and the date the notice is mailed. The registrar
5-33 shall maintain and retain the list in accordance with rules
5-34 prescribed by the secretary of state.
5-35 Sec. 15.052. OFFICIAL CONFIRMATION NOTICE AND CONFIRMATION
5-36 NOTICE RESPONSE FORMS. (a) The officially prescribed form for a
5-37 confirmation notice must include:
5-38 (1) a statement that, if the voter fails to deliver to
5-39 the registrar a written, signed response confirming the voter's
5-40 current residence on or before the 30th day after the date the
5-41 confirmation notice is mailed:
5-42 (A) the voter is subject to submission of a
5-43 statement of residence before the voter may be accepted for voting
5-44 in an election held after that deadline; or
5-45 (B) for a notice delivered under Section 14.023,
5-46 the voter will remain subject to submission of a statement of
5-47 residence before the voter may be accepted for voting in an
5-48 election; and
5-49 (2) a warning that the voter's registration is subject
5-50 to cancellation if the voter fails to confirm the voter's current
5-51 residence either by notifying the registrar in writing or voting on
5-52 a statement of residence before November 30 following the second
5-53 general election for state and county officers that occurs after
5-54 the date the confirmation notice is mailed.
5-55 (b) The official confirmation notice response form must be
5-56 postage prepaid and preaddressed for delivery to the registrar.
5-57 (c) The registrar may prescribe a different design from that
5-58 prescribed by the secretary of state for an official form, if
5-59 approved by the secretary.
5-60 Sec. 15.053. RESPONSE TO CONFIRMATION NOTICE. (a) Not
5-61 later than the 30th day after the date a confirmation notice is
5-62 mailed, the voter shall deliver to the registrar a written, signed
5-63 response to the notice that confirms the voter's current residence.
5-64 (b) The voter shall use an official confirmation notice
5-65 response form for the response unless the voter does not have
5-66 possession of the official form at the time of making the response.
5-67 (c) The registrar shall retain the response on file with the
5-68 voter's registration application.
5-69 (Sections 15.054-15.080 reserved for expansion
5-70 SUBCHAPTER D. SUSPENSE LIST
6-1 Sec. 15.081. SUSPENSE LIST. (a) The registrar shall
6-2 maintain a suspense list containing the name of each voter who
6-3 fails to deliver a response to the registrar in accordance with
6-4 Section 15.053 or whose renewal certificate is returned to the
6-5 registrar in accordance with Subchapter B, Chapter 14.
6-6 (b) The list shall be arranged alphabetically by voter name
6-7 and for each voter must contain the voter's name, residence
6-8 address, date of birth, registration number, and date the name is
6-9 entered on the list. The names shall be grouped according to
6-10 county election precincts.
6-11 (c) The secretary of state may prescribe an alternative form
6-12 or procedure for maintaining the list.
6-13 Sec. 15.082. AVAILABILITY OF REGISTRAR'S LIST. (a) The
6-14 registrar shall furnish a copy of the suspense list to any person
6-15 requesting it or shall furnish that portion of the list requested.
6-16 (b) The fee for each list or portion of a list furnished
6-17 under this section may not exceed the actual expense incurred in
6-18 reproducing the list or portion for the person requesting it and
6-19 shall be uniform for each type of copy furnished. The registrar
6-20 shall make reasonable efforts to minimize the reproduction
6-21 expenses.
6-22 (c) If the list is recorded on magnetic tape, the copy shall
6-23 be furnished in the form of a tape or a printout, as requested.
6-24 (d) The registrar shall use fees collected under this
6-25 section to defray expenses incurred in the preparation of the copy.
6-26 Sec. 15.083. DELIVERY OF LIST TO SECRETARY OF STATE.
6-27 (a) The secretary of state may require the registrar to deliver a
6-28 copy of the suspense list to the secretary in the form prescribed
6-29 by the secretary.
6-30 (b) The registrar shall deliver the list within the period
6-31 prescribed by the secretary of state.
6-32 Sec. 15.084. AVAILABILITY OF SECRETARY OF STATE'S LIST.
6-33 (a) The secretary of state shall furnish a copy of a suspense list
6-34 delivered under Section 15.083 to any person requesting it or shall
6-35 furnish that portion of the list requested.
6-36 (b) The fee for each list or portion of a list furnished
6-37 under this section may not exceed the actual expense incurred in
6-38 reproducing the list or portion for the person requesting it and
6-39 shall be uniform for each type of copy furnished.
6-40 (c) The copy shall be furnished in the form in which the
6-41 list is stored or, if practicable, in any other form requested.
6-42 (d) The secretary of state shall use fees collected under
6-43 this section to defray expenses incurred in the preparation of the
6-44 copy.
6-45 Sec. 15.085. UNLAWFUL USE OF INFORMATION ON SUSPENSE LISTS.
6-46 (a) A person commits an offense if the person uses information in
6-47 connection with advertising or promoting commercial products or
6-48 services that the person knows was obtained under Section 15.082 or
6-49 15.084.
6-50 (b) An offense under this section is a Class A misdemeanor.
6-51 (Sections 15.086-15.110 reserved for expansion
6-52 SUBCHAPTER E. VOTING ON STATEMENT OF RESIDENCE
6-53 Sec. 15.111. NOTATION ON LIST OF REGISTERED VOTERS. (a)
6-54 The registrar shall enter the notation "S", or a similar notation
6-55 approved by the secretary of state, on the list of registered
6-56 voters beside each voter's name that also appears on the suspense
6-57 list.
6-58 (b) The registrar shall delete the notation from the list if
6-59 the voter's name is deleted from the suspense list.
6-60 Sec. 15.112. AUTHORIZATION TO VOTE ON STATEMENT. In an
6-61 election held on or after the date the voter's name is entered on
6-62 the suspense list and before November 30 following the second
6-63 general election for state and county officers that occurs after
6-64 the beginning of the period, a voter whose name appears on a
6-65 precinct list of registered voters with the notation "S", or a
6-66 similar notation, may vote in the election precinct in which the
6-67 list is used if the voter satisfies the residence requirements
6-68 prescribed by Section 63.0011 and submits a statement of residence
6-69 in accordance with that section.
6-70 (Sections 15.113-15.140 reserved for expansion
7-1 SUBCHAPTER F <C>. CERTIFICATE FILES
7-2 Sec. 15.141 <15.051>. Active Certificate File. (a) The
7-3 registrar shall maintain a file containing the duplicate initial
7-4 registration certificates of voters whose registrations are
7-5 effective.
7-6 (b) The registrar shall maintain the file in numerical order
7-7 by registration number on a countywide basis.
7-8 (c) Each certificate shall be retained on file during the
7-9 time the registration is effective.
7-10 Sec. 15.142 <15.052>. Inactive Certificate File. (a) The
7-11 registrar shall maintain a file containing the duplicate initial
7-12 registration certificates of voters whose registrations have been
7-13 canceled.
7-14 (b) The registrar shall maintain the file in numerical order
7-15 by registration number on a countywide basis for each voting year.
7-16 (c) Each certificate shall be retained on file for two years
7-17 after the date of cancellation.
7-18 Sec. 15.143 <15.053>. Maintenance of Files as Electronic
7-19 Data-Processing Information. The registrar may maintain the active
7-20 or inactive certificate file as information stored in a form
7-21 suitable for use with electronic data-processing equipment. After
7-22 the appropriate information is stored, the registrar may destroy or
7-23 otherwise dispose of a duplicate certificate.
7-24 Sec. 15.144 <15.054>. Place for Keeping Files; Security.
7-25 (a) The registration certificate files maintained under this
7-26 subchapter shall be kept in the registrar's office at all times in
7-27 a place and manner ensuring their security.
7-28 (b) Certificates may be removed from the registrar's office
7-29 temporarily, in a manner ensuring their security, for use in
7-30 preparing registration certificates, lists of registered voters,
7-31 and other registration documents by electronic data-processing
7-32 methods.
7-33 SECTION 16. Section 16.031(a), Election Code, is amended to
7-34 read as follows:
7-35 (a) The registrar shall cancel a voter's registration
7-36 immediately on receipt of:
7-37 (1) notice under Section 13.072(b) or 15.021 or a
7-38 response under Section 15.053 that the voter's residence is outside
7-39 the county;
7-40 (2) an abstract of the voter's death certificate under
7-41 Section 16.001(a) or an abstract of an application indicating that
7-42 the voter is deceased under Section 16.001(b);
7-43 (3) an abstract of a final judgment of the voter's
7-44 mental incompetence, conviction of a felony, or disqualification
7-45 under Section 16.002, 16.003, or 16.004;
7-46 (4) notice under Section 112.012 that the voter has
7-47 applied for a limited ballot in another county; or
7-48 (5) notice from a voter registration official in
7-49 another state that the voter has registered to vote outside this
7-50 state.
7-51 SECTION 17. Section 16.032, Election Code, is amended to
7-52 read as follows:
7-53 Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST
7-54 PERIOD <RETURN OF RENEWAL CERTIFICATE>. If on November 30
7-55 following the second general election for state and county officers
7-56 that occurs after the date the voter's name is entered on the
7-57 suspense list <August 16 of an even-numbered year> a registered
7-58 voter's name appears on the suspense list <of returned
7-59 certificates>, the registrar shall cancel the voter's registration
7-60 unless the name is to be deleted from the list under Section
7-61 15.023.
7-62 SECTION 18. Sections 16.033(a), (b), (c), and (e), Election
7-63 Code, are amended to read as follows:
7-64 (a) The registrar may use any lawful means to investigate
7-65 whether a registered <voter's current residence is different from
7-66 the residence indicated on the registration records or whether a>
7-67 voter is currently eligible for registration in the county. This
7-68 section does not authorize an investigation of eligibility that is
7-69 based solely on residence.
7-70 (b) If the registrar has reason to believe that a <voter's
8-1 current residence is different from that indicated on the
8-2 registration records or that the> voter is no longer eligible for
8-3 registration, the registrar shall deliver written notice to the
8-4 voter indicating that the voter's registration status is being
8-5 investigated by the registrar. The notice shall be delivered by
8-6 forwardable mail to the mailing address on the voter's registration
8-7 application and to any new address of the voter known to the
8-8 registrar.
8-9 (c) The notice must include:
8-10 (1) a request for <verification of the voter's current
8-11 residence or a request for other> information relevant to
8-12 determining the voter's eligibility for registration; and
8-13 (2) a warning that the voter's registration is subject
8-14 to cancellation if the registrar does not receive an appropriate
8-15 reply on or before the 60th day after the date the notice is
8-16 mailed.
8-17 (e) A voter's registration may not be canceled under
8-18 Subsection (d) if the voter's name appears on the suspense list <of
8-19 returned certificates> unless the notice mailed to the voter
8-20 indicated that the registrar had reason to believe that the voter
8-21 is not eligible for registration because of a ground other than a
8-22 ground based on <change of> residence <to a place outside the
8-23 county or for some other reason>.
8-24 SECTION 19. Subchapter B, Chapter 16, Election Code, is
8-25 amended by adding Section 16.0331 to read as follows:
8-26 Sec. 16.0331. CANCELLATION ON REQUEST BY VOTER. (a) A
8-27 voter desiring to cancel the voter's registration must submit to
8-28 the registrar a written, signed request for the cancellation. A
8-29 request may not be submitted by an agent.
8-30 (b) The registrar shall cancel a voter's registration
8-31 immediately on receipt of a request under Subsection (a).
8-32 (c) The registrar shall retain the request on file with the
8-33 voter's registration application.
8-34 SECTION 20. Section 16.036(a), Election Code, is amended to
8-35 read as follows:
8-36 (a) Immediately after cancellation of a voter's registration
8-37 under Section 16.031(a)(3), <or> 16.033, or 16.0331, the registrar
8-38 shall deliver written notice of the cancellation to the voter.
8-39 SECTION 21. Section 16.037(b), Election Code, is amended to
8-40 read as follows:
8-41 (b) If, after canceling a voter's registration under Section
8-42 16.032, the registrar receives a statement <an affidavit> of
8-43 residence executed by the voter under Section 63.0011 <14.052> at
8-44 an election held before the date the voter's registration was
8-45 required to be canceled, the registrar shall reinstate the
8-46 registration.
8-47 SECTION 22. Section 16.091, Election Code, is amended to
8-48 read as follows:
8-49 Sec. 16.091. Right to Challenge Registration. Except as
8-50 otherwise provided by this subchapter, a <A> registered voter may
8-51 challenge the registration of another voter of the same county at a
8-52 hearing before the registrar.
8-53 SECTION 23. Subchapter D, Chapter 16, Election Code, is
8-54 amended by adding Section 16.0921 to read as follows:
8-55 Sec. 16.0921. CONFIRMATION NOTICE ON CHALLENGE BASED ON
8-56 RESIDENCE. (a) On the filing of a sworn statement under Section
8-57 16.092 alleging a ground based on residence, the registrar shall
8-58 promptly deliver to the voter whose registration is challenged a
8-59 confirmation notice in accordance with Section 15.051.
8-60 (b) If the voter fails to deliver a response to the
8-61 registrar in accordance with Section 15.053, the registrar shall
8-62 enter the voter's name on the suspense list.
8-63 SECTION 24. Section 16.093(a), Election Code, is amended to
8-64 read as follows:
8-65 (a) On the filing of a sworn statement under Section 16.092
8-66 alleging a ground other than residence, the registrar shall
8-67 schedule a hearing on the challenge. The hearing procedure does
8-68 not apply to an allegation of a ground based on residence.
8-69 SECTION 25. Section 18.005(a), Election Code, is amended to
8-70 read as follows:
9-1 (a) Each original and supplemental list of registered voters
9-2 must:
9-3 (1) contain the voter's name, residence address,
9-4 <sex,> date of birth, and registration number; <and>
9-5 (2) be arranged alphabetically by voter name; and
9-6 (3) contain the notation required by Section 15.111.
9-7 SECTION 26. Section 18.008(a), Election Code, is amended to
9-8 read as follows:
9-9 (a) The registrar shall furnish a copy of any list prepared
9-10 under this subchapter to any person requesting it. The copy shall
9-11 be furnished without the names of voters whose names appear on a
9-12 list with the notation "S", or a similar notation, if requested in
9-13 that form.
9-14 SECTION 27. Section 18.041, Election Code, is amended to
9-15 read as follows:
9-16 Sec. 18.041. Annual Registration Statement. (a) Each
9-17 voting year, the registrar shall prepare a written statement of the
9-18 number of persons whose voter registrations in the county and in
9-19 each county election precinct <whose voter registrations> will be
9-20 effective on January 1.
9-21 (b) The secretary of state shall prescribe the categories of
9-22 voters and computations required in the statement.
9-23 (c) The registrar shall retain a copy of the statement on
9-24 file as a registration record for two years.
9-25 (d) <(c)> The registrar shall file the statement with the
9-26 secretary of state not later than January 2.
9-27 (e) <(d)> The secretary of state shall retain the statement
9-28 on file for two years.
9-29 SECTION 28. Section 18.042, Election Code, is amended to
9-30 read as follows:
9-31 Sec. 18.042. Preelection Registration Statement. (a) Not
9-32 later than the 20th day before the date of the general primary
9-33 election and the date of the general election for state and county
9-34 officers, the registrar shall file with the secretary of state a
9-35 statement of the number of persons whose voter registrations in the
9-36 county and in each county election precinct will be effective on
9-37 election day.
9-38 (b) The secretary of state shall prescribe the categories of
9-39 voters and computations required in the statement.
9-40 SECTION 29. Subchapter B, Chapter 18, Election Code, is
9-41 amended by adding Section 18.043 to read as follows:
9-42 Sec. 18.043. STATEMENT REQUIRED UNDER FEDERAL LAW. (a) At
9-43 the times prescribed by the secretary of state, the registrar shall
9-44 deliver to the secretary a statement containing the voter
9-45 registration information determined by the secretary to be
9-46 necessary to comply with reporting requirements prescribed under
9-47 federal law.
9-48 (b) The secretary of state shall prescribe the form,
9-49 content, and procedure for each statement required under this
9-50 section.
9-51 (c) The registrar shall maintain the information required
9-52 for the statements in accordance with procedures prescribed by the
9-53 secretary of state.
9-54 SECTION 30. Section 18.062(c), Election Code, is amended to
9-55 read as follows:
9-56 (c) The file must include each voter's:
9-57 (1) name;
9-58 (2) county of residence;
9-59 (3) county election precinct number;
9-60 (4) residence address or, if the residence has no
9-61 address, the address at which the voter receives mail;
9-62 (5) <sex;>
9-63 <(6)> date of birth; and
9-64 (6) <(7)> registration number.
9-65 SECTION 31. Section 18.063(a), Election Code, is amended to
9-66 read as follows:
9-67 (a) On or after the first day but before the 16th day of
9-68 January, March, June, September, and December <January 1 but before
9-69 January 16 and on or after September 1 but before September 16> of
9-70 each <even-numbered> year, each registrar of a county that has not
10-1 contracted with the secretary of state for electronic data services
10-2 to facilitate the implementation of the registration service
10-3 program shall deliver to the secretary of state a list containing
10-4 each new registration, canceled registration, and change in
10-5 registration information that has occurred in the county since the
10-6 delivery of the previous list under this subsection or Subsection
10-7 (b), as applicable.
10-8 SECTION 32. Section 19.004, Election Code, is amended to
10-9 read as follows:
10-10 Sec. 19.004. USE OF STATE FUNDS RESTRICTED. State funds
10-11 disbursed under this chapter may be used only to defray expenses of
10-12 the registrar's office in connection with voter registration,
10-13 including additional expenses related to implementation of the
10-14 National Voter Registration Act of 1993 (42 U.S.C. Section 1973gg
10-15 et seq.). The secretary of state shall specify the procedures that
10-16 result in additional expenses and that are required to implement
10-17 that federal law.
10-18 SECTION 33. Title 2, Election Code, is amended by adding
10-19 Chapter 20 to read as follows:
10-20 CHAPTER 20. VOTER REGISTRATION AGENCIES
10-21 SUBCHAPTER A. GENERAL PROVISIONS
10-22 Sec. 20.001. DESIGNATION OF VOTER REGISTRATION AGENCIES.
10-23 (a) The following state agencies are designated as voter
10-24 registration agencies:
10-25 (1) any agency or program that provides public
10-26 assistance, including:
10-27 (A) Texas Department of Human Services (AFDC
10-28 program, Medicaid program, food stamp program, programs for the
10-29 aged);
10-30 (B) Texas Department of Health (special
10-31 supplemental food program for women, infants, and children); and
10-32 (C) any other agency or program as determined by
10-33 the secretary of state;
10-34 (2) Texas Department of Mental Health and Mental
10-35 Retardation;
10-36 (3) Texas Commission for the Deaf and Hearing
10-37 Impaired;
10-38 (4) Texas School for the Deaf;
10-39 (5) Texas Commission for the Blind;
10-40 (6) Texas School for the Blind and Visually Impaired;
10-41 (7) Texas Rehabilitation Commission; and
10-42 (8) any other agency that provides a state-funded
10-43 program primarily engaged in providing services to persons with
10-44 disabilities, as determined by the secretary of state.
10-45 (b) The Department of Public Safety is designated as a voter
10-46 registration agency.
10-47 (c) Each public library, including any branch or other
10-48 service outlet, is designated as a voter registration agency. In
10-49 this chapter, "public library" means a library that:
10-50 (1) is regularly open for business for more than 30
10-51 hours a week;
10-52 (2) is operated by a single public agency or board;
10-53 (3) is open without charge to all persons under
10-54 identical conditions; and
10-55 (4) receives its financial support wholly or partly
10-56 from public funds.
10-57 (d) Each marriage license office of the county clerk is
10-58 designated as a voter registration agency.
10-59 (e) The secretary of state shall designate other agencies or
10-60 offices as voter registration agencies as necessary for compliance
10-61 with federal law.
10-62 Sec. 20.002. AGENCY-PRESCRIBED REGISTRATION APPLICATION
10-63 FORM. Instead of using the official voter registration application
10-64 form prescribed by the secretary of state, a voter registration
10-65 agency may use an official form prescribed by the agency, if
10-66 approved by the secretary of state.
10-67 Sec. 20.003. OFFICIAL DECLINATION OF REGISTRATION FORM. The
10-68 officially prescribed form for a declination of a voter
10-69 registration must include:
10-70 (1) spaces for the person's signature and printed name
11-1 and the date of signing;
11-2 (2) the following question, followed by appropriate
11-3 boxes preceding "YES" and "NO": "If you are not registered to vote
11-4 where you live now, would you like to apply to register to vote
11-5 here today?";
11-6 (3) if the agency provides public assistance, the
11-7 statement: "Applying to register or declining to register to vote
11-8 will not affect the amount of assistance that you will be provided
11-9 by this agency.";
11-10 (4) the statement: "IF YOU HAVE NOT CHECKED EITHER
11-11 BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE
11-12 AT THIS TIME.";
11-13 (5) the statement: "If you would like help filling
11-14 out the voter registration application form, we will help you. The
11-15 decision whether to seek or accept help is yours. You may fill out
11-16 the application form in private.";
11-17 (6) the statement: "If you believe that someone has
11-18 interfered with your right to register or to decline to register to
11-19 vote or with your right to privacy in deciding whether to register
11-20 or in applying to register to vote, you may file a complaint with
11-21 the Elections Division of the Office of the Secretary of State,
11-22 P.O. Box 12060, Austin, Texas 78711.";
11-23 (7) a statement that if the applicant declines to
11-24 register to vote, that fact will remain confidential and will be
11-25 used only for voter registration purposes;
11-26 (8) a statement that if the applicant does register to
11-27 vote, information regarding the agency or office to which the
11-28 application is submitted will remain confidential and will be used
11-29 only for voter registration purposes; and
11-30 (9) a space for indicating that the applicant refused
11-31 to sign the declination or kept the application to personally
11-32 submit it to the voter registrar.
11-33 Sec. 20.004. AGENCY COORDINATOR. (a) A voter registration
11-34 agency shall designate one or more persons to coordinate the
11-35 agency's voter registration program. The agency shall notify the
11-36 secretary of state of the name of each coordinator.
11-37 (b) The registration coordinator shall conduct training for
11-38 agency employees in voter registration procedures with the
11-39 assistance of the secretary of state.
11-40 (c) The agency shall submit to the secretary of state a plan
11-41 to implement voter registration procedures under this chapter.
11-42 Sec. 20.005. DEGREE OF ASSISTANCE. A voter registration
11-43 agency shall provide the same degree of assistance, including any
11-44 necessary bilingual assistance, to a person in completing a voter
11-45 registration form as is provided to a person in completing the
11-46 agency's forms, unless the assistance is refused.
11-47 Sec. 20.006. DETERMINATION OF ELIGIBILITY. (a) An employee
11-48 of a voter registration agency may not make a determination about a
11-49 person's eligibility for registration other than a determination of
11-50 whether the person is of voting age or is a United States citizen.
11-51 (b) A person's age or citizenship may be determined by the
11-52 employee only if the age or citizenship can be readily determined
11-53 from information filed with the agency by the person for purposes
11-54 other than voter registration.
11-55 (c) A person shall be offered voter registration assistance
11-56 as provided by this chapter even if the person's age or citizenship
11-57 cannot be determined.
11-58 Sec. 20.007. PROHIBITED ACTS. An employee of a voter
11-59 registration agency may not:
11-60 (1) seek to influence an applicant's political party
11-61 preference;
11-62 (2) display any political party preference or
11-63 allegiance; or
11-64 (3) make any statement or take any action the purpose
11-65 or effect of which is to:
11-66 (A) discourage the applicant from registering to
11-67 vote; or
11-68 (B) lead the applicant to believe that a
11-69 decision of whether to register has any bearing on the availability
11-70 of services or benefits.
12-1 Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE OR REGISTRAR.
12-2 If a question arises concerning voter registration that an agency
12-3 employee cannot answer, the employee shall provide the person:
12-4 (1) the toll-free telephone number of the Elections
12-5 Division of the Office of the Secretary of State; and
12-6 (2) the telephone number of the voter registrar to
12-7 whom registration applications are submitted.
12-8 Sec. 20.009. ADDITIONAL PROCEDURES. The secretary of state
12-9 shall prescribe any additional procedures necessary for the orderly
12-10 and proper administration of voter registration procedures under
12-11 this chapter.
12-12 (Sections 20.010-20.030 reserved for expansion
12-13 SUBCHAPTER B. REGISTRATION ASSISTANCE GENERALLY
12-14 Sec. 20.031. FORM PROVIDED. A voter registration agency
12-15 shall provide a voter registration application form to each person
12-16 who is of voting age and a United States citizen in connection with
12-17 the person's application for initial services, and also in
12-18 connection with any recertification, renewal, or change of address,
12-19 unless the person declines in writing to register to vote.
12-20 Sec. 20.032. REGISTRATION PROCEDURES. (a) An appropriate
12-21 agency employee shall routinely inform each person who applies in
12-22 person for agency services of the opportunity to complete a voter
12-23 registration application form and on request shall provide
12-24 nonpartisan voter registration assistance to the applicant.
12-25 (b) An agency that provides services at a person's residence
12-26 shall provide the opportunity to complete the form and the
12-27 assistance under Subsection (a) at the residence.
12-28 (c) On receipt of a registration application, the
12-29 appropriate agency employee shall review it for completeness in the
12-30 applicant's presence. If the application does not contain all the
12-31 required information and the required signature, the agency
12-32 employee shall return the application to the applicant for
12-33 completion and resubmission.
12-34 (d) Information regarding the agency or office to which an
12-35 application is submitted is confidential and may be used only for
12-36 voter registration purposes.
12-37 Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO
12-38 EMPLOYEE. The date of submission of a completed registration
12-39 application to the agency employee is considered to be the date of
12-40 submission to the voter registrar for the purpose of determining
12-41 the effective date of registration only.
12-42 Sec. 20.034. SUBMISSION TO REGISTRAR BY APPLICANT. (a) The
12-43 applicant may keep the registration application form or the
12-44 completed application to submit the application personally to the
12-45 voter registrar.
12-46 (b) The agency employee shall enter on the declination of
12-47 registration form a notation that after being given the opportunity
12-48 to register, the applicant kept the application or application form
12-49 for personal submission of the application to the registrar.
12-50 Sec. 20.035. DELIVERY OF APPLICATIONS TO REGISTRAR. (a)
12-51 The agency shall deliver to the voter registrar of the county in
12-52 which the agency office is located each completed registration
12-53 application submitted to an agency employee.
12-54 (b) An application shall be delivered to the registrar not
12-55 later than the fifth day after the date the application is
12-56 submitted to the employee.
12-57 Sec. 20.036. DECLINATION OF REGISTRATION. (a) If the
12-58 applicant does not wish to complete a voter registration
12-59 application form, the agency employee shall request that the
12-60 applicant complete and sign an official declination of registration
12-61 form unless the employee determines that the applicant has
12-62 previously completed and signed the form.
12-63 (b) If the applicant refuses to sign the declination form,
12-64 the agency employee shall enter on the form a notation of that
12-65 fact.
12-66 (c) The agency shall preserve each declination for at least
12-67 22 months after the date of signing. The declination may be
12-68 retained in the applicant's file at the agency or in a separate
12-69 declination file.
12-70 (d) A declination is confidential and may be used only for
13-1 voter registration purposes.
13-2 (e) The secretary of state shall prescribe the procedures
13-3 necessary to eliminate the filing of multiple declinations by an
13-4 applicant.
13-5 Sec. 20.037. TELEPHONE OR MAIL SERVICES. (a) A voter
13-6 registration agency that allows a person to apply for services by
13-7 mail shall deliver to an applicant by mail a voter registration
13-8 application form on the approval of services for the applicant.
13-9 (b) An agency shall deliver to an applicant by mail a voter
13-10 registration application form if:
13-11 (1) the agency automatically notifies an applicant to
13-12 renew or recertify a service by mailing a form to the applicant; or
13-13 (2) the applicant requests services by telephone and
13-14 the agency provides services in that manner.
13-15 (c) An application form delivered by mail must be
13-16 accompanied by a notice informing the applicant that the
13-17 application may be submitted in person or by mail to the voter
13-18 registrar of the county in which the applicant resides or in person
13-19 to a volunteer deputy registrar for delivery to the voter registrar
13-20 of the county in which the applicant resides.
13-21 (d) The agency may maintain a written record indicating that
13-22 a registration application was delivered to an applicant.
13-23 (e) The agency is not required to deliver a declination of
13-24 registration form under this section.
13-25 (Sections 20.038-20.060 reserved for expansion
13-26 SUBCHAPTER C. DEPARTMENT OF PUBLIC SAFETY
13-27 Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
13-28 provisions of this chapter apply to the Department of Public Safety
13-29 except provisions that conflict with this subchapter.
13-30 Sec. 20.062. DEPARTMENT FORMS AND PROCEDURE. (a) The
13-31 Department of Public Safety shall prescribe and use a form and
13-32 procedure that combines the department's application form for a
13-33 license or card with an officially prescribed voter registration
13-34 application form.
13-35 (b) The department shall prescribe and use a change of
13-36 address form and procedure that combines department and voter
13-37 registration functions. The form must allow a licensee or
13-38 cardholder to indicate whether the change of address is also to be
13-39 used for voter registration purposes.
13-40 (c) The design, content, and physical characteristics of the
13-41 department forms must be approved by the secretary of state.
13-42 Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department
13-43 of Public Safety shall provide to each person who applies in person
13-44 at the department's offices for an original or renewal of a
13-45 driver's license, a personal identification card, or a duplicate or
13-46 corrected license or card an opportunity to complete a voter
13-47 registration application form.
13-48 (b) When the department processes a license or card for
13-49 renewal by mail, the department shall deliver to the applicant by
13-50 mail a voter registration application form.
13-51 (c) A change of address that relates to a license or card
13-52 and that is submitted to the department in person or by mail serves
13-53 as a change of address for voter registration unless the licensee
13-54 or cardholder indicates that the change is not for voter
13-55 registration purposes. The date of submission of a change of
13-56 address to a department employee is considered to be the date of
13-57 submission to the voter registrar for the purpose of determining
13-58 the effective date of registration only.
13-59 Sec. 20.064. DECLINATION FORM NOT REQUIRED. The Department
13-60 of Public Safety is not required to comply with the procedures
13-61 prescribed by this chapter relating to the form for a declination
13-62 of voter registration.
13-63 Sec. 20.065. DELIVERY OF APPLICATIONS AND CHANGES OF
13-64 ADDRESS. At the end of each day a Department of Public Safety
13-65 office is regularly open for business, the manager of the office
13-66 shall deliver by mail or in person to the voter registrar of the
13-67 county in which the office is located each completed voter
13-68 registration application and applicable change of address submitted
13-69 to a department employee.
13-70 (Sections 20.066-20.090 reserved for expansion
14-1 SUBCHAPTER D. PUBLIC LIBRARY
14-2 Sec. 20.091. APPLICABILITY OF OTHER PROVISIONS. The other
14-3 provisions of this chapter apply to a public library except
14-4 provisions that conflict with this subchapter.
14-5 Sec. 20.092. REGISTRATION PROCEDURE. (a) A public library
14-6 shall provide to each person of voting age who applies in person
14-7 for an original or renewal of a library card an opportunity to
14-8 complete a voter registration application form.
14-9 (b) A public library shall use the official form prescribed
14-10 by the secretary of state.
14-11 Sec. 20.093. DECLINATION FORM NOT REQUIRED. A public
14-12 library is not required to comply with the procedures prescribed by
14-13 this chapter relating to the form for a declination of voter
14-14 registration.
14-15 (Sections 20.094-20.120 reserved for expansion
14-16 SUBCHAPTER E. MARRIAGE LICENSE OFFICE
14-17 Sec. 20.121. APPLICABILITY OF OTHER PROVISIONS. The other
14-18 provisions of this chapter do not apply to a marriage license
14-19 office of the county clerk unless expressly provided otherwise by
14-20 the other provision or by rule of the secretary of state.
14-21 Sec. 20.122. REGISTRATION PROCEDURES. (a) When an original
14-22 marriage license is returned to the licensees after being recorded,
14-23 the county clerk shall also deliver to the licensees by mail two
14-24 voter registration application forms.
14-25 (b) The county clerk shall use the official form prescribed
14-26 by the secretary of state.
14-27 (c) The application forms must be accompanied by a notice
14-28 informing the licensees that the applications may be submitted in
14-29 person or by mail to the voter registrar of the county in which
14-30 they reside or in person to a volunteer deputy registrar for
14-31 delivery to the voter registrar of the county in which they reside.
14-32 (d) The county clerk may maintain a written record
14-33 indicating that a registration application was delivered to a
14-34 licensee.
14-35 Sec. 20.123. DECLINATION FORM NOT REQUIRED. The county
14-36 clerk is not required to comply with the procedures prescribed by
14-37 this chapter relating to the form for a declination of voter
14-38 registration.
14-39 SECTION 34. Section 31.002(d), Election Code, is amended to
14-40 read as follows:
14-41 (d) An authority having administrative duties under this
14-42 code shall use an official form in performing the administrative
14-43 functions, except in an emergency in which an official form is
14-44 unavailable or as otherwise provided by this code. Other persons
14-45 are not required to use an official form unless expressly required
14-46 to do so by this code.
14-47 SECTION 35. Subchapter A, Chapter 31, Election Code, is
14-48 amended by adding Section 31.007 to read as follows:
14-49 Sec. 31.007. SUSPENSION OF PROVISIONS IMPLEMENTING NATIONAL
14-50 VOTER REGISTRATION ACT. (a) If under federal law, order,
14-51 regulation, or other official action the National Voter
14-52 Registration Act of 1993 is not required to be implemented or
14-53 enforced in whole or in part, an affected state law or rule is
14-54 suspended to the extent that the law or rule was enacted or adopted
14-55 to implement that Act, and it is the intent of the legislature that
14-56 the applicable law in effect immediately before the enactment or
14-57 adoption be reinstated and continued in effect pending enactment of
14-58 corrective state legislation.
14-59 (b) On a finding by the secretary of state that a suspension
14-60 of a law or rule has occurred under Subsection (a), the secretary
14-61 may modify applicable procedures as necessary to give effect to the
14-62 suspension and to reinstatement of the procedures of the former
14-63 law.
14-64 (c) The secretary of state may adopt rules to implement this
14-65 section as necessary.
14-66 SECTION 36. Section 42.006, Election Code, is amended by
14-67 adding Subsection (e) to read as follows:
14-68 (e) In computing a number of registered voters under this
14-69 section, voters whose names appear on the list of registered voters
14-70 with the notation "S", or a similar notation, shall be excluded.
15-1 SECTION 37. Section 51.005, Election Code, is amended to
15-2 read as follows:
15-3 Sec. 51.005. Number of Ballots. (a) The authority
15-4 responsible for procuring the election supplies for an election
15-5 shall provide for each election precinct a number of ballots equal
15-6 to at least the percentage of voters who voted in that precinct in
15-7 the most recent corresponding election plus 25 percent of that
15-8 number, except that the number of ballots provided may not exceed
15-9 the total number of registered voters in the precinct.
15-10 (b) In computing a number of registered voters under this
15-11 section, voters whose names appear on the list of registered voters
15-12 with the notation "S", or a similar notation, shall be excluded.
15-13 SECTION 38. Section 63.001(a), Election Code, is amended to
15-14 read as follows:
15-15 (a) Except as otherwise provided by this code, acceptance of
15-16 voters shall be conducted as provided by this section and Section
15-17 63.0011.
15-18 SECTION 39. Chapter 63, Election Code, is amended by adding
15-19 Section 63.0011 to read as follows:
15-20 Sec. 63.0011. STATEMENT OF RESIDENCE REQUIRED. (a) Before
15-21 a voter may be accepted for voting, an election officer shall ask
15-22 the voter if the voter's residence address on the precinct list of
15-23 registered voters is current and whether the voter has changed
15-24 residence within the county.
15-25 (b) If the voter's residence address is not current because
15-26 the voter has changed residence within the county, the voter may
15-27 vote, if otherwise eligible, in the election precinct in which the
15-28 voter is registered if the voter resides in the county in which the
15-29 voter is registered and, if applicable:
15-30 (1) resides in the political subdivision served by the
15-31 authority ordering the election if the political subdivision is
15-32 other than the county; or
15-33 (2) resides in the territory covered by the election
15-34 in a less-than-countywide election ordered by the governor or a
15-35 county authority.
15-36 (c) Before being accepted for voting, the voter must execute
15-37 and submit to an election officer a statement including:
15-38 (1) a statement that the voter satisfies the
15-39 applicable residence requirements prescribed by Subsection (b);
15-40 (2) the voter's residence address or, if the residence
15-41 has no address, the address at which the voter receives mail and a
15-42 concise description of the location of the voter's residence;
15-43 (3) the month, day, and year of the voter's birth; and
15-44 (4) the date the statement is submitted to the
15-45 election officer.
15-46 (d) The voter registrar shall provide to the general
15-47 custodian of election records a sufficient number of statements of
15-48 residence for use in each election.
15-49 (e) The voter registrar shall retain each statement of
15-50 residence on file with the voter's voter registration application.
15-51 SECTION 40. Section 66.0241, Election Code, is amended to
15-52 read as follows:
15-53 Sec. 66.0241. Contents of Envelope No. 4. Envelope no. 4
15-54 must contain:
15-55 (1) the precinct list of registered voters;
15-56 (2) the registration correction list;
15-57 (3) the registration omissions list;
15-58 (4) any statements of residence <or affidavits>
15-59 executed under Section 63.0011 <11.004 or 14.052>; and
15-60 (5) any affidavits executed under Section 63.007 or
15-61 63.010.
15-62 SECTION 41. Sections 86.002(a), (c), and (d), Election Code,
15-63 are amended to read as follows:
15-64 (a) The early voting clerk shall provide an official ballot
15-65 envelope and carrier envelope with each ballot provided to a voter.
15-66 If the voter's name appears on the list of registered voters with
15-67 the notation "S", or a similar notation, or the residence address
15-68 on the voter's early voting ballot application is not the same as
15-69 the voter's residence address on the list of registered voters <In
15-70 an election in which voters are authorized to vote on an affidavit
16-1 of residence under Section 14.052>, the clerk shall provide a form
16-2 for a statement of residence to the <each affected> voter.
16-3 (c) The clerk shall enter on a carrier envelope the voter's
16-4 name in printed form, a notation that a statement of residence is
16-5 enclosed, if applicable, and any other information the clerk
16-6 determines necessary for proper processing of the ballot.
16-7 (d) The secretary of state shall prescribe instructions to
16-8 be printed on the balloting materials for the execution and return
16-9 of a statement of residence. The instructions must include an
16-10 explanation of the circumstances under which the ballot must be
16-11 rejected with respect to the statement <A statement of residence
16-12 under this section is considered to be an affidavit of residence
16-13 for purposes of the other applicable provisions of this code>.
16-14 SECTION 42. Section 87.041(b), Election Code, is amended to
16-15 read as follows:
16-16 (b) A ballot may be accepted only if:
16-17 (1) the carrier envelope certificate is properly
16-18 executed;
16-19 (2) neither the voter's signature on the ballot
16-20 application nor the signature on the carrier envelope certificate
16-21 is determined to have been executed by a person other than the
16-22 voter, unless signed by a witness;
16-23 (3) the voter's ballot application states a legal
16-24 ground for early voting by mail;
16-25 (4) the voter is registered to vote, if registration
16-26 is required by law; <and>
16-27 (5) the address to which the ballot was mailed to the
16-28 voter, as indicated by the <his> application, was outside the
16-29 voter's county of residence, if the ground for early voting is
16-30 absence from the county of residence; and
16-31 (6) for a voter to whom a statement of residence form
16-32 was required to be sent under Section 86.002(a), the statement of
16-33 residence is returned in the carrier envelope and indicates that
16-34 the voter satisfies the residence requirements prescribed by
16-35 Section 63.0011.
16-36 SECTION 43. Chapter 277, Election Code, is amended by adding
16-37 Section 277.0024 to read as follows:
16-38 Sec. 277.0024. COMPUTING NUMBER OF SIGNATURES. If the
16-39 minimum number of signatures required for a petition is determined
16-40 by a computation applied to the number of registered voters of a
16-41 particular territory, voters whose names appear on the list of
16-42 registered voters with the notation "S", or a similar notation,
16-43 shall be excluded from the computation.
16-44 SECTION 44. The following provisions in the Election Code
16-45 are repealed:
16-46 (1) Subchapter B-1, Chapter 13;
16-47 (2) Sections 14.024-14.027; and
16-48 (3) Subchapter C, Chapter 14.
16-49 SECTION 45. This Act takes effect September 1, 1995.
16-50 SECTION 46. The importance of this legislation and the
16-51 crowded condition of the calendars in both houses create an
16-52 emergency and an imperative public necessity that the
16-53 constitutional rule requiring bills to be read on three several
16-54 days in each house be suspended, and this rule is hereby suspended.
16-55 * * * * *