SRC-MAX C.S.S.B. 1748 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1748
By: Galloway
State Affairs
4-21-97
Committee Report (Substituted)


DIGEST 

Currently, an election official is not required to ask a voter who does
not present a voter registration certificate to present proof of
identification.  As a result, voters are being allowed to vote without any
proof of identification.  This bill requires a voter who does not present
a voter registration certificate and whose identity is unknown to an
election officer to present proof of identification when offering to vote. 

PURPOSE

As proposed, C.S.S.B. 1748 requires certain voters to present proof of
identification when offering to vote. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 63.008, Election Code,  to require a voter,
rather than he, who does not present a voter registration card when
offering to vote, but whose name is on the list of registered voters for
the applicable precinct, to be accepted for voting if the voter presents
proof of identification in a form described by Subsection (c).  Prohibits
a voter from being accepted for voting, and an election officer shall
indicate beside the voter's name on the list of registered voters that the
voter was rejected under this section.  Provides that certain documents
are acceptable as proof of identification.   

SECTION 2. Amends Section 63.009, Election Code, by amending Subsection
(a) and adding Subsection (c), to require a certain voter to be accepted
for voting if the voter presents proof of identification in a form as
prescribed by Section 63.008.  Prohibits a voter from being accepted for
voting if certain conditions are not met, and an election officer shall
indicate on certain documents that the voter was rejected under this
section.   

SECTION 3. Amends Sections 63.010(d) and (e), Election Code, to require
the presiding judge, rather than authorize the presiding judge, to request
a voter to present proof of identification in a certain manner.  Makes
conforming and nonsubstantive changes.  

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.
 

SUMMARY OF COMMITTEE CHANGES

Adds new SECTION 1 and deletes proposed SECTION 1.

SECTION 1. 

Amends Section 63.008, Election Code, to provide that the form of proof of
identification  is described in Subsection (c), rather than prescribed by
the secretary of state.  Prohibits a voter from being accepted to vote
under certain conditions.  Provides that certain documents are acceptable
as proof of identification.   

Adds new SECTIONS 2 and 3.

SECTION 2.

Amends Section 63.009, Election Code, by amending Subsection (a) and
adding Subsection (c), to prohibit a voter from being accepted for voting
and an election officer is required to perform certain duties with respect
to the prohibited voter.  Makes a conforming change. 

  SECTION 3.

Amends Sections 63.010(d) and (e), Election Code, to make conforming
changes. 

Adds SECTION 4 to set forth the effective date.

Adds SECTION 5 to set forth the emergency clause.