By:  Galloway                                         S.B. No. 1748

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to procedures for accepting certain voters at a polling

 1-2     place.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 63.008, Election Code, is amended to read

 1-5     as follows:

 1-6           Sec. 63.008.  VOTER WITHOUT CERTIFICATE WHO IS ON LIST.

 1-7     (a)  A voter who does not present a voter registration certificate

 1-8     when offering to vote, but whose name is on the list of registered

 1-9     voters for the precinct in which the voter [he] is offering to

1-10     vote, shall be accepted for voting if the voter executes an

1-11     affidavit stating that the voter [he] does not have the voter's

1-12     [his] voter registration certificate in the voter's [his]

1-13     possession at the polling place at the time of offering to vote

1-14     and:

1-15                 (1)  the voter presents proof of identification in a

1-16     form described by Subsection (c); or

1-17                 (2)  the affidavit is also signed by a person who is

1-18     working at the polling place and who attests to the identity of the

1-19     voter.

1-20           (b)  If the requirements prescribed by Subsection (a)  are

1-21     not met, the voter may not be accepted for voting, and an election

1-22     officer shall indicate beside the voter's name on the list of

1-23     registered voters that the voter was rejected under this section.

 2-1           (c)  The following documents are acceptable as proof of

 2-2     identification:

 2-3                 (1)  a driver's license or identification certificate

 2-4     issued by the Department of Public Safety or a similar document

 2-5     issued by an agency of another state, even if the license or

 2-6     certificate has expired;

 2-7                 (2)  a form of identification containing the person's

 2-8     photograph that establishes the person's identity;

 2-9                 (3)  a birth certificate or other document confirming

2-10     birth that is admissible in a court of law and establishes the

2-11     person's identity;

2-12                 (4)  United States citizenship papers;

2-13                 (5)  a passport issued by the United States; or

2-14                 (6)  two other forms of identification that establish

2-15     the person's identity.

2-16           SECTION 2.  Section 63.009, Election Code, is amended by

2-17     amending Subsection (a)  and adding Subsection (c) to read as

2-18     follows:

2-19           (a)  A voter who does not present a voter registration

2-20     certificate when offering to vote, and whose name is not on the

2-21     list of registered voters for the precinct in which the voter is

2-22     offering to vote, shall be accepted for voting if the voter

2-23     presents proof of identification in a form described by Section

2-24     63.008(c) and:

2-25                 (1)  an election officer can determine from the voter

 3-1     registrar that the person is a registered voter of the county, and

 3-2     the voter executes the affidavits required by Sections 63.007 and

 3-3     63.008; or

 3-4                 (2)  the voter executes an affidavit in accordance with

 3-5     Section 63.010.

 3-6           (c)  If the requirements prescribed by Subsection (a)  are

 3-7     not met, the voter may not be accepted for voting, and an election

 3-8     officer shall indicate on the affidavit or, if none, on a written

 3-9     statement containing the voter's name and any known residence

3-10     address that the voter was rejected under this section.

3-11           SECTION 3.  Subsections (d) and (e), Section 63.010, Election

3-12     Code, are amended to read as follows:

3-13           (d)  The presiding judge shall inform a voter of a challenge

3-14     and of the issues raised by the challenge.  The presiding judge

3-15     shall [may] request a voter to present proof of identification in a

3-16     form described by Section 63.008(c).  If the voter fails to present

3-17     the required proof, the voter may not be accepted for voting, and

3-18     an election officer shall indicate on a written statement

3-19     containing the voter's name and any known residence address, and,

3-20     if applicable, on the list of registered voters beside the voter's

3-21     name that the voter was rejected[, if available.  A voter's failure

3-22     to present proof of identification does not affect the voter's

3-23     right to vote] under this section.

3-24           (e)  If the challenged voter presents the required proof of

3-25     identification and executes an affidavit that states the facts

 4-1     necessary to support the voter's eligibility to vote, the voter

 4-2     shall be accepted, and "sworn" shall be entered on the poll list

 4-3     beside the voter's name.  If the challenged voter does not execute

 4-4     an affidavit that states the facts necessary to support the voter's

 4-5     eligibility to vote, the voter may not be accepted for voting, and

 4-6     an election officer shall indicate on the affidavit or, if none, on

 4-7     a written statement containing the voter's name and any known

 4-8     residence address, and, if applicable, ["rejected" shall be

 4-9     entered] on the list of registered voters beside the voter's name

4-10     that the voter was rejected under this section.

4-11           SECTION 4.  This Act takes effect September 1, 1997.

4-12           SECTION 5.  The importance of this legislation and the

4-13     crowded condition of the calendars in both houses create an

4-14     emergency and an imperative public necessity that the

4-15     constitutional rule requiring bills to be read on three several

4-16     days in each house be suspended, and this rule is hereby suspended.