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.