1-1 By: Galloway S.B. No. 1748
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 22, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 5; April 22, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1748 By: Galloway
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to procedures for accepting certain voters at a polling
1-11 place.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 63.008, Election Code, is amended to read
1-14 as follows:
1-15 Sec. 63.008. VOTER WITHOUT CERTIFICATE WHO IS ON LIST.
1-16 (a) A voter who does not present a voter registration certificate
1-17 when offering to vote, but whose name is on the list of registered
1-18 voters for the precinct in which the voter [he] is offering to
1-19 vote, shall be accepted for voting if the voter:
1-20 (1) presents proof of identification in a form
1-21 described by Subsection (c); and
1-22 (2) executes an affidavit stating that the voter [he]
1-23 does not have the voter's [his] voter registration certificate in
1-24 the voter's [his] possession at the polling place at the time of
1-25 offering to vote.
1-26 (b) If the requirements prescribed by Subsection (a) are
1-27 not met, the voter may not be accepted for voting, and an election
1-28 officer shall indicate beside the voter's name on the list of
1-29 registered voters that the voter was rejected under this section.
1-30 (c) The following documents are acceptable as proof of
1-31 identification:
1-32 (1) a driver's license or identification certificate
1-33 issued by the Department of Public Safety or a similar document
1-34 issued by an agency of another state, even if the license or
1-35 certificate has expired;
1-36 (2) a form of identification containing the person's
1-37 photograph that establishes the person's identity;
1-38 (3) a birth certificate or other document confirming
1-39 birth that is admissible in a court of law and establishes the
1-40 person's identity;
1-41 (4) United States citizenship papers;
1-42 (5) a passport issued by the United States; or
1-43 (6) two other forms of identification that establish
1-44 the person's identity.
1-45 SECTION 2. Section 63.009, Election Code, is amended by
1-46 amending Subsection (a) and adding Subsection (c) to read as
1-47 follows:
1-48 (a) A voter who does not present a voter registration
1-49 certificate when offering to vote, and whose name is not on the
1-50 list of registered voters for the precinct in which the voter is
1-51 offering to vote, shall be accepted for voting if the voter
1-52 presents proof of identification in a form described by Section
1-53 63.008(c) and:
1-54 (1) an election officer can determine from the voter
1-55 registrar that the person is a registered voter of the county, and
1-56 the voter executes the affidavits required by Sections 63.007 and
1-57 63.008; or
1-58 (2) the voter executes an affidavit in accordance with
1-59 Section 63.010.
1-60 (c) If the requirements prescribed by Subsection (a) are
1-61 not met, the voter may not be accepted for voting, and an election
1-62 officer shall indicate on the affidavit or, if none, on a written
1-63 statement containing the voter's name and any known residence
1-64 address that the voter was rejected under this section.
2-1 SECTION 3. Subsections (d) and (e), Section 63.010, Election
2-2 Code, are amended to read as follows:
2-3 (d) The presiding judge shall inform a voter of a challenge
2-4 and of the issues raised by the challenge. The presiding judge
2-5 shall [may] request a voter to present proof of identification in a
2-6 form described by Section 63.008(c). If the voter fails to present
2-7 the required proof, the voter may not be accepted for voting, and
2-8 an election officer shall indicate on a written statement
2-9 containing the voter's name and any known residence address, and,
2-10 if applicable, on the list of registered voters beside the voter's
2-11 name that the voter was rejected[, if available. A voter's failure
2-12 to present proof of identification does not affect the voter's
2-13 right to vote] under this section.
2-14 (e) If the challenged voter presents the required proof of
2-15 identification and executes an affidavit that states the facts
2-16 necessary to support the voter's eligibility to vote, the voter
2-17 shall be accepted, and "sworn" shall be entered on the poll list
2-18 beside the voter's name. If the challenged voter does not execute
2-19 an affidavit that states the facts necessary to support the voter's
2-20 eligibility to vote, the voter may not be accepted for voting, and
2-21 an election officer shall indicate on the affidavit or, if none, on
2-22 a written statement containing the voter's name and any known
2-23 residence address, and, if applicable, ["rejected" shall be
2-24 entered] on the list of registered voters beside the voter's name
2-25 that the voter was rejected under this section.
2-26 SECTION 4. This Act takes effect September 1, 1997.
2-27 SECTION 5. The importance of this legislation and the
2-28 crowded condition of the calendars in both houses create an
2-29 emergency and an imperative public necessity that the
2-30 constitutional rule requiring bills to be read on three several
2-31 days in each house be suspended, and this rule is hereby suspended.
2-32 * * * * *