By Madden H.B. No. 2302
Substitute the following for H.B. No. 2302:
By Hodge C.S.H.B. No. 2302
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain voter registration information, processes, and
1-3 procedures.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 13.004, Election Code, is amended to read
1-6 as follows:
1-7 Sec. 13.004. RECORDING AND DISCLOSURE OF TELEPHONE NUMBER OR
1-8 SOCIAL SECURITY NUMBER BY REGISTRAR. (a) The registrar may not
1-9 transcribe, copy, or otherwise record a telephone number furnished
1-10 on a registration application.
1-11 (b) The registrar may transcribe, copy, or otherwise record
1-12 a social security number furnished on a registration application
1-13 only in maintaining the accuracy of the registration records.
1-14 (c) A social security number or telephone number furnished
1-15 on a registration application is confidential and does not
1-16 constitute public information for purposes of Chapter 552,
1-17 Government Code. The registrar shall ensure that the social
1-18 security and telephone numbers are excluded from disclosure.
1-19 SECTION 2. Section 13.040, Election Code, is amended to read
1-20 as follows:
1-21 Sec. 13.040. ISSUANCE OF RECEIPT. (a) On receipt of a
1-22 completed registration application, a volunteer deputy registrar
1-23 shall prepare a receipt in triplicate [duplicate] on a form
1-24 furnished by the registrar.
2-1 (b) The receipt must contain:
2-2 (1) the name of the applicant and, if applicable, the
2-3 name of the applicant's agent; [and]
2-4 (2) the address of the applicant, including the city
2-5 and postal zip code;
2-6 (3) the date the completed application is submitted to
2-7 the volunteer deputy; and
2-8 (4) the following statement: "This is an official
2-9 receipt of an application to register to vote. This receipt may be
2-10 submitted by a voter in place of a voter registration certificate
2-11 in an election that occurs at least 30 days after the date the
2-12 application to register is completed."[.]
2-13 (c) The volunteer deputy shall sign the receipt in the
2-14 applicant's presence and shall give the original to the applicant.
2-15 (d) The volunteer deputy shall retain one copy of the
2-16 receipt and deliver the remaining copy [duplicate receipt] to the
2-17 registrar with the registration application. The registrar shall
2-18 retain the receipt on file with the application.
2-19 (e) The secretary of state may prescribe a procedure that is
2-20 an alternative to the procedure prescribed by this section that
2-21 will ensure the accountability of the registration applications.
2-22 SECTION 3. Section 13.122(a), Election Code, is amended to
2-23 read as follows:
2-24 (a) In addition to the other statements and spaces for
2-25 entering information that appear on an officially prescribed
2-26 registration application form, each official form must include:
2-27 (1) the statement: "I understand that giving false
3-1 information to procure a voter registration is perjury and a crime
3-2 under state and federal law.";
3-3 (2) a space for the applicant's registration number;
3-4 (3) a space for the applicant's Texas driver's license
3-5 number or number of a personal identification card issued by the
3-6 Department of Public Safety;
3-7 (4) a space for the applicant's telephone number;
3-8 (5) a space for the applicant's social security
3-9 number;
3-10 (6) a space for the applicant's sex;
3-11 (7) a statement indicating that the omission
3-12 [furnishing] of the applicant's driver's license number, personal
3-13 identification card number, telephone number, social security
3-14 number, or [and] sex does not affect the validity of the
3-15 registration application [is optional];
3-16 (8) a space or box for indicating whether the
3-17 applicant or voter is submitting new registration information or a
3-18 change in current registration information;
3-19 (9) a statement instructing a voter who is using the
3-20 form to make a change in current registration information to enter
3-21 the voter's name and the changed information in the appropriate
3-22 spaces on the form;
3-23 (10) a statement that if the applicant declines to
3-24 register to vote, that fact will remain confidential and will be
3-25 used only for voter registration purposes;
3-26 (11) a statement that if the applicant does register
3-27 to vote, information regarding the agency or office to which the
4-1 application is submitted will remain confidential and will be used
4-2 only for voter registration purposes; and
4-3 (12) any other voter registration information required
4-4 by federal law or considered appropriate and required by the
4-5 secretary of state.
4-6 SECTION 4. The heading to Subchapter C, Chapter 15, Election
4-7 Code, is amended to read as follows:
4-8 SUBCHAPTER C. CONFIRMATION OF REGISTRATION INFORMATION
4-9 [RESIDENCE]
4-10 SECTION 5. Section 15.051(a), Election Code, is amended to
4-11 read as follows:
4-12 (a) If the registrar:
4-13 (1) has reason to believe that a voter's current
4-14 residence is different from that indicated on the registration
4-15 records, the registrar shall deliver to the voter a written
4-16 confirmation notice requesting confirmation of the voter's current
4-17 residence; or
4-18 (2) receives information relating to the voter's death
4-19 from a source other than a source described by Section 16.001 or
4-20 16.031(b), the registrar shall deliver to the voter's address a
4-21 written confirmation notice requesting confirmation of the voter's
4-22 death.
4-23 SECTION 6. Section 15.052, Election Code, is amended to read
4-24 as follows:
4-25 Sec. 15.052. OFFICIAL CONFIRMATION NOTICE AND CONFIRMATION
4-26 NOTICE RESPONSE FORMS. (a) The officially prescribed form for a
4-27 confirmation notice requesting confirmation of a voter's current
5-1 residence must include:
5-2 (1) a statement that, if the voter fails to submit to
5-3 the registrar a written, signed response confirming the voter's
5-4 current residence on or before the 30th day after the date the
5-5 confirmation notice is mailed:
5-6 (A) the voter is subject to submission of a
5-7 statement of residence before the voter may be accepted for voting
5-8 in an election held after that deadline; or
5-9 (B) for a notice delivered under Section 14.023,
5-10 the voter will remain subject to submission of a statement of
5-11 residence before the voter may be accepted for voting in an
5-12 election; and
5-13 (2) a warning that the voter's registration is subject
5-14 to cancellation if the voter fails to confirm the voter's current
5-15 residence either by notifying the registrar in writing or voting on
5-16 a statement of residence before November 30 following the second
5-17 general election for state and county officers that occurs after
5-18 the date the confirmation notice is mailed.
5-19 (b) The officially prescribed form for a confirmation notice
5-20 requesting confirmation of a voter's death must include:
5-21 (1) a section that may be completed and signed by any
5-22 person related within the second degree by consanguinity or
5-23 affinity, as determined under Chapter 573, Government Code,
5-24 confirming by a sworn statement that the information relating to
5-25 the voter's death received by the registrar is correct;
5-26 (2) a section that must be completed and signed by the
5-27 voter notifying the registrar that information received by the
6-1 registrar relating to the voter's death is incorrect; and
6-2 (3) a statement that, if the completed and signed
6-3 section of the form described by Subdivision (2) is not submitted
6-4 to the registrar on or before the 60th day after the date the
6-5 confirmation notice is mailed, the voter's registration is subject
6-6 to cancellation in the same manner provided by Section 16.033.
6-7 (c) The official confirmation notice response form must be
6-8 postage prepaid and preaddressed for delivery to the registrar.
6-9 (d) [(c)] The registrar may prescribe a different design
6-10 from that prescribed by the secretary of state for an official
6-11 form, if approved by the secretary.
6-12 SECTION 7. Section 15.053(a), Election Code, is amended to
6-13 read as follows:
6-14 (a) Not later than the 30th day after the date a
6-15 confirmation notice requesting confirmation of a voter's current
6-16 residence is mailed, the voter shall submit to the registrar a
6-17 written, signed response to the notice that confirms the voter's
6-18 current residence. Not later than the 60th day after the date a
6-19 confirmation notice requesting confirmation of a voter's death is
6-20 mailed, a voter who is incorrectly referenced as deceased shall
6-21 submit to the registrar a written, signed response to the notice
6-22 notifying the registrar that the information received by the
6-23 registrar relating to the voter's death is incorrect.
6-24 SECTION 8. Section 18.008(a), Election Code, is amended to
6-25 read as follows:
6-26 (a) The registrar shall furnish a copy of any list prepared
6-27 under this subchapter to any person requesting it. The copy shall
7-1 be furnished without the names of voters whose names appear on a
7-2 list with the notation "S", or a similar notation, if requested in
7-3 that form. The registrar shall furnish the list directly to the
7-4 person requesting it. If the county has contracted with a computer
7-5 service company or other private business entity for services
7-6 related to the lists required under this subchapter, the registrar
7-7 may not require the person requesting the list to contact the
7-8 company or other entity to obtain a copy of the list.
7-9 SECTION 9. Section 20.035, Election Code, is amended by
7-10 amending Subsection (b) and adding Subsection (c) to read as
7-11 follows:
7-12 (b) Except as provided by Subsection (c), an [An]
7-13 application shall be delivered to the registrar not later than 5
7-14 p.m. of the fifth day after the date the application is submitted
7-15 to the employee.
7-16 (c) An application submitted after the 34th day and before
7-17 the 29th day before the date of an election held on a uniform
7-18 election date or the date of a general primary election or the date
7-19 of a runoff primary election in which any qualified voter of the
7-20 county is eligible to vote shall be delivered not later than 5 p.m.
7-21 of the 29th day before election day.
7-22 SECTION 10. Section 20.063, Election Code, is amended by
7-23 adding Subsection (e) to read as follows:
7-24 (e) The department shall issue a receipt for a completed
7-25 voter registration application in the same manner as provided by
7-26 Section 13.040 for volunteer deputy registrars. The secretary of
7-27 state shall prescribe procedures as necessary to implement this
8-1 subsection.
8-2 SECTION 11. Section 63.006, Election Code, is amended by
8-3 adding Subsection (c) to read as follows:
8-4 (c) A voter who, when offering to vote, presents a receipt
8-5 of an application to register to vote issued under Section 13.040
8-6 or 20.063(e) shall be accepted for voting under this section if:
8-7 (1) the application was made at least 30 days before
8-8 the date of the election;
8-9 (2) the address indicated on the receipt indicates
8-10 that the voter is a resident of the precinct in which the voter is
8-11 offering to vote or is otherwise entitled by law to vote in that
8-12 precinct;
8-13 (3) the voter completes a voter registration
8-14 application at the polling place; and
8-15 (4) the election judge reviews the voter registration
8-16 application.
8-17 SECTION 12. Section 63.008, Election Code, is amended by
8-18 amending Subsection (a) and adding Subsection (c) to read as
8-19 follows:
8-20 (a) Except as provided by Subsection (c), a [A] voter who
8-21 does not present a voter registration certificate when offering to
8-22 vote, but whose name is on the list of registered voters for the
8-23 precinct in which the voter is offering to vote, shall be accepted
8-24 for voting if the voter executes an affidavit stating that the
8-25 voter does not have the voter's voter registration certificate in
8-26 the voter's possession at the polling place at the time of offering
8-27 to vote and:
9-1 (1) the voter presents proof of identification in a
9-2 form described by Section 63.0101; or
9-3 (2) the affidavit is also signed by a person who is
9-4 working at the polling place and who attests to the identity of the
9-5 voter.
9-6 (c) A voter who, when offering to vote, presents a receipt
9-7 of an application to register to vote issued under Section 13.040
9-8 or 20.063(e) and whose name is on the list of registered voters for
9-9 the precinct in which the voter is offering to vote shall be
9-10 accepted for voting under Section 63.001 if:
9-11 (1) the application was made at least 30 days before
9-12 the date of the election; and
9-13 (2) the address indicated on the receipt indicates
9-14 that the voter is a resident of the precinct in which the voter is
9-15 offering to vote or is otherwise entitled by law to vote in that
9-16 precinct.
9-17 SECTION 13. (a) The secretary of state shall study the
9-18 feasibility of developing a standardized electronic format for
9-19 entering voter information relating to residence address, including
9-20 reviewing any United States Postal Service approved software for
9-21 address standardization, for the purpose of identifying duplicate
9-22 registrations by voters.
9-23 (b) Not later than December 1, 2002, the secretary of state
9-24 shall issue a report summarizing:
9-25 (1) any recommendations by the secretary for address
9-26 standardization;
9-27 (2) any legislation proposed by the secretary for
10-1 address standardization; and
10-2 (3) any other findings or recommendations related to
10-3 the issue of address standardization.
10-4 (c) The secretary of state shall promptly deliver copies of
10-5 the report to the governor, the lieutenant governor, and the
10-6 speaker of the house of representatives.
10-7 SECTION 14. On or before January 1, 2002, the secretary of
10-8 state shall prescribe:
10-9 (1) a voter registration application form that
10-10 conforms to the changes made by Section 13.122, Election Code, as
10-11 amended by this Act; and
10-12 (2) a form for a confirmation notice and a
10-13 confirmation notice response that conforms to the changes made by
10-14 Sections 15.052 and 15.053, Election Code, as amended by this Act.
10-15 SECTION 15. (a) Except as provided by this section, this Act
10-16 takes effect September 1, 2001.
10-17 (b) The changes in law made by Section 13.122(a), Election
10-18 Code, as amended by this Act, take effect January 1, 2002, and
10-19 apply only to voter registration application forms produced on or
10-20 after that date. Voter registration application forms produced
10-21 before January 1, 2002, may continue to be used until the supply is
10-22 exhausted, and the former law governing those forms is continued in
10-23 effect for that purpose.