By Madden H.B. No. 2302
77R7948 PAM-D
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 13.122, Election Code, is amended by
1-20 amending Subsection (a) and adding Subsection (d) to read as
1-21 follows:
1-22 (a) In addition to the other statements and spaces for
1-23 entering information that appear on an officially prescribed
1-24 registration application form, each official form must include:
2-1 (1) the statement: "I understand that giving false
2-2 information to procure a voter registration is perjury and a crime
2-3 under state and federal law.";
2-4 (2) a space for the applicant's registration number;
2-5 (3) a space for the applicant's Texas driver's license
2-6 number or number of a personal identification card issued by the
2-7 Department of Public Safety;
2-8 (4) a space for the applicant's telephone number;
2-9 (5) a space for the applicant's social security
2-10 number;
2-11 (6) a space for the applicant's sex;
2-12 (7) a statement indicating that the omission
2-13 [furnishing] of the applicant's driver's license number, personal
2-14 identification card number, telephone number, social security
2-15 number, or [and] sex does not affect the validity of the
2-16 registration application [is optional];
2-17 (8) a space or box for indicating whether the
2-18 applicant or voter is submitting new registration information or a
2-19 change in current registration information;
2-20 (9) a statement instructing a voter who is using the
2-21 form to make a change in current registration information to enter
2-22 the voter's name and the changed information in the appropriate
2-23 spaces on the form;
2-24 (10) a statement that if the applicant declines to
2-25 register to vote, that fact will remain confidential and will be
2-26 used only for voter registration purposes;
2-27 (11) a statement that if the applicant does register
3-1 to vote, information regarding the agency or office to which the
3-2 application is submitted will remain confidential and will be used
3-3 only for voter registration purposes; and
3-4 (12) any other voter registration information required
3-5 by federal law or considered appropriate and required by the
3-6 secretary of state.
3-7 (d) The portion of an official registration application form
3-8 that is to be returned by the applicant may not include the word
3-9 "optional" in the space provided for the applicant's driver's
3-10 license number, personal identification card number, telephone
3-11 number, or social security number.
3-12 SECTION 3. The heading to Subchapter C, Chapter 15, Election
3-13 Code, is amended to read as follows:
3-14 SUBCHAPTER C. CONFIRMATION OF REGISTRATION INFORMATION
3-15 [RESIDENCE]
3-16 SECTION 4. Section 15.051(a), Election Code, is amended to
3-17 read as follows:
3-18 (a) If the registrar:
3-19 (1) has reason to believe that a voter's current
3-20 residence is different from that indicated on the registration
3-21 records, the registrar shall deliver to the voter a written
3-22 confirmation notice requesting confirmation of the voter's current
3-23 residence; or
3-24 (2) receives information relating to the voter's death
3-25 from a source other than a source described by Section 16.001 or
3-26 16.031(b), the registrar shall deliver to the voter's address a
3-27 written confirmation notice requesting confirmation of the voter's
4-1 death.
4-2 SECTION 5. Section 15.052, Election Code, is amended to read
4-3 as follows:
4-4 Sec. 15.052. OFFICIAL CONFIRMATION NOTICE AND CONFIRMATION
4-5 NOTICE RESPONSE FORMS. (a) The officially prescribed form for a
4-6 confirmation notice requesting confirmation of a voter's current
4-7 residence must include:
4-8 (1) a statement that, if the voter fails to submit to
4-9 the registrar a written, signed response confirming the voter's
4-10 current residence on or before the 30th day after the date the
4-11 confirmation notice is mailed:
4-12 (A) the voter is subject to submission of a
4-13 statement of residence before the voter may be accepted for voting
4-14 in an election held after that deadline; or
4-15 (B) for a notice delivered under Section 14.023,
4-16 the voter will remain subject to submission of a statement of
4-17 residence before the voter may be accepted for voting in an
4-18 election; and
4-19 (2) a warning that the voter's registration is subject
4-20 to cancellation if the voter fails to confirm the voter's current
4-21 residence either by notifying the registrar in writing or voting on
4-22 a statement of residence before November 30 following the second
4-23 general election for state and county officers that occurs after
4-24 the date the confirmation notice is mailed.
4-25 (b) The officially prescribed form for a confirmation notice
4-26 requesting confirmation of a voter's death must include:
4-27 (1) a section that may be completed and signed by any
5-1 person related within the second degree by consanguinity or
5-2 affinity, as determined under Chapter 573, Government Code,
5-3 confirming by a sworn statement that the information relating to
5-4 the voter's death received by the registrar is correct;
5-5 (2) a section that must be completed and signed by the
5-6 voter notifying the registrar that information received by the
5-7 registrar relating to the voter's death is incorrect;
5-8 (3) a statement that, if the completed and signed
5-9 section of the form described by Subdivision (2) is not submitted
5-10 to the registrar on or before the 30th day after the date the
5-11 confirmation notice is mailed:
5-12 (A) the voter is subject to submission of a
5-13 statement of residence before the voter may be accepted for voting
5-14 in an election held after that deadline; or
5-15 (B) for a notice delivered under Section 14.023,
5-16 the voter will remain subject to submission of a statement of
5-17 residence before the voter may be accepted for voting in an
5-18 election; and
5-19 (4) a warning that the voter's registration is subject
5-20 to cancellation if the voter fails to vote on a statement of
5-21 residence or notify the registrar in writing that the information
5-22 received by the registrar relating to the voter's death is
5-23 incorrect before November 30 following the second general election
5-24 for state and county officers that occurs after the date the
5-25 confirmation notice is mailed.
5-26 (c) The official confirmation notice response form must be
5-27 postage prepaid and preaddressed for delivery to the registrar.
6-1 (d) [(c)] The registrar may prescribe a different design
6-2 from that prescribed by the secretary of state for an official
6-3 form, if approved by the secretary.
6-4 SECTION 6. Section 15.053(a), Election Code, is amended to
6-5 read as follows:
6-6 (a) Not later than the 30th day after the date a
6-7 confirmation notice requesting confirmation of a voter's current
6-8 residence is mailed, the voter shall submit to the registrar a
6-9 written, signed response to the notice that confirms the voter's
6-10 current residence. Not later than the 30th day after the date a
6-11 confirmation notice requesting confirmation of a voter's death is
6-12 mailed, a voter who is incorrectly referenced as deceased shall
6-13 submit to the registrar a written, signed response to the notice
6-14 notifying the registrar that the information received by the
6-15 registrar relating to the voter's death is incorrect.
6-16 SECTION 7. Section 20.035, Election Code, is amended by
6-17 amending Subsection (b) and adding Subsection (c) to read as
6-18 follows:
6-19 (b) Except as provided by Subsection (c), an [An]
6-20 application shall be delivered to the registrar not later than 5
6-21 p.m. of the fifth day after the date the application is submitted
6-22 to the employee.
6-23 (c) An application submitted after the 34th day and before
6-24 the 29th day before the date of an election in which any qualified
6-25 voter of the county is eligible to vote shall be delivered not
6-26 later than 5 p.m. of the 29th day before election day.
6-27 SECTION 8. Section 20.063, Election Code, is amended by
7-1 adding Subsection (e) to read as follows:
7-2 (e) If an applicant for an original or renewal driver's
7-3 license, personal identification card, or duplicate or corrected
7-4 license or card completes a voter registration application form
7-5 provided by the department and the department issues a temporary
7-6 license or card, the department shall indicate on the temporary
7-7 license or card that the applicant has completed a voter
7-8 registration application form provided by the department. The
7-9 secretary of state shall prescribe procedures to permit a person to
7-10 use a temporary license or card issued under this subsection for
7-11 purposes of voting in an election.
7-12 SECTION 9. Section 521.101, Transportation Code, is amended
7-13 by adding Subsection (j) to read as follows:
7-14 (j) If an applicant for a personal identification
7-15 certificate or a duplicate or corrected certificate completes a
7-16 voter registration application form provided by the department
7-17 under Subchapter C, Chapter 20, Election Code, and the department
7-18 issues a temporary certificate, the department shall indicate on
7-19 the temporary certificate that the applicant has completed a voter
7-20 registration application form provided by the department.
7-21 SECTION 10. Section 521.124, Transportation Code, is amended
7-22 by adding Subsection (c) to read as follows:
7-23 (c) If an applicant for an original or renewal of a driver's
7-24 license or a duplicate or corrected license completes a voter
7-25 registration application form provided by the department and the
7-26 department issues a temporary license, the department shall
7-27 indicate on the temporary license that the applicant has completed
8-1 a voter registration application form provided by the department.
8-2 SECTION 11. (a) The secretary of state shall study the
8-3 feasibility of developing a standardized electronic format for
8-4 entering voter information relating to residence address, including
8-5 reviewing any United States Postal Service approved software for
8-6 address standardization, for the purpose of identifying duplicate
8-7 registrations by voters.
8-8 (b) Not later than December 1, 2002, the secretary of state
8-9 shall issue a report summarizing:
8-10 (1) any recommendations by the secretary for address
8-11 standardization;
8-12 (2) any legislation proposed by the secretary for
8-13 address standardization; and
8-14 (3) any other findings or recommendations related to
8-15 the issue of address standardization.
8-16 (c) The secretary of state shall promptly deliver copies of
8-17 the report to the governor, the lieutenant governor, and the
8-18 speaker of the house of representatives.
8-19 SECTION 12. On or before January 1, 2002, the secretary of
8-20 state shall prescribe:
8-21 (1) a voter registration application form that
8-22 conforms to the changes made by Section 13.122, Election Code, as
8-23 amended by this Act; and
8-24 (2) a form for a confirmation notice and a
8-25 confirmation notice response that conforms to the changes made by
8-26 Sections 15.052 and 15.053, Election Code, as amended by this Act.
8-27 SECTION 13. On or before January 1, 2002, the Department of
9-1 Public Safety shall prescribe a temporary license form and a
9-2 temporary personal identification certificate form that conforms to
9-3 the changes made by Section 20.063(e), Election Code, as added by
9-4 this Act, and Sections 521.101(j) and 521.124(c), Transportation
9-5 Code, as added by this Act.
9-6 SECTION 14. (a) Except as provided by this section, this
9-7 Act takes effect September 1, 2001.
9-8 (b) The changes in law made by Sections 13.122(a) and (d),
9-9 Election Code, as amended or added by this Act, take effect January
9-10 1, 2002, and apply only to voter registration application forms
9-11 produced on or after that date. Voter registration application
9-12 forms produced before January 1, 2002, may continue to be used
9-13 until the supply is exhausted, and the former law governing those
9-14 forms is continued in effect for that purpose.
9-15 (c) The changes in law made by Section 20.063(e), Election
9-16 Code, as added by this Act, and Sections 521.101(j) and 521.124(c),
9-17 Transportation Code, as added by this Act, take effect January 1,
9-18 2002.