78R6544 DRH-F

By:  Campbell                                                     H.B. No. 2434


A BILL TO BE ENTITLED
AN ACT
relating to the registration of voters and certain election practices and procedures; providing criminal penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1.012, Election Code, is amended by adding Subsection (d) to read as follows: (d) In this code, "election record" includes: (1) anything distributed or received by government under this code; (2) anything required by law to be kept by others for information of government under this code; or (3) a certificate, application, notice, report, or other document or paper issued or received by government under this code. SECTION 2. Chapter 1, Election Code, is amended by adding Sections 1.017 and 1.018 to read as follows: Sec. 1.017. INELIGIBILITY NO DEFENSE TO PROSECUTION. It is no defense to prosecution under this code that a person who receives an official ballot is ineligible to vote in the election for which the ballot is received. Sec. 1.018. APPLICABILITY OF PENAL CODE. In addition to Section 1.03, Penal Code, and to other titles of the Penal Code that may apply to this code, Title 4, Penal Code, applies to offenses prescribed by this code. SECTION 3. Section 13.002(c), Election Code, is amended to read as follows: (c) A registration application must include: (1) the applicant's first name, middle name, if any, last name, and former name, if any; (2) the month, day, and year of the applicant's birth; (3) a statement that the applicant is a United States citizen; (4) a statement that the applicant is a resident of the county; (5) a statement that the applicant has not been determined mentally incompetent by a final judgment of a court; (6) a statement that the applicant has not been finally convicted of a felony or that the applicant is a felon eligible for registration under Section 13.001; (7) the applicant's residence address or, if the residence has no address, the address at which the applicant receives mail and a concise description of the location of the applicant's residence; (8) if the application is made by an agent, a statement of the agent's relationship to the applicant; [and] (9) the applicant's Texas driver's license number or number of the applicant's personal identification card issued by the Department of Public Safety, if the person has been issued a license or card; (10) if the applicant has been issued a social security number, the applicant's social security number; (11) a current photograph of the applicant; and (12) the city and county in which the applicant formerly resided. SECTION 4. Section 13.004(b), Election Code, is amended to read as follows: (b) The registrar may transcribe, copy, or otherwise record a social security number furnished on a registration application only in: (1) maintaining the accuracy of the registration records; or (2) assigning a voter registration number as provided by Section 13.141. SECTION 5. Section 13.122(a), Election Code, is amended to read as follows: (a) In addition to the other statements and spaces for entering information that appear on an officially prescribed registration application form, each official form must include: (1) the statement: "I understand that giving false information to procure a voter registration is perjury and a crime under state and federal law."; (2) a space for the applicant's registration number; (3) a space for the applicant's Texas driver's license number or number of a personal identification card issued by the Department of Public Safety; (4) a space for the applicant's telephone number; (5) a space for the applicant's social security number; (6) a space for the applicant's sex; (7) a statement indicating that the furnishing of the applicant's [driver's license number, personal identification card number,] telephone number[, social security number,] and sex is optional; (8) a space or box for indicating whether the applicant or voter is submitting new registration information or a change in current registration information; (9) a statement instructing a voter who is using the form to make a change in current registration information to enter the voter's name and the changed information in the appropriate spaces on the form; (10) a statement that if the applicant declines to register to vote, that fact will remain confidential and will be used only for voter registration purposes; (11) a statement that if the applicant does register to vote, information regarding the agency or office to which the application is submitted will remain confidential and will be used only for voter registration purposes; [and] (12) a statement that the applicant must provide a current photograph of the applicant; and (13) any other voter registration information required by federal law or considered appropriate and required by the secretary of state. SECTION 6. Section 13.141(b), Election Code, is amended to read as follows: (b) The secretary of state shall [may] prescribe a uniform system for assigning voter registration numbers. The system must assign registration numbers to voters as follows: (1) if a voter has a Texas driver's license number or number of a personal identification card issued by the Department of Public Safety and a social security number, the voter registration number is the number from the license or card followed by the last four digits of the person's social security number; and (2) if the voter does not have a number of a driver's license or a personal identification card and a social security number, the voter shall be assigned a unique number [If a uniform system is not prescribed, the registrar shall use a system that promotes efficient and accurate administration of voter registration]. SECTION 7. Section 15.001, Election Code, is amended to read as follows: Sec. 15.001. REQUIRED CONTENTS. (a) Each voter registration certificate issued must contain: (1) the voter's name in the form indicated by the voter, subject to applicable requirements prescribed by Section 13.002 and by rule of the secretary of state; (2) the voter's residence address or, if the residence has no address, the address at which the voter receives mail and a concise description of the location of the voter's residence; (3) the month, day, and year of the voter's birth; (4) the number of the county election precinct in which the voter resides; (5) the voter's effective date of registration if an initial certificate; (6) the voter's registration number; (7) an indication of the period for which the certificate is issued; (8) a statement explaining the circumstances under which the voter will receive a new certificate; (9) a space for stamping the voter's political party affiliation; (10) a statement that voting with the certificate by a person other than the person in whose name the certificate is issued is a felony; (11) a space for the voter's signature; (12) a statement that the voter must sign the certificate personally, if able to sign, immediately on receipt; (13) a space for the voter to correct the information on the certificate followed by a signature line; (14) the statement: "If any information on this certificate changes or is incorrect, correct the information in the space provided, sign below, and return this certificate to the voter registrar."; [and] (15) a picture of the voter; and (16) the registrar's mailing address and telephone number. (b) A certificate may not contain: (1) the voter's telephone number; (2) the voter's social security number, except for the last four digits included in a voter's registration number; or (3) except as provided by Section 15.002, any other information not specified by Subsection (a). (c) The registrar shall require a voter to provide a new picture every 10 years for inclusion in the registration certificate. SECTION 8. Subchapter E, Chapter 31, Election Code, is amended by adding Section 31.124 to read as follows: Sec. 31.124. HIRING OF EMPLOYEES BY CERTAIN OFFICIALS CONDUCTING ELECTIONS. (a) This section applies only to: (1) a county elections administrator; (2) a county clerk who performs duties under this code; and (3) a county tax assessor-collector who performs duties under this code. (b) For an office to which this section applies, if following a primary election in the county more than 70 percent of the employees who perform duties related to registration of voters or the holding of an election voted in one party's primary, the office shall seek future job applicants who did not vote in that party's primary. (c) To assist in complying with Subsection (b), the chair of a political party holding a primary in the county other than the party described in Subsection (b) may provide a written list of persons to that office of persons qualified to work in the office. SECTION 9. Section 32.034(a), Election Code, is amended to read as follows: (a) The clerks for the general election for state and county officers or for a special election to fill a vacancy in an office regularly filled at the general election shall be selected from different political parties in equal numbers from the lists provided in this section if possible. Not later than the 30th day before the date of an election, the commissioners court shall provide notice to the county chair of each party that may submit a list under this section of the maximum number of clerks per precinct that each party may seek to have appointed to serve a precinct under this section. SECTION 10. Section 32.091(a), Election Code, is amended to read as follows: (a) An election judge or clerk is entitled to compensation for services rendered at a precinct polling place at an hourly rate not to exceed $2 an hour above the federal minimum hourly wage as set [the amount fixed] by the appropriate authority[, which amount must be at least the federal minimum hourly wage]. A judge or clerk may be compensated at that rate for services rendered under Section 62.014(c). SECTION 11. Section 63.0101, Election Code, is amended to read as follows: Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. The following documentation is acceptable as proof of identification under this chapter: (1) a driver's license or personal identification card issued to the person by the Department of Public Safety or a similar document issued to the person by an agency of another state, and written proof of the last four digits of the person's social security number [regardless of whether the license or card has expired]; (2) a form of government identification containing the person's photograph that establishes the person's identity and written proof of the last four digits of the person's social security number; (3) a birth certificate or other document confirming birth that is admissible in a court of law and establishes the person's identity and written proof of the last four digits of the person's social security number; (4) United States citizenship papers issued to the person and written proof of the last four digits of the person's social security number; (5) a United States passport issued to the person and written proof of the last four digits of the person's social security number; (6) [pre-printed checks containing the person's name that are issued for a financial institution doing business in this state; [(7) official mail addressed to the person by name from a governmental entity; [(8)] two other government forms of photo identification that establish the person's identity; or (7) [(9)] any other form of identification prescribed by the secretary of state. SECTION 12. Section 64.036, Election Code, is amended by amending Subsections (a) and (d) and adding Subsection (e) to read as follows: (a) A person commits an offense if the person knowingly: (1) provides assistance to a voter who is not eligible for assistance; (2) while assisting a voter prepares the voter's ballot in a way other than the way the voter directs or without direction from the voter; [or] (3) while assisting a voter suggests by word, sign, or gesture how the voter should vote; or (4) provides assistance to a voter who has not requested assistance or selected the person to assist the voter. (d) Except as provided by Subsection (e), an [An] offense under this section is a Class B misdemeanor. (e) An offense under this section committed in regard to a voter casting an early voting ballot by mail is a Class A misdemeanor. SECTION 13. Section 84.002, Election Code, is amended by adding Subsection (c) to read as follows: (c) An application for a ballot to be voted by mail on the ground of disability must include a statement signed by the applicant to read as follows: "I have a sickness or physical condition that prevents me from appearing at the polling place on election day without a likelihood of needing personal assistance or injuring my health." The application must include the name of a physician or other health care provider treating the applicant. SECTION 14. Subchapter A, Chapter 84, Election Code, is amended by adding Section 84.0042 to read as follows: Sec. 84.0042. UNLAWFUL ASSISTANCE WITH APPLICATION. (a) A person commits an offense if the person completes any portion of an applicant's early voting ballot application except as requested by the applicant. (b) An offense under this section is a Class B misdemeanor. SECTION 15. Section 85.001(a), Election Code, is amended to read as follows: (a) The period for early voting by personal appearance begins on the 10th [17th] day before election day and continues through the fifth [fourth] day before election day, except as otherwise provided by this section. SECTION 16. Sections 85.006(a) and (e), Election Code, are amended to read as follows: (a) The [Except as provided by Subsection (b), the] authority ordering an election shall [may] order early voting by personal appearance at the main early voting polling place to be conducted on each Saturday or Sunday [one or more Saturdays or Sundays] during the early voting period. (e) In a primary election or the general election for state and county officers [in a county with a population of 100,000 or more], the early voting clerk shall order personal appearance voting at the main early voting polling place to be conducted for at least 12 hours on the [last] Saturday and for at least five hours on the [last] Sunday of the early voting period. [The early voting clerk shall order voting to be conducted at those times in those elections in a county with a population under 100,000 on receipt of a written request for those hours submitted by at least 15 registered voters of the county. The request must be submitted in time to enable compliance with Section 85.007.] This subsection supersedes any provision of this subchapter to the extent of any conflict. SECTION 17. Section 85.069, Election Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows: (b) The composition of the set of election officers serving a branch polling place must provide to the extent possible equal representation for each political party conducting a primary election in the county. (c) The county chair of a political party whose candidate for governor received the highest or second highest number of votes in the county in the most recent gubernatorial general election may, not later than the 25th day before a general election or the 10th day before a special election to fill a vacancy in an office regularly filled at the general election, submit to the early voting clerk a list containing names of persons to serve as election officer at a branch polling place. (d) For an election in which a county chair submits a list under Subsection (c), the early voting clerk shall notify the county chair of each person appointed from the list to serve as a branch polling place election officer in the election. SECTION 18. Section 87.041(b), Election Code, is amended to read as follows: (b) A ballot may be accepted only if: (1) the carrier envelope certificate is properly executed; (2) [neither] the voter's signature on the ballot application and [nor] the signature on the carrier envelope certificate match the voter's signature on the registration application [is determined to have been executed by a person other than the voter], unless signed by a witness; (3) the voter's ballot application states a legal ground for early voting by mail; (4) the voter is registered to vote, if registration is required by law; (5) the address to which the ballot was mailed to the voter, as indicated by the application, was outside the voter's county of residence, if the ground for early voting is absence from the county of residence; and (6) for a voter to whom a statement of residence form was required to be sent under Section 86.002(a), the statement of residence is returned in the carrier envelope and indicates that the voter satisfies the residence requirements prescribed by Section 63.0011. SECTION 19. Section 88.003(a), Election Code, is amended to read as follows: [(a)] The procedure for disposing of a challenge under this chapter is the same as the procedure prescribed by this code for disposing of a challenge to a voter at a polling place[, except as provided by this section]. SECTION 20. Subchapter A, Chapter 173, Election Code, is amended by adding Section 173.0081 to read as follows: Sec. 173.0081. PROHIBITION OF OTHER COMPENSATION FOR ELECTION PERSONNEL. The compensation of a person employed to assist a county chair in connection with a primary election is limited to the amount provided for the compensation by the state under this chapter. Other funds may not be used to supplement the compensation. SECTION 21. Chapter 13, Code of Criminal Procedure, is amended by adding Article 13.28 to read as follows: Art. 13.28. ELECTION OFFENSE. An offense involving an election may be prosecuted in Travis County or in the county in which the offense was committed. SECTION 22. The following sections of the Election Code are repealed: 85.001(b) and (c); 85.006(b), (c), and (d); 87.041(e); and 88.003(b), (c), (d), (e), and (f). SECTION 23. This Act takes effect January 1, 2004.