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.