80R14021 ATP-F

By: Hochberg, England H.B. No. 2319

Substitute the following for H.B. No. 2319:

By: Bohac C.S.H.B. No. 2319

A BILL TO BE ENTITLED

AN ACT

relating to procedures concerning voter registration and the acceptance of individuals for voting.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 13.002(d), Election Code, is amended to read as follows:

(d) The registrar shall approve a registration application notwithstanding an omission of information required by Subsection (c) if the application contains sufficient information considering the entire registration application and public records maintained by the voter registrar to reasonably determine that the voter is eligible to register as provided by Section 13.001. The omission of the following information [applicant's middle or former name under Subsection (c)(1) or the applicant's zip code under Subsection (c)(7)] does not affect the validity of a registration application, and the registrar may not reject the application because of the [that] omission of:

(1) the applicant's middle or former name under Subsection (c)(1) or the applicant's zip code under Subsection (c)(7);

(2) a mark indicating an affirmative answer on any space or box provided on the official application form for indicating whether the applicant will be at least 18 years of age on election day, if the application contains the applicant's birth date;

(3) the applicant's residence address on the space provided for the residence address, if the application provides an address, other than a post office box address, anywhere on the application, including in any space provided for the applicant's mailing address on the application form;

(4) a date of submission; or

(5) the applicant's Texas driver's license number, the number of a personal identification card issued by the Department of Public Safety, or a statement or other indication by the applicant that the applicant has not been issued a driver's license or personal identification card, if the application contains the last four digits of the applicant's social security number.

SECTION 2. Section 13.072(a), Election Code, is amended to read as follows:

(a) Unless the registrar challenges the applicant, the registrar shall approve the application if[:

[(1)] the registrar determines that an application:

(1) complies with Section 13.002; and

(2) indicates that the applicant is eligible for registration[; and

[(2) for an applicant who has not included a statement described by Section 13.002(c)(8)(C), the registrar verifies with the secretary of state:

[(A) the applicant's Texas driver's license number or number of a personal identification card issued by the Department of Public Safety; or

[(B) the last four digits of the applicant's social security number].

SECTION 3. Subchapter C, Chapter 18, Election Code, is amended by adding Section 18.062 to read as follows:

Sec. 18.062. MATCHING OF VOTER INFORMATION. (a) The secretary of state shall determine whether the information provided by each applicant for voter registration matches information maintained by the Department of Public Safety or the United States Social Security Administration under standards adopted by the secretary of state. The secretary of state shall notify the registrar of the determination made under this subsection.

(b) Information provided by an applicant for voter registration is considered to match information maintained by the Department of Public Safety or the United States Social Security Administration if a reasonable person would conclude that the applicant is likely to be the individual reflected in the information maintained by either agency.

(c) If a voter's information contained in the voter's registration record does not match the voter's information maintained by the Department of Public Safety or the United States Social Security Administration under standards adopted under Subsection (a), the secretary of state shall enter the notation "M," or a similar notation, on the statewide computerized voter registration list beside the voter's name.

(d) The secretary of state's determination that information provided by each applicant for voter registration does not match information maintained by the Department of Public Safety or the United States Social Security Administration does not affect the validity of a voter registration application, and a voter registrar may not reject an application because the information does not match.

SECTION 4. Chapter 63, Election Code, is amended by adding Section 63.010 to read as follows:

Sec. 63.010. VOTER WHO IS ON LIST WITH INDICATION OF MISMATCH. (a) A voter whose name appears on the registration list with the notation "M," or a similar notation, shall be accepted for voting if the voter presents proof of identification in a form described by Section 63.0101.

(b) If the requirements prescribed by Subsection (a) are not met, the voter may be accepted for provisional voting only under Section 63.011.

SECTION 5. Not later than January 1, 2008, the secretary of state shall adopt standards for determining whether information for an applicant for voter registration matches the applicant's information maintained by the United States Social Security Administration or the Department of Public Safety of the State of Texas for the purpose of adding a notation beside the voter's name on the statewide computerized voter registration list, as required by Section 18.062, Election Code, as added by this Act.

SECTION 6. The changes in law made by Sections 1, 2, and 3 of this Act apply only to an election held on or after January 1, 2008.

SECTION 7. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.