By: Hochberg H.B. No. 2319

A BILL TO BE ENTITLED

AN ACT

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

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

SECTION 1. Section 13.072 of the 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 complies with Section 13.002 and 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.]

(b) The registrar shall approve the application notwithstanding that:

(1) the applicant's birth date is included, or the box is marked that the applicant is 18 years of age or older, but not both;

(2) an address is not listed on the residential address line, but an address, other than a P.O. Box, is included on the mailing address line or elsewhere on the application;

(3) the application is not dated but it is postmarked or received by the voter registrar on or before the registration deadline;

(4) the application contains the street address and city or the street address and zip code, but not all three.

(c) The voter registrar shall approve a registration application notwithstanding omissions of the information required in 13.002(c) if there is sufficient information considering the entire registration application and public records maintained by the voter registrar to reasonably determine that the requirements in Section 13.001 are met.

(d) For the purpose of this section, if a voter registration application contains the last four digits of the applicant's social security number, but does not contain a driver's license number or personal identification card number, the applicant shall be deemed to have no current and valid driver's license or personal identification card number.

[(b)] (e) After approval of an application by an applicant who was registered in another county at the time of application, the registrar shall deliver written notice of the applicant's change of residence to the other county's registrar and include in the notice the applicant's name, former residence address, and former registration number, if known.

[(c)] (f) Except as provided by Subsection [(d)] (g), if the registrar determines that an application does not comply with Section 13.002 or does not indicate that the applicant is eligible for registration, the registrar shall reject the application.

[(d)] (g) If an application clearly indicates that the applicant resides in another county, the registrar shall forward the application to the other county's registrar not later than the second day after the date the application is received and, if the other county is not contiguous, shall deliver written notice of that action to the applicant not later than the seventh day after the date the application is received. The date of submission of a completed application to the wrong registrar is considered to be the date of submission to the proper registrar for purposes of determining the effective date of the registration.

SECTION 2. Subchapter C, Chapter 18, Election Code, is amended by adding Section 18.062 to read as follows:

Section 18.062. MATCHING OF VOTER INFORMATION. (a) The secretary of state shall adopt standards for determining whether the information provided by each applicant for voter registration matches information maintained by the Texas Department of Public Safety or the United States Social Security Administration. The secretary of state shall notify the registrar of the determination, including any discrepancy between the information provided by the applicant and matching information maintained by the Texas Department of Public Safety or the United States Social Security Administration.

(b) Information provided by an applicant shall be deemed matched for purposes of this section if a reasonable person would conclude that such applicant is likely to be the individual reflected in the information maintained by the Texas Department of Public Safety or the Social Security Administration.

(c) If a voter's information contained in the voter's registration record does not match the voter's information contained in the voter's social security or driver's license records according to the standards adopted under Subsection (a), the secretary of state shall enter the notation "M," or a similar notation, on the registration list beside the voter's name.

(d) The failure to find a match under Subsection (a) does not affect the validity of a registration application, and the registrar may not reject the application because of the failure to find a match.

SECTION 3. Chapter 63, Election Code, is amended by adding Section 63.010 to read as follows:

Section 63.010. VOTER ON THE 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 4. 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.