81R2298 JRJ-F

By: Brown of Kaufman H.B. No. 125

A BILL TO BE ENTITLED

AN ACT

relating to requiring a voter to present proof of identification.

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

SECTION 1. Subchapter A, Chapter 15, Election Code, is amended by adding Section 15.005 to read as follows:

Sec. 15.005. NOTICE OF IDENTIFICATION REQUIREMENTS. (a) The voter registrar of each county shall provide notice of the identification requirements for voting prescribed by Chapter 63 and a detailed description of those requirements with each voter registration certificate issued under Section 13.142 or renewal registration certificate issued under Section 14.001.

(b) The secretary of state shall prescribe the wording of the notice to be included on the certificate under this section.

SECTION 2. Subchapter A, Chapter 31, Election Code, is amended by adding Section 31.012 to read as follows:

Sec. 31.012. VOTER IDENTIFICATION EDUCATION. (a) Not earlier than 60 days or later than 30 days before each primary and general election, the secretary of state shall mail a notice describing in detail the identification requirements for voting prescribed by Chapter 63 to each voter who, in the last election:

(1) voted provisionally under Section 63.001(g); and

(2) did not submit proof of identification under Section 65.0541.

(b) The secretary of state by rule may create innovative programs to educate the population of this state about the requirements for voting prescribed by Chapter 63.

(c) The secretary of state and the voter registrar of each county that maintains a website shall provide notice of the identification requirements for voting prescribed by Chapter 63 on each entity's respective website. The secretary of state shall prescribe the wording of the notice to be included on the websites.

SECTION 3. Section 32.111, Election Code, is amended by adding Subsection (c) to read as follows:

(c) The training standards adopted under Subsection (a) must include provisions on the acceptance and handling of the identification presented by a voter to an election officer under Section 63.001.

SECTION 4. Section 32.114(a), Election Code, is amended to read as follows:

(a) The county clerk shall provide one or more sessions of training using the standardized training program and materials developed and provided by the secretary of state under Section 32.111 for the election judges and clerks appointed to serve in elections ordered by the governor or a county authority. Each election judge shall complete the training program. Each election clerk shall complete the part of the training program relating to the acceptance and handling of the identification presented by a voter to an election officer under Section 63.001.

SECTION 5. Chapter 62, Election Code, is amended by adding Section 62.016 to read as follows:

Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE POLLING PLACES. The presiding judge shall post in a prominent place on the outside of each polling location notice that a provisional ballot will be provided to a person who executes the appropriate affidavit and a list of the acceptable forms of photographic identification. The notice and list must be printed:

(1) in English, Spanish, and any other language appropriate to the precinct in which the polling place is located; and

(2) using a font that is at least 24 point.

SECTION 6. Section 63.001, Election Code, is amended by amending Subsections (b), (c), (d), and (f) and adding Subsection (g) to read as follows:

(b) Except as provided by Section 63.0012, on [On] offering to vote, a voter must present to an election officer at the polling place the voter's voter registration certificate and:

(1) one form of identification listed in Section 63.0101; or

(2) if applicable, two forms of identification as required by Section 63.0103 [to an election officer at the polling place].

(c) On presentation of the documentation required by Subsection (b) [a registration certificate], an election officer shall determine whether the voter's name on the registration certificate is on the list of registered voters for the precinct.

(d) If the voter's name is on the precinct list of registered voters and the voter's identity can be verified from the documentation presented under Subsection (b), the voter shall be accepted for voting.

(f) After determining whether to accept a voter, an election officer shall return the voter's documentation [registration certificate] to the voter.

(g) A voter shall be accepted for provisional voting only under Section 63.011 if:

(1) the requirements for identification prescribed by Subsection (b)(1) or (2) are not met; and

(2) the voter is not eligible for an exemption under Section 63.0012.

SECTION 7. Chapter 63, Election Code, is amended by adding Section 63.0012 to read as follows:

Sec. 63.0012. EXEMPTION FROM PROOF OF IDENTIFICATION REQUIREMENT. (a) A voter who presents the voter's voter registration certificate is not required to present the other documentation required under Section 63.001(b) if the voter executes an affidavit claiming the voter does not possess the documentation because the voter is indigent or has a religious objection to the documentation. The affidavit may be executed only:

(1) at the time the voter registers to vote;

(2) at the main early voting polling place when the voter is voting early by personal appearance;

(3) on election day if the voter resides in a licensed residential care facility in this state and the voter's polling place is located at that facility; or

(4) as allowed by Section 65.0541.

(b) The secretary of state shall prescribe procedures as necessary to implement this section.

SECTION 8. Section 63.006(a), Election Code, is amended to read as follows:

(a) A voter who, when offering to vote, presents a voter registration certificate indicating that the voter is currently registered in the precinct in which the voter is offering to vote, but whose name is not on the precinct list of registered voters, shall be accepted for voting if the voter's identity can be verified from the documentation presented under Section 63.001(b).

SECTION 9. Section 63.007(a), Election Code, is amended to read as follows:

(a) A voter who, when offering to vote, presents a voter registration certificate indicating that the voter is currently registered in a different precinct from the one in which the voter is offering to vote, and whose name is not on the precinct list of registered voters, shall be accepted for voting if the voter's identity can be verified from the documentation presented under Section 63.001(b) and the voter executes an affidavit stating that the voter:

(1) is a resident of the precinct in which the voter is offering to vote or is otherwise entitled by law to vote in that precinct;

(2) was a resident of the precinct in which the voter is offering to vote at the time that information on the voter's residence address was last provided to the voter registrar;

(3) did not deliberately provide false information to secure registration in a precinct in which the voter does not reside; and

(4) is voting only once in the election.

SECTION 10. Section 63.008(a), Election Code, is amended to read as follows:

(a) A voter who does not present a voter registration certificate when offering to vote, but whose name is on the list of registered voters for the precinct in which the voter is offering to vote, shall be accepted for voting if the voter executes an affidavit stating that the voter does not have the voter's voter registration certificate in the voter's possession at the polling place at the time of offering to vote and the voter's identity can be verified from the identification presented under Section 63.001(b)(1) or (2) [voter presents proof of identification in a form described by Section 63.0101].

SECTION 11. Section 63.0101, Election Code, is amended to read as follows:

Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. The following documentation containing the person's photograph 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 that has not expired or that expired no earlier than two years before the date of presentation or a similar document issued to the person by an agency of another state that[, regardless of whether the license or card] has not expired;

(2) a United States military [form of] identification card [containing the person's photograph that establishes the person's identity];

(3) a valid Veteran's Identification Card [birth certificate or other document confirming birth that is admissible in a court of law and establishes the person's identity];

(4) a United States citizenship certificate [papers] issued to the person;

(5) a United States passport issued to the person;

(6) a license to carry a concealed handgun issued to the person by the Department of Public Safety [official mail addressed to the person by name from a governmental entity];

(7) a tribal identification card issued to the person; or

(8) if the person is 65 years of age or older:

(A) an expired driver's license or personal identification card issued to the person by the Department of Public Safety or similar document issued to the person by an agency of another state; or

(B) an expired United States passport issued to the person [copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter; or

[(8) any other form of identification prescribed by the secretary of state].

SECTION 12. Chapter 63, Election Code, is amended by adding Section 63.0103 to read as follows:

Sec. 63.0103. ALTERNATIVE DOCUMENTATION PERMITTED FOR IDENTIFICATION OF CERTAIN VOTERS. (a) A person who is 65 years of age or older may present documents in the manner provided by this section as acceptable proof of identification under this chapter if the person:

(1) executes an affidavit stating that the person has never been issued a birth certificate because the person's birth was never recorded with any state office of vital statistics; or

(2) resides in a nursing home or residential care facility.

(b) A person to whom this section applies may present as identification either two different documents listed under Subdivision (1), or one document listed under Subdivision (1) and one document listed under Subdivision (2):

(1) the following primary documents issued to or belonging to the person:

(A) a Medicaid card or Medicare card;

(B) a Social Security benefits statement;

(C) a property deed;

(D) a property tax statement;

(E) a bank statement;

(F) a United States Veteran's Universal Access Card that contains the person's photograph;

(G) a marriage license or divorce decree;

(H) a pension statement;

(I) court records of the person's adoption or name change;

(2) the following secondary documents issued to or belonging to the person:

(A) a copy of a current utility bill, government check, paycheck, or other government document that shows the name and address of the person;

(B) official mail addressed to the person by name from a governmental entity;

(C) a library card that contains the person's name issued to the person by a public library located in this state;

(D) a hunting or fishing license issued to the person by the Parks and Wildlife Department.

SECTION 13. Sections 63.011(a) and (b), Election Code, are amended to read as follows:

(a) A person to whom Section 63.001(g), 63.008(b), or 63.009(a) applies may cast a provisional ballot if the person executes an affidavit stating that the person:

(1) is a registered voter in the precinct in which the person seeks to vote; and

(2) is eligible to vote in the election.

(b) A form for an affidavit required by this section must [shall] be printed on an envelope in which the provisional ballot voted by the person may be placed and must include a space for entering the identification number of the provisional ballot voted by the person and a space for an election officer to indicate whether the person presented proof of identification as required by Section 63.001(b)(1) or (2). The affidavit form may include space for disclosure of any necessary information to enable the person to register to vote under Chapter 13. The secretary of state shall prescribe the form of the affidavit under this section.

SECTION 14. Section 65.054(b), Election Code, is amended to read as follows:

(b) A provisional ballot may be accepted only if:

(1) the board determines that, from the information in the affidavit or contained in public records, the person is eligible to vote in the election and has not previously voted in that election; and

(2) the voter presents proof of identification as required by Section 63.001(b)(1) or (2):

(A) at the time the ballot was cast; or

(B) in the period prescribed under Section 65.0541.

SECTION 15. Subchapter B, Chapter 65, Election Code, is amended by adding Section 65.0541 to read as follows:

Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional voting under Section 63.011 because the voter does not present proof of identification as required by Section 63.001(b)(1) or (2) may, not later than the 10th business day after the date of the election:

(1) present proof of identification to the voter registrar for examination by the early voting ballot board; or

(2) execute an affidavit stating that an exemption under Section 63.0012 applies to the voter.

(b) The secretary of state shall prescribe procedures as necessary to implement this section.

SECTION 16. The heading to Subchapter I, Chapter 521, Transportation Code, is amended to read as follows:

SUBCHAPTER I. ISSUANCE OF DRIVER'S LICENSE AND PERSONAL

IDENTIFICATION CERTIFICATE

SECTION 17. Subchapter I, Chapter 521, Transportation Code, is amended by adding Section 521.183 to read as follows:

Sec. 521.183. PRIORITY ISSUANCE FOR CERTAIN PERSONAL IDENTIFICATION CERTIFICATES. The department shall process and issue a personal identification certificate to a person who applies for the identification certificate for the purpose of satisfying Section 63.001(b), Election Code, before processing or issuing other identification certificates.

SECTION 18. Section 521.422, Transportation Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:

(a) Except as provided by Subsection (d), the [The] fee for a personal identification certificate is:

(1) $15 for a person under 60 years of age;

(2) $5 for a person 60 years of age or older; and

(3) $20 for a person subject to the registration requirements under Chapter 62, Code of Criminal Procedure.

(d) The department may not collect a fee for a personal identification certificate issued to a person who:

(1) executes an affidavit stating that the person:

(A) is obtaining the personal identification certificate for the sole purpose of satisfying Section 63.001(b), Election Code;

(B) is financially unable to pay the required fee; and

(C) does not have another form of identification acceptable under Section 63.0101, Election Code; and

(2) is:

(A) a registered voter in this state and presents a valid voter registration certificate; or

(B) eligible for registration under Section 13.001, Election Code, and submits a registration application to the department.

SECTION 19. Sections 521.453(a) and (h), Transportation Code, are amended to read as follows:

(a) Except as provided by Subsection (f), a person [under the age of 21 years] commits an offense if the person possesses[, with the intent to represent that the person is 21 years of age or older,] a document that is deceptively similar to a driver's license or a personal identification certificate unless the document displays the statement "NOT A GOVERNMENT DOCUMENT" diagonally printed clearly and indelibly on both the front and back of the document in solid red capital letters at least one-fourth inch in height and the person:

(1) is under the age of 21 years and possesses the document with the intent to represent that the person is 21 years of age or older; or

(2) possesses the document with the intent to use the document as a form of identification for the purposes of Section 63.001(b), Election Code.

(h) In addition to the punishment provided by Subsection (d), a court, if the court is located in a municipality or county that has established a community service program, may order a person [younger than 21 years of age] who commits an offense under this section to perform eight hours of community service unless the person is shown to have previously committed an offense under this section, in which case the court may order the person to perform 12 hours of community service.

SECTION 20. As soon as practicable after September 1, 2009:

(1) the secretary of state shall adopt the training standards and develop the training materials required to implement the change in law made by this Act to Section 32.111, Election Code; and

(2) the county clerk of each county shall provide a session of training under Section 32.114, Election Code, using the standards adopted and materials developed to implement the change in law made by this Act to Section 32.111, Election Code.

SECTION 21. (a) Except as provided by Subsections (b) and (c) of this section, this Act takes effect January 1, 2010.

(b) Sections 14 and 15 of this Act take effect January 1, 2012.

(c) Sections 1, 2, 3, 4, and 20 of this Act take effect September 1, 2009.