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A BILL TO BE ENTITLED
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AN ACT
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relating to the application for voter registration; providing |
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criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.003, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) To be eligible for appointment as an agent to perform an |
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act under Subsection (a)(1), (3), (4), or (5), a person must: |
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(1) be the applicant's spouse, parent, or child; and |
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(2) be a qualified voter of the county or have |
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submitted a registration application and be otherwise eligible to |
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vote. |
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(c) Any person is eligible for appointment as an agent to |
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submit an application under Subsection (a)(2). |
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SECTION 2. Section 13.005(a), Election Code, is amended to |
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read as follows: |
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(a) A person commits an offense if the person acts as an |
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agent for an applicant as described by Section 13.003(a)(1), (3), |
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(4), or (5) but is not eligible for appointment as an agent for |
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those acts under Section 13.003(b). |
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SECTION 3. Section 13.006(a), Election Code, is amended to |
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read as follows: |
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(a) A person commits an offense if the person purports to |
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act as an agent in applying for registration or in signing a |
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registration application at a time when the person: |
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(1) is not an agent of the applicant under Section |
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13.003(a); and |
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(2) is not eligible for appointment under Section |
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13.003(b) or (c) as the agent of the person for whom the person |
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purports to act. |
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SECTION 4. Subchapter A, Chapter 13, Election Code, is |
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amended by adding Sections 13.008, 13.009, 13.010, 13.011, and |
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13.012 to read as follows: |
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Sec. 13.008. PERSONS WHO MAY REGISTER VOTERS. (a) To |
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encourage voter registration, a person may |
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(1) distribute voter registration application forms |
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throughout the county; and |
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(2) receive registration applications submitted to |
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the volunteer in person. |
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Sec. 13.009. HIGH SCHOOL VOLUNTEER REGISTRARS. A voter |
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registrar shall provide to each principal of a public or private |
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high school in the registrar's county or the principal's designee |
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voter registration application forms to be distributed to and |
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received in person from the school's students and employees. |
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Sec. 13.010. ISSUANCE OF RECEIPT. (a) On receipt of a |
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completed registration application, the person who receives the |
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application for delivery to the voter registrar shall prepare a |
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receipt in duplicate on a form furnished by the registrar. |
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(b) The receipt must contain: |
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(1) the name of the applicant and, if applicable, the |
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name of the applicant's agent; and |
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(2) the date the completed application is submitted to |
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the person. |
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(c) The person receiving the application shall sign the |
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receipt in the applicant's presence and shall give the original to |
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the applicant. |
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(d) The person receiving the application shall deliver the |
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duplicate receipt to the registrar with the registration |
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application. The registrar shall retain the receipt on file with |
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the application. |
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(e) The secretary of state may prescribe a procedure that is |
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an alternative to the procedure prescribed by this section that |
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will ensure the accountability of the registration applications. |
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Sec. 13.011. DELIVERY OF APPLICATION TO REGISTRAR. (a) A |
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person who receives a voter registration application from another |
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person shall deliver in person to the voter registrar each |
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completed application as provided by this section. The secretary |
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of state shall prescribe any procedures necessary to ensure the |
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proper and timely delivery of completed applications given to a |
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person who offers to deliver the application to the registrar on |
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behalf of the applicant. |
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(b) Except as provided by Subsection (c), a person who |
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offers to deliver the application to the registrar on behalf of the |
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applicant shall deliver the application to the registrar not later |
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than 5 p.m. of the fifth day after the date the person receives the |
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application. |
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(c) An application submitted after the 20th day and before |
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the 14th day before the date of an election in which any qualified |
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voter of the county is eligible to vote shall be delivered not later |
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than 5 p.m. of the 14th day before election day. |
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Sec. 13.012. FAILURE TO DELIVER APPLICATION. (a) A person |
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who receives a voter registration application from another person |
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commits an offense if the person intentionally or knowingly fails |
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to comply with Section 13.011. |
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(b) Except as provided by Subsection (c), an offense under |
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this section is a Class C misdemeanor. |
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(c) An offense under this section is a Class A misdemeanor |
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if the person's failure to comply is intentional. |
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SECTION 5. Section 20.037(c), Election Code, is amended to |
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read as follows: |
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(c) An application form delivered by mail must be |
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accompanied by a notice informing the applicant that the |
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application may be submitted in person or by mail to the voter |
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registrar of the county in which the applicant resides [or in person
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to a volunteer deputy registrar for delivery to the voter registrar
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of the county in which the applicant resides]. |
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SECTION 6. Section 20.122(c), Election Code, is amended to |
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read as follows: |
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(c) The application forms must be accompanied by a notice |
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informing the licensees that the applications may be submitted in |
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person or by mail to the voter registrar of the county in which they |
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reside [or in person to a volunteer deputy registrar for delivery to
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the voter registrar of the county in which they reside]. |
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SECTION 7. Section 31.040(b), Election Code, is amended to |
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read as follows: |
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(b) The commissioners court or the administrator may |
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require any or all of the administrator's deputies[, other than
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unpaid volunteer deputy registrars,] to give a bond similar to that |
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required of the administrator in an amount not exceeding the amount |
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of the administrator's bond. |
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SECTION 8. Section 31.161(b), Election Code, is amended to |
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read as follows: |
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(b) The joint elections commission or the joint elections |
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administrator may require any or all of the administrator's |
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deputies[, other than unpaid volunteer deputy registrars,] to give |
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a bond similar to that required of the administrator in an amount |
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not exceeding the amount of the administrator's bond. |
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SECTION 9. Subchapter B, Chapter 13, Election Code, is |
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repealed. |
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SECTION 10. The repeal by this Act of Sections 13.043, |
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13.044, and 13.046(g), Election Code, does not apply to an offense |
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committed under one of those sections before the effective date of |
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this Act. An offense committed under Section 13.043, 13.044, or |
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13.046(g), Election Code, is governed by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. |
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SECTION 11. The changes in law made by this Act apply only |
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to a voter registration application submitted on or after the |
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effective date of this Act. The submission of a voter registration |
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application before the effective date of this Act is governed by the |
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law in effect when the application was submitted, and the former law |
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is continued in effect for that purpose. |
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SECTION 12. This Act takes effect September 1, 2009. |