By: Dunnam H.B. No. 4418

A BILL TO BE ENTITLED

AN ACT

relating to voter integrity measures and punishment for related offenses.

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

SECTION 1. This Act may be cited as the "Voter Integrity Act of 2009."

SECTION 2. Sections 15.001 and 15.002, Election Code, are amended to read as follows:

Sec. 15.001. REQUIRED CONTENTS. (a) Each voter registration certificate issued must be identical in form as a driver's license, including identical materials, and 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.";

(15) the registrar's mailing address and telephone number; and

(16) the jurisdictional or distinguishing number for the following territorial units in which the voter resides, as determined by the voter registrar:

(A) congressional district;

(B) state senatorial district;

(C) state representative district;

(D) commissioners precinct;

(E) justice precinct;

(F) city election precinct; and

(G) school district election precinct;

(17) the voter's sex;

(18) a representation of the Texas flag; and

(18) on the reverse, a strip for electronically-readable information.

(b) A certificate may not contain:

(1) the voter's telephone number;

(1-a) a photograph of the voter;

(2) the voter's social security number; or

(3) except as provided by Section 15.002, any other information not specified by Subsection (a).

(c) Except as provided by Subsection (d), the certificate issued under this section is the only form of identification a voter must present to an election official in order to exercise the person's fundamental right to vote. If the provisions of another law conflict with the provisions of this section, this section controls to the extent of the conflict.

(d) A voter may request the Department of Public Safety to encode the voter's driver's license to indicate the voter's status as a registered voter. The department shall adopt rules to implement this section. If the voter's driver's license is encoded as provided under this section, a voter may, but cannot be compelled to, present the voter's driver's license in lieu of the certificate issued under this section.

Sec. 15.002. OPTIONAL CONTENTS. (a) A voter registration certificate may be accompanied by a separate sheet contain an explanation of the voter's rights or duties under this code, including:

(1) the procedure by which the voter will receive a renewal certificate;

(2) the necessity of notifying the registrar if the voter changes residence;

(3) the necessity of applying for a new registration if the voter changes residence to another county;

(4) the period during which the voter may vote a limited ballot after changing residence to another county;

(5) the procedure for voting without a certificate; and

(6) the procedure for obtaining a replacement for a lost or destroyed certificate.

[(b) An explanation authorized by Subsection (a) may appear on a separate sheet accompanying the certificate when it is delivered.]

(c) In addition to the territorial units required to be listed on a voter registration certificate under Section 15.001(a)(16), a certificate may contain up to seven jurisdictional or distinguishing numbers for any other territorial units in which the voter resides.

[(d) A voter registration certificate may contain the voter's sex.]

SECTION 3. Section 32.51(c), Penal Code, is amended to read as follows

(c) An offense under this section is:

(1) a state jail felony if the number of items obtained, possessed, transferred, or used is less than five;

(2) a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10 or if one or more items is obtained, possessed, transferred, or used by a person to obtain a voter registration certificate or used by a person to cast a vote;

(3) a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50; or

(4) a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.

SECTION 4. Chapter 16, Election Code, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. REPORTS

Sec. 16.101. REPORT BY REGISTRAR. Each registrar shall report the registrar's cancellations under this chapter monthly to the Secretary of State.

Sec. 16.102. REPORT BY SECRETARY OF STATE. The secretary of state shall report all cancellations under this chapter monthly to the lieutenant governor, the speaker of the house of representatives, the chairmen of the committees of each house of the legislature with oversight responsibility for office of secretary of state, and the state auditor.

Sec. 16.103. TIME FOR MAKING REPORTS. Each report under this subchapter shall be made not later than the fifth day of each month and shall report on the cancellations made in the preceding month.

SECTION 5. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense was committed before the effective date of this Act if any element of the offense was committed before the date.

SECTION 6. 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, 2009.