By: Ellis, Zaffirini S.B. No. 1867

A BILL TO BE ENTITLED

AN ACT

relating to procedures related to the placement of a voter on the suspense list.

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

SECTION 1. Section 14.022, Election Code, is amended to read as follows:

Sec. 14.022. ERRONEOUS RETURN OF RENEWAL CERTIFICATE. A voter registrar shall determine whether [If the registrar determines that] a voter's renewal certificate was returned undelivered solely because of postal service error, address reclassification, or the registrar's clerical error. If the registrar determines that the certificate was returned solely because of that error or reclassification, the registrar shall delete the voter's name from the suspense list, make any other appropriate corrections in the registration records, and deliver the certificate to the voter.

SECTION 2. Section 16.032, Election Code, is amended to read as follows:

Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST PERIOD. (a) If on November 30 following the second general election for state and county officers that occurs after the date the voter's name is entered on the suspense list a registered voter's name appears on the suspense list, the registrar shall cancel the voter's registration unless the name is to be deleted from the list under Section 15.023.

(b) For purposes of Subsection (a), if a voter whose name appears on the suspense list is shown to have voted in an election and the name is not to be deleted from the list under Section 15.023, the date on which the voter is considered to have been entered on the suspense list is the date of the most recent election in which the voter voted.

SECTION 3. Section 63.0011, Election Code, is amended by adding Subsection (f) to read as follows:

(f) The secretary of state shall adopt rules to provide for the uniform and auditable processing of a statement of residence required under this section.

SECTION 4. The change in law made by this Act to Section 14.022, Election Code, applies only to a voter registration renewal certificate returned undelivered and received by a voter registrar on or after the effective date of this Act. A voter registration renewal certificate returned undelivered and received by a voter registrar before the effective date of this Act is governed by the law in effect when the registrar received the undelivered certificate, and the former law is continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 2009.