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A BILL TO BE ENTITLED
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AN ACT
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relating to voter registration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Election Code, is amended by adding |
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Chapter 11A to read as follows: |
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CHAPTER 11A. VOTER IDENTIFICATION |
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Sec. 11A.001. APPLICABILITY. (a) Except as provided by |
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Subsection (b), this chapter supersedes a provision of this code or |
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a statute outside this code to the extent of any conflict. |
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(b) This chapter does not apply to the voter registration of |
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a person who is 65 years of age or older. This subsection expires |
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September 1, 2031. |
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Sec. 11A.002. DEFINITION. In this chapter, "department" |
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means the Department of Public Safety. |
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Sec. 11A.003. VOTER IDENTIFICATION ISSUED BY DEPARTMENT. |
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(a) The secretary of state shall adopt rules in conjunction with |
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the department to establish a process by which the issuance of a |
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driver's license or a personal identification card by the |
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department is the sole means of voter identification for the |
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purposes of being accepted for voting. |
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(b) The process established under this section must: |
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(1) phase out the use of voter registration |
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certificates; and |
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(2) provide for the encryption of a person's voter |
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registration number on the person's driver's license or personal |
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identification card. |
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Sec. 11A.004. RULES. (a) The secretary of state shall adopt |
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rules as necessary for the implementation and administration of |
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this chapter. |
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(b) The department shall adopt rules as necessary for the |
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implementation and administration of this chapter. |
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SECTION 2. Subchapter A, Chapter 12, Election Code, is |
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amended by adding Section 12.007 to read as follows: |
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Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER |
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REGISTRARS. An election officer serving a polling place for early |
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voting by personal appearance is a deputy voter registrar and has |
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the same authority as a regular deputy registrar. |
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SECTION 3. Section 65.054, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Except as provided by Subsection (b-1), a [A] |
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provisional ballot may be accepted only if the board determines |
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that, from the information in the affidavit or contained in public |
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records, the person is eligible to vote in the election and has not |
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previously voted in that election. |
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(b-1) A provisional ballot cast under Section 85.0312 shall |
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be accepted if the voter registrar determines the applicant is |
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eligible for registration under Section 85.0312(d). |
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SECTION 4. Subchapter B, Chapter 85, Election Code, is |
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amended by adding Section 85.0312 to read as follows: |
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Sec. 85.0312. REGISTRATION AT POLLING PLACE DURING EARLY |
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VOTING. (a) A person who would be eligible to vote in an election |
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under Section 11.001, but for the requirement to be a registered |
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voter, shall be accepted during early voting by personal appearance |
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for voting the ballot for the precinct of the person's residence as |
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shown by the identification presented if, on the day the person |
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offers to vote, the person: |
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(1) submits a voter registration application that |
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complies with Section 13.002 to an election officer at the polling |
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place; and |
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(2) presents as proof of residence: |
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(A) a Texas driver's license, including a |
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temporary license or instruction permit, or personal |
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identification card issued to the person by the Department of |
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Public Safety that states the person's current address on the day |
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the person seeks to vote; or |
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(B) a utility bill addressed to the person dated |
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not earlier than the 30th day before the date the person seeks to |
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vote, and: |
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(i) a Texas driver's license, including a |
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temporary license or instruction permit, or personal |
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identification card issued to the person by the Department of |
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Public Safety, regardless of whether the address stated on the |
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license or card is current on the day the person seeks to vote; |
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(ii) a United States passport issued to the |
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person; or |
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(iii) a United States military |
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identification card that contains the person's photograph. |
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(b) The election officer shall make a copy of the proof of |
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residence submitted under Subsection (a)(2) and attach it to the |
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registration application. The election officer shall return the |
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original proof of residence to the voter. |
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(c) A person voting under this section shall vote a |
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provisional ballot in the manner provided by Section 63.011 except |
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that the person is not required to submit the affidavit under |
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Section 63.011(a). |
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(d) For each registration corresponding to a ballot cast |
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under this section, the voter registrar shall review the |
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application and copy of the proof of residence and determine |
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whether the applicant is eligible for registration as provided by |
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Subchapter C, Chapter 13. The registrar shall inform the early |
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voting ballot board of a determination made under this subsection. |
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A registration approved under this subsection takes effect on the |
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date the vote was cast. |
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(e) The secretary of state may by rule: |
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(1) designate additional documents that a person may |
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offer to prove the person's residence to register and vote under |
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this section; and |
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(2) prescribe procedures to implement this section. |
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SECTION 5. Not later than January 1, 2012, the secretary of |
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state and the Department of Public Safety shall adopt rules |
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required to implement the changes in law made by this Act. |
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SECTION 6. This Act takes effect September 1, 2011. |