82R6913 JRJ-D

By: Zedler H.B. No. 1925

A BILL TO BE ENTITLED

AN ACT

relating to voter registration; creating an offense.

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

SECTION 1. Section 12.006, Election Code, is amended by amending Subsection (a) and adding Subsection (e) to read as follows:

(a) The registrar may appoint one or more deputy registrars to assist in the registration of voters, subject to Subsection (e).

(e) To be eligible for appointment as a regular deputy registrar under this section, a person must, for the six months immediately preceding the date of appointment:

(1) have resided continuously in this state; and

(2) have been a registered voter.

SECTION 2. Subchapter A, Chapter 12, Election Code, is amended by adding Section 12.007 to read as follows:

Sec. 12.007. TERMINATION OF APPOINTMENT. (a) An appointment as a deputy registrar is terminated on:

(1) the submission of an incomplete or late registration application; or

(2) apparent evidence of forgery by the deputy in the completion of a registration application.

(b) Immediately on the termination of an appointment, the registrar shall deliver written notice of the termination to the deputy, directing the deputy:

(1) to stop activity as a deputy registrar immediately; and

(2) to deliver the certificate of appointment, receipt forms, and registration applications and receipts in the deputy's possession to the registrar not later than the second day after the date the deputy receives the termination notice.

(c) The registrar shall reject all registration applications received by a person purporting to act as a deputy registrar after the person's appointment is terminated.

SECTION 3. Section 13.007(b), Election Code, is amended to read as follows:

(b) An offense under this section is a Class A [B] misdemeanor.

SECTION 4. Subchapter A, Chapter 13, Election Code, is amended by adding Section 13.008 to read as follows:

Sec. 13.008. UNLAWFUL APPLICATION BY PERSON WHO IS NOT UNITED STATES CITIZEN. (a) A person commits an offense if the person is not a citizen of the United States and the person:

(1) submits an application for registration as a voter in this state; or

(2) requests, commands, or attempts to induce another to submit on the person's behalf a registration application.

(b) An offense under this section is a state jail felony.

SECTION 5. Section 13.031, Election Code, is amended by amending Subsection (d) and adding Subsection (e) to read as follows:

(d) To be eligible for appointment as a volunteer deputy registrar, a person must:

(1) be 18 years of age or older; [and]

(2) not have been finally convicted of a felony or, if so convicted, must have:

(A) fully discharged the person's sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or

(B) been pardoned or otherwise released from the resulting disability to vote; and

(3) for the six months immediately preceding the date of appointment:

(A) have resided continuously in this state; and

(B) have been a registered voter.

(e) A volunteer deputy registrar appointed under this section may not receive another person's registration application until the deputy registrar has completed training developed under Section 13.047. At the time of appointment, the voter registrar shall provide information about the times and places at which training is offered.

SECTION 6. Section 13.036(a), Election Code, is amended to read as follows:

(a) An appointment as a volunteer deputy registrar is terminated on:

(1) the expiration of the volunteer deputy's term of appointment; [or]

(2) the final conviction of the volunteer deputy for an offense prescribed by Section 13.043;

(3) the submission of an incomplete or late registration application; or

(4) apparent evidence of forgery by the volunteer deputy in the completion of a registration application.

SECTION 7. Subchapter B, Chapter 13, Election Code, is amended by adding Section 13.047 to read as follows:

Sec. 13.047. TRAINING STANDARDS FOR DEPUTY REGISTRARS. (a) The secretary of state shall:

(1) adopt standards of training in election law relating to the registration of voters;

(2) develop materials for a standardized curriculum for that training; and

(3) distribute the materials as necessary to each county voter registrar.

(b) The training standards may include the passage of an examination at the end of a training program.

SECTION 8. Section 13.122(a), Election Code, is amended to read as follows:

(a) In addition to the other statements and spaces for entering information that appear on an officially prescribed registration application form, each official form must include:

(1) the statement: "I understand that giving false information to procure a voter registration is perjury and a crime under state and federal law and that submitting a voter registration or voting as a noncitizen is also a crime under state law.";

(2) a space for the applicant's registration number;

(3) a space for the applicant's Texas driver's license number or number of a personal identification card issued by the Department of Public Safety;

(4) a space for the applicant's telephone number;

(5) a space for the applicant's social security number;

(6) a space for the applicant's sex;

(7) a statement indicating that the furnishing of the applicant's telephone number and sex is optional;

(8) a space or box for indicating whether the applicant or voter is submitting new registration information or a change in current registration information;

(9) a statement instructing a voter who is using the form to make a change in current registration information to enter the voter's name and the changed information in the appropriate spaces on the form;

(10) a statement that if the applicant declines to register to vote, that fact will remain confidential and will be used only for voter registration purposes;

(11) a statement that if the applicant does register to vote, information regarding the agency or office to which the application is submitted will remain confidential and will be used only for voter registration purposes;

(12) a space or box for indicating whether the applicant is interested in working as an election judge;

(13) a statement warning that a conviction of an offense under this code [for making a false statement] may result in imprisonment for up to the maximum amount of time provided by law, a fine of up to the maximum amount provided by law, or both the imprisonment and the fine; and

(14) any other voter registration information required by federal law or considered appropriate and required by the secretary of state.

SECTION 9. Section 16.092, Election Code, is amended to read as follows:

Sec. 16.092. SWORN STATEMENT REQUIRED. A voter desiring to challenge a registration must file with the registrar a sworn statement of the grounds for the challenge that:

(1) identifies the voter whose registration is being challenged; and

(2) states a specific qualification for registration that the challenged voter has not met based on the personal knowledge of the voter desiring to challenge the registration or as evidenced by documentation.

SECTION 10. The appointment of a person serving as a regular deputy registrar or volunteer deputy registrar who does not meet the eligibility requirements of Section 12.006 or 13.031, Election Code, as amended by this Act, expires on the effective date of this Act. The secretary of state shall prescribe procedures necessary to implement this section.

SECTION 11. The secretary of state shall adopt training standards under Section 13.047, Election Code, as added by this Act, not later than January 1, 2012.

SECTION 12. The changes in law made by this Act apply only to a deputy voter registrar appointed on or after the date the secretary of state adopts training standards under Section 13.047, Election Code, as added by this Act.

SECTION 13. This Act takes effect September 1, 2011.