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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination that a voter is deceased. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 16.033(b), (c), and (d), Election Code, |
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are amended to read as follows: |
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(b) If the registrar has reason to believe that a voter is no |
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longer eligible for registration, the registrar shall deliver |
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written notice to the voter indicating that the voter's |
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registration status is being investigated by the registrar. The |
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notice shall be delivered by forwardable mail to the mailing |
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address on the voter's registration application and to any new |
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address of the voter known to the registrar. If the secretary of |
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state has adopted or recommended a form for a written notice under |
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this section, the registrar must use that form. |
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(c) The notice must include: |
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(1) a request for information relevant to determining |
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the voter's eligibility for registration; and |
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(2) a warning that the voter's registration is subject |
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to cancellation if the registrar does not receive an appropriate |
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reply on or before the 60th [30th] day after the date the notice is |
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mailed. |
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(d) Except as provided by Subsection (e), the registrar |
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shall cancel a voter's registration if: |
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(1) after considering the voter's reply, the registrar |
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determines that the voter is not eligible for registration; |
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(2) no reply is received from the voter on or before |
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the 60th [30th] day after the date the notice is mailed to the voter |
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under Subsection (b); or |
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(3) each notice mailed under Subsection (b) is |
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returned undelivered to the registrar with no forwarding |
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information available. |
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SECTION 2. Section 18.068, Election Code, as added by |
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Chapter 683 (H.B. 174), Acts of the 82nd Legislature, Regular |
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Session, 2011, is amended to read as follows: |
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Sec. 18.068. COMPARISON OF INFORMATION REGARDING |
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INELIGIBILITY. (a) The secretary of state shall quarterly compare |
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the information received under Section 16.001 of this code and |
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Section 62.113, Government Code, to the statewide computerized |
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voter registration list. If the secretary determines that a voter |
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on the registration list is deceased or has been excused or |
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disqualified from jury service because the voter is not a citizen, |
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the secretary shall send notice of the determination to the voter |
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registrar of the counties considered appropriate by the secretary. |
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(b) The following information combinations identified as |
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common to a voter and an individual who is deceased are considered a |
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weak match: |
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(1) an exact match of first name, last name, and date |
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of birth; |
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(2) an exact match of first name, last name, and full |
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social security number; |
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(3) an exact match of date of birth and full social |
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security number; |
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(4) an exact match of last name, date of birth, and |
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last four digits of social security number; |
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(5) an exact match of last name and full social |
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security number; or |
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(6) an exact match of information in the combination |
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described by Subdivision (1), (2), (3), (4), or (5) and additional |
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information determined by secretary of state rule, except as |
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provided by Subsection (e). |
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(c) The secretary of state may not determine that a voter is |
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deceased based on a weak match. The secretary of state may inform |
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the county of the voter's residence that a weak match exists. |
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(d) On receiving notification from the secretary of state |
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under Subsection (c) that a weak match of identifying information |
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exists for a county voter and an individual who is deceased, the |
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county shall investigate whether the voter is the individual who is |
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deceased. If the county determines that the voter is alive or if |
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the voter appears to vote in person, the county shall request that |
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the voter provide any information required to be furnished on a |
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voter registration application that the county does not have |
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recorded for the voter, but the voter may not be required to furnish |
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the information. A weak match may not be the sole basis on which to |
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cancel a voter's voter registration or to require the voter to |
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furnish additional information to prevent cancellation of the |
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voter's voter registration. |
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(e) An exact match of the last name, full social security |
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number, and date of birth of a voter and an individual who is |
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deceased is considered a strong match, except that the secretary of |
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state may by rule require more information in common to determine |
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that a strong match exists. The secretary of state may determine |
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that a voter is deceased based on a strong match. |
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(f) The secretary of state may obtain information from other |
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state agency databases when determining whether a voter is |
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deceased. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |