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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 ineligible to vote. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 or has been |
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excused or disqualified from jury service because the individual is |
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not a citizen are considered a 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 or is not a citizen based on a weak match. The secretary of |
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state may inform the county of the voter's residence that a weak |
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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 or has |
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been excused or disqualified from jury service because the |
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individual is not a citizen, the county shall investigate whether |
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the voter is the individual who is deceased or has been excused or |
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disqualified from jury service because the individual is not a |
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citizen. If the county determines that the voter is alive or if the |
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voter appears to vote in person, the county shall request that the |
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voter provide any information required to be furnished on a voter |
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registration application that the county does not have recorded for |
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the voter, but the voter may not be required to furnish the |
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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 or has been excused or disqualified from jury service |
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because the individual is not a citizen is considered a strong |
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match, except that the secretary of state may by rule require more |
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information in common to determine that a strong match exists. The |
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secretary of state may determine that a voter is deceased or is not |
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a citizen 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 2. Section 16.0332(a), Election Code, is amended to |
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read as follows: |
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(a) After the registrar receives notice from the secretary |
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of state under Section 18.068 of a determination that a person has |
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been excused or disqualified from jury service because of |
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citizenship status or a list under [Section 18.068 of this code or] |
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Section 62.113, Government Code, of persons excused or disqualified |
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from jury service because of citizenship status, the registrar |
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shall deliver to each registered voter whose name appears on the |
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notice or list a written notice requiring the voter to submit to the |
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registrar proof of United States citizenship in the form of a |
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certified copy of the voter's birth certificate, United States |
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passport, or certificate of naturalization or any other form |
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prescribed by the secretary of state. The written notice shall be |
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delivered by forwardable mail to the mailing address on the voter's |
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registration application and to any new address of the voter known |
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to the registrar. |
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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. |