| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the verification of citizenship of an applicant for |
|
|
voter registration. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 13.002(a), Election Code, is amended to |
|
|
read as follows: |
|
|
(a) A person desiring to register to vote must submit an |
|
|
application to the registrar of the county in which the person |
|
|
resides. Except as provided by Subsection (e), an application must |
|
|
be submitted by personal delivery, by mail, or by telephonic |
|
|
facsimile machine in accordance with Section 13.143(d-2) [Sections
|
|
|
13.143(d) and (d-2)]. |
|
|
SECTION 2. Section 13.046(f), Election Code, is amended to |
|
|
read as follows: |
|
|
(f) Except as provided by this subsection, Sections |
|
|
13.039[, 13.041,] and 13.042 apply to the submission and delivery |
|
|
of registration applications under this section, and for that |
|
|
purpose, "volunteer deputy registrar" in those sections includes a |
|
|
high school deputy registrar. A high school deputy registrar may |
|
|
review an application for completeness out of the applicant's |
|
|
presence. A deputy may deliver a group of applications to the |
|
|
registrar by mail in an envelope or package, and, for the purpose of |
|
|
determining compliance with the delivery deadline, an application |
|
|
delivered by mail is considered to be delivered at the time of its |
|
|
receipt by the registrar. |
|
|
SECTION 3. Section 13.071, Election Code, is amended to |
|
|
read as follows: |
|
|
Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar |
|
|
shall review each submitted application for registration to |
|
|
determine whether it complies with Section 13.002 and indicates |
|
|
that the applicant is a United States citizen eligible for |
|
|
registration. |
|
|
(b) If the application is submitted to the Department of |
|
|
Public Safety in person with the proof of citizenship required by |
|
|
Section 20.063(e), the [The] registrar shall make the determination |
|
|
not later than the seventh day after the date the application is |
|
|
submitted to the registrar. |
|
|
(c) If the application is submitted in a manner other than |
|
|
the manner described by Subsection (b), the registrar shall forward |
|
|
the information relating to the applicant to the secretary of state |
|
|
for determining citizenship as provided by Section 13.0721. |
|
|
SECTION 4. Subchapter C, Chapter 13, Election Code, is |
|
|
amended by adding Section 13.0721 to read as follows: |
|
|
Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This |
|
|
section does not apply to an application for registration submitted |
|
|
to the Department of Public Safety in person with the proof of |
|
|
citizenship required by Section 20.063(e). |
|
|
(b) The secretary of state shall verify with the Department |
|
|
of Public Safety the citizenship status of each applicant for voter |
|
|
registration whose information is forwarded to the secretary of |
|
|
state as provided by Section 13.071(c). If the department verifies |
|
|
the applicant's citizenship status, the secretary of state shall |
|
|
notify the registrar. If the department does not have information |
|
|
regarding the citizenship status of the applicant or has |
|
|
information indicating that the applicant is not a citizen, the |
|
|
registrar and the applicant shall be notified as provided by |
|
|
secretary of state rule. |
|
|
(c) An applicant for voter registration who receives notice |
|
|
under Subsection (b) must provide proof of citizenship to the |
|
|
registrar not later than the 60th day after the date of receipt. |
|
|
Except as provided by Subsection (d), this proof must be presented |
|
|
in person. The following is acceptable as proof of citizenship |
|
|
under this section: |
|
|
(1) an unexpired passport issued to the person; |
|
|
(2) a certified copy of a birth certificate or other |
|
|
document confirming the person's birth that is admissible in a |
|
|
court of law and establishes the person's identity, presented with |
|
|
a government-issued identification that contains the person's |
|
|
photograph; or |
|
|
(3) United States citizenship papers issued to the |
|
|
person, presented with a government-issued identification that |
|
|
contains the person's photograph. |
|
|
(d) An applicant may mail a certified copy of a document |
|
|
described by Subsection (c)(2) or (3) with a copy of the person's |
|
|
government-issued photo identification to the registrar. |
|
|
(e) If an applicant does not provide proof of citizenship as |
|
|
required, the registrar shall reject the application and notify the |
|
|
secretary of state. The secretary of state shall keep a list of |
|
|
applicants of which the secretary receives notice under this |
|
|
section. |
|
|
(f) The secretary of state shall adopt rules and prescribe |
|
|
procedures to implement this section. |
|
|
SECTION 5. Section 13.143(a), Election Code, is amended to |
|
|
read as follows: |
|
|
(a) Except as provided by Subsection [Subsections] (b) [and
|
|
|
(e)], if an applicant's registration application is approved, the |
|
|
registration becomes effective on the 30th day after the date the |
|
|
application is approved [submitted to the registrar] or on the date |
|
|
the applicant becomes 18 years of age, whichever is later. |
|
|
SECTION 6. Section 20.063, Election Code, is amended by |
|
|
adding Subsection (e) to read as follows: |
|
|
(e) A person who submits a voter registration application to |
|
|
the department in person shall at the time of submission present as |
|
|
proof of citizenship: |
|
|
(1) an unexpired passport issued to the person; |
|
|
(2) a certified copy of a birth certificate or other |
|
|
document confirming the person's birth that is admissible in a |
|
|
court of law and establishes the person's identity; or |
|
|
(3) United States citizenship papers issued to the |
|
|
person. |
|
|
SECTION 7. Sections 13.041 and 13.143(d) and (e), Election |
|
|
Code, are repealed. |
|
|
SECTION 8. The changes in law made by this Act apply only to |
|
|
an application to register to vote submitted on or after the |
|
|
effective date of this Act. |
|
|
SECTION 9. This Act takes effect September 1, 2017. |