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A BILL TO BE ENTITLED
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AN ACT
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relating to automatic voter registration on issuance or change of a |
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driver's license or identification card by the Department of Public |
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Safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. VOTER REGISTRAR, APPLICATION FOR REGISTRATION, INITIAL |
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REGISTRATION, AND RENEWAL OF REGISTRATION |
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SECTION 1.01. Section 12.001, Election Code, is amended to |
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read as follows: |
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Sec. 12.001. DESIGNATION OF VOTER REGISTRAR. (a) Except as |
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provided by Subsection (b), the [The] county tax assessor-collector |
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is the voter registrar for the county unless the position of county |
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elections administrator is created or the county clerk is |
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designated as the voter registrar. |
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(b) The secretary of state is the voter registrar for the |
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purpose of the registration of voters and maintenance of the list of |
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registered voters. The voter registrar designated under Subsection |
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(a) is the voter registrar for all other purposes. |
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SECTION 1.02. Section 12.004, Election Code, is amended to |
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read as follows: |
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Sec. 12.004. OFFICE HOURS. (a) [The registrar shall
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conduct voter registration activities at all times during regular
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office hours.
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[(b)
The registrar may keep the office open for voter
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registration activities at times other than regular office hours.
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The registrar shall post notice of the irregular days and hours the
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office will be open. The notice must remain posted continuously at
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each entrance to the registrar's office for the period beginning
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not later than the third day before the day the office is to be open
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during irregular hours and ending after the last time specified in
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the notice for the office to be open.
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[(c)] The registrar's office shall remain open [for voter
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registration activities] during the hours the polls are required to |
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be open for voting on the date of any general or primary election in |
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which a statewide office appears on the ballot or any other election |
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held in the county on a uniform election date. |
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(b) [(d)] If early voting by personal appearance is |
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required to be conducted for extended hours under Section 85.005(c) |
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or for weekend hours under Section 85.006(e), the registrar's |
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office shall remain open for providing voter registration |
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information during the extended hours or weekend hours that the |
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main early voting polling place is open for voting. |
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SECTION 1.03. Section 13.001(b), Election Code, is amended |
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to read as follows: |
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(b) To be eligible to apply for registration, a person must, |
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on the date the registration application is submitted to the |
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secretary of state [registrar], be at least 17 years and 10 months |
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of age and satisfy the requirements of Subsection (a) except for |
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age. |
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SECTION 1.04. The heading to Section 13.002, Election Code, |
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is amended to read as follows: |
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Sec. 13.002. OPTIONAL APPLICATION [REQUIRED]. |
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SECTION 1.05. Section 13.002, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (j) to read as |
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follows: |
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(a) A person desiring to register to vote may [must] submit |
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an application to the secretary of state [registrar of the county in
|
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which the person resides]. Except as provided by Subsection (e), an |
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application must be submitted by personal delivery, by mail, or by |
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telephonic facsimile machine in accordance with Sections 13.143(d) |
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and (d-2). |
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(j) Nothing in this section shall prevent a person from |
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becoming registered to vote as provided by Section 13.009. |
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SECTION 1.06. Section 13.0021, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A federal judge or state judge or the spouse of a federal |
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judge or state judge who is automatically registered to vote under |
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Section 13.009 and seeks to have a residence address omitted from |
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the registration list shall submit an affidavit to the secretary of |
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state stating that the individual is a federal judge or state judge |
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or the spouse of a federal judge or state judge. |
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SECTION 1.07. Section 13.004, Election Code, is amended to |
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read as follows: |
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Sec. 13.004. RECORDING AND DISCLOSURE OF CERTAIN |
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INFORMATION [BY REGISTRAR]. (a) The secretary of state |
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[registrar] may not transcribe, copy, or otherwise record a |
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telephone number furnished on a registration application. |
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(b) The secretary of state [registrar] may transcribe, |
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copy, or otherwise record a social security number furnished on a |
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registration application only in maintaining the accuracy of the |
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registration records. |
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(c) The following information furnished on a registration |
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application is confidential and does not constitute public |
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information for purposes of Chapter 552, Government Code: |
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(1) a social security number; |
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(2) a Texas driver's license number; |
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(3) a number of a personal identification card issued |
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by the Department of Public Safety; |
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(4) an indication that an applicant is interested in |
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working as an election judge; or |
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(5) the residence address of the applicant, if the |
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applicant is a federal judge or state judge, as defined by Section |
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13.0021, the spouse of a federal judge or state judge, or an |
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individual to whom Section 552.1175, Government Code, applies and |
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the applicant: |
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(A) included an affidavit with the registration |
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application describing the applicant's status under this |
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subdivision, including an affidavit under Section 13.0021 if the |
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applicant is a federal judge or state judge or the spouse of a |
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federal judge or state judge; or |
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(B) provided the secretary of state [registrar] |
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with an affidavit describing the applicant's status under this |
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subdivision, including an affidavit under Section 13.0021 or |
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15.0215 if the applicant is a federal judge or state judge or the |
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spouse of a federal judge or state judge[; or
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[(C)
provided the registrar with a completed form
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approved by the secretary of state for the purpose of notifying the
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registrar of the applicant's status under this subdivision]. |
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(c-1) The secretary of state and the registrar shall ensure |
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that the information listed in Subsection (c) is excluded from |
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disclosure. |
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(d) The secretary of state, voter registrar, or other county |
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official who has access to the information furnished on a |
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registration application may not post the following information on |
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a website: |
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(1) a telephone number; |
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(2) a social security number; |
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(3) a driver's license number or a number of a personal |
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identification card; |
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(4) a date of birth; or |
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(5) the residence address of a voter who is a federal |
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judge or state judge, as defined by Section 13.0021, or the spouse |
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of a federal judge or state judge, if the voter included an |
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affidavit with the application under Section 13.0021 or the |
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secretary of state [registrar] has received an affidavit submitted |
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under Section 13.0021(c) or 15.0215. |
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SECTION 1.08. Subchapter A, Chapter 13, Election Code, is |
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amended by adding Sections 13.009 and 13.010 to read as follows: |
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Sec. 13.009. VOTER REGISTRATION THROUGH DEPARTMENT OF |
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PUBLIC SAFETY. (a) The secretary of state shall automatically |
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register any individual who is eligible to vote as provided by |
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Section 13.001 and: |
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(1) is issued a Texas driver's license or a personal |
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identification card by the Department of Public Safety; or |
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(2) makes a change to a Texas driver's license or |
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personal identification card issued by the Department of Public |
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Safety. |
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(b) A driver's license or personal identification card |
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transaction with an indication provided by Section 20.062(b) or |
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20.063(c) that the transaction is not for voter registration |
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purposes is not subject to this section. |
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Sec. 13.010. PAPER APPLICATION FOR VOTER REGISTRATION. The |
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secretary of state shall post on its Internet website voter |
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registration application forms that may be printed and submitted to |
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the secretary of state in: |
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(1) English; and |
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(2) any language other than English for which over |
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five percent of the total voting age citizens of a political |
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subdivision in this state are members of that single minority |
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language group. |
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SECTION 1.09. Section 13.071, Election Code, is amended to |
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read as follows: |
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Sec. 13.071. REVIEW OF APPLICATION. (a) The secretary of |
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state [registrar] shall review each submitted application for |
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registration to determine whether it complies with Section 13.002 |
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and indicates that the applicant is eligible for registration. |
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(b) The secretary of state [registrar] shall make the |
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determination not later than the seventh day after the date the |
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application is submitted to the secretary of state [registrar]. |
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SECTION 1.10. Sections 13.072(a), (b), and (c), Election |
|
Code, are amended to read as follows: |
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(a) The secretary of state [Unless the registrar challenges
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the applicant, the registrar] shall approve the application if: |
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(1) the secretary of state [registrar] determines that |
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an application complies with Section 13.002 and indicates that the |
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applicant is eligible for registration; and |
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(2) for an applicant who has not included a statement |
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described by Section 13.002(c)(8)(C) or for an applicant who does |
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not register under Section 13.009, the [registrar verifies with
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the] secretary of state verifies: |
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(A) the applicant's Texas driver's license number |
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or number of a personal identification card issued by the |
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Department of Public Safety; or |
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(B) the last four digits of the applicant's |
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social security number. |
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(b) After approval of an application by an applicant who was |
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registered in another county at the time of application, the |
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secretary of state [registrar] shall update the statewide voter |
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registration list to reflect [deliver written notice of the
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applicant's change of residence to the other county's registrar and
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include in the notice] the applicant's change in county of [name,
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former] residence [address, and former registration number, if
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known]. |
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(c) If [Except as provided by Subsection (d), if] the |
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secretary of state [registrar] determines that an application does |
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not comply with Section 13.002 or does not indicate that the |
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applicant is eligible for registration, the secretary of state |
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[registrar] shall reject the application. |
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SECTION 1.11. Subchapter C, Chapter 13, Election Code, is |
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amended by adding Section 13.0725 to read as follows: |
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Sec. 13.0725. PROCESS FOR VERIFICATION OF APPLICANT'S TEXAS |
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DRIVER'S LICENSE NUMBER, DEPARTMENT OF PUBLIC SAFETY ISSUED |
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PERSONAL IDENTIFICATION NUMBER, OR SOCIAL SECURITY NUMBER. (a) The |
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secretary of state shall adopt rules establishing standards used |
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for the verification of information on a voter registration |
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application submitted under Section 13.072(a)(2)(A). The rules |
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shall provide a process by which the secretary of state verifies an |
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applicant's Texas driver's license number or Department of Public |
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Safety issued personal identification card number if, based on the |
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available information, a minor correction in the applicant's last |
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name or date of birth would lead a reasonable person to conclude |
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that the number submitted is the correct number for that applicant. |
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(b) If available, the secretary of state shall review the |
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name and date of birth maintained by the Department of Public Safety |
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or other agency used in the verification process for a submitted |
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application that corresponds to the Texas driver's license number, |
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Department of Public Safety issued personal identification card |
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number, or social security number submitted by the applicant if: |
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(1) the secretary of state cannot verify the accuracy |
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of an applicant's Texas driver's license number, Department of |
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Public Safety issued personal identification card number, or social |
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security number as submitted by the applicant; or |
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(2) the secretary of state verifies the accuracy of |
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the number provided, but it is not a perfect match with the personal |
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information provided by the applicant. |
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(c) If the application was not otherwise verified under this |
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section and the secretary of state determines that a governmental |
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clerical error was made in processing or submitting the |
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application, the secretary of state shall correct the registration |
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record and submit the corrected record for verification under |
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Section 13.072(a)(2). |
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SECTION 1.12. Section 13.073, Election Code, is amended to |
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read as follows: |
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Sec. 13.073. NOTICE OF REJECTION. (a) Except as provided by |
|
Subsection (b), the secretary of state [registrar] shall deliver |
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written notice of the reason for the rejection of an application to |
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the applicant not later than the second day after the date of |
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rejection. If an application is rejected because it was not |
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verified under Section 13.072, the notice shall indicate whether |
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the last name, date of birth, Texas driver's license number, |
|
Department of Public Safety issued personal identification card |
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number, or social security number was the reason for the failure to |
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verify, if that information is provided to the secretary of state |
|
under Section 13.0725. |
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(b) If the secretary of state [registrar] rejects an |
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application in the applicant's presence, at that time the secretary |
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of state [registrar] shall orally inform the applicant of the |
|
reason for the rejection. If the rejection is for incompleteness, |
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the secretary of state [registrar] shall return the application to |
|
the applicant for completion and resubmission. |
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(c) If the secretary of state [registrar] rejects an |
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application for incompleteness but receives a completed |
|
application not later than the 10th day after the date the notice is |
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delivered under Subsection (a) or the date the incomplete |
|
application is returned under Subsection (b), as applicable, the |
|
original date of submission of the incomplete application is |
|
considered to be the date of submission to the secretary of state |
|
[registrar] for the purpose of determining the effective date of |
|
registration. |
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SECTION 1.13. Sections 13.074(a) and (b), Election Code, |
|
are amended to read as follows: |
|
(a) If after the secretary of state determines |
|
[determining] that an application complies with Section 13.002 and |
|
indicates that the applicant is eligible for registration, the |
|
registrar has reason to believe the applicant is not eligible for |
|
registration or the application was submitted in an unauthorized |
|
manner, the registrar shall challenge the applicant. |
|
(b) The registrar shall indicate on the statewide |
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computerized voter registration list [application of a challenged
|
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applicant] that the applicant's eligibility or the manner of |
|
submission of the application has been challenged and the date of |
|
the challenge. |
|
SECTION 1.14. Section 13.080, Election Code, is amended to |
|
read as follows: |
|
Sec. 13.080. RECORDING REJECTION. On rejection of an |
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applicant's registration application by a registrar under Section |
|
13.079, the registrar shall inform the secretary of state and the |
|
secretary of state shall enter the date of and reason for the |
|
rejection on the application. |
|
SECTION 1.15. Sections 13.101(a) and (b), Election Code, |
|
are amended to read as follows: |
|
(a) The secretary of state [registrar] shall maintain a file |
|
containing the approved registration applications of the |
|
registered voters of the state [county]. |
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(b) The secretary of state [registrar] shall maintain the |
|
file in alphabetical order by voter name on a county by county |
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[countywide] basis. However, the secretary of state [registrar] |
|
may maintain the file in numerical order by registration number if |
|
the secretary of state [registrar] regularly maintains a list of |
|
registered voters in alphabetical order by voter name on a county by |
|
county [countywide] basis. |
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SECTION 1.16. Sections 13.102(a), (b), and (c), Election |
|
Code, are amended to read as follows: |
|
(a) The secretary of state [registrar] shall maintain a file |
|
containing the rejected applications of applicants for |
|
registration. |
|
(b) The secretary of state [registrar] shall maintain a |
|
file, separate from the file maintained under Subsection (a), |
|
containing the applications of the voters whose registrations have |
|
been canceled. |
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(c) The secretary of state [registrar] shall maintain each |
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file in alphabetical order by applicant or voter name on a county by |
|
county [countywide] basis. |
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SECTION 1.17. Section 13.103, Election Code, is amended to |
|
read as follows: |
|
Sec. 13.103. PLACE FOR KEEPING FILES; SECURITY. (a) The |
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registration application files maintained under this subchapter |
|
shall be kept in the secretary of state's [registrar's] office at |
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all times in a place and manner ensuring their security. |
|
(b) Applications may be removed from the secretary of |
|
state's [registrar's] office temporarily, in a manner ensuring |
|
their security, for use in preparing registration certificates, |
|
lists of registered voters, and other registration documents by |
|
electronic data-processing methods. |
|
SECTION 1.18. Section 13.104(a), Election Code, is amended |
|
to read as follows: |
|
(a) Instead of keeping the original registration |
|
applications and supporting documentation as required by this |
|
title, the secretary of state [registrar] may record the |
|
applications and documentation on an optical disk or other computer |
|
storage medium [approved by the secretary of state]. |
|
SECTION 1.19. Section 13.142(a), Election Code, is amended |
|
to read as follows: |
|
(a) The secretary of state shall notify the registrar of a |
|
voter's registration as soon as practicable. After notification of |
|
registration of a voter by the secretary of state under Section |
|
13.009, or approval of a registration application by the secretary |
|
of state, the registrar shall: |
|
(1) prepare a voter registration certificate in |
|
duplicate and issue the original certificate to the applicant; and |
|
(2) enter the applicant's county election precinct |
|
number and registration number on the applicant's registration |
|
application. |
|
SECTION 1.20. Sections 13.143(a), (d), (d-2), and (e), |
|
Election Code, are amended to read as follows: |
|
(a) Except as provided by 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 |
|
submitted to the secretary of state [registrar] or on the date the |
|
applicant becomes 18 years of age, whichever is later. |
|
(d) For purposes of determining the effective date of a |
|
registration, an application submitted by: |
|
(1) mail is considered to be submitted to the |
|
secretary of state [registrar] on the date it is placed with postage |
|
prepaid and properly addressed in the United States mail; or |
|
(2) telephonic facsimile machine is considered to be |
|
submitted to the secretary of state [registrar] on the date the |
|
transmission is received by the secretary of state [registrar], |
|
subject to Subsection (d-2). |
|
(d-2) For a registration application submitted by |
|
telephonic facsimile machine to be effective, a copy of the |
|
registration application must be submitted by mail and be received |
|
by the secretary of state [registrar] not later than the fourth |
|
business day after the transmission by telephonic facsimile machine |
|
is received. |
|
(e) If the 30th day before the date of an election is a |
|
Saturday, Sunday, or legal state or national holiday, an |
|
application is considered to be timely if it is submitted to the |
|
secretary of state [registrar] on or before the next regular |
|
business day. |
|
SECTION 1.21. Sections 13.144(a) and (b), Election Code, |
|
are amended to read as follows: |
|
(a) Not later than the 30th day after the date the registrar |
|
receives notice from the secretary of state that an individual has |
|
registered to vote [the application], the registrar shall deliver |
|
the original of an initial certificate: |
|
(1) in person to the applicant or the applicant's agent |
|
appointed under Section 13.003; or |
|
(2) by mail to the applicant. |
|
(b) If delivery is by mail, the registrar shall send the |
|
certificate to the mailing address provided for the individual in |
|
the statewide computerized voter [on the applicant's] registration |
|
list [application]. |
|
SECTION 1.22. Section 14.002(a), Election Code, is amended |
|
to read as follows: |
|
(a) Except as provided by Subsection (d), the registrar |
|
shall deliver a voter's renewal certificate by mail to the mailing |
|
address provided for the individual in the statewide computerized |
|
voter [on the voter's] registration list [application]. |
|
SECTION 1.23. Section 15.021(c), Election Code, is amended |
|
to read as follows: |
|
(c) The registrar shall retain the notice on file [with the
|
|
voter's registration application]. If the correction is a change |
|
of the voter's name, the registrar shall file the notice |
|
[application] under the new name. |
|
SECTION 1.24. Section 15.0215(b), Election Code, is amended |
|
to read as follows: |
|
(b) A federal judge, a state judge, or the spouse of a |
|
federal judge or state judge who is registered to vote may at any |
|
time submit to the secretary of state [registrar of the county in
|
|
which the judge resides] an affidavit stating that the voter is a |
|
federal judge or state judge or the spouse of a federal judge or |
|
state judge. |
|
SECTION 1.25. Section 15.053(c), Election Code, is amended |
|
to read as follows: |
|
(c) The registrar shall submit [act on] the response to the |
|
secretary of state for action in accordance with Section 13.072 and |
|
retain the response on file [with the voter's registration
|
|
application]. |
|
SECTION 1.26. Section 16.005, Election Code, is amended to |
|
read as follows: |
|
Sec. 16.005. PRESERVATION OF ABSTRACT. If an abstract |
|
received under this subchapter affects a registered voter of the |
|
county, the registrar shall retain a copy of the abstract on file |
|
[with the affected voter's registration application]. |
|
SECTION 1.27. Section 16.031(a), Election Code, is amended |
|
to read as follows: |
|
(a) The registrar shall cancel a voter's registration |
|
immediately on receipt of: |
|
(1) notice under Section [13.072(b) or] 15.021 or a |
|
response under Section 15.053 that the voter's residence is outside |
|
the county; |
|
(2) an abstract of the voter's death certificate under |
|
Section 16.001(a) or an abstract of an application indicating that |
|
the voter is deceased under Section 16.001(b); |
|
(3) an abstract of a final judgment of the voter's |
|
total mental incapacity, partial mental incapacity without the |
|
right to vote, conviction of a felony, or disqualification under |
|
Section 16.002, 16.003, or 16.004; |
|
(4) notice under Section 112.012 that the voter has |
|
applied for a limited ballot in another county; |
|
(5) notice from a voter registration official in |
|
another state that the voter has registered to vote outside this |
|
state; |
|
(6) notice from the early voting clerk under Section |
|
101.053 [101.0041] that a federal postcard application submitted by |
|
an applicant states a voting residence address located outside the |
|
registrar's county; or |
|
(7) notice from the secretary of state that the voter |
|
has registered to vote in another county, as determined by the |
|
voter's driver's license number or personal identification card |
|
number issued by the Department of Public Safety or social security |
|
number. |
|
SECTION 1.28. Section 16.033(f), Election Code, is amended |
|
to read as follows: |
|
(f) The registrar shall retain a copy of the notice mailed |
|
to a voter under this section on file [with the voter's registration
|
|
application]. If the voter's reply to the notice is in writing, the |
|
registrar shall also retain the reply on file [with the
|
|
application]. If the reply is oral, the registrar shall prepare a |
|
memorandum of the reply, indicating the substance and date of the |
|
reply, and shall retain the memorandum on file [with the
|
|
application]. |
|
SECTION 1.29. Section 16.0331(c), Election Code, is amended |
|
to read as follows: |
|
(c) The registrar shall retain the request on file [with the
|
|
voter's registration application]. |
|
SECTION 1.30. Section 16.034, Election Code, is amended to |
|
read as follows: |
|
Sec. 16.034. RECORDING CANCELLATION. On cancellation of a |
|
voter's registration, the registrar shall notify the secretary of |
|
state of [enter] the date of and reason for the cancellation and the |
|
secretary of state shall record the information on the voter's |
|
registration application and duplicate registration certificate |
|
and make any other appropriate corrections in the registration |
|
records. |
|
SECTION 1.31. Section 16.037(c), Election Code, is amended |
|
to read as follows: |
|
(c) On reinstatement of a registration, the registrar shall |
|
notify the secretary of state of [enter] the date of and reason for |
|
the reinstatement and the secretary of state shall record the |
|
information on the voter's registration application and duplicate |
|
registration certificate, make any appropriate corrections in the |
|
registration records, and take any other action necessary to give |
|
effect to the reinstatement. |
|
SECTION 1.32. Section 31.040(b), Election Code, is amended |
|
to read as follows: |
|
(b) The commissioners court or the administrator may |
|
require any or all of the administrator's deputies[, other than
|
|
unpaid volunteer deputy registrars,] to give a bond similar to that |
|
required of the administrator in an amount not exceeding the amount |
|
of the administrator's bond. |
|
SECTION 1.33. Section 31.161(b), Election Code, is amended |
|
to read as follows: |
|
(b) The joint elections commission or the joint elections |
|
administrator may require any or all of the administrator's |
|
deputies[, other than unpaid volunteer deputy registrars,] to give |
|
a bond similar to that required of the administrator in an amount |
|
not exceeding the amount of the administrator's bond. |
|
SECTION 1.34. Section 31.170(b), Election Code, is amended |
|
to read as follows: |
|
(b) After the effective date of an order abolishing the |
|
position of joint elections administrator, the county tax |
|
assessor-collector is the voter registrar of the county, and the |
|
duties and functions of the officer of a participating entity that |
|
were performed by the administrator revert to the officer, unless a |
|
transfer of duties and functions occurs under Section [12.031 or] |
|
31.071. |
|
ARTICLE 2. PROCEDURES FOR IDENTIFYING REGISTERED VOTERS |
|
SECTION 2.01. Section 18.005(c), Election Code, is amended |
|
to read as follows: |
|
(c) The original or supplemental list of registered voters |
|
may not contain the residence address of a voter who is a federal |
|
judge, a state judge, or the spouse of a federal judge or state |
|
judge, if the voter included an affidavit with the voter's |
|
registration application under Section 13.0021 or the secretary of |
|
state [registrar] received an affidavit submitted under Section |
|
15.0215 before the list was prepared. In this subsection, "federal |
|
judge" and "state judge" have the meanings assigned by Section |
|
13.0021. |
|
SECTION 2.02. Section 18.006, Election Code, is amended to |
|
read as follows: |
|
Sec. 18.006. DELIVERY OF LISTS TO ELECTION AUTHORITIES. |
|
The registrar shall deliver the lists furnished under this |
|
subchapter, including the lists furnished under Section 18.007, to |
|
the appropriate authority as soon as practicable after the request |
|
but in every case in time for receipt before the beginning of early |
|
voting by mail for the election in which the lists are to be used. |
|
If those lists do not contain the names of all voters who will be |
|
eligible to vote as of the beginning of early voting by personal |
|
appearance, another set of the appropriate lists shall be delivered |
|
before the beginning of early voting by personal appearance. If |
|
those lists do not contain the names of all voters whose |
|
registrations will be effective on election day, another set of the |
|
appropriate lists shall be delivered as soon as practicable after |
|
the secretary of state [registrar] has processed the remaining |
|
applications. |
|
SECTION 2.03. Sections 18.043(a) and (c), Election Code, |
|
are amended to read as follows: |
|
(a) The [At the times prescribed by the] secretary of |
|
state[, the registrar] shall produce [deliver to the secretary] a |
|
statement containing the voter registration information determined |
|
[by the secretary] to be necessary to comply with reporting |
|
requirements prescribed under federal law. |
|
(c) The secretary of state [registrar] shall maintain the |
|
information required for the statements in accordance with |
|
procedures prescribed by this section [the secretary of state]. |
|
SECTION 2.04. Section 18.061(c), Election Code, is amended |
|
to read as follows: |
|
(c) Under procedures prescribed by the secretary of state, |
|
the Department of Public Safety and each voter registrar shall |
|
provide to the secretary of state on an expedited basis the |
|
information necessary to maintain the registration list |
|
established under Subsection (a). The procedures shall provide for |
|
the electronic submission of the information. |
|
SECTION 2.05. Section 18.066(b), Election Code, is amended |
|
to read as follows: |
|
(b) Information furnished under this section may not |
|
include: |
|
(1) a voter's social security number; or |
|
(2) the residence address of a voter who is a federal |
|
judge or state judge, as defined by Section 13.0021, or the spouse |
|
of a federal judge or state judge, if the voter included an |
|
affidavit with the voter's registration application under Section |
|
13.0021 or the secretary of state [applicable registrar] has |
|
received an affidavit submitted under Section 15.0215. |
|
SECTION 2.06. Section 63.0011(e), Election Code, is amended |
|
to read as follows: |
|
(e) The voter registrar shall retain each statement of |
|
residence on file [with the voter's voter registration
|
|
application]. |
|
SECTION 2.07. Section 101.055(c), Election Code, is amended |
|
to read as follows: |
|
(c) Under procedures prescribed by the secretary of state, |
|
the secretary of state [The registrar] shall register the person at |
|
the address provided under Subsection (b) unless that address no |
|
longer is recognized as a residential address, in which event the |
|
secretary of state [registrar] shall assign the person to an |
|
address [under procedures prescribed by the secretary of state]. |
|
SECTION 2.08. Section 112.012, Election Code, is amended to |
|
read as follows: |
|
Sec. 112.012. NOTIFICATION TO SECRETARY OF STATE [VOTER
|
|
REGISTRAR]. Not later than the 30th day after receipt of an |
|
application for a limited ballot, the early voting clerk shall |
|
notify the secretary of state [voter registrar for the voter's
|
|
former county of residence] that the voter has applied for a limited |
|
ballot. |
|
ARTICLE 3. VOTER REGISTRATION AGENCIES |
|
SECTION 3.01. Section 20.008, Election Code, is amended to |
|
read as follows: |
|
Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE [OR
|
|
REGISTRAR]. If a question arises concerning voter registration |
|
that an agency employee cannot answer, the employee shall provide |
|
the person[:
|
|
[(1)] the toll-free telephone number of the Elections |
|
Division of the Office of the Secretary of State[; and
|
|
[(2)
the telephone number of the voter registrar to
|
|
whom registration applications are submitted]. |
|
SECTION 3.02. Sections 20.033, 20.034, and 20.035, Election |
|
Code, are amended to read as follows: |
|
Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO |
|
EMPLOYEE. The date of submission of a completed registration |
|
application to the agency employee is considered to be the date of |
|
submission to the secretary of state [voter registrar] for the |
|
purpose of determining the effective date of registration only. |
|
Sec. 20.034. SUBMISSION TO REGISTRAR BY APPLICANT. (a) The |
|
applicant may keep the registration application form or the |
|
completed application to submit the application personally to the |
|
secretary of state [voter registrar]. |
|
(b) The agency employee shall enter on the declination of |
|
registration form a notation that after being given the opportunity |
|
to register, the applicant kept the application or application form |
|
for personal submission of the application to the secretary of |
|
state [registrar]. |
|
Sec. 20.035. DELIVERY OF APPLICATIONS TO SECRETARY OF STATE |
|
[REGISTRAR]. (a) The agency shall deliver to the secretary of |
|
state [voter registrar of the county in which the agency office is
|
|
located] each completed registration application submitted to an |
|
agency employee. |
|
(b) An application shall be delivered to the secretary of |
|
state [registrar] not later than the fifth day after the date the |
|
application is submitted to the employee. |
|
SECTION 3.03. Section 20.037(c), Election Code, is amended |
|
to read as follows: |
|
(c) An application form delivered by mail must be |
|
accompanied by a notice informing the applicant that the |
|
application may be submitted in person or by mail to the secretary |
|
of state [voter registrar of the county in which the applicant
|
|
resides or in person to a volunteer deputy registrar for delivery to
|
|
the voter registrar of the county in which the applicant resides]. |
|
SECTION 3.04. Section 20.061, Election Code, is amended to |
|
read as follows: |
|
Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other |
|
provisions of this chapter apply to the Department of Public Safety |
|
except provisions that conflict with this subchapter or Section |
|
13.009. |
|
SECTION 3.05. Section 20.062(b), Election Code, is amended |
|
to read as follows: |
|
(b) The department shall prescribe and use a change of |
|
address form and procedure that combines department and voter |
|
registration functions. The form must allow a licensee or |
|
cardholder to indicate that [whether] the change of address is not |
|
[also to be used] for voter registration purposes. |
|
SECTION 3.06. Section 20.063, Election Code, is amended to |
|
read as follows: |
|
Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department |
|
of Public Safety shall consider an application made in person, by |
|
mail, or online at the department's Internet website [provide to
|
|
each person who applies in person at the department's offices] for |
|
an original or renewal of a driver's license, a personal |
|
identification card, or a duplicate or corrected license or card by |
|
a person who is eligible to vote as provided by Section 13.001 an |
|
application for [opportunity to complete a] voter registration. |
|
The date of application is considered to be the date of submission |
|
to the secretary of state for the purpose of determining the |
|
effective date of registration [application form]. |
|
(b) The Department of Public Safety shall consider a change |
|
of address that relates to [When the department processes] a |
|
license or card and that is submitted to [for renewal by mail,] the |
|
department [shall deliver to the applicant by mail a voter
|
|
registration application form.
|
|
[(c)
A change of address that relates to a license or card
|
|
and that is submitted to the department] in person, [or] by mail, or |
|
online at the department's Internet website [serves] as a change in |
|
[of address for] voter registration [unless the licensee or
|
|
cardholder indicates that the change is not for voter registration
|
|
purposes]. The date of submission of a change of address to a |
|
department employee is considered to be the date of submission to |
|
the secretary of state [voter registrar] for the purpose of |
|
determining the effective date of registration [only]. |
|
(c) The registration of an eligible [(d) If a completed] |
|
voter as required by Subsections (a) and (b) is automatic unless the |
|
person indicates that the transaction is not for voter |
|
registration purposes [application submitted to a department
|
|
employee does not include the applicant's correct driver's license
|
|
number or personal identification card number, a department
|
|
employee shall enter the appropriate information on the
|
|
application. If a completed application does not include the
|
|
applicant's correct residence address or mailing address, a
|
|
department employee shall obtain the appropriate information from
|
|
the applicant and enter the information on the application]. |
|
SECTION 3.07. Section 20.065(b), Election Code, is amended |
|
to read as follows: |
|
(b) Each weekday the department is regularly open for |
|
business, the department shall electronically transfer to the |
|
secretary of state the name and information designated by the |
|
secretary of state for [of each person who completes a] voter |
|
registration for each individual who is eligible to vote as |
|
provided by Section 13.001 and applies in person, by mail, or online |
|
at the department's Internet website for an original or renewal of a |
|
driver's license, a personal identification card, or a duplicate or |
|
corrected license or card [application submitted to the
|
|
department]. The secretary shall prescribe procedures necessary to |
|
implement this subsection. |
|
SECTION 3.08. Subchapter C, Chapter 20, Election Code, is |
|
amended by adding Section 20.067 to read as follows: |
|
Sec. 20.067. PUBLIC ANNOUNCEMENT. The Department of Public |
|
Safety and the secretary of state shall develop printed materials |
|
and a public service announcement to inform the public about |
|
automatic voter registration. |
|
SECTION 3.09. Section 20.122(c), Election Code, is amended |
|
to read as follows: |
|
(c) The application forms must be accompanied by a notice |
|
informing the licensees that the applications may be submitted in |
|
person or by mail to the secretary of state [voter registrar of the
|
|
county in which they reside or in person to a volunteer deputy
|
|
registrar for delivery to the voter registrar of the county in which
|
|
they reside]. |
|
ARTICLE 4. PERSONAL IDENTIFICATION CERTIFICATES |
|
SECTION 4.01. Section 521.101, Transportation Code, is |
|
amended by adding Subsection (m) to read as follows: |
|
(m) The department shall indicate "VOTER" on the face of a |
|
personal identification certificate issued to a person |
|
automatically registered to vote under Section 20.063, Election |
|
Code, and "NONVOTER" on a personal identification certificate |
|
issued to a person who declines to be registered to vote under |
|
Section 20.063, Election Code, or is ineligible for voter |
|
registration. |
|
SECTION 4.02. Subchapter F, Chapter 521, Transportation |
|
Code, is amended by adding Section 521.127 to read as follows: |
|
Sec. 521.127. VOTER REGISTRATION REQUIRED TO BE INDICATED |
|
ON LICENSE. The department shall indicate "VOTER" on the face of |
|
each driver's license issued to a person automatically registered |
|
to vote under Section 20.063, Election Code, and "NONVOTER" on each |
|
driver's license issued to a person who declines to be registered to |
|
vote under Section 20.063, Election Code, or is ineligible for |
|
voter registration. |
|
SECTION 4.03. Section 521.422(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The fee for a personal identification certificate is: |
|
(1) waived for an individual eligible to register to |
|
vote under Section 13.001, Election Code; |
|
(2) $15 for a person under 60 years of age; |
|
(3) [(2)] $5 for a person 60 years of age or older; and |
|
(4) [(3)] $20 for a person subject to the registration |
|
requirements under Chapter 62, Code of Criminal Procedure. |
|
ARTICLE 5. REPEALER; EFFECTIVE DATE |
|
SECTION 5.01. The following provisions of the Election Code |
|
are repealed: |
|
(1) Section 12.002; |
|
(2) Section 12.005; |
|
(3) Section 12.006; |
|
(4) Subchapter B, Chapter 12; |
|
(5) Subchapter B, Chapter 13; |
|
(6) Section 13.072(d); |
|
(7) Section 13.121(c); and |
|
(8) Sections 20.065(a) and (c). |
|
SECTION 5.02. This Act takes effect September 1, 2017. |