85R6869 JRJ-D
 
  By: Watson S.B. No. 643
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring a voter to present proof of identification.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.058(a), Election Code, is amended to
  read as follows:
         (a)  While on duty, a watcher may not:
               (1)  converse with an election officer regarding the
  election, except to call attention to an irregularity or violation
  of law;
               (2)  converse with a voter; or
               (3)  communicate in any manner with a voter regarding
  the election, or any related voting procedures.
         SECTION 2.  Section 63.001, Election Code, is amended by
  amending Subsections (b), (c), and (d) and adding Subsections (c-1)
  and (i) to read as follows:
         (b)  Except as provided by Subsection (h), on offering to
  vote, a voter must present to an election officer at the polling
  place:
               (1)  one form of photo identification listed in
  [described by] Section 63.0101(a); or
               (2)  one form of identification listed in Section
  63.0101(b) accompanied by the affidavit described by Subsection (i)
  [63.0101].
         (c)  On presentation of the documentation required under
  Subsection (b), an election officer shall determine whether the
  voter's name on the documentation is on the list of registered
  voters for the precinct.  If in making a determination under this
  subsection the election officer determines under standards adopted
  by the secretary of state that the voter's name on the documentation
  is substantially similar to but does not match exactly with the name
  on the list, the voter shall be accepted for voting under Subsection
  (d) if the voter submits an affidavit stating that the voter is the
  person on the list of registered voters. An election officer may
  not refuse to accept an affidavit presented under Subsection (b)(2)
  unless there is conclusive evidence that the voter executing the
  affidavit is not the person in whose name the ballot is cast.
         (c-1)  An election officer may not refuse to accept
  documentation presented to meet the requirements of Subsection (b)
  solely because the address on the documentation does not match the
  address on the list of registered voters.
         (d)  If, as determined under Subsection (c), the voter's name
  is on the precinct list of registered voters and the voter's
  identity can be verified from the documentation presented under
  Subsection (b), the voter shall be accepted for voting. An election
  officer may not question the reasonableness of an impediment sworn
  to by a voter in an affidavit described by Subsection (i).
         (i)  If the requirement for identification prescribed by
  Subsection (b)(1) is not met, an election officer shall notify the
  voter that the voter may be accepted for voting if the voter meets
  the requirement for identification prescribed by Subsection (b)(2)
  and executes an affidavit under penalty of perjury declaring the
  voter has a reasonable impediment to meeting the requirement for
  identification prescribed by Subsection (b)(1). The election
  officer may not question or challenge a voter concerning the
  voter's lack of identification under Subsection (b)(1) or the
  voter's reasonable impediment.  The secretary of state shall
  prescribe the following form of the affidavit:
  REASONABLE IMPEDIMENT DECLARATION
  TO BE COMPLETED BY VOTER
  Name: 
  VOTER'S DECLARATION OF REASONABLE IMPEDIMENT OR DIFFICULTY
  By signing this declaration, I swear or affirm under penalty of
  perjury that I am the same individual who personally appeared at the
  polling place, that I am casting a ballot while voting in person,
  and that I face a reasonable impediment or difficulty that prevents
  me from getting an acceptable form of photo identification.
  My reasonable impediment or difficulty is due to the following
  reason(s):
  (Check at least one box below)
 
 Lack of transportation □ Disability or illness
   Lack of birth certificate or other documents needed to obtain
    acceptable photo ID
 
 Work schedule □ Family responsibilities
 
 Lost or stolen photo ID □ Photo ID applied for but not
 
   received
   Other reasonable impediment or difficulty
  The reasonableness of your impediment or difficulty cannot be
  questioned.
  ______________________________________________________________
      Signature of VoterDate              
  Sworn to and subscribed before me this
  _____ day of __________, 20___
  Presiding Judge _______________
  TO BE COMPLETED BY ELECTION OFFICIAL
  The voter provided one of the following forms of identification or
  information:
   Valid voter registration certificate; or
   A copy or original of one of the following:
         ____ certified birth certificate (must be an original)
         ____ current utility bill
         ____ bank statement
         ____ government check
         ____ other government document that shows the voter's name
  and an address (with the exception of a government
  document containing a photograph, which must be an
  original)
         ____ paycheck
  Location: ____________________
  Date of Election: ____________________
         SECTION 3.  Section 63.0101, Election Code, is amended to
  read as follows:
         Sec. 63.0101.  DOCUMENTATION OF PROOF OF IDENTIFICATION.  
  (a)  The following documentation is an acceptable form of photo
  identification under this chapter:
               (1)  a driver's license, election identification
  certificate, or personal identification card issued to the person
  by the Department of Public Safety that has not expired or that
  expired no earlier than four years [60 days] before the date of
  presentation;
               (2)  a United States military identification card that
  contains the person's photograph that has not expired or that
  expired no earlier than four years [60 days] before the date of
  presentation;
               (3)  a United States citizenship certificate issued to
  the person that contains the person's photograph;
               (4)  a United States passport issued to the person that
  has not expired or that expired no earlier than four years [60 days]
  before the date of presentation; or
               (5)  a license to carry a handgun issued to the person
  by the Department of Public Safety that has not expired or that
  expired no earlier than four years [60 days] before the date of
  presentation.
         (b)  The following documentation is acceptable as proof of
  identification under this chapter:
               (1)  a government document that shows the name and
  address of the voter, including the voter's voter registration
  certificate;
               (2)  one of the following documents that shows the name
  and address of the voter:
                     (A)  a copy of a current utility bill;
                     (B)  a bank statement;
                     (C)  a government check; or
                     (D)  a paycheck; or
               (3)  a certified copy of a birth certificate or other
  document confirming birth that is admissible in a court of law and
  establishes the person's identity.
         SECTION 4.  Section 272.011(b), Election Code, is amended to
  read as follows:
         (b)  The secretary of state shall prepare the translation for
  election materials required to be provided in a language other than
  English or Spanish for the following state prescribed voter forms:
               (1)  voter registration application form required by
  Section 13.002;
               (2)  the confirmation form required by Section 15.051;
               (3)  the voting instruction poster required by Section
  62.011;
               (4)  the reasonable impediment affidavit required by
  Section 63.001(b);
               (5)  the statement of residence form required by
  Section 63.0011;
               (6) [(5)]  the provisional ballot affidavit required
  by Section 63.011;
               (7) [(6)]  the application for a ballot by mail
  required by Section 84.011;
               (8) [(7)]  the carrier envelope and voting
  instructions required by Section 86.013; and
               (9) [(8)]  any other voter forms that the secretary of
  state identifies as frequently used and for which state resources
  are otherwise available.
         SECTION 5.  Section 521A.001(a), Transportation Code, is
  amended to read as follows:
         (a)  The department shall issue an election identification
  certificate to a person who states that the person is obtaining the
  certificate for the purpose of satisfying Section 63.001(b),
  Election Code, and does not have another form of identification
  described by Section 63.0101(a) [63.0101], Election Code, and:
               (1)  who is a registered voter in this state and
  presents a valid voter registration certificate; or
               (2)  who is eligible for registration under Section
  13.001, Election Code, and submits a registration application to
  the department.
         SECTION 6.  This Act takes effect September 1, 2017.