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A BILL TO BE ENTITLED
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AN ACT
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relating to voter registration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 13.004(a), (c), and (d), Election Code, |
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are amended to read as follows: |
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(a) The registrar may not transcribe, copy, or otherwise |
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record a telephone number or e-mail address furnished on a |
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registration application. |
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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; |
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(5) a telephone number or e-mail address; |
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(6) 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; |
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(B) provided the registrar with an affidavit |
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describing the applicant's status under this subdivision, |
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including an affidavit under Section 15.0215 if the applicant is a |
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federal judge or state judge or the spouse of a federal judge or |
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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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(7) [(6)] the residence address of the applicant, if |
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the applicant, the applicant's child, or another person in the |
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applicant's household is a victim of family violence as defined by |
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Section 71.004, Family Code, who provided the registrar with: |
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(A) a copy of a protective order issued under |
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Chapter 85, Family Code, or a magistrate's order for emergency |
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protection issued under Article 17.292, Code of Criminal Procedure; |
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or |
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(B) other independent documentary evidence |
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necessary to show that the applicant, the applicant's child, or |
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another person in the applicant's household is a victim of family |
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violence; |
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(8) [(7)] the residence address of the applicant, if |
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the applicant, the applicant's child, or another person in the |
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applicant's household is a victim of sexual assault or abuse, |
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stalking, or trafficking of persons who provided the registrar |
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with: |
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(A) a copy of a protective order issued under |
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Chapter 7A or Article 6.09, Code of Criminal Procedure, or a |
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magistrate's order for emergency protection issued under Article |
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17.292, Code of Criminal Procedure; or |
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(B) other independent documentary evidence |
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necessary to show that the applicant, the applicant's child, or |
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another person in the applicant's household is a victim of sexual |
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assault or abuse, stalking, or trafficking of persons; or |
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(9) [(8)] the residence address of the applicant, if |
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the applicant: |
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(A) is a participant in the address |
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confidentiality program administered by the attorney general under |
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Subchapter C, Chapter 56, Code of Criminal Procedure; and |
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(B) provided the registrar with proof of |
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certification under Article 56.84, Code of Criminal Procedure. |
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(d) The voter registrar or other county official who has |
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access to the information furnished on a registration application |
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may not post the following information on a website: |
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(1) a telephone number or e-mail address; |
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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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registrar has received an affidavit submitted under Section |
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15.0215. |
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SECTION 2. Subchapter A, Chapter 84, Election Code, is |
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amended by adding Section 84.0022 to read as follows: |
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Sec. 84.0022. CONFIDENTIALITY AND USE OF CERTAIN |
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INFORMATION. Information included on an application for a ballot |
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to be voted by mail is subject to Section 13.004 in the same manner |
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as that section applies to an application to register to vote. |
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SECTION 3. Section 84.011(a), Election Code, is amended to |
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read as follows: |
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(a) The officially prescribed application form for an early |
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voting ballot must combine the contents required under Section |
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84.002 for an early voting ballot application with an officially |
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prescribed voter registration application form and include: |
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(1) immediately preceding the signature space the |
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statement: "I certify that the information given in this |
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application is true, and I understand that giving false information |
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in this application is a crime."; |
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(2) a statement informing the applicant of the |
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offenses prescribed by Sections 84.003 and 84.004; |
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(3) spaces for entering an applicant's information to |
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register to vote or voter registration number and county election |
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precinct of registration, as applicable, with a statement informing |
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the applicant that failure to furnish that information does not |
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invalidate the application; and |
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(4) on an application for a ballot to be voted by mail: |
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(A) a space for an applicant applying on the |
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ground of absence from the county of residence to indicate the date |
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on or after which the applicant can receive mail at the address |
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outside the county; |
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(B) a space for indicating the fact that an |
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applicant whose application is signed by a witness cannot make the |
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applicant's mark and a space for indicating the relationship or |
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lack of relationship of the witness to the applicant; |
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(C) a space for entering an applicant's telephone |
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number and e-mail address, with a statement informing the applicant |
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that failure to furnish that information does not invalidate the |
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application; |
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(D) a space or box for an applicant applying on |
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the ground of age or disability to indicate that the address to |
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which the ballot is to be mailed is the address of a facility or |
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relative described by Section 84.002(a)(3), if applicable; |
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(E) a space or box for an applicant applying on |
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the ground of confinement in jail to indicate that the address to |
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which the ballot is to be mailed is the address of a relative |
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described by Section 84.002(a)(4), if applicable; |
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(F) a space for an applicant applying on the |
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ground of age or disability to indicate if the application is an |
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application under Section 86.0015; |
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(G) spaces for entering the signature, printed |
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name, and residence address of any person assisting the applicant; |
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(H) a statement informing the applicant of the |
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condition prescribed by Section 81.005; and |
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(I) a statement informing the applicant of the |
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requirement prescribed by Section 86.003(c). |
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SECTION 4. Section 84.014, Election Code, is amended to |
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read as follows: |
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Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN |
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APPLICATIONS. (a) If an applicant provides a date of birth, |
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driver's license number, [or] social security number, or other |
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information required for registration under Title 2 on the |
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applicant's application for an early voting ballot to be voted by |
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mail that is different from or in addition to the information |
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maintained by the voter registrar in accordance with that title |
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[Title 2], the early voting clerk shall notify the voter |
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registrar. The voter registrar shall update the voter's record |
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with the information provided by the applicant. |
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(b) The submission of an application for an early voting |
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ballot to be voted by mail by an unregistered applicant that |
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complies with the applicable requirements and contains the |
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information required for registration under Title 2 constitutes |
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registration by the applicant. |
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SECTION 5. Section 86.001(e), Election Code, is amended to |
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read as follows: |
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(e) If the applicant does not have an effective voter |
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registration for the election, the clerk shall reject the |
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application unless: |
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(1) the clerk can determine from the voter registrar |
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that the applicant has submitted a voter registration application |
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and the registration will be effective on election day; or |
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(2) the application contains the information that is |
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required for registration under Title 2 and the registration will |
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be effective on election day. |
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SECTION 6. The changes in law made by this Act apply to an |
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application for a ballot to be voted by mail submitted for an |
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election ordered on or after the effective date of this Act. An |
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application for a ballot to be voted by mail submitted for an |
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election ordered before the effective date of this Act is governed |
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by the law in effect when the election was ordered, and the former |
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law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2019. |