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A BILL TO BE ENTITLED
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AN ACT
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relating to the verification of citizenship of an applicant for |
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voter registration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.002(a), Election Code, is amended to |
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read as follows: |
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(a) A person desiring to register to vote must submit an |
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application to the registrar of the county in which the person |
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resides. Except as provided by Subsection (e), an application must |
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be submitted by personal delivery, by mail, or by telephonic |
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facsimile machine in accordance with Section 13.143(d-2) [Sections
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13.143(d) and (d-2)]. |
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SECTION 2. Section 13.046(f), Election Code, is amended to |
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read as follows: |
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(f) Except as provided by this subsection, Sections |
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13.039[, 13.041,] and 13.042 apply to the submission and delivery |
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of registration applications under this section, and for that |
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purpose, "volunteer deputy registrar" in those sections includes a |
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high school deputy registrar. A high school deputy registrar may |
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review an application for completeness out of the applicant's |
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presence. A deputy may deliver a group of applications to the |
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registrar by mail in an envelope or package, and, for the purpose of |
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determining compliance with the delivery deadline, an application |
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delivered by mail is considered to be delivered at the time of its |
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receipt by the registrar. |
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SECTION 3. Section 13.071, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) The registrar shall review each submitted application |
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for registration to determine whether it complies with Section |
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13.002 and indicates that the applicant is a United States citizen |
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eligible for registration. |
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(c) In making a determination under this section, the |
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registrar must compare the information on the application for |
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registration with information submitted to the secretary of state |
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by the Department of Public Safety under Section 18.068(a-1). If |
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information combinations identified as common to an applicant and |
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to an individual who may not be a citizen constitute a match, the |
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registrar shall verify the applicant's citizenship in the same |
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manner the registrar verifies a registered voter's citizenship |
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under Section 16.0332. The secretary of state shall adopt rules and |
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prescribe procedures to implement this subsection. |
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SECTION 4. Section 13.143(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection [Subsections] (b) [and
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(e)], if an applicant's registration application is approved, the |
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registration becomes effective on the 30th day after the date the |
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application is approved [submitted to the registrar] or on the date |
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the applicant becomes 18 years of age, whichever is later. |
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SECTION 5. Section 16.0332, Election Code, is amended to |
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read as follows: |
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Sec. 16.0332. CANCELLATION BECAUSE OF CITIZENSHIP STATUS. |
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(a) After the registrar receives notification [a list] under |
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Section 18.068 of this code or Section 62.113, Government Code, of |
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persons excused or disqualified from jury service because of |
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citizenship status or notification under Section 18.068 that a |
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person registered to vote in the county may not be a citizen, the |
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registrar shall deliver to each registered voter whose name appears |
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in the notification [on the list] a written notice requiring the |
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voter to submit to the registrar proof of United States citizenship |
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in the form of a certified copy of the voter's birth certificate, |
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United States passport, or certificate of naturalization or any |
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other form prescribed by the secretary of state. |
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(a-1) The notice shall be delivered by forwardable mail to |
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the mailing address on the voter's registration application and to |
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any new address of the voter known to the registrar. |
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(b) If a voter fails to submit to the registrar proof of |
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citizenship on or before the 30th day after the date the notice is |
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mailed, the registrar shall cancel the voter's registration. |
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(c) The registrar shall retain a copy of the notice mailed |
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to a voter under this section on file with the voter's registration |
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application. The registrar shall also retain any proof of |
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citizenship received under this section on file with the |
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application and send an electronic copy of the proof to the |
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secretary of state. |
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(d) The secretary of state shall adopt rules and prescribe |
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procedures to implement this section. |
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SECTION 6. Section 18.068, Election Code, is amended by |
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amending Subsections (b) and (d) and adding Subsection (a-1) to |
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read as follows: |
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(a-1) Once a month on a date specified by the secretary of |
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state, the Department of Public Safety shall in accordance with |
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Section 730.005(9), Transportation Code, provide to the secretary |
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of state available information as determined by the secretary of |
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state related to the citizenship of the applicant submitted on an |
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application for a driver's license or personal identification card |
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issued by the department. Periodically, the secretary of state |
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shall compare the information received to the statewide |
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computerized voter registration list. If the secretary determines |
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that a voter on the registration list may not be a citizen, the |
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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 secretary of state shall by rule determine what |
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information combinations identified as common to a voter and to an |
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individual for whom the secretary of state has received information |
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under this section [who is deceased] constitute a weak match or a |
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strong match in order to: |
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(1) produce the least possible impact on Texas voters; |
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and |
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(2) fulfill its responsibility to manage the voter |
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rolls. |
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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 |
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notification under Subsection (a-1) that a match exists for a |
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county voter and an individual who may not be a citizen, the county |
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shall investigate whether the voter is the individual who is |
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deceased or whether the voter is a citizen, as applicable. |
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SECTION 7. Sections 13.041 and 13.143(d) and (e), Election |
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Code, are repealed. |
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SECTION 8. The changes in law made by this Act apply only to |
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an application to register to vote submitted on or after the |
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effective date of this Act. |
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SECTION 9. This Act takes effect September 1, 2019. |