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A BILL TO BE ENTITLED
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AN ACT
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relating to the cancellation of a person's voter registration on |
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notice that the person has acknowledged that the person is not a |
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citizen; providing a civil penalty; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.031(a), Election Code, is amended to |
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read as follows: |
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(a) The registrar shall cancel a voter's registration |
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immediately on receipt of: |
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(1) notice under Section 13.072(b) or 15.021 or a |
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response under Section 15.053 that the voter's residence is outside |
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the county; |
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(2) an abstract of the voter's death certificate under |
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Section 16.001(a) or an abstract of an application indicating that |
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the voter is deceased under Section 16.001(b); |
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(3) an abstract of a final judgment of the voter's |
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total mental incapacity, partial mental incapacity without the |
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right to vote, conviction of a felony, or disqualification under |
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Section 16.002, 16.003, or 16.004; |
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(4) notice under Section 112.012 that the voter has |
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applied for a limited ballot in another county; |
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(5) notice from a voter registration official in |
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another state that the voter has registered to vote outside this |
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state; |
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(6) notice from the early voting clerk under Section |
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101.053 that a federal postcard application submitted by an |
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applicant states a voting residence address located outside the |
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registrar's county; [or] |
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(7) notice from the secretary of state that the voter |
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has registered to vote in another county, as determined by the |
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voter's driver's license number or personal identification card |
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number issued by the Department of Public Safety or social security |
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number; or |
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(8) a list under Section 18.068 of this code or Section |
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62.113, Government Code, of persons excused or disqualified from |
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jury service because of citizenship status that includes the voter, |
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or other notice from any governmental agency that the voter has |
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acknowledged that the voter is not a citizen of the United States. |
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SECTION 2. Section 16.036(a), Election Code, is amended to |
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read as follows: |
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(a) Immediately after, but not later than the 30th day after |
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the date a voter's registration is canceled under Section |
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16.031(a)(3) or (8), 16.033, or 16.0331, [or 16.0332,] the |
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registrar shall deliver written notice of the cancellation to the |
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voter. |
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SECTION 3. Chapter 16, Election Code, is amended by adding |
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Subchapter B-1 to read as follows: |
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SUBCHAPTER B-1. VOTER REGISTRAR WHO FAILS TO CANCEL REGISTRATION |
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OF NONCITIZEN |
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Sec. 16.051. CIVIL PENALTY. (a) A voter registrar who |
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intentionally violates Section 16.031(a)(8) is subject to a civil |
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penalty in an amount: |
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(1) not less than $1,000 and not more than $1,500 for |
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the first violation; and |
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(2) not less than $25,000 and not more than $25,500 for |
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each subsequent violation. |
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(b) Sovereign immunity of this state and governmental |
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immunity of a county and municipality to suit is waived and |
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abolished to the extent of liability created by this section. |
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Sec. 16.052. REMOVAL OF REGISTRAR. (a) For purposes of |
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Section 66.001, Civil Practice and Remedies Code, a voter registrar |
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holding a public office does an act that causes the forfeiture of |
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the person's office if the person violates Section 16.031(a)(8). |
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The attorney general shall file a petition under Section 66.002, |
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Civil Practice and Remedies Code, against the registrar if |
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presented with evidence, including evidence of a statement by the |
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registrar, establishing probable grounds that the registrar |
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engaged in conduct described by this subsection. The court in which |
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the petition is filed shall give precedence to proceedings relating |
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to the petition in the same manner as provided for the priority of |
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an election contest under Section 23.101, Government Code. If the |
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registrar is found guilty as charged, the court shall enter |
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judgment removing the registrar from office. |
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(b) The employment of a county elections administrator who |
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violates Section 16.031(a)(8) shall be terminated. |
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Sec. 16.053. CRIMINAL PENALTY. (a) A voter registrar |
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commits an offense if the registrar knowingly fails to comply with |
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Section 16.031(a)(8). |
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(b) An offense under this section is a Class A misdemeanor. |
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(c) It is an exception to the application of this section |
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that the person whose voter registration was required to be |
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canceled under Section 16.031(a)(8) had provided proof to the voter |
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registrar that the person is a citizen of the United States. |
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SECTION 4. Section 18.068(a), Election Code, is amended to |
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read as follows: |
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(a) The secretary of state shall quarterly compare the |
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information received under Section 16.001 of this code and Section |
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62.113, Government Code, to the statewide computerized voter |
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registration list. If the secretary determines that a voter on the |
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registration list is deceased or has been excused or disqualified |
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from jury service because the voter is not a citizen, the secretary |
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shall send notice of the determination to: |
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(1) the voter registrar of the counties considered |
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appropriate by the secretary; and |
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(2) the attorney general, who shall quarterly review |
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the information to investigate whether a person has committed an |
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offense under Section 13.007 or other law. |
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SECTION 5. Section 19.001(a), Election Code, is amended to |
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read as follows: |
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(a) Before May 15 of each year, the registrar shall prepare |
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and submit to the secretary of state a statement containing: |
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(1) the total number of initial registrations for the |
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previous voting year; |
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(2) the total number of registrations canceled under |
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Sections 16.031(a)(1) and (8) and Section[,] 16.033[, and 16.0332] |
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for the previous voting year; and |
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(3) the total number of registrations for which |
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information was updated for the previous voting year. |
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SECTION 6. Sections 62.113(b) and (c), Government Code, are |
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amended to read as follows: |
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(b) On the third business day of each month, the clerk shall |
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send a copy of the list of persons excused or disqualified because |
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of citizenship in the previous month to: |
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(1) the voter registrar of the county; |
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(2) the county official responsible for administering |
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elections; |
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(3) the secretary of state; and |
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(4) [(3)] the county or district attorney, as |
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applicable, or attorney general for an investigation of whether the |
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person committed an offense under Section 13.007 or 64.012, |
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Election Code, or other law. |
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(c) A list compiled under this section may not be used for a |
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purpose other than a purpose described by Subsection (b) or Section |
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16.031(a)(8) [16.0332] or 18.068, Election Code. |
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SECTION 7. Section 16.0332, Election Code, is repealed. |
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SECTION 8. This Act takes effect September 1, 2021. |