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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for voting after changing residence to |
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another county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 12, Election Code, is |
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amended by adding Section 12.007 to read as follows: |
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Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER |
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REGISTRARS. An election officer serving a polling place is a deputy |
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voter registrar and has the same authority as a regular deputy |
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registrar. |
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SECTION 2. Section 15.002(a), Election Code, is amended to |
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read as follows: |
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(a) A voter registration certificate may contain an |
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explanation of the voter's rights or duties under this code, |
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including: |
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(1) the procedure by which the voter will receive a |
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renewal certificate; |
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(2) the necessity of notifying the registrar if the |
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voter changes residence; |
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(3) the necessity of applying for a new registration |
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if the voter changes residence to another county; |
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(4) the procedure for voting [period during which the |
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voter may vote a limited ballot] after changing residence to |
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another county; |
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(5) the procedure for voting without a certificate; |
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and |
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(6) the procedure for obtaining a replacement for a |
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lost or destroyed certificate. |
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SECTION 3. 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), 15.021, or |
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18.0681(d) or a response under Section 15.053 that the voter's |
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residence is outside 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 63.007 [112.012] that the |
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voter has voted [applied for] a provisional [limited] ballot in |
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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. |
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SECTION 4. Chapter 63, Election Code, is amended by adding |
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Section 63.007 to read as follows: |
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Sec. 63.007. PROVISIONAL VOTING FOR VOTER WHO CHANGED |
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COUNTY OF RESIDENCE. (a) After changing residence to another |
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county, a person shall be accepted for provisional voting under |
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this section if: |
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(1) the person would have been eligible to vote in the |
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county of former residence on election day if still residing in that |
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county; |
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(2) the person is registered to vote in the county of |
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former residence at the time the person: |
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(A) offers to vote in the county of new |
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residence; or |
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(B) submitted a voter registration application |
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in the county of new residence; |
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(3) a voter registration for the person in the county |
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of new residence is not effective on or before election day; and |
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(4) the person offers to vote in the person's new |
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county of residence: |
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(A) at any polling place during the early voting |
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period; |
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(B) at any polling place on election day if the |
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county participates in the program under Section 43.007; or |
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(C) at the polling place of the precinct in which |
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the person resides on election day if the county does not |
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participate in the program under Section 43.007. |
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(b) Not later than the 30th day after the election, the |
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voter registrar shall notify the voter registrar for the voter's |
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former county of residence that the voter was accepted for voting |
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under this section. |
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SECTION 5. Section 63.011, Election Code, is amended by |
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adding Subsection (a-2) and amending Subsections (b), (b-1), and |
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(c) to read as follows: |
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(a-2) A person to whom Section 63.007 applies may cast a |
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provisional ballot if the person would be eligible to vote in the |
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election, but for the requirement to be a registered voter, and |
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executes an affidavit stating: |
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"I am currently registered to vote in _________ (insert name |
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of county) County and have not cast a ballot in that county in this |
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election. I understand that doing so is a felony of the second |
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degree under Section 64.012, Election Code." |
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(b) A form for an affidavit required by this section must be |
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printed on an envelope in which the provisional ballot voted by the |
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person may be placed and must include: |
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(1) a space for entering the identification number of |
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the provisional ballot voted by the person; [and] |
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(2) a space for an election officer to indicate |
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whether the person presented a form of identification described by |
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Section 63.0101; and |
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(3) for a provisional ballot voted by the person under |
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Section 63.007, a space for entering: |
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(A) the precinct number of the precinct in which |
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the voter voted; and |
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(B) the name of the county in which the voter is |
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registered to vote. |
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(b-1) The affidavit form shall [may] include space for |
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disclosure of any necessary information to enable the person to |
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register to vote under Chapter 13. The secretary of state shall |
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prescribe the form of the affidavit under this section. |
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(c) After executing the affidavit, the person shall be given |
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a provisional ballot for the election. An election officer shall |
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record the number of the ballot and, if applicable, the precinct |
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number on the space provided on the affidavit. |
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SECTION 6. Section 65.054, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Except as provided by Subsection (b-1), a [A] |
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provisional ballot shall be accepted if the board determines that: |
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(1) from the information in the affidavit or contained |
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in public records, the person is eligible to vote in the election |
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and has not previously voted in that election; |
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(2) the person: |
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(A) meets the identification requirements of |
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Section 63.001(b) at the time the ballot was cast or in the period |
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prescribed under Section 65.0541; |
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(B) notwithstanding Chapter 110, Civil Practice |
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and Remedies Code, executes an affidavit under penalty of perjury |
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that states the voter has a religious objection to being |
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photographed and the voter has consistently refused to be |
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photographed for any governmental purpose from the time the voter |
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has held this belief; or |
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(C) executes an affidavit under penalty of |
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perjury that states the voter does not have any identification |
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meeting the requirements of Section 63.001(b) as a result of a |
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natural disaster that was declared by the president of the United |
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States or the governor, occurred not earlier than 45 days before the |
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date the ballot was cast, and caused the destruction of or inability |
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to access the voter's identification; and |
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(3) the voter has not been challenged and voted a |
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provisional ballot solely because the voter did not meet the |
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requirements for identification prescribed by Section 63.001(b). |
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(b-1) A provisional ballot cast under Section 63.007 shall |
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be accepted if the board determines from the information in the |
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affidavit or contained in public records that the person: |
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(1) is registered to vote in the county of the person's |
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former residence; |
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(2) has not previously voted in the election; and |
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(3) is eligible to vote in the election, but for the |
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requirement to be a registered voter. |
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SECTION 7. Section 65.055, Election Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) If the affidavit on the envelope of a provisional |
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ballot accepted under Section 65.054(b-1) contains the information |
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necessary to enable the person to register to vote under Chapter 13, |
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the voter registrar shall make a copy of the affidavit under |
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procedures prescribed by the secretary of state. The voter |
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registrar shall treat the copy as an application for registration |
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under Chapter 13. |
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SECTION 8. Section 111.001, Election Code, is amended to |
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read as follows: |
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Sec. 111.001. RESTRICTED BALLOT. In this subtitle, |
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"restricted ballot" means a ballot that is restricted to the |
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offices and propositions stating measures on which a person is |
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entitled to vote under Chapter [112,] 113[,] or 114. |
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SECTION 9. Section 111.009, Election Code, is amended to |
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read as follows: |
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Sec. 111.009. EXCLUDING VOTER FROM PRECINCT EARLY VOTING |
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LIST. The name of a person [voting a limited ballot by personal |
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appearance under Chapter 112 or] to whom a [limited or] federal |
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ballot to be voted by mail is provided under Chapter [112 or] 114 is |
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not required to be included on the precinct early voting list. |
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SECTION 10. Section 141.063(e), Election Code, is amended |
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to read as follows: |
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(e) The signer's residence address and registration address |
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are not required to be the same if the signer would otherwise be |
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able to vote for that office under Section 11.004 or 63.007 |
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[112.002]. |
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SECTION 11. Section 162.002, Election Code, is amended to |
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read as follows: |
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Sec. 162.002. ELIGIBILITY TO AFFILIATE. To be eligible to |
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affiliate with a political party, a person must be: |
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(1) a registered voter; or |
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(2) eligible to vote a provisional [limited] ballot |
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under Section 63.007 at the time of affiliating. |
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SECTION 12. Section 162.005, Election Code, is amended to |
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read as follows: |
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Sec. 162.005. AFFILIATION PROCEDURE: EARLY VOTING BY MAIL. |
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Subject to Section 162.004(a-1), the early voting clerk in a |
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general primary election shall provide an affiliation certificate |
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with each early voting [or limited] ballot to be voted by mail. The |
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certificate is not required to be provided to an applicant for a |
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runoff primary ballot unless the applicant requests it. |
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SECTION 13. Section 174.003, Election Code, is amended to |
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read as follows: |
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Sec. 174.003. DELEGATE TO BE QUALIFIED VOTER. In addition |
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to the requirement of party affiliation, to be eligible to serve as |
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a delegate to a county, senatorial district, or state convention |
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held under this chapter, a person must be a qualified voter of the |
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territory that the person is selected to represent or a resident of |
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that territory who is eligible to vote a provisional [limited] |
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ballot under Section 63.007. |
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SECTION 14. Section 174.024, Election Code, is amended to |
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read as follows: |
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Sec. 174.024. PARTICIPANT TO BE REGISTERED VOTER. In |
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addition to the requirement of party affiliation, to be eligible to |
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participate in a precinct convention held under this subchapter, a |
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person must be a registered voter of the precinct or a precinct |
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resident who is eligible to vote a provisional [limited] ballot |
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under Section 63.007. |
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SECTION 15. Section 181.065, Election Code, is amended to |
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read as follows: |
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Sec. 181.065. PARTICIPANT TO BE REGISTERED VOTER. To be |
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eligible to participate in a precinct convention held under this |
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chapter, a person must be a registered voter of the precinct or a |
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precinct resident who is eligible to vote a provisional [limited] |
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ballot under Section 63.007. |
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SECTION 16. Section 277.002(f), Election Code, is amended |
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to read as follows: |
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(f) The signer's residence address and the address listed on |
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the signer's registration are not required to be the same if the |
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signer is eligible to vote under Section 11.004 or 63.007 |
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[112.002]. |
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SECTION 17. Chapter 112, Election Code, is repealed. |
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SECTION 18. Not later than December 1, 2023, the secretary |
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of state shall adopt all necessary rules to implement this Act. |
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SECTION 19. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect January 1, 2024. |
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(b) Section 18 of this Act takes effect September 1, 2023. |