88R7353 LRM-F

By: Leo-Wilson H.B. No. 2123

A BILL TO BE ENTITLED

AN ACT

relating to verifying the citizenship of an applicant for voter registration; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 13.002(c), Election Code, is amended to read as follows:

(c) A registration application must include:

(1) the applicant's first name, middle name, if any, last name, and former name, if any;

(2) the month, day, and year of the applicant's birth;

(3) a statement that the applicant is a United States citizen and, if the applicant is not registering under Subchapter C, Chapter 20, a copy of one of the following documents or an initialed acknowledgment by a volunteer deputy registrar that one of the following documents has been presented:

(A) a United States passport or passport card issued to the person;

(B) a certified copy of a birth certificate issued by a United States state or territory, or the District of Columbia;

(C) United States citizenship papers issued to the person;

(D) identification issued by the agency of the United States responsible for citizenship and immigration; or

(E) for citizens born abroad, a certificate of report of birth or consular report of birth abroad issued by the United States Department of State;

(4) a statement that the applicant is a resident of the county;

(5) a statement that the applicant has not been determined by a final judgment of a court exercising probate jurisdiction to be:

(A) totally mentally incapacitated; or

(B) partially mentally incapacitated without the right to vote;

(6) a statement that the applicant has not been finally convicted of a felony or that the applicant is a felon eligible for registration under Section 13.001;

(7) the applicant's residence address or, if the residence has no address, the address at which the applicant receives mail and a concise description of the location of the applicant's residence;

(8) the following information:

(A) the applicant's Texas driver's license number or the number of a personal identification card issued by the Department of Public Safety;

(B) if the applicant has not been issued a number described by Paragraph (A), the last four digits of the applicant's social security number; or

(C) a statement by the applicant that the applicant has not been issued a number described by Paragraph (A) or (B);

(9) if the application is made by an agent, a statement of the agent's relationship to the applicant; and

(10) the city and county in which the applicant formerly resided.

SECTION 2. Section 13.039, Election Code, is amended to read as follows:

Sec. 13.039. REVIEW OF APPLICATION. (a) On receipt of a registration application, a volunteer deputy registrar shall review it for completeness in the applicant's presence and verify the applicant's citizenship using the citizenship document required by Section 13.002(c)(3) by marking the application with an initial.

(b) If the application does not contain all the required information, such as [and] the required signature and proof of citizenship, the volunteer deputy shall return the application to the applicant for completion and resubmission.

(c) A volunteer deputy registrar commits an offense if the volunteer deputy registrar fails to verify the citizenship of an applicant under Subsection (a) or submits an application for voter registration for an applicant who is not a citizen.

(d) If a voter registrar receives proof a volunteer deputy registrar has committed an offense under this section, the voter registrar shall:

(1) revoke the volunteer deputy's certification and appointment;

(2) prohibit the volunteer deputy from reappointment for at least five years; and

(3) report the incident to the county or district attorney.

(e) An offense under this section is a state jail felony.

SECTION 3. This Act takes effect September 1, 2023.