89R5028 MPF-F

By: Tinderholt H.B. No. 3432

A BILL TO BE ENTITLED

AN ACT

relating to requiring a voter to be affiliated with a political party to vote in that party's primary election; 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;

(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; and

(11) the applicant's political party affiliation, if any.

SECTION 2. Section 13.122(a), Election Code, is amended to read as follows:

(a) In addition to the other statements and spaces for entering information that appear on an officially prescribed registration application form, each official form must include:

(1) the statement: "I understand that giving false information to procure a voter registration is perjury and a crime under state and federal law.";

(2) a space for the applicant's registration number;

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

(4) a space for the applicant's telephone number;

(5) a space for the applicant's social security number;

(6) a space for the applicant's sex;

(7) a statement indicating that the furnishing of the applicant's telephone number and sex is optional;

(8) a space or box for indicating whether the applicant or voter is submitting new registration information or a change in current registration information;

(9) a statement instructing a voter who is using the form to make a change in current registration information to enter the voter's name and the changed information in the appropriate spaces on the form;

(10) a statement that if the applicant declines to register to vote, that fact will remain confidential and will be used only for voter registration purposes;

(11) a statement that if the applicant does register to vote, information regarding the agency or office to which the application is submitted will remain confidential and will be used only for voter registration purposes;

(12) a space or box for indicating whether the applicant is interested in working as an election judge;

(13) a statement warning that a conviction for making a false statement may result in imprisonment for up to the maximum amount of time provided by law, a fine of up to the maximum amount provided by law, or both the imprisonment and the fine; [and]

(14) a space for the applicant's political party affiliation; and

(15) any other voter registration information required by federal law or considered appropriate and required by the secretary of state.

SECTION 3. Section 15.001(a), Election Code, is amended to read as follows:

(a) Each voter registration certificate issued must contain:

(1) the voter's name in the form indicated by the voter, subject to applicable requirements prescribed by Section 13.002 and by rule of the secretary of state;

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

(3) the year of the voter's birth;

(4) the number of the county election precinct in which the voter resides;

(5) the voter's effective date of registration if an initial certificate;

(6) the voter's registration number;

(7) an indication of the period for which the certificate is issued;

(8) a statement explaining the circumstances under which the voter will receive a new certificate;

(9) a space for indicating [stamping] the voter's political party affiliation;

(10) a statement that voting with the certificate by a person other than the person in whose name the certificate is issued is a felony;

(11) a space for the voter's signature;

(12) a statement that the voter must sign the certificate personally, if able to sign, immediately on receipt;

(13) a space for the voter to correct the information on the certificate followed by a signature line;

(14) the statement: "If any information on this certificate changes or is incorrect, correct the information in the space provided, sign below, and return this certificate to the voter registrar.";

(15) the registrar's mailing address and telephone number; and

(16) the jurisdictional or distinguishing number for the following territorial units in which the voter resides, as determined by the voter registrar:

(A) congressional district;

(B) state senatorial district;

(C) state representative district;

(D) commissioners precinct;

(E) justice precinct;

(F) city election precinct; and

(G) school district election precinct.

SECTION 4. Section 63.011(a), Election Code, is amended to read as follows:

(a) A person to whom Section 63.001(g), [or] 63.009, or 172.1115(c) applies may cast a provisional ballot if the person executes an affidavit stating that the person:

(1) is a registered voter in the precinct in which the person seeks to vote; and

(2) is eligible to vote in the election.

SECTION 5. Section 112.002, Election Code, is amended by adding Subsection (g) to read as follows:

(g) If the voter seeks a limited ballot for a party primary election, the voter must indicate the political party the voter was affiliated with at the address where the voter was previously registered on the statement executed under Subsection (c). If the early voting clerk can establish the voter's affiliation from the previous registration, the voter is entitled to vote a limited ballot in that party's primary.

SECTION 6. Section 162.001(a), Election Code, is amended to read as follows:

(a) A person must be affiliated with a political party to be eligible:

(1) to serve as a delegate to or otherwise participate in a convention held by the party under this code;

(2) to be elected as a member of or be appointed to fill a vacancy on a state executive committee;

(3) to be appointed to fill a vacancy on a county executive committee;

(4) to vote in the party's primary election; or

(5) [(4)] for any other purpose within the party as adopted by state party rules.

SECTION 7. Section 162.003, Election Code, is amended to read as follows:

Sec. 162.003. AFFILIATION PROCEDURE [BY VOTING IN PRIMARY]. (a) A person becomes affiliated with a political party by notifying the registrar of the person's affiliation [when the person:

[(1) is accepted to vote in the party's primary election; or

[(2) returns an early voting or limited primary ballot voted by mail].

(b) At the time a person registers to vote the person may:

(1) affiliate with a political party that holds a primary election or a political party that makes its nominations by convention regardless of whether the party has a state organization; or

(2) indicate no affiliation with any political party.

(c) A registered voter who does not indicate an affiliation with a political party of this state shall be listed as "independent" on the voter's registration certificate and on the list of registered voters.

(d) A registered voter may change the voter's affiliation status by notifying the registrar as provided by Section 15.021.

(e) A person may also indicate a party affiliation at the time the person submits a federal postcard application under Chapter 101.

(f) The secretary of state shall prescribe any additional procedures necessary to implement this section.

SECTION 8. Section 162.010(a), Election Code, is amended to read as follows:

(a) A [Except as provided by Subsection (b), a] party affiliation expires on cancellation of a voter's registration or at the time a change in affiliation takes effect under Section 15.025 [at the end of the voting year in which the person became affiliated].

SECTION 9. Section 162.013, Election Code, is amended to read as follows:

Sec. 162.013. VOID VOTE. A vote in a primary election is void if the voter is not affiliated with the political party holding the primary [previously voted in a primary election of another party or participated in a convention of another party during the same voting year].

SECTION 10. Sections 162.014(a), (c), and (d), Election Code, are amended to read as follows:

(a) A person commits an offense if the person knowingly votes or attempts to vote in a primary election or participates or attempts to participate in a convention of a party without being affiliated with that party [after having voted in a primary election or participated in a convention of another party during the same voting year].

(c) An offense under this section is a felony of the second degree if the conduct constituting an offense under Subsection (a) consists of knowingly voting in a primary election of a party without being affiliated with that party [after having voted in a primary election of another party during the same voting year].

(d) An offense under this section is a state jail felony if the conduct constituting an offense under Subsection (a) consists of knowingly attempting to vote in a primary election of a party without being affiliated with that party [after having voted in a primary election of another party during the same voting year].

SECTION 11. Section 162.017(e), Election Code, is amended to read as follows:

(e) The preregistration process must [include the statement described by Section 162.004(a) and] require a preregistering attendee who is not affiliated with the party to affiliate with the party in accordance with Section 162.003 [by taking the oath described in Section 162.007(b)].

SECTION 12. Section 171.0231(b), Election Code, is amended to read as follows:

(b) If the county executive committee authorizes write-in candidates:

(1) a write-in vote for the office of county chair or precinct chair may not be counted unless:

(A) the name written in appears on the list of write-in candidates; and

(B) the write-in candidate receiving the vote is affiliated with the political party holding the primary;

(2) to be entitled to a place on the list of write-in candidates, a candidate must make a declaration of write-in candidacy;

(3) a declaration of write-in candidacy must be filed with the authority with whom an application for a place on the ballot is required to be filed for the office;

(4) a declaration of write-in candidacy must be filed not later than 6 p.m. of the fifth day after the date of the filing deadline for the general primary election;

(5) with the appropriate modifications and to the extent practicable, Subchapter B, Chapter 146, applies to write-in voting for the office of county chair or precinct chair; and

(6) the secretary of state shall prescribe any procedures necessary to implement this subsection.

SECTION 13. Effective September 1, 2026, Subchapter E, Chapter 172, Election Code, is amended by adding Section 172.1115 to read as follows:

Sec. 172.1115. AFFILIATION WITH PARTY REQUIRED. (a) The signature roster for a primary election must state at the top of each page "A person commits a criminal offense if the person knowingly votes in a primary election or participates in a convention of a party without being affiliated with that party."

(b) Except as provided by Subsection (c), a person may not be accepted for voting in a primary election of a political party unless:

(1) the list of registered voters indicates that the person is affiliated with that political party; or

(2) the voter's registration certificate indicates that the voter is affiliated with that political party.

(c) A person who seeks to vote in a primary election but cannot establish the person's party affiliation under Subsection (b) may be accepted only for provisional voting under Section 63.011.

SECTION 14. Section 172.126(g), Election Code, is amended to read as follows:

(g) A separate set of ballot boxes or other suitable containers approved by the secretary of state shall be used for each party's primary, except that one set of ballot boxes or other containers may be used in a joint primary using an electronic voting system in which the ballots are deposited by the voters directly into a unit of automatic tabulating equipment. [The lists of registered voters and the voters' registration certificates shall be marked and stamped to show the appropriate party affiliation for each voter.] A separate list of registered voters shall be used for each party's primary. The secretary of state by rule shall prescribe requirements to ensure that one party's ballot is readily distinguished from another's, which may include the use of different colors of ink.

SECTION 15. The following provisions of the Election Code are repealed:

(1) Sections 162.004, 162.005, 162.006, 162.007, 162.008, and 162.009;

(2) Section 162.010(b);

(3) Section 172.1141; and

(4) Section 172.115(c).

SECTION 16. (a) Not later than October 1, 2025, the voter registrar of each county shall mail to each registered voter in the county notice of the affiliation requirement necessary to vote in a party primary election. The notice must:

(1) inform the voter that to vote in a party primary election the voter must be affiliated with that party;

(2) inform the voter of the process of affiliation with the voter registrar and state that if a voter does not provide an affiliation, the voter's next registration certificate will indicate that the voter is "independent" and unable to vote in a party's primary;

(3) include a postage paid postcard that may be returned to the voter registrar to indicate the voter's affiliation; and

(4) be in the form prescribed by the secretary of state.

(b) If a registered voter does not indicate a party affiliation before December 31, 2025, the voter registrar shall list the voter's initial affiliation status as "independent."

(c) The change in law made by Section 15.001(a), Election Code, as amended by this Act, requiring that each voter registration certificate must indicate the political affiliation of the voter applies only to a certificate effective for voting on or after January 1, 2026.

SECTION 17. Except as otherwise provided by this Act, this Act takes effect September 1, 2025.