89R9428 JDK-D

By: Isaac H.B. No. 4475

A BILL TO BE ENTITLED

AN ACT

relating to the acceptance of a voter executing a declaration of reasonable impediment; providing a limitation.

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

SECTION 1. Subchapter B, Chapter 15, Election Code, is amended by adding Section 15.029 to read as follows:

Sec. 15.029. NOTATION ON LIST OF REGISTERED VOTERS. (a) The registrar shall enter a notation on the list of registered voters beside each voter's name to record when a voter has executed a declaration described by Section 63.001(i).

(b) The registrar shall replace a notation described by Subsection (a) with a notation to record when a voter has executed a second declaration described by Section 63.001(i).

(c) The notations described by this section must be approved by the secretary of state.

SECTION 2. Section 63.001, Election Code, is amended by amending Subsections (b), (g), and (i) and adding Subsections (j), (k), and (l) to read as follows:

(b) Except as provided by Subsection (h), on offering to vote, a voter must present to an election officer at the polling place:

(1) one form of photo identification listed in Section 63.0101(a); or

(2) if the voter has executed a declaration described by Subsection (i) less than twice, one form of identification listed in Section 63.0101(b) accompanied by the declaration described by Subsection (i).

(g) If the requirements for identification prescribed by Subsection (b) are not met, the voter may be accepted for provisional voting only under Section 63.011. For a voter who is not accepted for voting under this section, an election officer shall:

(1) inform the voter of the voter's right to cast a provisional ballot under Section 63.011; [and]

(2) provide the voter with written information, in a form prescribed by the secretary of state, that:

(A) lists the requirements for identification;

(B) states the procedure for presenting identification under Section 65.0541;

(C) includes a map showing the location where identification must be presented; and

(D) includes notice that if all procedures are followed and the voter is found to be eligible to vote and is voting in the correct precinct, the voter's provisional ballot will be accepted; and

(3) offer the voter an opportunity to provide an address for the purposes of Subsection (l).

(i) If the requirement for identification prescribed by Subsection (b)(1) is not met, an election officer shall notify the voter that the voter may be accepted for voting if the voter meets the requirement for identification prescribed by Subsection (b)(2) and executes a declaration declaring the voter has a reasonable impediment to meeting the requirement for identification prescribed by Subsection (b)(1). A person is subject to prosecution for perjury under Chapter 37, Penal Code, or Section 63.0013 for a false statement or false information on the declaration. The secretary of state shall prescribe the form of the declaration. The form shall include:

(1) a notice that a person is subject to prosecution for perjury under Chapter 37, Penal Code, or Section 63.0013 for a false statement or false information on the declaration;

(2) a statement that the voter swears or affirms that the information contained in the declaration is true, that the person described in the declaration is the same person appearing at the polling place to sign the declaration, and that the voter faces a reasonable impediment to procuring the identification prescribed by Subsection (b)(1);

(3) a place for the voter to indicate one of the following impediments:

(A) lack of transportation;

(B) lack of birth certificate or other documents needed to obtain the identification prescribed by Subsection (b)(1);

(C) work schedule;

(D) lost or stolen identification;

(E) disability or illness;

(F) family responsibilities; and

(G) the identification prescribed by Subsection (b)(1) has been applied for but not received;

(4) a place for the voter to sign and date the declaration;

(5) a place for the election judge to sign and date the declaration;

(6) a place to note the polling place at which the declaration is signed; [and]

(7) a place for the election judge to note which form of identification prescribed by Subsection (b)(2) the voter presented;

(8) a place for the voter's mailing address; and

(9) a place for the voter's voter identification number.

(j) Each declaration described by Subsection (i) made by a voter must be indicated beside the voter's name on the poll list and recorded in the voter's registration record.

(k) A voter may only execute a declaration described by Subsection (i) twice.

(l) For a voter who executes a declaration described by Subsection (i) or who is accepted for provisional voting under Section 63.011 solely because the voter did not meet the requirements for identification prescribed by Section 63.001(b), the county where the voter is registered shall mail the voter written information, in a manner prescribed by the secretary of state, that:

(1) lists the acceptable forms of photo identification under Section 63.0101(a); and

(2) provides a detailed and individualized explanation on how to obtain an acceptable form of photo identification under Section 63.0101(a).

SECTION 3. Section 65.0541(a), Election Code, is amended to read as follows:

(a) A voter who is accepted for provisional voting under Section 63.011 because the voter does not meet the identification requirements of Section 63.001(b) may, not later than the sixth day after the date of the election:

(1) present a form of identification described by Section 63.0101(a) or, if the voter has executed a declaration described by Section 63.001(i) less than twice, identification described by 63.0101(b) accompanied with a declaration described by Section 63.001(i) [63.0101] to the voter registrar for examination; or

(2) execute an affidavit described by Section 65.054(b)(2)(B) or (C) in the presence of the voter registrar.

SECTION 4. This Act takes effect September 1, 2025.