|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the cancellation of all voter registrations following |
|
each presidential election; making conforming changes to voter |
|
registration and maintenance procedures; imposing a civil penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 13.142(c), Election Code, is amended to |
|
read as follows: |
|
(c) An initial certificate takes effect on the effective |
|
date of the registration and expires on the November 30 immediately |
|
following the next presidential election [January 1 of an |
|
even-numbered year]. |
|
SECTION 2. Section 15.002(a), Election Code, is amended to |
|
read as follows: |
|
(a) A voter registration certificate may contain an |
|
explanation of the voter's rights or duties under this code, |
|
including: |
|
(1) [the procedure by which the voter will receive a |
|
renewal certificate; |
|
[(2)] the necessity of notifying the registrar if the |
|
voter changes residence; |
|
(2) [(3)] the necessity of applying for a new |
|
registration if the voter changes residence to another county; |
|
(3) [(4)] the period during which the voter may vote a |
|
limited ballot after changing residence to another county; |
|
(4) [(5)] the procedure for voting without a |
|
certificate; and |
|
(5) [(6)] the procedure for obtaining a replacement |
|
for a lost or destroyed certificate. |
|
SECTION 3. Section 15.005(a), Election Code, is amended to |
|
read as follows: |
|
(a) The voter registrar of each county shall provide notice |
|
of the identification requirements for voting prescribed by Chapter |
|
63 and a detailed description of those requirements with each voter |
|
registration certificate issued under Section 13.142 [or renewal |
|
registration certificate issued under Section 14.001]. |
|
SECTION 4. Section 15.052(a), Election Code, is amended to |
|
read as follows: |
|
(a) The officially prescribed form for a confirmation |
|
notice must include: |
|
(1) a statement that, if the voter fails to submit to |
|
the registrar a written, signed response confirming the voter's |
|
current residence on or before the 30th day after the date the |
|
confirmation notice is mailed,[: |
|
[(A)] the voter is subject to submission of a |
|
statement of residence before the voter may be accepted for voting |
|
in an election held after that deadline; [or |
|
[(B) for a notice delivered under Section 14.023, |
|
the voter will remain subject to submission of a statement of |
|
residence before the voter may be accepted for voting in an |
|
election;] |
|
(2) a warning that the voter's registration is subject |
|
to cancellation if the voter fails to confirm the voter's current |
|
residence either by notifying the registrar in writing or voting on |
|
a statement of residence before November 30 following the first |
|
[second] general election for state and county officers that occurs |
|
after the date the confirmation notice is mailed; and |
|
(3) a statement that the voter must include all of the |
|
required information on the official confirmation notice response |
|
form. |
|
SECTION 5. Section 15.081(a), Election Code, is amended to |
|
read as follows: |
|
(a) The registrar shall maintain a suspense list containing |
|
the name of each voter who: |
|
(1) [who] fails to submit a response to the registrar |
|
in accordance with Section 15.053; |
|
[(2) whose renewal certificate is returned to the |
|
registrar in accordance with Subchapter B, Chapter 14;] or |
|
(2) [(3) who] appears on the list of nonresidents of |
|
the county provided to the registrar under Section 62.114, |
|
Government Code. |
|
SECTION 6. Section 16.032, Election Code, is amended to |
|
read as follows: |
|
Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST |
|
PERIOD. If on November 30 following the first [second] general |
|
election for state and county officers that occurs after the date |
|
the voter's name is entered on the suspense list a registered |
|
voter's name appears on the suspense list, the registrar shall |
|
cancel the voter's registration unless the name is to be deleted |
|
from the list under Section 15.022 or 15.023. |
|
SECTION 7. Section 16.039, Election Code, is amended to |
|
read as follows: |
|
Sec. 16.039. FAILURE BY REGISTRAR TO TIMELY PERFORM DUTY; |
|
CIVIL PENALTY. (a) If a registrar fails to timely perform a duty |
|
imposed on the registrar under this subchapter requiring the |
|
approval, change, or cancellation of a voter's registration: |
|
(1) the registrar is liable to this state for a civil |
|
penalty in an amount not to exceed $5,000 for each failure; and |
|
(2) [,] the secretary of state shall [may] withhold |
|
funds administered and distributed by the secretary under Chapter |
|
19 or Section 31.009 from the registrar. |
|
(b) Notwithstanding Subsection (a)(2) [(a)], the secretary |
|
of state shall distribute funds under Chapter 19 or Section 31.009 |
|
if the registrar performs the registrar's duty not later than 30 |
|
days after the funds are withheld. |
|
(c) The attorney general may bring an action to collect a |
|
penalty under this section. |
|
SECTION 8. Subchapter B, Chapter 16, Election Code, is |
|
amended by adding Section 16.040 to read as follows: |
|
Sec. 16.040. CANCELLATION FOLLOWING PRESIDENTIAL ELECTION. |
|
(a) Notwithstanding any other provision of this code, on November |
|
30 immediately following a presidential election, the registrar |
|
shall cancel all voter registrations. |
|
(b) A cancellation under this section may not be challenged |
|
or reinstated under this chapter. |
|
(c) Following cancellation under this section, a person |
|
desiring to register to vote must submit an application for |
|
registration under Chapter 13. |
|
SECTION 9. Section 16.061, Election Code, is amended to |
|
read as follows: |
|
Sec. 16.061. RIGHT TO CHALLENGE CANCELLATION. A person |
|
whose voter registration is canceled may challenge the cancellation |
|
at a hearing before the registrar. This section does not apply to a |
|
person whose voter registration is canceled under Section 16.040. |
|
SECTION 10. Chapter 14, Election Code, is repealed. |
|
SECTION 11. Section 13.142(c), Election Code, as amended by |
|
this Act, applies only to a voter registration certificate for |
|
which an application is received by the voter registrar on or after |
|
September 1, 2025. |
|
SECTION 12. This Act takes effect September 1, 2025. |