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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for registering to vote and accepting a |
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voter at a polling place; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.001(a), Election Code, is amended to |
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read as follows: |
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(a) Each voter registration certificate issued must |
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contain: |
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(1) the voter's name in the form indicated by the |
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voter, subject to applicable requirements prescribed by Section |
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13.002 and by rule of the secretary of state; |
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(2) the voter's residence address or, if the residence |
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has no address, the address at which the voter receives mail and a |
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concise description of the location of the voter's residence; |
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(3) the month, day, and year of the voter's birth; |
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(4) the number of the county election precinct in |
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which the voter resides; |
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(5) the voter's effective date of registration if an |
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initial certificate; |
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(6) the voter's registration number; |
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(7) an indication of the period for which the |
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certificate is issued; |
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(8) a statement explaining the circumstances under |
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which the voter will receive a new certificate; |
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(9) a space for stamping the voter's political party |
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affiliation; |
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(10) a statement that voting with the certificate by a |
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person other than the person in whose name the certificate is issued |
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is a felony; |
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(11) a space for the voter's signature; |
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(12) a statement that the voter must sign the |
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certificate personally, if able to sign, immediately on receipt; |
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(13) a space for the voter to correct the information |
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on the certificate followed by a signature line; |
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(14) the statement: "If any information on this |
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certificate changes or is incorrect, correct the information in the |
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space provided, sign below, and return this certificate to the |
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voter registrar."; |
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(15) the registrar's mailing address and telephone |
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number; [and] |
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(16) the jurisdictional or distinguishing number for |
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the following territorial units in which the voter resides, as |
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determined by the voter registrar: |
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(A) congressional district; |
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(B) state senatorial district; |
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(C) state representative district; |
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(D) commissioners precinct; |
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(E) justice precinct; |
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(F) city election precinct; and |
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(G) school district election precinct; and |
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(17) the photograph of the voter to whom the |
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certificate is issued if a photograph has been obtained under |
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Section 31.012. |
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SECTION 2. Subchapter A, Chapter 31, Election Code, is |
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amended by adding Section 31.012 to read as follows: |
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Sec. 31.012. PHOTO IDENTIFICATION ACCESS. The secretary of |
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state shall establish methods to obtain a photograph of each |
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registered voter for use on the voter's voter registration |
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certificate. For purposes of this section, the secretary of state |
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may enter into agreements with the Department of Public Safety or |
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other state agencies and governmental entities for assistance with |
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assigning photographs to the appropriate voter's voter |
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registration certificate. |
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SECTION 3. Section 63.001, Election Code, is amended by |
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amending Subsections (b), (c), (d), and (f) and adding Subsection |
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(g) to read as follows: |
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(b) On offering to vote, a voter must present to an election |
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officer at the polling place: |
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(1) the voter's voter registration certificate |
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containing the voter's photograph; |
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(2) an identification card issued by this state; or |
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(3) the affidavit described by Section 63.007 [to an
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election officer at the polling place]. |
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(c) On presentation of the documentation required by |
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Subsection (b) [a registration certificate], an election officer |
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shall determine whether the voter's name on the documentation |
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[registration certificate] is on the list of registered voters for |
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the precinct. |
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(d) If the voter's name is on the precinct list of |
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registered voters and the voter's identity can be verified from the |
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documentation presented under Subsection (b), the voter shall be |
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accepted for voting. |
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(f) After determining whether to accept a voter, an election |
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officer shall return the voter's documentation [registration
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certificate] to the voter. |
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(g) Perjury committed in the execution of an affidavit for |
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the purposes of being accepted to vote constitutes aggravated |
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perjury under Section 37.03, Penal Code. |
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SECTION 4. Section 63.006(a), Election Code, is amended to |
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read as follows: |
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(a) A voter who, when offering to vote, presents a voter |
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registration certificate indicating that the voter is currently |
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registered in the precinct in which the voter is offering to vote, |
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but whose name is not on the precinct list of registered voters, |
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shall be accepted for voting if the voter meets the identification |
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or affidavit requirements under Section 63.001. |
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SECTION 5. The heading to Section 63.007, Election Code, is |
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amended to read as follows: |
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Sec. 63.007. VOTER WITHOUT CERTIFICATE OR WITH INCORRECT |
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CERTIFICATE WHO IS NOT ON LIST. |
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SECTION 6. Section 63.007(a), Election Code, is amended to |
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read as follows: |
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(a) A voter who, when offering to vote, does not present a |
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voter registration certificate or presents a voter registration |
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certificate indicating that the voter is currently registered in a |
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different precinct from the one in which the voter is offering to |
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vote, and whose name is not on the precinct list of registered |
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voters, shall be accepted for voting if the voter executes an |
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affidavit stating that the voter: |
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(1) is a resident of the precinct in which the voter is |
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offering to vote or is otherwise entitled by law to vote in that |
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precinct; |
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(2) was a resident of the precinct in which the voter |
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is offering to vote at the time that information on the voter's |
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residence address was last provided to the voter registrar; |
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(3) did not deliberately provide false information to |
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secure registration in a precinct in which the voter does not |
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reside; and |
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(4) is voting only once in the election. |
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SECTION 7. The heading to Section 63.009, Election Code, is |
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amended to read as follows: |
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Sec. 63.009. VOTER WITHOUT DOCUMENTATION [CERTIFICATE] WHO |
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IS NOT ON LIST. |
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SECTION 8. Section 63.009(a), Election Code, is amended to |
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read as follows: |
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(a) A [Except as provided by Subsection (b), a] voter who |
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does not meet the identification or affidavit requirements under |
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Section 63.001 [present a voter registration certificate when
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offering to vote], and whose name is not on the list of registered |
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voters for the precinct in which the voter is offering to vote, |
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shall be accepted for provisional voting if the voter executes an |
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affidavit in accordance with Section 63.011. |
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SECTION 9. Section 63.011(a), Election Code, is amended to |
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read as follows: |
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(a) A person to whom Section [63.008(b) or] 63.009(a) |
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applies may cast a provisional ballot if the person executes an |
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affidavit stating that the person: |
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(1) is a registered voter in the precinct in which the |
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person seeks to vote; and |
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(2) is eligible to vote in the election. |
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SECTION 10. Section 65.054(b), Election Code, is amended to |
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read as follows: |
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(b) A provisional ballot may be accepted only if: |
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(1) the board determines that, from the information in |
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the affidavit or contained in public records, the person is |
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eligible to vote in the election and has not previously voted in |
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that election; and |
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(2) the voter meets the identification requirements of |
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Section 63.001(b) in the period prescribed under Section 65.0541. |
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SECTION 11. Subchapter B, Chapter 65, Election Code, is |
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amended by adding Section 65.0541 to read as follows: |
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Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN |
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PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional |
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voting under Section 63.011 because the voter does not meet the |
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identification requirements of Section 63.001(b) may, not later |
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than the sixth business day after the date of the election, present |
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proof of identification to the voter registrar for examination by |
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the early voting ballot board. |
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(b) The secretary of state shall prescribe procedures as |
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necessary to implement this section. |
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SECTION 12. Sections 63.008, 63.009(b), and 63.0101, |
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Election Code, are repealed. |
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SECTION 13. (a) As soon as practicable after the effective |
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date of this Act, the secretary of state shall establish, subject to |
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Subsection (b) of this section, the photo identification access |
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program required by Section 31.012, Election Code, as added by this |
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Act. |
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(b) The photo identification access program required by |
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Section 31.012, Election Code, as added by this Act, must provide |
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for voter registration certificates to contain photographs for use |
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beginning with the general election for state and county officers |
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held in 2012. |
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SECTION 14. This Act takes effect September 1, 2011. |