| |
| |
| |
|
|
AN ACT
|
|
|
relating to the determination that a voter is deceased. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 16.033(b), (c), and (d), Election Code, |
|
|
are amended to read as follows: |
|
|
(b) If the registrar has reason to believe that a voter is no |
|
|
longer eligible for registration, the registrar shall deliver |
|
|
written notice to the voter indicating that the voter's |
|
|
registration status is being investigated by the registrar. The |
|
|
notice shall be delivered by forwardable mail to the mailing |
|
|
address on the voter's registration application and to any new |
|
|
address of the voter known to the registrar. If the secretary of |
|
|
state has adopted or recommended a form for a written notice under |
|
|
this section, the registrar must use that form. |
|
|
(c) The notice must include: |
|
|
(1) a request for information relevant to determining |
|
|
the voter's eligibility for registration; and |
|
|
(2) a warning that the voter's registration is subject |
|
|
to cancellation if the registrar does not receive an appropriate |
|
|
reply on or before the 30th day after the date the notice is mailed. |
|
|
(d) Except as provided by Subsection (e), the registrar |
|
|
shall cancel a voter's registration if: |
|
|
(1) after considering the voter's reply, the registrar |
|
|
determines that the voter is not eligible for registration; |
|
|
(2) no reply is received from the voter on or before |
|
|
the 30th day after the date the notice is mailed to the voter under |
|
|
Subsection (b); or |
|
|
(3) each notice mailed under Subsection (b) is |
|
|
returned undelivered to the registrar with no forwarding |
|
|
information available. |
|
|
SECTION 2. Section 18.068, Election Code, as added by |
|
|
Chapter 683 (H.B. 174), Acts of the 82nd Legislature, Regular |
|
|
Session, 2011, is amended to read as follows: |
|
|
Sec. 18.068. COMPARISON OF INFORMATION REGARDING |
|
|
INELIGIBILITY. (a) The secretary of state shall quarterly compare |
|
|
the information received under Section 16.001 of this code and |
|
|
Section 62.113, Government Code, to the statewide computerized |
|
|
voter registration list. If the secretary determines that a voter |
|
|
on the registration list is deceased or has been excused or |
|
|
disqualified from jury service because the voter is not a citizen, |
|
|
the secretary shall send notice of the determination to the voter |
|
|
registrar of the counties considered appropriate by the secretary. |
|
|
(b) The secretary of state shall by rule determine what |
|
|
information combinations identified as common to a voter and to an |
|
|
individual who is deceased constitute a weak match or a strong match |
|
|
in order to: |
|
|
(1) produce the least possible impact on Texas voters; |
|
|
and |
|
|
(2) fulfill its responsibility to manage the voter |
|
|
rolls. |
|
|
(c) The secretary of state may not determine that a voter is |
|
|
deceased based on a weak match. The secretary of state may inform |
|
|
the county of the voter's residence that a weak match exists. |
|
|
(d) On receiving notification from the secretary of state |
|
|
under Subsection (c) that a weak match of identifying information |
|
|
exists for a county voter and an individual who is deceased, the |
|
|
county shall investigate whether the voter is the individual who is |
|
|
deceased. |
|
|
(e) The secretary of state may determine that a voter is |
|
|
deceased based on a strong match. |
|
|
(f) The secretary of state may obtain, for purposes of |
|
|
determining whether a voter is deceased, information from other |
|
|
state agency databases relating to a voter that is the same type of |
|
|
information that the secretary of state or a voter registrar |
|
|
collects or stores for voter registration purposes. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2013. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3593 was passed by the House on May |
|
|
10, 2013, by the following vote: Yeas 88, Nays 50, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 3593 on May 24, 2013, by the following vote: Yeas 90, Nays 53, |
|
|
2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 3593 was passed by the Senate, with |
|
|
amendments, on May 22, 2013, by the following vote: Yeas 25, Nays |
|
|
6. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |