The proof-of-citizenship rule reaches only as far as federal law and the cited court case allow. The bill's own Section 2 has to ask federal officials to add proof of citizenship to the federal mail form, which shows that people using that form may not be covered by the new Texas requirement.
Federal form users may not be covered, so ask the feds. No action in 180 days? Sue.
The bill says anyone registering to vote in Texas must give the county registrar proof of citizenship, under rules the secretary of state writes. Those rules apply only as far as the federal National Voter Registration Act and a named U.S. Supreme Court case allow. The secretary of state must also ask the federal Election Assistance Commission by January 1, 2026 to add a proof-of-citizenship requirement to the federal mail registration form, and the attorney general must sue if the commission has not acted within 180 days.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R SB 1600 by Sen. Hughes (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 1600 by Sen. Hughes (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Dec 18, 2024 and referred to the House Elections committee. No public hearing. The bill died.
relating to a person submitting proof of citizenship to verify
eligibility to vote in Texas.
WHAT IT DOES
Federal form users may not be covered, so ask the feds. No action in 180 days? Sue.
The bill says anyone registering to vote in Texas must give the county registrar proof of citizenship, under rules the secretary of state writes. Those rules apply only as far as the federal National Voter Registration Act and a named U.S. Supreme Court case allow. The secretary of state must also ask the federal Election Assistance Commission by January 1, 2026 to add a proof-of-citizenship requirement to the federal mail registration form, and the attorney general must sue if the commission has not acted within 180 days.
The proof-of-citizenship rule reaches only as far as federal law and the cited court case allow. The bill's own Section 2 has to ask federal officials to add proof of citizenship to the federal mail form, which shows that people using that form may not be covered by the new Texas requirement.
The bill orders rules requiring proof of citizenship to register, but limits them to what federal law permits and leans on a request and a possible lawsuit to change the federal form.
89R5307 LRM-F
By: Leach
H.B. No. 1670
A BILL TO BE ENTITLED
AN ACT
relating to a person submitting proof of citizenship to verify
eligibility to vote in Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A person desiring to register to vote must submit an
application and proof of citizenship as required under Subsection
(a-1) to the registrar of the county in which the person
resides. Except as provided by Subsection (e), an application must
be submitted by personal delivery, by mail, or by telephonic
facsimile machine in accordance with Sections 13.143(d) and (d-2).
(a-1) To the extent permitted by the National Voter
Registration Act of 1993 (52 U.S.C. Section 20501 et seq.) and
Arizona v. Inter Tribal Council of Arizona, Inc. , 570 U.S. 1 (2013), , 570 U.S. 1 (2013),
the secretary of state shall prescribe rules that require a person
to submit to the registrar proof of citizenship to determine voter
eligibility.
SECTION 2. (a) Not later than January 1, 2026, the
secretary of state shall request that the federal Election
Assistance Commission alter the mail voter registration
application form requirements described in the National Voter
Registration Act of 1993 (52 U.S.C. Section 20501 et seq.) to
include a requirement that applicants submit documented proof of
citizenship as a condition to registration in Texas.
(b) If the commission fails to comply before the 180th day
following the secretary of state's request under this section, the
attorney general shall seek enforcement in a court of law.
SECTION 3. This Act takes effect September 1, 2025.