No DPS Number? Bill Says You Can’t Register To Vote

The text as introduced · 3,166 words

89R3000 PRL-D

By: Leo Wilson
H.B. No. 1802

A BILL TO BE ENTITLED

AN ACT

relating to voter registration; creating criminal offenses.

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

SECTION 1. Section 13.002(c), Election Code, is amended to

read as follows:

(c) A registration application must include:

(1) the applicant's first name, middle name, if any,

last name, and former name, if any;

(2) the month, day, and year of the applicant's birth;

(3) a statement that the applicant is a United States

citizen;

(4) a statement that the applicant is a resident of the

county;

(5) a statement that the applicant has not been

determined by a final judgment of a court exercising probate

jurisdiction to be:

(A) totally mentally incapacitated; or

(B) partially mentally incapacitated without the

right to vote;

(6) a statement that the applicant has not been

finally convicted of a felony or that the applicant is a felon

eligible for registration under Section 13.001;

(7) the applicant's residence address or, if the

residence has no address, the address at which the applicant

receives mail and a concise description of the location of the

applicant's residence;

(8) [ the following information:

[ (A) ] the applicant's Texas driver's license

number or the number of a personal identification card issued by the

Department of Public Safety;

[ (B) if the applicant has not been issued a

number described by Paragraph (A), the last four digits of the

applicant's social security number; or

[ (C) a statement by the applicant that the

applicant has not been issued a number described by Paragraph (A) or

(B); ]

(9) if the application is made by an agent, a statement

of the agent's relationship to the applicant; and

(10) the city and county in which the applicant

formerly resided.

SECTION 2. Subchapter A, Chapter 13, Election Code, is

amended by adding Section 13.0071 to read as follows:

Sec. 13.0071. ILLEGAL REGISTRATION. (a) A person commits

an offense if the person knowingly or intentionally:

(1) applies to register as a voter in this state; and

(2) is not a United States citizen.

(b) An offense under this section is a felony of the second

degree.

(c) If conduct that constitutes an offense under this

section also constitutes an offense under any other law, the actor

may be prosecuted under this section, the other law, or both.

SECTION 3. Section 13.072, Election Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) Unless the registrar challenges the applicant, the

registrar shall approve the application if:

(1) the registrar determines that an application

complies with Section 13.002 and indicates that the applicant is

eligible for registration; [ and ]

(2) [ for an applicant who has not included a statement

described by Section 13.002(c)(8)(C), ] the registrar verifies with

the secretary of state [ :

[ (A) ] the applicant's Texas driver's license

number or number of a personal identification card issued by the

Department of Public Safety; and

(3) the registrar verifies the applicant's citizenship

[ or

[ (B) the last four digits of the applicant's

social security number ].

(a-1) The secretary of state shall prescribe any procedures

necessary to verify the citizenship of an applicant as required

under Subsection (a)(3).

SECTION 4. Section 13.122(a), Election Code, is amended to

read as follows:

(a) In addition to the other statements and spaces for

entering information that appear on an officially prescribed

registration application form, each official form must include:

(1) the statement: "I understand that giving false

information to procure a voter registration is perjury and a crime

under state and federal law.";

(2) a space for the applicant's registration number;

(3) a space for the applicant's Texas driver's license

number or number of a personal identification card issued by the

Department of Public Safety;

(4) a space for the applicant's telephone number;

(5) [ a space for the applicant's social security

number;

[ (6) ] a space for the applicant's sex;

(6) [ (7) ] a statement indicating that the furnishing

of the applicant's telephone number and sex is optional;

(7) [ (8) ] a space or box for indicating whether the

applicant or voter is submitting new registration information or a

change in current registration information;

(8) [ (9) ] a statement instructing a voter who is using

the form to make a change in current registration information to

enter the voter's name and the changed information in the

appropriate spaces on the form;

(9) [ (10) ] a statement that if the applicant declines

to register to vote, that fact will remain confidential and will be

used only for voter registration purposes;

(10) [ (11) ] a statement that if the applicant does

register to vote, information regarding the agency or office to

which the application is submitted will remain confidential and

will be used only for voter registration purposes;

(11) [ (12) ] a space or box for indicating whether the

applicant is interested in working as an election judge;

(12) [ (13) ] a statement warning that a conviction for

making a false statement may result in imprisonment for up to the

maximum amount of time provided by law, a fine of up to the maximum

amount provided by law, or both the imprisonment and the fine; and

(13) [ (14) ] any other voter registration information

required by federal law or considered appropriate and required by

the secretary of state.

SECTION 5. Section 16.031(a), Election Code, is amended to

read as follows:

(a) The registrar shall cancel a voter's registration

immediately on receipt of:

(1) notice under Section 13.072(b), 15.021, or

18.0681(d) or a response under Section 15.053 that the voter's

residence is outside the county;

(2) an abstract of the voter's death certificate under

Section 16.001(a) or an abstract of an application indicating that

the voter is deceased under Section 16.001(b);

(3) an abstract of a final judgment of the voter's

total mental incapacity, partial mental incapacity without the

right to vote, conviction of a felony, or disqualification under

Section 16.002, 16.003, or 16.004;

(4) notice under Section 112.012 that the voter has

applied for a limited ballot in another county;

(5) notice from a voter registration official in

another state that the voter has registered to vote outside this

state;

(6) notice from the early voting clerk under Section

101.053 that a federal postcard application submitted by an

applicant states a voting residence address located outside the

registrar's county; or

(7) notice from the secretary of state that the voter

has registered to vote in another county, as determined by the

voter's driver's license number or personal identification card

number issued by the Department of Public Safety [ or social

security number ].

SECTION 6. Sections 84.002(a) and (b-1), Election Code, are

amended to read as follows:

(a) An early voting ballot application must include:

(1) the applicant's name and the address at which the

applicant is registered to vote;

(1-a) for an applicant registered to vote under Chapter

13 before September 1, 2025, the following information:

(A) the number of the applicant's driver's

license, election identification certificate, or personal

identification card issued by the Department of Public Safety;

(B) if the applicant has not been issued a number

described by Paragraph (A), the last four digits of the applicant's

social security number; or

(C) a statement by the applicant that the

applicant has not been issued a number described by Paragraph (A) or

(B);

(1-b) for an applicant registered to vote under Chapter

13 on or after September 1, 2025, the number of the applicant's

driver's license, election identification certificate, or personal

identification card issued by the Department of Public Safety;

(2) for an application for a ballot to be voted by mail

on the ground of absence from the county of residence, the address

outside the applicant's county of residence to which the ballot is

to be mailed;

(3) for an application for a ballot to be voted by mail

on the ground of age or disability, the address of the hospital,

nursing home or other long-term care facility, or retirement

center, or of a person related to the applicant within the second

degree by affinity or the third degree by consanguinity, as

determined under Chapter 573, Government Code, if the applicant is

living at that address and that address is different from the

address at which the applicant is registered to vote;

(4) for an application for a ballot to be voted by mail

on the ground of confinement in jail, the address of the jail or of a

person related to the applicant within the degree described by

Subdivision (3);

(5) for an application for a ballot to be voted by mail

on any ground, an indication of each election for which the

applicant is applying for a ballot;

(6) an indication of the ground of eligibility for

early voting; and

(7) for an application for a ballot to be voted by mail

on the ground of involuntary civil commitment, the address of the

facility operated by or under contract with the Texas Civil

Commitment Office or of a person related to the applicant within the

degree of consanguinity described by Subdivision (3).

(b-1) A person may use the number of a driver's license,

election identification certificate, or personal identification

card that has expired for the purpose of fulfilling the requirement

under Subsection (a)(1-a) or (1-b) if the license or identification

is otherwise valid.

SECTION 7. Section 84.011(a), Election Code, is amended to

read as follows:

(a) The officially prescribed application form for an early

voting ballot must include:

(1) immediately preceding the signature space the

statement: "I certify that the information given in this

application is true, and I understand that giving false information

in this application is a crime.";

(2) a statement informing the applicant of the

offenses prescribed by Sections 84.003 and 84.004;

(3) spaces for entering an applicant's voter

registration number and county election precinct of registration,

with a statement informing the applicant that failure to furnish

that information does not invalidate the application;

(3-a) a space for entering the information required

under Section 84.002(a)(1-a) or (1-b) ; and

(4) on an application for a ballot to be voted by mail:

(A) a space for an applicant applying on the

ground of absence from the county of residence to indicate the date

on or after which the applicant can receive mail at the address

outside the county;

(B) a space for indicating the fact that an

applicant whose application is signed by a witness cannot make the

applicant's mark and a space for indicating the relationship or

lack of relationship of the witness to the applicant;

(C) a space for entering an applicant's telephone

number, with:

(i) a statement informing the applicant

that failure to furnish that information does not invalidate the

application; and

(ii) a statement prescribed by the

secretary of state explaining the benefits of furnishing that

information, including how that information assists the early

voting clerk;

(D) a space or box for an applicant applying on

the ground of age or disability to indicate that the address to

which the ballot is to be mailed is the address of a facility or

relative described by Section 84.002(a)(3), if applicable;

(E) a space or box for an applicant applying on

the ground of confinement in jail or involuntary civil commitment

to indicate that the address to which the ballot is to be mailed is

the address of a relative described by Section 84.002(a)(4) or (7),

if applicable;

(F) a space for an applicant applying on the

ground of age or disability to indicate if the application is an

application under Section 86.0015;

(G) spaces for entering the signature, printed

name, and residence address of any person assisting the applicant;

(H) a statement informing the applicant of the

condition prescribed by Section 81.005; and

(I) a statement informing the applicant of the

requirement prescribed by Section 86.003(c).

SECTION 8. Section 84.014, Election Code, is amended to

read as follows:

Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN

APPLICATIONS. (a) If an applicant provides a date of birth or [ , ]

driver's license number [ , or social security number ] on the

applicant's application for an early voting ballot to be voted by

mail that is different from or in addition to the information

maintained by the voter registrar in accordance with Title 2, the

early voting clerk shall notify the voter registrar. The voter

registrar shall update the voter's record with the information

provided by the applicant.

(b) This subsection applies only to an applicant registered

to vote under Chapter 13 before September 1, 2025. If an applicant

provides a social security number on the applicant's application

for an early voting ballot to be voted by mail that is different

from the information maintained by the voter registrar in

accordance with Title 2, the early voting clerk shall notify the

voter registrar. The voter registrar shall update the voter's

record with the information provided by the applicant.

SECTION 9. Sections 86.001(f) and (f-1), Election Code, are

amended to read as follows:

(f) If the information required under Section

84.002(a)(1-a) or (1-b) included on the application does not

identify the same voter identified on the applicant's application

for voter registration under Section 13.002(c)(8), the clerk shall

reject the application.

(f-1) If an application is rejected under Subsection (f),

the clerk shall provide notice of the rejection in accordance with

Subsection (c). The notice must include information regarding the

ability to correct or add information required under Section

84.002(a)(1-a) or (1-b) through the online tool described by

Section 86.015(c).

SECTION 10. Section 86.002(g), Election Code, is amended to

read as follows:

(g) The carrier envelope must include a space that is hidden

from view when the envelope is sealed for the voter to enter the

following information:

(1) for a voter registered to vote under Chapter 13

before September 1, 2025:

(A) the number of the voter's driver's license,

election identification certificate, or personal identification

card issued by the Department of Public Safety;

(B) [ (2) ] if the voter has not been issued a

number described by Subdivision (1), the last four digits of the

voter's social security number; or

(C) [ (3) ] a statement by the applicant that the

applicant has not been issued a number described by Subdivision (1)

or (2) ; and

(2) for a voter registered to vote under Chapter 13 on

or after September 1, 2025, the number of the voter's driver's

license, election identification certificate, or personal

identification card issued by the Department of Public Safety .

SECTION 11. Sections 86.015(b) and (c), Election Code, are

amended to read as follows:

(b) The online tool developed or provided under Subsection

(a) must require the voter to provide, before permitting the voter

to access information described by that subsection:

(1) for a voter registered to vote under Chapter 13

before September 1, 2025:

(A) the voter's name and date of birth and the

last four digits of the voter's social security number; and

(B) [ (2) ] the voter's:

(i) [ (A) ] driver's license number; or

(ii) [ (B) ] personal identification card

number or election identification certificate number issued by the

Department of Public Safety ; and

(2) for a voter registered to vote under Chapter 13 on

or after September 1, 2025:

(A) the voter's name and date of birth; and

(B) the voter's:

(i) driver's license number; or

(ii) personal identification card number or

election identification certificate number issued by the

Department of Public Safety .

(c) An online tool used under this section must:

(1) for each election, record:

(A) each application for a ballot to be voted by

mail received by the clerk; and

(B) each carrier envelope sent to a voter by the

clerk;

(2) for each carrier envelope, record or assign a

serially numbered and sequentially issued barcode or tracking

number that is unique to each envelope;

(3) update the applicable Internet website as soon as

practicable after each of the following events occurs:

(A) receipt by the early voting clerk of the

person's application for a ballot to be voted by mail;

(B) acceptance or rejection by the early voting

clerk of the person's application for a ballot to be voted by mail;

(C) placement in the mail by the early voting

clerk of the person's official ballot;

(D) receipt by the early voting clerk of the

person's marked ballot; and

(E) acceptance or rejection by the early voting

ballot board of a person's marked ballot; and

(4) allow a voter to add or correct information

required under Section 84.002(a)(1-a) or (1-b) or Section

86.002(g).

SECTION 12. Section 87.0271(a), Election Code, is amended

to read as follows:

(a) This section applies to an early voting ballot voted by

mail:

(1) for which the voter did not sign the carrier

envelope certificate;

(2) for which it cannot immediately be determined

whether the signature on the carrier envelope certificate is that

of the voter;

(3) missing any required statement of residence;

(4) missing information or containing incorrect

information required under Section 84.002(a)(1-a) or (1-b) or

Section 86.002; or

(5) containing incomplete information with respect to

a witness.

SECTION 13. Section 87.0411(a), Election Code, is amended

to read as follows:

(a) This section applies to an early voting ballot voted by

mail:

(1) for which the voter did not sign the carrier

envelope certificate;

(2) for which it cannot immediately be determined

whether the signature on the carrier envelope certificate is that

of the voter;

(3) missing any required statement of residence;

(4) missing information or containing incorrect

information required under Section 84.002(a)(1-a) or (1-b) or

Section 86.002; or

(5) containing incomplete information with respect to

a witness.

SECTION 14. Section 101.053, Election Code, is amended by

amending Subsection (b) and adding Subsection (b-1) to read as

follows:

(b) If an applicant provides a date of birth or [ , ] driver's

license number [ , or social security number ] on the applicant's

federal postcard application that is different from or in addition

to the information maintained by the voter registrar in accordance

with Title 2, the early voting clerk shall notify the voter

registrar. The voter registrar shall update the voter's record

with the information provided by the applicant.

(b-1) This subsection applies only to an applicant

registered to vote before September 1, 2025. If an applicant

provides a social security number on the applicant's federal

postcard application that is different from the information

maintained by the voter registrar in accordance with Title 2, the

early voting clerk shall notify the voter registrar. The voter

registrar shall update the voter's record with the information

provided by the applicant.

SECTION 15. The following provisions of the Election code

are repealed:

(1) Section 13.004(b); and

(2) Section 13.122(c).

SECTION 16. This Act takes effect September 1, 2025.