bill narrowing voter ID to a license or DPS card

The text as introduced · 3,237 words

89R2698 PRL-D

By: Morgan
H.B. No. 3367

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility to vote in an election.

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

SECTION 1. Section 15.022(a), Election Code, is amended to

read as follows:

(a) The registrar shall make the appropriate corrections in

the registration records, including, if necessary, deleting a

voter's name from the suspense list:

(1) after receipt of a notice of a change in

registration information under Section 15.021;

(2) after receipt of a voter's reply to a notice of

investigation given under Section 16.033;

(3) after receipt of any affidavits executed under

Section 63.006, following an election;

(4) [ after receipt of a voter's statement of residence

executed under Section 63.0011;

[ (5) ] before the effective date of the abolishment of

a county election precinct or a change in its boundary;

(5) [ (6) ] after receipt of United States Postal

Service information indicating an address reclassification;

(6) [ (7) ] after receipt of a voter's response under

Section 15.053;

(7) [ (8) ] after receipt of a registration application

or change of address under Chapter 20; or

(8) [ (9) ] after notification of a data entry error of

which the voter registrar is made aware under Section 63.0051.

SECTION 2. Section 15.025(a), Election Code, is amended to

read as follows:

(a) Except as provided by Subsections (b) and (d), the

registration of a voter described by this subsection whose

information is changed on the registration records becomes

effective as to the change on the 30th day after:

(1) the date the voter submits to the registrar a

notice of a change in registration information under Section 15.021

or a response under Section 15.053, indicating the change; or

(2) the date the voter submits [ a statement of

residence to an election officer under Section 63.0011 or ] a

registration application or change of address to an agency employee

under Chapter 20, indicating the change.

SECTION 3. 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 second general election for state and county officers

that occurs after the date the confirmation notice is mailed; and

(2) [ (3) ] a statement that the voter must include all

of the required information on the official confirmation notice

response form.

SECTION 4. Section 16.092, Election Code, is amended to

read as follows:

Sec. 16.092. SWORN STATEMENT REQUIRED. A voter desiring to

challenge a registration must file with the registrar a sworn

statement of the grounds for the challenge that:

(1) identifies the voter whose registration is being

challenged; and

(2) states a specific qualification for registration

that the challenged voter has not met based on the personal

knowledge of the voter desiring to challenge the registration ,

including knowledge obtained through publicly available

information .

SECTION 5. Sections 63.001(b) and (e), Election Code, are

amended to read as follows:

(b) On [ Except as provided by Subsection (h), on ] offering

to vote, a voter must present to an election officer at the polling

place a driver's license or personal identification card issued to

the person by the Department of Public Safety that has not expired

[ :

[ (1) one form of photo identification listed in

Section 63.0101(a); or

[ (2) one form of identification listed in Section

63.0101(b) accompanied by the declaration described by Subsection

(i) ].

(e) On accepting a voter, an election officer shall indicate

beside the voter's name on the list of registered voters that the

voter is accepted for voting. [ If the voter executes a declaration

of reasonable impediment to meet the requirement for identification

under Subsection (b), the election officer must affix the voter's

voter registration number to the declaration either in numeric or

bar code form. ]

SECTION 6. Sections 63.0011(a) and (b), Election Code, are

amended to read as follows:

(a) Before a voter may be accepted for voting, an election

officer shall :

(1) ask the voter to state [ if ] the voter's current

residence address ; and

(2) compare the address stated by the voter to the

voter's residence address listed on :

(A) the precinct list of registered voters ; and

(B) a driver's license or personal

identification card issued to the person by the Department of

Public Safety that has not expired [ is current and whether the voter

has changed residence within the county. If the voter's address is

omitted from the precinct list under Section 18.005(c), the officer

shall ask the voter if the voter's residence, if listed, on

identification presented by the voter under Section 63.001(b) is

current and whether the voter has changed residence within the

county ].

(b) If the voter's residence address provided under

Subsection (a) does not match the address on the precinct list of

registered voters or the address listed on the voter's driver's

license or personal identification card [ is not current because the

voter has changed residence within the county ], the voter may be

accepted for provisional voting only under Section 63.011 [ vote,

if otherwise eligible, in the election precinct in which the voter

is registered if the voter resides in the county in which the voter

is registered and, if applicable:

[ (1) resides in the political subdivision served by

the authority ordering the election if the political subdivision is

other than the county; or

[ (2) resides in the territory covered by the election

in a less-than-countywide election ordered by the governor or a

county authority ].

SECTION 7. Section 63.004(a), Election Code, is amended to

read as follows:

(a) The secretary of state may prescribe forms that combine

the poll list, the signature roster, or any other form used in

connection with the acceptance of voters at polling places with

each other or with the list of registered voters. The secretary

shall prescribe any special instructions necessary for using the

combination forms. [ The combination forms must include space for

an election officer to indicate whether a voter executed a

declaration of reasonable impediment under Section 63.001(i). ]

SECTION 8. Sections 63.011(a) and (b), Election Code, are

amended to read as follows:

(a) A person to whom Section 63.001(g) , 63.0011(b), or

63.009 applies may cast a provisional ballot if the person executes

an affidavit stating that the person:

(1) is a registered voter in the precinct in which the

person seeks to vote; and

(2) is eligible to vote in the election.

(b) A form for an affidavit required by this section must be

printed on an envelope in which the provisional ballot voted by the

person may be placed and must include[ :

[ (1) ] a space for entering the identification number

of the provisional ballot voted by the person[ ; and

[ (2) a space for an election officer to indicate

whether the person presented a form of identification described by

Section 63.0101 ].

SECTION 9. Section 65.0541(a), Election Code, is amended to

read as follows:

(a) A voter who is accepted for provisional voting under

Section 63.011 because the voter does not meet the identification

requirements of Section 63.001(b) may, not later than the sixth day

after the date of the election:

(1) present a form of identification that meets the

requirements of [ described by ] Section 63.001(b) [ 63.0101 ] to the

voter registrar for examination; or

(2) execute an affidavit described by Section

65.054(b)(2)(B) or (C) in the presence of the voter registrar.

SECTION 10. Section 66.0241, Election Code, is amended to

read as follows:

Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4

must contain:

(1) the precinct list of registered voters;

(2) the registration correction list; and

(3) [ any statements of residence executed under

Section 63.0011; and

[ (4) ] any affidavits executed under Section 63.006 or

63.011.

SECTION 11. 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) 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);

(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) if the license or identification is

otherwise valid.

SECTION 12. Section 86.001, Election Code, is amended by

adding Subsection (h) to read as follows:

(h) If the applicant's name appears on the list of

registered voters with the notation "S", or a similar notation, or

the residence address on the applicant's early voting ballot

application is not the same as the applicant's residence address on

the list of registered voters, the clerk shall reject the

application.

SECTION 13. Sections 86.002(a), (c), (g), and (h), Election

Code, are amended to read as follows:

(a) The early voting clerk shall provide an official ballot

envelope and carrier envelope with each ballot provided to a voter.

[ If the voter's name appears on the list of registered voters with

the notation "S", or a similar notation, or the residence address on

the voter's early voting ballot application is not the same as the

voter's residence address on the list of registered voters, the

clerk shall provide a form for a statement of residence to the

voter. ]

(c) The clerk shall enter on a carrier envelope the voter's

name in printed form[ , a notation that a statement of residence is

enclosed, if applicable, ] and any other information the clerk

determines necessary for proper processing of the ballot.

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

election identification certificate, ] or personal identification

card issued by the Department of Public Safety;

(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

(3) a statement by the applicant that the applicant

has not been issued a number described by Subdivision (1) or (2).

(h) A person may use the number of a driver's license[ ,

election identification certificate, ] or personal identification

card that has expired for purposes of Subsection (g) if the license

or identification is otherwise valid.

SECTION 14. Sections 86.006(a-1) and (a-2), Election Code,

are amended to read as follows:

(a-1) The voter may deliver a marked ballot in person to the

early voting clerk's office only while the polls are open on

election day. A voter who delivers a marked ballot in person must

present an acceptable form of identification described by Section

63.001(b) [ 63.0101 ].

(a-2) An in-person delivery of a marked ballot voted under

this chapter must be received by an election official at the time of

delivery. The receiving official shall record the voter's name,

signature, and type of identification provided under Section

63.001(b) [ 63.0101 ] on a roster prescribed by the secretary of

state. The receiving official shall attest on the roster that the

delivery complies with this section.

SECTION 15. 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 Section

86.002; or

(4) [ (5) ] containing incomplete information with

respect to a witness.

SECTION 16. Section 87.041(b), Election Code, is amended to

read as follows:

(b) A ballot may be accepted only if:

(1) the carrier envelope certificate is properly

executed;

(2) neither the voter's signature on the ballot

application nor the signature on the carrier envelope certificate

is determined to have been executed by a person other than the

voter, unless signed by a witness;

(3) the voter's ballot application states a legal

ground for early voting by mail;

(4) the voter is registered to vote, if registration

is required by law;

(5) the address to which the ballot was mailed to the

voter, as indicated by the application, was outside the voter's

county of residence, if the ground for early voting is absence from

the county of residence;

(6) [ for a voter to whom a statement of residence form

was required to be sent under Section 86.002(a), the statement of

residence is returned in the carrier envelope and indicates that

the voter satisfies the residence requirements prescribed by

Section 63.0011;

[ (7) ] the address to which the ballot was mailed to the

voter is an address that is otherwise required by Sections 84.002

and 86.003; and

(7) [ (8) ] the information required under Section

86.002(g) provided by the voter identifies the same voter

identified on the voter's application for voter registration under

Section 13.002(c)(8).

SECTION 17. 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 Section

86.002; or

(4) [ (5) ] containing incomplete information with

respect to a witness.

SECTION 18. Section 141.063(e), Election Code, is amended

to read as follows:

(e) The signer's residence address and registration address

are not required to be the same if the signer would otherwise be

able to vote for that office under Section [ 11.004 or ] 112.002.

SECTION 19. Section 272.011(b), Election Code, is amended

to read as follows:

(b) The secretary of state shall prepare the translation for

election materials required to be provided in a language other than

English or Spanish for the following state prescribed voter forms:

(1) voter registration application form required by

Section 13.002;

(2) the confirmation form required by Section 15.051;

(3) the voting instruction poster required by Section

62.011;

(4) [ the reasonable impediment declaration required

by Section 63.001(b);

[ (5) the statement of residence form required by

Section 63.0011;

[ (6) ] the provisional ballot affidavit required by

Section 63.011;

(5) [ (7) ] the application for a ballot by mail

required by Section 84.011;

(6) [ (8) ] the carrier envelope and voting instructions

required by Section 86.013; and

(7) [ (9) ] any other voter forms that the secretary of

state identifies as frequently used and for which state resources

are otherwise available.

SECTION 20. Section 277.002(f), Election Code, is amended

to read as follows:

(f) The signer's residence address and the address listed on

the signer's registration are not required to be the same if the

signer is eligible to vote under Section [ 11.004 or ] 112.002.

SECTION 21. Sections 521.009(a) and (a-1), Transportation

Code, are amended to read as follows:

(a) The department may establish a program for the provision

of renewal and duplicate driver's license[ , election

identification certificate, ] and personal identification

certificate services in counties and municipalities that enter into

an agreement with the department under Subsection (a-1).

(a-1) Under the program, the department may enter into an

agreement with the commissioners court of a county or the governing

body of a municipality to permit county or municipal employees to

provide services at a county or municipal office relating to the

issuance of renewal and duplicate driver's licenses[ , election

identification certificates, ] and personal identification

certificates, including:

(1) taking photographs;

(2) administering vision tests;

(3) updating a driver's license[ , election

identification certificate, ] or personal identification

certificate to change a name, address, or photograph;

(4) distributing and collecting information relating

to donations under Section 521.401;

(5) collecting fees; and

(6) performing other basic ministerial functions and

tasks necessary to issue renewal and duplicate driver's licenses[ ,

election identification certificates, ] and personal identification

certificates.

SECTION 22. The following provisions are repealed:

(1) Sections 11.004, 15.112, 31.013, and 63.0101,

Election Code;

(2) Sections 15.001(c), 16.037(b), 63.001(c-1), (d),

(h), and (i), and 86.002(d), Election Code;

(3) Sections 191.0046(e) and (f), Health and Safety

Code; and

(4) Chapter 521A, Transportation Code.

SECTION 23. This Act takes effect September 1, 2025.