Tinderholt’s bill closing Texas party primaries

The text as introduced · 2,563 words

89R5028 MPF-F

By: Tinderholt
H.B. No. 3432

A BILL TO BE ENTITLED

AN ACT

relating to requiring a voter to be affiliated with a political

party to vote in that party's primary election; creating a criminal

offense.

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 ; and

(11) the applicant's political party affiliation, if

any .

SECTION 2. 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;

(7) a statement indicating that the furnishing of the

applicant's telephone number and sex is optional;

(8) a space or box for indicating whether the

applicant or voter is submitting new registration information or a

change in current registration information;

(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;

(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;

(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;

(12) a space or box for indicating whether the

applicant is interested in working as an election judge;

(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 ]

(14) a space for the applicant's political party

affiliation; and

(15) any other voter registration information

required by federal law or considered appropriate and required by

the secretary of state.

SECTION 3. Section 15.001(a), Election Code, is amended to

read as follows:

(a) Each voter registration certificate issued must

contain:

(1) the voter's name in the form indicated by the

voter, subject to applicable requirements prescribed by Section

13.002 and by rule of the secretary of state;

(2) the voter's residence address or, if the residence

has no address, the address at which the voter receives mail and a

concise description of the location of the voter's residence;

(3) the year of the voter's birth;

(4) the number of the county election precinct in

which the voter resides;

(5) the voter's effective date of registration if an

initial certificate;

(6) the voter's registration number;

(7) an indication of the period for which the

certificate is issued;

(8) a statement explaining the circumstances under

which the voter will receive a new certificate;

(9) a space for indicating [ stamping ] the voter's

political party affiliation;

(10) a statement that voting with the certificate by a

person other than the person in whose name the certificate is issued

is a felony;

(11) a space for the voter's signature;

(12) a statement that the voter must sign the

certificate personally, if able to sign, immediately on receipt;

(13) a space for the voter to correct the information

on the certificate followed by a signature line;

(14) the statement: "If any information on this

certificate changes or is incorrect, correct the information in the

space provided, sign below, and return this certificate to the

voter registrar.";

(15) the registrar's mailing address and telephone

number; and

(16) the jurisdictional or distinguishing number for

the following territorial units in which the voter resides, as

determined by the voter registrar:

(A) congressional district;

(B) state senatorial district;

(C) state representative district;

(D) commissioners precinct;

(E) justice precinct;

(F) city election precinct; and

(G) school district election precinct.

SECTION 4. Section 63.011(a), Election Code, is amended to

read as follows:

(a) A person to whom Section 63.001(g) , [ or ] 63.009 , or

172.1115(c) 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.

SECTION 5. Section 112.002, Election Code, is amended by

adding Subsection (g) to read as follows:

(g) If the voter seeks a limited ballot for a party primary

election, the voter must indicate the political party the voter was

affiliated with at the address where the voter was previously

registered on the statement executed under Subsection (c). If the

early voting clerk can establish the voter's affiliation from the

previous registration, the voter is entitled to vote a limited

ballot in that party's primary.

SECTION 6. Section 162.001(a), Election Code, is amended to

read as follows:

(a) A person must be affiliated with a political party to be

eligible:

(1) to serve as a delegate to or otherwise participate

in a convention held by the party under this code;

(2) to be elected as a member of or be appointed to

fill a vacancy on a state executive committee;

(3) to be appointed to fill a vacancy on a county

executive committee;

(4) to vote in the party's primary election; or

(5) [ (4) ] for any other purpose within the party as

adopted by state party rules.

SECTION 7. Section 162.003, Election Code, is amended to

read as follows:

Sec. 162.003. AFFILIATION PROCEDURE [ BY VOTING IN PRIMARY ].

(a) A person becomes affiliated with a political party by notifying

the registrar of the person's affiliation [ when the person:

[ (1) is accepted to vote in the party's primary

election; or

[ (2) returns an early voting or limited primary ballot

voted by mail ].

(b) At the time a person registers to vote the person may:

(1) affiliate with a political party that holds a

primary election or a political party that makes its nominations by

convention regardless of whether the party has a state

organization; or

(2) indicate no affiliation with any political party.

(c) A registered voter who does not indicate an affiliation

with a political party of this state shall be listed as

"independent" on the voter's registration certificate and on the

list of registered voters.

(d) A registered voter may change the voter's affiliation

status by notifying the registrar as provided by Section 15.021.

(e) A person may also indicate a party affiliation at the

time the person submits a federal postcard application under

Chapter 101.

(f) The secretary of state shall prescribe any additional

procedures necessary to implement this section.

SECTION 8. Section 162.010(a), Election Code, is amended to

read as follows:

(a) A [ Except as provided by Subsection (b), a ] party

affiliation expires on cancellation of a voter's registration or at

the time a change in affiliation takes effect under Section 15.025

[ at the end of the voting year in which the person became

affiliated ].

SECTION 9. Section 162.013, Election Code, is amended to

read as follows:

Sec. 162.013. VOID VOTE. A vote in a primary election is

void if the voter is not affiliated with the political party holding

the primary [ previously voted in a primary election of another

party or participated in a convention of another party during the

same voting year ].

SECTION 10. Sections 162.014(a), (c), and (d), Election

Code, are amended to read as follows:

(a) A person commits an offense if the person knowingly

votes or attempts to vote in a primary election or participates or

attempts to participate in a convention of a party without being

affiliated with that party [ after having voted in a primary

election or participated in a convention of another party during

the same voting year ].

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

degree if the conduct constituting an offense under Subsection (a)

consists of knowingly voting in a primary election of a party

without being affiliated with that party [ after having voted in a

primary election of another party during the same voting year ].

(d) An offense under this section is a state jail felony if

the conduct constituting an offense under Subsection (a) consists

of knowingly attempting to vote in a primary election of a party

without being affiliated with that party [ after having voted in a

primary election of another party during the same voting year ].

SECTION 11. Section 162.017(e), Election Code, is amended

to read as follows:

(e) The preregistration process must [ include the statement

described by Section 162.004(a) and ] require a preregistering

attendee who is not affiliated with the party to affiliate with the

party in accordance with Section 162.003 [ by taking the oath

described in Section 162.007(b) ].

SECTION 12. Section 171.0231(b), Election Code, is amended

to read as follows:

(b) If the county executive committee authorizes write-in

candidates:

(1) a write-in vote for the office of county chair or

precinct chair may not be counted unless :

(A) the name written in appears on the list of

write-in candidates; and

(B) the write-in candidate receiving the vote is

affiliated with the political party holding the primary;

(2) to be entitled to a place on the list of write-in

candidates, a candidate must make a declaration of write-in

candidacy;

(3) a declaration of write-in candidacy must be filed

with the authority with whom an application for a place on the

ballot is required to be filed for the office;

(4) a declaration of write-in candidacy must be filed

not later than 6 p.m. of the fifth day after the date of the filing

deadline for the general primary election;

(5) with the appropriate modifications and to the

extent practicable, Subchapter B, Chapter 146, applies to write-in

voting for the office of county chair or precinct chair; and

(6) the secretary of state shall prescribe any

procedures necessary to implement this subsection.

SECTION 13. Effective September 1, 2026, Subchapter E,

Chapter 172, Election Code, is amended by adding Section 172.1115

to read as follows:

Sec. 172.1115. AFFILIATION WITH PARTY REQUIRED. (a) The

signature roster for a primary election must state at the top of

each page "A person commits a criminal offense if the person

knowingly votes in a primary election or participates in a

convention of a party without being affiliated with that party."

(b) Except as provided by Subsection (c), a person may not

be accepted for voting in a primary election of a political party

unless:

(1) the list of registered voters indicates that the

person is affiliated with that political party; or

(2) the voter's registration certificate indicates

that the voter is affiliated with that political party.

(c) A person who seeks to vote in a primary election but

cannot establish the person's party affiliation under Subsection

(b) may be accepted only for provisional voting under Section

63.011.

SECTION 14. Section 172.126(g), Election Code, is amended

to read as follows:

(g) A separate set of ballot boxes or other suitable

containers approved by the secretary of state shall be used for each

party's primary, except that one set of ballot boxes or other

containers may be used in a joint primary using an electronic voting

system in which the ballots are deposited by the voters directly

into a unit of automatic tabulating equipment. [ The lists of

registered voters and the voters' registration certificates shall

be marked and stamped to show the appropriate party affiliation for

each voter. ] A separate list of registered voters shall be used for

each party's primary. The secretary of state by rule shall

prescribe requirements to ensure that one party's ballot is readily

distinguished from another's, which may include the use of

different colors of ink.

SECTION 15. The following provisions of the Election Code

are repealed:

(1) Sections 162.004, 162.005, 162.006, 162.007,

162.008, and 162.009;

(2) Section 162.010(b);

(3) Section 172.1141; and

(4) Section 172.115(c).

SECTION 16. (a) Not later than October 1, 2025, the voter

registrar of each county shall mail to each registered voter in the

county notice of the affiliation requirement necessary to vote in a

party primary election. The notice must:

(1) inform the voter that to vote in a party primary

election the voter must be affiliated with that party;

(2) inform the voter of the process of affiliation

with the voter registrar and state that if a voter does not provide

an affiliation, the voter's next registration certificate will

indicate that the voter is "independent" and unable to vote in a

party's primary;

(3) include a postage paid postcard that may be

returned to the voter registrar to indicate the voter's

affiliation; and

(4) be in the form prescribed by the secretary of

state.

(b) If a registered voter does not indicate a party

affiliation before December 31, 2025, the voter registrar shall

list the voter's initial affiliation status as "independent."

(c) The change in law made by Section 15.001(a), Election

Code, as amended by this Act, requiring that each voter

registration certificate must indicate the political affiliation

of the voter applies only to a certificate effective for voting on

or after January 1, 2026.

SECTION 17. Except as otherwise provided by this Act, this

Act takes effect September 1, 2025.