Already Registered? No Citizenship Proof Means A Federal-Only Ballot

The text as introduced · 1,521 words

89R8245 PRL-F

By: Leo Wilson
H.B. No. 4068

A BILL TO BE ENTITLED

AN ACT

relating to requiring a person to submit proof of citizenship to

register to vote.

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) A person desiring to register to vote shall submit to

the registrar a copy of one of the following documents:

(1) a United States passport or passport card issued

to the person;

(2) a certified copy of a birth certificate issued by a

United States state or territory, or the District of Columbia;

(3) United States citizenship papers issued to the

person;

(4) identification issued by the agency of the United

States responsible for citizenship and immigration; or

(5) the applicant's Texas driver's license or personal

identification card that is compliant with the federal REAL ID

program, not including a driver's license subject to Section

521.271(a-2), (a-3), or (a-4) or Section 521.2711(c),

Transportation Code.

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

amended by adding Sections 13.0721 and 13.0722 to read as follows:

Sec. 13.0721. LIMITATION ON VOTER QUALIFICATION. (a) An

individual who fails to submit proof of citizenship under Section

13.002(a-1) to the registrar is only qualified to vote a federal

ballot under Chapter 115.

(b) The registrar shall enter the notation "F", or a similar

notation approved by the secretary of state, on the list of

registered voters beside each voter's name who is only qualified to

vote a federal ballot under Chapter 115. The registrar shall delete

the notation from the list if the voter provides proof of

citizenship in accordance with Section 13.002(a-1).

Sec. 13.0722. NOTICE OF PROOF OF CITIZENSHIP REQUIRED FOR

EXISTING REGISTRANTS. Not later than December 1, 2025, the

secretary of state shall provide notice to each registered voter

who registered to vote before September 1, 2025, and who has not

provided proof of citizenship under Section 13.002(a-1). The

notice shall include a statement:

(1) that the registrar was unable to verify the voter's

citizenship status;

(2) that the voter will be qualified to vote only a

federal ballot under Chapter 115 unless the voter provides a proof

of citizenship document required under Section 13.002(a-1); and

(3) of the procedures for submitting proof of

citizenship to the registrar in order to be qualified to vote a full

ballot.

SECTION 3. Section 13.121(a), Election Code, is amended to

read as follows:

(a) The officially prescribed application form for

registration by mail must be in the form of [ a ] business reply mail

[ postcard ], unless another form or system is used under Subsection

(b), with postage paid by the state. The secretary of state shall

design the form to enhance the legibility of its contents.

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;

(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;

(14) a statement that the applicant shall submit to

the registrar a copy of one of the following documents:

(A) a United States passport or passport card

issued to the person;

(B) a certified copy of a birth certificate

issued by a United States state or territory, or the District of

Columbia;

(C) United States citizenship papers issued to

the person;

(D) identification issued by the agency of the

United States responsible for citizenship and immigration; or

(E) the applicant's Texas driver's license or

personal identification card that is compliant with the federal

REAL ID program, not including a driver's license subject to

Section 1521.271(a-2), (a-3), or (a-4) or Section 521.2711(c),

Transportation Code; and

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

required by federal law or considered appropriate and required by

the secretary of state.

SECTION 5. Section 15.021, Election Code, is amended by

adding Subsection (f) to read as follows:

(f) A voter who has previously provided proof of citizenship

as required by Section 13.002(a-1) is not required to provide proof

of citizenship when submitting an update, change, or correction to

the voter's registration information.

SECTION 6. Chapter 63, Election Code, is amended by adding

Section 63.007 to read as follows:

Sec. 63.007. FEDERAL BALLOT VOTER. A voter whose name is on

the precinct list of registered voters with an "F" beside the

voter's name shall only be accepted for voting a federal ballot

under Chapter 115.

SECTION 7. Section 111.001, Election Code, is amended to

read as follows:

Sec. 111.001. RESTRICTED BALLOT. In this subtitle,

"restricted ballot" means a ballot that is restricted to the

offices and propositions stating measures on which a person is

entitled to vote under Chapter 112, 113, [ or ] 114 , or 115 .

SECTION 8. Subtitle C, Title 7, Election Code, is amended by

adding Chapter 115 to read as follows:

CHAPTER 115. VOTING FEDERAL BALLOT

Sec. 115.001. FEDERAL BALLOT. In this chapter, "federal

ballot" means a ballot voted under this chapter that is restricted

to the offices of president and vice-president of the United

States, United States senator, and United States representative

only.

Sec. 115.002. ELIGIBILITY. A person is eligible to vote a

federal ballot by personal appearance during the early voting

period or on election day if:

(1) the person has registered to vote under Chapter

13; and

(2) the person has not provided proof of citizenship

as required by Section 13.002(a-1).

Sec. 115.003. PROCEDURE FOR VOTING BY PERSONAL APPEARANCE.

(a) The presiding judge shall provide a notice prescribed by the

secretary of state to a voter who votes a federal ballot under this

chapter. The notice must inform the voter that:

(1) because the voter registrar was unable to verify

the voter's citizenship status, the voter is qualified to vote only

a federal ballot under this chapter;

(2) the voter may cast a provisional ballot containing

all races the voter would otherwise be entitled to vote for if the

voter had provided proof of citizenship;

(3) the voter must provide proof of citizenship to the

voter registrar not later than the sixth day after election day in

order for a voter's provisional ballot to be counted as a full

ballot; and

(4) if the voter does not provide proof of citizenship

to the voter registrar by the sixth day after election day, then

only the races for the offices of president and vice-president of

the United States, United States senator, and United States

representative on the voter's ballot will be counted.

(b) A provisional ballot voted under this chapter shall be

reviewed by the early voting ballot board in the same manner as a

provisional ballot under Subchapter B, Chapter 65. The secretary

of state may adopt rules and procedures for the purposes of this

section.

SECTION 9. As soon as practicable after the effective date

of this Act, the secretary of state shall adopt rules necessary to

implement the changes in law made by this Act.

SECTION 10. This Act takes effect September 1, 2025.