bill capping reasonable impediment declarations at two

The text as introduced · 977 words

89R9428 JDK-D

By: Isaac
H.B. No. 4475

A BILL TO BE ENTITLED

AN ACT

relating to the acceptance of a voter executing a declaration of

reasonable impediment; providing a limitation.

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

SECTION 1. Subchapter B, Chapter 15, Election Code, is

amended by adding Section 15.029 to read as follows:

Sec. 15.029. NOTATION ON LIST OF REGISTERED VOTERS. (a)

The registrar shall enter a notation on the list of registered

voters beside each voter's name to record when a voter has executed

a declaration described by Section 63.001(i).

(b) The registrar shall replace a notation described by

Subsection (a) with a notation to record when a voter has executed a

second declaration described by Section 63.001(i).

(c) The notations described by this section must be approved

by the secretary of state.

SECTION 2. Section 63.001, Election Code, is amended by

amending Subsections (b), (g), and (i) and adding Subsections (j),

(k), and (l) to read as follows:

(b) Except as provided by Subsection (h), on offering to

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

place:

(1) one form of photo identification listed in Section

63.0101(a); or

(2) if the voter has executed a declaration described

by Subsection (i) less than twice, one form of identification

listed in Section 63.0101(b) accompanied by the declaration

described by Subsection (i).

(g) If the requirements for identification prescribed by

Subsection (b) are not met, the voter may be accepted for

provisional voting only under Section 63.011. For a voter who is

not accepted for voting under this section, an election officer

shall:

(1) inform the voter of the voter's right to cast a

provisional ballot under Section 63.011; [ and ]

(2) provide the voter with written information, in a

form prescribed by the secretary of state, that:

(A) lists the requirements for identification;

(B) states the procedure for presenting

identification under Section 65.0541;

(C) includes a map showing the location where

identification must be presented; and

(D) includes notice that if all procedures are

followed and the voter is found to be eligible to vote and is voting

in the correct precinct, the voter's provisional ballot will be

accepted ; and

(3) offer the voter an opportunity to provide an

address for the purposes of Subsection (l) .

(i) If the requirement for identification prescribed by

Subsection (b)(1) is not met, an election officer shall notify the

voter that the voter may be accepted for voting if the voter meets

the requirement for identification prescribed by Subsection (b)(2)

and executes a declaration declaring the voter has a reasonable

impediment to meeting the requirement for identification

prescribed by Subsection (b)(1). A person is subject to

prosecution for perjury under Chapter 37, Penal Code, or Section

63.0013 for a false statement or false information on the

declaration. The secretary of state shall prescribe the form of the

declaration. The form shall include:

(1) a notice that a person is subject to prosecution

for perjury under Chapter 37, Penal Code, or Section 63.0013 for a

false statement or false information on the declaration;

(2) a statement that the voter swears or affirms that

the information contained in the declaration is true, that the

person described in the declaration is the same person appearing at

the polling place to sign the declaration, and that the voter faces

a reasonable impediment to procuring the identification prescribed

by Subsection (b)(1);

(3) a place for the voter to indicate one of the

following impediments:

(A) lack of transportation;

(B) lack of birth certificate or other documents

needed to obtain the identification prescribed by Subsection

(b)(1);

(C) work schedule;

(D) lost or stolen identification;

(E) disability or illness;

(F) family responsibilities; and

(G) the identification prescribed by Subsection

(b)(1) has been applied for but not received;

(4) a place for the voter to sign and date the

declaration;

(5) a place for the election judge to sign and date the

declaration;

(6) a place to note the polling place at which the

declaration is signed; [ and ]

(7) a place for the election judge to note which form

of identification prescribed by Subsection (b)(2) the voter

presented ;

(8) a place for the voter's mailing address; and

(9) a place for the voter's voter identification

number .

(j) Each declaration described by Subsection (i) made by a

voter must be indicated beside the voter's name on the poll list and

recorded in the voter's registration record.

(k) A voter may only execute a declaration described by

Subsection (i) twice.

(l) For a voter who executes a declaration described by

Subsection (i) or who is accepted for provisional voting under

Section 63.011 solely because the voter did not meet the

requirements for identification prescribed by Section 63.001(b),

the county where the voter is registered shall mail the voter

written information, in a manner prescribed by the secretary of

state, that:

(1) lists the acceptable forms of photo identification

under Section 63.0101(a); and

(2) provides a detailed and individualized

explanation on how to obtain an acceptable form of photo

identification under Section 63.0101(a).

SECTION 3. 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 described by

Section 63.0101(a) or, if the voter has executed a declaration

described by Section 63.001(i) less than twice, identification

described by 63.0101(b) accompanied with a declaration described by

Section 63.001(i) [ 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 4. This Act takes effect September 1, 2025.