Lowe Bill Cancels Every Voter Registration And Bars Any Challenge

The text as introduced · 1,003 words

89R18063 MLH-D

By: Lowe
H.B. No. 5101

A BILL TO BE ENTITLED

AN ACT

relating to the cancellation of all voter registrations following

each presidential election; making conforming changes to voter

registration and maintenance procedures; imposing a civil penalty.

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

SECTION 1. Section 13.142(c), Election Code, is amended to

read as follows:

(c) An initial certificate takes effect on the effective

date of the registration and expires on the November 30 immediately

following the next presidential election [ January 1 of an

even-numbered year ].

SECTION 2. Section 15.002(a), Election Code, is amended to

read as follows:

(a) A voter registration certificate may contain an

explanation of the voter's rights or duties under this code,

including:

(1) [ the procedure by which the voter will receive a

renewal certificate;

[ (2) ] the necessity of notifying the registrar if the

voter changes residence;

(2) [ (3) ] the necessity of applying for a new

registration if the voter changes residence to another county;

(3) [ (4) ] the period during which the voter may vote a

limited ballot after changing residence to another county;

(4) [ (5) ] the procedure for voting without a

certificate; and

(5) [ (6) ] the procedure for obtaining a replacement

for a lost or destroyed certificate.

SECTION 3. Section 15.005(a), Election Code, is amended to

read as follows:

(a) The voter registrar of each county shall provide notice

of the identification requirements for voting prescribed by Chapter

63 and a detailed description of those requirements with each voter

registration certificate issued under Section 13.142 [ or renewal

registration certificate issued under Section 14.001 ].

SECTION 4. 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 first

[ second ] general election for state and county officers that occurs

after the date the confirmation notice is mailed; and

(3) a statement that the voter must include all of the

required information on the official confirmation notice response

form.

SECTION 5. Section 15.081(a), Election Code, is amended to

read as follows:

(a) The registrar shall maintain a suspense list containing

the name of each voter who :

(1) [ who ] fails to submit a response to the registrar

in accordance with Section 15.053;

[ (2) whose renewal certificate is returned to the

registrar in accordance with Subchapter B, Chapter 14; ] or

(2) [ (3) who ] appears on the list of nonresidents of

the county provided to the registrar under Section 62.114,

Government Code.

SECTION 6. Section 16.032, Election Code, is amended to

read as follows:

Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST

PERIOD. If on November 30 following the first [ second ] general

election for state and county officers that occurs after the date

the voter's name is entered on the suspense list a registered

voter's name appears on the suspense list, the registrar shall

cancel the voter's registration unless the name is to be deleted

from the list under Section 15.022 or 15.023.

SECTION 7. Section 16.039, Election Code, is amended to

read as follows:

Sec. 16.039. FAILURE BY REGISTRAR TO TIMELY PERFORM DUTY ;

CIVIL PENALTY . (a) If a registrar fails to timely perform a duty

imposed on the registrar under this subchapter requiring the

approval, change, or cancellation of a voter's registration :

(1) the registrar is liable to this state for a civil

penalty in an amount not to exceed $5,000 for each failure; and

(2) [ , ] the secretary of state shall [ may ] withhold

funds administered and distributed by the secretary under Chapter

19 or Section 31.009 from the registrar.

(b) Notwithstanding Subsection (a)(2) [ (a) ], the secretary

of state shall distribute funds under Chapter 19 or Section 31.009

if the registrar performs the registrar's duty not later than 30

days after the funds are withheld.

(c) The attorney general may bring an action to collect a

penalty under this section.

SECTION 8. Subchapter B, Chapter 16, Election Code, is

amended by adding Section 16.040 to read as follows:

Sec. 16.040. CANCELLATION FOLLOWING PRESIDENTIAL ELECTION.

(a) Notwithstanding any other provision of this code, on November

30 immediately following a presidential election, the registrar

shall cancel all voter registrations.

(b) A cancellation under this section may not be challenged

or reinstated under this chapter.

(c) Following cancellation under this section, a person

desiring to register to vote must submit an application for

registration under Chapter 13.

SECTION 9. Section 16.061, Election Code, is amended to

read as follows:

Sec. 16.061. RIGHT TO CHALLENGE CANCELLATION. A person

whose voter registration is canceled may challenge the cancellation

at a hearing before the registrar . This section does not apply to a

person whose voter registration is canceled under Section 16.040 .

SECTION 10. Chapter 14, Election Code, is repealed.

SECTION 11. Section 13.142(c), Election Code, as amended by

this Act, applies only to a voter registration certificate for

which an application is received by the voter registrar on or after

September 1, 2025.

SECTION 12. This Act takes effect September 1, 2025.