Proof Of Citizenship Bill Lets Database Matches Skip The Proof

The text as introduced · 4,090 words

By: Isaac
H.B. No. 5337

A BILL TO BE ENTITLED

AN ACT

relating to requiring a person to submit proof of citizenship to

register to vote; creating criminal offenses.

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 Subsections (a-1) and (a-2) 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) for citizens born abroad, a certificate of report

of birth or consular report of birth abroad issued by the United

States Department of State.

(a-2) An applicant registering to vote under Subchapter C,

Chapter 20, may satisfy the requirements of Subsection (a-1) by

providing the proof of citizenship required under Subsection (a-1)

to the Department of Public Safety.

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

amended by adding Section 13.0391 to read as follows:

Sec. 13.0391. PROOF OF CITIZENSHIP REQUIREMENTS. (a) On

receipt of a registration application, a volunteer deputy registrar

shall provide the applicant with a written notice that includes a

statement that:

(1) if the applicant's citizenship status cannot be

verified using the applicant's identification number provided

under Section 13.002(c)(8), the applicant must provide proof of

citizenship to the registrar under Section 13.002(a-1); and

(2) if the applicant does not provide the required

proof of citizenship, the applicant will be qualified to vote only a

limited federal ballot under Chapter 115.

(b) The notice described by Subsection (a) may be included

in the receipt provided to the voter under Section 13.040.

(c) A volunteer deputy registrar may not receive a voter's

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

(d) The voter registrar shall provide training to the

volunteer deputy registrar regarding the requirements of this

section using training materials prescribed by the secretary of

state.

SECTION 3. Section 13.072, Election Code, is amended by

amending Subsections (a) and (c) and adding Subsections (f) and (g)

to read as follows:

(a) Except as provided by Section 13.0721, and unless

[ Unless ] the registrar challenges the applicant, the registrar

shall approve the application if:

(1) the registrar determines that an application

complies with Section 13.002 and indicates that the applicant is

eligible for registration; [ and ]

(2) for an applicant who has not included a statement

described by Section 13.002(c)(8)(C), the registrar verifies with

the secretary of state:

(A) the applicant's Texas driver's license number

or number of a personal identification card issued by the

Department of Public Safety; or

(B) the last four digits of the applicant's

social security number ; and

(3) for an applicant who has not submitted proof of

citizenship required under Section 13.002(a-1), the registrar

verifies that the person is a United States citizen through the

verification process described by Section 13.0721 .

(c) Except as provided by Subsection (d) and Section

13.0721 , if the registrar determines that an application does not

comply with Section 13.002 or does not indicate that the applicant

is eligible for registration, the registrar shall reject the

application.

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

fails to reject an application as required under Subsection (c).

(g) An offense under this section is a state jail felony.

SECTION 4. Subchapter C, Chapter 13, Election Code, is

amended by adding Sections 13.0721, 13.0722, and 13.0723 to read as

follows:

Sec. 13.0721. VERIFICATION OF CITIZENSHIP BY REGISTRAR.

(a) Not later than the 10th day after the date an application for

registration is submitted to the registrar without a proof of

citizenship document required under Section 13.002(a-1), the

registrar shall use all available resources to verify the

citizenship status of the applicant and at a minimum shall compare

the information available on the application with information

relevant to citizenship provided to the registrar by the secretary

of state from the following databases, provided the secretary of

state has access:

(1) the Department of Public Safety's electronic

databases;

(2) the Social Security Administration databases;

(3) the United States Citizenship and Immigration

Services Systematic Alien Verification for Entitlements Program,

if practicable;

(4) a national association for public health

statistics and information systems electronic verification of

vital events system; and

(5) any other federal, state, or other political

subdivision database and any other database relating to voter

registration to which the registrar has access.

(b) The secretary of state is authorized to contract with an

entity that governs a database described by Subsections (a)(1)-(5)

for purposes of verifying an applicant's citizenship and shall

provide the information in the contracted databases to a registrar

for the purpose of verifying citizenship.

(c) Notwithstanding the requirement to submit documentation

under Section 13.002(a-1), the registrar shall approve the

application if the registrar matches the applicant with information

that verifies the applicant is a United States citizen and is

otherwise eligible for registration under this chapter.

(d) If the registrar matches the applicant with information

that the applicant is not a United States citizen, the registrar

shall:

(1) reject the application;

(2) notify the applicant that the application was

rejected because the applicant is not a United States citizen; and

(3) forward the application to the county attorney and

attorney general for investigation under Subchapter G.

(e) If the registrar is unable to match the applicant with

appropriate citizenship information, the registrar shall:

(1) approve the application only for voting a limited

federal ballot under Chapter 115;

(2) notify the applicant:

(A) that the registrar could not verify that the

applicant is a United States citizen;

(B) that the applicant will be qualified to vote

only a limited federal ballot under Chapter 115 unless the

applicant provides a proof of citizenship document required under

Section 13.002(a-1); and

(C) of the procedures for submitting proof of

citizenship to the registrar in order to qualify for a full ballot.

(f) The registrar shall record the efforts made to verify an

applicant's citizenship status as required by this section.

(g) A person commits an offense if the person knowingly or

intentionally:

(1) registers an applicant to vote without the

verification required under Subsection (a); and

(2) causes an applicant who is not a United States

citizen to be registered.

(h) An offense under this section is a state jail felony.

Sec. 13.0722. LIMITATION ON VOTER QUALIFICATION. (a) An

individual who fails to submit proof of citizenship under Section

13.002(a-1) to the registrar and who is unable to be verified as a

United States citizen under Section 13.0721 is only qualified to

vote a limited federal ballot under Chapter 115.

(b) An individual who is qualified to vote only a limited

federal ballot under Chapter 115 may remove the limitation imposed

by this section by submitting proof of citizenship to the registrar

as required by Section 13.002(a-1) or by being verified by the

registrar as a United States citizen under Section 13.0721.

(c) 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 limited federal ballot under Chapter 115.

Sec. 13.0723. VERIFICATION OF CITIZENSHIP FOR EXISTING

REGISTRANTS. (a) Not later than December 1, 2025, the secretary of

state shall provide information to each registrar under Section

13.0721(a) for each registered voter who registered to vote before

September 1, 2025, and who has not provided proof of citizenship

under Section 13.002.

(b) If the registrar matches the registered voter with

information that verifies the voter is a United States citizen and

is otherwise eligible for registration under this chapter, the

registrar shall record the efforts made to verify the individual's

citizenship status and indicate that the individual was verified as

a United States citizen.

(c) If the registrar matches the registered voter with

information that the voter is not a United States citizen, the

registrar shall record the efforts made to verify the voter's

citizenship status and investigate the eligibility of the voter

under Section 16.0332.

(d) If the registrar is unable to match the registered voter

with appropriate citizenship information, the registrar shall

record the efforts made to verify the voter's citizenship status

and indicate that the registrar was unable to verify the voter's

citizenship status and that the voter is qualified to vote only a

limited federal ballot under Chapter 115. The registrar will

notify the voter:

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

citizenship status;

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

limited 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 5. 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 6. 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 information under Section 13.002(c)(8) or

Subdivision (15) of this subsection that allows the registrar to

verify the applicant's citizenship or 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) for citizens born abroad, a certificate of

report of birth or consular report of birth abroad issued by the

United States Department of State;

(15) a space for the applicant's alien registration

number, certificate of naturalization number, or certificate of

citizenship number, if applicable to the applicant; and

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

required by federal law or considered appropriate and required by

the secretary of state.

SECTION 7. Chapter 13, Election Code, is amended by adding

Subchapter G to read as follows:

SUBCHAPTER G. VERIFICATION OF CITIZENSHIP STATUS BY ATTORNEY

GENERAL; INVESTIGATION; OFFENSE

Sec. 13.151. VERIFICATION OF CITIZENSHIP STATUS. (a) The

secretary of state and each county registrar shall:

(1) make available to the attorney general a list of

all persons who are registered to vote and who have not provided

proof of citizenship as required by Section 13.002(a-1) or had the

person's citizenship verified under Section 13.0721; and

(2) provide to the attorney general the voter

registration applications of persons described by Subdivision (1).

(b) Not later than the 30th day after the date a county

registrar receives a voter registration application for a person

who has not provided proof of citizenship as required by Section

13.002(a-1), the secretary of state and the county voter registrar

shall provide to the attorney general the voter registration

application.

(c) After receiving a voter registration application under

Subsection (a) or (b), the attorney general shall use all available

resources to verify the citizenship status of the applicant and at a

minimum compare the information available on the voter registration

application with the databases described by Section 13.0721(a).

(d) The secretary of state shall provide to the attorney

general access and any assistance necessary to satisfy the

requirements of this section.

Sec. 13.152. REPORT. (a) Not later than March 31, 2026,

the attorney general shall prepare and submit to the secretary of

state, the lieutenant governor, and the speaker of the house of

representatives a report detailing all findings relating to the

citizenship status of persons who are registered to vote and who

have not provided a proof of citizenship document required under

Section 13.002(a-1).

(b) This section expires April 1, 2026.

Sec. 13.153. ILLEGAL REGISTRATION. (a) A person commits an

offense if the person:

(1) knowingly or intentionally applies to register as

a voter in this state; and

(2) is not a United States citizen.

(b) An offense under this section is a state jail felony.

Sec. 13.154. PROSECUTION BY ATTORNEY GENERAL. If a

district attorney, criminal district attorney, or county attorney

fails to prosecute conduct constituting an offense under Section

13.153 within 180 days after discovering a person engaged in the

conduct, the attorney general shall prosecute the offense.

SECTION 8. 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) or has been verified as a United

States citizen under Section 13.0721(b) is not required to provide

proof of citizenship when submitting an update, change, or

correction to the voter's registration information.

SECTION 9. Subchapter B, Chapter 15, Election Code, is

amended by adding Section 15.0211 to read as follows:

Sec. 15.0211. NOTATION FOR DETERMINATION OF BALLOT. (a)

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

approved by the secretary of state, on the list of registered voters

beside the name of each voter whose United States citizenship has

not been verified.

(b) The registrar shall delete the notation from the list if

the voter provides proof of citizenship in accordance with Section

13.002(a-1) or is verified as a United States citizen under Section

13.0721.

SECTION 10. Chapter 63, Election Code, is amended by adding

Section 63.007 to read as follows:

Sec. 63.007. LIMITED 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 limited federal

ballot under Chapter 115.

SECTION 11. 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 12. Subtitle C, Title 7, Election Code, is amended

by adding Chapter 115 to read as follows:

CHAPTER 115. VOTING LIMITED FEDERAL BALLOT

Sec. 115.001. ELIGIBILITY. A person is eligible to vote a

limited 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;

(2) the person has not provided proof of citizenship

as required by Section 13.002(a-1); and

(3) the county registrar is unable to match the person

with appropriate citizenship information under Section 13.0721.

Sec. 115.002. PROCEDURE FOR VOTING BY PERSONAL APPEARANCE.

(a) A voter who votes a limited federal ballot shall place the

marked ballot in a sealed envelope designed for limited federal

ballots. The presiding judge shall place the sealed envelope in a

locked, sealed container that is designated specifically for

limited federal ballots.

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

the secretary of state to a voter who votes a limited federal ballot

under Subsection (a). 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 limited federal ballot under this chapter;

(2) 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 limited federal ballot to be counted as a full

ballot; and

(3) 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 United States senator or United

States representative on the voter's ballot will be counted.

(c) The early voting clerk shall deliver the container

containing the limited federal ballots cast during the period for

early voting by personal appearance and its key to the voter

registrar at the end of the period for early voting by personal

appearance.

(d) The presiding judge shall deliver the container

containing the limited federal ballots cast on election day and its

key to the voter registrar on election night.

Sec. 115.003. VOTER REGISTRAR REVIEW OF LIMITED FEDERAL

BALLOTS. (a) If a voter presents proof of citizenship to the voter

registrar before the sixth day after the date of the election, then

the voter registrar shall indicate on the sealed envelope that the

voter has provided proof of citizenship under Section 13.002(a-1)

and is entitled to a full ballot. The voter registrar shall

indicate on the voter's registration record that the voter has

provided proof of citizenship.

(b) If a voter fails to present proof of citizenship to the

voter registrar by the deadline prescribed by Subsection (a), then

the voter registrar shall indicate on the sealed envelope that the

voter has not provided proof of citizenship and is entitled to vote

for the offices of United States senator or United States

representative only.

(c) If a voter notifies the voter registrar that the voter

is not a United States citizen, then the voter registrar will notate

on the sealed envelope that the limited federal ballot is canceled.

The registrar will retain the sealed envelope for the duration of

the preservation period for precinct election records and shall

cancel the voter's voter registration.

(d) The voter registrar will deliver the container

containing the limited federal ballots that have been reviewed by

the registrar to the presiding judge of the early voting ballot

board.

(e) The registrar shall deliver the container containing

the limited federal ballots to the presiding judge of the early

voting ballot board on a rolling basis. The first delivery of

limited federal ballots to the early voting ballot board must be

made not later than election day. The last delivery of limited

federal ballots to the early voting ballot board must be made not

later than the last day for the early voting ballot board to meet

after election day under Section 87.125.

Sec. 115.004. EARLY VOTING BALLOT BOARD REVIEW OF LIMITED

FEDERAL BALLOTS. (a) The early voting ballot board shall separate

the sealed envelopes for voters who have qualified for full ballots

under Section 115.003(a) from the sealed envelopes for voters who

are qualified to vote only for the offices of United States senator

or United States representative under Section 115.003(b).

(b) The early voting ballot board will remove the ballots

from the sealed envelopes and place the ballots that are qualified

as full ballots in separate containers from the ballots that are

restricted to only the offices of United States senator or United

States representative.

(c) The early voting ballot board will count each race on

the ballots that are qualified as full ballots.

(d) The early voting ballot board will only count the races

of United States senator and United States representative on the

ballots that are restricted to those offices. The early voting

ballot board will strike through the remaining races on the ballot

to indicate that those races cannot be counted.

(e) The early voting ballot board will count the ballots as

follows:

(1) for ballots to be counted manually, in the manner

provided by Subchapter D, Chapter 87; and

(2) for ballots to be counted by automatic tabulating

equipment, in the manner provided by Subchapter F, Chapter 87.

(f) The early voting ballot board will deliver the returns

of limited federal ballots, the limited federal ballots, and other

records to the general custodian of election records for

preservation. The records shall be preserved for the duration of

the period for preserving precinct election records.

Sec. 115.005. NOTICE OF OUTCOME TO VOTER. (a) Not later

than the 10th day after the local canvass, the presiding judge of

the early voting ballot board shall deliver written notice to a

voter who submits a ballot under this chapter regarding whether:

(1) the ballot was counted as a full ballot;

(2) the ballot was counted as a ballot restricted to

the offices of United States senator and United States

representative; or

(3) the ballot could not be counted.

(b) A notice under Subsection (a)(1) must include a

statement that all races on the voter's ballot were counted because

the voter provided proof of citizenship as required by this

chapter.

(c) A notice under Subsection (a)(2) must include:

(1) a statement that only the voter's selections for

offices of United States senator and United States representative

on the voter's ballot were counted because the voter did not provide

proof of citizenship as required by this chapter; and

(2) instructions to the voter for providing proof of

citizenship to the registrar required by Section 13.002(a-1) in

order to receive a full ballot for future elections.

(d) A notice under Subsection (a)(3) must include:

(1) a statement that the voter's ballot was not able to

be counted because the voter provided information to the registrar

that the voter is not a United States citizen; and

(2) a statement that the voter's registration has been

canceled.

SECTION 13. 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 14. (a) Not later than January 1, 2026, the

secretary of state shall request that the federal Election

Assistance Commission alter the mail voter registration

application form requirements described in the National Voter

Registration Act of 1993 (52 U.S.C. Section 20501 et seq.) to

include a requirement that applicants submit documented proof of

citizenship as a condition to registration in Texas.

(b) If the federal Election Assistance Commission fails to

comply with the secretary of state's request under Subsection (a)

of this section before the 180th day following the date of that

request, the attorney general shall seek enforcement in a court of

law.

SECTION 15. This Act takes effect September 1, 2025.