movers vote provisional in their new county

The text as introduced · 1,971 words

89R1513 MLH-F

By: Bucy
H.B. No. 614

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for voting after changing residence to

another county.

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

SECTION 1. Subchapter A, Chapter 12, Election Code, is

amended by adding Section 12.007 to read as follows:

Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER

REGISTRARS. An election officer serving a polling place is a deputy

voter registrar and has the same authority as a regular deputy

registrar.

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;

(3) the necessity of applying for a new registration

if the voter changes residence to another county;

(4) the procedure for voting [ period during which the

voter may vote a limited ballot ] after changing residence to

another county;

(5) the procedure for voting without a certificate;

and

(6) the procedure for obtaining a replacement for a

lost or destroyed certificate.

SECTION 3. Section 16.031(a), Election Code, is amended to

read as follows:

(a) The registrar shall cancel a voter's registration

immediately on receipt of:

(1) notice under Section 13.072(b), 15.021, or

18.0681(d) or a response under Section 15.053 that the voter's

residence is outside the county;

(2) an abstract of the voter's death certificate under

Section 16.001(a) or an abstract of an application indicating that

the voter is deceased under Section 16.001(b);

(3) an abstract of a final judgment of the voter's

total mental incapacity, partial mental incapacity without the

right to vote, conviction of a felony, or disqualification under

Section 16.002, 16.003, or 16.004;

(4) notice under Section 63.007 [ 112.012 ] that the

voter has voted [ applied for ] a provisional [ limited ] ballot in

another county;

(5) notice from a voter registration official in

another state that the voter has registered to vote outside this

state;

(6) notice from the early voting clerk under Section

101.053 that a federal postcard application submitted by an

applicant states a voting residence address located outside the

registrar's county; or

(7) notice from the secretary of state that the voter

has registered to vote in another county, as determined by the

voter's driver's license number or personal identification card

number issued by the Department of Public Safety or social security

number.

SECTION 4. Chapter 63, Election Code, is amended by adding

Section 63.007 to read as follows:

Sec. 63.007. PROVISIONAL VOTING FOR VOTER WHO CHANGED

COUNTY OF RESIDENCE. (a) After changing residence to another

county, a person shall be accepted for provisional voting under

this section if:

(1) the person would have been eligible to vote in the

county of former residence on election day if still residing in that

county;

(2) the person is registered to vote in the county of

former residence at the time the person:

(A) offers to vote in the county of new

residence; or

(B) submitted a voter registration application

in the county of new residence;

(3) a voter registration for the person in the county

of new residence is not effective on or before election day; and

(4) the person offers to vote in the person's new

county of residence:

(A) at any polling place during the early voting

period;

(B) at any polling place on election day if the

county participates in the program under Section 43.007; or

(C) at the polling place of the precinct in which

the person resides on election day if the county does not

participate in the program under Section 43.007.

(b) Not later than the 30th day after the election, the

voter registrar shall notify the voter registrar for the voter's

former county of residence that the voter was accepted for voting

under this section.

SECTION 5. Section 63.011, Election Code, is amended by

adding Subsection (a-2) and amending Subsections (b), (b-1), and

(c) to read as follows:

(a-2) A person to whom Section 63.007 applies may cast a

provisional ballot if the person would be eligible to vote in the

election, but for the requirement to be a registered voter, and

executes an affidavit stating:

"I am currently registered to vote in _________ (insert name

of county) County and have not cast a ballot in that county in this

election. I understand that doing so is a felony of the second

degree under Section 64.012, Election Code."

(b) A form for an affidavit required by this section must be

printed on an envelope in which the provisional ballot voted by the

person may be placed and must include:

(1) a space for entering the identification number of

the provisional ballot voted by the person; [ and ]

(2) a space for an election officer to indicate

whether the person presented a form of identification described by

Section 63.0101 ; and

(3) for a provisional ballot voted by the person under

Section 63.007, a space for entering:

(A) the precinct number of the precinct in which

the voter voted; and

(B) the name of the county in which the voter is

registered to vote .

(b-1) The affidavit form shall [ may ] include space for

disclosure of any necessary information to enable the person to

register to vote under Chapter 13. The secretary of state shall

prescribe the form of the affidavit under this section.

(c) After executing the affidavit, the person shall be given

a provisional ballot for the election. An election officer shall

record the number of the ballot and, if applicable, the precinct

number on the space provided on the affidavit.

SECTION 6. Section 65.054, Election Code, is amended by

amending Subsection (b) and adding Subsection (b-1) to read as

follows:

(b) Except as provided by Subsection (b-1), a [ A ]

provisional ballot shall be accepted if the board determines that:

(1) from the information in the affidavit or contained

in public records, the person is eligible to vote in the election

and has not previously voted in that election;

(2) the person:

(A) meets the identification requirements of

Section 63.001(b) at the time the ballot was cast or in the period

prescribed under Section 65.0541;

(B) notwithstanding Chapter 110, Civil Practice

and Remedies Code, executes an affidavit under penalty of perjury

that states the voter has a religious objection to being

photographed and the voter has consistently refused to be

photographed for any governmental purpose from the time the voter

has held this belief; or

(C) executes an affidavit under penalty of

perjury that states the voter does not have any identification

meeting the requirements of Section 63.001(b) as a result of a

natural disaster that was declared by the president of the United

States or the governor, occurred not earlier than 45 days before the

date the ballot was cast, and caused the destruction of or inability

to access the voter's identification; and

(3) the voter has not been challenged and voted a

provisional ballot solely because the voter did not meet the

requirements for identification prescribed by Section 63.001(b).

(b-1) A provisional ballot cast under Section 63.007 shall

be accepted if the board determines from the information in the

affidavit or contained in public records that the person:

(1) is registered to vote in the county of the person's

former residence;

(2) has not previously voted in the election; and

(3) is eligible to vote in the election, but for the

requirement to be a registered voter.

SECTION 7. Section 65.055, Election Code, is amended by

adding Subsection (a-1) to read as follows:

(a-1) If the affidavit on the envelope of a provisional

ballot accepted under Section 65.054(b-1) contains the information

necessary to enable the person to register to vote under Chapter 13,

the voter registrar shall make a copy of the affidavit under

procedures prescribed by the secretary of state. The voter

registrar shall treat the copy as an application for registration

under Chapter 13.

SECTION 8. 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.

SECTION 9. Section 111.009, Election Code, is amended to

read as follows:

Sec. 111.009. EXCLUDING VOTER FROM PRECINCT EARLY VOTING

LIST. The name of a person [ voting a limited ballot by personal

appearance under Chapter 112 or ] to whom a [ limited or ] federal

ballot to be voted by mail is provided under Chapter [ 112 or ] 114 is

not required to be included on the precinct early voting list.

SECTION 10. Section 141.063(e), Election Code, is amended

to read as follows:

(e) The signer's residence address and registration address

are not required to be the same if the signer would otherwise be

able to vote for that office under Section 11.004 or 63.007

[ 112.002 ].

SECTION 11. Section 162.002, Election Code, is amended to

read as follows:

Sec. 162.002. ELIGIBILITY TO AFFILIATE. To be eligible to

affiliate with a political party, a person must be:

(1) a registered voter; or

(2) eligible to vote a provisional [ limited ] ballot

under Section 63.007 at the time of affiliating.

SECTION 12. Section 162.005, Election Code, is amended to

read as follows:

Sec. 162.005. AFFILIATION PROCEDURE: EARLY VOTING BY MAIL.

Subject to Section 162.004(a-1), the early voting clerk in a

general primary election shall provide an affiliation certificate

with each early voting [ or limited ] ballot to be voted by mail. The

certificate is not required to be provided to an applicant for a

runoff primary ballot unless the applicant requests it.

SECTION 13. Section 174.003, Election Code, is amended to

read as follows:

Sec. 174.003. DELEGATE TO BE QUALIFIED VOTER. In addition

to the requirement of party affiliation, to be eligible to serve as

a delegate to a county, senatorial district, or state convention

held under this chapter, a person must be a qualified voter of the

territory that the person is selected to represent or a resident of

that territory who is eligible to vote a provisional [ limited ]

ballot under Section 63.007 .

SECTION 14. Section 174.024, Election Code, is amended to

read as follows:

Sec. 174.024. PARTICIPANT TO BE REGISTERED VOTER. In

addition to the requirement of party affiliation, to be eligible to

participate in a precinct convention held under this subchapter, a

person must be a registered voter of the precinct or a precinct

resident who is eligible to vote a provisional [ limited ] ballot

under Section 63.007 .

SECTION 15. Section 181.065, Election Code, is amended to

read as follows:

Sec. 181.065. PARTICIPANT TO BE REGISTERED VOTER. To be

eligible to participate in a precinct convention held under this

chapter, a person must be a registered voter of the precinct or a

precinct resident who is eligible to vote a provisional [ limited ]

ballot under Section 63.007 .

SECTION 16. Section 277.002(f), Election Code, is amended

to read as follows:

(f) The signer's residence address and the address listed on

the signer's registration are not required to be the same if the

signer is eligible to vote under Section 11.004 or 63.007

[ 112.002 ].

SECTION 17. Chapter 112, Election Code, is repealed.

SECTION 18. Not later than December 1, 2025, the secretary

of state shall adopt all necessary rules to implement this Act.

SECTION 19. (a) Except as provided by Subsection (b) of

this section, this Act takes effect January 1, 2026.

(b) Section 18 of this Act takes effect September 1, 2025.