More documents accepted for voter identification

The text as introduced · 1,495 words

89R2909 LRM-D

By: Menéndez, et al.
S.B. No. 144

A BILL TO BE ENTITLED

AN ACT

relating to requiring a voter to present proof of identification.

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

SECTION 1. Section 13.002(i), Election Code, is amended to

read as follows:

(i) An applicant who wishes to receive an exemption from the

requirements of Section 63.001(b) on the basis of disability must

submit:

(1) written documentation:

(A) from the United States Social Security

Administration evidencing the applicant has been determined to have

a disability; or

(B) from the United States Department of Veterans

Affairs evidencing the applicant has a disability rating of at

least 50 percent; and

(2) a statement in a form prescribed by the secretary

of state that the applicant does not have [ a form of ] identification

required by Section 63.001(b) in a form described by [ acceptable

under ] Section 63.0101.

SECTION 2. Sections 63.001(b) and (i), Election Code, are

amended 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) one form of identification listed in Section

63.0101(b) (1), (2), or (3) accompanied by the declaration described

by Subsection (i) ;

(3) two forms of identification listed under Section

63.0101(b), including one form that contains the voter's current

address; or

(4) two forms of identification listed under Section

63.0101(b)(4) accompanied by the declaration described by

Subsection (i) .

(i) If the requirement for identification prescribed by

Subsection (b)(1) or (3) 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) or (4) and executes a declaration declaring the

voter has a reasonable impediment to meeting the requirement for

identification prescribed by Subsection (b)(1) or (3) . A person is

subject to prosecution for perjury under Chapter 37, Penal Code, or

under 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 under 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) or (3) ;

(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) or (3) 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) or (4) the voter

presented.

SECTION 3. Sections 63.0101(a) and (b), Election Code, are

amended to read as follows:

(a) The following documentation is an acceptable form of

photo identification under this chapter:

(1) a driver's license, election identification

certificate, or personal identification card issued to the voter

[ person ] by the Department of Public Safety that has not expired or

that expired no earlier than four years before the date of

presentation;

(2) a United States military identification card that

contains the voter's [ person's ] photograph that has not expired or

that expired no earlier than four years before the date of

presentation;

(3) a United States citizenship certificate issued to

the voter [ person ] that contains the voter's [ person's ] photograph;

(4) a United States passport book or card issued to the

voter [ person ] that has not expired or that expired no earlier than

four years before the date of presentation; [ or ]

(5) a license to carry a handgun issued to the voter

[ person ] by the Department of Public Safety that has not expired or

that expired no earlier than four years before the date of

presentation ;

(6) an official Native American tribal document that:

(A) contains the voter's photograph and address;

and

(B) is issued by a tribe that is federally

recognized and located in this state; or

(7) any other official government document issued to

the voter and containing the voter's name, address, and photograph .

(b) The following documentation is acceptable as proof of

identification under this chapter:

(1) a government document that shows the name and

address of the voter, including the voter's voter registration

certificate;

(2) one of the following documents that shows the name

and address of the voter:

(A) a copy of a current utility bill;

(B) a bank or credit union statement;

(C) a government check; or

(D) a paycheck or pension plan statement ; [ or ]

(3) a certified copy of a domestic birth certificate

or other document confirming birth that is admissible in a court of

law and establishes the voter's [ person's ] identity ; or

(4) two of the following documents issued or delivered

to the voter, one of which must contain the name and address of the

voter:

(A) a Medicare, Medicaid, or Department of

Veterans Affairs identification card or other health insurance

identification card;

(B) a Department of Defense identification card;

(C) a social security identification card;

(D) a label on a prescription drug container;

(E) an identity bracelet issued by a hospital or

long-term care facility;

(F) a credit or debit card;

(G) an identification card issued by an employer;

(H) a student identification card issued by a

public or private high school or institution of higher education;

(I) a library card;

(J) a Texas Department of Criminal Justice

document indicating release or parole;

(K) a fishing or hunting license;

(L) a lease or mortgage for real property;

(M) a motor vehicle title;

(N) an insurance certificate, policy

declaration, or other document demonstrating proof of insurance;

(O) a letter from a public or private school or

institution of higher education;

(P) a personal check;

(Q) an official Native American tribal document

that is issued by a tribe that is federally recognized and located

in this state;

(R) a blood donor card;

(S) a public transportation card;

(T) a property tax assessment;

(U) a form prescribed by the Internal Revenue

Service;

(V) a letter from a public conservator,

court-appointed guardian, or trustee;

(W) a letter of confirmation of residence, letter

of stay, admission form, or statement of benefits from:

(i) a student residence;

(ii) a nursing home or other long-term care

facility or a retirement center;

(iii) a shelter; or

(iv) a soup kitchen;

(X) a document listed in Subdivision (1), (2), or

(3); or

(Y) another government document containing the

voter's name .

SECTION 4. Section 63.011(b), Election Code, is amended to

read as follows:

(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 required by

Section 63.001(b) in a form described by Section 63.0101.

SECTION 5. 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 required by

Section 63.001(b) in a form described by Section 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 6. Section 86.006(a-1), Election Code, is amended

to read as follows:

(a-1) The voter may deliver a marked ballot in person to the

early voting clerk's office only while the polls are open on

election day. A voter who delivers a marked ballot in person must

present identification required by Section 63.001(b) in a [ an

acceptable ] form [ of identification ] described by Section 63.0101.

SECTION 7. This Act takes effect September 1, 2025.