The proof-of-citizenship rule applies only as far as the federal registration law and the cited Supreme Court case allow. The bill's own Section 2, which asks the federal commission to change the federal form, signals that federal-form applicants may not be covered until federal action happens.
Texas asks the feds to change their form. No action in 180 days? The attorney general sues.
The bill says a person registering to vote in Texas must submit proof of citizenship, and it orders the secretary of state to write rules requiring that proof, but only to the extent federal law and a named U.S. Supreme Court case allow. It also orders the secretary of state to ask the federal Election Assistance Commission by January 1, 2026, to add a proof-of-citizenship requirement to the federal mail registration form. If the commission does not act within 180 days, the attorney general must sue, so any real change depends on federal limits and a federal agency or court.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R SB 1600 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 1600 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the Senate State Affairs committee. No public hearing. The bill died.
relating to a person submitting proof of citizenship to verify
eligibility to vote in Texas.
WHAT IT DOES
Texas asks the feds to change their form. No action in 180 days? The attorney general sues.
The bill says a person registering to vote in Texas must submit proof of citizenship, and it orders the secretary of state to write rules requiring that proof, but only to the extent federal law and a named U.S. Supreme Court case allow. It also orders the secretary of state to ask the federal Election Assistance Commission by January 1, 2026, to add a proof-of-citizenship requirement to the federal mail registration form. If the commission does not act within 180 days, the attorney general must sue, so any real change depends on federal limits and a federal agency or court.
The proof-of-citizenship rule applies only as far as the federal registration law and the cited Supreme Court case allow. The bill's own Section 2, which asks the federal commission to change the federal form, signals that federal-form applicants may not be covered until federal action happens.
The main concrete action is a request to a federal agency and a possible lawsuit, while the state rule is limited by federal law, so registration may change little in the near term.
89R5307 LRM-F
By: Hughes
S.B. No. 309
A BILL TO BE ENTITLED
AN ACT
relating to a person submitting proof of citizenship to verify
eligibility to vote in Texas.
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 Subsection (a-1) 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) To the extent permitted by the National Voter
Registration Act of 1993 (52 U.S.C. Section 20501 et seq.) and
Arizona v. Inter Tribal Council of Arizona, Inc. , 570 U.S. 1 (2013), , 570 U.S. 1 (2013),
the secretary of state shall prescribe rules that require a person
to submit to the registrar proof of citizenship to determine voter
eligibility.
SECTION 2. (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 commission fails to comply before the 180th day
following the secretary of state's request under this section, the
attorney general shall seek enforcement in a court of law.
SECTION 3. This Act takes effect September 1, 2025.