Bill Text: TX HB1005 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the procedures for registering to vote and accepting a voter at a polling place; providing a criminal penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-28 - Referred to Elections [HB1005 Detail]
Download: Texas-2011-HB1005-Introduced.html
82R5257 JRJ-D | ||
By: Hopson | H.B. No. 1005 |
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relating to the procedures for registering to vote and accepting a | ||
voter at a polling place; providing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 15.001(a), Election Code, is amended to | ||
read as follows: | ||
(a) Each voter registration certificate issued must | ||
contain: | ||
(1) the voter's name in the form indicated by the | ||
voter, subject to applicable requirements prescribed by Section | ||
13.002 and by rule of the secretary of state; | ||
(2) the voter's residence address or, if the residence | ||
has no address, the address at which the voter receives mail and a | ||
concise description of the location of the voter's residence; | ||
(3) the month, day, and year of the voter's birth; | ||
(4) the number of the county election precinct in | ||
which the voter resides; | ||
(5) the voter's effective date of registration if an | ||
initial certificate; | ||
(6) the voter's registration number; | ||
(7) an indication of the period for which the | ||
certificate is issued; | ||
(8) a statement explaining the circumstances under | ||
which the voter will receive a new certificate; | ||
(9) a space for stamping the voter's political party | ||
affiliation; | ||
(10) a statement that voting with the certificate by a | ||
person other than the person in whose name the certificate is issued | ||
is a felony; | ||
(11) a space for the voter's signature; | ||
(12) a statement that the voter must sign the | ||
certificate personally, if able to sign, immediately on receipt; | ||
(13) a space for the voter to correct the information | ||
on the certificate followed by a signature line; | ||
(14) the statement: "If any information on this | ||
certificate changes or is incorrect, correct the information in the | ||
space provided, sign below, and return this certificate to the | ||
voter registrar."; | ||
(15) the registrar's mailing address and telephone | ||
number; [ |
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(16) the jurisdictional or distinguishing number for | ||
the following territorial units in which the voter resides, as | ||
determined by the voter registrar: | ||
(A) congressional district; | ||
(B) state senatorial district; | ||
(C) state representative district; | ||
(D) commissioners precinct; | ||
(E) justice precinct; | ||
(F) city election precinct; and | ||
(G) school district election precinct; and | ||
(17) the photograph of the voter to whom the | ||
certificate is issued if a photograph has been obtained under | ||
Section 31.012. | ||
SECTION 2. Subchapter A, Chapter 31, Election Code, is | ||
amended by adding Section 31.012 to read as follows: | ||
Sec. 31.012. PHOTO IDENTIFICATION ACCESS. The secretary of | ||
state shall establish methods to obtain a photograph of each | ||
registered voter for use on the voter's voter registration | ||
certificate. For purposes of this section, the secretary of state | ||
may enter into agreements with the Department of Public Safety or | ||
other state agencies and governmental entities for assistance with | ||
assigning photographs to the appropriate voter's voter | ||
registration certificate. | ||
SECTION 3. Section 63.001, Election Code, is amended by | ||
amending Subsections (b), (c), (d), and (f) and adding Subsection | ||
(g) to read as follows: | ||
(b) On offering to vote, a voter must present to an election | ||
officer at the polling place: | ||
(1) the voter's voter registration certificate | ||
containing the voter's photograph; | ||
(2) an identification card issued by this state; or | ||
(3) the affidavit described by Section 63.007 [ |
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(c) On presentation of the documentation required by | ||
Subsection (b) [ |
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shall determine whether the voter's name on the documentation | ||
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the precinct. | ||
(d) If the voter's name is on the precinct list of | ||
registered voters and the voter's identity can be verified from the | ||
documentation presented under Subsection (b), the voter shall be | ||
accepted for voting. | ||
(f) After determining whether to accept a voter, an election | ||
officer shall return the voter's documentation [ |
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(g) Perjury committed in the execution of an affidavit for | ||
the purposes of being accepted to vote constitutes aggravated | ||
perjury under Section 37.03, Penal Code. | ||
SECTION 4. Section 63.006(a), Election Code, is amended to | ||
read as follows: | ||
(a) A voter who, when offering to vote, presents a voter | ||
registration certificate indicating that the voter is currently | ||
registered in the precinct in which the voter is offering to vote, | ||
but whose name is not on the precinct list of registered voters, | ||
shall be accepted for voting if the voter meets the identification | ||
or affidavit requirements under Section 63.001. | ||
SECTION 5. The heading to Section 63.007, Election Code, is | ||
amended to read as follows: | ||
Sec. 63.007. VOTER WITHOUT CERTIFICATE OR WITH INCORRECT | ||
CERTIFICATE WHO IS NOT ON LIST. | ||
SECTION 6. Section 63.007(a), Election Code, is amended to | ||
read as follows: | ||
(a) A voter who, when offering to vote, does not present a | ||
voter registration certificate or presents a voter registration | ||
certificate indicating that the voter is currently registered in a | ||
different precinct from the one in which the voter is offering to | ||
vote, and whose name is not on the precinct list of registered | ||
voters, shall be accepted for voting if the voter executes an | ||
affidavit stating that the voter: | ||
(1) is a resident of the precinct in which the voter is | ||
offering to vote or is otherwise entitled by law to vote in that | ||
precinct; | ||
(2) was a resident of the precinct in which the voter | ||
is offering to vote at the time that information on the voter's | ||
residence address was last provided to the voter registrar; | ||
(3) did not deliberately provide false information to | ||
secure registration in a precinct in which the voter does not | ||
reside; and | ||
(4) is voting only once in the election. | ||
SECTION 7. The heading to Section 63.009, Election Code, is | ||
amended to read as follows: | ||
Sec. 63.009. VOTER WITHOUT DOCUMENTATION [ |
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IS NOT ON LIST. | ||
SECTION 8. Section 63.009(a), Election Code, is amended to | ||
read as follows: | ||
(a) A [ |
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does not meet the identification or affidavit requirements under | ||
Section 63.001 [ |
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voters for the precinct in which the voter is offering to vote, | ||
shall be accepted for provisional voting if the voter executes an | ||
affidavit in accordance with Section 63.011. | ||
SECTION 9. Section 63.011(a), Election Code, is amended to | ||
read as follows: | ||
(a) A person to whom Section [ |
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applies may cast a provisional ballot if the person executes an | ||
affidavit stating that the person: | ||
(1) is a registered voter in the precinct in which the | ||
person seeks to vote; and | ||
(2) is eligible to vote in the election. | ||
SECTION 10. Section 65.054(b), Election Code, is amended to | ||
read as follows: | ||
(b) A provisional ballot may be accepted only if: | ||
(1) the board determines that, 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; and | ||
(2) the voter meets the identification requirements of | ||
Section 63.001(b) in the period prescribed under Section 65.0541. | ||
SECTION 11. Subchapter B, Chapter 65, Election Code, is | ||
amended by adding Section 65.0541 to read as follows: | ||
Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN | ||
PROVISIONAL BALLOTS. (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 business day after the date of the election, present | ||
proof of identification to the voter registrar for examination by | ||
the early voting ballot board. | ||
(b) The secretary of state shall prescribe procedures as | ||
necessary to implement this section. | ||
SECTION 12. Sections 63.008, 63.009(b), and 63.0101, | ||
Election Code, are repealed. | ||
SECTION 13. (a) As soon as practicable after the effective | ||
date of this Act, the secretary of state shall establish, subject to | ||
Subsection (b) of this section, the photo identification access | ||
program required by Section 31.012, Election Code, as added by this | ||
Act. | ||
(b) The photo identification access program required by | ||
Section 31.012, Election Code, as added by this Act, must provide | ||
for voter registration certificates to contain photographs for use | ||
beginning with the general election for state and county officers | ||
held in 2012. | ||
SECTION 14. This Act takes effect September 1, 2011. |