Bill Text: TX HB16 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to requiring a voter to present proof of identification.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Elections [HB16 Detail]
Download: Texas-2011-HB16-Introduced.html
82R510 JRJ-D | ||
By: Riddle | H.B. No. 16 |
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relating to requiring a voter to present proof of identification. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Effective September 1, 2011, Subchapter A, | ||
Chapter 15, Election Code, is amended by adding Section 15.005 to | ||
read as follows: | ||
Sec. 15.005. NOTICE OF IDENTIFICATION REQUIREMENTS. (a) | ||
The voter registrar of each county shall provide notice of the | ||
identification requirements for voting prescribed by Chapter 63 and | ||
a detailed description of those requirements with each voter | ||
registration certificate issued under Section 13.142 or renewal | ||
registration certificate issued under Section 14.001. | ||
(b) The secretary of state shall prescribe the wording of | ||
the notice to be included on the certificate under this section. | ||
SECTION 2. Effective September 1, 2011, Subchapter A, | ||
Chapter 31, Election Code, is amended by adding Section 31.012 to | ||
read as follows: | ||
Sec. 31.012. VOTER IDENTIFICATION EDUCATION. (a) The | ||
secretary of state and the voter registrar of each county that | ||
maintains a website shall provide notice of the identification | ||
requirements for voting prescribed by Chapter 63 on each entity's | ||
respective website. The secretary of state shall prescribe the | ||
wording of the notice to be included on the websites. | ||
(b) The secretary of state, in cooperation with appropriate | ||
nonprofit organizations as determined by the secretary of state and | ||
with each party whose nominee for governor in the most recent | ||
gubernatorial general election received 20 percent or more of the | ||
total number of votes received by all candidates for governor in the | ||
election, shall establish a statewide effort to educate voters | ||
regarding the identification requirements for voting prescribed by | ||
Chapter 63. The secretary of state may use any available funds, | ||
including federal funds, for the purposes of this section. | ||
SECTION 3. Effective September 1, 2011, Section 32.111, | ||
Election Code, is amended by adding Subsection (c) to read as | ||
follows: | ||
(c) The training standards adopted under Subsection (a) | ||
must include provisions on the acceptance and handling of the | ||
identification presented by a voter to an election officer under | ||
Section 63.001. | ||
SECTION 4. Effective September 1, 2011, Section 32.114(a), | ||
Election Code, is amended to read as follows: | ||
(a) The county clerk shall provide one or more sessions of | ||
training using the standardized training program and materials | ||
developed and provided by the secretary of state under Section | ||
32.111 for the election judges and clerks appointed to serve in | ||
elections ordered by the governor or a county authority. Each | ||
election judge shall complete the training program. Each election | ||
clerk shall complete the part of the training program relating to | ||
the acceptance and handling of the identification presented by a | ||
voter to an election officer under Section 63.001. | ||
SECTION 5. Chapter 62, Election Code, is amended by adding | ||
Section 62.016 to read as follows: | ||
Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE | ||
POLLING PLACES. The presiding judge shall post in a prominent place | ||
on the outside of each polling location a list of the acceptable | ||
forms of photographic and nonphotographic identification. The | ||
notice and list must be printed using a font that is at least | ||
24-point. | ||
SECTION 6. 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 either: | ||
(1) one form of identification listed in Section | ||
63.0101(a); or | ||
(2) two different forms of identification listed in | ||
Section 63.0101(b) [ |
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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 registration | ||
certificate is on the list of registered voters for 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) If the requirements for identification prescribed by | ||
Subsection (b) are not met, the voter may be accepted for | ||
provisional voting only under Section 63.011. An election officer | ||
shall inform a voter who is not accepted for voting under this | ||
section of the voter's right to cast a provisional ballot under | ||
Section 63.011. | ||
SECTION 7. Section 63.0011(a), Election Code, is amended to | ||
read as follows: | ||
(a) Before a voter may be accepted for voting, an election | ||
officer shall ask the voter if the voter's residence address on the | ||
precinct list of registered voters is current and whether the voter | ||
has changed residence within the county. If the voter's address is | ||
omitted from the precinct list under Section 18.005(c), the officer | ||
shall ask the voter if the voter's residence as listed on | ||
identification presented by the voter under Section 63.001(b) [ |
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voter has changed residence within the county. | ||
SECTION 8. 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's identity can be verified | ||
from the documentation presented under Section 63.001(b). | ||
SECTION 9. Section 63.007(a), Election Code, is amended to | ||
read as follows: | ||
(a) A voter who, when offering to vote, presents | ||
documentation required under Section 63.001(b) that indicates [ |
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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's identity can be verified from the documentation and 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 10. Section 63.0101, Election Code, is amended to | ||
read as follows: | ||
Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. | ||
(a) The following documentation is an acceptable form [ |
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photo identification under this chapter: | ||
(1) a driver's license or personal identification card | ||
issued to the person by the Department of Public Safety or the | ||
equivalent agency of another state that has not expired or that | ||
expired no earlier than two years before the date of presentation | ||
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(2) a United States military identification card that | ||
contains the person's photograph [ |
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(3) a valid employee identification card that contains | ||
the person's photograph and is issued by an employer of the person | ||
in the ordinary course of the employer's business [ |
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(4) a United States citizenship certificate [ |
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issued to the person that contains the person's photograph; | ||
(5) a United States passport issued to the person; | ||
(6) a student identification card issued by a public | ||
or private institution of higher education that contains the | ||
person's photograph [ |
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(7) a license to carry a concealed handgun issued to | ||
the person by the Department of Public Safety; | ||
(8) an identification card issued by a state agency of | ||
this state that contains the person's photograph; or | ||
(9) a valid identification card that contains the | ||
person's photograph and is issued by: | ||
(A) an agency or institution of the federal | ||
government; or | ||
(B) an agency, institution, or political | ||
subdivision of this state. | ||
(b) The following documentation is acceptable as proof of | ||
identification under this chapter: | ||
(1) the voter's voter registration certificate or a | ||
copy of a current utility bill, bank statement, government check, | ||
paycheck, or other government document that shows the name and | ||
address of the voter; | ||
(2) official mail addressed to the person by name from | ||
a governmental entity; | ||
(3) a certified copy of a birth certificate or other | ||
document confirming birth that is admissible in a court of law and | ||
establishes the person's identity; | ||
(4) United States citizenship papers issued to the | ||
person; | ||
(5) an original or certified copy of the person's | ||
marriage license or divorce decree; | ||
(6) court records of the person's adoption, name | ||
change, or sex change; | ||
(7) an identification card issued to the person by a | ||
governmental entity of this state or the United States for the | ||
purpose of obtaining public benefits, including veteran's | ||
benefits, Medicaid, or Medicare; | ||
(8) a temporary driving permit issued to the person by | ||
the Department of Public Safety; | ||
(9) a pilot's license issued to the person by the | ||
Federal Aviation Administration or another authorized agency of the | ||
United States; | ||
(10) a library card that contains the person's name | ||
issued to the person by a public library located in this state; or | ||
(11) a hunting or fishing license issued to a person by | ||
the Parks and Wildlife Department [ |
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(c) The commissioners court of a county may authorize the | ||
county elections administrator or the county clerk, as applicable, | ||
to issue photo identification cards that may be used as proof of a | ||
voter's identification under Subsection (a). | ||
SECTION 11. Sections 63.011(a) and (b), Election Code, are | ||
amended to read as follows: | ||
(a) A person to whom Section 63.001(g) [ |
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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. | ||
(b) A form for an affidavit required by this section shall | ||
be printed on an envelope in which the provisional ballot voted by | ||
the person may be placed and must include a space for entering the | ||
identification number of the provisional ballot voted by the person | ||
and a space for an election officer to indicate whether the person | ||
presented proof of identification as required by Section | ||
63.001(b)(1) or (2). The affidavit form 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. | ||
SECTION 12. 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 presents proof of identification as | ||
required by Section 63.001(b)(1) or (2): | ||
(A) at the time the ballot was cast; or | ||
(B) in the period prescribed under Section | ||
65.0541. | ||
SECTION 13. 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 present | ||
proof of identification as required by Section 63.001(b)(1) or (2) | ||
may submit proof of identification to the voter registrar by | ||
personal delivery or by mail for examination by the early voting | ||
ballot board not later than the fifth day after the date of the | ||
election. | ||
(b) The early voting ballot board shall accept a provisional | ||
ballot under Section 65.054 if the voter: | ||
(1) presents proof of identification in the manner | ||
required by this section; and | ||
(2) is otherwise eligible to vote in the election. | ||
(c) The office of the voter registrar shall be open on a | ||
Saturday that falls within the five-day period described by | ||
Subsection (a) for a voter to present identification as provided | ||
under this section. | ||
(d) The secretary of state shall prescribe procedures as | ||
necessary to implement this section. | ||
SECTION 14. Section 521.422, Transportation Code, is | ||
amended by amending Subsection (a) and adding Subsection (d) to | ||
read as follows: | ||
(a) Except as provided by Subsection (d), the [ |
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a personal identification certificate is: | ||
(1) $15 for a person under 60 years of age; | ||
(2) $5 for a person 60 years of age or older; and | ||
(3) $20 for a person subject to the registration | ||
requirements under Chapter 62, Code of Criminal Procedure. | ||
(d) The department may not collect a fee for a personal | ||
identification certificate issued to a person who states that the | ||
person is obtaining the personal identification certificate for the | ||
sole purpose of satisfying Section 63.001(b)(1), Election Code, | ||
and: | ||
(1) who is a registered voter in this state and | ||
presents a valid voter registration certificate; or | ||
(2) who is eligible for registration under Section | ||
13.001, Election Code, and submits a registration application to | ||
the department. | ||
SECTION 15. Sections 63.008 and 63.009, Election Code, are | ||
repealed. | ||
SECTION 16. (a) As soon as practicable after September 1, | ||
2011: | ||
(1) the secretary of state shall adopt the training | ||
standards and develop the training materials required to implement | ||
the change in law made by this Act to Section 32.111, Election Code; | ||
and | ||
(2) the county clerk of each county shall provide a | ||
session of training under Section 32.114, Election Code, using the | ||
standards adopted and materials developed to implement the change | ||
in law made by this Act to Section 32.111, Election Code. | ||
(b) This section takes effect September 1, 2011. | ||
SECTION 17. Except as otherwise provided by this Act, this | ||
Act takes effect January 1, 2012. |