Bill Text: TX HB4538 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the verification of citizenship of an applicant for voter registration.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-26 - Referred to Elections [HB4538 Detail]

Download: Texas-2019-HB4538-Introduced.html
  86R9340 JRJ-D
 
  By: Swanson H.B. No. 4538
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the verification of citizenship of an applicant for
  voter registration.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 13.071, Election Code, is amended to
  read as follows:
         Sec. 13.071.  REVIEW OF APPLICATION. (a) The registrar
  shall review each submitted application for registration to
  determine whether it complies with Section 13.002 and indicates
  that the applicant is a United States citizen eligible for
  registration.
         (b)  If the application is submitted to the Department of
  Public Safety in person with the proof of citizenship required by
  Section 20.063(e), the [The] registrar shall make the determination
  not later than the seventh day after the date the application is
  submitted to the registrar.
         (c)  If the application is submitted in a manner other than
  the manner described by Subsection (b), the registrar shall forward
  the information relating to the applicant to the secretary of state
  for determining citizenship as provided by Section 13.0721.
         SECTION 2.  Subchapter C, Chapter 13, Election Code, is
  amended by adding Section 13.0721 to read as follows:
         Sec. 13.0721.  DETERMINATION OF CITIZENSHIP. (a)  This
  section does not apply to an application for registration submitted
  to the Department of Public Safety in person with the proof of
  citizenship required by Section 20.063(e).
         (b)  The secretary of state shall verify with the Department
  of Public Safety the citizenship status of each applicant for voter
  registration whose information is forwarded to the secretary of
  state as provided by Section 13.071(c). If the department verifies
  the applicant's citizenship status, the secretary of state shall
  notify the registrar.  If the department does not have information
  regarding the citizenship status of the applicant or has
  information indicating that the applicant is not a citizen, the
  registrar and the applicant shall be notified as provided by
  secretary of state rule.
         (c)  An applicant for voter registration who receives notice
  under Subsection (b) must provide proof of citizenship to the
  registrar not later than the 60th day after the date of receipt.
  Except as provided by Subsection (d), this proof must be presented
  in person. The following is acceptable as proof of citizenship
  under this section:
               (1)  an unexpired passport issued to the person;
               (2)  a certified copy of a birth certificate or other
  document confirming the person's birth that is admissible in a
  court of law and establishes the person's identity, presented with
  a government-issued identification that contains the person's
  photograph; or
               (3)  United States citizenship papers issued to the
  person, presented with a government-issued identification that
  contains the person's photograph.
         (d)  An applicant may mail a certified copy of a document
  described by Subsection (c)(2) or (3) with a copy of the person's
  government-issued photo identification to the registrar.
         (e)  If an applicant does not provide proof of citizenship as
  required, the registrar shall cancel the registration and notify
  the secretary of state. The secretary of state shall keep a list of
  applicants of which the secretary receives notice under this
  section.
         (f)  The secretary of state shall adopt rules and prescribe
  procedures to implement this section.
         SECTION 3.  Section 20.063, Election Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  A person who submits a voter registration application to
  the department in person shall at the time of submission present as
  proof of citizenship:
               (1)  an unexpired passport issued to the person;
               (2)  a certified copy of a birth certificate or other
  document confirming the person's birth that is admissible in a
  court of law and establishes the person's identity; or
               (3)  United States citizenship papers issued to the
  person.
         SECTION 4.  The changes in law made by this Act apply only to
  an application to register to vote submitted on or after the
  effective date of this Act.
         SECTION 5.  This Act takes effect September 1, 2019.
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