Bill Text: TX SB903 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to the integrity of elections in this state; imposing a civil penalty; increasing a criminal penalty.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2019-04-29 - Referred to Elections [SB903 Detail]
Download: Texas-2019-SB903-Engrossed.html
By: Hughes, Creighton | S.B. No. 903 | |
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relating to the integrity of elections in this state; imposing a | ||
civil penalty; increasing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42.03, Code of Criminal Procedure, is | ||
amended by adding Section 6 to read as follows: | ||
Sec. 6. The court, after pronouncing the sentence of a | ||
defendant adjudged guilty of a felony, shall inform the defendant | ||
of the full impact of the conviction on the defendant's voting | ||
rights in this state under Section 11.002(a)(4), Election Code. | ||
SECTION 2. Section 13.074(c), Election Code, is amended to | ||
read as follows: | ||
(c) The registrar may not challenge an applicant later than: | ||
(1) the fifth [ |
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application is determined to comply with Section 13.002 and | ||
indicate that the applicant is eligible for registration, if the | ||
application was submitted less than 60 days before the next | ||
election in which the applicant would be eligible to vote; or | ||
(2) the 30th day after the date the application is | ||
determined to comply with Section 13.002 and indicate that the | ||
applicant is eligible for registration, if the application was | ||
submitted more than 60 days before the next election in which the | ||
applicant would be eligible to vote. | ||
SECTION 3. Section 15.028, Election Code, is amended to | ||
read as follows: | ||
Sec. 15.028. NOTICE OF UNLAWFUL VOTING OR REGISTRATION [ |
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is not eligible to vote may have registered to vote or [ |
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deliver to the attorney general, the secretary of state, and the | ||
county or district attorney having jurisdiction in the territory | ||
covered by the election an affidavit stating the relevant facts. | ||
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SECTION 4. Section 16.001(d), Election Code, is amended to | ||
read as follows: | ||
(d) With the cooperation of the secretary of state, the | ||
Department of Public Safety shall, in accordance with federal law, | ||
enter into an agreement with the commissioner of social security to | ||
verify on a quarterly basis the information of voter registration | ||
records containing a social security number. At a minimum, the | ||
department shall verify if: | ||
(1) the name, date of birth, and social security | ||
number listed in the commissioner's records match those on record | ||
with the department; and | ||
(2) the commissioner's records show the person to be | ||
deceased. [ |
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SECTION 5. Section 16.0332(a), Election Code, is amended to | ||
read as follows: | ||
(a) After the registrar receives a list under Section 18.068 | ||
of this code or Section 62.113, Government Code, of persons excused | ||
or disqualified from jury service or otherwise determined to be | ||
ineligible to vote because of citizenship status, the registrar | ||
shall deliver to each registered voter whose name appears on the | ||
list a written notice requiring the voter to submit to the registrar | ||
proof of United States citizenship in the form of a certified copy | ||
of the voter's birth certificate, United States passport, or | ||
certificate of naturalization or any other form prescribed by the | ||
secretary of state. The notice shall be delivered by forwardable | ||
mail to the mailing address on the voter's registration application | ||
and to any new address of the voter known to the registrar. | ||
SECTION 6. Section 18.065, Election Code, is amended by | ||
amending Subsection (a) and adding Subsections (e), (f), and (g) to | ||
read as follows: | ||
(a) The secretary of state shall monitor each registrar for | ||
substantial compliance with Sections 15.083, 16.032, 16.0332, and | ||
18.061 and with rules implementing the statewide computerized voter | ||
registration list. | ||
(e) If a registrar fails to correct a violation within 30 | ||
days of a notice under Subsection (b), the secretary of state shall | ||
correct the violation on behalf of the registrar. | ||
(f) A registrar is liable to this state for a civil penalty | ||
of $100 for each violation corrected by the registrar under | ||
Subsection (e). The attorney general may bring an action to recover | ||
a civil penalty imposed under this section. | ||
(g) A civil penalty collected by the attorney general under | ||
this section shall be deposited in the state treasury to the credit | ||
of the general revenue fund. | ||
SECTION 7. Section 18.068, Election Code, is amended to | ||
read as follows: | ||
Sec. 18.068. COMPARISON OF INFORMATION REGARDING | ||
INELIGIBILITY. (a) The secretary of state shall quarterly compare | ||
the information received under Section 16.001 of this code and | ||
Section 62.113, Government Code, to the statewide computerized | ||
voter registration list. | ||
(a-1) The secretary of state shall enter into an agreement | ||
with the Department of Public Safety under which information in the | ||
statewide computerized voter registration list is compared against | ||
information in the database of the Department of Public Safety on a | ||
monthly basis to verify the accuracy of information provided on | ||
voter registration applications. The information compared must | ||
include, at a minimum, a voter's: | ||
(1) full legal name; | ||
(2) former name, if applicable; | ||
(3) date of birth; | ||
(4) residence address; | ||
(5) driver's license or state identification card | ||
number; | ||
(6) signature; | ||
(7) social security number; | ||
(8) documentation of lawful presence in this state; | ||
and | ||
(9) citizenship status. | ||
(a-2) If the secretary determines from information received | ||
under Subsection (a) or (a-1) that a voter on the registration list | ||
may be ineligible to vote [ |
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the secretary shall send notice of the determination to the voter | ||
registrar of the counties considered appropriate by the secretary. | ||
(b) The secretary of state shall by rule determine what | ||
information combinations identified as common to a voter and to an | ||
individual who is deceased or ineligible to vote constitute a weak | ||
match or a strong match in order to: | ||
(1) produce the least possible impact on Texas voters; | ||
and | ||
(2) fulfill its responsibility to manage the voter | ||
rolls. | ||
(c) The secretary of state may not determine that a voter is | ||
deceased or ineligible to vote based on a weak match. The secretary | ||
of state may inform the county of the voter's residence that a weak | ||
match exists. | ||
(d) On receiving notification from the secretary of state | ||
under Subsection (c) that a weak match of identifying information | ||
exists for a county voter and an individual who is deceased or | ||
ineligible to vote, the county shall investigate whether the voter | ||
is that [ |
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(e) The secretary of state may determine that a voter is | ||
deceased or ineligible to vote based on a strong match. | ||
(f) The secretary of state may obtain, for purposes of | ||
determining whether a voter is deceased or ineligible to vote, | ||
information from other state agency databases relating to a voter | ||
that is the same type of information that the secretary of state or | ||
a voter registrar collects or stores for voter registration | ||
purposes. | ||
(g) Not later than December 31 of each year, the secretary | ||
of state shall provide a report to the legislature of the number of | ||
voters determined to be ineligible under this section during the | ||
calendar year. The report must include the reason for | ||
ineligibility for each voter. | ||
SECTION 8. Section 18.0681(d), Election Code, is amended to | ||
read as follows: | ||
(d) If the secretary of state determines that a voter on the | ||
registration list has more than one registration record on file | ||
based on a strong match, the secretary shall send notice of the | ||
determination to the voter registrar of each county in which the | ||
voter is registered to vote. If the voter records identified are: | ||
(1) located in the same county, the voter registrar | ||
shall [ |
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record belongs to the same voter using the procedure for the | ||
correction of registration records under Section 15.022; or | ||
(2) located in more than one county, the registrar of | ||
the county with the oldest record shall [ |
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confirmation notice in accordance with Section 15.051. | ||
SECTION 9. Subchapter C, Chapter 33, Election Code, is | ||
amended by adding Section 33.0581 to read as follows: | ||
Sec. 33.0581. REPORT TO ATTORNEY GENERAL. (a) A watcher | ||
who observes a violation of Section 276.013 may report the | ||
violation to the attorney general. | ||
(b) The attorney general shall prescribe the form and manner | ||
of a report under this section and may adopt rules as necessary to | ||
implement this section. | ||
SECTION 10. Section 87.0431(b), Election Code, is amended | ||
to read as follows: | ||
(b) The early voting clerk shall, not later than the 30th | ||
day after election day, deliver notice to the attorney general, | ||
including certified copies of the carrier envelope and | ||
corresponding ballot application, of any ballot rejected because: | ||
(1) the voter was deceased; | ||
(2) the voter already voted in person in the same | ||
election; | ||
(3) the signatures on the carrier envelope and ballot | ||
application were not executed by the same person; | ||
(4) the carrier envelope certificate lacked a witness | ||
signature; [ |
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(5) the carrier envelope certificate was improperly | ||
executed by an assistant; or | ||
(6) any form of voter fraud was committed. | ||
SECTION 11. Section 273.021(a), Election Code, is amended | ||
to read as follows: | ||
(a) The attorney general may prosecute a criminal offense | ||
prescribed by the election laws of this state, including any | ||
offense under state law that involves any part of the election | ||
process. | ||
SECTION 12. Section 276.013(b), Election Code, is amended | ||
to read as follows: | ||
(b) An offense under this section is a state jail felony | ||
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SECTION 13. The changes in law made by this Act apply only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 14. This Act takes effect September 1, 2019. |