Bill Text: TX HB138 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to requiring a voter to present proof of identification.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-07-09 - Referred to Constitutional Rights & Remedies [HB138 Detail]
Download: Texas-2021-HB138-Introduced.html
| 87S10040 BRG-D | ||
| By: Dominguez | H.B. No. 138 | |
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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. Section 13.002(i), Election Code, as effective | ||
| September 1, 2021, is amended to read as follows: | ||
| (i) An applicant who wishes to receive an exemption from the | ||
| requirements of Section 63.001(b) on the basis of disability must | ||
| submit: | ||
| (1) written documentation: | ||
| (A) from the United States Social Security | ||
| Administration evidencing the applicant has been determined to have | ||
| a disability; or | ||
| (B) from the United States Department of Veterans | ||
| Affairs evidencing the applicant has a disability rating of at | ||
| least 50 percent; and | ||
| (2) a statement in a form prescribed by the secretary | ||
| of state that the applicant does not have [ |
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| required by Section 63.001(b) in a form described by [ |
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| SECTION 2. Sections 63.001(b) and (i), Election Code, are | ||
| amended to read as follows: | ||
| (b) Except as provided by Subsection (h), on offering to | ||
| vote, a voter must present to an election officer at the polling | ||
| place: | ||
| (1) one form of photo identification listed in Section | ||
| 63.0101(a); [ |
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| (2) one form of identification listed in Section | ||
| 63.0101(b)(1), (2), or (3) accompanied by the declaration described | ||
| by Subsection (i); | ||
| (3) two forms of identification listed under Section | ||
| 63.0101(b), including one form that contains the voter's current | ||
| address; or | ||
| (4) two forms of identification listed under Section | ||
| 63.0101(b)(4) accompanied by the declaration described by | ||
| Subsection (i). | ||
| (i) If the requirement for identification prescribed by | ||
| Subsection (b)(1) or (3) is not met, an election officer shall | ||
| notify the voter that the voter may be accepted for voting if the | ||
| voter meets the requirement for identification prescribed by | ||
| Subsection (b)(2) or (4) and executes a declaration declaring the | ||
| voter has a reasonable impediment to meeting the requirement for | ||
| identification prescribed by Subsection (b)(1) or (3). A person is | ||
| subject to prosecution for perjury under Chapter 37, Penal Code, or | ||
| Section 63.0013 for a false statement or false information on the | ||
| declaration. The secretary of state shall prescribe the form of the | ||
| declaration. The form shall include: | ||
| (1) a notice that a person is subject to prosecution | ||
| for perjury under Chapter 37, Penal Code, or Section 63.0013 for a | ||
| false statement or false information on the declaration; | ||
| (2) a statement that the voter swears or affirms that | ||
| the information contained in the declaration is true, that the | ||
| person described in the declaration is the same person appearing at | ||
| the polling place to sign the declaration, and that the voter faces | ||
| a reasonable impediment to procuring the identification prescribed | ||
| by Subsection (b)(1) or (3); | ||
| (3) a place for the voter to indicate one of the | ||
| following impediments: | ||
| (A) lack of transportation; | ||
| (B) lack of birth certificate or other documents | ||
| needed to obtain the identification prescribed by Subsection | ||
| (b)(1); | ||
| (C) work schedule; | ||
| (D) lost or stolen identification; | ||
| (E) disability or illness; | ||
| (F) family responsibilities; and | ||
| (G) the identification prescribed by Subsection | ||
| (b)(1) or (3) has been applied for but not received; | ||
| (4) a place for the voter to sign and date the | ||
| declaration; | ||
| (5) a place for the election judge to sign and date the | ||
| declaration; | ||
| (6) a place to note the polling place at which the | ||
| declaration is signed; and | ||
| (7) a place for the election judge to note which form | ||
| of identification prescribed by Subsection (b)(2) or (4) the voter | ||
| presented. | ||
| SECTION 3. Sections 63.0101(a) and (b), Election Code, are | ||
| amended to read as follows: | ||
| (a) The following documentation is an acceptable form of | ||
| photo identification under this chapter: | ||
| (1) a driver's license, election identification | ||
| certificate, or personal identification card issued to the voter | ||
| [ |
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| that expired no earlier than four years before the date of | ||
| presentation; | ||
| (2) a United States military identification card that | ||
| contains the voter's [ |
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| that expired no earlier than four years before the date of | ||
| presentation; | ||
| (3) a United States citizenship certificate issued to | ||
| the voter [ |
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| (4) a United States passport book or card issued to the | ||
| voter [ |
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| four years before the date of presentation; [ |
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| (5) a license to carry a handgun issued to the voter | ||
| [ |
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| that expired no earlier than four years before the date of | ||
| presentation; | ||
| (6) an official Native American tribal document that: | ||
| (A) contains the voter's photograph and address; | ||
| and | ||
| (B) is issued by a tribe that is federally | ||
| recognized and located in this state; or | ||
| (7) any other official government document issued to | ||
| the voter and containing the voter's name, address, and photograph. | ||
| (b) The following documentation is acceptable as proof of | ||
| identification under this chapter: | ||
| (1) a government document that shows the name and | ||
| address of the voter, including the voter's voter registration | ||
| certificate; | ||
| (2) one of the following documents that shows the name | ||
| and address of the voter: | ||
| (A) a copy of a current utility bill; | ||
| (B) a bank or credit union statement; | ||
| (C) a government check; or | ||
| (D) a paycheck or pension plan statement; [ |
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| (3) a certified copy of a domestic birth certificate | ||
| or other document confirming birth that is admissible in a court of | ||
| law and establishes the voter's [ |
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| (4) two of the following documents issued or delivered | ||
| to the voter, one of which must contain the name and address of the | ||
| voter: | ||
| (A) a Medicare, Medicaid, or Department of | ||
| Veterans Affairs identification card or other health insurance | ||
| identification card; | ||
| (B) a Department of Defense identification card; | ||
| (C) a social security identification card; | ||
| (D) a label on a prescription drug container; | ||
| (E) an identity bracelet issued by a hospital or | ||
| long-term care facility; | ||
| (F) a credit or debit card; | ||
| (G) an identification card issued by an employer; | ||
| (H) a student identification card issued by a | ||
| public or private high school or institution of higher education; | ||
| (I) a library card; | ||
| (J) a Texas Department of Criminal Justice | ||
| document indicating release or parole; | ||
| (K) a fishing or hunting license; | ||
| (L) a lease or mortgage for real property; | ||
| (M) a motor vehicle title; | ||
| (N) an insurance certificate, policy | ||
| declaration, or other document demonstrating proof of insurance; | ||
| (O) a letter from a public or private school or | ||
| institution of higher education; | ||
| (P) a personal check; | ||
| (Q) an official Native American tribal document | ||
| that is issued by a tribe that is federally recognized and located | ||
| in this state; | ||
| (R) a blood donor card; | ||
| (S) a public transportation card; | ||
| (T) a property tax assessment; | ||
| (U) a form prescribed by the Internal Revenue | ||
| Service; | ||
| (V) a letter from a public conservator, | ||
| court-appointed guardian, or trustee; | ||
| (W) a letter of confirmation of residence, letter | ||
| of stay, admission form, or statement of benefits from: | ||
| (i) a student residence; | ||
| (ii) a nursing home or other long-term care | ||
| facility or a retirement center; | ||
| (iii) a shelter; or | ||
| (iv) a soup kitchen; | ||
| (X) a document listed in Subdivision (1), (2), or | ||
| (3); or | ||
| (Y) another government document containing the | ||
| voter's name. | ||
| SECTION 4. Section 63.011(b), Election Code, is amended to | ||
| read as follows: | ||
| (b) A form for an affidavit required by this section must be | ||
| printed on an envelope in which the provisional ballot voted by the | ||
| person may be placed and must include: | ||
| (1) a space for entering the identification number of | ||
| the provisional ballot voted by the person; and | ||
| (2) a space for an election officer to indicate | ||
| whether the person presented [ |
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| Section 63.001(b) in a form described by Section 63.0101. | ||
| SECTION 5. Section 65.0541(a), Election Code, is amended to | ||
| read as follows: | ||
| (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 day | ||
| after the date of the election: | ||
| (1) present [ |
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| Section 63.001(b) in a form described by Section 63.0101 to the | ||
| voter registrar for examination; or | ||
| (2) execute an affidavit described by Section | ||
| 65.054(b)(2)(B) or (C) in the presence of the voter registrar. | ||
| SECTION 6. Section 86.006(a-1), Election Code, is amended | ||
| to read as follows: | ||
| (a-1) The voter may deliver a marked ballot in person to the | ||
| early voting clerk's office only while the polls are open on | ||
| election day. A voter who delivers a marked ballot in person must | ||
| present identification required by Section 63.001(b) in a [ |
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| SECTION 7. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
