Bill Text: TX HB1802 | 2025-2026 | 89th Legislature | Introduced

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Bill Title: Relating to voter registration; creating criminal offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-09 - Filed [HB1802 Detail]

Download: Texas-2025-HB1802-Introduced.html

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89R3000 PRL-D
By: Leo Wilson H.B. No. 1802

A BILL TO BE ENTITLED
AN ACT
relating to voter registration; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002(c), Election Code, is amended to
read as follows:
(c) A registration application must include:
(1) the applicant's first name, middle name, if any,
last name, and former name, if any;
(2) the month, day, and year of the applicant's birth;
(3) a statement that the applicant is a United States
citizen;
(4) a statement that the applicant is a resident of the
county;
(5) a statement that the applicant has not been
determined by a final judgment of a court exercising probate
jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(6) a statement that the applicant has not been
finally convicted of a felony or that the applicant is a felon
eligible for registration under Section 13.001;
(7) the applicant's residence address or, if the
residence has no address, the address at which the applicant
receives mail and a concise description of the location of the
applicant's residence;
(8) [the following information:
[(A)] the applicant's Texas driver's license
number or the number of a personal identification card issued by the
Department of Public Safety;
[(B) if the applicant has not been issued a
number described by Paragraph (A), the last four digits of the
applicant's social security number; or
[(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(B);]
(9) if the application is made by an agent, a statement
of the agent's relationship to the applicant; and
(10) the city and county in which the applicant
formerly resided.
SECTION 2. Subchapter A, Chapter 13, Election Code, is
amended by adding Section 13.0071 to read as follows:
Sec. 13.0071. ILLEGAL REGISTRATION. (a) A person commits
an offense if the person knowingly or intentionally:
(1) applies to register as a voter in this state; and
(2) is not a United States citizen.
(b) An offense under this section is a felony of the second
degree.
(c) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 3. Section 13.072, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Unless the registrar challenges the applicant, the
registrar shall approve the application if:
(1) the registrar determines that an application
complies with Section 13.002 and indicates that the applicant is
eligible for registration; [and]
(2) [for an applicant who has not included a statement
described by Section 13.002(c)(8)(C),] the registrar verifies with
the secretary of state [:
[(A)] the applicant's Texas driver's license
number or number of a personal identification card issued by the
Department of Public Safety; and
(3) the registrar verifies the applicant's citizenship
[or
[(B) the last four digits of the applicant's
social security number].
(a-1) The secretary of state shall prescribe any procedures
necessary to verify the citizenship of an applicant as required
under Subsection (a)(3).
SECTION 4. Section 13.122(a), Election Code, is amended to
read as follows:
(a) In addition to the other statements and spaces for
entering information that appear on an officially prescribed
registration application form, each official form must include:
(1) the statement: "I understand that giving false
information to procure a voter registration is perjury and a crime
under state and federal law.";
(2) a space for the applicant's registration number;
(3) a space for the applicant's Texas driver's license
number or number of a personal identification card issued by the
Department of Public Safety;
(4) a space for the applicant's telephone number;
(5) [a space for the applicant's social security
number;
[(6)] a space for the applicant's sex;
(6) [(7)] a statement indicating that the furnishing
of the applicant's telephone number and sex is optional;
(7) [(8)] a space or box for indicating whether the
applicant or voter is submitting new registration information or a
change in current registration information;
(8) [(9)] a statement instructing a voter who is using
the form to make a change in current registration information to
enter the voter's name and the changed information in the
appropriate spaces on the form;
(9) [(10)] a statement that if the applicant declines
to register to vote, that fact will remain confidential and will be
used only for voter registration purposes;
(10) [(11)] a statement that if the applicant does
register to vote, information regarding the agency or office to
which the application is submitted will remain confidential and
will be used only for voter registration purposes;
(11) [(12)] a space or box for indicating whether the
applicant is interested in working as an election judge;
(12) [(13)] a statement warning that a conviction for
making a false statement may result in imprisonment for up to the
maximum amount of time provided by law, a fine of up to the maximum
amount provided by law, or both the imprisonment and the fine; and
(13) [(14)] any other voter registration information
required by federal law or considered appropriate and required by
the secretary of state.
SECTION 5. Section 16.031(a), Election Code, is amended to
read as follows:
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section 13.072(b), 15.021, or
18.0681(d) or a response under Section 15.053 that the voter's
residence is outside the county;
(2) an abstract of the voter's death certificate under
Section 16.001(a) or an abstract of an application indicating that
the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's
total mental incapacity, partial mental incapacity without the
right to vote, conviction of a felony, or disqualification under
Section 16.002, 16.003, or 16.004;
(4) notice under Section 112.012 that the voter has
applied for a limited ballot in another county;
(5) notice from a voter registration official in
another state that the voter has registered to vote outside this
state;
(6) notice from the early voting clerk under Section
101.053 that a federal postcard application submitted by an
applicant states a voting residence address located outside the
registrar's county; or
(7) notice from the secretary of state that the voter
has registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the Department of Public Safety [or social
security number].
SECTION 6. Sections 84.002(a) and (b-1), Election Code, are
amended to read as follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(1-a) for an applicant registered to vote under Chapter
13 before September 1, 2025, the following information:
(A) the number of the applicant's driver's
license, election identification certificate, or personal
identification card issued by the Department of Public Safety;
(B) if the applicant has not been issued a number
described by Paragraph (A), the last four digits of the applicant's
social security number; or
(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(B);
(1-b) for an applicant registered to vote under Chapter
13 on or after September 1, 2025, the number of the applicant's
driver's license, election identification certificate, or personal
identification card issued by the Department of Public Safety;
(2) for an application for a ballot to be voted by mail
on the ground of absence from the county of residence, the address
outside the applicant's county of residence to which the ballot is
to be mailed;
(3) for an application for a ballot to be voted by mail
on the ground of age or disability, the address of the hospital,
nursing home or other long-term care facility, or retirement
center, or of a person related to the applicant within the second
degree by affinity or the third degree by consanguinity, as
determined under Chapter 573, Government Code, if the applicant is
living at that address and that address is different from the
address at which the applicant is registered to vote;
(4) for an application for a ballot to be voted by mail
on the ground of confinement in jail, the address of the jail or of a
person related to the applicant within the degree described by
Subdivision (3);
(5) for an application for a ballot to be voted by mail
on any ground, an indication of each election for which the
applicant is applying for a ballot;
(6) an indication of the ground of eligibility for
early voting; and
(7) for an application for a ballot to be voted by mail
on the ground of involuntary civil commitment, the address of the
facility operated by or under contract with the Texas Civil
Commitment Office or of a person related to the applicant within the
degree of consanguinity described by Subdivision (3).
(b-1) A person may use the number of a driver's license,
election identification certificate, or personal identification
card that has expired for the purpose of fulfilling the requirement
under Subsection (a)(1-a) or (1-b) if the license or identification
is otherwise valid.
SECTION 7. Section 84.011(a), Election Code, is amended to
read as follows:
(a) The officially prescribed application form for an early
voting ballot must include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's voter
registration number and county election precinct of registration,
with a statement informing the applicant that failure to furnish
that information does not invalidate the application;
(3-a) a space for entering the information required
under Section 84.002(a)(1-a) or (1-b); and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant applying on the
ground of absence from the county of residence to indicate the date
on or after which the applicant can receive mail at the address
outside the county;
(B) a space for indicating the fact that an
applicant whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone
number, with:
(i) a statement informing the applicant
that failure to furnish that information does not invalidate the
application; and
(ii) a statement prescribed by the
secretary of state explaining the benefits of furnishing that
information, including how that information assists the early
voting clerk;
(D) a space or box for an applicant applying on
the ground of age or disability to indicate that the address to
which the ballot is to be mailed is the address of a facility or
relative described by Section 84.002(a)(3), if applicable;
(E) a space or box for an applicant applying on
the ground of confinement in jail or involuntary civil commitment
to indicate that the address to which the ballot is to be mailed is
the address of a relative described by Section 84.002(a)(4) or (7),
if applicable;
(F) a space for an applicant applying on the
ground of age or disability to indicate if the application is an
application under Section 86.0015;
(G) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(H) a statement informing the applicant of the
condition prescribed by Section 81.005; and
(I) a statement informing the applicant of the
requirement prescribed by Section 86.003(c).
SECTION 8. Section 84.014, Election Code, is amended to
read as follows:
Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN
APPLICATIONS. (a) If an applicant provides a date of birth or [,]
driver's license number [, or social security number] on the
applicant's application for an early voting ballot to be voted by
mail that is different from or in addition to the information
maintained by the voter registrar in accordance with Title 2, the
early voting clerk shall notify the voter registrar. The voter
registrar shall update the voter's record with the information
provided by the applicant.
(b) This subsection applies only to an applicant registered
to vote under Chapter 13 before September 1, 2025. If an applicant
provides a social security number on the applicant's application
for an early voting ballot to be voted by mail that is different
from the information maintained by the voter registrar in
accordance with Title 2, the early voting clerk shall notify the
voter registrar. The voter registrar shall update the voter's
record with the information provided by the applicant.
SECTION 9. Sections 86.001(f) and (f-1), Election Code, are
amended to read as follows:
(f) If the information required under Section
84.002(a)(1-a) or (1-b) included on the application does not
identify the same voter identified on the applicant's application
for voter registration under Section 13.002(c)(8), the clerk shall
reject the application.
(f-1) If an application is rejected under Subsection (f),
the clerk shall provide notice of the rejection in accordance with
Subsection (c). The notice must include information regarding the
ability to correct or add information required under Section
84.002(a)(1-a) or (1-b) through the online tool described by
Section 86.015(c).
SECTION 10. Section 86.002(g), Election Code, is amended to
read as follows:
(g) The carrier envelope must include a space that is hidden
from view when the envelope is sealed for the voter to enter the
following information:
(1) for a voter registered to vote under Chapter 13
before September 1, 2025:
(A) the number of the voter's driver's license,
election identification certificate, or personal identification
card issued by the Department of Public Safety;
(B) [(2)] if the voter has not been issued a
number described by Subdivision (1), the last four digits of the
voter's social security number; or
(C) [(3)] a statement by the applicant that the
applicant has not been issued a number described by Subdivision (1)
or (2); and
(2) for a voter registered to vote under Chapter 13 on
or after September 1, 2025, the number of the voter's driver's
license, election identification certificate, or personal
identification card issued by the Department of Public Safety.
SECTION 11. Sections 86.015(b) and (c), Election Code, are
amended to read as follows:
(b) The online tool developed or provided under Subsection
(a) must require the voter to provide, before permitting the voter
to access information described by that subsection:
(1) for a voter registered to vote under Chapter 13
before September 1, 2025:
(A) the voter's name and date of birth and the
last four digits of the voter's social security number; and
(B) [(2)] the voter's:
(i) [(A)] driver's license number; or
(ii) [(B)] personal identification card
number or election identification certificate number issued by the
Department of Public Safety; and
(2) for a voter registered to vote under Chapter 13 on
or after September 1, 2025:
(A) the voter's name and date of birth; and
(B) the voter's:
(i) driver's license number; or
(ii) personal identification card number or
election identification certificate number issued by the
Department of Public Safety.
(c) An online tool used under this section must:
(1) for each election, record:
(A) each application for a ballot to be voted by
mail received by the clerk; and
(B) each carrier envelope sent to a voter by the
clerk;
(2) for each carrier envelope, record or assign a
serially numbered and sequentially issued barcode or tracking
number that is unique to each envelope;
(3) update the applicable Internet website as soon as
practicable after each of the following events occurs:
(A) receipt by the early voting clerk of the
person's application for a ballot to be voted by mail;
(B) acceptance or rejection by the early voting
clerk of the person's application for a ballot to be voted by mail;
(C) placement in the mail by the early voting
clerk of the person's official ballot;
(D) receipt by the early voting clerk of the
person's marked ballot; and
(E) acceptance or rejection by the early voting
ballot board of a person's marked ballot; and
(4) allow a voter to add or correct information
required under Section 84.002(a)(1-a) or (1-b) or Section
86.002(g).
SECTION 12. Section 87.0271(a), Election Code, is amended
to read as follows:
(a) This section applies to an early voting ballot voted by
mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter;
(3) missing any required statement of residence;
(4) missing information or containing incorrect
information required under Section 84.002(a)(1-a) or (1-b) or
Section 86.002; or
(5) containing incomplete information with respect to
a witness.
SECTION 13. Section 87.0411(a), Election Code, is amended
to read as follows:
(a) This section applies to an early voting ballot voted by
mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter;
(3) missing any required statement of residence;
(4) missing information or containing incorrect
information required under Section 84.002(a)(1-a) or (1-b) or
Section 86.002; or
(5) containing incomplete information with respect to
a witness.
SECTION 14. Section 101.053, Election Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) If an applicant provides a date of birth or [,] driver's
license number [, or social security number] on the applicant's
federal postcard application that is different from or in addition
to the information maintained by the voter registrar in accordance
with Title 2, the early voting clerk shall notify the voter
registrar. The voter registrar shall update the voter's record
with the information provided by the applicant.
(b-1) This subsection applies only to an applicant
registered to vote before September 1, 2025. If an applicant
provides a social security number on the applicant's federal
postcard application that is different from the information
maintained by the voter registrar in accordance with Title 2, the
early voting clerk shall notify the voter registrar. The voter
registrar shall update the voter's record with the information
provided by the applicant.
SECTION 15. The following provisions of the Election code
are repealed:
(1) Section 13.004(b); and
(2) Section 13.122(c).
SECTION 16. This Act takes effect September 1, 2025.