Bill Text: TX HB3686 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the duties of the secretary of state relating to voter registration.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-19 - Referred to Elections [HB3686 Detail]

Download: Texas-2019-HB3686-Introduced.html

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86R10681 ATP-D
By: Middleton H.B. No. 3686

A BILL TO BE ENTITLED
AN ACT
relating to the duties of the secretary of state relating to voter
registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.001, Election Code, is amended to
read as follows:
Sec. 12.001. DESIGNATION OF SECRETARY OF STATE AS VOTER
REGISTRAR. (a) The secretary of state is the voter registrar of
every county for the purpose of the registration of voters and
maintenance of the list of registered voters. The voter registrar
designated under Subsection (b) is the voter registrar for all
other purposes.
(b) Except as provided by Subsection (a), the [The] county
tax assessor-collector is the voter registrar for the county unless
the position of county elections administrator is created or the
county clerk is designated as the voter registrar.
(c) A reference in this code to the voter registrar, as
related to voter registration duties, means the secretary of state.
(d) The secretary of state may adopt rules for the
transition of the voter registration duties of the voter registrars
under this code to the secretary of state.
SECTION 2. Section 13.071, Election Code, is amended to
read as follows:
Sec. 13.071. REVIEW OF APPLICATION. (a) The secretary of
state [registrar] shall review each submitted application for
registration to determine whether it complies with Section 13.002
and indicates that the applicant is eligible for registration.
(b) The secretary of state [registrar] shall make the
determination not later than the seventh day after the date the
application is submitted to the secretary of state [registrar].
SECTION 3. Sections 13.072(a), (b), and (c), Election Code,
are amended to read as follows:
(a) The secretary of state [Unless the registrar challenges
the applicant, the registrar] shall approve the application if:
(1) the secretary of state [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 verifies:
(A) the applicant's Texas driver's license number
or number of a personal identification card issued by the
Department of Public Safety; or
(B) the last four digits of the applicant's
social security number.
(b) After approval of an application by an applicant who was
registered in another county at the time of application, the
secretary of state [registrar] shall update the statewide voter
registration list to reflect [deliver written notice of the
applicant's change of residence to the other county's registrar and
include in the notice] the applicant's change in county of [name,
former] residence [address, and former registration number, if
known].
(c) If [Except as provided by Subsection (d), if] the
secretary of state [registrar] determines that an application does
not comply with Section 13.002 or does not indicate that the
applicant is eligible for registration, the secretary of state
[registrar] shall reject the application.
SECTION 4. 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. If the department verifies the applicant's
citizenship status, the secretary of state may approve the
applicant's application. 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
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
secretary of state 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 secretary of state shall reject the application.
(f) The secretary of state shall adopt rules and prescribe
procedures to implement this section.
SECTION 5. Section 13.143(a), Election Code, is amended to
read as follows:
(a) Except as provided by Subsection [Subsections] (b) [and
(e)], if an applicant's registration application is approved, the
registration becomes effective on the 30th day after the date the
application is approved [submitted to the registrar] or on the date
the applicant becomes 18 years of age, whichever is later.
SECTION 6. Sections 18.043(a) and (c), Election Code, are
amended to read as follows:
(a) The [At the times prescribed by the] secretary of
state[, the registrar] shall produce [deliver to the secretary] a
statement containing the voter registration information determined
[by the secretary] to be necessary to comply with reporting
requirements prescribed under federal law.
(c) The secretary of state [registrar] shall maintain the
information required for the statements in accordance with
procedures prescribed by this section [the secretary of state].
SECTION 7. Section 18.066(b), Election Code, is amended to
read as follows:
(b) Information furnished under this section may not
include:
(1) a voter's social security number; or
(2) the residence address of a voter who is a federal
judge or state judge, as defined by Section 13.0021, or the spouse
of a federal judge or state judge, if the voter included an
affidavit with the voter's registration application under Section
13.0021 or the [applicable] registrar has received an affidavit
submitted under Section 15.0215.
SECTION 8. 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 Subchapter A, Chapter 16, and
Section 18.062 [Section 16.001] of this code and Section 62.113,
Government Code, to the statewide computerized voter registration
list.
(a-1) If the secretary determines from information received
under Subsection (a) that a voter on the registration list may be
ineligible to vote [is deceased or has been excused or disqualified
from jury service because the voter is not a citizen], the secretary
shall determine under this section whether the voter is ineligible
to vote [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 determining [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 secretary of
state [county] shall investigate whether the voter is that [the]
individual [who is deceased].
(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) The secretary of state shall conduct a review under this
section of every voter whose voter registration is effective on
September 1, 2019. This subsection expires January 1, 2021.
SECTION 9. Section 20.008, Election Code, is amended to
read as follows:
Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE [OR
REGISTRAR]. If a question arises concerning voter registration
that an agency employee cannot answer, the employee shall provide
the person[:
[(1)] the toll-free telephone number of the Elections
Division of the Office of the Secretary of State[; and
[(2) the telephone number of the voter registrar to
whom registration applications are submitted].
SECTION 10. Sections 20.033, 20.034, and 20.035, Election
Code, are amended to read as follows:
Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO
EMPLOYEE. The date of submission of a completed registration
application to the agency employee is considered to be the date of
submission to the secretary of state [voter registrar] for the
purpose of determining the effective date of registration only.
Sec. 20.034. SUBMISSION TO SECRETARY OF STATE [REGISTRAR]
BY APPLICANT. (a) The applicant may keep the registration
application form or the completed application to submit the
application personally to the secretary of state [voter registrar].
(b) The agency employee shall enter on the declination of
registration form a notation that after being given the opportunity
to register, the applicant kept the application or application form
for personal submission of the application to the secretary of
state [registrar].
Sec. 20.035. DELIVERY OF APPLICATIONS TO SECRETARY OF STATE
[REGISTRAR]. (a) The agency shall deliver to the secretary of
state [voter registrar of the county in which the agency office is
located] each completed registration application submitted to an
agency employee.
(b) An application shall be delivered to the secretary of
state [registrar] not later than the fifth day after the date the
application is submitted to the employee.
SECTION 11. Section 20.037(c), Election Code, is amended to
read as follows:
(c) An application form delivered by mail must be
accompanied by a notice informing the applicant that the
application may be submitted in person or by mail to the secretary
of state [voter registrar of the county in which the applicant
resides or in person to a volunteer deputy registrar for delivery to
the voter registrar of the county in which the applicant resides].
SECTION 12. 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 13. Section 20.122(c), Election Code, is amended to
read as follows:
(c) The application forms must be accompanied by a notice
informing the licensees that the applications may be submitted in
person or by mail to the secretary of state [voter registrar of the
county in which they reside or in person to a volunteer deputy
registrar for delivery to the voter registrar of the county in which
they reside].
SECTION 14. Section 112.012, Election Code, is amended to
read as follows:
Sec. 112.012. NOTIFICATION TO SECRETARY OF STATE [VOTER
REGISTRAR]. Not later than the 30th day after receipt of an
application for a limited ballot, the early voting clerk shall
notify the secretary of state [voter registrar for the voter's
former county of residence] that the voter has applied for a limited
ballot.
SECTION 15. The following provisions of the Election Code
are repealed:
(1) Section 12.005;
(2) Section 12.006;
(3) Subchapter B, Chapter 13;
(4) Section 13.072(d);
(5) Section 13.121(c);
(6) Sections 13.143(d), (d-1), (d-2), and (e);
(7) Section 15.083;
(8) Section 18.012;
(9) Section 18.061(c);
(10) Section 18.064;
(11) Section 18.065; and
(12) Sections 20.065(a) and (c).
SECTION 16. This Act takes effect September 1, 2019.