HB614 - Relating to the procedures for voting after changing residence to another county.

  89R1513 MLH-F     By: Bucy H.B. No. 614       A BILL TO BE ENTITLED   AN ACT   relating to the procedures for voting after changing residence to   another county.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 12, Election Code, is   amended by adding Section 12.007 to read as follows:           Sec.   12.007.     CERTAIN ELECTION OFFICERS ARE VOTER   REGISTRARS.   An election officer serving a polling place is a deputy   voter registrar and has the same authority as a regular deputy   registrar.          SECTION 2.  Section 15.002(a), Election Code, is amended to   read as follows:          (a)  A voter registration certificate may contain an   explanation of the voter's rights or duties under this code,   including:                (1)  the procedure by which the voter will receive a   renewal certificate;                (2)  the necessity of notifying the registrar if the   voter changes residence;                (3)  the necessity of applying for a new registration   if the voter changes residence to another county;                (4)  the procedure for voting [ period during which the   voter may vote a limited ballot ] after changing residence to   another county;                (5)  the procedure for voting without a certificate;   and                (6)  the procedure for obtaining a replacement for a   lost or destroyed certificate.          SECTION 3.  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 63.007 [ 112.012 ] that the   voter has voted  [ applied for ] a provisional [ 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 4.  Chapter 63, Election Code, is amended by adding   Section 63.007 to read as follows:           Sec.   63.007.     PROVISIONAL VOTING FOR VOTER WHO CHANGED   COUNTY OF RESIDENCE. (a) After changing residence to another   county, a person shall be accepted for provisional voting under   this section if:                 (1)     the person would have been eligible to vote in the   county of former residence on election day if still residing in that   county;                 (2)     the person is registered to vote in the county of   former residence at the time the person:                       (A)     offers to vote in the county of new   residence; or                       (B)     submitted a voter registration application   in the county of new residence;                 (3)     a voter registration for the person in the county   of new residence is not effective on or before election day; and                 (4)     the person offers to vote in the person's new   county of residence:                       (A)     at any polling place during the early voting   period;                       (B)     at any polling place on election day if the   county participates in the program under Section 43.007; or                         (C)     at the polling place of the precinct in which   the person resides on election day if the county does not   participate in the program under Section 43.007.           (b)     Not later than the 30th day after the election, the   voter registrar shall notify the voter registrar for the voter's   former county of residence that the voter was accepted for voting   under this section.          SECTION 5.  Section 63.011, Election Code, is amended by   adding Subsection (a-2) and amending Subsections (b), (b-1), and   (c) to read as follows:           (a-2)     A person to whom Section 63.007 applies may cast a   provisional ballot if the person would be eligible to vote in the   election, but for the requirement to be a registered voter, and   executes an affidavit stating:           "I am currently registered to vote in _________ (insert name   of county) County and have not cast a ballot in that county in this   election. I understand that doing so is a felony of the second   degree under Section 64.012, Election Code."          (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 a form of identification described by   Section 63.0101 ; and                 (3)     for a provisional ballot voted by the person under   Section 63.007, a space for entering:                       (A)     the precinct number of the precinct in which   the voter voted; and                       (B)     the name of the county in which the voter is   registered to vote .          (b-1)  The affidavit form shall [ may ] include space for   disclosure of any necessary information to enable the person to   register to vote under Chapter 13.  The secretary of state shall   prescribe the form of the affidavit under this section.          (c)  After executing the affidavit, the person shall be given   a provisional ballot for the election. An election officer shall   record the number of the ballot and, if applicable, the precinct   number on the space provided on the affidavit.          SECTION 6.  Section 65.054, Election Code, is amended by   amending Subsection (b) and adding Subsection (b-1) to read as   follows:          (b)   Except as provided by Subsection (b-1), a  [ A ]   provisional ballot shall be accepted if the board determines that:                (1)  from the information in the affidavit or contained   in public records, the person is eligible to vote in the election   and has not previously voted in that election;                (2)  the person:                      (A)  meets the identification requirements of   Section 63.001(b) at the time the ballot was cast or in the period   prescribed under Section 65.0541;                      (B)  notwithstanding Chapter 110, Civil Practice   and Remedies Code, executes an affidavit under penalty of perjury   that states the voter has a religious objection to being   photographed and the voter has consistently refused to be   photographed for any governmental purpose from the time the voter   has held this belief; or                      (C)  executes an affidavit under penalty of   perjury that states the voter does not have any identification   meeting the requirements of Section 63.001(b) as a result of a   natural disaster that was declared by the president of the United   States or the governor, occurred not earlier than 45 days before the   date the ballot was cast, and caused the destruction of or inability   to access the voter's identification; and                (3)  the voter has not been challenged and voted a   provisional ballot solely because the voter did not meet the   requirements for identification prescribed by Section 63.001(b).           (b-1)     A provisional ballot cast under Section 63.007 shall   be accepted if the board determines from the information in the   affidavit or contained in public records that the person:                 (1)     is registered to vote in the county of the person's   former residence;                 (2)  has not previously voted in the election; and                 (3)     is eligible to vote in the election, but for the   requirement to be a registered voter.          SECTION 7.  Section 65.055, Election Code, is amended by   adding Subsection (a-1) to read as follows:           (a-1)     If the affidavit on the envelope of a provisional   ballot accepted under Section 65.054(b-1) contains the information   necessary to enable the person to register to vote under Chapter 13,   the voter registrar shall make a copy of the affidavit under   procedures prescribed by the secretary of state. The voter   registrar shall treat the copy as an application for registration   under Chapter 13.          SECTION 8.  Section 111.001, Election Code, is amended to   read as follows:          Sec. 111.001.  RESTRICTED BALLOT.  In this subtitle,   "restricted ballot" means a ballot that is restricted to the   offices and propositions stating measures on which a person is   entitled to vote under Chapter [ 112, ] 113[ , ] or 114.          SECTION 9.  Section 111.009, Election Code, is amended to   read as follows:          Sec. 111.009.  EXCLUDING VOTER FROM PRECINCT EARLY VOTING   LIST. The name of a person [ voting a limited ballot by personal   appearance under Chapter 112 or ] to whom a [ [Text truncated for display. Full text available on Congress.gov.]