HB3367 - Relating to the eligibility to vote in an election.

  89R2698 PRL-D     By: Morgan H.B. No. 3367       A BILL TO BE ENTITLED   AN ACT   relating to the eligibility to vote in an election.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 15.022(a), Election Code, is amended to   read as follows:          (a)  The registrar shall make the appropriate corrections in   the registration records, including, if necessary, deleting a   voter's name from the suspense list:                (1)  after receipt of a notice of a change in   registration information under Section 15.021;                (2)  after receipt of a voter's reply to a notice of   investigation given under Section 16.033;                (3)  after receipt of any affidavits executed under   Section 63.006, following an election;                (4)  [ after receipt of a voter's statement of residence   executed under Section 63.0011;                [ (5) ]  before the effective date of the abolishment of   a county election precinct or a change in its boundary;                 (5)  [ (6) ]  after receipt of United States Postal   Service information indicating an address reclassification;                 (6)  [ (7) ]  after receipt of a voter's response under   Section 15.053;                 (7)  [ (8) ]  after receipt of a registration application   or change of address under Chapter 20; or                 (8)  [ (9) ]  after notification of a data entry error of   which the voter registrar is made aware under Section 63.0051.          SECTION 2.  Section 15.025(a), Election Code, is amended to   read as follows:          (a)  Except as provided by Subsections (b) and (d), the   registration of a voter described by this subsection whose   information is changed on the registration records becomes   effective as to the change on the 30th day after:                (1)  the date the voter submits to the registrar a   notice of a change in registration information under Section 15.021   or a response under Section 15.053, indicating the change; or                (2)  the date the voter submits [ a statement of   residence to an election officer under Section 63.0011 or ] a   registration application or change of address to an agency employee   under Chapter 20, indicating the change.          SECTION 3.  Section 15.052(a), Election Code, is amended to   read as follows:          (a)  The officially prescribed form for a confirmation   notice must include:                (1)  [ a statement that, if the voter fails to submit to   the registrar a written, signed response confirming the voter's   current residence on or before the 30th day after the date the   confirmation notice is mailed:                      [ (A)     the voter is subject to submission of a   statement of residence before the voter may be accepted for voting   in an election held after that deadline; or                      [ (B)     for a notice delivered under Section 14.023,   the voter will remain subject to submission of a statement of   residence before the voter may be accepted for voting in an   election;                [ (2) ]  a warning that the voter's registration is   subject to cancellation if the voter fails to confirm the voter's   current residence [ either ] by notifying the registrar in writing   [ or voting on a statement of residence ] before November 30   following the second general election for state and county officers   that occurs after the date the confirmation notice is mailed; and                 (2)  [ (3) ]  a statement that the voter must include all   of the required information on the official confirmation notice   response form.          SECTION 4.  Section 16.092, Election Code, is amended to   read as follows:          Sec. 16.092.  SWORN STATEMENT REQUIRED.  A voter desiring to   challenge a registration must file with the registrar a sworn   statement of the grounds for the challenge that:                (1)  identifies the voter whose registration is being   challenged; and                (2)  states a specific qualification for registration   that the challenged voter has not met based on the personal   knowledge of the voter desiring to challenge the registration ,   including knowledge obtained through publicly available   information .          SECTION 5.  Sections 63.001(b) and (e), Election Code, are   amended to read as follows:          (b)   On [ Except as provided by Subsection (h), on ] offering   to vote, a voter must present to an election officer at the polling   place a driver's license or personal identification card issued to   the person by the Department of Public Safety that has not expired   [ :                [ (1)     one form of photo identification listed in   Section 63.0101(a); or                [ (2)     one form of identification listed in Section   63.0101(b) accompanied by the declaration described by Subsection   (i) ].          (e)  On accepting a voter, an election officer shall indicate   beside the voter's name on the list of registered voters that the   voter is accepted for voting.  [ If the voter executes a declaration   of reasonable impediment to meet the requirement for identification   under Subsection (b), the election officer must affix the voter's   voter registration number to the declaration either in numeric or   bar code form. ]          SECTION 6.  Sections 63.0011(a) and (b), Election Code, are   amended to read as follows:          (a)  Before a voter may be accepted for voting, an election   officer shall :                 (1)   ask the voter to state [ if ] the voter's current   residence address ; and                   (2)     compare the address stated by the voter to the   voter's residence address listed on :                       (A)   the precinct list of registered voters ; and                       (B)     a driver's license or personal   identification card issued to the person by the Department of   Public Safety that has not expired [ is current and whether the voter   has changed residence within the county.   If the voter's address is   omitted from the precinct list under Section 18.005(c), the officer   shall ask the voter if the voter's residence, if listed, on   identification presented by the voter under Section 63.001(b) is   current and whether the voter has changed residence within the   county ].          (b)  If the voter's residence address provided under   Subsection (a) does not match the address on the precinct list of   registered voters or the address listed on the voter's driver's   license or personal identification card [ is not current because the   voter has changed residence within the county ], the voter may be   accepted for provisional voting only under Section 63.011 [ vote,   if otherwise eligible, in the election precinct in which the voter   is registered if the voter resides in the county in which the voter   is registered and, if applicable:                [ (1)     resides in the political subdivision served by   the authority ordering the election if the political subdivision is   other than the county; or                [ (2)     resides in the territory covered by the election   in a less-than-countywide election ordered by the governor or a   county authority ].          SECTION 7.  Section 63.004(a), Election Code, is amended to   read as follows:          (a)  The secretary of state may prescribe forms that combine   the poll list, the signature roster, or any other form used in   connection with the acceptance of voters at polling places with   each other or with the list of registered voters.  The secretary   shall prescribe any special instructions necessary for using the   combination forms.  [ The combination forms must include space for   an election officer to indicate whether a voter executed a   declaration of reasonable impediment under Section 63.001(i). ]          SECTION 8.  Sections 63.011(a) and (b), Election Code, are   amended to read as follows:          (a)  A person to whom Section 63.001(g) , 63.0011(b), or   63.009 applies may cast a provisional ballot if the person executes   an affidavit stating that the person:                (1)  is a registered voter in the precinct in which the   person seeks to vote; and                (2)  is eligible to vote in the election.          (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 ].          SECTION 9.  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 a form of identification that meets the   requirements of [ described by ] Section 63.001(b) [ 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 10.  Section 66.0241, Election Code, is amended to   read as follows:          Sec. 66.0241.  CONTENTS OF ENVELOPE NO. 4.  Envelope no. 4   must contain:                (1)  the precinct list of registered voters;                (2)  the registration correction list; and                (3)  [ any statements of residence executed under   Section 63.0011; and                [ (4) ]  any affidavits executed under Section 63.006 or   63.011.          SECTION 11.  Sections 84.002(a) and (b-1), Election Code,   are amended to read as follows:         &#xA [Text truncated for display. 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