HB5337 - Relating to requiring a person to submit proof of citizenship to register to vote; creating criminal offenses.

  89R25881 PRL-F     By: Isaac, et al. H.B. No. 5337     Substitute the following for H.B. No. 5337:     By:  Shaheen C.S.H.B. No. 5337       A BILL TO BE ENTITLED   AN ACT   relating to requiring a person to submit proof of citizenship to   register to vote; creating criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 13.002, Election Code, is amended by   amending Subsection (a) and adding Subsections (a-1) and (a-2) to   read as follows:          (a)  A person desiring to register to vote must submit an   application and proof of citizenship as required under Subsection   (a-1) to the registrar of the county in which the person resides.     Except as provided by Subsection (e), an application must be   submitted by personal delivery, by mail, or by telephonic facsimile   machine in accordance with Sections 13.143(d) and (d-2).           (a-1)     A person desiring to register to vote shall submit to   the registrar a copy of one of the following documents:                 (1)     a United States passport or passport card issued   to the person;                 (2)     a certified copy of a birth certificate issued by a   United States state or territory, or the District of Columbia;                 (3)     United States citizenship papers issued to the   person;                 (4)     identification issued by the agency of the United   States responsible for citizenship and immigration; or                 (5)     for citizens born abroad, a certificate of report   of birth or consular report of birth abroad issued by the United   States Department of State.           (a-2)     An applicant registering to vote under Subchapter C,   Chapter 20, may satisfy the requirements of Subsection (a-1) by   providing the proof of citizenship required under Subsection (a-1)   to the Department of Public Safety.          SECTION 2.  Subchapter B, Chapter 13, Election Code, is   amended by adding Section 13.0391 to read as follows:           Sec.   13.0391.     PROOF OF CITIZENSHIP REQUIREMENTS. (a) On   receipt of a registration application, a volunteer deputy registrar   shall provide the applicant with a written notice that includes a   statement that:                 (1)     if the applicant's citizenship status cannot be   verified using the applicant's identification number provided   under Section 13.002(c)(8), the applicant must provide proof of   citizenship to the registrar under Section 13.002(a-1); and                 (2)     if the applicant does not provide the required   proof of citizenship, the applicant will be qualified to vote only a   limited federal ballot under Chapter 115.           (b)     The notice described by Subsection (a) may be included   in the receipt provided to the voter under Section 13.040.           (c)     A volunteer deputy registrar may not receive a voter's   proof of citizenship documentation under Section 13.002(a-1).           (d)     The voter registrar shall provide training to the   volunteer deputy registrar regarding the requirements of this   section using training materials prescribed by the secretary of   state.          SECTION 3.  Section 13.072, Election Code, is amended by   amending Subsections (a) and (c) and adding Subsections (f) and (g)   to read as follows:          (a)   Except as provided by Section 13.0721, and unless     [ 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; or                      (B)  the last four digits of the applicant's   social security number ; and                 (3)     for an applicant who has not submitted proof of   citizenship required under Section 13.002(a-1), the registrar   verifies that the person is a United States citizen through the   verification process described by Section 13.0721 .          (c)  Except as provided by Subsection (d) and Section   13.0721 , if the registrar determines that an application does not   comply with Section 13.002 or does not indicate that the applicant   is eligible for registration, the registrar shall reject the   application.           (f)     A person commits an offense if the person knowingly   fails to reject an application as required under Subsection (c).           (g)  An offense under this section is a state jail felony.          SECTION 4.  Subchapter C, Chapter 13, Election Code, is   amended by adding Sections 13.0721, 13.0722, and 13.0723 to read as   follows:           Sec.   13.0721.     VERIFICATION OF CITIZENSHIP BY REGISTRAR.   (a)   Not later than the 10th day after the date an application for   registration is submitted to the registrar without a proof of   citizenship document required under Section 13.002(a-1), the   registrar shall use all available resources to verify the   citizenship status of the applicant and at a minimum shall compare   the information available on the application with information   relevant to citizenship provided to the registrar by the secretary   of state from the following databases, provided the secretary of   state has access:                 (1)     the Department of Public Safety's electronic   databases;                 (2)  the Social Security Administration databases;                 (3)     the United States Citizenship and Immigration   Services Systematic Alien Verification for Entitlements Program,   if practicable;                 (4)     a national association for public health   statistics and information systems electronic verification of   vital events system; and                 (5)     any other federal, state, or other political   subdivision database and any other database relating to voter   registration to which the registrar has access.           (b)     The secretary of state is authorized to contract with an   entity that governs a database described by Subsections (a)(1)-(5)   for purposes of verifying an applicant's citizenship and shall   provide the information in the contracted databases to a registrar   for the purpose of verifying citizenship.           (c)     Notwithstanding the requirement to submit documentation   under Section 13.002(a-1), the registrar shall approve the   application if the registrar matches the applicant with information   that verifies the applicant is a United States citizen and is   otherwise eligible for registration under this chapter.           (d)     If the registrar matches the applicant with information   that the applicant is not a United States citizen, the registrar   shall:                 (1)  reject the application;                 (2)     notify the applicant that the application was   rejected because the applicant is not a United States citizen; and                 (3)     forward the application to the county attorney and   attorney general for investigation under Subchapter G.           (e)     If the registrar is unable to match the applicant with   appropriate citizenship information, the registrar shall:                 (1)     approve the application only for voting a limited   federal ballot under Chapter 115;                 (2)  notify the applicant:                       (A)     that the registrar could not verify that the   applicant is a United States citizen;                       (B)     that the applicant will be qualified to vote   only a limited federal ballot under Chapter 115 unless the   applicant provides a proof of citizenship document required under   Section 13.002(a-1); and                       (C)     of the procedures for submitting proof of   citizenship to the registrar in order to qualify for a full ballot.           (f)     The registrar shall record the efforts made to verify an   applicant's citizenship status as required by this section.           (g)     A person commits an offense if the person knowingly or   intentionally:                 (1)     registers an applicant to vote without the   verification required under Subsection (a); and                 (2)     causes an applicant who is not a United States   citizen to be registered.           (h)  An offense under this section is a state jail felony.           Sec.   13.0722.     LIMITATION ON VOTER QUALIFICATION. (a) An   individual who fails to submit proof of citizenship under Section   13.002(a-1) to the registrar and who is unable to be verified as a   United States citizen under Section 13.0721 is only qualified to   vote a limited federal ballot under Chapter 115.           (b)     An individual who is qualified to vote only a limited   federal ballot under Chapter 115 may remove the limitation imposed   by this section by submitting proof of citizenship to the registrar   as required by Section 13.002(a-1) or by being verified by the   registrar as a United States citizen under Section 13.0721.           (c)     The registrar shall enter the notation "F", or a similar   notation approved by the secretary of state, on the list of   registered voters beside each voter's name who is only qualified to   vote a limited federal ballot under Chapter 115.           Sec.   13.0723.     VERIFICATION OF CITIZENSHIP FOR EXISTING   REGISTRANTS. (a) Not later than December 1, 2025, the secretary of   state shall provide information to each registrar under Section   13.0721(a) for each registered voter who registered to vote before   September 1, 2025, and who has not provided proof of citizenship   under Section 13.002.           (b)     If the registrar matches the registered voter with   information that verifies the voter is a United States citizen and   is otherwise eligible for registration under this chapter, the   registrar shall record the efforts made to verify the individual's   citizenship status and indicate that the individual was verified as   a United States citizen.           (c)     If the registrar matches the registered voter with   information that the voter is not a United States citizen, the   registrar shall recor [Text truncated for display. Full text available on Congress.gov.]