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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a voter to present proof of identification. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.058(a), Election Code, is amended to |
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read as follows: |
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(a) While on duty, a watcher may not: |
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(1) converse with an election officer regarding the |
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election, except to call attention to an irregularity or violation |
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of law; |
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(2) converse with a voter; or |
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(3) communicate in any manner with a voter regarding |
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the election, or any related voting procedures. |
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SECTION 2. Section 63.001, Election Code, is amended by |
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amending Subsections (b), (c), and (d) and adding Subsections (c-1) |
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and (i) to read as follows: |
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(b) Except as provided by Subsection (h), on offering to |
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vote, a voter must present to an election officer at the polling |
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place: |
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(1) one form of photo identification listed in |
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[described by] Section 63.0101(a); or |
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(2) one form of identification listed in Section |
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63.0101(b) accompanied by the affidavit described by Subsection (i) |
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[63.0101]. |
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(c) On presentation of the documentation required under |
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Subsection (b), an election officer shall determine whether the |
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voter's name on the documentation is on the list of registered |
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voters for the precinct. If in making a determination under this |
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subsection the election officer determines under standards adopted |
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by the secretary of state that the voter's name on the documentation |
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is substantially similar to but does not match exactly with the name |
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on the list, the voter shall be accepted for voting under Subsection |
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(d) if the voter submits an affidavit stating that the voter is the |
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person on the list of registered voters. An election officer may |
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not refuse to accept an affidavit presented under Subsection (b)(2) |
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unless there is conclusive evidence that the voter executing the |
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affidavit is not the person in whose name the ballot is cast. |
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(c-1) An election officer may not refuse to accept |
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documentation presented to meet the requirements of Subsection (b) |
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solely because the address on the documentation does not match the |
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address on the list of registered voters. |
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(d) If, as determined under Subsection (c), the voter's name |
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is on the precinct list of registered voters and the voter's |
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identity can be verified from the documentation presented under |
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Subsection (b), the voter shall be accepted for voting. An election |
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officer may not question the reasonableness of an impediment sworn |
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to by a voter in an affidavit described by Subsection (i). |
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(i) If the requirement for identification prescribed by |
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Subsection (b)(1) is not met, an election officer shall notify the |
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voter that the voter may be accepted for voting if the voter meets |
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the requirement for identification prescribed by Subsection (b)(2) |
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and executes an affidavit under penalty of perjury declaring the |
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voter has a reasonable impediment to meeting the requirement for |
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identification prescribed by Subsection (b)(1). The election |
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officer may not question or challenge a voter concerning the |
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voter's lack of identification under Subsection (b)(1) or the |
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voter's reasonable impediment. The secretary of state shall |
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prescribe the following form of the affidavit: |
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REASONABLE IMPEDIMENT DECLARATION |
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TO BE COMPLETED BY VOTER |
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Name: |
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VOTER'S DECLARATION OF REASONABLE IMPEDIMENT OR DIFFICULTY |
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By signing this declaration, I swear or affirm under penalty of |
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perjury that I am the same individual who personally appeared at the |
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polling place, that I am casting a ballot while voting in person, |
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and that I face a reasonable impediment or difficulty that prevents |
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me from getting an acceptable form of photo identification. |
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My reasonable impediment or difficulty is due to the following |
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reason(s): |
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(Check at least one box below) |
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Lack of transportation |
□ Disability or illness |
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Lack of birth certificate or other documents needed to obtain |
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acceptable photo ID |
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Work schedule |
□ Family responsibilities |
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Lost or stolen photo ID |
□ Photo ID applied for but not |
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Other reasonable impediment or difficulty |
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The reasonableness of your impediment or difficulty cannot be |
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questioned. |
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______________________________________________________________ |
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Signature of VoterDate |
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Sworn to and subscribed before me this |
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_____ day of __________, 20___ |
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Presiding Judge _______________ |
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TO BE COMPLETED BY ELECTION OFFICIAL |
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The voter provided one of the following forms of identification or |
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information: |
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Valid voter registration certificate; or |
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A copy or original of one of the following: |
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____ certified birth certificate (must be an original) |
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____ current utility bill |
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____ bank statement |
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____ government check |
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____ other government document that shows the voter's name |
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and an address (with the exception of a government |
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document containing a photograph, which must be an |
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original) |
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____ paycheck |
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Location: ____________________ |
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Date of Election: ____________________ |
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SECTION 3. Section 63.0101, Election Code, is amended to |
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read as follows: |
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Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. |
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(a) The following documentation is an acceptable form of photo |
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identification under this chapter: |
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(1) a driver's license, election identification |
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certificate, or personal identification card issued to the person |
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by the Department of Public Safety that has not expired or that |
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expired no earlier than four years [60 days] before the date of |
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presentation; |
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(2) a United States military identification card that |
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contains the person's photograph that has not expired or that |
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expired no earlier than four years [60 days] before the date of |
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presentation; |
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(3) a United States citizenship certificate issued to |
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the person that contains the person's photograph; |
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(4) a United States passport issued to the person that |
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has not expired or that expired no earlier than four years [60 days] |
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before the date of presentation; or |
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(5) a license to carry a handgun issued to the person |
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by the Department of Public Safety that has not expired or that |
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expired no earlier than four years [60 days] before the date of |
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presentation. |
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(b) The following documentation is acceptable as proof of |
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identification under this chapter: |
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(1) a government document that shows the name and |
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address of the voter, including the voter's voter registration |
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certificate; |
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(2) one of the following documents that shows the name |
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and address of the voter: |
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(A) a copy of a current utility bill; |
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(B) a bank statement; |
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(C) a government check; or |
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(D) a paycheck; or |
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(3) a certified copy of a birth certificate or other |
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document confirming birth that is admissible in a court of law and |
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establishes the person's identity. |
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SECTION 4. Section 272.011(b), Election Code, is amended to |
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read as follows: |
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(b) The secretary of state shall prepare the translation for |
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election materials required to be provided in a language other than |
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English or Spanish for the following state prescribed voter forms: |
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(1) voter registration application form required by |
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Section 13.002; |
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(2) the confirmation form required by Section 15.051; |
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(3) the voting instruction poster required by Section |
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62.011; |
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(4) the reasonable impediment affidavit required by |
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Section 63.001(b); |
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(5) the statement of residence form required by |
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Section 63.0011; |
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(6) [(5)] the provisional ballot affidavit required |
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by Section 63.011; |
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(7) [(6)] the application for a ballot by mail |
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required by Section 84.011; |
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(8) [(7)] the carrier envelope and voting |
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instructions required by Section 86.013; and |
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(9) [(8)] any other voter forms that the secretary of |
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state identifies as frequently used and for which state resources |
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are otherwise available. |
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SECTION 5. Section 521A.001(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department shall issue an election identification |
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certificate to a person who states that the person is obtaining the |
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certificate for the purpose of satisfying Section 63.001(b), |
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Election Code, and does not have another form of identification |
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described by Section 63.0101(a) [63.0101], Election Code, and: |
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(1) who is a registered voter in this state and |
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presents a valid voter registration certificate; or |
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(2) who is eligible for registration under Section |
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13.001, Election Code, and submits a registration application to |
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the department. |
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SECTION 6. This Act takes effect September 1, 2017. |