SB2057 - Relating to requiring a person to submit proof of citizenship to register to vote; creating criminal offenses.

  89R2573 PRL-D     By: Parker S.B. No. 2057       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 Subsection (a-1) 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.          SECTION 2.  Section 13.072, Election Code, is amended by   amending Subsection (a) 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.           (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 3.  Subchapter C, Chapter 13, Election Code, is   amended by adding Section 13.0721 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 on a form produced by the United States Election   Assistance Commission 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 the following,   provided the county 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 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.           (c)     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.           (d)     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; and                 (2)  notify the applicant that:                       (A)     the registrar could not verify that the   applicant is a United States citizen; and                       (B)     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).           (e)     The registrar shall record the efforts made to verify an   applicant's citizenship status as required by this section.           (f)     A person commits an offense if the person knowingly or   intentionally:                 (1)     fails to attempt to verify the citizenship status   of an applicant as required under Subsection (a); and                 (2)     causes the applicant to be registered and it is   later determined that the applicant was not a United States citizen   at the time of registration.           (g)  An offense under this section is a state jail felony.           (h)     This section does not apply to an applicant registering   to vote under Section 101.055.          SECTION 4.  Section 13.121(a), Election Code, is amended to   read as follows:          (a)  The officially prescribed application form for   registration by mail must be in the form of [ a ] business reply mail   [ postcard ], unless another form or system is used under Subsection   (b), with postage paid by the state.  The secretary of state shall   design the form to enhance the legibility of its contents.          SECTION 5.  Section 13.122(a), Election Code, is amended to   read as follows:          (a)  In addition to the other statements and spaces for   entering information that appear on an officially prescribed   registration application form, each official form must include:                (1)  the statement: "I understand that giving false   information to procure a voter registration is perjury and a crime   under state and federal law.";                (2)  a space for the applicant's registration number;                (3)  a space for the applicant's Texas driver's license   number or number of a personal identification card issued by the   Department of Public Safety;                (4)  a space for the applicant's telephone number;                (5)  a space for the applicant's social security   number;                (6)  a space for the applicant's sex;                (7)  a statement indicating that the furnishing of the   applicant's telephone number and sex is optional;                (8)  a space or box for indicating whether the   applicant or voter is submitting new registration information or a   change in current registration information;                (9)  a statement instructing a voter who is using the   form to make a change in current registration information to enter   the voter's name and the changed information in the appropriate   spaces on the form;                (10)  a statement that if the applicant declines to   register to vote, that fact will remain confidential and will be   used only for voter registration purposes;                (11)  a statement that if the applicant does register   to vote, information regarding the agency or office to which the   application is submitted will remain confidential and will be used   only for voter registration purposes;                (12)  a space or box for indicating whether the   applicant is interested in working as an election judge;                (13)  a statement warning that a conviction for making   a false statement may result in imprisonment for up to the maximum   amount of time provided by law, a fine of up to the maximum amount   provided by law, or both the imprisonment and the fine;                 (14)     a statement that the applicant shall submit to   the registrar a copy of one of the following documents:                       (A)     a United States passport or passport card   issued to the person;                       (B)     a certified copy of a birth certificate   issued by a United States state or territory, or the District of   Columbia;                       (C)     United States citizenship papers issued to   the person;                       (D)     identification issued by the agency of the   United States responsible for citizenship and immigration; or                       (E)     for citizens born abroad, a certificate of   report of birth or consular report of birth abroad issued by the   United States Department of State; and                 (15)  [ (14) ]  any other voter registration information   required by federal law or considered appropriate and required by   the secretary of state.        [Text truncated for display. 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