SB 16

89R33545 PRL-D
		By: Hughes, et al.
  S.B. No. 16
  (Isaac, et al.)
  Substitute the following for S.B. No. 16: 
  No.
  A BILL TO BE ENTITLED
  AN ACT
  relating to requiring a person to submit proof of citizenship to
  register to vote, including the eligibility of certain voters to
  vote a limited federal ballot if the voter cannot supply the
  required proof and the procedures for the counting of those
  ballots; 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 record the efforts made to verify the voter's
  citizenship status and investigate the eligibility of the voter
  under Section 16.0332.
         (d)  If the registrar is unable to match the registered voter
  with appropriate citizenship information, the registrar shall
  record the efforts made to verify the voter's citizenship status
  and indicate that the registrar was unable to verify the voter's
  citizenship status and that the voter is qualified to vote only a
  limited federal ballot under Chapter 115.  The registrar will
  notify the voter:
               (1)  that the registrar was unable to verify the voter's
  citizenship status;
               (2)  that the voter will be qualified to vote only a
  limited federal ballot under Chapter 115 unless the voter provides
  a proof of citizenship document required under Section 13.002(a-1);
  and
               (3)  of the procedures for submitting proof of
  citizenship to the registrar in order to be qualified to vote a full
  ballot.
         SECTION 5.  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 6.  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 information under Section 13.002(c)(8) or
  Subdivision (15) of this subsection that allows the registrar to
  verify the applicant's citizenship or 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;
               (15)  a space for the applicant's alien registration
  number, certificate of naturalization number, or certificate of
  citizenship number, if applicable to the applicant; and
               (16) [(14)]  any other voter registration information
  required by federal law or considered appropriate and required by
  the secretary of state.
         SECTION 7.  Chapter 13, Election Code, is amended by adding
  Subchapter G to read as follows:
  SUBCHAPTER G.  VERIFICATION OF CITIZENSHIP STATUS BY ATTORNEY
  GENERAL; INVESTIGATION; OFFENSE
         Sec. 13.151.  VERIFICATION OF CITIZENSHIP STATUS.  (a)  The
  secretary of state and each county registrar shall:
               (1)  make available to the attorney general a list of
  all persons who are registered to vote and who have not provided
  proof of citizenship as required by Section 13.002(a-1) or had the
  person's citizenship verified under Section 13.0721; and
               (2)  provide to the attorney general the voter
  registration applications of persons described by Subdivision (1).
         (b)  Not later than the 30th day after the date a county
  registrar receives a voter registration application for a person
  who has not provided proof of citizenship as required by Section
  13.002(a-1), the secretary of state and the county voter registrar
  shall provide to the attorney general the voter registration
  application.
         (c)  After receiving a voter registration application under
  Subsection (a) or (b), the attorney general shall use all available
  resources to verify the citizenship status of the applicant and at a
  minimum compare the information available on the voter registration
  application with the databases described by Section 13.0721(a).
         (d)  The secretary of state shall provide to the attorney
  general access and any assistance necessary to satisfy the
  requirements of this section.
         Sec. 13.152.  REPORT.  (a)  Not later than March 31, 2026,
  the attorney general shall prepare and submit to the secretary of
  state, the lieutenant governor, and the speaker of the house of
  representatives a report detailing all findings relating to the
  citizenship status of persons who are registered to vote and who
  have not provided a proof of citizenship document required under
  Section 13.002(a-1).
         (b)  This section expires April 1, 2026.
         Sec. 13.153.  ILLEGAL REGISTRATION.  (a)  A person commits an
  offense if the person:
               (1)  knowingly or intentionally applies to register as
  a voter in this state; and
               (2)  is not a United States citizen.
         (b)  An offense under this section is a state jail felony.
         Sec. 13.154.  PROSECUTION BY ATTORNEY GENERAL.  If a
  district attorney, criminal district attorney, or county attorney
  fails to prosecute conduct constituting an offense under Section
  13.153 within 180 days after discovering a person engaged in the
  conduct, the attorney general shall prosecute the offense.
         SECTION 8.  Section 15.021, Election Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  A voter who has previously provided proof of citizenship
  as required by Section 13.002(a-1) or has been verified as a United
  States citizen under Section 13.0721(b) is not required to provide
  proof of citizenship when submitting an update, change, or
  correction to the voter's registration information.
         SECTION 9.  Subchapter B, Chapter 15, Election Code, is
  amended by adding Section 15.0211 to read as follows:
         Sec. 15.0211.  NOTATION FOR DETERMINATION OF BALLOT.  (a)  
  The registrar shall enter the notation "F", or a similar notation
  approved by the secretary of state, on the list of registered voters
  beside the name of each voter whose United States citizenship has
  not been verified.
         (b)  The registrar shall delete the notation from the list if
  the voter provides proof of citizenship in accordance with Section
  13.002(a-1) or is verified as a United States citizen under Section
  13.0721.
         SECTION 10.  Chapter 63, Election Code, is amended by adding
  Section 63.007 to read as follows:
         Sec. 63.007.  LIMITED FEDERAL BALLOT VOTER.  A voter whose
  name is on the precinct list of registered voters with an "F" beside
  the voter's name shall only be accepted for voting a limited federal
  ballot under Chapter 115.
         SECTION 11.  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, or 115.
         SECTION 12.  Subtitle C, Title 7, Election Code, is amended
  by adding Chapter 115 to read as follows:
  CHAPTER 115.  VOTING LIMITED FEDERAL BALLOT
         Sec. 115.001.  ELIGIBILITY.  A person is eligible to vote a
  limited federal ballot by personal appearance during the early
  voting period or on election day if:
               (1)  the person has registered to vote under Chapter
  13;
               (2)  the person has not provided proof of citizenship
  as required by Section 13.002(a-1); and
               (3)  the county registrar is unable to match the person
  with appropriate citizenship information under Section 13.0721.
         Sec. 115.002.  PROCEDURE FOR VOTING BY PERSONAL APPEARANCE.
  (a)  A voter who votes a limited federal ballot shall place the
  marked ballot in a sealed envelope designed for limited federal
  ballots.  The presiding judge shall place the sealed envelope in a
  locked, sealed container that is designated specifically for
  limited federal ballots.
         (b)  The presiding judge shall provide a notice prescribed by
  the secretary of state to a voter who votes a limited federal ballot
  under Subsection (a).  The notice must inform the voter that:
               (1)  because the voter registrar was unable to verify
  the voter's citizenship status, the voter is qualified to vote only
  a limited federal ballot under this chapter;
               (2)  the voter must provide proof of citizenship to the
  voter registrar not later than the sixth day after election day in
  order for a voter's limited federal ballot to be counted as a full
  ballot; and
               (3)  if the voter does not provide proof of citizenship
  to the voter registrar during the period described by Subdivision
  (2), then only the races for the offices of United States senator or
  United States representative on the voter's ballot will be counted.
         (c)  The early voting clerk shall deliver the container
  containing the limited federal ballots cast during the period for
  early voting by personal appearance and its key to the voter
  registrar at the end of the period for early voting by personal
  appearance.
         (d)  The presiding judge shall deliver the container
  containing the limited federal ballots cast on election day and its
  key to the voter registrar on election night. 
         Sec. 115.003.  VOTER REGISTRAR REVIEW OF LIMITED FEDERAL
  BALLOTS.  (a)  If a voter presents proof of citizenship to the voter
  registrar not later than the sixth day after the date of the
  election, then the voter registrar shall indicate on the sealed
  envelope that the voter has provided proof of citizenship under
  Section 13.002(a-1) and is entitled to a full ballot.  The voter
  registrar shall indicate on the voter's registration record that
  the voter has provided proof of citizenship.
         (b)  If a voter fails to present proof of citizenship to the
  voter registrar by the deadline prescribed by Subsection (a), then
  the voter registrar shall indicate on the sealed envelope that the
  voter has not provided proof of citizenship and is entitled to vote
  for the offices of United States senator or United States
  representative only.
         (c)  If a voter notifies the voter registrar that the voter
  is not a United States citizen, then the voter registrar will notate
  on the sealed envelope that the limited federal ballot is canceled.  
  The registrar will retain the sealed envelope for the duration of
  the preservation period for precinct election records and shall
  cancel the voter's voter registration.
         (d)  The voter registrar will deliver the container
  containing the limited federal ballots that have been reviewed by
  the registrar to the presiding judge of the early voting ballot
  board.
         (e)  The registrar shall deliver the container containing
  the limited federal ballots to the presiding judge of the early
  voting ballot board on a rolling basis.  The first delivery of
  limited federal ballots to the early voting ballot board must be
  made not later than election day.  The last delivery of limited
  federal ballots to the early voting ballot board must be made not
  later than the last day for the early voting ballot board to meet
  after election day under Section 87.125.
         Sec. 115.004.  EARLY VOTING BALLOT BOARD REVIEW OF LIMITED
  FEDERAL BALLOTS.  (a)  The early voting ballot board shall separate
  the sealed envelopes for voters who have qualified for full ballots
  under Section 115.003(a) from the sealed envelopes for voters who
  are qualified to vote only for the offices of United States senator
  or United States representative under Section 115.003(b).
         (b)  The early voting ballot board will remove the ballots
  from the sealed envelopes and place the ballots that are qualified
  as full ballots in separate containers from the ballots that are
  restricted to only the offices of United States senator or United
  States representative.
         (c)  The early voting ballot board will count each race on
  the ballots that are qualified as full ballots.
         (d)  The early voting ballot board will only count the races
  of United States senator and United States representative on the
  ballots that are restricted to those offices.  The early voting
  ballot board will strike through the remaining races on the ballot
  to indicate that those races cannot be counted.
         (e)  The early voting ballot board will count the ballots as
  follows:
               (1)  for ballots to be counted manually, in the manner
  provided by Subchapter D, Chapter 87; and
               (2)  for ballots to be counted by automatic tabulating
  equipment, in the manner provided by Subchapter F, Chapter 87.
         (f)  The early voting ballot board will deliver the returns
  of limited federal ballots, the limited federal ballots, and other
  records to the general custodian of election records for
  preservation.  The records shall be preserved for the duration of
  the period for preserving precinct election records.
         Sec. 115.005.  NOTICE OF OUTCOME TO VOTER.  (a)  Not later
  than the 10th day after the local canvass, the presiding judge of
  the early voting ballot board shall deliver written notice to a
  voter who submits a ballot under this chapter regarding whether:
               (1)  the ballot was counted as a full ballot;
               (2)  the ballot was counted as a ballot restricted to
  the offices of United States senator and United States
  representative; or 
               (3)  the ballot could not be counted.
         (b)  A notice under Subsection (a)(1) must include a
  statement that all races on the voter's ballot were counted because
  the voter provided proof of citizenship as required by this
  chapter.
         (c)  A notice under Subsection (a)(2) must include:
               (1)  a statement that only the voter's selections for
  offices of United States senator and United States representative
  on the voter's ballot were counted because the voter did not provide
  proof of citizenship as required by this chapter; and 
               (2)  instructions to the voter for providing proof of
  citizenship to the registrar required by Section 13.002(a-1) in
  order to receive a full ballot for future elections.
         (d)  A notice under Subsection (a)(3) must include:
               (1)  a statement that the voter's ballot was not able to
  be counted because the voter provided information to the registrar
  that the voter is not a United States citizen; and
               (2)  a statement that the voter's registration has been
  canceled.
         SECTION 13.  As soon as practicable after the effective date
  of this Act, the secretary of state shall adopt rules necessary to
  implement the changes in law made by this Act.
         SECTION 14.  (a)  Not later than January 1, 2026, the
  secretary of state shall request that the federal Election
  Assistance Commission alter the mail voter registration
  application form requirements described in the National Voter
  Registration Act of 1993 (52 U.S.C. Section 20501 et seq.) to
  include a requirement that applicants submit documented proof of
  citizenship as a condition to registration in Texas.
         (b)  If the federal Election Assistance Commission fails to
  comply with the secretary of state's request under Subsection (a)
  of this section before the 180th day following the date of that
  request, the attorney general shall seek enforcement in a court of
  law.
         SECTION 15.  This Act takes effect September 1, 2025.