89R1037 MPF-D     By: Schofield H.B. No. 951       A BILL TO BE ENTITLED   AN ACT   relating to requiring a voter to be affiliated with a political   party to vote in that party's primary election or otherwise   participate in that party's affairs; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 13.002(c), Election Code, is amended to   read as follows:          (c)  A registration application must include:                (1)  the applicant's first name, middle name, if any,   last name, and former name, if any;                (2)  the month, day, and year of the applicant's birth;                (3)  a statement that the applicant is a United States   citizen;                (4)  a statement that the applicant is a resident of the   county;                (5)  a statement that the applicant has not been   determined by a final judgment of a court exercising probate   jurisdiction to be:                      (A)  totally mentally incapacitated; or                      (B)  partially mentally incapacitated without the   right to vote;                (6)  a statement that the applicant has not been   finally convicted of a felony or that the applicant is a felon   eligible for registration under Section 13.001;                (7)  the applicant's residence address or, if the   residence has no address, the address at which the applicant   receives mail and a concise description of the location of the   applicant's residence;                (8)  the following information:                      (A)  the applicant's Texas driver's license number   or the number of a personal identification card issued by the   Department of Public Safety;                      (B)  if the applicant has not been issued a number   described by Paragraph (A), the last four digits of the applicant's   social security number; or                      (C)  a statement by the applicant that the   applicant has not been issued a number described by Paragraph (A) or   (B);                (9)  if the application is made by an agent, a statement   of the agent's relationship to the applicant; [and]                (10)  the city and county in which the applicant   formerly resided; and                (11)  the applicant's political party affiliation, if   any.          SECTION 2.  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; [and]                (14)  a space for the applicant's political party   affiliation; and                (15)  any other voter registration information   required by federal law or considered appropriate and required by   the secretary of state.          SECTION 3.  Section 15.001(a), Election Code, is amended to   read as follows:          (a)  Each voter registration certificate issued must   contain:                (1)  the voter's name in the form indicated by the   voter, subject to applicable requirements prescribed by Section   13.002 and by rule of the secretary of state;                (2)  the voter's residence address or, if the residence   has no address, the address at which the voter receives mail and a   concise description of the location of the voter's residence;                (3)  the year of the voter's birth;                (4)  the number of the county election precinct in   which the voter resides;                (5)  the voter's effective date of registration if an   initial certificate;                (6)  the voter's registration number;                (7)  an indication of the period for which the   certificate is issued;                (8)  a statement explaining the circumstances under   which the voter will receive a new certificate;                (9)  a space for indicating [stamping] the voter's   political party affiliation;                (10)  a statement that voting with the certificate by a   person other than the person in whose name the certificate is issued   is a felony;                (11)  a space for the voter's signature;                (12)  a statement that the voter must sign the   certificate personally, if able to sign, immediately on receipt;                (13)  a space for the voter to correct the information   on the certificate followed by a signature line;                (14)  the statement: "If any information on this   certificate changes or is incorrect, correct the information in the   space provided, sign below, and return this certificate to the   voter registrar.";                (15)  the registrar's mailing address and telephone   number; and                (16)  the jurisdictional or distinguishing number for   the following territorial units in which the voter resides, as   determined by the voter registrar:                      (A)  congressional district;                      (B)  state senatorial district;                      (C)  state representative district;                      (D)  commissioners precinct;                      (E)  justice precinct;                      (F)  city election precinct; and                      (G)  school district election precinct.          SECTION 4.  Section 15.025(a), Election Code, is amended to   read as follows:          (a)  Except as provided by Subsections (b) and (d) and   Section 162.003, 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 5.  Section 18.005(a), Election Code, is amended to   read as follows:          (a)  Each original and supplemental list of registered   voters must:                (1)  contain the voter's name, date of birth, and   registration number as provided by the statewide computerized voter   registration list;                (2)  contain the voter's residence address, except as   provided by Subsections (b) and (c);                (3)  be arranged alphabetically by voter name; [and]                (4)  contain the notation required by Section 15.111;   and                (5)  contain the voter's political party affiliation,   if any.          SECTION 6.  Section 63.011(a), Election Code, is amended to   read as follows:          (a)  A person to whom Section 63.001(g), [or] 63.009, or   172.1115(c) 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.          SECTION 7.  Section 112.002, Election Code, is amended by   adding Subsection (g) to read as follows:          (g)  If the voter seeks a limited ballot for a party primary   election, the voter must indicate the political party the voter was   affiliated with at the address where the voter was previously   registered on the statement executed under Subsection (c). If the   early voting clerk can establish the voter's affiliation from the   previous registration, the voter is entitled to vote a limited   ballot in that party's primary.          SECTION 8.  Section 142.004(a), Election Code, is amended to   read as follows:          (a)  To be entitled to a place on the general election   ballot, a candidate must:                (1)  make an application for a place on the ballot; and                (2)  not be affiliated with a political party at the   time the application is made.          SECTION 9.  Section 142.008, Election Code, is amended to   read as follows:          Sec. 142.008.  STATEMENT ON PETITION. The following   statement must appear at the top of each page of a candidate's   petition: "I know the purpose of this petition. I am not   affiliated with a political party that holds a primary election   [have not voted in the general primary election or runoff primary   election of any political party that has nominated, at either   election, a candidate for the office of (insert office title) for   which (insert candidate's name) is a candidate]."          SECTION 10.  Section 142.009, Election Code, is amended to   read as follows:          Sec. 142.009.  PETITION TO BE CIRCULATED AFTER PRIMARY. A   signature on a candidate's petition is invalid if the signer:                (1)  signed the petition on or before general primary   election day or, if a runoff primary is held for the office sought   by the candidate, on or before runoff primary election day; or                (2)  is affiliated with a political party that holds a   primary election [voted in the general or runoff primary election   of a political party that made a nomination, at either primary, for   the office sought by the candidate].          SECTION 11.  Section 161.005(a), Election Code, is amended   to read as follows:          (a)  To be eligible to be a candidate for or to serve as an   officer of a political party, a person must:                (1)  except as provided by Subsection (c), not be a   candidate for nomination or election to, or be the holder of, an   elective office of the federal, state, or county government; and                (2)  if the office is a county or precinct chair of a   political party, be a qualified voter of the county and affiliated   with that political party.          SECTION 12.  Section 162.001(a), Election Code, is amended   to read as follows:          (a)  A person must be affiliated with a political party to be   eligible:                (1)  to serve as a delegate to or otherwise participate   in a convention held by the party under this code;                (2)  to be elected as a member of or be appointed to   fill a vacancy on a state executive committee;                (3)  to be appointed to fill a vacancy on a county   executive committee;                (4)  to vote in the party's primary election;                (5)  to be a candidate in the party's primary election;                (6)  to be the party's nominee for an office elected at   the general election for state and county officers;                (7)  to be a presidential elector for the political   party; or                (8) [(4)]  for any other purpose within the party as   adopted by state party rules.          SECTION 13.  Section 162.003, Election Code, is amended to   read as follows:          Sec. 162.003.  AFFILIATION PROCEDURE [BY VOTING IN PRIMARY].   (a) A person becomes affiliated with a political party by notifying   the registrar of the person's affiliation [when the person:                [(1)  is accepted to vote in the party's primary   election; or                [(2)  returns an early voting or limited primary ballot   voted by mail].          (b)  At the time a person registers to vote the person may:                (1)  affiliate with a political party that holds a   primary election or a political party that makes its nominations by   convention regardless of whether the party has a state   organization; or                (2)  indicate no affiliation with any political party.          (c)  A registered voter who does not indicate an affiliation   with a political party of this state shall be listed as   "independent" on the voter's registration certificate and on the   list of registered voters.          (d)  A registered voter may change the voter's affiliation   status by notifying the registrar as provided by Section 15.021.          (e)  An affiliation under this section takes effect on the   following second Monday in December.          (e-1)  A person may affiliate with a party when the person is   accepted to vote in the party's primary election. This subsection   expires September 1, 2026.          (f)  A person may also indicate a party affiliation at the   time the person submits a federal postcard application under   Chapter 101.          (g)  The secretary of state shall prescribe any additional   procedures necessary to implement this section.          SECTION 14.  Section 162.010(a), Election Code, is amended   to read as follows:          (a)  A [Except as provided by Subsection (b), a] party   affiliation expires on cancellation of a voter's registration or at   the time a change in affiliation takes effect under Section 162.003    [at the end of the voting year in which the person became   affiliated].          SECTION 15.  Section 162.013, Election Code, is amended to   read as follows:          Sec. 162.013.  VOID VOTE. A vote in a primary election is   void if the voter is not affiliated with the political party holding   the primary [previously voted in a primary election of another   party or participated in a convention of another party during the   same voting year].          SECTION 16.  Sections 162.014(a), (c), and (d), Election   Code, are amended to read as follows:          (a)  A person commits an offense if the person knowingly   votes or attempts to vote in a primary election or participates or   attempts to participate in a convention of a party without being   affiliated with that party [after having voted in a primary   election or participated in a convention of another party during   the same voting year].          (c)  An offense under this section is a felony of the second   degree if the conduct constituting an offense under Subsection (a)   consists of knowingly voting in a primary election of a party   without being affiliated with that party [after having voted in a   primary election of another party during the same voting year].          (d)  An offense under this section is a state jail felony if   the conduct constituting an offense under Subsection (a) consists   of knowingly attempting to vote in a primary election of a party   without being affiliated with that party [after having voted in a   primary election of another party during the same voting year].          SECTION 17.  Section 162.017(e), Election Code, is amended   to read as follows:          (e)  The preregistration process must [include the statement   described by Section 162.004(a) and] require a preregistering   attendee who is not affiliated with the party to affiliate with the   party in accordance with Section 162.003 [by taking the oath   described in Section 162.007(b)].          SECTION 18.  Section 172.021, Election Code, is amended by   amending Subsection (b) and adding Subsections (b-3) and (d-1) to   read as follows:          (b)  In [An application must, in] addition to complying with   Section 141.031, an application must:                (1)  indicate that, at the time of the application, the   applicant is affiliated with the political party whose nomination   for office the candidate seeks; and                (2)  be accompanied by the appropriate filing fee or a   petition in lieu of the filing fee that satisfies the requirements   prescribed by Section 141.062. [A political party may not require   payment of a fee as a condition to applying for a place on the ballot   as a candidate for county chair or precinct chair.]          (b-3)  A political party may not require payment of a fee   under this section as a condition to applying for a place on the   ballot as a candidate for county chair or precinct chair.          (d-1)  A signature on a petition under this section is not   valid if at the time of signing the signer is affiliated with a   political party other than the party whose nomination for office   the candidate seeks. A signature on a petition under this section   is valid for purposes of this subsection if at the time of signing   the signer is unaffiliated with a political party.          SECTION 19.  Section 172.026, Election Code, is amended to   read as follows:          Sec. 172.026.  RESTRICTION ON PETITION SIGNER. On signing a   petition to be filed under Section 172.021, the signer becomes   ineligible to affiliate with [vote in a primary election or   participate in a convention of] another political party during the   voting year in which the primary election is held.          SECTION 20.  Section 172.027, Election Code, is amended to   read as follows:          Sec. 172.027.  STATEMENT ON PETITION. The following   statement must appear at the top of each page of a petition to be   filed under Section 172.021: "I know that the purpose of this   petition is to entitle (insert candidate's name) to have his or her   name placed on the ballot for the office of (insert office title,   including any place number or other distinguishing number) for the   (insert political party's name) primary election. I understand   that by signing this petition I become ineligible to affiliate with   another political party or to vote [in a primary election] or   participate in a primary election or convention of another party,   including a party not holding a primary election, during the voting   year in which this primary election is held."          SECTION 21.  Section 172.086, Election Code, is amended to   read as follows:          Sec. 172.086.  PLEDGE ON BALLOT. The following pledge shall   be placed on the primary election ballot above the listing of   candidates' names: "I am a (insert appropriate political party)   and understand that I am ineligible to affiliate with another   political party or to vote or participate in another political   party's primary election or convention during this voting year."          SECTION 22.  Section 172.088(c), Election Code, is amended   to read as follows:          (c)  A petition signer may not at the time of signing be   affiliated with another political party. A political party by rule   may provide for permitting voters who are not affiliated with any   political party to be eligible to sign a petition under this section    [restricting petition signers on the basis of party alignment or   preference].          SECTION 23.  Effective September 1, 2026, Subchapter E,   Chapter 172, Election Code, is amended by adding Section 172.1115   to read as follows:          Sec. 172.1115.  AFFILIATION WITH PARTY REQUIRED. (a) The   signature roster for a primary election must state at the top of   each page "A person commits a criminal offense if the person   knowingly votes in a primary election or participates in a   convention of a party without being affiliated with that party."          (b)  Except as provided by Subsection (c), a person may not   be accepted for voting in a primary election of a political party   unless:                (1)  the list of registered voters indicates that the   person is affiliated with that political party; or                (2)  the voter's registration certificate indicates   that the voter is affiliated with that political party.          (c)  A person who seeks to vote in a primary election but   cannot establish the person's party affiliation under Subsection   (b) may be accepted only for provisional voting under Section   63.011.          SECTION 24.  Section 172.126(g), Election Code, is amended   to read as follows:          (g)  A separate set of ballot boxes or other suitable   containers approved by the secretary of state shall be used for each   party's primary, except that one set of ballot boxes or other   containers may be used in a joint primary using an electronic voting   system in which the ballots are deposited by the voters directly   into a unit of automatic tabulating equipment. [The lists of   registered voters and the voters' registration certificates shall   be marked and stamped to show the appropriate party affiliation for   each voter.] A separate list of registered voters shall be used for   each party's primary. The secretary of state by rule shall   prescribe requirements to ensure that one party's ballot is readily   distinguished from another's, which may include the use of   different colors of ink.          SECTION 25.  Sections 181.006(f) and (g), Election Code, are   amended to read as follows:          (f)  The following statement must appear at the top of each   page of the petition: "I know that the purpose of this petition is   to entitle the _______ Party to have its nominees placed on the   ballot in the general election for state and county officers. I am   not affiliated with another political party. [I have not voted in a   primary election or participated in a convention of another party   during this voting year, and I understand that I become ineligible   to do so by signing this petition.] I understand that signing more   than one petition to entitle a party to have its nominees placed on   the general election ballot in the same election is prohibited."          (g)  A person who is affiliated with another political party   [has voted in a primary election or participated in a convention of   another party during the voting year in which the petition is   circulated] is ineligible to sign the petition, and the signature   of such a person is invalid.          SECTION 26.  Section 181.031(a), Election Code, is amended   to read as follows:          (a)  To be entitled to be considered for nomination by a   convention held under this chapter, a person must:                (1)  make an application for nomination; and                (2)  be affiliated with the political party whose   nomination for office the candidate seeks.          SECTION 27.  Section 181.065, Election Code, is amended to   read as follows:          Sec. 181.065.  PARTICIPANT TO BE AFFILIATED WITH PARTY   [REGISTERED VOTER]. To be eligible to participate in a precinct   convention held under this chapter, a person must be affiliated   with the political party [a registered voter of the precinct or a   precinct resident who is eligible to vote a limited ballot].          SECTION 28.  Section 182.0041(a), Election Code, is amended   to read as follows:          (a)  To be entitled to be considered for nomination by a   convention held under this chapter, a person must:                (1)  make an application for nomination; and                (2)  be affiliated with the political party whose   nomination for office the candidate seeks.          SECTION 29.  Sections 192.032(f) and (g), Election Code, are   amended to read as follows:          (f)  The following statement must appear at the top of each   page of the petition: "I am not affiliated with a political party   that has held [did not vote this year in] a presidential primary   election this year."          (g)  A signature on the petition is invalid if the signer:                (1)  signs the petition on or before the date of the   presidential primary election in the presidential election year; or                (2)  is affiliated with a political party that has held   [voted in] a presidential primary election during the presidential   election year.          SECTION 30.  Section 203.011, Election Code, is amended to   read as follows:          Sec. 203.011.  PARTY ALIGNMENT ON BALLOT. The party   alignment of each candidate shall be printed on the official ballot   next to the candidate's name. If a candidate is affiliated with a   political party, that party shall be printed next to the   candidate's name regardless of the party alignment provided on the   application under Section 203.005(b).          SECTION 31.  The following provisions of the Election Code   are repealed:                (1)  Section 162.001(b);                (2)  Sections 162.004, 162.005, 162.006, 162.007,   162.008, and 162.009;                (3)  Section 162.010(b);                (4)  Sections 162.011, 162.012, and 172.1141;                (5)  Section 172.115(c); and                (6)  Section 172.125.          SECTION 32.  (a) Not later than October 1, 2025, the voter   registrar of each county shall mail to each registered voter in the   county notice of the affiliation requirement necessary to vote in a   party primary election or to participate in the affairs of a   political party. The notice must:                (1)  inform the voter that to vote in a party primary   election or to otherwise participate in the affairs of a political   party the voter must be affiliated with that party;                (2)  inform the voter of the process of affiliation   with the voter registrar and state that if a voter does not provide   an affiliation, the voter's next registration certificate will   indicate that the voter is "independent" and unable to vote in a   party's primary;                (3)  include a postage paid postcard that may be   returned to the voter registrar to indicate the voter's   affiliation; and                (4)  be in the form prescribed by the secretary of   state.          (b)  If a registered voter does not indicate a party   affiliation before December 11, 2025, the voter registrar shall   list the voter's initial affiliation status as "independent." A   person whose initial affiliation status is established as   independent under this subsection may affiliate with a political   party, notwithstanding Section 162.001(a), Election Code, as   amended by this Act, by voting in a primary election in 2026.          (c)  The change in law made by Section 18.005(a), Election   Code, as amended by this Act, requiring that each list of registered   voters must indicate the political affiliation of each voter   applies only to a list of registered voters produced by a voter   registrar on or after December 11, 2025.          (d)  The change in law made by Section 15.001(a), Election   Code, as amended by this Act, requiring that each voter   registration certificate must indicate the political affiliation   of the voter applies only to a certificate effective for voting on   or after January 1, 2026.          SECTION 33.  Except as otherwise provided by this Act, this   Act takes effect September 1, 2025.