By: Hughes, et al. S.B. No. 16     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 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 before 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.