SB 16 amends the Texas Election Code to require individuals who wish to register to vote to submit documented proof of United States citizenship. The bill modifies Section 13.002 of the Election Code by adding subsections (a-1) and (a-2), which outline acceptable forms of documentation. These include a U.S. passport, birth certificate, citizenship papers, federal identification related to immigration status, or for those born abroad, a consular report of birth abroad. The bill also applies to individuals registering through the Department of Public Safety (DPS) under Chapter 20, allowing them to submit the required documentation directly to DPS.
In addition, the bill creates a new Section 13.0391, requiring volunteer deputy registrars to notify applicants that proof of citizenship will be required if their citizenship status cannot be verified through the state's identification systems. This provision aims to ensure that applicants are aware of their obligation and the types of documents that will fulfill it.
The legislation effectively adds a new verification step to the voter registration process in Texas, focusing on ensuring that only U.S. citizens are permitted to vote. The bill reflects a growing emphasis on election integrity by requiring documentary proof of citizenship at the time of registration rather than relying solely on sworn affirmations or indirect database verifications.
The Committee Substitute for SB 16 and the original filed version both aim to require proof of U.S. citizenship for voter registration in Texas. However, there are several important differences between them in terms of scope, enforcement mechanisms, and the complexity of implementation.
The original version included extensive provisions for enforcement, verification, and tracking. It not only mandated proof of citizenship at the point of registration but also set up a comprehensive verification regime for existing registrants. This included requiring county registrars to cross-reference various federal and state databases to verify citizenship and limiting voters whose citizenship couldn't be verified to voting only a "limited federal ballot." It also created criminal offenses for voter registration without verification, imposed felony penalties on election officials for non-compliance, and gave investigatory powers to the Attorney General with provisions for prosecution. Additionally, the bill amended multiple sections of the Election Code to formalize the limited ballot process and mandated markings in the voter rolls for unverified voters.
In contrast, the Committee Substitute significantly narrows the bill. It retains the core requirement that new applicants provide one of a set of documents proving citizenship but eliminates many of the original's more sweeping measures. The substitute bill removes the broader verification mandates for existing voters, the felony criminal penalties for officials, and the complex framework for limited ballot voting. It instead focuses on the application process itself, requiring applicants to submit proof or allow the Department of Public Safety to verify their documents if registering through DPS. It also requires volunteer deputy registrars to inform applicants of the proof-of-citizenship requirement but explicitly bars them from handling the documents themselves.
In summary, the Committee Substitute streamlines SB 16, making it less punitive and less administratively burdensome than the original version. While it still mandates documentary proof of citizenship for registration, it drops many of the enforcement and retroactive verification mechanisms that were included in the introduced version. This makes the substitute version more narrowly tailored and likely more practical to implement.