Texas Senate Bill- 1070 introducing a Private Sector Data System to identify voters, passed by the House of Representatives

The House of Representatives for the State of Texas on 23-05-2023 passed SB-1070 amending Section 18.062 of the Election Code. Under new Amendment as envisaged by the SB-1070, new provisions have been added, however the focus has been on introduction of a Private Sector Data System to identify voters. So far, the Senate Bill has the approval of the House, it is yet to pass the scrutiny by the Governor, upon whose approval this Bill will be converted into Law¹. If approved, the law will then come into effect on 01-09-2023.

Section 18.062 of Election Code as it stands now²

Interstate Voter Registration Crosscheck Programme.

(a) To maintain the state-wide voter registration list and to prevent duplication of registration in more than one state or jurisdiction, the secretary of state shall cooperate with other states and jurisdictions to develop systems to compare voters, voter history, and voter registration lists to identify voters whose addresses have changed.

(b) A system developed under this section must comply with the National Voter Registration Act (52 U.S.C. Section 20501 et seq.)

Important Additions and Changes in Section 18.062 after SB 1070 Amendments³

As per new provision (a-1), in order to prevent duplication of registration in more than one state or jurisdiction the Secretary of State must cooperate not only to compare voters, voter history, and voter registration lists to identify voters whose addresses have changed, but also identify – Voters who have been convicted of a felony; or Voters who are registered to vote in more than one State.

Introducing a Private Data System to identify voters-

• Under newly added provision (a-2) the Secretary of State will also have to identify and contract with the provider of a private sector data system to identify voters.

• Furthermore, such private sector data system must have demonstrated an ability to work with registered voter identification and matching systems.

• A private system so developed must comply with the National Voter Registration Act of 1993 (52 U.S.C. Section 20501 et seq.) and the Help America Vote Act of 2002 (52 U.S.C. Section 20901 et seq).

• The Secretary of State may not provide to a system under Subsection (a)(2) any information that is not:

  (1) found in a voter roll; and

  (2) necessary to identify voters under Subsection (a)(2).

• The Secretary of State shall record information related to the system under Sub-section (a)(2) and shall submit to the legislature a report on that information not later than the first day of each quarter of the state’s fiscal year.

• A contract with a system under Sub-section (a)(2) may not require any additional duty of the state not required by this section.