Texas Glossary

Sec. 63.001.  REGULAR PROCEDURE FOR ACCEPTING VOTER. 
 (a)  Except as otherwise provided by this code, acceptance of voters shall be conducted as provided by this section and Section 63.0011.
(b)  Except as provided by Subsection (h), on offering to vote, a voter must present to an election officer at the polling place:
(1)  one form of photo identification listed in Section 63.0101(a); or
(2)  one form of identification listed in Section 63.0101(b) accompanied by the declaration described by Subsection (i).
(c)  On presentation of the documentation required under Subsection (b), an election officer shall determine whether the voter's name on the documentation is on the list of registered voters for the precinct.  If in making a determination under this subsection the election officer determines under standards adopted by the secretary of state that the voter's name on the documentation is substantially similar to but does not match exactly with the name on the list, the voter shall be accepted for voting under Subsection (d) if the voter submits an affidavit stating that the voter is the person on the list of registered voters.
(c-1)  An election officer may not refuse to accept documentation presented to meet the requirements of Subsection (b) solely because the address on the documentation does not match the address on the list of registered voters.
(d)  If, as determined under Subsection (c), the voter's name is on the precinct list of registered voters and the voter's identity can be verified from the documentation presented under Subsection (b), the voter shall be accepted for voting.  An election officer may not question the reasonableness of an impediment sworn to by a voter in a declaration described by Subsection (i).
(e)  On accepting a voter, an election officer shall indicate beside the voter's name on the list of registered voters that the voter is accepted for voting.  If the voter executes a declaration of reasonable impediment to meet the requirement for identification under Subsection (b), the election officer must affix the voter's voter registration number to the declaration either in numeric or bar code form.
(f)  After determining whether to accept a voter, an election officer shall return the voter's documentation to the voter.
(g)  If the requirements for identification prescribed by Subsection (b) are not met, the voter may be accepted for provisional voting only under Section 63.011.  For a voter who is not accepted for voting under this section, an election officer shall:
(1)  inform the voter of the voter's right to cast a provisional ballot under Section 63.011; and
(2)  provide the voter with written information, in a form prescribed by the secretary of state, that:
(A)  lists the requirements for identification;
(B)  states the procedure for presenting identification under Section 65.0541;
(C)  includes a map showing the location where identification must be presented; and
(D)  includes notice that if all procedures are followed and the voter is found to be eligible to vote and is voting in the correct precinct, the voter's provisional ballot will be accepted.
(h)  The requirements for identification prescribed by Subsection (b) do not apply to a voter who is disabled and presents the voter's voter registration certificate containing the indication described by Section 15.001(c) on offering to vote.
(i)  If the requirement for identification prescribed by Subsection (b)(1) is not met, an election officer shall notify the voter that the voter may be accepted for voting if the voter meets the requirement for identification prescribed by Subsection (b)(2) and executes a declaration declaring the voter has a reasonable impediment to meeting the requirement for identification prescribed by Subsection (b)(1).  A person is subject to prosecution for perjury under Chapter 37, Penal Code, or Section 63.0013 for a false statement or false information on the declaration.  The secretary of state shall prescribe the form of the declaration.  The form shall include:
(1)  a notice that a person is subject to prosecution for perjury under Chapter 37, Penal Code, or Section 63.0013 for a false statement or false information on the declaration;
(2)  a statement that the voter swears or affirms that the information contained in the declaration is true, that the person described in the declaration is the same person appearing at the polling place to sign the declaration, and that the voter faces a reasonable impediment to procuring the identification prescribed by Subsection (b)(1);
(3)  a place for the voter to indicate one of the following impediments:
(A)  lack of transportation;
(B)  lack of birth certificate or other documents needed to obtain the identification prescribed by Subsection (b)(1);
(C)  work schedule;
(D)  lost or stolen identification;
(E)  disability or illness;
(F)  family responsibilities; and
(G)  the identification prescribed by Subsection (b)(1) has been applied for but not received;
(4)  a place for the voter to sign and date the declaration;
(5)  a place for the election judge to sign and date the declaration;
(6)  a place to note the polling place at which the declaration is signed; and
(7)  a place for the election judge to note which form of identification prescribed by Subsection (b)(2) the voter presented.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1995, 74th Leg., ch. 797, Sec. 38, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 864, Sec. 54, eff. Sept. 1, 1997.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 9, eff. January 1, 2012.
Acts 2017, 85th Leg., R.S., Ch. 410 (S.B. 5), Sec. 2, eff. January 1, 2018.
                
Sec. 63.0011.  STATEMENT OF RESIDENCE REQUIRED.  
(a)  Before a voter may be accepted for voting, an election officer shall ask the voter if the voter's residence address on the precinct list of registered voters is current and whether the voter has changed residence within the county.  If the voter's address is omitted from the precinct list under Section 18.005(c), the officer shall ask the voter if the voter's residence, if listed, on identification presented by the voter under Section 63.001(b) is current and whether the voter has changed residence within the county.
(b)  If the voter's residence address is not current because the voter has changed residence within the county, the voter may vote, if otherwise eligible, in the election precinct in which the voter is registered if the voter resides in the county in which the voter is registered and, if applicable:
(1)  resides in the political subdivision served by the authority ordering the election if the political subdivision is other than the county;  or
(2)  resides in the territory covered by the election in a less-than-countywide election ordered by the governor or a county authority.
(c)  Before being accepted for voting, the voter must execute and submit to an election officer a statement including:
(1)  a statement that the voter satisfies the applicable residence requirements prescribed by Subsection (b);
(2)  all of the information that a person must include in an application to register to vote under Section 13.002; and
(3)   the date the statement is submitted to the election officer.
(c-1)  The statement described by Subsection (c) must include a field for the voter to enter the voter's current county of residence.
(d)  The voter registrar shall provide to the general custodian of election records a sufficient number of statements of residence for use in each election.
(e)  The voter registrar shall retain each statement of residence on file with the voter's voter registration application.
(f)  Information included on a statement of residence under Subsection (c)(2) is subject to Section 13.004(c).
Added by Acts 1995, 74th Leg., ch. 797, Sec. 39, eff. Sept. 1, 1995.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 594 (H.B. 41), Sec. 7, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 927 (H.B. 3069), Sec. 3, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 10, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 8, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 41, eff. September 1, 2021.
                
Sec. 63.0013.  FALSE STATEMENT ON DECLARATION OF REASONABLE IMPEDIMENT. 
 (a)  A person commits an offense if the person intentionally makes a false statement or provides false information on a declaration executed under Section 63.001(i).
(b)  An offense under this section is a state jail felony.
Added by Acts 2017, 85th Leg., R.S., Ch. 410 (S.B. 5), Sec. 3, eff. January 1, 2018.
                
Sec. 63.0015.  ACCEPTING VOTERS WITH CERTAIN DISABILITIES. 
 (a) In this section, "mobility problem that substantially impairs a person's ability to ambulate" has the meaning assigned by Section 681.001, Transportation Code.
(b)  An election officer may accept a person with a mobility problem that substantially impairs a person's ability to ambulate who is offering to vote before accepting others offering to vote at the polling place who arrived before the person.
(c)  Notice of the priority given to persons with a mobility problem that substantially impairs a person's ability to ambulate shall be posted:
(1)  at one or more locations in each polling place where it can be read by persons waiting to vote;
(2)  on the Internet website of the secretary of state; and
(3)  on each Internet website relating to elections maintained by a county.
(d)  The notice required by Subsection (c) must read: "Pursuant to Section 63.0015, Election Code, an election officer may give voting order priority to individuals with a mobility problem that substantially impairs the person's ability to move around.  A person assisting an individual with a mobility problem may also, at the individual's request, be given voting order priority.  Disabilities and conditions that may qualify you for voting order priority include paralysis, lung disease, the use of portable oxygen, cardiac deficiency, severe limitation in the ability to walk due to arthritic, neurological, or orthopedic condition, wheelchair confinement, arthritis, foot disorder, the inability to walk 200 feet without stopping to rest, or use of a brace, cane, crutch, or other assistive device."
(e)  A person assisting a voter in accordance with Section 64.032(c) may be accepted to vote concurrently with a person accepted under Subsection (b) of this section at the voter's request. 
Added by Acts 2017, 85th Leg., R.S., Ch. 980 (H.B. 658), Sec. 1, eff. September 1, 2017.
Redesignated from Election Code, Section 63.0013 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(10), eff. September 1, 2019.
Redesignated and amended by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.002(4), eff. September 1, 2019.
                
Sec. 63.002.  SIGNATURE ROSTER.  
(a)  A signature roster shall be maintained by an election officer at the polling place.
(b)  A voter who is accepted for voting must sign the roster before the voter is permitted to vote.
(c)  If the voter cannot sign the voter's name, an election officer shall enter the voter's name with a notation of the reason for the voter's inability to sign the roster.
(d)  The signature roster may be in the form of an electronic device approved by the secretary of state that is capable of capturing a voter's signature next to the voter's name on the device. The secretary of state shall adopt rules governing the processing of electronic signatures captured under this subsection.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 55, eff. Sept. 1, 1997.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 1000 (H.B. 2373), Sec. 1, eff. September 1, 2013.
                
Sec. 63.003.  POLL LIST.  
(a)  A poll list shall be maintained by an election officer at the polling place.
(b)  The poll list shall be maintained as an original and two copies.
(c)  An election officer shall enter each accepted voter's name on the list after the voter signs the signature roster.  The voters' names shall be entered on the poll list in the same order in which they appear on the signature roster.
(d)  The poll list may be in the form of an electronic device approved by the secretary of state.  The secretary of state shall adopt rules governing the use of electronic poll lists.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 916 (H.B. 4130), Sec. 2, eff. September 1, 2019.
                
Sec. 63.004.  COMBINATION FORM. 
 (a)  The secretary of state may prescribe forms that combine the poll list, the signature roster, or any other form used in connection with the acceptance of voters at polling places with each other or with the list of registered voters.  The secretary shall prescribe any special instructions necessary for using the combination forms.  The combination forms must include space for an election officer to indicate whether a voter executed a declaration of reasonable impediment under Section 63.001(i).
(b)  The authority responsible for procuring the supplies for an election may furnish combination forms for use at the polling places.
(c)  If a combination form is used, it shall be maintained in the number of copies specified by this code for the separate form incorporated into it for which the largest number of copies is required.
(d)  An authority procuring lists of registered voters for use in an election may not require the voter registrar to furnish the lists in combination form without the registrar's consent.  A registrar may not require an authority requesting the lists to accept them in combination form without the authority's consent.
(e)  A combination form may be in the form of an electronic device approved by the secretary of state.  The secretary of state shall adopt rules governing the minimum requirements and approval of an electronic device used for any form used in connection with the acceptance of voters at a polling place.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 410 (S.B. 5), Sec. 4, eff. January 1, 2018.
Acts 2019, 86th Leg., R.S., Ch. 916 (H.B. 4130), Sec. 3, eff. September 1, 2019.
                
Sec. 63.005.  REGISTRATION OMISSIONS LIST. 
 (a)  A registration omissions list shall be maintained by an election officer at the polling place.
(b)  With respect to each voter who is accepted for voting but whose name is not on the list of registered voters for the precinct in which the voter is accepted, the election officer shall record:
(1)  the voter's name, residence address, and voter registration number, if known; and
(2)  a notation of the section of this code under which the voter is accepted that provides for accepting voters who are not on the list.
Added by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 42, eff. September 1, 2021.
                
Sec. 63.0051.  CONFIRMING REGISTRATION STATUS OF VOTER. 
 (a)  If the name of a voter who is offering to vote is not on the precinct list of registered voters, an election officer may contact the voter registrar regarding the voter's registration status.
(b)  If the election officer determines the voter is a registered voter of the territory covered by the election but is offering to vote in the incorrect precinct, the election officer shall provide the correct precinct location information to the voter.
(c)  Notwithstanding Section 63.009, a voter shall be accepted for voting if the voter's identity has been verified from documentation as required by Section 63.001(b) and it can be determined from the voter registrar that:
(1)  the voter's registration was improperly canceled and has been reinstated under Section 16.037;
(2)  an error in the voter registration record caused the voter's name to not appear on the list of registered voters, and the error has been corrected under Section 15.022; or
(3)  the voter's name has been inadvertently left off the list of registered voters for the precinct.
(d)  After the voter is accepted under Subsection (c), an election officer shall enter the voter's name on the registration omissions list.
(e)  The voter shall be accepted for provisional voting under Section 63.011 if the election officer cannot determine that the voter is a registered voter of the territory covered by the election in which the voter is offering to vote.
Added by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 42, eff. September 1, 2021.
                
Sec. 63.006.  VOTER WITH REQUIRED DOCUMENTATION WHO IS NOT ON LIST. 
 (a)  A voter who, when offering to vote, presents the documentation required under Section 63.001(b) but whose name is not on the precinct list of registered voters shall be accepted for voting if the voter also presents a voter registration certificate indicating that the voter is currently registered:
(1)  in the precinct in which the voter is offering to vote; or
(2)  in a different precinct in the same county as the precinct in which the voter is offering to vote and the voter executes an affidavit stating that the voter:
(A)  is a resident of the precinct in which the voter is offering to vote or is otherwise entitled by law to vote in that precinct;
(B)  was a resident of the precinct in which the voter is offering to vote at the time the information on the voter's residence address was last provided to the voter registrar;
(C)  did not deliberately provide false information to secure registration in a precinct in which the voter does not reside; and
(D)  is voting only once in the election.
(b)  After the voter is accepted, an election officer shall:
(1)  indicate beside the voter's name on the poll list that the voter was accepted under this section; and
(2)  enter the voter's name on the registration omissions list.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 57, eff. Sept. 1, 1997.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 12, eff. January 1, 2012.
                
Sec. 63.009.  VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.  
A voter who does not present a voter registration certificate when offering to vote, and whose name is not on the list of registered voters for the precinct in which the voter is offering to vote, shall be accepted for provisional voting if the voter executes an affidavit in accordance with Section 63.011.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 14, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1078, Sec. 8, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1349, Sec. 28, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 26, eff. Jan. 1, 2004.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 13, eff. January 1, 2012.
                
Sec. 63.0101.  DOCUMENTATION OF PROOF OF IDENTIFICATION.  
(a)  The following documentation is an acceptable form of photo identification under this chapter:
(1)  a driver's license, election identification certificate, or personal identification card issued to the person by the Department of Public Safety that has not expired or that expired no earlier than four years before the date of presentation;
(2)  a United States military identification card that contains the person's photograph that has not expired or that expired no earlier than four years before the date of presentation;
(3)  a United States citizenship certificate issued to the person that contains the person's photograph;
(4)  a United States passport book or card issued to the person that has not expired or that expired no earlier than four years before the date of presentation; or
(5)  a license to carry a handgun issued to the person by the Department of Public Safety that has not expired or that expired no earlier than four years before the date of presentation.
(b)  The following documentation is acceptable as proof of identification under this chapter:
(1)  a government document that shows the name and address of the voter, including the voter's voter registration certificate;
(2)  one of the following documents that shows the name and address of the voter:
(A)  a copy of a current utility bill;
(B)  a bank statement;
(C)  a government check; or
(D)  a paycheck; or
(3)  a certified copy of a domestic birth certificate or other document confirming birth that is admissible in a court of law and establishes the person's identity.
(c)  A person 70 years of age or older may use a form of identification listed in Subsection (a) that has expired for the purposes of voting if the identification is otherwise valid.
(d)  Pursuant to Section 63.001(c), proof of identification is presented only for the purpose of identifying a voter and not for verification of residence.
Added by Acts 1997, 75th Leg., ch. 1078, Sec. 10, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1349, Sec. 30, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 27, eff. Jan. 1, 2004.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 14, eff. January 1, 2012.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 9, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 410 (S.B. 5), Sec. 5, eff. January 1, 2018.
Acts 2021, 87th Leg., R.S., Ch. 1023 (H.B. 368), Sec. 2, eff. September 1, 2021.
                
Sec. 63.0102.  USE OF CERTAIN ELECTRONICALLY READABLE INFORMATION.  
(a)  An election officer may access electronically readable information on a driver's license or personal identification card for proof of identification when determining whether a voter shall be accepted for voting.
(b)  The secretary of state shall prescribe any necessary procedures to implement this section.
Added by Acts 2005, 79th Leg., Ch. 1189 (H.B. 178), Sec. 1, eff. September 1, 2005.
                
Sec. 63.011.  PROVISIONAL VOTING.  
(a)  A person to whom Section 63.001(g) or 63.009 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.
(a-1)  A person to whom the early voting clerk was required to provide an early voting ballot by mail under Section 86.001 and who did not vote early by mail may cast a provisional ballot on election day 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)  did not vote early by mail.
(b)  A form for an affidavit required by this section must be printed on an envelope in which the provisional ballot voted by the person may be placed and must include:
(1)  a space for entering the identification number of the provisional ballot voted by the person; and
(2)  a space for an election officer to indicate whether the person presented a form of identification described by Section 63.0101.
(b-1)  The affidavit form may include space for disclosure of any necessary information to enable the person to register to vote under Chapter 13.  The secretary of state shall prescribe the form of the affidavit under this section.
(c)  After executing the affidavit, the person shall be given a provisional ballot for the election.  An election officer shall record the number of the ballot on the space provided on the affidavit.
(d)  An election officer shall enter "provisional vote" on the poll list beside the name of each voter who is accepted for voting under this section.
(e)  A person who is permitted under a state or federal court order to cast a ballot in an election for a federal office after the time allowed by Subchapter B, Chapter 41, must cast the ballot as a provisional vote in the manner required by this section.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 28, eff. Jan. 1, 2004.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1078 (H.B. 2823), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 15, eff. January 1, 2012.
Acts 2011, 82nd Leg., R.S., Ch. 1002 (H.B. 2194), Sec. 9, eff. January 1, 2012.
                
Text of section effective on December 02, 2021
Sec. 63.0111.  OFFENSES RELATED TO PROVISIONAL VOTING. 
 (a)  An election judge commits an offense if the judge knowingly provides a voter with a form for an affidavit required by Section 63.001 if the form contains information that the judge entered on the form knowing it was false.
(b)  An offense under this section is a state jail felony.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 7.01, eff. December 2, 2021.
                
Sec. 63.012.  UNLAWFULLY ACCEPTING OR REFUSING TO ACCEPT VOTER.  
(a)  An election officer commits an offense if the officer knowingly:
(1)  permits an ineligible voter to vote other than as provided by Section 63.011;  or
(2)  refuses to accept a person for voting whose acceptance is required by this code.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 29, eff. Jan. 1, 2004.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 410 (S.B. 5), Sec. 6, eff. January 1, 2018.

SUBCHAPTER A. APPLICATION FOR BALLOT
                
Sec. 84.001.  APPLICATION REQUIRED. 
 (a)  To be entitled to vote an early voting ballot by mail, a person who is eligible for early voting must make an application for an early voting ballot to be voted by mail as provided by this title.
Text of subsection effective until December 02, 2021
(b)  An application must be in writing and signed by the applicant.  An electronic signature is not permitted.
Text of subsection effective on December 02, 2021
(b)  Subject to Section 1.011, an application must be submitted in writing and signed by the applicant using ink on paper.  An electronic signature or photocopied signature is not permitted.
(c)  An applicant is not required to use an official application form.
(d)  An application must be submitted by mail to the early voting clerk for the election who serves the election precinct of the applicant's residence.
(d-1)  A timely application that is addressed to the wrong early voting clerk shall be forwarded to the proper early voting clerk not later than the day after the date it is received by the wrong clerk.
(e)  An applicant for a ballot to be voted by mail may apply for ballots for the main election and any resulting runoff election on the same application. If an application for the main election and any resulting runoff is not timely for the main election, it will be considered timely for any resulting runoff if received not later than the deadline, determined using the date of the runoff election, for submitting a regular application for a ballot to be voted by mail.
(f)  A person who has not made an application as provided by this title is not entitled to receive an early voting ballot to be voted by mail.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 20, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.07;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, Sec. 33, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1381, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 890, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 854, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 633, Sec. 1, eff. Sept. 1, 2003.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1050 (H.B. 1927), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 3, eff. December 1, 2017.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.01, eff. December 2, 2021.
                
Sec. 84.002.  CONTENTS OF APPLICATION.
Text of subsection effective until December 02, 2021
  (a)  An early voting ballot application must include:
(1)  the applicant's name and the address at which the applicant is registered to vote;
(2)  for an application for a ballot to be voted by mail on the ground of absence from the county of residence, the address outside the applicant's county of residence to which the ballot is to be mailed;
(3)  for an application for a ballot to be voted by mail on the ground of age or disability, the address of the hospital, nursing home or other long-term care facility, or retirement center, or of a person related to the applicant within the second degree by affinity or the third degree by consanguinity, as determined under Chapter 573, Government Code, if the applicant is living at that address and that address is different from the address at which the applicant is registered to vote;
(4)  for an application for a ballot to be voted by mail on the ground of confinement in jail, the address of the jail or of a person related to the applicant within the degree described by Subdivision (3);
(5)  for an application for a ballot to be voted by mail on any ground, an indication of each election for which the applicant is applying for a ballot;
(6)  an indication of the ground of eligibility for early voting; and
(7)  for an application for a ballot to be voted by mail on the ground of involuntary civil commitment, the address of the facility operated by or under contract with the Texas Civil Commitment Office or of a person related to the applicant within the degree of consanguinity described by Subdivision (3).
Text of subsection effective on December 02, 2021
(a)  An early voting ballot application must include:
(1)  the applicant's name and the address at which the applicant is registered to vote;
(1-a)  the following information:
(A)  the number of the applicant's driver's license, election identification certificate, or 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);
(2)  for an application for a ballot to be voted by mail on the ground of absence from the county of residence, the address outside the applicant's county of residence to which the ballot is to be mailed;
(3)  for an application for a ballot to be voted by mail on the ground of age or disability, the address of the hospital, nursing home or other long-term care facility, or retirement center, or of a person related to the applicant within the second degree by affinity or the third degree by consanguinity, as determined under Chapter 573, Government Code, if the applicant is living at that address and that address is different from the address at which the applicant is registered to vote;
(4)  for an application for a ballot to be voted by mail on the ground of confinement in jail, the address of the jail or of a person related to the applicant within the degree described by Subdivision (3);
(5)  for an application for a ballot to be voted by mail on any ground, an indication of each election for which the applicant is applying for a ballot;
(6)  an indication of the ground of eligibility for early voting; and
(7)  for an application for a ballot to be voted by mail on the ground of involuntary civil commitment, the address of the facility operated by or under contract with the Texas Civil Commitment Office or of a person related to the applicant within the degree of consanguinity described by Subdivision (3).
(b)  An application for a ballot to be voted by mail on the ground of absence from the county of residence must indicate that the applicant satisfies the requirements prescribed by Section 82.001.
Text of subsection effective on December 02, 2021
(b-1)  A person may use the number of a driver's license, election identification certificate, or personal identification card that has expired for the purpose of fulfilling the requirement under Subsection (a)(1-a) if the license or identification is otherwise valid.
(c)  An application for a ballot to be voted by mail on the ground of disability must require the applicant to affirmatively indicate that the applicant agrees with the statement, "I have a sickness or physical condition that prevents me from appearing at the polling place on election day without a likelihood of needing personal assistance or injuring my health," as prescribed by Section 82.002(a).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 21, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 203, Sec. 1.04;  Acts 1997, 75th Leg., ch. 565, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1381, Sec. 3, eff. Sept. 1, 1997.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 47, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 728 (H.B. 3920), Sec. 3, eff. September 1, 2021.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.02, eff. December 2, 2021.
                
Sec. 84.0021.  CONTENTS OF APPLICATION FOR PARTICIPANT IN ADDRESS CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION.  
(a)  An early voting ballot application submitted by a qualified voter who is eligible for early voting by mail under Section 82.007 must include:
(1)  the applicant's name and address at which the applicant is registered to vote;
(2)  the substitute post office box address designated by the attorney general under Article 58.052(b), Code of Criminal Procedure, for use by the voter in place of the voter's true residential, business, or school address; and
(3)  an indication of each election for which the applicant is applying for a ballot.
(b)  The information contained in an application under this section relating to the address at which the applicant is registered to vote is confidential, except that the information must be disclosed if:
(1)  requested by a law enforcement agency; or
(2)  required by court order.
Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 8, eff. June 15, 2007.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.29, eff. January 1, 2021.
                
Sec. 84.003.  SIGNING APPLICATION BY WITNESS;  ASSISTING APPLICANT.  
(a)  An early voting ballot application signed for the applicant by a witness other than the early voting clerk or a deputy must indicate the witness's relationship to the applicant or, if unrelated, indicate that fact.
(b)  A person who acts as a witness for an applicant for an early voting ballot application commits an offense if the person knowingly fails to comply with Section 1.011.  A person who in the presence of the applicant otherwise assists an applicant in completing an early voting ballot application commits an offense if the person knowingly fails to comply with Section 1.011(d) in the same manner as a witness.
(c)  An offense under this section is a Class A misdemeanor.
(d)  Subsection (b) does not apply if the person is related to the applicant within the second degree by affinity or the third degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code, or is registered to vote at the same address as the applicant.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 393, Sec. 7, eff. Sept. 1, 2003.
                
Sec. 84.004.  UNLAWFULLY WITNESSING APPLICATION FOR MORE THAN ONE APPLICANT.  
(a)  A person commits an offense if:
(1)  the person signs an application for a ballot to be voted by mail as a witness for more than one applicant in the same election; or
(2)  the person signs an application for annual ballots by mail as a witness for more than one applicant in the same calendar year.
(b)  It is an exception to the application of Subsection (a) that the person signed early voting ballot applications for more than one applicant:
(1)  as an early voting clerk or deputy early voting clerk;  or
(2)  and the person is related to the additional applicants as a parent, grandparent, spouse, child, or sibling.
(c)  A violation of this section does not affect the validity of an application involved in the offense.
(d)  Each application signed by the witness in violation of this section constitutes a separate offense.
(e)  An offense under this section is a Class B misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 393, Sec. 8, eff. Sept. 1, 2003.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1050 (H.B. 1927), Sec. 2, eff. September 1, 2015.
                
Sec. 84.0041.  FRAUDULENT USE OF APPLICATION FOR BALLOT BY MAIL.  
(a)  A person commits an offense if the person:
(1)  knowingly provides false information on an application for ballot by mail;
(2)  intentionally causes false information to be provided on an application for ballot by mail;
(3)  knowingly submits an application for ballot by mail without the knowledge and authorization of the voter; or
(4)  knowingly and without the voter's authorization alters information provided by the voter on an application for ballot by mail.
(b)  An offense under this section is a state jail felony.
(c)  An offense under Subsection (a)(4) does not apply to an early voting clerk or deputy early voting clerk who receives and marks an application for administrative purposes only.
(d)  An offense under this section is increased to the next higher category of offense if it is shown on the trial of an offense under this section that: 
(1)  the defendant was previously convicted of an offense under this code;
(2)  the offense involved a voter 65 years of age or older; or
(3)  the defendant committed another offense under this section in the same election.
Added by Acts 1987, 70th Leg., ch. 472, Sec. 22, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 565, Sec. 2, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1381, Sec. 4, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 393, Sec. 9, eff. Sept. 1, 2003.
Amended by: 
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 4, eff. December 1, 2017.
                
Sec. 84.005.  APPLICATION COMPONENTS.  
Each document that contains information required for an early voting ballot application and that is submitted to the early voting clerk and any envelope in which an application is submitted are part of the early voting ballot application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                
Sec. 84.007.  SUBMITTING APPLICATION FOR BALLOT VOTED BY MAIL:  GENERAL RULE.  
(a)  Except as provided by Sections 84.008 and 84.009, an application for a ballot to be voted by mail must be submitted as provided by this section.
(b)  An application must be submitted to the early voting clerk by:
(1)  mail;
(2)  common or contract carrier;
(3)  subject to Subsection (b-1), telephonic facsimile machine, if a machine is available in the clerk's office; or
(4)  subject to Subsection (b-1), electronic transmission of a scanned application containing an original signature.
(b-1)  For an application for ballot by mail submitted by telephonic facsimile machine or electronic transmission to be effective, the application also must be submitted by mail and be received by the early voting clerk not later than the fourth business day after the transmission by telephonic facsimile machine or electronic transmission is received.
(c)  Except as provided by Section 86.0015(b), an application may be submitted at any time in the year of the election for which a ballot is requested, but not later than the close of regular business in the early voting clerk's office or 12 noon, whichever is later, on the 11th day before election day unless that day is a Saturday, Sunday, or legal state or national holiday, in which case the last day is the first preceding regular business day.
(d)  An application is considered to be submitted at the time of its receipt by the clerk.
(e)  The early voting clerk shall designate an e-mail address for receipt of an application under Subsection (b)(4).  The secretary of state shall include the e-mail address designated by each early voting clerk on the secretary of state's website.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 23, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 203, Sec. 1.05;  Acts 1993, 73rd Leg., ch. 728, Sec. 26, eff. Sept. 1, 1993.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 14, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 9, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1050 (H.B. 1927), Sec. 3, eff. September 1, 2015.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 5, eff. December 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 48, eff. September 1, 2021.
                
Sec. 84.008.  SUBMITTING APPLICATION FOR BALLOT VOTED BY MAIL:  PERSONAL DELIVERY. 
 (a)  Except as otherwise provided by this code, an applicant for a ballot to be voted by mail may submit the application by delivering it in person to the early voting clerk if the application is submitted not later than the deadline provided by Section 84.007(c).
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 99(7), eff. September 1, 2021.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, Sec. 71, eff. Sept. 1, 1997.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 49, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 99(7), eff. September 1, 2021.
                
Sec. 84.009.  SUBMITTING APPLICATION FOR BALLOT VOTED BY MAIL:  CONFINEMENT IN JAIL.  
(a)  On request of the applicant, an application for a ballot to be voted by mail on the ground of confinement in jail may be submitted to the early voting clerk, at the discretion of the authority in charge of the jail, by personal delivery by the jail authority or by a designated subordinate of the authority.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1050 , Sec. 8, eff. September 1, 2015.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1050 (H.B. 1927), Sec. 8, eff. September 1, 2015.
                
Sec. 84.010.  PRESERVATION OF APPLICATION.  
Each early voting ballot application shall be preserved after the election for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                
Sec. 84.011.  OFFICIAL APPLICATION FORM.
Text of subsection effective until December 02, 2021
  (a)  The officially prescribed application form for an early voting ballot must include:
(1)  immediately preceding the signature space the statement: "I certify that the information given in this application is true, and I understand that giving false information in this application is a crime.";
(2)  a statement informing the applicant of the offenses prescribed by Sections 84.003 and 84.004;
(3)  spaces for entering an applicant's voter registration number and county election precinct of registration, with a statement informing the applicant that failure to furnish that information does not invalidate the application; and
(4)  on an application for a ballot to be voted by mail:
(A)  a space for an applicant applying on the ground of absence from the county of residence to indicate the date on or after which the applicant can receive mail at the address outside the county;
(B)  a space for indicating the fact that an applicant whose application is signed by a witness cannot make the applicant's mark and a space for indicating the relationship or lack of relationship of the witness to the applicant;
(C)  a space for entering an applicant's telephone number, with a statement informing the applicant that failure to furnish that information does not invalidate the application;
(D)  a space or box for an applicant applying on the ground of age or disability to indicate that the address to which the ballot is to be mailed is the address of a facility or relative described by Section 84.002(a)(3), if applicable;
(E)  a space or box for an applicant applying on the ground of confinement in jail or involuntary civil commitment to indicate that the address to which the ballot is to be mailed is the address of a relative described by Section 84.002(a)(4) or (7), if applicable;
(F)  a space for an applicant applying on the ground of age or disability to indicate if the application is an application under Section 86.0015;
(G)  spaces for entering the signature, printed name, and residence address of any person assisting the applicant;
(H)  a statement informing the applicant of the condition prescribed by Section 81.005; and
(I)  a statement informing the applicant of the requirement prescribed by Section 86.003(c).
Text of subsection effective on December 02, 2021
(a)  The officially prescribed application form for an early voting ballot must include:
(1)  immediately preceding the signature space the statement: "I certify that the information given in this application is true, and I understand that giving false information in this application is a crime.";
(2)  a statement informing the applicant of the offenses prescribed by Sections 84.003 and 84.004;
(3)  spaces for entering an applicant's voter registration number and county election precinct of registration, with a statement informing the applicant that failure to furnish that information does not invalidate the application;
(3-a)  a space for entering the information required under Section 84.002(a)(1-a); and
(4)  on an application for a ballot to be voted by mail:
(A)  a space for an applicant applying on the ground of absence from the county of residence to indicate the date on or after which the applicant can receive mail at the address outside the county;
(B)  a space for indicating the fact that an applicant whose application is signed by a witness cannot make the applicant's mark and a space for indicating the relationship or lack of relationship of the witness to the applicant;
(C)  a space for entering an applicant's telephone number, with a statement informing the applicant that failure to furnish that information does not invalidate the application;
(D)  a space or box for an applicant applying on the ground of age or disability to indicate that the address to which the ballot is to be mailed is the address of a facility or relative described by Section 84.002(a)(3), if applicable;
(E)  a space or box for an applicant applying on the ground of confinement in jail or involuntary civil commitment to indicate that the address to which the ballot is to be mailed is the address of a relative described by Section 84.002(a)(4) or (7), if applicable;
(F)  a space for an applicant applying on the ground of age or disability to indicate if the application is an application under Section 86.0015;
(G)  spaces for entering the signature, printed name, and residence address of any person assisting the applicant;
(H)  a statement informing the applicant of the condition prescribed by Section 81.005; and
(I)  a statement informing the applicant of the requirement prescribed by Section 86.003(c).
(b)  The officially prescribed application form for an early voting ballot to be voted by mail must be at least eight inches by nine inches in size and be printed in at least six-point type.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 24, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 203, Sec. 1.06;  Acts 1997, 75th Leg., ch. 565, Sec. 3, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 864, Sec. 72, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1381, Sec. 5, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 393, Sec. 10, eff. Sept. 1, 2003.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1050 (H.B. 1927), Sec. 4, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 50, eff. September 1, 2021.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.03, eff. December 2, 2021.
                
Text of section effective on December 02, 2021
Sec. 84.0111.  DISTRIBUTION OF APPLICATION FORM.  
(a)  Except as provided by Subsection (c) or as otherwise authorized by this code, an officer or employee of this state or of a political subdivision of this state may not distribute an application form for an early voting ballot to a person who did not request an application under Section 84.001.
(b)  An officer or employee of this state or of a political subdivision of this state may not use public funds to facilitate the distribution by another person of an application form for an early voting ballot to a person who did not request an application under Section 84.001.
(c)  A political party or a candidate for office may distribute an application form for an early voting ballot to a person who did not request an application under Section 84.001.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.04, eff. December 2, 2021.
                
Sec. 84.012.  CLERK TO MAIL APPLICATION FORM ON REQUEST.  
The early voting clerk shall mail without charge an appropriate official application form for an early voting ballot to each applicant requesting the clerk to send the applicant an application form.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, Sec. 73, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1381, Sec. 6, eff. Sept. 1, 1997.
                
Sec. 84.013.  APPLICATION FORMS FURNISHED BY SECRETARY OF STATE.  
The secretary of state shall maintain a supply of the official application forms for ballots to be voted by mail and shall furnish the forms in reasonable quantities without charge to individuals or organizations requesting them for distribution to voters.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                
Sec. 84.014.  ACTION BY EARLY VOTING CLERK ON CERTAIN APPLICATIONS.  
If an applicant provides a date of birth, driver's license number, or social security number on the applicant's application for an early voting ballot to be voted by mail that is different from or in addition to the information maintained by the voter registrar in accordance with Title 2, the early voting clerk shall notify the voter registrar.  The voter registrar shall update the voter's record with the information provided by the applicant.
Added by Acts 2017, 85th Leg., R.S., Ch. 713 (H.B. 4034), Sec. 6, eff. June 12, 2017.
                
SUBCHAPTER B. CANCELING APPLICATION FOR BALLOT TO BE VOTED BY MAIL
                
Sec. 84.031.  CANCELLATION OF APPLICATION.  
(a)  An application for an early voting ballot to be voted by mail that has been submitted to the early voting clerk may be canceled only as provided by this subchapter.
(b)  A person whose application is canceled, if otherwise eligible, may vote in the same manner as if the application had not been submitted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                
Sec. 84.032.  REQUEST FOR CANCELLATION.  
(a)  A person desiring to cancel the person's application for a ballot to be voted by mail must submit a request for the cancellation to an election officer as provided by this section.
(b)  A request must:
(1)  be in writing and signed by the applicant;
(2)  specify the election for which the application was made;  and
(3)  except as provided by Subsection (c), (d), or (e), be received by the early voting clerk:
(A)  not later than the third day before election day;  and
(B)  if an early voting ballot sent to the applicant is returned to the clerk as a marked ballot, before the marked ballot's arrival at the address on the carrier envelope.
Text of subsection effective until December 02, 2021
(c)  An applicant may submit a request after the close of early voting by personal appearance by appearing in person and:
(1)  returning the ballot to be voted by mail to the early voting clerk; or
(2)  executing an affidavit that the applicant:
(A)  has not received the ballot to be voted by mail; or
(B)  never requested a ballot to be voted by mail.
Text of subsection effective on December 02, 2021
(c)  An applicant may submit a request after the close of early voting by personal appearance by appearing in person and:
(1)  returning the ballot to be voted by mail to the early voting clerk; or
(2)  executing an affidavit that the applicant:
(A)  has not received the ballot to be voted by mail;
(B)  never requested a ballot to be voted by mail; or
(C)  received notice of a defect under Section 87.0271(b) or (c) or 87.0411(b) or (c).
(d)  An applicant may also submit a request by appearing in person and returning the ballot to be voted by mail or presenting a notice received under Section 86.006(h) to:
(1)  the early voting clerk or deputy early voting clerk at any polling place that is open for early voting by personal appearance; or
(2)  the presiding election judge on election day at the applicant's precinct polling place.
(e)  An applicant may also submit a request at any time after the early voting ballot is returned to the early voting clerk as a marked ballot and before the ballot is delivered to the early voting ballot board by appearing in person and executing an affidavit that the applicant did not mark the ballot.
(f)  A request for cancellation in a manner other than as authorized by this section, including a request by letter, has no effect.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, Sec. 27, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1381, Sec. 7, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 393, Sec. 11, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1316, Sec. 21, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 5A.001, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(23), eff. September 1, 2005.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 6, eff. December 1, 2017.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.05, eff. December 2, 2021.
                
Sec. 84.033.  ACTION ON REQUEST.  
(a)  The election officer shall review each cancellation request to determine whether it complies with Section 84.032.
(b)  If the request complies, the early voting clerk shall cancel the application and enter on the application "canceled" and the date of cancellation.
(c)  If the request complies, the presiding election judge shall enter on the returned ballot or the notice, as applicable, "canceled," place it and the request in an envelope, and deposit the envelope in ballot box no. 4.  The applicant's application is considered to be canceled.
(d)  If the request does not comply, the election officer shall deny the request and enter on the request "denied" and the date of and reason for the denial.  The presiding election judge shall place the request in an envelope and deposit the envelope in ballot box no. 4.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, Sec. 27, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1381, Sec. 8, eff. Sept. 1, 1997.
                
Sec. 84.034.  NOTICE OF DENIAL.  
Immediately after denying a cancellation request, the election officer shall notify the applicant of the denial.  The notice must state the reason for the denial.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, Sec. 27, eff. Sept. 1, 1993.
                
Text of section effective until December 02, 2021
Sec. 84.035.  BALLOT SENT TO APPLICANT.  
If the early voting clerk cancels an application by an applicant to whom an early voting ballot has been sent, the clerk shall:
(1)  remove the applicant's name from the early voting roster;  and
(2)  make any other entries in the records and take any other action necessary to prevent the ballot from being counted if returned.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by: 
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.06, eff. December 2, 2021.
                
Text of section effective on December 02, 2021
Sec. 84.035.  BALLOT SENT TO APPLICANT.  
(a)  If the early voting clerk cancels an application by an applicant to whom an early voting ballot has been sent, the clerk shall:
(1)  remove the applicant's name from the early voting roster; and
(2)  make any other entries in the records and take any other action necessary to prevent the ballot from being counted if returned.
(b)  An election judge may permit a person to whom an early voting ballot has been sent who cancels the person's application for a ballot to be voted by mail in accordance with Section 84.032 but fails to return the ballot to be voted by mail to the early voting clerk, deputy early voting clerk, or presiding judge as provided by that section to vote only a provisional ballot under Section 63.011.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by: 
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.06, eff. December 2, 2021.
                
Sec. 84.036.  DISPOSITION OF RETURNED BALLOT. 
 If an early voting ballot sent to an applicant whose application is canceled is returned to the early voting clerk as a marked ballot, the ballot shall be treated as a marked ballot not timely returned.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                
Sec. 84.037.  PRESERVATION OF DOCUMENTS.  
(a)  The early voting clerk shall preserve each cancellation request for the period for preserving the precinct election records.  If the application is canceled, the clerk shall attach it and the corresponding ballot materials, if available, to the cancellation request and preserve it with the request.
(b)  The early voting clerk as defined by Subchapter A, Chapter 83, shall, not later than the 30th day after election day, deliver notice to the attorney general of cancellation requests received, including certified copies of cancellation requests, applications, and carrier envelopes, if available.
(c)  The attorney general shall prescribe the form and manner of submission under Subsection (b).  The secretary of state shall adopt rules as necessary to implement the requirements prescribed under this subsection.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by: 
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 7, eff. December 1, 2017.
                
Sec. 84.038.  CANCELLATION EFFECTIVE FOR SINGLE ELECTION.  
The cancellation of an application for a ballot to be voted by mail under Section 84.032(c), (d), or (e) is effective for a single ballot only and does not cancel the application with respect to a subsequent election, including a subsequent election to which the same application applies under Section 84.001(e) or 86.0015(b).
Added by Acts 2015, 84th Leg., R.S., Ch. 1050 (H.B. 1927), Sec. 5, eff. September 1, 2015.

Sec. 13.001.  Eligibility for registration.  
(a)  To be eligible for registration as a voter in this state, a person must:
(1)  be 18 years of age or older;
(2)  be a United States citizen;
(3)  not have 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;
(4)  not have been finally convicted of a felony or, if so convicted, must have:
(A)  fully discharged the person's sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or
(B)  been pardoned or otherwise released from the resulting disability to vote; and
(5)  be a resident of the county in which application for registration is made.
(b)  To be eligible to apply for registration, a person must, on the date the registration application is submitted to the registrar, be at least 17 years and 10 months of age and satisfy the requirements of Subsection (a) except for age.
(c)  For purposes of Subsection (a)(4), a person is not considered to have been finally convicted of an offense for which the criminal proceedings are deferred without an adjudication of guilt.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 23, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 16, Sec. 6.02, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 916, Sec. 27, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 850, Sec. 2, eff. Sept. 1, 1997.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 614 (H.B. 417), Sec. 23, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 744 (H.B. 1226), Sec. 2, eff. June 17, 2011.
                
The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 3107, 87th Legislature, Regular Session, for amendments affecting the following section.
 
Sec. 13.002.  Application required.  
(a)  A person desiring to register to vote must submit an application 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).
(b)  A registration application must be in writing and signed by the applicant.
(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.
(d)  The omission of the applicant's middle or former name under Subsection (c)(1) or the applicant's zip code under Subsection (c)(7) does not affect the validity of a registration application, and the registrar may not reject the application because of that omission.
(e)  A person who is certified for participation in the address confidentiality program administered by the attorney general under Subchapter B, Chapter 58, Code of Criminal Procedure, is not eligible for early voting by mail under Section 82.007 unless the person submits an application under this section by personal delivery.  The secretary of state may adopt rules to implement this subsection.
(f)  Instead of the statement required by Subsection (c)(5), an applicant who has been determined to be partially mentally incapacitated without the right to vote by a court and who is eligible to register because of Section 1.020(b) shall include in the application a statement that the person's guardianship has been modified to include the right to vote or the person's mental capacity has been completely restored, as applicable, by a final judgment of a court.
(g)  Instead of the statement required by Subsection (c)(5), an applicant who has been determined to be totally mentally incapacitated by a court and who is eligible to register because of Section 1.020(a) shall include in the application a statement that the person's mental capacity has been completely restored by a final judgment of a court.
(h)  The submission of a federal postcard application constitutes an application for registration under this section at the voting residence address stated on the application.  This subsection does not apply to a person who indicates on the person's federal postcard application that the person is residing outside the United States indefinitely.  The secretary of state shall prescribe rules to implement this subsection, including:
(1)  rules providing directions to court clerks regarding the inclusion on jury lists of persons who submit federal postcard applications; and
(2)  rules relating to whether a person who submits a federal postcard application is to be considered a registered voter of the applicable authority for the purposes of determining the number of signatures required on a petition.
(i)  An applicant who wishes to receive an exemption from the requirements of Section 63.001(b) on the basis of disability must include with the person's application:
(1)  written documentation:
(A)  from the United States Social Security Administration evidencing the applicant has been determined to have a disability; or
(B)  from the United States Department of Veterans Affairs evidencing the applicant has a disability rating of at least 50 percent; and
(2)  a statement in a form prescribed by the secretary of state that the applicant does not have a form of identification acceptable under Section 63.0101.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 436, Sec. 1, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 472, Sec. 1, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 2, Sec. 7.02, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 916, Sec. 30(c), eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 390, Sec. 1, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 797, Sec. 2, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 454, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 1, eff. Jan. 1, 2004.
Amended by: 
Acts 2005, 79th Leg., Ch. 1049 (H.B. 1268), Sec. 1, eff. January 1, 2006.
Acts 2007, 80th Leg., R.S., Ch. 614 (H.B. 417), Sec. 24, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 4, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(11), eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 91 (H.B. 536), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 632 (H.B. 1448), Sec. 1, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 1, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 2, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.25, eff. January 1, 2021.
                
The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 1134, 87th Legislature, Regular Session, for amendments affecting the following section.
 
Sec. 13.0021.  Additional registration information from certain federal and state judges.
(a)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1146 (H.B. 2910), Sec. 10, eff. September 1, 2019.
(b)  If the registration applicant is a federal judge, a state judge, or the spouse of a state judge or a federal judge, the registrar of the county shall omit the applicant's residence address from the registration list.
Added by Acts 2007, 80th Leg., R.S., Ch. 594 (H.B. 41), Sec. 1, eff. September 1, 2007.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 465 (S.B. 281), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1259 (H.B. 559), Sec. 1, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 190 (S.B. 42), Sec. 20, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 190 (S.B. 42), Sec. 21, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1146 (H.B. 2910), Sec. 10, eff. September 1, 2019.
                
Sec. 13.003.  Application by agent. 
(a)  An applicant may appoint, either orally or in writing, an agent to perform one or more of the following acts for the applicant:
(1)  complete and sign a registration application;
(2)  submit an application;
(3)  act on the applicant's behalf in the process of approving the application, including a challenge of the applicant;
(4)  receive a registration certificate in person;  and
(5)  submit a notice or other applicable document for correcting registration information.
(b)  To be eligible for appointment as an agent, a person must:
(1)  be the applicant's spouse, parent, or child;  and
(2)  be a qualified voter of the county or have submitted a registration application and be otherwise eligible to vote.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 436, Sec. 2, eff. Sept. 1, 1987.
                
The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 1134, H.B. 3107 and H.B. 3607, 87th Legislature, Regular Session, for amendments affecting the following section.
 
Sec. 13.004.  Recording and disclosure of certain information by registrar. 
(a)  The registrar may not transcribe, copy, or otherwise record a telephone number furnished on a registration application.
(b)  The registrar may transcribe, copy, or otherwise record a social security number furnished on a registration application only in maintaining the accuracy of the registration records.
(c)  The following information furnished on a registration application is confidential and does not constitute public information for purposes of Chapter 552, Government Code:
(1)  a social security number;
(2)  a Texas driver's license number;
(3)  a number of a personal identification card issued by the Department of Public Safety;
(4)  an indication that an applicant is interested in working as an election judge;
 
Text of subdivision as amended by Acts 2019, 86th Leg., R.S., Ch. 1146 (H.B. 2910), Sec. 2
 
(5)  the residence address of the applicant, if the applicant is a federal judge or state judge, the spouse of a federal judge or state judge, or an individual to whom Section 552.1175, Government Code, or Section 521.1211, Transportation Code, applies and the applicant:
(A)  included an affidavit with the registration application describing the applicant's status under this subdivision, if the applicant is a federal judge or state judge or the spouse of a federal judge or state judge;
(B)  provided the registrar with an affidavit describing the applicant's status under this subdivision, if the applicant is a federal judge or state judge or the spouse of a federal judge or state judge; or
(C)  provided the registrar with a completed form approved by the secretary of state for the purpose of notifying the registrar of the applicant's status under this subdivision;
 
Text of subdivision as amended by Acts 2019, 86th Leg., R.S., Ch. 489 (H.B. 3100), Sec. 1
 
(5)  the residence address of the applicant, if the applicant is a federal judge or state judge, as defined by Section 13.0021, the spouse of a federal judge or state judge, the spouse of a peace officer as defined by Article 2.12, Code of Criminal Procedure, or an individual to whom Section 552.1175, Government Code, applies and the applicant:
(A)  included an affidavit with the registration application describing the applicant's status under this subdivision, including an affidavit under Section 13.0021 if the applicant is a federal judge or state judge or the spouse of a federal judge or state judge;
(B)  provided the registrar with an affidavit describing the applicant's status under this subdivision, including an affidavit under Section 15.0215 if the applicant is a federal judge or state judge or the spouse of a federal judge or state judge; or  
(C)  provided the registrar with a completed form approved by the secretary of state for the purpose of notifying the registrar of the applicant's status under this subdivision;
(6)  the residence address of the applicant, if the applicant, the applicant's child, or another person in the applicant's household is a victim of family violence as defined by Section 71.004, Family Code, who provided the registrar with:
(A)  a copy of a protective order issued under Chapter 85, Family Code, or a magistrate's order for emergency protection issued under Article 17.292, Code of Criminal Procedure; or
(B)  other independent documentary evidence necessary to show that the applicant, the applicant's child, or another person in the applicant's household is a victim of family violence;
(7)  the residence address of the applicant, if the applicant, the applicant's child, or another person in the applicant's household is a victim of sexual assault or abuse, stalking, or trafficking of persons who provided the registrar with:
(A)  a copy of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a magistrate's order for emergency protection issued under Article 17.292, Code of Criminal Procedure; or
(B)  other independent documentary evidence necessary to show that the applicant, the applicant's child, or another person in the applicant's household is a victim of sexual assault or abuse, stalking, or trafficking of persons;
(8)  the residence address of the applicant, if the applicant:
(A)  is a participant in the address confidentiality program administered by the attorney general under Subchapter B, Chapter 58, Code of Criminal Procedure; and
(B)  provided the registrar with proof of certification under Article 58.059, Code of Criminal Procedure; or
(9)  the telephone number of any applicant submitting documentation under Subdivision (5), (6), (7), or (8).
(c-1)  The registrar shall ensure that the information listed in Subsection (c) is excluded from disclosure, except that the registrar shall forward to the county chair of each county executive committee the information necessary to contact applicants who indicate interest in working as an election judge.
(d)  The voter registrar or other county official who has access to the information furnished on a registration application may not post the following information on a website:
(1)  a telephone number;
(2)  a social security number;
(3)  a driver's license number or a number of a personal identification card;
(4)  a date of birth; or
(5)  the residence address of a voter who submits documentation under Subsection (c)(5), (6), (7), or (8) to the voter registrar or regarding whom the registrar has received notification under Section 15.0215.
(e)  Documentation submitted under Subsection (c)(5), (6), (7), or (8) shall be retained on file with the voter registration application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 454, Sec. 2, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 606, Sec. 1, 2, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 487 (H.B. 345), Sec. 1, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 487 (H.B. 345), Sec. 2, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 1049 (H.B. 1268), Sec. 2, eff. January 1, 2006.
Acts 2007, 80th Leg., R.S., Ch. 594 (H.B. 41), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 465 (S.B. 281), Sec. 2, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 937 (H.B. 1632), Sec. 1, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 41 (S.B. 256), Sec. 6, eff. May 19, 2017.
Acts 2017, 85th Leg., R.S., Ch. 462 (H.B. 2015), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 713 (H.B. 4034), Sec. 1, eff. June 12, 2017.
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.26, eff. January 1, 2021.
Acts 2019, 86th Leg., R.S., Ch. 489 (H.B. 3100), Sec. 1, eff. June 7, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1146 (H.B. 2910), Sec. 2, eff. September 1, 2019.
                
Sec. 13.005.  Unlawfully acting as agent.  
(a)  A person commits an offense if the person acts as an agent for an applicant but is not eligible for appointment as an agent under Section 13.003(b).
(b)  An offense under this section is a Class B misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.006.  Purportedly acting as agent.  
(a)  A person commits an offense if the person purports to act as an agent in applying for registration or in signing a registration application at a time when the person:
(1)  is not an agent of the applicant under Section 13.003(a);  and
(2)  is not eligible for appointment under Section 13.003(b) as the agent of the person for whom the person purports to act.
(b)  An offense under this section is a felony of the third degree.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 6, eff. Sept. 1, 1997.
                
Sec. 13.007.  False statement on application.  
(a)  A person commits an offense if the person knowingly makes a false statement or requests, commands, or attempts to induce another person to make a false statement on a registration application.
(b)  An offense under this section is a Class B misdemeanor.
(c)  For purposes of this code, an offense under this section is considered to be perjury, but may be prosecuted only under this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 436, Sec. 3, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 797, Sec. 3, eff. Sept. 1, 1995.
                
Sec. 13.008.  Performance-based compensation for registering voters prohibited.  
(a)  A person commits an offense if the person:
(1)  compensates another person based on the number of voter registrations that the other person successfully facilitates;
(2)  presents another person with a quota of voter registrations to facilitate as a condition of payment or employment;
(3)  engages in another practice that causes another person's compensation from or employment status with the person to be dependent on the number of voter registrations that the other person facilitates; or
(4)  accepts compensation for an activity described by Subdivision (1), (2), or (3).
(b)  An offense under this section is a Class A misdemeanor.
(c)  An officer, director, or other agent of an entity that commits an offense under this section is punishable for the offense.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1002 (H.B. 2194), Sec. 2, eff. September 1, 2011.
                
SUBCHAPTER B. VOLUNTEER DEPUTY REGISTRARS;  HIGH SCHOOL DEPUTY REGISTRARS
                
Sec. 13.031.  APPOINTMENT;  TERM.  (a)  To encourage voter registration, the registrar shall appoint as deputy registrars persons who volunteer to serve.
(b)  In this code, "volunteer deputy registrar" means a deputy registrar appointed under this section.
(c)  Volunteer deputy registrars serve for terms expiring December 31 of even-numbered years.
(d)  To be eligible for appointment as a volunteer deputy registrar, a person must:
(1)  be 18 years of age or older;
(2)  not have been finally convicted of a felony or, if so convicted, must have:
(A)  fully discharged the person's sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or
(B)  been pardoned or otherwise released from the resulting disability to vote;
(3)  meet the requirements to be a qualified voter under Section 11.002 except that the person is not required to be a registered voter; and
(4)  not have been finally convicted of an offense under Section 32.51, Penal Code.
(e)  A volunteer deputy registrar appointed under this section may not receive another person's registration application until the deputy registrar has completed training developed under Section 13.047.  At the time of appointment, the voter registrar shall provide information about the times and places at which training is offered.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 307 (H.B. 488), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 507 (H.B. 1570), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1002 (H.B. 2194), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 5.001, eff. September 1, 2013.
                
Sec. 13.032.  Prohibition on refusing to appoint.  
A registrar may not refuse to appoint as a volunteer deputy registrar:
(1)  a person eligible for appointment under Section 13.031(d); or
(2)  any person on the basis of sex, race, creed, color, or national origin or ancestry.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 307 (H.B. 488), Sec. 2, eff. September 1, 2009.
                
Sec. 13.033.  Certificate of appointment.  
(a)  A person desiring to serve as a volunteer deputy registrar must request appointment by the registrar in person or by mail.
(b)  If a person is to be appointed, the registrar shall prepare a certificate of appointment in duplicate containing:
(1)  the date of appointment;
(2)  the statement:  "I, ____________, Voter Registrar for ____________ County, do hereby appoint ____________ as a volunteer deputy registrar for ____________ County.";
(3)  the person's residence address;
(4)  the person's voter registration number, if any;
(5)  a statement that the term of the appointment expires December 31 of an even-numbered year; and
(6)  a statement that the appointment terminates on the person's final conviction for an offense for failure to deliver a registration application and may terminate on the registrar's determination that the person failed to adequately review a registration application, intentionally destroyed or physically altered a registration application, or engaged in any other activity that conflicts with the responsibilities of a volunteer deputy registrar under this chapter.
(c)  The registrar shall sign the certificate and issue the original to the appointee, who shall sign it on receipt.
(d)  A volunteer deputy shall present the certificate as identification to an applicant for registration, on request, when receiving the application for delivery to the registrar.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 916, Sec. 3, eff. Sept. 1, 1993.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1003 (H.B. 621), Sec. 1, eff. September 1, 2015.
                
Sec. 13.034.  Active appointment file.  
(a)  The registrar shall maintain a file containing the duplicate certificates of appointment of the volunteer deputy registrars whose appointments are effective.
(b)  The registrar shall maintain the file in alphabetical order by deputy name on a countywide basis.
(c)  Each certificate shall be retained on file during the time the appointment is effective.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.035.  INACTIVE APPOINTMENT FILE.  (a)  The registrar shall maintain a file containing the duplicate certificates of appointment of the volunteer deputy registrars whose appointments have been terminated.
(b)  The registrar shall enter the date of and reason for termination on each duplicate certificate.
(c)  The registrar shall maintain the file in alphabetical order by deputy name on a countywide basis.
(d)  Each certificate shall be retained on file for two years after the date of termination.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.036.  TERMINATION OF APPOINTMENT.  
(a)  An appointment as a volunteer deputy registrar is terminated on:
(1)  the expiration of the volunteer deputy's term of appointment; or
(2)  the final conviction of the volunteer deputy for an offense prescribed by Section 13.008 or 13.043.
(b)  The registrar may terminate the appointment of a volunteer deputy registrar on a determination by the registrar that the volunteer deputy:
(1)  failed to adequately review a registration application as required by Section 13.039;
(2)  intentionally destroyed or  physically altered a registration application; or
(3)  engaged in any other activity that conflicts with the responsibilities of a volunteer deputy registrar under this chapter.
(c)  Immediately on the termination of an appointment, the registrar shall deliver written notice of the termination to the volunteer deputy, directing the deputy:
(1)  to stop activity as a volunteer deputy registrar immediately;  and
(2)  to deliver the certificate of appointment, receipt forms, and registration applications and receipts in the volunteer deputy's possession to the registrar not later than the second day after the date the deputy receives the termination notice.
(d)  The registrar shall reject all registration applications received by a person purporting to act as a volunteer deputy registrar after the person's appointment is terminated.
(e)  The registrar may not reappoint a person whose appointment as a volunteer deputy registrar is terminated under Subsection (a)(2).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 916, Sec. 4, eff. Sept. 1, 1993.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1002 (H.B. 2194), Sec. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1003 (H.B. 621), Sec. 2, eff. September 1, 2015.
Sec. 13.037.  COMPENSATION;  BOND.  
(a)  A person may not receive compensation from the county for service as a volunteer deputy registrar unless compensation is authorized by the commissioners court.
(b)  An unpaid volunteer deputy is not required to give a bond in connection with the deputy's service.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 916, Sec. 5, eff. Sept. 1, 1993.
                
Sec. 13.038.  POWERS GENERALLY.  
A volunteer deputy registrar may distribute voter registration application forms throughout the county and receive registration applications submitted to the deputy in person.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 7, eff. Sept. 1, 1997.
                
Sec. 13.039.  REVIEW OF APPLICATION.  
(a)  On receipt of a registration application, a volunteer deputy registrar shall review it for completeness in the applicant's presence.
(b)  If the application does not contain all the required information and the required signature, the volunteer deputy shall return the application to the applicant for completion and resubmission.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.040.  ISSUANCE OF RECEIPT.  
(a)  On receipt of a completed registration application, a volunteer deputy registrar shall prepare a receipt in duplicate on a form furnished by the registrar.
(b)  The receipt must contain:
(1)  the name of the applicant and, if applicable, the name of the applicant's agent;  and
(2)  the date the completed application is submitted to the volunteer deputy.
(c)  The volunteer deputy shall sign the receipt in the applicant's presence and shall give the original to the applicant.
(d)  The volunteer deputy shall deliver the duplicate receipt to the registrar with the registration application.  The registrar shall retain the receipt on file with the application.
(e)  The secretary of state may prescribe a procedure that is an alternative to the procedure prescribed by this section that will ensure the accountability of the registration applications.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.041.  EFFECT OF SUBMISSION OF APPLICATION.  
The date of submission of a completed registration application to a volunteer deputy registrar is considered to be the date of submission to the registrar for the purpose of determining the effective date of registration only.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.042.  DELIVERY OF APPLICATION TO REGISTRAR.  
(a)  A volunteer deputy registrar shall deliver in person, or by personal delivery through another designated volunteer deputy, to the registrar each completed voter registration application submitted to the deputy, as provided by this section.  The secretary of state shall prescribe any procedures necessary to ensure the proper and timely delivery of completed applications that are not delivered in person by the volunteer deputy who receives them.
(b)  Except as provided by Subsection (c), an application shall be delivered to the registrar not later than 5 p.m. of the fifth day after the date the application is submitted to the volunteer deputy registrar.
(c)  An application submitted after the 34th day before the date of an election and on or before the last day for a person to timely submit a registration application for that election as provided by Section 13.143 shall be delivered not later than 5 p.m. of the next regular business day after the date to timely submit a registration application for that election as provided by Section 13.143.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 2, eff. Sept. 1, 1987.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 162 (H.B. 2324), Sec. 1, eff. September 1, 2017.
                
Sec. 13.043.  FAILURE TO DELIVER APPLICATION.  
(a)  A volunteer deputy registrar commits an offense if the deputy fails to comply with Section 13.042.
(b)  Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.
(c)  An offense under this section is a Class A misdemeanor if the deputy's failure to comply is intentional.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.044.  PURPORTEDLY ACTING AS VOLUNTEER DEPUTY REGISTRAR.  
(a)  A person commits an offense if the person purports to act as a volunteer deputy registrar when the person does not have an effective appointment as a volunteer deputy registrar.
(b)  An offense under this section is a Class C misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.045.  ACTIVITY ON GOVERNMENTAL PREMISES.  
Except as otherwise provided by law, the chief executive of a state agency with approval of the agency's governing body, if any, the chief executive of a department of a city with approval of the city's governing body, or a county officer may permit an officer or employee under the chief executive's or officer's supervision who is a volunteer deputy registrar to engage in official registration activities during working hours on the premises under the chief executive's or officer's control.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.046.  HIGH SCHOOL DEPUTY REGISTRARS. 
(a)  Each principal of a public or private high school or the principal's designee shall serve as a deputy registrar for the county in which the school is located.
(b)  In this code, "high school deputy registrar" means a deputy registrar serving under this section.
(c)  A high school deputy registrar may distribute registration application forms to and receive registration applications submitted to the deputy in person from students and employees of the school only.
(d)  At least twice each school year, a high school deputy registrar shall distribute an officially prescribed registration application form to each student who is or will be 18 years of age or older during that year, subject to rules prescribed by the secretary of state.
(e)  Each application form distributed under this section must be accompanied by a notice informing the student or employee that the application may be submitted in person or by mail to the voter registrar of the county in which the applicant resides or in person to a high school deputy registrar or volunteer deputy registrar for delivery to the voter registrar of the county in which the applicant resides.
(f)  Except as provided by this subsection, Sections 13.039, 13.041, and 13.042 apply to the submission and delivery of registration applications under this section, and for that purpose, "volunteer deputy registrar" in those sections includes a high school deputy registrar.  A high school deputy registrar may review an application for completeness out of the applicant's presence.  A deputy may deliver a group of applications to the registrar by mail in an envelope or package, and, for the purpose of determining compliance with the delivery deadline, an application delivered by mail is considered to be delivered at the time of its receipt by the registrar.
(g)  A high school deputy registrar commits an offense if the deputy fails to comply with Section 13.042.  An offense under this subsection is a Class C misdemeanor unless the deputy's failure to comply is intentional, in which case the offense is a Class A misdemeanor.
(h)  The secretary of state shall prescribe any additional procedures necessary to implement this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 279, Sec. 1, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 797, Sec. 4, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 864, Sec. 8, eff. Sept. 1, 1997.
                
Sec. 13.047.  TRAINING STANDARDS FOR DEPUTY REGISTRARS.  
(a)  The secretary of state shall:
(1)  adopt standards of training in election law relating to the registration of voters;
(2)  develop materials for a standardized curriculum for that training;  and
(3)  distribute the materials as necessary to each county voter registrar.
(b)  The training standards may include the passage of an examination at the end of a training program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 507 (H.B. 1570), Sec. 3, eff. September 1, 2011.
                
Sec. 13.048.  OPTIONAL PROCEDURE FOR APPOINTMENT OF VOLUNTEER DEPUTY REGISTRAR; PROVISION OF TRAINING MATERIALS ON SECRETARY OF STATE WEBSITE.  
(a)  A county may adopt a method of appointment for volunteer deputy registrars prescribed by the secretary of state or developed by the county and approved by the secretary of state under this section that provides for the training and examination of potential volunteer deputy registrars.
(b)  For the purposes of this section, the secretary of state shall:
(1)  provide on the secretary of state's website the training materials prescribed by the secretary of state under Section 13.047 for volunteer deputy registrars; and
(2)  prescribe and make available on the secretary of state's website an examination based on those materials.
(c)  A county that has adopted the method under this section:
(1)  shall administer the required examination to a potential volunteer deputy registrar at any time during the county voter registrar's regular business hours; and
(2)  is not required to hold in-person training sessions for potential volunteer deputy registrars.
(d)  At the time a person satisfactorily completes the examination in compliance with standards adopted by the secretary of state, the registrar shall appoint the person as a volunteer deputy registrar and advise the person:
(1)  of county-specific procedures for processing voter registration applications, if applicable; and
(2)  that the only requirements for voter registration are those prescribed by state law or by the secretary of state.
Added by Acts 2015, 84th Leg., R.S., Ch. 1269 (S.B. 142), Sec. 1, eff. June 20, 2015.
                
SUBCHAPTER C. ACTION ON APPLICATION BY REGISTRAR
                
Sec. 13.071.  REVIEW OF APPLICATION. 
(a)  The registrar shall review each submitted application for registration to determine whether it complies with Section 13.002 and indicates that the applicant is eligible for registration.
(b)  The registrar shall make the determination not later than the seventh day after the date the application is submitted to the registrar.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 3107, 87th Legislature, Regular Session, for amendments affecting the following section.
 
Sec. 13.072.  ACTION ON APPLICATION.  
(a)  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.
(b)  After approval of an application by an applicant who was registered in another county at the time of application, the registrar shall deliver written notice of the applicant's change of residence to the other county's registrar and include in the notice the applicant's name, former residence address, and former registration number, if known.
(c)  Except as provided by Subsection (d), 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.
(d)  If an application clearly indicates that the applicant resides in another county, the registrar shall forward the application to the other county's registrar not later than the second day after the date the application is received and, if the other county is not contiguous, shall deliver written notice of that action to the applicant not later than the seventh day after the date the application is received.  The date of submission of a completed application to the wrong registrar is considered to be the date of submission to the proper registrar for purposes of determining the effective date of the registration.
(e)  Repealed by Acts 2003, 78th Leg., ch. 1316, Sec. 44, eff. Sept. 1, 2003.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 415, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 559, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, Sec. 4, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1316, Sec. 5, 44, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 1105 (H.B. 2280), Sec. 1, eff. January 1, 2006.
                
Sec. 13.073.  NOTICE OF REJECTION.  
(a)  Except as provided by Subsection (b), the registrar shall deliver written notice of the reason for the rejection of an application to the applicant not later than the second day after the date of rejection.
(b)  If the registrar rejects an application in the applicant's presence, at that time the registrar shall orally inform the applicant of the reason for the rejection.  If the rejection is for incompleteness, the registrar shall return the application to the applicant for completion and resubmission.
(c)  If the registrar rejects an application for incompleteness but receives a completed application not later than the 10th day after the date the notice is delivered under Subsection (a) or the date the incomplete application is returned under Subsection (b), as applicable, the original date of submission of the incomplete application is considered to be the date of submission to the registrar for the purpose of determining the effective date of registration.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 6, eff. Sept. 1, 2003.
                
Sec. 13.074.  CHALLENGE OF APPLICANT.  
(a)  If after determining that an application complies with Section 13.002 and indicates that the applicant is eligible for registration, the registrar has reason to believe the applicant is not eligible for registration or the application was submitted in an unauthorized manner, the registrar shall challenge the applicant.
(b)  The registrar shall indicate on the application of a challenged applicant that the applicant's eligibility or the manner of submission of the application has been challenged and the date of the challenge.
(c)  The registrar may not challenge an applicant later than the second day after the date the application is determined to comply with Section 13.002 and indicate that the applicant is eligible for registration.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.075.  NOTICE OF CHALLENGE TO APPLICANT.  
(a)  Except as provided by Subsection (c), the registrar shall deliver written notice of the challenge to the applicant not later than the second day after the date of the challenge.
(b)  The notice must include:
(1)  the date of the challenge;
(2)  a statement of the grounds for the challenge;  and
(3)  a brief explanation of the applicant's right to a hearing on the challenge and the right to appeal the registrar's decision.
(c)  If a challenge is made in the applicant's presence, at that time the registrar shall orally explain to the applicant the grounds for the challenge and the applicant's right to a hearing and appeal.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.076.  REQUEST FOR HEARING ON CHALLENGE.  
(a)  Except as provided by Subsection (b), to be entitled to a hearing on a challenge, the applicant must file a written, signed request for a hearing with the registrar not later than the 10th day after the date of the challenge.
(b)  If a challenge is made in the applicant's presence, at that time the applicant may orally request a hearing.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.077.  HEARING ON CHALLENGE.  
(a)  On the timely filing or making of a hearing request, the registrar shall schedule a hearing on the challenge.
(b)  The registrar shall conduct the hearing not later than the 10th day after the date the request is filed or made or at a later date on the applicant's request.
(c)  The applicant may appear personally at the hearing to offer evidence or argument.  The applicant may offer evidence or argument by affidavit without personally appearing if the applicant submits the affidavit to the registrar before the hearing begins.
(d)  If a challenge is made in the applicant's presence and the applicant orally requests a hearing, the hearing may be conducted at that time with the applicant's consent.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.078.  NOTICE OF HEARING.  
(a)  The registrar shall deliver to a challenged applicant written notice of the date, hour, and place set for the hearing on the challenge not later than the second day after the date the hearing request is filed or made.
(b)  This section does not apply to a hearing conducted under Section 13.077(d).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.079.  DETERMINATION OF CHALLENGE.  
(a)  After hearing and considering the evidence or argument, the registrar shall promptly determine the challenge and issue a decision in writing.
(b)  If the registrar determines that the applicant is eligible for registration or that the manner of submission of the application was authorized, the registrar shall approve the application.
(c)  If the registrar determines that the applicant is not eligible for registration or that the manner of submission of the application was unauthorized, the registrar shall reject the application.
(d)  The registrar shall retain a copy of the decision on file with the applicant's registration application and shall deliver a copy to the applicant.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.080.  RECORDING REJECTION.  
On rejection of an applicant's registration application, the registrar shall enter the date of and reason for the rejection on the application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
SUBCHAPTER D. APPLICATION FILES
                
Sec. 13.101.  ACTIVE APPLICATION FILE. 
 (a)  The registrar shall maintain a file containing the approved registration applications of the registered voters of the county.
(b)  The registrar shall maintain the file in alphabetical order by voter name on a countywide basis.  However, the registrar may maintain the file in numerical order by registration number if the registrar regularly maintains a list of registered voters in alphabetical order by voter name on a countywide basis.
(c)  Each application shall be retained on file during the time the registration is effective.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.102.  INACTIVE APPLICATION FILE.  
(a)  The registrar shall maintain a file containing the rejected applications of applicants for registration.
(b)  The registrar shall maintain a file, separate from the file maintained under Subsection (a), containing the applications of the voters whose registrations have been canceled.
(c)  The registrar shall maintain each file in alphabetical order by applicant or voter name on a countywide basis.
(d)  Each application shall be retained on file for two years after the date of rejection or cancellation.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.103.  PLACE FOR KEEPING FILES;  SECURITY. 
(a)  The registration application files maintained under this subchapter shall be kept in the registrar's office at all times in a place and manner ensuring their security.
(b)  Applications may be removed from the registrar's office temporarily, in a manner ensuring their security, for use in preparing registration certificates, lists of registered voters, and other registration documents by electronic data-processing methods.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.104.  OPTIONAL STORAGE METHOD.  
(a)  Instead of keeping the original registration applications and supporting documentation as required by this title, the registrar may record the applications and documentation on an optical disk or other computer storage medium approved by the secretary of state.
(b)  The storage medium must allow for the creation of a copy of an application or supporting documentation.
(c)  The secretary of state shall prescribe any procedures necessary to implement this section.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 5, eff. Sept. 1, 1995.
                
SUBCHAPTER E. OFFICIAL APPLICATION FORMS
                
Sec. 13.121.  OFFICIAL FORM FOR REGISTRATION BY MAIL.  
(a)  The officially prescribed application form for registration by mail must be in the form of a business reply 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.
(b)  The secretary of state shall obtain a permit from the United States Postal Service for use of the postage-paid application form and shall arrange for payment of the postal charges with warrants issued by the comptroller of public accounts.  The secretary may use any other form or system made available by the United States Postal Service if the form or system is less costly than the business reply system.
(c)  The secretary of state shall have the official application forms for registration by mail printed and shall furnish the forms without charge to each registrar in a quantity the secretary determines sufficient for the proper conduct of voter registration.
(d)  The secretary of state shall prescribe the procedures necessary to implement this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 3, eff. Sept. 1, 1987;  Acts 2003, 78th Leg., ch. 1315, Sec. 2, eff. Jan. 1, 2004.
                
Sec. 13.122.  ADDITIONAL ELEMENTS ON OFFICIAL FORM.  
(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)  any other voter registration information required by federal law or considered appropriate and required by the secretary of state.
(b)  The term "residence address" may not be modified on an official registration application form by terms other than those comprising the specific elements of a residence address.
(c)  If it becomes permissible under federal law to require an applicant for registration who has a social security number to furnish the number, the secretary of state may implement that requirement.
(d)  Expired.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 6.03, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 442, Sec. 7, eff. Jan. 1, 1992;  Acts 1991, 72nd Leg., ch. 559, Sec. 2, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 631, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 916, Sec. 30(b), eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 797, Sec. 6, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 454, Sec. 3, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 3, eff. Jan. 1, 2004.
Amended by: 
Acts 2005, 79th Leg., Ch. 1049 (H.B. 1268), Sec. 3, eff. January 1, 2006.
                
SUBCHAPTER F. INITIAL REGISTRATION
                
Sec. 13.141.  REGISTRATION NUMBER.  
The secretary of state shall prescribe a uniform system for assigning voter registration numbers. 
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2005, 79th Leg., Ch. 1105 (H.B. 2280), Sec. 2, eff. January 1, 2006.
                
The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 3107, 87th Legislature, Regular Session, for amendments affecting the following section.
 
Sec. 13.142.  INITIAL REGISTRATION CERTIFICATE.  
(a)  After approval of a registration application, the registrar shall:
(1)  prepare a voter registration certificate in duplicate and issue the original certificate to the applicant;  and
(2)  enter the applicant's county election precinct number and registration number on the applicant's registration application.
(b)  In this code, "initial certificate" means a registration certificate issued under this section.
(c)  An initial certificate takes effect on the effective date of the registration and expires the following January 1 of an even-numbered year.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 436, Sec. 10, eff. Sept. 1, 1989;  Acts 1987, 70th Leg., ch. 472, Sec. 53, eff. Sept. 1, 1989.
                
The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 3107, 87th Legislature, Regular Session, for amendments affecting the following section.
 
Sec. 13.143.  EFFECTIVE DATE OF REGISTRATION;  PERIOD OF EFFECTIVENESS.  
(a)  Except as provided by Subsections (b) and (e), if an applicant's registration application is approved, the registration becomes effective on the 30th day after the date the application is submitted to the registrar or on the date the applicant becomes 18 years of age, whichever is later.
(b)  A registration is effective for purposes of early voting if it will be effective on election day.
(c)  A registration is effective until canceled under this code.
(d)  For purposes of determining the effective date of a registration, an application submitted by:
(1)  mail is considered to be submitted to the registrar on the date it is placed with postage prepaid and properly addressed in the United States mail; or
(2)  telephonic facsimile machine is considered to be submitted to the registrar on the date the transmission is received by the registrar, subject to Subsection (d-2).
(d-1)  The date indicated by the post office cancellation mark is considered to be the date the application was placed in the mail unless proven otherwise.
(d-2)  For a registration application submitted by telephonic facsimile machine to be effective, a copy of the registration application must be submitted by mail and be received by the registrar not later than the fourth business day after the transmission by telephonic facsimile machine is received.
(e)  If the 30th day before the date of an election is a Saturday, Sunday, or legal state or national holiday, an application is considered to be timely if it is submitted to the registrar on or before the next regular business day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 416, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.31;  Acts 1991, 72nd Leg., ch. 554, Sec. 2, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 916, Sec. 6, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 454, Sec. 4, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1349, Sec. 5, eff. Sept. 1, 1997.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 3, eff. September 1, 2013.
                
Sec. 13.144.  DELIVERY OF INITIAL CERTIFICATE TO VOTER. 
 (a)  Not later than the 30th day after the date the registrar receives the application, the registrar shall deliver the original of an initial certificate:
(1)  in person to the applicant or the applicant's agent appointed under Section 13.003; or
(2)  by mail to the applicant.
(b)  If delivery is by mail, the registrar shall send the certificate to the mailing address on the applicant's registration application.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 844, Sec. 4, eff. September 1, 2007.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 844 (H.B. 1044), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 844 (H.B. 1044), Sec. 4, eff. September 1, 2007.
                
Sec. 13.145.  UNLAWFUL DELIVERY OF CERTIFICATE.  
(a)  A voter registrar commits an offense if the registrar knowingly delivers a registration certificate to a person other than the applicant or the applicant's agent appointed under Section 13.003.
(b)  An offense under this section is a felony of the third degree.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 13.146.  CONFIRMATION NOTICE ON RETURN OF INITIAL CERTIFICATE.  
(a)  If an initial certificate delivered to the applicant by mail is returned to the registrar undelivered, the registrar shall promptly deliver to the applicant a confirmation notice in accordance with Section 15.051.
(b)  If the applicant fails to submit a response to the registrar in accordance with Section 15.053, the registrar shall enter the applicant's name on the suspense list.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 7, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.01, eff. Sept. 1, 1999.

Sec. 16.001.  DEATH.  
(a)  Each month the local registrar of deaths shall prepare an abstract of each death certificate issued in the month for a decedent 18 years of age or older who was a resident of the state at the time of death.  The local registrar of deaths shall file each abstract with the voter registrar of the decedent's county of residence and the secretary of state as soon as possible, but not later than the seventh day after the date the abstract is prepared.
(b)  Each month the clerk of each court having probate jurisdiction shall prepare an abstract of each application for probate of a will, administration of a decedent's estate, or determination of heirship, and each affidavit under Chapter 205, Estates Code, that is filed in the month with a court served by the clerk.  The clerk shall file each abstract with the voter registrar and the secretary of state as soon as possible, but not later than the seventh day after the date the abstract is prepared.
(c)  Once each week, on a day specified by the secretary of state, the Bureau of Vital Statistics shall furnish to the secretary of state available information specified by the secretary relating to deceased residents of the state.  Periodically, the secretary shall furnish to the appropriate voter registrars information obtained from the bureau that will assist in identifying the deceased registered voters of each county.
(d)  The secretary of state shall quarterly obtain from the United States Social Security Administration available information specified by the secretary relating to deceased residents of the state.
(e)  The information required to be filed with the secretary of state under this section must be filed electronically.  The secretary of state may waive this requirement on application for a waiver submitted by the appropriate entity.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2005, 79th Leg., Ch. 1105 (H.B. 2280), Sec. 4, eff. January 1, 2006.
Acts 2007, 80th Leg., R.S., Ch. 607 (H.B. 343), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 650 (S.B. 1046), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 683 (H.B. 174), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 5.003, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 4, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.012, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 241 (H.B. 1264), Sec. 1, eff. September 1, 2021.
                
Sec. 16.002.  MENTAL INCAPACITY.  
(a)  Each month the clerk of each court having proper jurisdiction to adjudge a person mentally incapacitated shall prepare an abstract of each final judgment of a court served by the clerk, occurring in the month:
(1)  adjudging a person 18 years of age or older who is a resident of the state to be:
(A)  totally mentally incapacitated; or
(B)  partially mentally incapacitated without the right to vote;
(2)  adjudging the mental capacity of a person 18 years of age or older who is a resident of this state to be completely restored; or
(3)  modifying the guardianship of a person 18 years of age or older to include the right to vote.
(b)  The clerk shall file each abstract with the voter registrar of the person's county of residence not later than the 10th day of the month following the month in which the abstract is prepared.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 614 (H.B. 417), Sec. 25, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 614 (H.B. 417), Sec. 26, eff. September 1, 2007.
                
Sec. 16.003.  FELONY CONVICTION.  
Each weekday the Department of Public Safety is regularly open for business, the department shall:
(1)  prepare an abstract of each final judgment received by the department convicting a person 18 years of age or older who is a resident of the state of a felony; and
(2)  file each abstract with the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 916, Sec. 12, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 1366, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1178, Sec. 2, eff. Jan. 1, 2002.
Amended by: 
Acts 2005, 79th Leg., Ch. 1105 (H.B. 2280), Sec. 5, eff. January 1, 2006.
                
Sec. 16.004.  DISQUALIFICATION IN ELECTION CONTEST.  
Not later than the 10th day after the date a judgment in an election contest in which a person is adjudged not to be a qualified voter becomes final, the district clerk shall prepare an abstract of the judgment, which shall include each disqualified person's name, and file it with the voter registrar of each county in which a person adjudged disqualified was registered on the date of the contested election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 16.005.  PRESERVATION OF ABSTRACT.  
If an abstract received under this subchapter affects a registered voter of the county, the registrar shall retain a copy of the abstract on file with the affected voter's registration application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
SUBCHAPTER B. CANCELLATION
                
Sec. 16.031.  CANCELLATION ON OFFICIAL NOTICE OF INELIGIBILITY.  
(a)  The registrar shall cancel a voter's registration immediately on receipt of:
(1)  notice under Section 13.072(b), 15.021, or 18.0681(d) or a response under Section 15.053 that the voter's residence is outside the county;
(2)  an abstract of the voter's death certificate under Section 16.001(a) or an abstract of an application indicating that the voter is deceased under Section 16.001(b);
(3)  an abstract of a final judgment of the voter's total mental incapacity, partial mental incapacity without the right to vote, conviction of a felony, or disqualification under Section 16.002, 16.003, or 16.004;
(4)  notice under Section 112.012 that the voter has applied for a limited ballot in another county;
(5)  notice from a voter registration official in another state that the voter has registered to vote outside this state;
(6)  notice from the early voting clerk under Section 101.053 that a federal postcard application submitted by an applicant states a voting residence address located outside the registrar's county; or
(7)  notice from the secretary of state that the voter has registered to vote in another county, as determined by the voter's driver's license number or personal identification card number issued by the Department of Public Safety or social security number.
(b)  The registrar shall cancel a voter's registration immediately if the registrar:
(1)  determines from information received under Section 16.001(c) that the voter is deceased;
(2)  has personal knowledge that the voter is deceased;
(3)  receives from a person related within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to the voter a sworn statement by that person indicating that the voter is deceased; or
(4)  receives notice from the secretary of state under Section 18.068 that the voter is deceased.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 436, Sec. 6, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 561, Sec. 14, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 797, Sec. 16, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 454, Sec. 6, eff. Sept. 1, 1997.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 614 (H.B. 417), Sec. 27, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 6, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 650 (S.B. 1046), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 683 (H.B. 174), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 5.004, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 713 (H.B. 4034), Sec. 2, eff. June 12, 2017.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 21, eff. September 1, 2021.
                
Sec. 16.032.  CANCELLATION FOLLOWING END OF SUSPENSE LIST PERIOD. 
If on November 30 following the second general election for state and county officers that occurs after the date the voter's name is entered on the suspense list a registered voter's name appears on the suspense list, the registrar shall cancel the voter's registration unless the name is to be deleted from the list under Section 15.022 or 15.023.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1995, 74th Leg., ch. 797, Sec. 17, eff. Sept. 1, 1995.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 22, eff. September 1, 2021.
                
Sec. 16.033.  CANCELLATION FOLLOWING INVESTIGATION BY REGISTRAR.  
(a)  The registrar may use any lawful means to investigate whether a registered voter is currently eligible for registration in the county.  This section does not authorize an investigation of eligibility that is based solely on residence.
(b)  If the registrar has reason to believe that a voter is no longer eligible for registration, the registrar shall deliver written notice to the voter indicating that the voter's registration status is being investigated by the registrar.  The notice shall be delivered by forwardable mail to the mailing address on the voter's registration application and to any new address of the voter known to the registrar.  If the secretary of state has adopted or recommended a form for a written notice under this section, the registrar must use that form.
(c)  The notice must include:
(1)  a request for information relevant to determining the voter's eligibility for registration;  and
(2)  a warning that the voter's registration is subject to cancellation if the registrar does not receive an appropriate reply on or before the 30th day after the date the notice is mailed.
(d)  Except as provided by Subsection (e), the registrar shall cancel a voter's registration if:
(1)  after considering the voter's reply, the registrar determines that the voter is not eligible for registration;
(2)  no reply is received from the voter on or before the 30th day after the date the notice is mailed to the voter under Subsection (b); or
(3)  each notice mailed under Subsection (b) is returned undelivered to the registrar with no forwarding information available.
(e)  A voter's registration may not be canceled under Subsection (d) if the voter's name appears on the suspense list unless the notice mailed to the voter indicated that the registrar had reason to believe that the voter is not eligible for registration because of a ground other than a ground based on residence.
(f)  The registrar shall retain a copy of the notice mailed to a voter under this section on file with the voter's registration application.  If the voter's reply to the notice is in writing, the registrar shall also retain the reply on file with the application.  If the reply is oral, the registrar shall prepare a memorandum of the reply, indicating the substance and date of the reply, and shall retain the memorandum on file with the application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1995, 74th Leg., ch. 797, Sec. 18, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1316, Sec. 8, eff. Sept. 1, 2003.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 1093 (H.B. 3593), Sec. 1, eff. September 1, 2013.
                
Sec. 16.0331.  CANCELLATION ON REQUEST BY VOTER.  
(a)  A voter desiring to cancel the voter's registration must submit to the registrar a written, signed request for the cancellation.  A request may not be submitted by an agent.
(b)  The registrar shall cancel a voter's registration immediately on receipt of a request under Subsection (a).
(c)  The registrar shall retain the request on file with the voter's registration application.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 19, eff. Sept. 1, 1995.
                
Sec. 16.0332.  CANCELLATION BECAUSE OF CITIZENSHIP STATUS.
Text of subsection effective until December 02, 2021
  (a)  After the registrar receives a list under Section 18.068 of this code or Section 62.113, Government Code, of persons excused or disqualified from jury service because of citizenship status, the registrar shall deliver to each registered voter whose name appears on the list a written notice requiring the voter to submit to the registrar proof of United States citizenship in the form of a certified copy of the voter's birth certificate, United States passport, or certificate of naturalization or any other form prescribed by the secretary of state.  The notice shall be delivered by forwardable mail to the mailing address on the voter's registration application and to any new address of the voter known to the registrar.
Text of subsection effective on December 02, 2021
(a)  After the registrar receives notification under Subsection (a-1) of this section, Section 18.068 of this code, or Section 62.113, Government Code, of persons excused or disqualified from jury service because of citizenship status or notification of persons who indicate a lack of citizenship status in connection with a motor vehicle or Department of Public Safety record as provided by Subsection (a-1), the registrar shall deliver to each registered voter whose name appears on the list a written notice requiring the voter to submit to the registrar proof of United States citizenship in the form of a certified copy of the voter's birth certificate, United States passport, or certificate of naturalization or any other form prescribed by the secretary of state.  The notice shall be delivered by forwardable mail to the mailing address on the voter's registration application and to any new address of the voter known to the registrar.
Text of subsection effective on December 02, 2021
(a-1)  The secretary of state shall enter into an agreement with the Department of Public Safety under which information in the existing statewide computerized voter registration list is compared against information in the database of the Department of Public Safety on a monthly basis to verify the accuracy of citizenship status information previously provided on voter registration applications.  In comparing information under this subsection, the secretary of state shall consider only a voter's information in the database of the Department of Public Safety that was derived from documents presented by the voter to the department after the person's current voter registration became effective, and may not consider information derived from documents presented by the voter to the department before the person's current voter registration became effective.
(b)  If a voter fails to submit to the registrar proof of citizenship on or before the 30th day after the date the notice is mailed, the registrar shall cancel the voter's registration.
(c)  The registrar shall retain a copy of the notice mailed to a voter under this section on file with the voter's registration application.  The registrar shall also retain any proof of citizenship received under this section on file with the application.
Text of subsection effective on December 02, 2021
(d)  The secretary of state shall prescribe rules for the administration of this section.
Text of subsection effective on December 02, 2021
(e)  Not later than December 31 of each year, the secretary of state shall provide a report to the legislature of the number of voter registrations canceled under this section during the calendar year.
Added by Acts 1997, 75th Leg., ch. 640, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 9, eff. Sept. 1, 2003.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 683 (H.B. 174), Sec. 3, eff. September 1, 2011.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 2.05, eff. December 2, 2021.
                
Sec. 16.034.  RECORDING CANCELLATION.  
On cancellation of a voter's registration, the registrar shall enter the date of and reason for the cancellation on the voter's registration application and duplicate registration certificate and make any other appropriate corrections in the registration records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 16.035.  EFFECTIVE DATE OF CANCELLATION.  
A cancellation of a voter's registration takes effect immediately.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 16.036.  NOTICE OF CANCELLATION TO VOTER.  
(a)  Immediately after, but not later than the 30th day after the date a voter's registration is canceled under Section 16.031(a)(3), 16.033, 16.0331, or 16.0332, the registrar shall deliver written notice of the cancellation to the voter.
(b)  The notice shall be delivered by mail to the mailing address on the voter's registration application and to any new address known to the registrar.
(c)  The notice must include:
(1)  the date of cancellation;
(2)  the reason for cancellation;  and
(3)  a brief explanation of the voter's right to challenge the cancellation and to appeal the registrar's decision.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1995, 74th Leg., ch. 797, Sec. 20, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1316, Sec. 10, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 568 (H.B. 1382), Sec. 1, eff. September 1, 2005.
                
Sec. 16.037.  REINSTATEMENT OF REGISTRATION.  
(a)  If the registrar determines after cancellation of a registration that the registration should not have been canceled, the registrar shall reinstate it.
(b)  If, after canceling a voter's registration under Section 16.032, the registrar receives a statement of residence executed by the voter under Section 63.0011 at an election held before the date the voter's registration was required to be canceled, the registrar shall reinstate the registration.
(c)  On reinstatement of a registration, the registrar shall enter the date of and reason for the reinstatement on the voter's registration application and duplicate registration certificate, make any appropriate corrections in the registration records, and take any other action necessary to give effect to the reinstatement.
(d)  A reinstatement of a registration takes effect immediately.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 916, Sec. 13, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 797, Sec. 21, eff. Sept. 1, 1995.
                
Sec. 16.038.  NOTICE OF REINSTATEMENT TO VOTER.  
(a)  Immediately on reinstatement of a registration, the registrar shall deliver written notice of the reinstatement to the voter.
(b)  The notice shall be delivered by mail to the mailing address on the voter's registration application and to any new address known to the registrar.
(c)  The notice must include the date of and reason for the reinstatement.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 16.039.  FAILURE BY REGISTRAR TO TIMELY PERFORM DUTY. 
 (a)  If a registrar fails to timely perform a duty imposed on the registrar under this subchapter requiring the approval, change, or cancellation of a voter's registration, the secretary of state may withhold funds administered and distributed by the secretary under Chapter 19 or Section 31.009 from the registrar.
(b)  Notwithstanding Subsection (a), the secretary of state shall distribute funds under Chapter 19 or Section 31.009 if the registrar performs the registrar's duty not later than 30 days after the funds are withheld.
Added by Acts 2021, 87th Leg., R.S., Ch. 435 (S.B. 1113), Sec. 1, eff. September 1, 2021.
                
SUBCHAPTER C. CHALLENGE OF CANCELLATION
                
Sec. 16.061.  RIGHT TO CHALLENGE CANCELLATION.  
A person whose voter registration is canceled may challenge the cancellation at a hearing before the registrar.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 16.062.  REQUEST FOR HEARING ON CHALLENGE.  
A person desiring to challenge the cancellation of the person's registration must file with the registrar a written, signed request for a hearing on the challenge.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 10, eff. Sept. 1, 1997.
                
Sec. 16.063.  REINSTATEMENT PENDING CHALLENGE.  
(a)  On the filing of a hearing request under Section 16.062, the registrar shall reinstate the challenging voter's registration pending determination of the challenge.
(b)  Sections 16.037(c) and (d) apply to a reinstatement under this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 16.064.  HEARING ON CHALLENGE.  
(a)  On the filing of a hearing request, the registrar shall schedule a hearing on the challenge.
(b)  The registrar shall conduct the hearing not later than the 10th day after the date the request is filed or on a later date at the request of the challenging voter.
(c)  The voter may appear personally at the hearing to offer evidence or argument.  The voter may offer evidence or argument by affidavit without personally appearing if the voter submits the affidavit to the registrar before the hearing begins.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 16.065.  NOTICE OF HEARING.  
The registrar shall deliver written notice of the date, hour, and place set for the hearing on the challenge to the challenging voter not later than the second day after the date the hearing request is filed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 16.066.  DETERMINATION OF CHALLENGE.  
(a)  After hearing and considering the evidence or argument, the registrar shall promptly determine the challenge and issue a decision in writing.
(b)  If the registrar determines that the registration should not have been canceled, the registration continues in effect.
(c)  If the registrar determines that the cancellation of the registration was proper, the registrar shall cancel the registration on the 31st day after the date the registrar's decision is issued.
(d)  The registrar shall retain a copy of the decision on file with the duplicate registration certificate of the challenging voter and shall deliver a copy to the voter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
SUBCHAPTER D. CHALLENGE OF REGISTRATION
                
Sec. 16.091.  RIGHT TO CHALLENGE REGISTRATION.  
Except as otherwise provided by this subchapter, a registered voter may challenge the registration of another voter of the same county at a hearing before the registrar.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1995, 74th Leg., ch. 797, Sec. 22, eff. Sept. 1, 1995.
                
Sec. 16.092.  SWORN STATEMENT REQUIRED.  
A voter desiring to challenge a registration must file with the registrar a sworn statement of the grounds for the challenge that:
(1)  identifies the voter whose registration is being challenged;  and
(2)  states a specific qualification for registration that the challenged voter has not met based on the personal knowledge of the voter desiring to challenge the registration.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1165, Sec. 1, eff. Sept. 1, 2003.
                
Sec. 16.0921.  CONFIRMATION NOTICE ON CHALLENGE BASED ON RESIDENCE. 
 (a)  Except as provided by Subsection (c), on the filing of a sworn statement under Section 16.092 alleging a ground based on residence, the registrar shall promptly deliver to the voter whose registration is challenged a confirmation notice in accordance with Section 15.051, unless the residential address provided in the challenge for the voter is different from the voter's current residential address indicated on the registration records.
(b)  If the voter fails to submit a response to the registrar in accordance with Section 15.053, the registrar shall enter the voter's name on the suspense list.
(c)  The registrar may not deliver a confirmation notice resulting from a sworn statement filed after the 75th day before the date of the general election for state and county officers until after the date of that election.  This subsection does not apply to a person who submits a registration application after the 75th day and prior to the 30th day before the general election for state and county officers.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 23, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.07, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1166, Sec. 1, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.07, eff. September 1, 2005.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 23, eff. September 1, 2021.
                
Sec. 16.093.  HEARING ON CHALLENGE.  
(a)  On the filing of a sworn statement under Section 16.092 alleging a ground other than residence, the registrar shall schedule a hearing on the challenge.  The hearing procedure does not apply to an allegation of a ground based on residence.
(b)  The registrar shall conduct the hearing not later than the 20th day after the date the statement is filed or on a later date requested by either party and agreed to by both parties.
(c)  A party may appear personally at the hearing to offer evidence or argument.  A party may offer evidence or argument by affidavit without personally appearing if the party submits the affidavit to the registrar before the hearing begins.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1995, 74th Leg., ch. 797, Sec. 24, eff. Sept. 1, 1995.
                
Sec. 16.094.  NOTICE OF HEARING. 
 (a)  The registrar shall deliver written notice of the hearing on the challenge to each party to the controversy not later than the 15th day before the date of the hearing.
(b)  The notice must include:
(1)  the date, hour, and place set for the hearing;  and
(2)  a brief explanation of the right to appeal the registrar's decision.
(c)  The notice delivered to the voter whose registration is challenged must be accompanied by a copy of the sworn statement of the grounds for the challenge.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 16.095.  DETERMINATION OF CHALLENGE.  
(a)  After hearing and considering the evidence or argument, the registrar shall promptly determine the challenge and issue a decision in writing.
(b)  If the registrar determines that the voter's registration should not be canceled, the registration continues in effect.
(c)  If the registrar determines that the voter's registration should be canceled, the registrar shall cancel the registration on the 31st day after the date the registrar's decision is issued.
(d)  The registrar shall retain a copy of the decision on file with the duplicate registration certificate of the voter whose registration was challenged and shall deliver a copy to each party to the challenge.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 17.001.  RIGHT OF APPEAL BY APPLICANT FOR REGISTRATION.  
An applicant for voter registration is entitled to appeal an adverse decision issued by the registrar under Section 13.079.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                            
Sec. 17.002.  RIGHT OF APPEAL BY REGISTERED VOTER.  
A party to a challenge under Subchapter C or D of Chapter 16  is entitled to appeal an adverse decision issued by the registrar.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                            
Sec. 17.003.  PETITION FOR REVIEW.  
(a)  A party desiring to appeal under this chapter must file a petition for review in the district court not later than the 30th day after the date the adverse decision is issued.
(b)  Citation is issued and served in the manner provided by law for civil suits generally.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                            
Sec. 17.004.  COPY FILED WITH REGISTRAR.  
(a)  Not later than the deadline for filing a petition for review, the petitioner must deliver a copy of the petition to the registrar who issued the adverse decision.
(b)  A petition delivered by mail is considered to be delivered at the time of its receipt by the registrar.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                            
Sec. 17.005.  CANCELLATION DELAYED PENDING APPEAL.  
If a voter's registration is to be canceled following a decision from which an appeal is taken, the registrar shall delay canceling the registration, pending the outcome of the appeal, on the timely delivery of the copy of the petition for review.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                            
Sec. 17.006.  VENUE.  
Venue of an appeal under this chapter is in the county served by the registrar who issued the decision from which the appeal is taken.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                            
Sec. 17.007.  SCOPE OF REVIEW.  
(a)  Review by the district court under this chapter is by trial de novo.
(b)  The district court shall try all issues of fact and law raised by the pleadings in the manner applicable to civil suits generally.
(c)  The court may not admit in evidence the fact of prior action by the registrar, except to the extent necessary to establish its jurisdiction.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                            
Sec. 17.008.  DECISION NOT APPEALABLE.  
A decision of the district court under this chapter is not appealable.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. 

SUBCHAPTER A. NUMBER AND LOCATION OF POLLING PLACES
                
Sec. 43.001.  ONE POLLING PLACE IN EACH PRECINCT.  
Each election precinct established for an election shall be served by a single polling place located within the boundary of the precinct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 43.002.  DESIGNATION OF LOCATION:  GENERAL OR SPECIAL ELECTION USING COUNTY PRECINCTS.  (a)  For a general or special election in which the use of county election precincts is required, the county clerk shall recommend the location of the polling place for each county election precinct, except as provided by Subsection (b).  The commissioners court shall designate the recommended location as the polling place unless the court finds good cause to reject the recommendation.  In that case, the commissioners court shall designate another location.
(b)  If county election precincts are consolidated, the commissioners court shall designate the location of the polling place for the consolidated precinct.
(c)  In making a designation under this section, the commissioners court of a county with a population of more than 175,000 may not designate a location as a polling place that would require a voter in the precinct to travel more than 25 miles from the voter's residence to the polling place.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2005, 79th Leg., Ch. 742 (H.B. 2759), Sec. 3, eff. September 1, 2005.
                
Sec. 43.003.  DESIGNATION OF LOCATION:  PRIMARY ELECTION. 
 The county chair of a political party holding a primary election shall designate the location of the polling place for each election precinct in the primary unless the precinct is one that is consolidated.  In that case, the county executive committee shall designate the location.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 43, eff. Sept. 1, 1997.
                
Sec. 43.004.  DESIGNATION OF LOCATION:  ELECTIONS OF OTHER POLITICAL SUBDIVISIONS.  
(a)  The governing body of each political subdivision authorized to hold elections, other than a county, shall designate the location of the polling place for each of its election precincts.
(b)  If a political subdivision holds an election on a uniform election date and is required to use the regular county election precincts, the political subdivision shall designate as the polling places for the election the regular county polling places in the county election precincts that contain territory from the political subdivision.
(c)  If a political subdivision holds an election jointly with an election described by Section 43.007(a)(1), (2), (3), or (4) and is required to use countywide polling places under Section 43.007, the governing body of the political subdivision may designate as the polling places for any required runoff election only the polling places located in the territory or in and near the territory of the political subdivision where eligible voters reside.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2005, 79th Leg., Ch. 1042 (H.B. 1209), Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1261 (H.B. 2926), Sec. 3, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1169 (S.B. 578), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 549 (H.B. 2027), Sec. 4, eff. September 1, 2015.
                
Sec. 43.005.  DESIGNATION OF LOCATION:  CERTAIN SPECIAL ELECTIONS.  
The authority establishing election precincts under Section 42.062 shall designate the location of the polling place for each precinct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 43.006.  CONFLICTS WITH OTHER LAW.  
A law outside this subchapter supersedes this subchapter to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 43.007.  COUNTYWIDE POLLING PLACE PROGRAM.  
(a)  The secretary of state shall implement a program to allow each commissioners court participating in the program to eliminate county election precinct polling places and establish countywide polling places for:
(1)  any election required to be conducted by the county;
(2)  any election held as part of a joint election agreement with a county under Chapter 271;
(3)  any election held under contract for election services with a county under Subchapter D, Chapter 31;
(4)  each primary election and runoff primary election if:
(A)  the county chair or county executive committee of each political party participating in a joint primary election under Section 172.126 agrees to the use of countywide polling places; or
(B)  the county chair or county executive committee of each political party required to nominate candidates by primary election agrees to use the same countywide polling places; and
(5)  each election of a political subdivision located in the county that is held jointly with an election described by Subdivision (3) or (4).
(b)  The commissioners court of a county that desires to participate in the program authorized by this section shall hold a public hearing on the county's participation in the program.  The commissioners court shall submit a transcript or electronic recording of the public comments made at the hearing to the secretary of state.  A county that has previously participated in a similar program and held a public hearing on the county's participation in that program is not required to hold a hearing under this subsection.
Text of subsection effective until December 02, 2021
(c)  In conducting the program, the secretary of state shall provide for an audit of the direct recording electronic voting units before and after the election, and during the election to the extent such an audit is practicable.
Text of subsection effective on December 02, 2021
(c)  In conducting the program, the secretary of state shall provide for an audit of the voting system equipment before and after the election, and during the election to the extent such an audit is practicable.
Text of subsection effective until December 02, 2021
(d)  The secretary of state shall select to participate in the program each county that:
(1)  has held a public hearing under Subsection (b);
(2)  has submitted documentation listing the steps taken to solicit input on participating in the program by organizations or persons who represent the interests of voters;
(3)  has implemented a computerized voter registration list that allows an election officer at the polling place to verify that a voter has not previously voted in the election;
(4)  uses direct recording electronic voting machines; and
(5)  is determined by the secretary of state to have the appropriate technological capabilities.
Text of subsection effective on December 02, 2021
(d)  The secretary of state shall select to participate in the program each county that:
(1)  has held a public hearing under Subsection (b);
(2)  has submitted documentation listing the steps taken to solicit input on participating in the program by organizations or persons who represent the interests of voters;
(3)  has implemented a computerized voter registration list that allows an election officer at the polling place to verify that a voter has not previously voted in the election;
(4)  uses direct recording electronic voting machines, ballot marking devices, or hand-marked scannable paper ballots that are printed and scanned at the polling place or any other type of voting system equipment that the secretary of state determines is capable of processing votes for each type of ballot to be voted in the county; and
(5)  is determined by the secretary of state to have the appropriate technological capabilities.
(e)  Each countywide polling place must allow a voter to vote in the same elections in which the voter would be entitled to vote in the county election precinct in which the voter resides.
(f)  In selecting countywide polling places, a county must adopt a methodology for determining where each polling place will be located.  The total number of countywide polling places may not be less than:
(1)  except as provided by Subdivision (2), 50 percent of the number of precinct polling places that would otherwise be located in the county for that election; or
(2)  for an election held in the first year in which the county participates in the program, 65 percent of the number of precinct polling places that would otherwise be located in the county for that election.
(g)  A county participating in the program must establish a plan to provide notice informing voters of the changes made to the locations of polling places under the program.  The plan must require that notice of the location of the nearest countywide polling place be posted on election day at each polling place used in the previous general election for state and county officers that is not used as a countywide polling place.
(h)  In adopting a methodology under Subsection (f) or creating the plan under Subsection (g), the county shall solicit input from organizations or persons located within the county who represent minority voters.
(i)  The secretary of state may only select to participate in the program six counties with a population of 100,000 or more and four counties with a population of less than 100,000.
(j)  Not later than January 1 of each odd-numbered year, the secretary of state shall file a report with the legislature.  The report must include any complaints or concerns regarding a specific election that have been filed with the office of the secretary of state before the preparation of the report and any available information about voter turnout and waiting times at the polling places.  The report may include the secretary of state's recommendations on the future use of countywide polling places and suggestions for statutory amendment regarding the use of countywide polling places.
(k)  Each county that previously participated in a program under this section is authorized to continue participation in the program for future elections described by Subsection (a) if:
(1)  the commissioners court of the county approves participation in the program; and
(2)  the secretary of state determines the county's participation in the program was successful.
(l)  Subsections (b), (c), and (d) do not apply to a county participating in the program under Subsection (k).
(m)  In adopting a methodology under Subsection (f), the county must ensure that:
(1)  each county commissioners precinct contains at least one countywide polling place; and
(2)  the total number of polling places open for voting in a county commissioners precinct does not exceed more than twice the number of polling places in another county commissioners precinct.
(n)  To the greatest extent possible, countywide polling places shall be located in a precinct where the political party that received the greatest number of votes in the last gubernatorial election is the same political party with which the presiding judge is affiliated.
(o)  Each countywide polling place must post a notice of the four nearest countywide polling place locations by driving distance.
(p)  If a court orders any countywide polling place to remain open after 7 p.m., all countywide polling places located in that county shall remain open for the length of time required in the court order.
Added by Acts 2009, 81st Leg., R.S., Ch. 606 (H.B. 719), Sec. 1, eff. September 1, 2009.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1002 (H.B. 2194), Sec. 8, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1169 (S.B. 578), Sec. 2, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 11, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1188 (H.B. 3965), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 38, eff. September 1, 2021.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.03, eff. December 2, 2021.
                
SUBCHAPTER B. BUILDING FOR USE AS POLLING PLACE
                
Sec. 43.031.  POLLING PLACE IN PUBLIC BUILDING.  
(a)  In this subchapter, "public building" means a building owned or controlled by the state or a political subdivision.
Text of subsection effective until December 02, 2021
(b)  Each polling place shall be located inside a building.
Text of subsection effective on December 02, 2021
(b)  Each polling place shall be located inside a building.  No voter may cast a vote from inside a motor vehicle unless the voter meets the requirements of Section 64.009.
(c)  The building selected for a polling place shall be a public building if practicable. The entity that owns or controls a public building shall make the building available for use as a polling place in any election that covers territory in which the building is located.  If more than one authority requests the use of the building for the same day and simultaneous use is impracticable, the entity that owns or controls the building shall determine which authority may use the building.
(d)  If a suitable public building is unavailable, the polling place may be located in some other building, including a building on a federal military base or facility with the permission of the post or base commander, and any charge for its use is an election expense.  A polling place may not be located in a building under this subsection unless electioneering is permitted on the building's premises outside the prescribed limits within which electioneering is prohibited, except that a polling place may be located in a building at which electioneering is not permitted if it is the only building available for use as a polling place in the election precinct.
(e)  A polling place may not be located at the residence of a person who is:
(1)  a candidate for an elective office, including an office of a political party;  or
(2)  related within the third degree by consanguinity or the second degree by affinity, as determined under Chapter 573, Government Code, to a candidate described by Subdivision (1).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 976, Sec. 1, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1316, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 516, Sec. 1, June 20, 2003.
Amended by: 
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.04, eff. December 2, 2021.
                
Sec. 43.032.  BUILDING ACQUIRED BY COUNTY FOR POLLING PLACE.  
(a)  If a public building is unavailable for use as the polling place for a county election precinct, the commissioners court may purchase or construct a building in the precinct for that purpose.
(b)  The commissioners court may permit a building purchased or constructed under Subsection (a) to be used with or without charge for purposes other than as a polling place.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 976, Sec. 1, eff. Sept. 1, 1989.
                
Sec. 43.033.  CONSIDERATION FOR USE OF PUBLIC BUILDING AS POLLING PLACE.  
(a)  No charge, including a charge for personnel, utilities, or other expenses incurred before or after regular business hours, may be made for the use of a public building for a polling place if the day of the election is a day on which the building is normally open for business.  If the day of the election is a day on which the building is not normally open for business, a charge may be made only for reimbursement for the actual expenses resulting from use of the building in the election.
(b)  The reimbursing authority is entitled to an itemized statement of expenses before making remittance.
(c)  A person commits an offense if the person assesses a charge for the use of a public building for a polling place in violation of Subsection (a).  An offense under this subsection is a Class C misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 481, Sec. 1, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 976, Sec. 2, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 728, Sec. 12, eff. Sept. 1, 1993.
                
Sec. 43.034.  ACCESSIBILITY OF POLLING PLACE TO THE ELDERLY AND PERSONS WITH PHYSICAL DISABILITIES.  
(a)  Each polling place shall be accessible to and usable by the elderly and persons with physical disabilities. To be considered accessible, a polling place must meet the standards established under Article 9102, Revised Statutes, including the following standards:
(1)  the polling place must be on the ground-level floor or be accessible from the ground-level floor by an elevator with doors that provide an opening of at least 36 inches in width;
(2)  doors, entrances, and exits used to enter or leave the polling place must have a minimum width of 32 inches;
(3)  any curb adjacent to the main entrance to a polling place must have curb cuts or temporary nonslip ramps;
(4)  any stairs necessary to enter or leave the polling place must have a handrail on each side of the stairs and a nonslip ramp;  and
(5)  the polling place may not have a barrier that impedes the path of a person with physical disabilities to the voting station.
(b)  The commissioners court shall provide a polling place that complies with Subsection (a) in each county election precinct.  The site shall be made available for use as a polling place on every day that an election may be held within the precinct by any authority that holds elections.  The commissioners court may make expenditures from either the general fund or the permanent improvement fund to bring an existing county-owned site into compliance with Subsection (a).
(c)  The governing body of each political subdivision that holds elections shall cooperate with the commissioners court in its respective county in implementing this section and is subject to the same requirements for compliance as prescribed by Subsection (b). If the authority holding an election rejects a county-designated polling place that is available and chooses to use a different site of its own designation, it shall provide a polling place that complies with Subsection (a) at its own expense.  A political party that is holding a primary election may not reject an available county-designated polling place without the prior consent of the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 622, Sec. 1, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 809, Sec. 1, 2, eff. Sept. 1, 1999.
                
SUBCHAPTER C. INFORMATION REGARDING LOCATION OF POLLING PLACE
                
Sec. 43.061.  NOTICE OF CHANGE OF LOCATION OF POLLING PLACE. 
 (a)  This section applies only to a general or special election that is ordered by the governor or the county judge.
(b)  If the location of a polling place changes after notice of an election is given under Section 4.003, the county clerk shall give notice of the change not later than the earlier of:
(1)  24 hours after the location is changed;  or
(2)  72 hours before the polls open on election day.
(c)  Notice required by Subsection (b) must be given by:
(1)  notifying each candidate whose name appears on the ballot in the election or, in the case of an office filled by voters of more than one county, notifying the county chair or, for an independent candidate, the county judge of the county in which the change occurs;  or
(2)  posting the notice in a listing used specifically to inform the public of changes to the location of a polling place on any Internet website that the county clerk maintains to provide information on elections held in the county.
Added by Acts 2001, 77th Leg., ch. 802, Sec. 1, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 709 (S.B. 427), Sec. 2(a), eff. September 1, 2005.
                
Sec. 43.062.  NOTICE AT PREVIOUS POLLING PLACE. 
 If the location of the polling place for an election precinct is different from the location used for the precinct in the preceding election ordered by the same authority, the authority responsible for giving notice of the election shall, if possible, post notice at the entrance to the previous polling place stating that the location has changed and providing the location of the new polling place.
Added by Acts 2001, 77th Leg., ch. 802, Sec. 1, eff. Sept. 1, 2001.
                
Sec. 43.063.  USE OF COMPUTERIZED INFORMATION.  
In an election in which detailed poll location information is available at a polling place through a computer, an election officer shall provide that information to assist voters in determining the correct polling place location for the voter's election precinct.
Added by Acts 2001, 77th Leg., ch. 802, Sec. 1, eff. Sept. 1, 2001.

SUBCHAPTER A. REGISTRATION LISTS
                
Sec. 18.001.  ORIGINAL LIST OF REGISTERED VOTERS.  
(a)  Before the beginning of early voting for the first election held in a county in each voting year, the registrar shall prepare for each county election precinct a certified list of the registered voters in the precinct.  The list must contain the name of each voter whose registration will be effective on the date of the first election held in the county in the voting year.
(b)  On request of the authority responsible for procuring election supplies for an election authorized by law to be held in the county during the voting year for which the lists are prepared, the registrar shall furnish to the authority a list for each county election precinct wholly in the territory covered by the election.  On request of the authority for an election in which a county election precinct is partly in the political subdivision or partly in a territorial unit of the political subdivision from which a member of the subdivision's governing body is elected by only the voters residing in that unit, the registrar shall furnish for each partly included county election precinct a list that contains only the names of voters who reside in the political subdivision or territorial unit, as applicable.  The request for restricted lists must be accompanied by a description or map of the applicable boundary of the political subdivision or territorial unit that is in sufficient detail to enable the registrar to prepare the requested lists.  The request must be delivered early enough to afford the registrar reasonable time to prepare timely lists.
(c)  Except as otherwise provided by this code, the list shall be used throughout the voting year.
(d)  An additional copy of each list shall be furnished for use in early voting.
(e)  In this code, "original list of registered voters" means a list prepared under this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.32;  Acts 1991, 72nd Leg., ch. 554, Sec. 3, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, Sec. 3, eff. Sept. 1, 1993.
                
Sec. 18.002.  SUPPLEMENTAL LIST OF REGISTERED VOTERS.  
(a)  For each election held in the county in a voting year, on request of the authority responsible for procuring election supplies, the registrar shall prepare and furnish to the authority a certified list supplementing each original list furnished to the authority.  The list must contain the name of each voter whose registration will be effective on election day but whose name does not appear on the original list.
(b)  For a runoff election, as an alternative to the list required by Subsection (a), the registrar may furnish for each county election precinct wholly or partly in the territory covered by the runoff a certified list containing the name of each voter whose registration will be effective on runoff election day but whose name does not appear on the original list or on a list furnished under Subsection (a) for the main election.
(c)  An additional copy of each list shall be furnished for use in early voting and as needed in order to ensure all voters eligible to vote in an election appear correctly on the original list.
(d)  In this code, "supplemental list of registered voters" means a list prepared under this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.33;  Acts 1991, 72nd Leg., ch. 554, Sec. 4, eff. Sept. 1, 1991.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 24, eff. September 1, 2021.
                
Sec. 18.003.  REGISTRATION CORRECTION LIST.  
(a)  For each election held in the county in a voting year, the registrar shall prepare and furnish to the authority responsible for procuring election supplies a certified list of corrections.
(b)  The list must contain:
(1)  the name of each person for whom the information on a list of registered voters furnished under Section 18.001 or 18.002 has changed because of cancellation or correction;  and
(2)  an indication that the person's registration has been canceled or the corrected registration information.
(c)  An additional copy of each list shall be furnished for use in early voting and as needed in order to ensure all voters eligible to vote in an election appear correctly on the original list.
(d)  In this code, "registration correction list" means a list prepared under this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.34;  Acts 1991, 72nd Leg., ch. 554, Sec. 5, eff. Sept. 1, 1991.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 25, eff. September 1, 2021.
                
Sec. 18.004.  REVISED ORIGINAL LIST.  
(a)  As an alternative to furnishing a supplemental list of registered voters and a correction list for an election, the registrar may furnish a certified revised original list.
(b)  A revised list must contain the name of each voter whose registration will be effective on election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 18.005.  FORM AND CONTENTS OF LIST. 
 (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.
(b)  If the voter's residence has no address, the list must contain a concise description of the location of the voter's residence.
(c)  The original or supplemental list of registered voters may not contain the residence address of a voter whose residence address is confidential under Section 13.004.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 436, Sec. 7, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 797, Sec. 25, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1315, Sec. 4, eff. Jan. 1, 2004.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 594 (H.B. 41), Sec. 5, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 8.001, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 465 (S.B. 281), Sec. 5, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1146 (H.B. 2910), Sec. 5, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 26, eff. September 1, 2021.
                
Sec. 18.006.  DELIVERY OF LISTS TO ELECTION AUTHORITIES.  
The registrar shall deliver the lists furnished under this subchapter, including the lists furnished under Section 18.007, to the appropriate authority as soon as practicable after the request but in every case in time for receipt before the beginning of early voting by mail for the election in which the lists are to be used.  If those lists do not contain the names of all voters who will be eligible to vote as of the beginning of early voting by personal appearance, another set of the appropriate lists shall be delivered before the beginning of early voting by personal appearance.  If those lists do not contain the names of all voters whose registrations will be effective on election day, another set of the appropriate lists shall be delivered as soon as practicable after the registrar has processed the remaining applications.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 436, Sec. 7, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 501, Sec. 1, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.35;  Acts 1991, 72nd Leg., ch. 554, Sec. 6, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 916, Sec. 14, eff. Sept. 1, 1993.
                
Sec. 18.007.  LISTS FURNISHED FOR PRECINCT CONVENTIONS.  
In a voting year in which a political party holds precinct conventions in the county under Title 10, the registrar, on request of the party's county chair, shall furnish to the chair for use in qualifying individuals for participation in the conventions one of each of the original, supplemental, and correction lists prescribed by this subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 11, eff. Sept. 1, 1997.
                
Sec. 18.008.  COPIES FURNISHED ON REQUEST.  
(a)  The registrar shall furnish a copy of any list prepared under this subchapter to any person requesting it.  The copy shall be furnished without the names of voters whose names appear on a list with the notation "S", or a similar notation, if requested in that form.
(b)  The list shall be furnished as soon as practicable after the request but not later than the 15th day after the date the registrar receives the request or completes preparation of the list from which the copy is to be made, whichever is later.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 99(4), eff. September 1, 2021.
(d)  The copy must be accompanied by a written notice of the criminal penalty prescribed by Section 18.009.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 916, Sec. 15, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 797, Sec. 26, eff. Sept. 1, 1995.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 99(4), eff. September 1, 2021.
                
Sec. 18.009.  UNLAWFUL USE OF INFORMATION ON REGISTRATION LIST.  
(a)  A person commits an offense if the person uses information in connection with advertising or promoting commercial products or services that the person knows was obtained under Section 18.008.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 12, eff. Sept. 1, 1997.
                
Sec. 18.010.  FEES. 
 (a)  The registrar may not charge a fee for furnishing lists required to be furnished under this subchapter except as authorized by this section.
(b)  The fee for each list furnished under Section 18.008 may not exceed the actual expense incurred in reproducing the list for the person requesting it and shall be uniform for each type of copy furnished.
(c)  The registrar shall use fees collected under this section to defray expenses incurred in the preparation of the copy.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 18.011.  FILE OF LISTS FOR COUNTYWIDE ELECTION.  
(a)  The registrar shall maintain a file containing one of each of the lists prepared under this subchapter for each countywide election.
(b)  The registrar shall retain each list on file for two years after election day except a list used in a presidential election, which shall be retained for four years after election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 18.012.  SECRETARY OF STATE TO APPROVE COMPUTER SERVICES CONTRACTS.  
(a)  A county may not contract with a computer service company or other private business entity for services related to the lists required under this subchapter unless the programs, equipment, or other materials to be covered by the contract are approved by the secretary of state.  The secretary may rescind approval of the programs, equipment, or other materials at any time, and on that action the contract is nullified to the extent that it depends on the disapproved items.
(b)  A computer service company or other private business entity may not use modified programs, equipment, or other materials under the contract unless the modifications are approved by the secretary of state.
(c)  A person commits an offense if the person violates Subsection (b).  An offense under this subsection is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 916, Sec. 16, eff. Sept. 1, 1993.
                
Sec. 18.0121.  CONTRACT TO INVESTIGATE VOTER ELIGIBILITY.  
A list of potentially ineligible voters produced for a county by a private business entity may not be made available to the public or otherwise used by the registrar unless the registrar has verified the accuracy of the information on the list through available public records.
Added by Acts 2001, 77th Leg., ch. 555, Sec. 1, eff. Sept. 1, 2001.
                
Sec. 18.013.  POLITICAL SUBDIVISION LIST IN CERTAIN COUNTIES.  
(a)  On the written request of any resident of a political subdivision of which more than one-half of the political subdivision's territory is situated in a county with a population of 25,000 or less, the registrar of a county in which the political subdivision is wholly or partly situated shall prepare and furnish to the person a list containing the registered voters of that county who reside in the political subdivision or, if requested, who reside in a territorial unit of the political subdivision from which a member of the subdivision's governing body is elected by only the voters residing in the territorial unit.
(b)  A request under Subsection (a) must be accompanied by a description or map, if a map is available, of the boundary of the political subdivision or territorial unit.  The boundary information must be of sufficient detail to enable the registrar to prepare the requested list.
(c)  The list must contain the name of each voter whose registration is effective on the date the list is furnished and must comply with the requirements as to form and content prescribed by Section 18.005.
(d)  The list shall be furnished as soon as practicable after the request but not later than the 30th day after the date the registrar receives the request and boundary description or map.
(e)  The registrar may charge a fee for the list not to exceed the actual expense incurred in preparing the list.  The fees shall be used to defray expenses incurred in preparing the lists.
(f)  Section 18.009 applies to the use of information obtained under Subsection (a).
(g)  Except as provided by this section, this subchapter does not apply to a list furnished under this section.
Added by Acts 1991, 72nd Leg., ch. 517, Sec. 1, eff. Sept. 1, 1991.
                
SUBCHAPTER B. REGISTRATION STATEMENTS
                
Sec. 18.043.  STATEMENT REQUIRED UNDER FEDERAL LAW.  
(a)  At the times prescribed by the secretary of state, the registrar shall deliver to the secretary a statement containing the voter registration information determined by the secretary to be necessary to comply with reporting requirements prescribed under federal law.
(b)  The secretary of state shall prescribe the form, content, and procedure for each statement required under this section.
(c)  The registrar shall maintain the information required for the statements in accordance with procedures prescribed by the secretary of state.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 29, eff. Sept. 1, 1995.
                
SUBCHAPTER C. STATEWIDE VOTER REGISTRATION LIST
                
Sec. 18.061.  STATEWIDE COMPUTERIZED VOTER REGISTRATION LIST.  
(a)  The secretary of state shall implement and maintain a statewide computerized voter registration list that serves as the single system for storing and managing the official list of registered voters in the state.
(b)  The statewide computerized voter registration list must:
(1)  contain the name and registration information of each voter registered in the state;
(2)  assign a unique identifier to each registered voter; and
(3)  be available to any county election official in the state through immediate electronic access.
(c)  Under procedures prescribed by the secretary of state, each voter registrar shall provide to the secretary of state on an expedited basis the information necessary to maintain the registration list established under Subsection (a).  The procedures shall provide for the electronic submission of the information and ensure that each voter registrar collects and reports the correct month, day, and year of birth for each registered voter.
(d)  The secretary of state may contract with counties to provide them with electronic data services to facilitate the implementation and maintenance of the statewide computerized voter registration list.  The secretary shall use funds collected under the contracts to defray expenses incurred in implementing and maintaining the statewide computerized voter registration list.
(e)  The secretary of state shall prescribe procedures to ensure that when a voter registers in another county, as determined under Section 16.031(a)(6), the statewide computerized voter registration list is updated to reflect the voter's registration in the new county.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 6, eff. Jan. 1, 2006.
Amended by: 
Acts 2005, 79th Leg., Ch. 1105 (H.B. 2280), Sec. 7, eff. January 1, 2006.
Acts 2017, 85th Leg., R.S., Ch. 713 (H.B. 4034), Sec. 3, eff. June 12, 2017.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 27, eff. September 1, 2021.
                
Sec. 18.062.  INTERSTATE VOTER REGISTRATION CROSSCHECK PROGRAM.  
(a)  To maintain the statewide 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.).
Added by Acts 2015, 84th Leg., R.S., Ch. 473 (S.B. 795), Sec. 1, eff. September 1, 2015.
                
Sec. 18.064.  SANCTION FOR NONCOMPLIANCE.  
If a registrar fails to substantially comply with Section 15.083, 16.032, or 18.061 or with rules adopted by the secretary of state implementing the statewide computerized voter registration list, the registrar is not entitled to receive state funds for financing voter registration in the county.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 114, Sec. 3, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 916, Sec. 19, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 1315, Sec. 7, eff. Jan. 1, 2006.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 3, eff. September 1, 2011.
                
Sec. 18.065.  SECRETARY OF STATE TO MONITOR REGISTRAR'S COMPLIANCE.  
(a)  The secretary of state shall monitor each registrar for substantial compliance with Sections 15.083, 16.032, and 18.061 and with rules implementing the statewide computerized voter registration list.
(b)  On determining that a registrar is not in substantial compliance, the secretary shall deliver written notice of the noncompliance to  the registrar and include in the notice a description of the violation and an explanation of the action necessary for substantial compliance and of the consequences of noncompliance.
(c)  On determining that a noncomplying registrar has corrected the violation and is in substantial compliance, the secretary shall deliver written notice to the registrar that the registrar is in substantial compliance.
(d)   The secretary shall retain a copy of each notice the secretary delivers under this section for two years after the date the notice is delivered.
Text of subsection effective on December 02, 2021
(e)  If the secretary of state determines that a voter registrar is not in substantial compliance with a requirement imposed on the registrar by a provision or rule described in Subsection (a), the secretary of state shall:
(1)  for the first violation, require the registrar to attend a training course under Subsection (h);
(2)  for the second violation, audit the voter registration list for the county in which the registrar serves to determine the actions needed to achieve substantial compliance under Subsection (a) and provide the results of the audit to the registrar; or
(3)  for a third or subsequent violation, if the secretary of state determines that the registrar has not performed any overt actions in pursuance of compliance with the actions identified under Subdivision (2) as necessary for the registrar to achieve substantial compliance under Subsection (a) within 14 days of receiving the results of the audit conducted under that subsection, inform the attorney general that the county which the registrar serves may be subject to a civil penalty under Subsection (f).
Text of subsection effective on December 02, 2021
(f)  A county is liable to this state for a civil penalty of $1,000 for each day after the 14th day following the receipt of the results of the audit conducted under Subsection (e)(2) that the county's voter registrar fails to take overt action to comply with the actions identified under that subsection as necessary for the registrar to achieve substantial compliance under Subsection (a).  The attorney general may bring an action to recover a civil penalty imposed under this section.
Text of subsection effective on December 02, 2021
(g)  A civil penalty collected by the attorney general under this section shall be deposited in the state treasury to the credit of the general revenue fund.
Text of subsection effective on December 02, 2021
(h)  The secretary of state shall develop and implement a training course for registrars on substantial compliance with Sections 15.083, 16.032, and 18.061 and with rules implementing the statewide computerized voter registration list.
Text of subsection effective on December 02, 2021
(i)  The secretary of state shall adopt rules and prescribe procedures for the implementation of this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 114, Sec. 4, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 916, Sec. 20, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 1315, Sec. 8, eff. Jan. 1, 2006.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 15.01, eff. September 28, 2011.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 2.06, eff. December 2, 2021.
                
Sec. 18.066.  AVAILABILITY OF STATEWIDE COMPUTERIZED VOTER REGISTRATION LIST INFORMATION.  (a)  The secretary of state shall furnish information in the statewide computerized voter registration list to any person on request not later than the 15th day after the date the request is received.
(b)  Information furnished under this section may not include:
(1)  a voter's social security number; or
(2)  the residence address of a voter whose residence address is confidential under Section 13.004.
(c)  The secretary shall furnish the information in the form and order in which it is stored or if practicable in any other form or order requested.
(d)  To receive information under this section, a person must submit an affidavit to the secretary stating that the person will not use the information obtained in connection with advertising or promoting commercial products or services.
(e)  The secretary may prescribe a schedule of fees for furnishing information under this section.  A fee may not exceed the actual expense incurred in reproducing the information requested.
(f)  The secretary shall use fees collected under this section to defray expenses incurred in the furnishing of the information.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 9, 10, eff. Jan. 1, 2006.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 594 (H.B. 41), Sec. 6, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 465 (S.B. 281), Sec. 6, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1146 (H.B. 2910), Sec. 6, eff. September 1, 2019.
                
Sec. 18.067.  UNLAWFUL USE OF STATEWIDE COMPUTERIZED VOTER REGISTRATION LIST.  
(a)  A person commits an offense if the person uses information in connection with advertising or promoting commercial products or services that the person knows was obtained under Section 18.066.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 13, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 11, eff. Jan. 1, 2006.
                
Sec. 18.068.  COMPARISON OF INFORMATION REGARDING INELIGIBILITY.
Text of subsection effective until December 02, 2021
  (a)  The secretary of state shall quarterly compare the information received under Section 16.001 of this code and Section 62.113, Government Code, to the statewide computerized voter registration list. If the secretary determines that a voter on the registration list is deceased or has been excused or disqualified from jury service because the voter is not a citizen, the secretary shall send notice of the determination to the voter registrar of the counties considered appropriate by the secretary.
Text of subsection effective on December 02, 2021
(a)  The secretary of state shall quarterly compare the information received under Section 16.001 of this code and Sections 62.113 and 62.114, Government Code, to the statewide computerized voter registration list.  If the secretary determines that a voter on the registration list is deceased or has been excused or disqualified from jury service because the voter is not a citizen or a resident of the county in which the voter is registered to vote, the secretary shall send notice of the determination to the voter registrar of the counties considered appropriate by the secretary.
Text of subsection effective on December 02, 2021
(a-1)  The secretary of state is not required to send notice under Subsection (a) for a voter who is subject to an exemption from jury service under Section 62.106, Government Code, if that exemption is the only reason the voter is excused from jury service.
(b)  The secretary of state shall by rule determine what information combinations identified as common to a voter and to an individual who is deceased constitute a weak match or a strong match in order to:
(1)  produce the least possible impact on Texas voters; and
(2)  fulfill its responsibility to manage the voter rolls.
(c)  The secretary of state may not determine that a voter is deceased based on a weak match.  The secretary of state may inform the county of the voter's residence that a weak match exists.
(d)  On receiving notification from the secretary of state under Subsection (c) that a weak match of identifying information exists for a county voter and an individual who is deceased, the county shall investigate whether the voter is the individual who is deceased.
(e)  The secretary of state may determine that a voter is deceased based on a strong match.
(f)  The secretary of state may obtain, for purposes of determining whether a voter is deceased, information from other state agency databases relating to a voter that is the same type of information that the secretary of state or a voter registrar collects or stores for voter registration purposes.
Added by Acts 2011, 82nd Leg., R.S., Ch. 683 (H.B. 174), Sec. 4, eff. September 1, 2011.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 1093 (H.B. 3593), Sec. 2, eff. September 1, 2013.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 2.07, eff. December 2, 2021.
                
Sec. 18.0681.  SECRETARY OF STATE AUTHORITY TO ELIMINATE DUPLICATE REGISTRATION RECORDS.  
(a)  The secretary of state shall periodically compare the information regarding voters maintained as part of the statewide computerized voter registration list to determine whether any voters have more than one voter registration record on file.
(b)  The secretary of state shall by rule determine what information combinations identified as common to more than one registration record constitute a weak match or a strong match in order to:
(1)  produce the least possible impact on Texas voters; and
(2)  fulfill its responsibility to manage the voter rolls.
(c)  The secretary of state may not determine that a voter has more than one registration record based on a weak match.  The secretary of state may inform the county of the voter's residence that a weak match exists.
(d)  If the secretary of state determines that a voter on the registration list has more than one registration record on file based on a strong match, the secretary shall send notice of the determination to the voter registrar of the county with the oldest registration record in which the voter is registered to vote.  If the voter records identified are:
(1)  located in the same county, the voter registrar may merge the records following a determination that each record belongs to the same voter using the procedure for the correction of registration records under Section 15.022; or
(2)  located in more than one county, the registrar of the county with the oldest record may deliver a written confirmation notice in accordance with Section 15.051 or cancel the registration of the voter in accordance with Section 16.031(a)(1), provided that the voter's record in the county with the newest registration record is not on the suspense list.
Added by Acts 2017, 85th Leg., R.S., Ch. 713 (H.B. 4034), Sec. 4, eff. June 12, 2017.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 28, eff. September 1, 2021.
                
Sec. 18.069.  VOTING HISTORY.  
Not later than the 30th day after the date of the primary, runoff primary, or general election or any special election ordered by the governor, the general custodian of election records shall electronically submit to the secretary of state the record of each voter participating in the election.  The record must include a notation of whether the voter voted on election day, voted early by personal appearance, voted early by mail under Chapter 86, or voted early by mail under Chapter 101.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 5, eff. September 1, 2011.
Redesignated from Election Code, Section 18.068 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(14), eff. September 1, 2013.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 294 (H.B. 2050), Sec. 1, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 29, eff. September 1, 2021.

Sec. 11.001.  Eligibility to vote.  
(a)  Except as otherwise provided by law, to be eligible to vote in an election in this state, a person must:
(1)  be a qualified voter as defined by Section 11.002 on the day the person offers to vote;
(2)  be a resident of the territory covered by the election for the office or measure on which the person desires to vote; and
(3)  satisfy all other requirements for voting prescribed by law for the particular election.
(b)  For a person who resides on property located in more than one territory described by Subsection (a)(2), the person shall choose in which territory the residence of the person is located.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.06, eff. September 1, 2005.
 
Sec. 11.002.  Qualified voter.  
(a)  In this code, "qualified voter" means a person who:
(1)  is 18 years of age or older;
(2)  is a United States citizen;
(3)  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;
(4)  has not been finally convicted of a felony or, if so convicted, has:
(A)  fully discharged the person's sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or
(B)  been pardoned or otherwise released from the resulting disability to vote;
(5)  is a resident of this state; and
(6)  is a registered voter.
(b)  For purposes of Subsection (a)(4), a person is not considered to have been finally convicted of an offense for which the criminal proceedings are deferred without an adjudication of guilt.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 23, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 16, Sec. 6.01, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 916, Sec. 27, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 850, Sec. 1, eff. Sept. 1, 1997.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 614 (H.B. 417), Sec. 22, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 744 (H.B. 1226), Sec. 1, eff. June 17, 2011.
 
Sec. 11.003.  Place for voting. 
Except as otherwise provided by this code, a person may vote only in the election precinct in which the person resides.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                            
Sec. 11.004.  Voting in precinct of former residence. 
A registered voter who changes residence to another election precinct in the same county, if otherwise eligible, may vote a full ballot in the election precinct of former residence until the voter's registration becomes effective in the new precinct if the voter satisfies the residence requirements prescribed by Section 63.0011 and submits a statement of residence in accordance with that section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 916, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 797, Sec. 1, eff. Sept. 1, 1995.
                            
Sec. 11.005.  Effect of vote by voter registered in wrong precinct.  
If a voter who is erroneously registered in an election precinct in which the voter does not reside is permitted to vote by an election officer who does not know of the erroneous registration, the votes for the offices and measures on which the voter would have been eligible to vote in the voter's precinct of residence are valid unless the voter intentionally gave false information to procure the erroneous registration.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 5, eff. Sept. 1, 1997.

SUBCHAPTER A. GENERAL PROVISIONS
                            
Sec. 20.001.  DESIGNATION OF VOTER REGISTRATION AGENCIES.  
(a)  The following state agencies are designated as voter registration agencies:
(1)  Health and Human Services Commission;
(2)  Department of Aging and Disability Services;
(3)  Department of Assistive and Rehabilitative Services;
(4)  Department of State Health Services; and
(5)  any other agency or program as determined by the secretary of state that primarily provides:
(A)  public assistance; or
(B)  services to persons with disabilities.
(b)  The Department of Public Safety is designated as a voter registration agency.
(c)  Each public library, including any branch or other service outlet, is designated as a voter registration agency.  In this chapter, "public library" means a library that:
(1)  is regularly open for business for more than 30 hours a week;
(2)  is operated by a single public agency or board;
(3)  is open without charge to all persons under identical conditions;  and
(4)  receives its financial support wholly or partly from public funds.
(d)  Each marriage license office of the county clerk is designated as a voter registration agency.
(e)  The secretary of state shall designate other agencies or offices as voter registration agencies as necessary for compliance with federal law.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
Amended by: 
Acts 2005, 79th Leg., Ch. 1090 (H.B. 2068), Sec. 1, eff. September 1, 2005.
                            
Sec. 20.002.  AGENCY-PRESCRIBED REGISTRATION APPLICATION FORM.  
Instead of using the official voter registration application form prescribed by the secretary of state, a voter registration agency may use an official form prescribed by the agency, if approved by the secretary of state.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.003.  OFFICIAL DECLINATION OF REGISTRATION FORM.  
The officially prescribed form for a declination of a voter registration must include:
(1)  spaces for the person's signature and printed name and the date of signing;
(2)  the following question, followed by appropriate boxes preceding "YES" and "NO":  "If you are not registered to vote where you live now, would you like to apply to register to vote here today?";
(3)  if the agency provides public assistance, the statement:  "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.";
(4)  the statement:  "IF YOU HAVE NOT CHECKED EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.";
(5)  the statement:  "If you would like help filling out the voter registration application form, we will help you.  The decision whether to seek or accept help is yours.  You may fill out the application form in private.";
(6)  the statement:  "If you believe that someone has interfered with your right to register or to decline to register to vote or with your right to privacy in deciding whether to register or in applying to register to vote, you may file a complaint with the Elections Division of the Office of the Secretary of State, P.O. Box 12060, Austin, Texas 78711.";
(7)  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;
(8)  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;  and
(9)  a space for indicating that the applicant refused to sign the declination or kept the application to personally submit it to the voter registrar.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.004.  AGENCY COORDINATOR.  
(a)  A voter registration agency shall designate one or more persons to coordinate the agency's voter registration program.  The agency shall notify the secretary of state of the name of each coordinator.
(b)  The registration coordinator shall conduct training for agency employees in voter registration procedures with the assistance of the secretary of state.
(c)  The agency shall submit to the secretary of state a plan to implement voter registration procedures under this chapter.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.005.  DEGREE OF ASSISTANCE.  
A voter registration agency shall provide the same degree of assistance, including any necessary bilingual assistance, to a person in completing a voter registration form as is provided to a person in completing the agency's forms, unless the assistance is refused.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.006.  DETERMINATION OF ELIGIBILITY.  
(a)  An employee of a voter registration agency may not make a determination about a person's eligibility for registration other than a determination of whether the person is of voting age or is a United States citizen.
(b)  A person's age or citizenship may be determined by the employee only if the age or citizenship can be readily determined from information filed with the agency by the person for purposes other than voter registration.
(c)  A person shall be offered voter registration assistance as provided by this chapter even if the person's age or citizenship cannot be determined.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.007.  PROHIBITED ACTS.  
An employee of a voter registration agency may not:
(1)  seek to influence an applicant's political party preference;
(2)  display any political party preference or allegiance;  or
(3)  make any statement or take any action the purpose or effect of which is to:
(A)  discourage the applicant from registering to vote;  or
(B)  lead the applicant to believe that a decision of whether to register has any bearing on the availability of services or benefits.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.008.  ASSISTANCE BY SECRETARY OF STATE OR REGISTRAR. 
 If a question arises concerning voter registration that an agency employee cannot answer, the employee shall provide the person:
(1)  the toll-free telephone number of the Elections Division of the Office of the Secretary of State;  and
(2)  the telephone number of the voter registrar to whom registration applications are submitted.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.009.  ADDITIONAL PROCEDURES.  
The secretary of state shall prescribe any additional procedures necessary for the orderly and proper administration of voter registration procedures under this chapter.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
SUBCHAPTER B. REGISTRATION ASSISTANCE GENERALLY
                            
Sec. 20.031.  FORM PROVIDED.  
A voter registration agency shall provide a voter registration application form to each person who is of voting age and a United States citizen in connection with the person's application for initial services, and also in connection with any recertification, renewal, or change of address, unless the person declines in writing to register to vote.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.032.  REGISTRATION PROCEDURES.  
(a)  An appropriate agency employee shall routinely inform each person who applies in person for agency services of the opportunity to complete a voter registration application form and on request shall provide nonpartisan voter registration assistance to the applicant.
(b)  An agency that provides services at a person's residence shall provide the opportunity to complete the form and the assistance under Subsection (a) at the residence.
(c)  On receipt of a registration application, the appropriate agency employee shall review it for completeness in the applicant's presence.  If the application does not contain all the required information and the required signature, the agency employee shall return the application to the applicant for completion and resubmission.
(d)  Information regarding the agency or office to which an application is submitted is confidential and may be used only for voter registration purposes.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.033.  EFFECT OF SUBMISSION OF APPLICATION TO EMPLOYEE. 
 The date of submission of a completed registration application to the agency employee is considered to be the date of submission to the voter registrar for the purpose of determining the effective date of registration only.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.034.  SUBMISSION TO REGISTRAR BY APPLICANT.  
(a)  The applicant may keep the registration application form or the completed application to submit the application personally to the voter registrar.
(b)  The agency employee shall enter on the declination of registration form a notation that after being given the opportunity to register, the applicant kept the application or application form for personal submission of the application to the registrar.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.035.  DELIVERY OF APPLICATIONS TO REGISTRAR.  
(a)  The agency shall deliver to the voter registrar of the county in which the agency office is located each completed registration application submitted to an agency employee.
(b)  An application shall be delivered to the registrar not later than the fifth day after the date the application is submitted to the employee.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.036.  DECLINATION OF REGISTRATION. 
 (a)  If the applicant does not wish to complete a voter registration application form, the agency employee shall request that the applicant complete and sign an official declination of registration form unless the employee determines that the applicant has previously completed and signed the form.
(b)  If the applicant refuses to sign the declination form, the agency employee shall enter on the form a notation of that fact.
(c)  The agency shall preserve each declination for at least 22 months after the date of signing.  The declination may be retained in the applicant's file at the agency or in a separate declination file.
(d)  A declination is confidential and may be used only for voter registration purposes.
(e)  The secretary of state shall prescribe the procedures necessary to eliminate the filing of multiple declinations by an applicant.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.037.  TELEPHONE OR MAIL SERVICES.  
(a)  A voter registration agency that allows a person to apply for services by mail shall deliver to an applicant by mail a voter registration application form on the approval of services for the applicant.
(b)  An agency shall deliver to an applicant by mail a voter registration application form if:
(1)  the agency automatically notifies an applicant to renew or recertify a service by mailing a form to the applicant;  or
(2)  the applicant requests services by telephone and the agency provides services in that manner.
(c)  An application form delivered by mail must be accompanied by a notice informing the applicant that the application may be submitted in person or by mail to the voter registrar of the county in which the applicant resides or in person to a volunteer deputy registrar for delivery to the voter registrar of the county in which the applicant resides.
(d)  The agency may maintain a written record indicating that a registration application was delivered to an applicant.
(e)  The agency is not required to deliver a declination of registration form under this section.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
SUBCHAPTER C. DEPARTMENT OF PUBLIC SAFETY
                            
Sec. 20.061.  APPLICABILITY OF OTHER PROVISIONS.  
The other provisions of this chapter apply to the Department of Public Safety except provisions that conflict with this subchapter.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.062.  DEPARTMENT FORMS AND PROCEDURE.  
(a)  The Department of Public Safety shall prescribe and use a form and procedure that combines the department's application form for a license or card with an officially prescribed voter registration application form.
(b)  The department shall prescribe and use a change of address form and procedure that combines department and voter registration functions.  The form must allow a licensee or cardholder to indicate whether the change of address is also to be used for voter registration purposes.
(c)  The design, content, and physical characteristics of the department forms must be approved by the secretary of state.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.063.  REGISTRATION PROCEDURES.  
(a)  The Department of Public Safety shall provide to each person who applies in person at the department's offices for an original or renewal of a driver's license, a personal identification card, or a duplicate or corrected license or card an opportunity to complete a voter registration application form.
(b)  When the department processes a license or card for renewal by mail, the department shall deliver to the applicant by mail a voter registration application form.
(c)  A change of address that relates to a license or card and that is submitted to the department in person or by mail serves as a change of address for voter registration unless the licensee or cardholder indicates that the change is not for voter registration purposes.  The date of submission of a change of address to a department employee is considered to be the date of submission to the voter registrar for the purpose of determining the effective date of registration only.
(d)  If a completed voter registration application submitted to a department employee does not include the applicant's correct driver's license number or personal identification card number, a department employee shall enter the appropriate information on the application.  If a completed application does not include the applicant's correct residence address or mailing address, a department employee shall obtain the appropriate information from the applicant and enter the information on the application.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 454, Sec. 9, eff. Sept. 1, 1997.
                            
Sec. 20.064.  DECLINATION FORM NOT REQUIRED.  
The Department of Public Safety is not required to comply with the procedures prescribed by this chapter relating to the form for a declination of voter registration.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.065.  DELIVERY OF APPLICATIONS AND CHANGES OF ADDRESS.  
(a)  At the end of each day a Department of Public Safety office is regularly open for business, the manager of the office shall deliver by mail or in person to the voter registrar of the county in which the office is located each completed voter registration application and applicable change of address submitted to a department employee.
(b)  Each weekday the department is regularly open for business, the department shall electronically transfer to the secretary of state the name of each person who completes a voter registration application submitted to the department.  The secretary shall prescribe procedures necessary to implement this subsection.
(c)  On the weekday the secretary of state is regularly open for business following the date the secretary receives information under Subsection (b), the secretary shall inform the appropriate voter registrar of the name of each person who completes a voter registration application submitted to the department.  The registrar may verify that the registrar has received each application as indicated by the information provided by the secretary under this subsection.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1178, Sec. 5, eff. Jan. 1, 2002.
Amended by: 
Acts 2005, 79th Leg., Ch. 1105 (H.B. 2280), Sec. 8, eff. January 1, 2006.
                            
Sec. 20.066.  REGISTRATION PROCEDURES.  
(a)   If a person completes a voter registration application as provided by Section 20.063, the Department of Public Safety shall:
(1)  input the information provided on the application into the department's electronic data system; and
(2)  inform the applicant that the applicant's electronic signature provided to the department will be used for submitting the applicant's voter registration application.
(b)  Not later than the fifth day after the date a person completes a voter registration application and provides an electronic signature to the department, the department shall electronically transfer the applicant's voter registration data, including the applicant's signature, to the secretary of state.
(c)  The secretary of state shall prescribe additional procedures as necessary to implement this section.
(d)  Expired.
(e)  Expired.
Added by Acts 2001, 77th Leg., ch. 1136, Sec. 1, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 1105 (H.B. 2280), Sec. 9, eff. January 1, 2006.
                            
SUBCHAPTER D. PUBLIC LIBRARY
                            
Sec. 20.091.  APPLICABILITY OF OTHER PROVISIONS. 
 The other provisions of this chapter apply to a public library except provisions that conflict with this subchapter.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.092.  REGISTRATION PROCEDURE.  
(a)  A public library shall provide to each person of voting age who applies in person for an original or renewal of a library card an opportunity to complete a voter registration application form.
(b)  A public library shall use the official form prescribed by the secretary of state.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.093.  DECLINATION FORM NOT REQUIRED.  
A public library is not required to comply with the procedures prescribed by this chapter relating to the form for a declination of voter registration.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
SUBCHAPTER E. MARRIAGE LICENSE OFFICE
                            
Sec. 20.121.  APPLICABILITY OF OTHER PROVISIONS.  
The other provisions of this chapter do not apply to a marriage license office of the county clerk unless expressly provided otherwise by the other provision or by rule of the secretary of state.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.122.  REGISTRATION PROCEDURES.  
(a)  When an original marriage license is returned to the licensees after being recorded, the county clerk shall also deliver to the licensees by mail two voter registration application forms.
(b)  The county clerk shall use the official form prescribed by the secretary of state.
(c)  The application forms must be accompanied by a notice informing the licensees that the applications may be submitted in person or by mail to the voter registrar of the county in which they reside or in person to a volunteer deputy registrar for delivery to the voter registrar of the county in which they reside.
(d)  The county clerk may maintain a written record indicating that a registration application was delivered to a licensee.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.
                            
Sec. 20.123.  DECLINATION FORM NOT REQUIRED.  
The county clerk is not required to comply with the procedures prescribed by this chapter relating to the form for a declination of voter registration.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1, 1995.

SUBCHAPTER A. FORM AND CONTENTS OF REGISTRATION CERTIFICATE;  REPLACEMENT OF CERTIFICATE
                
Sec. 15.001.  REQUIRED CONTENTS.  
(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 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.
(b)  A certificate may not contain:
(1)  the voter's telephone number;
(2)  the voter's social security number;  or
(3)  except as provided by Section 15.002, any other information not specified by Subsection (a).
(c)  A certificate issued to a voter who meets the certification requirements of Section 13.002(i) must contain an indication that the voter is exempt from the requirement to present identification other than the registration certificate before being accepted for voting.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 436, Sec. 5, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 390, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 797, Sec. 10, eff. Sept. 1, 1995.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 532 (S.B. 932), Sec. 1, eff. June 16, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 2, eff. January 1, 2012.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 15, eff. September 1, 2021.
                
Sec. 15.002.  OPTIONAL CONTENTS.  
(a)  A voter registration certificate may contain an explanation of the voter's rights or duties under this code, including:
(1)  the procedure by which the voter will receive a renewal certificate;
(2)  the necessity of notifying the registrar if the voter changes residence;
(3)  the necessity of applying for a new registration if the voter changes residence to another county;
(4)  the period during which the voter may vote a limited ballot after changing residence to another county;
(5)  the procedure for voting without a certificate;  and
(6)  the procedure for obtaining a replacement for a lost or destroyed certificate.
(b)  An explanation authorized by Subsection (a) may appear on a separate sheet accompanying the certificate when it is delivered.
(c)  In addition to the territorial units required to be listed on a voter registration certificate under Section 15.001(a)(16), a certificate may contain up to seven jurisdictional or distinguishing numbers for any other territorial units in which the voter resides.
(d)  A voter registration certificate may contain the voter's sex.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 916, Sec. 8, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 797, Sec. 11, eff. Sept. 1, 1995.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 532 (S.B. 932), Sec. 2, eff. June 16, 2007.
                
Sec. 15.003.  SIGNING CERTIFICATE BY VOTER.  
(a)  On receipt of a voter registration certificate issued under this title, the person to whom the certificate is issued must personally sign it in the appropriate space.
(b)  This section does not apply to a person who cannot sign the certificate because of a physical disability or illiteracy.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 15.004.  REPLACEMENT CERTIFICATE. 
 (a)  A voter whose registration certificate is lost or destroyed may obtain a replacement certificate by:
(1)  delivering a written or electronic notice of the loss or destruction to the registrar; or
(2)  telephoning the registrar to request a replacement.
(b)  A replacement certificate requested electronically under Subsection (a)(1) or by telephone under Subsection (a)(2) may be sent only to the mailing address on the voter's registration records.
(c)  Subject to Subsection (b), not later than the 30th day after the date the registrar receives the notice or request, the registrar shall deliver to the voter a replacement certificate containing:
(1)  the registration number and other information on the lost or destroyed certificate; and
(2)  a notation that the certificate is a replacement.
(d)  The registrar shall retain a written or electronic notice submitted under Subsection (a)(1) on file with the voter's registration application. If the voter requests a replacement registration certificate by telephone under Subsection (a)(2), the registrar shall make a written record of the request and keep the record on file with the voter's registration application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 844 (H.B. 1044), Sec. 2, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 349 (H.B. 2263), Sec. 1, eff. June 14, 2013.
                
Sec. 15.005.  NOTICE OF IDENTIFICATION REQUIREMENTS.  
(a)  The voter registrar of each county shall provide notice of the identification requirements for voting prescribed by Chapter 63 and a detailed description of those requirements with each voter registration certificate issued under Section 13.142 or renewal registration certificate issued under Section 14.001.
(b)  The secretary of state shall prescribe the wording of the notice to be included on the certificate under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 3, eff. September 1, 2011.
                
SUBCHAPTER B. CORRECTION OF REGISTRATION INFORMATION
                
Sec. 15.021.  NOTICE OF CHANGE IN REGISTRATION INFORMATION BY VOTER. 
(a)  If a voter discovers incorrect information on the voter's registration certificate or if any of the information becomes incorrect because of a change in circumstances, the voter shall promptly submit to the registrar a written, signed notice of the incorrect information and the corresponding correction.
Text of subsection effective until December 02, 2021
(b)  The voter shall use the registration certificate or a registration application form as the notice, indicating the correct information in the appropriate space on the certificate or application form unless the voter does not have possession of the certificate or an application form at the time of giving the notice.
Text of subsection effective on December 02, 2021
(b)  Except as provided by Subsection (d), the voter shall use the registration certificate or a registration application form as the notice, indicating the correct information in the appropriate space on the certificate or application form unless the voter does not have possession of the certificate or an application form at the time of giving the notice.
(c)  The registrar shall retain the notice on file with the voter's registration application.  If the correction is a change of the voter's name, the registrar shall file the application under the new name.
Text of subsection effective until December 02, 2021
(d)  A voter who continues to reside in the county in which the voter is registered may correct information under this section by digital transmission of the information under a program administered by the secretary of state and the Department of Information Resources.
Text of subsection effective on December 02, 2021
(d)  A voter may correct information under this section by digital transmission of the information under a program administered by the secretary of state and the Department of Information Resources.
Text of subsection effective on December 02, 2021
(d-1)  If the notice indicates that a voter no longer resides in the county in which the voter is registered, the registrar shall forward the notice and the voter's application for registration to the registrar of the county in which the voter resides.  The registrars shall coordinate to ensure that the voter's existing registration is canceled immediately after the voter is registered in the county in which the voter resides in accordance with Subsection (d-2).
Text of subsection effective on December 02, 2021
(d-2)  A registrar who receives a voter's notice and application from another registrar under Subsection (d-1) shall treat it as an original application for registration under Section 13.002, and shall register the voter if the voter resides in the county and is otherwise eligible under Section 13.001.
(e)  The secretary of state shall adopt rules to:
(1)  approve technologies for submitting changes of registration information by digital transmission under this section; and
(2)  prescribe additional procedures as necessary to implement a system for the digital transmission of changes in registration information.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 454, Sec. 5, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 5.03, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1178, Sec. 1, eff. Jan. 1, 2002.
Amended by: 
Acts 2005, 79th Leg., Ch. 1105 (H.B. 2280), Sec. 3, eff. January 1, 2006.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 2.03, eff. December 2, 2021.
                
Sec. 15.0215.  OMISSION OF ADDRESS FOR FEDERAL OR STATE JUDGE, FEDERAL OFFICIAL, AND FAMILY MEMBER.  
(a)  In this section, "family member" has the meaning assigned by Section 31.006, Finance Code.
(b)  On receiving notice from the Office of Court Administration of the Texas Judicial System of the person's qualification for office as a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge and of the names of the judge's or federal official's family members, if applicable, the registrar of the county in which the judge resides shall:
(1)  omit from the registration list the residence address of the judge or official and any family members of the judge or official; and
(2)  prepare a memorandum of the notice, indicating the substance and date of the notification, and retain the memorandum on file with the application.
(c)  A registered district voter who wishes to verify that an elected judge whose personal identifying information is confidential under Section 552.1175, Government Code, resides in the district may request in writing that the registrar certify the judge lives in the district.  The registrar shall exercise due diligence in determining the residence of the judge and respond to the voter in writing not later than the 10th business day after the date the request is received on whether the judge resides in the district.  The registrar may not release the address of the judge.  The registrar is not required to certify the residence of the same judge more than once in a calendar year, but must provide copies of the certification to subsequent requestors.
Added by Acts 2007, 80th Leg., R.S., Ch. 594 (H.B. 41), Sec. 3, eff. September 1, 2007.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 465 (S.B. 281), Sec. 3, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 190 (S.B. 42), Sec. 22, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1146 (H.B. 2910), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1146 (H.B. 2910), Sec. 10, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 383 (S.B. 1134), Sec. 4, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 383 (S.B. 1134), Sec. 5, eff. September 1, 2021.
                
Sec. 15.022.  CORRECTION OF REGISTRATION RECORDS.  
(a)  The registrar shall make the appropriate corrections in the registration records, including, if necessary, deleting a voter's name from the suspense list:
(1)  after receipt of a notice of a change in registration information under Section 15.021;
(2)  after receipt of a voter's reply to a notice of investigation given under Section 16.033;
(3)  after receipt of any affidavits executed under Section 63.006, following an election;
(4)  after receipt of a voter's statement of residence executed under Section 63.0011;
(5)  before the effective date of the abolishment of a county election precinct or a change in its boundary;
(6)  after receipt of United States Postal Service information indicating an address reclassification;
(7)  after receipt of a voter's response under Section 15.053;
(8)  after receipt of a registration application or change of address under Chapter 20; or
(9)  after notification of a data entry error of which the voter registrar is made aware under Section 63.0051.
(b)  At least monthly, the registrar shall request from the United States Postal Service any available information indicating address reclassifications affecting the registered voters of the county.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 12(b), eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 916, Sec. 9, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 797, Sec. 12, eff. Sept. 1, 1995.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 4, eff. January 1, 2012.
Acts 2011, 82nd Leg., R.S., Ch. 1002 (H.B. 2194), Sec. 7, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 5.002, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 16, eff. September 1, 2021.
                
Sec. 15.023.  TIME FOR CERTAIN DELETIONS FROM SUSPENSE LIST.  
If the name of a voter on the list of registered voters appears on the suspense list, the voter's name shall be deleted from the list on the date the voter provides:
(1)  a completed application to register to vote in accordance with Section 13.002; or
(2)  a correction of information under Section 15.021(d).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1995, 74th Leg., ch. 797, Sec. 13, eff. Sept. 1, 1995.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 17, eff. September 1, 2021.
                
Sec. 15.024.  CORRECTED REGISTRATION CERTIFICATE.  
(a)  Except as provided by Subsection (b), after correcting the registration records with respect to a voter, if necessary, the registrar shall issue the voter a registration certificate containing the appropriate corrections and deliver it to the voter not later than the 30th day after the date the registrar receives notice of a correction.
(b)  A corrected certificate is not required for a correction to the registration records under Section 15.022(a)(5).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 844 (H.B. 1044), Sec. 3, eff. September 1, 2007.
                
Sec. 15.025.  EFFECTIVE DATE OF CERTAIN CHANGES IN REGISTRATION INFORMATION.  
(a)  Except as provided by Subsections (b) and (d), 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.
(b)  A change in registration information covered by this section is effective for purposes of early voting if it will be effective on election day.
(c)  For purposes of determining the effective date of a change in registration information covered by this section, a document submitted by mail is considered to be submitted to the registrar on the date it is placed with postage prepaid and properly addressed in the United States mail.  The date indicated by the post office cancellation mark is considered to be the date the document was placed in the mail unless proven otherwise.
(d)  If the 30th day before the date of an election is a Saturday, Sunday, or legal state or national holiday, the document is considered to be timely if it is submitted to the registrar on or before the next regular business day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 916, Sec. 10, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 797, Sec. 14, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1316, Sec. 7, eff. Sept. 1, 2003.
                
Sec. 15.027.  NOTICE TO VOTER OF PRECINCT BOUNDARY CHANGE.  
(a)  Before the effective date of the abolishment of a county election precinct or a change in its boundary, the registrar shall deliver written notice of that action to each affected registered voter.
(b)  If the voter is not issued a corrected registration certificate, the notice shall inform the voter of the new precinct number and direct the voter to correct the precinct number on the voter's registration certificate and to retain the certificate for continued use.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 9, eff. Sept. 1, 1997.
                
Text of section effective until December 02, 2021
Sec. 15.028.  NOTICE OF UNLAWFUL VOTING TO PROSECUTOR.  
(a)  If the registrar determines that a person who is not a registered voter voted in an election, the registrar shall execute and deliver to the county or district attorney having jurisdiction in the territory covered by the election an affidavit stating the relevant facts.
(b)  If the election covers territory in more than one county, the registrar shall also deliver an affidavit to the attorney general.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 916, Sec. 11, eff. Sept. 1, 1993.
Amended by: 
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 2.04, eff. December 2, 2021.
                
Text of section effective on December 02, 2021
Sec. 15.028.  NOTICE OF UNLAWFUL VOTING OR REGISTRATION.   
If the registrar determines that a person who is not eligible to vote registered to vote or voted in an election, the registrar shall, within 72 hours not including weekends after making the determination, execute and deliver to the attorney general, the secretary of state, and the county or district attorney having jurisdiction in the territory covered by the election an affidavit stating the relevant facts.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 916, Sec. 11, eff. Sept. 1, 1993.
Amended by: 
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 2.04, eff. December 2, 2021.
                
SUBCHAPTER C. CONFIRMATION OF RESIDENCE
                
Sec. 15.051.  CONFIRMATION NOTICE.  
(a)  If the registrar has reason to believe that a voter's current residence is different from that indicated on the registration records, or that the voter's residence address is a commercial post office box or similar location that does not correspond to a residence, the registrar shall deliver to the voter a written confirmation notice requesting confirmation of the voter's current residence.
(b)  The registrar shall include an official confirmation notice response form with each confirmation notice delivered to a voter.
(c)  The confirmation notice shall be delivered by forwardable mail to the voter's last known address.
(d)  The registrar shall maintain with the voter's record an indication that a confirmation notice was sent to the voter.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 18, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 869 (S.B. 1111), Sec. 2, eff. September 1, 2021.
                
Sec. 15.052.  OFFICIAL CONFIRMATION NOTICE AND CONFIRMATION NOTICE RESPONSE FORMS. 
(a)  The officially prescribed form for a confirmation notice must include:
(1)  a statement that, if the voter fails to submit to the registrar a written, signed response confirming the voter's current residence on or before the 30th day after the date the confirmation notice is mailed:
(A)  the voter is subject to submission of a statement of residence before the voter may be accepted for voting in an election held after that deadline;  or
(B)  for a notice delivered under Section 14.023, the voter will remain subject to submission of a statement of residence before the voter may be accepted for voting in an election; 
(2)  a warning that the voter's registration is subject to cancellation if the voter fails to confirm the voter's current residence either by notifying the registrar in writing or voting on a statement of residence before November 30 following the second general election for state and county officers that occurs after the date the confirmation notice is mailed; and
(3)  a statement that the voter must include all of the required information on the official confirmation notice response form.
(b)  The official confirmation notice response form must:
(1)  provide spaces for the voter to include all of the information that a person must include in an application to register to vote under Section 13.002;
(2)  describe the requirements of Section 15.054, provide a space for the voter to indicate if the voter is exempt from those requirements, and provide a space to indicate the reason for an exemption, if any;
(3)  provide the definition of residence under Section 1.015; and
(4)  be postage prepaid and preaddressed for delivery to the registrar.
(c)  The registrar may prescribe a different design from that prescribed by the secretary of state for an official form, if approved by the secretary.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.04, eff. Sept. 1, 1999.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 927 (H.B. 3069), Sec. 1, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 869 (S.B. 1111), Sec. 3, eff. September 1, 2021.
                
Sec. 15.053.  RESPONSE TO CONFIRMATION NOTICE.  
(a)  The voter shall submit to the registrar a written, signed response to the notice that confirms the voter's current residence.  The response must contain:
(1)  all of the information that a person must include in an application to register to vote under Section 13.002;
(2)  a sworn affirmation of the voter's current residence as defined by Section 1.015; and
(3)  if the voter's residence address is a commercial post office box or similar location that does not correspond to a residence, evidence of the voter's residence address as required by Section 15.054 or an indication that the voter is exempt from those requirements.
(b)  The voter shall use an official confirmation notice response form for the response unless the voter does not have possession of the official form at the time of making the response.
(c)  The registrar shall act on the response in accordance with Section 13.072 and retain the response on file with the voter's registration application.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.05, eff. Sept. 1, 1999.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 927 (H.B. 3069), Sec. 2, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 19, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 869 (S.B. 1111), Sec. 4, eff. September 1, 2021.
                
Sec. 15.054.  DOCUMENTATION OF RESIDENCE FOR PURPOSES OF CONFIRMATION NOTICE RESPONSE.  (a)  For purposes of Section 15.053, a voter's residence may be documented by providing a photocopy of the first document, beginning with Subdivision (1) and continuing through Subdivision (6), in the following list that corresponds to the voter's residence under Section 1.015:
(1)  a driver's license issued to the voter by the Department of Public Safety that has not expired or, if the voter has notified the department of a change of address under Section 521.054, Transportation Code, an affidavit from the voter stating the new address contained in the notification;
(2)  a personal identification card issued to the voter by the Department of Public Safety that has not expired or, if the voter has notified the department of a change of address under Section 521.054, Transportation Code, an affidavit from the voter stating the new address contained in the notification;
(3)  a license to carry a concealed handgun issued to the voter by the Department of Public Safety that has not expired or, if the voter has notified the department of a change of address under Section 411.181, Government Code, an affidavit from the voter stating the new address contained in the notification;
(4)  an appraisal district document showing the address the voter claims as a homestead in this state; 
(5)  a utility bill addressed to the voter's residence address; or
(6)  an official tax document or Texas Department of Motor Vehicles document showing the registration address of a vehicle the voter owns.
(b)  A voter whose residence in this state has no address may document residence under this section by executing an affidavit stating that the voter's residence in this state has no address, providing a concise description of the location of the voter's residence, and delivering the affidavit to the registrar with the voter's response to the confirmation notice.
(c)  The address described by Subsection (a)(4) may not be a commercial post office box or similar location that does not correspond to a residence.
(d)  This section does not apply to:
(1)  a voter who is a member of the armed forces of the United States or the spouse or a dependent of a member;
(2)  a voter enrolled as a full-time student who lives on campus at an institution of higher education;
(3)  a voter whose address is confidential under Subchapter C, Chapter 56, Code of Criminal Procedure;
(4)  a federal judge, state judge, or spouse of a federal or state judge whose driver's license includes the street address of a courthouse under Section 521.121, Transportation Code; or
(5)  a peace officer whose driver's license omits the officer's actual residence address under Section 521.1211, Transportation Code.
(e)  Subsection (a)(1) does not apply to a voter who holds a commercial driver's license under Subchapter C, Chapter 522, Transportation Code.
(f)  Notwithstanding the other provisions of this section, a voter enrolled as a full-time student who lives on campus at an institution of higher education may use the address of a post office box located on the campus of the institution or in a dormitory owned or operated by the institution to confirm the voter's residence.
(g)  The secretary of state shall adopt rules as necessary to implement this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 869 (S.B. 1111), Sec. 5, eff. September 1, 2021.
                
SUBCHAPTER D. SUSPENSE LIST
                
Sec. 15.081.  SUSPENSE LIST.  
(a)  The registrar shall maintain a suspense list containing the name of each voter:
(1)  who fails to submit a response to the registrar in accordance with Section 15.053;
(2)  whose renewal certificate is returned to the registrar in accordance with Subchapter B, Chapter 14; or
(3)  who appears on the list of nonresidents of the county provided to the registrar under Section 62.114, Government Code.
(b)  The list shall be arranged alphabetically by voter name and for each voter must contain the voter's name, residence address, date of birth, registration number, and date the name is entered on the list.  The names shall be grouped according to county election precincts.
(c)  The secretary of state may prescribe an alternative form or procedure for maintaining the list.
(d)  Notwithstanding Subsection (b), the suspense list may not contain the residence address of a voter whose residence address is confidential under Section 13.004.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.06, eff. Sept. 1, 1999.
Amended by: 
Acts 2005, 79th Leg., Ch. 559 (H.B. 1271), Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 594 (H.B. 41), Sec. 4, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 465 (S.B. 281), Sec. 4, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1146 (H.B. 2910), Sec. 4, eff. September 1, 2019.
                
Sec. 15.082.  AVAILABILITY OF REGISTRAR'S LIST.  
(a)  The registrar shall furnish a copy of the suspense list to any person requesting it or shall furnish that portion of the list requested.
(b)  The list shall be provided in accordance with Chapter 552, Government Code.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 99(1), eff. September 1, 2021.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 99(1), eff. September 1, 2021.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 20, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 99(1), eff. September 1, 2021.
                
Sec. 15.083.  DELIVERY OF LIST TO SECRETARY OF STATE.  
(a)  The secretary of state may require the registrar to deliver a copy of the suspense list to the secretary in the form prescribed by the secretary.
(b)  The registrar shall deliver the list within the period prescribed by the secretary of state.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.
                
Sec. 15.084.  AVAILABILITY OF SECRETARY OF STATE'S LIST.  
(a)  The secretary of state shall furnish a copy of a suspense list delivered under Section 15.083 to any person requesting it or shall furnish that portion of the list requested.
(b)  The fee for each list or portion of a list furnished under this section may not exceed the actual expense incurred in reproducing the list or portion for the person requesting it and shall be uniform for each type of copy furnished.
(c)  The copy shall be furnished in the form in which the list is stored or, if practicable, in any other form requested.
(d)  The secretary of state shall use fees collected under this section to defray expenses incurred in the preparation of the copy.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.
                
Sec. 15.085.  UNLAWFUL USE OF INFORMATION ON SUSPENSE LISTS.  
(a)  A person commits an offense if the person uses information in connection with advertising or promoting commercial products or services that the person knows was obtained under Section 15.082 or 15.084.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.
                
Sec. 15.086.  INTERNET ACCESS TO SUSPENSE INFORMATION.  
Any Internet website maintained by the secretary of state that permits a person to determine the person's voter registration status shall, to the extent practicable, indicate if the person is or may be on the suspense list.
Added by Acts 2013, 83rd Leg., R.S., Ch. 356 (H.B. 2465), Sec. 1, eff. September 1, 2013.
                
SUBCHAPTER E. VOTING ON STATEMENT OF RESIDENCE
                
Sec. 15.111.  NOTATION ON LIST OF REGISTERED VOTERS.  
(a)  The registrar shall enter the notation "S", or a similar notation approved by the secretary of state, on the list of registered voters beside each voter's name that also appears on the suspense list.
(b)  The registrar shall delete the notation from the list if the voter's name is deleted from the suspense list.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.
 
Sec. 15.112.  AUTHORIZATION TO VOTE ON STATEMENT.  
In an election held on or after the date the voter's name is entered on the suspense list and before November 30 following the second general election for state and county officers that occurs after the beginning of the period, a voter whose name appears on a precinct list of registered voters with the notation "S", or a similar notation, may vote in the election precinct in which the list is used if the voter satisfies the residence requirements prescribed by Section 63.0011 and submits a statement of residence in accordance with that section.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.

Sec. 105.001.  ELECTRONIC TRANSMISSION OF COMPLETED BALLOT.  
(a)  The secretary of state shall prescribe procedures to allow a person who is casting an early voting ballot by mail to return the ballot by telephonic facsimile machine or similar electronic means if the person:
(1)  is a member of the armed forces of the United States who is on active duty overseas, or the spouse or a dependent of the member;  and
(2)  is casting the ballot from an area:
(A)  in which members of the armed forces are eligible to receive hostile fire pay or imminent danger pay;  or
(B)  that has been designated by the president of the United States as a combat zone.
(b)  The procedures must:
(1)  provide for verification of the voter;
(2)  provide for the security of the transmission;  and
(3)  require the early voting clerk to maintain a record of each ballot received under this section.
(c)  A ballot transmitted under this section or by mail may not be counted if the ballot has previously been transmitted to the early voting clerk by electronic means under this section.
Added by Acts 1997, 75th Leg., ch. 1349, Sec. 45, eff. Sept. 1, 1997.
                
Sec. 105.003.  USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR ELECTIONS FOR FEDERAL OFFICE.  
The secretary of state shall prescribe procedures to allow a voter who qualifies to vote by a federal write-in absentee ballot to vote through use of a federal write-in absentee ballot in:
(1)  any general, special, primary, or runoff election for federal office; or
(2)  an election for any office for which balloting materials may be sent under Section 101.104.
Added by Acts 2003, 78th Leg., ch. 566, Sec. 1, eff. Sept. 1, 2003.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 15, eff. September 1, 2011.
                
Sec. 105.004.  E-MAIL BALLOT PROGRAM.  
(a)  The secretary of state shall implement a program to allow a person who is casting an early voting ballot by mail to return the ballot by e-mail if the person is a member of the armed forces of the United States who is on active duty overseas and eligible for hostile fire pay. The secretary of state shall prescribe procedures to provide for a process implemented under this section to require:
(1)  the voter to print the ballot, print and sign a voter signature form, and then scan the documents before submitting them by e-mail; and
(2)  secure processing of ballots, including requiring the use of a voter's military e-mail address and common access card, or other measures the secretary of state considers appropriate.
(b)  The secretary of state shall select to participate in the program any county that:
(1)  desires to participate in the program; and
(2)  is determined by the secretary of state to have the appropriate technological capabilities.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 201 (S.B. 752), Sec. 2, eff. May 27, 2017.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 201 (S.B. 752), Sec. 2, eff. May 27, 2017.
(e)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 201 (S.B. 752), Sec. 2, eff. May 27, 2017.
Added by Acts 2013, 83rd Leg., R.S., Ch. 902 (H.B. 1129), Sec. 1, eff. June 14, 2013.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 477 (S.B. 1115), Sec. 1, eff. June 15, 2015.
Acts 2017, 85th Leg., R.S., Ch. 201 (S.B. 752), Sec. 1, eff. May 27, 2017.
Acts 2017, 85th Leg., R.S., Ch. 201 (S.B. 752), Sec. 2, eff. May 27, 2017.

Sec. 114.001.  DEFINITIONS.  
In this chapter:
(1)  "Federal ballot" means a ballot voted under this chapter that is restricted to federal offices only.
(2)  "Federal office" means the offices of president and vice-president of the United States, United States senator, or United States representative.
(3)  "United States" includes the several states and the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, but does not include any other territory or possession of the United States.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 114.002.  ELIGIBILITY.  
A United States citizen dwelling outside the United States is eligible to vote a federal ballot by mail if:
(1)  the citizen's most recent domicile in the United States was in this state and the citizen's intent to return to this state is uncertain;
(2)  the citizen would be eligible for registration as a voter in this state if a resident;  and
(3)  the citizen is not eligible to vote on federal offices in any other state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 114.003.  OFFICES ON WHICH VOTER ENTITLED TO VOTE.  
A person voting a federal ballot is entitled to vote only on each federal office to be voted on in the election precinct of the person's most recent domicile in this state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 114.004.  APPLICATION.  
(a)  An application for a federal ballot must be submitted on an official federal postcard application form.
(b)  The application must be submitted to the early voting clerk serving the election precinct of the applicant's most recent domicile in this state.
(c)  The period during which a federal ballot application may be submitted is the same as that for submitting a federal postcard application under Chapter 101.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 114.005.  APPLYING FOR MORE THAN ONE ELECTION IN SAME APPLICATION.  
The provisions governing the application for ballots for more than one election by a single federal postcard application under Chapter 101 apply to a federal ballot application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 114.006.  DETERMINING OFFICES TO BE VOTED ON.  
For each voter who is to vote a federal ballot, the early voting clerk shall determine the federal offices on which the voter is entitled to vote and indicate them on the application or the jacket envelope.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 114.007.  METHOD OF PROVIDING BALLOT;  REQUIRED ADDRESS;  RETURN OF BALLOT.  
(a)  The balloting materials provided under this chapter shall be airmailed to the voter free of United States postage, as provided by the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), in an envelope labeled "Official Election Balloting Material--via Airmail."  The secretary of state shall provide early voting clerks with instructions on compliance with this subsection.
(b)  The address to which the balloting materials are sent to a voter must be an address outside the United States or an address in the United States for forwarding or delivery to the voter at a location outside the United States. If the address to which the balloting materials are to be sent is within the county served by the early voting clerk, the federal ballot application must indicate that the balloting materials will be forwarded or delivered to the voter at a location outside the United States.
(c)  A ballot voted under this chapter may be returned to the early voting clerk by mail, common or contract carrier, or courier.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 1.36;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, Sec. 46, eff. Sept. 1, 1997.
                            
Sec. 114.008.  OFFICIAL CARRIER ENVELOPE. 
 The officially prescribed carrier envelope for voting under this chapter shall be labeled "Official Election Balloting Material--via Airmail."
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

SUBCHAPTER A. COUNTY ELECTION PRECINCTS
                
Sec. 42.001.  PRECINCTS ESTABLISHED BY COMMISSIONERS COURT.  
(a)  Each commissioners court by order shall divide all the territory of the county into county election precincts in accordance with this subchapter.  The precincts must be compact and contiguous.
(b)  In a county with a population of more than 175,000, in establishing a county election precinct, the commissioners court shall consider  the availability of buildings to use as polling places so that a voter of the precinct will not have to travel more than 25 miles from the voter's residence to reach the polling place for the precinct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 114, Sec. 6, eff. Sept. 1, 1989.
Amended by: 
Acts 2005, 79th Leg., Ch. 742 (H.B. 2759), Sec. 1, eff. September 1, 2005.
                
Sec. 42.002.  REQUIRED USE OF COUNTY PRECINCTS.  
(a)  The county election precincts are the election precincts for the following elections:
(1)  the general election for state and county officers;
(2)  a special election ordered by the governor;
(3)  a primary election;
(4)  a countywide election ordered by the commissioners court, county judge, or other county authority, except an election subject to Section 42.062(2); and
(5)  as provided by Section 42.0621, any other election held by a political subdivision on a uniform election date.
(b)  Except as provided by Sections 42.008 and 42.009, county election precincts may not be consolidated for an election.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1085 (H.B. 1888), Sec. 7(1), eff. September 1, 2019.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 114, Sec. 6, eff. Sept. 1, 1989.
Amended by: 
Acts 2005, 79th Leg., Ch. 1042 (H.B. 1209), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1261 (H.B. 2926), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 711 (H.B. 2847), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 549 (H.B. 2027), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1085 (H.B. 1888), Sec. 7(1), eff. September 1, 2019.
                
Sec. 42.003.  BOUNDARY DESCRIPTION.  
Each county election precinct must be described by natural or artificial boundaries or by survey lines.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 42.004.  PRECINCT IDENTIFICATION.  
The commissioners court shall identify each county election precinct by a number.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 42.005.  RELATIONSHIP TO DISTRICTS AND JUSTICE AND COMMISSIONERS PRECINCTS.
(a)  A county election precinct, including a consolidated precinct, may not contain territory from more than one of each of the following types of territorial units:
(1)  a commissioners precinct;
(2)  a justice precinct;
(3)  a congressional district;
(4)  a state representative district;
(5)  a state senatorial district; or
(6)   a State Board of Education district.
(b)  If application of this section conflicts with application of Section 42.006, this section prevails.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 143, Sec. 4, eff. May 24, 2013.
(d)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 143, Sec. 4, eff. May 24, 2013.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 4(a), eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 114, Sec. 7, eff. Sept. 1, 1989.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 143 (H.B. 1164), Sec. 1, eff. May 24, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 143 (H.B. 1164), Sec. 2, eff. May 24, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 143 (H.B. 1164), Sec. 4, eff. May 24, 2013.
                
Sec. 42.0051.  COMBINING CERTAIN PRECINCTS.  
(a)  If changes in county election precinct boundaries to give effect to a redistricting plan result in county election precincts with a number of registered voters less than 500, a commissioners court for a general or special election, or for a primary election the county executive committee of a political party conducting a primary election, may combine county election precincts notwithstanding Section 42.005 to avoid unreasonable expenditures for election equipment, supplies, and personnel.
(b)  County election precincts in a county with a population of 250,000 or more may also be combined under Subsection (a) if the changes result in county election precincts with 500 or more but fewer than 750 registered voters.
(c)  A combined precinct under this section is subject to the maximum population prescribed for a precinct under Section 42.006.
(d)  A combined precinct may not be established if it:
(1)  results in a dilution of voting strength of a group covered by the federal Voting Rights Act (42 U.S.C. Section 1973c et seq.);
(2)  results in a dilution of representation of a group covered by the Voting Rights Act in any political or electoral process or procedure;  or
(3)  results in discouraging participation by a group covered by the Voting Rights Act in any political or electoral process or procedure because of the location of a polling place or other factors.
Added by Acts 1993, 73rd Leg., ch. 205, Sec. 1, eff. May 19, 1993.  Amended by Acts 1997, 75th Leg., ch. 1350, Sec. 1, eff. Sept. 1, 1997.
                
Sec. 42.006.  POPULATION REQUIREMENTS.  
(a)  Except as otherwise provided by this section, a county election precinct must contain at least 100 but not more than 5,000 registered voters.
(b)  For an election precinct in a county with a population under 100,000, the minimum number of registered voters the precinct may contain is 50, except as provided by Subsection (c).
(c)  In a county with a population under 50,000, a county election precinct may contain fewer than 50 registered voters if the commissioners court receives a written petition, signed by at least 25 registered voters of the county, requesting establishment or continuation of the precinct.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 5.001, eff. September 1, 2007.
(e)  In computing a number of registered voters under this section, voters whose names appear on the list of registered voters with the notation "S", or a similar notation, shall be excluded.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 8, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 797, Sec. 36, eff. Sept. 1, 1995.
Amended by: 
Acts 2005, 79th Leg., Ch. 742 (H.B. 2759), Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.11(a), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.11(b), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 5.001, eff. September 1, 2007.
                
Sec. 42.007.  COMBINING INCORPORATED AND UNINCORPORATED TERRITORY.  
A commissioners court may not establish a county election precinct containing territory inside a city with a population of 10,000 or more and unincorporated territory outside that city unless the commissioners court determines that either of the two areas:
(1)  cannot constitute a separate election precinct of suitable size or shape that contains the permissible number of voters;  or
(2)  cannot be combined with other territory on the same side of the city boundary to form an election precinct of a suitable size or shape that contains the permissible number of voters without causing another election precinct to fail to meet those requirements.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 42.008.  CONSOLIDATING PRECINCTS IN SPECIAL ELECTION.  
(a)  In a special election for which use of county election precincts is required, the commissioners court may consolidate, on the recommendation of the county election board, two or more county election precincts into a single precinct if the polling place is located so it will adequately serve the voters of the consolidated precinct.
(b)  If county election precincts are consolidated for a countywide election, at least one consolidated precinct must be situated wholly within each commissioners precinct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 277, Sec. 1, eff. Sept. 1, 1993.
                
Sec. 42.009.  CONSOLIDATING PRECINCTS IN PRIMARY ELECTION.  
The county executive committee of a political party holding a primary election may order two or more county election precincts consolidated into a single precinct if the polling place is located so it will adequately serve the voters of the consolidated precinct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 479, Sec. 3, eff. Sept. 1, 1987.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 974 (H.B. 1528), Sec. 1, eff. September 1, 2011.
                
Sec. 42.010.  RECOMMENDATION ON ELIMINATION OF LESS POPULOUS PRECINCTS.  
(a)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 143, Sec. 4, eff. May 24, 2013.
(b)  After each redistricting of a territorial unit described by Section 42.005(a)(1) or (2), the commissioners court shall consider changes to the territorial units to allow the county to eliminate county election precincts with no population or a substantially small population.
(c)  After each redistricting of a territorial unit described by Section 42.005(a)(3), (4), (5), or (6), the commissioners court may submit recommendations to the secretary of state on changes to the territorial units to allow the county to eliminate county election precincts with no population or a substantially small population.
(d)  For purposes of this section, a "substantially small population" describes a precinct with a population of not more than 10 persons or not more than 6 registered voters, according to the most recent federal census or list of registered voters, as applicable, as of the date of the redistricting.
(e)  To be considered by the secretary of state, the recommendations must be submitted in the manner prescribed by the secretary.
(f)  The secretary of state shall evaluate all timely recommendations submitted in accordance with Subsection (e).  The secretary shall compile all recommendations for the elimination of the county election precincts in a manner consistent with state and federal law.
(g)  The secretary of state shall file a report containing the information described by Subsection (f) with the governor, the lieutenant governor, and the speaker of the house of representatives not later than the date of convening the first regular legislative session that occurs after a redistricting of a territorial unit described by Subsection (c).  If the information submitted is insufficient for the compilation required by Subsection (f), the secretary shall include a statement to that effect in the report.
Added by Acts 2001, 77th Leg., ch. 1048, Sec. 1, eff. Sept. 1, 2001.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 143 (H.B. 1164), Sec. 3, eff. May 24, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 143 (H.B. 1164), Sec. 4, eff. May 24, 2013.
                
SUBCHAPTER B. CHANGING COUNTY PRECINCT BOUNDARIES
                
Sec. 42.031.  REVIEWING PRECINCTS FOR COMPLIANCE:  BOUNDARY CHANGES.  
(a)  During March or April of each odd-numbered year, each commissioners court shall determine whether the county election precincts comply with Sections 42.005, 42.006, and 42.007.  The commissioners court may make that determination during March or April of an even-numbered year.  Before May 1 of the year in which the determination is made, the commissioners court shall order the boundary changes necessary for compliance.
(b)  The commissioners court may order a boundary change only during March or April unless the change is necessary to:
(1)  comply with Section 42.005 or 42.032;
(2)  reduce the number of registered voters in a precinct so it does not exceed the maximum number permitted by Section 42.006;  or
(3)  include within a precinct a suitable building available for use as a polling place if no suitable building is available for that purpose within the existing precinct boundary.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 436, Sec. 16, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 472, Sec. 9, eff. Sept. 1, 1987.
                
Sec. 42.032.  REDISTRICTING:  BOUNDARY CHANGES.  
If changes in county election precinct boundaries are necessary to give effect to a redistricting plan under Article III, Section 28, of the Texas Constitution, each commissioners court shall order the changes before October 1 of the year in which the redistricting is done.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 436, Sec. 16, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 472, Sec. 9, eff. Sept. 1, 1987.
                
Sec. 42.033.  EFFECTIVE DATE OF BOUNDARY CHANGE. 
 (a)  A change in a county election precinct boundary takes effect on the first day of the first even-numbered voting year following the voting year in which the change is ordered.
(b)  Except as provided by Subsection (c), for a boundary change under Section 42.031(b), the commissioners court may order an earlier effective date than that prescribed by Subsection (a) if:
(1)  an election for an officer of a territorial unit under Section 42.005(a) is scheduled or may be scheduled to be held before the effective date of the change under Subsection (a) and the territorial unit contains the election precinct as changed;  and
(2)  the voter registrar has sufficient time to correct the registration records before the effective date of the change.
(c)  A change in a county election precinct boundary may not take effect on a date occurring between the date of the general primary election and the date of the general election for state and county officers unless the change is necessary to:
(1)  comply with Section 42.005 after a boundary change made under Article V, Section 18, of the Texas Constitution;
(2)  include within a precinct a suitable building available for use as a polling place if no suitable building is available for that purpose within the existing precinct boundary;  or
(3)  comply with a court order.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 114, Sec. 8, eff. Sept. 1, 1989.
                
Sec. 42.034.  NOTICE TO REGISTRAR.  
The commissioners court shall deliver a certified copy of an order changing a county election precinct boundary to the voter registrar not later than the seventh day after the date the order is adopted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 42.035.  PUBLIC NOTICE.  
(a)  Beginning with the first week following the week in which an order changing a county election precinct boundary is adopted, the commissioners court shall publish notice of the change:
(1)  in a newspaper in the county once a week for three consecutive weeks; and 
(2)  on the county's Internet website, if the county maintains an Internet website, for three consecutive weeks.
(b)  The notice must include a brief, general description of the boundary change.
(c)  If no newspaper is published in the county, the commissioners court shall post the notice at the county courthouse on the bulletin board used for posting notice of meetings of the commissioners court.  The notice must remain posted continuously for three consecutive weeks.
(d)  The county clerk shall deliver a copy of the notice to the secretary of state not later than the 20th day after the date the order changing the boundary is adopted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 114, Sec. 9, eff. Sept. 1, 1989.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1052 (H.B. 933), Sec. 6, eff. September 1, 2019.
                
Sec. 42.036.  ADDITIONAL NOTICE IN POPULOUS COUNTIES.  
(a)  This section applies only to a county with a population of one million or more.
(b)  The commissioners court shall deliver written notice of each proposed change and of each order making a change in a county election precinct boundary to:
(1)  the county chair of each political party that held a primary election in the county on the most recent general primary day;
(2)  the political party's precinct chair of each affected election precinct;  and
(3)  the presiding judge appointed by the commissioners court for each affected election precinct.
(c)  The notice of a proposed boundary change must be delivered not later than the seventh day before the date of the commissioners court meeting at which the proposed change will be considered.  The notice of an order making a boundary change must be delivered not later than the seventh day after the date the order is adopted.
(d)  The notice of a proposed change must describe the proposed change in brief, general terms, identify the precincts to be affected by the proposed change, and state the date, hour, and place of the meeting.
(e)  The notice of an order making a boundary change must describe the change in brief, general terms and identify the changed precincts.  As an alternative, the notice to the county chair may be a copy of the order, and the notice to a precinct chair or presiding judge may be a copy of the portion of the order affecting the precinct served by that person.
(f)  A person entitled to notice under this section may challenge a boundary change made in violation of this section by petition to the district court.  The petition must be filed not later than one year after the date the change is scheduled to take effect.  If the court determines that the commissioners court failed to comply with this section, the court shall declare the boundary change void.  The validity of an election held before the date of a final judgment declaring a change void is not affected by the judgment.  Noncompliance with this section may not be challenged in any other manner.
(g)  For one year following the effective date of a change in a county election precinct boundary, the commissioners court shall maintain a record containing a copy of each notice required by this section in connection with the boundary change and showing the date the notice was delivered.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 65, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, Sec. 42, eff. Sept. 1, 1997.
                
Sec. 42.037.  FILING MAP OF PRECINCT BOUNDARY CHANGES WITH SECRETARY OF STATE.  
(a)  Not later than the 120th day after the date an order changing a county election precinct boundary is adopted, the county clerk shall deliver to the secretary of state a map depicting the affected precinct's boundary as changed and showing the number of the precinct.
(b)  The secretary of state shall retain each map for 10 years after receipt.  After that period, the secretary shall transfer the map to the state library.
(c)  The state librarian shall retain the map for 20 years after receipt.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
SUBCHAPTER C. OTHER ELECTION PRECINCTS
                
Sec. 42.061.  PRECINCTS OF POLITICAL SUBDIVISION OTHER THAN COUNTY.  
(a)  The governing body of a political subdivision other than a county shall establish the election precincts for elections ordered by an authority of the political subdivision.
(b)  The precincts may be established before each election or, once established, remain established until changed, at the governing body's discretion.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 99(6), eff. September 1, 2021.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 99(6), eff. September 1, 2021.
                
Sec. 42.0615.  NOTICE TO REGISTRAR OF BOUNDARY CHANGE OF POLITICAL SUBDIVISION.  
A political subdivision that changes its boundaries or the boundaries of districts used to elect members to the governing body of the political subdivision shall not later than the 30th day after the date the change is adopted:
(1)  notify the voter registrar of the county in which the area subject to the boundary change is located of the adopted boundary change; and
(2)  provide the voter registrar with a map of an adopted boundary change in a format that is compatible with the mapping format used by the registrar's office.
Added by Acts 2005, 79th Leg., Ch. 709 (S.B. 427), Sec. 1, eff. September 1, 2005.
                
Sec. 42.062.  PRECINCTS FOR CERTAIN SPECIAL ELECTIONS.  
A county authority ordering an election shall establish the election precincts for the election if:
(1)  the election is a special election affecting only part of the county;  or
(2)  the election relates to the creation, organization, functioning, or existence of one or more political subdivisions other than the county.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 42.0621.  PRECINCTS FOR ELECTIONS HELD ON NOVEMBER UNIFORM ELECTION DATE.  
(a)  In an election held on the November uniform election date, the political subdivisions to which Section 42.002(a)(5) applies shall use the regular county election precincts.
(b)  If an election precinct is not located wholly within the territory of a political subdivision holding an election in the precinct or a district used to elect an office at the election, election officials shall take reasonable measures to ensure that a voter voting at that precinct may not vote in an election in which the voter is not entitled to vote.
(c)  This section does not require a political subdivision to contract with a county under Section 31.092 or hold a joint election with a county under Chapter 271.
(d)  The secretary of state shall prescribe procedures to implement this section.
Added by Acts 2005, 79th Leg., Ch. 1042 (H.B. 1209), Sec. 2, eff. September 1, 2005.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 711 (H.B. 2847), Sec. 2, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1085 (H.B. 1888), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1085 (H.B. 1888), Sec. 2, eff. September 1, 2019.
                
Sec. 42.063.  BOUNDARY DESCRIPTION.  
Each election precinct established under this subchapter must be described by natural or artificial boundaries, by survey lines, or if the precinct is coterminous with one or more county election precincts, by use of the county election precinct number or numbers.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 42.064.  PRECINCT IDENTIFICATION.  
If more than one election precinct is established under this subchapter, the authority establishing the precincts shall identify each precinct by a name or number.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 42.065.  CONFLICTS WITH OTHER LAW. 
 A law outside this subchapter supersedes this subchapter to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

SUBCHAPTER A.  GENERAL PROVISIONS
                
Sec. 101.001.  ELIGIBILITY.  
A person is eligible for early voting by mail as provided by this chapter if:
(1)  the person is qualified to vote in this state or, if not registered to vote in this state, would be qualified if registered; and
(2)  the person is:
(A)  a member of the armed forces of the United States, or the spouse or a dependent of a member;
(B)  a member of the merchant marine of the United States, or the spouse or a dependent of a member;
(B-1)  a member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the president of the United States or activated on state orders, or the spouse or dependent of a member; or
(C)  domiciled in this state but temporarily living outside the territorial limits of the United States and the District of Columbia.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.24;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 64, eff. September 1, 2021.
                
Sec. 101.002.  GENERAL CONDUCT OF VOTING.  
Voting under this chapter shall be conducted and the results shall be processed as provided by Subtitle A for early voting by mail, except as otherwise provided by this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.24;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
                
Sec. 101.003.  DEFINITIONS.  
In this chapter:
(1)  "Federal postcard application" means an application for a ballot to be voted under this chapter submitted on the official federal form prescribed under the federal Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301 through 20311).
(2)  "FPCA registrant" means a person registered to vote under Section 101.055.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.24;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, Sec. 42, eff. Sept. 1, 1997.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 65, eff. September 1, 2021.
                
Sec. 101.004.  NOTING FPCA REGISTRATION ON POLL LIST.  
For each FPCA registrant accepted to vote, a notation shall be made beside the voter's name on the early voting poll list indicating that the voter is an FPCA registrant.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 1.32;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, Sec. 43, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 5.10, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 687, Sec. 1, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.21, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 501 (S.B. 361), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 310 (H.B. 551), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
                
Sec. 101.005.  NOTING FPCA REGISTRATION AND E-MAIL ON EARLY VOTING ROSTER. 
 The entry on the early voting roster pertaining to a voter under this chapter who is an FPCA registrant must include a notation indicating that the voter is an FPCA registrant.  The early voting clerk shall note on the early voting by mail roster each e-mail of a ballot under Subchapter C.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 7.06, eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.24;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 1315, Sec. 46, eff. Jan. 1, 2004.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
                
Sec. 101.006.  EXCLUDING FPCA REGISTRANT FROM PRECINCT EARLY VOTING LIST.
  A person to whom a ballot is provided under this chapter is not required to be included on the precinct early voting list if the person is an FPCA registrant.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.24;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 1315, Sec. 47, eff. Jan. 1, 2004.
Amended by: 
Acts 2005, 79th Leg., Ch. 993 (H.B. 2059), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 91 (H.B. 536), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
                
Sec. 101.007.  DESIGNATION OF SECRETARY OF STATE.
  (a)  The secretary of state is designated as the state office to provide information regarding voter registration procedures and absentee ballot procedures, including procedures related to the federal write-in absentee ballot, to be used by persons eligible to vote under the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.).
(b)  The secretary of state is designated as the state coordinator between military and overseas voters and county election officials.  A county election official shall:
(1)  cooperate with the secretary of state to ensure that military and overseas voters timely receive accurate balloting materials that a voter is able to cast in time for the election; and
(2)  otherwise comply with the federal Military and Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V, Subt. H).
(c)  The secretary of state may adopt rules as necessary to implement this section.
(d)  The secretary of state shall make a checklist or similar guidelines available for optional use by early voting clerks in processing an application and providing balloting materials under this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 1.33;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, Sec. 44, eff. Sept. 1, 1997.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 589 (S.B. 904), Sec. 1, eff. September 1, 2013.
                
Sec. 101.008.  STATUS OF APPLICATION OR BALLOT VOTED. 
 The secretary of state, in coordination with county election officials, shall implement an electronic free-access system by which a person eligible for early voting by mail under this chapter or Chapter 114 may determine by telephone, by e-mail, or over the Internet whether:
(1)  the person's federal postcard application or other registration or ballot application has been received and accepted; and
(2)  the person's ballot has been received and the current status of the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.24;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 66, eff. September 1, 2021.
                
SUBCHAPTER B.  SUBMISSION OF FEDERAL POSTCARD APPLICATION
                
Sec. 101.051.  FORM AND CONTENTS OF APPLICATION.  
An application for a ballot to be voted under this subchapter must:
(1)  be submitted on an official federal postcard application form; and
(2)  include the information necessary to indicate that the applicant is eligible to vote in the election for which the ballot is requested.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
                
Sec. 101.052.  SUBMITTING APPLICATION.  
(a)  A federal postcard application must be submitted to the early voting clerk for the election who serves the election precinct of the applicant's residence.
(a-1)  A federal postcard application must be submitted by:
(1)  mail;
(2)  electronic transmission of an image of the application under procedures prescribed by the secretary of state;
(3)  in-person delivery in accordance with Section 84.008; or
(4)  common or contract carrier.
(b)  A federal postcard application may be submitted at any time during the calendar year in which the election for which a ballot is requested occurs, but not later than the deadline for submitting a regular application for a ballot to be voted by mail for a voter to be entitled to receive a ballot by mail for that election.
(c)  An application is considered submitted in the following calendar year for purposes of this section if:
(1)  the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and
(2)  the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election.
(d)  A timely application that is addressed to the wrong early voting clerk shall be forwarded to the proper early voting clerk not later than the day after the date it is received by the wrong clerk.
(e)  An applicant who otherwise complies with applicable requirements is entitled to receive a full ballot to be voted by mail under this chapter if:
(1)  the applicant submits a federal postcard application to the early voting clerk on or before the 20th day before election day; and
(2)  the application contains the information that is required for registration under Title 2.
(f)  The applicant is entitled to receive only a federal ballot to be voted by mail under Chapter 114 if:
(1)  the applicant submits the federal postcard application to the early voting clerk after the date provided by Subsection (e)(1) and before the deadline for submitting a regular application for a ballot to be voted by mail; and
(2)  the application contains the information that is required for registration under Title 2.
(g)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 84 , Sec. 31, eff. September 1, 2015.
(h)  If the applicant submits the federal postcard application within the time prescribed by Subsection (f)(1) and is a registered voter at the address contained on the application, the applicant is entitled to receive a full ballot to be voted by mail under this chapter.
(i)  Except as provided by Subsections (l) and (m), for purposes of determining the date a federal postcard application is submitted to the early voting clerk, an application is considered to be submitted on the date it is placed and properly addressed in the United States mail.  An application mailed from an Army/Air Force Post Office (APO) or Fleet Post Office (FPO) is considered placed in the United States mail.  The date indicated by the post office cancellation mark, including a United States military post office cancellation mark, is considered to be the date the application was placed in the mail unless proven otherwise.  For purposes of an application made under Subsection (e):
(1)  an application that does not contain a cancellation mark is considered to be timely if it is received by the early voting clerk on or before the 15th day before election day; and
(2)  if the 20th day before the date of an election is a Saturday, Sunday, or legal state or national holiday, an application is considered to be timely if it is submitted to the early voting clerk on or before the next regular business day.
(j)  If the early voting clerk determines that an application that is submitted before the time prescribed by Subsection (e)(1) does not contain the information that is required for registration under Title 2, the clerk shall notify the applicant of that fact.  If the applicant has provided a telephone number or an address for receiving mail over the Internet, the clerk shall notify the applicant by that medium.
(k)  If the applicant submits the missing information before the time prescribed by Subsection (e)(1), the applicant is entitled to receive a full ballot to be voted by mail under this chapter.  If the applicant submits the missing information after the time prescribed by Subsection (e)(1), the applicant is entitled to receive a full ballot to be voted by mail for the next election that occurs:
(1)  in the same calendar year; and
(2)  after the 30th day after the date the information is submitted.
(l)  For purposes of determining the end of the period that an application may be submitted under Subsection (f)(1), an application is considered to be submitted at the time it is received by the early voting clerk.
(m)  The secretary of state by rule shall establish the date on which a federal postcard application is considered to be electronically submitted to the early voting clerk.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 8, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 31, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 67, eff. September 1, 2021.
                
Sec. 101.053.  ACTION BY EARLY VOTING CLERK ON CERTAIN APPLICATIONS.  
(a)  The early voting clerk shall notify the voter registrar of a federal postcard application submitted by an applicant that states a voting residence address located outside the registrar's county.
(b)  If an applicant provides a date of birth, driver's license number, or social security number on the applicant's federal postcard application that is different from or in addition to the information maintained by the voter registrar in accordance with Title 2, the early voting clerk shall notify the voter registrar.  The voter registrar shall update the voter's record with the information provided by the applicant.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 713 (H.B. 4034), Sec. 7, eff. June 12, 2017.
                
Sec. 101.054.  APPLYING FOR MORE THAN ONE ELECTION IN SAME APPLICATION.
  (a)  A person may apply with a single federal postcard application for a ballot for any one or more elections in which the person is eligible to vote as provided by this section.
(b)  An application that does not identify the election for which a ballot is requested shall be treated as if it requests a ballot for:
(1)  except as provided by Subdivision (3), each general election in which the clerk conducts early voting;
(2)  the general primary election if the application indicates party preference and is submitted to the early voting clerk for the primary; and
(3)  each general or special election held by a county, a municipality, or an independent school district in the calendar year in which the application is received and in which the person is eligible to vote.
(b-1)  If an application under Subsection (b) indicates the person is eligible to vote in an election described by Subsection (b)(3) in which the early voting clerk who received the application does not conduct early voting, the clerk shall forward a copy of the application in a form prescribed by the secretary of state to each early voting clerk who conducts early voting for that election.
(c)  An application shall be treated as if it requests a ballot for a runoff election that results from an election for which a ballot is requested, including a runoff election that occurs in the next calendar year.
(d)  An application requesting a ballot for more than one election shall be preserved for the period for preserving the precinct election records for the last election for which the application is effective.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 856 (H.B. 396), Sec. 1, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 68, eff. September 1, 2021.
                
Sec. 101.055.  FPCA VOTER REGISTRATION. 
 (a)  The submission of a federal postcard application that complies with the applicable requirements by an unregistered applicant constitutes registration by the applicant:
(1)  for the purpose of voting in the election for which a ballot is requested; and
(2)  under Title 2 unless the person indicates on the application that the person is residing outside the United States indefinitely.
(b)  For purposes of registering to vote under this chapter, a person shall provide the address of the last place of residence of the person in this state or the last place of residence in this state of the person's parent or legal guardian.
(c)  The registrar shall register the person at the address provided under Subsection (b) unless that address no longer is recognized as a residential address, in which event the registrar shall assign the person to an address under procedures prescribed by the secretary of state.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
                
Sec. 101.056.  METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS. 
 (a)  The balloting materials provided under this subchapter shall be airmailed to the voter free of United States postage, as provided by the federal Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301 through 20311), in an envelope labeled "Official Election Balloting Material - via Airmail."  The secretary of state shall provide early voting clerks with instructions on compliance with this subsection.
(b)  The address to which the balloting materials are sent to a voter must be:
(1)  an address outside the county of the voter's residence; or
(2)  an address in the United States for forwarding or delivery to the voter at a location outside the United States.
(c)  If the address to which the balloting materials are to be sent is within the county served by the early voting clerk, the federal postcard application must indicate that the balloting materials will be forwarded or delivered to the voter at a location outside the United States.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 69, eff. September 1, 2021.
                
Sec. 101.057.  RETURN OF VOTED BALLOT.  (a)  A ballot voted under this subchapter may be returned to the early voting clerk by mail, common or contract carrier, or courier.
(b)  A ballot voted by a voter described by Section 101.001(2)(A), (B), or (B-1) shall be counted if the ballot arrives at the address on the carrier envelope not later than the sixth day after the date of the election, except that if that date falls on a Saturday, Sunday, or legal state or national holiday, then the deadline is extended to the next regular business day.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 992 (H.B. 929), Sec. 2, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 70, eff. September 1, 2021.
                
Sec. 101.058.  OFFICIAL CARRIER ENVELOPE.  
The officially prescribed carrier envelope for voting under this subchapter shall be prepared so that it can be mailed free of United States postage, as provided by the federal Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301 through 20311), and must contain the label prescribed by Section 101.056(a) for the envelope in which the balloting materials are sent to a voter.  The secretary of state shall provide early voting clerks with instructions on compliance with this section.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 71, eff. September 1, 2021.
                
SUBCHAPTER C.  E-MAIL TRANSMISSION OF BALLOTING MATERIALS
                
Sec. 101.101.  PURPOSE.
  The purpose of this subchapter is to implement the federal Military and Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V, Subt. H).
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
                
Sec. 101.102.  REQUEST FOR BALLOTING MATERIALS.  
(a)  A person eligible to vote under this chapter may request from the appropriate early voting clerk e-mail transmission of balloting materials under this subchapter.
(b)  The early voting clerk shall grant a request made under this section for the e-mail transmission of balloting materials if:
(1)  the requestor has submitted a valid federal postcard application and:
(A)  if the requestor is a person described by Section 101.001(2)(C), has provided a current mailing address that is located outside the United States; or
(B)  if the requestor is a person described by Section 101.001(2)(A), (B), or (B-1), has provided a current mailing address that is located outside the requestor's county of residence;
(2)  the requestor provides an e-mail address:
(A)  that corresponds to the address on file with the requestor's federal postcard application; or
(B)  stated on a newly submitted federal postcard application;
(3)  the request is submitted on or before the deadline prescribed by Section 84.007; and
(4)  a marked ballot for the election from the requestor has not been received by the early voting clerk.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 72, eff. September 1, 2021.
                
Sec. 101.103.  CONFIDENTIALITY OF E-MAIL ADDRESS.  
An e-mail address used under this subchapter to request balloting materials is confidential and does not constitute public information for purposes of Chapter 552, Government Code.  An early voting clerk shall ensure that a voter's e-mail address provided under this subchapter is excluded from public disclosure.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
                
Sec. 101.104.  ELECTIONS COVERED.  
Balloting  materials may be sent by e-mail under this subchapter for any election in which the voter who registers under this chapter is eligible to vote.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 570 (H.B. 2778), Sec. 1, eff. September 1, 2015.
                
Sec. 101.105.  BALLOTING MATERIALS TO BE SENT BY E-MAIL.
  Balloting materials to be sent by e-mail under this subchapter include:
(1)  the appropriate ballot;
(2)  ballot instructions, including instructions that inform a voter that the ballot must be returned by mail to be counted;
(3)  instructions prescribed by the secretary of state on:
(A)  how to print a return envelope from the federal Voting Assistance Program website; and
(B)  how to create a carrier envelope or signature sheet for the ballot; and
(4)  a list of certified write-in candidates, if applicable.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
                
Sec. 101.106.  METHODS OF TRANSMISSION TO VOTER.  
(a)  The balloting materials may be provided by e-mail to the voter in PDF format, through a scanned format, or by any other method of electronic transmission authorized by the secretary of state in writing.
(b)  The secretary of state shall prescribe procedures for the retransmission of balloting materials following an unsuccessful transmission of the materials to a voter.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
                
Sec. 101.107.  RETURN OF BALLOT.  
(a)  A voter described by Section 101.001(2)(A), (B), or (B-1) must be voting from outside the voter's county of residence.  A voter described by Section 101.001(2)(C) must be voting from outside the United States.
(b)  A voter who receives a ballot under this subchapter must return the ballot in the same manner as required under Section 101.057 except that a voter who completes a signature sheet is not required to complete a carrier envelope.  Except as provided by Chapter 105, the voter may not return the ballot by electronic transmission.
(c)  A ballot that is not returned as required by Subsection (b) is considered a ballot not timely returned and is not sent to the early voting ballot board for processing.
(d)  The deadline for the return of a ballot under this section is the same deadline as provided in Section 86.007.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 589 (S.B. 904), Sec. 2, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 73, eff. September 1, 2021.
                
Sec. 101.108.  TRACKING OF BALLOTING MATERIALS.  
The secretary of state by rule shall create a tracking system under which an FPCA registrant may determine whether a voted ballot has been received by the early voting clerk.  Each county that sends ballots to FPCA registrants shall provide information required by the secretary of state to implement the system.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
                
Sec. 101.109.  RULES.  
(a)  The secretary of state may adopt rules as necessary to implement this subchapter.
(b)  The secretary of state may provide for an alternate secure method of electronic ballot transmission under this subchapter instead of transmission by e-mail.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.

SUBCHAPTER A. VOTING GENERALLY
                
Sec. 64.001.  VOTER TO SELECT AND PREPARE BALLOT.  
(a)  After a voter is accepted for voting, the voter shall select a ballot, go to a voting station, and prepare the ballot.
(b)  A voter who executes an affidavit in accordance with Section 63.011 shall select a provisional ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1078, Sec. 11, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 30, eff. Jan. 1, 2004.
                
Sec. 64.002.  OCCUPANCY OF VOTING STATION. 
 (a)  Except as otherwise provided by this code, only one person at a time may occupy a voting station.
(b)  A child under 18 years of age may accompany the child's parent to a voting station.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 16, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 864, Sec. 61, eff. Sept. 1, 1997.
                
Sec. 64.003.  MARKING THE BALLOT FOR CANDIDATE ON BALLOT.  
A vote for a particular candidate whose name is on the ballot must be indicated by placing an "X" or other mark that clearly shows the voter's intent in the square beside the name of the candidate for whom the voter desires to vote.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 64.005.  MARKING THE BALLOT FOR WRITE-IN CANDIDATE.  
In an election in which write-in voting is permitted, a vote for a candidate who is not on the ballot must be indicated by writing the candidate's name in the appropriate place provided on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 64.006.  MARKING THE BALLOT FOR MEASURE.  
A vote on a particular measure must be indicated by placing an "X" or other mark that clearly shows the voter's intent in the appropriate square that is beside the proposition and that indicates the way the voter desires to vote on the measure.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 64.007.  SPOILED BALLOT.  
(a)  If a voter mismarks, damages, or otherwise spoils the ballot in the process of voting, the voter is entitled to receive a new ballot by returning the spoiled ballot to an election officer.
(b)  A voter is not entitled to receive more than three ballots.
Text of subsection effective until December 02, 2021
(c)  An election officer shall maintain a register of spoiled ballots at the polling place.  An election officer shall enter on the register the name of each voter who returns a spoiled ballot and the spoiled ballot's number.
Text of subsection effective on December 02, 2021
(c)  An election officer shall maintain a register of spoiled ballots at the polling place.  An election officer shall enter on the register the name of each voter who returns a spoiled ballot and the spoiled ballot's number.  The secretary of state shall create and promulgate a form to be used for this purpose.
(d)  After making the appropriate entry on the register, the election officer shall deposit the spoiled ballot in ballot box no. 4.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.07, eff. December 2, 2021.
                
Sec. 64.008.  DEPOSITING BALLOT. 
 (a)  Except as provided by Subsection (b), after a voter has marked the ballot, the voter shall fold the ballot to conceal the way it is marked but to expose the presiding judge's signature, and shall deposit it in the ballot box used for the deposit of marked ballots.
(b)  After a voter has marked a provisional ballot, the voter shall enclose the ballot in the envelope on which the voter's executed affidavit is printed.  The person shall seal the envelope and deposit it in a box available for the deposit of provisional ballots.
(c)  At the time a person casts a provisional ballot under Subsection (b), an election officer shall give the person written information describing how the person may use the free access system established under Section 65.059 to obtain information on the disposition of the person's vote.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 31, eff. Jan. 1, 2004.
                
Sec. 64.009.  VOTER UNABLE TO ENTER POLLING PLACE. 
 (a)  If a voter is physically unable to enter the polling place without personal assistance or likelihood of injuring the voter's health, on the voter's request, an election officer shall deliver a ballot to the voter at the polling place entrance or curb.
Text of subsection effective until December 02, 2021
(b)  The regular voting procedures may be modified by the election officer to the extent necessary to conduct voting under this section.
Text of subsection effective on December 02, 2021
(b)  The regular voting procedures, except those in Subchapter B, may be modified by the election officer to the extent necessary to conduct voting under this section.
(c)  After the voter is accepted for voting, the voter shall mark the ballot and give it to the election officer who shall deposit it in the ballot box.
(d)  On the voter's request, a person accompanying the voter shall be permitted to select the voter's ballot and deposit the ballot in the ballot box.
Text of subsection effective on December 02, 2021
(e)  Except as provided by Section 33.057, a poll watcher is entitled to observe any activity conducted under this section.
Text of subsection effective on December 02, 2021
(f)  A person who simultaneously assists seven or more voters voting under this section by providing the voters with transportation to the polling place must complete and sign a form, provided by an election officer, that contains the person's name and address and whether the person is providing assistance solely under this section or under both this section and Subchapter B.
Text of subsection effective on December 02, 2021
(f-1)  Subsection (f) does not apply if the person is related to each voter within the second degree by affinity or the third degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code.
Text of subsection effective on December 02, 2021
(g)  A form completed under Subsection (f) shall be delivered to the secretary of state as soon as practicable.  The secretary shall retain a form delivered under this section for the period for preserving the precinct election records and shall make the form available to the attorney general for inspection upon request.
Text of subsection effective on December 02, 2021
(h)  The secretary of state shall prescribe the form described by Subsection (f).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 62, eff. Sept. 1, 1997.
Amended by: 
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 6.01, eff. December 2, 2021.
                
Sec. 64.010.  UNLAWFULLY PERMITTING OR PREVENTING DEPOSIT OF BALLOT.  
(a)  An election officer commits an offense if the officer:
(1)  permits a person to deposit in the ballot box a ballot that the officer knows was not provided at the polling place to the voter who is depositing the ballot or for whom the deposit is made;  or
(2)  prevents the deposit in the ballot box of a marked and properly folded ballot that was provided at the polling place to the voter who is depositing it or for whom the deposit is attempted.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 64.011.  UNLAWFULLY DEPOSITING BALLOT. 
 (a)  A person commits an offense if the person deposits or attempts to deposit in a ballot box a ballot that was not provided to the person who is depositing the ballot or for whom the deposit is made or attempted.
(b)  An offense under this section is a Class A misdemeanor unless the person is convicted of an attempt.  In that case, the offense is a Class B misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 64.012.  ILLEGAL VOTING.
Text of subsection effective until December 02, 2021
  (a)  A person commits an offense if the person:
(1)  votes or attempts to vote in an election in which the person knows the person is not eligible to vote;
(2)  knowingly votes or attempts to vote more than once in an election;
(3)  knowingly votes or attempts to vote a ballot belonging to another person, or by impersonating another person; or
(4)  knowingly marks or attempts to mark any portion of another person's ballot without the consent of that person, or without specific direction from that person how to mark the ballot.
Text of subsection effective on December 02, 2021
(a)  A person commits an offense if the person knowingly or intentionally:
(1)  votes or attempts to vote in an election in which the person knows the person is not eligible to vote;
(2)  votes or attempts to vote more than once in an election;
(3)  votes or attempts to vote a ballot belonging to another person, or by impersonating another person;
(4)  marks or attempts to mark any portion of another person's ballot without the consent of that person, or without specific direction from that person how to mark the ballot; or
(5)  votes or attempts to vote in an election in this state after voting in another state in an election in which a federal office appears on the ballot and the election day for both states is the same day.
Text of subsection effective until December 02, 2021
(b)  An offense under this section is a felony of the second degree unless the person is convicted of an attempt.  In that case, the offense is a state jail felony.
Text of subsection effective on December 02, 2021
(b)  An offense under this section is a Class A misdemeanor.
Text of subsection effective on December 02, 2021
(c)  A person may not be convicted solely upon the fact that the person signed a provisional ballot affidavit under Section 63.011 unless corroborated by other evidence that the person knowingly committed the offense.
Text of subsection effective on December 02, 2021
(d)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 63, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 393, Sec. 3, eff. Sept. 1, 2003.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 16, eff. January 1, 2012.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 1, eff. December 1, 2017.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 9.03, eff. December 2, 2021.
                
SUBCHAPTER B. ASSISTING VOTER
                
Text of section effective until December 02, 2021
Sec. 64.031.  ELIGIBILITY FOR ASSISTANCE.  
A voter is eligible to receive assistance in marking the ballot, as provided by this subchapter, if the voter cannot prepare the ballot because of:
(1)  a physical disability that renders the voter unable to write or see;  or
(2)  an inability to read the language in which the ballot is written.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 6.02, eff. December 2, 2021.
                
Text of section effective on December 02, 2021
Sec. 64.031.  ELIGIBILITY FOR ASSISTANCE.  
A voter is eligible to receive assistance in marking or reading the ballot, as provided by this subchapter, if the voter cannot prepare or read the ballot because of:
(1)  a physical disability that renders the voter unable to write or see; or
(2)  an inability to read the language in which the ballot is written.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 6.02, eff. December 2, 2021.
                
Sec. 64.032.  PERSONS PROVIDING ASSISTANCE.  
(a)  Except as provided by Subsection (c), on a voter's request for assistance in marking the ballot, two election officers shall provide the assistance.
(b)  If a voter is assisted by election officers in the general election for state and county officers, each officer must be aligned with a different political party unless there are not two or more election officers serving the polling place who are aligned with different parties.
(c)  On the voter's request, the voter may be assisted by any person selected by the voter other than the voter's employer, an agent of the voter's employer, or an officer or agent of a labor union to which the voter belongs.
(d)  If assistance is provided by a person of the voter's choice, an election officer shall enter the person's name and address on the poll list beside the voter's name.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 64.0321.  DEFINITION.  
For purposes of this subchapter and Sections 85.035 and 86.010, assisting a voter includes the following conduct by a person other than the voter that occurs while the person is in the presence of the voter's ballot or carrier envelope:
(1)  reading the ballot to the voter;
(2)  directing the voter to read the ballot;
(3)  marking the voter's ballot;  or
(4)  directing the voter to mark the ballot.
Added by Acts 2003, 78th Leg., ch. 393, Sec. 4, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 640, Sec. 1, eff. June 20, 2003.
                
Text of section effective on December 02, 2021
Sec. 64.0322.  SUBMISSION OF FORM BY ASSISTANT. 
 (a)  A person, other than an election officer, who assists a voter in accordance with this chapter is required to complete a form stating:
(1)  the name and address of the person assisting the voter;
(2)  the relationship to the voter of the person assisting the voter; and
(3)  whether the person assisting the voter received or accepted any form of compensation or other benefit from a candidate, campaign, or political committee.
(b)  The secretary of state shall prescribe the form required by this section.  The form must be incorporated into the official carrier envelope if the voter is voting an early voting ballot by mail and receives assistance under Section 86.010, or must be submitted to an election officer at the time the voter casts a ballot if the voter is voting at a polling place or under Section 64.009.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 6.03, eff. December 2, 2021.
                
Sec. 64.033.  READING BALLOT TO VOTER.  
(a)  If a voter is assisted by election officers, one of them shall read the entire ballot to the voter unless the voter tells the officer that the voter desires to vote only on certain offices or measures.  In that case, the officer shall read those items on the ballot specified by the voter.
(b)  If a voter is assisted by a person of the voter's choice, an election officer shall ask the voter being assisted whether the voter wants the entire ballot read to the voter. If so, the officer shall instruct the person assisting the voter to read the entire ballot to the voter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 64, eff. Sept. 1, 1997.
                
Text of section effective until December 02, 2021
Sec. 64.034.  OATH.  
A person selected to provide assistance to a voter must take the following oath, administered by an election officer at the polling place, before providing assistance:
"I swear (or affirm) that I will not suggest, by word, sign, or gesture, how the voter should vote; I will confine my assistance to answering the voter's questions, to stating propositions on the ballot, and to naming candidates and, if listed, their political parties; I will prepare the voter's ballot as the voter directs; and I am not the voter's employer, an agent of the voter's employer, or an officer or agent of a labor union to which the voter belongs."
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 358 (H.B. 2475), Sec. 1, eff. September 1, 2013.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 6.04, eff. December 2, 2021.
                
Text of section effective on December 02, 2021
Sec. 64.034.  OATH.  
A person, other than an election officer, selected to provide assistance to a voter must take the following oath, administered by an election officer at the polling place, before providing assistance:
"I swear (or affirm) under penalty of perjury that the voter I am assisting represented to me they are eligible to receive assistance; I will not suggest, by word, sign, or gesture, how the voter should vote; I will confine my assistance to reading the ballot to the voter, directing the voter to read the ballot, marking the voter's ballot, or directing the voter to mark the ballot; I will prepare the voter's ballot as the voter directs; I did not pressure or coerce the voter into choosing me to provide assistance; I am not the voter's employer, an agent of the voter's employer, or an officer or agent of a labor union to which the voter belongs; I will not communicate information about how the voter has voted to another person; and I understand that if assistance is provided to a voter who is not eligible for assistance, the voter's ballot may not be counted."
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 358 (H.B. 2475), Sec. 1, eff. September 1, 2013.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 6.04, eff. December 2, 2021.
                
Sec. 64.035.  DEPOSITING BALLOT.  
After assistance has been provided in marking a ballot, the ballot shall be folded and deposited in the ballot box by the voter or, on the voter's request, by the person assisting the voter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
                
Sec. 64.036.  UNLAWFUL ASSISTANCE.  
(a)  A person commits an offense if the person knowingly:
(1)  provides assistance to a voter who is not eligible for assistance;
(2)  while assisting a voter prepares the voter's ballot in a way other than the way the voter directs or without direction from the voter;
(3)  while assisting a voter suggests by word, sign, or gesture how the voter should vote;  or
(4)  provides assistance to a voter who has not requested assistance or selected the person to assist the voter.
(b)  A person commits an offense if the person knowingly assists a voter in violation of Section 64.032(c).
(c)  An election officer commits an offense if the officer knowingly permits a person to provide assistance:
(1)  to a voter who is not eligible for assistance;  or
(2)  in violation of Section 64.032(c).
(d)  An offense under this section is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 393, Sec. 5, eff. Sept. 1, 2003.
                
Sec. 64.037.  UNAUTHORIZED ASSISTANCE VOIDS BALLOT. 
 If assistance is provided to a voter who is not eligible for assistance, the voter's ballot may not be counted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 82.001.  ABSENCE FROM COUNTY OF RESIDENCE.  
(a)  Subject to Subsection (b), a qualified voter is eligible for early voting by mail if the voter expects to be absent from the county of the voter's residence on election day and during the regular hours for conducting early voting at the main early voting polling place for that part of the period for early voting by personal appearance remaining after the voter's early voting ballot application is submitted to the early voting clerk.
(b)  If a voter's early voting ballot application is submitted on or after the first day of the period for early voting by personal appearance, the voter is ineligible for early voting by mail unless the voter is absent from the county when the application is submitted and satisfies the requirements prescribed by Subsection (a).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 19, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.05;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                
Sec. 82.002.  DISABILITY OR CONFINEMENT FOR CHILDBIRTH.  
(a)  A qualified voter is eligible for early voting by mail if the voter:
(1)  has a sickness or physical condition that prevents the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring the voter's health; or
(2)  is expecting to give birth within three weeks before or after election day.
(b)  The following do not constitute sufficient cause to entitle a voter to vote under Subsection (a):
(1)  a lack of transportation;
(2)  a sickness that does not prevent the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring the voter's health; or
(3)  a requirement to appear at the voter's place of employment on election day.
(c)  To be eligible for an early voting ballot by mail under Subsection (a)(1), an applicant must affirmatively indicate that he or she agrees with the statement prescribed by Section 84.002(c).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 19, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.05;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, Sec. 69, eff. Sept. 1, 1997.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 728 (H.B. 3920), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 728 (H.B. 3920), Sec. 2, eff. September 1, 2021.
                
Sec. 82.003.   AGE.
  A qualified voter is eligible for early voting by mail if the voter is 65 years of age or older on election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 19, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.05;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                
Sec. 82.004.  CONFINEMENT IN JAIL.  
(a)  A qualified voter is eligible for early voting by mail if, at the time the voter's early voting ballot application is submitted, the voter is confined in jail:
(1)  serving a misdemeanor sentence for a term that ends on or after election day;
(2)  pending trial after denial of bail;
(3)  without bail pending an appeal of a felony conviction;  or
(4)  pending trial or appeal on a bailable offense for which release on bail before election day is unlikely.
(b)  A voter confined in jail who is eligible for early voting is not entitled to vote by personal appearance unless the authority in charge of the jail, in the authority's discretion, permits the voter to do so.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 19, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Election Code Sec. 82.005 and amended by Acts 1991, 72nd Leg., ch. 203, Sec. 1.02;  Acts 1997, 75th Leg., ch. 864, Sec. 70, eff. Sept. 1, 1997.
                
Sec. 82.005.  ELIGIBILITY FOR EARLY VOTING BY PERSONAL APPEARANCE.  
Any qualified voter is eligible for early voting by personal appearance.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 19, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Election Code Sec. 82.006 and amended by Acts 1991, 72nd Leg., ch. 203, Sec. 1.02.
                
Sec. 82.007.  PARTICIPATION IN ADDRESS CONFIDENTIALITY PROGRAM.  
A qualified voter is eligible for early voting by mail if:
(1)  the voter submitted a registration application by personal delivery as required by Section 13.002(e); and
(2)  at the time the voter's early voting ballot application is submitted, the voter is certified for participation in the address confidentiality program administered by the attorney general under Subchapter B, Chapter 58, Code of Criminal Procedure.
Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 7, eff. June 15, 2007.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.28, eff. January 1, 2021.
                
Sec. 82.008.  INVOLUNTARY CIVIL COMMITMENT.  
A qualified voter is eligible for early voting by mail if, at the time the voter's early voting ballot application is submitted, the voter is a person who is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code, and is ordered as a condition of civil commitment to reside in a facility operated by or under contract with the Texas Civil Commitment Office.
Added by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 45, eff. September 1, 2021.

Sec. 112.001.  LIMITED BALLOT.  
In this code, "limited ballot" means a ballot voted under this chapter that is restricted to the offices and propositions stating measures on which a person is entitled to vote under Section 112.004.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 112.002.  ELIGIBILITY.  
(a)  After changing residence to another county, a person is eligible to vote a limited ballot by personal appearance during the early voting period or by mail if:
(1)  the person would have been eligible to vote in the county of former residence on election day if still residing in that county;
(2)  the person is registered to vote in the county of former residence at the time the person:
(A)  offers to vote in the county of new residence; or
(B)  submitted a voter registration application in the county of new residence; and
(3)  a voter registration for the person in the county of new residence is not effective on or before election day.
(b)  A person is not eligible to vote a limited ballot by mail unless, in addition to satisfying the eligibility requirements prescribed by Subsection (a), the person is eligible for early voting by mail under Chapter 82.
(c)  Before being accepted for voting under this chapter, the voter must execute a statement including:
(1)  a statement that the voter satisfies the applicable requirements prescribed by Subsection (a);
(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 voter's residence;
(3)  the month, day, and year of the voter's birth;  and
(4)  the date the statement is executed.
(d)  A statement executed under Subsection (c) shall be submitted:
(1)  to an election officer at the main early voting polling place, if the person is voting by personal appearance;  or
(2)  with the person's application for a ballot to be voted by mail, if the person is voting by mail.
(e)  A statement executed under Subsection (c) may include space for disclosure of any necessary information to enable the person to register to vote under Chapter 13.
(f)  The secretary of state shall prescribe the form of a statement executed under Subsection (c).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 1316, Sec. 33, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 1120 (H.B. 2454), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 11, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 24, eff. September 1, 2011.
                            
Sec. 112.003.  RESIDENCE IN PRECINCT SITUATED IN MORE THAN ONE COUNTY.  
A person who changes county of residence may vote in the regular manner in an election ordered by an authority of a political subdivision situated in more than one county if the person resides in the same election precinct both before and after changing county of residence and the person's voter registration in the county of former residence is effective at the time the person offers to vote.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 112.004.  OFFICES AND MEASURES ON WHICH VOTER ENTITLED TO VOTE. 
 A person voting a limited ballot is entitled to vote only on:
(1)  each office and proposition stating a measure to be voted on statewide;  and
(2)  each office and proposition stating a measure to be voted on in a territorial unit of which the person was a resident both before changing county of residence and after the change.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 112.005.  SUBMITTING APPLICATION FOR MAIL BALLOT.  
An application for a limited ballot to be voted by mail must be submitted to the early voting clerk serving the election precinct in which the applicant resides.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 112.006.  PLACE FOR VOTING BY PERSONAL APPEARANCE.  
A person may vote a limited ballot by personal appearance only at the main early voting polling place.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1350, Sec. 6, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1381, Sec. 24, eff. Sept. 1, 1997.
                            
Sec. 112.007.  VERIFYING REGISTRATION STATUS OF APPLICANT FOR BALLOT.  
Before accepting an applicant to vote a limited ballot or, in the case of an application for a limited ballot to be voted by mail, before providing a ballot to the applicant, the early voting clerk shall verify, if possible, that the applicant does not have an effective voter registration in the county of new residence.  If the person has applied in the county of new residence for a voter registration that will be effective on or before election day, the limited ballot application shall be rejected.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 112.008.  DETERMINING OFFICES AND MEASURES TO BE VOTED ON. 
 For each person who is to vote a limited ballot, the early voting clerk shall determine the offices and propositions stating measures on which the person is entitled to vote and shall indicate them on the person's application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 112.009.  PREPARING VOTING MACHINE.  
Before permitting a person to vote a limited ballot on a voting machine, the early voting clerk shall adjust the machine so that votes may be cast only on the offices and propositions stating measures on which the voter is entitled to vote.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 112.010.  SUBSTITUTING MAIL BALLOTS FOR VOTING MACHINE.  
(a)  If early voting by personal appearance is conducted by voting machine, the early voting clerk may conduct the personal appearance voting of limited ballots by using official ballots for early voting by mail.
(b)  The secretary of state may provide for the use of envelopes or other containers instead of ballot boxes for voters to deposit ballots voted under this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 112.011.  INFORMATION ON DISTRICT COMPOSITION.  
(a)  In each even-numbered year, the secretary of state shall prepare information on the territorial composition of each district for which an officer of the state government is regularly elected at the general election for state and county officers.
(b)  The information must include the data necessary to enable an early voting clerk to determine the district offices on which a voter under this chapter is eligible to vote.
(c)  The secretary shall deliver the information to each county clerk before the 20th day before general primary election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                            
Sec. 112.012.  NOTIFICATION TO VOTER REGISTRAR.  
Not later than the 30th day after receipt of an application for a limited ballot, the early voting clerk shall notify the voter registrar for the voter's former county of residence that the voter has applied for a limited ballot.
Added by Acts 1987, 70th Leg., ch. 436, Sec. 8, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 113.001.  PRESIDENTIAL BALLOT.  
In this chapter, "presidential ballot" means a ballot voted under this chapter that is restricted to the offices of president and vice-president of the United States.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                
Sec. 113.002.  ELIGIBILITY.  
A former resident of this state is eligible to vote a presidential ballot in the presidential general election by personal appearance or by mail if the former resident:
(1)  is domiciled in another state;
(2)  was registered to vote in this state at the time the former resident ceased to be a resident;
(3)  would be eligible for registration to vote in this state if a resident;  and
(4)  on presidential election day will not have resided in the state of present domicile for more than 30 days and is not eligible to vote in the presidential election in that state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                
Sec. 113.003.  SUBMITTING APPLICATION FOR MAIL BALLOT.  
An application for a presidential ballot to be voted by mail must be submitted to the early voting clerk serving the county of the applicant's most recent registration to vote by the deadline prescribed by Section 84.007.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 75, eff. September 1, 2021.
                
Sec. 113.004.  TIME AND PLACE FOR VOTING BY PERSONAL APPEARANCE.  (a)  A person may vote a presidential ballot by personal appearance only at the main early voting polling place for the county of the person's most recent registration to vote.
(b)  The period for voting presidential ballots by personal appearance ends on presidential election day.
(c)  Beginning on the day after the last day of the period for early voting by personal appearance and through presidential election day, the dates and hours for voting presidential ballots by personal appearance are the dates and hours that the county clerk's main business office is regularly open for business.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                
Sec. 113.005.  PERSONAL APPEARANCE VOTING;  PROCESSING RESULTS.  (a)  On submission of an application for a presidential ballot to be voted by personal appearance, the early voting clerk shall review the application and verify the applicant's registration status in accordance with the procedure applicable to early voting by mail.
(b)  The personal appearance voting shall be conducted with the balloting materials for early voting by mail.
(c)  The voter must mark and seal the ballot in the same manner as if voting by mail except that the certificate on the carrier envelope need not be completed.
(d)  On sealing the carrier envelope, the voter must give it to the clerk, who shall note on the envelope that the ballot is a presidential ballot.
(e)  The results of voting a presidential ballot by personal appearance shall be processed in accordance with the procedures applicable to processing early voting ballots voted by mail.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
                
Sec. 113.006.  CANCELING REGISTRATION.  
As soon as practicable after the close of voting, the early voting clerk shall notify the voter registrar of the name of each person who applied for a presidential ballot whose name appears on the list of registered voters.  On receipt of the notice, the voter registrar shall cancel the voter's registration.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 14.001.  RENEWAL REGISTRATION CERTIFICATE.  
(a)  On or after November 15 but before December 6 of each odd-numbered year, the registrar shall issue a voter registration certificate to each voter in the county whose registration is effective on the preceding November 14 and whose name does not appear on the suspense list.
(b)  In this code, "renewal certificate" means a registration certificate issued under this section.
(c)  A renewal certificate is valid for two years beginning on January 1 following its issuance.
(d)  At the time the registrar issues an initial certificate for a voter whose registration will be effective after November 14 of an odd-numbered year and before January 1 of the following year, the registrar shall also issue the voter a renewal certificate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 3, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 436, Sec. 11, eff. Sept. 1, 1989;  Acts 1987, 70th Leg., ch. 472, Sec. 54, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 797, Sec. 8, eff. Sept. 1, 1995.
 
Sec. 14.002.  DELIVERY OF RENEWAL CERTIFICATE TO VOTER.  
(a)  Except as provided by Subsection (d), the registrar shall deliver a voter's renewal certificate by mail to the mailing address on the voter's registration application.
(b)  The certificate, if mailed without an envelope, or the envelope containing the certificate must contain an instruction to the postal authorities not to forward it to any other address and to return it to the registrar if the addressee is no longer at the address to which the certificate was mailed.
(c)  The registrar may not mail the certificate in the same envelope with a tax statement.
(d)  The registrar shall deliver a renewal certificate issued under Section 14.001(d) with the voter's initial certificate. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
 
Sec. 14.021.  DISPOSITION OF RETURNED RENEWAL CERTIFICATE.  
On the return to the registrar of an undelivered renewal certificate that was mailed to a voter, the registrar shall file the certificate with the voter's registration application and, not later than January 2 following the mailing of certificates, enter the voter's name on the suspense list. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Renumbered from Election Code Sec. 14.022 and amended by Acts 1995, 74th Leg., ch. 797, Sec. 9, eff. Sept. 1, 1995.
 
Sec. 14.022.  ERRONEOUS RETURN OF RENEWAL CERTIFICATE.  
If the registrar determines that a voter's renewal certificate was returned undelivered solely because of postal service error, address reclassification, or the registrar's clerical error, the registrar shall delete the voter's name from the suspense list, make any other appropriate corrections in the registration records, and deliver the certificate to the voter. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Renumbered from Election Code Sec. 14.023 and amended by Acts 1995, 74th Leg., ch. 797, Sec. 9, eff. Sept. 1, 1995.
                                                            
Sec. 14.023.  CONFIRMATION NOTICE AFTER RETURN OF RENEWAL CERTIFICATE.  
(a)  After January 1 but not later than March 1 of each even-numbered year, the registrar shall deliver a confirmation notice in accordance with Section 15.051 to each voter whose name appears on the suspense list under this subchapter.
(b)  If the voter fails to submit a response to the registrar in accordance with Section 15.053, the voter's name remains on the suspense list. Added by Acts 1995, 74th Leg., ch. 797, Sec. 9, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.02, eff. Sept. 1, 1999.

For assistance with the process of becoming a protected voter, click here (request for address confidentiality by eligible voters) or here (confidentiality affidavit for certain state employees).

Or contact the Texas Secretary of State Elections Division

Email: elections@sos.texas.gov

Phone: 512-463-5650  

Recording and Disclosure of Certain Information by Registrar Tex. Elec. Code § 13.004

Sec. 13.004.  RECORDING AND DISCLOSURE OF CERTAIN INFORMATION BY REGISTRAR.  (a)  The registrar may not transcribe, copy, or otherwise record a telephone number furnished on a registration application.

(b)  The registrar may transcribe, copy, or otherwise record a social security number furnished on a registration application only in maintaining the accuracy of the registration records.

(c)  The following information furnished on a registration application is confidential and does not constitute public information for purposes of Chapter 552, Government Code:

(1)  a social security number;

(2)  a Texas driver's license number;

(3)  a number of a personal identification card issued by the Department of Public Safety;

(4)  the residence address of the applicant, if the applicant is a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge, a family member of a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge, the spouse of a peace officer as defined by Article 2.12, Code of Criminal Procedure, or an individual to whom Section 552.1175, Government Code, or Section 521.1211, Transportation Code, applies and the applicant:

(A)  included an affidavit with the registration application describing the applicant's status under this subdivision, if the applicant is a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge or a family member of a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge;

(B)  provided the registrar with an affidavit describing the applicant's status under this subdivision, if the applicant is a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge or a family member of a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge; or

(C)  provided the registrar with a completed form approved by the secretary of state for the purpose of notifying the registrar of the applicant's status under this subdivision;

(5)  the residence address of the applicant, if the applicant, the applicant's child, or another person in the applicant's household is a victim of family violence as defined by Section 71.004, Family Code, who provided the registrar with:

(A)  a copy of a protective order issued under Chapter 85, Family Code, or a magistrate's order for emergency protection issued under Article 17.292, Code of Criminal Procedure; or

(B)  other independent documentary evidence necessary to show that the applicant, the applicant's child, or another person in the applicant's household is a victim of family violence;

(6)  the residence address of the applicant, if the applicant, the applicant's child, or another person in the applicant's household is a victim of sexual assault or abuse, stalking, or trafficking of persons who provided the registrar with:

(A)  a copy of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a magistrate's order for emergency protection issued under Article 17.292, Code of Criminal Procedure; or

(B)  other independent documentary evidence necessary to show that the applicant, the applicant's child, or another person in the applicant's household is a victim of sexual assault or abuse, stalking, or trafficking of persons;

(7)  the residence address of the applicant, if the applicant:

(A)  is a participant in the address confidentiality program administered by the attorney general under Subchapter B, Chapter 58, Code of Criminal Procedure; and

(B)  provided the registrar with proof of certification under Article 58.059, Code of Criminal Procedure; or

(8)  the telephone number of any applicant submitting documentation under Subdivision (5), (6), or (7).

(c-1)  The registrar shall ensure that the information listed in Subsection (c) is excluded from disclosure, except that the registrar shall forward to the county chair of each county executive committee the information necessary to contact applicants who indicate interest in working as an election judge.

(d)  The voter registrar or other county official who has access to the information furnished on a registration application may not post the following information on a website:

(1)  a telephone number;

(2)  a social security number;

(3)  a driver's license number or a number of a personal identification card;

(4)  a date of birth; or

(5)  the residence address of a voter who submits documentation under Subsection (c)(5), (6), (7), or (8) to the voter registrar or regarding whom the registrar has received notification under Section 15.0215.

(e)  Documentation submitted under Subsection (c)(5), (6), (7), or (8) shall be retained on file with the voter registration application.

(f)  In this section, "family member" has the meaning assigned by Section 31.006, Finance Code.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 454, Sec. 2, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 606, Sec. 1, 2, eff. Sept. 1, 2003.

Amended by: 

Acts 2005, 79th Leg., Ch. 487 (H.B. 345), Sec. 1, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch. 487 (H.B. 345), Sec. 2, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch. 1049 (H.B. 1268), Sec. 2, eff. January 1, 2006.

Acts 2007, 80th Leg., R.S., Ch. 594 (H.B. 41), Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 465 (S.B. 281), Sec. 2, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 937 (H.B. 1632), Sec. 1, eff. June 14, 2013.

Acts 2017, 85th Leg., R.S., Ch. 41 (S.B. 256), Sec. 6, eff. May 19, 2017.

Acts 2017, 85th Leg., R.S., Ch. 462 (H.B. 2015), Sec. 1, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 713 (H.B. 4034), Sec. 1, eff. June 12, 2017.

Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.26, eff. January 1, 2021.

Acts 2019, 86th Leg., R.S., Ch. 489 (H.B. 3100), Sec. 1, eff. June 7, 2019.

Acts 2019, 86th Leg., R.S., Ch. 1146 (H.B. 2910), Sec. 2, eff. September 1, 2019.

Reenacted and amended by Acts 2021, 87th Leg., R.S., Ch. 383 (S.B. 1134), Sec. 2, eff. September 1, 2021.

Amended by: 

Acts 2021, 87th Leg., R.S., Ch. 383 (S.B. 1134), Sec. 3, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 11, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 6.001, eff. September 1, 2021.