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Upcoming Primary Elections
The primary election for state and county offices, and the Presidential preference primary, will be held on March 1, 2016. If a primary runoff election is necessary, it will be held on May 24, 2016.
Source (confirmed on: 2016-02-05)Upcoming General Elections
How is a nominee determined (caucus, primary, convention)?
For political parties whose gubernatorial candidate received at least 20% of the vote in the previous gubernatorial general election, such as the Democratic Party and the Republican Party, candidates are nominated by primary elections. For political parties whose gubernatorial candidate received less than 20% of the vote but more than 2% of the vote in the previous gubernatorial general election, the political party can choose to nominate its candidates either by primary election or by convention. All other political parties' candidates are nominated by convention.
Source (confirmed on: 2016-02-05)Can voters register by party in the state?
No. Registered voters affiliate with a political party by making an "oath of affiliation." An unaffiliated voter can make the oath can be made at any time, including at the polls on the day of a party's primary election or convention. After making the oath, the voter will receive an "affiliation certificate" that describes the voter's party affiliation (except that the voter will not receive a certificate if the voter affiliates at the polls during a runoff primary election, unless the voter requests a certificate). If a voter makes an oath of affiliation during an election year, the voter cannot change their party affiliation until after the election year ends.
Source (confirmed on: 2016-02-05)Tex. Elec. Code § 162.003 [link]
Tex. Elec. Code § 162.004 [link]
Tex. Elec. Code § 162.005 [link]
Tex. Elec. Code § 162.006 [link]
Tex. Elec. Code § 162.007 [link]
Tex. Elec. Code § 162.008 [link]
Tex. Elec. Code § 162.009 [link]
Tex. Elec. Code § 162.012 [link]
Texas Voter Registration Application [link]
Tex. Elec. Code § 162.009 [link]
Must voters be registered with a political party if they would like to vote on that party’s candidates in a partisan primary election (i.e., are primaries open or closed)?
Yes, but Texas's primary elections are semi-open. Voters may choose to affiliate with a political party at any time during an election year, including at the polls on the day of a party's primary election or convention, by making an oath of affliation. After making the oath, voter will be issued an "affiliation certificate" that describes their affiliation, and the voter can use it to vote in their political party's primary election or convention. However, after a voter affiliates with a political party during an election year, the voter cannot change their party affiliation or vote in another party's primary or convention until the next election year.
Source (confirmed on: 2016-02-05)Tex. Elec. Code § 162.003 [link]
Tex. Elec. Code § 162.004 [link]
Tex. Elec. Code § 162.005 [link]
Tex. Elec. Code § 162.006 [link]
Tex. Elec. Code § 162.007 [link]
Tex. Elec. Code § 162.008 [link]
Tex. Elec. Code § 162.009 [link]
Tex. Elec. Code § 162.010 [link]
Tex. Elec. Code § 162.012 [link]
Texas Voter Registration Application [link]
When can a voter change or switch their party affiliation?
If a voter affiliates with a political party during an election year, the voter can change their party affiliation once the election year ends. If a voter affiliates with a political party during an odd-numbered year, the voter can change their party affiliation starting on the first day that a potential candidate can apply to appear on the primary election ballot.
Source (confirmed on: 2016-02-05)Tex. Elec. Code § 162.010 [link]
Can someone pre-register to vote if they will not be 18 years old by the next election? If so, who?
To register to vote, a person must live in Texas and the county where they are registering to vote. If a person's home has no address, then the person must, when registering to vote, write on the application the address at which the person receives mail and a short description of the location of their home.
Source (confirmed on: 2016-02-19)Can 17-year-olds who will be 18-year-olds by the general election vote in the primary?
Does the state take away the right to vote from persons convicted of certain crimes? If so, what crimes?
No one convicted of a felony can vote while in prison or serving any part of their sentence, including any period of probation, parole, or supervision.
Source (confirmed on: 2016-02-05)Tex. Elec. Code § 13.001(a)(4) [link]
If people lose the right to vote because of a criminal conviction, can they regain the right to vote? How?
Is fully online voter registration available? (i.e., can voters fill in and submit an online application without printing and signing it?)
Does the state accept the National Mail Registration Form?
Yes. Click here to download the form.
Source (confirmed on: 2016-02-05)National Mail Registration Form [link]
Is the state required to register voters at public assistance agencies and driver's license agencies, per the National Voter Registration Act of 1993?
Does the state have specific rules on students registering to vote or voting?
When is the voter registration deadline?
The 30th day prior to an election. If the 30th day falls on a weekend or legal holiday, the registration deadline is pushed to the next day that is not a Saturday, Sunday, or legal holiday.
Source (confirmed on: 2016-02-05)Tex. Elec. Code § 13.143 [link]
How is the deadline enforced for mailed applications?
Postmark - A mailed voter registration application must be postmarked by the voter registration deadline.
If a person faxes their voter registration application and it is received by the voter registration deadline, a mailed copy of the voter registration application must be received within four days.
Source (confirmed on: 2016-02-05)Tex. Elec. Code § 13.143 [link]
Are there restrictions on getting voter registration forms?
Texas law does not directly address this issue. The Secretary of State indicates that county voter registrars should provide volunteer deputy registrars (VDRs) with applications containing the county return address, but indicates that if a VDR’s county voter registrar does not have enough applications to provide to, then that VDR may print blank applications for volunteer deputy registrars from the Secretary of State’s website. According to the Secretary of State, these applications should only be distributed to applicants residing in the county. Generic applications containing the Secretary of State’s return address can be distributed to anyone residing in any county; however, VDRs can only accept applications from those registering within the county in which they are appointed.
Source (confirmed on: 2016-02-18)Texas Volunteer Deputy Registrar Guide [link]
Does the state require any training in order to conduct voter registration drives?
Yes, a volunteer deputy registrar may not receive another person's registration application until the deputy registrar has completed the state-developed training.
Counties may adopt a method for appointment for volunteer deputy registrations prescribed by the Secretary of State or developed by the county and approved by the Secretary of State that provides for training and examination of potential volunteer deputy registrars. The Secretary of State is required to provide training materials on the secretary’s website as well as to prescribe and make available on the website an examination based on those materials. A county that adopts the method under the new law must administer the required examination to a potential volunteer deputy registrar during the voter registrar’s regular business hours and is not required to hold in-person training sessions.
Source (confirmed on: 2016-02-18)Does the state have restrictions on who may help others register to vote?
Yes; each person who accepts, delivers, or handles completed registration applications to be appointed by the County Registrar as a “volunteer deputy registrar” (VDR), unless that person is an “agent” of the voter who is a spouse, parent, or child of the voter and is either a qualified voter of the county or has submitted a registration application and is otherwise eligible to vote. To become a volunteer dupty registrar, Texas law requires that a person be deputized in the county of an applicant’s residence in order to accept an application from a someone who lives in that county.
To be a volunteer deputy registrar, a person must meet the following qualifications:
A person desiring to serve as a volunteer deputy registrar must request appointment by the registrar in person or by mail. A registrar may not refuse to appoint as a volunteer deputy registrar a person eligible for appointment under Section 13.031(d); or any person on the basis of sex, race, creed, color, or national origin or ancestry. Volunteer deputy registrars serve for terms expiring December 31 of even-numbered years.
The registrar must reject all registration applications received by a person purporting to act as a volunteer deputy registrar after the person's appointment is terminated. Volunteer deputy registrars’ appointments will be terminated and may not be reappointed if they are convicted for failure to deliver an application as required by law, or for violating the compensation provision. A volunteer deputy’s appointment may be terminated on a “determination by the registrar that the volunteer deputy failed to adequately review a registration application.” A volunteer deputy’s appointment may also be terminated on “a determination by the registrar that the volunteer deputy” (1) “intentionally destroyed or physically altered a registration application” or (2) “engaged in any other activity that conflicts with the responsibilities of a volunteer deputy registrar under [Chapter 13 of the Texas election code].”
A person commits a Class C misdemeanor 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. Further, regarding agents, a person commits a Class B misdemeanor if the person acts as an agent for an applicant but is not eligible for appointment as an agent. Further, a person commits a felony of the third degree 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 is not an agent of the applicant and is not eligible for appointment as an agent of the person for whom the person purports to act.
In summary, as Texas applies the law, the following actions potentially carry criminal penalties: • Collecting or delivering an application if the person collecting or delivering it is not a trained volunteer deputy registrar; • Collecting an application if the person is not a Texas resident and eligible to vote in Texas (such individuals cannot be VDRs); • Collecting an application from a person who lives in a county where the person collecting it is not appointed as a volunteer deputy registrar.
Source (confirmed on: 2016-02-18)Texas Volunteer Deputy Registrar Guide [link]
Letter from Ann McGeehan, Director of Elections, Texas Sec’y of State, to Niyati Shah, Project Vote, May 13, 2011 [link]
Texas Elec. Code § 11.002(a)(5) [link]
Texas Elec. Code § 13.003(b) [link]
Texas Elec. Code § 13.005 [link]
Texas Elec. Code § 13.006 [link]
Texas Elec. Code § 13.031 [link]
Texas Elec. Code § 13.032 [link]
Texas Elec. Code § 13.033 [link]
Texas Elec. Code § 13.036 [link]
Texas Elec. Code § 13.044 [link]
Does the state have restrictions on paying drive workers, or additional rules related to payment?
Yes, 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) if the person accepts compensation for any of these activities.
A federal appeals court ruled that (2) and (3) mean “conditioning payment or employment solely on the submission of a fixed number of applications,” specifically, (2) applies only when a quota is presented to a canvasser, while (3) “applies when that fixed quota is used as the sole basis for determining compensation or employment, regardless whether it has been ‘presented’ to the canvasser.” According to the court, (2) “is premised on ‘presenting’ a quota to the employee, a formulation that implies direct contact in advance to warn the person of a ‘quid pro quota,’” and (3) involves “decisions that are ‘solely dependent’ on” the “employee’s number of voter registrations.” The court held that Section 3 “prevents organizations from making compensation and employment decisions solely based on a fixed number of applications.”
These offenses are punishable as a Class A misdemeanor, which is punishable by a fine up to $4,000, confinement in jail up to one year, or both. An officer, director, or other agent of an entity that commits this offense is punishable for it.
Source (confirmed on: 2016-02-18)Are there restrictions on the voter registration drive offering something of value to a person in exchange for completing a voter registration application?
Federal law states that whoever "pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years." At least one federal appellate court has interpreted "payment" as "intended to include forms of pecuniary value offered or given directly to an individual voter, and indicated the value should be based on "an assessment of the monetary worth of an item from the perspective of the voter receiving the item." That case held that food vouchers could be "payment."
Another example is California's Secretary of State's interpretation of the federal law to mean that "Any type of incentive is considered 'payment,' even things as seemingly innocent as cookies or admission to an entertainment event."
Source (confirmed on: 2016-02-18)Must the registration drive worker sign the completed voter registration application, and must the drive or canvasser place other information on applications?
Individuals who act as “agents,” who must be a spouse, parent, or child of the registrant, must sign an application. Among other things, agents may complete and sign a registration application or submit an application for an applicant if they qualify and are appointed by the applicant.
In addition, volunteer deputy registrars must provide applicants with a signed receipt. Volunteer deputy registrars are also required to review a voter registration application for completeness in the presence of the applicant, and if it does not contain all of the information that is required, the volunteer deputy registrar must return it to the applicant for completion and resubmission. Registrars are authorized to terminate the appointment of the volunteer deputy registrar “on a determination by the registrar that the volunteer deputy failed to adequately review a registration application as required.”
Texas’s volunteer deputy registrar guide and training materials state that VDRs cannot make the applicant provide the person’s telephone number or gender, which are indicated as optional on the voter registration form.
A volunteer deputy must present his certificate of appointment as a deputy as identification to an applicant for registration, on request, when receiving the application for delivery to the registrar. The certificate of appointment includes the full name and residence address of the deputy, the county where the person was deputized, as well as the person’s voter registration number, if any.
Source (confirmed on: 2016-02-18)Does the state have a rule requiring a receipt or other tracking information to be provided to the applicant?
On receipt of a completed registration application, a volunteer deputy registrar must prepare a receipt in duplicate on a form furnished by the registrar. The receipt must contain the name of the applicant (and, if applicable, the name of the applicant's agent), and the date the completed application is submitted to the volunteer deputy. The volunteer deputy must sign the receipt in the applicant's presence and give the original to the applicant. The volunteer deputy must deliver the duplicate receipt to the registrar with the registration application. The registrar retains the receipt on file with the application. The Secretary of State indicates their position that VDRs may keep a copy or a stub of the receipt for recordkeeping purposes.
Source (confirmed on: 2016-02-18)Are there restrictions on copying completed voter registration applications prior to submitting them to the election official, or other restrictions on data entry or disclosure?
Yes. The Secretary of State states that volunteer deputy registrars may not copy voter registration applications. Volunteer deputy registrars (VDRs) are instructed not to keep copies of the completed voter registration applications because the documents contain information that is confidential by law.
Texas’s guide for volunteer deputy registrars states that VDRs may copy the receipts and “may also copy the relevant information from the application in writing just as you would be able to do if you went to the registrar’s office and pulled a copy of the original application.”
Texas law states that the following information is not considered public and that registrars must ensure it is excluded from disclosure: social security numbers, Texas driver’s license numbers, a number of a personal identification card issued by the Department of Public Safety, an indication that the applicant is interested in working as an election judge, the address of an applicant who is a federal or state judge, or the spouse of a federal or state judge, where the applicant submitted the required affidavit or form. In addition, a voter registrar or other county official who has access to the information furnished on a registration application may not post on a website: either social security numbers, Texas driver’s license numbers, a number of a personal identification card, the address or an applicant who is a federal or state judge, or the spouse of a federal or state judge, where the applicant submitted the required affidavit or form, the telephone number or date of birth.
The National Voter Registration Act requires election officials to maintain for two years and make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters. In Project Vote v. Long, the U.S. Court of Appeals for the Fourth Circuit ruled that under this requirement, the Virginia election official had to make available for public inspection and, where available, photocopying at a reasonable cost, completed voter registration applications with the social security numbers redacted. Organizations should seek copies of the applications they submitted by requesting them from the election official.
Source (confirmed on: 2016-02-18)Is there a time limit for voter registration groups to submit the voter registration applications they collect?
Yes. Volunteer deputy registrars must deliver completed applications and receipts to the registrar in person, or by personal delivery through another designated volunteer deputy in the county, no later than 5 p.m. of the fifth day after the date the application is collected. Applications collected after the 34th day and before the 29th day before the date of an election must be delivered by 5 p.m. on the 29th day before Election Day. Volunteer deputy registrars are prohibited from submitting applications through the mail.
Source (confirmed on: 2016-02-18)What are the consequences for failing to submit applications on time?
Can people vote if they moved, but did not update their voter registration with their new address?
If a voter moves within the same county but does not update their address before the voter registration deadline, the voter may cast a regular ballot in their former precinct, unless (if applicable) the voter (1) does not live in the political subdivision that ordered the election, if the political subdivision is not the county; or (2) the voter does not live in the territoriy covered by the election in a less-than-countywide election ordered by the governor or a county authority. If the voter moves to another county but remains in the same precinct and does not update their address by the voter registration deadline, the voter may cast a regular ballot.
However, if a voter moves to another county and precinct, the voter must re-register to vote using their new address before the voter registration deadline. If the voter does not do so, the voter may still cast a "limited ballot" during the early voting period in person at the main early voting polling place or, if the voter is eligible to cast an absentee ballot, by mail. The limited ballot will allow voters to vote (1) on statewide races and questions, and (2) on races and questions that appear on regular ballots in both the voter's previous county and the voter's current county.
Source (confirmed on: 2016-02-05)Tex. Elec. Code § 11.004 (intra-county moves) [link]
Tex. Elec. Code § 112.002 (limited ballot) [link]
Tex. Elec. Code § 112.003 (new county, same precinct) [link]
Tex. Elec. Code § 112.004 (limited ballot) [link]
Tex. Elec. Code § 112.006 (limited ballot) [link]
Tex. Elec. Code § 15.025 (voter registration deadline for updates) [link]
Tex. Elec. Code § 63.0011 (intra-county moves) [link]
Can people vote if they have changed their name, but did not update their voter registration with their new name?
If a voter has changed their name and did not update their voter registration record with their new name, then they can vote using their old name if they have an acceptable form of ID that shows their old name (see Voter ID section below for more information on voter ID). If the voter has updated their name on the ID but not on their voter registration record (or vice versa), then they will still be able to cast a regular ballot, but they will have to initial a "similar name affidavit box" on the sign-in form that swears they are the same person.
Source (confirmed on: 2016-02-18)Interview with Texas Secretary of State's office [link]
Does the state have any places that must provide election materials in languages other than English, per Section 203 of the Voting Rights Act of 1965?
Yes. The entire state of Texas must provide election materials in Spanish. Additionally, the following counties must provide materials in additional languages:
Voting Rights Act Amendments of 2006, Determinations Under Section 203, 76 Fed. Reg. 63602 (Oct. 13, 2011) [link]
Does the state have any other rules about providing election materials in languages other than English?
Each election precinct's presiding judge must make reasonable efforts to appoint enough election clerks who speak both English and Spanish to serve the precinct's Spanish-speaking voters. If not enough bilingual election clerks are appointed, then the authority appointing election judges must appoint at least one bilingual election clerk to serve at a central location in the county, and on primary election day, the county chairs of each political party holding a primary must appoint a bilingual election clerk to serve at a central location in the county.
Source (confirmed on: 2016-02-05)Tex. Elec. Code § 272.009 [link]
Who can help a voter with reading assistance or translation if they can't vote on their own?
Under Section 208 of the federal Voting Rights Act, any voter who requires assistance to vote due to inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer, an agent of that employer, or an officer or agent of the voter's union.
Under state law, a voter who cannot read the language that a ballot is written in may request assistance from any of the following people:
The election officers or person of the voter's choosing may assist the voter in the following ways: (1) reading the ballot to the voter; (2) directing the voter to read the ballot; (3) marking the voter's ballot for them; and (4) directing the voter to mark the ballot. If the voter receives assistance from any person other than an election officer during early voting or on Election Day, then an election officer must write the assistant's name and address on the poll list next to the voter's name. If the voter receives assistance from a person of their choosing when casting an absentee ballot by mail, that person must write their name, address, and signature on the absentee ballot carrier envelope.
Additionally under state law, if an election officer who attempts to communicate with a voter does not understand the language used by the voter, the voter may communicate through an interpreter of the voter's choice. However, the interpreter must be registered to vote in the same county as the voter. The interpreter may also accompany the voter into the voting station and translate the ballot for the voter.
Source (confirmed on: 2016-02-09)52 U.S.C. § 10508 (federal law) [link]
Tex. Elec. Code § 61.032 [link]
Tex. Elec. Code § 61.033 [link]
Tex. Elec. Code § 61.034 [link]
Tex. Elec. Code § 61.035 [link]
Tex. Elec. Code § 64.031(2) [link]
Tex. Elec. Code § 64.032 [link]
Tex. Elec. Code § 64.0321 [link]
Tex. Elec. Code § 85.035 [link]
Tex. Elec. Code § 86.010 [link]
Who can help a voter with a disability if they can't vote on their own?
Under Section 208 of the federal Voting Rights Act, any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer, an agent of that employer, or an officer or agent of the voter's union.
Under state law, if a voter has physical disability that prevents the voter from being able to write or see, then the voter may request assistance from any of the following people:
The election officers or person of the voter's choosing may assist the voter in the following ways: (1) reading the ballot to the voter; (2) directing the voter to read the ballot; (3) marking the voter's ballot for them; and (4) directing the voter to mark the ballot. If the voter receives assistance from any person other than an election officer during early voting or on Election Day, then an election officer must write that person's name and address on the poll list next to the voter's name. If the voter receives assistance from a person of their choosing when casting an absentee ballot by mail, that person must write their name, address, and signature on the absentee ballot carrier envelope.
Source (confirmed on: 2016-02-09)Does the state have other rules related to access for persons with disabilities?
Yes. A person with a disability is exempt from Texas's requirement that voters present ID when voting if the person submits the following documentation with their voter registration application:
Additionally, if a person cannot sign any document that Texas election law requires the person sign due to a disability or illiteracy, the person can instead put their mark on the document and have a witness sign the document. The witness must also write their own name and their address (unless the witness is an election officer, in which case the election officer must write their name and title). The witness must also write on the document the voter's name. However, a person who cannot write English because of a disability or illiteracy is exempt from the requirement to sign the voter registration certificate.
A voter with a disability or illness is also eligible to vote early by mail (i.e., vote an absentee ballot) if the voter 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.
Finally, a person who is adjudicated by a court to be fully mentally incapacitated, or partially mentally incapacitated for voting purposes, cannot vote until that determination is reversed.
Source (confirmed on: 2016-02-09)Does the state have early voting/absentee in-person voting?
Where does early voting/absentee in-person voting take place?
Early voting occurs in multiple locations. Each county has a "main early voting polling place," the location of which depends on the type of election. In general elections for state and county officers and other countywide elections, primary elections, and special elections ordered by the governor, the main early voting polling place is located in the office building of the county clerk's office or in another building close to the county clerk's office. In city elections, the main early voting polling place is located in the building of the city secretary's office or in another building close to the city secretary's office. In less-than-countywide elections not held at county expense, such as school board elections, the authority who appoints the early voting clerk for that election determines the location of the main early voting polling place, which might be in the county clerk's or city secretary's office building or at another location chosen by the authority.
Additionally, in countywide elections, early voting occurs in various "branch early voting polling places," which may be permanent branches or temporary branches. Permanent branches are located at each satellite office that conducts clerical work for the county clerk. For temporary branches, their locations are established by the commissioners court (for elections where the county clerk is the early voting clerk) or the governing body of the political subdivision (for elections where the county clerk is not the early voting clerk). Temporary locations can be established in any building. In primary elections, general elections for state and county offices, and special elections to fill state legislative or federal congressional offices, the following rules apply:
In a countywide election, the total number of permanent branch polling places and temporary branch polling places open for voting at the same time in one precinct may not exceed twice the number of permanent branch and temporary branch polling places open at that time in another precinct. In an election in which the commissioners court is required to establish at least one temporary branch, the commissioners court may decide not to establish permanent branches.
Source (confirmed on: 2016-02-10)When does early voting/absentee in-person voting take place?
For most elections, early voting starts 17 days before the election and ends 4 days before the election. If the 17th day before an election is a Saturday, Sunday, or legal holiday, early voting starts on the next business day. However, for a special runoff election for the office of state senator or state representative, and for primary runoff elections, the early voting period begins 10 days before the election and ends 4 days before the election. For an election held on the uniform election date in May and any resulting runoff election, the early voting period begins 12 days before the election and ends four days before the election.
During the early voting period, the hours that an early voting location is open varies depending on the type of location and the election. The main early voting polling place, and permanent branches, are open at the following times during the week:
On weekends, the main early voting polling place and permanent branches may be open during any hours that the county clerk, city secretary, or election authority wishes, if any. However, if they receive at least 15 written requests from registered voters in the county to conduct early voting during a Saturday or Sunday, then they must open the main early voting polling place and permanent branches on at least one Saturday or Sunday during the early voting period. Additionally, in a primary election or a general election for state and county officers in a county with a population of 100,000 or more, the early voting clerk must open the main early voting polling place and permanent branches for at least 12 hours on the last Saturday and for at least 5 hours on the last Sunday of the early voting period. The early voting clerk must also do this in counties with a population under 100,000 after receiveing at least 15 written requests from registered voters in the county.
Temporary branches must be open during the following times:
Are lists of early voters/absentee in-person voters published? How?
Can anyone vote absentee by mail without an excuse? If not, what excuses allow a voter to vote absentee by mail?
No. Voters may vote an absentee ballot by mail only for one of the following reasons:
Deadline to apply for absentee ballot by mail
The application must be received by the early voting clerk by the close of business or 12:00pm (whichever is later) on the 11th day before the election, or on the next business day if the 11th day is a Saturday, Sunday, or legal holiday. However, if the voter personally delivers the application to the early voting clerk's office, then the voter must do so before the first day of the early voting period.
Source (confirmed on: 2016-02-10)How does a voter apply for an absentee mail ballot?
Voters must mail, fax, e-mail, or personally deliver a completed "Application for Ballot by Mail" (or a written request with all the same information as on the application) to the county election official. The application can be downloaded here.
Source (confirmed on: 2016-02-10)Can a voter make an online request for an absentee mail ballot?
A voter can e-mail a scanned copy of their "Application for Ballot by Mail" (or equivalent written request) to the early voting clerk.
Source (confirmed on: 2016-02-10)Does a voter need to submit any supporting documentation or verification with an absentee mail ballot or absentee mail ballot application? If so, what is required?
No.
Source (confirmed on: 2016-02-10)Are there restrictions on who may request or turn in an absentee mail ballot application for a voter?
No, so long as the person who submits the application for the voter writes on the application their name, signature, and address.
Source (confirmed on: 2016-02-10)Deadline to return absentee ballots
The ballot must be received by the time the polls close on Election Day.
Source (confirmed on: 2016-02-10)Tex. Elec. Code § 86.007 [link]
Are there restrictions on who may return a voter's absentee mail ballot for them?
A person may place the voter's ballot in the mail for them so long as the person writes their name, signature, and address on the reverse side of the ballot's carrier envelope. However, if the voter wishes to return the ballot in person, the voter must do so personally; the voter cannot designate another person to personally deliver the ballot on their behalf.
Source (confirmed on: 2016-02-10)What are absentee ballots sent by mail usually called?
Are there any special emergency rules that allow a voter to vote absentee by mail if they are unable to make it to the polls at the last minute?
Yes. A person who becomes sick or develops a physical condition after the absentee ballot application is due can vote a "late ballot," which can be cast by mail. To apply for a late ballot, the voter should submit a regular Application for a Ballot by Mail along with a signed and dated statement from a doctor, chiropractor, or Christian Science practicioner that (1) certifies that the voter has a sickness or physical condition that prevents the voter from appearing at the polls to vote on Election Day without a likelihood of requiring assistance or injuring the voter's health, and (2) describes the date that the voter developed the sickness or physical condition. The application and statement must be submitted to the main early voting polling place (or the location where early voting ballots are processed, if different). The application and statement must be submitted in person by a represenative of the voter. This representative must be at least 18 years old and cannot be related or employed by a candidate on the ballot or serve as a representative for any other voter in that election.
After submitting the application and statement, the early voting clerk will write on the application the representative's name and address and have the representative sign the application. The clerk will then give the representative balloting materials, and the representative must deliver these materials to the voter, allow the voter to mark and seal their ballot, and then personally return the ballot to the clerk before the polls close on Election Day.
Similarly, if a voter has a death in the family on or after the last day of the early voting period, the voter may cast a late ballot. A qualifying family member must be related to the voter within the second degree. To apply for a late ballot for this reason, the voter must submit a regular Application for a Ballot by Mail and include with it a statement indicating the date of the family member's death and how the voter and the family member are related. The application and statement must be submitted to main early voting polling place (or the location where early voting ballots are processed, if different) any time after the early voting period ends but before the close of business on the day before Election Day. The voter will then be given their late ballot and will mark it in person at the clerk's office.
Source (confirmed on: 2016-02-10)Tex. Elec. Code § 102.001 [link]
Tex. Elec. Code § 102.002 [link]
Tex. Elec. Code § 102.003 [link]
Tex. Elec. Code § 102.004 [link]
Tex. Elec. Code § 102.005 [link]
Tex. Elec. Code § 102.006 [link]
Tex. Elec. Code § 103.001 [link]
Tex. Elec. Code § 103.002 [link]
Tex. Elec. Code § 103.003 [link]
Tex. Elec. Code § 103.004 [link]
Tex. Elec. Code § 86.007 [link]
Are lists of people who vote absentee by mail published? How?
Yes, county election officials keep lists of voters who have cast an early ballot, including those voters who cast one by mail. These lists are open to public inspection.
Source (confirmed on: 2016-02-10)Tex. Elec. Code § 87.121 [link]
Presidential-only ballots
Under federal law, any registered voter who moves out of the state after the 30th day before a Presidential election may vote for President and Vice President either in person at the voter’s previous state of residence or using an absentee ballot from the voter’s previous state of residence.
Source (confirmed on: 2016-02-10)52 U.S.C. § 10502(e) [link]
Who is eligible for military/overseas absentee voting?
The following voters are eligible for military/overseas voting:
Tex. Elec. Code § 101.001 [link]
How do voters apply for a military/overseas ballot?
Military and overseas voters may submit a Federal Post Card Application (FPCA) to the early voting clerk by mail, fax, or as a scanned attachment to an email.
Source (confirmed on: 2016-02-11)Deadline to apply for a military/overseas ballot
For military or overseas voters who are already registered to vote at the address they write on the application, the application must be postmarked by the early voting clerk by the close of business or 12:00pm (whichever is later) on the 11th day before the election, or on the next business day if the 11th day is a Saturday, Sunday, or legal holiday. However, if a military or overseas voter is not already registered to vote at the address they write on their application, then their application must be received at least 20 days before Election Day for the voter to receive a full ballot. Otherwise, they will only be able to vote for federal offices. If the 20th day before Election Day is a Saturday, Sunday, or legal holiday, then the postmark deadline is pushed to the next business day.
Source (confirmed on: 2016-02-11)Deadline to return the military/overseas ballot
If the ballot is sent from an address outside of the United States, then the ballot envelope must be postmarked before the polls close on Election Day and received by the early voting clerk no later than the 5th day after Election Day. If the 5th day after Election Day is a Saturday, Sunday, or legal holiday, then this deadline is pushed to the next regular business day.
If the ballot is sent from an address inside the United States, then the ballot must be received before the polls close on Election Day.
Source (confirmed on: 2016-02-11)Tex. Elec. Code § 86.007 [link]
Who is eligible to use a write-in absentee ballot? How does it work?
Any member of the military, their spouse, and their dependents who cannot vote in person during both the early voting period and on Election Day because of military duty may use a write-in absentee ballot. To obtain one, the voter must indicate on their Federal Postcard Application that they would like a State Write-in Absentee Ballot.
Source (confirmed on: 2016-02-11)Tex. Elec. Code § 105.002 [link]
Where do you vote in person?
Typically, people vote in the polling place located in their precinct. Some counties may also participate in a program to allow people to vote in central voting locations in addition to their precinct's polling place.
Source (confirmed on: 2016-02-12)What hours are the polls open on Election Day?
Are there rules about what materials a voter can and cannot bring into the voting booth?
Voters cannot post, use, or distribute political signs or literature in a polling place or within 100 feet of its entrances.
Source (confirmed on: 2016-02-12)Tex. Elec. Code § 61.003 [link]
Can a voter bring children into the voting booth with them?
Are employers required to give employees time off to vote?
Are there restrictions on campaigning/electioneering during early voting/absentee in-person voting?
Voters cannot post, use, or distribute political signs or literature in an early voting polling place or within 100 feet of its entrances.
Source (confirmed on: 2016-02-12)Tex. Elec. Code § 61.003 [link]
Are there restrictions on campaigning/electioneering on Election Day?
Voters cannot post, use, or distribute political signs or literature in an early voting polling place or within 100 feet of its entrances.
Source (confirmed on: 2016-02-12)Tex. Elec. Code § 61.003 [link]
Can a voter wear a button or t-shirt with a candidate's name or logo on it into the polling place when they vote?
No. A person may not wear a badge, insignia, emblem, or other similar communicative device relating to a candidate, measure, or political party appearing on the ballot, or to the conduct of the election, in the polling place or within 100 feet of any entrance to it.
Source (confirmed on: 2016-02-12)Tex. Elec. Code § 61.010 [link]
*NEW 1** Can a voter use a digital or recording device (such as a cell phone or camera) inside the polling place or voting booth?
Use of digital devices is not permitted in the polling place.
Source (confirmed on: 10/26/2016)Tex. Elec. Code § 61.014 [link]
*NEW 2** Can a voter use a digital or recording device (such as a cell phone or camera) outside the polling place but within the zone around the polling place where campaigning/electioneering is banned?
Can persons other than election workers observe inside the polls?
What are observers inside the polls called in the state?
Does the state establish requirements to observe inside the polls?
To serve as a watcher, a person must be appointed and meet the eligibility requirements. The following "appointing authorities" can appoint watchers:
Each watcher will receive a written "certificate of appointment" from their appointing authority. An appointing authority may appoint up to 2 watchers in each precinct polling place, meeting place for an early voting ballot board, or central counting station involved in the election; and they may also appoint up to 7 watchers for each main or branch polling place involved the election, so long as no more than 2 watchers appointed by the same appointing authority are present at the same time. Additionally, the total number of watchers accepted for service on each side of a ballot measure may not exceed 2 in precinct polling places and 7 in early voting polling places. If the number of appointments exceeds these numbers, election officials will accept the watchers in the order in which they present their certificates of appointment.
Additionally, to be appointed as a watcher, a person must be registered to vote in a certain area:
In addition, a watcher cannot be a candidate, an elected official, a person who has been convicted of an election offense, or an election officer's employee, employer, or relative of the first or second degree.
Source (confirmed on: 2016-02-12)Tex. Elec. Code § 33.002 (candidate and campaign appointments) [link]
Tex. Elec. Code § 33.003 (political party appointments) [link]
Tex. Elec. Code § 33.004 (groups for undeclared write-in candidates) [link]
Tex. Elec. Code § 33.005 (ballot measure appointments) [link]
Tex. Elec. Code § 33.006 (certificate of appointment) [link]
Tex. Elec. Code § 33.007 (numbers of watchers) [link]
Tex. Elec. Code § 33.031 (general eligibility requirements) [link]
Tex. Elec. Code § 33.032 (candidate ineligibility) [link]
Tex. Elec. Code § 33.033 (election officer relation ineligibility) [link]
Tex. Elec. Code § 33.034 (elected official ineligibility) [link]
Tex. Elec. Code § 33.035 (election offense ineligibility) [link]
*NEW 3* Can a poll observer use a digital or recording device (such as a cell phone or camera) in the polling place?
No; a poll observer disable or deactivate any device capable of recording images or sound.
Source (confirmed on: 10/15/2016)Are there other rules on what poll observers can or cannot do?
When first arriving at a precinct polling place or early voting polling place, the watcher must give their certificate of appointment to election officers and sign it.
A watcher can observe any activity occuring in the polling place and inspect any records in the polling place, including returns. A watcher can also take written notes.
A watcher cannot use, and must deactivate, any device that can record images or sounds. A watcher also cannot talk to voters, and a watcher cannot talk to election officers about the election other than to point out a possible error or violation of the law.
If an election officer assists a voter mark or cast their ballot, a watcher can inspect the ballot before it is put in the ballot box to ensure that the ballot is marked the way the voter wants it marked. A watcher cannot inspect the ballot of a voter who is assisted by someone other than an election officer.
Source (confirmed on: 2016-02-12)When should a voter be offered a provisional ballot?
Under Section 203 of the federal Help America Vote Act of 2002, if a person claims to be a registered voter in the jurisdiction in which the person desires to vote and the person claims to be eligible to vote in a federal election, but the person’s name does not appear on the official list of eligible voters for the polling place or an election official asserts that the person is not eligible to vote, then that person must be permitted to cast a provisional ballot at that polling place. The person may cast the provisional ballot after executing, before an election official at the polling place, a written affirmation stating that the person is (1) a registered voter in the jurisdiction, and (2) eligible to vote in that election.
Additionally, any person who votes in a federal election as a result of a federal or state court order, or any other order extending the time established for closing the polls by a state law in effect 10 days before the date of that election, may only vote in that election by casting a provisional ballot. Any such ballot cast must be separated and held apart from other provisional ballots cast for different reasons.
Under Texas law, a voter should be offered a provisional ballot if:
If a voter casts a provisional ballot at the wrong precinct, will the ballot be counted?
Under Texas law, a voter who casts a provisional ballot must sign an affidavit saying that they live in the precinct where they are seeking to vote.
Source (confirmed on: 2016-02-12)Tex. Elec. Code § 63.011(a)(1) [link]
Following up on a provisional ballot
If a voter does not show ID when they vote, the voter must go to the voter registrar’s office within 6 days after the election and either show an acceptable form of ID or sign an affidavit saying that the person has a religious objection to being photographed or was prevented from getting an ID due to a natural disaster.
Source (confirmed on: 2016-02-12)Finding out if a provisional ballot was counted
What is the law or procedure on emergency ballots if a polling place runs out of printed ballots? Are handwritten/photocopied ballots allowed?
No law specifically authorizes the use of photocopied or handwritten ballots.
What is the law or procedure on emergency ballots if a voting machine breaks or malfunctions?
Who must show ID to vote?
All voters must show ID to vote, except those who sign an affidavit saying they have a religious objection to being photographed, those who sign an affidavit saying that a natural disaster within the past 45 days prevented them from obtaining an ID, or those who have been granted an exemption due to a disability and shows poll workers a voter registration certificate that indicates this exemption. If a voter signs an affidavit for a religious objection or natural disaster exemption, the voter must vote a provisional ballot. If the voter has a disability exemption, the voter can vote a regular ballot unless the voter does not show a voter registration certificate that indicates the exemption, in which case the voter must cast a provisional ballot.
Source (confirmed on: 2016-08-25)Are there any special requirements for first-time voters?
No.
Source (confirmed on: 2016-08-25)What ID is acceptable?
A voter must show either one form of photo ID or show one form of non-photo ID and sign a ""reasonable impediment"" statement.
Acceptable forms of photo ID include:
Acceptable forms of non-photo ID include:
Is a student ID an acceptable form of identification?
A student ID is acceptable only if it was issued by a public (not private) school or university and shows the voter's name and address.
Source (confirmed on: 2016-08-25)Does the address on the ID have to match the address at which the voter is registered?
No.
Source (confirmed on: 2016-08-25)If a voter has no ID, are there alternatives such as an oath or witness?
The voter may cast a provisional ballot. The voter must then appear at voter registrar’s office within 6 days after the election and either show an acceptable form of ID or sign an affidavit saying that the person has a religious objection to being photographed or was prevented from getting an ID due to a natural disaster that occured no more than 45 days before Election Day.
Source (confirmed on: 2016-08-25)Who/what is the state election authority?
Current official
Phone
1-800-252-VOTE (8683) or 512-463-5650
Source (confirmed on: 2016-02-15)Secretary of State's website [link]
Address
What local election official(s) are in charge of major state-level elections (such as the even-year November general elections)?
Different counties have different officials responsible for overseeing elections. Generally, the county tax assessor-collector is the voter registrar and thus administers voter registration, and the county clerk is the early voting clerk and thus administers early voting and also oversees most other aspects of the election. However, if the county's commissioners court, tax assessor-collector, and county clerk agree, the county clerk may instead serve as the voter registrar, or alternatively, the county clerk's powers can be transferred to the tax assessor-collector.
In other counties, an elections administrator serves as the voter registrar and is responsible for most of the county clerk's duties.
Source (confirmed on: 2016-02-15)Tex. Elec. Code § 12.001 (tax assessor-collector as voter registrar) [link]
Tex. Elec. Code § 12.031 (county clerk as voter registrar) [link]
Tex. Elec. Code § 31.043 (elections administrator) [link]
Tex. Elec. Code § 31.071 (transfer of county clerk duties to tax assessor-collector) [link]
Tex. Elec. Code § 83.002 (county clerk as early voting clerk) [link]
What is the county-level election official?
Different counties have different officials responsible for overseeing elections. Generally, the county tax assessor-collector is the voter registrar and thus administers voter registration, and the county clerk is the early voting clerk and thus administers early voting and also oversees most other aspects of the election. However, if the county's commissioners court, tax assessor-collector, and county clerk agree, the county clerk may instead serve as the voter registrar, or alternatively, the county clerk's powers can be transferred to the tax assessor-collector.
In other counties, an elections administrator serves as the voter registrar and is responsible for most of the county clerk's duties.
Source (confirmed on: 2016-02-15)Tex. Elec. Code § 12.001 (tax assessor-collector as voter registrar) [link]
Tex. Elec. Code § 12.031 (county clerk as voter registrar) [link]
Tex. Elec. Code § 31.043 (elections administrator) [link]
Tex. Elec. Code § 31.071 (transfer of county clerk duties to tax assessor-collector) [link]
Tex. Elec. Code § 83.002 (county clerk as early voting clerk) [link]
What is the municipal-level election official?
City Secretary
Source (confirmed on: 2016-02-15)Contact information for local election authorities
Texas' Directory of Elections Officials and Officeholders
Source (confirmed on: 2016-02-15)Texas' Directory of Elections Officials and Officeholders [link]
National Voter Registration Act (NVRA) Disclosure Law
Section 8 of the federal NVRA requires that each State maintain for at least 2 years and make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, except to the extent that such records contain information about a person declining to register to vote or information about the identity of a voter registration agency through which a particular voter might have chosen to register.
Source (confirmed on: 2016-02-15)52 U.S.C. § 20507 [link]
Under state procedure, who may acquire a voter file?
Any member of the public. To acquire a voter file, a person should submit a completed Voter Registration Public Information Request Form.
Source (confirmed on: 2016-02-15)Who is the state-level contact for acquiring a voter file?
How much does the state charge for the file?
Texas law requires that the Secretary of State not charge more than the actual cost of providing the voter file. However, for the entire file, the cost is $328.13 plus $0.0000625 for each voter listed in the file and, if delivery is requested on a CD or DVD, an additional $11 to cover the cost of the CD or DVD.
Source (confirmed on: 2016-02-15)What format is the file available in?
Does the state have restrictions on commercial use of the voter file?
Yes, the voter cannot use information from the vote file to advertise or promote commercial products.
Source (confirmed on: 2016-02-15)Does the state have restrictions on non-commercial use of the voter file?
The information contained in this document is not intended to be comprehensive of all rules and regulations and is for general guidance only. It should not be used as a substitute for consultation with professional legal or other competent advisers. Project Vote is not responsible for any errors or omissions, or for the results obtained from the use of this information.