Law:Title 2. Voter Qualifications And Registration from Chapter 15. General Administration Of Registration (Texas)

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Contents

Chapter 15. General Administration Of Registration

Subchapter A. Form And Contents Of Registration Certificate; Replacement Of Certificate

Section  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 month, day, and 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).

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, Sec. 1, eff. June 16, 2007.



Section  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, Sec. 2, eff. June 16, 2007.



Section  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.



Section  15.004.  Replacement Certificate.

(a) A voter whose registration certificate is lost or destroyed may obtain a replacement certificate by delivering a written, signed notice of the loss or destruction to the registrar.

(b)  Not later than the 30th day after the date the registrar receives the notice, 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.

(c)  The registrar shall retain the notice 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, Sec. 2, eff. September 1, 2007.



Subchapter B. Correction Of Registration Information

Section  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.

(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.

(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.

(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.

(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, Sec. 3, eff. January 1, 2006.



Section 15.0215.  Notice Of Federal Judge Or State Judge Status. (a)

In this section, "federal judge" and "state judge" have the meanings assigned by Section 13.0021.

(b)  A federal judge, a state judge, or the spouse of a federal judge or state judge who is registered to vote may at any time submit to the registrar of the county in which the judge resides an affidavit stating that the voter is a federal judge or state judge or the spouse of a federal judge or state judge.

Added by Acts 2007, 80th Leg., R.S., Ch. 594, Sec. 3, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 465, Sec. 3, eff. September 1, 2009.



Section  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 a registration omissions list and any affidavits executed under Section 63.007, 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; or

(8)  after receipt of a registration application or change of address under Chapter 20.

(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.



Section  15.023.  Time For Certain Deletions From Suspense List.

If the name of a voter whose residence is changed on the registration records to another county election precinct in the same county appears on the suspense list, the voter's name shall be deleted from the list on the date the voter's registration in the precinct of new residence becomes effective.

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.



Section  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, Sec. 3, eff. September 1, 2007.



Section  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.



Section  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.



Section  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.



Subchapter C. Confirmation Of Residence

Section  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, 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 a list of the confirmation notices mailed to voters, which for each notice must include the voter's name and the date the notice is mailed. The registrar shall maintain and retain the list in accordance with rules prescribed by the secretary of state.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.



Section  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; and

(2)  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, Sec. 1, eff. September 1, 2009.



Section  15.053.  Response To Confirmation Notice. (a)

Not later than the 30th day after the date a confirmation notice is mailed, 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 all of the information that a person must include in an application to register to vote under Section 13.002.

(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, Sec. 2, eff. September 1, 2009.



Subchapter D. Suspense List

Section  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 who is a federal judge, a state judge, or the spouse of a federal judge or state judge, if the voter included an affidavit with the voter's registration application under Section 13.0021 or the registrar received an affidavit submitted under Section 15.0215 before the list was prepared.  In this subsection, "federal judge" and "state judge" have the meanings assigned by Section 13.0021.

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, Sec. 3, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 594, Sec. 4, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 465, Sec. 4, eff. September 1, 2009.



Section  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 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. The registrar shall make reasonable efforts to minimize the reproduction expenses.

(c)  If the list is recorded on magnetic tape, the copy shall be furnished in the form of a tape or a printout, as requested.

(d)  The registrar 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.



Section  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.



Section  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.



Section  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.



Subchapter E. Voting On Statement Of Residence

Section  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.



Section  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.



Subchapter F. Certificate Files

Section  15.141.  Active Certificate File.

(a) The registrar shall maintain a file containing the duplicate initial registration certificates of voters whose registrations are effective.

(b)  The registrar shall maintain the file in numerical order by registration number on a countywide basis.

(c)  Each certificate shall be retained on file during the time the registration is effective.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Renumbered from Election Code Sec. 15.051 by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.



Section  15.142.  Inactive Certificate File.

(a) The registrar shall maintain a file containing the duplicate initial registration certificates of voters whose registrations have been canceled.

(b)  The registrar shall maintain the file in numerical order by registration number on a countywide basis for each voting year.

(c)  Each certificate shall be retained on file for two years after the date of cancellation.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Renumbered from Election Code Sec. 15.052 by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.



Section  15.143.  Maintenance Of Files As Electronic Data-processing Information.

The registrar may maintain the active or inactive certificate file as information stored in a form suitable for use with electronic data-processing equipment. After the appropriate information is stored, the registrar may destroy or otherwise dispose of a duplicate certificate.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Renumbered from Election Code Sec. 15.053 by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.



Section  15.144.  Place For Keeping Files; Security.

(a) The registration certificate 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)  Certificates 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. Renumbered from Election Code Sec. 15.054 by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.


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