ELECTION CODE
CHAPTER 15. GENERAL ADMINISTRATION OF REGISTRATION
SUBCHAPTER A. FORM AND CONTENTS OF REGISTRATION CERTIFICATE;
REPLACEMENT OF CERTIFICATE
§ 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."; and
(15) the registrar's mailing address and telephone
number.
(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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 436, § 5, eff. Sept. 1, 1987; Acts
1995, 74th Leg., ch. 390, § 2, eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 797, § 10, eff. Sept. 1, 1995.
§ 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) A voter registration certificate may contain a
jurisdictional or distinguishing number for any territorial unit in
which the voter resides, including a congressional district, state
senatorial district, state representative district, commissioners
precinct, justice precinct, city election precinct, or school
district election precinct.
(d) A voter registration certificate may contain the
voter's sex.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 916, § 8, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 797, § 11, eff. Sept. 1, 1995.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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) On receipt of 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, § 1, eff. Jan. 1, 1986.
SUBCHAPTER B. CORRECTION OF REGISTRATION INFORMATION
§ 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) The secretary of state, in conjunction with the
Department of Information Resources, shall conduct a study to
determine the feasibility of allowing voters to correct information
under this section by digital transmission of the corrected
information to the registrar.
(e) If the study determines it is feasible to allow the
digital transmission of corrected information by the voter to the
registrar, the corrected information may be submitted without:
(1) submitting a written, signed notice of the
incorrect information and the corresponding correction under
Subsection (a); and
(2) complying with Subsection (b).
(f) If the study determines that it is feasible to allow the
digital transmission of corrected information by the voter to the
registrar, the secretary of state may 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 454, § 5, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 62, § 5.03, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 1178, § 1, eff. Jan. 1, 2002.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 12(b), eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 916, § 9, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 797, § 12, eff. Sept. 1, 1995.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1995, 74th Leg., ch. 797, § 13, eff. Sept. 1, 1995.
§ 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 promptly issue the voter a
registration certificate containing the appropriate corrections
and deliver it to the voter.
(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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 916, § 10, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 797, § 14, eff. Sept. 1, 1995; Acts 2003,
78th Leg., ch. 1316, § 7, eff. Sept. 1, 2003.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 9, eff. Sept. 1, 1997.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 916, § 11, eff. Sept. 1, 1993.
SUBCHAPTER C. CONFIRMATION OF RESIDENCE
§ 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, § 15, eff. Sept. 1, 1995.
§ 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; and
(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.
(b) The official confirmation notice response form must 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, § 15, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 62, § 5.04, eff. Sept. 1,
1999.
§ 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.
(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 retain the response on file with the
voter's registration application.
Added by Acts 1995, 74th Leg., ch. 797, § 15, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 62, § 5.05, eff. Sept. 1,
1999.
SUBCHAPTER D. SUSPENSE LIST
§ 15.081. SUSPENSE LIST. (a) The registrar shall
maintain a suspense list containing the name of each voter who fails
to submit a response to the registrar in accordance with Section
15.053 or whose renewal certificate is returned to the registrar in
accordance with Subchapter B, Chapter 14.
(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.
Added by Acts 1995, 74th Leg., ch. 797, § 15, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 62, § 5.06, eff. Sept. 1,
1999.
§ 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, § 15, eff. Sept. 1, 1995.
§ 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, § 15, eff. Sept. 1, 1995.
§ 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, § 15, eff. Sept. 1, 1995.
§ 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, § 15, eff. Sept. 1, 1995.
SUBCHAPTER E. VOTING ON STATEMENT OF RESIDENCE
§ 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, § 15, eff. Sept. 1, 1995.
§ 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, § 15, eff. Sept. 1, 1995.
SUBCHAPTER F. CERTIFICATE FILES
§ 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, § 1, eff. Jan. 1, 1986.
Renumbered from V.T.C.A., Election Code § 15.051 by Acts 1995,
74th Leg., ch. 797, § 15, eff. Sept. 1, 1995.
§ 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, § 1, eff. Jan. 1, 1986.
Renumbered from V.T.C.A., Election Code § 15.052 by Acts 1995,
74th Leg., ch. 797, § 15, eff. Sept. 1, 1995.
§ 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, § 1, eff. Jan. 1, 1986.
Renumbered from V.T.C.A., Election Code § 15.053 by Acts 1995,
74th Leg., ch. 797, § 15, eff. Sept. 1, 1995.
§ 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, § 1, eff. Jan. 1, 1986.
Renumbered from V.T.C.A., Election Code § 15.054 by Acts 1995,
74th Leg., ch. 797, § 15, eff. Sept. 1, 1995.