ELECTION CODE
CHAPTER 18. PROCEDURES FOR IDENTIFYING REGISTERED VOTERS
SUBCHAPTER A. REGISTRATION LISTS
§ 18.001. ORIGINAL LIST OF REGISTERED
VOTERS. (a) Before the beginning of early voting for the first
election held in a county in each voting year, the registrar shall
prepare for each county election precinct a certified list of the
registered voters in the precinct. The list must contain the name
of each voter whose registration will be effective on the date of
the first election held in the county in the voting year.
(b) On request of the authority responsible for procuring
election supplies for an election authorized by law to be held in
the county during the voting year for which the lists are prepared,
the registrar shall furnish to the authority a list for each county
election precinct wholly in the territory covered by the election.
On request of the authority for an election in which a county
election precinct is partly in the political subdivision or partly
in a territorial unit of the political subdivision from which a
member of the subdivision's governing body is elected by only the
voters residing in that unit, the registrar shall furnish for each
partly included county election precinct a list that contains only
the names of voters who reside in the political subdivision or
territorial unit, as applicable. The request for restricted lists
must be accompanied by a description or map of the applicable
boundary of the political subdivision or territorial unit that is
in sufficient detail to enable the registrar to prepare the
requested lists. The request must be delivered early enough to
afford the registrar reasonable time to prepare timely lists.
(c) Except as otherwise provided by this code, the list
shall be used throughout the voting year.
(d) An additional copy of each list shall be furnished for
use in early voting.
(e) In this code, "original list of registered voters" means
a list prepared under this section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.32; Acts 1991, 72nd Leg., ch.
554, § 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 728, §
3, eff. Sept. 1, 1993.
§ 18.002. SUPPLEMENTAL LIST OF REGISTERED
VOTERS. (a) For each election held in the county in a voting
year, on request of the authority responsible for procuring
election supplies, the registrar shall prepare and furnish to the
authority a certified list supplementing each original list
furnished to the authority. The list must contain the name of each
voter whose registration will be effective on election day but
whose name does not appear on the original list.
(b) For a runoff election, as an alternative to the list
required by Subsection (a), the registrar may furnish for each
county election precinct wholly or partly in the territory covered
by the runoff a certified list containing the name of each voter
whose registration will be effective on runoff election day but
whose name does not appear on the original list or on a list
furnished under Subsection (a) for the main election.
(c) An additional copy of each list shall be furnished for
use in early voting.
(d) In this code, "supplemental list of registered voters"
means a list prepared under this section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.33; Acts 1991, 72nd Leg., ch.
554, § 4, eff. Sept. 1, 1991.
§ 18.003. REGISTRATION CORRECTION LIST. (a) For each
election held in the county in a voting year, the registrar shall
prepare and furnish to the authority responsible for procuring
election supplies a certified list of corrections.
(b) The list must contain:
(1) the name of each person for whom the information on
a list of registered voters furnished under Section 18.001 or
18.002 has changed because of cancellation or correction; and
(2) an indication that the person's registration has
been canceled or the corrected registration information.
(c) An additional copy of each list shall be furnished for
use in early voting.
(d) In this code, "registration correction list" means a
list prepared under this section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.34; Acts 1991, 72nd Leg., ch.
554, § 5, eff. Sept. 1, 1991.
§ 18.004. REVISED ORIGINAL LIST. (a) As an
alternative to furnishing a supplemental list of registered voters
and a correction list for an election, the registrar may furnish a
certified revised original list.
(b) A revised list must contain the name of each voter whose
registration will be effective on election day.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 18.005. FORM AND CONTENTS OF LIST. (a) Each original
and supplemental list of registered voters must:
(1) contain the voter's name, residence address, date
of birth, and registration number as provided by the statewide
computerized voter registration list;
(2) be arranged alphabetically by voter name;
(3) contain the notation required by Section 15.111;
and
(4) until Section 13.122(d) expires, identify each
voter registered by mail for the first time who failed to provide a
copy of a document described by Section 63.0101 establishing the
voter's identity at the time of registration.
(b) If the voter's residence has no address, the list must
contain a concise description of the location of the voter's
residence.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 436, § 7, eff. Sept. 1, 1987; Acts
1995, 74th Leg., ch. 797, § 25, eff. Sept. 1, 1995; Acts 2003,
78th Leg., ch. 1315, § 4, eff. Jan. 1, 2004.
§ 18.006. DELIVERY OF LISTS TO ELECTION
AUTHORITIES. The registrar shall deliver the lists furnished
under this subchapter, including the lists furnished under Section
18.007, to the appropriate authority as soon as practicable after
the request but in every case in time for receipt before the
beginning of early voting by mail for the election in which the
lists are to be used. If those lists do not contain the names of all
voters who will be eligible to vote as of the beginning of early
voting by personal appearance, another set of the appropriate lists
shall be delivered before the beginning of early voting by personal
appearance. If those lists do not contain the names of all voters
whose registrations will be effective on election day, another set
of the appropriate lists shall be delivered as soon as practicable
after the registrar has processed the remaining applications.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 436, § 7, eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 501, § 1, eff. Sept. 1, 1987; Acts 1991,
72nd Leg., ch. 203, § 2.35; Acts 1991, 72nd Leg., ch. 554, §
6, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 916, § 14, eff.
Sept. 1, 1993.
§ 18.007. LISTS FURNISHED FOR PRECINCT CONVENTIONS. In
a voting year in which a political party holds precinct conventions
in the county under Title 10, the registrar, on request of the
party's county chair, shall furnish to the chair for use in
qualifying individuals for participation in the conventions one of
each of the original, supplemental, and correction lists prescribed
by this subchapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 11, eff. Sept. 1, 1997.
§ 18.008. COPIES FURNISHED ON REQUEST. (a) The
registrar shall furnish a copy of any list prepared under this
subchapter to any person requesting it. The copy shall be furnished
without the names of voters whose names appear on a list with the
notation "S", or a similar notation, if requested in that form.
(b) The list shall be furnished as soon as practicable after
the request but not later than the 15th day after the date the
registrar receives the request or completes preparation of the list
from which the copy is to be made, whichever is later.
(c) If the list is recorded on magnetic tape, the copy shall
be furnished in the form of a tape or printout, as requested.
(d) The copy must be accompanied by a written notice of the
criminal penalty prescribed by Section 18.009.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 916, § 15, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 797, § 26, eff. Sept. 1, 1995.
§ 18.009. UNLAWFUL USE OF INFORMATION ON REGISTRATION
LIST. (a) A person commits an offense if the person uses
information in connection with advertising or promoting commercial
products or services that the person knows was obtained under
Section 18.008.
(b) An offense under this section is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 12, eff. Sept. 1, 1997.
§ 18.010. FEES. (a) The registrar may not charge a fee
for furnishing lists required to be furnished under this subchapter
except as authorized by this section.
(b) The fee for each list furnished under Section 18.008 may
not exceed the actual expense incurred in reproducing the list for
the person requesting it and shall be uniform for each type of copy
furnished.
(c) The registrar shall use fees collected under this
section to defray expenses incurred in the preparation of the copy.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 18.011. FILE OF LISTS FOR COUNTYWIDE
ELECTION. (a) The registrar shall maintain a file containing one
of each of the lists prepared under this subchapter for each
countywide election.
(b) The registrar shall retain each list on file for two
years after election day except a list used in a presidential
election, which shall be retained for four years after election
day.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 18.012. SECRETARY OF STATE TO APPROVE COMPUTER
SERVICES CONTRACTS. (a) A county may not contract with a computer
service company or other private business entity for services
related to the lists required under this subchapter unless the
programs, equipment, or other materials to be covered by the
contract are approved by the secretary of state. The secretary may
rescind approval of the programs, equipment, or other materials at
any time, and on that action the contract is nullified to the extent
that it depends on the disapproved items.
(b) A computer service company or other private business
entity may not use modified programs, equipment, or other materials
under the contract unless the modifications are approved by the
secretary of state.
(c) A person commits an offense if the person violates
Subsection (b). An offense under this subsection is a Class A
misdemeanor.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 916, § 16, eff. Sept. 1, 1993.
§ 18.0121. CONTRACT TO INVESTIGATE VOTER
ELIGIBILITY. A list of potentially ineligible voters produced for
a county by a private business entity may not be made available to
the public or otherwise used by the registrar unless the registrar
has verified the accuracy of the information on the list through
available public records.
Added by Acts 2001, 77th Leg., ch. 555, § 1, eff. Sept. 1, 2001.
§ 18.013. POLITICAL SUBDIVISION LIST IN CERTAIN
COUNTIES. (a) On the written request of any resident of a
political subdivision of which more than one-half of the political
subdivision's territory is situated in a county with a population
of 25,000 or less, the registrar of a county in which the political
subdivision is wholly or partly situated shall prepare and furnish
to the person a list containing the registered voters of that county
who reside in the political subdivision or, if requested, who
reside in a territorial unit of the political subdivision from
which a member of the subdivision's governing body is elected by
only the voters residing in the territorial unit.
(b) A request under Subsection (a) must be accompanied by a
description or map, if a map is available, of the boundary of the
political subdivision or territorial unit. The boundary
information must be of sufficient detail to enable the registrar to
prepare the requested list.
(c) The list must contain the name of each voter whose
registration is effective on the date the list is furnished and must
comply with the requirements as to form and content prescribed by
Section 18.005.
(d) The list shall be furnished as soon as practicable after
the request but not later than the 30th day after the date the
registrar receives the request and boundary description or map.
(e) The registrar may charge a fee for the list not to exceed
the actual expense incurred in preparing the list. The fees shall
be used to defray expenses incurred in preparing the lists.
(f) Section 18.009 applies to the use of information
obtained under Subsection (a).
(g) Except as provided by this section, this subchapter does
not apply to a list furnished under this section.
Added by Acts 1991, 72nd Leg., ch. 517, § 1, eff. Sept. 1, 1991.
SUBCHAPTER B. REGISTRATION STATEMENTS
§ 18.041. ANNUAL REGISTRATION STATEMENT. (a) Each
voting year, the registrar shall prepare a written statement of the
number of persons whose voter registrations in the county and in
each county election precinct will be effective on January 1.
(b) The secretary of state shall prescribe the categories of
voters and computations required in the statement.
(c) The registrar shall retain a copy of the statement on
file as a registration record for two years.
(d) The registrar shall file the statement with the
secretary of state not later than January 2.
(e) The secretary of state shall retain the statement on
file for two years.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 2(b), eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 436, § 14, eff. Sept. 1, 1989; Acts 1987,
70th Leg., ch. 472, § 57, eff. Sept. 1, 1989; Acts 1993, 73rd
Leg., ch. 916, § 17, eff. Sept. 1, 1993; Acts 1995, 74th Leg.,
ch. 797, § 27, eff. Sept. 1, 1995.
§ 18.042. PREELECTION REGISTRATION STATEMENT. (a) Not
later than the 20th day before the date of the general primary
election and the date of the general election for state and county
officers, the registrar shall file with the secretary of state a
statement of the number of persons whose voter registrations in the
county and in each county election precinct will be effective on
election day.
(b) The secretary of state shall prescribe the categories of
voters and computations required in the statement.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1986, 69th Leg., 3rd C.S., ch. 14, § 6, eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 54, § 2(b), (f), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 114, § 2, eff. Sept. 1, 1989; Acts
1995, 74th Leg., ch. 797, § 28, eff. Sept. 1, 1995.
§ 18.043. STATEMENT REQUIRED UNDER FEDERAL
LAW. (a) At the times prescribed by the secretary of state, the
registrar shall deliver to the secretary a statement containing the
voter registration information determined by the secretary to be
necessary to comply with reporting requirements prescribed under
federal law.
(b) The secretary of state shall prescribe the form,
content, and procedure for each statement required under this
section.
(c) The registrar shall maintain the information required
for the statements in accordance with procedures prescribed by the
secretary of state.
Added by Acts 1995, 74th Leg., ch. 797, § 29, eff. Sept. 1, 1995.
SUBCHAPTER C. REGISTRATION SERVICE PROGRAM
§ 18.061. REGISTRATION SERVICE PROGRAM AUTHORIZED.
Text of section effective until January 1, 2006.
(a) The secretary of state may implement a registration
service program to assist registrars in maintaining accurate lists
of registered voters.
(b) A service program must include:
(1) obtaining registration information from
registrars and other available sources for a master file on
registered voters;
(2) periodically obtaining information from
registrars and other available sources for the following purposes:
(A) to aid in determining the proper status of
voters on the lists of registered voters; and
(B) to aid in ascertaining the proper
registration information for each registered voter; and
(3) furnishing information that may be useful to the
registrars in the performance of their official duties.
(c) The secretary of state may contract with counties to
provide them with electronic data services to facilitate the
implementation of the registration service program. The secretary
shall use funds collected under the contracts to defray expenses
incurred in implementing the registration service program.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
For text of section effective January 1, 2006, see § 18.061,
post.
§ 18.061. STATEWIDE COMPUTERIZED VOTER REGISTRATION
LIST.
Text of section effective January 1, 2006
(a) The secretary of state shall implement and maintain a
statewide computerized voter registration list that serves as the
single system for storing and managing the official list of
registered voters in the state.
(b) The statewide computerized voter registration list
must:
(1) contain the name and registration information of
each voter registered in the state;
(2) assign a unique identifier to each registered
voter
(3) be available to any election official in the state
through immediate electronic access.
(c) Under procedures prescribed by the secretary of state,
each voter registrar shall provide to the secretary of state on an
expedited basis the information necessary to maintain the
registration list established under Subsection (a). The procedures
shall provide for the electronic submission of the information.
(d) The secretary of state may contract with counties to
provide them with electronic data services to facilitate the
implementation of the statewide computerized voter registration
list. The secretary shall use funds collected under the contracts
to defray expenses incurred in implementing the statewide
computerized voter registration list.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2003, 78th Leg., ch. 1315, § 6, eff. Jan. 1, 2006.
For text of section effective until January 1, 2006, see §
18.061, ante.
§ 18.062. STATE MASTER FILE. (a) If a registration
service program is implemented, the secretary of state shall
maintain a master file containing registration information for each
registered voter in the state.
(b) The information must be arranged according to county of
registration.
(c) The file must include each voter's:
(1) name;
(2) county of residence;
(3) county election precinct number;
(4) residence address or, if the residence has no
address, the address at which the voter receives mail;
(5) date of birth; and
(6) registration number.
(d) The secretary of state may acquire change of address
information from the United States Postal Service for use in
maintaining the master file.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 411, § 1, eff. Sept. 1, 1991; Acts
1995, 74th Leg., ch. 797, § 30, eff. Sept. 1, 1995.
§ 18.063. INFORMATION FURNISHED BY
REGISTRAR. (a) Once each week, on a day specified by the
secretary of state, each registrar of a county that has not
contracted with the secretary of state for electronic data services
to facilitate the implementation of the registration service
program shall deliver to the secretary of state a list containing
each new registration, canceled registration, and change in
registration information that has occurred in the county since the
delivery of the previous list under this subsection or Subsection
(b), as applicable.
(b) Not more than once each calendar year, the secretary may
require the registrar of a county covered by Subsection (a) to
deliver to the secretary a complete list of the county's voter
registration information. The registrar shall deliver the list
within the period prescribed by the secretary.
(c) The information on the lists required by this section
must be current as of the date of delivery. The secretary shall use
the information to update the state master file and to identify any
voters in the master file that may be duplicated, deceased, or
ineligible because of a felony conviction. The secretary shall
notify the registrar of the appropriate county of any voter
included in the master file that may be duplicated, deceased, or
ineligible because of a felony conviction.
(d) The secretary shall:
(1) prescribe the form for the lists required by this
section; and
(2) prescribe procedures as necessary to implement
this section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 436, § 15, eff. Sept. 1, 1989; Acts
1987, 70th Leg., ch. 472, § 58, eff. Sept. 1, 1989; Acts 1993,
73rd Leg., ch. 916, § 18, eff. Sept. 1, 1993; Acts 1995, 74th
Leg., ch. 797, § 31, eff. Sept. 1, 1995; Acts 2001, 77th Leg.,
ch. 1178, § 3, eff. Jan. 1, 2002.
§ 18.064. SANCTION FOR NONCOMPLIANCE.
Text of section effective until January 1, 2006
If a registrar fails to substantially comply with Section
14.025, 16.032, 18.042, or 18.063 or with rules adopted by the
secretary of state implementing the registration service program,
the registrar is not entitled to receive state funds for financing
voter registration in the county.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 114, § 3, eff. Sept. 1, 1989; Acts
1993, 73rd Leg., ch. 916, § 19, eff. Sept. 1, 1993.
For text of section effective January 1, 2006, see § 18.064,
post.
§ 18.064. SANCTION FOR NONCOMPLIANCE.
Text of section effective January 1, 2006
If a registrar fails to substantially comply with Section
15.083, 16.032, 18.042, or 18.061 or with rules adopted by the
secretary of state implementing the statewide computerized voter
registration list, the registrar is not entitled to receive state
funds for financing voter registration in the county.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 114, § 3, eff. Sept. 1, 1989; Acts
1993, 73rd Leg., ch. 916, § 19, eff. Sept. 1, 1993; Acts 2003,
78th Leg., ch. 1315, § 7, eff. Jan. 1, 2006.
For text of section effective until January 1, 2006, see §
18.064, ante
§ 18.065. SECRETARY OF STATE TO MONITOR REGISTRAR'S
COMPLIANCE. (a) The secretary of state shall monitor each
registrar for substantial compliance with Sections 15.083, 16.032,
18.042, and 18.061 and with rules implementing the statewide
computerized voter registration list.
(b) On determining that a registrar is not in substantial
compliance, the secretary shall deliver written notice of the
noncompliance to:
(1) the registrar, including in the notice a
description of the violation and an explanation of the action
necessary for substantial compliance and of the consequences of
noncompliance; and
(2) the comptroller of public accounts, including in
the notice the identity of the noncomplying registrar.
(c) On determining that a noncomplying registrar has
corrected the violation and is in substantial compliance, the
secretary shall deliver written notice to the registrar and to the
comptroller that the registrar is in substantial compliance.
(d) The comptroller shall retain a notice received under
this section on file until July 1 following the voting year in which
it is received. The secretary shall retain a copy of each notice
the secretary delivers under this section for two years after the
date the notice is delivered.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 114, § 4, eff. Sept. 1, 1989; Acts
1993, 73rd Leg., ch. 916, § 20, eff. Sept. 1, 1993; Acts 2003,
78th Leg., ch. 1315, § 8, eff. Jan. 1, 2006.
§ 18.066. AVAILABILITY OF MASTER FILE INFORMATION. (a)
The secretary of state shall furnish information in the statewide
computerized voter registration list to any person on request not
later than the 15th day after the date the request is received.
(b) Information furnished under this section may not
include a voter's social security number.
(c) The secretary shall furnish the information in the form
and order in which it is stored or if practicable in any other form
or order requested.
(d) To receive information under this section, a person must
submit an affidavit to the secretary stating that the person will
not use the information obtained in connection with advertising or
promoting commercial products or services.
(e) The secretary may prescribe a schedule of fees for
furnishing information under this section. A fee may not exceed the
actual expense incurred in reproducing the information requested.
(f) The secretary shall use fees collected under this
section to defray expenses incurred in the furnishing of the
information.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2003, 78th Leg., ch. 1315, § 9, 10, eff. Jan. 1, 2006.
§ 18.067. UNLAWFUL USE OF MASTER FILE
INFORMATION. (a) A person commits an offense if the person uses
information in connection with advertising or promoting commercial
products or services that the person knows was obtained under
Section 18.066.
(b) An offense under this section is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 13, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1315, § 11, eff. Jan. 1, 2006.
