ELECTION CODE
CHAPTER 20. VOTER REGISTRATION AGENCIES
SUBCHAPTER A. GENERAL PROVISIONS
§ 20.001. DESIGNATION OF VOTER REGISTRATION
AGENCIES. (a) The following state agencies are designated as
voter registration agencies:
(1) any agency or program that provides public
assistance, including:
(A) Texas Department of Human Services (AFDC
program, Medicaid program, food stamp program, programs for the
aged);
(B) Texas Department of Health (special
supplemental food program for women, infants, and children); and
(C) any other agency or program as determined by
the secretary of state;
(2) Texas Department of Mental Health and Mental
Retardation;
(3) Texas Commission for the Deaf and Hearing
Impaired;
(4) Texas School for the Deaf;
(5) Texas Commission for the Blind;
(6) Texas School for the Blind and Visually Impaired;
(7) Texas Rehabilitation Commission; and
(8) any other agency that provides a state-funded
program primarily engaged in providing services to persons with
disabilities, as determined by the secretary of state.
(b) The Department of Public Safety is designated as a voter
registration agency.
(c) Each public library, including any branch or other
service outlet, is designated as a voter registration agency. In
this chapter, "public library" means a library that:
(1) is regularly open for business for more than 30
hours a week;
(2) is operated by a single public agency or board;
(3) is open without charge to all persons under
identical conditions; and
(4) receives its financial support wholly or partly
from public funds.
(d) Each marriage license office of the county clerk is
designated as a voter registration agency.
(e) The secretary of state shall designate other agencies or
offices as voter registration agencies as necessary for compliance
with federal law.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.002. AGENCY-PRESCRIBED REGISTRATION APPLICATION
FORM. Instead of using the official voter registration
application form prescribed by the secretary of state, a voter
registration agency may use an official form prescribed by the
agency, if approved by the secretary of state.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.003. OFFICIAL DECLINATION OF REGISTRATION
FORM. The officially prescribed form for a declination of a voter
registration must include:
(1) spaces for the person's signature and printed name
and the date of signing;
(2) the following question, followed by appropriate
boxes preceding "YES" and "NO": "If you are not registered to vote
where you live now, would you like to apply to register to vote here
today?";
(3) if the agency provides public assistance, the
statement: "Applying to register or declining to register to vote
will not affect the amount of assistance that you will be provided
by this agency.";
(4) the statement: "IF YOU HAVE NOT CHECKED EITHER
BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE
AT THIS TIME.";
(5) the statement: "If you would like help filling out
the voter registration application form, we will help you. The
decision whether to seek or accept help is yours. You may fill out
the application form in private.";
(6) the statement: "If you believe that someone has
interfered with your right to register or to decline to register to
vote or with your right to privacy in deciding whether to register
or in applying to register to vote, you may file a complaint with
the Elections Division of the Office of the Secretary of State, P.O.
Box 12060, Austin, Texas 78711.";
(7) a statement that if the applicant declines to
register to vote, that fact will remain confidential and will be
used only for voter registration purposes;
(8) a statement that if the applicant does register to
vote, information regarding the agency or office to which the
application is submitted will remain confidential and will be used
only for voter registration purposes; and
(9) a space for indicating that the applicant refused
to sign the declination or kept the application to personally
submit it to the voter registrar.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.004. AGENCY COORDINATOR. (a) A voter
registration agency shall designate one or more persons to
coordinate the agency's voter registration program. The agency
shall notify the secretary of state of the name of each coordinator.
(b) The registration coordinator shall conduct training for
agency employees in voter registration procedures with the
assistance of the secretary of state.
(c) The agency shall submit to the secretary of state a plan
to implement voter registration procedures under this chapter.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.005. DEGREE OF ASSISTANCE. A voter registration
agency shall provide the same degree of assistance, including any
necessary bilingual assistance, to a person in completing a voter
registration form as is provided to a person in completing the
agency's forms, unless the assistance is refused.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.006. DETERMINATION OF ELIGIBILITY. (a) An
employee of a voter registration agency may not make a
determination about a person's eligibility for registration other
than a determination of whether the person is of voting age or is a
United States citizen.
(b) A person's age or citizenship may be determined by the
employee only if the age or citizenship can be readily determined
from information filed with the agency by the person for purposes
other than voter registration.
(c) A person shall be offered voter registration assistance
as provided by this chapter even if the person's age or citizenship
cannot be determined.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.007. PROHIBITED ACTS. An employee of a voter
registration agency may not:
(1) seek to influence an applicant's political party
preference;
(2) display any political party preference or
allegiance; or
(3) make any statement or take any action the purpose
or effect of which is to:
(A) discourage the applicant from registering to
vote; or
(B) lead the applicant to believe that a decision
of whether to register has any bearing on the availability of
services or benefits.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.008. ASSISTANCE BY SECRETARY OF STATE OR
REGISTRAR. If a question arises concerning voter registration
that an agency employee cannot answer, the employee shall provide
the person:
(1) the toll-free telephone number of the Elections
Division of the Office of the Secretary of State; and
(2) the telephone number of the voter registrar to
whom registration applications are submitted.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.009. ADDITIONAL PROCEDURES. The secretary of
state shall prescribe any additional procedures necessary for the
orderly and proper administration of voter registration procedures
under this chapter.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
SUBCHAPTER B. REGISTRATION ASSISTANCE GENERALLY
§ 20.031. FORM PROVIDED. A voter registration agency
shall provide a voter registration application form to each person
who is of voting age and a United States citizen in connection with
the person's application for initial services, and also in
connection with any recertification, renewal, or change of address,
unless the person declines in writing to register to vote.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.032. REGISTRATION PROCEDURES. (a) An appropriate
agency employee shall routinely inform each person who applies in
person for agency services of the opportunity to complete a voter
registration application form and on request shall provide
nonpartisan voter registration assistance to the applicant.
(b) An agency that provides services at a person's residence
shall provide the opportunity to complete the form and the
assistance under Subsection (a) at the residence.
(c) On receipt of a registration application, the
appropriate agency employee shall review it for completeness in the
applicant's presence. If the application does not contain all the
required information and the required signature, the agency
employee shall return the application to the applicant for
completion and resubmission.
(d) Information regarding the agency or office to which an
application is submitted is confidential and may be used only for
voter registration purposes.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.033. EFFECT OF SUBMISSION OF APPLICATION TO
EMPLOYEE. The date of submission of a completed registration
application to the agency employee is considered to be the date of
submission to the voter registrar for the purpose of determining
the effective date of registration only.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.034. SUBMISSION TO REGISTRAR BY
APPLICANT. (a) The applicant may keep the registration
application form or the completed application to submit the
application personally to the voter registrar.
(b) The agency employee shall enter on the declination of
registration form a notation that after being given the opportunity
to register, the applicant kept the application or application form
for personal submission of the application to the registrar.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.035. DELIVERY OF APPLICATIONS TO
REGISTRAR. (a) The agency shall deliver to the voter registrar of
the county in which the agency office is located each completed
registration application submitted to an agency employee.
(b) An application shall be delivered to the registrar not
later than the fifth day after the date the application is submitted
to the employee.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.036. DECLINATION OF REGISTRATION. (a) If the
applicant does not wish to complete a voter registration
application form, the agency employee shall request that the
applicant complete and sign an official declination of registration
form unless the employee determines that the applicant has
previously completed and signed the form.
(b) If the applicant refuses to sign the declination form,
the agency employee shall enter on the form a notation of that fact.
(c) The agency shall preserve each declination for at least
22 months after the date of signing. The declination may be
retained in the applicant's file at the agency or in a separate
declination file.
(d) A declination is confidential and may be used only for
voter registration purposes.
(e) The secretary of state shall prescribe the procedures
necessary to eliminate the filing of multiple declinations by an
applicant.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.037. TELEPHONE OR MAIL SERVICES. (a) A voter
registration agency that allows a person to apply for services by
mail shall deliver to an applicant by mail a voter registration
application form on the approval of services for the applicant.
(b) An agency shall deliver to an applicant by mail a voter
registration application form if:
(1) the agency automatically notifies an applicant to
renew or recertify a service by mailing a form to the applicant; or
(2) the applicant requests services by telephone and
the agency provides services in that manner.
(c) An application form delivered by mail must be
accompanied by a notice informing the applicant that the
application may be submitted in person or by mail to the voter
registrar of the county in which the applicant resides or in person
to a volunteer deputy registrar for delivery to the voter registrar
of the county in which the applicant resides.
(d) The agency may maintain a written record indicating that
a registration application was delivered to an applicant.
(e) The agency is not required to deliver a declination of
registration form under this section.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
SUBCHAPTER C. DEPARTMENT OF PUBLIC SAFETY
§ 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
provisions of this chapter apply to the Department of Public Safety
except provisions that conflict with this subchapter.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.062. DEPARTMENT FORMS AND PROCEDURE. (a) The
Department of Public Safety shall prescribe and use a form and
procedure that combines the department's application form for a
license or card with an officially prescribed voter registration
application form.
(b) The department shall prescribe and use a change of
address form and procedure that combines department and voter
registration functions. The form must allow a licensee or
cardholder to indicate whether the change of address is also to be
used for voter registration purposes.
(c) The design, content, and physical characteristics of
the department forms must be approved by the secretary of state.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.063. REGISTRATION PROCEDURES. (a) The Department
of Public Safety shall provide to each person who applies in person
at the department's offices for an original or renewal of a driver's
license, a personal identification card, or a duplicate or
corrected license or card an opportunity to complete a voter
registration application form.
(b) When the department processes a license or card for
renewal by mail, the department shall deliver to the applicant by
mail a voter registration application form.
(c) A change of address that relates to a license or card and
that is submitted to the department in person or by mail serves as a
change of address for voter registration unless the licensee or
cardholder indicates that the change is not for voter registration
purposes. The date of submission of a change of address to a
department employee is considered to be the date of submission to
the voter registrar for the purpose of determining the effective
date of registration only.
(d) If a completed voter registration application submitted
to a department employee does not include the applicant's correct
driver's license number or personal identification card number, a
department employee shall enter the appropriate information on the
application. If a completed application does not include the
applicant's correct residence address or mailing address, a
department employee shall obtain the appropriate information from
the applicant and enter the information on the application.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 454, § 9, eff. Sept. 1,
1997.
§ 20.064. DECLINATION FORM NOT REQUIRED. The
Department of Public Safety is not required to comply with the
procedures prescribed by this chapter relating to the form for a
declination of voter registration.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.065. DELIVERY OF APPLICATIONS AND CHANGES OF
ADDRESS. (a) At the end of each day a Department of Public Safety
office is regularly open for business, the manager of the office
shall deliver by mail or in person to the voter registrar of the
county in which the office is located each completed voter
registration application and applicable change of address
submitted to a department employee.
(b) Once each week, on a day specified by the secretary of
state, the department shall electronically transfer to the
secretary of state the name of each person who completes a voter
registration application submitted to the department. The
secretary shall prescribe procedures necessary to implement this
subsection.
(c) Not later than the seventh day after the date the
secretary of state receives information under Subsection (b), the
secretary shall inform the appropriate voter registrar of the name
of each person who completes a voter registration application
submitted to the department. The registrar may verify that the
registrar has received each application as indicated by the
information provided by the secretary under this subsection.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1178, § 5, eff. Jan. 1,
2002.
§ 20.066. REGISTRATION PROCEDURES FOR CERTAIN POPULOUS
COUNTIES. (a) This section applies unilaterally to a person who
resides in a county with a population of 2.1 million or more and, if
written request is made to the Department of Public Safety by the
commissioners court, applies to a person who resides in a county
with a population greater than 400,000 but less than 2.1 million.
(b) If a person completes a voter registration application
as provided by Section 20.063, the Department of Public Safety
shall:
(1) input the information provided on the application
into the department's electronic data system; and
(2) inform the applicant that the applicant's
electronic signature provided to the department will be used for
submitting the applicant's voter registration application.
(c) Not later than the fifth day after the date a person
completes a voter registration application and provides an
electronic signature to the department, the department shall
electronically transfer the applicant's voter registration data,
including the applicant's signature, to the voter registrar of the
county in which the applicant resides.
(d) The voter registrar shall maintain a database approved
by the secretary of state for receiving electronically transmitted
registration applications under this section.
(e) The secretary of state shall prescribe additional
procedures as necessary to implement this section.
Added by Acts 2001, 77th Leg., ch. 1136, § 1, eff. Sept. 1, 2001.
SUBCHAPTER D. PUBLIC LIBRARY
§ 20.091. APPLICABILITY OF OTHER PROVISIONS. The other
provisions of this chapter apply to a public library except
provisions that conflict with this subchapter.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.092. REGISTRATION PROCEDURE. (a) A public
library shall provide to each person of voting age who applies in
person for an original or renewal of a library card an opportunity
to complete a voter registration application form.
(b) A public library shall use the official form prescribed
by the secretary of state.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.093. DECLINATION FORM NOT REQUIRED. A public
library is not required to comply with the procedures prescribed by
this chapter relating to the form for a declination of voter
registration.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
SUBCHAPTER E. MARRIAGE LICENSE OFFICE
§ 20.121. APPLICABILITY OF OTHER PROVISIONS. The other
provisions of this chapter do not apply to a marriage license office
of the county clerk unless expressly provided otherwise by the
other provision or by rule of the secretary of state.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.122. REGISTRATION PROCEDURES. (a) When an
original marriage license is returned to the licensees after being
recorded, the county clerk shall also deliver to the licensees by
mail two voter registration application forms.
(b) The county clerk shall use the official form prescribed
by the secretary of state.
(c) The application forms must be accompanied by a notice
informing the licensees that the applications may be submitted in
person or by mail to the voter registrar of the county in which they
reside or in person to a volunteer deputy registrar for delivery to
the voter registrar of the county in which they reside.
(d) The county clerk may maintain a written record
indicating that a registration application was delivered to a
licensee.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
§ 20.123. DECLINATION FORM NOT REQUIRED. The county
clerk is not required to comply with the procedures prescribed by
this chapter relating to the form for a declination of voter
registration.
Added by Acts 1995, 74th Leg., ch. 797, § 33, eff. Sept. 1, 1995.
