ELECTION CODE
CHAPTER 63. ACCEPTING VOTER
§ 63.001. REGULAR PROCEDURE FOR ACCEPTING
VOTER. (a) Except as otherwise provided by this code, acceptance
of voters shall be conducted as provided by this section and Section
63.0011.
(b) On offering to vote, a voter must present the voter's
voter registration certificate to an election officer at the
polling place.
(c) On presentation of a registration certificate, an
election officer shall determine whether the voter's name on the
registration certificate is on the list of registered voters for
the precinct.
(d) If the voter's name is on the precinct list of
registered voters, the voter shall be accepted for voting.
(e) On accepting a voter, an election officer shall indicate
beside the voter's name on the list of registered voters that the
voter is accepted for voting.
(f) After determining whether to accept a voter, an election
officer shall return the voter's registration certificate to the
voter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1995, 74th Leg., ch. 797, § 38, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 864, § 54, eff. Sept. 1, 1997.
§ 63.0011. STATEMENT OF RESIDENCE
REQUIRED. (a) Before a voter may be accepted for voting, an
election officer shall ask the voter if the voter's residence
address on the precinct list of registered voters is current and
whether the voter has changed residence within the county.
(b) If the voter's residence address is not current because
the voter has changed residence within the county, the voter may
vote, if otherwise eligible, in the election precinct in which the
voter is registered if the voter resides in the county in which the
voter is registered and, if applicable:
(1) resides in the political subdivision served by the
authority ordering the election if the political subdivision is
other than the county; or
(2) resides in the territory covered by the election
in a less-than-countywide election ordered by the governor or a
county authority.
(c) Before being accepted for voting, the voter must execute
and submit to an election officer a statement including:
(1) a statement that the voter satisfies the
applicable residence requirements prescribed by Subsection (b);
(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; and
(4) the date the statement is submitted to the
election officer.
(d) The voter registrar shall provide to the general
custodian of election records a sufficient number of statements of
residence for use in each election.
(e) The voter registrar shall retain each statement of
residence on file with the voter's voter registration application.
Added by Acts 1995, 74th Leg., ch. 797, § 39, eff. Sept. 1, 1995.
§ 63.002. SIGNATURE ROSTER. (a) A signature roster
shall be maintained by an election officer at the polling place.
(b) A voter who is accepted for voting must sign the roster
before the voter is permitted to vote.
(c) If the voter cannot sign the voter's name, an election
officer shall enter the voter's name with a notation of the reason
for the voter's inability to sign the roster.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 55, eff. Sept. 1, 1997.
§ 63.003. POLL LIST. (a) A poll list shall be
maintained by an election officer at the polling place.
(b) The poll list shall be maintained as an original and two
copies.
(c) An election officer shall enter each accepted voter's
name on the list after the voter signs the signature roster. The
voters' names shall be entered on the poll list in the same order in
which they appear on the signature roster.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 63.004. COMBINATION FORM. (a) The secretary of
state may prescribe forms that combine the poll list, the signature
roster, or any other form used in connection with the acceptance of
voters at polling places with each other or with the list of
registered voters. The secretary shall prescribe any special
instructions necessary for using the combination forms.
(b) The authority responsible for procuring the supplies
for an election may furnish combination forms for use at the polling
places.
(c) If a combination form is used, it shall be maintained in
the number of copies specified by this code for the separate form
incorporated into it for which the largest number of copies is
required.
(d) An authority procuring lists of registered voters for
use in an election may not require the voter registrar to furnish
the lists in combination form without the registrar's consent. A
registrar may not require an authority requesting the lists to
accept them in combination form without the authority's consent.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 63.005. REGISTRATION OMISSIONS LIST. (a) A
registration omissions list shall be maintained by an election
officer at the polling place.
(b) With respect to each voter who is accepted for voting
but whose name is not on the list of registered voters for the
precinct in which the voter is accepted, the election officer shall
record:
(1) the voter's name, residence address, and voter
registration number, if known; and
(2) a notation of the section of this code under which
the voter is accepted that provides for accepting voters who are not
on the list.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 56, eff. Sept. 1, 1997.
§ 63.006. VOTER WITH CORRECT CERTIFICATE WHO IS NOT ON
LIST. (a) A voter who, when offering to vote, presents a voter
registration certificate indicating that the voter is currently
registered in the precinct in which the voter is offering to vote,
but whose name is not on the precinct list of registered voters,
shall be accepted for voting.
(b) After the voter is accepted, an election officer shall
indicate beside the voter's name on the poll list that the voter was
accepted under this section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 57, eff. Sept. 1, 1997.
§ 63.007. VOTER WITH INCORRECT CERTIFICATE WHO IS NOT ON
LIST. (a) A voter who, when offering to vote, presents a voter
registration certificate indicating that the voter is currently
registered in a different precinct from the one in which the voter
is offering to vote, and whose name is not on the precinct list of
registered voters, shall be accepted for voting if the voter
executes an affidavit stating that the voter:
(1) is a resident of the precinct in which the voter is
offering to vote or is otherwise entitled by law to vote in that
precinct;
(2) was a resident of the precinct in which the voter
is offering to vote at the time that information on the voter's
residence address was last provided to the voter registrar;
(3) did not deliberately provide false information to
secure registration in a precinct in which the voter does not
reside; and
(4) is voting only once in the election.
(b) After the voter is accepted, an election officer shall:
(1) indicate beside the voter's name on the poll list
that the voter was accepted under this section; and
(2) enter on the registration omissions list the
precinct of the voter's registration as indicated by the voter's
registration certificate.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 58, eff. Sept. 1, 1997.
§ 63.008. VOTER WITHOUT CERTIFICATE WHO IS ON
LIST. (a) A voter who does not present a voter registration
certificate when offering to vote, but whose name is on the list of
registered voters for the precinct in which the voter is offering to
vote, shall be accepted for voting if the voter executes an
affidavit stating that the voter does not have the voter's voter
registration certificate in the voter's possession at the polling
place at the time of offering to vote and the voter presents proof
of identification in a form described by Section 63.0101.
(b) If the requirements prescribed by Subsection (a) are not
met, the voter may be accepted for provisional voting only under
Section 63.011.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 59, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1078, § 7, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1349, § 27, eff. Sept. 1, 1997; Acts 2003, 78th
Leg., ch. 1315, § 25, eff. Jan. 1, 2004.
§ 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON
LIST. (a) Except as provided by Subsection (b), a voter who does
not present a voter registration certificate when offering to vote,
and whose name is not on the list of registered voters for the
precinct in which the voter is offering to vote, shall be accepted
for provisional voting if the voter executes an affidavit in
accordance with Section 63.011.
(b) If an election officer can determine from the voter
registrar that the person is a registered voter of the county and
the person presents proof of identification, the affidavits
required by Sections 63.007 and 63. 008 are substituted for the
affidavit required by Section 63.011 in complying with that
section. After the voter is accepted under this subsection, an
election officer shall also indicate beside the voter's name on the
poll list that the voter was accepted under this section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 14, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 1078, § 8, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1349, § 28, eff. Sept. 1, 1997; Acts 2003, 78th
Leg., ch. 1315, § 26, eff. Jan. 1, 2004.
§ 63.010. CHALLENGE OF VOTER. (a) The eligibility of a
person offering to vote may be challenged by an election officer,
watcher, or any other person lawfully in the polling place. An
election officer may not refuse to accept a voter without informing
the voter of the voter's right to vote under the challenge procedure
prescribed by this section.
(b) A challenge by a person other than the presiding judge
shall be directed to the judge.
(c) A challenge of a voter may occur before or after the
voter is accepted for voting but may not occur after an accepted
voter enters a voting station.
(d) The presiding judge shall inform a voter of a challenge
and of the issues raised by the challenge. The presiding judge
shall request the voter to present proof of identification in a form
described by Section 63.0101 and to execute an affidavit that
states the facts necessary to support the voter's eligibility to
vote. On presentation of the required proof of identification and
affidavit, the presiding judge shall determine the voter's
identity. If the voter fails to present the required proof of
identification, the presiding judge cannot verify the voter's
identity from the proof presented, or the voter refuses to execute
an affidavit, the voter may not be accepted for voting, and an
election officer shall indicate on the affidavit or, if none, on a
written statement containing the voter's name and any known
residence address, and, if applicable, on the list of registered
voters beside the voter's name that the voter was rejected under
this section. After determining the voter's identity, the
presiding judge shall return the documentation of proof to the
voter.
(e) If a challenged voter whose identity is verified
executes an affidavit that states the facts necessary to support
the voter's eligibility to vote, the voter shall be accepted, and
"sworn" shall be entered on the poll list beside the voter's name.
If the voter's affidavit does not state the facts necessary to
support the voter's eligibility to vote, the voter may not be
accepted for voting, and an election officer shall indicate on the
affidavit and, if applicable, on the list of registered voters
beside the voter's name that the voter was rejected under this
section.
(f) If a voter is challenged and rejected after having been
accepted for voting, the presiding judge shall enter "challenged
and rejected" beside the voter's name on the list of registered
voters or registration omissions list and on the poll list,
signature roster, and any affidavits executed by the voter under
this chapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 15, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 1078, § 9, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1349, § 29, eff. Sept. 1, 1997.
§ 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
The following documentation is acceptable as proof of
identification under this chapter:
(1) a driver's license or personal identification card
issued to the person by the Department of Public Safety or a similar
document issued to the person by an agency of another state,
regardless of whether the license or card has expired;
(2) a form of identification containing the person's
photograph that establishes the person's identity;
(3) a birth certificate or other document confirming
birth that is admissible in a court of law and establishes the
person's identity;
(4) United States citizenship papers issued to the
person;
(5) a United States passport issued to the person;
(6) official mail addressed to the person by name from
a governmental entity;
(7) a copy of a current utility bill, bank statement,
government check, paycheck, or other government document that shows
the name and address of the voter; or
(8) any other form of identification prescribed by the
secretary of state.
Added by Acts 1997, 75th Leg., ch. 1078, § 10, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1349, § 30, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 1315, § 27, eff. Jan. 1,
2004.
§ 63.011. PROVISIONAL VOTING. (a) A person to whom
Section 63.008(b) or 63.009(a) applies may cast a provisional
ballot if the person executes an affidavit stating that the person:
(1) is a registered voter in the precinct in which the
person seeks to vote; and
(2) is eligible to vote in the election.
(b) A form for the affidavit shall be printed on an envelope
in which the provisional ballot voted by the person may be placed
and must include a space for entering the identification number of
the provisional ballot voted by the person. The affidavit form may
include space for disclosure of any necessary information to enable
the person to register to vote under Chapter 13. The secretary of
state shall prescribe the form of the affidavit under this section.
(c) After executing the affidavit, the person shall be given
a provisional ballot for the election. An election officer shall
record the number of the ballot on the space provided on the
affidavit.
(d) An election officer shall enter "provisional vote" on
the poll list beside the name of each voter who is accepted for
voting under this section.
(e) A person who is permitted under a state or federal court
order to cast a ballot in an election for a federal office after the
time allowed by Subchapter B, Chapter 41, must cast the ballot as a
provisional vote in the manner required by this section.
Added by Acts 2003, 78th Leg., ch. 1315, § 28, eff. Jan. 1, 2004.
§ 63.012. UNLAWFULLY ACCEPTING OR REFUSING TO ACCEPT
VOTER. (a) An election officer commits an offense if the officer
knowingly:
(1) permits an ineligible voter to vote other than as
provided by Section 63.011; or
(2) refuses to accept a person for voting whose
acceptance is required by this code.
(b) An offense under this section is a Class B misdemeanor.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2003, 78th Leg., ch. 1315, § 29, eff. Jan. 1, 2004.
§ 63.013. ELECTRONIC REGISTRATION SYSTEM PILOT
PROGRAM.
Text of section effective until January 1, 2007
(a) The secretary of state shall implement a pilot program
to evaluate the use of an electronic registration system on
election day and during the period for early voting by personal
appearance. The program shall:
(1) be limited to a single county that chooses to
participate and has a population of approximately 500,000 people;
(2) allow for the use of a card with a magnetic stripe
issued to the voter to confirm the voter's registration instead of
the registration certificate when the voter appears in person to
vote; and
(3) be used in one or more countywide elections as
determined appropriate by the secretary of state and the county.
(b) At the conclusion of the pilot program established under
Subsection (a), but not later than December 31, 2006, the secretary
of state shall file a report with the governor, the lieutenant
governor, and the speaker of the house of representatives on the
pilot program and the use of an electronic registration card. The
report may contain recommendations on the future use of the card and
suggestions for permanent statutory authority regarding the use of
the card.
(c) This section expires January 1, 2007.
Added by Acts 2003, 78th Leg., ch. 1012, § 1, eff. June 20, 2003.
