CHAPTER 13. APPLICATION FOR REGISTRATION; INITIAL REGISTRATION - Texas Statutes

ELECTION CODE

TITLE 2. VOTER QUALIFICATIONS AND REGISTRATION

CHAPTER 13. APPLICATION FOR REGISTRATION; INITIAL REGISTRATION

SUBCHAPTER A. ELIGIBILITY; MANNER OF APPLYING FOR REGISTRATION

Sec. 13.001. ELIGIBILITY FOR REGISTRATION. (a) To be eligible

for registration as a voter in this state, a person must:

(1) be 18 years of age or older;

(2) be a United States citizen;

(3) not have been determined by a final judgment of a court

exercising probate jurisdiction to be:

(A) totally mentally incapacitated; or

(B) partially mentally incapacitated without the right to vote;

(4) not have been finally convicted of a felony or, if so

convicted, must have:

(A) fully discharged the person's sentence, including any term

of incarceration, parole, or supervision, or completed a period

of probation ordered by any court; or

(B) been pardoned or otherwise released from the resulting

disability to vote; and

(5) be a resident of the county in which application for

registration is made.

(b) To be eligible to apply for registration, a person must, on

the date the registration application is submitted to the

registrar, be at least 17 years and 10 months of age and satisfy

the requirements of Subsection (a) except for age.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 23, eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 16, Sec. 6.02, eff. Aug. 26, 1991; Acts

1993, 73rd Leg., ch. 916, Sec. 27, eff. Sept. 1, 1993; Acts 1997,

75th Leg., ch. 850, Sec. 2, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

614, Sec. 23, eff. September 1, 2007.

Sec. 13.002. APPLICATION REQUIRED. (a) A person desiring to

register to vote must submit an application to the registrar of

the county in which the person resides. Except as provided by

Subsection (e), an application must be submitted by personal

delivery or by mail.

(b) A registration application must be in writing and signed by

the applicant.

(c) A registration application must include:

(1) the applicant's first name, middle name, if any, last name,

and former name, if any;

(2) the month, day, and year of the applicant's birth;

(3) a statement that the applicant is a United States citizen;

(4) a statement that the applicant is a resident of the county;

(5) a statement that the applicant has not been determined by a

final judgment of a court exercising probate jurisdiction to be:

(A) totally mentally incapacitated; or

(B) partially mentally incapacitated without the right to vote;

(6) a statement that the applicant has not been finally

convicted of a felony or that the applicant is a felon eligible

for registration under Section 13.001;

(7) the applicant's residence address or, if the residence has

no address, the address at which the applicant receives mail and

a concise description of the location of the applicant's

residence;

(8) the following information:

(A) the applicant's Texas driver's license number or the number

of a personal identification card issued by the Department of

Public Safety;

(B) if the applicant has not been issued a number described by

Paragraph (A), the last four digits of the applicant's social

security number; or

(C) a statement by the applicant that the applicant has not been

issued a number described by Paragraph (A) or (B);

(9) if the application is made by an agent, a statement of the

agent's relationship to the applicant; and

(10) the city and county in which the applicant formerly

resided.

(d) The omission of the applicant's middle or former name under

Subsection (c)(1) or the applicant's zip code under Subsection

(c)(7) does not affect the validity of a registration

application, and the registrar may not reject the application

because of that omission.

(e) A person who is certified for participation in the address

confidentiality program administered by the attorney general

under Subchapter C, Chapter 56, Code of Criminal Procedure, is

not eligible for early voting by mail under Section 82.007 unless

the person submits an application under this section by personal

delivery. The secretary of state may adopt rules to implement

this subsection.

(f) Instead of the statement required by Subsection (c)(5), an

applicant who has been determined to be partially mentally

incapacitated without the right to vote by a court and who is

eligible to register because of Section 1.020(b) shall include in

the application a statement that the person's guardianship has

been modified to include the right to vote or the person's mental

capacity has been completely restored, as applicable, by a final

judgment of a court.

(g) Instead of the statement required by Subsection (c)(5), an

applicant who has been determined to be totally mentally

incapacitated by a court and who is eligible to register because

of Section 1.020(a) shall include in the application a statement

that the person's mental capacity has been completely restored by

a final judgment of a court.

(h) The submission of a federal postcard application constitutes

an application for registration under this section at the voting

residence address stated on the application. This subsection

does not apply to a person who indicates on the person's federal

postcard application that the person is residing outside the

United States indefinitely. The secretary of state shall

prescribe rules to implement this subsection, including:

(1) rules providing directions to court clerks regarding the

inclusion on jury lists of persons who submit federal postcard

applications; and

(2) rules relating to whether a person who submits a federal

postcard application is to be considered a registered voter of

the applicable authority for the purposes of determining the

number of signatures required on a petition.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 436, Sec. 1, eff. Sept. 1, 1987;

Acts 1987, 70th Leg., ch. 472, Sec. 1, eff. Sept. 1, 1987; Acts

1987, 70th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1987; Acts 1989,

71st Leg., ch. 2, Sec. 7.02, eff. Aug. 28, 1989; Acts 1993, 73rd

Leg., ch. 916, Sec. 30(c), eff. Sept. 1, 1993; Acts 1995, 74th

Leg., ch. 390, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg.,

ch. 797, Sec. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch.

454, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1315,

Sec. 1, eff. Jan. 1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

1049, Sec. 1, eff. January 1, 2006.

Acts 2007, 80th Leg., R.S., Ch.

614, Sec. 24, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1295, Sec. 4, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(11), eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

91, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

632, Sec. 1, eff. June 19, 2009.

Sec. 13.0021. ADDITIONAL REGISTRATION INFORMATION FROM CERTAIN

FEDERAL AND STATE JUDGES. (a) In this section:

(1) "Federal judge" means:

(A) a judge, former judge, or retired judge of a United States

court of appeals;

(B) a judge, former judge, or retired judge of a United States

district court;

(C) a judge, former judge, or retired judge of a United States

bankruptcy court; or

(D) a magistrate judge, former magistrate judge, or retired

magistrate judge of a United States district court.

(2) "State judge" means:

(A) a judge, former judge, or retired judge of an appellate

court, a district court, or a county court at law of this state;

(B) an associate judge appointed under Chapter 201, Family Code,

or a retired associate judge or former associate judge appointed

under that chapter; or

(C) a justice of the peace.

(b) If the registration applicant is a federal judge, a state

judge, or the spouse of a state judge or a federal judge who

seeks to have the applicant's residence address omitted from the

registration list, the applicant shall include with the

application an affidavit stating that the applicant 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. 1, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

465, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1259, Sec. 1, eff. September 1, 2009.

Sec. 13.003. APPLICATION BY AGENT. (a) An applicant may

appoint, either orally or in writing, an agent to perform one or

more of the following acts for the applicant:

(1) complete and sign a registration application;

(2) submit an application;

(3) act on the applicant's behalf in the process of approving

the application, including a challenge of the applicant;

(4) receive a registration certificate in person; and

(5) submit a notice or other applicable document for correcting

registration information.

(b) To be eligible for appointment as an agent, a person must:

(1) be the applicant's spouse, parent, or child; and

(2) be a qualified voter of the county or have submitted a

registration application and be otherwise eligible to vote.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 436, Sec. 2, eff. Sept. 1, 1987.

Sec. 13.004. RECORDING AND DISCLOSURE OF CERTAIN INFORMATION BY

REGISTRAR. (a) The registrar may not transcribe, copy, or

otherwise record a telephone number furnished on a registration

application.

(b) The registrar may transcribe, copy, or otherwise record a

social security number furnished on a registration application

only in maintaining the accuracy of the registration records.

(c) The following information furnished on a registration

application is confidential and does not constitute public

information for purposes of Chapter 552, Government Code:

(1) a social security number;

(2) a Texas driver's license number;

(3) a number of a personal identification card issued by the

Department of Public Safety;

(4) an indication that an applicant is interested in working as

an election judge; or

(5) the residence address of the applicant, if the applicant is

a federal judge or state judge, as defined by Section 13.0021, or

the spouse of a federal judge or state judge, and included an

affidavit with the registration application under Section 13.0021

or the registrar has received an affidavit submitted under

Section 15.0215.

(c-1) The registrar shall ensure that the information listed in

Subsection (c) is excluded from disclosure.

(d) The voter registrar or other county official who has access

to the information furnished on a registration application may

not post the following information on a website:

(1) a telephone number;

(2) a social security number;

(3) a driver's license number or a number of a personal

identification card;

(4) a date of birth; or

(5) the residence address of a voter who is a federal judge or

state judge, as defined by Section 13.0021, or the spouse of a

federal judge or state judge, if the voter included an affidavit

with the application under Section 13.0021 or the registrar has

received an affidavit submitted under Section 15.0215.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 454, Sec. 2, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 606, Sec. 1, 2, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

487, Sec. 1, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch.

487, Sec. 2, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch.

1049, Sec. 2, eff. January 1, 2006.

Acts 2007, 80th Leg., R.S., Ch.

594, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

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

Sec. 13.005. UNLAWFULLY ACTING AS AGENT. (a) A person commits

an offense if the person acts as an agent for an applicant but is

not eligible for appointment as an agent under Section 13.003(b).

(b) An offense under this section is a Class B misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.006. PURPORTEDLY ACTING AS AGENT. (a) A person commits

an offense if the person purports to act as an agent in applying

for registration or in signing a registration application at a

time when the person:

(1) is not an agent of the applicant under Section 13.003(a);

and

(2) is not eligible for appointment under Section 13.003(b) as

the agent of the person for whom the person purports to act.

(b) An offense under this section is a felony of the third

degree.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 6, eff. Sept. 1, 1997.

Sec. 13.007. FALSE STATEMENT ON APPLICATION. (a) A person

commits an offense if the person knowingly makes a false

statement or requests, commands, or attempts to induce another

person to make a false statement on a registration application.

(b) An offense under this section is a Class B misdemeanor.

(c) For purposes of this code, an offense under this section is

considered to be perjury, but may be prosecuted only under this

section.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 436, Sec. 3, eff. Sept. 1, 1987;

Acts 1995, 74th Leg., ch. 797, Sec. 3, eff. Sept. 1, 1995.

SUBCHAPTER B. VOLUNTEER DEPUTY REGISTRARS; HIGH SCHOOL DEPUTY

REGISTRARS

Sec. 13.031. APPOINTMENT; TERM. (a) To encourage voter

registration, the registrar shall appoint as deputy registrars

persons who volunteer to serve.

(b) In this code, "volunteer deputy registrar" means a deputy

registrar appointed under this section.

(c) Volunteer deputy registrars serve for terms expiring

December 31 of even-numbered years.

(d) To be eligible for appointment as a volunteer deputy

registrar, a person must:

(1) be 18 years of age or older; and

(2) not have been finally convicted of a felony or, if so

convicted, must have:

(A) fully discharged the person's sentence, including any term

of incarceration, parole, or supervision, or completed a period

of probation ordered by any court; or

(B) been pardoned or otherwise released from the resulting

disability to vote.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

307, Sec. 1, eff. September 1, 2009.

Sec. 13.032. PROHIBITION ON REFUSING TO APPOINT. A registrar

may not refuse to appoint as a volunteer deputy registrar:

(1) a person eligible for appointment under Section 13.031(d);

or

(2) any person on the basis of sex, race, creed, color, or

national origin or ancestry.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

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

Sec. 13.033. CERTIFICATE OF APPOINTMENT. (a) A person desiring

to serve as a volunteer deputy registrar must request appointment

by the registrar in person or by mail.

(b) If a person is to be appointed, the registrar shall prepare

a certificate of appointment in duplicate containing:

(1) the date of appointment;

(2) the statement: "I, ____________, Voter Registrar for

____________ County, do hereby appoint ____________ as a

volunteer deputy registrar for ____________ County.";

(3) the person's residence address;

(4) the person's voter registration number, if any;

(5) a statement that the term of the appointment expires

December 31 of an even-numbered year; and

(6) a statement that the appointment terminates on the person's

final conviction for an offense for failure to deliver a

registration application and may terminate on the registrar's

determination that the person failed to adequately review a

registration application.

(c) The registrar shall sign the certificate and issue the

original to the appointee, who shall sign it on receipt.

(d) A volunteer deputy shall present the certificate as

identification to an applicant for registration, on request, when

receiving the application for delivery to the registrar.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1993, 73rd Leg., ch. 916, Sec. 3, eff. Sept. 1, 1993.

Sec. 13.034. ACTIVE APPOINTMENT FILE. (a) The registrar shall

maintain a file containing the duplicate certificates of

appointment of the volunteer deputy registrars whose appointments

are effective.

(b) The registrar shall maintain the file in alphabetical order

by deputy name on a countywide basis.

(c) Each certificate shall be retained on file during the time

the appointment is effective.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.035. INACTIVE APPOINTMENT FILE. (a) The registrar

shall maintain a file containing the duplicate certificates of

appointment of the volunteer deputy registrars whose appointments

have been terminated.

(b) The registrar shall enter the date of and reason for

termination on each duplicate certificate.

(c) The registrar shall maintain the file in alphabetical order

by deputy name on a countywide basis.

(d) Each certificate shall be retained on file for two years

after the date of termination.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.036. TERMINATION OF APPOINTMENT. (a) An appointment as

a volunteer deputy registrar is terminated on:

(1) the expiration of the volunteer deputy's term of

appointment; or

(2) the final conviction of the volunteer deputy for an offense

prescribed by Section 13.043.

(b) The registrar may terminate the appointment of a volunteer

deputy registrar on a determination by the registrar that the

volunteer deputy failed to adequately review a registration

application as required by Section 13.039.

(c) Immediately on the termination of an appointment, the

registrar shall deliver written notice of the termination to the

volunteer deputy, directing the deputy:

(1) to stop activity as a volunteer deputy registrar

immediately; and

(2) to deliver the certificate of appointment, receipt forms,

and registration applications and receipts in the volunteer

deputy's possession to the registrar not later than the second

day after the date the deputy receives the termination notice.

(d) The registrar shall reject all registration applications

received by a person purporting to act as a volunteer deputy

registrar after the person's appointment is terminated.

(e) The registrar may not reappoint a person whose appointment

as a volunteer deputy registrar is terminated under Subsection

(a)(2).

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1993, 73rd Leg., ch. 916, Sec. 4, eff. Sept. 1, 1993.

Sec. 13.037. COMPENSATION; BOND. (a) A person may not receive

compensation from the county for service as a volunteer deputy

registrar unless compensation is authorized by the commissioners

court.

(b) An unpaid volunteer deputy is not required to give a bond in

connection with the deputy's service.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1993, 73rd Leg., ch. 916, Sec. 5, eff. Sept. 1, 1993.

Sec. 13.038. POWERS GENERALLY. A volunteer deputy registrar may

distribute voter registration application forms throughout the

county and receive registration applications submitted to the

deputy in person.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 7, eff. Sept. 1, 1997.

Sec. 13.039. REVIEW OF APPLICATION. (a) On receipt of a

registration application, a volunteer deputy registrar shall

review it for completeness in the applicant's presence.

(b) If the application does not contain all the required

information and the required signature, the volunteer deputy

shall return the application to the applicant for completion and

resubmission.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.040. ISSUANCE OF RECEIPT. (a) On receipt of a

completed registration application, a volunteer deputy registrar

shall prepare a receipt in duplicate on a form furnished by the

registrar.

(b) The receipt must contain:

(1) the name of the applicant and, if applicable, the name of

the applicant's agent; and

(2) the date the completed application is submitted to the

volunteer deputy.

(c) The volunteer deputy shall sign the receipt in the

applicant's presence and shall give the original to the

applicant.

(d) The volunteer deputy shall deliver the duplicate receipt to

the registrar with the registration application. The registrar

shall retain the receipt on file with the application.

(e) The secretary of state may prescribe a procedure that is an

alternative to the procedure prescribed by this section that will

ensure the accountability of the registration applications.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.041. EFFECT OF SUBMISSION OF APPLICATION. The date of

submission of a completed registration application to a volunteer

deputy registrar is considered to be the date of submission to

the registrar for the purpose of determining the effective date

of registration only.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.042. DELIVERY OF APPLICATION TO REGISTRAR. (a) A

volunteer deputy registrar shall deliver in person, or by

personal delivery through another designated volunteer deputy, to

the registrar each completed voter registration application

submitted to the deputy, as provided by this section. The

secretary of state shall prescribe any procedures necessary to

ensure the proper and timely delivery of completed applications

that are not delivered in person by the volunteer deputy who

receives them.

(b) Except as provided by Subsection (c), an application shall

be delivered to the registrar not later than 5 p.m. of the fifth

day after the date the application is submitted to the volunteer

deputy registrar.

(c) An application submitted after the 34th day and before the

29th day before the date of an election in which any qualified

voter of the county is eligible to vote shall be delivered not

later than 5 p.m. of the 29th day before election day.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 472, Sec. 2, eff. Sept. 1, 1987.

Sec. 13.043. FAILURE TO DELIVER APPLICATION. (a) A volunteer

deputy registrar commits an offense if the deputy fails to comply

with Section 13.042.

(b) Except as provided by Subsection (c), an offense under this

section is a Class C misdemeanor.

(c) An offense under this section is a Class A misdemeanor if

the deputy's failure to comply is intentional.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.044. PURPORTEDLY ACTING AS VOLUNTEER DEPUTY REGISTRAR.

(a) A person commits an offense if the person purports to act as

a volunteer deputy registrar when the person does not have an

effective appointment as a volunteer deputy registrar.

(b) An offense under this section is a Class C misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.045. ACTIVITY ON GOVERNMENTAL PREMISES. Except as

otherwise provided by law, the chief executive of a state agency

with approval of the agency's governing body, if any, the chief

executive of a department of a city with approval of the city's

governing body, or a county officer may permit an officer or

employee under the chief executive's or officer's supervision who

is a volunteer deputy registrar to engage in official

registration activities during working hours on the premises

under the chief executive's or officer's control.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.046. HIGH SCHOOL DEPUTY REGISTRARS. (a) Each principal

of a public or private high school or the principal's designee

shall serve as a deputy registrar for the county in which the

school is located.

(b) In this code, "high school deputy registrar" means a deputy

registrar serving under this section.

(c) A high school deputy registrar may distribute registration

application forms to and receive registration applications

submitted to the deputy in person from students and employees of

the school only.

(d) At least twice each school year, a high school deputy

registrar shall distribute an officially prescribed registration

application form to each student who is or will be 18 years of

age or older during that year, subject to rules prescribed by the

secretary of state.

(e) Each application form distributed under this section must be

accompanied by a notice informing the student or employee 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 high school deputy registrar or volunteer deputy

registrar for delivery to the voter registrar of the county in

which the applicant resides.

(f) Except as provided by this subsection, Sections 13.039,

13.041, and 13.042 apply to the submission and delivery of

registration applications under this section, and for that

purpose, "volunteer deputy registrar" in those sections includes

a high school deputy registrar. A high school deputy registrar

may review an application for completeness out of the applicant's

presence. A deputy may deliver a group of applications to the

registrar by mail in an envelope or package, and, for the purpose

of determining compliance with the delivery deadline, an

application delivered by mail is considered to be delivered at

the time of its receipt by the registrar.

(g) A high school deputy registrar commits an offense if the

deputy fails to comply with Section 13.042. An offense under this

subsection is a Class C misdemeanor unless the deputy's failure

to comply is intentional, in which case the offense is a Class A

misdemeanor.

(h) The secretary of state shall prescribe any additional

procedures necessary to implement this section.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 279, Sec. 1, eff. Sept. 1, 1991;

Acts 1995, 74th Leg., ch. 797, Sec. 4, eff. Sept. 1, 1995; Acts

1997, 75th Leg., ch. 864, Sec. 8, eff. Sept. 1, 1997.

SUBCHAPTER C. ACTION ON APPLICATION BY REGISTRAR

Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar shall

review each submitted application for registration to determine

whether it complies with Section 13.002 and indicates that the

applicant is eligible for registration.

(b) The registrar shall make the determination not later than

the seventh day after the date the application is submitted to

the registrar.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.072. ACTION ON APPLICATION. (a) Unless the registrar

challenges the applicant, the registrar shall approve the

application if:

(1) the registrar determines that an application complies with

Section 13.002 and indicates that the applicant is eligible for

registration; and

(2) for an applicant who has not included a statement described

by Section 13.002(c)(8)(C), the registrar verifies with the

secretary of state:

(A) the applicant's Texas driver's license number or number of a

personal identification card issued by the Department of Public

Safety; or

(B) the last four digits of the applicant's social security

number.

(b) After approval of an application by an applicant who was

registered in another county at the time of application, the

registrar shall deliver written notice of the applicant's change

of residence to the other county's registrar and include in the

notice the applicant's name, former residence address, and former

registration number, if known.

(c) Except as provided by Subsection (d), if the registrar

determines that an application does not comply with Section

13.002 or does not indicate that the applicant is eligible for

registration, the registrar shall reject the application.

(d) If an application clearly indicates that the applicant

resides in another county, the registrar shall forward the

application to the other county's registrar not later than the

second day after the date the application is received and, if the

other county is not contiguous, shall deliver written notice of

that action to the applicant not later than the seventh day after

the date the application is received. The date of submission of a

completed application to the wrong registrar is considered to be

the date of submission to the proper registrar for purposes of

determining the effective date of the registration.

(e) Repealed by Acts 2003, 78th Leg., ch. 1316, Sec. 44, eff.

Sept. 1, 2003.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1989, 71st Leg., ch. 415, Sec. 1, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 559, Sec. 1, eff. Sept. 1, 1991; Acts

1997, 75th Leg., ch. 1349, Sec. 4, eff. Sept. 1, 1997; Acts 2003,

78th Leg., ch. 1316, Sec. 5, 44, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1105, Sec. 1, eff. January 1, 2006.

Sec. 13.073. NOTICE OF REJECTION. (a) Except as provided by

Subsection (b), the registrar shall deliver written notice of the

reason for the rejection of an application to the applicant not

later than the second day after the date of rejection.

(b) If the registrar rejects an application in the applicant's

presence, at that time the registrar shall orally inform the

applicant of the reason for the rejection. If the rejection is

for incompleteness, the registrar shall return the application to

the applicant for completion and resubmission.

(c) If the registrar rejects an application for incompleteness

but receives a completed application not later than the 10th day

after the date the notice is delivered under Subsection (a) or

the date the incomplete application is returned under Subsection

(b), as applicable, the original date of submission of the

incomplete application is considered to be the date of submission

to the registrar for the purpose of determining the effective

date of registration.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 2003, 78th Leg., ch. 1316, Sec. 6, eff. Sept. 1, 2003.

Sec. 13.074. CHALLENGE OF APPLICANT. (a) If after determining

that an application complies with Section 13.002 and indicates

that the applicant is eligible for registration, the registrar

has reason to believe the applicant is not eligible for

registration or the application was submitted in an unauthorized

manner, the registrar shall challenge the applicant.

(b) The registrar shall indicate on the application of a

challenged applicant that the applicant's eligibility or the

manner of submission of the application has been challenged and

the date of the challenge.

(c) The registrar may not challenge an applicant later than the

second day after the date the application is determined to comply

with Section 13.002 and indicate that the applicant is eligible

for registration.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.075. NOTICE OF CHALLENGE TO APPLICANT. (a) Except as

provided by Subsection (c), the registrar shall deliver written

notice of the challenge to the applicant not later than the

second day after the date of the challenge.

(b) The notice must include:

(1) the date of the challenge;

(2) a statement of the grounds for the challenge; and

(3) a brief explanation of the applicant's right to a hearing on

the challenge and the right to appeal the registrar's decision.

(c) If a challenge is made in the applicant's presence, at that

time the registrar shall orally explain to the applicant the

grounds for the challenge and the applicant's right to a hearing

and appeal.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.076. REQUEST FOR HEARING ON CHALLENGE. (a) Except as

provided by Subsection (b), to be entitled to a hearing on a

challenge, the applicant must file a written, signed request for

a hearing with the registrar not later than the 10th day after

the date of the challenge.

(b) If a challenge is made in the applicant's presence, at that

time the applicant may orally request a hearing.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.077. HEARING ON CHALLENGE. (a) On the timely filing or

making of a hearing request, the registrar shall schedule a

hearing on the challenge.

(b) The registrar shall conduct the hearing not later than the

10th day after the date the request is filed or made or at a

later date on the applicant's request.

(c) The applicant may appear personally at the hearing to offer

evidence or argument. The applicant may offer evidence or

argument by affidavit without personally appearing if the

applicant submits the affidavit to the registrar before the

hearing begins.

(d) If a challenge is made in the applicant's presence and the

applicant orally requests a hearing, the hearing may be conducted

at that time with the applicant's consent.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.078. NOTICE OF HEARING. (a) The registrar shall

deliver to a challenged applicant written notice of the date,

hour, and place set for the hearing on the challenge not later

than the second day after the date the hearing request is filed

or made.

(b) This section does not apply to a hearing conducted under

Section 13.077(d).

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.079. DETERMINATION OF CHALLENGE. (a) After hearing and

considering the evidence or argument, the registrar shall

promptly determine the challenge and issue a decision in writing.

(b) If the registrar determines that the applicant is eligible

for registration or that the manner of submission of the

application was authorized, the registrar shall approve the

application.

(c) If the registrar determines that the applicant is not

eligible for registration or that the manner of submission of the

application was unauthorized, the registrar shall reject the

application.

(d) The registrar shall retain a copy of the decision on file

with the applicant's registration application and shall deliver a

copy to the applicant.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.080. RECORDING REJECTION. On rejection of an

applicant's registration application, the registrar shall enter

the date of and reason for the rejection on the application.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

SUBCHAPTER D. APPLICATION FILES

Sec. 13.101. ACTIVE APPLICATION FILE. (a) The registrar shall

maintain a file containing the approved registration applications

of the registered voters of the county.

(b) The registrar shall maintain the file in alphabetical order

by voter name on a countywide basis. However, the registrar may

maintain the file in numerical order by registration number if

the registrar regularly maintains a list of registered voters in

alphabetical order by voter name on a countywide basis.

(c) Each application shall be retained on file during the time

the registration is effective.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.102. INACTIVE APPLICATION FILE. (a) The registrar

shall maintain a file containing the rejected applications of

applicants for registration.

(b) The registrar shall maintain a file, separate from the file

maintained under Subsection (a), containing the applications of

the voters whose registrations have been canceled.

(c) The registrar shall maintain each file in alphabetical order

by applicant or voter name on a countywide basis.

(d) Each application shall be retained on file for two years

after the date of rejection or cancellation.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.103. PLACE FOR KEEPING FILES; SECURITY. (a) The

registration application 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) Applications 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.

Sec. 13.104. OPTIONAL STORAGE METHOD. (a) Instead of keeping

the original registration applications and supporting

documentation as required by this title, the registrar may record

the applications and documentation on an optical disk or other

computer storage medium approved by the secretary of state.

(b) The storage medium must allow for the creation of a copy of

an application or supporting documentation.

(c) The secretary of state shall prescribe any procedures

necessary to implement this section.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 5, eff. Sept. 1,

1995.

SUBCHAPTER E. OFFICIAL APPLICATION FORMS

Sec. 13.121. OFFICIAL FORM FOR REGISTRATION BY MAIL. (a) The

officially prescribed application form for registration by mail

must be in the form of a business reply postcard, unless another

form or system is used under Subsection (b), with postage paid by

the state. The secretary of state shall design the form to

enhance the legibility of its contents.

(b) The secretary of state shall obtain a permit from the United

States Postal Service for use of the postage-paid application

form and shall arrange for payment of the postal charges with

warrants issued by the comptroller of public accounts. The

secretary may use any other form or system made available by the

United States Postal Service if the form or system is less costly

than the business reply system.

(c) The secretary of state shall have the official application

forms for registration by mail printed and shall furnish the

forms without charge to each registrar in a quantity the

secretary determines sufficient for the proper conduct of voter

registration.

(d) The secretary of state shall prescribe the procedures

necessary to implement this section.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 472, Sec. 3, eff. Sept. 1, 1987;

Acts 2003, 78th Leg., ch. 1315, Sec. 2, eff. Jan. 1, 2004.

Sec. 13.122. ADDITIONAL ELEMENTS ON OFFICIAL FORM. (a) In

addition to the other statements and spaces for entering

information that appear on an officially prescribed registration

application form, each official form must include:

(1) the statement: "I understand that giving false information

to procure a voter registration is perjury and a crime under

state and federal law.";

(2) a space for the applicant's registration number;

(3) a space for the applicant's Texas driver's license number or

number of a personal identification card issued by the Department

of Public Safety;

(4) a space for the applicant's telephone number;

(5) a space for the applicant's social security number;

(6) a space for the applicant's sex;

(7) a statement indicating that the furnishing of the

applicant's telephone number and sex is optional;

(8) a space or box for indicating whether the applicant or voter

is submitting new registration information or a change in current

registration information;

(9) a statement instructing a voter who is using the form to

make a change in current registration information to enter the

voter's name and the changed information in the appropriate

spaces on the form;

(10) 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;

(11) 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;

(12) a space or box for indicating whether the applicant is

interested in working as an election judge;

(13) a statement warning that a conviction for making a false

statement may result in imprisonment for up to the maximum amount

of time provided by law, a fine of up to the maximum amount

provided by law, or both the imprisonment and the fine; and

(14) any other voter registration information required by

federal law or considered appropriate and required by the

secretary of state.

(b) The term "residence address" may not be modified on an

official registration application form by terms other than those

comprising the specific elements of a residence address.

(c) If it becomes permissible under federal law to require an

applicant for registration who has a social security number to

furnish the number, the secretary of state may implement that

requirement.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 16, Sec. 6.03, eff. Aug. 26, 1991;

Acts 1991, 72nd Leg., ch. 442, Sec. 7, eff. Jan. 1, 1992; Acts

1991, 72nd Leg., ch. 559, Sec. 2, eff. Sept. 1, 1991; Acts 1991,

72nd Leg., ch. 631, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd

Leg., ch. 916, Sec. 30(b), eff. Sept. 1, 1993; Acts 1995, 74th

Leg., ch. 797, Sec. 6, eff. Sept. 1, 1995; Acts 1997, 75th Leg.,

ch. 454, Sec. 3, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch.

1315, Sec. 3, eff. Jan. 1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

1049, Sec. 3, eff. January 1, 2006.

SUBCHAPTER F. INITIAL REGISTRATION

Sec. 13.141. REGISTRATION NUMBER. The secretary of state shall

prescribe a uniform system for assigning voter registration

numbers.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by:

Acts 2005, 79th Leg., Ch.

1105, Sec. 2, eff. January 1, 2006.

Sec. 13.142. INITIAL REGISTRATION CERTIFICATE. (a) After

approval of a registration application, the registrar shall:

(1) prepare a voter registration certificate in duplicate and

issue the original certificate to the applicant; and

(2) enter the applicant's county election precinct number and

registration number on the applicant's registration application.

(b) In this code, "initial certificate" means a registration

certificate issued under this section.

(c) An initial certificate takes effect on the effective date of

the registration and expires the following January 1 of an

even-numbered year.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 436, Sec. 10, eff. Sept. 1, 1989;

Acts 1987, 70th Leg., ch. 472, Sec. 53, eff. Sept. 1, 1989.

Sec. 13.143. EFFECTIVE DATE OF REGISTRATION; PERIOD OF

EFFECTIVENESS. (a) Except as provided by Subsections (b) and

(e), if an applicant's registration application is approved, the

registration becomes effective on the 30th day after the date the

application is submitted to the registrar or on the date the

applicant becomes 18 years of age, whichever is later.

(b) A registration is effective for purposes of early voting if

it will be effective on election day.

(c) A registration is effective until canceled under this code.

(d) For purposes of determining the effective date of a

registration, an application 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 application was placed in the mail

unless proven otherwise.

(e) If the 30th day before the date of an election is a

Saturday, Sunday, or legal state or national holiday, an

application 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 1989, 71st Leg., ch. 416, Sec. 1, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.31; Acts 1991, 72nd Leg.,

ch. 554, Sec. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch.

916, Sec. 6, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 454,

Sec. 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1349, Sec.

5, eff. Sept. 1, 1997.

Sec. 13.144. DELIVERY OF INITIAL CERTIFICATE TO VOTER. (a) Not

later than the 30th day after the date the registrar receives the

application, the registrar shall deliver the original of an

initial certificate:

(1) in person to the applicant or the applicant's agent

appointed under Section 13.003; or

(2) by mail to the applicant.

(b) If delivery is by mail, the registrar shall send the

certificate to the mailing address on the applicant's

registration application.

(c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 844, Sec. 4,

eff. September 1, 2007.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

844, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

844, Sec. 4, eff. September 1, 2007.

Sec. 13.145. UNLAWFUL DELIVERY OF CERTIFICATE. (a) A voter

registrar commits an offense if the registrar knowingly delivers

a registration certificate to a person other than the applicant

or the applicant's agent appointed under Section 13.003.

(b) An offense under this section is a felony of the third

degree.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 13.146. CONFIRMATION NOTICE ON RETURN OF INITIAL

CERTIFICATE. (a) If an initial certificate delivered to the

applicant by mail is returned to the registrar undelivered, the

registrar shall promptly deliver to the applicant a confirmation

notice in accordance with Section 15.051.

(b) If the applicant fails to submit a response to the registrar

in accordance with Section 15.053, the registrar shall enter the

applicant's name on the suspense list.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 7, eff. Sept. 1,

1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.01, eff.

Sept. 1, 1999.