CHAPTER 15. GENERAL ADMINISTRATION OF REGISTRATION - Texas Statutes

ELECTION CODE

TITLE 2. VOTER QUALIFICATIONS AND REGISTRATION

CHAPTER 15. GENERAL ADMINISTRATION OF REGISTRATION

SUBCHAPTER A. FORM AND CONTENTS OF REGISTRATION CERTIFICATE;

REPLACEMENT OF CERTIFICATE

Sec. 15.001. REQUIRED CONTENTS. (a) Each voter registration

certificate issued must contain:

(1) the voter's name in the form indicated by the voter, subject

to applicable requirements prescribed by Section 13.002 and by

rule of the secretary of state;

(2) the voter's residence address or, if the residence has no

address, the address at which the voter receives mail and a

concise description of the location of the voter's residence;

(3) the month, day, and year of the voter's birth;

(4) the number of the county election precinct in which the

voter resides;

(5) the voter's effective date of registration if an initial

certificate;

(6) the voter's registration number;

(7) an indication of the period for which the certificate is

issued;

(8) a statement explaining the circumstances under which the

voter will receive a new certificate;

(9) a space for stamping the voter's political party

affiliation;

(10) a statement that voting with the certificate by a person

other than the person in whose name the certificate is issued is

a felony;

(11) a space for the voter's signature;

(12) a statement that the voter must sign the certificate

personally, if able to sign, immediately on receipt;

(13) a space for the voter to correct the information on the

certificate followed by a signature line;

(14) the statement: "If any information on this certificate

changes or is incorrect, correct the information in the space

provided, sign below, and return this certificate to the voter

registrar.";

(15) the registrar's mailing address and telephone number; and

(16) the jurisdictional or distinguishing number for the

following territorial units in which the voter resides, as

determined by the voter registrar:

(A) congressional district;

(B) state senatorial district;

(C) state representative district;

(D) commissioners precinct;

(E) justice precinct;

(F) city election precinct; and

(G) school district election precinct.

(b) A certificate may not contain:

(1) the voter's telephone number;

(2) the voter's social security number; or

(3) except as provided by Section 15.002, any other information

not specified by Subsection (a).

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

by Acts 1987, 70th Leg., ch. 436, Sec. 5, eff. Sept. 1, 1987;

Acts 1995, 74th Leg., ch. 390, Sec. 2, eff. Sept. 1, 1995; Acts

1995, 74th Leg., ch. 797, Sec. 10, eff. Sept. 1, 1995.

Amended by:

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

532, Sec. 1, eff. June 16, 2007.

Sec. 15.002. OPTIONAL CONTENTS. (a) A voter registration

certificate may contain an explanation of the voter's rights or

duties under this code, including:

(1) the procedure by which the voter will receive a renewal

certificate;

(2) the necessity of notifying the registrar if the voter

changes residence;

(3) the necessity of applying for a new registration if the

voter changes residence to another county;

(4) the period during which the voter may vote a limited ballot

after changing residence to another county;

(5) the procedure for voting without a certificate; and

(6) the procedure for obtaining a replacement for a lost or

destroyed certificate.

(b) An explanation authorized by Subsection (a) may appear on a

separate sheet accompanying the certificate when it is delivered.

(c) In addition to the territorial units required to be listed

on a voter registration certificate under Section 15.001(a)(16),

a certificate may contain up to seven jurisdictional or

distinguishing numbers for any other territorial units in which

the voter resides.

(d) A voter registration certificate may contain the voter's

sex.

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

by Acts 1993, 73rd Leg., ch. 916, Sec. 8, eff. Sept. 1, 1993;

Acts 1995, 74th Leg., ch. 797, Sec. 11, eff. Sept. 1, 1995.

Amended by:

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

532, Sec. 2, eff. June 16, 2007.

Sec. 15.003. SIGNING CERTIFICATE BY VOTER. (a) On receipt of a

voter registration certificate issued under this title, the

person to whom the certificate is issued must personally sign it

in the appropriate space.

(b) This section does not apply to a person who cannot sign the

certificate because of a physical disability or illiteracy.

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

Sec. 15.004. REPLACEMENT CERTIFICATE. (a) A voter whose

registration certificate is lost or destroyed may obtain a

replacement certificate by delivering a written, signed notice of

the loss or destruction to the registrar.

(b) Not later than the 30th day after the date the registrar

receives the notice, the registrar shall deliver to the voter a

replacement certificate containing:

(1) the registration number and other information on the lost or

destroyed certificate; and

(2) a notation that the certificate is a replacement.

(c) The registrar shall retain the notice on file with the

voter's registration application.

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

Amended by:

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

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

SUBCHAPTER B. CORRECTION OF REGISTRATION INFORMATION

Sec. 15.021. NOTICE OF CHANGE IN REGISTRATION INFORMATION BY

VOTER. (a) If a voter discovers incorrect information on the

voter's registration certificate or if any of the information

becomes incorrect because of a change in circumstances, the voter

shall promptly submit to the registrar a written, signed notice

of the incorrect information and the corresponding correction.

(b) The voter shall use the registration certificate or a

registration application form as the notice, indicating the

correct information in the appropriate space on the certificate

or application form unless the voter does not have possession of

the certificate or an application form at the time of giving the

notice.

(c) The registrar shall retain the notice on file with the

voter's registration application. If the correction is a change

of the voter's name, the registrar shall file the application

under the new name.

(d) A voter who continues to reside in the county in which the

voter is registered may correct information under this section by

digital transmission of the information under a program

administered by the secretary of state and the Department of

Information Resources.

(e) The secretary of state shall adopt rules to:

(1) approve technologies for submitting changes of registration

information by digital transmission under this section; and

(2) prescribe additional procedures as necessary to implement a

system for the digital transmission of changes in registration

information.

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

by Acts 1997, 75th Leg., ch. 454, Sec. 5, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 62, Sec. 5.03, eff. Sept. 1, 1999; Acts

2001, 77th Leg., ch. 1178, Sec. 1, eff. Jan. 1, 2002.

Amended by:

Acts 2005, 79th Leg., Ch.

1105, Sec. 3, eff. January 1, 2006.

Sec. 15.0215. NOTICE OF FEDERAL JUDGE OR STATE JUDGE STATUS.

(a) In this section, "federal judge" and "state judge" have the

meanings assigned by Section 13.0021.

(b) A federal judge, a state judge, or the spouse of a federal

judge or state judge who is registered to vote may at any time

submit to the registrar of the county in which the judge resides

an affidavit stating that the voter 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. 3, eff. September 1, 2007.

Amended by:

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

465, Sec. 3, eff. September 1, 2009.

Sec. 15.022. CORRECTION OF REGISTRATION RECORDS. (a) The

registrar shall make the appropriate corrections in the

registration records, including, if necessary, deleting a voter's

name from the suspense list:

(1) after receipt of a notice of a change in registration

information under Section 15.021;

(2) after receipt of a voter's reply to a notice of

investigation given under Section 16.033;

(3) after receipt of a registration omissions list and any

affidavits executed under Section 63.007, following an election;

(4) after receipt of a voter's statement of residence executed

under Section 63.0011;

(5) before the effective date of the abolishment of a county

election precinct or a change in its boundary;

(6) after receipt of United States Postal Service information

indicating an address reclassification;

(7) after receipt of a voter's response under Section 15.053; or

(8) after receipt of a registration application or change of

address under Chapter 20.

(b) At least monthly, the registrar shall request from the

United States Postal Service any available information indicating

address reclassifications affecting the registered voters of the

county.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 12(b), eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 916, Sec. 9, eff. Sept. 1, 1993; Acts

1995, 74th Leg., ch. 797, Sec. 12, eff. Sept. 1, 1995.

Sec. 15.023. TIME FOR CERTAIN DELETIONS FROM SUSPENSE LIST. If

the name of a voter whose residence is changed on the

registration records to another county election precinct in the

same county appears on the suspense list, the voter's name shall

be deleted from the list on the date the voter's registration in

the precinct of new residence becomes effective.

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

by Acts 1995, 74th Leg., ch. 797, Sec. 13, eff. Sept. 1, 1995.

Sec. 15.024. CORRECTED REGISTRATION CERTIFICATE. (a) Except as

provided by Subsection (b), after correcting the registration

records with respect to a voter, if necessary, the registrar

shall issue the voter a registration certificate containing the

appropriate corrections and deliver it to the voter not later

than the 30th day after the date the registrar receives notice of

a correction.

(b) A corrected certificate is not required for a correction to

the registration records under Section 15.022(a)(5).

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

Amended by:

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

844, Sec. 3, eff. September 1, 2007.

Sec. 15.025. EFFECTIVE DATE OF CERTAIN CHANGES IN REGISTRATION

INFORMATION. (a) Except as provided by Subsections (b) and (d),

the registration of a voter described by this subsection whose

information is changed on the registration records becomes

effective as to the change on the 30th day after:

(1) the date the voter submits to the registrar a notice of a

change in registration information under Section 15.021 or a

response under Section 15.053, indicating the change; or

(2) the date the voter submits a statement of residence to an

election officer under Section 63.0011 or a registration

application or change of address to an agency employee under

Chapter 20, indicating the change.

(b) A change in registration information covered by this section

is effective for purposes of early voting if it will be effective

on election day.

(c) For purposes of determining the effective date of a change

in registration information covered by this section, a document

submitted by mail is considered to be submitted to the registrar

on the date it is placed with postage prepaid and properly

addressed in the United States mail. The date indicated by the

post office cancellation mark is considered to be the date the

document was placed in the mail unless proven otherwise.

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

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

document is considered to be timely if it is submitted to the

registrar on or before the next regular business day.

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

by Acts 1993, 73rd Leg., ch. 916, Sec. 10, eff. Sept. 1, 1993;

Acts 1995, 74th Leg., ch. 797, Sec. 14, eff. Sept. 1, 1995; Acts

2003, 78th Leg., ch. 1316, Sec. 7, eff. Sept. 1, 2003.

Sec. 15.027. NOTICE TO VOTER OF PRECINCT BOUNDARY CHANGE. (a)

Before the effective date of the abolishment of a county election

precinct or a change in its boundary, the registrar shall deliver

written notice of that action to each affected registered voter.

(b) If the voter is not issued a corrected registration

certificate, the notice shall inform the voter of the new

precinct number and direct the voter to correct the precinct

number on the voter's registration certificate and to retain the

certificate for continued use.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 9, eff. Sept. 1, 1997.

Sec. 15.028. NOTICE OF UNLAWFUL VOTING TO PROSECUTOR. (a) If

the registrar determines that a person who is not a registered

voter voted in an election, the registrar shall execute and

deliver to the county or district attorney having jurisdiction in

the territory covered by the election an affidavit stating the

relevant facts.

(b) If the election covers territory in more than one county,

the registrar shall also deliver an affidavit to the attorney

general.

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

by Acts 1993, 73rd Leg., ch. 916, Sec. 11, eff. Sept. 1, 1993.

SUBCHAPTER C. CONFIRMATION OF RESIDENCE

Sec. 15.051. CONFIRMATION NOTICE. (a) If the registrar has

reason to believe that a voter's current residence is different

from that indicated on the registration records, the registrar

shall deliver to the voter a written confirmation notice

requesting confirmation of the voter's current residence.

(b) The registrar shall include an official confirmation notice

response form with each confirmation notice delivered to a voter.

(c) The confirmation notice shall be delivered by forwardable

mail to the voter's last known address.

(d) The registrar shall maintain a list of the confirmation

notices mailed to voters, which for each notice must include the

voter's name and the date the notice is mailed. The registrar

shall maintain and retain the list in accordance with rules

prescribed by the secretary of state.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1,

1995.

Sec. 15.052. OFFICIAL CONFIRMATION NOTICE AND CONFIRMATION

NOTICE RESPONSE FORMS. (a) The officially prescribed form for a

confirmation notice must include:

(1) a statement that, if the voter fails to submit to the

registrar a written, signed response confirming the voter's

current residence on or before the 30th day after the date the

confirmation notice is mailed:

(A) the voter is subject to submission of a statement of

residence before the voter may be accepted for voting in an

election held after that deadline; or

(B) for a notice delivered under Section 14.023, the voter will

remain subject to submission of a statement of residence before

the voter may be accepted for voting in an election;

(2) a warning that the voter's registration is subject to

cancellation if the voter fails to confirm the voter's current

residence either by notifying the registrar in writing or voting

on a statement of residence before November 30 following the

second general election for state and county officers that occurs

after the date the confirmation notice is mailed; and

(3) a statement that the voter must include all of the required

information on the official confirmation notice response form.

(b) The official confirmation notice response form must:

(1) provide spaces for the voter to include all of the

information that a person must include in an application to

register to vote under Section 13.002; and

(2) be postage prepaid and preaddressed for delivery to the

registrar.

(c) The registrar may prescribe a different design from that

prescribed by the secretary of state for an official form, if

approved by the secretary.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1,

1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.04, eff.

Sept. 1, 1999.

Amended by:

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

927, Sec. 1, eff. September 1, 2009.

Sec. 15.053. RESPONSE TO CONFIRMATION NOTICE. (a) Not later

than the 30th day after the date a confirmation notice is mailed,

the voter shall submit to the registrar a written, signed

response to the notice that confirms the voter's current

residence. The response must contain all of the information that

a person must include in an application to register to vote under

Section 13.002.

(b) The voter shall use an official confirmation notice response

form for the response unless the voter does not have possession

of the official form at the time of making the response.

(c) The registrar shall act on the response in accordance with

Section 13.072 and retain the response on file with the voter's

registration application.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1,

1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.05, eff.

Sept. 1, 1999.

Amended by:

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

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

SUBCHAPTER D. SUSPENSE LIST

Sec. 15.081. SUSPENSE LIST. (a) The registrar shall maintain a

suspense list containing the name of each voter:

(1) who fails to submit a response to the registrar in

accordance with Section 15.053;

(2) whose renewal certificate is returned to the registrar in

accordance with Subchapter B, Chapter 14; or

(3) who appears on the list of nonresidents of the county

provided to the registrar under Section 62.114, Government Code.

(b) The list shall be arranged alphabetically by voter name and

for each voter must contain the voter's name, residence address,

date of birth, registration number, and date the name is entered

on the list. The names shall be grouped according to county

election precincts.

(c) The secretary of state may prescribe an alternative form or

procedure for maintaining the list.

(d) Notwithstanding Subsection (b), the suspense list may not

contain the residence address of a voter who is a federal judge,

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

if the voter included an affidavit with the voter's registration

application under Section 13.0021 or the registrar received an

affidavit submitted under Section 15.0215 before the list was

prepared. In this subsection, "federal judge" and "state judge"

have the meanings assigned by Section 13.0021.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1,

1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.06, eff.

Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

559, Sec. 3, eff. September 1, 2005.

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

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

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

465, Sec. 4, eff. September 1, 2009.

Sec. 15.082. AVAILABILITY OF REGISTRAR'S LIST. (a) The

registrar shall furnish a copy of the suspense list to any person

requesting it or shall furnish that portion of the list

requested.

(b) The fee for each list or portion of a list furnished under

this section may not exceed the actual expense incurred in

reproducing the list or portion for the person requesting it and

shall be uniform for each type of copy furnished. The registrar

shall make reasonable efforts to minimize the reproduction

expenses.

(c) If the list is recorded on magnetic tape, the copy shall be

furnished in the form of a tape or a printout, as requested.

(d) The registrar shall use fees collected under this section to

defray expenses incurred in the preparation of the copy.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1,

1995.

Sec. 15.083. DELIVERY OF LIST TO SECRETARY OF STATE. (a) The

secretary of state may require the registrar to deliver a copy of

the suspense list to the secretary in the form prescribed by the

secretary.

(b) The registrar shall deliver the list within the period

prescribed by the secretary of state.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1,

1995.

Sec. 15.084. AVAILABILITY OF SECRETARY OF STATE'S LIST. (a)

The secretary of state shall furnish a copy of a suspense list

delivered under Section 15.083 to any person requesting it or

shall furnish that portion of the list requested.

(b) The fee for each list or portion of a list furnished under

this section may not exceed the actual expense incurred in

reproducing the list or portion for the person requesting it and

shall be uniform for each type of copy furnished.

(c) The copy shall be furnished in the form in which the list is

stored or, if practicable, in any other form requested.

(d) The secretary of state shall use fees collected under this

section to defray expenses incurred in the preparation of the

copy.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1,

1995.

Sec. 15.085. UNLAWFUL USE OF INFORMATION ON SUSPENSE LISTS. (a)

A person commits an offense if the person uses information in

connection with advertising or promoting commercial products or

services that the person knows was obtained under Section 15.082

or 15.084.

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

Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1,

1995.

SUBCHAPTER E. VOTING ON STATEMENT OF RESIDENCE

Sec. 15.111. NOTATION ON LIST OF REGISTERED VOTERS. (a) The

registrar shall enter the notation "S", or a similar notation

approved by the secretary of state, on the list of registered

voters beside each voter's name that also appears on the suspense

list.

(b) The registrar shall delete the notation from the list if the

voter's name is deleted from the suspense list.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1,

1995.

Sec. 15.112. AUTHORIZATION TO VOTE ON STATEMENT. In an election

held on or after the date the voter's name is entered on the

suspense list and before November 30 following the second general

election for state and county officers that occurs after the

beginning of the period, a voter whose name appears on a precinct

list of registered voters with the notation "S", or a similar

notation, may vote in the election precinct in which the list is

used if the voter satisfies the residence requirements prescribed

by Section 63.0011 and submits a statement of residence in

accordance with that section.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 15, eff. Sept. 1,

1995.

SUBCHAPTER F. CERTIFICATE FILES

Sec. 15.141. ACTIVE CERTIFICATE FILE. (a) The registrar shall

maintain a file containing the duplicate initial registration

certificates of voters whose registrations are effective.

(b) The registrar shall maintain the file in numerical order by

registration number on a countywide basis.

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

the registration is effective.

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

Renumbered from Election Code Sec. 15.051 by Acts 1995, 74th

Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.

Sec. 15.142. INACTIVE CERTIFICATE FILE. (a) The registrar

shall maintain a file containing the duplicate initial

registration certificates of voters whose registrations have been

canceled.

(b) The registrar shall maintain the file in numerical order by

registration number on a countywide basis for each voting year.

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

after the date of cancellation.

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

Renumbered from Election Code Sec. 15.052 by Acts 1995, 74th

Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.

Sec. 15.143. MAINTENANCE OF FILES AS ELECTRONIC DATA-PROCESSING

INFORMATION. The registrar may maintain the active or inactive

certificate file as information stored in a form suitable for use

with electronic data-processing equipment. After the appropriate

information is stored, the registrar may destroy or otherwise

dispose of a duplicate certificate.

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

Renumbered from Election Code Sec. 15.053 by Acts 1995, 74th

Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.

Sec. 15.144. PLACE FOR KEEPING FILES; SECURITY. (a) The

registration certificate files maintained under this subchapter

shall be kept in the registrar's office at all times in a place

and manner ensuring their security.

(b) Certificates may be removed from the registrar's office

temporarily, in a manner ensuring their security, for use in

preparing registration certificates, lists of registered voters,

and other registration documents by electronic data-processing

methods.

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

Renumbered from Election Code Sec. 15.054 by Acts 1995, 74th

Leg., ch. 797, Sec. 15, eff. Sept. 1, 1995.