CHAPTER 18. PROCEDURES FOR IDENTIFYING REGISTERED VOTERS - Texas Statutes

ELECTION CODE

TITLE 2. VOTER QUALIFICATIONS AND REGISTRATION

CHAPTER 18. PROCEDURES FOR IDENTIFYING REGISTERED VOTERS

SUBCHAPTER A. REGISTRATION LISTS

Sec. 18.001. ORIGINAL LIST OF REGISTERED VOTERS. (a) Before

the beginning of early voting for the first election held in a

county in each voting year, the registrar shall prepare for each

county election precinct a certified list of the registered

voters in the precinct. The list must contain the name of each

voter whose registration will be effective on the date of the

first election held in the county in the voting year.

(b) On request of the authority responsible for procuring

election supplies for an election authorized by law to be held in

the county during the voting year for which the lists are

prepared, the registrar shall furnish to the authority a list for

each county election precinct wholly in the territory covered by

the election. On request of the authority for an election in

which a county election precinct is partly in the political

subdivision or partly in a territorial unit of the political

subdivision from which a member of the subdivision's governing

body is elected by only the voters residing in that unit, the

registrar shall furnish for each partly included county election

precinct a list that contains only the names of voters who reside

in the political subdivision or territorial unit, as applicable.

The request for restricted lists must be accompanied by a

description or map of the applicable boundary of the political

subdivision or territorial unit that is in sufficient detail to

enable the registrar to prepare the requested lists. The request

must be delivered early enough to afford the registrar reasonable

time to prepare timely lists.

(c) Except as otherwise provided by this code, the list shall be

used throughout the voting year.

(d) An additional copy of each list shall be furnished for use

in early voting.

(e) In this code, "original list of registered voters" means a

list prepared under this section.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.32; Acts 1991, 72nd

Leg., ch. 554, Sec. 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg.,

ch. 728, Sec. 3, eff. Sept. 1, 1993.

Sec. 18.002. SUPPLEMENTAL LIST OF REGISTERED VOTERS. (a) For

each election held in the county in a voting year, on request of

the authority responsible for procuring election supplies, the

registrar shall prepare and furnish to the authority a certified

list supplementing each original list furnished to the authority.

The list must contain the name of each voter whose registration

will be effective on election day but whose name does not appear

on the original list.

(b) For a runoff election, as an alternative to the list

required by Subsection (a), the registrar may furnish for each

county election precinct wholly or partly in the territory

covered by the runoff a certified list containing the name of

each voter whose registration will be effective on runoff

election day but whose name does not appear on the original list

or on a list furnished under Subsection (a) for the main

election.

(c) An additional copy of each list shall be furnished for use

in early voting.

(d) In this code, "supplemental list of registered voters" means

a list prepared under this section.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.33; Acts 1991, 72nd

Leg., ch. 554, Sec. 4, eff. Sept. 1, 1991.

Sec. 18.003. REGISTRATION CORRECTION LIST. (a) For each

election held in the county in a voting year, the registrar shall

prepare and furnish to the authority responsible for procuring

election supplies a certified list of corrections.

(b) The list must contain:

(1) the name of each person for whom the information on a list

of registered voters furnished under Section 18.001 or 18.002 has

changed because of cancellation or correction; and

(2) an indication that the person's registration has been

canceled or the corrected registration information.

(c) An additional copy of each list shall be furnished for use

in early voting.

(d) In this code, "registration correction list" means a list

prepared under this section.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.34; Acts 1991, 72nd

Leg., ch. 554, Sec. 5, eff. Sept. 1, 1991.

Sec. 18.004. REVISED ORIGINAL LIST. (a) As an alternative to

furnishing a supplemental list of registered voters and a

correction list for an election, the registrar may furnish a

certified revised original list.

(b) A revised list must contain the name of each voter whose

registration will be effective on election day.

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

Sec. 18.005. FORM AND CONTENTS OF LIST. (a) Each original and

supplemental list of registered voters must:

(1) contain the voter's name, date of birth, and registration

number as provided by the statewide computerized voter

registration list;

(2) contain the voter's residence address, except as provided by

Subsections (b) and (c) or Section 18.0051;

(3) be arranged alphabetically by voter name; and

(4) contain the notation required by Section 15.111.

(b) If the voter's residence has no address, the list must

contain a concise description of the location of the voter's

residence.

(c) The original or supplemental list of registered voters 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.

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

by Acts 1987, 70th Leg., ch. 436, Sec. 7, eff. Sept. 1, 1987;

Acts 1995, 74th Leg., ch. 797, Sec. 25, eff. Sept. 1, 1995; Acts

2003, 78th Leg., ch. 1315, Sec. 4, eff. Jan. 1, 2004.

Amended by:

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

594, Sec. 5, eff. September 1, 2007.

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

1295, Sec. 5, eff. June 15, 2007.

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

87, Sec. 8.001, eff. September 1, 2009.

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

465, Sec. 5, eff. September 1, 2009.

Sec. 18.0051. CONTENTS OF LIST: SUBSTITUTE ADDRESS. An

original or supplemental list of registered voters must contain a

voter's substitute post office box address designated by the

attorney general under Article 56.82(b), Code of Criminal

Procedure, for use by the voter in place of the voter's true

residential, business, or school address if the voter is eligible

for early voting by mail under Section 82.007 and has submitted

an early voting ballot application as required by Section

84.0021.

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

1295, Sec. 6, eff. June 15, 2007.

Sec. 18.006. DELIVERY OF LISTS TO ELECTION AUTHORITIES. The

registrar shall deliver the lists furnished under this

subchapter, including the lists furnished under Section 18.007,

to the appropriate authority as soon as practicable after the

request but in every case in time for receipt before the

beginning of early voting by mail for the election in which the

lists are to be used. If those lists do not contain the names of

all voters who will be eligible to vote as of the beginning of

early voting by personal appearance, another set of the

appropriate lists shall be delivered before the beginning of

early voting by personal appearance. If those lists do not

contain the names of all voters whose registrations will be

effective on election day, another set of the appropriate lists

shall be delivered as soon as practicable after the registrar has

processed the remaining applications.

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

by Acts 1987, 70th Leg., ch. 436, Sec. 7, eff. Sept. 1, 1987;

Acts 1987, 70th Leg., ch. 501, Sec. 1, eff. Sept. 1, 1987; Acts

1991, 72nd Leg., ch. 203, Sec. 2.35; Acts 1991, 72nd Leg., ch.

554, Sec. 6, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 916,

Sec. 14, eff. Sept. 1, 1993.

Sec. 18.007. LISTS FURNISHED FOR PRECINCT CONVENTIONS. In a

voting year in which a political party holds precinct conventions

in the county under Title 10, the registrar, on request of the

party's county chair, shall furnish to the chair for use in

qualifying individuals for participation in the conventions one

of each of the original, supplemental, and correction lists

prescribed by this subchapter.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 11, eff. Sept. 1, 1997.

Sec. 18.008. COPIES FURNISHED ON REQUEST. (a) The registrar

shall furnish a copy of any list prepared under this subchapter

to any person requesting it. The copy shall be furnished without

the names of voters whose names appear on a list with the

notation "S", or a similar notation, if requested in that form.

(b) The list shall be furnished as soon as practicable after the

request but not later than the 15th day after the date the

registrar receives the request or completes preparation of the

list from which the copy is to be made, whichever is later.

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

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

(d) The copy must be accompanied by a written notice of the

criminal penalty prescribed by Section 18.009.

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

by Acts 1993, 73rd Leg., ch. 916, Sec. 15, eff. Sept. 1, 1993;

Acts 1995, 74th Leg., ch. 797, Sec. 26, eff. Sept. 1, 1995.

Sec. 18.009. UNLAWFUL USE OF INFORMATION ON REGISTRATION LIST.

(a) A person commits an offense if the person uses information

in connection with advertising or promoting commercial products

or services that the person knows was obtained under Section

18.008.

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

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

by Acts 1997, 75th Leg., ch. 864, Sec. 12, eff. Sept. 1, 1997.

Sec. 18.010. FEES. (a) The registrar may not charge a fee for

furnishing lists required to be furnished under this subchapter

except as authorized by this section.

(b) The fee for each list furnished under Section 18.008 may not

exceed the actual expense incurred in reproducing the list for

the person requesting it and shall be uniform for each type of

copy furnished.

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

defray expenses incurred in the preparation of the copy.

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

Sec. 18.011. FILE OF LISTS FOR COUNTYWIDE ELECTION. (a) The

registrar shall maintain a file containing one of each of the

lists prepared under this subchapter for each countywide

election.

(b) The registrar shall retain each list on file for two years

after election day except a list used in a presidential election,

which shall be retained for four years after election day.

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

Sec. 18.012. SECRETARY OF STATE TO APPROVE COMPUTER SERVICES

CONTRACTS. (a) A county may not contract with a computer

service company or other private business entity for services

related to the lists required under this subchapter unless the

programs, equipment, or other materials to be covered by the

contract are approved by the secretary of state. The secretary

may rescind approval of the programs, equipment, or other

materials at any time, and on that action the contract is

nullified to the extent that it depends on the disapproved items.

(b) A computer service company or other private business entity

may not use modified programs, equipment, or other materials

under the contract unless the modifications are approved by the

secretary of state.

(c) A person commits an offense if the person violates

Subsection (b). An offense under this subsection is a Class A

misdemeanor.

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

by Acts 1993, 73rd Leg., ch. 916, Sec. 16, eff. Sept. 1, 1993.

Sec. 18.0121. CONTRACT TO INVESTIGATE VOTER ELIGIBILITY. A list

of potentially ineligible voters produced for a county by a

private business entity may not be made available to the public

or otherwise used by the registrar unless the registrar has

verified the accuracy of the information on the list through

available public records.

Added by Acts 2001, 77th Leg., ch. 555, Sec. 1, eff. Sept. 1,

2001.

Sec. 18.013. POLITICAL SUBDIVISION LIST IN CERTAIN COUNTIES.

(a) On the written request of any resident of a political

subdivision of which more than one-half of the political

subdivision's territory is situated in a county with a population

of 25,000 or less, the registrar of a county in which the

political subdivision is wholly or partly situated shall prepare

and furnish to the person a list containing the registered voters

of that county who reside in the political subdivision or, if

requested, who reside in a territorial unit of the political

subdivision from which a member of the subdivision's governing

body is elected by only the voters residing in the territorial

unit.

(b) A request under Subsection (a) must be accompanied by a

description or map, if a map is available, of the boundary of the

political subdivision or territorial unit. The boundary

information must be of sufficient detail to enable the registrar

to prepare the requested list.

(c) The list must contain the name of each voter whose

registration is effective on the date the list is furnished and

must comply with the requirements as to form and content

prescribed by Section 18.005.

(d) The list shall be furnished as soon as practicable after the

request but not later than the 30th day after the date the

registrar receives the request and boundary description or map.

(e) The registrar may charge a fee for the list not to exceed

the actual expense incurred in preparing the list. The fees shall

be used to defray expenses incurred in preparing the lists.

(f) Section 18.009 applies to the use of information obtained

under Subsection (a).

(g) Except as provided by this section, this subchapter does not

apply to a list furnished under this section.

Added by Acts 1991, 72nd Leg., ch. 517, Sec. 1, eff. Sept. 1,

1991.

SUBCHAPTER B. REGISTRATION STATEMENTS

Sec. 18.041. ANNUAL REGISTRATION REPORT. (a) Each voting year,

the registrar shall prepare a report of the number of persons

whose voter registrations in the county and in each county

election precinct will be effective on January 1.

(b) The secretary of state shall prescribe the categories of

voters and computations required in the report.

(c) The registrar shall retain a copy of the report on file as a

registration record for two years.

(d) The registrar shall file the report with the secretary of

state not later than January 2.

(e) The secretary of state shall retain the report on file for

two years.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 2(b), eff. Sept. 1, 1987;

Acts 1987, 70th Leg., ch. 436, Sec. 14, eff. Sept. 1, 1989; Acts

1987, 70th Leg., ch. 472, Sec. 57, eff. Sept. 1, 1989; Acts 1993,

73rd Leg., ch. 916, Sec. 17, eff. Sept. 1, 1993; Acts 1995, 74th

Leg., ch. 797, Sec. 27, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1105, Sec. 6, eff. January 1, 2006.

Sec. 18.042. PREELECTION REGISTRATION STATEMENT. (a) Not later

than the 20th day before the date of the general primary election

and the date of the general election for state and county

officers, the registrar shall file with the secretary of state a

statement of the number of persons whose voter registrations in

the county and in each county election precinct will be effective

on election day.

(b) The secretary of state shall prescribe the categories of

voters and computations required in the statement.

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

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 6, eff. Sept. 1,

1987; Acts 1987, 70th Leg., ch. 54, Sec. 2(b), (f), eff. Sept. 1,

1987; Acts 1989, 71st Leg., ch. 114, Sec. 2, eff. Sept. 1, 1989;

Acts 1995, 74th Leg., ch. 797, Sec. 28, eff. Sept. 1, 1995.

Sec. 18.043. STATEMENT REQUIRED UNDER FEDERAL LAW. (a) At the

times prescribed by the secretary of state, the registrar shall

deliver to the secretary a statement containing the voter

registration information determined by the secretary to be

necessary to comply with reporting requirements prescribed under

federal law.

(b) The secretary of state shall prescribe the form, content,

and procedure for each statement required under this section.

(c) The registrar shall maintain the information required for

the statements in accordance with procedures prescribed by the

secretary of state.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 29, eff. Sept. 1,

1995.

SUBCHAPTER C. STATEWIDE VOTER REGISTRATION LIST

Sec. 18.061. STATEWIDE COMPUTERIZED VOTER REGISTRATION LIST.

(a) The secretary of state shall implement and maintain a

statewide computerized voter registration list that serves as the

single system for storing and managing the official list of

registered voters in the state.

(b) The statewide computerized voter registration list must:

(1) contain the name and registration information of each voter

registered in the state;

(2) assign a unique identifier to each registered voter; and

(3) be available to any election official in the state through

immediate electronic access.

(c) Under procedures prescribed by the secretary of state, each

voter registrar shall provide to the secretary of state on an

expedited basis the information necessary to maintain the

registration list established under Subsection (a). The

procedures shall provide for the electronic submission of the

information.

(d) The secretary of state may contract with counties to provide

them with electronic data services to facilitate the

implementation of the statewide computerized voter registration

list. The secretary shall use funds collected under the contracts

to defray expenses incurred in implementing the statewide

computerized voter registration list.

(e) The secretary of state shall prescribe procedures to ensure

that when a voter registers in another county, as determined

under Section 16.031(a)(6), the statewide computerized voter

registration list is updated to reflect the voter's registration

in the new county.

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

by Acts 2003, 78th Leg., ch. 1315, Sec. 6, eff. Jan. 1, 2006.

Amended by:

Acts 2005, 79th Leg., Ch.

1105, Sec. 7, eff. January 1, 2006.

Sec. 18.064. SANCTION FOR NONCOMPLIANCE. If a registrar fails

to substantially comply with Section 15.083, 16.032, 18.042, or

18.061 or with rules adopted by the secretary of state

implementing the statewide computerized voter registration list,

the registrar is not entitled to receive state funds for

financing voter registration in the county.

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

by Acts 1989, 71st Leg., ch. 114, Sec. 3, eff. Sept. 1, 1989;

Acts 1993, 73rd Leg., ch. 916, Sec. 19, eff. Sept. 1, 1993; Acts

2003, 78th Leg., ch. 1315, Sec. 7, eff. Jan. 1, 2006.

Sec. 18.065. SECRETARY OF STATE TO MONITOR REGISTRAR'S

COMPLIANCE. (a) The secretary of state shall monitor each

registrar for substantial compliance with Sections 15.083,

16.032, 18.042, and 18.061 and with rules implementing the

statewide computerized voter registration list.

(b) On determining that a registrar is not in substantial

compliance, the secretary shall deliver written notice of the

noncompliance to:

(1) the registrar, including in the notice a description of the

violation and an explanation of the action necessary for

substantial compliance and of the consequences of noncompliance;

and

(2) the comptroller of public accounts, including in the notice

the identity of the noncomplying registrar.

(c) On determining that a noncomplying registrar has corrected

the violation and is in substantial compliance, the secretary

shall deliver written notice to the registrar and to the

comptroller that the registrar is in substantial compliance.

(d) The comptroller shall retain a notice received under this

section on file until July 1 following the voting year in which

it is received. The secretary shall retain a copy of each notice

the secretary delivers under this section for two years after the

date the notice is delivered.

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

by Acts 1989, 71st Leg., ch. 114, Sec. 4, eff. Sept. 1, 1989;

Acts 1993, 73rd Leg., ch. 916, Sec. 20, eff. Sept. 1, 1993; Acts

2003, 78th Leg., ch. 1315, Sec. 8, eff. Jan. 1, 2006.

Sec. 18.066. AVAILABILITY OF STATEWIDE COMPUTERIZED VOTER

REGISTRATION LIST INFORMATION. (a) The secretary of state shall

furnish information in the statewide computerized voter

registration list to any person on request not later than the

15th day after the date the request is received.

(b) Information furnished under this section may not include:

(1) a voter's social security number; or

(2) 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 voter's registration application under Section 13.0021

or the applicable registrar has received an affidavit submitted

under Section 15.0215.

(c) The secretary shall furnish the information in the form and

order in which it is stored or if practicable in any other form

or order requested.

(d) To receive information under this section, a person must

submit an affidavit to the secretary stating that the person will

not use the information obtained in connection with advertising

or promoting commercial products or services.

(e) The secretary may prescribe a schedule of fees for

furnishing information under this section. A fee may not exceed

the actual expense incurred in reproducing the information

requested.

(f) The secretary shall use fees collected under this section to

defray expenses incurred in the furnishing of the information.

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

by Acts 2003, 78th Leg., ch. 1315, Sec. 9, 10, eff. Jan. 1, 2006.

Amended by:

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

594, Sec. 6, eff. September 1, 2007.

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

465, Sec. 6, eff. September 1, 2009.

Sec. 18.067. UNLAWFUL USE OF STATEWIDE COMPUTERIZED VOTER

REGISTRATION LIST. (a) A person commits an offense if the

person uses information in connection with advertising or

promoting commercial products or services that the person knows

was obtained under Section 18.066.

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

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

by Acts 1997, 75th Leg., ch. 864, Sec. 13, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1315, Sec. 11, eff. Jan. 1, 2006.