CHAPTER 20. VOTER REGISTRATION AGENCIES - Texas Statutes

ELECTION CODE

TITLE 2. VOTER QUALIFICATIONS AND REGISTRATION

CHAPTER 20. VOTER REGISTRATION AGENCIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 20.001. DESIGNATION OF VOTER REGISTRATION AGENCIES. (a)

The following state agencies are designated as voter registration

agencies:

(1) Health and Human Services Commission;

(2) Department of Aging and Disability Services;

(3) Department of Assistive and Rehabilitative Services;

(4) Department of State Health Services; and

(5) any other agency or program as determined by the secretary

of state that primarily provides:

(A) public assistance; or

(B) services to persons with disabilities.

(b) The Department of Public Safety is designated as a voter

registration agency.

(c) Each public library, including any branch or other service

outlet, is designated as a voter registration agency. In this

chapter, "public library" means a library that:

(1) is regularly open for business for more than 30 hours a

week;

(2) is operated by a single public agency or board;

(3) is open without charge to all persons under identical

conditions; and

(4) receives its financial support wholly or partly from public

funds.

(d) Each marriage license office of the county clerk is

designated as a voter registration agency.

(e) The secretary of state shall designate other agencies or

offices as voter registration agencies as necessary for

compliance with federal law.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1090, Sec. 1, eff. September 1, 2005.

Sec. 20.002. AGENCY-PRESCRIBED REGISTRATION APPLICATION FORM.

Instead of using the official voter registration application form

prescribed by the secretary of state, a voter registration agency

may use an official form prescribed by the agency, if approved by

the secretary of state.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.003. OFFICIAL DECLINATION OF REGISTRATION FORM. The

officially prescribed form for a declination of a voter

registration must include:

(1) spaces for the person's signature and printed name and the

date of signing;

(2) the following question, followed by appropriate boxes

preceding "YES" and "NO": "If you are not registered to vote

where you live now, would you like to apply to register to vote

here today?";

(3) if the agency provides public assistance, the statement:

"Applying to register or declining to register to vote will not

affect the amount of assistance that you will be provided by this

agency.";

(4) the statement: "IF YOU HAVE NOT CHECKED EITHER BOX, YOU WILL

BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS

TIME.";

(5) the statement: "If you would like help filling out the voter

registration application form, we will help you. The decision

whether to seek or accept help is yours. You may fill out the

application form in private.";

(6) the statement: "If you believe that someone has interfered

with your right to register or to decline to register to vote or

with your right to privacy in deciding whether to register or in

applying to register to vote, you may file a complaint with the

Elections Division of the Office of the Secretary of State, P.O.

Box 12060, Austin, Texas 78711.";

(7) a statement that if the applicant declines to register to

vote, that fact will remain confidential and will be used only

for voter registration purposes;

(8) a statement that if the applicant does register to vote,

information regarding the agency or office to which the

application is submitted will remain confidential and will be

used only for voter registration purposes; and

(9) a space for indicating that the applicant refused to sign

the declination or kept the application to personally submit it

to the voter registrar.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.004. AGENCY COORDINATOR. (a) A voter registration

agency shall designate one or more persons to coordinate the

agency's voter registration program. The agency shall notify the

secretary of state of the name of each coordinator.

(b) The registration coordinator shall conduct training for

agency employees in voter registration procedures with the

assistance of the secretary of state.

(c) The agency shall submit to the secretary of state a plan to

implement voter registration procedures under this chapter.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.005. DEGREE OF ASSISTANCE. A voter registration agency

shall provide the same degree of assistance, including any

necessary bilingual assistance, to a person in completing a voter

registration form as is provided to a person in completing the

agency's forms, unless the assistance is refused.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.006. DETERMINATION OF ELIGIBILITY. (a) An employee of

a voter registration agency may not make a determination about a

person's eligibility for registration other than a determination

of whether the person is of voting age or is a United States

citizen.

(b) A person's age or citizenship may be determined by the

employee only if the age or citizenship can be readily determined

from information filed with the agency by the person for purposes

other than voter registration.

(c) A person shall be offered voter registration assistance as

provided by this chapter even if the person's age or citizenship

cannot be determined.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.007. PROHIBITED ACTS. An employee of a voter

registration agency may not:

(1) seek to influence an applicant's political party preference;

(2) display any political party preference or allegiance; or

(3) make any statement or take any action the purpose or effect

of which is to:

(A) discourage the applicant from registering to vote; or

(B) lead the applicant to believe that a decision of whether to

register has any bearing on the availability of services or

benefits.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE OR REGISTRAR. If

a question arises concerning voter registration that an agency

employee cannot answer, the employee shall provide the person:

(1) the toll-free telephone number of the Elections Division of

the Office of the Secretary of State; and

(2) the telephone number of the voter registrar to whom

registration applications are submitted.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.009. ADDITIONAL PROCEDURES. The secretary of state

shall prescribe any additional procedures necessary for the

orderly and proper administration of voter registration

procedures under this chapter.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

SUBCHAPTER B. REGISTRATION ASSISTANCE GENERALLY

Sec. 20.031. FORM PROVIDED. A voter registration agency shall

provide a voter registration application form to each person who

is of voting age and a United States citizen in connection with

the person's application for initial services, and also in

connection with any recertification, renewal, or change of

address, unless the person declines in writing to register to

vote.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.032. REGISTRATION PROCEDURES. (a) An appropriate

agency employee shall routinely inform each person who applies in

person for agency services of the opportunity to complete a voter

registration application form and on request shall provide

nonpartisan voter registration assistance to the applicant.

(b) An agency that provides services at a person's residence

shall provide the opportunity to complete the form and the

assistance under Subsection (a) at the residence.

(c) On receipt of a registration application, the appropriate

agency employee shall review it for completeness in the

applicant's presence. If the application does not contain all the

required information and the required signature, the agency

employee shall return the application to the applicant for

completion and resubmission.

(d) Information regarding the agency or office to which an

application is submitted is confidential and may be used only for

voter registration purposes.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO EMPLOYEE.

The date of submission of a completed registration application to

the agency employee is considered to be the date of submission to

the voter registrar for the purpose of determining the effective

date of registration only.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.034. SUBMISSION TO REGISTRAR BY APPLICANT. (a) The

applicant may keep the registration application form or the

completed application to submit the application personally to the

voter registrar.

(b) The agency employee shall enter on the declination of

registration form a notation that after being given the

opportunity to register, the applicant kept the application or

application form for personal submission of the application to

the registrar.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.035. DELIVERY OF APPLICATIONS TO REGISTRAR. (a) The

agency shall deliver to the voter registrar of the county in

which the agency office is located each completed registration

application submitted to an agency employee.

(b) An application shall be delivered to the registrar not later

than the fifth day after the date the application is submitted to

the employee.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.036. DECLINATION OF REGISTRATION. (a) If the applicant

does not wish to complete a voter registration application form,

the agency employee shall request that the applicant complete and

sign an official declination of registration form unless the

employee determines that the applicant has previously completed

and signed the form.

(b) If the applicant refuses to sign the declination form, the

agency employee shall enter on the form a notation of that fact.

(c) The agency shall preserve each declination for at least 22

months after the date of signing. The declination may be retained

in the applicant's file at the agency or in a separate

declination file.

(d) A declination is confidential and may be used only for voter

registration purposes.

(e) The secretary of state shall prescribe the procedures

necessary to eliminate the filing of multiple declinations by an

applicant.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.037. TELEPHONE OR MAIL SERVICES. (a) A voter

registration agency that allows a person to apply for services by

mail shall deliver to an applicant by mail a voter registration

application form on the approval of services for the applicant.

(b) An agency shall deliver to an applicant by mail a voter

registration application form if:

(1) the agency automatically notifies an applicant to renew or

recertify a service by mailing a form to the applicant; or

(2) the applicant requests services by telephone and the agency

provides services in that manner.

(c) An application form delivered by mail must be accompanied by

a notice informing the applicant that the application may be

submitted in person or by mail to the voter registrar of the

county in which the applicant resides or in person to a volunteer

deputy registrar for delivery to the voter registrar of the

county in which the applicant resides.

(d) The agency may maintain a written record indicating that a

registration application was delivered to an applicant.

(e) The agency is not required to deliver a declination of

registration form under this section.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

SUBCHAPTER C. DEPARTMENT OF PUBLIC SAFETY

Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other

provisions of this chapter apply to the Department of Public

Safety except provisions that conflict with this subchapter.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.062. DEPARTMENT FORMS AND PROCEDURE. (a) The

Department of Public Safety shall prescribe and use a form and

procedure that combines the department's application form for a

license or card with an officially prescribed voter registration

application form.

(b) The department shall prescribe and use a change of address

form and procedure that combines department and voter

registration functions. The form must allow a licensee or

cardholder to indicate whether the change of address is also to

be used for voter registration purposes.

(c) The design, content, and physical characteristics of the

department forms must be approved by the secretary of state.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department of

Public Safety shall provide to each person who applies in person

at the department's offices for an original or renewal of a

driver's license, a personal identification card, or a duplicate

or corrected license or card an opportunity to complete a voter

registration application form.

(b) When the department processes a license or card for renewal

by mail, the department shall deliver to the applicant by mail a

voter registration application form.

(c) A change of address that relates to a license or card and

that is submitted to the department in person or by mail serves

as a change of address for voter registration unless the licensee

or cardholder indicates that the change is not for voter

registration purposes. The date of submission of a change of

address to a department employee is considered to be the date of

submission to the voter registrar for the purpose of determining

the effective date of registration only.

(d) If a completed voter registration application submitted to a

department employee does not include the applicant's correct

driver's license number or personal identification card number, a

department employee shall enter the appropriate information on

the application. If a completed application does not include the

applicant's correct residence address or mailing address, a

department employee shall obtain the appropriate information from

the applicant and enter the information on the application.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 454, Sec. 9, eff.

Sept. 1, 1997.

Sec. 20.064. DECLINATION FORM NOT REQUIRED. The Department of

Public Safety is not required to comply with the procedures

prescribed by this chapter relating to the form for a declination

of voter registration.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.065. DELIVERY OF APPLICATIONS AND CHANGES OF ADDRESS.

(a) At the end of each day a Department of Public Safety office

is regularly open for business, the manager of the office shall

deliver by mail or in person to the voter registrar of the county

in which the office is located each completed voter registration

application and applicable change of address submitted to a

department employee.

(b) Each weekday the department is regularly open for business,

the department shall electronically transfer to the secretary of

state the name of each person who completes a voter registration

application submitted to the department. The secretary shall

prescribe procedures necessary to implement this subsection.

(c) On the weekday the secretary of state is regularly open for

business following the date the secretary receives information

under Subsection (b), the secretary shall inform the appropriate

voter registrar of the name of each person who completes a voter

registration application submitted to the department. The

registrar may verify that the registrar has received each

application as indicated by the information provided by the

secretary under this subsection.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995. Amended by Acts 2001, 77th Leg., ch. 1178, Sec. 5, eff.

Jan. 1, 2002.

Amended by:

Acts 2005, 79th Leg., Ch.

1105, Sec. 8, eff. January 1, 2006.

Sec. 20.066. REGISTRATION PROCEDURES. (a) If a person

completes a voter registration application as provided by Section

20.063, the Department of Public Safety shall:

(1) input the information provided on the application into the

department's electronic data system; and

(2) inform the applicant that the applicant's electronic

signature provided to the department will be used for submitting

the applicant's voter registration application.

(b) Not later than the fifth day after the date a person

completes a voter registration application and provides an

electronic signature to the department, the department shall

electronically transfer the applicant's voter registration data,

including the applicant's signature, to the secretary of state.

(c) The secretary of state shall prescribe additional procedures

as necessary to implement this section.

Added by Acts 2001, 77th Leg., ch. 1136, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1105, Sec. 9, eff. January 1, 2006.

SUBCHAPTER D. PUBLIC LIBRARY

Sec. 20.091. APPLICABILITY OF OTHER PROVISIONS. The other

provisions of this chapter apply to a public library except

provisions that conflict with this subchapter.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.092. REGISTRATION PROCEDURE. (a) A public library

shall provide to each person of voting age who applies in person

for an original or renewal of a library card an opportunity to

complete a voter registration application form.

(b) A public library shall use the official form prescribed by

the secretary of state.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.093. DECLINATION FORM NOT REQUIRED. A public library is

not required to comply with the procedures prescribed by this

chapter relating to the form for a declination of voter

registration.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

SUBCHAPTER E. MARRIAGE LICENSE OFFICE

Sec. 20.121. APPLICABILITY OF OTHER PROVISIONS. The other

provisions of this chapter do not apply to a marriage license

office of the county clerk unless expressly provided otherwise by

the other provision or by rule of the secretary of state.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.122. REGISTRATION PROCEDURES. (a) When an original

marriage license is returned to the licensees after being

recorded, the county clerk shall also deliver to the licensees by

mail two voter registration application forms.

(b) The county clerk shall use the official form prescribed by

the secretary of state.

(c) The application forms must be accompanied by a notice

informing the licensees that the applications may be submitted in

person or by mail to the voter registrar of the county in which

they reside or in person to a volunteer deputy registrar for

delivery to the voter registrar of the county in which they

reside.

(d) The county clerk may maintain a written record indicating

that a registration application was delivered to a licensee.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.

Sec. 20.123. DECLINATION FORM NOT REQUIRED. The county clerk is

not required to comply with the procedures prescribed by this

chapter relating to the form for a declination of voter

registration.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 33, eff. Sept. 1,

1995.