ELECTION CODE
CHAPTER 13. APPLICATION FOR REGISTRATION; INITIAL REGISTRATION
SUBCHAPTER A. ELIGIBILITY; MANNER OF APPLYING FOR REGISTRATION
§ 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 mentally incompetent by a
final judgment of a court;
(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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 23, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 16, § 6.02, eff. Aug. 26, 1991; Acts 1993,
73rd Leg., ch. 916, § 27, eff. Sept. 1, 1993; Acts 1997, 75th
Leg., ch. 850, § 2, eff. Sept. 1, 1997.
§ 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. 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 mentally incompetent by a final judgment of a court;
(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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 436, § 1, eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 472, § 1, eff. Sept. 1, 1987; Acts 1987,
70th Leg., ch. 920, § 1, eff. Sept. 1, 1987; Acts 1989, 71st
Leg., ch. 2, § 7.02, eff. Aug. 28, 1989; Acts 1993, 73rd Leg.,
ch. 916, § 30(c), eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch.
390, § 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 797, §
2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 454, § 1, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1315, § 1, eff. Jan. 1,
2004.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 436, § 2, eff. Sept. 1, 1987.
§ 13.004. RECORDING AND DISCLOSURE OF TELEPHONE, SOCIAL
SECURITY, DRIVER'S LICENSE, OR PERSONAL IDENTIFICATION NUMBER 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) A social security number, Texas driver's license
number, or number of a personal identification card issued by the
Department of Public Safety furnished on a registration application
is confidential and does not constitute public information for
purposes of Chapter 552, Government Code. The registrar shall
ensure that a social security number, Texas driver's license
number, or number of a personal identification card issued by the
Department of Public Safety is excluded from disclosure.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 454, § 2, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 606, § 1, 2, eff. Sept. 1, 2003.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 6, eff. Sept. 1, 1997.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 436, § 3, eff. Sept. 1, 1987; Acts
1995, 74th Leg., ch. 797, § 3, eff. Sept. 1, 1995.
SUBCHAPTER B. VOLUNTEER DEPUTY REGISTRARS; HIGH SCHOOL DEPUTY
REGISTRARS
§ 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 be 18 years of age or older.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 13.032. PROHIBITION ON REFUSING TO APPOINT. A
registrar may not refuse to appoint as a volunteer deputy
registrar:
(1) a resident of the county served by the registrar;
or
(2) any person on the basis of sex, race, creed, color,
or national origin or ancestry.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 916, § 3, eff. Sept. 1, 1993.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 916, § 4, eff. Sept. 1, 1993.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 916, § 5, eff. Sept. 1, 1993.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 7, eff. Sept. 1, 1997.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 2, eff. Sept. 1, 1987.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 279, § 1, eff. Sept. 1, 1991; Acts
1995, 74th Leg., ch. 797, § 4, eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 864, § 8, eff. Sept. 1, 1997.
SUBCHAPTER C. ACTION ON APPLICATION BY REGISTRAR
§ 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, § 1, eff. Jan. 1, 1986.
§ 13.072. ACTION ON APPLICATION. (a) If the registrar
determines that an application complies with Section 13.002 and
indicates that the applicant is eligible for registration, the
registrar shall approve the application unless the registrar
challenges the applicant.
(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, § 44,
eff. Sept. 1, 2003.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 415, § 1, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 559, § 1, eff. Sept. 1, 1991; Acts 1997,
75th Leg., ch. 1349, § 4, eff. Sept. 1, 1997; Acts 2003, 78th
Leg., ch. 1316, § 5, 44, eff. Sept. 1, 2003.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 2003, 78th Leg., ch. 1316, § 6, eff. Sept. 1, 2003.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
SUBCHAPTER D. APPLICATION FILES
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 5, eff. Sept. 1, 1995.
SUBCHAPTER E. OFFICIAL APPLICATION FORMS
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 3, eff. Sept. 1, 1987; Acts
2003, 78th Leg., ch. 1315, § 2, eff. Jan. 1, 2004.
§ 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; and
(12) 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.
(d) The secretary of state shall prescribe procedures to
inform an applicant who applies for registration by mail of the
requirement that before voting for the first time in an election for
federal office an applicant must provide a copy of a document
described by Section 63.0101 that establishes the applicant's
identity. The procedures must include providing an instructional
sheet to be distributed with the official registration application
form describing the requirement and a method by which an applicant
may submit the document along with the official registration
application form. This subsection expires on the earlier of:
(1) January 1, 2006; or
(2) the date the secretary of state certifies that the
statewide computerized voter registration list has been
implemented.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 16, § 6.03, eff. Aug. 26, 1991; Acts
1991, 72nd Leg., ch. 442, § 7, eff. Jan. 1, 1992; Acts 1991, 72nd
Leg., ch. 559, § 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch.
631, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 916, §
30(b), eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 797, § 6,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 454, § 3, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1315, § 3, eff. Jan. 1,
2004.
SUBCHAPTER F. INITIAL REGISTRATION
§ 13.141. REGISTRATION NUMBER. (a) The registrar
shall assign a registration number to each person to be registered
as a voter.
(b) The secretary of state may prescribe a uniform system
for assigning voter registration numbers. If a uniform system is
not prescribed, the registrar shall use a system that promotes
efficient and accurate administration of voter registration.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 436, § 10, eff. Sept. 1, 1989; Acts
1987, 70th Leg., ch. 472, § 53, eff. Sept. 1, 1989.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 416, § 1, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 203, § 2.31; Acts 1991, 72nd Leg., ch. 554,
§ 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 916, § 6,
eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 454, § 4, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1349, § 5, eff. Sept. 1,
1997.
§ 13.144. DELIVERY OF INITIAL CERTIFICATE TO
VOTER. (a) 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) The registrar shall deliver the certificate in time for
the applicant to receive it before the effective date of the
registration.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 7, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 62, § 5.01, eff. Sept. 1,
1999.
