Voting in Texas
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Contents
- 1 Voter registration
- 2 Voting in elections
- 3 Absentee voting
- 4 Early voting
- 5 Convicted felons' voting rights
- 6 Election administration costs
- 7 Election agencies
- 8 Noteworthy events
- 9 Election policy ballot measures
- 10 Election policy legislation
- 11 Early voting in Texas primaries, 2018
- 12 Recent news
- 13 See also
- 14 External links
- 15 Footnotes
Voting policies are enacted and enforced primarily at the state level. These policies, which include voter identification requirements, early voting provisions, online voter registration systems, and more, dictate the conditions under which American citizens cast their ballots in their individual states.
This page includes the following:
- Voter registration details, including methods of registering and requirements
- Details on voting in elections, including identification requirements, poll times, and primary election type
- Absentee/mail-in voting rules[1]
- Early voting rules
- Convicted felons' voting rights
- Election administration costs report
- Election agencies list
- Election policy ballot measures list
- Election policy legislation list
See Election governance in Texas for more detailed information about election and voting policy in the state, including voter list maintenance policies, provisional ballot rules, and post-election auditing practices.
Voter registration
To register to vote in Texas, an applicant must be a United States citizen, a resident of the county in which he or she is registering, and at least 17 years and 10 months old.[2]
The deadline to register to vote is 30 days before the election. Prospective voters can request a postage-paid voter registration form online or complete the form online and return it to the county voter registrar. Applications are also available at a variety of locations including the county voter registrar’s office, the secretary of state’s office, libraries, and high schools. Voter registration certificates are mailed to newly registered voters.[3]
Automatic registration
Texas does not practice automatic voter registration.
Online registration
- See also: Online voter registration
Texas does not permit online voter registration.
Same-day registration
Texas does not allow same-day voter registration.
Residency requirements
Prospective voters must reside in the county in which they are registering to vote.
Verification of citizenship
Texas does not require proof of citizenship for voter registration. Section 18.068 of the Texas Election Code says the following:
| “ |
The secretary of state shall quarterly compare the information received under Section 16.001 of this code and Section 62.113, Government Code, to the statewide computerized voter registration list. If the secretary determines that a voter on the registration list is deceased or has been excused or disqualified from jury service because the voter is not a citizen, the secretary shall send notice of the determination to the voter registrar of the counties considered appropriate by the secretary.[4] |
” |
| —Section 18.068, Texas Election Code[5] | ||
In January 2019, the Texas secretary of state’s office announced that it would be providing local election officials with a list of registered voters who obtained driver’s licenses or IDs with documentation such as work visas or green cards. Counties would then be able to require voters on the list to provide proof of citizenship within 30 days.[6] The review was halted by a federal judge in February 2019, and Secretary of State David Whitley rescinded the advisory in April.[7][8] A news release from Whitley’s office stated that “... going forward, the Texas Secretary of State's office will send to county voter registrars only the matching records of individuals who registered to vote before identifying themselves as non-U.S. citizens to DPS when applying for a driver's license or personal identification card. This will ensure that naturalized U.S. citizens who lawfully registered to vote are not impacted by this voter registration list maintenance process.”[9]
Verifying your registration
The Texas Secretary of State’s office allows residents to check their voter registration status online by visiting this website.
Voting in elections
Voter identification
- See also: Voter identification laws by state
Texas requires voters to present photo identification while voting.[10]
The following list of accepted ID was current as of November 2019. Click here for the Texas Secretary of State's page on accepted ID to ensure you have the most current information.
- Texas driver’s license issued by the Texas Department of Public Safety (DPS)
- Texas Election Identification Certificate issued by DPS
- Texas Personal Identification Card issued by DPS
- Texas handgun license issued by DPS
- United States Military Identification Card containing the person’s photograph
- United States Citizenship Certificate containing the person’s photograph
- United States passport (book or card)
Identification provided by voters aged 18-69 must be expired for no more than four years before the election date. Voters aged 70 and older can use an expired ID card regardless of how long ago the ID expired.[10]
Voters who are unable to provide one of the ID options listed above can sign a Reasonable Impediment Declaration and provide one of the following supporting documents:[10]
- Copy or original of a government document that shows the voter’s name and an address, including the voter’s voter registration certificate
- Copy of or original current utility bill
- Copy of or original bank statement
- Copy of or original government check
- Copy of or original paycheck
- Copy of or original of (a) a certified domestic (from a U.S. state or territory) birth certificate or (b) a document confirming birth admissible in a court of law which establishes the voter’s identity (which may include a foreign birth document)
The following voters are exempt from showing photo ID:[10]
- Voters with a disability
- Voters with a disability "may apply with the county voter registrar for a permanent exemption to presenting an acceptable photo identification or following the Reasonable Impediment Declaration procedure in the county."
- Voters who have a religious objection to being photographed
Voters who do not have a photo ID can obtain a Texas Election Identification Certificate (EIC) at any Texas driver’s license office during regular business hours. Voters can also obtain an Election Identification Certificate from a mobile station. Locations are listed here.[10]
Background
Before Section 5 of the Voting Rights Act was overturned on June 25, 2013, Texas' voter identification law, SB 14, required preclearance by the United States Department of Justice (DOJ) before taking effect. SB 14 required that every voter must present one of the following at his or her polling place: a Texas driver's license, a Texas Election Identification Certificate, a Texas personal identification card, a Texas concealed handgun license, a United States Military Identification Card containing the person’s photograph, a United States citizenship certificate containing the person’s photograph, or a United States passport. Preclearance was denied on March 13, 2012, and a lawsuit was subsequently filed by the state. On August 30, 2012, a three-judge panel in the United States District Court for the District of Columbia unanimously struck down the voter ID law. The court ruled that the law would negatively impact minority voter turnout and impose strict burdens upon the poor.[11]
The state filed a lawsuit against the ruling, beginning several years of hearings and rulings across the federal judiciary. On April 27, 2018, a three-judge panel of the United States Court of Appeals for the 5th Circuit issued a 2-1 ruling reversing the earlier district court order that had barred the state from enforcing the provisions of its voter ID law.[12] On June 19, 2018, the Fifth Circuit dismissed a further appeal, allowing Texas' voter ID law to stand.[13]
To read a full summary of the cases related to SB 14, click here.
As of April 2021, 35 states enforced (or were scheduled to begin enforcing) voter identification requirements. A total of 21 states required voters to present photo identification at the polls; the remainder accepted other forms of identification. Valid forms of identification differ by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.[14][15]
Poll times
- See also: State poll opening and closing times
In Texas, all polling places are open from 7 a.m. to 7 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote. Texas is divided between Central and Mountain time zones.[16]
Primary election type
- See also: Primary elections in Texas
A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. Texas utilizes an open primary system. Voters do not have to register with a party in advance in order to participate in that party's primary. The voter must sign a pledge stating the following (the language below is taken directly from state statutes):[17][18]
| “ | The following pledge shall be placed on the primary election ballot above the listing of candidates' names: 'I am a (insert appropriate political party) and understand that I am ineligible to vote or participate in another political party's primary election or convention during this voting year.'[4] | ” |
Absentee voting
- See also: Absentee voting
Texas voters are eligible to vote absentee in an election if:
- They cannot make it to the polls on Election Day because they will be away from the county on Election Day and during early voting;
- They are sick or disabled;
- They are 65 years of age or older; or
- They are confined in jail.[19]
To vote absentee, a request must be received by county election officials no later than close of regular business on the eleventh day before the election. The completed ballot must then be returned by the close of polls on Election Day.[20]
Early voting
- See also: Early voting
Texas permits early voting. Learn more by visiting this website.
As of April 2021, 38 states and the District of Columbia permitted early voting. Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit early voting, a voter does not have to provide an excuse for being unable to vote on election day. States that do not permit early voting still permit some or all citizens to vote early by mail—often known as absentee voting. Some states allow no-excuse absentee voting, while others require an excuse. States that allow in-person absentee voting without an excuse are counted among early voting states. Click here for early voting laws by state.[21]
Convicted felons' voting rights
- See also: Voting rights for convicted felons
In Texas, persons who receive a final felony conviction regain their voting rights automatically upon completion of their entire sentence, including incarceration, parole, probation, or supervision–voting rights can also be restored before the completion of the sentence with a pardon. A final felony conviction includes only the sentence pertaining to the crime. Click here for more information on Texas's treatment of felony convictions and voting rights.
Voting rights for convicted felons vary from state to state. In the majority of states, convicted felons cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.[22][23][24]
Election administration costs
National Conference of State Legislatures report, 2018
On February 14, 2018, the National Conference of State Legislatures (NCSL) released a report on the costs of election administration in the states: "The Price of Democracy: Splitting the Bill for Elections." The report's authors noted that "no one knows how much [states] spend on elections ... [because] good research on election costs is slim." Generally, local units of government (most often counties, but sometimes cities and towns) are primarily responsible for election administration costs, though states and the federal government may also contribute. The report identified the states listed in the table below as assuming financial responsibility for at least some aspects of election administration.[25]
To access the complete NCSL report, click here.
| Election administration costs assumed by state | |||
|---|---|---|---|
| State pays all expenses for federal or state elections | State bears a portion of election costs | State pays for statewide special elections or statewide elections that don’t coincide with regularly scheduled elections | State pays for primary elections (statewide, presidential, or both) |
| Alaska Delaware |
Alabama Colorado Hawaii Kentucky Louisiana Rhode Island |
Arkansas Florida Iowa Michigan Missouri New Jersey North Dakota Ohio Oregon Pennsylvania Tennessee Washington West Virginia |
Arizona Arkansas Idaho Kansas Michigan Minnesota Missouri South Carolina Tennessee Texas Virginia Washington |
| Note: If a state is not listed above, it was not included in the report. Source: National Conference of State Legislatures, "The Price of Democracy: Splitting the Bill for Elections," February 14, 2018 | |||
Election agencies
- See also: State election agencies
Individuals seeking additional information about voting provisions in Texas can contact the following state and federal agencies.
Texas Secretary of State
- James E. Rudder Bldg.
- 1019 Brazos St.
- Austin, Texas 78701
- Telephone: 512-463-5650
- Email: elections@sos.texas.gov
U.S. Election Assistance Commission
- 1335 East West Highway, Suite 4300
- Silver Spring, Maryland 20910
- Telephone: 866-747-1471
Noteworthy events
2018-2020
On March 30, 2018, United States District Court Judge Orlando Garcia issued an order indicating that Texas officials had violated the federal National Voter Registration Act by failing to register eligible voters who updated their driver's license records online. The National Voter Registration Act requires states to provide for voter registration opportunities when citizens apply for or renew their driver's licenses. The one-page order did not detail a required remedy for the violation. On May 10, 2018, Garcia ordered the parties to the suit to submit proposed remedies to the court by May 17, 2018. In this order, Garcia wrote the following:[26][27]
| “ | [The Texas Department of Public Safety (DPS)] encourages Texans to use its online services to renew their driver's license and change their address because it is easier and more convenient. It cannot, at the same time, deny simultaneous voter registration applications when those online services are used. DPS is legally obligated, as a designated voter registration agency under the [National Voter Registration Act (NVRA)], to permit a simultaneous voter registration application with every transaction. Asking motor voters whether they are interested in voter registration and sending them to [the Secretary of State] for an entirely separate application process is not enough. The NVRA demands much more from voter registration agencies.[4] | ” |
| —Judge Orlando Garcia | ||
On May 31, 2018, the United States Court of Appeals for the Fifth Circuit temporarily stayed Garcia's ruling pending appeal, permitting voter registration in Texas to proceed as it had prior to Garcia's ruling. On November 13, 2019, a three-judge panel of the appeals court reversed Garcia's ruling, finding that the plaintiffs who brought the original suit did not have standing to sue because they had, since suing, successfully registered to vote and no longer suffered harm under the state's registration practice.[28][29]
On August 28, 2020, Garcia again found that Texas had violated the federal National Voter Registration Act by failing to register eligible voters who updated their driver's license records online. Garcia ordered state officials to "immediately take all remaining steps necessary to come into compliance with the NVRA and the U.S. Constitution and establish a DPS System that treats each online driver's license renewal or change-of-address applications as a simultaneous application for voter registration."[30]
Election policy ballot measures
Ballotpedia has tracked the following ballot measures relating to election and campaign policy in Texas.
- Texas Appointment of Presidential Electors, Proposition 6 (2001)
- Texas Election of Railroad Commissioners, Proposition 2 (1894)
- Texas Elections With Unopposed Candidates, Proposition 18 (September 2003)
- Texas Elections for Assessor-Collector of Taxes, Proposition 3 (1954)
- Texas Elections for County Surveyors, Proposition 15 (1993)
- Texas Elections with Unopposed Candidates, Proposition 8 (September 2003)
- Texas Legislative Vacancies, Proposition 9 (2001)
- Texas Military Poll Tax Exemption, Proposition 1 (August 1945)
- Texas Military Voting Qualifications, Proposition 2 (1954)
- Texas Poll Tax, Proposition 7 (1966)
- Texas Poll Tax Payment, Proposition 1 (1902)
- Texas Poll Tax and Voter Registration, Proposition 1 (1963)
- Texas Poll Tax and Voter Registration, Proposition 4 (1949)
- Texas Qualifications to Vote on Bond Issues, Proposition 7 (1932)
- Texas State Debt Ballot Questions, Proposition 8 (1991)
- Texas Voter Qualifications, Proposition 1 (July 1921)
- Texas Voter and Election Constitutional Provisions, Proposition 3 (1975)
- Texas Voting Requirements, Proposition 2 (1896)
- Texas Voting Requirements, Proposition 8 (1966)
- Texas Voting in Different Precincts, Proposition 1 (July 1915)
- Texas Voting in the Armed Forces, Proposition 14 (1966)
Election policy legislation
The following is a list of recent election bills that have been introduced in or passed by the Texas state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.
Early voting in Texas primaries, 2018
Click here to learn about historic early voting turnout for both parties in Texas.
Recent news
The link below is to the most recent stories in a Google news search for the terms Texas voting. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
Elections in Texas
- Texas elections, 2022
- Texas elections, 2021
- Texas elections, 2020
- Texas elections, 2019
- Texas elections, 2018
- Texas elections, 2017
- Texas elections, 2016
- Texas elections, 2015
- Texas elections, 2014
External links
Footnotes
- ↑ We use the term "absentee/mail-in voting" to describe systems in which requests or applications are required. We use the term "all-mail voting" to denote systems where the ballots themselves are sent automatically to all voters. We use the hyphenate term for absentee voting because some states use “mail voting” (or a similar alternative) to describe what has traditionally been called "absentee voting."
- ↑ Texas Secretary of State, “Request for Voter Registration Applications,” accessed October 6, 2019
- ↑ Texas Secretary of State, “Texas Voting,” accessed October 6, 2019
- ↑ 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Texas Constitution and Statutes, “Election Code,” accessed October 6, 2019
- ↑ The Texas Tribune, “Texas officials flag tens of thousands of voters for citizenship checks,” January 25, 2019
- ↑ The New York Times, “Federal Judge Halts ‘Ham-Handed’ Texas Voter Purge,” February 28, 2019
- ↑ The New York Times, “Texas Ends Review That Questioned Citizenship of Almost 100,000 Voters,” April 26, 2019
- ↑ Texas Secretary of State, “Secretary Whitley Announces Settlement In Litigation On Voter Registration List Maintenance Activity,” accessed October 6, 2019
- ↑ 10.0 10.1 10.2 10.3 10.4 Texas Secretary of State, "Required Identification for Voting in Person," accessed October 28, 2019
- ↑ United States District Court for the District of Columbia, "Texas v. Holder, Opinion," August 30, 2012
- ↑ United States Court of Appeals for the 5th Circuit, "Veasey v. Abbott, Opinion," April 27, 2018
- ↑ United States Court of Appeals for the 5th Circuit, "Veasey v. Abbott, Opinion," June 19, 2018
- ↑ National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," June 5, 2017
- ↑ The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014
- ↑ VoteTexas.gov, "Who, What, Where, When, How," accessed October 17, 2019
- ↑ Fair Vote, "Congressional and Presidential Primaries: Open, Closed, Semi-Closed, and 'Top Two,'" accessed January 2, 2014
- ↑ Texas Statutes, "Section 172.086," accessed February 5, 2018
- ↑ VoteTexas.gov, "FAQ," accessed December 16, 2013
- ↑ VoteTexas.gov, "Early Voting," accessed December 16, 2013
- ↑ National Conference of State Legislatures, "State Laws Governing Early Voting," August 2, 2019
- ↑ Texas Secretary of State Ruth R. Hughs, "Request for Voter Registration Applications," accessed October 21, 2019
- ↑ National Conference of State Legislatures, "Felon Voting Rights," accessed July 15, 2014
- ↑ American Civil Liberties Union, "State Criminal Re-enfranchisement Laws," accessed September 13, 2019
- ↑ National Conference of State Legislatures, "The Price of Democracy: Splitting the Bill for Elections," February 14, 2018
- ↑ The Texas Tribune, "Federal judge: Texas is violating national voter registration law," April 3, 2018
- ↑ United States District Court for the Western District of Texas, "Stringer v. Pablos: Order," May 10, 2018
- ↑ Star-Telegram, "Appeals court temporarily blocks online voter registration for Texas drivers," May 31, 2018
- ↑ The Texas Tribune, "Appeals court overturns mandate for Texas to implement online voter registration for drivers," November 13, 2019
- ↑ United States District Court for the Western District of Texas, "Stringer v. Hughs: Second Order Granting Motion for Preliminary Injunction," August 28, 2020
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