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1 o report any problems, Texas 2018 call OUR-VOTE ( ) Frequently Asked Questions Disclaimer: This guide is designed for informational purposes only. It is not legal advice and is not intended to create an attorney-client relationship. The Election Protection Coalition does not warrant any information contained in this guide, nor does the Coalition suggest that the information in this guide should be used as a basis to pursue legal advice or decision-making. Note: This FAQ is not exhaustive. Situations or inquiries may arise that are not answered below. In those circumstances, contact your hotline captain or command center for assistance. Please make sure to record all of the voter s contact information should follow-up be necessary. 1. Am I registered to vote? 2. Where do I vote? 3. When do the polls open/close? 4. When is/was the voter registration deadline? 5. Can I vote without providing identification? 6. I have moved and I didn t update my voter registration, can I vote? 7. What should I do if there are equipment problems at my precinct? 8. I am a registered voter who is not on the rolls where I currently am. Can I vote where I am? 9. My name isn t popping up on the list of registered voters could it have been removed? 10. I have a criminal conviction. Can I vote? 11. I have been offered a provisional ballot. What should I do? TABLE OF CONTENTS 12. I am a college student. Can I register to vote where I go to school? 13. I am physically disabled and need assistance. Will my polling place be accessible? 14. I am blind, physically disabled, or cannot read English and require assistance in order to vote. Can I get assistance at the polls? 15. I don t know how to use the voting equipment. Can I get help? 16. Can I vote absentee or vote in person before election day? 17. What if I requested an absentee ballot but I want to vote in person on election day? 18. Does my state have same-day registration? If so, what is the process? 19. What rules apply to people campaigning or hanging around my polling place? Can people approach me? 20. Someone is formally challenging my right to vote. What do I do? 1. Am I registered to vote? You can determine whether a voter is registered by checking the Texas secretary of state s website ( or by calling the voter registrar s office in the county where they reside (phone numbers are available at 2. Where do I vote? You can determine a voter s polling location by checking the Texas secretary of state s website ( If a voter has moved recently and has not updated their voter registration, refer to Question 6.

2 3. When do the polls open and close? The polls must be open from 7:00 a.m. to 7:00 p.m. Central on Election Day. 1 A voter inside or waiting to enter the polling location by 7:00 p.m. is entitled to vote When is/was the voter registration deadline? Voters must apply to register to vote 30 days before Election Day. 3 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. Voters can register in person at their voter registrar s office or fill out an application online, print it, and send it in by mail to their voter registrar s office (application available at ; addresses for all voter registrar s offices are listed at 5. Can I vote without providing identification? If a voter possesses a valid photo identification, they must present it at the polling place in order to vote. 4 Acceptable forms of photo ID include: 5 Driver s License issued by Texas Department of Public Safety (DPS); Texas personal identification card issued by DPS; Texas Election Identification Certificate issued by DPS (please note that EICs are not currently being issued); US military identification card with photo; US Citizenship Certificate with photo; US Passport; Texas license to carry a handgun issued by DPS. With the exception of the U.S. citizenship certificate, the identification must be current or have expired no more than 4 years before being presented for voter qualification at the polling place. A person 70 years of age or older may use a form of identification listed in Subsection (a) that has expired for the purposes of voting if the identification is otherwise valid. Individuals who have a reasonable impediment to obtaining such identification may present the following: 6 A copy of a current utility bill; A bank statement; A government check; A government document that shows your name and an address, including your voter registration certificate; A paycheck; A certified copy of a domestic birth certificate or other document confirming birth that is admissible in a court of law and establishes the person's identity. Such individuals must also sign a document stating that they have reasonable difficulty in obtaining photo ID. Individuals with ID or alternatives will receive a regular ballot. Those who possess acceptable ID but have not brought it may vote provisionally. They will then have six (6) days to present an acceptable form of photo identification to the county voter registrar, or fill out the natural disaster or religious objection

3 affidavit. 7 While election officials may ask the voter if they have an acceptable photo ID, election officials cannot question or challenge voters concerning the voter s lack of that ID. The reasonableness of a voter s difficulty in obtaining photo ID cannot be questioned by election officials. 8 Note: The address on either the photo ID or the alternative documentation does not need to match the address on the voter registration list I have moved and I didn t update my voter registration, can I vote? If the voter has moved within the same precinct or to another precinct within the same county, the voter should update their registration address with the Texas Secretary of State before the voter registration deadline. Voters can update their address online for free ( Election officers are required to check if the voter s address is current before allowing them to vote. 10 If it is past the voter registration deadline and the voter has not updated their address, the answer to this question will depend on where the voter moved: Moved within the same Moved to a different precinct Moved to a different county precinct but within the same county The voter should vote at the polling place associated with the voter s old/new address (polling location will be the same for both). To find the correct polling location, see Question The voter should vote at the polling location associated with the voter s old address. A voter who has moved and is still registered at their old address may vote a regular ballot at any polling location during early voting and will be required to complete a statement of residence (early voting sites are universal statewide). 12 The voter must also submit a statement of residence to the election officer. 13 A voter who has moved and is still registered at their old address, regardless of active or suspended status, may vote a regular ballot at any polling location during early voting and will be required to complete a statement of residence (early voting sites are universal state wide) What should I do if there are equipment problems at my precinct? The voter must register to vote in their new county by the deadline for voter registration (see Question 4). If the voter has not updated their registration, the voter cannot cast a ballot on election day. There is a limited ballot option for early voting (see Question 8). A voter who has moved and is still registered at their old address may vote a limited ballot at the main early voting polling location or by mail during early voting and will be required to complete an affidavit of eligibility (early voting sites are universal state wide). 15 Voters should immediately notify election officers if there are problems with the voting equipment at the voter s polling location. The presiding election judge at the polling location can choose to use the

4 remaining operational equipment or use regular paper ballots. 16 Voters should request a regular paper ballot if not offered. If you are a hotline volunteer and learn of equipment not working properly at a polling location, notify your hotline captain, who will notify a voting machine expert or speak with election officials. If you are a field volunteer at a polling location and the equipment is not working properly, notify the command center, which will then notify a machine voting expert. 8. I am a registered voter who is not on the rolls at the precinct where I currently am. Can I vote where I am? A voter must vote in their assigned precinct on Election Day. If a voter casts a ballot in a precinct they are not registered in, the ballot will not be counted. 17 If a voter votes by provisional ballot (which should be a last resort), they must swear that they are a resident of that political subdivision and precinct before casting their ballot. There is an exception to this rule for early voting. If the voter moved to a new county and did not register in that county in time, they may vote a limited ballot in the new county during the early voting period. 18 The limited ballot will only include candidates and measures that are common between the voter s former and new county. The voter will be eligible for a limited ballot only if they were formerly registered in their old county and have not submitted a voter registration application that will be effective by Election Day. 9. My name isn t popping up on the list of registered voters could it have been removed? If a voter s name does not appear on the list of registered voters for the polling location, and the voter has the required identification (See Question 5), the voter can cast a regular ballot if the voter presents their voter registration certificate showing that either the voter is registered in that precinct or the voter is registered in a different precinct within the same county and the voter provides a written statement that the voter 1) is currently a resident in the precinct they are attempting to vote in, 2) was a resident of that precinct at the time the voter's address was last provided to the voter registrar, 3) did not provide false information, and 4) is only voting once in the election. 19 A voter who does not have a voter registration certificate and whose name is not on the list of registered voters may vote by provisional ballot. 20 The voter must follow the instructions for casting a provisional ballot listed in Question 5. The Secretary of State or the local voter registrar are required to remove a voter s name from the voter registration list if they receive any of the following: 21 Notice that the voter resides in a county outside of the county the voter is registered in; Notice that the voter is deceased; Evidence of a final judgment regarding the voter s mental incapacity to vote; Evidence of a final judgment regarding a voter s felony conviction; Notice that the voter has applied for a limited ballot in another county; Notice that the voter has registered to vote outside the state of Texas; Notice that the voter has registered to vote in another county; Notice that the voter is not a U.S. citizen; 22 A written, signed request from the voter to cancel their registration.23

5 If a voter is notified that their registration has been cancelled, the voter may challenge the cancellation. To challenge the cancellation, the voter must submit a written, signed request to the voter registrar for a hearing. 24 The voter registrar must conduct a hearing within 10 days of receiving the request.25 If the voter registrar determines that the voter s registration should not have been cancelled, the voter s registration will be reinstated immediately. 26 If the voter registrar determines the cancellation was proper, the voter s registration is cancelled. If the voter subsequently becomes eligible, the voter must reregister. Note that you can take steps to help to determine why a voter s name is not popping up on the list of registered voters: Check the voter s registration status using the registration lookup tool to make sure they are registered to vote and at the right place. (see Question 1) Has the voter moved recently? Could they be registered at an old address? Check that address in the registration lookup tool. (see Question 1 and Question 6) Has the voter changed their name recently, or could they be registered under a different name? Check that name (and any variations of the voter s name, especially for hyphenated names, which sometimes trip up databases) in the registration lookup tool. (see Question 1) When/where did the voter register to vote? Was that before the deadline? 10. I have a criminal conviction. Can I vote? A person who has been finally convicted of a felony cannot vote in Texas unless the person has fully discharged their sentence (i.e. completed parole and probation) or has been pardoned. 27 A person can still vote if they have been convicted of a misdemeanor or if they have been charged with but not convicted of a felony. 11. I have been offered a provisional ballot. What should I do? Inquire why the voter was offered a provisional ballot. Typically, a voter should be offered a provisional ballot only when: 28 The voter does not have the proper identification; The voter s name is not on the list of registered voters for the polling location and their voter registration cannot be verified while at the polling location; The voter applied for an early voting/absentee ballot and did not vote early by mail. Other than for these reasons, the voter should cast a regular ballot. A provisional ballot should be a last resort. Before receiving the provisional ballot, the voter must complete a form/affidavit stating that the voter is eligible to vote in that precinct. If the voter does cast a provisional ballot, an election officer must provide the voter written information explaining the procedure the voter must follow to have their vote counted. 29 After the election, the early voting ballot board will determine whether the voter s ballot will be counted. This information is made available to the voter by the secretary of state I am a college student. Can I register to vote where I go to school? If a voter attends college in Texas, they may register and vote in Texas if they have a present intention to remain at their school address for the time being, and intend to make it their principal home. If they attend college outside of Texas, they are still considered a Texas resident as long as they intend to make Texas their principal home. 31

6 13. I am physically disabled and need assistance. Will my polling place be accessible? Yes. Each polling place is required by law to be accessible and usable by persons with physical disabilities. 32 In addition, each polling place is required by law to provide at least one voting station that allows for practical and effective use by persons with physical disabilities. 33 While polling places are required by law to be accessible, many are not. If a voter is unable to enter the polling place without personal assistance or likelihood of injuring the voter s health, the voter may request that an election officer deliver a ballot to the voter at the polling place entrance or curb. The voter may also request that a person accompanying the voter be permitted to select and cast the voter s ballot instead of an election officer I am blind, physically disabled, or cannot read English and require assistance in order to vote. Can I get assistance at the polls? Yes. Any voter who needs assistance voting is entitled to have some person of their choice, other than the voter s employer, an agent of the employer, or an officer or agent of the voter s union, mark the voter s choices or assist the voter in marking their choices on the ballot. 35 Otherwise, two election officers should provide the voter with assistance. In this case, each officer must be aligned with a different political party if possible. 36 All counties must provide voting materials in both English and Spanish. In addition, federal and Texas law requires that bilingual ballots, instructions, voting materials, and poll workers be made available to voters who speak a different language and in certain counties: 37 Chinese: Harris County Kickapoo: Maverick County Pueblo: El Paso County Vietnamese: Harris County Vietnamese: Tarrant County. 15. I don t know how to use the voting equipment. Can I get help? Yes. Texas law permits election officials to provide voters with general information regarding the ballot and the operation of voting equipment. 38 In addition, polling places must have an instruction poster displayed both at each voting station, and in at least one other location at the polling place where the poster can be read by those waiting to vote. The poster must include instructions for: marking and depositing the ballot; voting for a write-in candidate; casting a straight-party vote; casting a provisional ballot; and securing an additional ballot if the voter s original ballot is spoiled Can I vote absentee or vote in person before Election Day? Early voting allows registered voters to vote by mail or in-person before Election Day. 40 There are three types of voting before Election Day in Texas:

7 1) Absentee voting by mail (also called early voting by mail): You may vote early by mail if: 41 You will be away from your county on election day and during early voting; You are sick or disabled; You are 65 years of age or older on election day; or You are confined in jail, but eligible to vote. Voters can obtain an absentee ballot application on the Secretary of State Division of Elections website ( the secretary of state s office, or the early voting clerk in the voter s county. They may also request a ballot be sent to them. You may send in your application for a ballot by mail by: 42 Regular mail; Common or contract carrier; Fax (if a fax machine is available to the early voting clerk); or Electronic transmission of a scanned and signed application. The absentee ballot request must be received (not postmarked) by the voter s early voting clerk no later than the 11 th day before election day, or the preceding business day. All applications to vote by mail must be received by the early voting clerk before the close of regular business or 12 noon, whichever is later. 43 If you ballot is NOT postmarked, the early voting clerk must receive your marked ballot by the close of polls on Election Day (usually 7 p.m.). If the ballot IS postmarked, then it must be received before 7 PM on Election Day, then it must arrive at the voting clerk s office no later than 5 PM the day following Election Day. If your ballot is submitted from outside the United States, it must be sent by Election Day, but will be accepted if it is received after the 5th day after election day (or the next business day if the 5 th day is a weekend or holiday). 44 2) Early voting (also called in-person absentee voting): Any qualified voter is eligible to vote early in person. 45 (The locations and times of early voting polling places for the voter s specific county may be found at 3) Military-Overseas Citizens Absentee Voting: Absent uniformed service members (and their eligible dependents) and U.S. citizens living outside of the United States may request an absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). The secretary of state shall provide members of the U.S. armed forces, their spouses, and their qualified dependents with a means of casing their vote via fax or other electronic means if they are casting their ballot from certain designated areas. 46 (Step-by-step assistance and forms are available at What if I requested an absentee ballot but I want to vote in person on Election Day? 47 If a voter requested an absentee ballot but instead chooses to vote in person on Election Day, the voter may request a cancellation of the mail-in ballot. This request must be signed and in writing, specifying the election for which the application was made. The request must be received three days before the election and before the mail-in ballot is returned to the clerk as a marked ballot. A voter may also submit a request

8 after the close of early voting by personal appearance by appearing in person and: (1) returning the ballot to be voted by mail to the early voting clerk; or (2) executing an affidavit that the applicant has not received the ballot to be voted by mail, or didn t request such a ballot. Lastly, a voter may submit a request by appearing in person and returning the ballot to be voted by mail or presenting a notice received under Section (h) to the early voting clerk, deputy early voting clerk or the presiding election judge on election day at the applicant s precinct polling place. Otherwise, they should be allowed to cast a provisional ballot at their respective polling place as long as the voter has not already submitted the absentee ballot. 48 The voter will be required to sign an affidavit stating that they are a registered voter in the precinct and did not vote early by mail. 18. Does my state have same-day registration? If so, what is the process? Texas does not have same-day registration. Voters must be registered at least 30 days before the election What rules apply to people campaigning or hanging around my polling place? Can people approach me? People may not loiter or electioneer within 100 feet of any polling place Someone is formally challenging my right to vote. What do I do? Only a voting registrar may challenge. The registrar may not challenge an applicant later than the second day after the date the application is submitted. 51 The registrar shall deliver written notice of the challenge to the applicant not later than the second day after the date of the challenge. 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. 52 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. 53 The registrar shall conduct the hearing not later than the10th day after the date the request is filed or made or at a later date on the applicant's request. The applicant may appear personally at the hearing to offer evidence or argument or present evidence through an affidavit if not present at the hearing. 54 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. 55 After hearing and considering the evidence or argument, the registrar shall promptly determine the challenge and issue a decision in writing. 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 TEX. ELEC. CODE (a). 2 TEX. ELEC. CODE (a). 3 TEX. ELEC. CODE (a). 4 Information on photo ID available at 5 TEX. ELEC. CODE (a); see also aw-voter.pdf; See also Veasey v. Abbott, 888 F.3d 792 (C.A.5 (Tex.), 2018).

9 6 TEX. ELEC. CODE (b). 7 TEX. ELEC. CODE TEX. ELEC. CODE Id. 10 TEX. ELEC. CODE (a). 11 TEX. ELEC. CODE TEX. ELEC. CODE ; ; TEX. ELEC. CODE Supra note TEX. ELEC. CODE ; TEX. ELEC. CODE (c). 17 TEX. ELEC. CODE TEX. ELEC. CODE TEX. ELEC. CODE (a). 20 TEX. ELEC. CODE TEX. ELEC. CODE TEX. ELEC. CODE (a). 23 TEX. ELEC. CODE TEX. ELEC. CODE TEX. ELEC. CODE (b). 26 TEX. ELEC. CODE (a). 27 TEX. ELEC. CODE (a)(4). 28 TEX. ELEC. CODE TEX. ELEC. CODE (g)(2). 30 TEX. ELEC. CODE TEX. ELEC. CODE See generally United States v. Texas, 445 F. Supp. 1245, (S.D. Tex. 1978), aff d 439 U.S (1979); see also Dunn v. Blumstein, 405 U.S. 330, 330 (1972); Williams v. Salerno, 792 F.2d 323, 328 (2d Cir. 1986). 32 TEX. ELEC. CODE TEX. ELEC. CODE TEX. ELEC. CODE TEX. ELEC. CODE (c). 36 TEX. ELEC. CODE (a)-(b) U.S.C.A ; TEX. ELEC. CODE ; Voting Act Amendments of 2016, Determinations Under Section 203, 38 TEX. ELEC. CODE ; see Carter v. White, 161 S.W.2d 525, 525 (Tex. Civ. App. 1942). 39 TEX. ELEC. CODE TEX. ELEC. CODE (a)-(b). 41 TEX. ELEC. CODE TEX. ELEC. CODE Id. 44 TEX. ELEC. CODE ; See also 45 TEX. ELEC. CODE TEX. ELEC. CODE TEX. ELEC. CODE TEX. ELEC. CODE (a-1). 49 TEX. ELEC. CODE TEX. ELEC. CODE TEX. ELEC. CODE TEX. ELEC. CODE

10 49 TEX. ELEC. CODE TEX. ELEC. CODE TEX. ELEC. CODE TEX. ELEC. CODE