K N O W Y O U R V O T I N G R I G H T S

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1 K N O W Y O U R V O T I N G R I G H T S T E X A S Election Day is Tuesday, November 6, 2012 This information is designed to help you protect your right to vote. Keep it handy, and take it with you to the polls on Election Day. QUICK TIPS FOR VOTERS Check your voter registration status by calling (800) or at at least 30 days before the election. Locate your polling place and note the hours of operation by calling (800) or find the number to your local county clerk at Bring an ID. This can be your voter registration card. Consider voting before Election Day using early voting in person (or by mail if you re eligible). Vote early in the day to avoid the last-minute rush Take your time and read all instructions carefully. Ask for help if you need it. The American Civil Liberties Union (ACLU) is a nationwide, nonprofit, nonpartisan organization with more than 500,000 members dedicated to defending the principles of liberty and equality embodied in the Constitution and our nation s civil rights laws. The ACLU does not endorse or oppose any candidate or party, but we believe that no civil right is more important in our democracy than the right to vote. 1

2 WHO CAN VOTE Can I vote in Texas? You can vote in the November 6 election if you re registered to vote by Tuesday, October 9, You can register if you meet all of the following qualifications: (1) you re a U.S. citizen; (2) you re a resident of Texas and the county where you intend to vote; (3) you ll be at least 18 years old on Election Day; (4) you re not serving a sentence or on parole or probation for a felony conviction; and (5) you haven t been declared by a court to be either totally mentally incapacitated or partially mentally incapacitated without the right to vote. [Tex. Elec. Code ] What if I m a student? You can register to vote at whatever address you regard as your permanent home. This can be your school address or your home address. [Tex. Elec. Code ] What if I ve been convicted of a crime? If you were convicted of a misdemeanor, you can vote, but you have to vote by absentee ballot if you re still in jail. If you were convicted of a felony: You can vote if you have finished your sentence You cannot vote if you re on probation You cannot vote if you re on parole You cannot vote if you re in prison Your right to vote is automatically restored when you complete your sentence. [Tex. Elec. Code ] If you have been charged with a crime but not convicted, you can vote. What if I m homeless? You don t need a home to register to vote, but you do have to describe where you usually stay or return to. This can be a street corner, a park, a shelter, or any other place where you usually stay. You also have to list an address where you can receive mail. You may want to use the address of a shelter, outreach center, or anywhere else willing to accept mail on your behalf. 2

3 REGISTRATION How do I register? You can register to vote: in person, by filling out a voter registration application at your local county voter registrar s office; by mail, by filling out a mail-in voter registration form and mailing it to your local county voter registrar s office; or when you apply for services at the Department of Public Safety and state agencies that provide public assistance (such as Medicaid, WIC, and food stamps) or services to people with disabilities. You may also be able to register at other state and federal offices and agencies. You can pick up a voter registration form from your local county voter registrar s office, from most libraries, post offices, colleges and high schools. Fill it out and mail it to your county voter registrar. You can ask for a voter registration form at One will be mailed to you. What s the registration deadline? Tuesday, October 9, What if I miss the deadline? You won t be able to vote in the November 6 election, but you can register to vote in other future elections. What if I ve moved or changed my name? If you moved within the same county: You have to notify your county voter registrar in writing of your new address by the registration deadline. You can update your address online at tolapp/sos/sosacmanager. If you miss the registration deadline, you can still vote at your old polling place. You should contact your county voter registrar to find out where to vote. If you moved to a new county: You have to re-register by requesting a new voter registration application. You cannot update your address online. If you didn t re-register before the registration deadline, you can vote on a limited ballot in your new county during the early voting period, NOT on Election Day. When you vote, you have to sign a form that says you are properly registered in your old county. On this form, you will also list your birthday and your new address. [Tex. Elec. Code , ] 3

4 If you changed your name: You have to notify your county voter registrar in writing. You can do this online at If you don t notify your county voter registrar, you can still vote if you show ID and sign an oath. How do I know if I m registered? You can check your registration status online at viw/faces/searchselectionvoter.jsp or by calling your local county voter registrar s office. VOTING EARLY Can I vote before Election Day? Yes. If you are registered, you can vote before Election Day by casting a ballot in person at an early voting center. The early voting period begins October 22, 2012 and ends on November 2, Check your local newspaper or call your county clerk or elections administrator for hours and locations. You may also be able to vote early by mail if you re registered to vote and any of the following applies to you: (1) you ll be away from your county during early voting and on Election Day; (2) you ll be 65 years of age or older on Election Day; (3) you re sick, disabled, or are expecting to give birth around Election Day; or (4) you re in jail but eligible to vote. You are eligible to vote from jail if you are 1) serving a misdemeanor sentence that ends on or after Election Day, 2) pending trial after bail has been denied, 3) appealing a felony conviction without bail, or 4) pending trial or appeal on an offense for which release on bail before Election Day is unlikely. How do I get a ballot to vote early by mail? You have to submit an application or written request for a ballot by mail that is received (not postmarked) by your local early voting clerk no later than October 30, If your early voting clerk has a fax machine, you can also submit your request by fax. You can get an application at your early voting clerk s office or you can download one at You can also contact or your local early voting clerk to have an application mailed to you. What s the deadline for returning my ballot by mail? Make sure to mail your completed ballot to your local early voting clerk. It must arrive by 7 p.m. Election Day. 4

5 Be sure to follow all instructions carefully. If you don t use your mail-in ballot, you can still vote in person on Election Day. You have to sign an affidavit swearing that you are a registered voter in your county and that you did not vote early by mail. Then you will vote on a provisional ballot, which will count after election officials confirm your eligibility. A provisional ballot is used to record your vote when there is a question about your eligibility. When is Election Day? Tuesday, November 6, When are the polls open? VOTING ON ELECTION DAY Polling places will be open from 7 a.m. to 7p.m. You have the right to vote if you re in line or inside your polling place when the polls close. Can I get time off from work to vote? Maybe. If you don t have two consecutive hours between your shift and when the polls open or close, your employer must give you time off work. Your employer is not allowed to dock your pay or punish you in any other manner because you took time off to vote. Where do I vote? On Election Day, you have to vote at your assigned polling place. Your assigned polling place will be listed on the voter certificate that you should receive in the mail when you register. If you don t have your certificate, you can call your local county voter registrar s office. Find their number here: What if I m disabled and my polling place is not accessible? If you find this out before Election Day, call the Secretary of State or your county election official right away and ask for an accommodation. You have the right to an accessible polling place and an accessible voting machine. Or, if you prefer, you can vote early in person at an early voting center or by mail using a mail-in ballot. All early voting centers must be accessible to the elderly and people with disabilities. During the early voting period and on Election Day, you can also vote curbside. Send someone into the polling place or early voting center to request curbside voting on your behalf. Poll workers will bring a ballot outside so you can vote. 5

6 You can also bring one or more people to help you. You have the right to ask anyone (including the poll worker) except your employer, an agent of your employer, or an officer or agent of your labor union. Can I get a ballot in my native language? Anywhere in Texas, you have the right to assistance in Spanish. If you vote in El Paso and Maverick Counties, you also have the right to assistance in certain Native American languages. If you vote in Harris County, you have the right to assistance in Vietnamese and Chinese. REMEMBER: Poll workers are required to offer this assistance to you. If they don t, tell a poll worker that you want assistance in one of these languages. You have a right to receive translated ballots and all other election materials. What if I need help in the voting booth? If you need help because of a physical disability or because you can t read the ballot, tell a poll worker when you get to your polling place. You have the right to vote on an accessible voting machine. You also have the right to receive help from anyone of your choice except your employer, an agent of your employer, or an officer or agent of your labor union. You have a right to bring an interpreter with you to communicate with poll workers and to translate the ballot. If you need instructions on how to use the voting equipment, ask a poll worker for help. Poll workers are required to help you at any time you ask even after you ve entered the voting booth. Do I have to show ID? VOTER ID Yes. State law requires all voters to show their voter registration certificate or some other form of identification before receiving a ballot. What are accepted forms of ID? Accepted forms of ID include: (1) your voter registration card; (2) a driver s license or personal (non-driver) ID card (even if expired); (3) a U.S. citizenship certificate; (4) a U.S. passport; (5) a birth certificate; or 6

7 (6) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows your name and address. Your ID does NOT have to have a photo. Last year, Texas passed a new law saying voters would have to show a photo ID to vote but that law is NOT currently in effect. If you re voting for the first time, you registered by mail and you didn t include any identification (like your driver s license number) on your voter registration application, you have to show an ID besides your voter registration card. What if I don t have any ID? If you have time and have ID at home or work, it s usually better to get your ID and return to the polls to cast a regular ballot. Otherwise you can cast a provisional ballot, but that ballot probably won t be counted. A provisional ballot is used to record your vote when there is a question about your eligibility. What if I m not on the voter list? PROBLEMS AT THE POLLS First, ask a poll worker to check the list again and to confirm that you re at the right polling place for your address. If you re at the right polling place but your name isn t on the voter list, ask for a provisional ballot. You have the right to cast a provisional ballot even if your name is not on the voter list, as long as you re willing to swear that you believe you registered to vote. [Tex. Elec. Code (a), ] What if I go to the wrong polling place? Go to the right polling place. You can ask a poll worker to help you find the polling place where you re registered. Or call your local county clerk. You can find the number to your local county clerk at If you can t figure out where you re registered, go to the polling place that you think is most likely to be the right one for your address and ask for a provisional ballot. You have the right to cast a provisional ballot even if you re not sure that you re at the right polling place. What if someone tries to intimidate or harass me? Tell a poll worker right away. If the poll worker is the problem, tell a poll watcher, call your local county voter registrar s office, or call one of the election hotline numbers listed at the end of this card. 7

8 What if I make a mistake on my ballot or the voting machine malfunctions? Tell a poll worker before you cast your vote. If you spoil a paper ballot, you have the right to up to two replacement ballots as long as you catch your mistake before you cast your ballot. If your voting machine breaks down, you may be asked to vote on a different machine or on a regular paper ballot. How do I make a complaint? Ask for an election judge at your polling place. He or she can handle most routine complaints that arise on Election Day. Candidates, political parties, and nonprofit groups may also have poll watchers at your polling place who might be able to assist you. If any of those people ask you who you voted for, or if they can t resolve your complaint, call your local county voter registrar s office or the Secretary of State. You can also call one of the election hotline numbers listed at the end of this card. MORE INFORMATION Texas Secretary of State: (800) or ACLU of Texas: (512) Election Protection: 866-OUR-VOTE ( ) ACLU Voter Protection Hotline: (877) U.S. Department of Justice: (800)