Absentee Voting (Early Voting by Mail)

TEXAS Comprehensive 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. Absentee Voting (Early Voting by Mail) 1) Eligibility 2) Deadlines 3) First Time Voters 4) Obtaining and Completing 5) Military and Overseas Voters 6) Requested but Unreceived Ballots 7) Requesting an Early Voting by Mail (Absentee) Ballot for Others 8) Returning an Absentee Ballot 9) Voting in Person after Requesting an Absentee Ballot 10) Assistance with an Absentee Ballot Election Official Authority 1) Secretary of State 2) County/Local Election Officials Registration 1) Eligibility 2) Application 3) Timing 4) Changes 5) College Students 6) Military Personnel and Overseas Voters 7) Removal from Registration List 8) Restoration of Voting Rights 9) Third-Party Registration 1

Responding to Challenges, Intimidation and Deceptive Practices 1) Solicitation Boundaries 2) Challenges to Voter Registration 3) Deceptive Information 4) Intimidation by Poll Workers 5) Intimidation by Other Voters 6) Police Presence Voting In Person 1) Early Voting 2) Where to Vote 3) Hours Polling Places are Open 4) Duties of Poll Workers 5) Who May Be Present 6) Identification Required 7) Missing from the Rolls 8) Changed Name or Address 9) Provisional Ballot 10) Assistance 11) Equipment Malfunctions 2

Absentee Voting See Also: Voting in Person Early Voting Table of Contents: 1) Eligibility 2) Deadlines 3) First Time Voters 4) Obtaining and Completing an Absentee Ballot 5) Military and Overseas Voters 6) Requested but Unreceived Ballots 7) Requesting an Early Voting by Mail (Absentee) Ballot for Others 8) Returning an Absentee Ballot 9) Voting in Person after Requesting an Absentee Ballot 1. Eligibility: Am I eligible to vote absentee? See Also: Registration Eligibility to Register Response: A qualified voter is eligible to vote absentee under the following circumstances: Absence A qualified voter is eligible for early voting by mail if the voter expects to be (1) absent from his/her county of residence on Election Day; and (2) absent from his/her county of residence during the regular hours for conducting early voting at the main early voting polling place by personal appearance. If voting early by mail, voters must submit an early voting ballot application before the first day of the period for early voting by personal appearance. Disability A qualified voter is eligible for early voting by mail if the voter has a sickness or physical condition that prevents the voter from appearing at the polling place on Election Day without likelihood of needing personal assistance or of injuring the voter s health. Expected or likely confinement for childbirth on Election Day is sufficient cause to entitle a voter to early voting by mail. Age A qualified voter is eligible for early voting by mail if the voter is 65 years of age or older on Election Day. Confinement in Jail A qualified voter is eligible for early voting by mail if, at the time the voter s early voting ballot application is submitted, the voter is confined in jail: (1) serving a misdemeanor sentence for a term that ends on or after Election Day; (2) pending trial after denial of bail; (3) without bail pending an appeal of a felony conviction; or (4) pending trial or appeal on a bail eligible offense for which release on bail before Election Day is unlikely. A voter confined in jail who is eligible for early voting is not entitled to vote by 3

personal appearance unless the authority in charge of the jail, in the authority s discretion, permits the voter to do so. Source Tex. Elec. Code 82.001; 82.002; 82.003; 82.004; 82.005 2. Deadlines: How far in advance should I request and return a ballot by mail (absentee ballot)? See Also: Early Voting by Mail (Absentee Voting) Military and Overseas Voters Response: Your request for a ballot by mail must be received by October 30 th. The Early Voting Clerk must receive your marked ballot by 7 p.m. on Election Day or by the 5th day after Election Day if your ballot is submitted from outside the United States. 3. First Time Voters and Absentee Ballots: If I m a first time Texas voter, can I cast an early voting by mail ballot? Response: Yes. There are no extra restrictions for first time voters voting early by mail. 4. Obtaining and Completing an Early Voting by Mail (Absentee) Ballot: How do I get an absentee ballot and how do I complete it? See Also: Requesting an Early Voting by Mail (Absentee) Ballot for Others; Eligibility; Deadlines for Obtaining and Submitting an Early Voting by Mail (Absentee) Ballot Response: Obtaining a Ballot: Formal Early Voting by Mail (i.e. absentee ballot) applications are available from the early voting clerk or the Secretary of State s office. Voters can also access the application online at: http://www.sos.state.tx.us/elections/forms/pol-sub/5-15f.pdf. Voters may also vote early using informal applications. Informal early voting applications should include (1) your signature (or a witness signature if you cannot sign); (2) the name and address at which you are registered to vote; (3) a date and description of the election for which you are requesting a ballot (for a primary election, you must state in which political party s primary you wish to vote); (4) a reason why you are eligible to vote early by mail (to be eligible to vote early due to expected absence from the county, your application must give an out-of-county mailing address); (5) the address to which the ballot is to be mailed (only if different from the address at which you are registered, as shown on your voter registration card); and (6) all applications, whether formal or informal, must be addressed to the early voting clerk. Applications mailed to an address other than the official early voting clerk will be rejected. Completing an Early Voting Ballot: A voter must mark a ballot voted by mail in accordance with the instructions on the ballot envelope. A voter may mark the ballot at any time after receiving it. After 4

marking the ballot, the voter must place it in the official ballot envelope and then seal the ballot envelope, place the ballot envelope in the official carrier envelope and then seal the carrier envelope, and sign the certificate on the carrier envelope. Failure to use the official ballot envelope does not affect the validity of the ballot. After the carrier envelope is sealed by the voter, it may not be opened except as provided by Chapter 87. [Tex. Elec. Code 86.005] 5. Military and Overseas Voters: How do I request, obtain and return an early voting by mail (absentee) ballot, and what are the deadlines for me to do so? See Also: Registration Military Personnel and Other Voters Living Overseas Response: Active duty military, spouses, and dependents, and U. S. Citizens (nonmilitary) temporarily or permanently overseas, who are qualified to vote in Texas, may request a ballot through the Federal Post Card Application. The ballot can be faxed, emailed or mailed to you, and you may either fax or mail it back. It must be returned early enough be received by your supervisor of elections by no later than 7 P.M. on Election Day. Requesting Absentee Ballots: United States citizens (including Military Personnel and Merchant Marines) residing outside of the United States may apply for voter registration or request an absentee ballot with a Federal Post Card Application (obtainable from the Federal Voting Assistance Program, tel. (800) 438-8683 or e-mail vote@fvap.ncr.gov) or the online SFPA, which can be downloaded from http://www.fvap.gov/resources/media/fpca.pdf). The Federal Post Card Application request for an absentee ballot will be effective for all elections through the following two regularly scheduled general elections, but voters are encouraged to apply again every January. FPCA s must be sent to the Early Voting Clerk s office (contact information can be found at: http://www.fvap.gov/contact/addresses/txaddr.html) by the 7th day before Election Day (earlier is recommended). The completed FCPA can be delivered by the following methods: Hard copy by mail; common or contract carrier; fax (if the Early Voting Clerk s office has a fax machine); e-mail (scanned image of signed form); or personal delivery by voter (before early voting by personal appearance starts). Voters can specify by which method they would like to receive their unmarked ballot: Hard copy by mail (default method if nothing else requested); e-mail (unmarked ballot) (if election includes federal offices); common or contract carrier (if paid for by voter); unmarked ballots may NOT be faxed under Texas law, regardless of voter s status. [http://votetexas.gov/military-overseas-voters/] Submitting Absentee Ballots: Voters must return the ballot to the Early Voting Clerk by the following method(s): Hard copy by mail, or common or contract courier (like any other ballot by mail); IF from military voter (or spouse or dependent) in hostile fire pay / imminent danger pay / combat zone, may be faxed using authorized channels (http://www.sos.state.tx.us/elections/laws/militaryoverseas.shtml); Marked ballots may NOT be e- mailed under Texas law, regardless of voter s status. Ballots must be received by 5th day after Election Day. 5

Voters can track the progress of their ballot at the following website: https://webservices.sos.state.tx.us/fpca/index.aspx [http://votetexas.gov/military-overseas-voters/] 6. Requested but Unreceived Ballots: What do I do if I requested an early voting by mail (absentee) ballot and never received it? Response: If you requested an absentee ballot and never received it you should contact the office of the local Election Official. (http://www.sos.state.tx.us/elections/voter/county.shtml) Alternatively, you may call 1.800.252.8683 to speak with the state s legal staff in charge of elections. 7. Requesting an Early Voting by Mail (Absentee) Ballot for Others: Can I request a ballot for someone else or have someone request a ballot for me? Response: Yes. As long as you are in the presence of the voter, you can assist the voter in requesting a ballot. There are different rules governing the conduct of those who sign the application, and those who provide some other form of assistance: Further Explanation: An early voting ballot application signed for the applicant by a witness other than the early voting clerk or a deputy must indicate the witness's relationship to the applicant or, if unrelated, indicate that fact. [Tex. Elec. Code 84.003] The application may be signed for the person by a witness if the person required to sign cannot do so because of a physical disability or illiteracy. The person who cannot sign must affix the person's mark to the document or paper, which the witness must attest. If the person cannot make the mark, the witness must state that fact on the document or paper. The witness must state on the document or paper the name, in printed form, of the person who cannot sign. The witness must affix the witness's own signature to the document or paper and state the witness's own name, in printed form, near the signature. Finally, the witness must state the witness's residence address unless the witness is an election officer, in which case the witness must state the witness's official title. [Tex. Elec. Code 1.011] A person who in the presence of the applicant who otherwise assists an applicant in completing an early voting ballot application must affix the witness's own signature to the document or paper and state the witness's own name, in printed form, near the signature. The witness must also state the witness's residence address unless the witness is an election officer, in which case the witness must state the witness's official title. [Tex. Elec. Code 84.003; Tex. Elec. Code 1.011] 6

8. Returning an Absentee Ballot: How do I return a completed ballot? See Also: Deadlines for Obtaining and Submitting an Absentee Ballot Response: The Early Voting Clerk must receive your marked ballot by 7 p.m. on Election Day or by the 5th day after Election Day if your ballot is submitted from outside the United States. (contact information can be found at: http://www.sos.state.tx.us/elections/voter/county.shtml) 9. Voting in Person after Requesting an Early Voting by Mail (Absentee) Ballot: Can I change my mind and vote in person after having requested an early voting by mail (absentee) ballot? See Also: Voting in Person Provisional Ballots Response: You may cast a provisional ballot if you decide to vote in person after requesting an early voting by mail (absentee) ballot. You will be required to sign an affidavit saying that you are a registered voter in that precinct and that you did not cast your ballot by mail. [ Source Tex. Elec. Code 63.011 ] 10. Assistance with an Early Voting by Mail (Absentee) Ballot: Can I obtain assistance in voting an early voting by mail (absentee) ballot if a disability makes it difficult for me to do so otherwise? See Also: Voting in Person Assistance Response: A voter casting a ballot by mail who would be eligible to receive assistance at a polling place may select a person to assist the voter in preparing the ballot. The person assisting the voter must sign a written oath that is part of the certificate on the official carrier envelope. If these procedures are not followed, the voter s ballot may not be counted. A person who assists a voter to prepare a ballot to be voted by mail shall enter the person s signature, printed name, and residence address on the official carrier envelope of the voter. A person commits a criminal offense if the person knowingly fails to provide the information on the official carrier envelope. Source Tex. Elec. Code 86.010 7

Election Official Authority Table of Contents: 1) What are the duties of the Secretary of State? 2) What are the duties of county/local election officials? 1. What are the duties of the Secretary of State? Response: The Secretary of State is the chief election officer of the state. Hope Andrade is the current Secretary of State. All communications regarding the elections process may be sent to: Elections Division of the Office of the Secretary of State: P.O. Box 12060, Austin, TX 78711-2060 or 1-800-252- VOTE (8683). The Elections Division e-mail address is: elections@sos.state.tx.us The following persons are elections officials within the Secretary of State s office: Keith Ingram, Director of Elections; Elizabeth Hanshaw Winn, Legal Section; and Betsy Schonhoff, Voter Registration. State Attorney General The state attorney general handles all complaints referred by the Secretary of State alleging criminal conduct in connection with an election. Source Tex. Elec. Code 31.001; 31.006 2. What are the duties of county/local election officials? Response: The County Elections Administrator is appointed by the Commissioners Court or by the County Election Commission. Each county may have a county election commission, which consists of (i) the county judge, as chair; (ii) the county clerk, as vice chair; (iii) the county tax assessor collector, as secretary; and (iv) the county chair of each political party that made nominations by primary election for the last general election for state and county officers preceding the date of the meeting at which the appointment is made. Source Tex. Elec. Code 31.032; 31.031 Each election precinct in which an election is held will have a presiding election judge and an alternate presiding judge. The presiding judge for each election precinct will appoint election clerks to assist the judge at the polling place served by the judge during the election. Source Tex. Elec. Code 32.001; 32.031 8

Registration See Also: Voting in Person Registration Missing from the Rolls Table of Contents: 1) Eligibility 2) Applications 3) Timing 4) Changes 5) College Students 6) Military Personnel and Overseas Voters 7) Removal from Registration List 8) Restoration of Voting Rights 9) Third Party Registration 1. Eligibility to Register: Who can register to vote? See Also: Restoration of Voting Rights; Residency Requirements Response: To be eligible to register to vote in Texas a person must: be a U.S. citizen be 18 years of age or older (applicants must be at least 17 years and 10 months of age to submit an application for registration) not have been determined mentally incompetent by a final judgment of a court if convicted of a felony, either (a) be fully discharged, which requires proof of the appropriate discharge papers, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or (b) been pardoned or otherwise from the resulting disability to vote be a resident of the county in which application for registration is made Source Tex. Elec. Code 13.001 2. Applications for Registration: How do I apply and what information do I have to provide? See Also: Eligibility to Register; Military Personnel; Timing of Registration; Residency Requirements Response: A registration application must include: the applicant s first name, middle name, if any, last name, and former name, if any 9

the month, day, and year of the applicant s birth a statement that the applicant is a United States citizen a statement that the applicant is a resident of the county a statement that the applicant has not been determined mentally incompetent by a final judgment of a court a statement that the applicant has not been finally convicted of a felony or that the applicant is a felon eligible for registration 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 the following identification information: o o the applicant s Texas driver s license number or the number of a personal identification card issued by the Department of Public Safety; or if the applicant has not been issued a number described in the preceding sub-bullets, the last four digits of the applicant s social security number or a statement by the applicant that the applicant has not been issued a social security number; or o a statement by the applicant that the applicant has not been issued a number described in the preceding two sub-bullets if the application is made by an agent, a statement of the agent s relationship to the applicant the city and county in which the applicant formerly resided. The omission of the applicant s middle or former name or the applicant s zip code does not affect the validity of a registration application because of that omission Source Tex. Elec. Code 13.002 Applying In Person o o o Applications are available from county voter registrars offices, the Secretary of State s office, libraries, post offices, high schools. Voter registration telephone assistance is available in English and Spanish at: 1-800-252-VOTE (8683). An applicant may register to vote when applying for or making changes to a driver s license. In addition, in most Texas counties, the Tax Assessor-Collector is also the Voter Registrar. In some counties, the County Clerk or Elections Administrator registers voters. To follow-up on a voter registration application contact the Secretary of State s Office toll-free at 1-800-252-VOTE (8683). 10

Applying By Mail o Mail-in applications may be requested by mail, e-mail, fax or phone from the Secretary of State s office. You can also request a voter registration form on the web at on the Web at http://www.sos.state.tx.us/elections/voter/reqvr.shtml. Assistance o An applicant may appoint, either orally or in writing, an agent to complete and sign or submit a voting registration form. The agent must be a spouse, parent, or child who is a qualified voter in the county or who has submitted a registration application and is otherwise eligible to vote. Source Tex. Elec. Code 13.003 3. Timing of Registration: How far in advance of the election do I need to register? Response: Registration Deadlines: A registration application must be received in the Voter Registrar s office or postmarked at least 30 days before an election in order for a voter to be eligible to vote in that election. 2012 General Election: October 9, 2012 4. Changes to Registration Information: How and when do I change the name, address, or party affiliation on my registration? Response: If a voter discovers incorrect information on the voter s registration certificate or if any of the information becomes incorrect because of a change in circumstances, the voter shall promptly submit to the county registrar a written, signed notice of the incorrect information and the corresponding correction. The voter shall use the registration certificate or a registration application form as the notice, indicating the correct information in the appropriate space on the certificate or application form unless the voter does not have possession of the certificate or an application form at the time of giving the notice. The county registrar shall retain the notice on file with the voter s registration application. If the correction is a change of the voter s name, the registrar shall file the application under the new name. A voter who continues to reside in the county in which the voter is registered may correct information under this section by digital transmission of the information under a program administered by the Secretary of State and the Department of Information Resources. 11

Source Tex. Elec. Code 15.021 Moving within the same county: All voters who move should re-register to vote. Voters who move to another location within the same county of registration and do not submit a change-of-address may vote at their old precinct, where they will be required to complete a statement of residence form before voting. Moving between counties: All voters who move should re-register to vote. Voters who have moved from one Texas county to another Texas county and do not submit a change-of-address are eligible to vote a limited ballot in person during the early voting period or by mail if (1) the person would have been eligible to vote in the county of former residence on Election Day if still residing in that county; (2) the person is registered to vote in the county of former residence at the time the person (A) offers to vote in the county of new residence; or (B) submitted a voter registration application in the county of new residence; and (c) a voter registration for the person in the county of new residence is not effective on or before Election Day. A person is not eligible to vote a limited ballot by mail unless, in addition to satisfying the eligibility requirements prescribed above, the person is eligible to vote early by mail under the standard early by mail rules. Before being accepted for voting, the voter must execute a statement including (i) a statement that the voter satisfies the applicable requirements described in (a) above, (ii) the voter s residence address or, if the residence has no address, the address at which the voter receives mail and a concise description of the voter s residence, (iii) the month, day, and year of the voter s birth, and (iv) the date the statement is executed. Such statement shall be submitted (1) to an election officer at the main early voting polling place, if the person is voting in person or (2) with the person s application for a ballot to be voted by mail, if the person is voting by mail. An application for a limited ballot to be voted by mail must be submitted to the early voting clerk serving the election precinct in which the applicant currently resides. A person may vote a limited ballot by personal appearance only at the main early voting polling place. Please note: A limited ballot only entitles a voter to vote in (1) each office and proposition stating a measure to be voted on statewide; and (2) each office and proposition stating a measure to be voted on in a territorial unit of which the person was a resident both before changing county of residence and after the change. Source Tex. Elec. Code 112.002; 112.003; 112.004; 112.005; 112.006 5. College Students: Can I register to vote in Texas if I m a college student from out of state? See Also: Eligibility to Register; Residency Requirements Response: Students in Texas are subject to the same voting registration requirements as all other applicants. No Texas county voter registrar may require an affidavit or a questionnaire in addition to the information required on the application for a voter registration certificate. A person who has reached the age of majority is presumed to make a factual statement about his or her voting residence. Moreover, the student is presumed to be in the best position to make such factual statements about the residence of the student. A student filling out a voter registration form is not required to state that the residence will be his or her home for any period of time. 12

The applicant is only required for administrative reasons to submit the application 30 days before the election in which they choose to vote, in accordance with 13.143 and Election Opinion. GSC-12004. Source Tex. Elec. Code 13.143 Furthermore, the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution guarantees the rights of student voters to register and cast a ballot on equal terms as non-student residents in the location where they go to school. Consequently, election officials may not prohibit students from registering, nor require students to complete any additional registration materials based on their status as students. 6. Military Personnel and Other Voters Living Overseas: How do I register if I m a serving abroad in the military or otherwise living abroad? Response: You may simultaneously register and request an absentee ballot with a Federal Post Card Application (available from the Federal Voting Assistance Program, tel. (800) 438-8683 or e-mail vote@fvap.ncr.gov) or the online SFPA, which can be downloaded from http://www.fvap.gov/resources/media/fpca.pdf. Further Explanation: Additional information may also be obtained by calling the Election Division at 1-800-252-2216, or online at: http://www.sos.state.tx.us/elections/laws/militaryoverseas.shtml. 7. Removal from Registration List: Under what circumstances can my name be removed from the list of registered voters? Response: The county registrar shall cancel a voter s registration immediately on receipt of any of the following: notice that the voter's residence is outside the county knowledge that the voter is deceased an abstract of a final judgment of the voter's total mental incapacity, partial mental incapacity without the right to vote, conviction of a felony, or disqualification notice that the voter has applied for a limited ballot in another county notice from a voter registration official in another state that the voter has registered to vote outside the state of Texas notice from an early voting clerk under a federal postcard application submitted by an applicant states a voting residence address located outside the registrar's county 13

notice from the Secretary of State that the voter has registered to vote in another county, as determined by the voter's driver's license number or personal identification card number issued by the department of Public Safety or social security number Each weekday it is regularly open for business, the Department of Public Safety shall (i) prepare an abstract of each final judgment received by the department convicting a person 18 years of age or older who is a resident of the state of a felony; and (ii) file each abstract with the Secretary of State. Not later than the 10th day after the date a judgment in an election contest in which a person is adjudged not to be a qualified voter becomes final, the district clerk shall prepare an abstract of the judgment, which shall include each disqualified person s name, and file it with the voter registrar of each county in which a person adjudged disqualified was registered on the date of the contested election. Source Tex. Elec. Code 16.031; 16.003; 16.004 8. Restoration of Voting Rights: If I am deemed ineligible to vote, how can I appeal to have my voting rights restored? Response: Immediately after, but not later than 30 days after the date a voters registration is cancelled, the county registrar shall deliver written notice of the cancellation to the voter. The notice shall be delivered by mail to the mailing address on the voter s registration application and to any new address known to the registrar. The notice must include: the date of cancellation the reason for cancellation a brief explanation of the voter s right to challenge the cancellation and to appeal the registrar s decision A person whose voter registration is canceled may challenge the cancellation at a hearing before the registrar. A person desiring to challenge the cancellation of the person s registration must file with the registrar a written, signed request for a hearing on the challenge. On the filing of a hearing request under Section 16.062, the registrar shall reinstate the challenging voter s registration pending determination of the challenge. On the filing of a hearing request, the registrar shall schedule a hearing on the challenge. The registrar shall conduct the hearing not later than the 10th day after the date the request is filed or on a later date at the request of the challenging voter. The voter may appear personally at the hearing to offer evidence or argument. The voter may offer evidence or argument by affidavit without personally appearing if the voter submits the affidavit to the registrar before the hearing begins. The registrar shall deliver written notice of the date, hour, and place set for the hearing on the challenge to the challenging voter not later than the second day after the date the hearing request is filed. 14

Source Tex. Elec. Code 16.036; 16.061; 16.062; 16.063; 16.064; 16.065 9. Third Party Registration: What does a third party registration group have to do to comply with the law? Response: In order to register voters in the state of Texas, each volunteer must be a duly appointed volunteer deputy registrar. Volunteers may only register voters in the precinct where the volunteer is eligible to be registered to vote. To be eligible for appointment as a volunteer deputy registrar, a person must be 18 years of age or older, and if convicted of a felony, either (a) be fully discharged, which requires proof of the appropriate discharge papers, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or (b) been pardoned or otherwise from the resulting disability to vote. A volunteer deputy registrar may distribute voter registration application forms throughout the county and receive registration applications submitted to the deputy in person. A person may not receive compensation from the county for service as a volunteer deputy registrar unless compensation is authorized by the commissioners court. Volunteer deputy registrars are required to complete a training prior to registering voters and are subject to additional regulations and liabilities. The Secretary of State s website provides additional information on the regulation of third party registration groups. For more information see http://www.sos.state.tx.us/elections/pamphlets/deputy.shtml. Source Tex. Elec. Code 13.031; 13.038; 13.042 Responding to Challenges, Intimidation and Deceptive Practices Table of Contents: 1) Electioneering Boundaries 2) Challenges by Poll Workers 3) Challenges by Other Voters and Poll Watchers 4) Deceptive Information 5) Intimidation by Poll Workers 6) Intimidation by Other Voters 7) Police Presence 15

1. Electioneering Boundaries: What is the electioneering boundary at my polling place? Response: It is illegal for anybody to campaign or solicit voters within 100 feet of a polling place s entrance on Election Day. Further Explanation: No person, political committee, committee of continuous existence or other group or organization may solicit voters within 100 feet of any polling place s entrance on Election Day, with limited exceptions. [ Source Tex. Elec. Code 61.003 ] Click here to enter text. 2. Challenges by Other Voters: Can I be challenged by a poll worker? What are my rights in the event of a challenge by another voter? Response: In Texas, any registered voter may challenge the registration of any other registered voter in the same county by filing an affidavit setting forth the grounds for the challenge. The voter whose registration is challenged will receive notice from the registrar and may continue to vote until a final determination of registration is made. If your name is not on the voter rolls or your eligibility to vote cannot otherwise be established, you are entitled to cast a provisional ballot. Poll watchers may not speak directly to you and must direct any and all inquiries to a poll worker. Source Texas Election Law Opinion DAD-73 (1983). Poll Watchers: It is illegal for poll watchers to challenge, speak directly to or otherwise intimidate a voter. Poll watchers are required to direct any inquiry to the election clerk rather than the voter. Source Tex. Elec. Code 33.058 3. Deceptive Information: What should I do if I see or receive deceptive information regarding an upcoming election? Response: The hotline captain should ask the caller to make copies of all documents and to fax a copy of the deceptive documents to 877-303-5034 and report the incident to the local County Supervisor of Elections and local media contacts so that the correct information can be shared with voters. We will share the documents with the Supervisor of Elections and relevant authorities. 4. Intimidation by Poll Workers: What should I do if a poll worker attempts to intimidate me at the polls? Response: You should report the incident to the deputy sheriff of the polling place, who is charged with maintaining order at the polling place. If this fails to resolve the issue, you should notify this hotline again, as well as the Secretary of State s office. If any supervisor, deputy supervisor, or election employee attempts to influence or interfere with any voter voting a ballot, they commit a 16

Class B misdemeanor. Anyone who harms or threatens to harm a voter by an unlawful act in retaliation for voting for or against a particular candidate or for refusing to reveal how the voter voted commits a third degree felony. Source Tex. Elec. Code 61.006, 64.012 5. Intimidation by Other Voters: What should I do if another voter attempts to intimidate me at the polls? Response: You should report the incident to a peace officer at the polling place. If this fails to resolve the issue, you should call this hotline back. Further Explanation: If any voter attempts to influence or interfere with any other voter voting a ballot, they commit a Class B misdemeanor. Anyone who harms or threatens to harm a voter by an unlawful act in retaliation for voting for or against a particular candidate or for refusing to reveal how the voter voted commits a third degree felony. Source Tex. Elec. Code 61.006, 64.012 6. Police Presence: What should I do if I am intimidated by police present at the polling place? Response: Find out if the police are stationed outside of the polling location and not interacting with voters or if the police officer is actively intimidating voters. The hotline captain should contact the local police to let them know that that police presence at the poll is intimidating voters. The captain should also call the Supervisor of Elections and ask them to follow up with local law enforcement. Voting in Person See Also: Absentee Voting Voting in Person after Requesting an Absentee Ballot Table of Contents: 1) Early Voting 2) Where to Vote 3) Hours Polling Places are Open 4) Duties of Poll Workers 5) Who May Be Present 6) Identification Required 7) Missing from the Rolls 8) Changed Name or Address 9) Provisional Ballot 10) Assistance 11) Equipment Malfunctions 17

1. Early Voting: Can I vote in person before the election day, and how? See Also: Hours Polling Places Are Open Response: Yes. Texas enables residents to vote in the days and weeks before an election to make the voting process more convenient and accessible. Early voting in person begins the 17th day before Election Day (October 22, 2012) and ends the 4th day before Election Day (November 2, 2012). Vote at a location in your political subdivision that s close to where you live or work. All other voting rules and procedures apply e.g., eligibility, identification, polling hours. 2. Where to Vote: Where is my polling place? Response: On your Voter Registration certificate, you will see a precinct number. Your residence is located in a specific precinct or area within the county where you will vote on Election Day. In some cases, precincts may be combined to accommodate joint local elections, so always consult your County Elections Office (http://www.sos.state.tx.us/elections/voter/current.shtml) in the days before an election for the address of the polling place where you re to vote. 3. Hours Polling Places Are Open: When does my polling place open and when does it close? Response: On Election Day, all polling locations must remain open from 7 a.m. to 7 p.m. Each qualified voter inside or waiting to enter the polling place at 7 p.m. must be permitted to vote. A polling place may close early if (i) it has fewer than 50 qualified voters, or (ii) if all of the qualified voters have cast their ballots. Source Tex. Elec. Code 41.031; 41.032; 41.033 4. Duties of Poll Workers: What functions do the different poll workers serve? Response: Every polling place has a clerk that supervises and directs the activity of the polling place, inspectors who carry out core polling place duties like verifying voters identity, and a deputy who is charged with maintaining order. 18

5. Who May be Present at Polling Places: Who is permitted by law to be present at a polling place during voting hours? Response: Other than election officials, Watchers may be present at a polling place during voting hours. Watchers may be appointed by each candidate whose name appears on the ballot or the list of declared write-in candidates in an election for: a public office other than the office of vice-president of the United States; or an office of a political party. The county chair of each political party that has one or more nominees on the ballot may appoint watchers. If the county chair does not make an authorized appointment, any three members of the county executive committee may make the appointment. Each appointing authority may appoint not more than two watchers for each precinct polling place, meeting place for an early voting ballot board, or central counting station involved in the election. Each appointing authority may appoint not more than seven watchers for each main or branch early voting polling place involved in the election. Not more than two watchers appointed by the same authority may be on duty at the same early voting polling place at the same time. In an election in which the election officers serving at a precinct polling place also serve as an early voting ballot board, a watcher who is appointed for the precinct polling place may observe the processing of early voting ballots by the early voting ballot board, or separate watchers may be appointed to observe only that activity. The number of watchers accepted for service on each side of a measure may not exceed the number authorized by this section. If the number of appointments exceeds the authorized number, the authority accepting the watchers for service shall accept the watchers in the order in which they present their certificates of appointment. Source Tex. Elec. Code 33.002; 33.003; 33.007 A candidate may not be in a polling place during voting for purposes other than voting or official business in the building in which the polling place is located. There is an exception to this provision if the candidate is not in plain view or hearing of the persons in the voting area or the area where voters are being accepted and the candidate is not engaged in a campaign activity. Source Tex. Elec. Code 61.001 6. Identification Requirements: What form of identification should I bring with me to the poll? Response: Please Note: These rules are CURRENTLY in effect. However, in 2011, Texas passed a new voter identification law requiring voters to show identification at the polls. In 2012, the Department of Justice blocked the law pursuant to Section 5 of the 1965 Voting Rights Act, which requires Texas and 15 other jurisdictions to gain federal approval prior to implementing changes to voting laws. A case is currently pending in 19

District Court and trial is expected to take place the week of July 9 th. It is as yet unclear whether the new laws will be implemented. The information in this section refers to the pre-2011 statutes. Outcome of the litigation may change these rules. For more information see: http://www.sos.state.tx.us/about/newsreleases/2012/031212.shtml. A voter will be asked to present his voter registration certificate to an election officer at the polling place. Upon presenting a voter registration certificate the voter is not required to provide any additional identification. If a voter presents the certificate, whether or not the voter s name is on the list he/she must be accepted for voting. If the certificate is for a different precinct, the voter must sign an affidavit stating that he/she (i) is a resident of the precinct in which the voter is offering to vote; (ii) was a resident of the precinct the last time he or she gave address information to the voter registrar; (iii) did not deliberately give false information in order to vote; and (iv) is voting only once in the election. Source Tex. Elec. Code 63.001; 63.006; 63.007 A voter who does not present the voter registration certificate, but whose name is on the precinct list, must be accepted upon (i) signing an affidavit that they do not have it with him/her; and (ii) presenting proof of identification. Source Tex. Elec. Code 63.008 Forms of acceptable identification include: a driver s license or personal identification card issued to the person by the Department of Public Safety or a similar document issued to the person by an agency of another state, regardless of whether the license or card has expired; a form of identification containing the person s photograph that establishes the person s identity; a birth certificate or other document confirming birth that is admissible in a court of law and establishes the person s identity; United States citizenship papers issued to the person; a United States passport issued to the person; official mail addressed to the person by name from a governmental entity; a copy of a current utility, bank statement, government check, paycheck, or other government document that shows the name and address of the voter; or any other form of identification prescribed by the Secretary of State. Source Tex. Elec. Code 63.0101 20

A voter whose registration shows a different precinct than where the voter appears for voting may vote on a regular ballot if the voter executes an affidavit stating that the voter: (a) is a resident of the precinct in which the voter is offering to vote or is otherwise entitled by law to vote in that precinct; (b) was a resident of the precinct in which the voter is offering to vote at the time that information on the voter s residence address was last provided to the voter registrar; (c) did not deliberately provide false information to secure registration in a precinct in which the voter does not reside; and (d) is voting only once in the election. Source Tex. Elec. Code 63.007 7. Registration Missing from the Rolls: What do I do if I m registered to vote but my name doesn t appear on the rolls at my precinct? RESPONSE: Voter is not on the precinct list With respect to each voter who is accepted for voting, but whose name is not on the list of registered voters for the precinct in which the voter is accepted, the election officer must record: (a) the voter s name, residence address, and voter registration number; and (b) a notation of the section of the elections code that provides for accepting voters who are not on the list. Source Tex. Elec. Code 63.005 Voter has correct registration certificate, but is not on the precinct list A voter who, when offering to vote, presents a voter registration certificate indicating that the voter is currently registered in the precinct in which the voter is offering to vote, but whose name is not on the precinct list of registered voters, shall be accepted for voting. Source Tex. Elec. Code 63.006 Voter has incorrect registration certificate and is not on the precinct list A voter who, when offering to vote, presents a voter registration certificate indicating that the voter is currently registered in a different precinct from the one in which the voter is offering to vote, and whose name is not on the precinct list of registered voters, shall be accepted for voting on a regular ballot if the voter executes an affidavit stating that the voter: (a) is a resident of the precinct in which the voter is offering to vote or is otherwise entitled by law to vote in that precinct; (b) was a resident of the precinct in which the voter is offering to vote at the time that information on the voter s residence address was last provided to the voter registrar; (c) did not deliberately provide false information to secure registration in a precinct in which the voter does not reside; and (d) is voting only once in the election. Source Tex. Elec. Code 63.007 21

8. Changes to Name or Address: Am I able to vote if my name or address has changed but I haven t updated my voter registration yet? See Also: Provisional Ballots Response: If your name or address has changed but you have not updated your registration, you will be entitled to cast a provisional ballot. The form will serve as an update to your voter registration. 9. Provisional Ballots: Under what circumstances am I entitled to cast a provisional ballot and how can I make sure it is counted? Response: As required by Section 302 of the Help America Vote Act (HAVA), voters whose names do not appear on the voter registration roll when they arrive at the polls may vote a provisional ballot, which is not counted until the voter s eligibility is determined after the election. Eligibility The Election Judge at the precinct makes the determination of whether an individual is qualified to cast a provisional ballot. The following voters are eligible to cast a provisional ballot: A voter who claims to be properly registered and eligible to vote at the election precinct, but whose name does not appear on the list of registered voters and whose registration cannot be determined by the Voter Registrar; or A voter who has applied for an absentee ballot, but has not returned the ballot by mail; or A voter who votes during polling hours that have been extended by a state or federal court; or A voter who is registered to vote but attempting to vote in a different precinct other than the one in which the voter is registered; or A voter who is on the list, but whose registered residence address is outside of the political subdivision. Source Tex. Elec. Code 63.007; 63.009; 63.011; 42 U.S.C. 15482(e) Procedures 22

In order to vote a provisional ballot, the voter must complete and sign an Affidavit stating that the person is a registered voter in the precinct in which the person seeks to vote and that the person is eligible to vote in the election. Note: This form will serve as a voter registration application in the event the voter is not registered; or as an update to the voter s registration record in the event the information is different. Source Tex. Elec. Code 63.011 10. Assistance: What forms of assistance are available to me at my polling place if a disability makes it difficult to vote otherwise? Response: Individuals with physical disabilities and individuals who cannot read or write the language in which the ballot is written may receive assistance at the voting booth. They may be helped by two election officials or any other third party they select, except their employer, an agent of the voter s employer, or an officer or agent of a labor union to which the voter belongs. If assistance is provided by a person of the voter s choice, an election officer shall enter the person s name and address on the poll list beside the voter s name. If a voter is assisted by election officers, one of them must read the entire ballot to the voter unless the voter tells the officer that the voter desires to vote only on certain offices or measures. In that case, the officer shall read those items on the ballot specified by the voter. If a voter is assisted by a person of the voter s choice, an election officer must ask the voter being assisted whether the voter wants the entire ballot read to the voter. If so, the officer shall instruct the person assisting the voter to read the entire ballot to the voter. Source Tex. Elec. Code 64.031; 64.032; 64.033 11. Equipment Malfunctions: What should I do if malfunctioning voting equipment prevents me from voting? Response: The presiding judge must stop use of malfunctioning voting system equipment installed at a polling place immediately after discovering that the equipment is not functioning properly, and shall have the malfunctioning equipment promptly repaired or replaced if practicable. If the presiding judge determines that the equipment cannot be promptly repaired or replaced and that voting cannot be continued by using only the remaining operational equipment without substantially interfering with the election, voting at that polling place may be conducted by one of the following methods in addition to, or instead of, using remaining operational equipment: using another voting system that has been adopted for use in the election; using regular paper ballots, whether early voting ballots or ballots for regular voting on Election Day; or having voters manually mark the electronic system ballots that were furnished for use with the malfunctioning equipment and having the ballots processed as regular paper ballots. Source Tex. Elec. Code 125.006 23