list of registered voters in texas

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					Texas Election Code Essentials
For Use by Judges and Election Officers on Voting Day

                                                                                                                                                Texas Election Code §

                                                                 •   voter presents registration certificate (certificate)
                                                                 •   election officer determines that voter’s name appears on the
                                                                     precinct list of registered voters (precinct list)
                                                                 •   election officer asks if voter’s address on the precinct list is current           63.001
                       Regular Procedure for Accepting Voter     •   voter states that his address on the precinct list is current                     through
                                                                 •   accepted voter signs the signature roster                                          63.003
                                                                 •   election officer indicates on list of registered voters and on the poll
                                                                     list that voter was accepted
                                                                 •   election officer returns certificate to voter
ACCEPTANCE OF VOTERS




                        Voter Currently Registered in Precinct   •   voter is accepted
                                  With Certificate               •   election officer writes the voter’s name on the poll list and                     63.006
                                        and                          indicates that the voter was accepted under § 63.006
                               Not on Precinct List




                                                                 •   voter may be accepted
                                                                 •   voter shall be accepted if voter executes an affidavit stating voter
                                                                          1. is a resident of the precinct where voter seeks to vote;
                           Voter Currently Registered in                  2. was a resident of the precinct where voter seeks to vote
                                a Different Precinct                         at the time that information on the voter’s residence
                                  With Certificate                           address was last provided to the registrar;                               63.007
                                                                          3. did not deliberately provide false information to secure
                                        and
                                                                             registration in another precinct; and
                               Not on Precinct List                       4. is voting only once in the election
                                                                 •   if accepted, election officer writes a) voter’s name on the list
                                                                     and indicates that voter was accepted under § 63.007 and b)
                                                                     enters the precinct of the voter’s registration, as indicated by the
                                                                     voter’s certificate, on the registration omissions list
                                                                                                                            Texas Election Code §

                                                   •   voter may be accepted
                                                   •   voter shall be accepted if voter
                                                           1. executes an affidavit stating that voter does not have
                                                              certificate at the polling place
                                                                                and
                                                           2. presents any of the following as proof of identification:
                                                                      a. driver’s license or personal identification card
                                                                        issued by the Department of Public Safety or
                                                                        a similar document issued by an agency of
                                                                        another state, regardless of whether the license
                                                                        or card has expired;
                       Voter Without Certificate                      b. form of identification containing the voter’s
                                 and                                     photograph that establishes identity;
ACCEPTANCE OF VOTERS




                                                                      c. birth certificate or other document confirming
                          Is on Precinct List                            birth that establishes a person’s identity;
                                                                      d. United States citizenship papers;
                                                                      e. United States passport;
                                                                      f. official mail addressed to the voter by name
                                                                         from a governmental entity;
                                                                      g. copy of a current utility bill, bank statement,
                                                                         government check, paycheck, or other
                                                                         government document that shows the name and
                                                                         address of the voter; or
                                                                      h. any other form of identification prescribed by
                                                                         the secretary of state



                                                   •   voter may be accepted for provisional voting
                                                   •   voter shall be accepted for provisional voting if voter executes
                                                       an affidavit stating voter
                                                           1. is a registered voter in the precinct
                                                                              and
                                                           2. is eligible to vote in the election
                       Voter Without Certificate
                                 and               •   voter who requested an early ballot by mail but did not vote by
                         Not on Precinct List          early mail may cast a provisional ballot if voter executes an
                                                       affidavit stating voter
                                                            1. is a registered voter in the precinct
                         (Provisional Voting)                                 and
                                                            2. did not vote by early mail

                                                   •   affidavit required for provisional ballot shall be printed on the
                                                       envelope in which the provisional ballot will be placed
                                                   •   space for entering the identification number of the provisional
                                                       ballot shall be supplied on envelope
                                                                                                                       Texas Election Code §

                                                     •   election officers commit a class B misdemeanor if
                                                         they knowingly
                                                              1. permit an ineligible voter to vote other
                           Unlawfully Accepting
                                                                 than as provided by the provisional voting
                                     or                          standards
                                                                                                                              63.012
                          Refusing to Accept Voter                            or
                                                              2. refuse to accept a person for voting
                                                                 where required by this code




                                                     •   polls shall open at 7 a.m. and close at 7 p.m.
                                                     •   voters inside or waiting to enter the polling place at 7
                                                         p.m. are entitled to vote
                                                     •   presiding judge shall direct voters into the polling                  41.031
                               Voting Hours              place and close the door - if that procedure is                      through
ELECTION DAY PROCEDURES




                                                         impracticable, presiding judge shall distribute                       41.033
                                                         numbered identification cards
                                                     •   precincts with less than 50 qualified voters and where
                                                         all 50 ballots have been cast may close early



                                                     •   voter mismarking or damaging ballot in the process
                                                         of voting is entitled to receive a new ballot by                     64.007
                               Spoiled Ballot            returning the spoiled ballot to an election officer
                                                     •   voter is not entitled to more than three ballots



                                                     •   presiding judge shall stop use of malfunctioning voting
                                                         system equipment installed at a polling place immediately
                                                         after discovery
                                                     •   if practicable, systems should be repaired or replaced
                          Malfunction of Equipment   •   if not practicable and voting cannot be continued without            125.006
                                                         substantially interfering with the orderly conduct of the
                               at Polling Place
                                                         election, voting at that polling place may be continued by
                                                         one of the following methods in addition to or instead of
                                                         using remaining operational equipment: a) using another
                                                         adopted voting system, b) using paper ballots, or c) having
                                                         voter manually mark the electronic system ballots
                                                                                                                         Texas Election Code §

                                                         •   by request of voter an election official shall instruct
                   Instructing Voter on Casting Ballot       voter on the proper procedure for casting a ballot                 61.009




                                                         •   election officer may not use a language other than
                                                             English in performing election officer’s duties
                                                         •   election officer may communicate with voter in a
                                                             language other than English if voter does not
                                                             understand English
                                                         •   election officer not able to understand the voter’s
                                                             language may communicate through an interpreter
                                                             selected by the voter
VOTER ASSISTANCE




                                                         •   interpreter must be a registered voter in the same                  61.031
                              Languages                      county as voter seeking interpretation                             through
                                                         •   interpreter must take an oath administered by an                    61.036
                                                             election official: “I swear (or affirm) that, to the best
                                                             of my ability, I will correctly interpret and translate
                                                             each question, answer, or statement addressed either
                                                             to the voter by any election officer or to an election
                                                             officer by the voter.”
                                                         •   voter not able to understand the language of the ballot
                                                             is permitted to have an interpreter travel with voter
                                                             to the voting booth for the purpose of translating the
                                                             ballot




                                                         •   voter physically unable to enter the polling place
                                                             without personal assistance or likelihood of injury
                                                             may request an election officer deliver a ballot to the
                                                             polling place entrance or curb
                                                         •   regular voting procedures may be modified by the
                   Voter Unable to Enter Polling Place       election officer to the extent necessary                           64.009
                                                         •   voters shall mark and give the ballot to an election
                                                             officer who shall deposit it in the ballot box
                                                         •   at voter’s request, a person accompanying the voter
                                                             shall be permitted to choose the ballot and deposit the
                                                             ballot in the ballot box
                                                                                                   Texas Election Code §




                                    •   physical disabilities that render the voter unable to
                                        write or see or an inability to read the language in
                                        which the ballot is written qualifies voter for
                                        assistance
                                    •   ballot of voter provided with assistance but not
                                        eligible for assistance may not be counted
                                    •   voter may select any person to assist voter as long
                                        as it is not voter’s employer, an agent of the voter’s
VOTER ASSISTANCE




                                        employer, or an officer or agent of a labor union
                                    •   voter assisted by election officers should be assisted
                                        by two - each should be aligned with different
                                        political parties unless there are not two or more                 64.031
                   Assisted Voter       election officers serving the polling place who are               through
                                        aligned with different parties                                     64.037
                                    •   one election officer assisting shall read the entire
                                        ballot unless the voter tells the officer that the voter
                                        desires to vote only on certain offices or measures
                                    •   for voter assisted by a person of the voter’s choice, an
                                        officer shall ask the voter whether the voter wants the
                                        entire ballot read
                                    •   person selected by the voter must take the following
                                        oath: “I swear (or affirm) that I will not suggest, by
                                        word, sign, or gesture, how the voter should vote; I
                                        will confine my assistance to answering the voter’s
                                        questions, to stating propositions on the ballot, and to
                                        naming candidates and, if listed, their political
                                        parties; and I will prepare the voter’s ballot as the
                                        voter directs.”
                                                                                                                                  Texas Election Code §



                                                       •   state inspector may observe any function or activity at a
                                                           polling place and may take reasonable steps to obtain
                                                           evidence of the manner in which a function or activity is                     34.002
                            State Inspectors               being performed                                                                and
                                                       •   state inspector may not observe the preparation of the ballot                 34.004
                                                           of a voter not being assisted by an election officer
                                                       •   the secretary of state and members of the
                                                           secretary’s staff have the same rights
PRESENCE OF PERSONS




                                                       •   “watchers” are persons appointed to observe the
                                                           conduct of an election on behalf of a candidate, a
                                                           political party, or the proponents or opponents of a
                                                           measure
                                                       •   watcher must have a signed certificate of appointment
                                                           identifying the party the watcher represents, the                              33.001
                        Guidelines for Watchers            polling place watcher is assigned, and an affidavit                           through
                      permitted in the Polling Place       stating that watcher does not have any means of                                33.007
                                                           recording images or sound
                                                       •   special rules apply for watcher of write-in candidates
                                                       •   watchers for the office of vice-president of the United
                                                           States are not allowed
                                                       •   each authority may appoint a maximum of two
                                                           watchers for each polling place




                                                       •   watcher must be eligible to vote at the polling place watcher is
                                                           overseeing                                                                     33.031
                         Eligibility of Watchers       •   watcher must not be a candidate for public office, employee or                through
                                                           relative of election officer, public officer, or person convicted of           33.035
                                                           an election offense
                                                                                                                   Texas Election Code §




                                                     •   candidates commit an offense if they are in a polling
                                                         place for a purpose other than a) voting or b) official
                          Unlawful Presence              business                                                         61.001
                                                     •   exceptions may me made if candidate is not in plain
                            of Candidate                 view or within earshot of the voting area or where
                                                         voters are being accepted and is not engaged in cam-
                                                         paign activity
PRESENCE OF PERSONS




                                                     •   persons are not allowed in the polling place for pur-
                         Bystanders Excluded             poses other than voting - except as permitted by the             61.001
                                                         code




                                                     •   persons may not electioneer or loiter within 100 feet
                                                         of an outsider door of a polling place
                                                     •   electioneering and loitering are prohibited beginning            61.003
                      Electioneering and Loitering
                                                         when the polls open until they close or the last voter            and
                               Prohibited                has voted - whichever is later                                   61.004
                                                     •   use of sound amplification devices for electioneering
                                                         is prohibited within 1000 feet of the polling place
                                                                                                                   Texas Election Code §


                                                    •   only election officials may wear a name tag or official
                                                        badge indicating their name and position
                                                    •   no person may present or wear any symbol relating
                        Name Tags and Badges            to a candidate, measure, or political party appearing             61.010
                                                        on the ballot, or relating to the conduct of an election
                                                        in the polling place or within 100 feet of the polling
                                                        place




                                                    •   persons commit an offense if they indicate to a voter
                     Unlawfully Influencing Voter
INFLUENCING VOTERS




                                                        in a polling place by word, sign, or gesture how they             61.008
                                                        desire the voter to vote or not vote




                                                    •   persons may not use a wireless communication
                      Cell Phones and Other             device within 100 feet of a voting booth
                                                    •   presiding judge may require a person violating this
                     Communication Devices
                                                        section to turn off the device or to leave the polling
                                                        place                                                             61.013
                                                    •   does not apply to election officer conducting official
                                                        duties or to the use of election equipment necessary
                                                        for conducting the election




                                                    •   persons may not use a recording device, audio or
                                                        visual, within 100 feet of a voting booth
                                                    •   presiding judge may require a person violating this
                         Recording Devices              section to turn off the device or to leave the polling            61.013
                                                        place
                                                    •   does not apply to election officer conducting official
                                                        duties or to the use of election equipment necessary for
                                                        conducting the election

				
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