2005 Texas Election Code CHAPTER 18. PROCEDURES FOR IDENTIFYING REGISTERED VOTERS

ELECTION CODE

CHAPTER 18. PROCEDURES FOR IDENTIFYING REGISTERED VOTERS

SUBCHAPTER A. REGISTRATION LISTS


	§ 18.001. ORIGINAL LIST OF REGISTERED VOTERS.  (a) Before 
the beginning of early voting for the first election held in a 
county in each voting year, the registrar shall prepare for each 
county election precinct a certified list of the registered voters 
in the precinct.  The list must contain the name of each voter whose 
registration will be effective on the date of the first election 
held in the county in the voting year.
	(b)  On request of the authority responsible for procuring 
election supplies for an election authorized by law to be held in 
the county during the voting year for which the lists are prepared, 
the registrar shall furnish to the authority a list for each county 
election precinct wholly in the territory covered by the election.  
On request of the authority for an election in which a county 
election precinct is partly in the political subdivision or partly 
in a territorial unit of the political subdivision from which a 
member of the subdivision's governing body is elected by only the 
voters residing in that unit, the registrar shall furnish for each 
partly included county election precinct a list that contains only 
the names of voters who reside in the political subdivision or 
territorial unit, as applicable.  The request for restricted lists 
must be accompanied by a description or map of the applicable 
boundary of the political subdivision or territorial unit that is 
in sufficient detail to enable the registrar to prepare the 
requested lists.  The request must be delivered early enough to 
afford the registrar reasonable time to prepare timely lists.
	(c)  Except as otherwise provided by this code, the list 
shall be used throughout the voting year.
	(d)  An additional copy of each list shall be furnished for 
use in early voting.
	(e)  In this code, "original list of registered voters" means 
a list prepared under this section.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.32;  Acts 1991, 72nd Leg., ch. 
554, § 3, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, § 
3, eff. Sept. 1, 1993.


	§ 18.002. SUPPLEMENTAL LIST OF REGISTERED VOTERS.  (a) 
For each election held in the county in a voting year, on request of 
the authority responsible for procuring election supplies, the 
registrar shall prepare and furnish to the authority a certified 
list supplementing each original list furnished to the authority.  
The list must contain the name of each voter whose registration will 
be effective on election day but whose name does not appear on the 
original list.
	(b)  For a runoff election, as an alternative to the list 
required by Subsection (a), the registrar may furnish for each 
county election precinct wholly or partly in the territory covered 
by the runoff a certified list containing the name of each voter 
whose registration will be effective on runoff election day but 
whose name does not appear on the original list or on a list 
furnished under Subsection (a) for the main election.
	(c)  An additional copy of each list shall be furnished for 
use in early voting.
	(d)  In this code, "supplemental list of registered voters" 
means a list prepared under this section.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.33;  Acts 1991, 72nd Leg., ch. 
554, § 4, eff. Sept. 1, 1991.


	§ 18.003. REGISTRATION CORRECTION LIST.  (a) For each 
election held in the county in a voting year, the registrar shall 
prepare and furnish to the authority responsible for procuring 
election supplies a certified list of corrections.
	(b)  The list must contain:                                                    
		(1)  the name of each person for whom the information on 
a list of registered voters furnished under Section 18.001 or 
18.002 has changed because of cancellation or correction;  and
		(2)  an indication that the person's registration has 
been canceled or the corrected registration information.
	(c)  An additional copy of each list shall be furnished for 
use in early voting.
	(d)  In this code, "registration correction list" means a 
list prepared under this section.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.34;  Acts 1991, 72nd Leg., ch. 
554, § 5, eff. Sept. 1, 1991.


	§ 18.004. REVISED ORIGINAL LIST.  (a) As an alternative 
to furnishing a supplemental list of registered voters and a 
correction list for an election, the registrar may furnish a 
certified revised original list.
	(b)  A revised list must contain the name of each voter whose 
registration will be effective on election day.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.                     


	§ 18.005. FORM AND CONTENTS OF LIST.  (a) Each original 
and supplemental list of registered voters must:
		(1)  contain the voter's name, residence address, date 
of birth, and registration number as provided by the statewide 
computerized voter registration list;
		(2)  be arranged alphabetically by voter name;                                
		(3)  contain the notation required by Section 15.111;  
and                  
		(4)  until Section 13.122(d) expires, identify each 
voter registered by mail for the first time who failed to provide a 
copy of a document described by Section 63.0101 establishing the 
voter's identity at the time of registration.
	(b)  If the voter's residence has no address, the list must 
contain a concise description of the location of the voter's 
residence.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 436, § 7, eff. Sept. 1, 1987;  Acts 
1995, 74th Leg., ch. 797, § 25, eff. Sept. 1, 1995;  Acts 2003, 
78th Leg., ch. 1315, § 4, eff. Jan. 1, 2004.


	§ 18.006. DELIVERY OF LISTS TO ELECTION AUTHORITIES.  The 
registrar shall deliver the lists furnished under this subchapter, 
including the lists furnished under Section 18.007, to the 
appropriate authority as soon as practicable after the request but 
in every case in time for receipt before the beginning of early 
voting by mail for the election in which the lists are to be used.  
If those lists do not contain the names of all voters who will be 
eligible to vote as of the beginning of early voting by personal 
appearance, another set of the appropriate lists shall be delivered 
before the beginning of early voting by personal appearance.  If 
those lists do not contain the names of all voters whose 
registrations will be effective on election day, another set of the 
appropriate lists shall be delivered as soon as practicable after 
the registrar has processed the remaining applications.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 436, § 7, eff. Sept. 1, 1987;  Acts 
1987, 70th Leg., ch. 501, § 1, eff. Sept. 1, 1987;  Acts 1991, 
72nd Leg., ch. 203, § 2.35;  Acts 1991, 72nd Leg., ch. 554, § 
6, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 916, § 14, eff. 
Sept. 1, 1993.


	§ 18.007. LISTS FURNISHED FOR PRECINCT CONVENTIONS.  In a 
voting year in which a political party holds precinct conventions 
in the county under Title 10, the registrar, on request of the 
party's county chair, shall furnish to the chair for use in 
qualifying individuals for participation in the conventions one of 
each of the original, supplemental, and correction lists prescribed 
by this subchapter.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 11, eff. Sept. 1, 1997.


	§ 18.008. COPIES FURNISHED ON REQUEST.  (a) The registrar 
shall furnish a copy of any list prepared under this subchapter to 
any person requesting it.  The copy shall be furnished without the 
names of voters whose names appear on a list with the notation "S", 
or a similar notation, if requested in that form.
	(b)  The list shall be furnished as soon as practicable after 
the request but not later than the 15th day after the date the 
registrar receives the request or completes preparation of the list 
from which the copy is to be made, whichever is later.
	(c)  If the list is recorded on magnetic tape, the copy shall 
be furnished in the form of a tape or printout, as requested.
	(d)  The copy must be accompanied by a written notice of the 
criminal penalty prescribed by Section 18.009.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1993, 73rd Leg., ch. 916, § 15, eff. Sept. 1, 1993;  Acts 
1995, 74th Leg., ch. 797, § 26, eff. Sept. 1, 1995.


	§ 18.009. UNLAWFUL USE OF INFORMATION ON REGISTRATION 
LIST.  (a) A person commits an offense if the person uses 
information in connection with advertising or promoting commercial 
products or services that the person knows was obtained under 
Section 18.008.
	(b)  An offense under this section is a Class A misdemeanor.                   

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 12, eff. Sept. 1, 1997.


	§ 18.010. FEES.  (a) The registrar may not charge a fee 
for furnishing lists required to be furnished under this subchapter 
except as authorized by this section.
	(b)  The fee for each list furnished under Section 18.008 may 
not exceed the actual expense incurred in reproducing the list for 
the person requesting it and shall be uniform for each type of copy 
furnished.
	(c)  The registrar shall use fees collected under this 
section to defray expenses incurred in the preparation of the copy.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.                     


	§ 18.011. FILE OF LISTS FOR COUNTYWIDE ELECTION.  (a) The 
registrar shall maintain a file containing one of each of the lists 
prepared under this subchapter for each countywide election.
	(b)  The registrar shall retain each list on file for two 
years after election day except a list used in a presidential 
election, which shall be retained for four years after election 
day.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.                     


	§ 18.012. SECRETARY OF STATE TO APPROVE COMPUTER SERVICES 
CONTRACTS.  (a) A county may not contract with a computer service 
company or other private business entity for services related to 
the lists required under this subchapter unless the programs, 
equipment, or other materials to be covered by the contract are 
approved by the secretary of state.  The secretary may rescind 
approval of the programs, equipment, or other materials at any 
time, and on that action the contract is nullified to the extent 
that it depends on the disapproved items.
	(b)  A computer service company or other private business 
entity may not use modified programs, equipment, or other materials 
under the contract unless the modifications are approved by the 
secretary of state.
	(c)  A person commits an offense if the person violates 
Subsection (b).  An offense under this subsection is a Class A 
misdemeanor.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1993, 73rd Leg., ch. 916, § 16, eff. Sept. 1, 1993.


	§ 18.0121. CONTRACT TO INVESTIGATE VOTER ELIGIBILITY.  A 
list of potentially ineligible voters produced for a county by a 
private business entity may not be made available to the public or 
otherwise used by the registrar unless the registrar has verified 
the accuracy of the information on the list through available 
public records.

Added by Acts 2001, 77th Leg., ch. 555, § 1, eff. Sept. 1, 2001.           


	§ 18.013. POLITICAL SUBDIVISION LIST IN CERTAIN 
COUNTIES.  (a) On the written request of any resident of a 
political subdivision of which more than one-half of the political 
subdivision's territory is situated in a county with a population 
of 25,000 or less, the registrar of a county in which the political 
subdivision is wholly or partly situated shall prepare and furnish 
to the person a list containing the registered voters of that county 
who reside in the political subdivision or, if requested, who 
reside in a territorial unit of the political subdivision from 
which a member of the subdivision's governing body is elected by 
only the voters residing in the territorial unit.
	(b)  A request under Subsection (a) must be accompanied by a 
description or map, if a map is available, of the boundary of the 
political subdivision or territorial unit.  The boundary 
information must be of sufficient detail to enable the registrar to 
prepare the requested list.
	(c)  The list must contain the name of each voter whose 
registration is effective on the date the list is furnished and must 
comply with the requirements as to form and content prescribed by 
Section 18.005.
	(d)  The list shall be furnished as soon as practicable after 
the request but not later than the 30th day after the date the 
registrar receives the request and boundary description or map.
	(e)  The registrar may charge a fee for the list not to exceed 
the actual expense incurred in preparing the list.  The fees shall 
be used to defray expenses incurred in preparing the lists.
	(f)  Section 18.009 applies to the use of information 
obtained under Subsection (a).
	(g)  Except as provided by this section, this subchapter does 
not apply to a list furnished under this section.

Added by Acts 1991, 72nd Leg., ch. 517, § 1, eff. Sept. 1, 1991.           

SUBCHAPTER B. REGISTRATION STATEMENTS


	§ 18.041. ANNUAL REGISTRATION REPORT.  (a)  Each voting 
year, the registrar shall prepare a report of the number of persons 
whose voter registrations in the county and in each county election 
precinct will be effective on January 1.
	(b)  The secretary of state shall prescribe the categories of 
voters and computations required in the report.
	(c)  The registrar shall retain a copy of the report on file 
as a registration record for two years.
	(d)  The registrar shall file the report with the secretary 
of state not later than January 2.
	(e)  The secretary of state shall retain the report on file 
for two years.   

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 54, § 2(b), eff. Sept. 1, 1987;  Acts 
1987, 70th Leg., ch. 436, § 14, eff. Sept. 1, 1989;  Acts 1987, 
70th Leg., ch. 472, § 57, eff. Sept. 1, 1989;  Acts 1993, 73rd 
Leg., ch. 916, § 17, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., 
ch. 797, § 27, eff. Sept. 1, 1995;  Acts 2005, 79th Leg., ch. 
1105, § 6, eff. Jan. 1, 2006.


	§ 18.042. PREELECTION REGISTRATION STATEMENT.  (a) Not 
later than the 20th day before the date of the general primary 
election and the date of the general election for state and county 
officers, the registrar shall file with the secretary of state a 
statement of the number of persons whose voter registrations in the 
county and in each county election precinct will be effective on 
election day.
	(b)  The secretary of state shall prescribe the categories of 
voters and computations required in the statement.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1986, 69th Leg., 3rd C.S., ch. 14, § 6, eff. Sept. 1, 1987;  
Acts 1987, 70th Leg., ch. 54, § 2(b), (f), eff. Sept. 1, 1987;  
Acts 1989, 71st Leg., ch. 114, § 2, eff. Sept. 1, 1989;  Acts 
1995, 74th Leg., ch. 797, § 28, eff. Sept. 1, 1995.


	§ 18.043. STATEMENT REQUIRED UNDER FEDERAL LAW.  (a) At 
the times prescribed by the secretary of state, the registrar shall 
deliver to the secretary a statement containing the voter 
registration information determined by the secretary to be 
necessary to comply with reporting requirements prescribed under 
federal law.
	(b)  The secretary of state shall prescribe the form, 
content, and procedure for each statement required under this 
section.
	(c)  The registrar shall maintain the information required 
for the statements in accordance with procedures prescribed by the 
secretary of state.

Added by Acts 1995, 74th Leg., ch. 797, § 29, eff. Sept. 1, 1995.          

SUBCHAPTER C. REGISTRATION SERVICE PROGRAM


	§ 18.061. STATEWIDE COMPUTERIZED VOTER REGISTRATION 
LIST.  (a)  The secretary of state shall implement and maintain a 
statewide computerized voter registration list that serves as the 
single system for storing and managing the official list of 
registered voters in the state.
	(b)  The statewide computerized voter registration list 
must:                
		(1)  contain the name and registration information of 
each voter registered in the state;
		(2)  assign a unique identifier to each registered 
voter; and               
		(3)  be available to any election official in the state 
through immediate electronic access.
	(c)  Under procedures prescribed by the secretary of state, 
each voter registrar shall provide to the secretary of state on an 
expedited basis the information necessary to maintain the 
registration list established under Subsection (a).  The procedures 
shall provide for the electronic submission of the information.
	(d)  The secretary of state may contract with counties to 
provide them with electronic data services to facilitate the 
implementation of the statewide computerized voter registration 
list. The secretary shall use funds collected under the contracts 
to defray expenses incurred in implementing the statewide 
computerized voter registration list.
	(e)  The secretary of state shall prescribe procedures to 
ensure that when a voter registers in another county, as determined 
under Section 16.031(a)(6), the statewide computerized voter 
registration list is updated to reflect the voter's registration in 
the new county.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 2003, 78th Leg., ch. 1315, § 6, eff. Jan. 1, 2006;  Acts 
2005, 79th Leg., ch. 1105, § 7, eff. Jan. 1, 2006.


	§ 18.064. SANCTION FOR NONCOMPLIANCE.  If a registrar 
fails to substantially comply with Section 15.083, 16.032, 18.042, 
or 18.061 or with rules adopted by the secretary of state 
implementing the statewide computerized voter registration list, 
the registrar is not entitled to receive state funds for financing 
voter registration in the county.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1989, 71st Leg., ch. 114, § 3, eff. Sept. 1, 1989;  Acts 
1993, 73rd Leg., ch. 916, § 19, eff. Sept. 1, 1993;  Acts 2003, 
78th Leg., ch. 1315, § 7, eff. Jan. 1, 2006.


	§ 18.065. SECRETARY OF STATE TO MONITOR REGISTRAR'S 
COMPLIANCE.  (a)  The secretary of state shall monitor each 
registrar for substantial compliance with Sections 15.083, 16.032, 
18.042, and 18.061 and with rules implementing the statewide 
computerized voter registration list.
	(b)  On determining that a registrar is not in substantial 
compliance, the secretary shall deliver written notice of the 
noncompliance to:
		(1)  the registrar, including in the notice a 
description of the violation and an explanation of the action 
necessary for substantial compliance and of the consequences of 
noncompliance;  and
		(2)  the comptroller of public accounts, including in 
the notice the identity of the noncomplying registrar.
	(c)  On determining that a noncomplying registrar has 
corrected the violation and is in substantial compliance, the 
secretary shall deliver written notice to the registrar and to the 
comptroller that the registrar is in substantial compliance.
	(d)  The comptroller shall retain a notice received under 
this section on file until July 1 following the voting year in which 
it is received.  The secretary shall retain a copy of each notice 
the secretary delivers under this section for two years after the 
date the notice is delivered.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1989, 71st Leg., ch. 114, § 4, eff. Sept. 1, 1989;  Acts 
1993, 73rd Leg., ch. 916, § 20, eff. Sept. 1, 1993;  Acts 2003, 
78th Leg., ch. 1315, § 8, eff. Jan. 1, 2006.


	§ 18.066. AVAILABILITY OF STATEWIDE COMPUTERIZED VOTER 
REGISTRATION LIST INFORMATION.  (a)  The secretary of state shall 
furnish information in the statewide computerized voter 
registration list to any person on request not later than the 15th 
day after the date the request is received.
	(b)  Information furnished under this section may not 
include a voter's social security number.
	(c)  The secretary shall furnish the information in the form 
and order in which it is stored or if practicable in any other form 
or order requested.
	(d)  To receive information under this section, a person must 
submit an affidavit to the secretary stating that the person will 
not use the information obtained in connection with advertising or 
promoting commercial products or services.
	(e)  The secretary may prescribe a schedule of fees for 
furnishing information under this section.  A fee may not exceed the 
actual expense incurred in reproducing the information requested.
	(f)  The secretary shall use fees collected under this 
section to defray expenses incurred in the furnishing of the 
information.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 2003, 78th Leg., ch. 1315, § 9, 10, eff. Jan. 1, 2006.


	§ 18.067.  UNLAWFUL USE OF STATEWIDE COMPUTERIZED VOTER 
REGISTRATION LIST.  (a) A person commits an offense if the person 
uses information in connection with advertising or promoting 
commercial products or services that the person knows was obtained 
under Section 18.066.
	(b)  An offense under this section is a Class A misdemeanor.                   

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 13, eff. Sept. 1, 1997;  Acts 
2003, 78th Leg., ch. 1315, § 11, eff. Jan. 1, 2006.