2005 Texas Election Code CHAPTER 63. ACCEPTING VOTER

ELECTION CODE

CHAPTER 63. ACCEPTING VOTER


	§ 63.001. REGULAR PROCEDURE FOR ACCEPTING VOTER.  (a) 
Except as otherwise provided by this code, acceptance of voters 
shall be conducted as provided by this section and Section 63.0011.
	(b)  On offering to vote, a voter must present the voter's 
voter registration certificate to an election officer at the 
polling place.
	(c)  On presentation of a registration certificate, an 
election officer shall determine whether the voter's name on the 
registration certificate is on the list of registered voters for 
the precinct.
	(d)  If the voter's name is on the precinct list of 
registered voters, the voter shall be accepted for voting.
	(e)  On accepting a voter, an election officer shall indicate 
beside the voter's name on the list of registered voters that the 
voter is accepted for voting.
	(f)  After determining whether to accept a voter, an election 
officer shall return the voter's registration certificate to the 
voter.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1995, 74th Leg., ch. 797, § 38, eff. Sept. 1, 1995;  Acts 
1997, 75th Leg., ch. 864, § 54, eff. Sept. 1, 1997.


	§ 63.0011. STATEMENT OF RESIDENCE REQUIRED.  (a) Before a 
voter may be accepted for voting, an election officer shall ask the 
voter if the voter's residence address on the precinct list of 
registered voters is current and whether the voter has changed 
residence within the county.
	(b)  If the voter's residence address is not current because 
the voter has changed residence within the county, the voter may 
vote, if otherwise eligible, in the election precinct in which the 
voter is registered if the voter resides in the county in which the 
voter is registered and, if applicable:
		(1)  resides in the political subdivision served by the 
authority ordering the election if the political subdivision is 
other than the county;  or
		(2)  resides in the territory covered by the election 
in a less-than-countywide election ordered by the governor or a 
county authority.
	(c)  Before being accepted for voting, the voter must execute 
and submit to an election officer a statement including:
		(1)  a statement that the voter satisfies the 
applicable residence requirements prescribed by Subsection (b);
		(2)  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 location of the voter's residence;
		(3)  the month, day, and year of the voter's birth;  and                      
		(4)  the date the statement is submitted to the 
election officer.           
	(d)  The voter registrar shall provide to the general 
custodian of election records a sufficient number of statements of 
residence for use in each election.
	(e)  The voter registrar shall retain each statement of 
residence on file with the voter's voter registration application.

Added by Acts 1995, 74th Leg., ch. 797, § 39, eff. Sept. 1, 1995.          


	§ 63.002. SIGNATURE ROSTER.  (a) A signature roster shall 
be maintained by an election officer at the polling place.
	(b)  A voter who is accepted for voting must sign the roster 
before the voter is permitted to vote.
	(c)  If the voter cannot sign the voter's name, an election 
officer shall enter the voter's name with a notation of the reason 
for the voter's inability to sign the roster.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 55, eff. Sept. 1, 1997.


	§ 63.003. POLL LIST.  (a) A poll list shall be maintained 
by an election officer at the polling place.
	(b)  The poll list shall be maintained as an original and two 
copies.        
	(c)  An election officer shall enter each accepted voter's 
name on the list after the voter signs the signature roster.  The 
voters' names shall be entered on the poll list in the same order in 
which they appear on the signature roster.

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


	§ 63.004. COMBINATION FORM.  (a) The secretary of state 
may prescribe forms that combine the poll list, the signature 
roster, or any other form used in connection with the acceptance of 
voters at polling places with each other or with the list of 
registered voters.  The secretary shall prescribe any special 
instructions necessary for using the combination forms.
	(b)  The authority responsible for procuring the supplies 
for an election may furnish combination forms for use at the polling 
places.
	(c)  If a combination form is used, it shall be maintained in 
the number of copies specified by this code for the separate form 
incorporated into it for which the largest number of copies is 
required.
	(d)  An authority procuring lists of registered voters for 
use in an election may not require the voter registrar to furnish 
the lists in combination form without the registrar's consent.  A 
registrar may not require an authority requesting the lists to 
accept them in combination form without the authority's consent.

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


	§ 63.005. REGISTRATION OMISSIONS LIST.  (a) A 
registration omissions list shall be maintained by an election 
officer at the polling place.
	(b)  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 shall 
record:
		(1)  the voter's name, residence address, and voter 
registration number, if known;  and
		(2)  a notation of the section of this code under which 
the voter is accepted that provides for accepting voters who are not 
on the list.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 56, eff. Sept. 1, 1997.


	§ 63.006. VOTER WITH CORRECT CERTIFICATE WHO IS NOT ON 
LIST.  (a) 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.
	(b)  After the voter is accepted, an election officer shall 
indicate beside the voter's name on the poll list that the voter was 
accepted under this section.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 57, eff. Sept. 1, 1997.


	§ 63.007. VOTER WITH INCORRECT CERTIFICATE WHO IS NOT ON 
LIST.  (a) 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 if the voter 
executes an affidavit stating that the voter:
		(1)  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;
		(2)  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;
		(3)  did not deliberately provide false information to 
secure registration in a precinct in which the voter does not 
reside;  and
		(4)  is voting only once in the election.                                     
	(b)  After the voter is accepted, an election officer shall:                   
		(1)  indicate beside the voter's name on the poll list 
that the voter was accepted under this section;  and
		(2)  enter on the registration omissions list the 
precinct of the voter's registration as indicated by the voter's 
registration certificate.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 58, eff. Sept. 1, 1997.


	§ 63.008. VOTER WITHOUT CERTIFICATE WHO IS ON LIST.  (a) A 
voter who does not present a voter registration certificate when 
offering to vote, but whose name is on the list of registered voters 
for the precinct in which the voter is offering to vote, shall be 
accepted for voting if the voter executes an affidavit stating that 
the voter does not have the voter's voter registration certificate 
in the voter's possession at the polling place at the time of 
offering to vote and the voter presents proof of identification in a 
form described by Section 63.0101
	(b)  If the requirements prescribed by Subsection (a) are not 
met, the voter may be accepted for provisional voting only under 
Section 63.011.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 59, eff. Sept. 1, 1997;  Acts 
1997, 75th Leg., ch. 1078, § 7, eff. Sept. 1, 1997;  Acts 1997, 
75th Leg., ch. 1349, § 27, eff. Sept. 1, 1997;  Acts 2003, 78th 
Leg., ch. 1315, § 25, eff. Jan. 1, 2004.


	§ 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON 
LIST.  (a) Except as provided by Subsection (b), a voter who does 
not present a voter registration certificate when offering to vote, 
and whose name is not on the list of registered voters for the 
precinct in which the voter is offering to vote, shall be accepted 
for provisional voting if the voter executes an affidavit in 
accordance with Section 63.011.
	(b)  If an election officer can determine from the voter 
registrar that the person is a registered voter of the county and 
the person presents proof of identification, the affidavits 
required by Sections 63.007 and 63.008 are substituted for the 
affidavit required by Section 63.011 in complying with that 
section.  After the voter is accepted under this subsection, an 
election officer shall also indicate beside the voter's name on the 
poll list that the voter was accepted under this section.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1993, 73rd Leg., ch. 728, § 14, eff. Sept. 1, 1993;  Acts 
1997, 75th Leg., ch. 1078, § 8, eff. Sept. 1, 1997;  Acts 1997, 
75th Leg., ch. 1349, § 28, eff. Sept. 1, 1997;  Acts 2003, 78th 
Leg., ch. 1315, § 26, eff. Jan. 1, 2004.


	§ 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.  The 
following documentation is acceptable as proof of identification 
under this chapter:
		(1)  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;
		(2)  a form of identification containing the person's 
photograph that establishes the person's identity;
		(3)  a birth certificate or other document confirming 
birth that is admissible in a court of law and establishes the 
person's identity;
		(4)  United States citizenship papers issued to the 
person;                 
		(5)  a United States passport issued to the person;                           
		(6)  official mail addressed to the person by name from 
a governmental entity;
		(7)  a 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
		(8)  any other form of identification prescribed by the 
secretary of state. 

Added by Acts 1997, 75th Leg., ch. 1078, § 10, eff. Sept. 1, 
1997;  Acts 1997, 75th Leg., ch. 1349, § 30, eff. Sept. 1, 1997.  
Amended by Acts 2003, 78th Leg., ch. 1315, § 27, eff. Jan. 1, 
2004.


	§ 63.0102. USE OF CERTAIN ELECTRONICALLY READABLE 
INFORMATION.  (a)  An election officer may access electronically 
readable information on a driver's license or personal 
identification card for proof of identification when determining 
whether a voter shall be accepted for voting.
	(b)  The secretary of state shall prescribe any necessary 
procedures to implement this section.

Added by Acts 2005, 79th Leg., ch. 1189, § 1, eff. Sept. 1, 2005.          


	§ 63.011. PROVISIONAL VOTING.  (a) A person to whom 
Section 63.008(b) or 63.009(a) applies may cast a provisional 
ballot if the person executes an affidavit stating that the person:
		(1)  is a registered voter in the precinct in which the 
person seeks to vote;  and
		(2)  is eligible to vote in the election.                                     
	(b)  A form for the affidavit shall be printed on an envelope 
in which the provisional ballot voted by the person may be placed 
and must include a space for entering the identification number of 
the provisional ballot voted by the person.  The affidavit form may 
include space for disclosure of any necessary information to enable 
the person to register to vote under Chapter 13.  The secretary of 
state shall prescribe the form of the affidavit under this section.
	(c)  After executing the affidavit, the person shall be given 
a provisional ballot for the election.  An election officer shall 
record the number of the ballot on the space provided on the 
affidavit.
	(d)  An election officer shall enter "provisional vote" on 
the poll list beside the name of each voter who is accepted for 
voting under this section.
	(e)  A person who is permitted under a state or federal court 
order to cast a ballot in an election for a federal office after the 
time allowed by Subchapter B, Chapter 41, must cast the ballot as a 
provisional vote in the manner required by this section.

Added by Acts 2003, 78th Leg., ch. 1315, § 28, eff. Jan. 1, 2004.          


	§ 63.012. UNLAWFULLY ACCEPTING OR REFUSING TO ACCEPT 
VOTER.  (a) An election officer commits an offense if the officer 
knowingly:
		(1)  permits an ineligible voter to vote other than as 
provided by Section 63.011;  or
		(2)  refuses to accept a person for voting whose 
acceptance is required by this code.
	(b)  An offense under this section is a Class B misdemeanor.                   

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 2003, 78th Leg., ch. 1315, § 29, eff. Jan. 1, 2004.


	§ 63.013. ELECTRONIC REGISTRATION SYSTEM PILOT PROGRAM.                     

Text of section effective until January 1, 2007
	(a)  The secretary of state shall implement a pilot program 
to evaluate the use of an electronic registration system on 
election day and during the period for early voting by personal 
appearance.  The program shall:
		(1)  be limited to a single county that chooses to 
participate and has a population of approximately 500,000 people;
		(2)  allow for the use of a card with a magnetic stripe 
issued to the voter to confirm the voter's registration instead of 
the registration certificate when the voter appears in person to 
vote;  and
		(3)  be used in one or more countywide elections as 
determined appropriate by the secretary of state and the county.
	(b)  At the conclusion of the pilot program established under 
Subsection (a), but not later than December 31, 2006, the secretary 
of state shall file a report with the governor, the lieutenant 
governor, and the speaker of the house of representatives on the 
pilot program and the use of an electronic registration card.  The 
report may contain recommendations on the future use of the card and 
suggestions for permanent statutory authority regarding the use of 
the card.
	(c)  This section expires January 1, 2007.                                     

Added by Acts 2003, 78th Leg., ch. 1012, § 1, eff. June 20, 2003.