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.

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