Texas 2015 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. Note: This FAQ is not exhaustive. Situations or inquiries may arise that are not answered below. In those circumstances, contact your hotline captain or command center for assistance. Please make sure to record all of the voter’s contact information should follow-up be necessary. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. TABLE OF CONTENTS Am I registered to vote? 12. I am a college student. Can I vote where I go to Where do I vote? school? When do the polls open/close? 13. I am physically disabled and need assistance. Will When is/was the voter registration deadline? my polling place be accessible? What ID do I need to Vote? 14. I am blind, physically disabled, or cannot read I have moved and I didn’t update my voter English and require assistance in order to vote. registration, can I vote? Can I get assistance at the polls? What should I do if there are equipment 15. I don’t know how to use the voting equipment. problems at my precinct? Can I get help? I am a registered voter who is not on the rolls 16. Can I vote absentee or vote in person before at my precinct. Can I vote where I am? election day? My name isn’t popping up on the list of 17. What if I requested an absentee ballot but I want registered voters – could it have been to vote in person on Election Day? removed? 18. How can I get a ride to the polls? I have a felony conviction. Can I vote? 19. Are employers required to give employees time I have been offered a provisional ballot. off to vote? What should I do? 20. What is the law or procedure on emergency ballots if a voting machine malfunctions? 21. If a voter casts a provisional ballot at the wrong precinct, will the ballot be counted? 1. Am I registered to vote? A voter can determine whether he or she is registered to vote by checking the Texas Secretary of State’s website (https://team1.sos.state.tx.us/voterws/). 2. Where do I vote? A voter can determine his or her proper polling place by checking the Texas Secretary of State’s website (https://team1.sos.state.tx.us/voterws/). If a voter has moved recently and has not updated their voter registration, refer to Question #6. 3. What time do the polls open and close? The polls must be open from 7:00 a.m. to 7:00 p.m. on Election Day.1 If you are a hotline volunteer or a field volunteer and a polling place is not open at 7:00 a.m., advise voters to stay at the polling location and contact your hotline captain/command center. If the polling location is open at 7:00 a.m., but the voting machines have not arrived, voters should be permitted to vote instead with paper ballots. 2 (8/5/2014) 1 A voter in line at the polling place by 7:00 p.m. must be allowed to vote. 3 If you are a hotline volunteer or a field volunteer and a polling place prohibits those who were in line before 7:00 pm from voting, advise voters to stay at the polling location and contact your hotline captain/command center. 4. When is/was the voter registration deadline? The voter registration deadline is 30 days prior to the election. Voter registration applications submitted by mail will be processed if they are postmarked on or before 30 days prior to Election Day. 5. What ID do I need to vote? Texas voters must show a Photo ID to vote in elections in Texas, unless you are exempt (see “Exemptions” below). A voter may only cast a regular ballot on Election Day if she or he provides an acceptable form of identification. 4 Only the following forms of identification are acceptable: A driver’s license, election identification certificate, or personal identification card issued by the Texas Department of Public Safety that has not yet expired or that expired within the past 60 days; A U.S. military identification card containing the voter’s photograph that has not yet expired or that expired within the past 60 days; A U.S. citizenship certificate containing the voter’s photograph; A U.S. passport that has not yet expired or that expired within the past 60 days; or A concealed handgun license issued by the Texas Department of Public Safety that has not yet expired or that expired within the past 60 days. 5 An ELECTION IDENTIFICATION CERTIFICATE (EIC)- which can be obtained at any of the State’s Drivers License offices free of charge. The address on a voter’s ID does not need to match the address on the list of registered voters. Exemptions: A. VOTERS WITH DISABILITIES: A disabled voter may be permitted to present a voter registration certificate on Election Day in lieu of one of the acceptable forms of identification listed above. 6 A disabled voter may do so only if his or her registration application included: Written documentation from the Social Security Administration or the U.S. Department of Veterans Affairs evidencing the disability; and A statement from the Texas Secretary of State indicating that the voter does not have an acceptable form of identification. 7 B. VOTING BY MAIL: If you are voting by mail, you do not have to submit a photo ID If a voter does not have identification on Election Day, she or he may vote a provisional ballot. 8 To receive a provisional ballot on Election Day, the voter must sign an affidavit stating that she or he is a registered voter in the precinct and is eligible to vote in the election. 9 However, the voter’s provisional ballot will not be counted unless the voter appears before the local Voter Registrar within six calendar days of the election to present one of the acceptable forms of identification listed above. 10 Election officials are required by law to inform the voter where to find the local Voter 2 Registrar. 11 If a voter cannot provide an acceptable form of identification to the Voter Registrar, the provisional ballot will only be counted if the voter signs an affidavit claiming a religious or natural disaster exception. 12 6. I have moved and I didn’t update my voter registration, can I vote? The answer to this question depends on when the voter moved and where the voter moved. Refer to the table below. Moved within the same precinct Moved within 30 days of Election Day Moved more than 30 days before Election Day If the voter has moved within the same precinct, the voter should still go to the appropriate polling location for that precinct. If the precinct registration list still lists the voter’s old address, the voter will be asked to update their registration information. If the updated address is within the precinct, the voter must be allowed to vote a regular ballot. 13 If the voter has moved within the same precinct, the voter should still go to the appropriate polling location for that precinct. If the precinct registration list still lists the voter’s old address, the voter will be asked to update their registration information. If the updated address is within the precinct, the voter must be allowed to vote. 16 Moved to a different precinct but within the same county Go to the polling place that corresponds with the OLD address and complete a change of address form. Will be able to cast a regular ballot.14 Moved to a different county Go to the polling place that corresponds with the OLD address and complete a change of address form. Will be able to cast a regular ballot. 17 You must re-register to vote at your new address by the registration deadline. If you have not reregistered, you may be able to vote a “limited” ballot on issues and candidates that are common between the two counties. However, you can only vote a limited ballot either by early voting by mail or by early voting in person. You cannot vote a limited ballot in person on Election Day. 18 Go to the polling place that corresponds with the OLD address and complete a change of address form. 15 7. What should I do if there are equipment problems at my precinct? Voters should immediately notify the election officers if the voting equipment breaks down. If the problem cannot be fixed in a timely manner, a voter should ask if an emergency paper ballot is available. 19 If voting equipment is not functional, contact your hotline captain or command center. They will then contact local elections officials to attempt to resolve the issue. 8. I am a registered voter who is not on the rolls at my precinct. Can I vote where I am? 3 If a voter is not found on the rolls of the polling place where the voter is attempting to vote, the voter is still entitled to cast a regular ballot, as long as she or he provides a voter registration certificate in addition to one of the acceptable forms of identification listed above. The voter registration certificate must indicate that the voter is registered to vote either in the precinct, or in a different precinct in the same county. If the voter registration certificate shows that the voter registered to vote in a different precinct, the voter must also sign an affidavit. 20 If the voter does not have his or her voter registration certificate on Election Day, the voter is still entitled to vote a provisional ballot.8 To receive a provisional ballot on Election Day, the voter must sign an affidavit stating that she or he is a registered voter in the precinct and is eligible to vote in the election. 21 Assuming the voter provided an acceptable form of identification on Election Day, she or he will not have to appear before the local Voter Registrar to have his or her vote counted. 22, 23 9. My name isn’t popping up on the list of registered voters – could it have been removed? A voter’s name may only be removed from the list of registered voters by his or her written request, relocation to another county or state, lack of U.S. citizenship, mental incapacity (if determined by a final judgment of a court exercising probate jurisdiction), conviction of a felony, death, or, in some cases, if a voter has not voted for two consecutive federal general elections. 24 In most cases, each voter whose name was removed from the voter registration list and later becomes eligible to vote must reregister to have his or her name restored to the list of registered voters. 10. I have a felony conviction. Can I vote? People with with felony convictions may vote in Texas if they have fully completed their sentence, including any term of incarceration, parole, supervision, or court-ordered probation. In addition, persons with felony convictions may also be allowed to vote if they have been pardoned or otherwise had their voting rights restored. 25 11. I have been offered a provisional ballot. What should I do? Inquire why the voter was offered a provisional ballot. Provisional ballots are a LAST resort. A voter should be offered a provisional ballot only when: The voter does not have the required identification with her or him at the polls; The voter has received a disability exemption from the identification requirement, but does not have a voter registration certificate with her or him at the polls; The voter applied for an absentee ballot, but chose to vote in person at the polls; The voter is casting his or her ballot during court-ordered extended polling hours; The voter is attempting to vote in a precinct other than the one in which she or he is already registered; The voter’s name is missing from the rolls at the precinct, and the voter does not have a voter registration certificate with her or him at the polls; or The voter is registered on the precinct rolls, but his or her registered address is outside the political subdivision. 26 Other than for these reasons, the voter should be able to cast a regular ballot. However, if the voter needs to cast a provisional ballot, the voter must sign an affidavit stating that she or he is a registered voter in the precinct and is eligible to vote in the election. 27 Additionally, if the voter received a provisional ballot due to a lack of identification, she or he must appear before the local Voter Registrar within six calendar days of the election to present one of the acceptable forms of identification listed above. 28 Election officials are required by law to inform the 4 voter where to find the local Voter Registrar. 29 If a voter cannot provide identification to the Voter Registrar, the provisional ballot will only be counted if the voter signs an affidavit claiming a religious or natural disaster exemption. 30 12. I am a college student. Can I vote where I go to school? College students may register and vote where they go to school as long as they consider that location as their voting residence. A voting residence is the residence the student claims as the student’s home, and which qualifies the student to vote on a particular ballot. A residence is defined as a person’s home and fixed place of habitation, to which the person intends to return after any temporary absence. 31 Students must be held to the same eligibility requirements as any other voter in the jurisdiction. If a student has been turned away at the polls, ascertain whether she or he has fulfilled all of the registration requirements (age, criminal status, durational residency requirements) and that the student has registered on time for this election. 32 13. I am physically disabled and need assistance. Will my polling place be accessible? Texas law requires that each polling location be accessible to physically disabled voters. 33 Additionally, each polling location must also provide at least one voting station that is accessible to physically disabled voters. 34 Many polling locations do not meet these requirements. Should a voter be physically unable to enter the polling location, the voter may request that an election officer deliver a ballot to the voter at the polling location’s entrance or curb. After the voter completes his or her ballot, either the election officer or a person accompanying the voter shall be permitted deposit the ballot in the ballot box. 35 14. I am blind, physically disabled, or cannot read English and require assistance in order to vote. Can I get assistance at the polls? Election officials must assist any voter who requires assistance to vote due to blindness, physical disability, or an inability to read the language in which the ballot is written. A voter is also entitled to receive assistance from any person of the voter’s choice (other than the voter’s employer, an agent of the voter’s employer, or an officer or agent of the voter’s labor union). 36 Federal and Texas law also requires that bilingual ballots, instructions, voting materials, and poll workers be made available to voters statewide and in certain counties: Chinese: Harris County, King County Kickapoo: Maverick County Navajo: San Juan County Pueblo: El Paso County Spanish: Statewide Vietnamese: Harris County, King County 37 15. I don’t know how to use the voting equipment. Can I get help? Texas law permits election officials to provide voters with general information regarding the ballot and the operation of voting equipment. In addition, polling locations are required to display voting instruction posters to voters waiting to cast their ballots. 38 16. Can I vote absentee or vote in person before election day? Absentee voting allows registered voters to vote by mail or in-person before Election Day. There are three types of voting before Election Day in Texas: 5 1) Absentee voting by mail (also called early voting by mail): This type of absentee voting allows a voter to request that an absentee ballot be sent to the voter by mail. You may vote early by mail if: You will be away from your county on Election Day and during early voting; You are sick or disabled; You are 65 years of age or older on Election Day; or You are confined in jail, but eligible to vote. 39 Voters can obtain an absentee ballot application on the Secretary of State Division of Elections website (http://www.sos.state.tx.us/elections/forms/), the Secretary of State’s office, or the Early Voting Clerk in the voter’s county. You may send in your application for a ballot by mail by: Regular mail; Common or contract carrier; or Fax (if a fax machine is available to the Early Voting Clerk). The absentee ballot request must be received by the voter’s Early Voting Clerk not earlier than the 60th day and not later than the 9th day before election day. If the 9th day is a weekend or holiday, the deadline is the first preceding business day. Applications must be received (not postmarked) by the last day of the application period. All applications to vote by mail must be received by the early voting clerk before the close of regular business or 12 noon, whichever is later. 40 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. 2) Early Voting (also called in-person absentee voting): Registered voters may go in person to their county board of elections office (or an alternative location) to vote an absentee ballot. 41 Generally, early voting in person begins the 17th day before Election Day (if that’s a weekend, early voting starts on Monday) and ends the 4th day before Election Day. (EXCEPTION: Early voting for elections held in May starts the 12th day before Election Day and ends on the 4th day before Election Day.) 42 You can find the locations and times of early voting polling places for the voter’s specific county at: (http://www.sos.state.tx.us/elections/voter/links.shtml#County). 3) Military-Overseas Citizens Absentee Voting: Absent uniformed service members (and their eligible dependents) and U.S. citizens living outside of the United States may request an absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). The voter can get step-bystep assistance and forms at http://www.fvap.gov/. 17. What if I requested an absentee ballot but I want to vote in person on Election Day? If a voter had requested an absentee ballot, but instead chooses to vote in person on Election Day, she or he should be allowed to cast a provisional ballot at his respective polling place as long as the voter has not already submitted the absentee ballot. The voter will be required to sign an affidavit stating that she or he is a registered voter in the precinct and did not vote early by mail. 43 18. How can I get a ride to the polls? Election Protection does not know of any non-partisan organziations providing rides to the polls in the 2015 election. You can suggest that the voter contact a candidate or political party with which they affiliate and see if they are providing that service 6 19. Are employers required to give employees time off to vote? Yes. If an employee’s work hours prevent the employee from having at least two hours to go to the polls and vote, then the employer must allow the employee to go to the polls and vote. The employer cannot threaten or punish the employee for voting, such as by decreasing the employee’s pay or taking away a work benefit.44 20. What is the law or procedure on emergency ballots if a voting machine malfunctions? If a voting machine malfunctions, poll workers can allow voters to vote on any paper ballots available, including early vote ballots and the paper ballot slips normally used in a voting machine.45 21. If a voter casts a provisional ballot at the wrong precinct, will the ballot be counted? Under Texas law, a voter who casts a provisional ballot must sign an affidavit saying that they live in the precinct where they are seeking to vote.46 7 1 TEX. ELEC. CODE § 41.031(a). 2 TEX. ELEC. CODE § 125.006(c)(2). 3 TEX. ELEC. CODE § 41.032. 4 TEX. ELEC. CODE § 63.001(b). 5 TEX. ELEC. CODE § 63.0101. 6 TEX. ELEC. CODE § 63.001(h). 7 TEX. ELEC. CODE §§ 13.002(i). 8 TEX. ELEC. CODE § 63.001(g). 9 TEX. ELEC. CODE § 63.011. 10 TEX. ELEC. CODE § 65.0541. 11 TEX. ELEC. CODE § 63.001(g)(2). 12 TEX. ELEC. CODE § 65.054(b)(2). 13 TEX. ELEC. CODE § 63.011(b). 14 TEX. ELEC. CODE § 11.004. 15 TEX. ELEC. CODE § 11.004. 16 TEX. ELEC. CODE § 63.011(b). 17 TEX. ELEC. CODE § 11.004. 18 TEX. ELEC. CODE § 63.009. 19 TEX. ELEC. CODE §§ 125.006(c)(2) and (3). 20 TEX. ELEC. CODE § 63.006. 21 TEX. ELEC. CODE § 63.009. 22 TEX. ELEC. CODE § 63.011. 23 TEX. ELEC. CODE § 65.054. 24 TEX. ELEC. CODE § 16.031–16.032. 25 TEX. ELEC. CODE § 13.001(4). 26 TEX. ADMIN. CODE § 81.172(a). 27 TEX. ELEC. CODE § 63.011. 28 TEX. ELEC. CODE § 65.0541. 29 TEX. ELEC. CODE § 63.001(g)(2). 30 TEX. ELEC. CODE § 65.054(b)(2). 31 TEX. ELEC. CODE. § 1.015. 32 See generally United States v. Texas, 445 F. Supp. 1245, 1261–62 (S.D. Tex. 1978), aff’d 439 U.S. 1105 (1979). 33 TEX. ELEC. CODE § 43.034. 34 TEX. ELEC. CODE § 61.012 35 TEX. ELEC. CODE § 64.009. 36 42 U.S.C. § 1973aa-6; TEX. ELEC. CODE §§ 61.034, 64.032. 37 Section 208 of Voting Rights Act; TEX. ELEC. CODE § 272.001–272.011; Voting Act Amendments of 2006, Determinations Under Section 203, 76 Fed. Reg. 63,602 (Oct. 13, 2011). 38 TEX. ELEC. CODE §§ 62.011, 64.031, 64.036; see Carter v. White, 161 S.W.2d 525, 525 (Tex. Civ. App. 1942). 39 TEX. ELEC. CODE § 84.002. 40 TEX. ELEC. CODE § 84.007. 41 TEX. ELEC. CODE § 82.005. 42 TEX. ELEC. CODE § 85.001. 43 TEX. ELEC. CODE § 63.011(a)(1). 44 TEX. ELEC. CODE § 276.004 45 TEX. ELEC. CODE § 125.006 46 TEX. ELEC. CODE § 63.011(a)(1) 8
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