Policies on Voter Registration

Why it matters


Voter registration is a critical piece of the civic engagement story. To participate in the electoral process, citizens must be registered to vote. According to the Annette Strauss Institute for Civic Life, Texas ranked 44th among all states in terms of eligible citizens who are registered to vote. The difference in registration rates between Texas and the U.S. is widest among eligible voters ages 18-24. Eligible Texas youth register to vote at a rate 7 percentage points below the national average.

To become registered, citizens must meet eligibility requirements, which vary slightly across states, and update their voter registration in a timely fashion if and when they change their name or move. For the voter who never changes one’s name or residence, the voter registration process may appear relatively straightforward. However, typical voters, who move at least once in their lifetime, face a more complicated process. Indeed, roughly 15 percent of Americans change residences in a given year, and based on a Pew Research Center survey in 2008, 42 percent of Americans have lived in two or more states.

Barriers to voter registration for Harris County residents emerged frequently in conversations with community leaders. As one described:

Feelings of lacking sufficient knowledge to register to vote may go hand-in-hand with confusion about the many different steps involved in registering to vote. These steps may lead to confusion as potential voters seek to assess the accuracy of the many different pieces of information they encounter surrounding the registration and voting process. As another community leader explained:

These challenges may be heightened for potential voters who are part of under-represented communities. For example, voters with prior felony records are often unclear about their rights with regards to registering and voting in Texas. One community leader noted,


References

1) “2018 Texas Civic Health Index.” 2018. Annette Strauss Institute for Civic Life. Retrieved from: https://moody.utexas.edu/sites/default/files/2018-Texas_Civic_Health_Index.pdf

2) Cohn, D’Vera and Rich Morin. 2018. “Who Moves? Who Stays Put? Where’s Home?” Pew Research Center. Retrieved from http://www.pewresearch.org/wp-content/uploads/sites/3/2011/04/American-Mobility-Report-updated-12-29-08.pdf

Voter Registration: General Registration Process


Applicable Federal Laws

The Voting Rights Act seeks to protect voting rights for minority voters and allows for federal oversight and review of complaints related to voter registration.

From 1975 until the U.S. Supreme Court’s Shelby v. Holder ruling in 2013, Texas was required under this law to receive preclearance from the U.S. Department of Justice (DOJ) before adopting any new law impacting voting rights, including laws related to voter registration. This preclearance requirement is no longer in effect.

Federal policy source: Voting Rights Act (VRA; 1965)

Federal law requires states to provide opportunities for individuals to vote in federal elections when they apply for or renew a driver’s license. Also requires registration opportunities at government offices that provide public assistance or services to individuals with disabilities (See “Government Agencies” section below). Permits voter registration by mail.

Federal policy source: National Voter Registration Act (NVRA; 1993)

The National Voter Registration Act outlines minimum procedures for state voter registration list maintenance. States must process all voter registration application forms they receive at least 30 days prior to a federal election, and must notify individuals whether their applications were accepted or rejected.

Federal policy source: National Voter Registration Act (NVRA; 1993)


Eligibility Criteria and Process

To register to vote, an individual must be at least 17 years and 10 months old, a U.S. citizen, not mentally incapacitated, finished with any applicable felony punishment, and a resident of the county in which the individual seeks to register.

Texas policy source: Tex. Elec. §13.001

To register, an individual must submit a signed paper voter registration application to the county in which the individual lives. The applicant may appoint a spouse, parent, child, or other qualified voter in the county as an agent to complete, sign, submit, and approve the application. False statements on a voter registration application constitute a Class B misdemeanor.

A voter registration becomes effective on whichever comes last: the applicant’s 18th birthday, or 30 days after the registration application has been submitted to the registrar. Based on these criteria, if a registration will be effective on Election Day, the voter may vote during the preceding early voting period.

Texas policy sources: Tex. Elec. §13.002-.003; §13.007; §13.143

Voters may update incorrect or changed information using a registration application form, registration certificate, or other technological means approved by the Secretary of State. Lost or destroyed registration certificates may be requested from the county registrar.

An individual voter’s registration remains effective unless there is specific ground for cancellation within the Election Code.

Texas policy sources: Tex. Elec. §13.143; §15.004; §15.021


Invalid Registrations

The county registrar must review all submitted voter registration applications within 7 days in order to determine eligibility for registration.

Applications that do not comply with all requirements on the application form, that include information indicating that the applicant is ineligible, or that were received from a Volunteer Deputy Voter Registrar (VDVR; see “Individuals Registering Voters” below) whose appointment has been terminated may be rejected.

Applications cannot be rejected on the basis of an omitted middle name, former name, or zip code.

The registrar must enter the date and reason on all rejected applications, and must notify the applicant within two days of the rejection. All rejected applications must be maintained on file for two years.

Texas policy sources: Tex. Elec. §13.002; §13.036; §13.071-.072; §13.080; §13.102

If a county registrar believes that an applicant is ineligible to register to vote, even when all application requirements are met, the registrar may “challenge” the application. The registrar must notify the applicant in writing. The applicant has the right to request a hearing on the challenge.

Texas policy source: Tex. Elec. §13.074-.079

If a county registrar receives a voter registration application that is clearly from an applicant living in a different county, the registrar must forward the application to the appropriate county within 2 days.

If the applicant lives in a non-neighboring county, the county registrar must explicitly inform the applicant within 7 days that the application has been forwarded, using the state’s “Notice of Rejection” form.

Texas policy sources: Tex. Elec. §13.072; Texas Secretary of State, “Notice of Rejection of Application for Registration/Change Form” (2015)


With its voter registration deadline 30 days prior to the election, Texas is among the 10 states with the most restrictive registration deadlines. The majority of states have registration deadlines between 7-30 days preceding an election; however, as of January 2019, 17 states and Washington D.C., permit same-day registration.3

Unlike 38 states, Texas does not allow for online voter registration. Although potential voters can find Texas voter registration applications online, these must be printed and submitted to the appropriate county on paper.

In the 2016 Presidential election, more than 214 million Americans were registered to vote,4 representing a roughly 10 percent increase compared with the 2012 Presidential election. We find a similar increase in registration rates in Texas (from 13.6 to 15.1 million, or 10.7%). Harris County is one of the fastest growing counties in the U.S., adding more than a half million residents between 2010 and 2017. This rapid influx of new residents was paired with a 158% increase in voter registration applications submitted to the Harris County Registrar between 2010-2016. As Table 1 shows, over 880,000 forms were received by the Harris County Registrar between November 5, 2014 and November 8, 2016. Compared to all counties in Texas, the increase in voter registration forms submitted to Harris County is slightly higher. Compared to the average county in the U.S., the increase in registration forms in Harris County is more than double.


Table 1: Total Number of Registration Forms Received from All Sources

2010 2012 2014 2016 Pct. Change
2010-2016
Harris County 342,633 N/A 710,541 883,997 158%
Texas 2,360,174 N/A 5,010,824 5,717,560 142%
U.S. 44,679,508 62,531,964 49,413,880 77,516,592 74%

Source: 2014 & 2016 Election Administration and Voting Surveys; 2010 & 2012 NVRA Datasets (U.S. Election Assistance Commission). Figures are from the close of registration in prior November even-year election to the close of registration for the current November election.

Despite this increase in the total number of submitted voter registration applications, there was virtually no change in the overall registration rate among Harris County residents between the mid-term and presidential election cycles from 2010-2016. As Figure 1 shows, registration rates in Harris County lag considerably behind those of Texas overall: 66 percent of Harris County residents were registered to vote in 2016 compared to 78 percent of Texas residents.5 Furthermore, the gap in registration rates between Harris County and Texas has widened over time—from 5 percent in 2010 to 12 percent in 2016.

Based on voting age population. Source: Texas Secretary of State.

It would be striking if all of the over 800,000 registration applications Harris County received in 2016 consisted of new registrations. In fact, less than half of these were new registration applications (42%). This is roughly equal to the share of applications that involved requests to change existing voter registration records (46%), including changes related to the voter’s name, party or address, both within and across jurisdictions (see Fig. 2). The remaining applications involve duplicate (8%) and invalid (5%) forms. Harris County’s distribution of received voter application forms by status is, for the most part, comparable to that of all counties in both Texas and the U.S.

Source: 2016 Election Administration and Voting Survey (U.S. Election Assistance Commission).6


Invalid and Rejected Voter Registration Applications
It is worth noting one difference for Harris County as compared to Texas and the U.S.: Harris County had a higher percentage of invalid registrations. While invalid registrations constitute a small percentage of all received registrations, Harris County rejected a total of roughly 38,000 voter registration applications.

Election Assistance Commission (EAC) data do not include reasons for invalid registrations. One possibility is that these are due primarily to applicant errors. If applicants systematically make mistakes in filling out or submitting application forms, it suggests the possibility that forms, process, or instructions might be too confusing or complicated for some voters.

While the EAC’s Election Administration and Voting Survey instrument does not ask county election administrators to provide reasons for invalid/rejected voter registration applications, it does collect data on the source of the rejected applications. The distribution of these responses is provided in Figure 3.

The largest share of the roughly 38,000 Harris County voter registration applications rejected in 2016 (41%) had been submitted in person at the election/registrar's office, which likely includes applications dropped off by Volunteer Deputy Voter Registrar (VDVR)s. Harris County rejects a substantially larger fraction of in-person registration applications than do counties across Texas and the U.S. (14% and 11% respectively). The percentage of in-person applications that Harris County rejected is more than twice the percentage of invalid applications submitted via Harris County DPS branches (20%) and about a quarter more than invalid registration applications submitted by mail, fax or email (29%). This high rate of invalid in-person rejections, may raise questions about the Volunteer Deputy Voter Registrar (VDVR) training process.

Source: 2016 Election Administration and Voting Survey (U.S. Election Assistance Commission).


3 These states include: CA, CO, CT, DC, HI, ID, IA, IL, MD, ME, MI, MN, MT, NH, UT, VT, WA, WI WY, as well as NC (during early voting, but not on Election Day)

4 This figure excludes North Dakota, which does not require registration, and American Samoa, which did not complete the EAC’s Election Administration and Voting Survey (EAVS).

5 Voter registration statistics are somewhat hard to compare across states given difficulties in estimating the eligible voting age population. Based on survey data, the U.S. Census reported 64.2 percent of Americans were registered to vote in November 2016, compared to 58.1 percent of Texans (Census Bureau, Current Population Survey, November 2016)

6 Not included in the graph are Pre-registration (under 18) and an “Other” category, both of which had no responses for Harris County and only small percentages of responses for both Texas (0.01% and 0.93, respectively) and the U.S. (0.56% and 3.94%, respectively).

References

1) The Voting Rights Act. n.d. Brennan Center for Justice. Retrieved from https://www.brennancenter.org/issues/the-voting-rights-act

2) U.S. Department of Justice. The National Voter Registration Act. 1993. Civil Rights Division. Retrieved from https://www.justice.gov/crt/national-voter-registration-act-1993-nvra.

3) Notice of Rejection of Application for Registration/Change Form. n.d. Texas Election Code. Retrieved from https://www.sos.state.tx.us/elections/forms/bw1-4.pdf.

4) Voter Registration Deadlines. 13 January 2018. Vote.org. Retrieved from https://www.vote.org/voter-registration-deadlines/

5) Voter Registration Deadlines. 23 October 2018. National Conference of State Legislatures. Retrieved from http://www.ncsl.org/research/elections-and-campaigns/voter-registration-deadlines.aspx

6) U.S. Census Bureau. 2016. Current Population Survey, November 2016. Retrieved from https://www.census.gov/data/tables/time-series/demo/voting-and-registration/p20-580.html

Voter Registration: Registering Voters


Government Agencies

Department of Motor Vehicles (DMV's)

State motor vehicle agencies must offer voter registration by including a voter registration application as part of a motor vehicle license application. When a voter completes a change of address form for a driver’s license, it must also serve as a change of address for voter registration, unless the voter specifies otherwise.

Federal policy source: National Voter Registration Act (NVRA; 1993), Section 5: “Motor Voter Law”

The Texas Department of Safety (DPS) is designated as a “voter registration agency.” Requires forms for a license/card application, renewal, or change of address to include a voter registration application for each U.S. citizen old enough to register to vote.

An employee must review the application for completeness while the applicant is present. Employees must only use readily-available information that has been filed with DPS to determine whether the applicant is a U.S. citizen of voting age.

On request, DPS employees must assist applicants in a non-partisan manner. Employees may not display a preference for a political party, seek to influence the applicant’s political party, discourage an applicant’s registration, or lead an applicant to believe receipt of services or benefits is linked to registering to vote.

When DPS processes renewal requests by mail, it is required to also deliver a voter registration application form by mail. Any change of address request DPS receives in person or by mail constitutes a change of address request for voter registration, unless the applicant specifies otherwise.

DPS is responsible for entering all voter registration information to an electronic system; this information is then transferred electronically to the Texas Secretary of State. An electronic signature provided to DPS by the applicant is used when DPS submits the voter registration application to the Secretary of State.

Texas policy sources: Tex. Elec. §20.001; §20.006-.007; §20.031-.032, §20.062-.066


Social Service Agencies; Programs Serving People with Disabilities

All state offices and programs that provide public assistance or state-funded services to people with disabilities must serve as “voter registration agencies.” This includes agencies that administer programs such as: Supplemental Nutrition Assistance Program (SNAP), Supplemental Nutrition Program for Women, Infants, and Children (WIC), Temporary Assistance for Needy Families (TANF), Medicaid, and the State Children’s Health Insurance Program (CHIP).

These voter registration agencies are required to provide applicants the opportunity to register to vote when they apply for assistance, seek recertification or renewal of services, or change their address. Agencies that serve persons with disabilities in their homes are required to provide them with the opportunity to register to vote in their homes.

Agencies must provide assistance in completing voter registration applications equivalent to the assistance they would provide in completing other agency forms.

Federal policy source: National Voter Registration Act (NVRA; 1993)

Federally Qualified Health Centers (FQHCs) that have state or local governmental employees who screen for Medicaid eligibility are designated as voter registration agencies. These FQHCs must distribute, accept, and transmit voter registration forms and provide non-partisan assistance in completing these forms.

States are permitted to also designate FQHCs where non-governmental employees screen for Medicaid eligibility as voter registration agencies.7

Federal policy source: U.S. Bureau of Primary Health Care: “Program Assistance Letter 2000-18” (2000)

Specific social service agencies in Texas are designated as “voter registration agencies,” as follows:

  • Health and Human Services Commission;
  • Department of Aging and Disability Services;
  • Department of Assistive and Rehabilitative Services;
  • Department of State Health Services

The Secretary of State may also designate additional agencies that primarily provide public assistance or services to people with disabilities as voter registration agencies.

Texas policy source: Tex. Elec. §20.001

State-designated voter registration agencies must inform all applicants of the opportunity to register to vote when they apply for services through the agency. These agencies must provide a registration application to each U.S. citizen applicant old enough to register to vote when they distribute applications for agency services, recertification, renewal, or change of address,

An agency employee must review the voter registration application for completeness while the applicant is present. On request, the employees are expected to assist applicants in a non-partisan manner, with assistance equivalent to what they would provide in completing other agency forms, including bilingual assistance. Employees may not display a preference for a political party, seek to influence the applicant’s political party, discourage an applicant’s registration, or lead an applicant to believe receipt of services or benefits is linked to registering to vote.

In program handbooks, HHSC spells out a specific voter registration process to be followed by agency employees. HHSC offices must maintain in stock sufficient copies of voter registration applications and declination forms. Staff must document all actions to provide voter registration to applicants and recipients.

An applicant may decline to register to vote using an official declination form; the agency must maintain this form for at least 22 months.

If the agency permits applicants to apply for services by mail or telephone, the agency must deliver a voter registration application form to the applicant by mail. Instructions should indicate that the form may be submitted either in person or by mail to the appropriate country registrar or a Volunteer Deputy Voter Registrar (VDVR).

State policy sources: Tex. Elec. §20.003-.007; §20.031-.037; Texas Health and Human Services Commission: “Texas Works Handbook,” Section A-1521 “Registering to Vote;” Texas Health and Human Services Commission: “Medicaid for the Elderly and People with Disabilities Handbook,” Section C-7000 “National Voter Registration Act of 1993”

A voter registration agency only may use information in their files to determine whether an applicant is a U.S. citizen if the agency requires clients to update their citizenship status when renewing agency services or changing contact information.

State policy source: Tex. Admin. Code §81.402


Other Governmental Agencies

States are permitted to designate additional voter registration agencies where applicants must be provided with an opportunity to register to vote.

These may include public libraries, public schools, city and county clerk offices, license bureaus, revenue offices, offices providing unemployment compensation, other non-covered offices that serve people with disabilities, and any other federal and nongovernmental offices that agree to serve in this capacity.

Armed Forces recruitment offices are specifically designated as voter registration agencies.

Federal policy source: National Voter Registration Act (NVRA; 1993)

Texas law specifies certain non-social service governmental agencies to serve as voter registration agencies:

  • Public libraries, as defined in the Election Code
  • County marriage license offices
  • Other agencies identified by the Secretary of State as necessary to comply with federal law

Each of these voter registration agencies is required to designate a person(s) to coordinate the agency’s voter registration work, including providing training to agency employees.

Public libraries must provide a voter registration application to all individuals of voting age who apply in person for a new library card or a renewal.

When a recorded marriage license is delivered, the county clerk is required to mail the licensees two voter registration application forms. These forms must be accompanied by instructions that the applications can be submitted either in person or by mail to the appropriate county registrar or Volunteer Deputy Voter Registrar (VDVR).

Texas policy sources: Tex. Elec. §20.001, §20.004; §20.092; §20.122


Nonprofit Organization Outreach

501(c)(3) nonprofit organizations are legally permitted to conduct nonpartisan voter registration, voter education, and get-out-the-vote efforts. 501(c)(3)s are prohibited from impacting a campaign for elected office on behalf of, or in opposition to, any candidate or group of candidates.

501(c)(4) nonprofit organizations are legally permitted to conduct nonpartisan voter registration, voter education, and get-out-the-vote efforts, if they are related to the organization’s expressed social welfare purpose. 501(c)(4)s are permitted to participate in partisan voter registration and get-out-the-vote efforts as a secondary activity, if the organizations do not coordinate with a candidate, campaign, or political party.

Federal policy source: Internal Revenue Code: 26 U.S.C. §501

Nongovernmental organizations are encouraged to partner with states to serve as voter registration agencies.

States must make mail-in voter registration forms available for distribution to nongovernmental entities, “with particular emphasis on making them available for organized voter registration programs.”

Federal policy source: National Voter Registration Act (NVRA; 1993)

Statutes guiding the use of several federal funding streams place additional guidelines on the voter registration activities of the specific nonprofits they fund, as follows:

  • Nonprofits receiving Community Service Block Grant or Head Start funding are prohibited from using these funds to pay for voter registration activities or provide rides to polls.
  • Nonprofit personnel supported by the Corporation for National and Community Service (including via AmeriCorps) cannot participate in voter registration activities while doing work for their assigned organization, including providing rides to the polls during work hours.
  • Nonprofits receiving VISTA funding through the Corporation for National and Community Service may make nonpartisan voter registration information available to the public on program premises, while Senior Corps grantees are prohibited from doing so.

Federal policy sources: Community Services Block Grant Program: 42 U.S.C. §9918; Head Start Act: 42 U.S.C. §9851; National and Community Service Act: 42 U.S.C. §12634; Domestic Volunteer Service Act: 42 U.S.C. § 5043


Individuals Registering Voters

Paying or offering to pay individuals to register to vote or to vote in federal elections is prohibited.

Federal policy source: Voting Rights Act (VRA; 1965)

Texas law establishes a system of county-based VDVRs who are permitted to distribute, collect, review, and submit completed voter registration applications. VDVRs must be eligible to vote in Texas, including meeting U.S. citizenship and Texas residency requirements, but are not required to be registered to vote. County registrars cannot refuse to appoint anyone who meets all of these eligibility criteria.

VDVR appointment lasts through the end of even-numbered years. Acting as a VDVR when not appropriately certified is a Class C misdemeanor.

State policy sources: Tex. Elec. §13.031-.033; §13.036; §13.038; §13.044; Texas Secretary of State: “Election Advisory No. 2012-04”

A VDVR may not register voters until training requirements have been met. The Texas Secretary of State is required to adopt VDVR training standards and to develop a standardized training curriculum for use across the state.

A county registrar may choose any of the following training options: It may allow individuals to review training materials online on the Secretary of State’s website and then take an in-person exam at the county voter registrar’s office. It may instead conduct its own training using the standardized training curriculum, and, at its discretion, can include additional training materials. If a county registrar conducts its own training, it is permitted, but not required, to include an examination after the training.

Each county voter registrar is responsible for creating a VDVR training schedule, and must offer at least one VDVR training per month. A VDVR trained in one county may be appointed in another county without additional training.

State policy sources: Tex. Elec. §13.031; §13.047-.048; Texas Secretary of State: “Election Advisory No. 2012-04”

When registering voters, a VDVR must provide an original receipt directly to each applicant. The VDVR must hand deliver each application, in person (or in person, via another VDVR), to the appropriate county voter registrar by 5 p.m., within 5 days of receiving it, except at the end of the voter registration period. “After the 34th day before the date of an election and on or before the last day” of the voter registration period, the VDVR must hand deliver any received applications by 5 p.m. the next day.

Unintentional failure to adhere to these deadlines constitutes a Class C misdemeanor; intentional failure to do so is a Class A misdemeanor.

State policy sources: Tex. Elec. §13.039-.043; Texas Secretary of State: “Texas Volunteer Deputy Registrar Guide”

State law prohibits registrars from copying a telephone number from a registration application. As a result, VDVRs are prohibited from making photocopies of completed voter registration applications. VDVRs may copy voter registration receipts, and they may separately write down information from each received application.

State policy sources: Tex. Elec. §13.004; Texas Secretary of State: “Texas Volunteer Deputy Registrar Guide”

Incentivizing voter registration efforts in any of the following ways is a Class A misdemeanor:

  • Compensating, or causing an individual to be compensated, based on numbers of voters registered;
  • Instituting a voter registration quota as a condition of employment or compensation;
  • Accepting compensation for voter registration activities.

State policy sources: Tex. Elec. §13.008; Texas Secretary of State: “Texas Volunteer Deputy Registrar Guide”


Voter Registration via DPS
The most popular source of voter registration forms by far in Harris County is DPS—the motor vehicle office that issues drivers licenses in the state of Texas.

In 2016, nearly half (48%) of all voter registration forms received by the Harris County Voter Registrar came from local DPS offices (see Fig 4). The prevalence of registration forms submitted via DPS suggests that the NVRA requirement for residents to be given the opportunity to register to vote when they obtain or renew their driver’s license is having a positive effect in Harris County.

Texas DMV clerks can electronically enter in-person oral statements from voters and can scan in a paper version of the registrant’s signature, making Texas one of at least 36 states that allow electronic voter registration at DMVs. However, Texas does not accept registrations online through the DPS’ online portal because it argues that state law requires a signature on voter registration forms. Instead, prospective voters are required to print and mail an application.

Source: 2016 Election Administration and Voting Survey (U.S. Election Assistance Commission). ** Other NVRA includes state funded agencies primarily serving those with disabilities, armed forces recruitment offices, and other offices states can designate as voter registration agencies; *Other State includes other agencies designated by the State (libraries, public schools), but not mandated by NVRA.

In 2016, the Texas Civil Rights Project (TCRP) sued the State, arguing that not allowing voters to register or update their voter registrations while renewing a driver’s license or changing an address via DPS’ online portal violates the NVRA. TCRP estimates this excludes 1.5 million Texans from registering each year. In April 2018, a Federal District Court ruled that Texas’ practice violates the NVRA; an appeal of this ruling is currently under review.

Voter Registration via Individual Applications
As Figure 4 shows, the next most common sources of applications submitted to Harris County in 2016 were by mail, fax or email (20%) and in-person at the election/registrar’s office (20%). While the sources of voter registration forms in Harris County generally mimic those of Texas, there is a striking difference when we compare Harris County to the U.S. Unlike Texas and Harris County, where online voter registration is not permitted, a significant share of U.S. voters (nearly 20%) submit registration applications online.

In fact, using a similar argument to Texas’ argument against accepting applications through DPS’ online portal, voter registration applications were rejected from over 2,000 Texans who had used an online non-partisan voter registration website in Fall 2018 because their applications lacked handwritten signatures. Upon discovering these rejections, the Secretary of State’s office sent out paper registration forms, which they required applicants to resubmit within 10 days. Voter Registration via Other Government Agencies Non-DPS agencies mandated to provide voter registration either by the NVRA or state law are not responsible for much of the volume of voter registration forms in Harris County. Public offices providing public assistance were responsible for less than 4% of voter registration forms submitted in Harris County in 2016. Other NVRA-mandated agencies and Other State agencies also contribute a very small share of voter registration forms in Harris County (4% and 1% respectively). The former includes Armed Forces recruitment offices and state-funded agencies primarily serving persons with disabilities. The latter are additional agencies/offices designated by Texas law as voter registration sites, including public libraries and license offices.

In 2013, TCRP found that some designated Texas voter registration agencies were not fully aware of their responsibilities or did not provide voter registration services as outlined by law. In a report to the EAC, TCRP reported that the number of Texans registered to vote at social service voter registration agencies dropped by over 45% between 2014 and 2016. TCRP has raised specific concerns about the Texas Health and Human Services Commission’ voter registration efforts, including that the voter registration policy listed on the agency’s website does not comply with the NVRA.

In February 2018, the Coalition of Texans with Disabilities and TCRP threatened the Texas Workforce Commission (TWC) with a lawsuit on the basis that it did not offer voter registration to people with disabilities who received job training services from the agency. In prior years, these individuals were offered voter registration along with job training services by the Department of Assistive and Rehabilitative Services. In 2018, the job training services were shifted to TWC; voter registration was no longer provided to applicants, impacting an estimated 75,000 people. In response to the threatened lawsuit, the Secretary of State designated TWC’s Vocational Rehabilitation Program as a voter registration agency. TWC then changed its Vocational Rehabilitation Services Manual, and began offering voter registration to job training applicants. Deputy Voter Registrars Articles appearing in the Austin-American Statesman and the Austin-area National Public Radio station describe Texas as “the most difficult state in the country to register voters.” Texas has long had a system of volunteer voter registrars. Most states that once had volunteer registrar policies eliminated such policies in 1993, once the NVRA was adopted. In contrast, Texas maintained its volunteer registrar system. In 2011, Texas tightened it substantially, adding requirements for county trainings, placing new limits on who can be a VDVR, and banning compensation tied to registering voters.

Currently, Texas is one of just three states that mandates training for volunteers who register voters. Texas stands alone as the only state requiring volunteers to be certified by a local government before they can register voters.

Texas’ limits on VDVR eligibility mean that out-of-state volunteers, legal permanent residents, and non-deputized Texas residents cannot register voters in the state. Because a VDVR must apply directly to the appropriate office in each separate county in which they want to register voters, organizations describe being limited in their ability to facilitate regional and statewide voter registration drives.

Counties vary widely in deputizing procedures and in how they schedule and publicize VDVR trainings. Although state law allows counties to administer an exam before deputizing VDVRs, Harris County has no such requirement. While some Texas counties only offer VDVR trainings once per month, the minimum required by law, Harris County substantially exceeds this minimum.

The location of VDVR trainings and the availability of trainings in languages other than English are also important considerations when examining the effectiveness and impact of the VDVR program. If potential volunteers cannot get to VDVR training locations, this limits their efficacy. As discussed in further depth below (see “Non-English Speakers”), language minorities in Harris County are at a distinct disadvantage if VDVR trainings are not available in Spanish, Chinese, and Vietnamese (languages covered in Harris County under Section 203 of the Voting Rights Act, which is still in force after Shelby County v Holder).

Using information from the Harris County Voter Registrar’s website, we mapped the frequency and location of all VDVR trainings in Harris County offered to the general public between July 2017 and October 2018 (Fig.5). Of the 158 public VDVR trainings listed on the Registrar’s website during this period, the vast majority (99%) were in English (denoted in blue). Only two public trainings were conducted in Spanish (denoted in purple), the first two public Spanish-language VDVR trainings offered by Harris County. There is no evidence of public trainings offered in Chinese or Vietnamese.

Figure 5: Harris County Voter Registrar Events July 2017-October 2018

Source: https://www.hctax.net/Voter/Calendar/Calendar

As the map also indicates, most public VDVR trainings are held inside the 610 loop. Indeed, there are large swaths of the county—particularly in the northwest and eastern part of Harris County where public VDVR trainings are virtually non-existent.


7 As noted below, Texas may identify additional agencies that provide public assistance, beyond those specified in the Election Code, as voter registration agencies. However, the authors did not find evidence that Texas has done so in the case of FQHCs where non-public employees screen for Medicaid eligibility.

References

1) U.S. Department of Justice. The National Voter Registration Act. 1993. Civil Rights Division. Retrieved from https://www.justice.gov/crt/national-voter-registration-act-1993-nvra.

2) Modernizing Voter Registration Texas Agencies. n.d. Texas Civil Rights Project. Retrieved from https://texascivilrightsproject.org/our-work/voting-rights/modernizing-voter-registration-texas-agencies/

3) Ura, A. and Emma Platoff. 3 April 2018. “Federal Judge: Texas is Violating National Voter Registration Law.” The Texas Tribune. Retrieved from https://www.texastribune.org/2018/04/03/federal-judge-hands-texas-loss-voter-registration-lawsuit/

4) Ura, A. 31 May 2018. “Appeals Court Temporarily Blocks Online Voter Registration for Texas Drivers.” The Texas Tribune. Retrieved from https://www.texastribune.org/2018/05/31/5th-circuit-temporarily-blocks-online-voter-registration-texas-drivers/

5) Eckman, S. 24 January 2018. Federal Role in Voter Registration: The National Voter Registration Act of 1993 and Subsequent Developments. Congressional Research Service. Retrieved from https://fas.org/sgp/crs/misc/R45030.pdf

6) Online Voter Registration. 10 October 2018. National Conference of State Legislatures. Retrieved from http://www.ncsl.org/research/elections-and-campaigns/electronic-or-online-voter-registration.aspx

7) Wallace, J. 4 October 2018. “Texas Rejects 2,400 Online Voter Registrations as Oct. 9 Deadline Looms.” Houston Chronicle. Retrieved from https://www.chron.com/news/politics/texas/article/Texas-rejects-2-400-online-voter-registrations-as-13279521.php

8) Automatic Voter Registration and Modernization in the States. 11 April 2018. Brennan Center for Justice. Retrieved from https://www.brennancenter.org/analysis/voter-registration-modernization-states

9) Texas Ranks Near Bottom for Political Participation and Civic Involvement. 14 Feb 2018. UT News. Retrieved from https://news.utexas.edu/2018/02/14/texas-ranks-near-bottom- for-political-and-civic-involvement/

10) A-1510 General Reminders. 1 July 2018. Texas Health and Human Services. Retrieved from https://hhs.texas.gov/laws-regulations/handbooks/twh/part-a-determining-eligibility/section-1500-reminders#A1521

11) C-7000, National Voter Registration Act of 1993. 1 Sept 2010. Texas Health and Human Services. Retrieved from https://hhs.texas.gov/laws-regulations/handbooks/mepd/chapter-c-rights-responsibilities/c-7000-national-voter-registration-act-1993

12) U.S. Department of Justice. The National Voter Registration Act. 1993. Civil Rights Division. Retrieved from https://www.justice.gov/crt/national-voter-registration-act-1993-nvra.

13) Barragàn, J. 22 Feb 2018. “After being threatened with lawsuit, Texas agency will help disabled people register to vote.” Dallas News. Retrieved from https://www.dallasnews.com/news/politics/2018/02/22/after-threatened-lawsuit-texas-agency-will-help-disabled-people-register-vote

14) Vocational Rehabilitation Services Manual A-200: Customer Rights and Legal Issues. n.d. Texas Workforce Commission. Retrieved from https://twc.texas.gov/vr-services-manual/vrsm-a-200#a208

15) Federally Qualified Health Centers Participation in Implementation of the National Voter Registration Act. 13 Sept 2000. Retrieved from https://www.nhchc.org/wp-content/uploads/2012/04/hrsa-voting-pal.pdf.

16) Automatic Voter Registration and Modernization in the States. 11 April 2018. Brennan Center for Justice. Retrieved from https://www.brennancenter.org/analysis/voter-registration-modernization-states

17) Testimony from the Texas Civil Rights Project to the National Commission on Voter Justice. n.d. Texas Civil Rights Project. Retrieved from https://texascivilrightsproject.org/testimony-national-commission-voter-justice/

18) Federal Funds and Voter Registration. n.d. Nonprofit VOTE. Retrieved from https://www.nonprofitvote.org/documents/2010/09/federal-funds-and-voter-participation-en.pdf/

19) The Restriction of Political Campaign Intervention by Section 501(c)(3) Tax-Exempt Organizations. 30 Nov 2018. IRS. Retrieved from https://www.irs.gov/charities-non-profits/charitable-organizations/the-restriction-of-political-campaign-intervention-by-section-501c3-tax-exempt-organizations

20) Community Services Block Grant Program. Aug 2004. U.S. Department of Health and Human Services. Retrieved from https://www.acf.hhs.gov/sites/default/files/ocs/im_no_81_updated_guidance_on_voter_registration_activities_0.pdf

21) Restrictions on Ballot and Partisan Political Activity. Mar 2017. Corporation for National and Community Service. Retrieved from https://www.nationalservice.gov/sites/default/files/documents/Federal_Restrictions_on_Partisan_Politics_for_CNCS_Financial_Assistance_Recipients%20.pdf

22) Comparison of 501(c)(3) and 501(c)(4) permissible activities. n.d. Bolder Advocacy. Retrieved from https://www.bolderadvocacy.org/wp-content/uploads/2014/05/Comparison_of_501c3_and_50c4_Permissible_Activities.pdf

23) Rice, L. 11 Oct 2016. “Why Texas is the Most Difficult State in the Country to Register Voters.” Texas Standard. Retrieved from https://www.texasstandard.org/stories/why-texas-is-the-most-difficult-state-in-the-country-to-register-voters/

24) Schwartz, J. 21 Oct 2016. “Texas’ restrictive voter registration laws a barrier for minorities.” Austin American Statesman. Retrieved from https://projects.statesman.com/news/latino-representation/registration.html

25) Pendleton, E. Dec 2013. “Democracy in Texas? Texas’ Faulty Voter Registration Procedures.” Texas Civil Rights Project. Retrieved from https://www.scribd.com/document/191897037/Texas-Voting-Rights-Report

26) Texas Volunteer Deputy Registrar Guide. n.d. Texas Secretary of State. Retrieved from https://www.sos.state.tx.us/elections/pamphlets/deputy.shtml

27) Mortellaro, S. and Michael Kanter Cohen. Sept 2014. “Restricting Voter Registration Drives.” Project Vote. Retrieved from http://www.projectvote.org/wp-content/uploads/2015/06/RESTRICTING-VR-DRIVES-POLICY-PAPER-SEPT-2014.pdf

28) Kasdan, D. n.d. “State Restrictions on Voter Registration Drives.” Brennan Center for Justice. Retrieved from https://www.scribd.com/document/103480255/State-Restrictions-on-Voter-Registration-Drives

29) VRM in the States: Texas. 16 April 2018. Brennan Center for Justice. Retrieved from http://www.brennancenter.org/analysis/vrm-states-texas

Voter Registration: Suspense and Removal


Section 8 of the National Voter Registration Act requires states to operate a general list maintenance program that removes ineligible voters from the voting rolls, and outlines minimum guidelines for this program. The program must comply with the VRA in protecting the voting rights of minority voters.

All systematic removals of ineligible voters must take place at least 90 days prior to a federal election. The 90-day deadline does not apply to removals at the request of a registrant or due to death, criminal conviction, or mental incapacity.

The NVRA specifies guidelines that must be met prior to removing individuals based on change of residence. A registrant who confirms their change of address in writing can be removed. Otherwise, a registrant cannot be removed from the voting rolls unless: the registrant was sent a forwardable notice with a prepaid and pre-addressed return card, failed to respond to the notice, and did not vote in two federal general elections since receiving the notice.

States may not remove individuals from the voter registration list solely because they have not voted.

Federal policy source: National Voter Registration Act (NVRA; 1993)

A registrar may cancel a voter’s registration under specified circumstances, including notice of a move, notice of death, judgment of mental incapacity, conviction of a felony, or disqualification from jury service due to citizenship status.

A registrar is permitted to investigate a voter’s eligibility for reasons other than residence; however, investigations require delivery of written notice to the voter by forwardable mail. The notice must request information relevant to the voter’s eligibility and must warn the voter that their registration can be cancelled if a reply is not received within 30 days.

A registration can be canceled if the investigation finds the voter is ineligible, no reply is received within 30 days, or notices are undelivered with no forwarding information. No later than 30 days after cancellation, the registrar must mail written notice of the date and reason of cancellation and the voter’s right to challenge the cancellation.

State policy sources: Tex. Elec. §16.031; §16.033; §16.0332; §16.036

County registrars must maintain a “suspense list” of voters whom the registrar believes may no longer live at the residence listed on voter registration records. With appropriate ID, a voter on the suspense list may vote at their assigned election precinct; if the voter has moved within the same county, a Statement of Residence form is required.

If a voter on the suspense list does not vote before Nov. 30 following the second general state election since being added to the list, the voter is removed from state voter rolls.

Texas policy sources: Tex. Elec. §15.081; §15.111-.112; §16.032

State law permits a registered voter to challenge the registration of another voter in the same county based on “personal knowledge.” The challenger must file a sworn statement identifying the voter and a specific registration qualification the voter has not met.

Once receiving the challenge, the country registrar must promptly deliver a notice to the voter; however, if the challenge is filed less than 75 days before a general election, notice will not be delivered until after the election. Any voter who does not respond to a challenge notice within 30 days is entered on the suspense list. For a challenge based on reasons other than the voter’s residence, a hearing must be scheduled within 20 days of the sworn statement.

State policy source: Tex. Elec. §16.091-.094


While the NVRA prohibits the removal of voters from registration lists solely because they have not voted, a 2018 U.S. Supreme Court ruling, Husted v. A Philip Randolph Institute, loosened this ban. Still, as this ruling dictates, non-voters cannot be removed unless notice has been both sent and not responded to by the voter.

Almost all U.S. states permit private citizens to challenge a voter’s eligibility either prior to Election Day and/or on Election Day. Thirty-nine states – but not Texas – permit eligibility challenges on Election Day. Texas permits challenges to a voter’s eligibility prior to an election, along with 27 other states; however, it is one of just 11 of these states that enforce a pre-election “quiet period,” during which no additional challenges to voter eligibility will be reviewed. Texas has adopted a 75-day “quiet-period” specifically for residency-based challenges, a longer quiet period than most other states. No quiet period is specified for challenges on other grounds.

We see evidence in the tables below that some voter registrations in Harris County that were previously accepted are later being challenged. Data indicate a substantial increase in voters being removed from the voter registration rolls in Harris County between 2010 and 2016; this increase is in stark contrast to the incremental increase in removals across the U.S. and an incremental decrease in Texas over the same time period.

Table 2: Total Number of Voters Removed from the Voter Registration Rolls8

2010 2014 2016 Pct. Change
2010-2016
Harris County 140,546 205,564 216,340 53.9%
Texas 1,324,415 1,688,097 1,227,180 -7.3%
U.S. 15,721,984 14,803,164 16,696,470 6.2%

Source: 2014 & 2016 Election Administration and Voting Surveys; 2010 & 2012 NVRA Datasets (U.S. Election Assistance Commission). Figures are from the close of registration in prior November even-year election to the close of registration for the current November election.

When it comes to reasons voter registrars give for why voters are removed from the rolls, we find a somewhat divergent pattern when comparing Harris County and Texas to the rest of the country. Most notably, outside of Texas and Harris County, the primary reasons for removing voters from the rolls involve clear-cut eligibility issues. More than half of voters nationwide are removed because they have moved outside the jurisdiction (33%) or because they are deceased (26%). In contrast, less than one-third of Harris County voters are removed for these reasons (16% and 15% respectively). The most popular category chosen by the Harris County registrar for removing voters from the rolls was “other” (41%). Unfortunately, the Election Administration and Voting Survey, from which these data are analyzed, does not provide information regarding what ‘other’ entails.

Where we see more similarities between Harris County, Texas, and the rest of the country is with regard to felons and voters who are removed due to their failure to respond to communications from the voter registrar. One illustration of how this removal may take place in Harris County: Several months before the 2018 midterm election, an individual challenged the registrations of 4,037 voters in Harris County (including, but not limited to, homeless individuals as discussed in “Individuals with Housing Insecurity”). These voters were sent letters from the county registrar’s office asking for a response to the challenge within 30 days. However, local media reports suggest that some of these voters were added immediately to the county’s suspense list.

Source: 2016 Election Administration and Voting Survey (U.S. Election Assistance Commission).

When we compare the over-time trend in the percentage of voters removed from the rolls due to the failure to respond, we find a relatively sharp decline for Harris County and Texas, from roughly 76% to about 33% (Harris County). However, for the rest of the country, the decline has been much less substantial (from 41% to about 28%). Combined with the previous graph, the data suggest that a relatively sizeable proportion of Harris County voters who were previously marked as being removed from the rolls due to failure to respond are now being classified as “other.” The reason for this change in coding is unclear and warrants further investigation.

Source: 2014 & 2016 Election Administration and Voting Surveys; 2010 & 2012 NVRA Datasets (U.S. Election Assistance Commission).


8 For the period between the close of registration for the prior November general election and the close of registration for the current November general election. Note this question asked for those ineligible to vote, not merely those moved into an “inactive” status.

References

1) Feldman, E. and Allison Lee. 3 September 2018. “Ahead of Midterm Elections, Harris County Democrats and Republicans Spar over Voter Registration Challenges.” Houston Public Media. Retrieved from https://www.houstonpublicmedia.org/articles/news/politics/2018/09/03/302371/ahead-of-midterm-elections-harris-county-democrats-and-republicans-spar-over-voter-registration-challenges/

2) Despart, Z. 28 August 2018. “Harris County mistakenly suspends voter registrations after GOP challenge.” Houston Chronicle. Retrieved from https://www.chron.com/news/houston-texas/houston/article/Harris-County-mistakenly-suspends-voter-13175685.php

3) The Voting Rights Act. n.d. Brennan Center for Justice. Retrieved from https://www.brennancenter.org/issues/the-voting-rights-act

4) U.S. Department of Justice. The National Voter Registration Act. 1993. Civil Rights Division. Retrieved from https://www.justice.gov/crt/national-voter-registration-act-1993-nvra.

5) Riley, N. n.d. “Voter Challengers.” Brennan Center for Justice. Retrieved from http://www.brennancenter.org/sites/default/files/legacy/publications/Voter_Challengers.pdf

Access to Registration for Diverse Populations


Non-English Speakers

All oral and written materials related to voter registration are required to be provided in both English and the language spoken by an applicable minority group. An applicable minority group is comprised of at least 10,000 people or over 5% of all citizens of voting age within a political subdivision; group members must belong to a single language minority group, not speak English proficiently, and have a literacy rate lower than the national literacy rate.

Federal policy sources: Voting Rights Act, Section 203 (VRA; 1965); “Implementation of the Provisions of the Voting Rights Act Regarding Language Minority Groups,” 18 CFR Part 55

Election materials, including voter registration materials, must be available in both English and Spanish at any precinct within a Texas county that has 5% or more residents of Hispanic origin. Individual precincts that don’t meet this threshold may file for an exemption to this requirement.

If a Texas county is required by the VRA to provide materials in any language other than English and Spanish, then all precincts in that county must make voter registration materials available in that language, unless an exemption is granted.

Texas policy sources: Tex. Elec. § 272.001-.008, §272.010-.011

Voter registration agencies should provide bilingual assistance in completing voter registration forms to the same extent they would provide bilingual assistance in completing other agency forms.

Texas policy source: Tex. Elec. §20.005


Harris County is one of four Texas counties where translation of voter registration materials into an additional language(s) beyond Spanish is required. In Harris County, all voter registration (and other election-related materials) must also be available in both Chinese and Vietnamese. In a 2008 Government Accountability Office report, Harris County officials reported very low usage of translated application forms.

VRA law and regulations indicate that all parts of the registration and voting process should be accessible in all county-mandated languages; however, the Texas Secretary of State’s office has argued that the VRA applies only to materials used by voters, and not to VDVR training materials. In 2016, a Texas coalition raised concerns that Spanish-language VDVR training materials in Texas were out of date. According to TCRP, a VDVR training was implemented in Spanish in Harris County for the first time in 2017. As discussed in the previous section, there is no indication that Harris County has offered VDVR trainings to the general public in Chinese or Vietnamese.


References

1) Bilingual Voting Assistance: Selected Jurisdictions' Strategies for Identifying Needs and Providing Assistance. 18 Jan 2008. Gov Info. Retrieved from https://www.govinfo.gov/content/pkg/GAOREPORTS-GAO-08-182/html/GAOREPORTS-GAO-08-182.htm

2) Part 55- Implementation of the Provisions of the Voting Rights Act Regarding Language Minority Groups. n.d. U.S. Department of Justice. Retrieved from https://www.justice.gov/crt/page/file/927236/download

3) Section 203 of the Voting Rights Act. n.d. U.S. Department of Justice. Retrieved from https://www.justice.gov/crt/language-minority-citizens

4) Schwartz, J. 21 Oct 2016. “Texas’ restrictive voter registration laws a barrier for minorities.” Austin American Statesman. Retrieved from https://projects.statesman.com/news/latino-representation/registration.html



Individuals with Felony Convictions

Criminal conviction is explicitly listed as a reason for which states are permitted to remove individuals from their official list of registered voters.

Federal policy source: 1993 National Voter Registration Act

A person who is convicted of a felony is not eligible to register to vote. Once a felon has successfully completed all terms of punishment, including any term of incarceration, parole, supervision, probation, or has been pardoned, then that person is immediately eligible to register to vote.

State policy source: Tex. Elec. §11.002

A person who has been convicted of a felony and has not fully completed all terms of punishment is not eligible to be appointed as a Volunteer Deputy Voter Registrar.

State policy source: Tex. Elec. §11.002


According to a recent report by Pew, the number of convicted felons is on the rise across the U.S. In 2010, Texas had the fourth-highest percentage of convicted felons, at about 10.5 percent of its population or 2.6 million residents. That was triple Texas’ 1980 rate. The National Conference on State Legislatures (NCSL) divides state statutes regarding the rights of felons and former felons to register and vote into four categories, as of Fall 2018:

  • Felons never lose their right to vote, even while incarcerated – 2 states;
  • Felons lose voting rights while incarcerated, but have their rights automatically restored after release – 14 states plus Washington D.C.;
  • Felons lose voting rights until sentence completion, including parole and/or probation, with voting rights automatically restored afterwards - 22 states, including Texas;
  • Felons lose voting rights until sentence completion, and then either must take additional action to restore voting rights or lose voting rights indefinitely - 12 states.

Texas falls into the third category. The Sentencing Project estimates that as of 2016, 459,928 Texans with felony convictions were unable to register to vote, an estimated 2.5% of voting-age Texans. Of these, 327,665 had completed incarceration and were on parole or probation. According to the Texas Criminal Justice Coalition, African-American and Latino Texans are disproportionately impacted; 6.2% of African-Americans in Texas are unable to vote due to felony convictions. Anecdotal estimates suggest that large percentages of former felons as well as many community organizations that serve this population are not aware that they are eligible to register to vote after completing their punishment (becoming “off paper”).

Since 2005, when ex-felons are discharged from prison, the Texas Department of Criminal Justice (TDCJ) provides a “Notice to Offenders” letting them know that they will regain voting rights once they complete parole and/or probation. A 2007 bill requiring TDCJ to provide notification of these rights along with a voter registration card when an individual completes parole and/or probation passed the Texas Legislature, but was ultimately vetoed by the governor. In contrast, the Secretary of Commonwealth’s office in Virginia maintains a website where former felons can easily access information about whether they are yet eligible to register to vote.

The issue of felon disenfranchisement has received increasing attention in recent years. In November 2018, Florida voters passed a constitutional amendment that would automatically restore the voting rights of felons after completion of their sentences (including parole and probation).9 Before the amendment, anyone convicted of a felony had to have voting rights restored by a full pardon, conditional pardon, or restoration of civil rights by the governor. Other states also took action to restore voting to those convicted of felonies in 2018. Colorado passed SB 150, which permits an individual on parole, who is otherwise eligible, to pre-register to vote. When the Colorado Secretary of State receives notification that the individual has been released from parole, he/she is then automatically registered to vote. In New York where those on probation are already allowed to vote, the governor issued an executive order removing restrictions on voting by parolees.


9 Those convicted of murder or a felony sexual offense must still apply to the governor for voting rights restoration on a case-by-case basis.

References

1) Uggen, C., Ryan Larson, and Sarah Shannon. 6 October 2016. “6 Million Lost Voters: State- Level Estimates of Felony Disenfranchisement, 2016.” The Sentencing Project. Retrieved from http://www.sentencingproject.org/publications/6-million-lost-voters-state-level-estimates-felony-disenfranchisement-2016/Survivors of Family Violence or Trafficking

2) Smith, M. 3 Nov 2016. “Felons Face Difficulties in Regaining Voting Rights.” Reporting Texas. Retrieved from http://reportingtexas.com/felons-face-difficulties-in-regaining-voting-rights/

3) Stevens, H. 2017. “Restore Voting Rights to People on Parole and/or Community Supervision After Ten Years to Encourage Productive Community Engagement.” Texas Criminal Justice Coalition. Retrieved from https://www.texascjc.org/system/files/publications/HB%201307%20Fact%20Sheet%20%28Voting%20Rights%29_0.pdf

4) Hager, E. n.d. “More Ex-Prisoners Can Vote – They Just Don’t Know It.” The Marshall Project. Retrieved from https://www.themarshallproject.org/2018/08/01/more-ex-prisoners-can-vote-they-just-don-t-know-it

5) Title 42 – The Public Health and Welfare. n.d. Gov Info. p. 3826. Retrieved from https://www.govinfo.gov/content/pkg/USCODE-2008-title42/pdf/USCODE-2008-title42-chap20-subchapI-H-sec1973gg-6.pdf

6) Felon Voting Rights. 20 Nov 2018. National Conference of State Legislatures. Retrieved from http://www.ncsl.org/research/elections-and-campaigns/felon-voting-rights.aspx

7) Henderson, T. 2 Jan 2018. “Felony Conviction Rates Have Risen Sharply, But Unevenly.” Pew Research. Retrieved from https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2018/01/02/felony-conviction-rates-have-risen-sharply-but-unevenly



Survivors of Family Violence or Trafficking

Residential addresses on a voter registration application are typically public. However, when an applicant or a member of the applicant’s household is a survivor of family violence, human trafficking, sexual assault or abuse, or stalking, the residential address may be kept confidential. A protective order or other acceptable documentary evidence must be provided.

The applicant’s residential address also is confidential for participants of the Texas Address Confidentiality Program (ACP). These survivors of family violence, sexual assault, and stalking are granted a substitute post office box address and free mail forwarding service so they can keep their actual address confidential.

Texas policy sources: Tex. Elec. §13.004; SB 256 (2017)

>

Outlines specific procedures associated with administration of voter registration via the ACP: an ACP participant’s confidential application for a mail-in ballot can serve as a temporary voter registration application; the applicant must deliver this application in person; the applicant must be able to point to their residential location on map or orally describe the location with enough detail to identify their appropriate voting jurisdictions; and the applicant must sign an affidavit of confidentiality.

As long as this mail-in ballot is in effect, a participant may not vote in person during early voting or on election day.

Texas policy source: 1 Tex. Admin. Code §81.38


Prior to 2017, the home addresses of survivors of family violence or trafficking in Texas could be included in public records, including voter registration rolls, leaving survivors fearful to register to vote. Only a small percentage of survivors utilized the ACP program (about 2,000, out of the nearly 70,000 survivors of domestic violence in Texas annually); the 2017 law sought to expand address protection.


References

1) Address Confidentiality Program. n.d. Attorney General of Texas. Retrieved from https://www.texasattorneygeneral.gov/crime-victims/services-crime-victims/address-confidentiality-program

2) Texas Senate Bill 256. 19 May 2017. LegiScan. Retrieved from https://legiscan.com/TX/text/SB256/id/1611572

3) Texas Administrative Code. n.d. Office of the Secretary of State. Retrieved from http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=4&ch=81&rl=38

4) McGaughy, L. Jun 2017. “Don’t mess with Texas moms: How one woman set out to protect her daughter and change the law.” Dallas News. Retrieved from https://www.dallasnews.com/news/texas-legislature/2017/06/19/major-loophole-closed-program-protecting-privacy-abuse-victims



Individuals with Differing Physical Abilities

Federal law requires that each individual with a disability have an equal opportunity to register to vote.

Federal policy source: Americans with Disabilities Act (“ADA” – Title II; 1990)

An applicant can request a personal disability exemption from state Voter ID requirements when registering to vote. The applicant must provide written documentation from either the federal Social Security Administration or the Department of Veterans Affairs showing evidence of a disability and a statement indicating that the registrant does not have an identification that meets state Voter ID requirements. If granted, this exemption will be marked on the voter registration certificate.

Texas policy source: Tex. Elec. §13.002


Individuals with Differing Developmental Abilities, or Mental Capacity

Federal law explicitly allows states to choose to remove individuals from their official list of registered voters on the basis of mental incapacity.

Federal policy source: National Voter Registration Act (1993)

Individuals with an intellectual disability have all rights guaranteed by the U.S. and Texas Constitution. Patients with mental illness have the right to register and vote in elections unless a specific law limits this right.

Texas policy sources: Tex. Health & Safety Code §576.001; §592.011

Individuals with intellectual disabilities or those who receive mental health services, regardless if voluntary, court-ordered, or emergency, are assumed to be mentally competent unless a probate court determines otherwise.

Texas policy sources: Tex. Health & Safety Code §576.001; §592.021

The Texas Constitution specifies that individuals determined to be mentally incompetent by a court are ineligible to vote, unless exceptions are explicitly adopted by the state legislature.

2007 state legislation changed prior legal wording from “mental incompetence” to “mental incapacity,” banning registering to vote on the part of individuals determined to be totally or partially mentally incapacitated by a probate court. A registrar may cancel a voter’s registration due to a judgment of total or partial mental incapacity.

If a probate court subsequently determines that an individual’s mental capacity has been completely restored or modifies guardianship to include the right to vote, the individual is then eligible to register to vote.

Texas policy sources: Tex. Const. Art. 6, § 1; Tex. Elec. §1.020; §11.002; §13.001; §16.031


The federal laws targeted to voters with disabilities seek to increase voting accessibility for individuals with disabilities generally. However, these laws do not explicitly address voting accessibility for individuals with mental disabilities.

Historically, states had adopted laws preventing individuals with intellectual and psychiatric disabilities from being able to vote. Since the passage of the federal Americans with Disabilities Act and subsequent court rulings, some states have revised these laws to ban voting only in the case of mental incompetence; however, federal law has generally been silent regarding the right to vote among individuals with intellectual or psychiatric disabilities.

Texas is one of 25 states that ban being registered to vote only under circumstances in which a court determines that an individual lacks mental capacity. 11 states are more lenient, with no disability-related restrictions on voting. The remaining 14 states have laws that may be more restrictive. Texas advocates have argued that some Texans with intellectual and developmental disabilities have been incorrectly deemed incapacitated by probate courts, even when they are able to make choices on their own.


References

1) Election Code: Title 1: Chapter 1. n.d. Texas State Government. Retrieved from https://statutes.capitol.texas.gov/Docs/EL/htm/EL.1.htm#1.020

2) A Guide to the Voting Rights of People with Mental Disabilities. 2016. Bazelon Center for Mental Health Law, Autistic Self-Advocacy Network, National Disability Rights Network, and Schulte Roth & Zabel LLP. Retrieved from http://www.bazelon.org/wp-content/uploads/2017/01/voting-rights-guide-2016.pdf

3) Morgan, M. Aug 2015. “Alternatives to Guardianship for Adult Texans with Intellectual and Developmental Disabilities.” The Arc. Retrieved from https://www.thearcoftexas.org/wp-content/uploads/2016/06/Guardianship_White_Paper-1.pdf

4) Barajas, M. n.d. “How judges, probate attorneys, and guardianship orgs abuse the vulnerable.” San Antonio Current. Retrieved from https://www.sacurrent.com/sanantonio/how-judges-probate-attorneys-and-guardianship-orgs-abuse-the-vulnerable/Content?oid=2243812

5) Schur, L. 22 June 2013. “Reducing Obstacles to Voting for People with Disabilities.” MIT. Retrieved from http://web.mit.edu/supportthevoter/www/files/2013/08/Disability-and-Voting-White-Paper-for-Presidential-Commission-Schur.docx_.pdf

6) King, M. and Roufeda Ebrahim. Dec 2007. “Voting Rights Under the Americans with Disabilities Act: Are People with Intellectual or Psychiatric Disabilities Protected?” Southeast ADA Center. Retrieved from http://www.adasoutheast.org/ada/publications/legal/voting_rights_under_ADA_intellectual_psychiatric_disabilities.doc

7) A Guide to the Voting Rights of People with Mental Disabilities. 2016. Bazelon Center for Mental Health Law, Autistic Self-Advocacy Network, National Disability Rights Network, and Schulte Roth & Zabel LLP. Retrieved from http://www.bazelon.org/wp-content/uploads/2017/01/voting-rights-guide-2016.pdf



Individuals with Housing Insecurity

Individuals may register to vote without a home address, but are required to provide a brief description of where they live, as well as a mailing address, on the application. An individual may register using a shelter address, if the voter considers the shelter to be their home. When a shelter cannot receive mail, the voter may use a P.O. Box instead.

Texas policy sources: Tex. Elec. §13.002; Texas Secretary of State: Votetexas.gov


An Aug. 2018 Houston Press article reports that a recent challenge to 4,037 voter registrations in Harris County included individuals using a range of County homeless shelters and long-term substance abuse recovery centers as their address.



References

1) Rouner, J. 28 Aug 2018. Republican Voter Registration Challenges Has Several of Houston’s Homeless Shelters on It. Houston Press. Retrieved from https://www.houstonpress.com/news/houston-homeless-have-voting-status-challenged-10798033

2) Texas Residency Affidavit. (n.d.) The State of Texas. Retrieved from https://www.dps.texas.gov/internetforms/Forms/DL-5.pdf



Victims of Natural Disasters

Voters displaced by a natural disaster are responsible for determining what they consider to be their permanent address at the time of the election. A voter who wants to vote at a new address must register at that address by the statewide voter registration deadline, 30 days before an election. For voters residing in a shelter as a result of the disaster, guidelines listed above under “Individuals with Housing Insecurity” apply.

Texas policy source: Texas Secretary of State: Voting Issues for Harvey Evacuees

In Texas, non-forwardable new voter registration certificates are sent to registered voters every two years, at the end of each odd-number year. In all cases, even when a voter is an evacuee from a natural disaster, if the certificate cannot be delivered, it is returned to the county registrar. When a certificate is returned, a voter is placed on the county’s “suspense list.” (See “Suspense and Removal” above.)

Texas policy sources: Tex. Elec. §14.001-.023; §15.081
Harris County policy source: Harris County Press Release (2/2/18)


Texas laws explicitly take into account the impact of natural disasters in crafting voter registration laws. However, Texans who are forced to evacuate their homes may not be prepared to determine a permanent address by the voter registration deadline of 30 days prior to an election.

During Harris County’s 2018 primary elections, less than six months after Hurricane Harvey, approximately 175,000 voters displaced from their homes by the hurricane discovered they had been placed on the County’s “suspense list.” While voters on a “suspense list” are still permitted to vote – with appropriate ID and completion of a “Statement of Residence” if the voter has moved within the same county – contemporaneous news reports suggest that learning of placement on the suspense list resulted in extensive confusion among voters.


References

1) Seward, L. 31 Jan 2018. “Harvey flood victims face confusion over voter registration.” KHOU 11. Retrieved from https://www.khou.com/article/news/politics/harvey-flood-victims-face-confusion-over-voter-registration/285-513422088

2) Voting Issues for Texas Harvey Evacuees. (n.d.). Votetexas.gov. Retrieved from https://www.votetexas.gov/harvey/index.html

3) Shay, M. 1 Feb 2018. “Hurricane Harvey victims shocked to find out voter registration was suspended.” ABC 13. Retrieved from https://abc13.com/politics/harvey-victims-shocked-to-find-voter-registration-suspended/3019551/

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