Qualifying Voters on EDay Handbook

Handbook for Election Judges and Clerks

QUALIFYING VOTERS ON

E

LECTION DAY

2023

For Use In

General, Primary, and Other Political

Subdivision Elections

OFFICE OF THE TEXAS SECRETARY OF STATE

ELECTIONS DIVISION

800.252.8683 or 512.463.5650

www.sos.texas.gov or www.votetexas.gov

(Revised September 2023)

TABLE OF CONTENTS

INTRODUCTION……………………………………………………………………………………………………………………..3

CHAPTER 1 — THINGS TO DO BEFORE THE POLLS OPEN

Section A. Selection of Election Clerks and Student Election Clerks………………………………………..4

Section B. Preparing the Polling Place ……………………………………………………………………………………5

Section C. Poll Watchers……………………………………………………………………………………………………….14

Section D. Election Inspectors.…………………………………………………………..…………………………………17

CHAPTER 2 — QUALIFYING THE VOTER

Processing the Voter…………………………………………………………………………………………………………….18

Situation 1 – Acceptable Photo ID/(E) Notation Voter….……………............................................22

Situation 2 – Voter Who Does Not Possess and Cannot Reasonably Obtain an Acceptable

Form of Photo Identification……..………………………………………...............................24

Situation 3 – Voter’s Name on Acceptable Form of Identification Does Not Match Voter’s

Name on List of Registered Voters…………………………………………………………………..28

Situation 4 – Voter Has Moved………………………………………………………….....................................31

Situation 5 – Voter with Acceptable Form of Identification, but Voter’s Name Not on List

of Registered Voters (Section 63.006)…...………………………………...........................34

Situation 6 – Voter Without Certificate and Not on List of Registered Voters……………………….36

Situation 7 – Provisional Voter………………………………………………………..……………………………………36

Situation 8 – Cancelling a Ballot by Mail……………………………………………………………………………… 40

Situation 9 – Notice of Improper Delivery or Notice of Surrendered Ballot.............................41

CHAPTER 3 — VOTING

Section A. Persons Allowed Inside the Polling Place………………………………………………………………42

Section B. Law Enforcement Duties and Powers……………………………………………………………………43

Section C. General Instructions to a Voter…………………………………………………………………………….43

Section D. Rendering Assistance to a Voter…………………………………………………………………………..44

Section E. Using English and Interpreters…………………………………………………..............................46

Section F. Miscellaneous Provisions……………………………………………………….................................47

Section G. Casting the Ballot………………………………………………………………....................................50

CHAPTER 4 — EXAMINING, PREPARING AND COUNTING VOTED BALLOTS

Section A. Equipment Failure During Voting………………………………………………………………………….51

Section B. Traditional Polling Place Procedures for Counting Optical/Digital Scan Ballots at

the Polling Place When Using Precinct Ballot Counters………………………………………..52

Section C. Traditional Polling Place Procedures for Counting Ballots at the Polling Place

When Using Direct Recording Electronic (DRE) Voting Machines………………………….53

Section D. Procedures for Optical/Digital Scan Ballots Counted at a Central Counting

Station…………………………………………………………………...................................................54

Section E. Procedures for DRE Ballots Counted at a Central Counting Station……………………….55

Section F. Hand Counting Precinct Count Optical/Digital Scan Ballots…………………………………..56

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CHAPTER 5 — CLOSING AND SECURING THE POLLING PLACE

Section A. Closing the Polling Place ………………………………………………………………………………………58

Section B. Distribution of Election Records When Ballots are Tabulated at the Polling Place

and Precinct Returns are Completed at the Polling Place (Optical/Digital Scan

and/or DRE)……………………………………………………………………........................................59

Section C. Distribution of Election Records when Ballots are Tabulated at Central

Counting Station (Optical/Digital Scan and/or DRE)…………………………......................62

Section D. Preparing Returns and Distribution of Election Records When Hand Counted

Paper Ballots are Used…………………………………………………………..................................65

Section E. Securing the Polling Place.………….............................................................................68

APPENDIX A

Section A. Preliminary Counting Procedure for Hand Counted Paper Ballots……………………….69

Section B. The Counting Procedure for Paper Ballots……………………………………………………………69

Section C. Rules for Counting Paper Ballots………………………………………………………………………….71

APPENDIX B………………………………………………………………………………….........................................75

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INTRODUCTION

The Elections Division of the Secretary of State’s Office has prepared this handbook for use on

election day by election judges and clerks serving in precinct polling places. This handbook

contains a thorough outline of polling place procedures for all elections. It incorporates changes

in election laws through the Second Special Session of the 88th Texas Legislature (2023).

The handbook starts at the beginning of election day and covers voter qualification and

assistance, as well as the basics for closing the polling place. Throughout the handbook,

references are made to the appropriate section in the Texas Election Code or the Texas

Administrative Code, unless otherwise indicated. Information in italics relates to primary

elections.

The Elections Division of the Secretary of State’s Office is open during the hours that the polls are

open for voting on all uniform election dates. Answers to questions on election law and

procedures may be obtained by telephoning the Elections Division toll-free at 1-800-252-2216 or

(512) 463-5650.

Please visit us at our Internet home page for additional election information at

http://www.sos.texas.gov/, as well as http://www.votetexas.gov.

The Office of the Secretary of State does not discriminate on the basis of race, color, national

origin, sex, religion, age, or disability in employment or the provision of services.

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CHAPTER 1

THINGS TO DO BEFORE THE POLLS OPEN

SECTION A. SELECTION OF ELECTION CLERKS A ND STUDENT ELECTION CLERKS

Election Clerks:

The presiding judge for each election precinct must appoint the election clerks to assist the judge

in the conduct of an election at the polling place served by the judge. [Sec. 32.031] To be eligible

to serve as an election clerk in a precinct, a person must be a qualified voter of the county in a

countywide election ordered by the governor or a county authority, or of the political subdivision,

in an election ordered by an authority of a political subdivision other than a county. [32.051] The

appointment of an election clerk is for a single election only. [Sec. 32.031]

The presiding judge must appoint the alternate presiding judge as one of the clerks. [Sec. 32.032]

The authority that appoints the election judges prescribes the maximum number of clerks that

each presiding judge may appoint for each election. [Sec. 32.033(a)] The presiding judge must

appoint at least two clerks for each precinct in each election and may appoint as many additional

clerks, within the prescribed limit, as are necessary for the proper conduct of the election. [Sec.

32.033(b)] However, in each election ordered by the governor or a county authority in which the

regular county election precincts are required to be used, the presiding judge must appoint clerks

for each precinct in the number, within the prescribed limit, the judge considers necessary for

the proper conduct of the election. [Sec. 32.033(c)]

Election clerks may be appointed to serve for an election, provided that the election clerks are

not related in the first degree by consanguinity (blood) or affinity (marriage) to an elected official

of the authority that appoints the election judges for that election. [Sec. 573.061, Tex. Gov’t

Code] For additional information regarding appointment procedures, please see our Election

Advisory on Appointment Procedures for Election Judges and Clerks.

Student Election C lerks:

A student who is at least 16 years of age and who is enrolled in a public or private high school or

home school and has the consent of the principal (or parent/legal guardian in charge of education

in home school) may serve as an election clerk on election day or during early voting. [Secs.

32.0511, 83.012] The student election clerk must also complete any training course required by

the entity holding the election. [Sec. 32.0511(b)(2)] Up to two student election clerks may serve

at any one time at an election day polling place. [Sec. 32.0511(d)] The elections officials must

receive written authorization from the student's parent or guardian for the student to serve in

the election for which he or she is appointed. For additional information, please see our Student

Election Clerk FAQs.

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SECTION B. PREPARING THE POLLING PLACE

Several of the forms referenced below are available in the forms manual on our website.

The election judges and clerks will need to complete the following tasks prior to opening the

polls:

1. Oaths: The presiding judge administers the Election Code’s Oath of Election Officer to himself

or herself and to the clerks. [Sec. 62.003] The Election Code’s Oath of Office is also located on

the Statement of Compensation.

Oath of Election Officer: “I swear (or affirm) that I will not in any manner request or

seek to persuade or induce any voter to vote for or against any candidate or measure

to be voted on, and that I will faithfully perform my duty as an officer of the election

and guard the purity of the election.”

On April 17, 2017, the Office of the Attorney General issued Opinion KP-0140 which dictated

that all presiding judges, alternate judges and early voting clerks must also complete the

Statement of Officer and take the constitutional Oath of Office. The Statement of Officer must

be completed prior to taking the constitutional Oath of Office. Both must be completed prior

to entering service, in addition to the Oath of Election Officer referenced above. [Article XVI,

Section 1 of the Texas Constitution]

The Statement of Officer and the constitutional Oath of Office are located on the

“Constitutional Oath for Presiding Judge, Alternate Judge, and Early Voting Clerk” form

available on the SOS website or with your general custodian of election records. The

Statement of Officer and the constitutional Oath of Office only need to be completed by the

presiding judge and the alternate judge. Election clerks do not need to complete this

paperwork.

NOTE: A presiding election judge or alternate presiding judge who has already entered

service may administer the constitutional Oath of Office. [Sec. 1.016] See Required Oaths

for Election Offices Advisory for additional information regarding the list of individuals

who may administer oaths.

2. Identification: The presiding judge and clerks must wear a form of identification, prescribed

by the Secretary of State, while on duty that indicates the person’s name and title or position

as an election officer. The presiding judge should issue such identification following

administration of the oath. If there are no name tags in your election kit, you may make your

own. (State and federal election inspectors, peace officers assigned to the polling place, and

poll watchers accepted for service at the polling place are also required to wear name tags.)

[Secs. 33.051(f), 61.010(b), 62.003(c)]

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3. Hours and Work Assignments: The judge reviews work schedules and assignments with the

clerks. [Sec. 32.072] The presiding judge may allow some clerks to end their service at the

polling place before the polls close (i.e., work in shifts), but may not allow clerks to leave the

polling place after the counting of ballots has begun, except for temporary absences. [Sec.

32.073] Additionally, the presiding judge may allow some clerks to begin their service at the

polling place later than 7:00 a.m. on Election Day. [Sec. 32.072(b)] The presiding judge may

permit temporary absences for meals or other necessary activities. [Sec. 32.073(a)] The judge

must treat clerks uniformly in designating their working hours and duties and in regulating

temporary absences. [Secs. 32.072(c), 32.073(c)]

4. Prepare List of Registered Voters: The early voting clerk must enter “early voting voter” beside

the name of each person on the precinct list of registered voters whose name appears on the

list of early voting voters and must deliver the precinct list to the presiding judge of the election

precinct not later than the day before election day. [Sec. 87.122(c)]

If a registration correction list is provided, an election officer must change the list of registered

voters to make it conform to the registration correction list. [Sec. 62.014(a)] An election officer

may make the changes to the list of registered voters at a location other than the polling place

before it is opened for voting. [Sec. 62.014(c)]

NOTE: If you are using an e-pollbook (electronic pollbook), it is unlikely that you will

need to update the list with voters who voted early or a registration correction list. Follow

the instructions provided to you by the authority conducting the election regarding the

use of the e-pollbook.

Note for Primary Election: In a primary election, for an entity not using an e-pollbook, the

presiding judge is given two lists of registered voters that must be marked to indicate who voted,

including those whose names appear on the precinct early voting list. The second list is given to

the precinct chair after the polls are closed and is used to qualify participants in the precinct

convention. The election judge of a primary election must make a notation next to the voter's

name on the second list of registered voters, as well as the list that is returned to the voter

registrar. A county clerk must prepare such a list, unless, not later than the 90th day before the

primary, the county chair notifies the county clerk that the chair does not require a list. [Sec.

172.1141(a)] If a county records the acceptance of a voter electronically, the state chair or county

chair may request, and the county clerk shall provide, not later than the date of the local primary

canvass, an electronic document listing the persons who voted in the party primary, the unique

identifier assigned to each person, and whether the person voted early in person or by mail, or

voted in person on election day. [Sec. 172.1141(b)] Precinct conventions may be held on primary

election night or on some other date as determined by rules of the state party. In such event,

the presiding judge will be instructed of alternate delivery arrangements for the second list of

registered voters.

5. Setup Polling Place: The election workers need to physically arrange the polling place. For

additional information regarding polling place preparation and procedures regarding the use

6

of electronic voting systems on election day, please see Chapter 4 of this handbook, our

advisory regarding updates to voting system procedures, and our electronic voting system

procedures advisory.

a. Arrange Tables, Chairs and Voting Area

i. Place table(s) and chairs near the entrance to the polling place for the clerks who will be

accepting the voters.

ii. Establish a voting area.

iii. Voting booths that provide voters privacy while voting must be provided at all polling

places. Voting booths must meet the regulatory specifications for voting booths, or have

been approved for use by the Secretary of State. [Sec. 51.032; 1 T.A.C. § 81.70]

iv. Arrange the voting booths in such a way that they are in view of the election officers,

watchers, and persons waiting to vote but are separated from voters who are waiting to

vote. They must be arranged to prevent access to the voting area through any entrance

other than the one designated. [Sec. 62.004] The voting equipment must be in sight of the

presiding election judge and/or an election clerk at all times while the election is being

conducted.

v. Make sure voting area is adequately lighted. [Sec. 62.004(3)]

vi. If used, place indelible marking instruments (makes marks that cannot easily be removed

or erased) in each voting booth where voters will be preparing their ballots. [Sec. 62.015]

vii. Establish an area convenient to the voting booths, in view of election officers, for

placement of the locked ballot box (Ballot Box No. 1) in which voters will deposit their

voted ballots, if using paper or optical scan ballots. [Sec. 62.006]

viii. Periodically check for evidence of tampering on voting equipment during the election. For

example, make sure the uniquely identified tamper-resistant or tamper-evident seal is still

intact. [Sec. 125.005]

ix. Establish an area for counting ballots (if conducting a hand counted paper ballot election).

NOTE: This area should be in a separate room from the voting area, or removed from the

voting area as much as possible, so that individuals counting ballots cannot be heard nor

the voted ballots seen by voters.

b. Preparing the Table(s) for Accepting and Qualifying Voters

i. Place the following election forms and supplies on each table:

1. Lists of registered voters, including supplemental and correction lists, or a revised

original list. [Secs. 18.001, 18.002, 18.003, 18.004]

2. Registration Omissions List. [Sec. 63.006(b)(2)]

3. Combination Form (combination of two or more forms below denoted by an “*”). [Sec.

63.004]

4. Poll List.* [Sec. 63.003]

5. Signature Roster.* [Sec. 63.002]

6. Affidavits (see below).

a. Voter with Required Documentation Who is Not on List. [Sec. 63.006]*

b. Affidavit of Voter Without Required Identification (part of Provisional Ballot

Affidavit Envelope). [Sec. 63.011(b)]

c. Voter’s Similar Name Affidavit. [Sec. 63.001(c)]*

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7. List of Provisional Voters. [1 T.A.C. §§ 81.172—81.176]

8. Reasonable Impediment Declarations [ Sec. 63.001(i)]

9. Provisional Ballot Affidavit Envelope. [Sec. 63.011]

10. Notice to Provisional Voter for voter voting provisionally due to lack of acceptable

identification. [1 T.A.C. §§ 81.172—81.176]

11. Notice to Provisional Voter (may have been combined with the Polling Place ID

Receipt). [1 T.A.C. §§ 81.172—81.176]

12. Secrecy Envelopes for Provisional Ballots. [1 T.A.C. §§ 81.172—81.176]

13. Statement of Residence. [Secs. 11.004, 63.0011] Voter signs this statement if the voter

has moved within the county to another election precinct in the same county. The

voter may vote a full county ballot in the election precinct of former residence,

regardless of how long ago the voter moved, if the voter still resides in each political

subdivision for which the voter offers to vote. See Chapter 2, Situation 4 “Voter Has

Moved” for further information.

14. The "voted" stamp and ink pad used for stamping the list of registered voters. While

it is not necessary that the election officers use a “voted” stamp and ink pad, they must

make a notation on the list of registered voters that a person has voted. [Sec. 63.001]

15. The party affiliation stamp for stamping voter registration certificates in a primary

election, unless, not later than the 90th day before the primary, the county chair notifies

the county clerk that the chair does not require a stamped voter registration certificate

or affiliation certificate for verification of attendance at a precinct convention. [Sec.

162.004(a-1) and (b)]

16. Certificates of party affiliation in a primary election for those voters who do not present

a voter registration certificate, unless, not later than the 90th day before the primary,

the county chair notifies the county clerk that the chair does not require a stamped

voter registration certificate or affiliation certificate for verification of attendance at a

precinct convention. [Sec. 162.004(a-1) and (c)]

Note for Primary Election: Because voters are not required to have their voter registration

certificates, you may be issuing a large number of party affiliation certificates.

17. Official ballots. An election officer must arrange a supply of numbered ballots, all face

down, and out of numerical order. [Sec. 62.009(a), (b)] NOTE: If exclusively using DREs,

there will be no paper ballots provided.

18. Provisional ballots. An election officer must set aside a sufficient number of provisional

ballots and stamp or write on the back of each ballot “provisional” next to the presiding

judge’s signature. [1 T.A.C. §§ 81.172—81.176] NOTE: For DREs, provisional ballots

may be maintained electronically.

19. Provisional stamp, if applicable. [1 T.A.C. §§ 81.172—81.176]

20. Register of Spoiled Ballots. [Sec. 64.007(c)]

21. Register of Surrendered Ballots by Mail. [Sec. 84.032(d-1)]

22. Request to Cancel a Ballot by Mail for Use in the Polling Place. [Sec. 84.032]

23. Envelope No. 5. In a primary election, it is addressed to the County Chair.

8

NOTE for epollbooks: If you are using an e-pollbook, forms 1-7 may not be in your election

kits as these forms could be maintained electronically by the e-pollbook. Please refer to the

authority conducting your election for more information on the procedures for using your

pollbooks and what hardcopy forms are applicable to your election.

NOTE: More than one qualifying table may be set up by dividing the list of registered voters

into sections of the alphabet, for example, A-G and H-Z.

NOTE: An election judge commits an offense if the judge knowingly provides a voter with a

form for affidavit required by Section 63.001 if the form contains information that the judge

entered on the form knowing it was false. An offense under the section is a state jail felony.

[Sec. 63.0111]

6. Post Distance Markers, Sample Ballots, Instructions and Notices

a. Post distance markers 100 feet in each direction from all entrances through which voters

may enter the building in which the polling place is located. [Secs. 61.003(a), 62.010(a)]

Distance Markers must include in large letters, “DISTANCE MARKER. NO ELECTIONEERING

OR LOITERING BETWEEN THIS POINT AND THE ENTRANCE TO THE POLLING PLACE.”

NOTE: Election officers (or appointed peace officers) may not enforce the prohibition against

electioneering or loitering OUTSIDE the 100 ft. distance marker. [Sec. 32.075(e)]

b. Post the Voter Information Poster and other instruction posters in each voting station and

in one or more locations in the polling place where they can be read by persons waiting to

vote. The form is also available in Spanish. [Secs. 62.011, 62.0111, 62.0112, 62.0115,

63.0015]

c. Post Notice of Voting Order Priority

i. Section 63.0015 provides that an election officer shall accept a person with a mobility

problem that substantially impairs a person’s ability to ambulate who is offering to vote

before accepting others offering to vote at the polling place who arrived before the

person. “Mobility problem that substantially impairs a person’s ability to ambulate” has

the meaning assigned by Section 681.001, Transportation Code. Disabilities and

conditions that may qualify a voter for voting order priority include paralysis, lung

disease, use of portable oxygen, cardiac deficiency, severe limitation in the ability to walk

due to arthritic, neurological, or orthopedic condition, wheelchair confinement, arthritis,

foot disorder, the inability to walk 200 feet without stopping to rest, or use of a brace,

cane, crutch, or other assistive device.

ii. A person assisting an individual with a mobility problem may also, at the individual's

request, be given voting order priority. Notice of the priority given to persons with a

mobility problem that substantially impairs a person’s ability to ambulate must be

posted at each entrance to a polling place where it can be read by persons waiting to

vote. See Notice of Voting Order Priority (PDF).

d. A Voter Complaint Poster, which contains contact information for state and local election

officers, must be posted in the polling place. [Secs. 62.011, 62.0112, 62.0115]

e. Post the List of Declared Write-In Candidates for the November general election, city

council officer elections, independent and common school district trustee elections,

special elections for state representative and state senator, and other elections required

9

by law. The list of declared write-in candidates must be posted next to the voter

information poster in each voting station and in the polling place where it can be read by

persons waiting to vote. [Secs. 62.011, 62.0115, 144.006, 146.031(d), 146.054, 146.055,

146.082, Election Code; Secs. 11.056(c), 11.304, 130.081, 130.0825, Education Code; Sec.

285.131, Health and Safety Code; Secs. 326.0431, 326.0432, Local Government Code; Secs.

36.059, 49.101, 63.0945, Water Code]

NOTE: Section 172.112 provides that write-in voting in a primary election is not permitted.

f. For Primary Elections:

i. May post the party sign over the entrance to the polling place in a primary election. [Sec.

172.127]

ii. If only one candidate files for precinct chair, the election for that office is not held and the

county chair shall prepare a sign notifying voters that the candidate will be declared

elected to the office at the time of the local canvass. An election officer shall post the sign

in one or more locations in the polling place where it can be read by persons waiting to

vote. [Sec. 171.0221]

NOTE: Section 172.127 provides that the presiding judge or alternate presiding judge for

the precinct may post signs at a polling place for a primary election or a primary runoff

election that: 1) identify the names of, or symbols representing, any political parties holding

an election at the polling place; and 2) do not refer to a candidate or measure on the ballot.

See Joint Primary Election Signage Advisory for more details.

g. Post the required sample ballots in easily observed locations within the polling place. [Sec.

62.012]

h. Place Notice of Prohibition of Certain Devices in locations throughout polling place where

it can be read by persons waiting to vote. The use of wireless communications devices

(e.g. cell phones) and recording devices (e.g. cameras) is prohibited in a polling place. [Sec.

62.0111]

NOTE: There are exceptions to the prohibition against wireless devices in the polling place

for an election officer conducting the officer’s official duties, for the use of election

equipment necessary to conduct the election, or for a person employed at the location in

which a polling place is located while the person is acting in the course of the person’s

employment. [Sec. 61.014]

i. No election material may be posted at a polling place, including the area within a 100 feet

radius of an outside door through which a voter may enter the building where the polling

place is located, unless it is required or allowed by law. [Sec. 62.013] An offense under

Section 62.013 is a Class C misdemeanor. [Sec. 62.013(c)]

j. No person other than an election judge or clerk may post materials in a polling place or

within 100 feet radius of the entrance to the polling place. [Sec. 62.013] An offense under

Section 62.013 is a Class C misdemeanor. [Sec. 62.013(c)]

k. A Notice of Total Number of Voters Who Have Voted must be posted at an outside door

to the polling place every two hours, beginning at 9:30 a.m. and running through 5:30 p.m.,

on a form prescribed by the Secretary of State, unless that form is unavailable. [Sec.

61.007] NOTE: This form is NOT used for early voting.

10

l. Post Notice of Acceptable Identification on the outside door of the polling place. The

notice must be in the form prescribed by the Secretary of State. The form is also available

in Spanish.

m. For the general primary election, a Notice of Precinct Convention must be posted at each

door through which a voter may enter the polling place during the early voting period and

on election day. [Sec. 172.1111]

Note for Primary Election: Precinct conventions may be held at a time and place

determined by rules adopted by the state executive committee of a political party.

7. Open and Inspect All Ballot Boxes, if Paper Ballots Are Being Used in the Polling Place

a. As used by the Secretary of State, the term “paper ballot” refers to a ballot that is made of

paper and meant to be hand-counted, not an optical scan ballot that would normally be

counted using a precinct ballot counter or a centralized tabulating machine.

b. An optical/digital scan ballot is a ballot designed to be used in a voting system that uses an

optical scanner to read the marked ballots, which are made of paper and marked by using

an indelible marking instrument to fill in an oval or shape next to the candidates’ names or

“for” or “against” a ballot measure.

c. If paper ballots are used in the election, open and inspect all ballot boxes to ensure that

they are empty. If optical scan ballots are being used, the ballot boxes used for delivering

the ballots to a central counting station or the precinct ballot counters that count the ballots

at the precinct will be pre-locked and pre-sealed before delivery to the polling place. [Secs.

62.005, 127.061, 127.065]

d. Make sure that each ballot box is empty.

e. Make sure that each ballot box has a working lock and a key that opens the lock, unless pre-

locked, pre-sealed boxes or precinct ballot counters are used. [Secs. 51.034(a), 127.065]

8. Prepare Official Ballots (Hand-Counted Paper and Optical/Digital Scan Ballots)

a. If paper or optical scan ballots are used in the election:

i. Record the total number of ballots received on the "Register of Official Ballots" form.

[Sec. 65.013]

ii. Inspect the official ballots to see that they are properly printed and numbered. [Sec.

65.013]

iii. Remove any ballot that is not numbered or that is otherwise defectively-printed. [Sec.

62.007]

iv. Count the defective and/or unnumbered ballots and enter this number on the Register

of Official Ballots form. [Sec. 65.013(b)(2)]

v. Place defective and/or unnumbered ballots in Ballot Box No. 4 (or other designated

container). [Sec. 62.007(b)]

vi. Place Ballot Box No. 4 (or other designated container) in a protected place near the clerks

at the qualifying table so that any mutilated or spoiled ballot returned by a voter for a

new ballot can be easily deposited in this ballot box. Ballots by mail surrendered at the

polling place for cancellation should also be placed in Ballot Box No. 4.

NOTE: Ballot Box No. 4 (or other designated container) is used for delivering defectively-

printed, spoiled, surrendered or unused ballots. [Sec. 66.026]

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b. Place the presiding judge's full name on the back of each ballot. [Sec. 62.008]

c. If a stamp of the judge's signature is provided, a clerk may stamp the back of each ballot

with this signature stamp. An election clerk may not forge the signature of the judge. [Sec.

62.008(b)]

d. Ballots may be signed or stamped as needed throughout the day. Unsigned paper or optical

scan ballots may not be made available for selection by voters. [Sec. 62.008(c)]

e. Mix the ballots containing the judge’s signature so that they are not in numerical order.

[Sec. 62.009(a)]

f. Place the mixed ballots face down on the acceptance table(s). [Sec. 62.009(b)]

g. Set aside a sufficient number of official ballots and stamp or write on each ballot

“Provisional” next to the judge’s signature. Also, set aside a sufficient number of “Notices

to Provisional Voter” and “Polling Place ID Receipt” forms. Alongside these provisional

ballots, keep a sufficient number of Provisional Ballot Affidavit Envelopes.

EMERGENCY BALLOT NOTE: The presiding judge should monitor the number of ballots remaining

throughout the day on election day and contact the authority for distributing the supplies for the

election if the number of ballots runs low. If, before the last voter has voted, the supply of official

ballots is exhausted, destroyed, or lost, or if the presiding judge determines that the official ballots

are erroneously-printed so that they may not be used in the election, the presiding judge should

immediately contact the authority responsible for distributing the supplies for the election and

obtain additional official ballots for use at the polling place. If official ballots are unavailable, the

presiding judge must create emergency ballots himself or herself. The makeshift ballots must

contain all of the offices and/or propositions to be voted on, must be numbered consecutively with

unique numbers, and must be designed in the same format as the official ballot. [Sec. 52.001(b)]

The judge may make copies of sample ballots after blocking out the words "Sample Ballot," number

the copies, and provide these copies for voters to mark ballots. It is recommended that the judge

indicate, in a memorandum attached to the Register of Official Ballots, if he or she has provided or

been provided with ballots other than those initially supplied to the polling place, set forth the

circumstances necessitating their use, and record the numbers of the ballots. For additional

information, please see our Emergency Ballot Procedures advisory.

9. Place Ballot Boxes

a. If you are going to be hand-counting the regular paper ballots during the day, you will have

received more than one ballot box to rotate in and out of the polling place.

b. Ballot Boxes Nos. 1 and 2 are used on a rotating basis for the deposit of ballots by the voters.

Lock Ballot Box No. 1 and place it in the area established for depositing voted ballots. [Sec.

62.006] When either Ballot Box No. 1 or No. 2 containing marked ballots is delivered to the

election officers counting the ballots, the other box shall be immediately made available for

the deposit of marked ballots. [Sec. 65.003]

c. Each time the ballot boxes are changed, make sure the ballot box replacing the ballot box

containing the voted ballots is empty and locked before it is put into place for use by voters.

d. If you are using optical scan ballots, you will place the pre-locked and pre-sealed ballot box

(or a precinct ballot counter) in the area established for depositing voted ballots, where it will

remain until the polls close.

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10. Precinct Ballot Counter Procedures

a. In addition to the procedures outlined in Section 81.52 of the Texas Administrative Code,

these are the procedures that should be followed on election day when using a precinct

ballot counter in a polling place:

i. Immediately prior to the opening of the polls, the election judge shall inspect the precinct

ballot counter to ensure that all locks and seals are properly affixed to the precinct ballot

counter.

ii. The election judge shall verify and document the serial numbers of the equipment in use at

that polling place.

iii. Look for evidence of tampering.

iv. Verify that the Public Count is “0” on each applicable device.

v. Check the accuracy of the date and time on applicable equipment.

vi. Confirm that all units are open for voting.

vii. The election judge shall run a report that shows that zero ballots have been cast on the

precinct ballot counter.

viii. If the tape properly reads “0” for all candidates and propositions, voting shall begin.

ix. The presiding judge, an election clerk, and not more than two poll watchers, if one or more

watchers are present, shall sign the zero tape.

x. The zero tapes must be placed in a secure location to be returned with the election

materials.

11. Direct Recording Electronic Voting Machine Procedures

a. A direct recording electronic voting machine (“DRE”) allows a direct vote on the machine

by the manual touch of a screen, monitor, wheel, or other device and records the individual

votes and vote totals electronically.

b. For elections using DREs, follow the instructions from the authority conducting the election

concerning the placement of DREs and any associated procedures. But at a minimum, you

must follow these procedures:

i. Immediately prior to the opening of the polls, the election judge shall inspect the DRE to

ensure that all locks and seals are properly affixed to the devices.

ii. The presiding judge shall verify and document the serial numbers of the equipment

delivered to the polling site.

iii. Look for evidence of tampering.

iv. Verify that the Public Count is “0” on each applicable device.

v. Check the accuracy of the date and time on applicable equipment.

vi. Confirm that all units are open for voting.

vii. At a minimum, print one zero tape from each applicable device.

viii. The election judge shall run a report that shows that zero ballots have been cast on the

DREs

ix. If the tape properly reads “0” for all candidates and propositions, voting shall begin.

x. The presiding judge, an election clerk, and not more than two poll watchers, if one or

more watchers are present, shall sign the zero tape.

xi. The zero tapes must be placed in a secure location to be returned with the election

materials.

12. Secure Polling Place: The presiding judge must secure the polling place if it is left unattended

at any time after the preparation for voting begins. [Sec. 62.001(b)]

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SECTION C. POLL WATCHERS

“Watcher” means a person appointed to observe the conduct of an election on behalf of a

candidate, a political party, or the proponents or opponents of a measure or registered voters on

behalf of an undeclared write-in candidate. [Sec. 33.001] For additional information, please also

see our Poll Watcher’s Guide online.

1. Appointer of Poll Watchers: A candidate on the ballot, a campaign treasurer of a specific-

purpose political action committee in an election on a measure, or a political party (with

candidates in the primary or in the November general election) may appoint up to two

watchers per polling place. A write-in candidate whose name appears on the list of declared

write-in candidates may also appoint poll watchers, and a group of registered voters may

appoint a watcher for an undeclared write-in candidate for elections where a declaration is

not required. [Secs. 33.002 - 33.005]

2. Acceptance and Qualification: A watcher who presents himself or herself at any time on

election day with a certificate of appointment and certificate of completion from SOS training

must be accepted for service unless the person is ineligible to serve or the number of

appointees to which the appointing authority is entitled has already been accepted. [Secs.

33.051, 33.052] To be eligible to serve as a poll watcher, a person must:

a. be a registered voter of the territory (e.g., city, school district) covered by the election and

of the county for November general elections, primary elections, or other countywide

elections; [Sec. 33.031]

b. not be a candidate for public office in an election held on the day the watcher seeks to serve;

[Sec. 33.032]

c. not hold an elective public office; [Sec. 33.034]

d. not be an employee of an election judge or clerk serving at the same polling place; [Sec.

33.033]

e. not have been finally convicted of an offense in connection with conduct directly

attributable to an election; [Sec. 33.035] and

f. not be related within the second degree by consanguinity or affinity (as determined by Tex.

Govt. Code, Chapter 573, Subchapter B, Secs. 573.022 - 573.025) to an election judge or clerk

serving at that polling place. A watcher may be related to the candidate the watcher is

representing. [Sec. 33.033]

NOTE: An election officer commits a Class A misdemeanor if the officer intentionally or knowingly

refuses to accept a watcher for service when acceptance of the watcher is required by Section

33.051. [Sec. 33.051(g)]

3. Certificates of Appointment and Training Completion: The poll watcher must present his or

her certificate of appointment and a physical copy of the certificate of completion of training

under Section 33.008 to the presiding judge when he or she reports for service. [Sec.

33.051(a)]

a. The poll watcher’s certificate of appointment must be in writing and must include the

following: [Sec. 33.006]

i. Name, residence address, and voter registration number of the poll watcher;

ii. The election and the number of the precinct where the poll watcher is to serve;

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iii. The signature of the person(s) making the appointment;

iv. The signature of the poll watcher;

v. An indication of the capacity in which the appointing authority is acting;

vi. In an election on a measure, an identification of the measure (if more than one is to be

voted on) and a statement of which side the appointee represents; and

vii. An affidavit executed by the poll watcher stating that the poll watcher will not have

possession of any mechanical or electronic means of recording images or sound while

serving as a watcher unless the poll watcher disables or deactivates the device.

viii. A certificate issued to a watcher appointed for a write-in candidate must also include

the following: 1) the residence address and voter registration number of eligible signers

in the required number; 2) the signed statement of the candidate, or a person who would

be authorized to make appointments on the candidate’s behalf if the candidate’s name

appeared on the ballot, that the appointment is made with the signer’s consent; and 3)

state the residence or office address of the signer under Subdivision 2 and the capacity

in which the signer signs, if the statement is not signed by the candidate.

For additional information, see Certificate of Appointment of Poll Watcher by Candidate,

Certificate of Appointment for Watcher for Propositions or Measures, Certificate of

Appointment of Poll Watcher by Political Party and Certificate of Appointment of a Poll

Watcher by Registered Voters on Behalf of a Write-In Candidate.

NOTE: A poll watcher may not use wireless communication devices (e.g. cell phones) in

a polling place. [Sec. 61.014] A poll watcher may not be accepted for service if he or she

possesses any mechanical or electronic means of recording images or sound unless the

poll watcher disables or deactivates the device. The presiding judge may inquire

whether a watcher has possession of any prohibited recording device before accepting

the watcher for service. [Sec. 33.051(c)]

b. The presiding judge must require the poll watcher to countersign his or her signature on the

certificate of appointment and compare and verify the signatures. [Sec. 33.051(b)] The

completion of the affidavit in front of the presiding election judge serves as the

countersignature.

NOTE: It is not necessary to notarize a certificate of appointment.

c. The presiding judge must keep the certificate of appointment and certificate of completion

of poll watcher training in Envelope No. 2 for return to the custodian of election records after

the election. [Sec. 66.023(7)]

d. If a watcher is not accepted for service, the presiding judge must return the certificate of

appointment to the watcher with a signed statement of the reason for the rejection. [Sec.

33.051(e)]

4. Identification: A poll watcher must wear a form of identification prescribed by the Secretary

of State and provided by the presiding judge or other election officer. [Sec. 33.051(f)]

5. Oath: Before accepting a watcher, the officer presented with a watcher’s certificate of

appointment shall require the watcher to take the following oath, administered by the officer:

“I swear (or affirm) that I will not disrupt the voting process or harass voters in the discharge

of my duties.” [Sec. 33.051(h)]

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6. Service, Duties, and Privileges of Poll Watchers

a. A watcher at a precinct polling place may begin service at any time after the presiding judge

arrives at the polling place on election day and may remain at the polling place until the

presiding judge and the clerks complete their duties there. A watcher may serve at the

polling place during the hours the watcher chooses, except that if the watcher is present at

the polling place when ballots are counted, the watcher may not leave until the counting is

complete. [Sec. 33.052]

b. A watcher must be permitted to observe all election activities performed by the election

judge and clerks and to inspect the returns and other records prepared by the election judge

and clerks. [Sec. 33.056]

c. A watcher is entitled to sit or stand near enough to see and hear the election officers

conducting the observed activity. [Sec. 33.056(a)]

d. A watcher is entitled to sit or stand near enough to any member of the counting team to

verify that the ballots are read correctly and/or that they are tallied correctly. [Sec.

33.056(b)]

e. A watcher is entitled to inspect the returns and other records prepared by the election

officers at the location at which the watcher is serving. [Sec. 33.056(c)]

f. A watcher may make written notes while on duty. However, if the watcher is permitted to

leave the polling place while the polls are open, he or she may be required to leave his or

her written notes with another person selected by the watcher who is on duty at the polling

place. [Sec. 33.056(d)]

g. A watcher may not be denied free movement where election activity is occurring within the

location at which the watcher is serving. [Sec. 33.056(e)]

h. A watcher may not talk with the judge, clerks, or voters regarding the election while it is in

progress, except to point out to an election judge and/or clerk any observed irregularity or

violation of the law. [Sec. 33.058]

i. If a watcher points out to an election clerk an occurrence that the watcher believes to be

irregular and the clerk refers the watcher to the presiding judge, the watcher may not discuss

the matter further with the clerk unless the presiding judge invites the discussion. [Sec.

33.058]

j. A watcher who asks to accompany the election officer who delivers election records must

be permitted to do so. [Sec. 33.060(a)]

i. If the delivery is made in a vehicle, it is sufficient to allow the watcher to follow in a

different vehicle and to drive in such a manner that enables the watcher to keep the

delivery vehicle in sight. [Sec. 33.060(b)]

k. A watcher is not permitted to converse with a voter or communicate in any manner with a

voter regarding the election. [Sec. 33.058(a)]

l. A watcher may not watch a voter vote except when a voter is being assisted by election

officers and a watcher may inspect the ballot before it is deposited in the ballot box to

determine if it was prepared in accordance with the voter’s wishes. A watcher may not be

present at the voting station when a voter is preparing the voter's ballot or is being assisted

by a person of the voter's choice. [Sec. 33.057]

m.A watcher appointed to serve at a polling place in an election who is available at the time of

the action may observe all election activities relating to closing the polling place, including

the sealing and transfer of a memory card, flash drive, hard drive, data storage device, or

other medium now existing or later developed used by the voting system equipment. [Sec.

33.0605(a)]

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n. A watcher duly accepted for service at a polling location is entitled to follow the transfer of

election materials from the polling place at which the watcher was accepted to a regional

tabulating center, the central counting station, or any other location designated to process

election materials. The authority responsible for administering a regional tabulating center

or another location where election materials are processed must accept duly appointed

watchers for service in the same manner a watcher is accepted for service under Section

33.051 and must accept the same number of watchers that may serve under Section

33.007(a). [Sec. 33.0605(b)]

7. Preventing a watcher from observing any activity or procedure the person knows the watcher

is entitled to observe is a Class A misdemeanor. [Sec. 33.061]

SECTION D. ELECTION INSPECTORS

For additional information, please see our Election Inspector Handbook online.

1. Inspectors are appointed by the Secretary of State and are responsible to the Secretary of

State. [Sec. 34.001]

2. An inspector must wear an identifying name tag or badge while on duty at a polling place.

[Sec. 61.010(b)]

3. Inspectors must be permitted to observe all election activities performed by the election

judges and clerks. [Sec. 34.002]

4. An inspector may not observe the preparation of the ballot of a voter not being assisted by an

election officer. [34.002(b)]

5. Inspectors are not required to be at the polling place when the polls open or remain in the

polling place until the polls close.

6. Inspectors are not required to take an oath administered by the election judge.

7. Inspectors will have identification cards issued by the Secretary of State. The presiding judge

should request identification from the inspector. Anyone purporting to be an inspector who

cannot produce identification as an inspector should not be permitted in the polling place.

Please note that the SOS inspector will be wearing a name tag that will also serve as their

identification card.

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CHAPTER 2

QUALIFYING THE VOTER

PROCESSING THE VOTER

Open the doors to the polling place at 7:00 a.m. and direct voters to the voter acceptance table.

[Sec. 41.031] Then follow these basic steps which apply for all voters. [Secs. 63.001, 63.0011]

1. Ask Voter to Provide Acceptable Form of Photo Identification or a Permanent Disability

Exemption: An election officer at the acceptance table should ask the voter whether the voter

possesses an acceptable form of photo identification that is either current or, if the voter is

aged between 18-69 years, not expired more than four years, or, if the voter is aged 70 or

older, may be expired for any length of time as long as it is otherwise valid. [Sec. 63.001(b)].

The acceptable forms of photo identification are:

1. Texas Driver License issued by the Department of Public Safety (“DPS”);

2. Texas Election Identification Certificate issued by DPS;

3. Texas Personal Identification Card issued by DPS;

4. Texas Handgun License issued by DPS;

5. United States Military Identification Card containing the person’s photograph;

6. United States Citizenship Certificate/Certificate of Naturalization containing the person’s

photograph; or

7. United States Passport (book or card).

NOTE: With the exception of the U.S. citizenship certificate, which does not expire, the

identification must be current or, for voters aged 18-69, have expired no more than 4 years

before being presented for voter qualification at the polling place. A person 70 years of age

or older may use a form of photo identification listed above that has expired for any length

of time if the identification is otherwise valid.

NOTE: If the presiding judge reasonably determines that the voter is not the person whose

photo appears on the acceptable form of photo identification presented by the voter, the

presiding judge will follow the procedure prescribed in Situation 7.

NOTE: The authority conducting the election may authorize an election officer to access

electronically readable information on a driver’s license or personal identification card for

proof of identification when determining whether a voter shall be accepted for voting. [Sec.

63.0102]

Permanent Disability Exemption: If the voter presents the voter’s current voter registration

certificate that has a notation of an “(E)" after the VUID number, it is not necessary for the voter

to present one of seven forms of photo identification listed above or follow with the Reasonable

Impediment Declaration procedure. The notation means the voter is exempt from showing one

of the seven forms of photo identification or following the Reasonable Impediment Declaration

procedure because the voter has a disability and has applied for and received a disability

exemption from the voter registrar in accordance with the Texas Election Code.

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NOTE: If a voter has continued access to an acceptable form of photo ID, but, for example,

forgets to bring his or her acceptable form of photo ID to the polling place and/or left it at

home or in the car, the voter still possesses the acceptable photo ID and must use it to vote.

Accordingly, if the voter states that he or she possesses an acceptable form of photo ID but

did not bring it to the polling place, the election officer should explain that the voter may

take one of two actions:

a. The voter may leave the polling place and return with the acceptable form of photo ID before

the polls close on Election Day and vote a regular ballot at that time.

b. The voter may cast a provisional ballot. To have the provisional ballot counted, the voter

must appear at the county voter registrar’s office within 6 calendar days of election day to

present an acceptable form of photo ID or complete a natural disaster affidavit because the

voter’s acceptable photo ID is inaccessible or was destroyed due to certain natural disasters.

The presiding judge will follow the procedure prescribed in Situation 7.

If a voter indicates that the voter does not possess an acceptable form of photo ID, the election

officer will need to follow the guidelines below depending on the situation:

a. If the voter states that he or she does not possess an acceptable form of photo ID, the poll

worker should ask the voter if he or she cannot reasonably obtain an acceptable form of

photo ID. If the voter says that he or she cannot reasonably obtain an acceptable form of

photo ID, the election officer should inform the voter that the voter may show a supporting

form of ID and execute a Reasonable Impediment Declaration. The election officer should

then provide the voter with a Reasonable Impediment Declaration and ask the voter to

complete the form by writing his or her name, indicating at least one reasonable

impediment, and signing and dating the Declaration.

After the Declaration is completed by the voter, the voter should return the Declaration to

the poll worker, and the poll worker should ask the voter to present one of the forms of

supporting ID of the voter. The election judge should enter the date and then sign on the

space provided on the Declaration. Either the poll worker or the election judge should

indicate on the Declaration which supporting form of identification was presented. Either

the poll worker or the election judge shall fill in the voter’s VUID in the appropriate box or

affix a sticker that contains the information across the box, and note on the combination

form that the Declaration was used by the voter. Either the poll worker or the election judge

should fill in the Date of Election and Location fields.

Here is a list of the supporting forms of ID that can be presented if the voter does not possess,

and cannot reasonably obtain, one of the forms of acceptable photo ID:

1. copy or original of a government document that shows the voter’s name and an address,

including the voter’s voter registration certificate (other examples of government documents

include, but are not limited to: driver’s licenses from other states, ID cards issued by federally

recognized Native American tribes (if the ID card contains an address), DPS Receipts (without

a photo), expired voter registration certificates, and, for voters aged 18-69, expired Texas

DPS-issued driver license or personal ID cards (over 4 years));

2. copy of or original current utility bill;

3. copy of or original bank statement;

4. copy of or original government check;

5. copy of or original paycheck; or

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6. copy of or original of (a) a certified domestic (from a U.S. state or territory) birth certificate

or (b) a document confirming birth admissible in a court of law which establishes the voter’s

identity (which may include a foreign birth document).

NOTE: If the voter states that he or she does not possess and cannot reasonably obtain an

acceptable form of photo ID, the election officer should not question the voter about his or

her circumstances. The election officer should simply state that if the voter does not possess

and cannot reasonably obtain an acceptable form of photo ID, he or she can show a supporting

form of ID and execute a Reasonable Impediment Declaration.

NOTE: The election officer may not question the reasonableness of the voter’s reasonable

impediment. [Sec. 63.001(d)] For example, if the voter checks “lack of transportation” as the

impediment, the election officer may not challenge how the voter came to the polling site, or

the voter’s access to a bus route or other means of transportation. A signed Reasonable

Impediment Declaration shall be rejected only upon conclusive evidence that the person

completing the declaration is not the person in whose name the ballot is cast.

NOTE: A voter who does not possess an acceptable form of photo ID includes a voter who does

not possess a valid form of acceptable photo identification. Accordingly, a voter with a lost,

stolen, suspended, or, if the voter is aged 18-69, expired more than four years, or, if the voter

is aged 70 or older, is not otherwise valid (for these voters acceptable photo IDs may be

expired for any length of time and still be used for voting so long as they are otherwise valid),

form of photo ID listed above does not possess one of the acceptable forms of photo ID, and

the voter could execute the Reasonable Impediment Declaration and present a supporting

form of identification if the voter cannot reasonably obtain a replacement of the identification

that was lost, stolen, suspended, revoked, expired or another form of acceptable form of

photo ID.

b. If the voter states that he or she does not possess an acceptable form of photo ID, and the

voter would otherwise not be able to reasonably obtain an acceptable form of photo ID, but

has not brought a supporting form of ID to the polling place, the voter should be offered a

provisional ballot. To have the provisional ballot counted, the voter must appear at the

county voter registrar’s office within 6 calendar days of election day and present an

acceptable form of photo ID; show a supporting form of ID and execute a Reasonable

Impediment Declaration; or qualify for one of the exemptions (disability, natural disaster, or

religious objection to being photographed).

The presiding judge will follow the procedure prescribed in Situation 7.

NOTE: A voter who could otherwise not reasonably obtain an acceptable form of photo ID but

did not bring a form of supporting ID to the polling place may opt to leave the polling place

and return at a later time before the polls close with the acceptable form of supporting ID and

vote a regular ballot after executing a Reasonable Impediment Declaration at that time.

c. If the voter states that he or she does not possess an acceptable form of photo ID, and the

voter can reasonably obtain an acceptable form of photo ID, the voter should be offered a

provisional ballot. To have the provisional ballot counted, the voter must appear at the

county voter registrar’s office within 6 calendar days of election day and present an

20

acceptable form of photo ID or qualify for one of the exemptions (disability, natural disaster,

or religious objection to being photographed). The presiding judge will follow the procedure

prescribed in Situation 7.

2. Locate Voter on List of Registered Voters: When presented with an acceptable form of photo

identification or, if applicable, a supporting form of identification with a Reasonable

Impediment Declaration, or the voter’s current voter registration certificate with an “E”

notation, the election officer checks the list of registered voters for:

a. the voter’s name;

b. the voter’s registration status; and

c. any special annotations.

NOTE: The two special annotations requiring further action are “S” for suspense and a “voted”

annotation if the voter has voted early. Because the acceptable form of photo identification,

or the supporting form of identification of a qualified voter together with an executed

Reasonable Impediment Declaration, or the voter’s current voter registration certificate

with an “E” notation, satisfies the requirement for presenting identification required by an

“ID” notation, you may disregard any “ID” notation in the official list of registered voters.

3. Compare Voter’s Name: If the voter’s name on the official list of registered voters does not

exactly match the name as it appears on the form of identification provided (the acceptable

form of photo identification or, if applicable, the acceptable form of supporting

identification), follow the procedure prescribed in Situation 3.

4. Ask Voter if his or her Residence Address has Changed: After determining that the voter is

registered, the voter must be asked if the residence address on the list of registered voters

has changed. An “S” notation by a voter’s name means that the voter may have moved. If the

voter has moved within the county, or is on the Suspense-list, the voter must sign the

Statement of Residence before being permitted to vote. A voter who has moved within the

county must vote in his or her former precinct of residence, according to his or her “old”

registration address.

NOTE: If the election is conducted for a city, school district, or other local political subdivision,

in addition to residing in the county, the voter must still reside in the city, school district, or

other local political subdivision in order to be eligible to vote.

NOTE: The address on an acceptable form of photo ID or, if applicable, a supporting form of

identification with a Reasonable Impediment Declaration, should not be compared to the

address on the list of registered voters. These two addresses do NOT have to match.

5. At this point, determine which of the situations below applies to the voter and follow the

steps outlined after the particular situation to process the voter.

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SITUATION 1. Acceptable Photo ID/(E) Notation Voter

In this scenario, the voter presents an acceptable form of photo identification listed on page

19, or has a notation of an “(E)” after the VUID number on the voter registration certificate.

[Secs. 63.001, 63.0101]

NOTE: The photo identification provided by the voter will be current or, for voters aged 18-69,

not have expired more than 4 years before the voter is presenting it at the polling place. Voters

aged 70 and older may use an acceptable form of photo identification which is expired for any

length of time, so long as it is otherwise valid.

The voter will be located in the precinct’s list of registered voters, and the name found on the

list of registered voters will match exactly to the name listed on the voter’s identification.

After verifying the voter’s identification, the voter is asked if the voter’s residence address on

the precinct list of registered voters is current and whether the voter has changed residence

within the county. [Sec. 63.0011] In this situation, the voter’s address will be current and the

voter will not have changed residence within the county.

NOTE: Some voters may not have an address on the list of registered voters due to participation

in an address confidentiality program. Nevertheless, election judges should continue to ask

whether or not the voter has moved from the address at which the voter is registered to vote.

If the voter’s registration address is omitted due to participation in an address confidentiality

program, you must ask the voter if the residence address listed on the voter’s acceptable form

of identification is current and whether the voter has changed residence within the county.

At this point, the voter should be checked-in by following these steps:

1. Stamp “voted” or place some other notation next to the voter’s name on the list of registered

voters to indicate that the voter has been accepted for voting. [Sec. 63.001(e)]

In a primary election, stamp “voted” in the same manner on the second list of registered voters

that is to be given to the precinct chair for use at the precinct convention after the polls close,

unless, not later than the 90th day before the primary, the county chair notifies the county clerk

that the chair does not require a list. [Sec. 172.1141] Precinct conventions may be held at a time

and place determined by rules adopted by the state executive committee of a political party.

In a runoff primary election, only one list of registered voters is used. This list will indicate voters

who voted in the first primary. If a voter attempts to vote in a runoff primary of a different party

than the one in which the voter voted in the first primary, the voter is ineligible to vote. The

ineligibility should be brought to the voter’s attention. A voter becomes affiliated with a political

party when the voter votes in that party’s primary or participates in that party’s convention. A

person commits an offense if the voter votes or attempts to vote in a primary election after having

voted in a primary election of another party during the same voting year. (The voting year is

January 1 through December 31.) [Sec. 162.014] If the voter believes the notation for the primary

election or convention attendance to be incorrect, the voter may complete the Affidavit of Non-

Participation and Affiliation form indicating that the voter did not participate in that party’s

primary or convention and proceed to vote. It is not necessary for the voter to vote provisionally

to counteract the record of primary or convention activity. [Sec. 172.125] The Affidavit of Non-

Participation and Affiliation form is a separate form not included on the Combination Form.

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1. Have the voter sign the signature roster (or Combination Form). [Sec. 63.002(b)] If the voter

cannot sign his or her name, an election officer shall enter the voter’s name with a notation of

the reason for the voter’s inability to sign the roster (or Combination Form). [Sec. 63.002(c)]

2. Legibly enter the name of the voter on the Poll List (or Combination Form). [Sec. 63.003(c)]

• The voter is required to sign his or her voter registration certificate in the appropriate place

upon receipt. [Sec. 15.003] The Poll List may also be in the form of an electronic device

approved by the Secretary of State. [Sec. 63.003(d)]

• If a Combination Form is not used, the names on the Poll List must be entered in the same

order as the names on the signature roster. [Sec. 63.003(c)]

• Stamp the voter’s voter registration certificate with the party affiliation in a primary election.

Otherwise, give voter a certificate of party affiliation or combined notice of convention and

certification of affiliation, as applicable, unless, not later than the 90th day before the

primary, the county chair notifies the county clerk that the chair does not require a stamped

voter registration certificate or affiliation certificate for verification at a precinct convention.

[Secs. 162.004(a-1) and (b), 172.1114]

NOTE: Because voters are not required to present their voter registration certificates (except to

show a disability exemption), there may be a large number of party affiliation certificates issued.

NOTE: The party chair can combine the certificate of party affiliation with the notice of

convention. If this is the case, the combined certificate and notice should be completed and

issued to the voter.

NOTE: The certificate of party affiliation is not required to be issued to a voter in a runoff primary

unless he or she requests it, unless, not later than the 90th day before the primary, the county

chair notifies the county clerk that the chair does not require a stamped voter registration

certificate or affiliation certificate for verification at a precinct convention. [Sec. 162.004(a-1)

and (c)]

3. Return the acceptable form of identification presented by the voter and the voter’s voter

registration certificate, if presented, to the voter. [Sec. 63.001(f)]

4. Have the voter pick up a ballot, if applicable, or issue the voter an activation code, etc. for the

accessible voting equipment and direct the voter to the voting area. [Sec. 64.001]

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SITUATION 2. Voter Who Does Not Possess and Cannot Reasonably Obtain an

Acceptable Form of Photo Identification

In this scenario, the voter states that he or she does not possess an acceptable form of photo

identification listed on page 19, the voter is asked whether he or she cannot reasonably obtain

an acceptable form of photo ID, and the voter states that he or she cannot reasonably obtain an

acceptable form of photo ID [Sec. 63.001(b)(2)].

In this situation, the election officer should provide the voter with a Reasonable Impediment

Declaration and ask the voter to complete the form by writing his or her name, indicating at least

one reasonable impediment, and signing and dating the Declaration.

After the Declaration is completed by the voter, the voter should return the Declaration to the

poll worker, and the poll worker should ask the voter to present one of the forms of supporting

ID. The election judge should enter the date and then sign on the space provided on the

Declaration. Either the poll worker or the election judge should indicate on the Declaration which

supporting form of identification was presented. Either the poll worker or the election judge

shall fill in the voter’s VUID in the appropriate box or affix a sticker that contains the information

across the box, and note on the Combination Form that the Declaration was used by the voter.

Either the poll worker or the election judge should fill in the Date of Election and Location fields.

Here is a list of the supporting forms of ID that can be presented if the voter does not possess,

and cannot reasonably obtain, one of the forms of acceptable photo ID:

1. copy or original of a government document that shows the voter’s name and an address,

including the voter’s voter registration certificate (other examples of government documents

include, but are not limited to: driver’s licenses from other states, ID cards issued by federally

recognized Native American tribes (if the ID card contains an address), DPS Receipts (without

a photo), expired voter registration certificates, and, for voters aged 18-69, expired Texas

DPS-issued driver licenses or personal ID cards (over 4 years));

2. copy of or original current utility bill;

3. copy of or original bank statement;

4. copy of or original government check;

5. copy of or original paycheck; or

6. copy of or original of (a) a certified domestic (from a U.S. state or territory) birth certificate

or (b) a document confirming birth admissible in a court of law which establishes the voter’s

identity (which may include a foreign birth document).

NOTE: If a voter has continued access to his or her acceptable form of photo ID, but, for

example, forgets to bring the acceptable form of photo ID to the polling place and/or left it, at

home or in the car, the voter still possesses the acceptable photo ID and must use it to vote.

Accordingly, if the voter states that he or she possesses an acceptable form of photo ID, but did

not bring it to the polling place, the election officer should explain that the voter may take one

of two actions:

a. The voter may leave the polling place and return with the acceptable form of photo ID before

the polls close on Election Day and vote a regular ballot at that time.

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b. The voter may cast a provisional ballot. To have the provisional ballot counted, the voter

must appear at the county voter registrar’s office within 6 calendar days of election day and

present an acceptable form of photo ID or complete a natural disaster affidavit because the

voter’s acceptable photo ID is inaccessible due to certain natural disasters. The presiding

judge will follow the procedure prescribed in Situation 7.

NOTE: If the voter states that he or she does not possess and cannot reasonably obtain an

acceptable form of photo ID, the election officer should not question the voter about his or her

circumstances. The election officer should simply state that if the voter does not possess and

cannot reasonably obtain an acceptable form of photo ID, he or she can show a supporting form

of ID and execute a Reasonable Impediment Declaration.

NOTE: The election officer may not question the reasonableness of the voter’s reasonable

impediment. For example, if the voter checks “lack of transportation” as the impediment, the

election officer may not challenge how the voter came to the polling site, or the voter’s access

to a bus route or other means of transportation. A signed reasonable impediment declaration

shall be rejected only upon conclusive evidence that the person completing the declaration is

not the person in whose name the ballot is cast.

NOTE: A voter who does not possess an acceptable form of photo ID includes a voter who does

not possess a valid form of acceptable photo identification. Accordingly, a voter with a lost,

stolen, suspended, or, if the voter is aged 18-69, expired more than four years, or, if the voter

is aged 70 or older, is not otherwise valid (for these voters acceptable photo IDs may be expired

for any length of time and still be used for voting so long as they are otherwise valid), form of

photo ID listed above does not possess one of the acceptable forms of photo ID, and the voter

could execute the Reasonable Impediment Declaration and present a supporting form of

identification if the voter cannot reasonably obtain a replacement of the identification that was

lost, stolen, suspended, revoked, expired or another form of acceptable form of photo ID.

The voter will be located in the precinct’s list of registered voters, and the name found on the

list of registered voters will match exactly to the name listed on the voter’s identification.

After verifying the voter’s identification, the voter is asked if the voter’s residence address on

the precinct list of registered voters is current and whether the voter has changed residence

within the county. [Sec. 63.0011] In this situation, the voter’s address will be current and the

voter will not have changed residence within the county.

NOTE: Some voters may not have their addresses on the list of registered voters due to their

participation in an address confidentiality program. Nevertheless, election judges should

continue to ask whether or not the voter has moved from the address at which the voter is

registered to vote. If the voter’s registration address is omitted due to participation in an

address confidentiality program, you must ask the voter if the residence address listed on the

voter’s supporting form of identification presented in connection with Reasonable Impediment

Declaration is current and whether the voter has changed residence within the county.

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At this point, the voter should be checked-in by following these steps:

1. Stamp “voted” or place some other notation next to the voter’s name on the list of registered

voters to indicate that the voter has been accepted for voting. [Sec. 63.001(e)]

2. In a primary election, stamp “voted” in the same manner on the second list of registered voters

that is to be given to the precinct chair for use at the precinct convention after the polls close,

unless, not later than the 90th day before the primary, the county chair notifies the county

clerk that the chair does not require a list. [Sec. 172.1141] Precinct conventions may be held

at a time and place determined by rules adopted by the state executive committee of a

political party.