Election Code § 63.001

Sec. 63.001. REGULAR PROCEDURE FOR ACCEPTING VOTER. (a) Except as otherwise provided by this code, acceptance of voters shall be conducted as provided by this section and Section 63.0011. (b) Except as provided by Subsection (h), on offering to vote, a voter must present to an election officer at the polling place: (1) one form of photo identification listed in Section 63.0101(a); or (2) one form of identification listed in Section 63.0101(b) accompanied by the declaration described by Subsection (i). (c) On presentation of the documentation required under Subsection (b), an election officer shall determine whether the voter's name on the documentation is on the list of registered voters for the precinct. If in making a determination under this subsection the election officer determines under standards adopted by the secretary of state that the voter's name on the documentation is substantially similar to but does not match exactly with the name on the list, the voter shall be accepted for voting under Subsection (d) if the voter submits an affidavit stating that the voter is the person on the list of registered voters. (c-1) An election officer may not refuse to accept documentation presented to meet the requirements of Subsection (b) solely because the address on the documentation does not match the address on the list of registered voters. (d) If, as determined under Subsection (c), the voter's name is on the precinct list of registered voters and the voter's identity can be verified from the documentation presented under Subsection (b), the voter shall be accepted for voting. An election officer may not question the reasonableness of an impediment sworn to by a voter in a declaration described by Subsection (i). (e) On accepting a voter, an election officer shall indicate beside the voter's name on the list of registered voters that the voter is accepted for voting. If the voter executes a declaration of reasonable impediment to meet the requirement for identification under Subsection (b), the election officer must affix the voter's voter registration number to the declaration either in numeric or bar code form. (f) After determining whether to accept a voter, an election officer shall return the voter's documentation to the voter. (g) If the requirements for identification prescribed by Subsection (b) are not met, the voter may be accepted for provisional voting only under Section 63.011. For a voter who is not accepted for voting under this section, an election officer shall: (1) inform the voter of the voter's right to cast a provisional ballot under Section 63.011; and (2) provide the voter with written information, in a form prescribed by the secretary of state, that: (A) lists the requirements for identification; (B) states the procedure for presenting identification under Section 65.0541; (C) includes a map showing the location where identification must be presented; and (D) includes notice that if all procedures are followed and the voter is found to be eligible to vote and is voting in the correct precinct, the voter's provisional ballot will be accepted. (h) The requirements for identification prescribed by Subsection (b) do not apply to a voter who is disabled and presents the voter's voter registration certificate containing the indication described by Section 15.001(c) on offering to vote. (i) If the requirement for identification prescribed by Subsection (b)(1) is not met, an election officer shall notify the voter that the voter may be accepted for voting if the voter meets the requirement for identification prescribed by Subsection (b)(2) and executes a declaration declaring the voter has a reasonable impediment to meeting the requirement for identification prescribed by Subsection (b)(1). A person is subject to prosecution for perjury under Chapter 37, Penal Code, or Section 63.0013 for a false statement or false information on the declaration. The secretary of state shall prescribe the form of the declaration. The form shall include: (1) a notice that a person is subject to prosecution for perjury under Chapter 37, Penal Code, or Section 63.0013 for a false statement or false information on the declaration; (2) a statement that the voter swears or affirms that the information contained in the declaration is true, that the person described in the declaration is the same person appearing at the polling place to sign the declaration, and that the voter faces a reasonable impediment to procuring the identification prescribed by Subsection (b)(1); (3) a place for the voter to indicate one of the following impediments: (A) lack of transportation; (B) lack of birth certificate or other documents needed to obtain the identification prescribed by Subsection (b)(1); (C) work schedule; (D) lost or stolen identification; (E) disability or illness; (F) family responsibilities; and (G) the identification prescribed by Subsection (b)(1) has been applied for but not received; (4) a place for the voter to sign and date the declaration; (5) a place for the election judge to sign and date the declaration; (6) a place to note the polling place at which the declaration is signed; and (7) a place for the election judge to note which form of identification prescribed by Subsection (b)(2) the voter presented. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1995, 74th Leg., ch. 797, Sec. 38, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 864, Sec. 54, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 9, eff. January 1, 2012. Acts 2017, 85th Leg., R.S., Ch. 410 (S.B. 5), Sec. 2, eff. January 1, 2018.