Am I eligible to register to vote?

In Texas, eligibility to vote is granted to Texans who are US citizens, residents of the county where registration is made, and at least 18 years old on the scheduled election date. Residents who have been convicted of a felony must have been –

• Fully discharged from their sentence, including any term of confinement, supervision, or parole, or completed probation; or

• Fully pardoned or released from the disability to vote.

Is my right to vote restored automatically upon becoming “fully discharged” or “off papers” from my sentence?

Yes, the right to vote is restored automatically upon becoming “fully discharged” or “off papers” from their sentence. Also, in order to be eligible to vote, a prospective voter must be considered mentally competent. If a person is considered an eligible voter, that person has the ability to register to vote through the same means as all other eligible voters in the state of Texas.

Should I assume I am still on the voting roll?

No, someone previously convicted of a felony was likely removed from the rolls and needs to have proactively re-registered even if they were registered prior to their conviction.

See Tex. Elec. Code § 16.003 (requiring Texas Department of Public Safety (“DPS”) send abstracts of felony convictions to Texas Secretary of State (“SOS”)); Ex. 5, Texas SOS Voter Registration Information (explaining that upon receipt of felony abstracts the Texas SOS compares names to statewide voter registration list and forwards any matches to the appropriate county registrar for investigation); Tex. Elec. Code § 16.033 (local county registrar may “investigate” individual’s eligibility for registration, and in doing so must mail notice to address on registration application; if no response is received within 30 days, or the response is inadequate, the registrar “shall cancel [the] voter’s registration”). The Texas Election Code actually mandates that the local registrar “shall cancel a voter’s registration immediately on receipt of . . . an abstract of a final judgment of the voter’s . . . conviction of a felony . . . under Section 16.003.” Tex. Elec. Code § 16.031(a)(3) (emphases added). The system of sending out notices and providing 30 days to respond, set out in the text, does not involve “immediate” cancellation. But section 16.003 only requires the Texas DPS send the Texas SOS the abstracts of conviction, so I suppose the process is in compliance with section 16.031(a)(3) if neither the Texas DPS nor the Texas SOS actually send the local registrar the abstracts.

When can I register to vote? 

A person who is convicted of a felony cannot register to vote until (s)he has been pardoned, or (s)he has successfully completed his or her sentence, including any period of:  

• Confinement;

• Parole;

• Term of Probation; or 

• Supervision.  

Can I vote when my conviction on appeal is in process?

Yes, individuals can still vote if a conviction on appeal is in process because it is not considered a conviction. Individuals on deferred adjudication may also vote as “Deferred adjudication” is not a final felony conviction, per Article 42.12, Section 5 of the Texas Code of Criminal Procedure.

Can I vote if I’m being prosecuted or if I have been indicted?

Yes, prosecution, indictment, and similar procedures which lead up to, but have not yet resulted in a felony conviction, are not considered finalized and therefore the individual can still vote. If that is the case, you have the ability to register to vote through the same means as all other eligible voters in the state of Texas.

Can I vote if I’m on deferred adjudication probation?

Yes, deferred adjudication is not considered a final felony conviction so you can vote. According to Code of Criminal Procedure Article 42A.101, deferred adjudication is not a final conviction. As a result, a person on felony deferred adjudication, who is otherwise eligible to vote, may vote in Texas.

What happens if I’m not eligible to vote or register to vote, but I did so anyway?

If you are not sure if you are eligible to vote, please take precautions to make sure that you are eligible. There are serious ramifications if you choose to register to vote or try to vote if you are ineligible. There are resources available to make sure you know your eligibility. 

If you have any questions about these issues, please do not hesitate to contact the Texas Secretary of State’s Elections Division at 1-800-252-2216 or call the Election Protection Coalition at 866-OUR-VOTE (866-687-8683).

**Please be careful of this if you have a prior felony conviction.**

The penalty for illegally voting in an election when you know you aren’t eligible has now increased from a Class A misdemeanor (punishable by up to a year in prison) to a second-degree felony (punishable by two to 20 years in prison).

What if I am not sure if I am eligible to vote?

If you are not sure if you are eligible to vote, please take precautions to make sure that you are eligible. There are serious ramifications if you choose to register to vote or try to vote if you are ineligible. There are resources available to make sure you know your eligibility. 

If you have any questions about these issues, please do not hesitate to contact the Texas Secretary of State’s Elections Division at 1-800-252-2216 or call the Election Protection Coalition at 866-OUR-VOTE (866-687-8683).