Election Code §63.001 et seq.
NOTE: TX’s new photo ID law takes effect after preclearance by the USDOJ. Pre-clearance was denied on March 13, 2012, and the state is expected to apply for reconsideration from the Federal District Court of Washington, D.C.
Texas Voter ID Requirement
Existing Texas Voter ID Law:
On offering to vote, a voter must present the voter’s voter registration certificate to an election officer at the polling place.
New Texas Voter ID Law:
On offering to vote, a voter must present to an election officer at the polling place one form of identification.
Acceptable Forms of Texas Voter ID
Existing Texas Voter ID Law:
- Voter registration certificate
- Driver’s license
- Department of Public Safety ID card
- A form of ID containing the person’s photo that establishes the person’s identity
- A birth certificate or other document confirming birth that is admissible in a court of law and establishes the person’s identity
- U.S. citizenship papers
- A U.S. passport
- Official mail addressed to the person, by name, from a governmental entity
- A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the person’s name and address
- Any other form of ID prescribed by the secretary of state
New Texas Voter ID Law:
- Driver’s license
- Election identification certificate
- Dept. of Public Safety personal ID card
- U.S. military ID
- U.S. citizenship certificate
- U.S. passport
- License to carry a concealed handgun issued by the Dept. of Public Safety
All of the above must include a photo of the voter. With the exception of the certificate of citizenship, these forms of ID cannot be expired, or cannot have expired more than 60 days before the election.
Texas Voters without Voter ID
Existing Texas Voter ID Law:
A voter who does not present a voter registration certificate when offering to vote, but whose name is on the list of registered voters for the precinct in which the voter is offering to vote, shall be accepted for voting if the voter executes an affidavit stating that the voter does not have the voter’s voter registration certificate in the voter’s possession and the voter presents other proof of identification. A voter who does not present a voter registration certificate and cannot present other identification may vote a provisional ballot. A voter who does not present a voter registration certificate and whose name is not on the list of registered voters may vote a provisional ballot.
New Texas Voter ID Law:
A voter who fails to present the required identification may cast a provisional ballot. The voter must present, not later than the sixth day after the date of the election, the required form of identification to the voter registrar for examination OR the voter may execute, in the presence of the voter registrar, an affidavit under penalty of perjury stating that the voter has a religious objection to being photographed or that the voter does not have identification as a result of a natural disaster declared by the president or the governor which occurred not earlier than 45 days before the date the ballot was cast.