SECTION 81.172. Eligibility to Vote a Provisional Ballot at the Early Voting or the Election Day Polling Place

(a) At all elections, the following individuals shall be eligible to cast a provisional ballot.

(1) A voter who does not provide an acceptable form of identification described by §63.0101 of the Texas Election Code (the "Code"), regardless of whether the voter presents a valid voter registration certificate.

(2) A voter whose name on the acceptable form of identification is determined by the polling place official to not exactly match or be substantially similar to the name as it appears on the official list of registered voters.

(3) A voter whose identity cannot be verified by the identification presented by the voter, as determined by the polling place official per §63.001(d) of the Code.

(4) A voter who has received a disability exemption under §13.002(i) of the Code, but does not have or otherwise fails to present the voter's voter registration certificate indicating such exemption.

(5) Under §63.009 of the Code, a voter who claims to be properly registered and eligible to vote at the election precinct where the voter presents himself or herself to vote, but the voter's name does not appear on the precinct list of registered voters and the voter does not present a voter registration certificate indicating that the voter is currently registered (as described in §63.006 of the Code).

(6) A voter who has applied for a ballot by mail, but has not yet properly cancelled the mail ballot application.

(7) A voter who votes during the polling hours that are extended by a state or federal court as described in §63.011(e) of the Code.

(8) A voter who is registered to vote but attempting to vote in a precinct other than the one in which the voter is registered.

(9) A voter who is on the election precinct list of registered voters, but whose registered residence address is outside the political subdivision in which the voter is presenting himself or herself to vote.

(10) Other _________________(with an explanation).

(b) A voter is not required to vote provisionally and may vote a regular ballot if the voter's name does not appear on the precinct list of registered voters, but the voter presents an acceptable form of identification described by §63.0101 of the Code and, in accordance with §63.006 of the Code:

(1) presents a current registration certificate indicating the voter is registered in the precinct; or

(2) presents a current registration certificate indicating the voter is a resident of a precinct other than the one in which the voter is offering to vote and completes an affidavit stating the voter is:

(A) a resident of the precinct in which the voter is offering to vote or otherwise entitled by law to vote in the precinct;

(B) was a resident of the precinct in which the voter is offering to vote at the time the information on the voter's residence address was last offered to the voter registrar;

(C) did not deliberately provide false information to secure registration in a precinct in which the voter does not reside; and

(D) is voting only once in the election.

(c) A person voting by mail may not vote a provisional ballot.

Source Note: The provisions of this §81.172 adopted to be effective April 3, 2014, 39 TexReg 2264