SECTION 81.175. Voter Registrar Review of Provisional Ballot Affidavit Envelopes

(a) Deadline to Complete Review.

(1) Except as provided in paragraph (2) of this subsection, the voter registrar shall complete the review of the Provisional Ballot Affidavit Envelopes no later than the sixth calendar day after election day.

(2) For an election held on the date of the general election for state and county officers, the voter registrar shall complete the review of the Provisional Ballot Affidavit Envelopes no later than the seventh calendar day after election day.

(b) Post-Election Submission of Identification to Voter Registrar under §65.0541 of the Code.

(1) A voter who cast a provisional ballot due to the voter's failure to present an acceptable form of identification at the polling place may correct the problem by:

(A) presenting an acceptable form of identification as set forth in §63.0101 of the Code to the voter registrar;

(B) applying for and receiving a disability exemption under §13.002(i) of the Code; or

(C) completing one of the affidavits set out in §65.054(b)(2)(B) (religious objection) or

(C) (natural disaster) of the Code in the presence of the registrar not later than the sixth day after the date of the election.

(2) If the sixth day falls on a Saturday, Sunday, or legal state or national holiday, the deadline is extended to the next business day in accordance with §1.006 of the Code.

(3) At a minimum, the voter registrar's office shall remain open and available for provisional voters to present an acceptable form of identification described by §63.0101 of the Code to the registrar or apply for an exemption under this rule during regular business hours on regular business days.

(4) After the provisional voter submits an acceptable form of identification described by §63.0101 of the Code, applies for the disability exemption under §13.002(i) of the Code, or completes one of the affidavits set out in §65.054(b)(2)(B) (religious objection) or (C) (natural disaster) of the Code in the presence of the voter registrar, the voter registrar shall review the form of identification or exemption request and follow the applicable procedure.

(A) For voters presenting one of the acceptable forms of identification described by §63.0101 of the Code, the photo identification must meet the same standards as required on election day. Therefore, the voter registrar must:

(i) Review the photo identification's expiration date (if applicable), and ensure that it is valid and has not expired earlier than 60 days before the date of presentation;

(ii) Determine if the provisional voter's name, as listed on the acceptable form of identification, is identical to or substantially similar to the provisional voter's name as it appears on the official list of registered voters; and

(iii) Verify the voter's identity through the acceptable identification provided.

(B) The disability exemption form prescribed by the Secretary of State must be completed and signed by the provisional voter and must be accompanied by written documentation from the United States Social Security Administration evidencing that the provisional voter has been determined to have a disability, or from the United States Department of Veterans Affairs evidencing that the provisional voter has at least a 50 percent disability rating. The documentation must be maintained by the voter registrar with other records pertaining to the provisional voter's voter registration.

(C) A request for a temporary exemption under §65.054(b)(2)(B) (religious objection) or (C) (natural disaster) of the Code need not be accompanied by any supporting documentation other than the affidavit, and the voter registrar will rely on the sworn statement of the provisional voter on the affidavit to support the truth of the statements therein.

(5) The voter registrar will enter the provisional voter's information on the Provisional Voters Appearing to Voter Registrar During Cure Period form.

(6) The provisional voter will sign the Provisional Voters Appearing to Voter Registrar During Cure Period form.

(7) If the voter's name on the acceptable form of identification does not exactly match, but is substantially similar to the name as it appears on the official list of registered voters, the voter must complete the similar name affidavit located on the Provisional Voters Appearing to Voter Registrar During Cure Period form.

(8) If the voter registrar has possession of the Provisional Ballot Affidavit Envelopes, the voter registrar shall mark the voter's Provisional Ballot Affidavit Envelope to reflect that the voter:

(A) presented an acceptable form of identification; or

(B) applied for and received the disability exemption under §13.002(i) of the Code, with documentation evidencing receipt of the exemption; or

(C) completed one of the affidavits set out in §65.054(b)(2)(B) (religious objection) or (C) (natural disaster) of the Code in the presence of the voter registrar; or

(D) failed to satisfy the identification or affidavit requirements.

(9) If the provisional voter submitted an application for the disability exemption, the voter registrar shall attach the completed application to the provisional voter's original voter registration application and issue the voter a new certificate containing the indication required under §15.001(c) of the Code.

(10) If the provisional voter submitted an application for one of the temporary exemptions under §65.054(b)(2)(B) (religious objection) or (C) (natural disaster) of the Code, the voter registrar will attach the temporary exemption affidavit to the voter's Provisional Ballot Affidavit Envelope.

(11) Poll watchers are not entitled to be present during the voter registrar's review.

(c) Review of Provisional Ballot Affidavit Envelopes by Voter Registrar.

(1) The voter registrar shall review information from the following sources to attempt to determine a provisional voter's registration status:

(A) The voter registrar's own county voter registration files and records;

(B) The Department of Public Safety;

(C) Volunteer Deputy Registrars; and

(D) Other records that may establish the provisional voter's eligibility.

(2) The voter registrar must examine each Provisional Ballot Affidavit Envelope, determine the provisional voter's registration status from the sources described in paragraph (1)(A) - (D) of this subsection, and mark the appropriate status on the Provisional Ballot Affidavit Envelope.

(3) For provisional voters who did not present an acceptable form of identification at the polling place, the voter registrar must mark one of the following on the Provisional Ballot Affidavit Envelope.

(A) Voter presented acceptable form of identification described by §63.0101 of the Code within six days of election day.

(B) Voter met disability exemption within six days of election day.

(C) Voter executed religious objection affidavit within six days of election day.

(D) Voter executed natural disaster affidavit within six days of election day.

(E) Voter did not satisfy identification or affidavit requirements, listed in subparagraphs (A) - (D) of this paragraph, within six days of election day.

(4) For provisional voters who voted provisionally for other reasons, the voter registrar must mark one of the following on the Provisional Ballot Affidavit Envelope.

(A) Not a registered voter or registration not effective in time for this election.

(B) Registered to vote, erroneously listed in wrong precinct.

(C) Registered to vote in a different precinct within the county.

(D) Information on file indicating applicant completed a voter registration application, but it was never received in the voter registrar's office.

(E) Voter erroneously removed from the list.

(F) Voter is not registered to vote in ____________ political subdivision.

(G) Other _________________ (Please explain).

(5) The voter registrar shall sign and date each Provisional Ballot Affidavit Envelope after the registrar completes the review.

(6) The voter registrar shall copy the Provisional Ballot Affidavit Envelope of each provisional voter who was not registered to vote, who was registered but whose information contained updated voter registration information, who was erroneously cancelled, who was listed in the wrong precinct, or for any other reason the voter registrar deems necessary.

(7) For purposes of voter registration, the copied Provisional Ballot Affidavit Envelope serves as an original voter registration application or change form; the effective date will be calculated as 30 days from the election date for the election for which the Provisional Ballot Affidavit Envelope was submitted.

(8) If the residence address provided on the Provisional Ballot Affidavit Envelope falls outside the voter registrar's jurisdiction, the voter registrar shall forward a copy of the Provisional Ballot Affidavit Envelope to the appropriate voter registrar. The effective date of the transferred copy shall be calculated as 30 days from the election date for the election for which the Provisional Ballot Affidavit Envelope was originally submitted. The original Provisional Ballot Affidavit Envelope shall be transferred by the general custodian of election records to the appropriate voter registrar after the preservation period upon the voter registrar's request.

(9) Poll watchers are not entitled to be present during the voter registrar's review.

(d) Return of Provisional Ballot Affidavit Envelopes by the Voter Registrar.

(1) The voter registrar shall replace the Provisional Ballot Affidavit Envelopes in a closed and sealed transfer case provided by the general custodian of election records along with copies of the List of Provisional Voters and the copy of the Summary of Provisional Ballots. The container must be closed and sealed. The serial number of the seal shall be recorded on the Verification of Provisional Ballots and Serial Number form.

(2) The general custodian of the election records or the Early Voting Ballot Board presiding judge shall pick up the closed and sealed transfer cases and all other materials at the time, date, and location designated by the voter registrar. The voter register may designate more than one time and date for delivery and there may be multiple deliveries.

(3) The voter registrar's final designated time of delivery may in no event be later than the time the Early Voting Ballot Board convenes on the seventh day after election day to count provisional ballots in accordance with §65.051(a) of the Code.

(4) The voter registrar shall sign the Verification of Provisional Ballots and Serial Numbers form verifying the transfer, and the presiding judge of the Early Voting Ballot Board or general custodian of election records shall sign indicating receipt of the Provisional Ballot Affidavit Envelopes and that the container(s) were properly closed and sealed.

Source Note: The provisions of this §81.175 adopted to be effective April 3, 2014, 39 TexReg 2264