Answering FAQs About Voting with a Felony in Texas

Answering FAQs About Voting with a Felony in Texas

Voting is one of our most fundamental rights as U.S. citizens. But if you have a felony conviction in Texas, you may be confused about whether you can still vote. I’m here to answer some frequently asked questions and clear up any confusion.

Can I vote if I have a felony conviction in Texas?

The short answer is maybe. Texas law prohibits people with felony convictions from voting while they are incarcerated and while they are on parole. However, once your entire sentence is complete, including any probation or supervision, your full voting rights are automatically restored .

What if I’m unsure if my sentence is complete?

If you’re unsure about the status of your sentence, the first thing to do is pull your criminal records. You can get copies of court documents about your conviction, sentence, and parole status from the county where you were convicted. These documents should clearly show if you are still serving part of your sentence. If you need help getting these records, contact the county clerk’s office.

You can also call your parole office or probation officer, if you have one, and ask them directly about the status of your sentence. They can look up your file and let you know if you are still under any type of criminal justice supervision.

How do I register to vote after my sentence is complete?

Registering to vote after a felony conviction is just like any other registration. You can register online at VoteTexas.gov or fill out a paper voter registration application. You can get paper applications at your local county elections office, post offices, libraries, or high schools.

When filling out the registration form, you’ll have to affirm that you have completed your entire felony sentence. As long as that’s true, you should have no problems getting registered. Your registration will be processed the same as anyone else’s.

What if I’m not sure my rights have been restored?

If you’re unsure whether your voting rights have been restored, it’s best to call your local county elections office and ask. Explain your specific conviction and sentence status. They can look at your records and definitively tell you if you are eligible to vote in Texas.

You can also try calling a voting rights hotline like one from the ACLU or League of Women Voters. They have experience with these situations and can help determine if your rights have been restored.

Do I need to provide documentation that my sentence is complete?

When you register to vote, you do not need to provide any documentation about your criminal record or sentence status. You simply need to affirm on the registration form that you have completed your entire sentence. The state will verify your eligibility.

In some cases, the county may follow up and request records to confirm you are eligible. But in most cases, no documentation is immediately required from you.

What if I’m confused about my specific conviction?

If you’re unsure about the details of your conviction, like whether it was a felony or misdemeanor, again the best option is to get copies of your court records. These will have the official details about the charges and conviction. You can also contact the county clerk’s office for help getting these records.

If it was a very old conviction and records are hard to find, calling a voting rights hotline may be your best bet. Explain the situation and any details you know. They can help determine if it was a felony and if so, whether your rights have been restored under Texas law.

Can I vote if I’m on probation or parole?

Unfortunately, if you are currently on probation or parole for a felony conviction, you are not eligible to vote in Texas. Your full voting rights are only restored once your entire sentence is complete, including any community supervision portion. So if you are still checking in with a probation or parole officer for your felony conviction, you cannot legally register or vote until that supervision period is over .

What if I voted on probation or parole without knowing?

Since the law prohibits voting on probation or parole, you could face additional legal penalties if you are caught having illegally voted. However, honest mistakes do happen. If you voted without realizing you were ineligible, consult with a criminal defense attorney immediately.

A lawyer may be able to negotiate with prosecutors and minimize penalties, especially if you self-report the accidental illegal vote. An attorney can also advise you on potential defenses, like not being properly informed of your ineligibility to vote at the time .

When do I need to update my voter registration information?

Anytime you move residences, you need to update your voter registration with your new address. You can do this easily online at VoteTexas.gov.

You should also update your registration if you change your name legally. This includes after getting married or divorced. Be sure your legal name is what’s on your voter registration.

And if you become ineligible to vote again after a new felony conviction, you must notify your county elections office to cancel your registration.

What ID do I need to vote?

Texas has strict voter ID laws. When you show up to vote in person, you will need to bring an acceptable photo ID. The most common options are:

• Texas Driver License
• Texas Election Identification Certificate (EIC)
• Texas Personal Identification Card
• Texas Handgun License
• U.S. Military ID with Photo
• U.S. Citizenship Certificate with Photo
• U.S. Passport

If you do not have one of these forms of ID, you can get an EIC for free by providing proof of citizenship and identity at DPS offices. You may also qualify for a reasonable impediment declaration to vote without an ID.