Can Felons Vote in Texas?

Texas law permits all its residents who are 18 years or older, U.S. citizens, and residents of the county where they’re registered in to vote. Texans who cannot vote include those convicted of a felony and those still serving a felony sentence, including parole or probation.

The Texas Election Code lists voter qualifications and prohibitions. Texas code bars convicted felons from voting until they complete all terms of their court-ordered sentence and have their civil rights restored.

If you’re on deferred adjudication or diversion or have not received a final felony conviction (if your case is on appeal), you can still vote. A conviction for a misdemeanor will not prevent you from voting. Any parole, probation, or supervised release after incarceration is considered part of your sentence, and you will not receive voting rights restoration until you’ve completed the full term.

Losing and Regaining Your Voting Rights in Texas

In Texas, you lose your voting rights after a criminal conviction for a felony. Those who are facing criminal charges can still register and vote if:

• They have been charged or indicted but have not been convicted
• They have been convicted of a misdemeanor
• They are on deferred adjudication or pretrial detention
• They have not lost their voting rights for any other reason, such as having been adjudicated mentally incompetent

When you receive a final felony sentence in Texas, your voting rights (and some other civil rights) are automatically suspended.

Components of a Criminal Sentence in Texas

A criminal sentence has three components. You’ll need to complete all of them before you can fully discharge your sentence and have your voting rights restored. Texas law describes this as “including any term of incarceration, parole, supervision, or period of probation ordered by any court.” Texas courts have also interpreted this to mean that you must repay all fines, fees, and restitution related to the conviction before you can receive a full discharge.

For example, an individual is convicted of a felony offense. They received a sentence of 10 years’ incarceration plus five years of community supervision. Fines and restitution totaled $15,500. They could not apply for restoration of voting rights until they completed all five years of community supervision and provided proof of payment for the full $15,500.

Let’s take a closer look at each of these required elements.

Steps One and Two

You must complete your full sentence to receive a complete discharge. That means checking in with your parole officer and following all their requirements, including completing all your classes and drug tests. If you’ve been released on probation, the same applies. If you have a two-year probation and must take anger management classes and complete your GED, then you must do that before you can request a discharge.

Step Three

This step has sometimes been called a “modern poll tax” by voting reform advocates. You must repay all court-ordered fines, even fines that are unrelated to the most recent offense. If you had parking tickets or fines from a long-ago DUI, you have to find them and pay them.

If fines did not get entered into the Secretary of State’s database, you may have paid off fines that did not get recorded. This becomes a problem when you attempt to re-register after completing your sentence.

Who Tracks Your Voting Rights

The Texas Secretary of State is the organization that determines voting eligibility rights in Texas. Every week, the Texas Department of Safety sends felony conviction data to the Secretary of State. That agency matches the data with the listed files for registered voters. If it finds a match, it notifies the county.

This database cross-checks all new voter registrations and re-registrations and flags anything that shows unpaid fines or other issues. If you have eligibility problems due to data errors, you may need legal assistance to correct them.

Restore Your Vote

When you complete your incarceration, parole, or probation, you should receive a Discharge Certificate from the Texas Department of Criminal Justice. Make sure to request it if it’s not provided. This is proof that you’ve completed all court-ordered incarceration, parole/probation, and other orders, such as courses and classes.

Before you try to re-register, verify your financial compliance. Do your best to locate all past due fines, fees, and unpaid restitution, even for cases unrelated to your most current incarceration. The Secretary of State’s office will find all of them, so you need to ensure you’ve paid everything.

To avoid a complicated slog through the Texas Department of Justice’s record system, consider contacting a civil rights or criminal defense attorney. They can perform a complete records search and determine if you have any outstanding fines or fees. They can also check whether you have any missed court dates or warrants that have slipped through the cracks. An attorney can help deal with any other issues that may pop up as well.

Once you’ve taken care of all money owed, you can re-register to vote. You can register at the Secretary of State’s website or in-person at your county voter registrar’s office. Voter registration forms are available at government offices, libraries, and other public locations. You may have received one as part of your reentry packet when leaving your facility.

Felon Voter Eligibility in States

In a landmark decision in Richardson v. Ramirez (1974), the Supreme Court held that it doesn’t violate the Fourteenth Amendment to keep felons from voting, even if they have served their sentences. Article I, Section 4, Clause I (the Elections Clause) prevents Congress from regulating state voting standards. This includes felony disenfranchisement in state elections.

State laws differ on felon voting rights. Vermont, Maine, and Washington, D.C., are the only states where felons never lose their voting rights, even while serving a prison sentence. Others, like Arizona, Tennessee, Mississippi, and Alabama, permanently bar some individuals from voting even after they have completed their sentences. For detailed information on how states restore the rights of felons, please refer to the summary compiled by the National Conference of State Legislatures.

When To Contact a Texas Civil Rights Attorney

If you had a relatively short term of incarceration or completed a sentence of probation and paid off all your court-ordered restitution, you might be able to re-register without legal assistance. If you have other concerns, you may want help from a Texas civil rights attorney or a criminal defense attorney.

There are many scenarios where having an attorney can make a huge difference. If your registration was denied and you think your sentence was fully discharged, a lawyer can help obtain a Certificate of Discharge and send a copy to the Secretary of State’s office.

Having debts spread across multiple counties (or more than one state) can be a nightmare to find and pay off. If planning to request an Order of Nondisclosure for some offenses, having a lawyer to assist you is essential. Nondisclosure (sealing) prevents some businesses and agencies from seeing your criminal record. Nondisclosures and expungements can help you mask your background when seeking jobs and housing. You will need an attorney’s assistance to complete this request.

A criminal record doesn’t automatically bar you from having a voice in the country’s political system. If you think there has been a violation of your voting rights, or you need help regaining your right to vote, consult a Texas civil rights attorney.