The Law Offices of Abel A Dominguez

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Modified Voter ID Requirements (S.B.5)

Voter ID requirements for the state of Texas have received some attention over the past few years. As of January 1, 2018, S.B. 5 broadens what is acceptable in regards to an alternative form of voter identification, but voters who use an alternative form of ID will be asked to take an additional step at their polling place before casting their vote.

PHOTO IDENTIFICATION

Texas requires that voters provide one form of government issued photo identification at their polling site when voting. Acceptable forms of PHOTO IDENTIFICATION include the following:

-Driver’s license
-Military ID with photograph
-Citizenship certificate with photograph
-Passport
-CHL

You may use an expired driver’s license and/or military ID as long as the expiration date is not more than four years from the date you are presenting it to vote. If a voter is 70 years of age or older, the voter may use one of the above forms of identification even if the expiration date is past 4 years.

ALTERNATIVE IDENTIFICATION

But what if a voter does not have one of these forms of photo identification? The voter may provide alternative identification, but they must also fill out a form describing reasonable impediment to acquiring an above listed photo ID. Examples of ALTERNATIVE IDENTIFICATION include the following:

-Voter registration certificate
-Utility bill (with voter’s name & address)
-Bank statement (with voter’s name & address)
-A government check (with voter’s name & address)
-A certified copy of your birth certificate

In addition to one of these alternative forms of identification, the voter will be asked to provide a reason for not being able to provide a form of photo identification. The voter will be asked to indicate such impediment on a REASONABLE IMPEDIMENT DECLARATION provided by an election officer at the voter’s actual polling place. This form lists reasons such as:

-Lack of transportation
-Lack of birth certificate or other documents needed to obtain identification
-Work schedule
-Lost or stolen identification
-Disability or illness
-Family responsibilities
-Identification has been applied for, but not yet received

***If you DO NOT have one of these alternative forms of identification, you may still cast a PROVISIONAL BALLOT***

Election officers are prohibited from questioning the reasonableness of an above impediment indicated by the voter. If the voter’s address on their alternative form of identification does not match the address on the list of registered voters, the election officer can not refuse to accept this form of identification for this reason alone. Texas secretary of state is now required to establish a program using mobile units to provide election identification certificates. Such mobile unites will be subject to security standards and they may not request charging fees.  Read more about S.B. 5 at http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=85R&Bill=SB5