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Election Advisory No. 2020-28

To: County Elections Officers (County Clerks/Elections Administrators/Tax Assessors-Collectors)
From: Keith Ingram, Director of Elections
 Keith Ingram's signature
Date: September 7, 2020
RE: Registering a Voter who is Part of a Confidentiality Program

Background

The purpose of this advisory is to explain the different types of voter registration confidentiality programs that are available to certain voters and provide answers to frequently asked questions.

Public Information and Confidentiality

For specific information on public information requests as it relates to the various confidentiality programs described in this advisory, please refer to our Elections Public Information Law Outline and consult with your county public information officer.

Information that is confidential for all voters:

A voter’s social security number, Texas driver’s license number, number of a personal identification card issued by the Department of Public Safety, an indication that an applicant is interested in working as an election judge, and voter source code are confidential under state and federal law. (Section 13.004, Election Code and the National Voter Registration Act (PDF)). However, election worker interest may be shared with local party chairs. (Section 13.004(c-1), Election Code)

The voter registrar may not transcribe, copy, or otherwise record a telephone number furnished on a registration application, but may transcribe, copy, or otherwise record a social security number furnished on a registration application only in maintaining the accuracy of registration records. (Section 13.004(a) and (b), Election Code)

Information that cannot be posted on a website:

The voter registrar or other county official who has access to the information furnished on a registration application may not post a telephone number, a social security number, a driver’s license number or number of a personal identification card, or date of birth of a voter on a website. (Section 13.004(d), Election Code)

Information that can be suppressed from the county’s website:

In addition, all voters can request that their information be suppressed from the county’s website. While a voter’s information will still remain subject to disclosure under the Public Information Act, that information will not be posted on the county’s website. Voters should contact their local county voter registrar if they are interested in web suppression of voter information.

Dates of birth

Date of birth is confidential for all voters, unless the request is for a list of voters with voter information under Chapter 18 of the Election Code. Paxton v. City of Dallas, 2015 WL 3394061 (Tex. App.—Austin May 22, 2015, pet. denied) (mem. op.). Section 18.005, Election Code provides that date of birth must be contained on the original and supplemental list of registered voters. Therefore, when providing a list of voters pursuant to Chapter 18, date of birth may be released.

For example, if a person requests an individual’s voter registration information, the voter’s date of birth would be confidential. However, if a person asked for a list of all registered voters, then the date of birth for all registered voters would not be redacted.

Different Types of Confidentiality Programs

  1. Alternate Address Program through the Department of Public Safety (DPS) The Alternate Address Program allows qualifying individuals to use an alternate address on their driver’s license or ID card in lieu of their actual residential address. These voters are allowed under law to designate their work (business) address, instead of their residence address, on their voter registration certificate if they choose. If an applicant chooses to apply for this type of confidentiality, they must understand that they will be eligible to vote only in the precinct where the alternate address is located, which is often not in the same precinct as the applicant’s residential address.

    Who is eligible? What information is made confidential once someone successfully applies under the Alternate Address Program?
    • The applicant’s residence address. The applicant’s voter registration information will be subject to public information, but because the residence address on the voter registration application is the applicant’s place of work instead of their actual residence address, the actual residence address cannot be disclosed in response to public information requests.

    How does a qualifying person apply for confidentiality under the Alternate Address Program?
    • By appearing in-person at a DPS office to show proof of employment or spouse’s employment.
    • If a person is a judge or the spouse of a judge, they may complete a form that is provided through the Office of Court Administration (OCA) ahead of time so DPS has verification from OCA that the person is a judge. If the person indicates at the time the application is made for the Alternate Address Program with DPS that they would like to register to vote, then the alternate, business address is provided in lieu of the individual’s residence address on the voter registration application that the registrar receives from DPS. For more information on how to qualify and apply to this program, contact DPS at DPS Alternate Address Program.

    What happens to an applicant’s voter registration once they successfully apply to the Alternate Address Program?
    • The applicant’s registration will be updated to allow that voter to vote at their business address instead of their residence address.
    • For county voter registrars: Do not send a notice of confirmation or treat these voters as though they are registered at a business address. However, you may send a notice of how this program may affect their voting status.

    How can a confidential voter rescind this type of confidentiality request?
    • Judges and their spouses who submitted a form through OCA can submit a written request to rescind confidentiality. Others who updated their driver’s license through DPS can simply update their voter registration information to change their address to their residential address.

  2. Confidentiality for Peace Officers and Other Government Personnel (Section 552.1175, Government Code).  This program allows qualifying individuals, as defined by Section 552.1175 of the Government Code, to have their voter registration information suppressed. These voters will be registered to vote at their residence address, but that information will be withheld from public disclosure.

    Who is eligible?
    • Peace officers (as defined by Article 2.12, Code of Criminal Procedure) and the spouse of a peace officer;
    • County jailers (as defined by Sec. 1701.001, Occupations Code);
    • Current or former employees of the Texas Department of Criminal Justice (or of the predecessor in function of the department or any division of the department);
    • Commissioned security officers (as defined by Sec. 1702.002, Occupations Code);
    • A current or former District Attorney (DA), Criminal DA, or County or Municipal Attorney whose jurisdiction includes any criminal law or child protective services matters;
    • A current or former employee of a DA, Criminal DA, or County or Municipal Attorney whose jurisdiction includes any criminal law or child protective services matters;
    • An officer/employee of a community supervision and corrections department established under Chapter 76 who performs a duty described by Sec. 76.004(b), Government Code;
    • Criminal investigators of the U.S., as described by Article 2.122(a), Code of Criminal Procedure;
    • Police officers and inspectors of the United States Federal Protective Service;
    • Current and former employees of the office of the attorney general who are or were assigned to a division of that office the duties of which involve law enforcement;
    • A current or former juvenile probation and detention officer certified by the Texas Juvenile Justice Department, or the predecessors in function of the department, under Title 12, Human Resources Code;
    • Current or former employees of a juvenile justice program or facility, as defined by Sec. 261.405, Family Code;
    • Current or former employees of the Texas Juvenile Justice Department or the predecessors in function of the department;
    • Current or former employees of the Texas Civil Commitment Office or of the predecessor in function of the office or a division of the office;
    • Current or former Child Protective Services (CPS) caseworkers, adult protective services caseworkers, or investigators for the Department of Family and Protective Services (DFPS) or a current or former employee of a DFPS contractor performing CPS caseworker, adult protective services, or investigative function for the contractor on behalf of DFPS;
    • State officers elected statewide or a member of the legislature;
    • A firefighter, volunteer firefighter, or emergency medical services personnel;
    • Current or former member of the U.S. Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary service of one of those branches, or the Texas military forces;
    • Special investigators, as defined by Article 2.122, Code of Criminal Procedure;
    • Officers commissioned by the board of hospital managers of the Lubbock County Hospital District; or
    • Federal judges, state judges (as defined by Sec. 1.005, Election Code) and spouses of federal or state judges. NOTE: As a federal judge, state judge, or spouse of a judge, you may also complete form BW9-2.

    How does a qualifying person apply for confidentiality under Section 552.1175? What information is made confidential once someone successfully applies under Section 552.1175, Government Code?
    • The applicant’s residence address, telephone number, emergency contact information, date of birth, social security number, or information that reveals whether the applicant has family members, in addition to all other information made confidential for voters: Texas driver’s license number, number of a personal identification card issued by the Department of Public Safety, and an indication that an applicant is interested in working as an election judge.

    What happens to the applicant’s voter registration after they successfully apply for confidentiality?
    • The applicant’s residence address, social security number, telephone number, emergency contact information, date of birth, and information on whether the applicant has family members will be confidential as a matter of law, not visible to poll workers on election day, and not releasable under a Public Information Act request.
    • The voter’s name will appear on public records with an asterisk (***) in place of their address.
    • Under Section 552.1175(h), Government Code, upon receipt of a request for public information that includes redacted confidential information, the county voter registrar must provide the following to the requestor:
    How can a confidential voter rescind this type of confidentiality request?
    • Submitting, in writing, a request to rescind the confidentiality to the county voter registrar’s office.

  3. Judicial Confidentiality Affidavit (Section 13.004(c)(5), Election Code)

    Judges may apply for confidentiality through the Alternate Address Program, or under Section 552.1175, Government Code, or through the Judicial Confidentiality Affidavit under Section 13.004(c), Election Code.

    Who is eligible?
    • Active, retired, or former federal judges;
    • Active, retired, or former state judges;
    • Active, retired, or former associate judges under Chapter 201, Government Code;
    • Current magistrates or associate judges appointed under Chapter 54 or 54A, Government Code;
    • Current justices of the peace;
    • Current municipal court judges; or
    • Spouses of judges listed above.

    How does a qualifying person apply for confidentiality under Section 13.004(c)(5)?
    What information is made confidential once a judge submits the affidavit?
    • The applicant’s residence address, in addition to other information confidential for all voters, including social security number, Texas driver’s license number, a number of a personal identification card issued by the Department of Public Safety, telephone number, and an indication that an applicant is interested in working as an election judge.

    How does this form affect a judge’s current voter registration?
    • This form can be accompanied with an initial voter registration application and be made confidential at the point the voter registration becomes active, or it can be submitted and will change current, active voter registration to become confidential.

    How can a confidential voter rescind this type of confidentiality request?
    • Submitting, in writing, a request to rescind the confidentiality to the county voter registrar’s office.

  4. Confidentiality for Victims of Certain Crimes (Sec. 13.004(c)(6)-(8), Election Code)

    Who is eligible?
    • A voter applicant, applicant’s child, or another person in the applicant’s household who is a victim of family violence as defined by Section 71.004, Family Code;
    • A voter applicant, applicant’s child, or another person in the applicant’s household who is a victim of sexual assault or abuse, stalking, or trafficking of persons; or
    • A participant in the address confidentiality program administered by the attorney general under Subchapter C, Chapter 56, Code of Criminal Procedure.
      • A participant in the Attorney General Address Confidentiality Program will use this type of confidentiality to make any cancelled voter registration information confidential.

    How does a qualifying person apply for confidentiality under Section 13.004?
    What information is made confidential once someone successfully applies under Section 13.004?
    •  The applicant’s residence address, in addition to other information confidential for all voters, including social security number, Texas driver’s license number, a number of a personal identification card issued by the Department of Public Safety, telephone number, and an indication that an applicant is interested in working as an election judge.

    What happens to the applicant’s voter registration after they successfully apply for confidentiality?
    • The applicant’s residence address, social security number, Texas driver’s license number or personal identification card issued by the Department of Public Safety, and an applicant’s indication that an applicant is interested in working as an election judge will be confidential as a matter of law, not visible to poll workers on election day, and not releasable under a Public Information Act request.
    • The voter’s name will appear on public records with an asterisk (***) in place of their address.

    How can a confidential voter rescind this type confidentiality request?
    • Submitting, in writing, a request to rescind the confidentiality to the county voter registrar’s office.

  5. The Attorney General Address Confidentiality Program
    The Attorney General Address Confidentiality Program provides a substitute post office box address and mail forwarding service for certain victims of family violence, sexual assault, human trafficking, or stalking. All mail goes through this substitute post office box to ensure confidentiality to participants in this program.

    Who is eligible?
    How does a qualifying person apply for confidentiality under the Attorney General Address Confidentiality Program?
    • The person must complete an application and can do so by meeting with a victim’s assistance counselor from a state or local agency or other organization that provides shelter or legal services to eligible victims, or by completing an application on their own. An applicant must provide a copy of a protective order or temporary injunction in place, or documentation of family violence, sexual assault or stalking. For more information on how to qualify under this program, please contact the Attorney General’s Office at 888-832-2322.
    • More information on this program can be found here on the Attorney General’s website: Attorney General Address Confidentiality Program

    What is the process for voting under this program?
    • Voters who have been qualified through the Attorney General’s Office and already have their assigned P.O. Box may proceed with submitting their confidential voter registration early voting ballot application.
    • At any time during the year or at least by the close of regular business in the clerk’s office or 12 noon, whichever is later, on the 11th day before election day in any given election, an applicant must appear in person at the early voting clerk’s office and complete and sign a Confidential Voter Registration Form and Early Voting Ballot Application (PDF). (Section 84.007(c), Election Code) This is an application for a confidential ballot by mail to be sent to the applicant’s Attorney General P.O. Box. This application also acts as a form of voter registration, though their information is never entered into the voter registration system while the applicant is in the Attorney General Address Confidentiality Program. (Section 81.38(b)(1), Title 1, Texas Administrative Code)
      • The Confidential Voter Registration Form and Early Voting Ballot Application constitutes the voter’s application to register to vote for so long as the applicant remains in the program, or until such time as the voter’s application remains valid. A voter in this program shall not be permitted to vote by personal appearance either during early voting or election day in any election for so long as the voter’s application for ballot by mail remains valid. (Section 81.38(d), Title 1, Texas Administrative Code)
      • Upon acceptance of the Confidential Voter Registration Form and Early Voting Ballot Application, the early voting clerk shall list the applicant’s name on the Confidential Roster of Protected Applicants, the date the ballot was mailed out, and the date the voted ballot was received by the early voting clerk. A protected applicant to whom a ballot is provided is not included on the regular early voting roster. Information contained on the Confidential Roster of Protected Applicants (PDF) is not subject to public disclosure under the Public Information Act. (Section 81.38(g)-(h), Title 1, Texas Administrative Code)
    • The applicant must then point to a specific area on an official map of the political subdivision if able to do so, or may orally describe the location in sufficient detail to permit identification of the political subdivisions in which the protected applicant resides. The applicant must swear or affirm to the early voting clerk that the protected applicant’s place of residence as defined in Section 1.015 of the Election Code is located within that specifically identified location. (Section 81.38(b)(2), Title 1, Texas Administrative Code)
    • Upon the applicant’s indication or description of the geographic location of the voter’s residence, the early voting clerk must record the jurisdictional codes for every political subdivision in which the protected applicant resides on the protected applicant’s confidential early voting ballot application. The early voting clerk may not transcribe, copy, or otherwise record any information on the applicant’s Confidential Voter Registration Form and Early Voting Ballot Application (PDF). (Section 81.38(b)(3) and (b)(4)(B), Title 1, Texas Administrative Code)
    • NOTE: The early voting clerk is responsible for providing ballots to the protected applicant for any election conducted by the county. In order to receive a ballot for an election conducted by a local political subdivision other than a county, the protected applicant must appear in person at the office of the local political subdivision’s early voting clerk and submit a Confidential Voter Registration Form and Early Voting Ballot Application. (Section 81.38(e), Title 1, Texas Administrative Code)

    What information is made confidential for someone who is part of the Attorney General Address Confidentiality Program?
    • The voter is not registered to vote using the county’s voter registration system, and no information for that voter will appear on any form but the Confidential Voter Registration Form and Early Voting Ballot Application, which is confidential.
    • The early voting clerk retains all information in the Confidential Voter Registration Form and Early Voting Ballot Application. However, that form does not contain the actual residential address of the applicant, and the form itself is not public information and is confidential as a matter of law. (Section 81.38(h), Title 1, Texas Administrative Code)
    • Please note that any prior voter registration information in a cancelled voter registration will remain on record at the county voter registrar’s office for two years. We recommend that the voter complete and submit a 13.004 Request for Voter Registration Residential Address Confidentiality (PDF) to the county voter registrar of any county in which the voter has been registered in the past two years in order for information on the cancelled voter registration to remain confidential.

    What happens to an applicant’s voter registration once they successfully enter the Attorney General Address Confidentiality Program?
    • If a voter still has a previous active voter registration, the early voting clerk should inform the voter that they should cancel their previous registration for their county and any other county where they may be currently registered. We recommend that the voter cancel, in writing, their previous voter registration with the county, if applicable, once becoming part of the program. This program functions differently than other forms of confidentiality in that a person in this program should not ever have their address or other voter information on file with the voter registrar in any way.
    • Any cancelled voter registration may still be considered public information for two years following the cancellation. We recommend that the early voting clerk provide a 13.004 Request for Voter Registration Residential Address Confidentiality (PDF) to a voter under this program when they cancel their previous registration, because this form will serve to make confidential any information in their cancelled voter registration. If a public information request is submitted for cancelled voters, these voter addresses would be suppressed under Section 13.004, but their names would appear on the list of canceled voters. The early voting clerk should then notify the Secretary of State’s Office at elections@sos.texas.gov that the voter’s cancelled registration is confidential under Section 13.004, Election Code.

    How can a confidential voter rescind this type of confidentiality request?
    • We recommend that the voter discuss this with the Office of the Attorney General at 888-832-2322 and register to vote when ready and out of the program.

    Instructions to the early voting clerk in mailing out and processing ballots under this program (Section 81.38(i)-(j), Title 1, Texas Administrative Code):
    • Upon acceptance of the Confidential Voter Registration Form and Early Voting Ballot Application, the early voting clerk shall list the applicant’s name on the Confidential Roster of Protected Applicants, the date the ballot was mailed out, and the date the voted ballot was received by the early voting clerk. A protected applicant to whom a ballot is provided is not included on the regular early voting roster. Information contained on the Confidential Roster of Protected Applicants is not subject to disclosure under the Public Information Act. (Section 81.38(g)-(h), Title 1, Texas Administrative Code)
    • The early voting clerk will check with the applicant to determine whether the applicant has cancelled their previous voter registration and will provide the voter with a 13.004 Request for Voter Registration Residential Address Confidentiality in order to make confidential the information in the cancelled registration. The early voting clerk will then notify the Secretary of State’s Office at elections@sos.texas.gov that the voter’s cancelled registration is confidential under Section 13.004, Election Code.
    • On the later of 45 days before any election conducted in the protected applicant’s territory or as soon as ballots are available and ready to be mailed to any by-mail voter, overseas citizen, or military voters, the early voting clerk shall mail a ballot for that election to the protected applicant at the substitute P.O. Box provided on the Confidential Voter Registration Form and Early Voting Ballot Application (PDF).
    • When the carrier envelope containing the ballot from a protected applicant is received, the early voting clerk shall make a note on the Confidential Roster of Protected Applicants showing the date of receipt. The results shall be processed in accordance with the procedures applicable to processing early voting ballots voted by mail, except that the signature comparison on the confidential ballot application and the carrier envelope shall be conducted by the early voting clerk. (Section 81.38(i), Title 1, Texas Administrative Code)
    • The early voting clerk shall record on the Confidential Roster of Protected Applicants all ballots accepted for counting after the signature review is completed. The early voting clerk will compare the signatures, not the early voting ballot board. If the signature on the carrier envelope and signature on the confidential application are determined to have not been made by the same person, the clerk shall treat the ballot as not timely returned in accordance with Section 86.011, Election Code and indicate this reason on the confidential roster. (Section 81.38(i), Title 1, Texas Administrative Code)
    • The carrier envelopes from voters in the Attorney General Address Confidentiality Program shall be delivered to the early voting ballot board in an envelope designated as “Envelopes for Confidential Ballots” together with the Confidential Roster of Protected Applicants. The confidential applications are not delivered to the early voting ballot board, but are kept by the early voting clerk. (Section 81.38(i), Title 1, Texas Administrative Code)

    What if a returned carrier envelope is defective but received timely?
    • The early voting clerk may send back the carrier envelope to the voter, and may receive, before the deadline, the corrected carrier envelope from the voter, or the clerk may notify the voter of the defect by telephone (if provided) and advise the voter that the voter may come to the clerk’s office in person to correct the defect. If the early voting clerk already has a procedure in place for other ballots by mail, that procedure must also be applied to these confidential mail ballots. (Section 86.011, Election Code)

    How does the early voting ballot board count confidential ballots? (Section 81.38(j), Title 1, Texas Administrative Code)
    • The early voting ballot board shall verify the carrier envelopes received with the Confidential Roster of Protected Applicants to ensure that the number of carrier envelopes do not exceed the number of names on the roster. If there is no date of receipt indicated on the roster, there will not be a carrier envelope for that person. The early voting clerk, instead of the early voting ballot board, will compare the signature on the Confidential Voter Registration Form and Early Voting Ballot Application with the signature on the mail ballot to qualify the ballot. The early voting ballot board will then count the ballot.
    • Notwithstanding the absence of comparing signatures, the early voting ballot board shall treat as valid all carrier envelopes marked as containing confidential ballots voted under the Attorney General Confidentiality Program that were received in the envelope for confidential ballots. The carrier envelopes shall be opened and set aside, and the security envelopes containing the voted confidential ballots shall be set aside with all other accepted ballots by mail. The ballots shall be counted with the other accepted ballots by mail.
    • The number of ballots voted and counted under this section would have already been recorded on the Confidential Roster of Protected Applicants pursuant to Section 81.38(i), Title 1, Texas Administrative Code.

    FAQ’s

  1. I received a voter registration application from DPS and the person is part of the Attorney General Address Confidentiality Program using their P.O. Box. Do I register them?
    No, the person is only considered temporarily registered for purposes of each election and is not entered into the voter registration system. If you get an application from DPS, you would send the applicant a Notice of Incomplete Information on Voter Registration Application (PDF). The notice would state that the person would need to come in person and register. You may also send them the prescribed Confidential Voter Registration Form and Early Voting Application (PDF) that would serve as a voter registration application and application for ballot by mail. Procedures under Section 13.073, Election Code would apply for notice of incomplete. If the voter does appear in person with a completed Confidential Voter Registration Form and Early Voting Application, the early voting clerk retains all voter information in that form. However, that form does not contain the actual residential address of the applicant, and the form itself is not public information and is confidential as a matter of law. (Section 81.38(h), Title 1, Texas Administrative Code)

    If a voter is in the Attorney General Address Confidentiality Program and still has a previous active voter registration, the early voting clerk should inform the voter that they should cancel their registration for their county and any other county where they may be currently registered. In addition, any cancelled registration may still be considered public information for two years following the cancellation. We recommend that the early voting clerk provide a 13.004 Request for Voter Registration Residential Address Confidentiality (PDF) to a voter under this program when they cancel their current registration, because this form will serve to make confidential any information in their cancelled voter registration. If a public information request is submitted for canceled voters, these voter addresses would be suppressed under Section 13.004, but their names would appear on the list of canceled voters. The early voting clerk should then notify the Secretary of State’s Office at elections@sos.texas.gov that the voter’s cancelled registration is confidential under Section 13.004, Election Code.

  2. I received a voter registration application from DPS using the Alternate Address Program. Should I send the voter a notice informing them about the program and its effect on their voter registration application?

    You may, but are not required to, send a letter informing the voter of the Alternate Address Program and its effect on their voter registration application. You may include in the letter that the Alternate Address Program will only allow a voter to vote in elections in which the alternate address is located. The voter would only be allowed to vote at the alternate address, not at their residential address. You may inform the voter that if they choose to use the Section 552.1175, Government Code confidentiality program or the Judicial Confidentiality Affidavit for Voter Registration instead of the Alternate Address Program, this would only affect their voter registration and not their driver’s license and that they may vote in elections in which they reside with their address being suppressed. You may also include the following SOS prescribed forms: Judicial Confidentiality Affidavit for Voter Registration (PDF) or Confidentiality Request for Voter Registration Purposes (PDF).

  3. May a federal or state judge defined under Section 1.005, Election Code qualify under multiple ways for confidentiality?
    Yes, a federal or state judge or spouse may qualify for confidentiality in several ways.

    The first way a person may qualify is through the Office of Court Administration (OCA). Once elected as a judge, the SOS will send that information over to OCA. The OCA will then contact the newly elected judges informing them of voter confidentiality and send paperwork to be completed. Once the paperwork is submitted to the OCA, the office would send the paperwork to the appropriate county, informing the county that the voter qualifies for confidentiality.

    The second way a person may qualify is by completing the Judicial Confidentiality Affidavit for Voter Registration (PDF) form under Section 13.004(c)(5), Election Code. Only a judge or spouse of a judge may complete this form. An applicant will need to complete the form and have that form signed by a notary. A spouse of a judge does not need to show proof of marriage.

    The third way a federal or state judge may qualify is by completing the Confidentiality Request for Voter Registration Purposes form under Section 552.1175, Government Code. The applicant would need to provide proof they are a judge or spouse of a judge.

  4. Do the confidentiality forms under Section 13.004, Election Code and Section 552.1175, Government Code serve as a voter registration application?
    No. Unlike the Alternate Address Program and the Attorney General Address Confidentiality Program, a person who qualifies for confidentiality under 13.004, Election Code or Section 552.1175, Government Code must be a registered voter before they can complete the Judicial Confidentiality Affidavit for Voter Registration (PDF), Confidentiality Request for Voter Registration Purposes (PDF), or 13.004 Request for Voter Registration Residential Address Confidentiality (PDF) forms. If a voter is concerned that their information will be disclosed while waiting for their registration to become effective, the voter may submit their voter registration application simultaneously with their confidentiality form.

  5. How should a voter’s information appear on the Early Voting Roster?
    This depends on the type of confidentiality used by the voter.
    • For a person using the Attorney General Address Confidentiality Program, they would not appear on the list.
    • For a person using the Alternate Address Program, their name and alternate address would be on the list, but that address would be their business address, not the voter’s actual residential address.
    • For a person using confidentiality under Section 13.004, Election Code or Section 552.1175, Government Code, the voter’s name should appear on the list and there should be an asterisk (***) in place of their address.

  6. How should a voter’s registration appear on the original list of registered voters?
    This also will depend on the type of confidentiality used by the voter.
    • For a person using the Attorney General Address Confidentiality Program, they would not appear on the list.
    • For a person using the Alternate Address Program, their name and alternate address would be on the list, but that address would be their business address, not the voter’s actual residential address.
    • For a person using confidentiality under Section 13.004, Election Code or Section 552.1175, Government Code, the voter’s name should appear on the list and there should be an asterisk (***) in place of their address.

  7. Is a voter allowed to use more than one method of confidentiality for voter registration?
    No. For voter registration purposes only, if a person qualifies for confidentiality in multiple ways, they must choose one method. For example, a judge could not use the Alternate Address Program and suppress their address under Section 13.004, Election Code or Section 552.1175, Government Code. However, the voter could use the alternate address for their driver’s license and apply for confidentiality under Section 13.004, Election Code or Section 552.1175, Government Code for voter registration purposes.

  8. Does confidentiality transfer from one county to another if the voter moves?
    Yes, the confidentiality would transfer to the new county; however, a voter registrar may require proof from the voter that they qualify under Section 13.004, Election Code or Section 552.1175, Government Code. Please note that if a peace officer is using the Alternate Address Program and their occupation, marriage status, or residence changes, they must update their information with DPS within 30 days of the change under Section 521.1211, Transportation Code.

  9. How long does the voter’s confidentiality last?
    This depends on the type of confidentiality. For the Attorney General Address Confidentiality Program, the person is entitled to receive a ballot for three years after submitting the Confidential Voter Registration Form and Early Voting Application (PDF) for all county or county-contracted elections, or until your office receives notice that the voter no longer qualifies under the program or their ballot by mail has been returned as undeliverable, whichever occurs first. For the Alternate Address Program, the person may use this address as long as the person qualifies under the program. For confidentiality under Section 13.004, Election Code and Section 552.1175, Government Code, the person may have their address and other information suppressed as long as the person qualifies under the program. However, if a voter moves to another county, the voter registrar may request proof from the voter that they still qualify under this program.

  10. How does the voter registrar indicate (in TEAM) that voter registration information is considered confidential?
    1. Alternate Address Program – You do not need to include anything in TEAM, as the voter’s address will be a designated alternate address at their place of work instead of their actual residential address.
    2. Attorney General Address Confidentiality Program – You would not indicate this in TEAM as the voter should not be registered to vote. That information will be kept on the Confidential Roster of Protected Applicants. Please note that a Restrict Public Access designation can also be set for a voter’s previous or cancelled voter registration record.
    3. Section 13.004, Election Code and Section 552.1175, Government Code – Once you have the appropriate paperwork or notification, then you will designate the voter record as Restrict Public Access, which by default also sets Website Suppression (meaning the person will not be able to locate himself through the “Am I Registered?” website).  Offline counties complete this through Voter Import.  Online Counties complete this through the Attributes portion of the Change Voter Screen.  Any person designated as Restrict Public Access will have asterisks (***) appear in lieu of their address on all reports requestedfor use for public purposes (Do Not Show Restricted).

  11.  Does a spouse need to show proof of marriage under 552.1175 and 13.004?
    No, a spouse does not need to provide a marriage certificate or other proof. The spouse will need to provide documentation showing their spouse qualifies under this confidentiality program.