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Election Advisory No. 2025-11

To: All Election Officials
From: Christina Adkins, Director of Elections
Christina Adkins signature
Date: September 8, 2025
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.

All statutory references in this advisory are to the Texas Election Code (“the Code”), unless otherwise indicated.

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. You may also direct any questions about the procedures for responding to a public information request, including the timeframes for such responses, to the Office of the Attorney General via its Open Government Hotline, (877) OPEN TEX (673-6839).

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 and voter source code are confidential under state and federal law. (Section 13.004, Election Code and the National Voter Registration Act (PDF)). The registrar must ensure that this information is excluded from disclosure, except that the voter registrar shall forward to the county chair of each county executive committee the information necessary to contact applicants who indicate interest in working as an election judge. (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, a number of a personal identification card, or a date of birth of a voter on a website. (Section 13.004(d), Election Code). Similarly, a voter registrar or other county official may not post the residence address of a voter who submits documentation under Section 13.004(c)(4), (5), (6), or (7) of the Code to the voter registrar or regarding whom the registrar has received notification under Section 15.0215 of the Code.

Information that can be Suppressed from the County’s Website

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 of the Texas Election Code, 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. (Sections 521.121, 521.1211, Texas Transportation Code).

NOTE: If an applicant chooses to apply for this type of confidentiality, they should be informed 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.

  1. 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?

  1. Confidentiality Affidavit (Section 13.004(c)(4), Election Code)

    Judges and other qualified individuals may apply for confidentiality through the Alternate Address  Program;  under  Section  552.1175,  Government  Code;  or  through the Confidentiality Affidavit for Voter Registration Under Texas Election Code per Section 13.004(c), Election Code.

    Who is eligible?

  1. Address Confidentiality (Section 15.0215, Election Code)

    A voter registrar must omit from the registration list the residence address of a judge or official and any family members of the judge or official if the registrar receives notice from the Office of Court Administration of the person’s qualification for office as a federal or state judge or a federal official. Additionally, the registrar must prepare a memorandum of the notice received from OCA which indicates the substance and date of the notice. The memorandum must be kept on file with the individual’s voter registration application.

    Who is eligible?

  1. Confidentiality for Victims of Certain Crimes (Section 13.004(c)(5)-(7), Election Code) Who is eligible?

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?

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 that 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, as 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 Request for Voter Registration Residential Address Confidentiality 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 of the Election Code, but their names would appear on the list of canceled voters. The early voting clerk should then notify the Secretary of State at elections@sos.texas.gov that the voter’s cancelled registration is confidential under Section 13.004.

How can a confidential voter rescind this type of confidentiality request?


    • We recommend that the voter discuss the cancellation of a request with the Office of the Attorney General at 888-832-2322 and register to vote when ready and no longer participating in the program. Instructions to the early voting clerk in mailing 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 public 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 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 at elections@sos.texas.gov that the voter’s cancelled registration is confidential under Section 13.004 of the 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 voter, the early voting clerk shall mail a ballot for that election to the protected applicant at the substitute P.O. Box address provided on the Confidential Voter Registration Form and Early Voting Ballot Application.

What if a returned carrier envelope is defective but received timely?

Frequently Asked Questions

    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 receive an application from DPS, you would send the applicant a Notice of Incomplete Information on Voter Registration Application. The notice would state that the person would need to come in person to register. You may also send them the prescribed Confidential Voter Registration Form and Early Voting Ballot Application that would serve as a voter registration application and application for ballot by mail. Procedures under Section 13.073, Election Code would apply to the notice of incomplete. If the voter appears in person with a completed Confidential Voter Registration Form and Early Voting Ballot 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 confidential as a matter of law and not subject to public disclosure under the Public Information Act. (Section 81.38(h), Title 1, Texas Administrative Code).

      If a voter in the Attorney General Address Confidentiality Program still has a previous active voter registration, the early voting clerk should inform the voter that they should cancel their registration for that county. 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 Request for Voter Registration Residential Address Confidentiality 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 of the Code, but their names would appear on the list of canceled voters. The early voting clerk should then notify the Secretary of State at elections@sos.texas.gov that the voter’s cancelled registration is confidential under Section 13.004.

    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 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: Request for Voter Registration Residential Address Confidentiality or the Confidentiality Affidavit for Voter Registration Under Texas Election Code.

    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.

      First, a person may qualify through the Office of Court Administration. Once elected as a judge, the Secretary of State will send that information to OCA, which will contact the newly elected judge informing them of voter confidentiality and send paperwork to be completed. Once OCA receives the completed paperwork, OCA will send the paperwork to the appropriate county, informing the county that the voter qualifies for confidentiality.

      Second, a person may qualify by completing the Confidentiality Affidavit for Voter Registration Under Texas Election Code form pursuant to 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.

      Third, a federal or state judge may qualify by completing the Request for Voter Registration Confidentiality Under Texas Government Code form pursuant to 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 Section 13.004, Election Code or Section 552.1175, Government Code must be a registered voter before they can complete the Confidentiality Affidavit for Voter Registration Under Texas Election Code, Request for Voter Registration Confidentiality Under Texas Government Code, or Request for Voter Registration Residential Address Confidentiality 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?