Election Advisory No. 2025-16

To:	All Election Officials
From:	Christina Adkins, Director of Elections
Date:	October 14, 2025
RE:	Processing a Voter Who Has Moved Within the County (Fail-Safe Voting)

Introduction

This Advisory is intended to advise counties and local political subdivisions on the proper procedures which must be followed by election workers at the polling place to process voters who have changed their residence address within their county of voter registration, but who have not updated their voter registration residence address or who have submitted a change of residence address within the county that will not be effective by election day. Additionally, this advisory will include scenarios and guidance on the law concerning these procedures and issues that may arise.

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

Residency Requirements for Voting

Section 13.143 of the Code provides that, if a voter registration application is approved, that registration becomes effective on the 30th day after the date the application is submitted to the voter registrar. The procedures addressed below pertain to circumstances where a voter has moved within their county of voter registration but has either failed to update their voter registration with their new residence address or has submitted a change of residence address to update their voter registration that will not be effective for an upcoming election.

Procedure for Accepting a Voter at a Polling Place

Section 63.0011 of the Code requires that an election officer confirm with a voter who is offering to vote that the voter’s residence address on the precinct list of registered voters is current before the voter may be accepted for voting. If the voter’s residence address is not current when presenting to vote, the election officer must ask if the voter has changed residence within the county of registration.

Under Section 63.0011(b)(1) of the Code, if the voter’s residence address is not current because the voter has changed their residence within the county, the voter may vote, if otherwise eligible, in the election precinct in which the voter is registered if the voter resides in the county in which the voter is registered and, if applicable, resides in the political subdivision served by the authority ordering the election if the political subdivision is other than the county. Under Section 63.0011(b)(2) of the Code, if the voter’s residence address is not current because the voter changed residence within the county, the voter may vote, if otherwise eligible, in the election precinct in which the voter is registered if the voter resides in the county in which the voter is registered and, if applicable, resides in the territory covered by the election in a less-than- countywide election ordered by the governor or a county authority.

Section 11.004 of the Code further provides that a voter who changes residence to another election precinct in the same county may vote in the election precinct of the voter’s former residence until the voter’s registration becomes effective in their new precinct if the voter otherwise satisfies residency requirements for voting in an election. If the voter’s residence address as reflected in the voter’s registration record is not current because the voter has changed residence within the county, the voter may vote at the polling place for the election precinct in which the voter is registered, if otherwise eligible.

If the voter changes their residence address within the county without updating their voter registration by the voter registration deadline, or the voter has submitted an update to their voter registration based on a change of residence address that will not be effective for the election, the voter must still reside in the political subdivision ordering the election or in the territory covered by the election to vote a full ballot in their former voter registration precinct pursuant to Section 63.0011(b)(1) and (b)(2) of the Code. This means that for an election ordered by a local political subdivision, such as a municipal or school district election, the voter’s previous residence address and new residence address must be in the municipality or the school district in order for the voter to continue to vote in that election.

If the voter is registered to vote in a local political subdivision, such as a city or school district, and moves outside of the political subdivision but still resides within the same county of registration, the voter would not be eligible to receive a ballot containing races or measures ordered by the local political subdivision for that election. However, the voter would still be permitted to cast a ballot for a county election if the county is also conducting an election ordered by the governor or a county authority and the voter resides in the territory covered by the election. For this reason, we recommend that ballot styles be created and programmed for all possible geographic combinations in the county.

Before a voter is accepted for voting under these procedures, the voter must execute and submit to an election officer a Statement of Residence (Form 21-6) that includes all of the information that must be included in a voter registration application and must also include the date that the statement is submitted to an election officer. As such, a sufficient number of Statements of Residence must be provided to the general custodian of election records by the county voter registrar for these purposes for each election. Each Statement of Residence must be retained on file with the voter’s registration application. This form can also be found in our Election Forms Index.

Note that for counties participating in the countywide polling place program under Section 43.007 of the Code, this means that a voter who changes their residence address to another election precinct in the same county but fails to update their residence address in their voter registration or does not update the address by the voter registration deadline may execute a Statement of Residence and vote the ballot style associated with the voter’s previous residence address at any countywide polling place, if otherwise eligible.

Also note that this procedure does not apply to a voter who has moved outside of the county where the voter is registered to vote. Voters who have changed residence to a new county but who do not have a valid voter registration in their new county of residence by the voter registration deadline for an election are eligible to vote a limited ballot at the main early voting polling place during the early voting period in their new county of residence. Chapter 112, Texas Election Code. Information on voting a limited ballot can be found in the Qualifying and Processing Voters section of our Election Judges and Clerks Handbook (PDF).

NOTE: On election day, the polling place official must inform a voter who requests a limited ballot that this process is not available. If the voter insists on voting in their new county of residence, a provisional ballot is the only option.

Possible Scenarios

Scenario #1 (City and County Voter Moves Outside of City)

Voter is registered to vote and resides in the City of Example in Example County, Texas. The entirety of the City of Example is in one county commissioner, justice of the peace and constable precinct and the city elects all members of its governing body at-large. Prior to the general election for city council officers and the general election for state and county officers, the voter moved to a different address on the opposite side of the City of Example. The voter either did not update their registration address with the county voter registrar by the voter registration deadline or updated their residence address after the voter registration deadline had passed. On election day, the voter offers to vote at the polling place associated with their new residence address and informs an election official at the polling place that they have moved within the county and city.

In this scenario, the voter should be directed to vote at the polling place associated with their previous residence address. Upon offering to vote at the polling place associated with their previous address, the voter must complete the Statement of Residence. If otherwise eligible to vote, the voter should be issued a full ballot for the general election for state and county officers and a full ballot for the city’s general election because the voter’s previous residence address and the voter’s new residence address are all within the same territories covered by the elections, which include the City of Example and the same county commissioner, justice of the peace and constable precinct. This scenario illustrates Section 63.0011(b)(1) of the Code because the voter still resides in the city after changing residence addresses.

The following chart demonstrates the ballots that the voter would receive in Scenario #1:

	Example County	City of Example
Scenario #1	Voter receives full county general election ballot	Voter receives full city general election ballot

Scenario #2 (City and County Voter Moves to a Different Single-Member City District and County Precinct)

Voter is registered to vote in the City of Example in Example County, Texas. The City of Example is divided between two county commissioner court precincts, Precinct 1 and Precinct 3. The City of Example elects members of its governing body from single-member districts.

Prior to an upcoming general election for city council officers and the general election for state and county officers, the voter moved to a different residence address on the opposite side of the City of Example. The voter either did not update their residence address by the voter registration deadline or updated their residence address after the voter registration deadline had passed.

Due to the change of residence address, the voter has moved from county commissioner Precinct 1 to county commissioner Precinct 3 and has also moved from single-member District 2 to single- member District 4 in the City of Example. On election day, the voter offers to vote at the polling place which is associated with their new residence address and informs an election official at the polling place that they have moved within the county and city.

In this scenario, the voter should be directed to vote at the polling place associated with their previous residence address. Upon offering to vote at the polling place associated with their previous precinct, the voter must complete the Statement of Residence. In this scenario, the voter has moved to a different county commissioner court precinct and a different single-member district in the City of Example. However, the voter would be eligible to cast a ballot which contained races for the offices of county commissioner Precinct 1 and city council single-member District 2 associated with their previous residence address, because the voter still resides in the political subdivision served by the authority ordering the municipal election, the City of Example, even though the voter resides in a new single-member district. The voter also still resides in Example County. This scenario illustrates Section 63.0011(b)(1) of the Code.

The following chart demonstrates the ballots that the voter would receive in Scenario #2:

	Example County	City of Example
Scenario #2	County general election ballot BUT voter receives a ballot containing county commissioner for their previous county commissioner precinct.	City general election ballot BUT voter receives a ballot containing the city council office for their previous single-member district.

Scenario #3 (City, County, and School District Voter Moves Outside of the City)

Voter is registered to vote in the City of Example and Example I.S.D. in Example County, Texas. The entirety of the City of Example is in one county commissioner, justice of the peace and constable precinct and the city elects all members of its governing body at-large. Example I.S.D. covers the entirety of the City of Example and other unincorporated territory in Example County.

Prior to the upcoming general elections for the city, the school district and the general election for state and county officers, the voter moved to a different residence address outside of the City of Example but still within the same county commissioner, justice of the peace and constable precincts and also within Example I.S.D. The voter either did not update their registration address with the county voter registrar by the registration deadline or updated their residence address after the voter registration deadline had passed. On election day, the voter offers to vote at their new precinct and informs an election official at the polling place that they have moved within the county.

In this scenario, the voter should be directed to vote at the polling place associated with their previous residence address. Upon offering to vote at the polling place associated with their previous residence address, the voter must complete the Statement of Residence.

In this scenario, the voter has moved outside of the City of Example but still resides within Example County and Example I.S.D. This voter would not be permitted to vote a ballot containing any City of Example races because the voter has moved outside the city. However, since the voter still resides in Example I.S.D., the voter would be eligible to cast a ballot which contained the I.S.D. races, along with the races in the general election for state and county officers that is associated with the voter’s previous residence address. This scenario further illustrates Section 63.0011(b)(1) of the Code. Because the voter no longer resides in the city, the voter is not eligible to receive a ballot with city races. This scenario further highlights why consideration of all possible ballot styles is important.

The following chart demonstrates the ballots that the voter would receive in Scenario #3:

	Example County	City of Example	Example I.S.D.
Scenario #3	Full county general election ballot	NO CITY BALLOT. Voter has moved outside of the city	Full I.S.D. general election ballot

Scenario #4 (Voter Moves within City in a County Participating in the Countywide Polling Place Program)

Voter is registered to vote in the City of Example in Example County, Texas. The entirety of the City of Example is in one county commissioner, justice of the peace and constable precinct and the city elects all members of its governing body at-large.

Prior an upcoming general election ordered by the city and the general election for state and county officers, the voter moved to a different residence address on the opposite side of the City of Example. The voter either did not update their registration address with the county voter registrar by the voter registration deadline or updated their residence address after the voter registration deadline had passed. Example County participates in the countywide polling place program under Section 43.007 of the Code. On election day, the voter offers to vote at a countywide polling location near the voter’s place of employment outside of the city limits for the City of Example.

In this scenario, the voter may vote at the countywide polling location where they are offering to vote. Example County is participating in the countywide polling place program, which means that all voters can vote at any countywide polling place on election day. The voter must complete the Statement of Residence. If otherwise eligible to vote, the voter should receive a full ballot with the races for officers for the county and the city associated with their previous residence address because the voter’s previous residence address and the voter’s new residence address are all within the same territory covered by the election, the City of Example and the same county commissioner, justice of the peace and constable precinct. This scenario also illustrates Section 63.0011(b)(1) of the Code.

The following chart demonstrates the ballots that the voter would receive in Scenario #4:

	Example County	City of Example
Scenario #4	Full general election for state and county officers ballot	Full city general election ballot

Scenario #5 (Voter Moves Outside of One Local Political Subdivision Which Shares a Joint Ballot with Another Local Political Subdivision)

Prior to the upcoming general elections for the city and the school district (Example County is not holding an election), the voter moved to a different residence address outside of the City of Example but still within Example County and Example I.S.D. Example I.S.D. and the City of Example are conducting their elections jointly with a joint ballot under Chapter 271 of the Election Code. The voter either did not update their registration address with the county voter registrar by the registration deadline or updated their residence address after the voter registration deadline had passed. On election day, the voter offers to vote at the polling place which is associated with their previous residence address and informs an election official at the polling place that they have moved within the county and school district, but outside of the city.

In this scenario, upon offering to vote at the polling place associated with their previous residence address, the voter must complete the Statement of Residence. In this case, the voter has moved outside of the City of Example but still resides within Example County and Example I.S.D. This voter would not be permitted to vote a ballot containing any City of Example races because the voter has moved outside the city. However, since the voter still resides in Example I.S.D., the voter would be permitted to vote the I.S.D. ballot. Since the entities have a joint ballot, the entities must consider ballot styles with only one entity’s races. This scenario further highlights why consideration of all possible ballot styles is important.

The following chart demonstrates the ballots that the voter would receive in Scenario #5:

	City of Example	Example I.S.D.
Scenario #5	NO CITY BALLOT. Voter has moved outside of the city	Full I.S.D. general election ballot

Scenario #6 (Voter Moves Outside of the Territory Covered by the Election in a Less-than- Countywide Election)

Voter is registered to vote in the City of Example in Example County, Texas. The entirety of the City of Example is in one justice of the peace precinct.

Prior to an upcoming local option liquor election in the justice of the peace precinct for Example County, the voter moved to a different address outside of the justice of the peace precinct but within Example County. The voter either did not update their registration address with the county voter registrar by the registration deadline or updated their residence addres after the voter registration deadline had passed. On election day, the voter offers to vote at the polling place associated with their previous residence address.

In this scenario, the voter has moved outside of the justice of the peace precinct where a local option liquor election has been ordered by Example County. However, the voter still resides within Example County. The voter would not be eligible to cast a ballot containing the local option liquor election for the justice of the peace precinct because the voter has moved outside of the justice of the peace precinct. This scenario illustrates Section 63.0011(b)(2) of the Code because the voter no longer resides in the territory covered by the election (the justice of the peace precinct) and this is a less-than- countywide election ordered by the county authority.

This is distinguished from the general election for state and county officers, which is not a less-than-countywide election. As addressed in Scenario #2, in the general election for state and county officers, the voter would be eligible to vote the ballot style associated with the voter’s previous residence address even if the voter now resides in a different county commissioner or justice of the peace precinct. This is not the case with an election such as a local option election that does not cover the entirety of the county. In this scenario, the voter should update their residence address with the county voter registrar to participate in future elections.

The following chart demonstrates the ballots that the voter would receive in Scenario #6:

	Example County
Scenario #6	Voter does NOT receive a local option ballot.

Scenario #7 (Voter Moves Outside of a Political Subdivision Conducting an Election but Still Resides in the Territory Covered by Another Election)

Voter is registered to vote in the City of Example in Example County, Texas. The entirety of the City of Example is in one justice of the peace precinct. The justice of the peace precinct covers the City of Example and other unincorporated territory in Example County. The City of Example elects all members of its governing body at-large.

Prior to an upcoming general election for the city and a local option liquor election in the justice of the peace precinct ordered by Example County, the voter moved to a different address outside of the City of Example but still within the justice of the peace precinct in Example County. The voter either did not update their registration address with the county voter registrar by the registration deadline or updated their residence address after the voter registration deadline had passed. On election day, the voter offers to vote at their new precinct and informs an election official at the polling place that they have moved within the county.

In this scenario, the voter should be directed to vote at the polling place associated with their previous residence address. Upon offering to vote at the polling place associated with their previous residence address, the voter must complete the Statement of Residence. In this case, the voter has moved outside of the City of Example but still resides within the justice of the peace precinct where a local option liquor election has been ordered by Example County. The voter would not be permitted to vote a ballot containing any City of Example races because the voter has moved outside the city. This portion of the scenario illustrates Section 63.0011(b)(1) of the Code. However, the voter would still be eligible to cast a ballot containing the local option liquor election for the justice of the peace precinct because the voter still resides in the justice of the peace precinct, which is the territory covered by the less-than-countywide election ordered by a county authority as provided in Section 63.0011(b)(2) of the Code.

The following chart demonstrates the ballot that the voter would receive in Scenario #7:

	Example County	City of Example
Scenario #7	County ballot containing the local option liquor election	NO CITY BALLOT. Voter has moved outside of the city

If you have any questions or situations that are not covered by this advisory, please do not hesitate to contact the Elections Division toll-free at 1-800-252-2216.

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