Texas Codes

Tex. Elec. Code § 11.002 (2026)

Qualified Voter

✓ current as of May 2026
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Sec. 11.002. QUALIFIED VOTER. (a) In this code, "qualified voter" means a person who:

(1) is 18 years of age or older;

(2) is a United States citizen;

(3) has not been determined by a final judgment of a court exercising probate jurisdiction to be:

(A) totally mentally incapacitated; or

(B) partially mentally incapacitated without the right to vote;

(4) has not been finally convicted of a felony or, if so convicted, has:

(A) fully discharged the person's sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or

(B) been pardoned or otherwise released from the resulting disability to vote;

(5) is a resident of this state; and

(6) is a registered voter.

(b) For purposes of Subsection (a)(4), a person is not considered to have been finally convicted of an offense for which the criminal proceedings are deferred without an adjudication of guilt.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. 54, Sec. 23, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 16, Sec. 6.01, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 916, Sec. 27, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 850, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 614 (H.B. 417), Sec. 22, eff. September 1, 2007.

Acts 2011, 82nd Leg., R.S., Ch. 744 (H.B. 1226), Sec. 1, eff. June 17, 2011.

Notes of Decisions
Cited in 43 cases (4 in the last 5 years), 1988–2026 · leading case: Roper v. Simmons, 543 U.S. 551 (2005).
Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “§ 2-2-102 (2003) Texas 18 Tex. Elec. Code Ann. § 11.002 (West 2003) Utah 18 Utah Const.”
Smith v. Merritt, 940 S.W.2d 602 (Tex. 1997). · cites it 2× “PRAC. & REM.CODE § 129.001 (age of majority is eighteen); TEX.”
United States v. James Eli Huff, II, 370 F.3d 454 (5th Cir. 2004). · cites it 2× “1994), the court cited the 1991 version of Tex. Elec.Code § 11.002(4)(A) and held that the defendant's right to vote had been restored, but observed in a footnote that "unlike the appellant in Thomas , Mr.”
Thompson v. Oklahoma, 487 U.S. 815 (1988). “Tex. Elec. Code Ann. § 11.002 (Supp. 1988) Utah Utah Code Ann.”
Kelvin Leon Jones v. Governor of Florida, 950 F.3d 795 (11th Cir. 2020). “§ 21-6613 (b) (extending disenfranchisement until a felon “has completed the terms of the authorized sentence”); Tex. Elec. Code Ann. § 11.002 (a)(4)(A) (permitting re- enfranchisement once a felon has “fully discharged .”
United States v. Jesus Martin Caicedo-Cuero, 312 F.3d 697 (5th Cir. 2002). “Tex. Elec.Code Ann. § 11.002(4) (Vernon 1995).”
Slusher v. Streater, 896 S.W.2d 239 (Tex. App. 1995). · cites it 2× “See Tex.Elec.Code Ann. § 11.002 (Vernon Supp.”
Perez v. State, 11 S.W.3d 218 (Tex. Crim. App. 2000). · cites it 2× “See TEX. ELEC.CODE ANN. § 11.002(4)(A) and (B).”
In Re of Lock, 54 S.W.3d 305 (Tex. 2001). · cites it 2× “[62] Rule IV(d)(2) provides: (2) An individual guilty of a felony under this rule is conclusively deemed not to have present good moral character and fitness and shall not be permitted to file a Declaration of Intention to Study Law or an Application for a period of five years…”
Gonzalez v. Villarreal, 251 S.W.3d 763 (Tex. App. 2008). “(citing Tex. Elec.Code Ann. § 11.002 (Vernon 1986)).”
Vote.Org v. Paxton, 89 F.4th 459 (5th Cir. 2023). “TEX. ELECT. CODE § 11.002. There are similar qualifications for eligibility to register.”
Davis v. State, 968 S.W.2d 368 (Tex. Crim. App. 1998). “See Tex. Elec.Code § 11.002(4). 5 . Brief for Appellant (in Court of Appeals) at 5.”
— Tex. Elec. Code § 11.002(1) — 1 case
Smith v. Merritt, 940 S.W.2d 602 (Tex. 1997). “PRAC. & REM.CODE § 129.001 (age of majority is eighteen); TEX.”
— Tex. Elec. Code § 11.002(4) — 4 cases
United States v. Jesus Martin Caicedo-Cuero, 312 F.3d 697 (5th Cir. 2002). “Tex. Elec.Code Ann. § 11.002(4) (Vernon 1995).”
In Re of Lock, 54 S.W.3d 305 (Tex. 2001). “[62] Rule IV(d)(2) provides: (2) An individual guilty of a felony under this rule is conclusively deemed not to have present good moral character and fitness and shall not be permitted to file a Declaration of Intention to Study Law or an Application for a period of five years…”
Davis v. State, 968 S.W.2d 368 (Tex. Crim. App. 1998). “See Tex. Elec.Code § 11.002(4). 5 . Brief for Appellant (in Court of Appeals) at 5.”
— Tex. Elec. Code § 11.002(4)(A) — 5 cases
Perez v. State, 11 S.W.3d 218 (Tex. Crim. App. 2000). “See TEX. ELEC.CODE ANN. § 11.002(4)(A) and (B).”
United States v. James Eli Huff, II, 370 F.3d 454 (5th Cir. 2004). “1994), the court cited the 1991 version of Tex. Elec.Code § 11.002(4)(A) and held that the defendant's right to vote had been restored, but observed in a footnote that "unlike the appellant in Thomas , Mr.”
United States v. Henry David Thomas, 991 F.2d 206 (5th Cir. 1993).
United States v. Huff (5th Cir. 2004).
U.S. v. Thomas (5th Cir. 1993).
— Tex. Elec. Code § 11.002(4)(B) — 1 case
Cuellar v. State, 40 S.W.3d 724 (Tex. App. 2001).
— Tex. Elec. Code § 11.002(4)(a) — 2 cases
United States v. James Eli Huff, II, 370 F.3d 454 (5th Cir. 2004). “1994), the court cited the 1991 version of Tex. Elec.Code § 11.002(4)(A) and held that the defendant's right to vote had been restored, but observed in a footnote that "unlike the appellant in Thomas , Mr.”
United States v. Huff (5th Cir. 2004).
— Tex. Elec. Code § 11.002(5) — 2 cases
Klumker v. Van Allred, 811 P.2d 75 (N.M. 1991).
Speights v. Willis, 88 S.W.3d 817 (Tex. App. 2002).
— Tex. Elec. Code § 11.002(6) — 1 case
In Re Jackson, 14 S.W.3d 843 (Tex. App. 2000).
— Tex. Elec. Code § 11.002(a) — 1 case
Vote.org v. Callanen (W.D. Tex. 2022).
— Tex. Elec. Code § 11.002(a)(4) — 2 cases
State v. Richardson, 439 S.W.3d 403 (Tex. App. 2014).
— Tex. Elec. Code § 11.002(a)(5) — 1 case
Voting for Am., Inc. v. Andrade, 888 F. Supp. 2d 816 (S.D. Tex. 2012).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.