Texas Codes

Tex. Elec. Code § 63.011 (2026)

Provisional Voting

✓ current as of May 2026

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Sec. 63.011. PROVISIONAL VOTING. (a) A person to whom Section 63.001(g) or 63.009 applies may cast a provisional ballot if the person executes an affidavit stating that the person:

(1) is a registered voter in the precinct in which the person seeks to vote; and

(2) is eligible to vote in the election.

(a-1) A person to whom the early voting clerk was required to provide an early voting ballot by mail under Section 86.001 and who did not vote early by mail may cast a provisional ballot on election day if the person executes an affidavit stating that the person:

(1) is a registered voter in the precinct in which the person seeks to vote; and

(2) did not vote early by mail.

(b) A form for an affidavit required by this section must be printed on an envelope in which the provisional ballot voted by the person may be placed and must include:

(1) a space for entering the identification number of the provisional ballot voted by the person; and

(2) a space for an election officer to indicate whether the person presented a form of identification described by Section 63.0101.

(b-1) The affidavit form may include space for disclosure of any necessary information to enable the person to register to vote under Chapter 13. The secretary of state shall prescribe the form of the affidavit under this section.

(c) After executing the affidavit, the person shall be given a provisional ballot for the election. An election officer shall record the number of the ballot on the space provided on the affidavit.

(d) An election officer shall enter "provisional vote" on the poll list beside the name of each voter who is accepted for voting under this section.

(e) A person who is permitted under a state or federal court order to cast a ballot in an election for a federal office after the time allowed by Subchapter B, Chapter 41, must cast the ballot as a provisional vote in the manner required by this section.

Added by Acts 2003, 78th Leg., ch. 1315, Sec. 28, eff. Jan. 1, 2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1078 (H.B. 2823), Sec. 1, eff. September 1, 2007.

Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 15, eff. January 1, 2012.

Acts 2011, 82nd Leg., R.S., Ch. 1002 (H.B. 2194), Sec. 9, eff. January 1, 2012.

Notes of Decisions

Cited in 5 cases, 1995–2016 · leading case: North Carolina State Conf. of NAACP v. McCrory, 182 F. Supp. 3d 320 (M.D.N.C. 2016).

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North Carolina State Conf. of NAACP v. McCrory, 182 F. Supp. 3d 320 (M.D.N.C. 2016). “1 ; Tex. Elec. Code Ann. § 63.011 (a); Va. Code Ann.”

Sandusky Cnty. Democratic Party v. Blackwell, 387 F.3d 565 (6th Cir. 2004). “§ 2-7-112 (2003); Tex. Elec.Code Ann. § 63.011 (2004); Va.Code Ann.”

Cotham v. Garza, 905 F. Supp. 389 (S.D. Tex. 1995). · cites it 6× “Kirk in his official capacity as Secretary of State of Texas and Dan Morales in his official capacity as Attorney General of Texas 1 challenging the constitutionality of Texas Election Code § 63.011. Plaintiff argued that the statute, which bans the possession of written…”

North Carolina State Conf. of the NAACP v. McCrory, 997 F. Supp. 2d 322 (M.D.N.C. 2014). “§ 2-7-112 (a)(3)(B)(iii), (v); Tex. Elec.Code Ann. § 63.011(a); Vt. Stat.”

Raul (Roy) Morales v. Rudy Segura (Tex. App. 2015). “See TEX. ELEC. CODE § 63.011. When a voter is accepted for provisional voting, “the voter casts a special paper ballot that is kept separate from the machines used for regular voting.”

— Tex. Elec. Code § 63.011(a) — 1 case

North Carolina State Conf. of the NAACP v. McCrory, 997 F. Supp. 2d 322 (M.D.N.C. 2014). “§ 2-7-112 (a)(3)(B)(iii), (v); Tex. Elec.Code Ann. § 63.011(a); Vt. Stat.”

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