Jailed Voters and Voters Who Have Prior Criminal Convictions

Eligibility to Register and Vote in Texas

1. At least 18 years of age

2. A US citizen

3. Have not been finally convicted of a felony or, if so convicted, has:

   1. Fully discharged their sentence, including any term of incarceration, parole, or supervision, or completed their probation as ordered by the court (Texas Election Code 11.002). This is frequently referred to as being “off-paper”; OR

   2. Been pardoned or otherwise released from the resulting disability to vote

** NOTE: To be eligible to vote, all prior felony convictions must have been fully discharged or pardoned. **  

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What does final felony conviction mean?

• A conviction on appeal is not considered a final felony conviction.

• "Deferred adjudication" is not considered a final felony conviction.

• Steps before a final conviction, such as the filing of charges, indictment, pre-trial detention, or arrest are not final felony convictions.

• Misdemeanor convictions do not affect voter eligibility.

Your County’s Voter Registrar has the authority to investigate whether or not you are eligible to register to vote (Texas Election Code 16.033). If the Voter Registrar launches such an investigation, you will receive a written notice and you have 30 days to respond. 

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Jailed Voters May Qualify for a Mail in Ballot

If you are in jail or incarcerated, you may still be eligible to vote unless you:

• are in jail for a final felony conviction; or 

• have a prior felony conviction and have not fully discharged your sentence.

If you are in jail and eligible to vote, you can request a voter registration form through a kite request or from the library. Register using your address outside of the jail, but you may list the jail as your mailing address.

You may also inquire with jail staff about whether there is an option to vote in person in the jail.  

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How To Apply for Your Mail-in Ballot

• Application forms can be requested from the jail through a kite request, in writing from your county’s Early Voting Clerk, or printed online at Application for a Ballot by Mail. 

• Applications to vote by mail must be mailed or delivered to your county’s Early Voting Clerk (the county official who handles mail-in ballots) AND the Early Voting Clerk must receive your application no later than 11 days before Election Day.  

  • We recommend that you mail in your application as soon as possible. 

• Make sure to follow all of the instructions and fill out your application and your mail-in ballot with a pen.

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If you face any problems while voting, please call our non-partisan 866-OUR-VOTE Election Protection hotline for assistance. 

We will not keep any personally identifiable information in our records.