Texas Election Code: Voting, Campaign Finance, and Penalties

The Texas Election Code is the state statute that governs who may vote, how ballots are cast and counted, how candidates get on the ballot, and how campaigns raise and spend money. It runs across 17 titles, gives the Secretary of State chief oversight, and hands most day-to-day work to county officials. Violations range from a $500 fine for a campaign sign in the wrong spot to a 2-to-20-year prison sentence for illegal voting.

Who Runs Elections in Texas

The Secretary of State is the chief election officer, issuing guidance to all 254 counties, interpreting the statutes, and enforcing compliance. Counties do the actual work: maintaining voter rolls, running polling places, certifying local results, and securing ballots. The Attorney General has statewide authority to investigate and prosecute election crimes, and local law enforcement must report probable cause for election-related offenses under Texas Government Code Section 402.152.¹

Registering to Vote

To register in Texas you must be a U.S. citizen, at least 18 years old, and a resident of the county where you apply. You can submit an application as early as 17 years and 10 months, but it won’t take effect until you turn 18 or 30 days after the county receives it, whichever comes later. A person with a felony conviction cannot register until the full sentence is served, including incarceration, parole, supervision, or probation, or until they receive a pardon.²

Texas has no same-day registration. Your application must reach the county registrar at least 30 days before an election to be effective on Election Day. You can apply in person at the county voter registrar, by mail, or at the Department of Public Safety when you get or renew a driver’s license. There is no fully online voter registration, though voters with a state-issued ID can update their address or name through the Secretary of State’s portal. Paper applications are available at libraries, high schools, and county offices.

Volunteer deputy registrars help run registration drives, but only after completing a training session developed or approved by the Secretary of State. A deputy registrar’s certification runs through December 31 of the next even-numbered year.³

If you move within the same county, you can update your address online. Moving to a different county requires a new application. Voters who fail to update may land on a suspense list; two consecutive federal general elections on that list without confirming your address or voting can lead to cancellation, following the process in the National Voter Registration Act. Federal law bars removing a registrant solely for not voting.

What ID You Need at the Polls

Texas requires photo identification. Any one of seven forms is accepted:

Texas driver license issued by DPS
Texas Election Identification Certificate issued by DPS, free of charge
Texas personal identification card issued by DPS
Texas handgun license issued by DPS
U.S. military ID with photograph
U.S. citizenship certificate with photograph
U.S. passport, book or card

For voters between 18 and 69, the ID can be expired up to four years and still be accepted. Voters 70 and older can use an expired ID no matter how long ago it expired, as long as it is otherwise valid.⁴

If you don’t have one of these IDs and cannot reasonably obtain one, you can still vote a regular ballot by signing a Reasonable Impediment Declaration and showing a supporting document such as a utility bill, bank statement, government check, paycheck, voter registration certificate, or birth certificate.⁴

If you own an acceptable ID but forgot to bring it, you can cast a provisional ballot and then present the ID to your county voter registrar within six calendar days. Otherwise the provisional ballot is not counted.

Early Voting and Voting by Mail

Early voting by personal appearance runs for roughly two weeks before every election. For the November 2026 general election, early voting runs October 19 through October 30; for the March 2026 primary, February 17 through February 27.⁵ During early voting you can use any early voting location in your county, not just your assigned precinct. The photo ID rules are the same.

Voting by mail is limited. You qualify only if you meet one of these conditions:

You will be 65 or older on Election Day.
A sickness or physical condition prevents you from appearing at the polls without needing personal assistance or risking your health.
You expect to give birth within three weeks before or after Election Day.
You will be away from your county during the entire early voting period and on Election Day.
You are jailed for a misdemeanor, awaiting trial after denial of bail, or in a similar qualifying situation.

Lacking transportation or having to work on Election Day does not qualify you for a mail-in ballot.⁶

Provisional Ballots

If your name is not on the roll at your polling place, or an official questions your eligibility, you can cast a provisional ballot by signing an affidavit that you are registered in that precinct and eligible to vote. The ballot is sealed and reviewed later. If you check out, it counts.⁷

Provisional ballots also apply when you were sent a mail-in ballot, did not use it, and want to vote in person. You can vote provisionally after affirming you did not vote by mail. Under the Help America Vote Act, every state must offer provisional ballots and provide a free way, such as a toll-free number or website, to check whether yours was counted and, if not, why.⁸

Rules Inside the Polling Place

Electioneering within 100 feet of a polling place entrance is illegal. That covers campaign signs, flyers, petition gathering, and attempts to persuade voters inside the marked boundary. Wearing apparel or buttons for a candidate, measure, or party on the current ballot is also prohibited inside that zone. Violation is a Class C misdemeanor with a fine of up to $500. Using a loudspeaker to electioneer within 1,000 feet of a polling place is a separate Class C misdemeanor.⁹

Election judges can remove anyone causing a disturbance and can enforce restrictions on wireless devices and recording equipment. Poll watchers appointed by candidates or parties may observe procedures, including ballot processing, but must present a certificate of appointment and a Secretary of State training completion certificate on arrival. Watchers cannot interact with voters or interfere with operations, and one who disrupts the process or harasses voters can be expelled.¹⁰

Running for State Office

Every candidate must be a U.S. citizen, a Texas resident, and a registered voter in the district. Minimum ages come from the Texas Constitution: 21 for the Texas House, 26 for the Texas Senate, and 30 for Governor. A candidate for Governor must also have been a Texas resident for at least five years before the election.

To seek a party nomination, you file an application for a place on the primary ballot with the party chair, along with either a filing fee or a petition signed by a set number of qualified voters. For the 2026 primary, the filing fee is $3,750 for Governor and $750 for state representative. The petition alternative requires 5,000 valid signatures for Governor or 500 for state representative.¹¹

The 2026 primary filing window opened November 8, 2025, and closed at 6:00 p.m. on December 8, 2025. Late applications are not accepted under any circumstances. Write-in candidates have a separate, earlier deadline. Independent candidates file after the primaries and must submit a petition with signatures equal to a percentage of votes cast in the most recent gubernatorial election.¹²

Campaign Finance Rules

The Texas Ethics Commission enforces campaign finance law under Title 15 of the Election Code. Texas is permissive on the donor side: candidates may accept unlimited contributions from individuals and political action committees. Direct corporate and labor union contributions to candidates are prohibited, though corporations and unions can form PACs that collect voluntary contributions from employees or members.

Judicial Contribution Limits

Judicial candidates face tighter caps under the Judicial Campaign Fairness Act. An individual may contribute no more than $5,000 per election cycle to a candidate for statewide judicial office. Members of the same law firm are collectively capped at six times the applicable individual limit, or $30,000 for statewide races. Judicial candidates also observe fundraising blackout periods outside designated election windows.¹³

Disclosure and Reporting

Candidates, officeholders, and PACs file periodic reports listing every contribution received, expenditure made, and outstanding debt. Contributions of $110 or less from a single donor during a reporting period may be reported as a lump sum; larger contributions require the donor’s name, address, and amount.¹⁴

In non-election years, reports are due semiannually on January 15 and July 15. During election cycles, opposed candidates also file 30 days and 8 days before the election. If a candidate receives contributions totaling more than $2,290 from a single source during the nine days before an election, a special pre-election report is due by the end of the next business day. That $2,290 is the inflation-adjusted version of the original $1,000 statutory threshold.¹⁵

Late filings draw fines from the Ethics Commission, and repeated violations increase the penalties. Serious cases can be referred to the Attorney General.

How Campaign Money Can Be Spent

There is no overall cap on campaign spending for most candidates, but campaign funds cannot be used for personal expenses such as mortgage payments, vacations, or vehicle purchases unrelated to the campaign. After an election, surplus funds must be accounted for. Officeholders can return money to donors, donate to charity, or transfer the balance to a future campaign. Misuse of campaign funds can trigger civil penalties or criminal charges.

Military and Overseas Voters

Active-duty service members, their spouses and dependents, and U.S. citizens abroad are covered by the Uniformed and Overseas Citizens Absentee Voting Act. UOCAVA requires Texas to transmit absentee ballots to these voters no later than 45 days before a federal election if the voter submitted a valid request by that point. Balloting materials travel postage-free under federal postal law.¹⁶

Military and overseas voters register and request their ballot using a single form, the Federal Post Card Application. If a ballot does not arrive in time, the voter can use a Federal Write-In Absentee Ballot as a backup for federal races, and Texas must accept it. State paper-weight or envelope requirements cannot be used to reject it.¹⁶

Accessibility and Language Access

Federal law requires polling places to be physically accessible under the Americans with Disabilities Act, covering parking, entrance routes, door hardware, and the reach range of voting equipment. If the voting area sits on a different floor from the entrance, an independently operable elevator or lift must be available.

A voter who needs help because of blindness, disability, or inability to read may bring an assistant of their choice into the voting booth. The only people barred from assisting are the voter’s employer or the employer’s agent, and officers or agents of the voter’s union.¹⁷

In counties where more than 5 percent of voting-age citizens, or more than 10,000 voting-age citizens, belong to a single language minority group and are limited-English proficient, voting materials must be provided in that group’s language alongside English. That covers ballots, registration notices, forms, and instructions. For languages that are primarily oral or historically unwritten, the jurisdiction provides oral assistance instead of written translations. These bilingual requirements remain in effect through at least August 2032.¹⁸

Penalties for Violating the Election Code

Illegal voting is a second-degree felony in Texas, punishable by 2 to 20 years in prison and a fine of up to $10,000. An attempt to vote illegally is a state jail felony. The offense was briefly reclassified as a Class A misdemeanor in 2021 under SB 1, then elevated back to a second-degree felony in 2023.¹⁹

Election officials who tamper with ballots face felony prosecution. Knowingly removing voted ballots from a ballot box in an unauthorized manner is a third-degree felony, carrying 2 to 10 years in prison. Obstructing poll watchers or interfering with their lawful observation can also result in criminal charges. The Attorney General’s office has dedicated resources for investigating and prosecuting these cases statewide.¹

Campaign finance offenses run on a separate track. Failing to file a required disclosure report, or filing late, draws Ethics Commission fines. Knowingly submitting a false campaign finance report can lead to criminal charges, and the Commission may refer serious cases to the Attorney General.

1
Office of the Attorney General. Election Integrity
2
State of Texas. Texas Election Code Chapter 13 – Eligibility for Registration
3
VoteTexas.gov. Volunteer Deputy Registrars
4
VoteTexas.gov. Texas Voter ID Requirements
5
Office of the Texas Secretary of State. Important Election Dates 2025-2026
6
State of Texas. Texas Election Code Chapter 82 – Eligibility for Early Voting
7
State of Texas. Texas Election Code Section 63.011 – Provisional Voting
8
Office of the Law Revision Counsel. 52 USC 21082 – Provisional Voting and Voting Information Requirements
9
Office of the Texas Secretary of State. Election Advisory No. 2024-06
10
State of Texas. Texas Election Code Chapter 33 – Watchers
11
Office of the Texas Secretary of State. Filing in the 2026 Republican or Democratic Primary Election
12
Office of the Texas Secretary of State. Important Dates for the Party Conventions, Primary Elections, and General Election
13
Texas Statutes. Texas Code Title 15 Chapter 253 Subchapter F – Judicial Campaign Fairness Act
14
Texas Ethics Commission. Campaign Finance Reports – Threshold Adjustments
15
Texas Ethics Commission. Campaign Finance Guide for Candidates and Officeholders Who File with the Texas Ethics Commission
16
Congress.gov. Absentee Voting for Uniformed Services and Overseas Citizens – Roles and Process, In Brief
17
Office of the Law Revision Counsel. 52 US Code 10508 – Voting Assistance for Blind, Disabled or Illiterate Persons
18
Office of the Law Revision Counsel. 52 USC 10503 – Bilingual Election Requirements
19
State of Texas. Texas Election Code Section 64.012 – Illegal Voting