A Texas resident with a final felony conviction cannot register to vote in the state. However, these voting rights can be restored. In 1997, then-Gov George Bush signed a law that allows those who have completed the required punishment(s) for their felony conviction, whether a pardon, parole, probation, or a prison sentence to register or re-register to vote in Texas. An individual with a felony conviction must re-register to vote after completing their punishment before they can appear at the polls. There has been confusion regarding the definition of a final felony conviction–the following list provides further detail:
- Deferred adjudication, or a type of probation that avoids a conviction if the individual completes the required terms, is not considered a final felony.
- A conviction on appeal is not considered a final felony.
- Indictment, mere prosecutions, and other criminal procedures that lead up to, but do not yet result in the final conviction, are not considered a final felony.
If you try and go around the rules, there will be consequences. The Texas Department of Public Safety sends information on everyone with a final conviction to the Texas Secretary of State each week. The Secretary of State takes everything into consideration, including the risk of documenting an individual who was convicted under an alias, as well the possibility of a convicted felon to use an alias when registering to vote. Individuals with final felony convictions are analyzed very closely, and the likelihood of successfully voting without completing the required punishments is slim to none. If you vote before completing your sentence, the Texas attorney general’s office and local district attorneys’ offices can and will prosecute you. It is important to know your state’s voting laws because one simple mistake could result in another charge on your criminal record.