Confidentiality Overview 2/19/2019 Texas Secretary of State

Not included in this presentation Texas Secretary of State Elections Division 2/19/2019 Not included in this presentation Department of Public Safety’s (DPS) Alternate Address Program Attorney General’s Address Confidentiality Program (Texas Administrative Code RULE §81.38) https://www.texasattorneygeneral.gov/cvs/the-address-confidentiality-program-acp 2/19/2019 Texas Secretary of State Texas Secretary of State Elections Division

Portions of Applicable Code The National Voting Rights Act of 1993 Section 13.004, Texas Election Code Section 13.0021, Texas Election Code Section 15.0215, Texas Election Code Subchapter B, Chapter 72, Texas Government Code Section 552.1175, Texas Government Code AG Opinion + Chapter 18, Texas Election Code 2/19/2019 Texas Secretary of State

What information is Confidential for any Registered Voter? Under the NVRA : voter source code Under 13.004, Election Code: a social security number; a Texas driver's license number; a number of a personal identification card issued by the Department of Public Safety; an indication that an applicant is interested in working as an election judge (an exception applies) EXCEPTION: Election worker interest may be shared with Local Party Chairs (HB4034) 2/19/2019 Texas Secretary of State

What about Date of Birth? Date of Birth is confidential for ALL voters, unless the request is for a list of voters with voter information under Chapter 18 of the Texas Election Code. When providing a list of voters, Date of Birth may be released. Date of Birth may only be released if the requestor is seeking a list of voters with voter information under Chapter 18 of the Texas Election Code. (AG Opinion + TEC Chapter 18) 2/19/2019 Texas Secretary of State

What about Date of Birth? Sec. 18.005. FORM AND CONTENTS OF LIST. (a) Each original and supplemental list of registered voters must: (1) contain the voter's name, date of birth, and registration number as provided by the statewide computerized voter registration list; (2) contain the voter's residence address, except as provided by Subsections (b) and (c) or Section 18.0051; (3) be arranged alphabetically by voter name; and (4) contain the notation required by Section 15.111. Code references on this slide are to Election Code. 2/19/2019 Texas Secretary of State

Information prohibited from being posted on a website: Under Section 13.004(d), Election Code, the voter registrar or other county official who has access to the information furnished on a registration application may not post the following information on a website: (1) a telephone number; (2) a social security number; (3) a driver's license number or a number of a personal identification card; (4) a date of birth; or 2/19/2019 Texas Secretary of State

Information prohibited from being posted on a website: Under Section 13.004(d), Election Code, the voter registrar or other county official who has access to the information furnished on a registration application may not post the following information on a website: (5) the residence address of a voter who is a federal judge or state judge, as defined by Section 13.0021, or the spouse of a federal judge or state judge, if the voter included an affidavit with the application under Section 13.0021 or the registrar has received an affidavit submitted under Section 15.021 2/19/2019 Texas Secretary of State

Can a voter request that additional information be restricted? Yes. Individuals qualifying under one of the three lists designated in Election Code or Government Code may request or obtain additional information be considered confidential. From a voter registration perspective, this includes (above and beyond what is designated confidential for any registered voter or applicant) the address supplied on the voter registration application (including the address entered into TEAM) and, in some circumstances, the phone number on the voter registration application, which the registrar is prohibited by law from transcribing under Section 13.004(a), Election Code. 2/19/2019 Texas Secretary of State

Who qualifies for additional confidentiality requests? Texas Secretary of State Elections Division 2/19/2019 Who qualifies for additional confidentiality requests? The three portions of State Law under which a person may qualify to submit a request for additional confidentiality are: Texas Election Code 13.0021 Texas Election Code Section 13.004 Texas Government Code 552.1175 Note: Each portion of code contains a list of individuals eligible to qualify under that portion of code. 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Confidentiality SOS created a Confidentiality Request subheading under Voter Registration Forms on the website with three different Confidentiality Request forms available: http://www.sos.texas.gov/elections/forms/vrformsindex.shtml New 13.004 Request for Voter Address Confidentiality Updated 552.1175 Confidentiality Request for Voter Registration Purposes Updated Affidavit for Voter Registration Residential Address Confidentiality (Judicial) Mass E-Mail Advisory August, 22, 2017 2/19/2019 Texas Secretary of State

Texas Secretary of State Elections Division 2/19/2019 Texas Election Code Section 13.004 Any individual eligible to apply for confidentiality under this portion of code, must submit a form and a photocopy of documentation showing evidence of qualification. This would apply to: The applicant or specified persons in an applicant’s household who are victims of family violence, The applicant or specified persons in an applicant’s household who are victims of sexual assault or abuse, stalking or trafficking of persons, Participants in the Address Confidentiality Program Administered by the Attorney General. 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/19/2019 Texas Election Code Section 13.004 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/19/2019 Texas Election Code Section 13.0021 This is referred to as the Judicial Affidavit. Certain Judges, Magistrates, Associate Judges, Justices of the Peace, or Spouses of designated Judges may obtain confidentiality by submitting an Affidavit (notarized) to the voter registrar. Notifications under S.B. 42 being provided by the Office of Court Administration are treated in the same manner as if the qualifying person submitted this Judicial Affidavit. Qualified individuals under this provision of code may choose to file an application (with accompanying documentation) under 552.1175, Texas Government Code as well or in lieu of the Judicial Affidavit. 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/19/2019 Texas Election Code Section 13.0021 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/19/2019 Texas Government Code Section 552.1175 Any individual eligible to apply for confidentiality under this portion of code, must submit a form and a photocopy of documentation showing evidence of qualification. 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/19/2019 Texas Government Code Section 552.1175 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/19/2019 QUESTION: It looks like there are multiple avenues individuals listed under 13.0021, Election Code, to receive confidentiality, is that correct? ANSWER: Yes. Individuals under this portion of Code may be set to Confidential: Upon notification from the Office of Court Administration - (Section 72.016, Government Code) Upon receipt of an Affidavit (notarized): Affidavit for Voter Registration Residential Address Confidentiality (Judicial) - (Section 13.0021(5)(A), Election Code) Upon Receipt (including accompanying documentation) of notification under 552.1175: 552.1175 Confidentiality Request for Voter Registration Purposes (Section 552.1175, Government Code) 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/19/2019 Question: Is there a difference between confidentiality granted under Election Code and confidentiality granted under Government Code? Answer: In general, there are certain elements of a person’s information (such as TDL, SSN, Residential Address, etc.) that are common regardless of how the person requests or is granted confidentiality. It should be noted, however, that 552.1175, Government Code, provides additional levels of confidentiality as it pertains to a person’s phone number. Please check with your Public Information Officer or County Attorney if you receive a request for information which includes information relating to a person which may be confidential, before producing any information in response to the request. 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/19/2019 Under 552.1175 (h) - A governmental body that redacts or withholds information (TDL/SSN/DOB, etc.) “from any information the governmental body discloses” shall provide the following information to the requestor on a form prescribed by the attorney general: (1) a description of the redacted or withheld information; (2) a citation to this section; and (3) instructions regarding how the requestor may seek a decision from the attorney general regarding whether the redacted or withheld information is excepted from required disclosure. https://www.texasattorneygeneral.gov/files/og/ord_form1175.doc 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/19/2019 Question: Does 552.1175 list any exceptions to information deemed confidential not already covered? Answer: Yes. Under Subsection (d) and (e): tax appraisal records of an appraisal district to which Section 25.025, Tax Code applies, and all documents filed with a county or district clerk are exempt from confidentiality Please check with your Public Information Officer or County Attorney if you receive a request for information which includes information relating to a person which may be confidential, before producing any information in response to the request. 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/19/2019 Question: Can someone completing a 552.1175 form rescind their request? Answer: Yes. It must be done in writing, and it may only be rescinded if the individual is not a qualified judge for whom the county received notification from the Office of Court Administration. 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/19/2019 Question: How do I indicate (in TEAM) that someone is considered confidential? Answer: Once you have the appropriate paperwork or notification, then you will designate the voter record as Restrict Public Access, which by default also sets Website Suppression (meaning the person will not be able to locate himself through the “Am I Registered?” website). Offline counties complete this through Voter Import. Online Counties complete this through the Attributes portion of the Change Voter Screen. Any person designated as Restrict Public Access will have asterisks appear in lieu of their address on all reports requested for use for public purposes (Do Not Show Restricted). 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State What is the difference between Restrict Public Access and Website Suppression? Restrict Public Access is used for any individual qualifying for confidentiality who has submitted the appropriate paperwork (including supporting documentation if required) to the voter registrar or for whom the registrar received notification from the Office of Court Administration.   2/19/2019 Texas Secretary of State

Texas Secretary of State What is the difference between Restrict Public Access and Website Suppression? Website suppression can be used to suppress an individual’s information from the website (Am I Registered?) if they do not qualify for full suppression but have expressed concern to the county about their safety. We recommend a county obtain a written request from the voter and retain the request with the Active Application File. 2/19/2019 Texas Secretary of State

Texas Secretary of State Elections Division 2/19/2019 Question: What happens when an individual flagged as confidential moves and registers in another county? Answer: If the other county transfers the registration to their county, then Restrict Public Access remains on the voter’s record. A county may request the voter complete a confidentiality form for any voter for whom the county does not have a confidentiality request form or notification from the Office of Court Administration on file with the voter’s application. 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/19/2019 Question: What about other forms, such as candidate applications, etc.? Are those subject to confidentiality? Answer: Under Section 141.035, Election Code, an application for a place on the ballot, including an accompanying petition, is public information immediately on its filing. Please check with your Public Information Officer or County Attorney if you receive a request for information which includes information relating to a person which may be confidential, before producing any information in response to the request. 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/19/2019 Question: What about confirming registration for someone filing for office? What information can/should I provide? Answer: You may verbally or in writing confirm registration for a person designated as confidential the following: The individual is a registered voter (you can provide dates surrounding the registration, such as the “Registration Date” and “EDR”) The individual is registered within a specified territory – this is a confirmation of the district on the voter record and not the address. The individual’s current status. Voting History information. 2/19/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division