1. Confidentiality Overview
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Texas Secretary of State

2. Not included in this presentation
Texas Secretary of State Elections Division
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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)
2/19/2019
Texas Secretary of State
Texas Secretary of State Elections Division

3. Portions of Applicable Code
The National Voting Rights Act of 1993
Section , Texas Election Code
Section , Texas Election Code
Section , Texas Election Code
Subchapter B, Chapter 72, Texas Government Code
Section , Texas Government Code
AG Opinion + Chapter 18, Texas Election Code
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Texas Secretary of State

4. What information is Confidential for any Registered Voter?
Under the NVRA :
voter source code
Under , 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

5. 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

6. What about Date of Birth?
Sec 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 ; (3) be arranged alphabetically by voter name; and (4) contain the notation required by Section Code references on this slide are to Election Code.
2/19/2019
Texas Secretary of State

7. Information prohibited from being posted on a website:
Under Section (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

8. Information prohibited from being posted on a website:
Under Section (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 , or the spouse of a federal judge or state judge, if the voter included an affidavit with the application under Section or the registrar has received an affidavit submitted under Section
2/19/2019
Texas Secretary of State

9. 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 (a), Election Code.
2/19/2019
Texas Secretary of State

10. 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
Texas Election Code Section
Texas Government Code
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

11. 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:
New  Request for Voter Address Confidentiality
Updated  Confidentiality Request for Voter Registration Purposes
Updated Affidavit for Voter Registration Residential Address Confidentiality (Judicial)
Mass Advisory August, 22, 2017
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Texas Secretary of State

12. Texas Secretary of State Elections Division
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Texas Election Code Section
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

13. Texas Secretary of State Elections Division
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Texas Election Code Section
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Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

14. Texas Secretary of State Elections Division
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Texas Election Code Section
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 , Texas Government Code as well or in lieu of the Judicial Affidavit.
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Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

15. Texas Secretary of State Elections Division
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Texas Election Code Section
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Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

16. Texas Secretary of State Elections Division
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Texas Government Code Section
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

17. Texas Secretary of State Elections Division
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Texas Government Code Section
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Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

18. Texas Secretary of State Elections Division
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QUESTION: It looks like there are multiple avenues individuals listed under , 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 , Government Code)
Upon receipt of an Affidavit (notarized): Affidavit for Voter Registration Residential Address Confidentiality (Judicial) - (Section (5)(A), Election Code)
Upon Receipt (including accompanying documentation) of notification under : Confidentiality Request for Voter Registration Purposes (Section , Government Code)
2/19/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

19. 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 , 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

20. Texas Secretary of State Elections Division
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Under (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.
2/19/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

21. Texas Secretary of State Elections Division
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Question: Does 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 , 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

22. Texas Secretary of State Elections Division
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Question: Can someone completing a 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

23. Texas Secretary of State Elections Division
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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

24. 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

25. 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

26. 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

27. 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 , 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

28. 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