Know Your Rights, Plan Amid Record Voting Levels: Austin Mayor

Tony Cantu
Updated ·12 min read

AUSTIN, TX — Records were broken in the first four days of early voting that began Tuesday across the Austin region, with more than 186,000 residents casting ballots during that period — shattering the pace of voting in 2016 and 2018, according to city officials.

Austin Mayor Steve Adler on Saturday urged residents to keep up the momentum. "Make your plan to vote by Oct. 30, and vote early!" he wrote in an email to residents subscribing to his newsletter. "It’s important to vote," the mayor added. "No matter how hard it is to get it done. No matter the barriers or difficulties you might face."

That record-breaking momentum is no abstraction or based on anecdotal evidence but buttressed by immutable statistics. According to local election officials, a record 97 percent of Travis County’s estimated 850,000 eligible voters are registered to vote. To ensure further voter participation, the mayor provided a checklist for those planning to vistit the polls.

How to Make A Plan to Vote

  • When do you want to go? Pick a date and time that works for your schedule and add it to your calendar!

  • Where will you go? Find the polling place that works for you here.

  • Who will you take? Voting can be even more fun when you do it w/ your family or pod friends! Make a plan to vote on the same day, abiding by social distancing guidelines and wearing masks.

  • What do you need once you're there? Remember that in Texas you must show your ID to vote. For more info, head here. Don’t forget to also bring a mask and your own pen! Let’s do our part to keep ourselves and the poll workers safe this election period.

"We must all vote in such great numbers there can be no mistakes," the mayor said.

List of Travis County Early Voting Sites

The specter of the coronavirus this year has added a new anxiety for voters — a concern exacerbated after the Texas Supreme Court ruled lack of immunity alone to COVID-19 is not a sufficient reason to qualify a person to vote by mail under allowances made for those with disabilities. The Court also said that "...a voter can take into consideration aspects of his health and his health history that are physical conditions in deciding whether, under the circumstances, to apply to vote by mail because of disability."

Despite the ruling, the mayor added, voters have inherent rights in casting their ballots. He pointed to tips issued by the ACLU designed to safeguard voters' rights. The website provides various scenarios that may emerge for voters ranging from exercising one's rights to combating voter intimidation:

The ACLU also provides potential challenges that might emerge when preparing to vote, with advice on overcoming such scenarios:

I’m afraid to vote in person due to COVID-19

Your rights

  • You are eligible to vote by mail if:

    • You are sick or disabled.

    • You are 65 years or older.

    • You are confined in jail, but otherwise eligible to vote.

    • You will be out of the country on election day and during the period for early voting.

  • The Texas Supreme Court has ruled that lack of immunity alone to COVID-19 is not sufficient to qualify an individual vote by mail under the disability category. The Court also said that "a voter can take into consideration aspects of his health and his health history that are physical conditions in deciding whether, under the circumstances, to apply to vote by mail because of disability."If you determine that you qualify to vote by mail, you do not need to provide proof of your qualification or otherwise indicate your reasoning beyond checking a box that indicates the category under which you fall (over 65, disability etc.). The County Clerk must process your application if you fill out the form and does not have authority to investigate your reason for checking any particular box.

  • To find out more about your ability to vote by mail, visit your county elections website or file a request for information about your specific county.

  • You can also find out more about the process for voting by mail (complete with a downloadable application) from the Texas Secretary of State website.

I registered to vote, but the poll worker says I'm not on the list of registered voters

Your rights

  • All voters are entitled to a provisional ballot, even if they are not in the poll book.

  • After Election Day, election officials must investigate whether you are qualified to vote and registered; if you are, they must count your provisional ballot.

What to do

  • Ask the poll worker to double check for your name on the list of registered voters.

  • If your name isn’t there, ask if there is a supplemental list of voters (sometimes, voters who register closer to Election Day are placed on a supplemental list of registered voters).

  • You may also request that the poll workers check a statewide system, if one is available, to see if you are registered to vote at a different polling place.

  • If they still can’t find your name, ask for a provisional ballot.

Additional information

  • If you are turned away or denied a provisional ballot, you can call the Election Protection Hotline (1-866-OUR-VOTE or 1-888-VE-Y-VOTA) and the U.S. Department of Justice Voting Rights Hotline: 800-253-3931; TTY line 877-267-8971.

  • You can also contact your county clerk, elections commissioner, elections supervisor; or your state board of elections.

I need accommodations for my disability or limited English proficiency

Your rights

  • Under federal law, all polling places for federal elections must be accessible to disabled and elderly voters, or must provide alternate means for casting a ballot on the day of the election.

  • Under federal law, all limited English proficiency voters and voters with disabilities may obtain assistance in voting from a person of their choice, as long as this person is not the voter’s employer, or an agent of the employer or of the voter’s union.

  • In some places (those covered by Section 203 of the Voting Rights Act), trained bilingual poll workers must be available to provide assistance in the relevant language, and ballots, written forms, and information relating to the voting process must be available in the covered language.

  • All polling places for a federal election must have at least one voting system that makes voting accessible in a private and independent manner to voters with disabilities.

  • Voters with disabilities cannot be turned away from the polls because a poll worker thinks they do not have the capacity to vote.

What to do

  • If possible, bring a family member, friend, or other person of your choice to assist you at the polls. Don’t bring your employer, or an agent of your employer or union.

  • Tell the poll workers that you have chosen this person to assist you with voting. You may be required to swear under oath that you have difficulty speaking, reading, writing, or understanding English and have asked this person to help, and the person helping you may be required to sign a form swearing that they did not tell you how to vote.

  • Request oral assistance from a bilingual poll worker if you have questions, and ask for voting materials, such as your ballot, in your language. (Note: Not all jurisdictions and counties require polls to provide bilingual voting materials or language assistance.)

Someone is interfering with my right to vote

Examples of voter intimidation

  • Aggressively questioning voters about their citizenship, criminal record, or other qualifications to vote, in a manner intended to interfere with the voters’ rights.

  • Falsely representing oneself as an elections official.

  • Spreading false information about voter requirements, such as an ability to speak English, or the need to present certain types of photo identification (in states with no such requirement).

  • Displaying false or misleading signs about voter fraud and related criminal penalties

  • Other forms of harassment, particularly harassment targeting non-English speakers and voters of color

What to do if you experience voter intimidation

  • You can report intimidation to the Election Protection Hotline by calling 1-866-OUR-VOTE or 1-888-VE-Y-VOTA (en Español).

  • You can also contact the U.S. Department of Justice Voting Rights Hotline: 800-253-3931; TTY line 877-267-8971

  • Reach out to local and state officials, including poll workers; your county clerk, elections commissioner, elections supervisor; or your state board of elections.

I don't know what forms of ID I need to vote

I’m not sure what forms of identification I need to bring to vote
You do not have to bring your voter registration card to vote. For more detailed information visit our voter identification page. The following are acceptable forms of identification:

  • Texas driver's license.

  • Election identification certificate (a photo ID for voting).

  • Personal identification card from the Texas Department of Public Safety.

  • U.S. military ID card with your photo.

  • U.S. citizenship certificate with your photo.

  • U.S. passport.

  • License to carry a concealed handgun from the Texas Department of Public Safety.

I don’t have the right kind of identification

You can still vote! If you are a registered voter who couldn’t obtain one of the above forms of ID, you can still cast a regular ballot. Here's how:

  • Tell the poll worker you want to complete a “reasonable impediment declaration.” This simple document lets you explain the difficulty that prevented you from getting a photo ID. Reasonable impediments to getting a photo ID include work schedule, lack of transportation, disability or illness, family responsibilities, lost or stolen identification, lack of documents needed to obtain a photo ID, and photo ID applied for but not received.

  • Fill out the form and present it to the poll worker. Poll workers can’t question or challenge you about not having a photo ID, or the reason you give on your “reasonable impediments declaration.”

  • Show one of the following documents:

    • Current utility bill

    • Bank statement

    • Paycheck

    • Voter Registration Certificate

    • Certified birth certificate

    • Texas driver license

I don't know if I'm eligible to vote

You are eligible to vote if:

  • You are a U.S. citizen.

  • You are a resident of the state and of the county where you are trying to vote.

  • You are 18 years old (you can register to vote if you are at least 17 years and 10 months old and will be 18 on Election Day).

  • You registered before the deadline.

  • If you have been finally convicted of a felony, you have completed your sentence, including any term of incarceration, parole, supervision or probation.

  • You have not been declared by a court exercising probate jurisdiction to be either totally mentally incapacitated or partially mentally incapacitated without the right to vote.

I don't know if I'm registered to vote

You can check the Texas Secretary of State website to see if you are registered to vote.

I have moved or changed my name

  • If you move to another county:

    • You will need to re-register to vote at least 30 days before the election. You will be registered 30 days after the application is submitted.

    • If you do not re-register, you may vote a limited ballot for statewide elections only at the main early voting polling place in your county and only during early voting; you will not be able to vote on Election Day.

  • If you move within the county:You will be able to vote in your new precinct 30 days after you submit your address change.

    • The easiest way to update your address is online at the official Texas Voter Registration and Name Address page.

    • You can also notify the County Voter registrar in writing by:

      • Updating your address on the back of your current voter registration certificate

      • Filling out a new voter registration application form and checking the “change” box

      • Changing your voter registration at the same time you update your address on your identification at DPS

    You will be able to vote in your new precinct 30 days after you submit your address change.If you do not have your updated certificate with you when you go to vote, you must sign an affidavit and present a form of identification at the polling place.

    • What if I miss the 30 day deadline?

      • You can still vote in your former precinct if you still live in the same political subdivision.

    • If you change your name:

      • Same process as moving within the county

I don’t know which party can I vote for in a primary election or runoff

  • As long as you have not “affiliated” with a party that year, you may vote in either primary election – but not both. Affiliating with a party normally requires taking an oath. Also, if you signed a petition for a candidate, you can only vote in the primary of that candidate’s party. Affiliations expire at the end of the calendar year.

  • During run off elections you can only vote in the party you voted for during primary elections. For example, if you voted in the Democratic primary you can’t vote in the Republican run off election. If you didn’t vote in the primary, you can vote in either runoff – but not both.

I don't know where I can vote

  • If your county has county-wide polling, you can go anywhere in your county to vote.

  • If your county does not have county-wide polling, you can only vote at your designated polling location on election day.

  • A list of counties with county-wide polling is available at the Texas Secretary of State website.

This article originally appeared on the Austin Patch