The U.S. District Court for the Western District of Texas, San Antonio Division (“the federal court”), issued an order in the federal redistricting case (“federal court order”) on February 28, 2012 adding to the statutory primary election day procedures by requiring notations to the list of registered voters to indicate convention attendance. For the primary runoff election, notations will also be required for convention attendance, as well as participation in primary. A voter who thinks the notation is incorrect may counteract this by taking the Affidavit of Non-Participation and Affiliation form (PDF) provided at the polling place.
In a primary election, the list of registered voters will indicate voters who participated in the conventions of the Republican or Democratic parties (i.e., who was admitted to the conventions). (Federal court order of February 28, 2012). If a voter attempts to vote in the May 29, 2012 party primary and the list indicates convention attendance in the other party, this initially makes the voter ineligible, and the ineligibility must be brought to the voter’s attention. If the voter believes the notation for convention attendance to be incorrect, the voter may complete the take the Affidavit of Non-Participation and Affiliation form indicating that they did not participate in that party’s convention and proceed to vote. It is not necessary for the voter to vote provisionally to counteract the record of convention activity. (Federal court order of February 28, 2012, Section 172.125.) Election officials are advised that the Affidavit of Non-Participation and Affiliation form is a separate form not currently included on the combination form; election officials are advised to note on the combination form that the Affidavit of Non-Participation form was used.
If the voter believes the notation for voting in the other party’s primary to be incorrect, and if the voter chooses not to execute the Affidavit of Non-Participation and Affiliation form and wishes to vote, then the voter must use the provisional voting procedure.
In a primary runoff election, the list of registered voters will denote: (1) voters who voted in the first primary of the opposite party (current law); and (2) voters who participated in the conventions of the Republican or Democratic parties (federal court order of February 28, 2012). If the voter believes the notations to be incorrect, the voter may take the Affidavit of Non-Participation and Affiliation form and proceed to vote, using the same procedures for the primary election.
A voter becomes affiliated with a political party when the voter votes in that party's primary. A person commits an offense if the person knowingly votes or attempts to vote in a primary election or participates or attempts to participate in a convention of a party after having voted in a primary election or participated in a convention of another party during the same voting year. (The voting year is January 1 through December 31.) [Sec. 162.014]
The completed Affidavit of Non-Participation and Affiliation forms should be placed in Envelope No. 4 for delivery to the county voter registrar.
Updated: April 13, 2012