Can I vote if I’m being prosecuted or if I have been indicted?

Yes, prosecution, indictment, and similar procedures which lead up to, but have not yet resulted in a felony conviction, are not considered finalized and therefore the individual can still vote. If that is the case, you have the ability to register to vote through the same means as all other eligible voters in the state of Texas.

Can I vote if I’m on deferred adjudication probation?

Yes, deferred adjudication is not considered a final felony conviction so you can vote. According to Code of Criminal Procedure Article 42A.101, deferred adjudication is not a final conviction. As a result, a person on felony deferred adjudication, who is otherwise eligible to vote, may vote in Texas.

Can I vote when my conviction on appeal is in process?

Yes, individuals can still vote if a conviction on appeal is in process because it is not considered a conviction. Individuals on deferred adjudication may also vote as “Deferred adjudication” is not a final felony conviction, per Article 42.12, Section 5 of the Texas Code of Criminal Procedure.

This information was written by Louis A. Bedford IV to provide Texans with updated information regarding their rights and the law as they vote in 2022. It is for informational purposes only and is not meant to replace legal advice.