challenges to voter registration applications and registered voters

Texas Secretary of State Elections Division 104/15/2023

CHALLENGES TO VOTER REGISTRATION APPLICATIONS AND REGISTERED

VOTERS

31st ANNUAL ELECTION LAW SEMINAR

COUNTY ELECTION OFFICIALS

Who may challenge a voter registration application?§ 13.074(a)

County voter registrar (“registrar”)

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When may registrar challenge a voter registration application?§13.074(c)

No later than the 2nd day after date application is determined to comply with Section 13.002.


What is the basis for registrar to challenge a voter registration application?

§ 13.074(a)(1) Application must comply with Section

13.002. That is: In writing and signed. Applicant’s first name, middle name, if any, last

name and former name, if any. Applicant’s birth month, day and year.



Statement that US citizen. Statement that resident of county Statement that not been determined by final

judgment of court having probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote.

Statement that not convicted of a felony or if convicted that sentence has been discharged.


Applicant’s residence address (or mailing address plus concise description of residence location).

Applicant’s TDL or personal ID card number issued by DPS.

Applicant’s last four digits of SSN, if has not been issued a number by DPS.

Applicant’s statement that has neither SSN nor DPS number.


(2) Applicant must appear eligible for registration.(3) Registrar has reason to believe applicant is not eligible for registration or that application was submitted in an unauthorized manner.

How does registrar show the challenge?§ 13.074(b)

Indicates on application:• applicant’s eligibility or manner of submission

of application has been challenged, and• date of challenge.


Notice to Applicant§ 13.075

• Registrar must deliver written notice of challenge not later than 2nd day after date of challenge, unless challenge made in applicant’s presence.


Notice to Applicant (con’t)

• Notice, whether in writing or made in applicant’s presence, must include:– Date of Challenge– Statement of grounds of challenge– Brief explanation of right to hearing and right to

appeal decision


Hearing§§ 13.076, 13.077, 13.078

• Upon applicant’s request, applicant is entitled to a hearing.– If applicant receives written notice of challenge,

hearing request must be in writing and filed with registrar not later than 10 days after date of challenge.

– If challenge made in applicant’s presence, applicant’s oral request is sufficient.


Hearing (con’t)

• Upon receipt of timely hearing request, registrar must schedule hearing.

• Hearing must be conducted not later than 10th day after date request is filed or made, or at a later date at applicant’s request.

• Registrar must deliver written notice of date, time and place of hearing not later than 2nd day after request is made in writing.


Hearing (con’t)• If challenge made in applicant’s presence and if

applicant orally requests hearing, hearing may be conducted at that time with applicant’s consent.

• Applicant may appear personally at hearing to offer evidence or argument. Applicant may offer affidavit evidence or argument without appearing if submitted to registrar before hearing begins.


Determination§ 13.079

• Registrar must “promptly” determine challenge after hearing and considering evidence and must issue written decision.

• A copy of decision must be kept with applicant’s registration application, and a copy must be delivered to applicant.


Determination (con’t)

• If registrar determines applicant is eligible for registration or that the manner of submission of application was authorized, registrar must approve application.

• If registrar determines applicant is not eligible for registration or that manner of submission of application was unauthorized, registrar must reject application.


Who may challenge a voter’s registration?§ 16.091

Any registered voter of the same county.


How does a voter do a challenge?§ 16.092

• By filing a sworn statement of grounds for challenge with registrar.

• Sworn statement must: Contain an affidavit Identify voter whose registration is being

challenged State specific qualification for registration that

challenged voter does not meet based on personal knowledge of challenging voter.


If the challenge is based on residency…..§ 16.0921

If the sworn statement alleges a ground based on residence, and if the sworn statement is filed on or before the 75th day before the date of the general election for state and county officers, registrar is required to promptly deliver to challenged voter a confirmation notice under Section 15.051.



If challenged voter fails to submit a response to registrar in accordance with Section 15.053, registrar must enter challenged voter’s name on the suspense list. The challenged voter is not removed from the list of registered voters.


Registrar may not deliver a confirmation notice resulting from a sworn statement filed after the 75th day before the date of the general election for state and county officers until after the date of the election. This restriction does not apply to a person who submits a registration application after the 75th day and prior to the 30th day before the general election.

Hearing§§ 16.093, 16.094

• Registrar must schedule hearing on challenge (other than a challenge based on residency) to be held not later than the 20th day after sworn statement is filed, or a later date requested by either party and agreed to by both parties.


Hearing (con’t)

• Registrar must deliver written notice of hearing to each party not later than the 15th day before hearing.

• Notice must include:– Date, time, and place of hearing;– Explanation of right to appeal decision; and– To the challenged voter, a copy of the sworn

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Hearing (con’t)

• Party may appear personally at hearing to offer evidence or argument.

• Party may offer evidence or argument by affidavit without personally appearing, if affidavit submitted to registrar before hearing begins.


Determination§ 16.095

• Registrar must “promptly” determine challenge after hearing and considering evidence and must issue written decision.

• A copy of decision must be kept with voter’s duplicate certificate, and a copy must be delivered to each party.


Determination (con’t)

• If registrar determines challenged voter’s registration should not be canceled, the registration remains in effect.

• If registrar determines challenged voter’s registration should be canceled, registrar must cancel registration on 31st day after date of decision.


Right to Appeal Decision§§ 17.001, 17.002

• Applicant for voter registration is entitled to appeal adverse decision of registrar under Section 13.079.

• Party to a challenge under Section 16.091 is entitled to appeal an adverse decision of registrar.


Appeal Procedures§§ 17.003 – 17.007

• Appeal is by petition for review filed in district court by party desiring to appeal.

• Appeal must be filed not later than the 30th day after the date the adverse decision is issued.

• Citation is issued and served in manner provided by law for civil suits generally.


Appeal Procedures (con’t)

• Not later than the deadline for filing petition for review, petitioner must deliver copy of petition to registrar.

• If a voter’s registration is to be canceled following a decision from which an appeal is taken, registrar shall delay cancellation pending outcome of appeal, on timely delivery of copy of petition for review.


Appeal Procedures (con’t)• Venue is in the county served by registrar who issued

decision from which appeal taken.• Review by district court is by trial de novo.• District court must try all issues of fact and law raised

by pleadings in manner applicable to civil suits generally.

• Court may not admit in evidence the fact of prior action by registrar except to establish jurisdiction.


Finality of Appeal§ 17.008

The decision of district court is final and not appealable.


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