Seminar from Texas Secretary of State Elections Division

1. CHALLENGES TO VOTER REGISTRATION
APPLICATIONS AND REGISTERED
VOTERS
31st ANNUAL ELECTION LAW
SEMINAR
COUNTY ELECTION OFFICIALS
Texas Secretary of State Elections Division 16/10/2015

2. Who may challenge a voter registration application?
§ 13.074(a)
County voter registrar (“registrar”)
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3. 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.
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4. 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.
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 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.

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 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.

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(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.

8. 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.
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9. 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.
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10. 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
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11. 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.
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12. 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.
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13. 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.
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14. 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.
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15. 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.
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16. Who may challenge a voter’s registration?
§ 16.091
Any registered voter of the same county.
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17. 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.
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18. 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.
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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.

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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.

21. 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.
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22. 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
statement.
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23. 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.
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24. 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.
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25. 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.
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26. 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.
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27. 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.
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28. 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.
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29. 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.
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30. Finality of Appeal
§ 17.008
The decision of district court is final and not
appealable.
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