Texas Secretary of State Elections Division 11/24/2018 CHALLENGES 11/24/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Three Types of Challenges Challenge of Applicant (13.072, 13.074-13.079) (by VR before registered) Challenge of Registration (16.091-16.095) (by another registered voter) Challenge of Cancellation of Registration (16.036, 16.061-16.066) (by voter after VR cancels voter record) 11/24/2018 Texas Secretary of State Elections Division

Challenge to Voter Registration What is the difference between a signed statement and a sworn statement? A sworn statement must be attested to by a notary public or other eligible officer, while a signed statement must only include the individual’s signature to be effective. 11/24/2018 Texas Secretary of State Elections Division

Challenge of Applicant 11/24/2018 Texas Secretary of State Elections Division

Challenged Applications Texas Secretary of State Elections Division 11/24/2018 Challenged Applications Reasons to Challenge an Application Title Wording on Form Not a U.S. Citizen You are not a U.S. Citizen. Underage You are under 17 years, 10 months of age. Convicted of a Felony You have been convicted of a felony. Mental Incompetence: You have been determined by a final judgment of a court exercising probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote. Deceased The information you provided appears to match the record of a deceased person. Improper Delivery Your application was submitted in the following unauthorized manner: ______________ REMINDER: Current law does not permit you to challenge an application based on residency or registration at a business address. 11/24/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Challenge of Applicant Texas Secretary of State Elections Division 11/24/2018 Challenge of Applicant Who? Voter Registrar can challenge an applicant’s registration if: VR has reason to believe applicant is not eligible for registration, OR Application was submitted in an unauthorized manner. NOTE: Applicant first must submit application that complies with 13.002 of the Code and appears eligible for registration. Sec. 13.074 TEC 11/24/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Challenge of Applicant When? No later than the 2nd day after the date they application is determined to comply with Section 13.002 of the Code Should occur not later than the 9th day after application is submitted to the registrar (Sections 13.071(b) & (13.074(c)). Sec. 13.075 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Applicant How? (13.074) Registrar MUST indicate on the application that the VR is challenging either the applicant’s eligibility or manner of submission of the application. Registrar MUST indicate the date of challenge on the application. Sec. 13.074 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Applicant Notice of Challenge VR can challenge applicant in writing or orally, if in applicant’s presence. Sec. 13.075 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Applicant If challenged in Writing… VR MUST deliver written notice no later than the 2nd day after the date of challenge. Notice MUST include Date of Challenge Statement of grounds of Challenge Explanation of applicant’s right to hearing and right to appeal VR’s decision. Sec. 13.075 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Applicant If challenged in voter’s presence… VR must ORALLY explain Grounds for challenge Applicant’s right to hearing and appeal. BEST PRACTICE Provide voter copy of Challenge paperwork: Notice of Challenge, Request for Hearing, and Notice of Hearing. Sec. 13.075 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Applicant Hearing If applicant receives written notice of challenge, hearing request must be in writing and signed 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. Sec. 13.076 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Applicant Hearing Upon receipt of timely request, registrar must schedule hearing. Scheduled for either no later than 10th day after date request is filed, 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. Secs. 13.077, 13.078 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Applicant Hearing 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. Sec. 13.077 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Applicant Determination 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. Applicants ending up registered – copy is retained in Active Application File Applicants ending up rejected – copy is retained in Inactive Rejected Application File. Sec. 13.079 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Applicant Outcome VR must either approve the application and proceed with registration, OR Reject the application. Decision must be retained on file with voter’s application (either Active Application File or Inactive Rejected Application File). Copy of Decision must be delivered to applicant. Adverse decision can be appealed to district court. Secs. 13.079, 13.080 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge to Voter Registration 11/24/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/24/2018 Reasons for Challenge Reasons One Registered voter may challenge another Eligibility Residency Not a U.S. Citizen Voter does not reside at address Underage Convicted of a Felony Mental Incompetence Deceased Eligibility Challenges following the Hearing procedure Residency Challenges do not undergo a hearing. 11/24/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Challenge to Voter Registration Who? Any registered voter may challenge the registration of another voter of the same county. Sec. 16.091 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge to Voter Registration How? By filing a sworn statement of grounds for challenge with voter 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. Sec. 16.092 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge to Voter Registration Residency If the sworn statement alleges a ground based on residency, and is filed on or before the 75th day before the date of the general election for state and county officers VR is required to promptly deliver to challenged voter a confirmation notice under Section 15.051. (A Notice of Address Confirmation with Response Device) http://www.sos.texas.gov/elections/forms/vrformsindex.shtml Sec. 16.0921 TEC 11/24/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Residency If challenged voter fails to submit a response, registrar must enter challenged voter’s name on the suspense list. The challenged voter is not removed from the list of registered voters. NOTE: If challenge is filed with the VR after the 75th day before the general election for state and county officers, VR shall NOT deliver a confirmation notice until after the date of the election. Sec. 16.0921 TEC 11/24/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Hearing 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. Sec. 16.093 TEC 11/24/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Notice of Hearing 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. Sec. 16.094 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge to Voter Registration Hearing 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. Sec. 16.093 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge to Voter Registration Determination Registrar must “promptly” determine challenge after hearing and considering evidence and must issue written decision. A copy of decision must be kept with the voter’s file, and a copy must be delivered to each party. As with a Challenge to an Application, you are only required to maintain the Determination and not all of the corresponding paperwork. Sec. 16.095 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge to Voter Registration Outcome If registrar determines challenged voter’s registration should not be cancelled, 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. Adverse decision can be appealed to district court. Sec. 16.095 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Cancellation of Registration 11/24/2018 Texas Secretary of State Elections Division

Challenge of Cancellation of Registration Who? A voter whose registration is cancelled under Section 16.03(a)(3), 16.033, 16.0332 of the Code can challenge the cancellation at a hearing before the voter registrar. NOTE: VR must mail a Notice of Cancellation to Voter informing them of the cancellation of their registration. Sec. 16.061 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Cancellation of Registration How? Person wanting to challenge cancellation must file with the VR a written, signed request for a hearing on the challenge. Upon receiving hearing request, the VR SHALL reinstate the voter’s registration pending the determination of the challenge. Secs. 16.062, 16.063 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Cancellation of Registration Notice of Hearing VR shall conduct the hearing no later than the 10th day after request is filed or on a later day on request of the challenging voter VR Shall deliver written notice of the date, hour, and place set for the hearing no later than the second day after the date the hearing request is filed. Sec. 16.065 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Cancellation of Registration Hearing Voter may appear personally to offer evidence or argument or may submit an affidavit to the registrar before hearing begins in lieu of appearing personally. Sec. 16.064 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Cancellation of Registration Determination After hearing evidence or argument, the VR shall promptly determine the challenge and issue a decision in writing. A copy of decision must be kept with the voter’s file, and a copy must be delivered to the voter. As with a Challenge to an Application, you are only required to maintain the Determination and not all of the corresponding paperwork. Sec. 16.066 TEC 11/24/2018 Texas Secretary of State Elections Division

Challenge of Cancellation of Registration Outcome If registrar determines that the registration should NOT have been cancelled, registration continue in effect. If registrar determines cancellation was proper, registrar must cancel registration on 31st day after date of decision. Sec. 16.095 TEC 11/24/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Thank You 11/24/2018 Texas Secretary of State Elections Division