1. 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

2. Three Types of Challenges
Challenge of Applicant
(13.072, )
(by VR before registered)
Challenge of Registration
( )
(by another registered voter)
Challenge of Cancellation of Registration
(16.036, )
(by voter after VR cancels voter record)
11/24/2018
Texas Secretary of State Elections Division

3. 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

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

5. 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

6. 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 of the Code and appears eligible for registration.
Sec TEC
11/24/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

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

8. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

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

10. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

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

12. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

13. 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 , TEC
11/24/2018
Texas Secretary of State Elections Division

14. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

15. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

16. 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 , TEC
11/24/2018
Texas Secretary of State Elections Division

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

18. 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

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

20. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

21. 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 (A Notice of Address Confirmation with Response Device)
Sec TEC
11/24/2018
Texas Secretary of State Elections Division

22. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

23. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

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

25. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

26. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

27. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

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

29. Challenge of Cancellation of Registration
Who?
A voter whose registration is cancelled under Section 16.03(a)(3), , 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 TEC
11/24/2018
Texas Secretary of State Elections Division

30. 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 , TEC
11/24/2018
Texas Secretary of State Elections Division

31. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

32. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

33. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

34. 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 TEC
11/24/2018
Texas Secretary of State Elections Division

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