CHAPTER 16. CANCELLATION OF REGISTRATION
ELECTION CODE
TITLE 2. VOTER QUALIFICATIONS AND REGISTRATION
CHAPTER 16. CANCELLATION OF REGISTRATION
SUBCHAPTER A. OFFICIAL NOTICE TO REGISTRAR
Sec. 16.001. DEATH. (a) Each month the local registrar of
deaths shall prepare an abstract of each death certificate issued
in the month for a decedent 18 years of age or older who was a
resident of the state at the time of death. The local registrar
of deaths shall file each abstract with the voter registrar of
the decedent's county of residence not later than the 10th day of
the month following the month in which the abstract is prepared.
(b) Each month the clerk of each court having probate
jurisdiction shall prepare an abstract of each application for
probate of a will, administration of a decedent's estate, or
determination of heirship, and each affidavit under Section 137,
Texas Probate Code, that is filed in the month with a court
served by the clerk. The clerk shall file each abstract with the
voter registrar not later than the 10th day of the month
following the month in which the abstract is prepared.
(c) Once each week, on a day specified by the secretary of
state, the Bureau of Vital Statistics shall furnish to the
secretary of state available information specified by the
secretary relating to deceased residents of the state.
Periodically, the secretary shall furnish to the appropriate
voter registrars information obtained from the bureau that will
assist in identifying the deceased registered voters of each
county.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch.
1105, Sec. 4, eff. January 1, 2006.
Acts 2007, 80th Leg., R.S., Ch.
607, Sec. 1, eff. September 1, 2007.
Sec. 16.002. MENTAL INCAPACITY. (a) Each month the clerk of
each court having proper jurisdiction to adjudge a person
mentally incapacitated shall prepare an abstract of each final
judgment of a court served by the clerk, occurring in the month:
(1) adjudging a person 18 years of age or older who is a
resident of the state to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the right to vote;
(2) adjudging the mental capacity of a person 18 years of age or
older who is a resident of this state to be completely restored;
or
(3) modifying the guardianship of a person 18 years of age or
older to include the right to vote.
(b) The clerk shall file each abstract with the voter registrar
of the person's county of residence not later than the 10th day
of the month following the month in which the abstract is
prepared.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
614, Sec. 25, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
614, Sec. 26, eff. September 1, 2007.
Sec. 16.003. FELONY CONVICTION. Each weekday the Department of
Public Safety is regularly open for business, the department
shall:
(1) prepare an abstract of each final judgment received by the
department convicting a person 18 years of age or older who is a
resident of the state of a felony; and
(2) file each abstract with the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 916, Sec. 12, eff. Sept. 1, 1993;
Acts 1999, 76th Leg., ch. 1366, Sec. 1, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1178, Sec. 2, eff. Jan. 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch.
1105, Sec. 5, eff. January 1, 2006.
Sec. 16.004. DISQUALIFICATION IN ELECTION CONTEST. Not later
than the 10th day after the date a judgment in an election
contest in which a person is adjudged not to be a qualified voter
becomes final, the district clerk shall prepare an abstract of
the judgment, which shall include each disqualified person's
name, and file it with the voter registrar of each county in
which a person adjudged disqualified was registered on the date
of the contested election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 16.005. PRESERVATION OF ABSTRACT. If an abstract received
under this subchapter affects a registered voter of the county,
the registrar shall retain a copy of the abstract on file with
the affected voter's registration application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
SUBCHAPTER B. CANCELLATION
Sec. 16.031. CANCELLATION ON OFFICIAL NOTICE OF INELIGIBILITY.
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section 13.072(b) or 15.021 or a response under
Section 15.053 that the voter's residence is outside the county;
(2) an abstract of the voter's death certificate under Section
16.001(a) or an abstract of an application indicating that the
voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's total mental
incapacity, partial mental incapacity without the right to vote,
conviction of a felony, or disqualification under Section 16.002,
16.003, or 16.004;
(4) notice under Section 112.012 that the voter has applied for
a limited ballot in another county;
(5) notice from a voter registration official in another state
that the voter has registered to vote outside this state;
(6) notice from the early voting clerk under Section 101.0041
that a federal postcard application submitted by an applicant
states a voting residence address located outside the registrar's
county; or
(7) notice from the secretary of state that the voter has
registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the Department of Public Safety or social
security number.
(b) The registrar shall cancel a voter's registration
immediately if the registrar:
(1) determines from information received under Section 16.001(c)
that the voter is deceased;
(2) has personal knowledge that the voter is deceased; or
(3) receives from a person related within the second degree by
consanguinity or affinity, as determined under Chapter 573,
Government Code, to the voter a sworn statement by that person
indicating that the voter is deceased.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 436, Sec. 6, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 561, Sec. 14, eff. Aug. 26, 1991; Acts
1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 797, Sec. 16, eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 454, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
614, Sec. 27, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1235, Sec. 6, eff. September 1, 2009.
Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST PERIOD.
If on November 30 following the second general election for
state and county officers that occurs after the date the voter's
name is entered on the suspense list a registered voter's name
appears on the suspense list, the registrar shall cancel the
voter's registration unless the name is to be deleted from the
list under Section 15.023.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1995, 74th Leg., ch. 797, Sec. 17, eff. Sept. 1, 1995.
Sec. 16.033. CANCELLATION FOLLOWING INVESTIGATION BY REGISTRAR.
(a) The registrar may use any lawful means to investigate
whether a registered voter is currently eligible for registration
in the county. This section does not authorize an investigation
of eligibility that is based solely on residence.
(b) If the registrar has reason to believe that a voter is no
longer eligible for registration, the registrar shall deliver
written notice to the voter indicating that the voter's
registration status is being investigated by the registrar. The
notice shall be delivered by forwardable mail to the mailing
address on the voter's registration application and to any new
address of the voter known to the registrar.
(c) The notice must include:
(1) a request for information relevant to determining the
voter's eligibility for registration; and
(2) a warning that the voter's registration is subject to
cancellation if the registrar does not receive an appropriate
reply on or before the 30th day after the date the notice is
mailed.
(d) Except as provided by Subsection (e), the registrar shall
cancel a voter's registration if:
(1) after considering the voter's reply, the registrar
determines that the voter is not eligible for registration;
(2) no reply is received from the voter on or before the 30th
day after the date the notice is mailed to the voter under
Subsection (b); or
(3) each notice mailed under Subsection (b) is returned
undelivered to the registrar with no forwarding information
available.
(e) A voter's registration may not be canceled under Subsection
(d) if the voter's name appears on the suspense list unless the
notice mailed to the voter indicated that the registrar had
reason to believe that the voter is not eligible for registration
because of a ground other than a ground based on residence.
(f) The registrar shall retain a copy of the notice mailed to a
voter under this section on file with the voter's registration
application. If the voter's reply to the notice is in writing,
the registrar shall also retain the reply on file with the
application. If the reply is oral, the registrar shall prepare a
memorandum of the reply, indicating the substance and date of the
reply, and shall retain the memorandum on file with the
application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1995, 74th Leg., ch. 797, Sec. 18, eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 1316, Sec. 8, eff. Sept. 1, 2003.
Sec. 16.0331. CANCELLATION ON REQUEST BY VOTER. (a) A voter
desiring to cancel the voter's registration must submit to the
registrar a written, signed request for the cancellation. A
request may not be submitted by an agent.
(b) The registrar shall cancel a voter's registration
immediately on receipt of a request under Subsection (a).
(c) The registrar shall retain the request on file with the
voter's registration application.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 19, eff. Sept. 1,
1995.
Sec. 16.0332. CANCELLATION BECAUSE OF CITIZENSHIP STATUS. (a)
After the registrar receives a list under Section 62.113,
Government Code, of persons excused or disqualified from jury
service because of citizenship status, the registrar shall
deliver to each registered voter whose name appears on the list a
written notice requiring the voter to submit to the registrar
proof of United States citizenship in the form of a certified
copy of the voter's birth certificate, United States passport, or
certificate of naturalization or any other form prescribed by the
secretary of state. The notice shall be delivered by forwardable
mail to the mailing address on the voter's registration
application and to any new address of the voter known to the
registrar.
(b) If a voter fails to submit to the registrar proof of
citizenship on or before the 30th day after the date the notice
is mailed, the registrar shall cancel the voter's registration.
(c) The registrar shall retain a copy of the notice mailed to a
voter under this section on file with the voter's registration
application. The registrar shall also retain any proof of
citizenship received under this section on file with the
application.
Added by Acts 1997, 75th Leg., ch. 640, Sec. 2, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 9, eff.
Sept. 1, 2003.
Sec. 16.034. RECORDING CANCELLATION. On cancellation of a
voter's registration, the registrar shall enter the date of and
reason for the cancellation on the voter's registration
application and duplicate registration certificate and make any
other appropriate corrections in the registration records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 16.035. EFFECTIVE DATE OF CANCELLATION. A cancellation of
a voter's registration takes effect immediately.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 16.036. NOTICE OF CANCELLATION TO VOTER. (a) Immediately
after, but not later than the 30th day after the date a voter's
registration is canceled under Section 16.031(a)(3), 16.033,
16.0331, or 16.0332, the registrar shall deliver written notice
of the cancellation to the voter.
(b) The notice shall be delivered by mail to the mailing address
on the voter's registration application and to any new address
known to the registrar.
(c) The notice must include:
(1) the date of cancellation;
(2) the reason for cancellation; and
(3) a brief explanation of the voter's right to challenge the
cancellation and to appeal the registrar's decision.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1995, 74th Leg., ch. 797, Sec. 20, eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 1316, Sec. 10, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
568, Sec. 1, eff. September 1, 2005.
Sec. 16.037. REINSTATEMENT OF REGISTRATION. (a) If the
registrar determines after cancellation of a registration that
the registration should not have been canceled, the registrar
shall reinstate it.
(b) If, after canceling a voter's registration under Section
16.032, the registrar receives a statement of residence executed
by the voter under Section 63.0011 at an election held before the
date the voter's registration was required to be canceled, the
registrar shall reinstate the registration.
(c) On reinstatement of a registration, the registrar shall
enter the date of and reason for the reinstatement on the voter's
registration application and duplicate registration certificate,
make any appropriate corrections in the registration records, and
take any other action necessary to give effect to the
reinstatement.
(d) A reinstatement of a registration takes effect immediately.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 916, Sec. 13, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 797, Sec. 21, eff. Sept. 1, 1995.
Sec. 16.038. NOTICE OF REINSTATEMENT TO VOTER. (a) Immediately
on reinstatement of a registration, the registrar shall deliver
written notice of the reinstatement to the voter.
(b) The notice shall be delivered by mail to the mailing address
on the voter's registration application and to any new address
known to the registrar.
(c) The notice must include the date of and reason for the
reinstatement.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
SUBCHAPTER C. CHALLENGE OF CANCELLATION
Sec. 16.061. RIGHT TO CHALLENGE CANCELLATION. A person whose
voter registration is canceled may challenge the cancellation at
a hearing before the registrar.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 16.062. REQUEST FOR HEARING ON CHALLENGE. A person
desiring to challenge the cancellation of the person's
registration must file with the registrar a written, signed
request for a hearing on the challenge.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 10, eff. Sept. 1, 1997.
Sec. 16.063. REINSTATEMENT PENDING CHALLENGE. (a) On the
filing of a hearing request under Section 16.062, the registrar
shall reinstate the challenging voter's registration pending
determination of the challenge.
(b) Sections 16.037(c) and (d) apply to a reinstatement under
this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 16.064. HEARING ON CHALLENGE. (a) On the filing of a
hearing request, the registrar shall schedule a hearing on the
challenge.
(b) The registrar shall conduct the hearing not later than the
10th day after the date the request is filed or on a later date
at the request of the challenging voter.
(c) The voter may appear personally at the hearing to offer
evidence or argument. The voter may offer evidence or argument by
affidavit without personally appearing if the voter submits the
affidavit to the registrar before the hearing begins.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 16.065. NOTICE OF HEARING. The registrar shall deliver
written notice of the date, hour, and place set for the hearing
on the challenge to the challenging voter not later than the
second day after the date the hearing request is filed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 16.066. DETERMINATION OF CHALLENGE. (a) After hearing and
considering the evidence or argument, the registrar shall
promptly determine the challenge and issue a decision in writing.
(b) If the registrar determines that the registration should not
have been canceled, the registration continues in effect.
(c) If the registrar determines that the cancellation of the
registration was proper, the registrar shall cancel the
registration on the 31st day after the date the registrar's
decision is issued.
(d) The registrar shall retain a copy of the decision on file
with the duplicate registration certificate of the challenging
voter and shall deliver a copy to the voter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
SUBCHAPTER D. CHALLENGE OF REGISTRATION
Sec. 16.091. RIGHT TO CHALLENGE REGISTRATION. Except as
otherwise provided by this subchapter, a registered voter may
challenge the registration of another voter of the same county at
a hearing before the registrar.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1995, 74th Leg., ch. 797, Sec. 22, eff. Sept. 1, 1995.
Sec. 16.092. SWORN STATEMENT REQUIRED. A voter desiring to
challenge a registration must file with the registrar a sworn
statement of the grounds for the challenge that:
(1) identifies the voter whose registration is being challenged;
and
(2) states a specific qualification for registration that the
challenged voter has not met based on the personal knowledge of
the voter desiring to challenge the registration.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 2003, 78th Leg., ch. 1165, Sec. 1, eff. Sept. 1, 2003.
Sec. 16.0921. CONFIRMATION NOTICE ON CHALLENGE BASED ON
RESIDENCE. (a) Except as provided by Subsection (c), on the
filing of a sworn statement under Section 16.092 alleging a
ground based on residence, the registrar shall promptly deliver
to the voter whose registration is challenged a confirmation
notice in accordance with Section 15.051.
(b) If the voter fails to submit a response to the registrar in
accordance with Section 15.053, the registrar shall enter the
voter's name on the suspense list.
(c) The 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 that election. This subsection 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 for state and county officers.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 23, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.07, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1166, Sec. 1, eff. Sept.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 1.07, eff. September 1, 2005.
Sec. 16.093. HEARING ON CHALLENGE. (a) On the filing of a
sworn statement under Section 16.092 alleging a ground other than
residence, the registrar shall schedule a hearing on the
challenge. The hearing procedure does not apply to an allegation
of a ground based on residence.
(b) The registrar shall conduct the hearing not later than the
20th day after the date the statement is filed or on a later date
requested by either party and agreed to by both parties.
(c) A party may appear personally at the hearing to offer
evidence or argument. A party may offer evidence or argument by
affidavit without personally appearing if the party submits the
affidavit to the registrar before the hearing begins.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1995, 74th Leg., ch. 797, Sec. 24, eff. Sept. 1, 1995.
Sec. 16.094. NOTICE OF HEARING. (a) The registrar shall
deliver written notice of the hearing on the challenge to each
party to the controversy not later than the 15th day before the
date of the hearing.
(b) The notice must include:
(1) the date, hour, and place set for the hearing; and
(2) a brief explanation of the right to appeal the registrar's
decision.
(c) The notice delivered to the voter whose registration is
challenged must be accompanied by a copy of the sworn statement
of the grounds for the challenge.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 16.095. DETERMINATION OF CHALLENGE. (a) After hearing and
considering the evidence or argument, the registrar shall
promptly determine the challenge and issue a decision in writing.
(b) If the registrar determines that the voter's registration
should not be canceled, the registration continues in effect.
(c) If the registrar determines that the voter's registration
should be canceled, the registrar shall cancel the registration
on the 31st day after the date the registrar's decision is
issued.
(d) The registrar shall retain a copy of the decision on file
with the duplicate registration certificate of the voter whose
registration was challenged and shall deliver a copy to each
party to the challenge.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.