ELECTION CODE
CHAPTER 16. CANCELLATION OF REGISTRATION
SUBCHAPTER A. OFFICIAL NOTICE TO REGISTRAR
§ 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 or administration of a decedent's estate 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) Not later than the 10th day of each month, 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, § 1, eff. Jan. 1, 1986.
§ 16.002. MENTAL INCOMPETENCE. (a) Each month the
clerk of each court having jurisdiction to adjudge a person
mentally incompetent shall prepare an abstract of each final
judgment of a court served by the clerk, occurring in the month,
adjudging a person 18 years of age or older who is a resident of the
state to be mentally incompetent.
(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, § 1, eff. Jan. 1, 1986.
§ 16.003. FELONY CONVICTION. (a) Each week, on a day
specified by the secretary of state, the Department of Public
Safety shall 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.
(b) The Department of Public Safety shall file each abstract
with the secretary of state not later than one week following the
week in which the abstract is prepared. The secretary of state
shall file each abstract received under this subsection with the
voter registrar of the person's county of residence not later than
one week following the week in which the abstract is received under
this subsection.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 916, § 12, eff. Sept. 1, 1993; Acts
1999, 76th Leg., ch. 1366, § 1, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 1178, § 2, eff. Jan. 1, 2002.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
SUBCHAPTER B. CANCELLATION
§ 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
mental incompetence, 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; or
(6) 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 436, § 6, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 561, § 14, eff. Aug. 26, 1991; Acts 1995,
74th Leg., ch. 76, § 5.95(27), eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 797, § 16, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 454, § 6, eff. Sept. 1, 1997.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1995, 74th Leg., ch. 797, § 17, eff. Sept. 1, 1995.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1995, 74th Leg., ch. 797, § 18, eff. Sept. 1, 1995; Acts
2003, 78th Leg., ch. 1316, § 8, eff. Sept. 1, 2003.
§ 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, § 19, eff. Sept. 1, 1995.
§ 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, § 2, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 1316, § 9, eff. Sept. 1,
2003.
§ 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, § 1, eff. Jan. 1, 1986.
§ 16.035. EFFECTIVE DATE OF CANCELLATION. A
cancellation of a voter's registration takes effect immediately.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 16.036. NOTICE OF CANCELLATION TO
VOTER. (a) Immediately after cancellation of a voter's
registration 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1995, 74th Leg., ch. 797, § 20, eff. Sept. 1, 1995; Acts
2003, 78th Leg., ch. 1316, § 10, eff. Sept. 1, 2003.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 916, § 13, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 797, § 21, eff. Sept. 1, 1995.
§ 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, § 1, eff. Jan. 1, 1986.
SUBCHAPTER C. CHALLENGE OF CANCELLATION
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 10, eff. Sept. 1, 1997.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
SUBCHAPTER D. CHALLENGE OF REGISTRATION
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1995, 74th Leg., ch. 797, § 22, eff. Sept. 1, 1995.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 2003, 78th Leg., ch. 1165, § 1, eff. Sept. 1, 2003.
§ 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 registers 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, § 23, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 62, § 5.07, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 1166, § 1, eff. Sept. 1, 2003.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1995, 74th Leg., ch. 797, § 24, eff. Sept. 1, 1995.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
