Election Notice:  Election Night Returns
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Election Advisory No. 2023-26

To: All Election Officials
From: Christina Worrell Adkins, Director of Elections
Christina Adkins signature
Date: December 21, 2023
RE: Voter Registration List Maintenance Under the National Voter Registration Act of 1993 (NVRA) and the Texas Election Code as it Pertains to the Primary Election and Primary Runoff Election

Introduction

As a reminder, counties are now within the 90-day list maintenance period for the March 2024 primary election and the May 2024 primary runoff election. Under the National Voter Registration Act of 1993 (“NVRA”), the only permissible voter removal programs that counties may undertake during this period until after the primary, and any subsequent primary runoff, are to remove voters who voluntarily cancel their voter registration, voters who are deceased, and voters who are finally convicted of a felony or adjudicated mentally incapacitated without the right to vote.

Counties must continue to process voter registration applications during this 90-day period and should not stop processing voter registration applications even if the voter’s registration application is received after the deadline for a given election has passed.

To that end, we are providing the following guidance regarding the continuation of list maintenance activities and the observance of the 90-day period under the NVRA and the Texas Election Code.

Return of a Renewal Voter Registration Certificate to the Voter Registrar

Pursuant to Section 14.021 of the Election Code, on the return to the voter registrar of an undelivered renewal certificate that was mailed to a voter, the voter registrar must file the certificate with the voter’s registration application and, not later than January 2nd following the mailing of certificates, enter the voter’s name on the suspense list.

Per Section 14.022 of the Election Code, if the voter registrar determines that a voter’s renewal certificate was returned undelivered solely because of postal service error, address reclassification, or the registrar’s clerical error, the voter registrar shall delete the voter’s name from the suspense list, make any other appropriate corrections in the registration records, and deliver the certificate to the voter.

However, if the voter’s name is on the suspense list, then pursuant to Section 14.023 of the Election Code, after January 1st but not later than March 1st of each even-numbered year (2024), the voter registrar must deliver a Notice of Address Confirmation in accordance with Section 15.051 of the Election Code to each voter whose name appears on the suspense list. If the voter fails to submit a response to the voter registrar in accordance with Section 15.053 of the Election Code, the voter’s name remains on the suspense list.

Return of an Initial Voter Registration Certificate to the Voter Registrar

If the voter registrar received an initial voter registration certificate returned as undelivered pursuant to Section 13.146 of the Election Code, the voter registrar must promptly send the voter a Notice of Address Confirmation upon receipt of the undelivered certificate. The Notice of Address Confirmation should be sent to the voter prior to the primary election or primary runoff election as applicable.

If the voter registrar received an initial voter registration certificate which is returned and the voter has indicated on the certificate that they no longer live at the residence address previously provided on their voter registration application, then the voter’s registration should be cancelled if the voter indicated that they have moved away from the county. If the voter indicated on the initial voter certificate that they have moved to a new residence address within the same county, then a Notice of Address Confirmation must be sent to the voter prior to the primary election or primary runoff election, as applicable, pursuant to Section 15.051 of the Election Code.

Information Provided by a Voter on a Jury Summons

If the voter registrar receives a jury summons or a report from the court which reflects that the voter responded to a jury summons and indicated they have moved away from the county, then the voter registrar must send a Notice of Address Confirmation pursuant to Section 15.051 of the Election Code.

If the voter registrar receives a jury summons or a report from the court which reflects that the voter responded to a jury summons indicating that the voter has moved to a different residence address within the same county, then the voter registrar must send the voter a Notice of Address Confirmation prior to the primary election or primary runoff election pursuant to Section 15.051 of the Election Code.

Notice of Address Confirmation Card Returned to the Voter Registrar as Undeliverable

If a Notice of Address Confirmation which was previously sent to the voter is returned to the voter registrar as undeliverable, with no forwarding address provided, then the voter should remain on the suspense list until the voter has either updated or canceled their voter registration with the county. If the voter does not update or cancel their voter registration while on suspense after two federal election cycles, then the voter’s registration will be canceled pursuant to Section 16.032 of the Election Code and the NVRA.

Notice of Address Confirmation Card Returned to the Voter Registrar With a Forwarding Address

If a Notice of Address Confirmation which was sent to the voter is returned to the voter registrar with a forwarding address (inside or outside of the county), Section 15.051(c) of the Election Code provides that the confirmation notice shall be delivered by forwardable mail to the voter’s last known address.

This means that if the Notice of Address Confirmation which was sent to the voter is now returned to the voter registrar with a forwarding address (inside or outside of the county), the voter registrar should send the voter the Notice of Address Confirmation to the forwardable address prior to the primary election or primary runoff election as applicable.

Response to Notice of Address Confirmation Received by the Voter Registrar

If a voter registrar receives a response to a Notice of Address Confirmation from the voter indicating that they have moved away from the county, the voter’s registration should be cancelled upon receipt pursuant to Sections 15.053 and 16.031 of the Election Code. All cancellations must be entered into or reported to the statewide voter registration system in an expedited manner to ensure accurate voter registration lists prior to the primary election and primary runoff election.

Challenges to Voter Registration Based on Residence

If the voter registrar receives a challenge based on a sworn statement under Section 16.092 of the Election Code, and the challenge is based on residence, Section 16.0921 of the Election Code requires the voter registrar to send a Notice of Address Confirmation to the challenged voter(s), unless the residential address provided in the challenge for the voter(s) is different from the voter’s current residential address indicated on the registration records.

As to the level of personal knowledge required from the voter desiring to challenge the registration as provided under Section 16.092 of the Election Code, please reference Secretary of State’s Election Law Opinion RP-1 (PDF) regarding challenges to voter registration.

Challenges to Voter Registration Based on Reasons Other Than Residence

As previously noted, pursuant to the National Voter Registration Act of 1993, the only permissible voter removal programs that counties may undertake until after the primary, and any subsequent primary runoff, are to remove voters who voluntarily cancel their voter registration, voters who are deceased, and voters who are finally convicted of a felony or adjudicated mentally incapacitated without the right to vote. 52 U.S.C. § 20507(c)(2).

As such, if the voter registrar receives a sworn statement and the challenge is based on a reason such as the voter being deceased, finally convicted of a felony, or adjudicated mentally incapacitated without the right to vote, then the voter registrar must schedule a hearing on that challenge per Section 16.093 of the Election Code. The hearing must be scheduled to take place before the primary or primary runoff election as applicable.

If the Voter Registrar has Reason to Believe the Voter is No Longer Eligible for Voter Registration

If the voter registrar does not receive a challenge based on a sworn statement under Section 16.092 of the Election Code, but the voter registrar has reason to believe that a voter is no longer eligible for registration based on a voter being deceased, finally convicted of a felony, or adjudicated mentally incapacitated without the right to vote, the registrar must send the voter a Notice of Examination per Section 16.033 of the Election Code. The Notice of Examination must be sent to the voter before the primary or primary runoff election as applicable.

Pursuant to Section 16.033 of the Election Code, except as provided by Section 16.033(e) of the Election Code, the voter 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 Section 16.033(b); or
  3. Each notice mailed under Section 16.033(b) is returned undelivered to the registrar with no forwarding information available.

If the Voter Registrar has Reason to Believe the Voter is No Longer a Resident of the County

If the voter registrar does not receive a challenge based on a sworn statement under Section 16.092 of the Election Code but the voter registrar has reason to believe that a voter’s current residence address is different from that indicated on the registration records, the registrar must send the voter a Notice of Address Confirmation per Section 15.051 of the Election Code. The Notice of Address Confirmation must be sent to the voter before the primary or primary runoff election as applicable.

Cross County Voter Registration

If a voter updates their voter registration to another county, the previous county should cancel the voter’s registration in the former county upon notification of the new registration. Updates to voter registration from one county to another made by the voter through the Department of Public Safety (DPS) or the Texas.gov application (Texas Online) will be provided to the counties through the statewide voter registration system. Voter registrars should continue to review and resolve these updates daily to ensure accurate and up-to-date voter registration records.

If you have any questions regarding this advisory, please contact the Elections Division toll-free at 1-800-252-VOTE (8683).

CA:HM