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Voter Registration Effective Date, Cancellations, and Lists

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Overview

Overview

assault, human trafficking, or stalking.63 Voters qualified in this program are not registered through the county’s voter registration system and no personal identification information of the voter appears on any form other than the Confidential Voter Registration Form and Early Voting Ballot Application.64

When the voter’s registration application is approved, their registration becomes effective on the 30th day after the application is submitted, or when the applicant turns 18, whichever date is later.65 Registration is effective until cancelled under Chapter 16 of Texas Election Code. Grounds for cancellation under Chapter 16 include:

• notice under Section 13.072(b), 15.021, or 18.0681(d) or a response under

Section 15.053 that the voter's residence is outside the county;

• 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);

• 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;

• notice under Section 112.012 that the voter has applied for a limited ballot in another county;

• notice from a voter registration official in another state that the voter has registered to vote outside this state;

• notice from the early voting clerk under Section 101.053 that a federal postcard application submitted by an applicant states a voting residence address located outside the registrar's county; or

• 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

63 Address Confidentiality Program, texasttorneygeneral.gov, https://www.texasattorneygeneral.gov/crime-victims/services-crime-victims/address-confidentialityprogram (last visited Dec. 12, 2022). 64 Tex. Elec. Code § 13.004 (5); Tex. Elec. Code § 13.004 (7). 65 Tex. Elec. Code § 13.143.

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:

• determines from information received under Section 16.001(c) that the voter is deceased;

• has personal knowledge that the voter is deceased;

• 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; or

• receives notice from the secretary of state under Section 18.068 that the voter is deceased.66

Registration renewal certifications are sent to qualified voters between November 15th and December 5th of each odd-numbered year. Renewal certificates are not eligible to be forwarded, so if the voter has moved and the certificate is returned to the voter registrar, the voter is placed on the suspense list.67 If the registrar sends a written notice requesting confirmation of a voter’s address, they are automatically placed on the suspense list until confirmation is received, and the voter is either reinstated or removed from the voter rolls.68

Cancellation of voter registration takes immediate effect and the county registrar must deliver written notice to the voter of their cancellation no later than the 30th day after cancellation.69

Any removal of voters from the voter rolls must be completed no later than 90 days70 before a federal primary or general election in compliance with the National Voter Registration Act of 1993 (NVRA). A registrar is, however, permitted to remove a voter from the rolls if the voter is voluntarily cancelling their registration, is deceased, finally convicted of a felony or determined to be mentally incapacitated for purposes of voting.

66 Tex. Elec. Code § 16.031. 67 Tex. Elec. Code § 15.081. 68 Tex. Elec. Code § 15.051. 69 Tex. Elec. Code § 16.036. 70 52 U.S.C. § 20507 (c)(2)(a).

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