By: Middleton S.B. No. 2716
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to procedures for challenging voter registration based on
  personal knowledge and publicly available records.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 16, Election Code, is amended by adding
  Section 16.0011 to read as follows:
         Sec. 16.0011.  DEFINITIONS. In this chapter:
               (1)  "Personal knowledge" means knowledge of a fact
  that a person has directly observed or experienced, rather than
  knowledge that has been gained from another source, as defined in
  Black's Law Dictionary.
               (2)  "Publicly available materials" means information
  accessible to the general public, including but not limited to
  obituaries, property records, court filings, government-maintained
  public databases, and official government notices, that provide
  evidence relevant to a voter's eligibility under this code.
         SECTION 2.  Section 16.091, Election Code, is amended to
  read as follows:
         Sec. 16.091.  CHALLENGE OF REGISTRATION. (a) A registered
  voter of the county in which another voter is registered may
  challenge the registration of that voter by submitting a written
  statement to the registrar. The statement must:
               (1)  identify each voter being challenged;
               (2)  include the specific grounds for each challenge;
               (3)  be based on:
                     (A) the personal knowledge of the challenger, as
  defined under Section 16.0011(1); or
                     (B) information derived from publicly available
  materials, as defined under Section 16.0011(2);
  and
               (4)  be accompanied by an affidavit executed by the
  challenger under penalty of perjury, affirming that the challenge
  is based on personal knowledge or publicly available materials and
  not hearsay or speculative evidence.
         (b)  A challenger may submit multiple challenges under one
  affidavit, provided that each challenge independently satisfies
  the requirements of Subsection (a).
         SECTION 3.  Section 16.092, Election Code, is amended to
  read as follows:
         Sec. 16.092.  SWORN STATEMENT REQUIRED. (a) A challenge
  under this subchapter must be made in writing and must:
               (1)  identify each voter being challenged;
               (2)  include the specific grounds for each challenge;
               (3)  be based on:
                     (A) the personal knowledge of the challenger, as
  defined under Section 16.0011(1); or
                     (B) information derived from publicly available
  materials, as defined under Section 16.0011(2);
  and
               (4)  be accompanied by an affidavit executed by the
  challenger under penalty of perjury, affirming that the challenge
  is based on personal knowledge or publicly available materials and
  not hearsay or speculative evidence.
         (b)  A challenger may submit multiple challenges under one
  affidavit, provided that each challenge independently satisfies
  the requirements of Subsection (a).
         SECTION 4.  This Act takes effect September 1, 2025.