|
|
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. |