Middleton bill rewriting voter registration challenge rules

The text as introduced · 414 words

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.