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.