Maintaining Your Voter Rolls August 2021 Maintaining Your

Maintaining Your Voter Rolls August 2021

Maintaining Your Voter Rolls The National Voter Registration Act of 1993 (NVRA) • Requires states to adopt and implement procedures to make it easier to register to vote including the use of a postage paid postcard; and • Requires states to implement a voter registration list maintenance program that makes a reasonable effort to remove ineligible persons from the voter lists in accordance with the NVRA and state law. August 2021 2

Maintaining Your Voter Rolls Texas Election Code (TEC) • Defines the acquisition of data from other agencies; • Outlines the procedures and processes required of the Secretary of State (SOS) and county voter registrars; and • Specifies some of the criteria used to match this information with the statewide voter registration list and requires our office to make rules regarding matching. 1 TAC 81. 6. August 2021 3

Maintaining Your Voter Rolls TEC Section 18. 068 and 18. 0681 • Requires the SOS to conduct comparative reviews of the statewide voter registration list with information received under TEC Chapter 16. • Requires the SOS to send this matched information to county voter registrars for further review. August 2021 4

Maintaining Your Voter Rolls It is the responsibility of the county voter registrar to review these records on the grounds of eligibility and/or to eliminate duplicative records to ensure the accuracy and integrity of the county voter list. August 2021 5

Maintaining Your Voter Rolls Why Is It Important? What are the Benefits? • Helps voters be current when they come to vote. • Helps election workers by not having to process as many provisional ballots. • Ensures that ineligible voters do not have the ability to cast a ballot that could be a crime. August 2021 6

Qualifications (TEC 13. 001) • be 18 years of age or older; • be a United States citizen; • not have been determined by a final judgment of a court exercising probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote; • not have been finally convicted of a felony or, if so convicted, must have fully discharged the sentence or been pardoned or otherwise released from the resulting disability to vote; and • be a resident of the county in which application for registration is made. August 2021 7

Eligibility TEC Section 16. 033 • The registrar may use any lawful means to investigate whether a registered voter is currently eligible for registration in the county. This section does not authorize an investigation of eligibility that is based solely on residence. August 2021 8

Eligibility TEC Section 16. 033 • If the registrar has reason to believe that a voter is no longer eligible for registration, the registrar shall deliver written notice to the voter indicating that the voter’s registration status is being investigated by the registrar. The notice shall be delivered by forwardable mail to the mailing address on the voter’s registration application and to any new address of the voter known to the registrar. August 2021 9

Eligibility TEC Section 16. 033 • If a Notice of Examination is returned by the voter, the voter registrar must cancel the voter if registrar determines upon review of the voter’s response that the voter no longer meets the eligibility requirements or if the voter fails to provide a response within 30 days after the notice is sent. • The voter registrar shall cancel the voter’s record if the notice is returned as undeliverable with no forwarding address. However, no voter registration may be canceled if the voter’s name appears on the suspense list unless the notice mailed was for a reason other than residency. August 2021 10

Residency TEC Section 15. 051 • If the registrar has reason to believe that a voter’s current residence is different from that indicated on the registration records, the registrar shall deliver to the voter a written confirmation notice requesting confirmation of the voter’s current residence. • The registrar shall include an official confirmation notice response form with each confirmation notice delivered to a voter. • The confirmation notice shall be delivered by forwardable mail to the voter’s last known mailing address. August 2021 11

Residency TEC Section 15. 051 • If a Notice of Address Confirmation is sent, the voter will be placed on the suspense list until response is received. August 2021 12

Residency • TEC 13. 146 and 14. 023 – Additional requirements • related to address confirmation following the issuance of the initial voter registration certificate or renewal certificate. TEC 16. 0921 – Procedures related to challenges based on residency. August 2021 13

List Maintenance Activities • Possible Deceased Records • Possible Felon Records • Possible Non U. S. Citizen Records • Possible Duplicate Records August 2021 14

Strong vs. Weak Matches The criteria, as defined in the TEC and/or the Texas Administrative Code (TAC), produces two classifications of matched records. • Strong match records using exact matches to multiple data points result in immediate cancellation of the voter record. • Weak match records using combinations of matches and data points result in those records being sent to the county voter registrar for further investigations. NOTE: Each of the four categories of list maintenance activities have slightly different matching criteria resulting in different actionable outcomes. August 2021 15

Deceased Notifications Texas Election Code (TEC) Section 18. 068 • Requires the Secretary of State (SOS) to compare the statewide voter registration records to information received under TEC Section 16. 001 to identify any possible deceased voter records and to provide this information to county voter registrars for further review. August 2021 16

Deceased Notifications Texas Administrative Code (TAC) Rule, Section 81. 6(a) Strong Matched Records: • Last Name, Full Social Security Number (SSN) (9 digits), and Date of Birth (DOB) Weak Matched Records: • First Name, Last Name, and DOB; • Last Name and Full SSN (9 digits); • Full SSN (9 digits) and DOB; or • Last Four Digits of the SSN, DOB, and One or More Name Component(s). a) b) c) d) Last Name (in deceased file) to Last Name; Last Name (in deceased file) to Middle Name; First Name to First Name (excluding a Last Name included match); or Middle Name or Middle Initial Match (excluding any additional name match). August 2021 17

Deceased Notifications Data Sources: • Local Registrars of Death (LRD) • Clerks of the Court (COC) • Bureau of Vital Statistics (BVS) • Electronic Registration Information Center (ERIC) • Social Security Administration (SSA) August 2021 18

Duplicate Notifications Texas Election Code (TEC) Section 18. 0681 • Requires the Secretary of State (SOS) to periodically compare the county voter registration records to identify any possible duplicate records and to provide this information to county voter registrars for further review. TEC 18. 062 • Requires the SOS to participate in an interstate crosscheck program to prevent duplication of registrations in more than one state or jurisdiction. August 2021 19

Duplicate Notifications Texas Administrative Code (TAC) Rule, Section 81. 6 Strong Matched Records: • Last Name, First Name, and Full Social Security Number (SSN) (9 digits); • Last Name, First Name, and Texas Department of Public Safety (DPS)-Issued Driver License, Personal Identification Card, or Election Identification Certificate Number; or • Last Name, First Name, Last Four Digits of the SSN, and Date of Birth. Weak Matched Records: • Last Name, First Name, and Last Four Digits of the SSN; or • Texas DPS-Issued Driver License, Personal Identification Card, or Election Identification Certificate Number. August 2021 20

Duplicate Notifications Data Sources: • TEAM Statewide Voter Registration List • Electronic Registration Information Center (ERIC) August 2021 21

Felon Notifications Texas Election Code (TEC) Section 16. 003 • Requires the Department of Public Safety (DPS) to prepare and file an abstract of final judgment of a felony conviction for any person 18 years of age or over. The Secretary of State (SOS) compares this information to the statewide voter registration records and provides this information to county voter registrars for further review. August 2021 22

Felon Notifications All possible felon matches are considered weak matches. Weak Matched Records: • • Last/Former Name, First Name, TDL; Last/Former Name, First Name, SSN (9 digits); Last/Former Name, First Name, SSN (4 digits); or TDL and DOB. August 2021 23

Felon Notifications Data Sources: • Texas Department of Public Safety (DPS) • U. S. Attorneys August 2021 24

Noncitizen Notifications Texas Election Code (TEC) Section 18. 068, Section 16. 0332 and Section 62. 113 of the Government Code • Require the Secretary of State (SOS) to compare the statewide voter registration records to identify any possible noncitizen records and to provide this information to county voter registrars for further review. August 2021 25

Noncitizen Notifications All possible noncitizen matches are considered weak matches. Weak Matched Records: • Last Name (including Former Last Name on the Voter Record), First Name, and Full Social Security Number (SSN) (9 digits); • Last Name (including Former Last Name on the Voter Record), First Name, and Texas Department of Public Safety (DPS)-Issued Driver License, Personal Identification Card, or Election Identification Certificate Number; or • Last Name (including Former Last Name on the Voter Record), First Name, Last Four Digits of the SSN, and Date of Birth. August 2021 26

Noncitizen Notifications Data Sources: • • • DPS Weekly File – Any record identified as a weak match and the voter’s effective date of registration (EDR) is prior to or within 29 days of the issuance date of the DPS identification card will result in a notification sent to the counties for further investigation. This file contains notifications from DPS of transactions in which an individual presented documentation indicating non-U. S. citizenship at their last DPS visit in which they were issued a new or renewed license/ID card. DPS Daily File – Any record identified as a weak match and the voter’s effective date of registration (EDR) is prior to or within 29 days of the issuance date of the DPS identification card will result in a notification sent to the counties for further review. This file contains notifications from DPS of individuals who were identified in a prior DPS noncitizen file and who subsequently returned to DPS and provided proof of U. S. citizenship. Clerk of the Court (COC) – A jury summons provided by a clerk of the court indicating exemption due to noncitizen status. August 2021 27

Monitoring Activities The SOS will be monitoring the progress of each county relating to the list maintenance files sent for their review on a monthly basis. Offline Counties: • The outcome of the review MUST be reported back to the TEAM system. August 2021 28

Resources • All questions related to the investigation or address confirmation of a specific voter should be directed to the county attorney. Additional questions may be directed to the SOS legal team. • The SOS voter registration team is available to provide technical assistance with all TEAM related procedural questions or issues. Instructional materials and reference guides are available as a resource for all county voter registrars. August 2021 29

Training • • Upcoming Webinars from the SOS Legal and Voter Registration teams Online Webinar Demonstrations from the VR team Updated Training Manuals New Quick Reference Guides August 2021 30

Maintaining Your Voter Rolls Again, why Is It Important? What are the Benefits? • Helps voters be current when they come to vote. • Helps election workers by not having to process as many provisional ballots. • Ensures that ineligible voters do not have the ability to cast a ballot that could be a crime. August 2021 31

Contact Us Legal Team Voter Registration Team (800)252 -2216, Option 2 (800)252 -2216, Option 1 August 2021 32