Who knows election law here?

[WolverineDG]

A question has come up on a local blog about how dead voters are removed from the voter rolls. (Yes, the old Dead Democrats stuff) I've already pointed out some of the not-so-obvious (like someone voted early & died before Election Day), but otherwise, how does the elections office clear out the names of the deceased?

dg

[sonias]

1. Shyly raises hand - (not an expert)

I just learned some things over the years.

It's Texas law that the voter registrar from a county must delete the registrations of deceased voters. Lists are delivered to them by the courts as well as the Secretary of State that does a comparison from databases they have access to. Including convicted felons.

Also per HAVA if a voter has not voted in two successive federal elections (that's 4 years) the voter registrar puts a voter in suspense. If they don't vote in the next federal election they are purged.

Here is the link to the Texas Election Code at the Texas Secretary of State
www.statutes.legis.state.tx.us?link=EL

This chapter is the specific section in our election code dealing with cancellation of voter registrations

www.statutes.legis.state.tx.us/Docs/EL/htm/EL.16.htm
ELECTION CODE
TITLE 2. VOTER QUALIFICATIONS AND REGISTRATION
CHAPTER 16. CANCELLATION OF REGISTRATION
SUBCHAPTER A. OFFICIAL NOTICE TO REGISTRAR

Sec. 16.001. DEATH. (a) Each month the local registrar of deaths shall prepare an abstract of each death certificate issued in the month for a decedent 18 years of age or older who was a resident of the state at the time of death. The local registrar of deaths shall file each abstract with the voter registrar of the decedent's county of residence not later than the 10th day of the month following the month in which the abstract is prepared.

(b) Each month the clerk of each court having probate jurisdiction shall prepare an abstract of each application for probate of a will, administration of a decedent's estate, or determination of heirship, and each affidavit under Section 137, Texas Probate Code, that is filed in the month with a court served by the clerk. The clerk shall file each abstract with the voter registrar not later than the 10th day of the month following the month in which the abstract is prepared.

(c) Once each week, on a day specified by the secretary of state, the Bureau of Vital Statistics shall furnish to the secretary of state available information specified by the secretary relating to deceased residents of the state. Periodically, the secretary shall furnish to the appropriate voter registrars information obtained from the bureau that will assist in identifying the deceased registered voters of each county.

Hope that helps. :hi:

Sonia

[WolverineDG]

4. Thanks!!

:loveya:

dg

[crispini]

2. Strictly anecdotally --

This isn't law, just procedures -- it's what I recall just from local trainings with the election office, and I don't have any links. When the voter's card gets returned to the office (for any reason), the voter's record goes into suspense. Obviously just having the card returned doesn't tell us if they moved, or they died, or the mailman was just having a bad day.

If a voter with a suspended record turns up at the polls, obviously the voter has to have their old card or SOME form of ID, as is required for all voters. Then they're required to fill out an certificate of residency form, with some kind of legal affidavit on it stating that they still live at the address. I've had this happen many times. One guy actually declined to fill out the form and left (I think there was something a little mental about him.)

If the voter's record stays in suspense, then it is removed from the roll in two years, I think.

Now, if someone writes them and says "voter X is deceased," I don't know what the process is then.

That's all I got. HTH. :hi::loveya:

[WolverineDG]

5. Thanks Crispy!!

:hi: :loveya:

dg

[sonias]

3. There is much more on that chapter of cancellation

I just clipped a few paragraphs.

there is more further down for example this part:

SUBCHAPTER B. CANCELLATION

SUBCHAPTER B. CANCELLATION

Sec. 16.031. CANCELLATION ON OFFICIAL NOTICE OF INELIGIBILITY. (a) The registrar shall cancel a voter's registration immediately on receipt of:

(1) notice under Section 13.072(b) or 15.021 or a response under Section 15.053 that the voter's residence is outside the county;

(2) an abstract of the voter's death certificate under Section 16.001(a) or an abstract of an application indicating that the voter is deceased under Section 16.001(b);

(3) an abstract of a final judgment of the voter's total mental incapacity, partial mental incapacity without the right to vote, conviction of a felony, or disqualification under Section 16.002, 16.003, or 16.004;

(4) notice under Section 112.012 that the voter has applied for a limited ballot in another county;

(5) notice from a voter registration official in another state that the voter has registered to vote outside this state; or

(6) notice from the secretary of state that the voter has registered to vote in another county, as determined by the voter's driver's license number or personal identification card number issued by the Department of Public Safety or social security number.

(b) The registrar shall cancel a voter's registration immediately if the registrar:

(1) determines from information received under Section 16.001(c) that the voter is deceased;

(2) has personal knowledge that the voter is deceased; or

(3) receives from a person related within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to the voter a sworn statement by that person indicating that the voter is deceased.

The dead are not voting. I would agree with you dg, that occasionally a person who early voted dies before an election. But that is a legal vote. In rare occasions someone has voted for their dead parents ballot, and in those cases, they get charged with voting illegally. A felony in Texas. You don't want to do that! We had a case like that in Travis once. Hardly enough to swing an election.

The Rs are just crazy on voter ID thinking that will stop them from losing Texas in the future. :crazy:

Sonia