CHAPTER 17. JUDICIAL REVIEW - Texas Statutes

ELECTION CODE

TITLE 2. VOTER QUALIFICATIONS AND REGISTRATION

CHAPTER 17. JUDICIAL REVIEW

Sec. 17.001. RIGHT OF APPEAL BY APPLICANT FOR REGISTRATION. An

applicant for voter registration is entitled to appeal an adverse

decision issued by the registrar under Section 13.079.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 17.002. RIGHT OF APPEAL BY REGISTERED VOTER. A party to a

challenge under Subchapter C or D of Chapter 16 is entitled to

appeal an adverse decision issued by the registrar.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 17.003. PETITION FOR REVIEW. (a) A party desiring to

appeal under this chapter must file a petition for review in the

district court not later than the 30th day after the date the

adverse decision is issued.

(b) Citation is issued and served in the manner provided by law

for civil suits generally.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 17.004. COPY FILED WITH REGISTRAR. (a) Not later than the

deadline for filing a petition for review, the petitioner must

deliver a copy of the petition to the registrar who issued the

adverse decision.

(b) A petition delivered by mail is considered to be delivered

at the time of its receipt by the registrar.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 17.005. CANCELLATION DELAYED PENDING APPEAL. If a voter's

registration is to be canceled following a decision from which an

appeal is taken, the registrar shall delay canceling the

registration, pending the outcome of the appeal, on the timely

delivery of the copy of the petition for review.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 17.006. VENUE. Venue of an appeal under this chapter is in

the county served by the registrar who issued the decision from

which the appeal is taken.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 17.007. SCOPE OF REVIEW. (a) Review by the district court

under this chapter is by trial de novo.

(b) The district court shall try all issues of fact and law

raised by the pleadings in the manner applicable to civil suits

generally.

(c) The court may not admit in evidence the fact of prior action

by the registrar, except to the extent necessary to establish its

jurisdiction.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 17.008. DECISION NOT APPEALABLE. A decision of the

district court under this chapter is not appealable.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.