MASS EMAIL (CEO): Voter Registration List Maintenance - NVRA Moratorium

TO:  Texas Election Officials 

FROM:  Elections Division, Texas Secretary of State

SUBJECT: Voter Registration List Maintenance - NVRA Moratorium

DATE:  August 7, 2026

Dear Election Officials,

The purpose of this email is to remind county election officials that the National Voter Registration Act of 1993 (“NVRA”) imposes a list maintenance moratorium for 90 days before a federal election.  The NVRA requires that states complete their generalized programs to remove voters from the voter registration rolls not later than 90 days before a federal election (52 U.S.C. § 20507(c)). This includes the general election for state and county officers on November 3, 2026.

Counties are now subject to the NVRA moratorium beginning Wednesday, August 5, 2026 which is the 90th day before election day.  During the 90-day moratorium, voter registrars must pause any programs that systematically remove the names of ineligible voters from the official list of registered voters, with the exception of the following:

• Voters who voluntarily cancel their voter registration;
• Voters who are deceased; and
• Voters who are finally convicted of a felony or adjudicated mentally incapacitated without the right to vote.

Please note that counties must continue to process voter registration applications during this 90-day period and should not stop processing voter registration applications even if the voter’s registration application is received after the voter registration deadline has passed.

Challenges to Voter Registration

Again, under the NVRA, the only permissible voter removal programs that voter registrars may undertake until after the November general election is to remove voters who voluntarily cancel their voter registration, voters who are deceased, and voters who are finally convicted of a felony or adjudicated mentally incapacitated without the right to vote.

As such, if the voter registrar receives a sworn statement under Section 16.092 of the Election Code and the challenge is based on a reason other than residence, such as the voter being deceased, finally convicted of a felony, or adjudicated mentally incapacitated without the right to vote, then the voter registrar must schedule a hearing on that challenge per Section 16.093 of the Election Code. The hearing must be scheduled to take place before the November general election because the 90-day moratorium under the NVRA does not apply in that circumstance.

If the voter registrar previously sent the voter a Notice of Examination due to the voter being deceased, finally convicted of a felony, or adjudicated mentally incapacitated without the right to vote, and the 30- day deadline during which the voter may respond falls on or after August 5, 2026 the voter registrar may cancel the voter’s registration if the voter registrar does not receive an appropriate response to the Notice of Examination by the end of the 30-day period.

Please note that if the voter registrar receives a sworn statement under Section 16.092 of the Election Code on or after August 5, 2026 and the challenge is based on another reason not listed above, such as citizenship, the voter registrar may not schedule a hearing on that challenge until after the November 3, 2026 general election due to the moratorium. 

If the voter registrar previously sent the voter a Notice of Examination due to an issue regarding the voter’s citizenship, and the 30-day deadline during which the voter may respond falls on or after August 5, 2026 the voter registrar may cancel the voter’s registration if the voter registrar does not receive an appropriate response to the Notice of Examination by the end of the 30-day period.

Challenges to Voter Registration Based on Residence

If the voter registrar receives a challenge based on a sworn statement under Section 16.092 of the Election Code, and the challenge is based on residence, Section 16.0921 of the Election Code requires the voter registrar to send a Notice of Address Confirmation to the challenged voter(s).  However, if the challenge based on a sworn statement is received after the 75th day before the date of the general election for state and county officers, then under state law no address confirmation notice may be sent to the voter prior to election day. (Sec. 16.0921(c)). The 75th day before the November 3, 2026 general election is Thursday, August 20, 2026.

This means that if the voter registrar receives a sworn statement under Section 16.092 of the Election Code after August 20, 2026 challenging the registration of another voter(s) and the challenge is based on residence, the voter registrar may not send the voter a Notice of Address Confirmation prior to the November 3, 2026 general election.  Note that Section 16.0921(c) of the Election Code does not apply to a person who submits a registration application after the 75th day and prior to the 30th day before the general election for state and county officers.

Whether or not a Notice of Address Confirmation should be sent to the voter after the November 3, 2026 election based on a sworn statement is an issue which should be discussed with your county attorney. In that regard, the voter registrar and the county attorney should carefully consider whether the challenge is based on the challenger’s personal knowledge. Our office addressed the definition of "personal knowledge" in the context of voter registration challenges based on residence relating to possible commercial addresses in SOS Opinion RP-1. 

Relevant Resources

• Advisory 2024-18 - Required List Maintenance Activities
• Advisory 2024-19 - Citizenship Requirements for Texas Elections

We hope that this information will be helpful to you.  Please feel free to contact our office with any questions or concerns.

Thank you,

Elections Division

Office of the Texas Secretary of State

1019 Brazos Street | Rudder Building, 2nd Floor | Austin, Texas 78701

1.800.252.VOTE (8683)

elections@sos.texas.gov | www.sos.texas.gov

The information contained in this email is intended to provide advice and assistance in election matters per §31.004 of the Texas Election Code.  It is not intended to serve as a legal opinion for any matter.  Please review the law yourself, and consult with an attorney when your legal rights are involved.

If you have any questions regarding this e-mail, please e-mail elections@sos.texas.gov