HOUSTON — A viral post with over 4 million views on X claims a voter is listed as being in "suspense," but is allowed to vote.
The Texas Secretary of State's office told the KHOU 11 Verify Team that as of Aug. 1, 2024, there are 2,180,253 voters currently in suspense. Voters on the suspense list are still allowed to vote in the 2024 Presidential election.
The suspense list was established in Texas in 1995 because of a requirement of the National Voter Registration Act of 1993 (NVRA). The federal law requires the 44 states that abide by NRVA to keep the voter rolls updated.
THE QUESTION
VIEWER QUESTION: Is it true millions of Texas voters are being removed from the voting pool?
THE SOURCES
Texas Election Code
Alicia Pierce, Assistant Secretary of State for Communications, Texas Secretary of State
Sean Morales-Doyle, Brennan Center for Justice, Director, Voting Rights Program
Harris County Tax Assessor-Collector & Voter Registrar
John Oldham, Fort Bend County Election Administrator
League of Women Voters, Texas
U.S. Election Assistance Commission
1993 National Voter Registration Act
THE ANSWER
Yes, Millions of Texas voters could face getting removed from the voter rolls, if they do not vote in the 2024 presidential election.
RELATED: Gov. Greg Abbott announces more than 1 million ineligible voters have been removed from voter rolls
WHAT WE FOUND
Federal law requires states that abide by the 1993 National Voter Registration Act to maintain voter rolls in each state. However, states are allowed to establish their own systems of voter roll maintenance within the guidelines of federal law. In Texas, the state uses the term 'suspense list' to refer to voters who potentially have address discrepancies.
Voters on the suspense list are still allowed to vote in the 2024 Presidential election, so long as they can attest to their address on the date they are casting a ballot. Registered voters for the November election can also go online before the Oct. 7 voter registration deadline to update their address at votetexas.gov.
Once the voter's address is updated, the voter's status will update to "active," and will be removed from being in suspense.
If a voter does not cast a ballot in the 2024 presidential election, the state will purge the voter rolls after the election. Once a voter is purged from the rolls, that person will have to re-register to vote in Texas with a valid address in the state.
According to the Texas Secretary of State's office, voters can end up on the suspense list if the county registrar of voters office has reason to believe a voter has moved. The KHOU 11 Verify Team checked with several counties in the Houston area to find out how many voters were on the suspense list as of August 2024.
According to Fort Bend County Election Administrator, John Oldham, approximately 15,000 voters stand to be purged from the voter rolls based on historical figures in the county.
In an emailed response to questions from the KHOU 11 Verify Team about when notices are sent out to voters in Fort Bend County, Oldham says, "In December of odd-numbered years all registered voters are to be mailed a replacement voter certificate. That is a non-forwardable piece of mail. If it is returned to the voter registrar as undeliverable then the voter is placed on Suspense and is sent a forwardable Confirmation Notice. If the voter returns the Notice indicating that they still live at the same address, they are returned to Active status. If they return the Notice and update their address to a new one in the county, their record is updated and they are returned to Active status. If they return the Notice indicating that they have moved to an address outside of Fort Bend County, then their registration is canceled. If a family member returns the card indicating the voter is deceased, they will be canceled. If the voter does not receive the card or does not respond, then they remain in Suspense for two Federal Elections, after which their registration is canceled. Voters on Suspense may also complete a form called a Statement of Residence affirming their old address, or updating to a different address within the county."
If a voter is purged from the voter rolls that means in Texas, a person is required to reregister to vote. The state of Texas does not offer online voter registration. According to the Secretary of State's Office, Assistant Secretary of State for Communications Alicia Pierce, "What you'll need to do is go to votetexas.gov. Find an application there, print, sign, and mail it and your application."
VERIFY FAST FACTS
QUESTION #1
Does federal law allow registered voters to be purged from the voter rolls?
Yes, In multiple states, including Texas, voter rolls can be purged, but not within 90 days of an election because of the 1993 National Voter Registration Act.
WHAT WE FOUND
According to the 1993 National Voter Registration Act, a moratorium is put on a massive purge of voter rolls 90 days out from the election. In a memo to all Texas election officials, The Texas Secretary of State office says the 90-day window to pause list maintenance activities started Aug. 7, 2024, for the Nov. 5, 2024 election.
QUESTION #2
Can a voter be purged from the voter rolls before the 2024 presidential election?
No, the 1993 National Voter Registration Act prevents list large-scale purges of the roll until after federal elections.
WHAT WE FOUND
In Texas, the purge of the voter rolls is not slated to happen until after the 2024 presidential election. According to the Fort Bend County Election Administrator, "Those who have not updated by November 5 and were placed on Suspense before the November 2022 election will be canceled on Dec. 1, 2024."
QUESTION #3
Am I still allowed to vote if I am on the suspense list?
Yes, you are allowed to vote if you are on the suspense list.
WHAT WE FOUND
According to the Secretary of State's Office, Assistant Secretary of State for Communications Alicia Pierce, "All you have to do is attest to your address (when you vote), as you'll just fill out a form at the polling location and you will be, able to vote that day, and you will be off of the suspense list."