2005 Texas Election Code CHAPTER 17. JUDICIAL REVIEW


ELECTION CODE
CHAPTER 17. JUDICIAL REVIEW
§ 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, § 1, eff. Jan. 1, 1986. § 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, § 1, eff. Jan. 1, 1986. § 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, § 1, eff. Jan. 1, 1986. § 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, § 1, eff. Jan. 1, 1986. § 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, § 1, eff. Jan. 1, 1986. § 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, § 1, eff. Jan. 1, 1986. § 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, § 1, eff. Jan. 1, 1986. § 17.008. DECISION NOT APPEALABLE. A decision of the district court under this chapter is not appealable. Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.

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