Texas Secretary of State P.O. Box 12060 Austin, Texas 78711-2060 1-800-252-VOTE (8683) www.sos.state.tx.us
ELECTION COMPLAINT TO THE TEXAS SECRETARY OF STATE
Docket Number
OFFICE USE
ONLY
Date Hand-delivered or Date Postmarked
/ /
Please read the Important Information at the end of this document. The Secretary of State has no authority to
order a new election, change an election result, or conduct a criminal investigation. A complaint filed with this
form will not alter the results of an election.
This complaint form MUST BE SIGNED before it is submitted to the Secretary of State; therefore, you must print
it out and sign it before mailing or faxing a copy or emailing a scanned, signed copy.
I.
IDENTITY
OF
COMPLAINANT
1
COMPLAINANT
NAME
MS / MRS / MR FIRST MI
NICKNAME LAST SUFFIX
2
COMPLAINANT
PHYSICAL
ADDRESS
ADDRESS (TO INCLUDE APT / SUITE # IF APPLICABLE)
CITY STATE ZIP CODE
(Full home or business address, including street, city, state, and zip code)
3
COMPLAINANT
MAILING
ADDRESS
(check if same as above)
ADDRESS (TO INCLUDE APT / SUITE # IF APPLICABLE)
CITY STATE ZIP CODE
(Full home or business address, including street, city, state, and zip code)
4
COMPLAINANT
TELEPHONE
NUMBER
AREA CODE PHONE NUMBER EXT
5
COMPLAINANT
E-MAIL
ADDRESS
II.
IDENTITY
OF
RESPONDENT
PERSON OR ENTITY COMMITTING ALLEGED VIOLATION(S)
6
RESPONDENT
NAME
MS / MRS / MR FIRST MI
NICKNAME LAST
SUFFIX
7
RESPONDENT
POSITION
OR
TITLE
8
RESPONDENT
PHYSICAL
ADDRESS
ADDRESS (TO INCLUDE APT / SUITE # IF APPLICABLE)
CITY STATE ZIP CODE
(Full home or business address, including street, city, state, and zip code)
9
RESPONDENT
MAILING
ADDRESS
(check if same as above)
ADDRESS (TO INCLUDE APT / SUITE # IF APPLICABLE)
CITY STATE ZIP CODE
(Full home or business address, including street, city, state, and zip code)
10
RESPONDENT
TELEPHONE
NUMBER
AREA CODE PHONE NUMBER EXT
11
RESPONDENT
E-MAIL
ADDRESS
(IF KNOWN)
GO TO
PAGE 2
NOTICE: THIS COMPLAINT IS PUBLIC RECORD ONCE REVIEW IS COMPLETED BY THE SECRETARY OF STATE AND/OR ATTORNEY GENERAL.
Revised 2/28/2014
Texas Secretary of State
P.O.
Box 12060 Austin, Texas 78711-2060 1-800-252-VOTE (8683)
www.sos.state.tx.us
Ill.
NATURE
OF
ALLEGED VIOLATION
Page2
If you believe that a
criminal violation
of the Code has
occurred,
please state the
specific
acts
committed
by the person
or
entity named in this com plaint, along with a reference to the section of the Code alleged to have been violated, if known.
If
you need more space, please attach a separate
sheet.
ATTACH
ADDITIONAL
PAGES
AS
NEEDED
NOTICE: THIS COMPLAINT IS PUBLIC RECORD ONCE REVIEW IS COMPLETED BY THE SECRETARY OF STATE AND/OR ATTORNEY GENERAL.
Revised 2/28/2014
Texas Secretary of State P.O. Box 12060 Austin, Texas 78711-2060 1-800-252-VOTE (8683) www.sos.state.tx.us
IV.
STATEMENT
OF
FACTS
Page
3
State the facts constituting the alleged violation(s), including the dates on which or the period of time in which the alleged
violation(s) occurred. Identify allegations of fact not personally known to the complainant, but alleged on information and
belief. Please use simple, concise, and direct statements.
ELECTION
IN
WHICH VIOLATION
(
S
)
OCCURRED
NAME OF ELECTION
DATE OF ELECTION
MM/DD/YYYY
COUNTY
OR
POLITICAL
SUBDIVISION
PRECINCT
ATTACH ADDITIONAL PAGES AS NEEDED
NOTICE: THIS COMPLAINT IS PUBLIC RECORD ONCE REVIEW IS COMPLETED BY THE SECRETARY OF STATE AND/OR ATTORNEY GENERAL.
Revised 2/28/2014
Texas Secretary of State
P.O.
Box 12060 Austin, Texas 78711-2060 1-800-252-VOTE (8683)
www.sos.state.tx.us
V.
LISTING
OF
DOCUMENTS
AND
OTHER
MATERIALS
Page4
List all
documents
and other materials filed with this
complaint. Additionally,
list all other
documents
and other
materials
that are
relevantto
this
complaint
and that are
within
your
knowledge, including
their
location,
if
known.
ATTACH
ADDITIONAL
PAGES
AS
NEEDED
NOTICE: THIS COMPLAINT IS PUBLIC RECORD ONCE REVIEW IS COMPLETED BY THE SECRETARY OF STATE AND/OR ATTORNEY GENERAL.
Revised 2/28/2014
Texas Secretary of State P.O. Box 12060 Austin, Texas 78711-2060 1-800-252-VOTE (8683) www.sos.state.tx.us
VI.
SIGNED STATEMENT
Page
5
I, , the undersigned,
PRINTED NAME OF COMPLAINANT
under penalty of perjury do swear or affirm that the information contained in this
complaint is true and correct to the best of my knowledge.
I have read and understand the accompanying instructions, and I am aware that
completion of this form cannot and will not alter the outcome of the election.
SIGNATURE OF
COMPLAINANT
NOTICE: THIS COMPLAINT IS NOT CONFIDENTIAL; ONCE REVIEWED BY
THE SECRETARY OF STATE, IT WILL BE TREATED AS A PUBLIC RECORD.
REMINDER: YOU MUST SIGN THIS FORM PRIOR TO SUBMITTING
IF MAILING, PLEASE SEND TO:
Texas Secretary of State
Elections Division
c/o Legal Dept.
P.O. Box 12060
Austin, TX 78711
IF FAXING, PLEASE SEND TO:
512.475.2811
IF EMAILING, PLEASE SEND TO:
elections@sos.texas.gov
NOTICE: THIS COMPLAINT IS PUBLIC RECORD ONCE REVIEW IS COMPLETED BY THE SECRETARY OF STATE AND/OR ATTORNEY GENERAL.
Revised 2/28/2014
PRINT
RESET
Texas Secretary of State P.O. Box 12060 Austin, Texas 78711-2060 1-800-252-VOTE (8683) www.sos.state.tx.us
VII.
IMPORTANT INFORMATION
Pursuant to Section 31.006 of the Texas Election Code (the “Code”), the Office of the Secretary of State (the
“Secretary of State”) has the ability to refer elections complaints to the Office of the Attorney General (the
"Attorney General"). If, after receiving a complaint alleging criminal conduct in connection with an election, the
Secretary of State determines that there is reasonable cause to suspect that the alleged criminal conduct
occurred, the Secretary of State shall promptly refer the complaint to the Attorney General. The Secretary of
State shall deliver to the Attorney General all pertinent documents in the Secretary of State's possession.
Any person who believes that a criminal violation of the Code has occurred may file a complaint. In order to
initiate the complaint process, a written and signed complaint must be filed with the Secretary of State. The
complaint must allege the violation with particularity, identify the person(s) or entity responsible for the alleged
violation, and contain a reference to the section of the Code alleged to have been criminally violated, if known.
The Secretary of State has no authority to order a new election, change an election result, or conduct a
criminal investigation. This form is to be used solely to document alleged election irregularities and submit
allegations of criminal violations of the Code to be referred to the Attorney General. Often complaints will be
Code violations that do not amount to criminal violations or acts. These violations are election irregularities
which may form the basis of an election contest, but do not carry a criminal penalty. These election irregulari-
ties will not be referred to the Attorney General for possible criminal prosecution.
Challenging an election result can be done either through (1) a recount or (2) an election contest. If you are
seeking to alter the outcome of the election, you will need to use one of these methods of challenging the
results, described below. A complaint filed with this form will not alter the results of an election.
Legal Remedies That May Alter the Election Outcome
1. Recount
Recounts are used only to recount the votes in a particular race (office) or measure. A recount does not have the scope or
authority of an election contest in court, i.e., the recount committee will not look at the manner in which voters were
qualified to vote in person or by mail or whether voters were eligible to vote in the election. The governing body of an entity
cannot conduct a recount on its own motion, e.g., at the canvass.
Please note that recount request deadlines occur soon after the canvass - a recount must be requested not later than two
days following the canvass. More information on filing recounts (including form, deposit information, and who and how to
file) is available on the Secretary of State’s website.
2. Election Contest
If a candidate disputes the outcome of the election, regardless of whether or not a recount has been conducted, and has
discovered irregularities, fraud, or mistakes in the conduct of the election that affected or could have affected the outcome,
he/she can file an election contest to challenge the election results. The legal question raised by an election contest is
whether the outcome of the contested election, as shown by the final canvass, is not (or cannot be conclusively determined
to be) the true outcome because (1) illegal votes were counted, or because (2) an election officer or other official adminis-
tering the election either (i) prevented eligible voters from voting, (ii) failed to count legal votes, (iii) engaged in fraud or illegal
conduct, or (iv) erred in some material way.
Contests involving county elections are filed in the district court in the relevant county. In most circumstances, the filing
deadline for an election contest is 30 days after the canvass, except in the case of a primary or an election where a runoff
is necessary, in which case the deadline for filing is 10 days after the final canvass. If a recount is held and the votes are
changed, the date of the canvass of the recount (i.e., final canvass) becomes the new date by which the contest deadline
is calculated.
Any losing candidate may contest an election. In a contest of an officer election, the contestant files suit against the
election’s winner (or in the event that the election outcome is determined by majority vote rather than plurality vote, the
person or persons entitled to a place on the runoff ballot). Voters at large within a political subdivision do not possess
standing to intervene as parties to an election contest for public office.
In an election contest, the court has the authority to: (1) examine ballots and equipment; (2) compel voters to reveal how
they voted; (3) declare an election void if illegal votes are greater than or equal to the number of votes necessary to change
the outcome or cannot ascertain the true outcome of the election; (4) order a new election (or new runoff election), if unable
to ascertain true outcome; (5) subtract illegal votes, if able to determine the side for which an illegal vote was cast; or (6)
declare outcome of election, if able to ascertain true outcome.
If you think either a recount or an election contest is the proper procedure for the remedy you seek, you may wish to
consult private legal counsel regarding your legal options. The Secretary of State staff can provide general guidance on
these procedures as well.
NOTICE: THIS COMPLAINT IS PUBLIC RECORD ONCE REVIEW IS COMPLETED BY THE SECRETARY OF STATE AND/OR ATTORNEY GENERAL.
Revised 2/28/2014