Early Voting by Personal Appearance

33rd Annual Election Law SeminarCounty Election Officials

Overview

• Election Clerks• Early Voting Period• Main Early Voting Polling Place• Polling Place Procedure• Poll Watchers• Early Voting Roster• Reporting

ELECTION CLERKS

References to County Clerk

• The county election officer is the:(1) county clerk;(2) county elections administrator; or(3) county tax assessor-collector.

It depends on the actions of the county commissioners court.

[§§ 31.031, 31.043, 31.071 & 31.091]

Early Voting by Personal Appearance

• The county voter registrar is the:(1) county clerk;(2) county elections administrator; or(3) county tax assessor-collector.

It depends on the actions of the county commissioners court.

[§§ 12.001, 12.031, 31.031, 31.043 & 31.071]

Early Voting Clerk

• County election officer for the county in:– general election for state & county officers and

any other countywide election held at county expense;

– primary election; &– special election ordered by the governor.

[§ 83.002]

Early Voting Clerk

– Under a contract for election services or a joint election contract, the county election official may also be designated as the early voting clerk.

– Deputies of the county election official may be designated as deputy early voting clerks.

[§ 31.097; § 271.006]

Deputy Early Voting Clerk

• Appointed to assist the EV Clerk• Same authority as the EV Clerk• Subject to EV Clerk’s supervision

Appointment Procedure

• A city secretary or county election official serving as an early voting clerk may appoint 1 or more permanent deputies as deputy early voting clerks by written order. – not required to be qualified voter of the county,

but required to be a qualified voter somewhere

Appointment Procedure

• Temporary EV Deputy Clerk - Eligibility Reqs:– meet requirements for service as presiding election judge

(§ 32.051), except:• not required to be qualified voter of any particular territory,

other than:– County – if appointed by county clerk; or– City – if appointed by city secretary;

• if EV clerk candidate, employee status does not make appointee ineligible;

• not required to be qualified voter if employed by county or city, but must be a qualified voter of any territory

[§ 83.032(b)]

EV Deputy Clerk – List Procedure for Appointment

Applies for the November General Election for State & County Officers (even-numbered years)

List Procedure for Appointment• List Procedure– before July of each year– County Chair of each political party holding a primary

election

• Method of Appointment– county clerk shall select election officers – provide equal representation for each political party

holding a primary election

[§ 85.009]

Student Election Clerk• An election clerk may appoint students as deputy

early voting clerks – Eligibility

• ineligible to serve as election clerk under § 32.051(c)• meets requirements under § 32.0511(b)

– Compensation• same manner as other early voting clerks

– Maximum # of student clerks• not more than 4 student early voting clerks at an early voting

polling place

[§§ 32.0511, 83.012]

EARLY VOTING PERIOD

Early Voting Period

• General Rule:– starts 17 days before Election day and ends the 4th

day before Election Day– Exception: May Uniform Date, Primary Runoff,

Special Runoff and delayed start

[§ 85.001(a)]

Early Voting PeriodNovember 2015 Election:

Monday, October 19, 2015(15th day before election day)*

thru

Friday, October 30, 2015(4th day before election day)

*if the date for beginning the early voting period is a Saturday, Sunday or legal state holiday, the early voting period begins on the next regular business day. [§ 85.001(c)]

[§ 85.001]

Dates & Times

• Dependent upon who the EV Clerk is:–County Clerk in

(a) gen. election for state & county election; (b) primary election; (c) special election ordered by governor; &(d) Countywide election held at county expense:

[§ 85.005(a)]

Dates & Times

Hours – at the main early voting polling place during the weekdays & hours that the county clerk’s main business office is regularly open for business

[§ 85.005(a)]

Extended Early Voting HoursCounties with populations of 100,000 or more

(main early voting location)

Primary Election

General Election for State &

County Officers

Special Election Ordered by Governor

Last Week of EV12 hours each

weekday

Last 2 days of EV12 hours on each day

Extended Early Voting HoursCounties with populations of less than 100,000

(main early voting location)written petition from 15 registered voters

Primary Election

General Election for State &

County Officers

Special Election Ordered by Governor

Last Week of EV12 hours each

weekday

Last 2 days of EV12 hours on each day

yes no

no extended

hours

Early Voting - Weekends• County election officer may order by written order

at the main early voting location for:(a) general election for state and county officers;(b) primary election; and(c) special election ordered by governor

• Determine the extended hours on Saturday & Sunday

[§ 85.006]

Early Voting - Weekends• Voter Petition for Weekend Voting:

– 15 registered voters– must order Saturday or Sunday early voting– may request day (Saturday or Sunday) but not date or

hours– petition must be submitted in time to enable compliance

with Sec. 85.007 (at least 72 hours proceeding the beginning of early voting on the Saturday or Sunday)

[§§ 85.006, 85.007]

Early Voting - Weekends

• Counties with populations of 100,000 or more:– must conduct early voting as follows:

[§ 85.006(e)]

last Saturday

12 hours

last Sunday

5 hours

Early Voting - Weekends

• Counties with populations under 100,000:– receipt of petition of 15 registered voters– EV Clerk shall order voting conducted:• 12 hours on the last Saturday and• 5 hours on the last Sunday

[§§ 85.006, 85.007]

MAIN EARLY VOTING POLLING PLACE

Main Early Voting Polling Location

• Location dependent on who early voting clerk is:– County Clerk: (2) rules

General Election for State & County Officers;

Primary Election;Special Election Ordered

by the Governor;or

Countywide Election Held At The County’s

Expense

Main Early Voting Polling Location – – in a building that houses

the main business office of the county clerk

– can select any room in the building

[§§ 83.002, 85.002(b)]

=

Less-Than Countywide Election Ordered By County Authority At

County’s Expenseor

Election Ordered by County Authority Not

County’s Expense

Main Early Voting Polling Location –

– early voting clerk must designate location

– polling place must be in the territory covered by the election

– polling place may be in the building that houses county clerk’s main business office, whether or not in the territory

[§§ 83.002, 85.002(c)]

=

Note: Impracticable Location

• Determined by Commissioners Court• Select a different location that is:

(1) within the same city; and(2) located as near as practicable to the business office.

[§ 85.002(b)]

Note: Election Contracts

• Remember – county clerk may be serving as early voting clerk, therefore:– main polling location may be at county office

building

[Ch. 271, generally]

Note: Fee for Use of Building

• IF building is normally open on each day of early voting – may not be charged for use of public building as a polling place

• IF not normally open – you may be charged only as reimbursement for actual expenses

[§ 43.033(a)]

Note: Accessibility

• Remember – like an election day polling place, early voting location must be accessible

[§ 43.034(c), Ch. 469, Tex. Gov’t. Code]

Early Voting - Notice• Must state:

– location of main early voting location;– date early voting in person begins (if, other than prescribed

date);– regular dates & hours early voting in person will be conducted;– dates and times of Saturday and Sunday voting is ordered.– NEW LAW: HB 2721 amends Section 85.007 of the Texas

Election Code and requires the notice to be posted to an entity’s website (if applicable). Notice of a primary election must be published on SOS website and forwarded to SOS in enough time to comply.

Early Voting - Notice

• Saturday or Sunday– 72 hours before start of early voting– post notice of dates and hours

• Extended early-voting-in-person hours– counties with population less than 100,000– posted no later than the 5th day before the start of

early voting

Early Voting - Notice

• Branch Early Voting Polling Place– Note: although not required to list locations, dates

and hours, our office recommendation is to do so.

POLLING PLACE PROCEDURE

Early Voting – Polling Place Procedure

• Early Voting Clerk’s initials – – on the back of each ballot to be used at the early

voting location

[§ 85.0311]

Early Voting - Polling Place Procedure

Voter ID: 7 forms of acceptable forms of IDOR

Voter must have “(E)” notation on voter registration certificate

Voter ID Procedures

• If voter does not present one of the acceptable forms of ID – – only able to vote a provisional ballot• Exception: “(E)” notation on voter registration

certificate

Voter ID Procedures

• “Substantially Similar” – voter will be accepted for voting

• Voter ID + Certificate, but not on OLRV – voter will be accepted for voting [§ 63.006]

Statement of Residence

• Voter must complete IF:– Voter still resides in the county of registration and• “S” notation next to voter’s name on OLRV ; OR

• Voter responds in the negative to the question “Is the residence address in the list of registered voters still your correct address?”

[§ 63.0011]

Ballot Box Security• Double-locked (two locks with two different keys)

and wire sealed– Early Voting clerk keeps key to one lock – Key to second lock – goes to person who gets the keys

to ballot boxes used on Election Day(county elections – usually the sheriff)

• Must not be unlocked until after delivery to early voting ballot board.

[§§ 66.060, 85.032, 85.033]

Ballot Box Security• Overnight – must be kept in a safe place– Voting machine must be secured at close of each

day’s early voting

• Recommended – ballot box & voting machine be sealed with wire hasp seal each night & record kept of such seals

[§§ 85.032, 85.033]

Ballot Box Security

• End of Early-Voting-In-Person– Ballot boxes and voting machines• Sealed with hasp seals• Transported to main early voting location (if

somewhere other than early voting clerk’s office); and• Secured in early voting clerk’s office or other secure

location

Assistance to Voter

• Procedures the same as those on election day– except that only one election official instead of

two may assist (Sec. 85.035)

Assistance to Voter

• §85.034 of the Election Code provides that curbside voting is to be conducted pursuant to § 64.009 –– Regular voting procedures modified to extent

necessary to conduct voting;• Modifications include: taking battery-powered DRE for

the voter to vote in lieu of paper ballot

[§§ 64.009, 85.034]

Electioneering

• Person may not electioneer for or against any candidate, measure or political party within 100 feet of an outside door through which a voter may enter the building in which the polling place is located– Electioneering – posting, use, or distribution of

political signs or literature

[§§ 61.003, 85.036(a), 85.037]

Electioneering

• Under §85.036(b): Entity that owns or controls a public building– may not at any time during EV prohibit

electioneering outside 100 ft. area– may enact reasonable regulations regarding time,

place and manner

[§ 85.036(b)]

Bystanders & Loitering

• Bystanders excluded from polling place• Loitering prohibited within 100 feet of the

outside door

POLL WATCHERS

• Appointment• Certificate• Badge• Number of appointments• Hours of service

[Ch. 33]

EARLY VOTING ROSTERS

Rosters• Separate rosters– Early voting in person, including:

• Special voting and• Limited ballot voting

– Early voting by mail

• Public Information– Rosters are public information at the beginning of the next

day after the date information has been entered onto the roster or a by mail ballot has been received by the EV clerk. EXCEPT: Annual ABBMs

REPORTING

Reporting to Canvassing Authority

• Early voting clerk delivers report of:– Total number of early voting votes for each

candidate and measure by election precinct