Download - Early Voting by Personal Appearance 32 nd Annual Election Law Seminar County Election Officials
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Early Voting by Personal Appearance
32nd Annual Election Law SeminarCounty Election Officials
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Overview• Election Clerks• Early Voting Period• Main Early Voting Polling Place• Polling Place Procedure• Poll Watchers• Early Voting Roster• Reporting
Note: Unless otherwise indicated all statutory references are to the Texas Election Code
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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]
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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]
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ELECTION CLERKS
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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]
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Early Voting Clerk
• Election Services Contract:• Joint Election Agreement
[§ 31.097]
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Deputy Early Voting Clerk
• Appointed to assist the EV Clerk• Same authority as the EV Clerk• Subject to EV Clerk’s supervision
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Deputy Early Voting Clerk
Permanent Deputy Early Voting Clerk
Temporary Deputy Early Voting Clerk
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Appointment Procedure
• Permanent EV Deputy – Eligibility:– not required to be qualified voter of the county
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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)]
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EV Deputy Clerk – List Procedure for Appointment
Applies for the November General Election for State & County Officers (even-numbered years)
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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]
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Student Election Clerk
• NEW LAW: Senate Bill 553 (2013)– 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 2 student early voting clerks at an early
voting polling place
[§§ 32.0511, 83.012]
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EARLY VOTING PERIOD
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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)]
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Early Voting Period
November 2014 Election:
Monday, October 20, 2014(15th day before election day)
thru
Friday, October 31, 2014(4th day before election day)
[§ 85.001]
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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)]
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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)]
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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
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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
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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]
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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
[§§ 85.006, 85.007]
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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
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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]
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MAIN EARLY VOTING POLLING PLACE
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Main Early Voting Polling Location
• Location dependent on who early voting clerk is:– County Clerk: (2) rules
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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)]
=
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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)]
=
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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)]
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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]
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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)]
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Note: Accessibility
• Remember – like an election day polling place, early voting location must be accessible
[§ 43.034(c), Ch. 469, Tex. Gov’t. Code]
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Branch Early Voting
• Are they required?• How many locations?• What are the hours?
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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.
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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
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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.
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POLLING PLACE PROCEDURE
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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]
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Early Voting - Polling Place Procedure
Voter ID: 1 of 7 - acceptable forms of IDOR
Voter must have “(E)” notation on voter registration certificate
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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
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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]
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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]
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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]
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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]
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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
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Assistance to Voter
• Procedures the same as those on election day– except that only one election official instead of
two may assist
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Assistance to Voter
• NEW LAW (SB 910): procedure amended to provide that curbside voting 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]
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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]
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Electioneering
• NEW LAW (HB 259): 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)]
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Bystanders & Loitering
• Bystanders excluded from polling place• Loitering prohibited within 100 feet of the
outside door
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POLL WATCHERS
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• Appointment• Certificate• “Badge” NEW LAW (SB160)• Number of appointments• Hours of service
[Ch. 33]
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EARLY VOTING ROSTERS
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Rosters
• Separate rosters– Early voting in person, including:• Special voting and• Limited ballot voting
– Early voting by mail
• Public Information– NEW LAW (SB 910)
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REPORTING
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Reporting to Canvassing Authority
• Early voting clerk delivers report of:– Total number of early voting votes for each
candidate and measure by election precinct