Preparing for Your Election

1. Preparing for Your Election Texas Secretary of State CSO Election Law Seminar - November 2018 Texas Secretary of State Elections Division

2. Type of Entity/Legal Situations • Determine the type of your entity, and any legal situations impacting your entity, i.e. court orders. • Why is it important? • Determines the law governing your entity. • Assists in properly calling elections/special elections. • Determines if you can move your date of general election. • May have certain requirements under a court order. • Look at your handbook! Texas Secretary of State

3. Type of Entity • Examples for Cities • Type A • Type B • Type C • Home Rule • Examples of Water Districts • Municipal Utility Districts • Water Improvement Districts • Examples for Schools • ISD operating under a court order Texas Secretary of State

4. Term Lengths • Determine the term lengths for your entity’s governing body. • Why is this important? • Assists in determining what offices will go on the ballot, and if an election needs to be called. • Assists in determining if a special election needs to be called. • Assists candidates in determining what positions will be on the ballot. Texas Secretary of State

5. Method of Election • Determine your political subdivision’s method of election. • Why is this important? • Allows the election to be ordered correctly. • Ensures that ballots are correct. • Allows candidates to know what positions will be on the ballot, and if they are eligible. • Avoids challenge to the election. Texas Secretary of State

6. Method of Election • Options: • Pure-at-Large • At-Large-By-Place/Position • Single Member District • Combination of At-Large and Single Member • Cumulative Texas Secretary of State

7. Pure at-Large • The candidates run as one group on the ballot. • All qualified voters in the political subdivision may vote in the race. • The top “vote-getters” win the number of positions available. • Generally, pure at-large is the “default” method of election for cities and school districts, and it takes an action by the governing body (or a court) to change method of election. • Special Law Districts have method of election set by enacting legislation. Texas Secretary of State

8. Pure at-Large Ballot: Results: Election Results May 4, 2019 Candidates Votes Barney 61 Fred 122 Wilma 133 Bam Bam 71 Dino 85 TOTAL472 Texas Secretary of State

9. At-Large By Place/Position • The candidates run in separate groups on the ballot for each available position. • All voters within political subdivision get to vote in all races. • It generally takes an act of the governing body or a court order to move to this type of method of election. Texas Secretary of State

10. Single Member District • The territory of the political subdivision is divided into districts, and candidates run in their district of residence. • ONLY voters within the district can vote. • It generally takes an act of the governing body or a court order to move to this type of method of election. Texas Secretary of State

11. Single Member District Example: • City of Hoo • Home Rule City: 5 Single Member Districts • District 1 and District 3 positions expire in 2019 • 3 people submit applications for District 1 • 2 people submit applications for District 3 Texas Secretary of State

12. Single Member District Ballot Results Election Results May 4, 2019 District 1 Candidates Votes Poe 125 O’Keefe 85 Byrd 175 TOTAL 385 District 3 Candidates Votes Marshburn 101 Melvin 192 TOTAL 293 Texas Secretary of State

13. Combination of At-Large & Single Member • Political subdivision is divided into single member districts where voters from that district elect a representative, but also elect at-large members. • Example: • Eagle ISD: • 5 Single Member Trustee Districts • 2 At-Large Positions Texas Secretary of State

14. Cumulative Voting • Candidates appear in one group on the ballot, voters cast as many votes as there are open seats and can put more than one vote on a preferred candidate. • RARE in Texas, but some school/college and special law districts use cumulative voting. Texas Secretary of State

15. Method of Election • If you don’t know your method of election: • Home-Rule Charters • Enacting legislation • Previous election records, including sample ballots • Newspapers articles • Historical DOJ submission files • Internal files – board records • Legal Files, including court orders • School district policy manual Texas Secretary of State

16. Vote Requirement • Plurality: A candidate must receive more votes than any other candidate for the office. • Majority Vote: A candidate must receive more than 50% of the total vote. • Runoff Election: If no candidate received the vote necessary to be elected in an election requiring a majority vote, a runoff election is required. (2.021) Texas Secretary of State

17. Methodsof Voting • Paper Ballots that are hand counted. • Paper Ballots that are counted with an Optical or Digital Scannerbased Voting System. • Direct Recording Electronic (DRE) Voting System. Texas Secretary of State Elections Division

18. Hand Counted Paper Ballots • References in the election code to “paper ballots” are referring to hand counted paper ballots. • Procedures for conducting a hand count: • Election Judges and Clerks Handbook, Chapter 5. • Early Voting Ballot Board Handbook, Chapter 3 Texas Secretary of State Elections Division

19. Ballot Preparation • No specific statutory deadline. • Ballots must be prepared, finalized, and testedin time for mail ballots to be mailed in compliance with Section 86.004 of the Texas Election Code, UOCAVA, MOVE. • 45th day before May 4, 2019= Wednesday, March 20, 2019 Texas Secretary of State Elections Division

20. Who Prepares the Ballot? Texas Secretary of State Elections Division

21. Ballot Format Requirements • Printed on white or light-colored paper (not yellow) with black ink or some other color as approved by SOS. • Numbered consecutively beginning with 1.   • Mustbe in uniform size and type. • Ballots must in English and Spanish. Texas Secretary of State Elections Division

22. Ballot Format Requirements • Nature of the electionand date of the election must be printed at the top of the ballot. • “OFFICIAL BALLOT” must be printed in large letters on the ballot immediately below the designation and date of the election. • “unexpired term” shall be printed on the ballot following the office title, if applicable. • each proposition stating a measure shall appear on the ballot after the listing of offices= Section 52.072(c) & (d) of the Texas Election Code • NEW: Propositions must include the name of the entity in the title, must be designed by letter, not number • “voting squares” and mandatory instructions = Sections 52.070, 52.071 & 124.063 of the Texas Election Code. Texas Secretary of State Elections Division

23. Ballot Drawing • Who conducts drawing? • Authority responsible for preparing the ballot. • Who is entitled to be present? • Each candidate who is affected by the drawing may be present or have a representative present. Texas Secretary of State Elections Division

24. Ballot Drawing • Notice Requirements for Candidates • City Elections or elections held at county expense: • On receipt of a candidate’s written request accompanied by a stamped, self-addressed envelope, authority is required to mail notice to candidate • All other political subdivisions, • Required to mail written notice of the date, hours and place of the drawing to each candidate at the address on application no later than the fourth day before the date of the drawing Texas Secretary of State Elections Division

25. Ballot Drawing • Notice requirements: • Date, Hour, and place of drawing. • Notice must be posted for at least 72 hours preceding the drawing. • Notice must be posted in the office of the authority conducting the drawing. • Sample Notice: AW3-2. Texas Secretary of State Elections Division

26. Minimum Number of Ballots Formula for calculating number of ballots to be ordered: A x B* + C = D Legend: A = percentage of voter turnout in a precinct B* = current number of registered voters in precinct C = 25% of A x B D = minimum number of ballots to be ordered *REGISTERED VOTERS WHO APPEAR ON THE LIST WITH A "S" DESIGNATION DO NOT HAVE TO BE INCLUDED IN THE TOTAL NUMBER OF REGISTERED VOTERS IN THE PRECINCT. Use figures from last like election (May 2018 uniform date or earlier, as applicable) to perform calculations. Texas Secretary of State Elections Division

27. Finalizing Your Ballot • Best Practices • Have multiple people in your office look at ballot. • Provide a copy of ballot to candidates for review. • Verify the following: • Spelling of Candidate Names. • Positions on the Ballot. • Order of Names on the Ballot. • Accuracy of Translations. Texas Secretary of State Elections Division

28. Ballot Correction • Occurs when mistake on ballot could affect the choice of the voter. • Three options for correcting a ballot: • Stickers, • Line out or otherwise obscure, or • Reprint. Texas Secretary of State Elections Division

29. Ballot Correction • Requirements for a Ballot Correction: (52.006-52.0064, Election Code) • Notify SOS within 24 hours of decision. • Destruction of incorrect ballots. • Make record of ballots destroyed. • Order new ballots beginning with ballot #1. • Mail corrected ballots to voters who have been mailed an incorrect ballot. Texas Secretary of State Elections Division

30. List of Registered Voters • Talk to your county voter registrar to see if your political subdivision’s information is the most up-to-date. • Why is this important? • Ensures correct list of registered voters can be provided by Voter Registrar(s). • Ensures voters get the correct ballot, and ensure voters that are registered are allowed to vote. • Avoids challenge to the election. Texas Secretary of State

31. List of Registered Voters • The County Voter Registrar will prepare the list upon request. • If the list is to include voters from county election precincts partly located in your entity’s territory, you must include a map of the boundaries. • The map must be sufficient in detail to allow the registrar to prepare the list. • The map must be provided with enough time to allow the registrar to prepare the list. [18.001] Texas Secretary of State

32. List of Registered Voters • Review information with your voter registrar especially if your political subdivision has: • Recently been created • Recently been incorporated • Annexed land • Redistricted • Changed to single member districts for method of election Texas Secretary of State

33. Polling Places • We recommend that you review your list of polling places as soon as possible. • Allows you to work with building owner schedules, e.g. community center. • Allows you to work out security plans for schools. • Allows you to find alternate locations. • Ensures compliance with state and federal law on accessibility. Texas Secretary of State

34. Supplies • Order supplies ahead of time. • Why is this important? • Allows you to be prepared for voting by mail, early voting and election day. • Helps determine costs. • Ensures ballots go out on time. • Be sure to allow time to proof ballots. Texas Secretary of State

35. Questions? elections@sos.texas.gov Texas Secretary of State