Responsibilities of the Early Voting Clerk for Early Voting and Election Day

1. Responsibilities of the Early Voting Clerk for Early Voting and Election Day Heidi Martinez 2017 Election Law Seminar for Cities, Schools and Other Political Subdivisions

2. Outline • Responsibilities during Early Voting • Dates and Times and Notice • EV Locations (Main, Permanent & Branch) • Roles of the EV Clerk at Main EV location • Responsibilities on Election Day • Determining polling places & notice • Hours & Special Forms of Early Voting Texas Secretary of State Elections Division

3. Early Voting Responsibilities Texas Secretary of State Elections Division

4. EV Period • General Rule: • Begins 17 days before election day • Ends 4 days before election day • But, there are exceptions (May uniform date, runoff elections, etc.) • May Rule is 12th day to 4th day Early voting will begin Monday,April 23, 2018 Early voting will end Tuesday,May 1, 2018 Texas Secretary of State Elections Division

5. Main Early Voting Location Texas Secretary of State Elections Division

6. Main Early Voting Polling Location • [§§ 85.002(b)] Texas Secretary of State Elections Division

7. Note: Contracts and Joint Elections REMEMBER • County clerk may be serving as early voting clerk under a contract for election services or joint election agreement. • Main early voting polling place may be at county office building. • Main early voting polling place may be at location outside of your political subdivision. [Chapters 31 and 271, generally] Texas Secretary of State Elections Division

8. Note: Fee for Use of Public 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)] Texas Secretary of State Elections Division

9. Note: Accessibility • Remember – like an election day polling place, early voting location must be accessible [§ 43.034(c), Ch. 469, Tex. Gov’t. Code] Texas Secretary of State Elections Division

10. EV Hours • Polling place hours will depend onwho is designated by statute who the EV Clerk is • CEO • City Secretary • Other Texas Secretary of State Elections Division

11. Dates & Times of Early Voting • [§ 85.005] Texas Secretary of State Elections Division

12. Extended Hours - Weekdays Election ordered by a city Where: main early voting location When & Time: - if – • one weekday for 12 hours IF: • EV Period – less than six weekdays; or • two weekdays for 12 hours IF: • EV Period – 6 or more weekdays Texas Secretary of State Elections Division

13. Extended Hours - Weekends • County Election Officer or City Secretary may order by written order at the main early voting location • Determine the extended hours on Saturday & Sunday [§ 85.006] Texas Secretary of State Elections Division

14. Extended Hours - Weekends • Other Early Voting Clerk official – • The authority ordering an election may order early voting at the main early voting location Texas Secretary of State Elections Division

15. Extended Hours - 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 for a city or county  must meet 72 hour notice requirement. • For everyone except counties or cities  the petition has to be submitted prior to ordering the election. [§§ 85.006, 85.007] Texas Secretary of State Elections Division

16. Branch Early voting polling place Texas Secretary of State Elections Division

17. Permanent Branch Locations • Branch offices that are regularly maintained for conducting general clerical functions of the county clerk are required to serve as permanent branch early voting locations. • Used only in countywide election in which the county clerk is the EV clerk under §83.002. • Days and Hours: These polling locations keep the hours and days as the main early voting polling place. (§85.063) • Exception to Use of Permanent Braches: • Governing body may establish a temporary branch polling location to be used instead of a permanent branch location. Texas Secretary of State Elections Division

18. Temporary Branch Locations • Entity may establish one or more temporary early voting polling places. • Established by: • County Clerk as EV Clerk→ Commissioners Court • Any other Early Voting Clerk →Governing Body of Political Subdivision. (§85.062(a)(2)) Texas Secretary of State Elections Division

19. Temporary Branch Locations • Location: • In territory served by Early Voting Clerk, and; • In a stationary structure. (§85.062(b)) • Cannot be in a candidate’s (or relativeto candidate’s) home. MUST be “fixed at one place” for duration of period voting is required to be conducted. (§85.062(c)) Texas Secretary of State Elections Division

20. Record Keeping at Branch Location Procedures if using the same ballot box for different branch locations: • Start new forms at each branch location, or; • Clearly show the different locations by continuing to use the same forms but making a line or other notation across the form to denote when voting begins and ends at each branch location. Two options for ballot boxes and forms (except daily register) to reflect the different branches: • Ballot box “inactivated” when voting is completed at the branch location, or; • Use one box for mobile voting locations, but clearly distinguish branches on documents. Texas Secretary of State Elections Division

21. Ballots at Branch Locations • Two options for a branch location: • May retain voted ballots at branch location in locked room that is accessible only to election officials, or; • May be delivered by election officers or law enforcement officers to the main early polling place at the end of each day’s voting. (§85.071) Texas Secretary of State Elections Division

22. Any voter can vote at any early voting location! Texas Secretary of State Elections Division

23. Use of County Election Precincts • Section 42.002 requires that all political subdivisions use county election precincts for elections held on the May uniform date (even or odd), EXCEPT when: Texas Secretary of State Elections Division

24. Section 42.002 – Where do you want flexibility? Texas Secretary of State Elections Division

25. NOTICE REQUIREMENTS Texas Secretary of State Elections Division

26. Notice of Election • Election 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 if ordered. • Recommended: Include branch locations, dates, hours. Texas Secretary of State Elections Division

27. Notice of Weekend Early Voting • Saturday or Sunday • For counties and cities, must post notice of dates and hours 72 hours immediately preceding the first hour that the voting will be conducted. • For all other political subdivisions: Voting on any Saturday or Sunday must be included in the order and notice of election. Texas Secretary of State Elections Division

28. Notice of Branch Early Voting • When? 5 days before early voting by personal appearance begins. • Where? Bulletin board used for posting notices of meetings of the governing body. • What? Notice must contain: • The location of each branch polling place and the election precincts served by each branch. • The dates and hours temporary branch voting will be conducted. (§85.067) • Saturday and Sunday hours can be posted in a separate notice. (§85.068) Texas Secretary of State Elections Division

29. Amending Notice of Branch Early Voting • Amending the bulletin board notice: • May be amended after the 5th day before early voting begins to include notice of additional temporary branch. • Notice of the amendment must be posted no later than the 5th day before voting will begin at the additional temporary branch. (§85.067) Texas Secretary of State Elections Division

30. Notice Requirements • Section 85.007 now requires that the • Election Notice, • Notice of Branch Early Voting, and • Notice of Early Voting on Saturday or Sunday be posted on the entity’s internet website, if available. Texas Secretary of State Elections Division

31. Early Voting procedures Texas Secretary of State Elections Division

32. Polling Place Procedures • Generally, the early voting procedures related to qualifying a voter are the same as election day procedures. • There are a few key differences…. Texas Secretary of State Elections Division

33. Ballots • Early Voting Clerk’s initials – • on the back of each ballot to be used at the early voting location [§ 85.0311] Texas Secretary of State Elections Division

34. 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] Texas Secretary of State Elections Division

35. 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] Texas Secretary of State Elections Division

36. 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 Texas Secretary of State Elections Division

37. Election Records – Branch Daily Register • Branch daily register (functionally, this is the combination form/poll list) must be kept for each branch. • Must show name, address, VR number, and precinct number for each voter who voted at the branch that day. • Must be delivered to early voting clerk at the end of each day. • Must be preserved for period retaining election records. • Copy must be kept at branch location. (§85.072) Texas Secretary of State Elections Division

38. Special forms of early voting Texas Secretary of State Elections Division

39. Special Forms of Early Voting • Late Voting • Disabled Voter – Chapter 102 • Death in Immediate Family – Chapter 103 • Disabled Voter on Election Day – Chapter 104 • Military Personnel and Overseas Voters – Chapter 105 • Voting by Persons on Space Flight – Chapter 106 • Limited Ballot – Chapter 112 Texas Secretary of State Elections Division

40. Mail Ballot cancellation during EV • Process depends on what the voter has (or doesn’t) • Also depends on when the voter requests cancellation (§84.032) Texas Secretary of State Elections Division

41. Mail Ballot cancellation during EV– Part A Texas Secretary of State Elections Division

42. Mail Ballot cancellation during EV– Part A • Allows a voter to cancel at the main EV location without their ballot • ONLY occurs at main EV location • This is the only situation in which a voter can cancel without their ballot and vote a regular ballot • Must be received prior to the third day before election day and after ballot is mailed to voter but before by mail ballot arrives back at EV clerk’s office Texas Secretary of State Elections Division

43. Mail Ballot cancellation during EV– Part B Texas Secretary of State Elections Division

44. Mail Ballot cancellation during EV– Part B • Allows a voter to cancel and vote a regular ballot, provided they surrender their mail ballot • Can be done at any EV location, not just main • To be used on or after the third day before election. Can also execute an affidavit that the applicant has not received the ballot to be voted by mail; or • Can also execute an affidavit that the applicant never requested a ballot to be voted by mail. (New Law-Effective December 1, 2017 per SB 5) Texas Secretary of State Elections Division

45. Mail Ballot cancellation during EV– Part C Texas Secretary of State Elections Division

46. Mail Ballot cancellation during EV– Part C • Allows a voter at any time after the early voting ballot is returned to the EV clerk as a marked ballot but before delivery to the EVBB by appearing in person and executing affidavit that the applicant did not mark the ballot • Can ONLY be executed at the EV Clerk’s office Texas Secretary of State Elections Division

47. Mail Ballot cancellation during EV– Miscellaneous • Some procedures apply to both EV and on election day • Voters CANNOTreturn their marked mail ballots (to be counted) during early voting • This procedure is for ELECTION DAY ONLY Texas Secretary of State Elections Division

48. Election Day Responsibilities Texas Secretary of State Elections Division

49. Designation of Polling Places • Governing Body designates polling places within each precinct • Location of polling places must be included in the Notice of Election. Texas Secretary of State Elections Division

50. Delivery of Supplies • Must deliver supplies to polling places (§51.004) • Must securely transport voting systems to polling place and securely storing equipment in polling place before voting begins. • Must deliver other supplies-forms, booths, etc. Texas Secretary of State Elections Division