In Person Voting: D uties of Election Judge/Early Voting Clerks

1. In Person Voting: Duties of Election Judge/Early Voting Clerks Tim Juro Election Law Seminar for Counties 2018 Texas Secretary of State Elections Division

2. Agenda • Setup of Polling Place • Security of Ballot Boxes • Activities in Vicinity of Polling Place • Procedures for Voting • Closing Polling Place Texas Secretary of State Elections Division

3. Setup of Polling Place • Must arrange check-in table and voting booths, and list of registered voters (and/or e-pollbook). (62.004) • Must post required notices/signs, e.g. sample ballot, acceptable ID poster, distance marker. These are listed in the handbook. • Must take/give oaths and prepare name tags. (62.003, 61.010, Texas Constitution Art. XVI, Sec. 1) • Polling place must be open from 7 a.m. to 7 p.m. (41.031) Texas Secretary of State

4. Duties - Judges • What does a judge do? • Manage polling place; must be present all day. • Administer any oaths required • Including the constitutional oath • Complete and sign judge’s portion of provisional voter affidavit. • Sign off on other necessary forms such as Statement of Compensation and Oaths. • Designate working hours and assign duties for clerks. • May appoint special peace officers (required to be licensed as peace officers by Texas Commission on Law Enforcement), as needed, to preserve order. • Has power of district court judge while serving at polling place, including power to issue arrest warrants. (32.071-32.075 ) Texas Secretary of State Elections Division

5. Preparing Ballots • Scanned/ Paper Ballots: • Early Voting: Early Voting Clerk must initial each ballot used at the polling place or a deputy must stamp a facsimile of the Clerk’s initials. (85.0311) • Election Day: Presiding Judge must sign or stamp a facsimile of signature on the back of each ballot used at the polling place. (62.008) • DREs: There is no requirement for a signature on these voting system ballots. • Texas-Specific Definition of a DRE System: • The printed cast vote record should contain the signature or initials on the back of the ballot. Texas Secretary of State

6. Preparing Ballots/Boxes/Equipment • First Day of Early Voting: • If using regular ballot box for hand counted ballots or centrally scanned ballots: Ballot boxes will be delivered pre-locked/pre-sealed. EV Judge will ensure that box is still locked/sealed before voting begins, and then remove seal to allow deposit of ballots. (85.032, Ch. 127) • If using DRE: The equipment will be delivered securely and sealed. EV Judge will ensure the equipment is still properly sealed. Then the judge will remove the seals from the equipment to allow voting on the machines, and also print a tape showing zero votes have been cast. (Ch. 129/SOS Advisory) Texas Secretary of State

7. Preparing Ballots/Boxes/Equipment • Election Day: • If using regular ballot box for hand counted ballots: Judge will open ballot boxes to ensure they are empty, and then lock them to prepare them for voters to deposit their ballots. (62.005) • If using a central scanner: Ballot boxes will be delivered pre-locked/pre-sealed. EV Judge will ensure that box is still locked/sealed before voting begins, and then remove seal to allow deposit of ballots. (85.032, Ch. 127) • If using precinct scanner: Scanner will be delivered pre-locked/pre-sealed. Judge will ensure the equipment is still properly locked/sealed. Then judge will remove the seal to allow deposit of ballots, and also print a tape showing zero votes have been cast. (Ch. 127/SOS Advisory) • If using DRE: The equipment will be delivered securely sealed. EV Judge will ensure the equipment is still properly sealed. Then the judge will remove the seals from the equipment, to allow voting on the machines, and also print a tape showing zero votes have been cast. (Ch. 129/SOS Advisory) Texas Secretary of State

8. Security During Early Voting • At the close of each day of early voting: • If using regular ballot box for hand counted ballots or centrally scanned ballots: At main location EV Judge shall seal the ballot box and securely store it for the evening. At branch locations, EV Judge shall either seal the ballot box and securely store it, or deliver to main location. (85.032, 85.071, Ch. 127) • On the next day, EV Judge shall ensure the ballot box is still securely sealed, or shall ensure that a pre-sealed/pre-locked ballot box has been delivered. Then EV Judge will unseal the ballot box. • If using DRE: EV Judge should print a report showing total number of ballots cast on the DRE. (This is not a results tape.) The DRE must then be powered down, unplugged and secured for the evening. (Ch. 85/TAC Rule) • On the next day of early voting, the EV Judge shall ensure equipment is still properly sealed. Then the EV Judge will unseal the equipment, power it back on, and print a report to show the total number of ballots cast, and compare it to the report printed on the previous day. Texas Secretary of State

9. Security During Early Voting • On the last day of the early voting period: • If using regular ballot box for hand counted ballots or centrally scanned ballots: EV Judge shall seal the ballot box and deliver it to the Early Voting Clerk along with records. (Ch. 85) • If using DRE: EV Judge shall print a report showing total number of ballots cast on the DRE, and verify is matches number of voters on register. (This is not a results tape.) The EV Judge shall then deliver media to the Early Voting Clerk along with records. (SOS Advisory) Texas Secretary of State

10. Security During Early Voting • At no point should EV Judge count EV in person ballots/ print results tapes!!! • EV Judge does not count EV in person ballots! • These ballots are counted by Early Voting Ballot Board or at Central Counting Station. • It is unlawful to release results of the election before polls close. (Note that poll watchers may be present during EV period and could see these results.) Texas Secretary of State

11. Activities in Vicinity of Polling Place • Bystanders • Electioneering and Loitering • Written Materials • Sound Devices • Wireless/Recording Devices • Exit Polling Texas Secretary of State

12. Bystanders • A person may not be in the polling place from the time the presiding judge arrives until the polls have closed and the judge has completed the returns/ballots prepared for delivery to CCS. It is a class C misdemeanor. • Exception: • Candidates (if voting or conducting official business within building, and not within view/hearing of voters and not engaged in campaign activity.) (61.001) Texas Secretary of State

13. Electioneering • Electioneering is advocating for or against a candidate, measure, party or issue. • Section 61.003 provides that electioneering includes “the posting, use, or distribution of political signs or literature.” • Electioneering within the protective legal boundary surrounding a polling place is a crime; it is a Class C misdemeanor. Texas Secretary of State

14. Electioneering • The required 100 foot distance markers surrounding polling places mark the legal boundaries against electioneering. Texas Secretary of State

15. Electioneering • The entity that owns or controls a public building being used as an election day or early voting polling place may not, at any time during the voting period, prohibit electioneering on the building's premises outside of the 100-foor distance marker, but may enact reasonable regulations concerning the time, place, and manner of electioneering. • Example: electioneering may not be completely prohibited outside the 100-foot distance from the entrance to a school building being used as a polling place. Texas Secretary of State

16. What is NOT electioneering? • Voter Assistance Materials (§ 61.011) • Voters are permitted to bring written materials into the voting place to help them vote. • Election officials should periodically check the polling place and dispose of any such materials left behind. • Exit polling, if not disruptive. • Notices of party conventions (for primary election) Texas Secretary of State

17. What is NOT electioneering? • Name Tags Worn by Certain Officials (§§ 33.051, 61.010) • Election judges, clerks, state or federal inspectors, peace officers, and poll watchers must wear name tags or official badges while on duty to identify them. • Upon accepting a poll watcher for service, an election official will provide the poll watcher with an ID (prescribed by the SOS), which the poll watcher must wear while serving as a watcher. • No other person may wear a name tag or badge in the polling place. An offense is a Class C misdemeanor. Texas Secretary of State Elections Division

18. If electioneering is going on … • What if someone is electioneering? (§ 32.075) • Presiding judge has responsibility to ensure safe, confidential voting at polling place. • Presiding judge may ask a disruptive person to leave. • If a voter, they must be given the opportunity to vote before removal from polling place. • What if they won’t stop? • The presiding judge may summon a peace officer. Texas Secretary of State Elections Division

19. Electioneering: Tips to Remember • Electioneering is permitted outside the 100 foot distance markers • Unless person is using a prohibited sound amplification device, such as a megaphone or speaker system, within 1,000 feet of polling place. • Unless reasonably restricted on the premises of a public building • Presiding judge may not enforce outside of distance markers. Texas Secretary of State Elections Division

20. Sound Devices • A person may not operate a sound amplification device within 1,000 feet of building that contains polling place, if being used to: • make a political speech, or • electioneer. (61.004) Texas Secretary of State

21. Wireless/Recording Devices • Wireless communications devices or devices to record sound or images may not be used within 100-feet of voting stations. • This includes cell phones, cameras, tablets, that can communicate wirelessly or take pictures. • Presiding election judge has authority to require persons to deactivate any such devices and to require persons who do not comply to leave the polling place. (§§ 61.014, 62.0111) Texas Secretary of State

22. Wireless/Recording Devices • Exception: Election officer conducting officer’s official duties; • Exception: Use of election equipment necessary for the conduct of the election. • Exception: Persons employed at the polling location while acting in course of person’s employment. • Exception: Persons using assistive technology devices. PJ has discretion on this type of use. • Poll watcher may not be accepted for service if poll watcher has possession of a device capable of recording images or sound unless poll watcher agrees to disable or deactivate the device. (§ 33.051) • Media is also prohibited! (§ 61.001) Texas Secretary of State

23. Exit Polling • EV Judge or ED judge may allow non-disruptive exit polling within the 100-foot boundaries surrounding each early voting and election day polling place. • Must determine that such exit polling does not constitute either (1) “loitering” in violation of Section 61.003(a) of the Code or (2) a disruption of order or a contribution to a breach of the peace at the early voting or election day polling place. (61.003(a), 32.075, 81.002) Texas Secretary of State

24. Procedures • Persons Allowed in Polling Place • Qualifying Voters • Provisional Ballots • Cancelling Mail Ballot • Assistance • Curbside Voting • Interpreting • Emergency Ballot Procedures • Complaints Texas Secretary of State

25. Persons Allowed in Polling Place • Voters (63.001) • Election Workers (including voting system technicians) (Ch. 32, 125.010) • Minors if with parent/guardian or voting in student election (64.002, 276.007) • Assistants (including Interpreters) (61.032, 64.032, 64.009, U.S.D.C. W.D. Tex. Civ. Action No. 1:15-cv-00679-RP (Docket Nos. 60, 66)) • Pollwatchers (33.052) • State and Federal Inspectors (34.004, VRA) • County Chair (in primary election only) (172.113) • Law Enforcement (if requested by Judge) (32.075) Texas Secretary of State

26. Qualifying Voters • Voter Meets Identification Requirements • Voter is Located on List of Registered Voters • Have You Moved? • Check-in Voter • Voter Signs Combination and Accepts Applicable Affidavits • Voter Casts Ballot Texas Secretary of State

27. Step 1A: Voter Identification • The voter should be asked whether the voter possesses one of the acceptable forms of photo ID on “List A” that is either current or not expired more than four years. • If the voter says “yes”, the voter is required to present that form of photo ID. • NOTE: If a voter has continued access to their acceptable form of photo ID, but, for example, forgets to bring their acceptable form of photo ID to the polling place and/or left it, for example, at home or in their car, the voter still possesses the acceptable photo ID and must use it to vote. If the voter informs you that they possess an acceptable form of photo ID, but did not bring it to the polling place, e.g. they left it at home, the voter has two options: • The voter may leave the polling place and return with their acceptable form of photo ID before polls close, or; • The voter may vote a provisional ballot and bring the acceptable form of photo ID to the voter registrar within 6 days of the election date to cure their ballot, or complete a natural disaster affidavit because the voter’s acceptable form of photo ID is inaccessible due to certain natural disasters. Texas Secretary of State Elections Division

28. Step 1A: Voter Identification (Cont’d) • If the voter says “no”, the voter does not possess one of the acceptable forms of photo ID on “List A”, ask the voter if he or she cannot reasonably obtain one of the acceptable forms of photo ID on “List A.” If the voter indicates “yes”, you must inform the voter that he or she can present a supporting form of ID on “List B” and complete a “Reasonable Impediment Declaration.” If the voter presents a supporting form of ID and completes the Declaration, the voter will then complete their check-in, and proceed to the voting booth to cast a regular ballot. • If the voter cannot reasonably obtain one of the acceptable forms of photo ID on “List A”, and did not bring a supporting form of ID on “List B” to the polling place, the voter may return to the polling place with a supporting form of ID on “List B” before the polls close, and execute a Reasonable Impediment Declaration and vote then, or the voter may vote a provisional ballot and bring an acceptable form of photo ID on “List A” to, or qualify for one of the exemptions to presenting an acceptable form of photo ID (disability, natural disaster, or religious objection to being photographed) with, the voter registrar within 6 days to cure their ballot. Texas Secretary of State

29. Acceptable Photo ID- “List A” There are 7 forms of acceptable photo IDs on “List A”: • Texas Driver License issued by the Texas Department of Public Safety (“DPS”); • Texas Election Identification Certificate (“EIC”) issued by DPS; • Texas Personal Identification Card issued by DPS; • Texas License to Carry a Handgun issued by DPS (including Concealed Handgun Licenses); • United States Military Identification Card containing the person’s photograph (multiple forms; acceptable forms must be federal, military, and contain a photo); • United States Citizenship Certificate (including Certificate of Naturalization) containing the person’s photograph; • United States Passport (book or card version is acceptable). A voter can use any form of acceptable photo ID on “List A” Sample images of acceptable photo IDs from “List A” are online at: http://www.sos.state.tx.us/elections/forms/id/acceptable-forms-of-ID.pdf . Texas Secretary of State Elections Division

30. Expiration Date of “List A” IDs • The identification must be current or have expired no more than 4 years before being presented for voter qualification at the polling place.This is different from the previous 60 day expiration period. • A voter aged 70 or older may use any “List A” ID, no matter for how long it has been expired (including if it is expired for more than 4 years); the 4 year limit will continue to apply, however, for voters aged 18-69 • There are some forms of acceptable identification that do NOT expire and are current at the time of voting, including: • Certificates of Citizenship/Naturalization; • Uniformed Services IDs (Military) (may be marked “INDEF” or not contain any expiration date); • Veterans Affairs IDs (Military) (may be marked “INDEF” or not contain any expiration date); • Certain Texas ID cards for persons aged 60 or older (may be marked “INDEF”), and Texas EICs for persons aged 70 or older. • NOTE: A voter who does not possess an acceptable form of photo ID from “List A” includes a voter who does not possess a valid acceptable form of photo ID. Accordingly, a voter with a lost, stolen, suspended, or past the 4 year limit (if applicable) “List A” ID does not possess one of the acceptable forms of photo ID, and the voter could qualify for the Reasonable Impediment Declaration procedure if the voter cannot reasonably obtain a replacement of the “List A” ID that was lost, stolen, suspended, revoked, expired, or another form of “List A” ID. [See Slide 34 for a list of reasonable impediments.] Texas Secretary of State Elections Division

31. Supporting Forms of ID- “List B” • If the voter does not possess an ID from “List A,” and the voter cannot reasonably obtain an ID from “List A”, they may present one of the following forms of ID and execute the “Reasonable Impediment Declaration”: • a copy or original of a government document (issued by the federal government, a federally recognized tribal government, or a state or local government in the United States) that shows the name and an address (the address does not have to match the voter’s registration address) of the voter, including the voter's voter registration certificate; • A copy or original of a current (dated within 2 months of presentation) utility bill • A copy or original of a bank statement; • A copy or original of a government check; • A copy or original of a paycheck; or • A copy or originals of (a) certified domestic (from Texas, another U.S. state or territory) birth certificates, as well as (b) documents confirming birth admissible in a court of law and establish the person's identity (which may include foreign birth documents) will be accepted in this category.) Texas Secretary of State Elections Division

32. Other Government Documents on “List B” • Examples Include: • Driver’s licenses from other states • ID cards issued by federally recognized Native American tribes (if the ID card contains an address) • DPS Receipts (without a photo) • Expired voter registration certificates • Expired Texas DPS-issued driver licenses or personal ID cards (over 4 years for voters aged 18-69). • Examples DO NOT Include: • Social Security Cards (no address) • State College IDs (if no address) • State/Federal Employee ID Cards (if no address) • Library Cards (if no address) Texas Secretary of State

33. Reasonable Impediment Declaration • The voter must indicate one of the following impediments: • Lack of transportation • Lack of birth certificate or other documents needed to obtain acceptable photo ID • Work schedule • Lost or stolen photo ID • Disability or illness • Family responsibilities • Photo ID applied for but not received Texas Secretary of State

34. Reasonable Impediment Declaration • You may not question or challenge the voter regarding their lack of, and their being reasonably unable to obtain, List A ID. • If the voter states that they do not possess and cannot reasonably obtain an acceptable ID from “List A,” the election officer may not question the voter as to why. The election officer must explain their right to complete the Reasonable Impediment Declaration and show a supporting form of ID from “List B.” • You may not question the reasonableness of the voter’s reasonable impediment or difficulty or the truth of the declaration. • For example, if the voter checks “lack of transportation”, the election officer may not challenge the voter’s access to a bus route or other means of transportation, or how the voter came to the polling place. • A signed reasonable impediment declaration shall be rejected only upon conclusive evidence that the person completing the declaration is not the person in whose name the ballot is cast. • The election officer should not make a copy of the voter’s “List B” identification. The election officer should not write down other information relating to a voter’s “List B” identification on the Reasonable Impediment Declaration form, such as the state, driver license number, or expiration date of an out-of-state driver license number, a bank account number or the name of a bank, or a voter’s date of birth. • If there is not a line on the form for something to be written, the election officer should not write anything. • After completing the reasonable impediment declaration, the worker must affix the voter’s VUID to the declaration and note on the combo form that the declaration was used by the voter. Texas Secretary of State

35. Common FAQs Q: Does the voter still have to provide their voter registration certificate? A: No. Voter registration certificates are not required to identify voters. They may, however, be used as a form of “List B” identification for those voters who do not possess and cannot reasonably obtain a form of “List A” identification. In addition, if a voter has applied for and received a permanent exemption to presenting identification, and if the voter provides a voter registration certificate with an (E) notation, the voter will not need to present a form of “List A” identification or qualify for the Reasonable Impediment Declaration procedure in order to vote. Texas Secretary of State Elections Division

36. Common FAQs Q: What if a voter does not possess one of the seven forms of “List A” acceptable photo ID? A:The voter should be asked if they cannot reasonably obtain an acceptable form of ID on “List A.” • If the voter indicates “yes”, the voter cannot reasonably obtain a “List A” ID, the election officer must inform the voter that he or she can present a “List B” ID and complete a “Reasonable Impediment Declaration.” If the voter presents a “List B” ID and completes the Declaration, the voter will then complete check-in, and may cast a regular ballot. If the voter does not present a form of “List B” ID , and does not return later with a “List B” ID to vote and fill out the Declaration at that time, the voter may cast a provisional ballot. • If a voter indicates “no”, that instead the voter can reasonably obtain a form of “List A” ID, and does not return later to the polling place with a form of “List A” ID to vote, the voter may cast a provisional ballot. • In order to have these provisional ballots counted, the voter must visit the voter registrar’s office within six days of the date of the election to either present a “List A” ID, or qualify for an exemption: • Voters with a disability may apply with the county voter registrar for a permanent exemption. Those who obtain a disability exemption will be allowed to vote by presenting a voter registration certificate reflecting the exemption (containing an (E)). • Voters who have a consistent religious objection to being photographed and voters who do not present any form of acceptable photo identification as a result of certain natural disasters, may vote a provisional ballot, appear at the voter registrar’s office within six (6) calendar days after election day, and sign an affidavit swearing to the religious objection or natural disaster. Texas Secretary of State Elections Division

37. Common FAQs Q:Does the voter’s name on the list of registered voters need to match exactly to the “List A” or, if applicable, “List B” ID provided? A: No. Voters’ names, as they appear on their IDs and the list of registered voters, do not have to be identical or exact matches to vote. If a voter’s name is not identical, but is “substantially similar,” the voter will need to initial the similar name affidavit, and then proceed as usual to vote a regular ballot. Voters do not need to show additional documentation if their names are identical or substantially similar. NOTE: Voters who present “List A” identification with a substantially similar name to that on the list possess “List A” identification and thus do not qualify for Reasonable Impediment Declarations. Texas Secretary of State

38. Common FAQs Q: What if a voter possesses one of the 7 forms of acceptable photo ID on “List A”, but forgot it at home? A:If the voter informs you that the voter possesses an acceptable form of photo ID, but did not bring it to the polling place, the voter may either return to the polling place with their acceptable photo ID or vote a provisional ballot and bring the acceptable form of photo ID to the voter registrar within 6 days of the date of the election to cure their ballot. Texas Secretary of State Elections Division

39. Common FAQs Q: Does the address on a voter’s “List A”, or, if applicable, “List B”, ID need to match their voter registration address? A:No.You should not compare the address on any ID (List A or List B) to the address on the list of registered voters. You are only required to confirm with the voter that the address on the list of registered voters is correct; this allows the voter registrar to update their registration records. (§63.0011) Texas Secretary of State Elections Division

40. The Address on the Voter’s Identification does NOT have to match the voter’s registration address! Texas Secretary of State

41. An election officer MAY NOTrefuse to accept a voter’s documentation because the addresses do not match!Doing so is in violation of the law! Texas Secretary of State

42. Step 2: List of Registered Voters • Locate the voter’s name on the List of Registered Voters, and: • Confirm registration status; • Confirm name is the same or “substantially similar” • Look for early voting status (“early” or "voted" notation); • Check for suspense list status (“s” notation). Texas Secretary of State Elections Division

43. Confirming Registration Status • If voter appears on list of registered voters, election worker should move to the next step. • If voter the voter does not appear on the List of Registered Voters, one of the following situations may apply: • Incorrect Certificate, Appearing at Correct Precinct • Correct Certificate, Erroneously Omitted from List • No Certificate, Not On List Texas Secretary of State

44. Incorrect Certificate - §63.006 • In this case, the voter has appeared at the correct precinct according to their address, but was erroneously placed into the incorrect precinct during the registration process. They provide a registration certificate and identification (including List B + Reasonable Impediment Declaration, if applicable) at the polling place. • Example: Voter lives within the boundaries of Precinct 1, but their registration certificate states they are in Precinct 2. They are appearing at Precinct 1 to vote. • How to Handle? • Once the election worker checks-in the voter and adds their name to the combination form, they should mark the box labeled “Not On List – 63.006” on the combination form. • The voter should review, and accept Voter’s Affidavit by initialing correct box. • The voter’s name shall be added to the Registration Omissions List. Texas Secretary of State Elections Division

45. Correct Certificate - §63.006 • In this case, the voter is properly registered in the precinct, but they were erroneously left off the List of Registered Voters. They provide a registration certificate and identification (including List B + Reasonable Impediment Declaration, if applicable) at the polling place. • Example: Voter is registered in Precinct 1, they appear at the polling place and meet identification requirements, and present a registration certificate that notes Precinct 1, but they are not on the list. • How to Handle? • Once the election worker checks-in the voter and adds their name to the combination form, they should mark the box labeled “Not On List – 63.006” on the combination form. • The voter’s name shall be added to the Registration Omissions List. Texas Secretary of State Elections Division

46. No Certificate, Not On List - §63.009 • In this case, the voter is not on the list, they may or may not meet identification requirements, and do not have a registration certificate. • How to Handle? • Once the election worker checks-in the voter and adds their name to the combination form, they should mark the box labeled “Provisional – 63.011” on the combination form. • Voter will be offered a provisional ballot. Texas Secretary of State Elections Division

47. Contacting Voter Registrar • Election judges and clerks may contact the voter registrar when a voter comes into the polling place, but his/her name is not on the list of registered voters for the precinct, to determine if the voter is registered in another precinct. • The judge or clerk should direct the voter to the correct precinct if appropriate. • A voter who has not updated his registration information and who insists on voting in the “wrong” precinct must vote provisionally; the ballot will not be counted. Texas Secretary of State Elections Division

48. Name Matches • Election workers will need to fully compare the voter’s name listed on the List of Registered Voters to the name listed on the form of identification presented by the voter. Texas Secretary of State Elections Division

49. Names are Identical • If the voter’s name on the List of Registered Voters is identical to the name on the ID, the voter will proceed as usual. Texas Secretary of State Elections Division

50. What are Substantially Similar Names • Names that are different on the list and the ID presented due to: • Initial, Middle Name or Former Name • Different Field • Slightly Different • Customary Variation For example, Categories (1) and (2) include individuals whose names have been changed or hyphenated due to marriage or divorce. Category (3) includes misspellings. Texas Secretary of State Elections Division