1 / 56

Duties of the County Election Officer

A comprehensive outline of the responsibilities and duties of County Election Officers during early voting and on Election Day. Covers topics such as EV locations, roles of the EV Clerk, determining polling places, and early voting hours and dates.

ricek
Download Presentation

Duties of the County Election Officer

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Duties of the County Election Officer Heidi Martinez 2017 Election Law Seminar for County Election Officials Texas Secretary of State Elections Division

  2. Outline • Responsibilities during Early Voting • Dates, 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. Early Voting Period • General Rule: Sec. 85.001 • Begins 17 days before election day • Ends 4 days before election day • But, there are exceptions (early voting for May uniform date, runoff elections, etc.) • Election Day: November 7, 2017 Early voting will begin Monday, October 23, 2017 Early voting will end Friday, November 3, 2017 Texas Secretary of State Elections Division

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

  6. Main Early Voting Location • For most elections where the County Elections Officer is the EV Clerk: • Main early voting polling place is in the main business office of the CEO (any room selected by the EV Clerk is ok) Sec. 85.002 • However, if the commissioners court determines that locating the polling place in that building is impracticable, the commissioners court may designate a different location Texas Secretary of State Elections Division

  7. Early Voting Hours • Polling place hours will depend onwho is designated by statute to be the EV Clerk • CEO (Sec. 83.002) • City Secretary (Sec. 83.005) • Other (Sec. 83.006) • Also dependent on county size • Population of less or more than 100,000 Texas Secretary of State Elections Division

  8. EV Hours • For the general election for state and county officers, primary election and the state constitutional amendment election: • EV hours at the main EV location are the same as the clerk’s regular days and hours (Sec. 85.005) • Example: Open 8-5, M-F Texas Secretary of State Elections Division

  9. EV Hours- Extended Hours • Counties with populations 100,000 or more havedifferent requirements for hours and dates • Counties with populations less than 100,000 can receive a petition for OR order extended hours Texas Secretary of State Elections Division

  10. EV Hours for Counties 100,000 or more • For the general election for state and county officers (and the primary election) the main EV location must be open for 12 hours each weekday of the last week of EV • For a special election ordered by the Governor, the main EV location must be open 12 hours for the last 2 days of early voting (Sec. 85.005) - Thursday, November 2, 2017 and Friday, November 3, 2017 Texas Secretary of State Elections Division

  11. EV Hours for Counties with less than 100,000 • Extended hours not required unless a petition is received (Sec. 85.005) • Petition is signed by at least 15 registered voters of the county • If received, will have 100,000+ county extended hours • Note there is a 5-day notice posting requirement if the EV receives a petition requesting these extended hours (Sec. 85.067) Texas Secretary of State Elections Division

  12. Extended EV Dates • CEO can have weekend hours at the main EV location through written order (Sec. 85.006) • Applies to the general election for state and county officers, the primary election, and a special election ordered by the Governor • CEO can determine the hours/dates in order Texas Secretary of State Elections Division

  13. Required Weekend EV • Counties of 100,000+ must have weekend early voting for general election for state and county officers and primary election (Sec. 85.006) • Must conduct EV: • 12 hours last Saturday of EV • 5 hours, last Sunday Texas Secretary of State Elections Division

  14. Petitioned Weekend EV • Counties of less than 100,000 can be petitioned to have weekend EV for general election for state and county officers and primary election (Sec. 85.006) • If petition (15 registered voters) is received: • Must conduct EV: • 12 hours last Saturday of EV • 5 hours, last Sunday • The petition must be submitted in time to enable compliance with Section 85.007 Texas Secretary of State Elections Division

  15. Petition-Driven Weekend EV • Voters (at least 15) can petition for weekend EV • If a petition is received, EV must be ordered • May request day, but not hours • Can ask for Saturday or Sunday (or both), but CEO sets hours and date of EV • Petition must be submitted at least 72 hours prior to the date on which EV is requested (Secs. 85.006 & 85.007) Texas Secretary of State Elections Division

  16. EV Hours & Dates Summary • There are different rules based on the 100k population line • However, you can be petitioned to have additional hours and dates, regardless of size • Petition must be received in enough time to allow for compliance Texas Secretary of State Elections Division

  17. EV Notice • Required to contain certain information: Sec. 4.004 & 85.007 • Location of main EV polling place • Dates and hours that EV will be conducted • Dates and Times of extended and/or Weekend voting (if required/ordered) and • The early voting clerk’s mailing address • Recommended that the notice also include the email address at which the early voting clerk may receive applications for a ballot by mail Additionally, the notice must be posted on your website! Texas Secretary of State Elections Division

  18. EV Notice-- Posting • Main EV location is required to be placed in order & notice of election • In addition to this notice, the EV notice must be posted 72 hours prior to when EV on a Saturday or Sunday begins (Sec. 85.007) • Notice is posted: • On commissioners court bulletin board • On your website • On SOS website (for the primary and general election only) • Notice must also be given for “extra” EV (Sec. 85.067) • Posted no later than 5th day before the beginning of EV Texas Secretary of State Elections Division

  19. Duties of the EV Clerk at Main EV location Texas Secretary of State Elections Division

  20. Main EV Location Duties • Main EV Location allows for special forms of early voting • We’ll talk about three main roles: • Limited Ballots • Cancellation of Mail Ballots • Other Special Forms Texas Secretary of State Elections Division

  21. Limited Ballots- When are they used? • Limited ballots are used when a voter has a registration in a county other than their new county of residence • Limited ballots are only an option during early voting– they cannot be used on election day • Limited ballots are used only at the main EV location (Chapters 111 and 112) Texas Secretary of State Elections Division

  22. Limited Ballots- Who can use one? • To vote a limited ballot, a voter must: • Be eligible to vote in the county of registration if they still lived there • Is registered to vote in the county of former residence at the time the person: 1) offers to vote in the new county of residence or 2) submitted a voter registration application in the county of new residence and • Their registration will not be effective in their new county of residence by election day (Sec. 112.002) Texas Secretary of State Elections Division

  23. Limited Ballots- Who can use one? • A limited ballot must be voted during early voting • However, a mail voter can also vote a limited ballot! • However, they must meet other requirements to vote by mail under Chapter 82 Texas Secretary of State Elections Division

  24. Limited Ballots- Procedure • Step 1: Attempt to verify voter’s registration status in new (your) county • Step 2: If voter is a candidate for a limited ballot, ask the voter to complete an Application for Limited Ballot (PDF). • Step 3: After the voter completes application, note on the application the district offices for which the voter is entitled to vote. Remember, the voter MAY NOT VOTE for county or precinct offices, and those races must be marked off the ballot. • Step 4: Voter is added to the Poll List of Limited Voters (PDF) rather than signing the early voting combo form. • Step 5: Add the voter to the Restricted Ballot Roster (PDF). • Step 6: Give the limited ballot (with appropriate races removed) to the voter for Voting. The limited ballot application should be forwarded to the voter registrar in your county to register the voter. • Step 7: After the election is over, notify the voter registrar of the former county that the voter has voted under this procedure so that the voter’s registration in their former county can be cancelled. (Form 5-29 (PDF). Texas Secretary of State Elections Division

  25. How do you create a limited ballot? • Depends on the type of voting system • And how you choose to handle it • Can be different methods for the same voting system • http://www.sos.state.tx.us/elections/laws/limited-ballot-voters-district-chart.shtml Texas Secretary of State Elections Division

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

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

  28. 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

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

  30. 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. Texas Secretary of State Elections Division

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

  32. 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

  33. 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 (Sec. 86.006) • This procedure is for ELECTION DAY ONLY Texas Secretary of State Elections Division

  34. Other Special Forms of Early Voting • Voting on spaceflight (Chapter 106) • Late Voting (two reasons) (Chapters 102 and 103) - Early ballot due to death in family - Early ballot due to sickness or physical disability • Military & Overseas voters (Chapter 101) If you have questions about these, ask! Texas Secretary of State Elections Division

  35. Branch EV Locations Texas Secretary of State Elections Division

  36. Types of Branches • Two types of branches: • Permanent Branches (Sec. 85.061) • Temporary Branches (Sec. 85.062) • Requirements for establishing, notice, etc. differ based on type Texas Secretary of State Elections Division

  37. Permanent Branch Locations • Located in County Clerk’s permanent branch offices- established automatically • These polling locations keep the same hours and days as the main early voting polling place. Texas Secretary of State Elections Division

  38. Temporary Branch Locations • One or more may be established by Commissioners Court in the County in ANY ELECTION • Must be inside the county and in a stationary structure • MUST be “fixed at one place” for duration of period voting is required to be conducted. • Some rules also vary based on population size Texas Secretary of State Elections Division

  39. Temporary Branches – Required for Certain County Elections (85.062(d) • Counties with populations 100,000 or more must establish branch locations in the primary election, general election for state and county officers, or a special election to fill a vacancy in Congress or Legislature. Texas Secretary of State Elections Division

  40. Required Temporary Branches – Sec. 85.062(d) Texas Secretary of State Elections Division

  41. Branch Polling Places Remember: In any countywide election the total number of permanent and temporary locations open for voting at the same time in a commissioners precinct maynot exceed twice the number of permanent branch and temporary branch polling places open at that time in another commissioners precinct. (Sec. 85.062(f)) Texas Secretary of State Elections Division

  42. 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 and on website. • 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

  43. 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. (Sec. 85.067) Texas Secretary of State Elections Division

  44. Days and Hours - Counties 100,000+ (§85.064) Texas Secretary of State Elections Division

  45. Days and Hours - Counties <100,000 (§85.065) NOTE: Schedules are not required to be uniform throughout the temporary branch polling places. Texas Secretary of State Elections Division

  46. Election Records – Paper Ballots • 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. (Sec. 85.071) Texas Secretary of State Elections Division

  47. 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. (Sec. 85.072) Texas Secretary of State Elections Division

  48. Ballot Security 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

  49. Election Day Responsibilities Texas Secretary of State Elections Division

  50. Designation of Polling Places • County Clerk designates polling places within each precinct with approval of commissioners court. (Sec. 43.002) • Location of polling places must be included in the Notice of Election. (Sec. 4.004) Texas Secretary of State Elections Division

More Related