Texas Secretary of State Elections Division 9/18/2018 Early Voting by Mail ELECTION LAW SEMINAR For CC’s, EA’s, & VR’s Caroline Geppert July 2014 9/18/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

TOPICS COVERED IN EVBM OUTLINE Who runs early voting? Who can vote by mail? How to vote by mail. Witness and Assistance rules and procedures. Cancellation of ABBM’s Mailing balloting materials to voter. Receiving the ballot by mail. 9/18/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Early Voting Clerk County – CC/EA City – City Secretary School/Others – Appointed by Governing Body Qualified voter of political subdivision, OR Permanent employee of political subdivision & registered in TX Disqualifications Deputy Early Voting Clerks – Permanent/Temporary 9/18/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division WHO CAN VOTE BY MAIL? 65 or older on Election Day Annual ABBM Disabled Absent from County during Early Voting and on Election Day Confined in Jail In Address Confidentiality Program 9/18/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division How to Vote By Mail Complete & Submit Official or Informal Application In writing Signed by applicant or witness Contain Applicant’s Name State Registered Residence Address Contain Address to which ballot to be mailed State Grounds for voting by mail Indicate Type and Date of Election 9/18/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division How to Submit an Application Delivery Before early voting in person begins After early voting in person begins Common or contract carrier Deadline 9th Day before election day (moves to 11th day for Tuesday elections) FPCA’s are still 7th day Runoff rule 9/18/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Review of Application for Ballot by Mail Timeliness Proper Delivery (mail, common/contract carrier, fax, in person by voter) Correct Clerk Registration Status (if on suspense, send SOR) Residence and Mailing Address/SOR Additional Considerations (outside county, disability, 65 or older) 9/18/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Accepting Application Place in Jacket Envelope Place Voter’s name on Early Voting Roster Indicate on Roster ballot was mailed Add voter’s name to precinct list of early voters Make notation on list of registered voters that voter was mailed a ballot 9/18/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Rejecting Application Mail/otherwise deliver notice of rejection Include new ABBM if original received on or before 12th day before election day Keep rejected application in file & attach copy of rejection letter 9/18/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Cancelling Application Request must be In writing Specify election Be received by 3rd day before election day Exceptions Review cancellation request Cancellation approved Cancellation denied Notice of Improper delivery may be presented by voter during early voting or on election day. 9/18/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Mailing Ballot to Voter Mail to the Voter: Ballot Ballot envelope Carrier Envelope List of declared write-in candidates SOR, if applicable Dear Voter Letter or other special Instructions Notice regarding postage 9/18/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Mailing Ballot, Con’t Deadline to Mail Ballots Ballot Error or Incorrect Ballot Procedure Affects voter’s choice? Procedure Availability of Early Voting by Mail Records ABBM & Carrier Envelope EV Rosters Annual ABBM 9/18/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Assisting Voter In marking/reading ballot if physical disability/inability to read/mark ballot Assistant signs oath, states name/address Unlimited if comply with requirements Offenses Assistant does not provide name/address Compensation based on number of voters assisted Unlawful assistance To voter not eligible for assistance Prepares ballot other than voter directs Suggests how voter should vote Voter did not request assistance 9/18/2018 Texas Secretary of State Elections Division

Receiving Early Voting Ballot By Mail Time of receipt Submission/Delivery of Carrier Envelope Action on timely-returned ballots Open delivery envelope Place delivery envelope in jacket envelope More than one carrier in delivery envelope Registered at same address? Seal Jacket Envelope, keep in safe place, deliver to EVBB 9/18/2018 Texas Secretary of State Elections Division

Receiving Early Voting Ballot By Mail, Con’t. Ballots not timely-returned Improper delivery Possession of another person’s carrier envelope Enter time of receipt on carrier, retain carrier, preserve unopened carrier Deliver written notice to voter (voter may present notice and vote on election day) Defective Carrier timely returned E.g., voter fails to sign 9/18/2018 Texas Secretary of State Elections Division

Carrier Envelope Criminal Offenses Witness on carrier envelope fails to provide name/residence address Person mails another voter’s ballot and does not provide signature, name, address. No offense if relative or registered at same address for either of above offenses Compensation for collecting and mailing carrier envelopes if based on number of ballots mailed. Buying or selling of ballot/balloting materials (appears in outline after signature verification committee). 9/18/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Annual ABBM Please join me in our break out session on Annual ABBM’s later in the seminar – bring your questions, scenarios, and stories. 9/18/2018 Texas Secretary of State Elections Division