Texas Secretary of State Elections Division 11/8/2018 Creating Your Ballots Christina Worrell Adkins City, School, and Other Political Subdivisions Election Law Seminar 2015 11/8/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Topics Covered Methods of Voting Ballot Preparation Format of Ballots Ballot Drawing Minimum Number of Ballots Ballot Correction Emergency Ballots 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Methods of Voting 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Methods of Voting Paper Ballots that are hand counted. Paper Ballots that are counted with an Optical or Digital Scanner based Voting System. Direct Recording Electronic (DRE) Voting System. 11/8/2018 Texas Secretary of State Elections Division

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 11/8/2018 Texas Secretary of State Elections Division

Paper Ballots Counted with a Scanner based Voting System Two different methods: Precinct Ballot Counter (ex: M100, eScan) Central Tabulator Must Adopt and Acquire the voting system. Must create a Central Counting Station/ Central Accumulation Station. Must perform Logic and Accuracy Testing, Testing of Tabulation Equipment. 11/8/2018 Texas Secretary of State Elections Division

Direct Record Electronic (DRE) Voting System DRE’s are voting machines are paperless system – the votes are cast directly on the machine. Must Adopt and Acquire the voting system. Must create a Central Counting Station/ Central Accumulation Station. Must perform Logic and Accuracy Testing, Testing of Tabulation Equipment. 11/8/2018 Texas Secretary of State Elections Division

Accessible Voting Machine Requirements Requirement under both state and federal law to have at least one accessible voting machine at each polling place. Certain exemptions exist for elections that do not have a federal office on the ballot. 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Preparation 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Preparation No specific statutory deadline. Ballots must be prepared, finalized, and tested in time for mail ballots to be mailed in compliance with Section 86.004 of the Texas Election Code, UOCAVA, MOVE. 45th day before May 7, 2016= Wednesday, March 23, 2016 11/8/2018 Texas Secretary of State Elections Division

Who Prepares the Ballot? Ordering Authority Party Responsible for Preparing Ballot Governor County Elections Officer County City City Secretary Political Subdivision Secretary of the subdivision's governing body. If no secretary, the presiding officer. (Frequently delegated to same employee accepting applications) 11/8/2018 Texas Secretary of State Elections Division

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.   Must be in uniform size and type. Ballots must in English and Spanish. 11/8/2018 Texas Secretary of State Elections Division

Ballot Format Requirements Nature of the election and 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. Order of races = Section 52.092 of Texas Election Code. “voting squares” and mandatory instructions = Sections 52.070, 52.071 & 124.063 of the Texas Election Code. 11/8/2018 Texas Secretary of State Elections Division

Center for Civic Design 10 key guidelines for designing usable ballots. These are recommendations but are not required under Texas law. http://civicdesign.org/fieldguides/designing-usable-ballots/ 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 1. Use lowercase letter. Lowercase letter are more legible than ALL CAPITAL LETTERS because they make shapes that are easier to recognize. 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2. Avoid centered type. Left aligned type is more legible than centered type, which forces the eyes to hunt for the start of the next line. 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 3. Use big enough type. Small print is hard to read for many voters. Use these minimum type sizes: 12 point for print 3.0-4.0mm for screen Larger text may increase the number of page but it is a worthwhile investment in election accuracy. 11/8/2018 Texas Secretary of State Elections Division

4. Pick one sans-serif font. Use sans-serif fonts with clean strokes. For dual language material, use box text for the primary language, regular text for the secondary language. Using one font makes the ballot more unified. Different fonts make the voters stop reading and adjust. 11/8/2018 Texas Secretary of State Elections Division

5. Support process and navigation. Put instructions where they are needed. Use page (or screen) numbering to show progress. 11/8/2018 Texas Secretary of State Elections Division

6. Use clear, simple language. Make instructions and options as simple as possible. 11/8/2018 Texas Secretary of State Elections Division

7. Use accurate instructional illustrations. Visual instructions help low-literacy and all voters. Illustrations must be accurate in their details, highlighting the most important instructions. Do not use photographs. 11/8/2018 Texas Secretary of State Elections Division

8. Use informational icons (only). Use icons that call attention to key information and support navigation with care. 11/8/2018 Texas Secretary of State Elections Division

9. Use contrast and color to support meaning. Use color and shading consistently: On paper ballots, to separate instructions from contests and contests from each other. 11/8/2018 Texas Secretary of State Elections Division

10. Show what’s most important. Use layout and text size to help voters know what to pay attention to. Ballot title should be the most prominent. Contest header should be more prominent than the candidates name. 11/8/2018 Texas Secretary of State Elections Division

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. 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Drawing 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 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. 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 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 tan the fourth day before the date of the drawing 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 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. 11/8/2018 Texas Secretary of State Elections Division

Minimum Number of Ballots 11/8/2018 Texas Secretary of State Elections Division

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 (November Election 2011 or 2012 Primary/Runoff Primary Election, as applicable) to perform calculations. 11/8/2018 Texas Secretary of State Elections Division

Example of Ballot Calculation Precinct 1 10% voter turnout. There are currently 595 registered voters. 20 registered voters are designated with an "S" in precinct 1.   595 - 20 = 575 10% x 575 = 57 57 x 25% = 14 Therefore: 57 + 14 = 71 (minimum number of ballots to be ordered for precinct 1) Note: This is a formula for the minimum number of ballots to be ordered. Local issues and circumstances may require that more ballots be ordered. 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Correction 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/8/2018 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. 11/8/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 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. 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Emergency Ballots To be used when… When your ballots are not ready for sending out ballots by mail. A polling place runs out of ballots You have technical problems with a voting system. 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Emergency Ballots What can a presiding judge use for emergency ballots? Extra election day ballot stock. Early voting ballot stock. Photo copies of official ballot. Photocopies of a sample ballot. Blank pieces of paper for voter to write choices. 11/8/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Emergency Ballots How to create emergency ballots… Before copying an official ballot, white out or obscure the ballot number printed on the ballot. Presiding judge must serially number ballots beginning with next number from ballot order. Presiding judge must sign the backs of copied ballots. Ballots should be disarranged on table for voters. Make note on ballot register how many emergency ballots were created and the range of numbers used to create ballots. 11/8/2018 Texas Secretary of State Elections Division