Volunteer Deputy Registrars Training for Counties Texas Secretary of State Elections Division 11/13/2018 Volunteer Deputy Registrars Training for Counties 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Qualifications of a VDR Volunteer Deputy Registrars: Must be at least 18 years old. Must be a United States citizen. Must be a resident of the State of Texas. Cannot have been determined by a final judgment of a court exercising probate jurisdiction to be: totally mentally incapacitated, or partially mentally incapacitated without the right to vote. Cannot have been finally convicted of a felony, or, if convicted, must have: fully discharged the sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court, or been pardoned or otherwise released from the resulting disability to vote. Cannot have been finally convicted of identity theft under Section 32.51 of the Penal Code; and Cannot have been convicted of failing to deliver a voter application to a voter registrar. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: Can a campaign worker or candidate be a VDR? A: Yes. There is no prohibition against candidates or campaign workers serving as VDRs. 11/13/2018 Texas Secretary of State Elections Division

Certifying and Training VDRs Texas Secretary of State Elections Division 11/13/2018 Certifying and Training VDRs Interested persons will contact your county for more information/appointment. VRs should provide: Request for Appointment (Available Online) Certificate of Appointment (Available Online) Receipt Books Training Course or Training Course Schedule *VDRs cannot accept applications until they have completed the training course. If you have a website-we recommend posting information about VDRs: phone number/name of contact/training times. Do counties do everything at once? 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: Do we have to deputize everyone who is interested in becoming a VDR? A: Yes. Section 13.032 prohibits the refusal to appoint eligible persons and any person on the basis of sex, race, creed, color or national origin or ancestry. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/13/2018 FAQs Q: How often are counties required to hold VDR trainings? A: The SOS recommends that counties provide training at least once per month, but there is not a mandatory number. What do counties really do? 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: Can the VR appoint someone who is not a county employee to lead trainings? For example, unpaid volunteers or a contractor? A: Maybe. While there is nothing in the Election Code that prohibits this action, it may violate federal labor laws, and other issues such as worker’s compensation. We suggest counties speak with their HR Department, county attorney and county auditor. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: Is there a test issued by the SOS for VDRs to complete before being deputized? A: Maybe. NEW LAW: SB 142 Allowed for counties to choose if they wish to have an examination for applicants. The training Power Point is available on our website. Training for Texas VDRs The examination will be available on the SOS website when completed. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State New Law: SB 142 Allows for an examination County may or may not choose to adopt an examination Examination will be developed by SOS, but counties can develop an examination and receive approval Examination must be given at any time during County VR’s business hours If a county chooses to require an examination, they are not required to hold in-person training sessions for VDRs If a VDR successfully completes the VDR examination: VR shall appoint them as a VDR Advise the VDR of county-specific procedures( if applicable) Advise the VDR that the only requirements for VR are prescribed by SOS and state law 11/13/2018 Texas Secretary of State

Texas Secretary of State Elections Division 11/13/2018 FAQs Q: May a county require additional training? A: Yes. A county may have additional requirements for a person to complete, the SOS training is the minimum that must be accomplished. Do we know of any counties that require additional training? 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: Can there be a “statewide” volunteer deputy registrar? A: No. Volunteer deputy registrar appointments are made on a county-by-county basis. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/13/2018 FAQs Q: Does a person have to re-take the SOS training in every county in which they wish to serve as a VDR? A: No. The VDR may present their certificate to additional counties, and ask for certification. However, if a county has additional requirements, those will need to be met before a certificate of appointment is issued. 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/13/2018 FAQs Q: Can anyone other than the Voter Registrar issue certificates of appointment? A: No. Only the Voter Registrar can deputize VDRs. 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Duties of the VDR A volunteer deputy registrar may distribute and accept a voter registration application from any person that meets these qualifications: A United States citizen; A resident of the county; At least 17 years and 10 months of age; Not a convicted felon (unless the person's sentence has been completed, including probation or parole or the person has been pardoned or otherwise released from the resulting disability to vote); Not a person determined by a final judgment of a court exercising probate jurisdiction to be (1) totally mentally incapacitated; or (2) partially mentally incapacitated without the right to vote. 11/13/2018 Texas Secretary of State Elections Division

The High School Principal High School Principals (or their designees) are by statute deputy registrars Do not have to attend training Do not have to take an examination Can only accept applications from students and employees of the school Required (twice a year) to give VR applications to students who will be 18 before election day Also provides a notice about how VR application can be submitted Can submit applications via mail or package to VR 11/13/2018 Texas Secretary of State

Texas Secretary of State Elections Division FAQs Q: Do you have to be a VDR to hand out blank voter registration application forms and encourage people to register to vote? A: No. Anyone can hand out blank application forms to voter as long as they do not accept completed applications. In this case, the voter should complete and mail to their county Voter Registrar. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/13/2018 FAQs Q: May VDRs appoint others to assist them in registering voters? A: No. Each volunteer deputy registrar must be appointed directly by the county voter registrar or that registrar’s deputy in the voter registrar’s office. 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: Can a VDR register people at rallies or campaign events? A: Yes. However, we recommend that VDRs offer applications to all persons that request an application. Remember a VDR may only accept applications they are legally allowed to accept (meets the qualifications-in county, etc.). 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: Can a VDR associated with a candidate/campaign wear a t-shirt, buttons, or other political paraphernalia while serving as a VDR? A: Yes. However, certain venues (e.g., schools) may have rules about political materials on campus. Also, we recommend that anyone that requests a registration application should be provided with one, and the VDR should accept only those applications they are allowed to accept. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/13/2018 FAQs Q: Can a VDR certified in County A register voters from County B? A: No, unless they are also appointed as a VDR in that county. VDR appointments must be made on a county-by-county basis. Under Section 13.044 of the Code, a person commits a Class C misdemeanor by acting as a volunteer deputy registrar when he or she does not have an effective appointment as a deputy registrar. 11/13/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQS Q: Can a person get paid to act as a VDR? A: Yes, but it is a Class A misdemeanor if a person compensates another person based on the number of applications a person presents a quota as a condition of payment, or engages in a practice that causes another person’s compensation from or employment status with the person to be dependent on the number of applications. accepts compensation under 1, 2 or 3. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Checklists for VDRs VDRs should have the following with them when registering voters: Certificate of Appointment. SOS Brochure. Voter Registration Applications. Receipt Book. Pens. 11/13/2018 Texas Secretary of State Elections Division

Accepting Applications VDR may help a person fill out an application: If an applicant cannot sign his/her name on the form, the applicant may make a mark on the signature line. Print the name of the applicant beside the mark. A VDR should sign their name and address as the witness and state the reason the applicant is unable to sign. The VDR may allow another registered voter (or anyone who has submitted a registration application) to fill out and sign an application for his or her spouse, parent or child. That person must sign the application as "agent" and state the relationship to the applicant on the registration form. The "agent" must have the permission of the applicant to do this. The VDR must fill out a receipt for each applicant, and give the applicant the receipt. The duplicate receipt must be delivered to the voter registrar along with the application. The VDR may wish to keep a copy or stub for their records. The VDR should not keep a copy of the completed voter registration application itself because this document contains information that is confidential by law. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: Can a VDR accept materials other than a registration application? A: No. However, for an exemption to photo ID requirements a VDR can provide them a form and the voter can mail, fax or email a scan. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: Can a VDR accept an application from a person that is already registered, and wants to update their information? A: Yes. We recommend that VDRs ask the voter if they have moved or need to update their information. The voter will need to check the “change” box on the VR application. If the person moved to a new county, he or she will need to register in the new county. 11/13/2018 Texas Secretary of State Elections Division

Reviewing the Application While the applicant is still the VDR’s presence, they should review the application for completeness. The only optional areas on the application: -Gender -Telephone Number 11/13/2018 Texas Secretary of State Elections Division

Reviewing the Application, cont. What a VDR cannot do: Determine if the applicant is actually qualified to register to vote; Make the applicant provide his/her telephone number. Make the applicant provide his/her gender, social security or driver's license number; or Knowingly accept an application from a voter who resides in a county in which the VDR is not certified. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: If the VDR realizes that the voter did not complete the application after the voter is no longer present, can the VDR contact the voter? A: No. The VDR should turn in the application, and the Voter Registrar should send a Notice of Incomplete, if possible. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: What if the county listed on the application is not the county in which the VDR is deputized? Should the VDR refuse to accept that application? A: Yes. The VDR should carefully review applications before accepting them. We encourage you to train volunteers to become deputized in multiple counties in your county’s population zones extend into multiple counties. We encourage you to train VDRs to be clear with voters that they can only accept applications from their county. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: Can a VDR photocopy a person’s registration application? A: No. Per §13.004, some information on the application is confidential (SSN, phone number, DL number). A photocopy of an application must be made by the Voter Registrar and redacted. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: If a VDR can’t photocopy an application, can they photocopy the receipt/stub? A: Yes. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: If the VDR cannot photocopy the application, can they copy relevant information, in writing, from the application? A: Yes, but just public information, i.e. name, address (unless voter has applied to confidentiality program). 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: Can the VDR input public information into a database? A: Yes. However, we believe that the limitation in 18.066 applies- a person may not use the material in connection with advertising or promoting commercial product or services. 11/13/2018 Texas Secretary of State Elections Division

Delivery of Applications The VDR must deliver completed registration applications and receipts in person to the voter registrar no later than 5 p.m. on the 5th day after the date they receive them. FAILURE TO DELIVER AN APPLICATION IN A TIMELY MANNER IS A CRIMINAL OFFENSE. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: What if someone who is not a VDR collects and delivers applications? A: Please contact our office. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: If a VDR for County A accepts an application for a voter in County B, can the VDR turn the application in to County B? A: No. The VDR should turn the application into County A, and County A should forward to County B. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: If a VDR for County A accepts an application for a voter in County B, what should the VR do? A: You should forward the applications to the correct county under 13.072(d). The VR should also strongly encourage the VDR to be deputized in additional counties if they expect to be in a position to receive applications from voters in other counties. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: What if the VDR continues to deliver applications from voters in other counties? A: First, you should speak to your County Attorney. Next, you should remind the VDR that they are required to deliver, and they should only be accepting applications to deliver to the correct Voter Registrar. Intentional failure to deliver is a Class A misdemeanor. Acting as a VDR without an effective appointment is a Class C misdemeanor. Unlawfully acting as an agent or purporting to act as an agent can be a Class B misdemeanor or 3rd degree felony. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: If a VDR does not timely deliver applications to the VR, what happens to the voter? A: Voter registration should not be impacted by late delivery, and VDR should deliver as soon as possible. Please remember that it is a criminal offense for a VDR to not timely deliver, and you may speak to your County Attorney. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: May a volunteer deputy registrar bundle completed applications and submit them to the voter registrar by mail? A: No. There are two methods for a volunteer deputy registrar to submit applications to the county voter registrar. First, the applications may be submitted by personal delivery by the volunteer deputy registrar. Second, the volunteer deputy registrar may give his or her applications to another volunteer deputy registrar for personal delivery to the county voter registrar. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: Our office uses an overnight drop box. May the VDR application be deposited there? A: No. Election Code mandates that delivery of voter applications must be made in person. A drop box does not meet this requirement. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Length of Appointment The VDR may be appointed a volunteer deputy registrar at any time. However, their term expires on December 31 of the even-numbered year. All election materials issued to a volunteer deputy registrar, including the certificate of appointment, receipt books, receipts, applications and other forms in the volunteer deputy registrar’s possession, must be returned or accounted for upon termination of appointment. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: How often does a VDR need to do training? A: Certificates of appointment expire on December 31 of even-numbered years. VDRs will need to be reappointed after that time by completing the training. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: How long does a VDR need to keep their receipt books? A: It is not addressed in the Code, but we would suggest that VDRs should retain the receipt books for 22 months following the election closest to the effective date of the applications. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: What are the grounds for terminating a VDR’s appointment? A: Under § 13.036, a VDR’s appointment may be terminated: At the expiration of a VDR’s term. After final conviction for an offense for receiving improper compensation or failing to deliver applications. After a determination that a VDR failed to properly review an application for completeness, their appointment may be terminated. After a determination that a VDR intentionally destroyed or physically altered a registration application Engaged in any other activity that conflicts with the responsibilities of a VDR 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: If terminating a VDR, is there any specific action SOS recommends taking? A: We recommend that you contact your County Attorney. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FAQs Q: Are there any other reasons for which a VDR may be terminated? A: The Election Code is very specific regarding reasons in which a VDR’s appointment may be terminated.  You should contact your County Attorney’s office if you have a situation that falls outside of what is discussed in this training. 11/13/2018 Texas Secretary of State Elections Division

Texas Secretary of State Thank You! Questions? 11/13/2018 Texas Secretary of State