2015 Legislative & Legal Update Texas Secretary of State Elections Division 11/29/2018 2015 Legislative & Legal Update Keith Ingram, Director 27th Annual Seminar for Cities, Schools and Other Political Subdivisions 11/29/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 84th Texas Legislature January 13, 2015 – June 1, 2015 11/29/2018 Texas Secretary of State Elections Division

Texas Secretary of State Voter Registration S.B. 795 (Perry): Requires SOS to participate in an interstate crosscheck program to prevent duplicate registration. Effective: September 1, 2015. 11/29/2018 Texas Secretary of State

Volunteer Deputy Registrars S.B. 142 (Garcia): Provides counties an optional method of training for VDRs. Instead of having in-person training, a county may allow a person to review SOS training and SOS examination materials online. The person must then appear at the VR’s office and take the exam during regular business hours. Effective: Immediately (June 20, 2015) 11/29/2018 Texas Secretary of State

Volunteer Deputy Registrars H.B. 621 (Lozano): Allows a VDR to be terminated if it is determined that the: VDR intentionally destroyed or altered an application, or VDR engaged in other conduct that conflicts with their duties as a VDR. Effective: September 1, 2015. 11/29/2018 Texas Secretary of State

Texas Secretary of State Elections Division Election Dates H.B. 2354 (Farney): Changes the May uniform date from the second Saturday in May to the first Saturday in May. Effective: September 1, 2015. 11/29/2018 Texas Secretary of State Elections Division

Texas Secretary of State Election Dates S.B. 733 (Fraser): Allows a governing body of a political subdivision, other than a county or municipal utility district, to change their general election date to a November uniform date before December 31, 2016. Effective: Immediately (June 19, 2015) 11/29/2018 Texas Secretary of State

Obtaining Identification S.B. 983 (Bettencourt): Clarifies that the legislative intent is not to impose a cost for obtaining certified records for the purpose of obtaining an election identification certificate.  The state registrar, local registrar or county clerk may not charge a fee for searching for or providing a record. Local registers or county clerks may obtain the payment amount required by law from the state. Effective: Immediately (May 27, 2015) 11/29/2018 Texas Secretary of State

Candidate Applications H.B. 484 (Capriglione): Requires a candidate to be a registered voter from the territory of office sought in order to be eligible to hold the public office.  (Other than those with exclusive requirements.) Excludes special purpose districts created under Section 52(b)(1) or (2), Article III and Section 59, Article XVI of the Texas Constitution. Effective: September 1, 2015 11/29/2018 Texas Secretary of State Elections Division

Uniform Elections – Filing Deadline S.B. 1703 (Huffman): Makes the filing deadline the 78th day before election day for all uniform election days. Effective September 1, 2015 11/29/2018 Texas Secretary of State

Write-In Candidates – Filing Deadline S.B. 1703 (Huffman): Provides that a write-in candidate for a city, school, or other political subdivision will have a filing deadline of the 74th day and withdrawal deadline of the 71st day. Effective: September 1, 2015 11/29/2018 Texas Secretary of State Elections Division

Uniform Elections – Ordering Deadline S.B. 1703 (Huffman): Made the ordering deadline the 78th day before election day for all uniform election days. Effective September 1, 2015 11/29/2018 Texas Secretary of State

Special Elections – Ordering Deadlines S.B. 1703 (Huffman): Provides that a special election may not be ordered later than the 46th day before election day. Amended the second window for ordering a special election: Order by 70th day for filing deadline of 5 p.m. on the 62nd day Order by 46th day for a filing deadline of 5 p.m. on the 40th day Effective: September 1, 2015 11/29/2018 Texas Secretary of State

Texas Secretary of State Elections Division Cancellation H.B. 3157 (Faircloth): Allows for one combined notice of cancelled elections for all elections in which the county is providing election services under a contract. Effective: September 1, 2015 11/29/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division ABBMs - Submittal H.B. 1927 (Bonnen, G.): Allows an ABBM (either regular or annual) to be submitted by email. The email must have a scanned application that contains the voter’s original signature.  SOS will post county email addresses on SOS website on 9/1. Effective September 1, 2015. 11/29/2018 Texas Secretary of State Elections Division

ABBMs – Time for Submittal H.B. 1927 (Bonnen, G.): Removes the requirement that an application for ballot by mail be submitted on or after the 60th day before election day. Repeals the requirements that an application for ballot by mail for reason of confinement in jail be submitted not later than the 20th day before election day. Provides that if an application for ballot by mail is not timely for the main election, it will be considered timely for any subsequent runoff election if it is received not later than the regular deadline for the runoff election. Effective September 1, 2015. 11/29/2018 Texas Secretary of State

Texas Secretary of State ABBMs - Deadline H.B. 1927 (Bonnen, G.): Provides that the deadline for submitting an application for ballot by mail is before the close of business or 12 noon, whichever is later, on the 11th day before election day. Effective September 1, 2015. 11/29/2018 Texas Secretary of State

ABBMs – Defective Application S.B. 1703 (Huffman): If the early voting clerk receives a defective application for ballot by mail not later than the 18th day before election day, the early voting clerk shall mail a new application to the applicant. Effective: September 1, 2015 11/29/2018 Texas Secretary of State

Texas Secretary of State ABBMs - Cancellation H.B. 1927 (Bonnen, G.): Provides that a cancellation of an application for a ballot to be voted by mail is effective for a single election only, and does not cancel the application for a subsequent election. This applies to both regular applications for election + runoff and to Annual ABBMs. Effective: September 1, 2015. 11/29/2018 Texas Secretary of State

Texas Secretary of State Annual ABBMs H.B. 1927 (Bonnen, G.): Clarifies that a person commits a crime if they witness more than one Annual ABBM in a calendar year. Clarifies that an Annual ABBM may be submitted at any time during the year, but must be timely submitted for the election they are seeking to vote. Provides that the official application form for ballot by mail must include a space for the applicant to indicate if they are applying for an annual application. Clarifies that if an application indicates the reason for a ballot to be voted by mail is on the grounds of age or disability, and the application does not specify the election for which the ballot is requested or has been marked by the applicant as an application for more than one election, it is an Annual ABBM. Effective: September 1, 2015. 11/29/2018 Texas Secretary of State

Annual ABBMs – Cancellation H.B. 1927 (Bonnen, G.): An Annual ABBM is valid until the county clerk receives: Notice that the voter has changed residences to another county, or Notice that the voter’s registration has been cancelled. Effective: September 1, 2015 11/29/2018 Texas Secretary of State

Annual ABBMs – Time for Submittal H.B. 1927 (Bonnen, G.): Provides that an Annual ABBM may be submitted in the preceding year for an election occurring in January or February of the next calendar, as long as the application is not submitted earlier than the 60th day before election day. Effective: September 1, 2015 11/29/2018 Texas Secretary of State

Annual ABBMs – List of Annual ABBMs H.B. 1927 (Bonnen, G.): Requires that the county clerk provide a list of voters that have submitted an Annual ABBM to the political subdivisions in their county that are holding an election.  In turn, the early voting clerk of the political subdivision shall provide a ballot to each voter on the list.  The county and political subdivisions must exchange information to maintain an accurate list. Effective: September 1, 2015. 11/29/2018 Texas Secretary of State

Texas Secretary of State Voting by Mail H.B. 1927 (Bonnen, G.): Allows a voter to deliver their carrier envelope in person on election day to the early voting clerk’s office while the polls are open.  The voter must provide an acceptable form of ID for voting at the time of delivery. Effective: September 1, 2015 11/29/2018 Texas Secretary of State

Texas Secretary of State Elections Division FPCAs - Deadline H.B. 1703 (Huffman): Unifies deadline for FPCA with ABBM. Both are due before the close of business or 12 noon, whichever is later, on the 11th day before election day. Effective: September 1, 2015 11/29/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division FPCAs H.B. 2778 (Elkins): Allows a military or overseas voter to receive their balloting materials via email for any election in which the voter is eligible to vote. By extension requires that all balloting materials be sent by the 45th day under 86.004 for all elections in which the voter is eligible to vote – not just federal elections. Effective: September 1, 2015 11/29/2018 Texas Secretary of State Elections Division

Texas Secretary of State FPCAs S.B. 1115 (Campbell): Expands the pilot program created last session to include additional counties as determined by SOS. Only applies to electronic return of ballots cast by military voters in a combat or hostile fire pay zone. The program will end of September 1, 2017 Effective: Immediately (June 15, 2015) 11/29/2018 Texas Secretary of State

Texas Secretary of State Elections Division Polling Places H.B. 2027 (Bonnen, G.): House Bill 2027: Provides that county election precincts and polling places must be used for an election held on a uniform date.  However, this requirement does not apply to the May uniform date if: a political subdivision conducts early voting by personal appearance at 75 percent or more of its permanent or temporary branch locations on the same days and during the same hours as conducted at the main early voting place, and conducts early voting at each remaining permanent or temporary branch locations for at least eight hours on two consecutive days, or; a political subdivision has not established a permanent or temporary branch early voting location. Effective: September 1, 2015 11/29/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Early Voting H.B. 2721 (Blanco): Provides that an election order and notice, providing the days and hours of early voting, including any Saturday or Sunday hours, must be posted on the website of the authority ordering the election, if the authority maintains a website. Effective: Immediately (June 19, 2015) 11/29/2018 Texas Secretary of State Elections Division

Early Voting Ballot Board S.B. 383 (Uresti): Allows the by mail ballots in counties 100k+ to be delivered to the EVBB between the ninth day before the last day of early voting and the closing of polls on election day. Effective: September 1, 2015 11/29/2018 Texas Secretary of State Elections Division

Early Voting Ballot Board S.B. 1703 (Huffman): Unifies and extends the deadline for the EVBB to convene and count late ballots from overseas and provisional ballot at: 9th day after election day for uniform elections 13th day after election day for general election for state and county officers Effective: September 1, 2015 11/29/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Election Procedures H.B. 910 (Phillips): Amends the list of acceptable identification under Section 63.0101 to include licenses to carry a handgun instead of a concealed handgun license. Effective: January 1, 2016 11/29/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Election Procedures H.B. 2366 (Goldman): Requires the early voting clerk to mark on the precinct list of registered voters “early voting voter” beside the name of each person that appears on the list of early voters. Requires the early voting clerk to provide the precinct list of registered voters to the presiding judge of the election precinct not later than the day before election day. Effective: September 1, 2015 11/29/2018 Texas Secretary of State Elections Division

Texas Secretary of State Runoff Withdrawal S.B. 1703 (Huffman): A candidate may not withdraw after 5 p.m. the 3rd day after the date of the canvass for elections (other than primary/general). Effective: September 1, 2015 11/29/2018 Texas Secretary of State

Primary/May Even Election S.B. 1703 (Huffman): Eliminates the prohibition against holding an election within 30 days before or after runoff primary election. Runoff elections from May 2016 uniform election will not have to wait 30 days. Effective: September 1, 2015 11/29/2018 Texas Secretary of State

Texas Secretary of State Elections Division Voting Systems H.B. 2900 (Goldman): Amends the language to reflect the current federal agency (Election Assistance Commission) that adopts voting system standards and the name of the standards. Effective: Immediately (June 1, 2015) 11/29/2018 Texas Secretary of State Elections Division

Central Counting Station H.B. 1026 (Thompson, E.): Amends the qualifications for a tabulation supervisor appointed at a central counting station.  The person must now be a registered voter of the political subdivision served by the authority establishing the counting station, or an employee of the political subdivision that adopts or owns the voting system. Effective: Immediately (June 17, 2015) 11/29/2018 Texas Secretary of State Elections Division

Texas Secretary of State Voting History H.B. 2050 (Rodriguez, E.): Requires that voting history electronically submitted to the Secretary of State specify if the voter voted on election day, voted early by personal appearance, voted early by mail under Chapter 86, or voted early by mail under Chapter 101. Effective: September 1, 2015 11/29/2018 Texas Secretary of State

Texas Secretary of State Public Information H.B. 2160 (Paul): Restricts the disclosure of e-mail addresses and personal phone numbers of election judges and clerks that are collected by the authority conducting the election.  The information is not public information, but may be disclosed to any entity that submits lists of election judges or clerks for that election, or the state executive committee of a political party with a county chair that is eligible to submit names of election judges and clerks. Effective: September 1, 2015 11/29/2018 Texas Secretary of State

Texas Secretary of State Elections Division Odds and Ends S.B. 435 (Lucio): Provides that a county treasurer may administer an oath in Texas under Chapter 602 of the Government Code. Effective: September 1, 2015 11/29/2018 Texas Secretary of State Elections Division

Texas Secretary of State Odds and Ends H.B. 2735 (Capriglione): Allows a municipality whose voters approved the sale of beer and wine for off-premise consumption in an election held on or after January 1, 1985, to adopt an ordinance authorizing the sale of beer and wine for off-premise consumption in an area annexed by the municipality after the date of the election. The area annexed must be zoned for commercial use only, and not adjacent to residential, church or school property.  The area annexed must also not be more than one percent of the total area of the municipality. Effective: Immediately (June 15, 2015) 11/29/2018 Texas Secretary of State