Texas Secretary of State Elections Division 12/2/2018 Early Voting by Mail ELECTION LAW SEMINAR For County Election Officials Caroline Geppert 2016 12/2/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division TOPICS COVERED Who can vote by mail? Submission of ABBM Accepting and Rejecting ABBMs Annual ABBMs Mailing balloting materials to voter. Cancellation of ABBM Receiving and Securing the ballots by mail Plus HOT TOPICS! 12/2/2018 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 Voter With a Disability Absent from County during Early Voting and on Election Day Confined in Jail In Address Confidentiality Program 12/2/2018 Texas Secretary of State Elections Division

Good for one election only (plus runoff if requested). Type Who Can Use? Application Delivery Filing Period Expiration Date Ballots Received Regular ABBM 65+ on Eday Disability Absent from County Confined in Jail Address Confidentiality In person by voter, before EV in person begins Regular Mail Common or Contract Carrier Fax Email (signed, scanned attachment) January 1 of calendar year through 11th day before election day for which ballot is requested. Good for one election only (plus runoff if requested). Expires after the election for which ballot was requested. OR Voter cancels ABBM. Ballot(s) for election(s) held by early voting clerk to whom application submitted (and runoff ballot, if requested). Annual ABBM Same as Regular ABBM January 1 of calendar year*+ *On or before 11th day before Eday, to receive ballot for that election +Up to 60 days before election held in January or February. December 31 OR Until: Voter cancels ABBM Registration cancelled Voter registers in a new county All ballots for all elections held by all political subdivisions in the year in which submitted.+ FPCA Military Voter Outside Home Texas County U.S. Citizen Overseas *If registered, on or before 11th day before Eday, to receive ballot for that election. If not registered but eligible to register, not later than 20th day before Eday. Same as Annual ABBM All ballots for all elections held by the county, city, or school district, in the year in which submitted (unless eligible for federal ballot only.+

Texas Secretary of State Elections Division How to Vote By Mail Use SOS’s official (formal) application. Sec. 84.011 Submit Informal Application Sec. 84.002 12/2/2018 Texas Secretary of State Elections Division

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Texas Secretary of State Elections Division Informal Application In writing (i.e., not verbal) 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 Indication of which election application is for 12/2/2018 Texas Secretary of State Elections Division

Informal Application - Examples Handwritten request from a voter Pre-printed (pre-filled) applications from individual campaigns or candidates Pre-printed (pre-filled) applications from political parties These are acceptable as long as they contain the elements listed in the slide above. 12/2/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Formal Application – Prescribed by SOS 12/2/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division How to Submit an Application Filing Period- First day to submit, for all ABBMs - January 1 Annual ABBMs – 60 days before January or February Election, good for following year Deadline is 11th day, unless weekend or holiday, in which case previous business day Deadline for November 8, 2016: Friday, October 28, 2016 Delivery In person by voter, before early voting in person begins Regular Mail Common or Contract Carrier Fax Email delivery 12/2/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Email Delivery of ABBM Voter may send COMPLETED, SIGNED, SCANNED ABBM via email to address designated by EV Clerk EV Clerk designates email address to be used Recommend including email in Order and Notice of election, along with Office Hours of EV Clerk 12/2/2018 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, email) Correct Clerk (if not, forward) Registration Status (if on suspense, send SOR) Residence and Mailing Address/SOR Additional Considerations (outside county, disability, 65 or older) 12/2/2018 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 Add voter’s name to precinct list of early voters Make notation on list of registered voters that voter was mailed a ballot Enter information into TEAM, if applicable 12/2/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Rejecting Application Mail/otherwise deliver “Notice of Rejected Application for Ballot By Mail” Include new ABBM if original received on or before 18th day before election day Friday, October 21, 2016 for November 8, 2016 election Keep rejected application in file & attach copy of rejection notice 12/2/2018 Texas Secretary of State Elections Division

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Texas Secretary of State Elections Division Cancellation of ABBM @ EV Clerk’s Office (not at an EV Site or Eday PPL) Before 3rd day before election day and after ballot is mailed to voter but before by-mail ballot arrives back at EV clerk’s office, voter completes Request to Cancel ABBM and need not complete further affidavits. Cancels issued ballot for that election and Annual ABBM. This can also be submitted by mail or by fax. 84.032(a). After early voting has ended, voter completes Request to Cancel and either surrenders ballot to EV clerk or completes Affidavit on Request form that voter has not received ballot. 84.032(c). Cancels only the ballot issued for that election, not Annual ABBM. After by-mail ballot arrives at EV clerk’s office but before it has been sent to the EVBB, voter completes Request to Cancel and Affidavit that the ballot received by the ev clerk was not marked by the voter. 84.032(e). Cancels only the ballot issued for that election, not Annual ABBM. 12/2/2018 Texas Secretary of State Elections Division

Cancellation of ABBM @ EV Clerk’s Office - Affidavits If voter cancels in person with EV clerk, EV clerk should give voter a copy of the completed and approved cancellation form or other notice saying voter has cancelled ballot by mail (sample latter available in TEAM). Voter may then take this copy of request (or the TEAM generated letter), proceed to EV or Eday polling place, and vote a regular ballot. 12/2/2018 Texas Secretary of State Elections Division

Cancellation of ABBM @ Main or Branch EV Site or Election Day PPL Voter must: Complete Request to Cancel ABBM, surrender by-mail ballot or Notice of Improper delivery. Voter votes regular ballot issued at EV Site/PPL. Cancels only the ballot, not Annual ABBM (84.032(d); OR Provide to EV Clerk (or Deputy EV Clerk) at EV Site or Judge at Eday PPL a copy of an already completed and approved Request to Cancel ABBM. Voter votes regular ballot. Cancels only the ballot for that election and not Annual ABBM; OR Vote provisionally. Voter does not need to complete Request to Cancel ABBM. Provisional ballot may be counted if no by-mail ballot is processed by EVBB. Does not cancel Annual ABBM. 12/2/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Cancellation of ABBM To Cancel at EV or EDAY POLLING PLACE, MUST SURRENDER BALLOT or NOTICE of IMPROPER DELIVERY. Sec. 84.032(d) If Voter has not already cancelled with EV clerk, and does not have her Ballot or the Notice, then the voter may ONLY: Vote Provisionally (in which case no cancellation request completed. Provisional affidavit acts as cancellation of that ballot), OR Proceed to Early Voting Clerk’s office to complete appropriate Affidavit on request to Cancel Application for Ballot by Mail. 12/2/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Voter who Votes Provisionally due to Not Having By-Mail Ballot or Notice Any properly-delivered by-mail ballot that timely arrives at the early voting clerk’s office MUST be forwarded to the EVBB, even if the voter has voted provisionally There is no need to make a notation on the jacket envelope that the voter has voted provisionally, and no authority to withhold a properly and timely delivered by-mail ballot from the ballot board EVBB must count the by mail ballot, even if it has an indication that the voter has voted provisionally, as long the ballot otherwise should be counted (voter is eligible, carrier is properly executed, etc.) Only if a by-mail ballot is never received by the ev clerk or not counted by the EVBB could the provisional ballot be counted 12/2/2018 Texas Secretary of State Elections Division

Effect of Cancellation If Cancellation approved, EV Clerk should remove notation on list of registered voters that voter was mailed a ballot; if voter's name has already been added to early voting precinct list, remove name unless list has already been delivered to election day precinct judge; attach request to voter's application; and retain request during the preservation period. If Cancellation denied, EV Clerk should notify applicant that request was denied; state reason; and 12/2/2018 Texas Secretary of State Elections Division

Effect of Cancellation on Annual ABBM In-person cancellation (by surrendering ballot, presenting notice of incomplete delivery, competing request to cancel and affidavit in person with EV clerk, or voting provisionally) does NOT cancel a voter’s Annual ABBM, but only the ballot at issue in that election. Voter cancelling in person may explicitly indicate that they want their Annual ABBM cancelled; this will cancel the Annual ABBM Cancellation prior to 3rd day before election day that is not in-person at PPL or with EV clerk does cancel Annual ABBM 12/2/2018 Texas Secretary of State Elections Division

Texas Secretary of State Annual ABBM Voter may submit a single Annual ABBM and receive ballots for all elections held by all entities in which the voter is eligible to vote in that calendar year. Submitted to the early voting clerk of ANY political subdivision, not just to the county early voting clerk. Sec. 86.0015(a) ONLY for Voters 65+ or with Disability Applicant must indicate they want the ABBM to be an Annual ABBM (not automatic) Voters applying for reason of absence from county do not qualify for Annual ABBM. 12/2/2018 Texas Secretary of State

Forwarding Annual ABBMs Texas Secretary of State Elections Division 12/2/2018 Forwarding Annual ABBMs County EV Clerk required to create and maintain a searchable list of all the voters who have submitted Annual ABBMs with the County. “List of Annual ABBM Voters” County must forward List and scans of Annual ABBMs to all Political Subdivisions in the County that: Are having an election For whom the county is NOT serving as the early voting clerk by law, by contract, or through a joint election agreement. NOTE - List and Forwarding procedure only apply to Annual ABBMs, not “single use” ABBMs. County early voting clerk must ALSO forward copies of the actual Annual ABBMs to the political subdivisions in which the voter is eligible to vote and that are having an election (for which the county is not serving as early voting clerk). Purpose: So EVBBs of those entities will have signatures from the Annual ABBMs to compare to the signatures on the carrier envelopes returned to the political subdivision. The scan or photocopy of the original Annual ABBM must be emailed/mailed/couriered/faxed to the political subdivisions. 12/2/2018 Texas Secretary of State Texas Secretary of State Elections Division

Pertinent Dates for List & Scans Friday, September 9, 2016 (60th day before November 8, 2016 election day) - Recommended date for county to send initial List of Annual ABBM Voters (and scans of Annual ABBMs) to Political Subdivisions NEW RECOMMENDATION: We recommend that the List be accompanied by the scanned ABBMs or that the scans follow shortly thereafter, so that entities can check the accuracy of the List Friday, October 28, 2016 (11th day before November 8, 2016 election day) - Last day for county to deliver final List of Annual ABBM Voters and scans of Annual ABBMs Before meeting of local EVBB 12/2/2018 Texas Secretary of State Elections Division

Texas Secretary of State Contents of List Searchable document from County should contain: Voter’s name, VUID, Precinct, Residence Address, Mailing Address (if different), date name added to List or changes made, & political subdivisions in which voter eligible to vote. See Advisory 2015-10: http://www.sos.state.tx.us/elections/laws/advisory2015-08.shtml 12/2/2018 Texas Secretary of State

Forwarding of List & Scans/Copies of ABBMs Texas Secretary of State Elections Division 12/2/2018 Forwarding of List & Scans/Copies of ABBMs The county sends the List & ABBMs to: Every political subdivision that provides notice to the county under Section 4.008 that it is having an election. Deadline to deliver notice to CC/VR - 60th day before election day: Friday, September 9, 2016. Every political subdivision that orders an original list of registered voters from the county voter registrar under Section 18.001 or 18.002. County and political Subdivisions work together to determine the method of sending List/ABBMs by mail, email, fax, etc. Be consistent in the method. The Election Division strongly recommends that the county and political subdivisions discuss the frequency and method for which these lists should be transmitted to ensure that ballots are sent out timely. 12/2/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Maintenance of List What should Political Subdivision do with an Annual ABBM it receives directly from a voter? Keep the original Annual ABBM & send a copy to the county EV Clerk. County EV Clerk updates List as necessary. Forwarding by a political subdivision to a county applies only to Annual ABBMs and not “single-use” ABBM. 12/2/2018 Texas Secretary of State

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Lessons Learned – Lists and Scans of AABBMS Lists must be more accurate ONLY ANNUALS, not all ABBMs No incorrect “Annual” ABBMs - e.g., voting for being out of county, but voter still selected annual Only those Annual ABBMS that are for that political subdivisions should be sent to the political subdivision, not all of the Annual ABBMS you have Be sure your VR lists are accurate and have the most recent boundaries of the political subidivision NOTE: Political Subdivision still must ensure that each voter on the List is indeed eligible to vote in the political subdivision’s election and to determine which ballot that individual should be sent. 12/2/2018 Texas Secretary of State Elections Division

Lessons Learned – Lists and Scans of AABBMS Scans should be sent sooner or simultaneously To allow entities to double check accuracy of Lists Huge increases of by-mail ballots for small entities, causing confusion for election officials and voters ISD: 20 by-mail ballots before AABBM, 1000 after City: 30 by-mail ballots before AABBM, >500 after Communicate with political subdivisions to give them a heads up 12/2/2018 Texas Secretary of State Elections Division

Forwarding of List & Scans/Copies of Annual ABBMS List/AABBMs includes only those voters eligible to vote in that political subdivision. Political Subdivision must ensure that each voter on the List is indeed eligible to vote in the political subdivision’s election and to determine which ballot that individual should be sent. 12/2/2018 Texas Secretary of State

Texas Secretary of State Elections Division Mail Balloting Materials to Voter Mail to the Voter: Ballot Ballot (Secrecy) envelope Carrier Envelope (be sure voter’s name is on Carrier) List of declared write-in candidates SOR, if applicable Dear Voter Letter or other special Instructions Notice regarding postage Update “Roster for Early Voting by Mail” Enter Voting History Status in TEAM 12/2/2018 Texas Secretary of State Elections Division

Update “Roster for Early Voting by Mail” To show ballot mailed to voter (and later, received back from voter). NOTE: We recommend that you create two rosters for your mail ballots—one for ballots that have been mailed but not returned and a separate list of ballots by mail that have been received. Neither roster should explicitly state that a voter on the list has submitted an Annual ABBM. 12/2/2018 Texas Secretary of State Elections Division

Deadline to Mail Ballots For Military or Overseas Voters (using FPCA or State ABBM): Mail ballots no later than the 45th day before election day: Ballots must be mailed by this date or the 7th day after the clerk receives the application.  If the early voting clerk cannot meet this 45th-day deadline, the clerk must notify the Secretary of State within 24 hours. (Secs. 86.004(b), 101.104). 45 day Deadline to mail ballots for November 8, 2016: Saturday, September 24, 2016 12/2/2018 Texas Secretary of State Elections Division

Deadline to Mail Ballots For all Other Voters (not Military or Overseas): EV Clerk must mail the balloting materials not later than the 7th day after the later of: (1) the date the EV Clerk has accepted a voter’s application for a ballot by mail or (2) the date the ballots become available for mailing. However, if the 7th day falls earlier than the 45th day before election day, the voter’s mail ballot must be mailed no later than the 38th day before election day.  (Sec. 86.004(a)). 12/2/2018 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 12/2/2018 Texas Secretary of State Elections Division

Receiving Early Voting Ballot By Mail Time of receipt – by 7:00 pm on election day unless coming from overseas (then, 5th day after Eday ) Submission/Delivery of Carrier Envelope Mail (EV Clerk must check mail box before end of day) Common or Contract Carrier Hand-Delivery By Voter Delivered directly to EV Clerk’s Office By the Voter whose Ballot it is During the Hours Polls are Open on Election Day Voter Must Show Acceptable ID (and sign in) Cannot be done by Agent or Assistant Secure ballot just as you would a ballot delivered by any other method 12/2/2018 Texas Secretary of State Elections Division

Receiving Early Voting Ballot By Mail Action on timely/properly returned ballots Open delivery envelope, if any (Fed Ex, etc) Place Carrier envelope in jacket envelope Include delivery envelope in jacket, if applicable More than one carrier in delivery envelope Registered at same address? Seal Jacket Envelope, keep in safe place, deliver to EVBB when required Update “Roster for Early Voting by Mail” (and TEAM) to indicate ballot returned by voter. 12/2/2018 Texas Secretary of State Elections Division

Receiving Early Voting Ballot By Mail, cont. Ballots not timely-returned (or treated as such) 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 – 86.011(d) 12/2/2018 Texas Secretary of State Elections Division

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Organization & Security of By Mail Ballots Before Transport to EVBB Election Code is silent Recommended - Store Jacket envelopes (containing carrier envelopes, ABBMs, other documents relevant to the voter’s by-mail ballot) in containers in alphabetical order Includes FPCA, signature sheet, etc. Store Containers with jacket envelopes in secure location, such as lockable closet Do NOT put by-mail ballots and materials in ballot box containing ballots cast in person Task key personnel with security of by mail materials; not common access 12/2/2018 Texas Secretary of State Elections Division

Transport of By-Mail Ballots to EVBB EV Clerk Posts Notice of Delivery each time ballots are provided to EVBB or SVC Communicate with PJ of EVBB or SVC for when delivery should occur EV Clerk is responsible for secure transfer of by-mail ballots and materials to PJ of EVBB or Chair of SVC at time designated by PJ or Chair 12/2/2018 Texas Secretary of State Elections Division

Availability of EVBM Records ABBM & Carrier Envelope Original and copies of the ABBM and carrier envelope are not available for public inspection until the first business day after the election. [Sec. 86.014(b)] Annual ABBM is not available for public inspection (except to the applicant herself) until the first business day after the election day of the latest occurring election for which the application is submitted. 12/2/2018 Texas Secretary of State Elections Division

Availability of EVBM Records, cont. EV Rosters Information on the early voting roster for a person to whom a ballot has been mailed is not available until the 1st business day after election day. [Sec. 87.121(f)] Except to a voter seeking to verify the accuracy of his or her own ballot by mail. [Sec. 87.121(f)] Except - name of a voter who voted by mail is available no later than the day following the day the early voting clerk receives the ballot. [Sec. 87.121(h)] NOTE: We recommend that you create two rosters for your mail ballots—one for ballots that have been mailed but not returned and a separate list of ballots by mail that have been received. Neither roster should explicitly state that a voter on the list has submitted an Annual ABBM. 12/2/2018 Texas Secretary of State Elections Division

Public Information Requests and Annual ABBMs If you receive a PIR for emails sent with scanned ABBMs or a copy of the list of Annual ABBM voters, we strongly suggest that you request an Open Records Decision from the Texas Attorney General’s office to see if you can withhold the list until the last election for which the Annual ABBM is effective. 12/2/2018 Texas Secretary of State

Texas Secretary of State Elections Division Limited Ballot Who? Voter that changes residence to another county, if would be eligible in former county if still there, still registered in former county or was registered when applied for registration in new county, and Voter registration is not effective in new county. What? Ballot containing offices/measures for a “common” territorial unit in which voter was resident before changing counties. Where? Personal Appearance: Only the main early voting polling place. By Mail: Submitted to early voting clerk serving election precinct in which voter resides. 12/2/2018 Texas Secretary of State Elections Division

Presidential Ballot – Ch. 113 Authorizes voting a restricted ballot for president and vice-president only, under certain circumstances. Helps former residents of Texas who have recently moved to another state but did not register in time to vote in the new state. See VoteTexas.gov for additional details: http://www.votetexas.gov/special-procedures-for-early-voting/ Application is in Forms Manual: http://www.sos.state.tx.us/elections/forms/pol-sub/5-31f.pdf 12/2/2018 Texas Secretary of State Elections Division