Special Forms of Early Voting Texas Secretary of State Elections Division 4/27/2019 Special Forms of Early Voting Andre Montgomery, Staff Attorney Elections Division – Texas Secretary of State 26th Annual Election Seminar – Dec. 2014 4/27/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Agenda Late Voting Disabled Voter – Chapter 102 Death in Immediate Family – Chapter 103 Disabled Voter on Election Day – Chapter 104 Military Personnel and Overseas Voters – Chapter 105 Voting by Persons on Space Flight – Chapter 106 Limited Ballot – Chapter 112 4/27/2019 Texas Secretary of State Elections Division

Late Voting – Disabled Voter Eligibility Application Contents Submitting Application Deadline Reviewing Application Marking and Processing Ballot 4/27/2019 Texas Secretary of State Elections Division

Late Voting – Disabled Voter Eligibility: Voter has “sickness or physical condition” that would prevent the voter from being able to appear in person at the polling place. Childbirth is sufficient cause. (§82.002) Disability begins on or after the day before the last day for submitting ABBM. (§102.001) 4/27/2019 Texas Secretary of State Elections Division

Late Voting – Disabled Voter Application Contents: Contents of ABBM, and Certificate from a licensed physician, chiropractor or Christian Science practitioner certifying sickness or physical condition. (§102.002) Tip: Please see SOS Form AW5-25. 4/27/2019 Texas Secretary of State Elections Division

Late Voting – Disabled Voter Submitting Application: Application must be submitted in person at main early voting polling place by a representative of applicant. Note: If ballots by mail are being processed at another location, the early voting clerk may require applications be delivered there. (§102.003) Representative Qualifiers: 18 years of age or older; Not employed by or related within third degree of affinity to any candidate on ballot; and Not have served in election as representative for another applicant. (§102.003) 4/27/2019 Texas Secretary of State Elections Division

Late Voting – Disabled Voter Application Deadline: After last day of period for early voting by personal appearance; but Before 5 p.m. on Election Day. Ballot Deadline: Before 7 p.m. on Election Day (§102.003) 4/27/2019 Texas Secretary of State Elections Division

Late Voting – Disabled Voter Reviewing Application: Applicant's registration status is verified by the early voting clerk in same manner as in early voting by mail. Once verified, clerk provides ballot by mail to voter’s representative, and marks representative’s name and address on application. Voter’s representative shall deliver balloting materials to disabled voter. (§102.004) 4/27/2019 Texas Secretary of State Elections Division

Late Voting – Disabled Voter Marking and Processing Ballot: Voter shall mark and seal ballot in same manner as in voting by mail, including signing back flap of carrier envelope. (§102.005) Marked ballot must be returned in its carrier envelope to early voting clerk before 7:00 p.m. on election day by same representative who delivered ballot to voter. (§102.006) Clerk shall enter representative’s name and address on carrier envelope, representative shall sign envelope. (§102.006) Ballot shall be processed along with other ballots by mail. (§102.007) Clerk shall make entries on early voting roster and precinct early voting list. (§102.008-102.009) 4/27/2019 Texas Secretary of State Elections Division

Late Voting - Death in Family Eligibility Application Contents Submitting Application Deadline Voting and Processing Ballot 4/27/2019 Texas Secretary of State Elections Division

Late Voting - Death in Family Eligibility: Voter is absent from county of residence on Election Day due to death family member (within 2nd degree by consanguinity or affinity). The death occurs on or the day before the last day of early voting. (§103.001) 4/27/2019 Texas Secretary of State Elections Division

Late Voting - Death in Family Application Contents: In the form of an affidavit; Contents of an ABBM; and Statement of relationship and date of death of relative. (§103.002) Tip: Please see SOS Form AW5-24. 4/27/2019 Texas Secretary of State Elections Division

Late Voting - Death in Family Submitting Application: Must be made in person by voter to early voting clerk at the main early voting location. Note: If ballots by mail are being processed at another location, the early voting clerk may require applications be delivered there. (§103.003) 4/27/2019 Texas Secretary of State Elections Division

Late Voting - Death in Family Deadline: After last day of period for early voting by personal appearance; but Before close of business on day before Election Day. (§103.003) Note: Deadline is different from Chapter 102 for Disabled Voter. 4/27/2019 Texas Secretary of State Elections Division

Late Voting - Death in Family Voting and Processing Ballot: Early voting clerk shall verify registration status, and, once confirmed, provide ballot by mail to voter. (§103.004) Voter shall mark and seal ballot as if voting by mail, but is NOT required to complete certificate on carrier envelope. Clerk shall note on envelope ballot voted under Chapter 103. Early voting clerk shall process ballot along with other ballots by mail. Clerk will add entries to the early voting roster and precinct early voting list. (§103.004-§103.006) 4/27/2019 Texas Secretary of State Elections Division

Late Voting – Disabled Voter on Election Day Eligibility Application Contents Submitting Application Deadline Voting and Processing Ballot 4/27/2019 Texas Secretary of State Elections Division

Late Voting – Disabled Voter on Election Day Eligibility: Voter is sick or disabled, which would prevent accessing polling place in a regular manner. Voter is qualified and their precinct conducts voting by voting machine. (§104.001) Note: “Regular manner” is without personal assistance or a likelihood of injuring voter’s health. Note: This Chapter allows voting at main early voting place by voter with disabilities on Election Day - compared to Chapter 102 procedure for an emergency type of situation. 4/27/2019 Texas Secretary of State Elections Division

Late Voting – Disabled Voter on Election Day Application Contents: In the form of an affidavit; Contents of an ABBM; and Statement that voter has not previously voted in the election. (§104.002) 4/27/2019 Texas Secretary of State Elections Division

Late Voting – Disabled Voter on Election Day Submitting Application: Application must be submitted to early voting clerk at main early voting location. Note: If ballots by mail are being processed at another location, the early voting clerk may require applications be delivered there. (§104.004) 4/27/2019 Texas Secretary of State Elections Division

Late Voting – Disabled Voter on Election Day Deadline: Voting shall be conducted between 7 a.m. and 7 p.m. on Election Day. (§104.003) 4/27/2019 Texas Secretary of State Elections Division

Late Voting – Disabled Voter on Election Day Voting and Processing Ballot: Early voting clerk shall verify registration status, and, once confirmed, provide ballot by mail to voter. (§104.004) Voter shall mark and seal ballot as if voting by mail, but is NOT required to complete certificate on carrier envelope. Clerk shall note on envelope ballot voted under Chapter 104. Early voting clerk shall process ballot along with other ballots by mail. Clerk will add entry to the early voting roster. (§104.004-§104.006) 4/27/2019 Texas Secretary of State Elections Division

Voting from Combat Zone Chapter 105 provides that members of the armed forces and their spouses may return a ballot by facsimile if they are in an area that has been designated as a combat zone or are eligible for hostile fire pay. (§105.001) See Advisory 2012-19. 4/27/2019 Texas Secretary of State Elections Division

Voting from Combat Zone Chapter 105 also provides for use of a Federal Write-In Ballot (FWAB) for voters that are eligible to submit an FPCA and have filed an FPCA with the early voting clerk. (§105.002-105.003) See Advisory 2012-19. 4/27/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Voting on Space Flight Eligible astronauts (registered Texas voters). Space flight on Election Day and during early voting. 4/27/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Limited Ballot Who? Voter that changes residence to another county, if: Eligible in former county if they were still there. Still registered in former county. Voter registration is not effective in new county. (§112.002) 4/27/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Limited Ballot What? A ballot “restricted to the offices and propositions…which a person is entitled to vote.” (§112.001) Vote on: Statewide offices/measures Offices/measures for a “common” territorial unit in which voter was resident before changing counties. In political subdivision elections, a full ballot if the entity’s boundaries extend into two counties, and voter was and is a resident of the same election precinct. (§112.003-112.004) 4/27/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Limited Ballot Where? Personal Appearance: Only the main early voting polling place. (§112.006) By Mail: Submitted to early voting clerk serving election precinct in which voter resides. (§112.005) 4/27/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Limited Ballot When? During early voting period by personal appearance, or; By mail (if allowed under Chapter 82). (§112.002(a)) 4/27/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Limited Ballot How? Execute affidavit that voter is eligible for limited ballot, contains voter’s address, D.O.B., and date of affidavit. (§112.002(c)) Early voting clerk must attempt to verify that voter does not have an effective registration in new county, or a registration that will be effective on or before election day. (§112.007) 4/27/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Voter Registration Limited voter application also acts as a voter registration applicant in the new county. 4/27/2019 Texas Secretary of State Elections Division