34rd Annual Election Law Seminar Voter Registration 101

34rd Annual Election Law Seminar Voter Registration 101
Texas Secretary of State Elections Division 9/22/2018 34rd Annual Election Law Seminar Voter Registration 101 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division
Topics Voter Registration Application Process DPS Peace Officer Confidentiality List Maintenance 9/22/2018 Texas Secretary of State Elections Division

Types of Voter Registration Applications
By Mail By Fax FPCA constitutes an SC 91 application for registration. Electronic submissions. DPS Web/Texas Online. Election related applications. Provisional Ballot Limited Ballot Statement of Residence and Address Confirmation Response. Uncommon. Handwritten National Mail Voter Registration Applications for Ballot by Mail does NOT constitute registering a voter. 9/22/2018 Texas Secretary of State Elections Division

9/22/2018 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

9/22/2018 SC 91 Voter Registration Application Online Counties Process from Dashboard to Link with FPCA Offline Counties Link SC 91 with Voter Import 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Delivery of the Application
Texas Secretary of State Elections Division 9/22/2018 Delivery of the Application Sec A person desiring to register to vote must submit an application to the registrar of the county in which the person resides. Except as provided by Subsection (e) (Confidentiality Program), an application must be submitted by personal delivery, by mail or by telephonic facsimile machine in accordance with Sections (d) and (d-2). (d) For purposes of determining the effective date of a registration, an application submitted by: (d-2) For a registration application submitted by telephonic facsimile machine to be effective, a copy of the registration application must be submitted by mail and be received by the registrar not later than the fourth business day after the transmission by telephonic facsimile machine is received. 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Delivery of the Application Cont’d.
Texas Secretary of State Elections Division 9/22/2018 Delivery of the Application Cont’d. Sec Delivery of application to registrar. (a) A volunteer deputy registrar shall deliver in person, or by personal delivery through another designate volunteer deputy, to the registrar each completed voter registration application submitted to the deputy, as provided by this section. The secretary of state shall prescribe any procedures necessary to ensure the proper and timely delivery of completed applications that are not delivered in person by the volunteer deputy who receives them. (b) Except as provided by Subsection (c), an application shall be delivered to the registrar not later than 5 p.m. of the fifth day after the date the application is submitted to the volunteer deputy registrar. (c) An application submitted after the 34th day and before the 29th day before the date of an election in which any qualified voter of the county is eligible to vote shall be delivered not later than 5 p.m. of the 29th day before election day. 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

9/22/2018 Application by Agent Sec Application by agent. (a) An applicant may appoint, either orally or in writing, an agent to perform one or more of the following acts for the applicant: (1) complete and sign a registration application; (2) submit an application; (3) act on the applicant’s behalf in the process of approving the application, including a challenge of the applicant; (4) receive a registration certificate in person; and (5) submit a notice or other applicable document for correcting registration information. (b) To be eligible for appointment as an agent, a person must: (1) be the applicant’s spouse, parent, or child; and (2) be a qualified voter of the county or have submitted a registration application and be otherwise eligible to vote. The appointed agent may never cancel an applicants voter registration. 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

FAQ Delivery of the Application
What if a person walks in with an voter application? Can I accept it? Yes, if it is the potential voter or is an agent for the potential voter. The VR can accept this application in accordance with Sec and Sec VDR can deliver applications. What if a person walks in with the hard copy of the fax voter registration? Can I accept it? No. The application must be received by the registrar by mail no later than the fourth (4th) business day from the date the facsimile was received. Section (d) What if the potential voter delivers to the registrar of the county a voter application after hours and left it under the door or in a drop box? Can I accept it? Yes. In this case you would err on the side of the voter. NOTE: VDR’s can’t use a drop box or leave the applications under or outside the VR office. 9/22/2018 Texas Secretary of State Elections Division

9/22/2018 Reasons for Sending Incomplete or Rejection Notices Voter Registration Application Sec. 1 - No box checked either Yes or No. Sec. 2 - No Last or First name. Middle or Former not required. Sec. 3 – No residence or parcel address. If residence is outside the county send rejection notice. Zip code not required. Sec. 4 – Not required unless the voter indicated a parcel address. Sec. 5 – Not required City or County of Former Residence. Sec. 6 – No Date of Birth Sec. 7 & 8 – Optional fields 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

9/22/2018 Reasons for Sending Incomplete or Rejection Notices Voter Registration Application . Sec. 9 – Required TDL or SSN unless the box is checked or if it fails “Live Check”. Sec. 10 – No signature by applicant or agent. The agent must include relationship to the applicant and must be the applicant’s spouse, parent, or child and a registered voter of the county. Date is not required. Additional Information - If the applicant uses an old voter registration form without providing a TDL or SSN. 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Supplementation of Initial Application
Texas Secretary of State Elections Division 9/22/2018 Supplementation of Initial Application If the registrar determines that an application is incomplete, the registrar shall notify the applicant by sending a Notice of Incomplete and include a new voter registration application to be filled out by the applicant. Legally referred as a notice of rejection. Sec (a)(b). If the applicant submits the required information no later than the 10th day after the date the registrar notified the applicant, the registrar shall proceed with the registration. Sec (c). If a registrar receives and update to a voter already registered and the new application is not signed by the voter for an address or name change the registrar shall send a Notice of Incomplete. If the voter doesn’t respond within 10 days the new updated applications would be rejected and the voter would remain at the current address on file with the county. Since the registrar now has reason to believe the voters address is not current a notice of confirmation & address confirmation response form can be sent to the voter. Sec 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Supplementation of Initial Application
Texas Secretary of State Elections Division 9/22/2018 Supplementation of Initial Application For incomplete applications due to Live Check failures, if the applicant indicates the same TDL or SSN number is “Valid”, the registrar shall register the applicant. An “ID” mark is indicated on the Official Voting List and the voter is required to show ID before voting in person or voting by mail. As a courtesy the Notice of Identification form is mailed with the certificate. If the required information is not returned with 10 days, the registrar shall reject the original application. The registrar shall retain the original application and rejection notice for their records. If the registrar receives a completed application not later than the 10th day after the date the notice is delivered the original date of submission of the incomplete application is considered to be the date of submission to the registrar for the purpose of determining the effective date of registration. If the registrar receives a completed application after the 10th day after the date the notice is delivered, then the date the completed application is returned is considered to be the date of submission to the registrar for the purpose of determining the effective date of registration. 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Notice of Incomplete 9/22/2018 Texas Secretary of State Elections Division

Notice of Identification Required
Texas Secretary of State Elections Division 9/22/2018 Notice of Identification Required 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Action On Initial Application
Texas Secretary of State Elections Division 9/22/2018 Action On Initial Application Sec (b). The registrar shall make a determination no later that the seventh day after the application is submitted to the registrar. If the registrar determines that an application does not comply with Section or does not indicate that the applicant is eligible for registration, the registrar shall reject the application and send a Notice of Rejection. If the applicants residence resides in another county, the registrar shall forward the application to the correct county within (2) two days. The registrar shall retain a copy for their records. 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Notice of Rejection 9/22/2018 Texas Secretary of State Elections Division

Confidential Information on an Application
Texas Secretary of State Elections Division 9/22/2018 Confidential Information on an Application Sec Recording and disclosure of certain information by registrar. (a) The registrar may not transcribe, copy, or otherwise record a telephone number furnished on a registration application. (b) The registrar may transcribe, copy, or otherwise record a social security number furnished on a registration application only in maintaining the accuracy of the registration records. (c) The following information furnished on a registration application is confidential and does not constitute public information for purposes of Chapter 552, Government Code: (1) a social security number; (2) a Texas driver's license number; (3) a number of a personal identification card issued by the Department of Public Safety; (4) an indication that an applicant is interested in working as an election judge; or 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Confidential Information Cont’d.
Texas Secretary of State Elections Division 9/22/2018 Confidential Information Cont’d. (5) The residence address of the applicant, if the applicant is a federal judge or state judge, as defined by Section , the spouse of a federal judge or state judge or an individual to whom Section , Government Code, applies and the applicant: (A) included an affidavit with the registration application describing the applicant's status under this subdivision, including an affidavit under Section if the applicant is a federal judge or state judge or the spouse of a federal judge or state judge; (B) provided the registrar with an affidavit describing the applicant's status under this subdivision, including an affidavit under Section if the applicant is a federal judge or state judge or the spouse of a federal judge or state judge; or (C) provided the registrar with a completed form approved by the secretary of state for the purpose of notifying the registrar of the applicant's status under this subdivision. (c-1) The registrar shall ensure that the information listed in Subsection (c) is excluded from disclosure. 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Confidential Information Cont’d.
(d) The voter registrar or other county official who has access to the information furnished on a registration application may not post the following information on a website: (1) a telephone number; (2) a social security number; (3) a driver's license number or a number of a personal identification card; (4) a date of birth; or (5) the residence address of a voter who is a federal judge or state judge, as defined by Section , or the spouse of a federal judge or state judge, if the voter included an affidavit with the application under Section or the registrar has received an affidavit submitted under Section 9/22/2018 Texas Secretary of State Elections Division

9/22/2018 Request for Omission (Judicial Version) (For Local Voter Registration Office) 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Confidentiality Program Application
Texas Secretary of State Elections Division 9/22/2018 Confidentiality Program Application Sec (e). A person who is certified for participation in the address confidentiality program administered by the attorney general under Subchapter C, Chapter 56, Code of Criminal Procedure, is not eligible for early voting by mail under Section unless the person submits an application under this section by personal delivery. The secretary of state may adopt rules to implement this subsection. Sec Participation in address confidentiality program. A qualified voter is eligible for early voting by mail if: (1) the voter submitted a registration application by personal delivery as required by Section (e); and (2) at the time the voter's early voting ballot application is submitted, the voter is certified for participation in the address confidentiality program administered by the attorney general under Subchapter C, Chapter 56, Code of Criminal Procedure. For secretary of state’s rule on administration of voter registration associated with address confidentiality program, see 1 Tex. Admin. Code Sec All confidentiality information is reviewed by the Early Voting clerk in the county. The voter registrar of the county will not received an application under this program. 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Address Confidentiality Program Administered by the Attorney General Office Forms for the program can be found on the SOS website link below for the Address Confidentiality Program. 9/22/2018 Texas Secretary of State Elections Division

Confidentiality Peace Officers Texas Government Code
§ CONFIDENTIALITY OF ADDRESSES, TELEPHONE NUMBERS, SOCIAL SECURITY NUMBERS, AND PERSONAL FAMILY INFORMATION OF PEACE OFFICERS, COUNTY JAILERS, SECURITY OFFICERS, AND EMPLOYEES OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE OR A PROSECUTOR'S OFFICE. (a) This section applies only to: (1) peace officers as defined by Article 2.12, Code of Criminal Procedure; (2) county jailers as defined by Section , Occupations Code; (3) current or former employees of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department; (4) commissioned security officers as defined by Section , Occupations Code; and (5) employees of a district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters. 9/22/2018 Texas Secretary of State Elections Division

Confidentiality Peace Officers Texas Government Code Cont’d.
(b) Information that relates to the home address, home telephone number, or social security number of an individual to whom this section applies, or that reveals whether the individual has family members is confidential and may not be disclosed to the public under this chapter if the individual to whom the information relates: (1) chooses to restrict public access to the information; and (2) notifies the governmental body of the individual's choice on a form provided by the governmental body, accompanied by evidence of the individual's status. (c) A choice made under Subsection (b) remains valid until rescinded in writing by the individual. (d) This section does not apply to information in the tax appraisal records of an appraisal district to which Section , Tax Code, applies. (e) All documents filed with a county clerk and all documents filed with a district clerk are exempt from this section. 9/22/2018 Texas Secretary of State Elections Division

DPS Process for Peace Officer Confidentiality
It is important to know that a Peace Officer’s residential address may be protected under several different laws and are eligible for confidentiality with more than one agency – most notably the Texas Department of Public Safety (DPS) and the Texas Secretary of State (SOS). 9/22/2018 Texas Secretary of State Elections Division

9/22/2018 Peace Officer Confidentiality Form 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Correction of Registration Records
Texas Secretary of State Elections Division 9/22/2018 Correction of Registration Records Sec (a) The registrar shall make the appropriate corrections in the registration records, including, if necessary, deleting a voter’s name from the suspense list: (1) after receipt of a notice of a change in registration information under Section ; (2) after receipt of a voter’s reply to a notice of investigation given under Section ; (3) after receipt of any affidavits executed under Section , following an election; (4) after receipt of a voter’s statement of residence executed under Section ; (5) before the effective date of the abolishment of a county election precinct or a change in its boundary; (6) after receipt of United States Postal Service information indicating an address reclassification; (7) after receipt of a voter’s response under Section ; or (8) after receipt of a registration application or change of address under Chapter 20. (b) At least monthly, the registrar shall request from the United States Postal Service any available information indicating address reclassifications affecting the registered voters of the county. 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

List Maintenance Sec Confirmation notice. (a) If the registrar has reason to believe that a voter’s current residence is different from that indicated on the registration records, the registrar shall deliver to the voter a written confirmation notice requesting confirmation of the voter’s current residence. (b) The registrar shall include an official confirmation notice response form with each confirmation notice delivered to a voter. (c) The confirmation notice shall be delivered by forwardable mail to the voter’s last known address. (d) The registrar shall maintain a list of the confirmation notices mailed to voters, which for each notice must include the voter’s name and the date the notice is mailed. The registrar shall maintain and retain the list in accordance with rules prescribed by the secretary of state. 9/22/2018 Texas Secretary of State Elections Division

List Maintenance Cont’d.
Sec Cancellation following investigation by registrar. (a) The registrar may use any lawful means to investigate whether a registered voter is currently eligible for registration in the county. This section does not authorize an investigation of eligibility that is based solely on residence. (b) If the registrar has reason to believe that a voter is no longer eligible for registration, the registrar shall deliver written notice to the voter indicating that the voter’s registration status is being investigated by the registrar. The notice shall be delivered by forwardable mail to the mailing address on the voter’s registration application and to any new address of the voter known to the registrar. If the secretary of state has adopted or recommended a form for a written notice under this section, the registrar must use that form. (c) The notice must include: (1) a request for information relevant to determining the voter’s eligibility for registration; and (2) a warning that the voter’s registration is subject to cancellation if the registrar does not receive an appropriate reply on or before the 30th day after the date the notice is mailed. 9/22/2018 Texas Secretary of State Elections Division

List Maintenance Cont’d.
Texas Secretary of State Elections Division 9/22/2018 List Maintenance Cont’d. (d) Except as provided by Subsection (e), the registrar shall cancel a voter’s registration if: (1) after considering the voter’s reply, the registrar determines that the voter is not eligible for registration; (2) no reply is received from the voter on or before the 30th day after the date the notice is mailed to the voter under Subsection (b); or (3) each notice mailed under Subsection (b) is returned undelivered to the registrar with no forwarding information available. (e) A voter’s registration may not be canceled under Subsection (d) if the voter’s name appears on the suspense list unless the notice mailed to the voter indicated that the registrar had reason to believe that the voter is not eligible for registration because of a ground other than a ground based on residence. (f) The registrar shall retain a copy of the notice mailed to a voter under this section on file with the voter’s registration application. If the voter’s reply to the notice is in writing, the registrar shall also retain the reply on file with the application. If the reply is oral, the registrar shall prepare a memorandum of the reply, indicating the substance and date of the reply, and shall retain the memorandum on file with the application. . 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Cancellation of Voter Records
Texas Secretary of State Elections Division 9/22/2018 Cancellation of Voter Records Immediate cancellations of voter records: At voters request. Notice to voter registrar of application for limited ballot. Personal knowledge of a deceased voter Duplicate voter Cancellations from Investigations: Failure to respond to Notice of Examination Out of county Address Confirmation response Jury Non-Citizen Cancellation Mental Incompetence Felony Conviction See Sec for the complete list for Cancellation on official notice of ineligibility. 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Notice of Reinstatement to Voter
Texas Secretary of State Elections Division 9/22/2018 Notice of Reinstatement to Voter Sec (a) Immediately on reinstatement of a registration, the registrar shall deliver written notice of the reinstatement to the voter. (b) The notice shall be delivered by mail to the mailing address on the voter’s registration application and to any new address known to the registrar. (c) The notice must include the date of and reason for the reinstatement. (d) A reinstatement of a registration takes effect immediately. 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Statement of Residence Application
9/22/2018 Texas Secretary of State Elections Division

Voter Address Confirmation Application

Limited Ballot Application
Texas Secretary of State Elections Division 9/22/2018 Limited Ballot Application A person may vote a limited ballot by personal appearance only at the main early voting polling place. Register the Limited Ballot Application first before sending notification to the prior county. 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Voter Registrar Review of Provisional Ballot Affidavit Envelopes
Texas Secretary of State Elections Division 9/22/2018 Voter Registrar Review of Provisional Ballot Affidavit Envelopes The “Cure Period” is not later than the 6th business day after election day (extended if it falls on weekend or legal holiday). (1 T.A.C. §§ – & ) NOTE: Always investigate DPS ballot inquires first. The Voter Registrar shall sign and date the review of each Provisional Ballot Affidavit Envelope. Copy the Provisional Ballot Affidavit Envelope of each Voter. The copied Provisional Ballot Affidavit Envelope serves as an original voter registration application or change form. Forward a copy of the Provisional Ballot Affidavit Envelope if residence falls outside the voter registrars jurisdiction to the appropriate county. Poll Watchers are not entitled to be present during the Voter Registrar's review. For detailed procedures see the Texas Administrative Code/Administration/Office of the Secretary of State/Chapter 81 Elections/Implementation of the Help American Voter Act of 2002. 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Provisional Ballot Envelope Voter Registration Application

Texas Administrative Code for Provisional Ballots

Using the DPS Web Portal to Help Resolve Provisional Ballots
Texas Secretary of State Elections Division 9/22/2018 Using the DPS Web Portal to Help Resolve Provisional Ballots Counties MUST investigate ballots indicating a person registered to vote through DPS. This portal allows counties to inquire whether or not an individual claiming to have registered through DPS while obtaining or renewing a Driver License or Identification card did in fact check “yes” to the question: “Would you like to register to vote?” Refer to Election Advisory No which will be covered in the DPS Web Portal presentation. The letter will also be in the seminar book. Lillian will be covering the DPS Portal at 1:00 pm 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Online Web Applications
Texas Secretary of State Elections Division 9/22/2018 Texas Online Web Applications Texas Online Web applications are paperless transactions. Sec (d) A voter is able to change a Name and/or Address as long as the voter still resides in same county. If the residence address on the Texas Online Web application indicates the voter’s new address is not within your county, the proper course of action is to reject the Texas Online Web application and send the voter the Notice of Rejection. We recommend printing the web application and forward to the new county. The new county can send an application to fill out and return. The voter registrar may cancel the voter who is already registered in the county and send the voter a Notice of Cancellation indicating they are no longer registered. Sec 9/22/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

34rd Annual Election Law Seminar Voter Registration 101

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34rd Annual Election Law Seminar Voter Registration 101

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