1. Preparing for Your Election
Texas Secretary of State Elections Division
11/6/2018
Preparing for Your Election
Ashley Fischer
2016 – Election Law Seminar
11/6/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. Texas Secretary of State
138th Day Before Election Day = Notice of Filing Period 108th Day Before Election Day = First Day a Candidate May File 78th Day Before Election Day = Deadline to Order Election Deadline for Candidate to File for Place on Ballot But, before all of this…
11/6/2018
Texas Secretary of State

3. Texas Secretary of State
Agenda
Type of Entity/Term Lengths
Method of Election
Vote Requirement
Voting Systems
Election Workers
Contracting
List of Registered Voters
Polling Places
Supplies
Odds & Ends
Resources
11/6/2018
Texas Secretary of State

4. Type of Entity/Legal Situations
Determine the type of your entity, and any legal situations impacting your entity, i.e. court orders.
Why is it important?
Determines the law governing your entity.
Assists in properly calling elections/special elections.
Determines if you can move your date of general election.
May have certain requirements under a court order.
11/6/2018
Texas Secretary of State

5. Texas Secretary of State
Type of Entity
Examples for Cities:
Type A
Type B
Type C
Home Rule
Examples of Water Districts:
Municipal Utility Districts
Water Improvement Districts
11/6/2018
Texas Secretary of State

6. Texas Secretary of State
Term Lengths
Determine the term lengths for your entity’s governing body.
Why is this important?
Assists in determining what offices will go on the ballot, and if an election needs to be called.
Assists in determining if a special election needs to be called.
Assists candidates in determining what positions will be on the ballot.
11/6/2018
Texas Secretary of State

7. Texas Secretary of State
Method of Election
Determine your political subdivision’s method of election.
Why is this important?
Allows the election to be ordered correctly.
Ensures that ballots are correct.
Allows candidates to know what positions will be on the ballot, and if they are eligible.
Avoids challenge to the election.
11/6/2018
Texas Secretary of State

8. Texas Secretary of State
Method of Election
Options:
Pure-at-Large
At-Large-By-Place/Position
Single Member District
Combination of At-Large and Single Member
Cumulative
11/6/2018
Texas Secretary of State

9. Texas Secretary of State
Pure at-Large
The candidates run as one group on the ballot.
All qualified voters in the political subdivision may vote in the race.
The top “vote-getters” win the number of positions available.
Generally, pure at-large is the “default” method of election for cities and school districts, and it takes an action by the governing body (or a court) to change method of election.
Special Law Districts have method of election set by enacting legislation.
11/6/2018
Texas Secretary of State

10. Texas Secretary of State
Pure at-Large
Example:
City of Longhorn
Type A City: 1 Mayor, 5 City Councilmembers
3 council positions expire in 2016
5 people submit applications and are accepted to be on the ballot
11/6/2018
Texas Secretary of State

11. Texas Secretary of State
Pure at-Large
Ballot: Results:
Election Results
May 7, 2016
Candidates Votes
Pluto 61
Minnie Mouse 122
Goofy 133
Mickey Mouse 71
Donald Duck 85
TOTAL 472
City of Longhorn
General Election
City Council
Vote for none, one, two, or three
Pluto
Minnie Mouse
Goofy
Mickey Mouse
Donald Duck
11/6/2018
Texas Secretary of State

12. Texas Secretary of State
Pure at-Large
Goofy, Donald Duck and Minnie Mouse all win a seat on the City of Longhorn’s City Council.
11/6/2018
Texas Secretary of State

13. At-Large By Place/Position
The candidates run in separate groups on the ballot for each available position.
All voters within political subdivision get to vote in all races.
It generally takes an act of the governing body or a court order to move to this type of method of election.
11/6/2018
Texas Secretary of State

14. At-Large By Place/Position
Example:
Bears ISD
Board of Trustees: 5 positions/places
Place 2 and Place 5 expire in 2016
3 people submit applications for Place 2
2 people submit applications for Place 5
11/6/2018
Texas Secretary of State

15. At-Large By Place/Position
Ballot Results
Election Results
May 6, 2017
Place 2
Candidates Votes
Owl 57
Winnie the Pooh 122
Eeyore 84
TOTAL 263
Place 5
Tigger 171
Roo 85
TOTAL 256
Bears Independent School District
General Election
Board of Trustees, Place 2
Owl
Winnie the Pooh
Eeyore
Board of Trustees, Place 5
Tigger
Roo
11/6/2018
Texas Secretary of State

16. At-Large By Place/Position
Winnie the Pooh wins Place 2
Tigger wins Place 5
11/6/2018
Texas Secretary of State

17. Texas Secretary of State
Poor Eeyore…
11/6/2018
Texas Secretary of State

18. Single Member District
The territory of the political subdivision is divided into districts, and candidates run in their district of residence.
ONLY voters within the district can vote.
It generally takes an act of the governing body or a court order to move to this type of method of election.
11/6/2018
Texas Secretary of State

19. Single Member District
Example:
City of Aggie
Home Rule City: 5 Single Member Districts
District 1 and District 3 positions expire in 2016
3 people submit applications for District 1
2 people submit applications for District 3
11/6/2018
Texas Secretary of State

20. Single Member District
Ballot Results
Election Results
May 6, 2017
District 1
Candidates Votes
Woody 125
Hamm 85
Jessie 175
TOTAL 385
District 3
Buzz Lightyear 101
Mr. Potato Head 192
TOTAL 293
City of Aggie
General Election
District 1
Woody
Hamm
Jessie
District 3
Buzz Lightyear
Mr. Potato Head
11/6/2018
Texas Secretary of State

21. Single Member District
Jessie wins District 1 Mr. Potato Head wins District 3
11/6/2018
Texas Secretary of State

22. Combination of At-Large & Single Member
Political subdivision is divided into single member districts where voters from that district elect a representative, but also elect at-large members.
Example:
Horned Toad ISD:
5 Single Member Trustee Districts
2 At-Large Positions
11/6/2018
Texas Secretary of State

23. Texas Secretary of State
Cumulative Voting
Candidates appear in one group on the ballot, voters cast as many votes as there are open seats and can put more than one vote on a preferred candidate.
RARE in Texas, but some school/college and special law districts use cumulative voting.
11/6/2018
Texas Secretary of State

24. Texas Secretary of State
Cumulative Voting
Roadrunner ISD
General Election
You may cast up to three votes. You may distribute your three votes in any way among the candidates: all three for one candidate, two for one and one for another, or for each of three candidates.
Happy
Sneezy
Sleepy
Grumpy
Dopey
If Roadrunner ISD has three board positions on the ballot, each voter will get 3 votes. The 3 candidates with the highest number of votes win the positions.
11/6/2018
Texas Secretary of State

25. Texas Secretary of State
Method of Election
If you don’t know your method of election:
Home-Rule Charters
Enacting legislation
Previous election records, including sample ballots
Newspapers articles
Historical DOJ submission files
Internal files – board records
Legal Files, including court orders
School district policy manual
11/6/2018
Texas Secretary of State

26. Texas Secretary of State
Vote Requirement
Determine your entity’s vote requirement.
Why is this important?
Helps determine the winners of the election.
Assists in tabulating/canvassing results and preparing for a potential runoff election or tie vote election if one is necessary.
11/6/2018
Texas Secretary of State

27. Texas Secretary of State
Vote Requirement
Plurality: A candidate must receive more votes than any other candidate for the office.
Tie Vote Second Election: If two or more candidates tie, must hold second election. (2.002)
Majority Vote: A candidate must receive more than 50% of the total vote.
Runoff Election: If no candidate received the vote necessary to be elected in an election requiring a majority vote, a runoff election is required. (2.021)
11/6/2018
Texas Secretary of State

28. Texas Secretary of State
Voting Systems
Determine what voting systems your entity will use in the upcoming election.
Why is this important?
Helps meet federal and state law requirements.
If you are exempt from requirements, must apply/notify SOS no later than 90th day before election.
Helps establish the cost of the election.
Helps determine contracting/joint election needs.
Helps establish what supplies will be needed.
Helps determine what kind of training you will need to provide to election judges/clerks.
11/6/2018
Texas Secretary of State

29. Texas Secretary of State
Voting Systems
Review what was used in your last election:
Hand counted paper ballots
Electronic Voting Systems:
Optical scan ballots
DREs
11/6/2018
Texas Secretary of State

30. Voting System Accessibility
Accessible voting system must comply with:
Section 504 of the federal Rehabilitation Act of 1973;
Title II of the federal Americans with Disabilities Act; and,
52 U.S.C. Section 21081(a)(3)
11/6/2018
Texas Secretary of State Elections Division

31. Accessible Voting System Exemption
If an election without a federal office on the ballot; and
Located in county population of under 20,000 ↓
May qualify for an exemption or undue burden status.
December 2014
Texas Secretary of State Elections Division

32. Texas Secretary of State Elections Division
Population less than 2,000
Exempt from the accessible voting system requirement.
Reasonable accommodation:
A voter may request by the 21st day before election day.
11/6/2018
Texas Secretary of State Elections Division

33. Texas Secretary of State Elections Division
Population 2,000 – 5,000
Must provide at least one accessible electronic voting system on election day.
Location of accessible voting system:
Recommend – at the early voting clerk’s office (if more than one EV location).
11/6/2018
Texas Secretary of State Elections Division

34. Texas Secretary of State Elections Division
Population 5,000 – 10,000
Must provide one accessible electronic voting system on election day AND early voting period.
Location of accessible voting system:
Early voting period – at the early voting clerk’s office (if more than one EV location).
Election day – at the main early voting polling place.
11/6/2018
Texas Secretary of State Elections Division

35. Texas Secretary of State Elections Division
Exemption
Notice & Publication Requirement
Written notice to SOS
No later than 90 days before election day
Newspaper publication (Population 1,000-10,000)
No later than 15 days before start of early voting
Newspaper – general circulation
11/6/2018
Texas Secretary of State Elections Division

36. Texas Secretary of State Elections Division
Population of 10,000 – 20,000
Application of Undue Burden Status
show that compliance would cause undue burden due to:
Increased in costs by at least 25% as compared with last general election held before January 1, 2006
Deadline – 90th day before election day.
11/6/2018
Texas Secretary of State Elections Division

37. Texas Secretary of State Elections Division
Population of 10,000 – 20,000
May provide fewer accessible voting systems IF comply with the following:.
Submit an application of undue burden status
Submit application to SOS, no later than 90th day before election day
11/6/2018
Texas Secretary of State Elections Division

38. Texas Secretary of State Elections Division
Population of 10,000 – 20,000
IF SOS approves – entity must:
Provide at least one accessible voting system during early voting period AND election day
Branch EV locations – provide one mobile accessible voting system
least once to each branch location
Newspaper Publication
11/6/2018
Texas Secretary of State Elections Division

39. Political Subdivisions - in more than one county
Fall into one of the 4 categories, you choose to be considered either:
being located in the county that contains the greatest # of registered voters of the subdivision; or
for each portion of the subdivision located in a different county to be considered as a separate subdivision
11/6/2018
Texas Secretary of State Elections Division

40. Texas Secretary of State
Election Workers
Estimate the number of election workers you will need and how to locate workers.
Why is this important?
Ensures that you have enough people to work the election. (EVBB can consist of workers.)
Ensures compliance with state and federal law regarding bilingual election clerks.
11/6/2018
Texas Secretary of State

41. Texas Secretary of State
Election Workers
Recommendations for locating election workers:
Review internal files on past elections.
Consult with county election officer.
Determine if you will be entering a contract or joint election agreement and who will handle finding workers.
Consult with community organizations.
Contact high schools regarding appointment of student clerks.
11/6/2018
Texas Secretary of State

42. Texas Secretary of State
Contracting
Determine if your entity will be entering a contract for the election.
Why is this important?
Some entities MUST enter a joint election agreement.
If you intend to contract with the county or lease equipment from the county, they need to know in advance in order to plan properly.
Allows you to plan properly and helps determine costs.
11/6/2018
Texas Secretary of State

43. List of Registered Voters
Talk to your county voter registrar to see if your political subdivision’s information is the most up-to-date.
Why is this important?
Ensures correct list of registered voters can be provided by Voter Registrar(s).
Ensures voters get the correct ballot, and ensure voters that are registered are allowed to vote.
Avoids challenge to the election.
11/6/2018
Texas Secretary of State

44. List of Registered Voters
The County Voter Registrar will prepare the list upon request.
If the list is to include voters from county election precincts partly located in your entity’s territory, you must include a map of the boundaries.
The map must be sufficient in detail to allow the registrar to prepare the list.
The map must be provided with enough time to allow the registrar to prepare the list. [18.001]
11/6/2018
Texas Secretary of State

45. List of Registered Voters
Review information with your voter registrar especially if your political subdivision has:
Recently been created
Recently been incorporated
Annexed land
Redistricted
Changed to single member districts for method of election
11/6/2018
Texas Secretary of State

46. Texas Secretary of State
Polling Places
Start to determine location of polling places that you will use for early voting and election day.
Why is this important?
Allows you to work with building owner schedules, e.g. community center.
Allows you to work out cost if there are charges.
Ensures compliance with state and federal law on accessibility.
Ensures that you will have your polling places.
11/6/2018
Texas Secretary of State

47. Texas Secretary of State
Supplies
Order supplies ahead of time.
Why is this important?
Allows you to be prepared for voting by mail, early voting and election day.
Helps determine costs.
Ensures ballots go out on time.
Be sure to allow time to proof ballots.
11/6/2018
Texas Secretary of State

48. Texas Secretary of State
Odds & Ends
Texas Attorney General
Public Information
Open Meetings
11/6/2018
Texas Secretary of State

49. Texas Secretary of State
Resources
Calendar
Glossary/Acronym List
Online Outlines:
Cancellation
Local Option Outline
Joint Elections
Handbooks
11/6/2018
Texas Secretary of State

50. Texas Secretary of State
SOS Contact Information
Election Official Toll-Free Line:
Option 2 = Legal
Option 5 = Special Projects (Seminars)
SOS Address:
SOS Website:
11/6/2018
Texas Secretary of State