Application through Cancellation PART I

Application through Cancellation PART I
Texas Secretary of State Elections Division 11/9/2018 Application through Cancellation PART I 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Great Resources: Texas Legislature Online (Search Feature) NVRA Voter Registration Related Forms 11/9/2018

Overview of Application Process
Texas Secretary of State Elections Division 11/9/2018 Overview of Application Process Applicant Submits Voter Registration Application to Voter Registrar Voter Registrar Reviews Application to determine if: The Application belongs to the county. If not, the registrar should forward to the correct county not later than the second day after the date the application is received (Sec (d)) NOTE: This includes DPS Applications 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Overview of Application Process
Texas Secretary of State Elections Division 11/9/2018 Overview of Application Process Voter Registrar Reviews Application to determine if: The application should be rejected The application is complete The registrar intends to challenge application Registrar registers complete applications with residential addresses belonging to the county. Registrar creates an Active Voter File for the Voter Record. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Types of Voter Registration Applications
Texas Secretary of State Elections Division 11/9/2018 Types of Voter Registration Applications General Application (Sec ) Uncommon variations Handwritten National Mail Voter Registration Electronic Application DPS Application (Sec ) FPCA constitutes an SC 91 application for registration. (Sec ) 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division
11/9/2018 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Types of Voter Registration Applications
Election related applications. Provisional Ballot (TAC Rule §81.175) Limited Ballot (Sec ) Statement of Residence (Sec ) Address Confirmation Response (Sec ) Application for Ballot by Mail does NOT constitute a voter registration application. 11/9/2018 Texas Secretary of State Elections Division

11/9/2018 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. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

11/9/2018 Application by Agent Sec Application by agent. (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 applicant’s voter registration. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Delivery of the Application
Texas Secretary of State Elections Division 11/9/2018 Delivery of the Application Sec Must be submitted to the registrar of the county in which the person resides. Must be submitted by personal delivery, by mail or by telephonic facsimile machine in accordance with Sections (d) and (d-2). Does not apply to participants of the Address Confidentiality Program 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Delivery of the Application
Texas Secretary of State Elections Division 11/9/2018 Delivery of the Application Sec NOTE: Faxed Applications - 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. Sec Volunteer deputy registrar shall deliver in person, or by personal delivery through another designated volunteer deputy. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

FAQ Delivery of the Application
What if a person walks in with a 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 also deliver applications. 11/9/2018 Texas Secretary of State Elections Division

What if a person walks in with the hard copy of the faxed voter registration? Can I accept it? Yes, but the date of in-person delivery will be the date used for the registration of the application. In order for the date of the faxed application to be held, 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) 11/9/2018 Texas Secretary of State Elections Division

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. 11/9/2018 Texas Secretary of State Elections Division

Registering a Voter Voter registrar reviews application Application is complete and submitted to TEAM for Registration Application is Complete but Voter Registrar Challenges Eligibility of applicant Application is Rejected Applicant is ineligible, Application is Rejected and Notice of Rejection is sent to applicant Application is Incomplete and Notice of Incomplete is sent to applicant 11/9/2018 Texas Secretary of State Elections Division

Action On Initial Application
Texas Secretary of State Elections Division 11/9/2018 Action On Initial Application Sec (a) The registrar shall review each submitted application for registration to determine whether it complies with Section and indicates that the applicant is eligible for registration. (b) The registrar shall make the determination not later than the seventh day after the date the application is submitted to the registrar. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

11/9/2018 Complete Application Application is complete and submitted to TEAM for Registration. Voter passes Live Check and is registered Voter fails Live Check and is returned to County Create Active Application File for Voter Voter is sent back to County with reason for failure 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Active Application File
Texas Secretary of State Elections Division 11/9/2018 Active Application File “Active” – is used to describe records that are currently valid and/or effective. When referring to voter records, this includes voters in a suspense status. Section : Active application file This file contains the approved registration applications of the registered voters of the county. Records are retained in this file as long as the voter’s registration is effective. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Active Application File
Texas Secretary of State Elections Division 11/9/2018 Active Application File Section Cont.: Active application file This file shall be maintained in alphabetical order by voter name on a countywide basis, or, if the registrar does not wish to maintain a list of registered voters in alphabetical order by voter name, then the list may be maintained in numerical order by registration number on a countywide basis. As a general rule of thumb, any action being taken to change or alter a person’s voter information should be retained with the application file. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

LIVE CHECK Deceased Check TDL/ID Check SSN Check Note: Matching records are identified outside of the Live Check Process. 11/9/2018 Texas Secretary of State Elections Division

Information used during Registration
Under Section , Election Code, deceased information is reported by: Local Registrars of Death (16.001(a)) Clerk of the Court (16.001(b)) Bureau of Vital Statistics (16.001(c)) Social Security Administration (16.001(d)) Deceased Information is the only data retained for use in the Live Check process 11/9/2018 Texas Secretary of State Elections Division

Live Check Verification – Deceased
Texas Secretary of State Elections Division 11/9/2018 Live Check Verification – Deceased DECEASED CHECK If the individual strong matches against deceased information provided by entities reporting deceased information under , then the county will receive the failure back Online Counties receive a notice of Challenge Offline counties receive notification in the Voter Export. Strong Deceased Criteria - Last Name, SSN (9 digit) and DOB 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Live Check Verification – Deceased
Texas Secretary of State Elections Division 11/9/2018 Live Check Verification – Deceased DECEASED CHECK A Notice of Challenge should be sent to the applicant pursuant to Section The applicant then has 10 days to request a hearing from the date of the challenge. If the hearing shows the person should be registered, then the county would process the voter through – bypassing Live Check. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Live Check Verification - DPS
Texas Secretary of State Elections Division 11/9/2018 Live Check Verification - DPS For those records that fail the DPS live check verification, notification is sent to the counties Online Counties receive a notice of Incomplete on their Dashboard Offline counties receive notification in the Voter Export. (A file will post to the County Data Website for each applicable county nightly) Each record returned includes both the voter’s record and the corresponding information from the DPS, driver/ID file. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/9/2018 Live Check Verification - DPS The three fields used to match against DPS to confirm verification are: TDL/ID Number Last/Former Name Date of Birth A majority of the verification failures are a result of name mismatches; some clearly a result of typographical errors. A county can use this information to confirm the accuracy of the data entry work before sending the applicant a Notice of Incomplete. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/9/2018 Live Check Verification - DPS If you find that there was a clerical error of some information, correct and resubmit for verification. If the voter responds within 10 days confirming the Identification submitted with the application, then the county would process the voter through – bypassing Live Check. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/9/2018 Live Check Verification - DPS Question: If a person fails live check due to hyphenated last name, and the registrar looks at the failure can see that is the reason, and that is the only reason, should they issue a Notice of Incomplete or Register the voter? Answer: The registrar should go ahead and register the voter. Because TDL failures return information surrounding the reason for failure, and the registrar can obviously see that the person is the same individual – Same TDL, Same DOB, and the Same Last Name (with the exception being an additional hyphenated portion of the last name on either the registration or DPS record), then the registrar has verified with the Secretary of State the TDL/ID issued by DPS. (Sec , TEC) 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/9/2018 Live Check Verification - DPS Question: If a person fails live check due to hyphenated last name, and the registrar looks at the failure can see that is the reason, and that is the only reason, should they issue a Notice of Incomplete or Register the voter? Answer: Example. It should be noted that the same recommendation would be given in a scenario in which DPS has inadvertently listed a suffix as part of the last name (provided TDL and DOB match). Example: Smith Jr. Registrar has DPS Shows LAS NAME Smith Smith-Jones or Jones-Smith TDL/ID DOB 01/01/1980 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/9/2018 Live Check Verification - DPS Question: If a person fails live check due to hyphenated last name, and the registrar looks at the failure can see that is the reason, and that is the only reason, should they issue a Notice of Incomplete or Register the voter? Answer: Note that if any of the three required fields – Last Name (other than the hyphenated or typo scenarios), TDL/ID, or DOB do not match, then the registrar should send a Notice of Incomplete. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Live Check Verification – SSN
Texas Secretary of State Elections Division 11/9/2018 Live Check Verification – SSN SSN VERIFICATION If the individual provides a Social Security Number, then the information is verified by comparing Name, Date of Birth and SSN to the information maintained by the Social Security Administration. This information is sent out through a web service and as such does not produce a rejection file for the voter registrar to compare results against. Online Counties receive a notice of Incomplete on their Dashboard Offline counties receive an notification in the Voter Export. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Incomplete Application
Texas Secretary of State Elections Division 11/9/2018 Incomplete Application Application is Incomplete and Notice of Incomplete is sent Completed application is not returned within 10 day time period Completed Application is returned and submitted to TEAM for Registration Voter Registrar Rejects Application Voter passes Live Check & is registered Voter fails Live Check and is returned to County 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

11/9/2018 Incomplete 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). The determination that an application is incomplete may be determined by: The registrar identifying information is missing from the application, or The Secretary of State through the Live Check Process. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

An Application is Incomplete when the application does not
Texas Secretary of State Elections Division 11/9/2018 An Application is Incomplete when the application does not Indicate applicant is a U.S. citizen The yes checkbox must be completed. Signing the form is not enough. Provide First and Last Name Provide the applicant’s full Date of Birth Provide a concise description of the applicant’s residential location If a Parcel address is provided, then a mailing address must be included 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/9/2018 An Application is Incomplete when the application does not Include either a Driver License/ID Number, Social Security Number or check mark the box that the applicant does not have either NOTE: You cannot ask for a Driver License Number if the applicant has entered the Social Security Number or indicated the Applicant does not have either. NOTE: You cannot ask the applicant to complete both the Driver License Number and the Social Security Information. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/9/2018 An Application is Incomplete when the application does not Contain the signature of the applicant or agent. Provide the relationship of agent to applicant (if applicable) Contain all the requirements outlined in Section because the applicant used an old voter registration application. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Supplementation of Initial Application
Texas Secretary of State Elections Division 11/9/2018 Supplementation of Initial Application 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). Use Original Registration Date: 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. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/9/2018 Supplementation of Initial Application 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). Live Check failures with the same TDL or SSN number: Register the applicant using bypass Live Check. 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. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/9/2018 Supplementation of Initial Application 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 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. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/9/2018 Supplementation of Initial Application If a registrar receives an 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 voter’s address is not current, a notice of confirmation & address confirmation response form can be sent to the voter. Sec 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Question & Answer QUESTION: What is the difference between “ID-confirmed” and “Bypass Live Check”, and how/when should each be used? 11/9/2018 Texas Secretary of State Elections Division

Question & Answer ANSWER: Identity Confirmed tells the system to insert the voter without making the voter go through LiveCheck because the voter registrar has already confirmed the identity of the individual. This is used when a voter comes in person and presents an acceptable form of identification to show they are, in fact, the person attempting to register to vote. The voter would be registered, and would NOT go on the OLRV as an ID Required Voter. 11/9/2018 Texas Secretary of State Elections Division

Question & Answer ANSWER: Bypass Check tells the system to insert the voter without making the voter go through LiveCheck. The purpose of this field is in the instance where a voter record has previously failed the live check verification process, the county followed protocol by sending the notice of incomplete, and the applicant responded with ‘no change.’ The voter would be registered, but would go on the OLRV as an ID Required Voter. 11/9/2018 Texas Secretary of State Elections Division

11/9/2018 Reject an 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. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

11/9/2018 Reject an Application Section (c) gives the basis for rejecting an application. An Application may be rejected when the applicant: Is underage Is not a United States Citizen Does not reside within the county Provides incomplete information without providing supplemental information Is determined to be ineligible after a Hearing on a Challenge has been held 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Inactive Application File
Texas Secretary of State Elections Division 11/9/2018 Inactive Application File “Inactive” – is used to describe records that are no longer valid and/or effective due to expiration, termination or cancellation. Section : Inactive application file There are two types of inactive application files, which must be maintained as separate files: Rejected registration applications – this file contains the rejected registration application of applicants for registration in the county. Cancelled voter applications 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/9/2018 Inactive Application File Section Cont.: Inactive application file Each file must be maintained in alphabetical order by applicant or voter name on a countywide basis. Records are retained in these files for two years after the date of rejection or cancellation. 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/9/2018 Inactive Application File Rejected registration applications This file should contain the applicant’s original voter registration application. If the applicant is rejected as part of a challenge, then the written determination of challenge is retained with this file. (Section ) The registrar should enter the date of and the reason for the rejection on the application. (Section ) 11/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Challenge of Application
Application is Complete but Voter Registrar Challenges Eligibility of applicant. After the hearing or the appropriate time frame has elapsed. Application is complete and submitted to TEAM for Registration Voter Registrar Rejects Application Voter passes Live Check & is registered Voter fails Live Check and is returned to County 11/9/2018 Texas Secretary of State Elections Division

Thank You! 11/9/2018 Texas Secretary of State Elections Division

Application through Cancellation PART I

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Application through Cancellation PART I

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