1. PREPARING FOR THE NOVEMBER 2015 ELECTION
Texas Secretary of State Elections Division
11/12/2018
PREPARING FOR THE NOVEMBER 2015 ELECTION
33rd ANNUAL ELECTION LAW SEMINAR
COUNTY ELECTION OFFICIALS
Abril Davila, Staff Attorney
Elections Division - Texas Secretary of State
33rd Annual Election Seminar | August – September 2015
11/12/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. Texas Secretary of State Elections Division
OVERVIEW
Calendar
Ballots
Statutory references are to the Texas Election Code unless otherwise noted.
11/12/2018
Texas Secretary of State Elections Division

3. Calendar (Go To Page ___)
Please fill in blank.
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Texas Secretary of State Elections Division

4. What Election(s) Are County Election Officials Preparing For?
Constitutional amendment election
Any election ordered by commissioners court, for example:
Local option (liquor) election;
Emergency services district creation election;
Election ordered by political subdivision (other than county), which county election officer contracts to conduct, or for which county and political subdivision agree to do joint election.
11/12/2018
Texas Secretary of State Elections Division

5. Texas Secretary of State Elections Division
By Now You Should Have . . .
Appoint county presiding and alternate judges (TEC, § ):
County Pop. Over 500,000: July 31, 2015.
County Pop. Under 500,000: August 31, 2015.
Decide whether to consolidate election precincts (TEC, §§ , )
Appoint county early voting ballot board judge and presiding and alternate central counting station judges. (TEC, §§ (b), (e))
Order lists of registered voters from county VR (TEC, § )
Appoint of central counting station personnel. (TEC, §§ )
NOTE: Political subdivision governing bodies need to approve judges. (TEC, §§ )
11/12/2018
Texas Secretary of State Elections Division

6. Texas Secretary of State Elections Division
Note on HB 2027
Sections and of the Code, as amended by HB 2027 (84th-Reg) provide that districts created under Section 52, Article III or Section 59, Article XVI of the Texas Constitution and located in a county or adjacent to a county of more than 3.3 million people must use county election precincts on the November uniform election date.
Therefore, all political subdivisions holding an election on the November uniform date must use county election precincts.
11/12/2018
Texas Secretary of State Elections Division

7. By Now You Should (Best Practice) . . .
Maintenance of voting equipment and central counting station tabulators.
Voting equipment allocation plan.
Conclude contract and joint election agreements.
Supplies.
Need to order.
Need to prepare.
Are the forms correct?
11/12/2018
Texas Secretary of State Elections Division

8. Texas Secretary of State Elections Division
POP QUIZ!
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Texas Secretary of State Elections Division

9. Texas Secretary of State Elections Division
Which of the Following Should You Be Doing in September for the November 3, 2015 Election?
Notified election law judges of their appointment;
Delivered an initial list of voters who submitted ABBM’s under TEC, § to the EV of any political subdivision holding a Nov. 3, 2015 election;
Conducted first test of automatic tabulating equipment and L&A test on precinct scanners and DREs;
Mailed ballots to military/overseas voters who submitted ballot request via FPCA;
E. ALL of the above.
11/12/2018
Texas Secretary of State Elections Division

10. Texas Secretary of State Elections Division
Which of the Following Should You Be Doing in September for the November 3, 2015 Election?
Notified election law judges of their appointment;
Delivered an initial list of voters who submitted ABBM’s under TEC, § to the EV of any political subdivision holding a Nov. 3, 2015 election;
Conducted first test of automatic tabulating equipment and L&A test on precinct scanners and DREs;
Mailed ballots to military/overseas voters who submitted ballot request via FPCA;
E. ALL of the above.
11/12/2018
Texas Secretary of State Elections Division

11. Supplies (Go To Page ___)
Please fill in blank.
11/12/2018
Texas Secretary of State Elections Division

12. Texas Secretary of State Elections Division
New Forms
These forms have been updated to reflect legislative changes that took place during 84th Legislative Session:
ABBM – new deadlines. You may strike through old form for minimum compliance.
Carrier Envelope – SOS has made helpful formatting changes.
11/12/2018
Texas Secretary of State Elections Division

13. Considerations for Finalizing the Ballot
If the ballot only includes these . .
statewide constitutional amendments; and
measures ordered by commissioner’s court.
Then . . .
Easier to finalize ballot.
11/12/2018
Texas Secretary of State Elections Division

14. Considerations for Finalizing the Ballot
If, in addition to the former items . .
You have contracted with a political subdivision holding elections for officers;
Then
Finalizing the ballot might take longer.
Because: SB 1703 (2015) amended TEC, § to provide for a longer period of time to order a special election to be held on the November uniform date.
11/12/2018
Texas Secretary of State Elections Division

15. Deadlines to Consider For Finalizing Ballot
8/29/2015 – Candidate withdrawal deadline (election ordered by 8/24/2015).
9/2/2015 – Candidate filing deadline (special election ordered by 8/25/2015).
09/24/2015 – Candidate filing deadline (special election ordered 8/26/2015-9/18/2015).
Contact our office if you need candidate withdrawal deadlines relating to special elections.
11/12/2018
Texas Secretary of State Elections Division

16. First Day to Accept ABBM? Texas Secretary of State Elections Division
Tuesday, September 1, 2015
Effective date of House Bill 1927 (2015), and first day to accept a regular application for ballot by mail for November 3, 2015 election.
11/12/2018
Texas Secretary of State Elections Division

17. Mandatory Office Hours
Monday, September 14, 2015 – Sunday, December 13, 2015 (50th day before election day – 40th day after election day)
Recommended if the only election is constitutional amendment election.
Mandatory if commissioners court orders special election.
11/12/2018
Texas Secretary of State Elections Division

18. Testing of Electronic Voting Equipment
Generally speaking, the same ballot programming generates both the mail ballots and the electronic ballots.
Therefore, we recommend that your logic and accuracy testing be completed before you send out mail ballots.
Remember: Notice of test must be published 48 hours before test occurs.
11/12/2018
Texas Secretary of State Elections Division

19. Deadline to Mail Ballots
Saturday, September 19, 2015
Deadline to mail ballots to military or overseas voters who submitted their ballot request via a federal postcard application (FPCA) or via a standard application for ballot by mail and indicated that they are outside the United States.
Ballots must be mailed by this date or the 7th day after the clerk receives the application. [TEC, § (b)]
11/12/2018
Texas Secretary of State Elections Division

20. Texas Secretary of State Elections Division
Notice of Election [TEC, §§ 4.002, 4.003, Texas Constitution Art. XVII]
September 4 – 26, 2015: Period during which SOS must publish a notice of constitutional amendment election.
October 13, 2015: Last date to post notice of election on bulletin board where notices of commissioners court meetings are posted.
11/12/2018
Texas Secretary of State Elections Division

21. Posting Proposed Amendments (Tex. Const. Art. XVII, § 1)
Election ordered by Governor;
County clerk (not the county election officer) must post full copy of constitutional amendments no later than Sunday, October 4, 2015.
11/12/2018
Texas Secretary of State Elections Division

22. Voter Registration Deadline
Monday, October 5, 2015 (29th day before election day)
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Texas Secretary of State Elections Division

23. Signature Verification Committee
Recommended date to order: Monday, October 5, 2015.
Petition process not available for constitutional amendment election (or for primary).
County election board appoints committee members for constitutional amendment election.
First day committee may meet: Wednesday, October 14, 2015.
11/12/2018
Texas Secretary of State Elections Division

24. Deadlines for Mail Ballot Applications
Monday, October 19, 2015:
Last day for a person to submit FPCA to get a full ballot if the person is not already a registered voter.
Deadline to receive an FPCA without a postmark. If an FPCA is received by this date without a postmark to prove mailing date, the early voting clerk will accept the FPCA and mail the applicant a full ballot.
11/12/2018
Texas Secretary of State Elections Division

25. Deadlines for Mail Ballot Applications
Friday, October 23, 2015:
Last day to receive ABBM or FPCA from a registered voter.
All applications to vote by mail must be received by the early voting clerk before the close of regular business or 12 noon, whichever is later.
11/12/2018
Texas Secretary of State Elections Division

26. Early-Voting-in-Person Period
Monday, October 19 – Friday, October, 30, 2015
Extended hours:
12 hours on last two days of early voting in person in counties with populations over 100,000 and in counties with populations under 100,000 if timely petitioned.
12 hours on two days for cities having elections.
11/12/2018
Texas Secretary of State Elections Division

27. Election Day! Tuesday, November 3, 2015
Polls open 7am-7pm
Early voting clerk office hours 7am-7pm
Voter registrar office hours 7 am-7pm
Must report precinct results of constitutional amendment election to SOS on election night.
11/12/2018
Texas Secretary of State Elections Division

28. Deadlines Related to Determination of Provisional Votes
Monday, November 9, 2015:
Deadline for VR to complete review of provisional ballots, and
Deadline for provisional voter to:
(1) present acceptable identification to county voter registrar;
(2) execute an affidavit relating to natural disaster or religious objection in presence of county;
(3) apply for and receive a disability exemption with the voter registrar;
or (4) present official document to the voter registrar to verify their identity.
11/12/2018
Texas Secretary of State Elections Division

29. Additional Post-Election Deadlines
Tuesday, November 10, 2015:
Deadline for custodian of election records or presiding judge of early voting ballot board to retrieve provisional ballot affidavits from registrar.
11/12/2018
Texas Secretary of State Elections Division

30. Additional Post-Election Deadlines – EVBB
Thursday, November 12, 2015:
Last day for early voting ballot board to convene to qualify and count any late ballots that were submitted from outside the United States and received by Monday, November 9, 2015.
Last day for early voting ballot board to convene to qualify and count any provisional ballots that have been reviewed by the voter registrar.
11/12/2018
Texas Secretary of State Elections Division

31. Texas Secretary of State Elections Division
Canvass
72 hours notice posted of canvass.
First day of local canvass period, Wednesday, November 11, 2015.
Last day of local canvass period, Monday, November 16, 2015.
County election officer must deliver officially-canvassed returns for constitutional amendment election to SOS within 24 hours of canvass. (We’re counting on you!)
11/12/2018
Texas Secretary of State Elections Division

32. State Canvass of Constitutional Amendment Election Results
State canvass period: Wednesday, November 18 – Monday, December 3, 2015.
Conducted by the Governor
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Texas Secretary of State Elections Division

33. Texas Secretary of State Elections Division
Any Other Deadlines
See the November Election Law calendar:
11/12/2018
Texas Secretary of State Elections Division

34. Ballots (Go To Page ___)
Please fill in blank.
11/12/2018
Texas Secretary of State Elections Division

35. Ballots, Ballots, Ballots!
Texas Secretary of State Elections Division
11/12/2018
Ballots, Ballots, Ballots!
Who prepares the ballot?
Where does the ballot language come from?
How Does Ballot drawing work?
What is the deadline by which ballot must be prepared?
How do I complete Ballot Certification?
Ballot correction
11/12/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

36. Texas Secretary of State Elections Division
11/12/2018
Ballot Preparation
No specific statutory deadline.
Ballots must be prepared, finalized, and tested in time for mail ballots to be mailed in compliance with TEC, § , UOCAVA, MOVE.
11/12/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

37. Who Prepares the Ballot? [TEC, § 52.002]
For an election ordered by the governor or a county authority, the county elections officer (e.g. county clerk, county elections administrator, or county tax assessor collector, as applicable);
For an election ordered by a city authority, the city secretary; and
For an election ordered by an authority of a political subdivision other than a county or city, the secretary of the subdivision's governing body or, if the governing body has no secretary, the governing body's presiding officer.
11/12/2018
Texas Secretary of State Elections Division

38. Ballot Language [TEC, §§ 52.031, 52.095]
Printed on white or light-colored paper, may not be the same as sample ballot
“Official Ballot” below designation and date of election
No requirement for ballot size, but type and font must be uniform
Ballots must be bilingual
Election to fill unexpired term must be designated on Ballot
Propositions must be printed on the ballot in the form of a single statement and may appear on the ballot only once. “For” and “Against” boxes are to the left of the proposition
11/12/2018
Texas Secretary of State Elections Division

39. Minimum Number of Paper Ballots
Texas Secretary of State Elections Division
11/12/2018
Minimum Number of Paper Ballots
Formula for calculating number of ballots to be ordered:
A x B* + C = D
Legend:
A = percentage of voter turnout in a precinct
B* = current number of registered voters in precinct
C = 25% of A x B
D = minimum number of ballots to be ordered
*REGISTERED VOTERS WHO APPEAR ON THE LIST WITH A "S" DESIGNATION DO NOT HAVE TO BE INCLUDED IN THE TOTAL NUMBER OF REGISTERED VOTERS IN THE PRECINCT.
Use figures from last like election (November 2013 Constitutional Amendment Election) to perform calculations.
11/12/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

40. Example of Ballot Calculation
Texas Secretary of State Elections Division
11/12/2018
Example of Ballot Calculation
Precinct 1
10% voter turnout.
There are currently 595 registered voters.
20 registered voters are designated with an "S" in precinct 1.
= 575
10% x 575 = 57
57 x 25% = 14
Therefore:
= 71 (minimum number of ballots to be ordered for precinct 1)
Note: This is a formula for the minimum number of ballots to be ordered. Local issues and circumstances may require that more ballots be ordered.
11/12/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

41. Ballot Format Requirements
Texas Secretary of State Elections Division
11/12/2018
Ballot Format Requirements
Nature of the election and date of the election must be printed at the top of the ballot.
“OFFICIAL BALLOT” must be printed in large letters on the ballot immediately below the designation and date of the election.
11/12/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

42. Texas Secretary of State Elections Division
11/12/2018
Ballot Correction
Occurs when mistake on ballot could affect the choice of the voter.
Three options for correcting a ballot:
Stickers,
Line out or otherwise obscure, or
Reprint.
Requirements for a Ballot Correction: ( , Election Code)
Notify SOS within 24 hours of decision.
Destruction of incorrect Ballots.
Make record of ballots destroyed.
Order new ballots beginning with ballot #1.
Mail corrected ballots to voters who have been mailed a ballot if time permits and the correction would affect the choice of the voter.
11/12/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

43. Name of Candidate on Ballot [TEC Chapter 52]
Texas Secretary of State Elections Division
11/12/2018
Name of Candidate on Ballot [TEC Chapter 52]
Basic Rule
given name or initials first, followed by a nickname, if any, followed by the surname (last name).
11/12/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

44. Name of Candidate on Ballot
Texas Secretary of State Elections Division
11/12/2018
Name of Candidate on Ballot
A candidate may use one or more of the following in combination with his or her surname:
given name or initials of given name; or
a contraction or familiar form of a given name by which the candidate is known.
a suffix such as “Sr.,” “Jr.,” or “2nd” may be used in combination with a candidate’s name.
11/12/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

45. Name of Candidate on Ballot
Texas Secretary of State Elections Division
11/12/2018
Name of Candidate on Ballot
Nickname Rules  
One unhyphenated word of not more than 10 letters.
Must have been commonly known by nickname for at least three years preceding the election.
Must execute an affidavit that the nickname complies with TEC, § (c) of the Election Code.
The SOS has included the nickname affidavit in the prescribed candidate application.
The nickname may be set off with ( ) or “ “.
The nickname may not have any political, economic, social or religious connotation or constitute a slogan.
11/12/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

46. Name of Candidate on Ballot
Texas Secretary of State Elections Division
11/12/2018
Name of Candidate on Ballot
Titles or designation of office, status, or position are generally prohibited.
Names of married woman or widows
Two candidates with same or similar names may use a title or description of not more than four words to distinguish themselves.
11/12/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division