1. Texas Secretary of State Elections Division
11/15/2018
Annual ABBMs
Election Law Seminar
for
County Officials
August 2015
Presented by:
Caroline Geppert
11/15/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. Texas Secretary of State
Headline News:
HB 1927 (84th Legislature) MANY changes to Annual ABBM procedures.
See By Mail Outline in Seminar Manual for Full Story
Topics in this talk:
Overview of Annual ABBM
Annual ABBM filing periods (84.007, )
Submission of Annual ABBM ( )
Witness Restriction (84.004(a))
Cancellation of Annual ABBM (84.032, )
List of Annual ABBM Voters ( )
Photocopies/Scans of Annual ABBMs from County to Political Subdivision
Record Keeping/Open Records
11/15/2018
Texas Secretary of State

3. Texas Secretary of State
Sec ANNUAL BALLOTS BY MAIL [APPLYING FOR MORE THAN ONE ELECTION IN SAME APPLICATION]. (a) This section applies only to an application for a ballot to be voted by mail that: (1) indicates [is submitted to the county clerk indicating] the ground of eligibility is age or disability; and (2) does not specify the election for which a ballot is requested or has been marked by the applicant as an application for more than one election. (b) An application described by Subsection (a) is considered to be an application for a ballot for each election, including any ensuing runoff [in which the county clerk serves as early voting clerk and]: (1) in which the applicant is eligible to vote; and (2) that occurs before the earlier of: (A) except as provided by Subsection (b-2), the end of the calendar year in which the application was submitted; [or] (B) the date the county clerk receives notice from the voter registrar under Subsection (f) [(d)] that the voter has changed residence to another county; or (C) the date the voter's registration is canceled [submitted a change in registration information]. (b-1) An application submitted under this section must be submitted before the close of regular business in the early voting clerk's office or 12 noon, whichever is later, on the 11th day before election day unless that day is a Saturday, Sunday, or legal state or national holiday, in which case the last day is the first preceding regular business day. (b-2) An application is considered to be submitted in the following calendar year for purposes of this section if: (1) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and (2) the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (c) In an election of a political subdivision located in a county in which the county clerk is not the early voting clerk, the county clerk shall provide the early voting clerk of the political subdivision that is holding the election a list of voters in the portion of the political subdivision located in the county who have ballot applications on file under this section. The early voting clerk shall provide a ballot to be voted by mail to each voter on the list. (d) The secretary of state shall provide a method by which counties and political subdivisions located in the county can exchange and update information on applications received under this section. (e) An application described by Subsection (a) shall be preserved for the period for preserving the precinct election records for the last election for which the application is effective. (f) [(d)] The voter registrar shall notify the county clerk when a voter's voter registration has been canceled or a voter's address or name has changed [following the receipt of a notice of a change in registration information under Section ]. The county clerk must update any list of voters who have ballot applications on file under this section based on the information received from the voter registrar. A voter's ballot application on file under this section may not be canceled if a correction in registration information for the voter is a change of address within the county in which the voter is registered or a change of the voter's name.
11/15/2018
Texas Secretary of State

4. Voter Qualifications for Annual ABBM Texas Secretary of State
Q: Who may apply for an Annual ABBM?
A: Only voters that are voting by mail on the grounds of age or disability may submit an Annual ABBM. If a voter is voting by mail due to confinement in jail or an absence from the county during the election period, the voter may only submit an ABBM for a single election. [§ (a)(1)]
11/15/2018
Texas Secretary of State

5. Texas Secretary of State
Submittal Period and Length of Validity
Q: When may a voter that qualifies for an Annual ABBM submit their application?
A: NEW LAW: ABBMs may be submitted any time in the Calendar Year, until the deadline to apply, the 11th day before election day (or preceding business day if 11th day is weekend or holiday). HB 1927 deleted 60-day rule for ALL ABBM’s
But see exception, noted below.
Q: How long is the Annual ABBM valid?
A: NEW LAW: The Annual ABBM is valid from the time the Early Voting Clerk receives it until the end of the calendar year or until the voter explicitly cancels the Annual ABBM, the voter’s registration in the county has been cancelled, or the voter has registered in a new county. [§§84.032, (f)]. More on cancellation later.
EXCEPTION under NEW LAW: Like FPCA, Annual ABBM considered submitted in the following calendar year if applicant is eligible to vote in an election to be held in January or February of the next calendar year, and Annual ABBM is submitted not earlier than the 60th day before the date of the January or February election.
Example: Annual ABBM submitted 12/1/15 for election held 1/9/16, good for all of 2016.
11/15/2018
Texas Secretary of State

6. Submission of Annual ABBM
Q: To whom may the voter submit an Annual ABBM?
A: NEW LAW. An Annual ABBM may now be submitted to the early voting clerk of ANY political subdivision, not just to the county early voting clerk. See Sec (a), as amended. Thus a voter may submit a single Annual ABBM and receive ballots for all elections held by all entities in which the voter is eligible to vote in that calendar year.
11/15/2018
Texas Secretary of State

7. Processing Annual ABBM by EV Clerk
Q: What if a voter does not check any boxes in Box 6a OR voter clearly requests an “Annual ABBM” but does not specify which party’s primary ballot they wish to receive?
A1: ABBM that does not indicate any election treated like Annual ABBM for 65+ or voter with a disability.
A2. If voter did not select which party’s ballot they would like to receive, the application should be rejected for purposes of the primary election, but retained and considered an Annual ABBM for other elections held by the Early Voting Clerk that year.
EV Clerk should send voter Notice that the ABBM was rejected for purposes of the primary and/or primary runoff election as no party was indicated, and if the voter wishes to vote by mail in (either or both of) those elections, the voter may submit a new ABBM. See form AW5-16, option 9.
11/15/2018
Texas Secretary of State

8. Processing Annual ABBM by EV Clerk, cont.
What if a voter who is eligible for an Annual ABBM sends in multiple applications for a ballot by mail. The first one has only one boxed checked for “Democratic Primary,” and the second application has only one boxed check for “Republican Primary” (or vice versa).
Answer: In the case where the voter provides two applications with different primaries checked, the second application for ballot by mail will cancel the first application. A letter may be sent to the voter informing them of this action.
11/15/2018
Texas Secretary of State

9. Processing an Annual ABBM by VR
VR is tasked with informing the County EV Clerk when a voter is cancelled or voter’s name or address has changed.
Q: How should VR notify the County EV Clerk of changes in registration that may cancel an Annual ABBM?
A: Before every election, the VR should provide an updated List of Registered Voters to the EV Clerk. The EV Clerk should compare the list of Annual ABBM voters to the List of Registered Voters, and work with the VR to resolve any discrepancies.
As a best practice, for those counties without and EA, we encourage the County EV Clerk and the VR to stay in touch in an effort to apprise each other of new information concerning voters so that both the List of Registered Voters and the List of Annual ABBM Voters are kept as accurate as possible
11/15/2018
Texas Secretary of State

10. Cancellation of Annual ABBMs
Q: When a voter submits new registration information, will they need to re-submit their Annual ABBM?
A: NEW LAW - Only if the voter is registering in a new county. Per changes made to § HB 1927, the Annual ABBM is NOT cancelled when voter moves within the county, makes a name change, or makes any other changes to their voter registration that does not result in the voter being cancelled in the county.
11/15/2018
Texas Secretary of State

11. Texas Secretary of State
Section Cancellation
Cancellation of Annual ABBM for Remainder of Year, under Section (a)
Voter may send a written, signed communication (in person or by mail, fax, or a signed, scanned, and ed letter) to the appropriate EV Clerk specifically requesting that their Annual ABBM be cancelled.
Serves to cancel the Annual ABBM for the remainder of the year
This would also cause the county early voting clerk to update the List of Annual ABBM Voters, to remove that voter from the list
NEW LAW
Section CANCELLATION EFFECTIVE FOR SINGLE ELECTION. The cancellation of an application for a ballot to be voted by mail under Section (c), (d), or (e) is effective for a single ballot only and does not cancel the application with respect to a subsequent election, including a subsequent election to which the same application applies under Section (e) or (b).
11/15/2018
Texas Secretary of State

12. Single-Time, In-Person Cancellation Under Section 84.032(c)
Cancelling on or after 3rd day before election, voter must:
Appear in person to EV Clerk at EV Clerk’s Office,
Complete “Request to Cancel Application for Ballot by Mail” form, and
Return the by mail ballot to the EV Clerk OR execute Affidavit that the voter did not receive the ballot by mail.
Voter receives copy of Request to Request to Cancel Application for Ballot by Mail form.
Voter may vote a regular ballot at the polling place after showing a copy of the form to the election day judge. Sec (c).
11/15/2018
Texas Secretary of State

13. Single-Time, In-Person Cancellation under Section 84.032(d)
Cancellation during the early voting period at early voting polling place OR on election day at election day polling place, voter must:
Appear in person at the early voting or election day polling place,
Complete “Request to Cancel Application for Ballot by Mail” form, and
Return the by mail ballot OR Present a Notice of Improper Delivery to the election official.
The voter may proceed to vote a regular ballot in the polling place.
11/15/2018
Texas Secretary of State

14. Single-Time, In-Person Cancellation Under Section 84.032(e)
Cancellation after by-mail ballot was returned to early voting clerk but BEFORE ballot has been delivered to the early voting ballot board, voter must:
Appear in person to EV Clerk at EV Clerk’s Office,
Complete “Request to Cancel Application for Ballot by Mail” form, and,
Execute Affidavit that the voter did not mark the ballot.
Voter receives copy of Request to Request to Cancel Application for Ballot by Mail form.
Voter may vote a regular ballot after showing a copy of the form to the early voting or election day judge.
11/15/2018
Texas Secretary of State

15. Cancellation after Voting Provisionally
Under the changes made by HB 1927, if a voter votes provisionally in a given election due to a by-mail ballot issue (Sec (a-1)), this will not have the effect of cancelling the Annual ABBM, but rather will be viewed as a cancellation for a single election only.
Section (a-1):
A person to whom the early voting clerk was required to provide an early voting ballot by mail under Section and who did not vote early by mail may cast a provisional ballot on election day if the person executes an affidavit stating that the person:
(1) is a registered voter in the precinct in which the person seeks to vote; and
(2) did not vote early by mail.
11/15/2018
Texas Secretary of State

16. Forwarding Annual ABBMs– NEW LAW
County EV Clerk required to create and maintain a list of all the voters who have submitted Annual ABBMs with the County.
“List of Annual ABBM Voters”
County must forward List to all Political Subdivisions in the County that:
Are having an election
For whom the county is NOT serving as the early voting clerk by law, by contract, or through a joint election agreement.
NOTE - List and Forwarding procedure only apply to applicants for Annual ABBMs, not “single use” ABBMs.
Does not apply to FPCA – different forwarding rule.
11/15/2018
Texas Secretary of State

17. Texas Secretary of State
Contents of List
Searchable document should contain:
Voter’s name
VUID number
County election precinct
Residence address as shown on the Annual ABBM
Address for ballot to be mailed as shown on the Annual ABBM (if different from the residence address)
Date voter’s name entered/updated on the list by the County
Date the voter’s name was submitted to the political subdivision
Political subdivisions in which the voter is eligible to vote
List need not show reason voter is applying to vote by mail
Only reason voter is List of Annual ABBM Voter is due to Age or Disability.
11/15/2018
Texas Secretary of State

18. Scans/Photocopies of Annual ABBMs
County early voting clerk must ALSO forward copies of the actual Annual ABBMs to the political subdivisions in which the voter is eligible to vote and that are having an election (for which the county is not serving as early voting clerk), so that the Early Voting Ballot Boards (EVBBs) of those entities will have signatures from the Annual ABBMs to compare to the signatures on the carrier envelopes returned to the political subdivision.
The scan or photocopy of the original Annual ABBM must be ed/mailed/couriered/faxed to the political subdivisions.
11/15/2018
Texas Secretary of State

19. Forwarding of List & Scans/Copies of Annual ABBMS
List/ABBMs sent to each political subdivision for whom County is not EV Clerk must include only those voters eligible to vote in that political subdivision.
Does not relieve political subdivision from responsibility of ensuring that each voter on the list they receive from the county is indeed eligible to vote in the political subdivision’s election and to determine which ballot that individual should be sent. This includes making a determination whether a given voter is on the Suspense list and must be sent a Statement of Residence along with the balloting materials.
How is the county to determine which political subdivisions in which the voter is registered?
Obtain through the voter registrar/TEAM.
11/15/2018
Texas Secretary of State

20. Forwarding of List & Scans/Copies of Annual ABBMS, cont.
How does the county determine which political subdivisions should be receiving the list/ABBMs?
The county EV Clerk should send the List & ABBMs to every political subdivision that provides notice to the county under Section that it is having an election.
This notice must be delivered to the county clerk and voter registrar no later than the 60th day before election day.
The county EV Clerk should also send the List & ABBMs to every political subdivision that orders an original or supplemental list of registered voters from the county voter registrar under Section or
Best practice – VR informs County EV Clerk when it receives
such a request
11/15/2018
Texas Secretary of State

21. Forwarding of List & Scans/Copies of Annual ABBMS, cont.
You may choose the method of sending List/ABBMs
by mail, , fax, etc.
Be consistent in the method
Must send to Political Subdivision even if election held on a non-uniform, date but not if political subdivision cancels its election
11/15/2018
Texas Secretary of State

22. Timing of Forwarding of List
Recommend that the initial list be sent 60 days before the first uniform election day of the year in which a given political subdivision is holding an election.
Supplements be sent periodically, with a “final” list for a given election sent on the 11th day before election day (the deadline to file an ABBM), or as soon as possible thereafter.
Note that on the November 2015 Election Law Calendar, we recommend that the list be sent by the 50th day before election day, due to newness of law.
When the next uniform election date comes around, the county will either be sending supplemental lists (to those entities that have already received an initial list that year) or initial lists to those entities that have not yet held an election. It is also acceptable for the county to send a new full list to all entities for each election, rather than merely supplemental lists.
11/15/2018
Texas Secretary of State

23. Timing of Forwarding of Scanned/Copied Annual ABBMs
The copies of the Annual ABBMs must be sent before the meeting of the EVBB. The copies of the ABBMs may be sent in batches as soon as the EV clerk receives them or all at once
Final Set of Scanned/Copied Annual ABBMs must be sent as soon as possible after the 11th day before election day.
11/15/2018
Texas Secretary of State

24. Texas Secretary of State
Maintenance of List
Q. What happens if voter submits change of address (within the county), name change, or a voter is cancelled of the county’s list of registered voters?
A. The county must make all necessary adjustments to the List of Annual ABBM Voters to reflect such changes. The county must send updated or supplemental lists to political subdivisions before their elections if the initial list has changed (or a brand new list, as the county’s discretion). The county need not send a new copy of the Annual ABBM unless the voter himself submits a new one.
11/15/2018
Texas Secretary of State

25. Texas Secretary of State
Maintenance of List
Q. What should the political subdivision do with an Annual ABBM it receives directly from a voter?
A. HB 1927 requires SOS to develop a method by which counties and political subdivision may “exchange and update” information on Annual ABBMS.
Political Subdivision should keep the original Annual ABBM submitted by the voter and send a copy to the county EV Clerk. The county EV Clerk, as the authority responsible for keeping and maintaining the List of Annual ABBM Voters, should then determine whether this voter is already on the list, update the list with any new information that is provided on the Annual ABBM, or add the voter if she is not already on the list.
When the political subdivisions are ready to mail ballots for a given election, they should be sure that they are careful not to send multiple ballots to a voter who has submitted an Annual ABBM directly to the political subdivision and whose name also appears on the List of Annual ABBM Voters.
Forwarding by a political subdivision to a county applies only to Annual ABBMs. If a voter submits a “single-use” ABBM directly to a political subdivision, the political subdivision should not forward a copy to the county.
11/15/2018
Texas Secretary of State

26. Public Information Requests and Annual ABBMs
Q: When would an Annual ABBM become a public record? A: A copy of an Annual ABBM is not made public information until the first business day after the election day of the final election for which the application is valid (e.g., the last election in the calendar year). The originals of Annual ABBMs are not available until those materials are delivered to the general custodian of records after the election. [§ ] Q. What should an entity do if it receives an open records request for all s containing scanned Annual ABBMs sent by or received by that entity or for the list of Annual ABBM Voters? A. Under Section , scans or photocopies of the Annual ABBMS are protected from public inspection until the last (final) election in which they may be used. Early Voting Rosters of voters who have applied for a ballot by mail are protected under Section The List of Annual ABBM voters is not specifically protected under HB 1927, but we believe the List of Annual ABBM Voters should be protected under the spirit of Sections and NOTE: If you receive a PIR for s sent with scanned ABBMs or a copy of the list of Annual ABBM voters, we strongly suggest that you request an Open Records Decision from the Texas Attorney General’s office to see if you can withhold the list until the last election for which the Annual ABBM is effective.
11/15/2018
Texas Secretary of State

27. Texas Secretary of State
Questions?
11/15/2018
Texas Secretary of State