Texas Secretary of State Elections Division

Texas Secretary of State Elections Division
11/20/2018 Early Voting by Mail 27th ANNUAL ELECTION LAW SEMINAR For Cities, School, and Other Political Subdivisions Caroline Geppert December 2015 11/20/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

TOPICS COVERED Who can vote by mail? NEW – Annual ABBMs Submission of ABBM. Accepting and Rejecting ABBMs New - List of Annual ABBM Voters Mailing balloting materials to voter. Receiving and securing the ballot by mail. Public Information/Open Records 11/20/2018 Texas Secretary of State Elections Division

WHO CAN VOTE BY MAIL? 65 or older on Election Day Annual ABBM Voter With a Disability Absent from County during Early Voting and on Election Day Confined in Jail In Address Confidentiality Program 11/20/2018 Texas Secretary of State Elections Division

How to Vote By Mail Complete & Submit Official or Informal Application In writing Signed by applicant or witness NEW LAW – HB 1927 – A non-relative may only witness 1 Annual ABBM per year. Contain Applicant’s Name State Registered Residence Address Contain Address to which ballot to be mailed State Grounds for voting by mail Indicate Type and Date of Election 11/20/2018 Texas Secretary of State Elections Division

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. 11/20/2018 Texas Secretary of State

Voter With a Disability
Type Who Can Use? Application Delivery Filing Period Expiration Date Ballots Received Regular ABBM 65+ on Eday Voter With a Disability Absent from County during EV and EDay Confined in Jail In Address Confidentiality Program In person by voter, before early voting in person begins Regular Mail Common or Contract Carrier Fax NEW - January 1 of calendar year through 11th day before election day for which ballot is requested. Good for one election only (plus runoff if requested). Expires after the election for ballot was requested. OR Voter cancels ABBM. Ballot(s) for election(s) held by early voting clerk to whom application submitted (and runoff ballot, if requested). Annual ABBM Voter With a Disability Same as Regular ABBM January 1 of calendar year*+ *On or before 11th day before Eday, to receive ballot for that election +Up to 60 days before election held in January or February. December 31 OR Until: Voter cancels the ballot request Registration in county cancelled Voter registers in a new county All ballots for all elections held by all political subdivisions in the year in which submitted.+ FPCA Military Voter Outside Home Texas County U.S. Citizen Overseas (as long as have lived in the US) *If registered, on or before 11th day before Eday, to receive ballot for that election. If not registered but eligible to register, not later than 20th day before Eday. Same as Annual ABBM All ballots for all elections held by the county, city, or school district, in the year in which submitted.+

How to Submit an Application Filing Period- NEW LAW (HB 1927) First day to submit, for all ABBMs - January 1 Annual ABBMs – 60 days before January or February Election, good for following year Deadline is 11th day, unless weekend or holiday, in which case previous business day Deadline for May 7, 2016: Tuesday, April 26, 2016 Delivery In person by voter, before early voting in person begins Regular Mail Common or Contract Carrier Fax NEW LAW (HB 1927) delivery 11/20/2018 Texas Secretary of State Elections Division

Delivery of ABBM Voter may send COMPLETED, SIGNED, SCANNED ABBM via to address designated by EV Clerk EV Clerk designates address to be used Recommend including in Order and Notice of election, along with Office Hours of EV Clerk 11/20/2018 Texas Secretary of State Elections Division

Email Delivery of ABBM, cont.
Q. What if the voter sends the to an address in the political subdivision other than the designated one? A. Same as if faxed to different division: If an ed ABBM is forwarded to you by another division within your political subdivision, we recommend that you accept and process the ABBM, unless it is already election day. 11/20/2018 Texas Secretary of State Elections Division

Review of Application for Ballot by Mail Timeliness Proper Delivery (mail, common/contract carrier, fax, in person by voter, ) Correct Clerk (if not, forward) Registration Status (if on suspense, send SOR) Residence and Mailing Address/SOR Additional Considerations (outside county, disability, 65 or older) 11/20/2018 Texas Secretary of State Elections Division

Accepting Application Place in Jacket Envelope Place Voter’s name on Early Voting Roster Add voter’s name to precinct list of early voters Make notation on list of registered voters that voter was mailed a ballot 11/20/2018 Texas Secretary of State Elections Division

Rejecting Application Mail/otherwise deliver “Notice of Rejected Application for Ballot By Mail” NEW LAW (SB 1703) - Include new ABBM if original received on or before 18th day before election day Tuesday, April 19, 2016 for May 7, 2016 election Keep rejected application in file & attach copy of rejection notice 11/20/2018 Texas Secretary of State Elections Division

Cancelling Application Request must be In Writing (not verbal) Specify election (single-time cancellation, unless voter specifically requests cancellation of Annual ABBM) Be received by 3rd day before election day Exceptions for In-person cancellation NEW LAW (HB 1927) – In-person cancellation is for a single election only and does not cancel the Annual ABBM. 11/20/2018 Texas Secretary of State Elections Division

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. 11/20/2018 Texas Secretary of State

Pertinent Dates for List
Tuesday, March 8, 2016 (60th day before May 7, 2016 election day) - Recommended date for county to send initial List of Annual ABBM Voters to Political Subdivisions Tuesday, April 26, 2016 (11th day before May 7, 2016 election day) - Last day for county to deliver final List of Annual ABBM Voters 11/20/2018 Texas Secretary of State Elections Division

Texas Secretary of State
Contents of List Searchable document from County 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. 11/20/2018 Texas Secretary of State

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 that are having an election (for which the county is not serving as early voting clerk) Purpose: So 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. 11/20/2018 Texas Secretary of State

Forwarding of List & Scans/Copies of ABBMs
The county sends the List & ABBMs to: Every political subdivision that provides notice to the county under Section that it is having an election. Deadline to deliver notice to CC/VR - 60th day before election day: Tuesday March 6, 2016. Every political subdivision that orders an original or supplemental list of registered voters from the county voter registrar under Section or 11/20/2018 Texas Secretary of State

Forwarding of List & Scans/Copies of Annual ABBMS
List/ABBMs includes only those voters eligible to vote in that political subdivision. Political Subdivision must ensure that each voter on the List is indeed eligible to vote in the political subdivision’s election and to determine which ballot that individual should be sent. 11/20/2018 Texas Secretary of State

Forwarding of List & Scans/Copies of ABBMs
Work with the county to determine the method of sending List/ABBMs by mail, , fax, etc. Be consistent in the method The Election Division strongly recommends that the county and political subdivisions discuss the frequency and method for which these lists should be transmitted to ensure that ballots are sent out timely. 11/20/2018 Texas Secretary of State

Supplemental List After initial list, in time for next election, to show additions/changes to initial List It is also acceptable for the county to send a new full List to all entities for each election, rather than supplemental List. Work with your county on this procedure 11/20/2018 Texas Secretary of State

Maintenance of List What should you do with an Annual ABBM you receive directly from a voter? Keep the original Annual ABBM & send a copy to the county EV Clerk. County EV Clerk updates List as necessary. Be sure not to send multiple ballots to a voter who has submitted an you 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 and not “single-use” ABBM. 11/20/2018 Texas Secretary of State

Mail Balloting Materials to Voter Mail to the Voter: Ballot Ballot envelope Carrier Envelope List of declared write-in candidates SOR, if applicable Dear Voter Letter or other special Instructions Notice regarding postage Update “Roster for Early Voting by Mail” 11/20/2018 Texas Secretary of State Elections Division

Update “Roster for Early Voting by Mail”
To show ballot mailed to voter (and later, received back from voter). NOTE: We recommend that you create two rosters for your mail ballots—one for ballots that have been mailed but not returned and a separate list of ballots by mail that have been received. Neither roster should explicitly state that a voter on the list has submitted an Annual ABBM. 11/20/2018 Texas Secretary of State Elections Division

Deadline to Mail Ballots
For Military or Overseas Voters: NEW LAW (HB 2778) Mail ballots no later than the 45th day before election day: Ballots must be mailed by this date or the 7th day after the clerk receives the application. If the early voting clerk cannot meet this 45th-day deadline, the clerk must notify the Secretary of State within 24 hours. (Secs (b), ). 45 day Deadline to mail ballots for May 7, 2016: Wednesday, March 23, 2016 11/20/2018 Texas Secretary of State Elections Division

Deadline to Mail Ballots
For all Other Voters (not Military or Overseas): EV Clerk must mail the balloting materials not later than the 7th day after the later of: (1) the date the EV Clerk has accepted a voter’s application for a ballot by mail or (2) the date the ballots become available for mailing. However, if the 7th day falls earlier than the 45th day before election day, the voter’s mail ballot must be mailed no later than the 38th day before election day. (Sec (a)). 11/20/2018 Texas Secretary of State Elections Division

Assisting Voter In marking/reading ballot if physical disability/inability to read/mark ballot Assistant signs oath, states name/address Unlimited if comply with requirements Offenses Assistant does not provide name/address Compensation based on number of voters assisted Unlawful assistance To voter not eligible for assistance Prepares ballot other than voter directs Suggests how voter should vote Voter did not request assistance 11/20/2018 Texas Secretary of State Elections Division

Receiving Early Voting Ballot By Mail
Time of receipt – by 7:00 pm on election day unless coming from overseas (then, 5th day after election day) Submission/Delivery of Carrier Envelope Mail (EV Clerk must check mail box before end of day) Common or Contract Carrier NEW LAW – HB 1927: Hand-Delivery By Voter Delivered directly to EV Clerk’s Office By the Voter whose Ballot it is During the Hours Polls are Open on Election Day Voter Must Show Acceptable ID (and sign in) Cannot be done by Agent or Assistant Secure ballot just as you would a ballot delivered by any other method 11/20/2018 Texas Secretary of State Elections Division

Receiving Early Voting Ballot By Mail
Action on timely/properly returned ballots Open delivery envelope Place delivery envelope in jacket envelope More than one carrier in delivery envelope Registered at same address? Seal Jacket Envelope, keep in safe place, deliver to EVBB Update “Roster for Early Voting by Mail” to indicate ballot returned by voter. 11/20/2018 Texas Secretary of State Elections Division

Receiving Early Voting Ballot By Mail, cont.
Ballots not timely-returned (or treated as such) Improper delivery Possession of another person’s carrier envelope Enter time of receipt on carrier, retain carrier, preserve unopened carrier Deliver written notice to voter (voter may present notice and vote on election day) Defective Carrier timely returned E.g., voter fails to sign – (d) 11/20/2018 Texas Secretary of State Elections Division

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. 11/20/2018 Texas Secretary of State

Availability of EVBM Records
ABBM & Carrier Envelope Original and copies of the ABBM and carrier envelope are not available for public inspection until the first business day after the election. [Sec (b)] Annual ABBM is not available for public inspection (except to the applicant herself) until the first business day after the election day of the latest occurring election for which the application is submitted. 11/20/2018 Texas Secretary of State Elections Division

Availability of EVBM Records, cont.
EV Rosters Information on the early voting roster for a person to whom a ballot has been mailed is not available until the 1st business day after election day. [Sec (f)] Except to a voter seeking to verify the accuracy of his or her own ballot by mail. [Sec (f)] Except - name of a voter who voted by mail is available no later than the day following the day the early voting clerk receives the ballot. [Sec (h)] NOTE: We recommend that you create two rosters for your mail ballots—one for ballots that have been mailed but not returned and a separate list of ballots by mail that have been received. Neither roster should explicitly state that a voter on the list has submitted an Annual ABBM. 11/20/2018 Texas Secretary of State Elections Division

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. 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. 11/20/2018 Texas Secretary of State

Thank you! 11/20/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division

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