1. Texas Secretary of State Elections Division
11/21/2018
2015 Legislative Update
Keith Ingram, Director
17th Biennial Election Seminar – October 2015
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. Texas Secretary of State Elections Division
84th Texas Legislature
January 13, 2015 – June 1, 2015
11/21/2018
Texas Secretary of State Elections Division

3. Texas Secretary of State
Voter Registration
S.B. 795 (Perry): Requires SOS to participate in an interstate crosscheck program to prevent duplicate registration.
Effective: September 1, 2015.
11/21/2018
Texas Secretary of State

4. Volunteer Deputy Registrars
S.B. 142 (Garcia): Provides counties an optional method of training for VDRs. Instead of having in-person training, a county may allow a person to review SOS training and SOS examination materials online. The person must then appear at the VR’s office and take the exam during regular business hours.
Effective: Immediately (June 20, 2015)
11/21/2018
Texas Secretary of State

5. Volunteer Deputy Registrars
H.B. 621 (Lozano): Allows a VDR to be terminated if it is determined that the:
VDR intentionally destroyed or altered an application, or
VDR engaged in other conduct that conflicts with their duties as a VDR.
Effective: September 1, 2015.
11/21/2018
Texas Secretary of State

6. Obtaining Identification
S.B. 983 (Bettencourt): Clarifies that the legislative intent is not to impose a cost for obtaining certified records for the purpose of obtaining an election identification certificate. 
The state registrar, local registrar or county clerk smay not charge a fee for searching for or providing a record.
Local registers or county clerks may obtain the payment amount required by law from the state.
Effective: Immediately (May 27, 2015)
11/21/2018
Texas Secretary of State

7. Candidate Applications
H.B. 484 (Capriglione): Requires a candidate to be a registered voter from the territory of office sought in order to be eligible to hold the public office.  (Other than those with exclusive requirements.)
Excludes special purpose districts created under Section 52(b)(1) or (2), Article III and Section 59, Article XVI of the Texas Constitution.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State Elections Division

8. Texas Secretary of State Elections Division
ABBMs - Submittal
H.B (Bonnen, G.): Allows an ABBM (either regular or annual) to be submitted by . The must have a scanned application that contains the voter’s original signature. 
Effective September 1, 2015.
11/21/2018
Texas Secretary of State Elections Division

9. ABBMs – Time for Submittal
H.B (Bonnen, G.): Removes the requirement that an application for ballot by mail be submitted on or after the 60th day before election day.
Repeals the requirements that an application for ballot by mail for reason of confinement in jail be submitted not later than the 20th day before election day.
Provides that if an application for ballot by mail is not timely for the main election, it will be considered timely for any subsequent runoff election if it is received not later than the regular deadline for the runoff election.
Effective September 1, 2015.
11/21/2018
Texas Secretary of State

10. Texas Secretary of State
ABBMs - Deadline
H.B (Bonnen, G.): Provides that the deadline for submitting an application for ballot by mail is before the close of business or 12 noon, whichever is later, on the 11th day before election day.
Effective September 1, 2015.
11/21/2018
Texas Secretary of State

11. ABBMs – Defective Application
S.B (Huffman): If the early voting clerk receives a defective application for ballot by mail not later than the 18th day before election day, the early voting clerk shall mail a new application to the applicant.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

12. Texas Secretary of State
ABBMs - Cancellation
H.B (Bonnen, G.): Provides that a cancellation of an application for a ballot to be voted by mail is effective for a single election only, and does not cancel the application for a subsequent election.
This applies to both regular applications for election + runoff and to Annual ABBMs.
Effective: September 1, 2015.
11/21/2018
Texas Secretary of State

13. Texas Secretary of State
Annual ABBMs
H.B (Bonnen, G.):
Clarifies that a person commits a crime if they witness more than one Annual ABBM in a calendar year.
Clarifies that an Annual ABBM may be submitted at any time during the year, but must be timely submitted for the election they are seeking to vote.
Provides that the official application form for ballot by mail must include a space for the applicant to indicate if they are applying for an annual application.
Clarifies that if an application indicates the reason for a ballot to be voted by mail is on the grounds of age or disability, and the application does not specify the election for which the ballot is requested or has been marked by the applicant as an application for more than one election, it is an Annual ABBM.
Effective: September 1, 2015.
11/21/2018
Texas Secretary of State

14. Annual ABBMs – Cancellation
H.B (Bonnen, G.): An Annual ABBM is valid until the county clerk receives:
Notice that the voter has changed residences to another county, or
Notice that the voter’s registration has been cancelled.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

15. Annual ABBMs – Time for Submittal
H.B (Bonnen, G.): Provides that an Annual ABBM may be submitted in the preceding year for an election occurring in January or February of the next calendar, as long as the application is not submitted earlier than the 60th day before election day.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

16. Annual ABBMs – List of Annual ABBMs
H.B (Bonnen, G.): Requires that the county clerk provide a list of voters that have submitted an Annual ABBM to the political subdivisions in their county that are holding an election. 
In turn, the early voting clerk of the political subdivision shall provide a ballot to each voter on the list. 
The county and political subdivisions must exchange information to maintain an accurate list.
Effective: September 1, 2015.
11/21/2018
Texas Secretary of State

17. Texas Secretary of State
Voting by Mail
H.B (Bonnen, G.): Allows a voter to deliver their carrier envelope in person on election day to the early voting clerk’s office while the polls are open.  The voter must provide an acceptable form of ID for voting at the time of delivery.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

18. Texas Secretary of State Elections Division
FPCAs - Deadline
S.B (Huffman): Unifies deadline for FPCA with ABBM. Both are due before the close of business or 12 noon, whichever is later, on the 11th day before election day.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State Elections Division

19. Texas Secretary of State Elections Division
FPCAs
H.B (Elkins): Allows a military or overseas voter to receive their balloting materials via for any election in which the voter is eligible to vote.
By extension requires that all balloting materials be sent by the 45th day under for all elections in which the voter is eligible to vote – not just federal elections.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State Elections Division

20. Texas Secretary of State
FPCAs
S.B (Campbell): Expands the pilot program created last session to include additional counties as determined by SOS.
Only applies to return of ballots cast by military voters in a combat or hostile fire pay zone.
The program will end of September 1, 2017
Effective: Immediately (June 15, 2015)
11/21/2018
Texas Secretary of State

21. Texas Secretary of State Elections Division
Early Voting
H.B (Blanco): Provides that an election order and notice, providing the days and hours of early voting, including any Saturday or Sunday hours, must be posted:
on the website of the authority ordering the election, if the authority maintains a website, and
on the Secretary of State’s website for the primary or general election.
Effective: Immediately (June 19, 2015)
11/21/2018
Texas Secretary of State Elections Division

22. Early Voting Ballot Board
S.B. 383 (Uresti): Allows the by mail ballots in counties 100k+ to be delivered to the EVBB between the ninth day before the last day of early voting and the closing of polls on election day.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State Elections Division

23. Early Voting Ballot Board
S.B (Huffman): Unifies and extends the deadline for the EVBB to convene and count late ballots from overseas and provisional ballot at:
9th day after election day for primary and uniform elections
13th day after election day for general election for state and county officers
Effective: September 1, 2015
11/21/2018
Texas Secretary of State Elections Division

24. Texas Secretary of State Elections Division
Election Procedures
H.B. 910 (Phillips): Amends the list of acceptable identification under Section to include licenses to carry a handgun instead of a concealed handgun license.
Effective: January 1, 2016
11/21/2018
Texas Secretary of State Elections Division

25. Texas Secretary of State Elections Division
Election Procedures
H.B (Goldman): Requires the early voting clerk to mark on the precinct list of registered voters “early voting voter” beside the name of each person that appears on the list of early voters.
Requires the early voting clerk to provide the precinct list of registered voters to the presiding judge of the election precinct not later than the day before election day.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State Elections Division

26. Texas Secretary of State
Primary Elections
S.B (Ellis): Allows state chair of a party to contract with county for election services when there is no county leadership. Only applies if county chair office is vacant and there is not a sufficient number of members on the county executive committee to fill the vacancy, and the party is unable to establish a temporary committee under Section
If the state chair requests to contract, the county election officer must contract to hold a primary election in that county. 
Only required to have one polling place: either main early voting location or at another location in county seat to adequately serve the voters. 
Election officers appointed may be affiliated or aligned with any political party. 
Voting must be conducted at a minimum during the regular business hours that the county clerk’s main business office is open.
A precinct convention is not required to be held in a county using the alternative procedure.
The election returns shall be provided to the state chair.
County election officer is eligible to be reimbursed in the same manner as a county chair. 
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

27. Texas Secretary of State Elections Division
Primary Elections
H.B (Paul): Amends provisions related to district executive committees:
Changes composition to all members of county executive committee that reside within the district.
Allows a deadline to be set for filling vacancies on the district executive committee before filling a vacancy in nomination.
Makes other changes to procedure.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State Elections Division

28. Texas Secretary of State
Primary Elections
S.B (Zaffirini): Provides a procedure for removing a precinct or county chair that has been determined to have abandoned the office. The precinct or county chair must have:
failed to perform statutory duties under the Election Code, or
failed to attend four or more consecutive meetings of the county executive committee
The appropriate executive committee must pass a resolution allowing a notice to be sent to the chair.  The notice must be sent by certified mail ask for a response from the chair not later than the 7th day after receipt of the notice. If the chair does not timely respond, the office is considered abandoned.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

29. Primary Elections - Applications
S.B (Zaffirini): Requires that the application include spaces for a public mailing address and any available address for which the candidate receives campaign .
Requires that filing authority provide notice that public mailing and address will be posted on the Secretary of State’s website.
Effective: September 1, 2015.
11/21/2018
Texas Secretary of State

30. Primary Elections - Applications
S.B (Zaffirini): Eliminates the requirement that a petition at least 250 signatures accompany the filling fee or petition in lieu of filing fee for the following offices:
Chief Justice or Justice of a Court of Appeals that serves a court of appeals district in which a county with more than 1 million is wholly or partly situated.
District or Criminal District Judge of a Court in a judicial district wholly contained in a county with more than 1.5 million.
Judge of a Statutory County Court in a county with more than 1.5 million people.
Justice of the Peace in a county with more than 1.5 million.
Also, eliminates ban against obtaining signatures on the grounds of the county courthouse or courthouse annex.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

31. Primary Elections - Applications
S.B (Zaffirini): Eliminates the requirement that a candidate choosing to pay the filing fee accompany their application with a petition of 50 signatures from each court of appeals districts for the following offices:
Office of Chief Justice or Justice, Supreme Court
Presiding Judge or Judge, Court of Criminal Appeals
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

32. Primary Elections – Filing Fees
S.B (Zaffirini): Clarifies procedures for filing fees returned for insufficient funds:
If before end of the filing period, the filing authority shall return it to the candidate.  Candidate may resubmit the application before the end of the filing period, but cannot submit the filing fee in a form a check from the same account of the payment that was returned. 
If the filing fee is returned for insufficient funds after the end of the filing period, filing authority shall inform the applicant that their application was not valid.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

33. Primary Election – Ballot Drawing
S.B (Huffman): The ballot drawing must be held not later than the 10th day after the filing deadline.
Effective: September 1, 2015.
11/21/2018
Texas Secretary of State

34. Primary Elections – List of Candidates
S.B (Huffman): State chair must inform county chairs that the certified list of candidates is posted to the SOS website not later than the 9th day after the filing deadline.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

35. Primary Elections – List of Candidates
S.B (Zaffirini): SOS will post the list of candidates certified by the state chair on the SOS’s website-adding the candidate’s public mailing address, and address, if provided.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

36. Primary Elections – Local Canvass
S.B (Zaffirini): Provides that the county chair, and at least one member of the county executive committee, if available, shall canvass.
The canvass is no longer required to occur at the county seat, but the notice of canvass must be posted on the commissioner’s court bulletin board or the county party’s website if they maintain one. 
Requires that the local canvass results be posted to the Secretary of State’s website.
Effective: September 1, 2015 (SOS must complete by end of 2016.)
11/21/2018
Texas Secretary of State

37. Primary Elections – State Canvass
S.B (Zaffirini): Provides that the state chair will canvass returns on the state level, and state chair will provide canvass information on SOS website.
Secretary of State will preserve canvass and candidate information on the Secretary’s website for the required retention period.
Effective: September 1, 2015 (SOS must complete by end of 2016.)
11/21/2018
Texas Secretary of State

38. Primary Elections – Candidate Status
S.B (Zaffirini): Requires county chairs to notate the status of each candidate next to the candidate’s name on the SOS’s website. The notations will include “Nominee for General Election,” “Withdrew,” “Lost Primary,” etc.
Requires state chair to post the name and address of each nominated candidate to the Secretary of State’s website. 
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

39. Primary/General Elections - Ballot
S.B (Zaffirini): The county and state chair must file an affidavit stating that the information about the results of the primary election on SOS website is correct and complete.
After the affidavit is received, the authority preparing the general election ballot will use the list of candidate’s names on the Secretary of State’s website to prepare the ballot.
Effective September 1, 2015
11/21/2018
Texas Secretary of State

40. Primary Elections – Precinct Returns
S.B (Zaffirini): Provides that the county clerk will prepare the precinct results.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

41. Texas Secretary of State
Runoff Primary
S.B (Huffman): A candidate may not withdraw from the runoff primary after 5 p.m. on the 3rd day after the state canvass.
Effective: September 1, 2015.
11/21/2018
Texas Secretary of State

42. Texas Secretary of State Elections Division
Voting Systems
H.B (Goldman): Amends the language to reflect the current federal agency (Election Assistance Commission) that adopts voting system standards and the name of the standards.
Effective: Immediately (June 1, 2015)
11/21/2018
Texas Secretary of State Elections Division

43. Central Counting Station
H.B (Thompson, E.): Amends the qualifications for a tabulation supervisor appointed at a central counting station. 
The person must now be a registered voter of the political subdivision served by the authority establishing the counting station, or an employee of the political subdivision that adopts or owns the voting system.
Effective: Immediately (June 17, 2015)
11/21/2018
Texas Secretary of State Elections Division

44. Texas Secretary of State
Voting History
H.B (Rodriguez, E.): Requires that voting history electronically submitted to the Secretary of State specify if the voter voted on election day, voted early by personal appearance, voted early by mail under Chapter 86, or voted early by mail under Chapter 101.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

45. Texas Secretary of State
Public Information
H.B (Paul): Restricts the disclosure of addresses and personal phone numbers of election judges and clerks that are collected by the authority conducting the election. 
The information is not public information, but may be disclosed to any entity that submits lists of election judges or clerks for that election, or the state executive committee of a political party with a county chair that is eligible to submit names of election judges and clerks.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State

46. Texas Secretary of State Elections Division
Odds and Ends
S.B. 435 (Lucio): Provides that a county treasurer may administer an oath in Texas under Chapter 602 of the Government Code.
Effective: September 1, 2015
11/21/2018
Texas Secretary of State Elections Division