Responsibilities of the Early Voting Clerk for Early Voting and Election Day Heidi Martinez 2017 Election Law Seminar for Cities, Schools and Other Political.

Responsibilities of the Early Voting Clerk for Early Voting and Election Day
Heidi Martinez 2017 Election Law Seminar for Cities, Schools and Other Political Subdivisions

Texas Secretary of State Elections Division
Outline Responsibilities during Early Voting Dates and Times and Notice EV Locations (Main, Permanent & Branch) Roles of the EV Clerk at Main EV location Responsibilities on Election Day Determining polling places & notice Hours & Special Forms of Early Voting 11/22/2018 Texas Secretary of State Elections Division

Early Voting Responsibilities
11/22/2018 Texas Secretary of State Elections Division

EV Period General Rule: Begins 17 days before election day Ends 4 days before election day But, there are exceptions (May uniform date, runoff elections, etc.) May Rule is 12th day to 4th day Early voting will begin Monday, April 23, 2018 Early voting will end Tuesday, May 1, 2018 This rule of 17-4 applies as the default, but there’s another rule for the May date and runoffs, and the primary runoff. But, if you’re holding a special election on a non-uniform date, you’re probably looking at the 17-4 rule 11/22/2018 Texas Secretary of State Elections Division

Main Early Voting Location

Main Early Voting Polling Location
Early Voting Clerk Location of Main Early Voting Polling Place City Secretary In a building that hosts the main business office – can select any room. Other Early Voting Clerk (Not the county clerk or county elections officer) Authority that appoints the clerk designates the location. Must be in the territory covered by the Election. County Elections Officer – (General Election for State and County Officers, primary election, special election ordered by governor, countywide election held at county’s expense.) County Elections Officer – (Less than countywide election ordered by county at county’s expense, or election ordered by county authority NOT at county’s expense). In territory that is covered by election OR main business office of county elections officer. (determined by commissioner court) [§§ (b)] 11/22/2018 Texas Secretary of State Elections Division

Note: Contracts and Joint Elections
REMEMBER County clerk may be serving as early voting clerk under a contract for election services or joint election agreement. Main early voting polling place may be at county office building. Main early voting polling place may be at location outside of your political subdivision. [Chapters 31 and 271, generally] 11/22/2018 Texas Secretary of State Elections Division

Note: Fee for Use of Public Building
IF building is normally open on each day of early voting – may not be charged for use of public building as a polling place IF not normally open – you may be charged only as reimbursement for actual expenses [§ (a)] 11/22/2018 Texas Secretary of State Elections Division

Note: Accessibility Remember – like an election day polling place, early voting location must be accessible [§ (c), Ch. 469, Tex. Gov’t. Code] 11/22/2018 Texas Secretary of State Elections Division

EV Hours Polling place hours will depend on who is designated by statute who the EV Clerk is CEO City Secretary Other 11/22/2018 Texas Secretary of State Elections Division

Dates & Times of Early Voting
If the EV clerk is… Where? When? Hours? City Secretary Main Early Voting Polling Place Weekdays during Early Voting Period Hours that City Secretary’s Main Business hours are regularly open for business. County Elections Officer Hours that the County Election Officer’s main business office is regularly open for business. Other EV clerk Weekdays during EV period If 1,000 or greater = At least 8 hours each weekday of EV period. If less than 1,000 = At least 3 hours each weekday of EV period. [§ ] 11/22/2018 Texas Secretary of State Elections Division

Extended Hours - Weekdays
Election ordered by a city Where: main early voting location When & Time: - if – one weekday for 12 hours IF: EV Period – less than six weekdays; or two weekdays for 12 hours IF: EV Period – 6 or more weekdays 11/22/2018 Texas Secretary of State Elections Division

Extended Hours - Weekends
County Election Officer or City Secretary may order by written order at the main early voting location Determine the extended hours on Saturday & Sunday [§ ] 11/22/2018 Texas Secretary of State Elections Division

Other Early Voting Clerk official – The authority ordering an election may order early voting at the main early voting location 11/22/2018 Texas Secretary of State Elections Division

Voter Petition for Weekend Voting: 15 registered voters must order Saturday or Sunday early voting may request day (Saturday or Sunday) but not date or hours Petition for a city or county  must meet 72 hour notice requirement. For everyone except counties or cities  the petition has to be submitted prior to ordering the election. [§§ , ] 11/22/2018 Texas Secretary of State Elections Division

Branch Early voting polling place

Permanent Branch Locations
Branch offices that are regularly maintained for conducting general clerical functions of the county clerk are required to serve as permanent branch early voting locations. Used only in countywide election in which the county clerk is the EV clerk under § Days and Hours: These polling locations keep the hours and days as the main early voting polling place. (§85.063) Exception to Use of Permanent Braches: Governing body may establish a temporary branch polling location to be used instead of a permanent branch location. 11/22/2018 Texas Secretary of State Elections Division

Temporary Branch Locations
Entity may establish one or more temporary early voting polling places. Established by: County Clerk as EV Clerk → Commissioners Court Any other Early Voting Clerk →Governing Body of Political Subdivision. (§85.062(a)(2)) 11/22/2018 Texas Secretary of State Elections Division

Temporary Branch Locations
In territory served by Early Voting Clerk, and; In a stationary structure. (§85.062(b)) Cannot be in a candidate’s (or relative to candidate’s) home. MUST be “fixed at one place” for duration of period voting is required to be conducted. (§85.062(c)) 11/22/2018 Texas Secretary of State Elections Division

Record Keeping at Branch Location
Procedures if using the same ballot box for different branch locations: Start new forms at each branch location, or; Clearly show the different locations by continuing to use the same forms but making a line or other notation across the form to denote when voting begins and ends at each branch location. Two options for ballot boxes and forms (except daily register) to reflect the different branches: Ballot box “inactivated” when voting is completed at the branch location, or; Use one box for mobile voting locations, but clearly distinguish branches on documents. 11/22/2018 Texas Secretary of State Elections Division

Ballots at Branch Locations
Two options for a branch location: May retain voted ballots at branch location in locked room that is accessible only to election officials, or; May be delivered by election officers or law enforcement officers to the main early polling place at the end of each day’s voting. (§85.071) 11/22/2018 Texas Secretary of State Elections Division

Any voter can vote at any early voting location! 11/22/2018 Texas Secretary of State Elections Division

Use of County Election Precincts
Section requires that all political subdivisions use county election precincts for elections held on the May uniform date (even or odd), EXCEPT when: Exceptions Exception #1 75% or more of temporary branch locations conduct EV on same days/hours as main early voting polling place AND remaining temporary branch locations conduct EV on at least 2 consecutive days and at least 8 hours on each day. Exception #2 Political subdivision does not establish any temporary branch locations, i.e. only has main early voting location. 11/22/2018 Texas Secretary of State Elections Division

Section 42.002 – Where do you want flexibility?
Election Day Early Voting Strict Required Use of County Election Precincts as Election Day Precincts Flexible EV can be conducted however you want. Entity can establish their own Election Day Precincts Entity only has main EV polling place. Entity has main EV polling place AND 75% of temporary branches must have hours that match the main. Remaining branches must have at least 2 consecutive 8 hour days of EV. 11/22/2018 Texas Secretary of State Elections Division

NOTICE REQUIREMENTS 11/22/2018 Texas Secretary of State Elections Division

Notice of Election Election Notice Must state: location of main early voting location; date early voting in person begins (if, other than prescribed date); regular dates & hours early voting in person will be conducted; dates and times of Saturday and Sunday voting if ordered. Recommended: Include branch locations, dates, hours. 11/22/2018 Texas Secretary of State Elections Division

Notice of Weekend Early Voting
Saturday or Sunday For counties and cities, must post notice of dates and hours 72 hours immediately preceding the first hour that the voting will be conducted. For all other political subdivisions: Voting on any Saturday or Sunday must be included in the order and notice of election. 11/22/2018 Texas Secretary of State Elections Division

Notice of Branch Early Voting
When? 5 days before early voting by personal appearance begins. Where? Bulletin board used for posting notices of meetings of the governing body. What? Notice must contain: The location of each branch polling place and the election precincts served by each branch. The dates and hours temporary branch voting will be conducted. (§85.067) Saturday and Sunday hours can be posted in a separate notice. (§85.068) 11/22/2018 Texas Secretary of State Elections Division

Amending Notice of Branch Early Voting
Amending the bulletin board notice: May be amended after the 5th day before early voting begins to include notice of additional temporary branch. Notice of the amendment must be posted no later than the 5th day before voting will begin at the additional temporary branch. (§85.067) 11/22/2018 Texas Secretary of State Elections Division

Notice Requirements Section now requires that the Election Notice, Notice of Branch Early Voting, and Notice of Early Voting on Saturday or Sunday be posted on the entity’s internet website, if available. 11/22/2018 Texas Secretary of State Elections Division

Early Voting procedures

Polling Place Procedures
Generally, the early voting procedures related to qualifying a voter are the same as election day procedures. There are a few key differences…. 11/22/2018 Texas Secretary of State Elections Division

Ballots Early Voting Clerk’s initials – on the back of each ballot to be used at the early voting location [§ ] 11/22/2018 Texas Secretary of State Elections Division

Ballot Box Security Double-locked (two locks with two different keys) and wire sealed Early Voting clerk keeps key to one lock Key to second lock – goes to person who gets the keys to ballot boxes used on Election Day (county elections – usually the sheriff) Must not be unlocked until after delivery to early voting ballot board. [§§ , , ] 11/22/2018 Texas Secretary of State Elections Division

Ballot Box Security Overnight – must be kept in a safe place Voting machine must be secured at close of each day’s early voting Recommended – ballot box & voting machine be sealed with wire hasp seal each night & record kept of such seals [§§ , ] 11/22/2018 Texas Secretary of State Elections Division

Ballot Box Security End of Early-Voting-In-Person Ballot boxes and voting machines Sealed with hasp seals Transported to main early voting location (if somewhere other than early voting clerk’s office); and Secured in early voting clerk’s office or other secure location 11/22/2018 Texas Secretary of State Elections Division

Election Records – Branch Daily Register
Branch daily register (functionally, this is the combination form/poll list) must be kept for each branch. Must show name, address, VR number, and precinct number for each voter who voted at the branch that day. Must be delivered to early voting clerk at the end of each day. Must be preserved for period retaining election records. Copy must be kept at branch location. (§85.072) 11/22/2018 Texas Secretary of State Elections Division

Special forms of early voting

Special Forms of Early Voting
Late Voting Disabled Voter – Chapter 102 Death in Immediate Family – Chapter 103 Disabled Voter on Election Day – Chapter 104 Military Personnel and Overseas Voters – Chapter 105 Voting by Persons on Space Flight – Chapter 106 Limited Ballot – Chapter 112 11/22/2018 Texas Secretary of State Elections Division

Mail Ballot cancellation during EV
Process depends on what the voter has (or doesn’t) Also depends on when the voter requests cancellation (§84.032) 11/22/2018 Texas Secretary of State Elections Division

Mail Ballot cancellation during EV– Part A
Remember to have the pdf of aw5-17 here to talk about it 11/22/2018 Texas Secretary of State Elections Division

Mail Ballot cancellation during EV– Part A
Allows a voter to cancel at the main EV location without their ballot ONLY occurs at main EV location This is the only situation in which a voter can cancel without their ballot and vote a regular ballot Must be received prior to the third day before election day and after ballot is mailed to voter but before by mail ballot arrives back at EV clerk’s office Remember to have the pdf of aw5-17 here to talk about it 11/22/2018 Texas Secretary of State Elections Division

Mail Ballot cancellation during EV– Part B

Mail Ballot cancellation during EV– Part B
Allows a voter to cancel and vote a regular ballot, provided they surrender their mail ballot Can be done at any EV location, not just main To be used on or after the third day before election. Can also execute an affidavit that the applicant has not received the ballot to be voted by mail; or Can also execute an affidavit that the applicant never requested a ballot to be voted by mail. (New Law-Effective December 1, 2017 per SB 5) Remember to have the pdf of aw5-17 here to talk about it 11/22/2018 Texas Secretary of State Elections Division

Mail Ballot cancellation during EV– Part C

Mail Ballot cancellation during EV– Part C
Allows a voter at any time after the early voting ballot is returned to the EV clerk as a marked ballot but before delivery to the EVBB by appearing in person and executing affidavit that the applicant did not mark the ballot Can ONLY be executed at the EV Clerk’s office Remember to have the pdf of aw5-17 here to talk about it 11/22/2018 Texas Secretary of State Elections Division

Mail Ballot cancellation during EV– Miscellaneous
Some procedures apply to both EV and on election day Voters CANNOT return their marked mail ballots (to be counted) during early voting This procedure is for ELECTION DAY ONLY Remember to have the pdf of aw5-17 here to talk about it 11/22/2018 Texas Secretary of State Elections Division

Election Day Responsibilities

Designation of Polling Places
Governing Body designates polling places within each precinct Location of polling places must be included in the Notice of Election. 11/22/2018 Texas Secretary of State Elections Division

Delivery of Supplies Must deliver supplies to polling places (§51.004) Must securely transport voting systems to polling place and securely storing equipment in polling place before voting begins. Must deliver other supplies-forms, booths, etc. 11/22/2018 Texas Secretary of State Elections Division

Election Day Responsibilities as Early Voting Clerk

Hours Must keep Early Voting Clerk’s office open from 7 a.m. – 7 p.m. on election day. (§83.011) 11/22/2018 Texas Secretary of State Elections Division

By Mail Ballots NEW LAW: (HB 1151, RS, 2017) provides a later deadline for receipt of by-mail ballots (by 5 p.m. the day after election day, 5th day after election day, or 6th day after election day, depending on various factors) (Sec ) NOTE: a ballot received by 7:00 pm on election night must be counted that night. The clerk shall check for returned ballots, at least once before the deadlines, after the normal delivery time on the last day at the place at which the carrier envelopes are deposited. 11/22/2018 Texas Secretary of State Elections Division

Special Forms As early voting clerk, must conduct special forms of early voting, if necessary: Late Voting by Disabled Voter Voting on Election Day by Disabled Voter from Voting System Precinct Voting on Space Flight 11/22/2018 Texas Secretary of State Elections Division

In Person Delivery Voter may deliver their carrier envelope in-person to the Early Voting Clerk on election day. (Sec ) Must show acceptable form of ID or complete RID and show supporting ID, when delivering ballot to EVC 11/22/2018 Texas Secretary of State Elections Division

Notice of Rejected Ballot
NEW LAW: (SB 5, Special Session, 2017) amended Section to provide that the EV clerk shall, not later than the 30th day after election day, deliver notice to the Attorney General, including certified copies of the carrier envelope and corresponding ballot application, of any ballot rejected because: 1) the voter was deceased; 2) the voter already voted in person in the same election; 3) the signatures on the carrier envelope and ballot application were not executed by the same person; 4) the carrier envelope certificate lacked a witness signature; or 5) the carrier envelope certificate was improperly executed by an assistant Effective December 1, 2017 11/22/2018 Texas Secretary of State Elections Division

Responsibilities of the Early Voting Clerk for Early Voting and Election Day Heidi Martinez 2017 Election Law Seminar for Cities, Schools and Other Political.

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Responsibilities of the Early Voting Clerk for Early Voting and Election Day Heidi Martinez 2017 Election Law Seminar for Cities, Schools and Other Political.

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Presentation on theme: "Responsibilities of the Early Voting Clerk for Early Voting and Election Day Heidi Martinez 2017 Election Law Seminar for Cities, Schools and Other Political."— Presentation transcript:

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