1. Special Forms of Early Voting
Texas Secretary of State Elections Division
11/23/2018
Special Forms of Early Voting
Abril Davila, Staff Attorney
Elections Division – Texas Secretary of State 33rd Annual Election Seminar
August - September 2015
11/23/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. Texas Secretary of State Elections Division
Agenda
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
11/23/2018
Texas Secretary of State Elections Division

3. Late Voting – Voter with a Disability
Eligibility
Application Contents
Submitting Application
Deadline
Reviewing Application
Marking and Processing Ballot
11/23/2018
Texas Secretary of State Elections Division

4. Late Voting – Voter with a Disability
Eligibility:
Voter has “sickness or physical condition” that would prevent the voter from being able to appear in person at the polling place. Childbirth is sufficient cause. (§82.002)
Disability begins on or after the day before the last day for submitting ABBM. (§ )
11/23/2018
Texas Secretary of State Elections Division

5. Late Voting – Voter With a Disability
Application Contents:
Comply with applicable provisions of § ; and
Certificate from a licensed physician, chiropractor or Christian Science practitioner certifying sickness or physical condition. (§ )
Tip: Please see SOS Form AW5-25.
11/23/2018
Texas Secretary of State Elections Division

6. Late Voting – Voter with Disability
Submitting Application:
Application must be submitted in person at main early voting polling place by a representative of applicant.
Note: If ballots by mail are being processed at another location, the early voting clerk may require applications be delivered there. (§ )
11/23/2018
Texas Secretary of State Elections Division

7. Late Voting – Voter with a Disability
Representative Qualifications:
18 years of age or older;
Not employed by or related within third degree of affinity to any candidate on ballot; and
Not have served in election as representative for another applicant. (§ )
11/23/2018
Texas Secretary of State Elections Division

8. Late Voting – Voter with a Disability
Application Deadline:
After last day of period for early voting by personal appearance (Oct, 31, 2015); but
Before 5 p.m. on Election Day (Nov. 3, 2015).
Ballot Deadline:
Before 7 p.m. on Election Day (Nov. 3, 2015) (§ )
11/23/2018
Texas Secretary of State Elections Division

9. Late Voting – Voter with a Disability
Reviewing Application:
Applicant's registration status is verified by the early voting clerk in same manner as in early voting by mail.
Once verified, clerk provides ballot by mail to voter’s representative, and marks representative’s name and address on application.
Voter’s representative shall deliver balloting materials to disabled voter. (§ )
11/23/2018
Texas Secretary of State Elections Division

10. Late Voting – Voter with a Disability
Marking and Processing Ballot:
Voter shall mark and seal ballot in same manner as in voting by mail, including signing back flap of carrier envelope. (§ )
Marked ballot must be returned in its carrier envelope to early voting clerk before 7:00 p.m. on election day by same representative who delivered ballot to voter. (§ )
11/23/2018
Texas Secretary of State Elections Division

11. Late Voting – Voter with a Disability
Marking and Processing Ballot:
Clerk shall enter representative’s name and address on carrier envelope, representative shall sign envelope. (§ )
Ballot shall be processed along with other ballots by mail. (§ )
Clerk shall make entries on early voting roster and precinct early voting list. (§§ )
11/23/2018
Texas Secretary of State Elections Division

12. Late Voting - Death in Family
Eligibility
Application Contents
Submitting Application
Deadline
Voting and Processing Ballot
11/23/2018
Texas Secretary of State Elections Division

13. Late Voting - Death in Family
Eligibility:
Voter is absent from county of residence on Election Day (Nov. 3, 2015) due to death family member (within 2nd degree by consanguinity or affinity).
The death occurs on or the day before the last day of early voting. (§ )
11/23/2018
Texas Secretary of State Elections Division

14. Late Voting - Death in Family
Application Contents:
In the form of an affidavit;
Comply with applicable provisions of § ; and
Statement of relationship and date of death of relative. (§ )
Tip: Please see SOS Form AW5-24.
11/23/2018
Texas Secretary of State Elections Division

15. Late Voting - Death in Family
Submitting Application:
Must be made in person by voter to early voting clerk at the main early voting location.
Note: If ballots by mail are being processed at another location, the early voting clerk may require applications be delivered there. (§ )
11/23/2018
Texas Secretary of State Elections Division

16. Late Voting - Death in Family
Deadline:
After last day of period for early voting by personal appearance; but
Before close of business on day before Election Day (Nov. 2, 2015) (§ )
Note: Deadline is different from Chapter 102 for Disabled Voter.
11/23/2018
Texas Secretary of State Elections Division

17. Late Voting - Death in Family
Voting and Processing Ballot:
Early voting clerk shall verify registration status, and, once confirmed, provide ballot by mail to voter. (§ )
Voter shall mark and seal ballot as if voting by mail, but is NOT required to complete certificate on carrier envelope.
Clerk shall note on envelope ballot voted under Chapter 103.
11/23/2018
Texas Secretary of State Elections Division

18. Late Voting - Death in Family
Voting and Processing Ballot:
Early voting clerk shall process ballot along with other ballots by mail.
Clerk will add entries to the early voting roster and precinct early voting list. (§ § )
11/23/2018
Texas Secretary of State Elections Division

19. Late Voting on Election Day – Voter with a Disability
Eligibility
Application Contents
Submitting Application
Deadline
Voting and Processing Ballot
11/23/2018
Texas Secretary of State Elections Division

20. Late Voting on Election Day – Voter with a Disability
Eligibility:
Voter is sick or disabled, which would prevent accessing polling place in a regular manner.
Voter is qualified and their precinct conducts voting by voting machine. (§ )
Note: “Regular manner” is without personal assistance or a likelihood of injuring voter’s health.
Note: This Chapter allows voting at main early voting place by voter with disabilities on Election Day - compared to Chapter 102 procedure for an emergency type of situation.
11/23/2018
Texas Secretary of State Elections Division

21. Late Voting on Election Day – Voter with a Disability
Application Contents:
In the form of an affidavit;
Comply with applicable provisions of § ; and
Statement that voter has not previously voted in the election. (§ )
11/23/2018
Texas Secretary of State Elections Division

22. Late Voting on Election Day– Voter with a Disability
Submitting Application:
Application must be submitted to early voting clerk at main early voting location.
Note: If ballots by mail are being processed at another location, the early voting clerk may require applications be delivered there. (§ )
11/23/2018
Texas Secretary of State Elections Division

23. Late Voting on Election Day – Voter with a Disability
Deadline:
Voting shall be conducted between 7 a.m. and 7 p.m. on Election Day. (§ )
11/23/2018
Texas Secretary of State Elections Division

24. Late Voting on Election Day – Voter with a Disability
Voting and Processing Ballot:
Early voting clerk shall verify registration status, and, once confirmed, provide ballot by mail to voter. (§ )
Voter shall mark and seal ballot as if voting by mail, but is NOT required to complete certificate on carrier envelope.
Clerk shall note on envelope ballot voted under Chapter 104.
11/23/2018
Texas Secretary of State Elections Division

25. Late Voting on Election Day – Voter with a Disability
Voting and Processing Ballot:
Early voting clerk shall process ballot along with other ballots by mail.
5. Clerk will add entry to the early voting roster. (§ § )
11/23/2018
Texas Secretary of State Elections Division

26. Voting from Combat Zone
Chapter 105 provides that members of the armed forces and their spouses may return a ballot by facsimile if they are in an area that has been designated as a combat zone or are eligible for hostile fire pay. (§ )
See Advisory
11/23/2018
Texas Secretary of State Elections Division

27. Voting from Combat Zone
Chapter 105 also provides for use of a Federal Write-In Ballot (FWAB) for voters that are eligible to submit an FPCA and have filed an FPCA with the early voting clerk. (§ )
See Advisory
11/23/2018
Texas Secretary of State Elections Division

28. Texas Secretary of State Elections Division
Voting on Space Flight
Eligible astronauts (registered Texas voters).
Space flight on Election Day and during early voting.
11/23/2018
Texas Secretary of State Elections Division

29. Texas Secretary of State Elections Division
Limited Ballot
Who?
Voter that changes residence to another county, if:
Eligible in former county if they were still there.
Still registered in former county.
Voter registration is not effective in new county. (§ )
11/23/2018
Texas Secretary of State Elections Division

30. Texas Secretary of State Elections Division
Limited Ballot
What?
A ballot “restricted to the offices and propositions…which a person is entitled to vote.” (§ )
Vote on:
Statewide offices/measures
Offices/measures for a “common” territorial unit in which voter was resident before changing counties.
In political subdivision elections, a full ballot if the entity’s boundaries extend into two counties, and voter was and is a resident of the same election precinct. (§ )
11/23/2018
Texas Secretary of State Elections Division

31. Texas Secretary of State Elections Division
Limited Ballot
Where?
Personal Appearance: Only the main early voting polling place. (§ )
By Mail: Submitted to early voting clerk serving election precinct in which voter resides. (§ )
11/23/2018
Texas Secretary of State Elections Division

32. Texas Secretary of State Elections Division
Limited Ballot
When?
During early voting period by personal appearance, or;
By mail (if allowed under Chapter 82). (§ (a))
11/23/2018
Texas Secretary of State Elections Division

33. Texas Secretary of State Elections Division
Limited Ballot
How?
Execute affidavit that voter is eligible for limited ballot, contains voter’s address, D.O.B., and date of affidavit. (§ (c))
Early voting clerk must attempt to verify that voter does not have an effective registration in new county, or a registration that will be effective on or before election day. (§ )
11/23/2018
Texas Secretary of State Elections Division

34. Texas Secretary of State Elections Division
Voter Registration
Limited voter application also acts as a voter registration applicant in the new county.
11/23/2018
Texas Secretary of State Elections Division