1. Texas Secretary of State Elections Division
11/23/2018
May vs. November
Ashley Fischer
26th Annual Election Law Seminar for
Cities, Schools and Other Political Subdivisions
December 2014
11/23/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. Texas Secretary of State
Agenda
Times for Ordering Election
Contracting with the County
Precincts and Polling Places
Early Voting Period
Counting Votes and Canvassing
11/23/2018
Texas Secretary of State

3. Texas Secretary of State
FAQ
Q: Can an entity change their election date from May to November? A: No. The deadline to change your general date to November expired December 31, However, there may be proposals in the 84th Legislature to re-open the “window” for changes. Please stay tuned…
11/23/2018
Texas Secretary of State

4. Texas Secretary of State
Time for Ordering
Election
Deadline
May Even/Odd Uniform Election Date
71st Day Before Election
November Odd Uniform Election Date
November Even General/Uniform Election Date
78th Day Before Election
Bond Elections must be ordered according to these deadlines.
Tax Ratification Elections will be covered tomorrow, but depending on the situation, can be ordered on a non-uniform date.
Elections for Special Districts, e.g. creation, abolishment, etc. are generally required to be held on uniform dates, but there are exceptions.
11/23/2018
Texas Secretary of State

5. Texas Secretary of State
FAQ
Q: If I am a special district, e.g. water district, hospital district, etc., how can I determine if I am required to hold an election on a uniform date? A: We recommend that you speak with your entity’s counsel, if you have one. Also, you may call our office, but we recommend looking for any enacting legislation before calling to help us assist.
11/23/2018
Texas Secretary of State

6. Time for Ordering – Special Elections
Special Election to Fill a Vacancy: If a city is required to hold a special election to fill a vacancy, and the election is required to be held within 120 days of the vacancy, the city must order the election on a uniform date if one falls within the 120 day window.
11/23/2018
Texas Secretary of State

7. Texas Secretary of State
FAQ
Q: How do I know if I need to have an election to fill a vacancy? A: Call us!  We are happy to help, and we recommend determining what type of city you are, i.e. Type A, Type B, Type C or home-rule, as discussed yesterday in the vacancy presentation.
11/23/2018
Texas Secretary of State

8. Texas Secretary of State
Time for Ordering – Vacancy Special Election Held on November Odd or May Even/Odd
Under , must be ordered by 57th day before the uniform date. Filing deadline will depend on when election is ordered.
Example for vacancy that occurs after January 9, 2015 (120 day window):
Example for vacancy that occurs after July 6, 2015 (120 day window):
Election Ordered By…
Filing Deadline
Uniform Election Date
February 28, 2015
March 9, 2015 (5 p.m.)
May 9, 2015
March 13, 2015
March 25, 2015 (5 p.m.)
Election Ordered By…
Filing Deadline
Uniform Election Date
August 25, 2015
September 2, 2015 (5 p.m.)
November 3, 2015
September 7, 2015
September 21, 2015 (5 p.m.)
11/23/2018
Texas Secretary of State

9. Time for Ordering – Vacancy Special Election Held on November Even
Under , must be ordered by 78th day before the election – just like any other election to be held on the general election date. The filing deadline is the 75th day before the election.
11/23/2018
Texas Secretary of State

10. Contracting with the County
In all elections held on a uniform date, you may contract with county.
BUT, in May of even-numbered years, a county with an elections administrator has no duty to contract. (41.001(d))
11/23/2018
Texas Secretary of State

11. Precincts and Polling Places
The locations of your polling places for an election will depend on:
When you are holding the election, i.e., November Odd, etc.
If you are required to hold a joint election, or have executed a joint election agreement.
If you have contracted with the county.
If your political subdivision is in a county that uses countywide polling locations.
11/23/2018
Texas Secretary of State

12. Texas Secretary of State
November - Precincts
The county’s commissioners court will establish county election precincts according to Chapter 42 of the Election Code.
The County Clerk will recommend locations for election day polling places within each county election precinct, with approval of the commissioners court. (43.002)
11/23/2018
Texas Secretary of State

13. November Even – Polling Places
Situation
Election Day
Early Voting
Joint Election Agreement with County
County’s Polling Places in Your Territory (42.002(a)(1) & )
May establish early voting locations separate from the county, or within contract/joint election agreement, opt for county’s early voting locations.
Contract for Election Services with County
Contract or Joint Election Agreement with County Using Countywide Polling Places
County’s Countywide Polling Places (43.007)
No Contract or Joint Election Agreement
Must share at least one early voting location used by the county and within your political subdivision. If the main early voting location is selected, must keep the same hours as main early voting location. (85.010)
11/23/2018
Texas Secretary of State

14. November Odd – Polling Places
Situation
Election Day
Early Voting
Joint Election Agreement with County or Other Entity
County’s Polling Places in Your Territory (42.002(a)(2)&(5) and )
May establish early voting locations separate from the county, or within contract/joint election agreement, opt for county’s early voting locations.
Contract for Election Services with County
County’s Polling Places in Your Territory (42.002(a)(2) &(5) and )
May establish early voting locations separate from the county, or within contract/joint election agreement, opt for county’s early voting locations.
Contract or Joint Election Agreement with County Using Countywide Polling Places
County’s Countywide Polling Places (43.007)
May establish early voting locations separate from the county, or within contract/joint election agreement, opt for the county’s early voting locations.
No Contract or Joint Election Agreement
Must share at least one early voting location used by the county and within your political subdivision. If the main early voting location is selected, must keep the same hours as main early voting location. (85.010)
11/23/2018
Texas Secretary of State

15. Texas Secretary of State
Requirements under §85.010:
City of Longhorn must share the main EV location or polling place “D.”
City of Aggie must share EV location “B.”
Horned Toad I.S.D. must share main EV location or polling place “A” or “D” or “E.”
Bears I.S.D. must share polling place “B” or “C.”
Roadrunner M.U.D. must share polling place “D.”
ALL may establish additional early voting locations as needed.
§85.010
County of Texas A B
County Main EV Location
= County Early
Voting Locations C E D
City of Longhorn
Roadrunner M.U.D.
Bears ISD
Horned Toad ISD
City of Aggie
11/23/2018
Texas Secretary of State

16. Texas Secretary of State
Special Rule
Districts created under Section 52, Art. III or Section 59, Art. XVI and located in Harris County (county with a population of 3.3 million) or adjacent to Harris County are not required to use county election precincts.
11/23/2018
Texas Secretary of State

17. Texas Secretary of State
May - Precincts
The governing body shall establish precincts.
May be established before each election, and once established, remain until changed.
In a city election, cannot split county election precinct unless due to city boundary.
NOTE: If your entity changes boundaries or boundaries of election districts, you must notify your county’s voter registrar and provide a map of new boundaries.
11/23/2018
Texas Secretary of State

18. Texas Secretary of State Elections Division
REMEMBER!
Before establishing or changing any precincts or polling places (and any other changes in election standards, practices or procedures) think about compliance with federal and state law!!!
Review federal Voting Rights Act, Americans with Disabilities Act, and similar state law. Speak to your entity’s attorney.
Texas Secretary of State Elections Division
11/23/2018

19. May Even – Polling Places
Situation
Election Day
Early Voting
Joint Election Agreement with Other CSO*
Precincts established by joint election agreement - may establish new precincts for joint election territory, use county precincts or existing precincts for an entity in agreement.
May establish joint early voting locations or separate early voting locations.
Contract for Election Services with County
Precincts and polling places established by contract – may use county precincts or entity’s precincts.
Early voting locations established by entity.
Contract with County Using Countywide Polling Places
If county is willing to contract – may request use of countywide system.
No Contract or Joint Election Agreement
Use precincts and polling places established by entity.
*Under (a)(2), a county may not hold an election on the uniform date in May of an even numbered year. Therefore, an entity could not have a joint election agreement with a county.
11/23/2018
Texas Secretary of State

20. May Odd – Polling Places
Situation
Election Day
Early Voting
Joint Election Agreement with County or Other CSO
Precincts and polling places established by agreement.
May establish joint early voting locations or separate early voting locations.
Contract for Election Services with County
Precincts and polling places established by contract – may use county precincts.
Early voting locations established by entity.
Contract or Joint Election Agreement with County Using Countywide Polling Places
May require use of countywide system – note that Elections Administrators have duty to contract.
No Contract or Joint Election Agreement
Use precincts and polling places established by entity.
11/23/2018
Texas Secretary of State

21. Joint Election – “Common” Polling Places
SHOULD NOT have one common polling place serving multiple precincts – often happens when precincts maps are overlapped.
School Precincts
Common Polling Place for Precincts 1 and 3 1 2 3 1 2 4
City Precincts
Common Polling Place for Precincts 2 and 4 1 2
11/23/2018
Texas Secretary of State

22. Joint Election – “Common” Polling Places
Instead should establish precinct line, and then use different ballot styles for election territories.
Common Polling Place for Precinct 1 – will have different ballot styles available for voters-those that reside in school district will get a school ballot and city ballot, those living outside school district, only get city ballot.
Precinct 2
Precinct 1
Common Polling Place for Precinct 2 – Same concept- have different ballot style for voters to get correct ballot based on residence.
11/23/2018
Texas Secretary of State

23. Joint Election – “Common” Polling Places
A polling place may be established outside of the boundary/election precinct if location will “adequately and conveniently” serve the voters. ( (b)).
11/23/2018
Texas Secretary of State

24. Texas Secretary of State
Runoff Elections
There are no specific requirements for what polling places to use in a runoff election, but narrow territory to runoff area, e.g. Trustee Place 1 or Council Place 2. However, we recommend using the same polling places used in the initial election to avoid voter confusion.
If contracting with a county that uses countywide polling places, only have to use polling places within runoff territory, not whole county. (43.004(c))
11/23/2018
Texas Secretary of State

25. Early Voting In-Person Period Texas Secretary of State
Early Voting Period
The early voting periods are different for different elections:
Election
Early Voting In-Person Period
May Even/Odd
12th day through 4th before election
May Runoff from Uniform
November Even/Odd
17th day through 4th before election
11/23/2018
Texas Secretary of State

26. Counting Votes and Canvassing
Election
Deadline for Voter Registrars’ Review Provisional Ballots
Deadline for EVBB to Count Ballots
Period for Canvass
May Even/Odd
6th Day After Election
7th Day After Election
3rd Day After Election - 11th Day
November Odd
8th Day After Election - 11th day
November Even
13th Day After Election
8th Day After Election – 14th Day
See Section and 1 T.A.C
11/23/2018
Texas Secretary of State