HB 658 Voting at Residential Care Facilities

HB 658 Voting at Residential Care Facilities
Texas Secretary of State Elections Division 11/25/2018 HB 658 Voting at Residential Care Facilities Caroline Geppert 35th County Election Officials Election Law Seminar July 2017 11/25/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State
What does HB 658 Do, 1? Accepting Certain Voters Ahead of Others Provides that voters with mobility problems and their assistants may be accepted for voting ahead of other voters in line. (Sec ) A mobility problem is one that substantially impairs a person’s ability to move around, such as paralysis, lung disease, use of portable oxygen, cardiac deficiency, severe limitation in the ability to walk due to arthritic, neurological, or orthopedic condition, wheelchair confinement, arthritis, foot disorder, the inability to walk 200 feet without stopping to rest, or use of a brace, cane, crutch, or other assistive device. Assistant is defined by Sec A person of the voter’s choice, other than voter’s employer, agent of employer, or officer or agent of voter’s labor union. 11/25/2018 Texas Secretary of State

What does HB 658 Do, 2? Accepting Certain Voters Ahead of Others, cont. Permissive – an election officer MAY offer this service May have a clerk walk the line to see if there is anyone who appears in need of this service, if PJ decides to offer it. NEW FORM: Notice of this opportunity MUST be posted at one or more locations in the polling place where it can be seen by voters waiting in line. The notice is posted so that voters in line are aware that they can ask for this consideration, but the Election Judge is not in fact required to allow it. Best practice – EJ uses best judgment and allows it when appropriate. 11/25/2018 Texas Secretary of State

Texas Secretary of State Elections Division
11/25/2018 What does HB 658 Do, 3? Adds new Chapter 107 to the Election Code, which provides for Voting at a Residential Care Facility (“RCF”) This is a BY-MAIL PROCEDURE; you will NOT be setting up a temporary branch location State that HB 658 uses the term judges, but in fact they are deputy EV clerks. 11/25/2018 Texas Secretary of State Texas Secretary of State Elections Division

What does HB 658 Do, 4? Essentially, it is a Ballot-Delivery system Rather than EV clerk mailing balloting material to voters who apply to vote by mail, the EV clerk will provide the balloting materials to two judges (“RCF Judges”), who really are Deputy Early Voting Clerks, and who will in turn hand-deliver the balloting materials to the voter, will accept the sealed and signed carrier envelope (containing the voted ballot, inside the ballot envelope) back from the voter, and deliver the carrier envelope to the EV clerk. EV Clerk treats the carrier the same as any other ballot voted by mail. 11/25/2018 Texas Secretary of State

11/25/2018 What does HB 658 Do, 5? Basics: If the EV Clerk receives 5 or more applications for a ballot by mail (ABBMs) in which the applicant is voting due to age or disability and asks the ballot to be sent to a particular RCF, the EV clerk will not mail the balloting materials, but will instead send two RCF Judges to the site to hand deliver the balloting materials, accept them back from the voters, and hand deliver them to the EV Clerk. While present at the facility, the RCF Judges also will accept applications from individuals who are registered to vote at the facility (and who have not already applied for a ballot by mail), and allow those individuals to vote, using the by-mail materials (ballot, ballot envelope, carrier envelope). 11/25/2018 Texas Secretary of State Texas Secretary of State Elections Division

What Counts as an RCF, 1? “Residential Care Facility" means a facility licensed and regulated under Chapter 242 or 247, Health and Safety Code, with more than 10 beds. E.g., nursing home, other long-term care facility, or retirement center in which a significant number of occupants, patients, or residents lack adequate transportation to an appropriate polling place, need assistance in voting, are 65 years of age or older or are disabled, or are indefinitely confined. 11/25/2018 Texas Secretary of State

11/25/2018 What Counts as an RCF, 2? Good News!! YOU do NOT need to figure out which RCFs are in your county. Texas Health and Human Services Commission (“HHSC”) provides the SOS with a list of the facilities in Texas, by county, that also shows the number of beds in each facility, which SOS will in turn share with the counties. SOS will conduct a survey of which RCFs that have 11+ beds have fewer than 5 residents qualified to vote ad remove those RCFs off the list submitted to the county. Qualified Voter under CH 107: A person who is eligible to vote by mail who is a resident of and/or a registered voter at a qualifying RCF. If they live there or are registered there, then presumably they are 65+ or have a disability preventing them from voting at ppl and thus are eligible to apply to vote by mail. 11/25/2018 Texas Secretary of State Texas Secretary of State Elections Division

What Counts as an RCF, 3? If a facility has 10 or fewer beds (shown as “Licensed Capacity” in the list provided by HHSC), Chapter 107 does not apply and you CANNOT use this procedure for voting at that location. Ballots will be mailed to those voters who apply. If a facility has 11 or more beds, but fewer than 5 residents qualified to vote under Ch 107 as of January 1 of a given year, SOS may exempt the RCF from this procedure. HHSC and facility director must confirm in writing that exemption applies, and appropriate county will be informed of the exemption. 11/25/2018 Texas Secretary of State

11/25/2018 5 Or More ABBMs, 1 The EV Clerk is going to have to HOLD these applications (and not mail balloting materials) until the earlier of: The EV clerk has received at least 5 ABBMS that request ballots to be sent to the same RCF The deadline to apply for a ballot by mail (11th day before election day) Suggestion: Keep the ABBMs in a physical file by RCF (or scan and save by RCF). Create a spreadsheet containing the RCFs and a tally of the number of ABBMs received for that facility. 11/25/2018 Texas Secretary of State Texas Secretary of State Elections Division

5 Or More ABBMs, 2 If the EV Clerk receives 5 such ABBMs on or before the deadline to apply for a ballot by mail, the voters are not mailed a ballot but rather vote under the Ch. 107 procedure. NOTE: EV Clerk is NOT required to send judges to RCF unless there are at least 5 registered voters who are residents of the facility (Sec ) 11/25/2018 Texas Secretary of State

5 Or More ABBMs, 3 If the EV clerk does not receive 5 such ABBMs on or before the deadline to apply for a ballot by mail, the EV Clerk must send these voters the balloting materials by mail, in the normal manner. Ballots in this category must be mailed ASAP after the application deadline NOTE: The EV Clerk need not wait until s/he has received 5 such ABBMs; EV Clerk may schedule voting at an RCF at any time during the year, as long as notice is posted at the RCF 48 hours in advance of the visit. ( (f)). NEW FORM - This notice includes names of Election Judges who will visit the site and the hours voting will be conducted at the RCF. 11/25/2018 Texas Secretary of State

Who is Eligible to Vote under Ch. 107?
Individual who is registered to vote in your county or in the political subdivision whose election you are holding (or eligible to vote a limited ballot), applies to vote by mail for the reason of age (65+) or disability, and who requests that their ballot be sent to an RCF that is within your County. If the individual wants the ballot mailed to a facility outside your county, you do not need to travel to that location. Rather, you will send that voter the balloting materials by mail as usual. These ABBMs do not count toward the 5. AND/OR Individual who is registered to vote AT the facility and who desires to vote when the Election Judges arrive at the facility, regardless of whether that individual had previously submitted an ABBM to the EV Clerk. 11/25/2018 Texas Secretary of State

11/25/2018 RCF Judges, 1 Selection 2 RCF Judges for each RCF (may send more than 2) Same RCF Judges may serve at multiple locations RCF Judge may be a volunteer, an employee of the authority conducting the election, or compensated by the authority conducting the election in the same manner as a polling place judge Additional judges may be appointed by “List Procedure” - SOS Interpretation – Mix of law (32.001, , ) Refine # of RCF judges in the pool over time, with experience. 11/25/2018 Texas Secretary of State Texas Secretary of State Elections Division

RCF Judges, 2 Selection, cont. Additional judges may be appointed by “List Procedure” - SOS Interpretation – Mix of law (32.001, , ) County Chairs submit names of potential RCF Judges to EV Clerk, before July (>500,000) or August (< 500,000), per Names may be in addition to the Eday Judges submitted, OR Chair may make notation next to the name of Eday judge that individual is willing to serve as RCF Judge, in addition to serving on Eday County Chair does not specify at which RCF a Judge is to work One RCF Judge appointed from each party, serve as Co-Judges 11/25/2018 Texas Secretary of State

RCF Judges, 3 Selection, cont. EV Clerk (not Commissioners Court) appoints the RCF Judges, just like with other Deputy EV Clerks. EV Clerk essentially puts RCF Judges into a “RCF Pool” of judges, and assigns them to RCFs as necessary. At the time of submission of the lists, it will not be known which RCFs will be visited Advisory on Appointment Procedures, we suggested names of RCF judges be included on the lists submitted this year, even though HB 658 not effective till 9/1/17. If you did not get names on the list, please work with Co Chair to find RCFs for this November. 11/25/2018 Texas Secretary of State

RCF Judges, 4 Eligibility Same as Election Judge serving on election day (Secs – ) Need not be a registered voter of the precinct in which the RCF is located A person who was employed at an RCF in the county for two years prior to election day is not eligible to serve as a judge at such a facility. As with all potential judges submitted through the list procedure, suggest County Chair confirm eligibility prior to adding name to list submitted to county 11/25/2018 Texas Secretary of State

RCF Judges, 5 Oath Wording specified in Section (d) NEW FORM with Oath (this is the only oath RCF Judges take) Training SOS “provides training” per Section (e) SOS will create training materials Will Include applicable statutes, per the Oath Available Online, and/or County can train in person, using SOS materials 11/25/2018 Texas Secretary of State

Setting up Visitation Times, 1
Texas Secretary of State Elections Division 11/25/2018 Setting up Visitation Times, 1 RCF Judge and RCF Administrator confer on when to visit (EV Clerk coordinates) Decision must be made not later than 5 p.m. on 6th BUSINESS day before election day May designate one or more times As a practical matter, EV clerk will be setting up these times, especially since they will often be sending their own employees (deputies) 11/25/2018 Texas Secretary of State Texas Secretary of State Elections Division

May begin no earlier than 29th day before election day and not later than 4th day before election day. If you visit before the deadline to apply for a ballot by mail (11th day before election day), then note that if you receive additional ABBMs requesting ballots to be sent to the same RCF (after the initial 5), you can simply mail ballots to those applicants and need not make another visit to the RCF Best Practice: Wait till closer to end of EV period before sending RCF judges out, but not until the very last day of the EV period. 11/25/2018 Texas Secretary of State

Additional Visits Upon conclusion of a designated visit to an RCF, IF the RCF judges determine another visit is warranted, they may schedule such a visit (after conferring with the EV Clerk and the RCF Administrator). The visit must be at least 6 days after the initial visit, in order to comply with Notice requirements, but not later than the 4th day before election day. This may be a good alternative to leaving a Ballot Package (Sec (c)), given the security issues and the inherent inability to know whether or when a voter is expected to return. See Slides 41-43 11/25/2018 Texas Secretary of State

Notice Requirements, 1 For visit scheduled in response to EV clerk receiving 5 or more ABBMs for that RCF for that election (Sec (c)) (New Form) Includes “time or times” - e.g. date(s) and hours - voting will be held at the RCF Posted ASAP, but no later than 5th day before voting is to begin at the RCF Note: If you wait till 6th business day before Eday and want to conduct voting at the facility on the last day to do so (4th day before election day) you will not be able to post notice in a timely fashion. Posted by RCF Judges at RCF and by EV Clerk on County’s website Can just fax or to the RCF Administrator and instruct that the notice be posted. 11/25/2018 Texas Secretary of State

Notice Requirements, 2 EV Clerk must maintain list of RCFs in the EV clerk’s jurisdiction (Sec (d)) Post at courthouse or wherever you put public notices Must include name and address of each RCF, times voting will be conducted at each RCF and the names of the RCF Judges for each RCF. 11/25/2018 Texas Secretary of State

Notice Requirements, 3 For visit scheduled any time of the year by EV Clerk under (f) (New Form) Posted by EV Clerk At least 48 hours in advance of the visit Includes Dates voting will be conducted at the facility for each election Names of RCF Judges who will serve at the RCF Post at RCF and on County’s website. 11/25/2018 Texas Secretary of State

11/25/2018 Notice Requirements, 4 Notice to Relative (Sec ) (New Form) If relative of voter makes a written request to the RCF Judge, RCF Judge MAY notify the relative of the time(s) voting will be conducted at the facility. Request should be sent to the RCF Judges via the EV Clerk (mail, fax, ). 11/25/2018 Texas Secretary of State Texas Secretary of State Elections Division

Details on Voting At RCF- What to Do and How to Do it 11/25/2018 Texas Secretary of State

What Do you Send with RCF Judges, 1?
Balloting materials for “Pre-Applicants” - voters who have already submitted ABBM to EV Clerk (same as regular by-mail voter) Contained in larger envelope with Voter’s name on outside (Form 5-23B) Ballot (ballot style depends on where this voter is registered in your county) Ballot (Secrecy) envelope Carrier Envelope (be sure voter’s name is on Carrier) List of declared write-in candidates, if applicable SOR, if applicable Notice to Voter who must Provide ID & Reasonable Impediment Declaration Form, if applicable Notice regarding Postage, if applicable Dear Voter Letter 11/25/2018 Texas Secretary of State

Materials for Voters Applying to Vote at RCF (“On-site Applicants”) Ballot pertaining to the precinct in which the RCF is located for those residents who are registered AT the RCF and submit an application to vote to the RCF Judges on the day the RCF Judges are present at the facility Q – how will county know how many ballots to order for each precinct? Will need more for those precincts that have RCFs in them, not more than the number of individuals in that facility, shown as “Census” on the list provided by HHS. Will hopefully be able to be more accurate with this as time goes by. Ballot (Secrecy) envelope Carrier Envelope (be sure voter’s name is on Carrier) List of declared write-in candidates, if applicable SOR, if applicable Notice to Voter who must Provide ID & Reasonable Impediment Declaration Form, if applicable 11/25/2018 Texas Secretary of State

Other Materials List of individuals registered to vote at the facility Suggestion: Generate a list of registered voters for the precinct in which RCF is located, put that information into a spreadsheet, sort by address, retain only those voters registered at address of RCF. ABBMs for voters who wish to apply at the RCF (On-site Applicants) Secure bag or ballot container for transporting ballots back to EV Clerk NEW FORM Ballot Transmittal Form for Use at RCF for RCF Judges to record # of ballots voted, #of ballots issued, unused returned ballots, # of Pre-applicant ballots personally delivered to voters temporarily away from RCF, # of ballots left at facility (under Sec (c)), and # of unvoted pre-applicant ballots returned to EV Clerk. NEW FORM - Signature Roster – RCF Judge prints voter’s name and voter signs 11/25/2018 Texas Secretary of State

What happens at the RCF, 1? RCF Administrator must provide common space/allow posting of notices. RCF Judges arrive before time set to begin voting in order to get set up. Alert RCF director or administrator they are there. Set up in common space (tables, chairs, voting booths or privacy screens on tables) Be aware of accessible pathways Area shall allow voter to cast a secret ballot RCF Judges may bring balloting materials to voter’s private room, upon request of voter. Recommend 2 RCF Judges perform this Ask RCF Administrator which voters would like the Judges to visit their rooms 11/25/2018 Texas Secretary of State

11/25/2018 What happens at the RCF, 2? Arrange materials (prepared carrier envelopes for pre-applicants, RCF ABBMs, ballots, list of voters registered at facility, signature roster, etc.) By-mail procedure, so NO DREs and NO Provisional Voting, and no checking IDs (unless voter is listed as an ID Voter due to failing live check) Ch 85 applies, so no electioneering This is their living room – RCF Judges must be sensitive! Note HHS concerns re “living room” Be Sensitive. No distance marker, but try to limit electioneering as much as possible. Assistants take oath.. 11/25/2018 Texas Secretary of State Texas Secretary of State Elections Division

What happens at the RCF, 3? Pre-Applicants (voters who already submitted ABBM to EV Clerk) Check list of individuals for whom you have carrier envelopes prepared (FORM – EV clerk will need to provide this). Have materials ready to be distributed to these voters. Voter marks their ballot and then RETURNS carrier to RCF Judges, who then review carrier to make sure it is sealed and signed correctly Both RCF Judges then sign the carrier as witnesses (as witnesses to the procedure, not necessarily to the signature) and put “Residential Care Facility Election Judge” in the space where witness would normally put address. RCF Judge then place it in the secure bag or ballot container. 11/25/2018 Texas Secretary of State

What happens at the RCF, 4? Voter who is registered at RCF (has not previously submitted ABBM to EV Clerk) and Applies at RCF - “On-site Applicant” Allow voter to complete ABBM (use regular ABBM form) RCF Judge may serve as witness to signature if necessary, no limit on # of ABBMs they can witness RCF Judge must make notation on ABBM that it was made under TEC Section RCF Judge checks to see if ABBM is “properly completed.” E.G., make sure all required information is filled in. 11/25/2018 Texas Secretary of State

What happens at the RCF, 5? On-Site Applicant, cont. Check List of Voter Registered at RCF If voter is on list of registered voters, provide balloting materials and verbal instructions on proper completion of carrier. Voter returns sealed, signed carrier with ballot inside to RCF Judges, who then review carrier to make sure it is signed correctly and RCF Judges sign as witnesses (see slide 37). RCF Judges attach the application to the voter’s carrier (staple/paper clip) and put in secure container. In lieu of attaching ABBM to carrier, can place both into jacket envelope. 11/25/2018 Texas Secretary of State

Voter Not On List What if voter is not on the list of registered voters? Inform voter that if voter is not registered at the facility, the ballot may not be counted If voter wishes to proceed, let voter vote Once materials are delivered back to EV Clerk, EV Clerk will review ABBM and reject if voter is not in fact registered at the RCF. (Ballot would not be delivered to EVBB) 11/25/2018 Texas Secretary of State

Witness/Assistance at RCF, 1
ABBM completed by On-site Applicant If applicant needs assistance, this is done in the same manner as any other assistance in completing an ABBM (Sec ). RCF Judge must put title (no need to provide residence address) Individuals other than RCF Judges may assist/witness ABBM RCF Judge may serve as a witness for applicant who cannot sign; may witness unlimited number of RCF ABBMs (Sec (b)) Per (c), RCF Judge must review each RCF ABBM for completeness – this is NOT assistance under Sec 11/25/2018 Texas Secretary of State

Carrier Envelope - Action by RCF Judge Both RCF Judges sign EVERY carrier envelope on Assistant/Witness line, regardless of whether RCF Judge is actually serving as witness to the voter’s signature or as an assistant (Sec (d)) In the space for the address of the witness, RCF Judge writes in "Residential Care Facility Election Judge.“ If RCF Judge serves as witness to a voter’s signature or assistant for a voter under Section (e), RCF Judge should also check the appropriate box on the carrier. RCF Judges can serve as witness or assistant for unlimited number of voters at RCF 11/25/2018 Texas Secretary of State

Carrier Envelope action by relative of voter or other assistant not RCF Judge Regular by-mail assistance and witness laws and procedures apply (c) - “Seal the ballot” i.e., just as with other carrier envelopes, the RCF Judges must sign and add title on witness line. Note, a non-RCF Judge individual may only serve as a witness for one individual who is not a close relative 11/25/2018 Texas Secretary of State

Poll Watcher, 1 May be appointed by political party Form – Modified to add this category of appointment Name of PW submitted to CC/EA by COB on last business day before the date the PW is to observe voting at RCF Send ( , fax, etc.) copy of PW appointment form to CC/EA 11/25/2018 Texas Secretary of State

Poll Watcher, 2 PW presents certificate to RCF Judges as usual PW has same access to RCF as RCF Judges PW still cannot observe a voter being assisted by a person of their choosing(i.e., not by RCF Judge 11/25/2018 Texas Secretary of State

Leaving Ballot Package at RCF, 1
Texas Secretary of State Elections Division 11/25/2018 Leaving Ballot Package at RCF, 1 NOTE: This procedure only applies to pre-applicants Per Section (c), RCF Judge SHALL leave a “ballot package” for a voter who: Was a pre-applicant who was not present any time when the RCF Judges were at the facility; AND Is “expected to return” to the RCF before the deadline to return ballot by mail 7:00 pm on Eday (if not postmarked at all) 5:00 pm on next business day after Election Day, if postmarked by 7:00 on Eday. Best Practice: RCF Judges should ask RCF Administrator of whereabouts of any pre-applicant voters who have not shown up to vote. NOTE: Procedure will not be used often, due to inherent inability to know exactly when a voter is expected to return. If the RCF Administrator is not able to adequately assure the RCF Judges that a voter will be back before the deadline to return a ballot by mail, then the Judges need not leave a “Ballot Package” for that voter. 11/25/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/25/2018 Leaving Ballot Package at RCF, 2 Ballot package: Exactly what the EV Clerk would send to a regular by-mail voter Ballot Ballot (Secrecy) envelope Carrier Envelope (be sure voter’s name is on Carrier) Dear Voter Letter or other special Instructions List of declared write-in candidates, if applicable SOR, if applicable Notice to Voter who must Provide ID & Reasonable Impediment Declaration Form, if applicable Notice regarding postage, if applicable RCF makes necessary notation on “Ballot Transmittal Form for Use at RCF.” Due to inherent difficulty in knowing when/if voter will return and due to security issues, procedure used sparingly. 11/25/2018 Texas Secretary of State Texas Secretary of State Elections Division

Best Practice: Leave materials with Administrator or other senior official at RCF RCF Judges instruct RCF Administrator (or other senior official) to secure Ballot Packages in lockable cabinet, a safe, office that can be locked, etc.) Individual who actually provides ballot to voter must complete assistance information on carrier Voter returns carrier envelope in normal by-mail manner (by mail, courier, hand-delivery by voter) 11/25/2018 Texas Secretary of State

Delivery of Ballot Package to Voter at Temporary Location, 1
Texas Secretary of State Elections Division 11/25/2018 Delivery of Ballot Package to Voter at Temporary Location, 1 If pre-applicant is temporarily located at another location when voting is conducted at the facility (e.g., hospitalized): Both RCF judges may personally deliver the ballot package to the voter's temporary address, if known. Ballot may be returned by mail; or RCF Judges may accept the marked ballot personally. If RCF Judges do not deliver ballot package to voter, judges return ballot package to EV clerk, who then mails it to the voter either: at the address noted on the ABBM ( (a)); OR to the temporary address, if known ( (d)) No later than 4th day before Election Day, RCF Judges inform EV Clerk if individual eligible to vote under CH 107 was not able to vote when Judges visited RCF (Sec (a)) Note this applies only to pre-applicants As a practical matter, EV Clerk will be made aware of this when RCF Judges deliver ballots voted at RCF, since it will be clear that some pre-prepared balloting materials (for pre-applicants) have not been completed. As best practice, EV clerk should ask about this possibility when RCF Judges return voted ballots. Upon receipt of this information, EV Clerk mails balloting materials Not later than 4th day before Eday EV Clerk can mail materials to the RCF( (a)) OR to an address at which the voter is temporarily staying ( (d)) Such a voter may vote in person on Eday or by mail (Sec (b)) This voter can vote in person on Eday because EV clerk will not have notated on list of registered voters (epollbook) that voter voted early. See previous slide. QUESTION: How does this work vis a vis the procedure for leaving materials at the RCF? ANSWER: If balloting materials were left at RCF, voter in not included in the group of voters not able to vote at the RCF; there will be no materials to send to voter because materials have been left at RCF, and EV Clerk cannot mail another ballot to voter. 11/25/2018 Texas Secretary of State Texas Secretary of State Elections Division

Delivery of Ballot Package to Voter at Temporary Location, 2
Best Practice: RCF Judges should ask RCF Administrator of whereabouts of any pre-applicants voters who have not shown up to vote, if Administrator has not already informed Judges about any absent pre-applicant voters. 11/25/2018 Texas Secretary of State

Closing up Shop, 1 RCF Judges take all carriers, put in “secure” envelope, seal envelope, and sign over seal. Secure envelope is one that is sealable. Then put that envelope in inside a ballot bag or other container. Ballot bag/container must also have lock and/or tamper evident seal 11/25/2018 Texas Secretary of State

Closing up Shop, 2 Complete Ballot Transmittal Form for Use at RCF – RCF Judges record # of ballots voted, #of ballots issued, unused returned ballots, # of Pre-applicant ballots personally delivered to voters temporarily away from RCF, # of ballots left at facility (under Sec (c)), and # of unvoted pre-applicant ballots returned to EV Clerk. Signature Roster (may be placed in ballot bag or other container). 11/25/2018 Texas Secretary of State

Transport to EV Clerk, 1 As soon as possible after conducting voting at RCF, but not later than 18 hours after leaving the facility, the RCF Judges shall deliver the locked/sealed ballot bag or container to the EV Clerk. 11/25/2018 Texas Secretary of State

11/25/2018 Transport to EV Clerk, 2 QUESTION: What if voting is conducted at the RCF in a Saturday afternoon, and EV Clerk’s office is closed when RCF Judges attempt to deliver the ballot bag/container? ANSWER: Try not to allow the RCF Judges to set the schedule so that this will be the case. Make arrangements ahead of time for EV Clerk (or deputy) to be available to receive the ballot bag/container, and sign Ballot transmittal form (chain of custody) If RFC Judges do not deliver the ballots by the deadline, contact them to arrange immediate delivery. EV Clerk should still accept the ballots, as long as they are delivered by 7:00 pm on Election Day. OR by the 4th day before eday, since that is the deadline for EV clerk to mail leftover ballots to RCF voters who were not present at RCF when judges were there OR by the next business day after the 4th day, since the last day to vote at an RCF is 4th day and judges would still have 18 hours to deliver. PROBLEM! If we don’t accept these ballots until 7 pm on eday, then these voters will be harmed through no fault of their own. 11/25/2018 Texas Secretary of State Texas Secretary of State Elections Division

EV Clerk’s Review & Bookkeeping
Texas Secretary of State Elections Division 11/25/2018 EV Clerk’s Review & Bookkeeping EV Clerk reviews ABBM to see if voter was in fact eligible to vote under Ch. 107. If voter was not eligible, then EV clerk will treat as ballot not timely returned, store carrier, RCF ABBM, etc in jacket envelope for duration of retention period; ballot does not go to EVBB. If voter eligible, store in jacket envelope as with other ballots by mail (make sure ABBM is with the carrier for voters who applied at the RCF), add voter to roster, send this jacket envelope along with all the other by mail ballots to the EVBB when appropriate. EV Clerk must update list of registered voters that voter voted by mail. If a pre-applicant did not complete the carrier and the balloting materials were not left for the voter at the RCF, then no indication should be made on the list of registered (or e-pollbook) voters that the voter voted early. If this determination is made by the 11th day before election day, send voter a notice of rejected ABBM and a new ABBM If this determination is made by the 4th day before election day, send voter a notice of rejected ABBM 11/25/2018 Texas Secretary of State Texas Secretary of State Elections Division

EV Clerk’s Bookkeeping
Indicate on Early Voting Roster that voter applied under Ch. 107 Election Night Reports and Canvass need not separately list ballots cast at RCF; they are treated as ballots cast by mail When reporting voter history to TEAM, just note that voter voted early by mail (no special coding for this procedure). 11/25/2018 Texas Secretary of State

11/25/2018 Texas Secretary of State

HB 658 Voting at Residential Care Facilities

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