1. Texas Secretary of State Elections Division
11/27/2018
Early Voting by Mail
ELECTION LAW SEMINAR
For
County Election Officials
Caroline Geppert
August 2015
11/27/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. TOPICS COVERED IN EVBM OUTLINE
Who runs early voting?
Who can vote by mail?
How to vote by mail.
Witness and Assistance rules and procedures.
Cancellation of ABBMs
Mailing balloting materials to voter.
Receiving the ballot by mail.
11/27/2018
Texas Secretary of State Elections Division

3. Texas Secretary of State Elections Division
Early Voting Clerk
County – CC/EA (by law, contract, or joint election agreement
City – City Secretary
School/Others – Appointed by Governing Body
Qualified voter of political subdivision, OR
Permanent employee of political subdivision & registered in TX
Deputy Early Voting Clerks – Permanent/Temporary
11/27/2018
Texas Secretary of State Elections Division

4. Texas Secretary of State Elections Division
WHO CAN VOTE BY MAIL?
65 or older on Election Day
Annual ABBM
Voter With a Disability
Absent from County during Early Voting and on Election Day
Confined in Jail
In Address Confidentiality Program
11/27/2018
Texas Secretary of State Elections Division

5. Texas Secretary of State Elections Division
How to Vote By Mail
Complete & Submit Official or Informal Application
In writing
Signed by applicant or witness
NEW LAW – HB 1927 – A non-relative may only witness 1 Annual ABBM per year.
Contain Applicant’s Name
State Registered Residence Address
Contain Address to which ballot to be mailed
State Grounds for voting by mail
Indicate Type and Date of Election
11/27/2018
Texas Secretary of State Elections Division

6. Texas Secretary of State Elections Division
How to Submit an Application
Filing Period- NEW LAW (HB 1927)
11th day, unless weekend or holiday, in which case previous business day
All ABBMs - January 1 (effective date of HB 1927 – 9/1/15)
Annual ABBMs – 60 days before January or February Election, good for following year
Runoff rule – always good for runoff if by 11th day
Delivery
In person by voter, before early voting in person begins
Regular Mail
Common or Contract Carrier
NEW LAW (HB 1927) delivery
11/27/2018
Texas Secretary of State Elections Division

7. Texas Secretary of State Elections Division
Delivery of ABBM
Voter may send COMPLETED, SIGNED, SCANNED ABBM via to address designated by EV Clerk
EV Clerk designates address to be used
On SOS website
Recommend including in Order and Notice of election, along with Office Hours of EV Clerk
11/27/2018
Texas Secretary of State Elections Division

8. Email Delivery of ABBM, cont.
FAQ:
Q. What is the deadline to receive the ed ABBM?
A SAME as for all Other Methods - Before the close of regular business in the EV Clerk’s office, or 12 noon, whichever is later, on the 11th day before election day (unless weekend or holiday, etc.)
Q. What if the voter sends the to an address in the political subdivision other than the designated one?
A. Same as if faxed to different division: If an ed ABBM is forwarded to you by another division within your political subdivision, we recommend that you accept and process the ABBM, unless it is already election day.
11/27/2018
Texas Secretary of State Elections Division

9. Texas Secretary of State Elections Division
Review of Application for Ballot by Mail
Timeliness
Proper Delivery (mail, common/contract carrier, fax, in person by voter, )
Correct Clerk (if not, forward)
Registration Status (if on suspense, send SOR)
Residence and Mailing Address/SOR
Additional Considerations (outside county, disability, 65 or older)
11/27/2018
Texas Secretary of State Elections Division

10. Texas Secretary of State Elections Division
Accepting Application
Place in Jacket Envelope
Place Voter’s name on Early Voting Roster
Indicate on Roster ballot was mailed
Add voter’s name to precinct list of early voters
Make notation on list of registered voters that voter was mailed a ballot
11/27/2018
Texas Secretary of State Elections Division

11. Texas Secretary of State Elections Division
Rejecting Application
Mail/otherwise deliver notice of rejection
NEW LAW (SB 1703) - Include new ABBM if original received on or before 18th day before election day
Keep rejected application in file & attach copy of rejection letter
11/27/2018
Texas Secretary of State Elections Division

12. Texas Secretary of State Elections Division
Cancelling Application
Request must be
In Writing (not verbal)
Specify election (single-time cancellation, unless voter specifically requests cancellation of Annual ABBM)
Be received by 3rd day before election day
Exceptions
NEW LAW (HB 1927) – Cancellation is for a single election only and does not cancel the Annual ABBM unless the voter explicitly requests cancellation of Annual ABBM.
11/27/2018
Texas Secretary of State Elections Division

13. Options & Instructions to Cancel ABBM
Cancelling prior to 3rd day before election and before ballot is returned to early voting clerk (84.032(a),(b)):
Voter must complete and sign Request to Cancel Application for a Ballot By Mail OR send the early voting clerk a written, signed statement that the voter wishes to cancel their ABBM.
Voter is NOT required to return ballot by mail, sign an affidavit, or submit a Notice of Improper Delivery.
If voter cancels no later than the 3rd day before election day and before the ballot is received by the early voting clerk, the voter may vote a regular ballot at the early voting or election day polling place.
NOTE: A voter will have been sent a “Notice of Improper Delivery” if the voter’s ballot is returned before the start of early voting by personal appearance but the voter’s ballot was returned in violation of Section
11/27/2018
Texas Secretary of State Elections Division

14. Options & Instructions to Cancel ABBM
Cancelling on or after 3rd day before election day - after early voting in person is over, through election day (84.032(c)):
Voter must:
Appear in person to early voting clerk,
Complete and sign “Request to Cancel Application for a Ballot By Mail,” and return the by-mail ballot to the clerk OR execute an Affidavit that the voter did not receive the ballot by mail.
Voter should receive a copy of the Cancellation Request form and may vote a regular ballot after showing a copy of the form to the election day judge.
11/27/2018
Texas Secretary of State Elections Division

15. Options & Instructions to Cancel ABBM
Cancellation during the early voting period at early voting polling place OR on election day at election day polling place (Section (d)).
Voter must
Appear in person at the early voting or election day polling place,
Complete and sign Request to Cancel Application for a Ballot By Mail, and return the by mail ballot OR present a Notice of Improper Delivery to the election official.
Voter then votes a regular ballot in the polling place. A voter who wishes to cancel at the early voting or election day polling place and who does not have the ballot or the Notice can only do so by voting provisionally.
11/27/2018
Texas Secretary of State Elections Division

16. Options & Instructions to Cancel ABBM
Cancellation after by-mail ballot was returned to early voting clerk but BEFORE ballot has been delivered to the early voting ballot board (Sec (e)). 
Voter must:
Appear in person to the early voting clerk,
Complete and sign Request to Cancel Application for a Ballot By Mail, and execute an Affidavit that the voter did not mark the ballot.
Voter should receive a copy of the Cancellation Request form and may vote a regular ballot after showing a copy of the form to the early voting or election day judge.
11/27/2018
Texas Secretary of State Elections Division

17. Texas Secretary of State Elections Division
Cancellation, cont.
NOTE: A voter who is attempting to vote
At an early voting or election day polling place,
Who has not already appeared in person with the EV Clerk at that person’s office to cancel the ABBM, AND
Who does not have either the ballot to surrender or a Notice of Improper Delivery
May only vote Provisionally and does NOT also need to fill out the Request to Cancel Application for a Ballot By Mail.
11/27/2018
Texas Secretary of State Elections Division

18. Texas Secretary of State Elections Division
Cancellation, cont.
Review cancellation request
If Cancellation approved, EV Clerk should
give voter notice that application was cancelled (can simply give the voter a copy “Request to Cancel Application for a Ballot By Mail) ;
voter presents this form to the precinct election judge (voter should then be allowed to vote a regular ballot).
take voter's name off early voting roster;
remove notation on list of registered voters that voter was mailed a ballot;
if voter's name has already been added to early voting precinct list, remove name unless list has already been delivered to election day precinct judge;
attach request to voter's application; and
retain during the period for preserving election records (6 months for a non-federal election, otherwise 22 months).
If Cancellation denied, EV Clerk should
notify applicant that request was denied; and
state reason.
11/27/2018
Texas Secretary of State Elections Division

19. Texas Secretary of State Elections Division
Mailing Ballot to Voter
Mail to the Voter:
Ballot
Ballot envelope
Carrier Envelope
List of declared write-in candidates
SOR, if applicable
Dear Voter Letter or other special Instructions
Notice regarding postage
11/27/2018
Texas Secretary of State Elections Division

20. Deadline to Mail Ballots
Mail ballots no later than the 45th day before election day:
NEW LAW (HB 2778) – to all military or overseas voters who submitted their ballot request via an FPCA or a standard ABBM and indicated that they are outside the United States.  Ballots must be mailed by this date or the 7th day after the clerk receives the application.  If the early voting clerk cannot meet this 45th-day deadline, the clerk must notify the Secretary of State within 24 hours. (Secs (b), ).
For all Other Voters (not Military or Overseas):
EV Clerk must mail the balloting materials not later than the 7th day after the later of:
(1) the date the EV Clerk has accepted a voter’s application for a ballot by mail or
(2) the date the ballots become available for mailing. However, if the 7th day falls earlier than the 45th day before election day, the voter’s mail ballot must be mailed no later than the 38th day before election day.  (Sec (a)).
11/27/2018
Texas Secretary of State Elections Division

21. Texas Secretary of State Elections Division
Assisting Voter
In marking/reading ballot if physical disability/inability to read/mark ballot
Assistant signs oath, states name/address
Unlimited if comply with requirements
Offenses
Assistant does not provide name/address
Compensation based on number of voters assisted
Unlawful assistance
To voter not eligible for assistance
Prepares ballot other than voter directs
Suggests how voter should vote
Voter did not request assistance
11/27/2018
Texas Secretary of State Elections Division

22. Receiving Early Voting Ballot By Mail
Time of receipt – by 7:00 pm on election day
unless coming from overseas (then, 5th day after election day)
Submission/Delivery of Carrier Envelope
Mail
Common or Contract Carrier
NEW LAW – HB 1927: Hand-Delivery By Voter
Delivered directly to EV Clerk’s Office
By the Voter whose Ballot it is
During the Hours Polls are Open on Election Day
Voter Must Show Acceptable ID (and sign in)
Cannot be done by Agent or Assistant
Secure ballot just as you would a ballot delivered by any other method
11/27/2018
Texas Secretary of State Elections Division

23. Receiving Early Voting Ballot By Mail
Action on timely/properly returned ballots
Open delivery envelope
Place delivery envelope in jacket envelope
More than one carrier in delivery envelope
Registered at same address?
Seal Jacket Envelope, keep in safe place, deliver to EVBB
11/27/2018
Texas Secretary of State Elections Division

24. Receiving Early Voting Ballot By Mail, cont.
Ballots not timely-returned (or treated as such)
Improper delivery
Possession of another person’s carrier envelope
Enter time of receipt on carrier, retain carrier, preserve unopened carrier
Deliver written notice to voter (voter may present notice and vote on election day)
Defective Carrier timely returned
E.g., voter fails to sign – (d)
11/27/2018
Texas Secretary of State Elections Division

25. Carrier Envelope Criminal Offenses
Witness on carrier envelope fails to provide name/residence address
Person mails another voter’s ballot and does not provide signature, name, address.
No offense if relative or registered at same address for either of above offenses
Compensation for collecting and mailing carrier envelopes if based on number of ballots mailed.
Buying or selling of ballot/balloting materials (appears in outline after signature verification committee).
11/27/2018
Texas Secretary of State Elections Division

26. Availability of EVBM Records
ABBM & Carrier Envelope
Original and copies of the ABBM and carrier envelope are not available for public inspection until the first business day after the election. [Sec (b)]
Annual ABBM is not available for public inspection (except to the applicant herself) until the first business day after the election day of the latest occurring election for which the application is submitted.
11/27/2018
Texas Secretary of State Elections Division

27. Availability of EVBM Records, cont.
EV Rosters
Information on the early voting roster for a person to whom a ballot has been mailed is not available until the 1st business day after election day. [Sec (f)]
Except to a voter seeking to verify the accuracy of his or her own ballot by mail. [Sec (f)]
Except - name of a voter who voted by mail is available no later than the day following the day the early voting clerk receives the ballot. [Sec (h)]
NOTE #1: We recommend that you create two rosters for your mail ballots—one for ballots that have been mailed but not returned and a separate list of ballots by mail that have been received. Neither roster should explicitly state that a voter on the list has submitted an Annual ABBM.
NOTE #2: If you receive a request under the Public Information Act for a copy of the List of Annual ABBM voters (created under Section ), we strongly suggest that you request an Open Records Decision from the Texas Attorney General’s office to see if you can withhold the list until the last election for which the Annual ABBM is effective.
11/27/2018
Texas Secretary of State Elections Division

28. Texas Secretary of State Elections Division
Annual ABBM
New laws and procedures concerning Annual ABBMs will be covered in the next session.
Annual ABBM Q&A to follow Annual ABBM presentation
11/27/2018
Texas Secretary of State Elections Division