Events After the Election

Events After the Election
Texas Secretary of State Elections Division 12/9/2018 Events After the Election Presented by Krystine N. Ramon County Election Officials Election Law Seminar 2018 12/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Events after the Election
Forms and Documents Provisional Ballot Process Voter ID Requirements (“Cure” process) Statement of Residence Voter History 12/9/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division
Documents/Forms Procedural Forms Envelope No. 4 Summary of Provisional Ballots Verification of Provisional Ballots and Serial Numbers List of Provisional Voters Notice of Delivery (of Provisional Ballots) Provisional Ballot Affidavit Voter ID Forms Request for Temporary Exemption – religious/natural disaster Request for Disability Exemption Provisional Voters Appearing to Voter Registrar During Cure Period – “Cure List” Statement of Residence 12/9/2018 Texas Secretary of State Elections Division

Envelope No. 4 Precinct List of Registered Voters and Supplemental List (if any) Registration Correction List (18.003) Completed Statements of Residence Copy of Combination Form Or separate affidavits if applicable Voter with required documentation who is not on list (63.006) Omissions List (63.006) Must be delivered to VR next business day after custodian receives from Presiding Judge (PJ must deliver records not later than 24 hours after the polls close) The delivery must be at a place designated by the general custodian 12/9/2018 Texas Secretary of State Elections Division

Provisional Ballots TAC 81.174 & 81.175
12/9/2018 Texas Secretary of State Elections Division

Transferring Documents & Forms
The delivery must occur at a place designated by the general custodian of election records. The provisional ballot affidavit envelopes must be stored and transferred in a closed and sealed transfer case. The early voting clerk and the deputy early voting clerk shall accompany such delivery with the early voting list of provisional voters specific to such provisional ballot affidavit envelopes. This is if the general custodian is not Early Voting Clerk. 12/9/2018 Texas Secretary of State Elections Division

Transferring Documents & Forms
General custodian shall unseal and open the transfer case and verify that the number of provisional voters on the Early Voting List of Provisional Voters matches the number of Provisional Ballot Affidavit Envelopes contained in the transfer case. The general custodian of election records shall sign the Early Voting List of Provisional Voters evidencing the number of provisional voters per precinct and the number of Provisional Ballot Affidavit Envelopes to be forwarded to the Voter Registrar. The general custodian of election records shall prepare a Summary of Provisional Ballots listing each precinct and the number of Provisional Ballot Affidavit Envelopes for each precinct. Case shall include the Provisional Ballot Affidavit Envelopes, the Early Voting List of Provisional Voters, blank verification of provisional ballots and serial number forms, and seals sufficient to secure transfer. The custodian shall seal the transfer case. The seal number shall be placed on the Summary of Provisional Ballots. 12/9/2018 Texas Secretary of State Elections Division

Provisional Ballot Procedures
VR can take possession from general custodian of election: During early voting (rolling basis) On election night The next business day after the election Must post “Notice of Delivery” 24 hours before taking possession on election night (or during early voting). Please note that notice is required from VR and General Custodian. 12/9/2018 Texas Secretary of State Elections Division

Upon receipt of ballot box or transfer case containing provisional ballots and affidavits, VR shall sign the Summary of Provisional Ballots to verify that the box was intact and the seal was unbroken. VR breaks seal and unlocks the box VR completes Verification of Provisional Ballots and Serial numbers General Custodian shall supply extra seals to re-seal the transfer case to EVBB when review is complete. 12/9/2018 Texas Secretary of State Elections Division

Transfer box should contain: Summary of Provisional Ballots List of Provisional Voters Early Voting & Election Day Provisional Ballot affidavits - Extra Seals 12/9/2018 Texas Secretary of State Elections Division

The VR must keep the “List of Provisional Voters” together with the corresponding Provisional Ballot Affidavit Envelopes for that precinct. 12/9/2018 Texas Secretary of State Elections Division

Provisional Ballot Affidavit – Registration Issues
The Voter Registrar is required to determine and mark the voter’s registration status on the Provisional Ballot Affidavit 12/9/2018 Texas Secretary of State Elections Division

DPS Portal Advisory : Text in Qualifying Voters on Election Day, Election Judges and Clerks Handbook 2018: “If the provisional voter indicates they are registered, the election officer must ask the person if they registered at DPS. If person states they did register at DPS, the election officer must ask the person if the person knows the approximate date that the person went to DPS. The election officer must then note that the voter went to DPS and, if the person knows, the approximate date the person went to DPS, on the Provisional Ballot Affidavit Envelope in the “Other” line.” In accordance with Texas Election Code Section , this directive is meant to insure that persons who registered at the Texas Department of Public Safety (“DPS”) in a timely manner will have their provisional ballots counted. 12/9/2018 Texas Secretary of State Elections Division

DPS Registration Provisional Ballot Affidavit
An Election judge will need to mark box 7 “Other” on provisional ballot affidavit envelope and noted (1) That voter went to DPS and (2) the date voter visited DPS, if known. 12/9/2018 Texas Secretary of State Elections Division

Voter Registrar Review – DPS Portal
Reminder: Identify and separate provisional ballot affidavits showing voter registered through DPS, and process FIRST so DPS has time to research and respond. After provisional ballots are sent to the VR, VR will enter information into DPS web portal. Recommend this be done no later than noon on Friday, 11/09/18 DPS will research registration. If voter indicated desire to register or update registration, the voter’s registration is considered “submitted to the registrar” under Section of the Code as of election day. 12/9/2018 Texas Secretary of State Elections Division

UPDATED: Voter Registrar Review – DPS Portal
If voter indicated desire to register or update registration, the voter’s registration application is considered “submitted to the registrar” as of the date submitted to DPS. Section of the Texas Election Code. If voter DID NOT indicate desire to register or update registration, the voter’s registration application by provisional ballot affidavit envelope is considered “submitted to the registrar” on Election Day. Rule of the Texas Administrative Code. 12/9/2018 Texas Secretary of State Elections Division

Voter Registrar Actions Provisional Ballots with Registration Issues
VR will indicate on box 12 “Other” the Provisional Ballot Affidavit Envelope whether the voter was properly and timely registered and should have appeared on OLRV. 12/9/2018 Texas Secretary of State Elections Division

Provisional Ballot Procedures - Registration Issues
Provisional Ballot Affidavit Envelope serves as original voter registration application or change form. Effective Date: 30 days from the Election Date. Ex: Provisional voter fills out affidavit on Nov. 6, 2018 then Effective Date of Registration is Dec. 6, 2018. If the residence address is outside of the county, the VR will forward a copy of Provisional Ballot Affidavit to appropriate VR. The application source code for Provisional ballots is “53” using the Election Date as the registration date. 12/9/2018 Texas Secretary of State Elections Division

Provisional Ballot - Voter ID Requirements
If a voter does not have valid identification when voting, they have until the 6th day after election day to: Present a valid ID to the VR Complete a temporary exemption request Complete a disability exemption request Deadline moves to next business day if it falls on a weekend or legal state or federal holiday Voter Registrar’s office must remain open during regular business hours on regular business days (days that are not state or federal holidays) for 6 days following election day. 12/9/2018 Texas Secretary of State Elections Division

Voter ID Requirements The “Cure List” VR maintains list of voters that presented ID/applied for exemption during the “cure period.” 12/9/2018 Texas Secretary of State Elections Division

Voter ID Requirements Temporary Exemption Religious Objection Natural Disaster Not marked in TEAM Not kept with the voter registration record Attaches to Provisional Ballot Affidavit 12/9/2018 Texas Secretary of State Elections Division

Voter ID Requirements Permanent Exemption due to Disability Submit application showing proof of disability US Social Security Administration disability determination. Department of Veterans Affairs rating of at least 50% Application attached to original voter registration application Issue voter new certificate containing indication of disability exemption under (c) 12/9/2018 Texas Secretary of State Elections Division

Voter ID Requirements VR will mark the blank that best reflects the voter’s actions during the “cure period.” 12/9/2018 Texas Secretary of State Elections Division

Provisional Ballot Procedures - All Provisional Ballots
The VR will copy Provisional Ballot Affidavits for updating records. Voter Registrar will place the following in a transfer box that is resealed. All of the Provisional Ballot Affidavits, List of Provisional voters, Summary of Provisional Ballots, and Extra Seals VR will complete Verification of Provisional Ballots and Serial Numbers The general custodian or early voting ballot board presiding judge shall pick up the closed and sealed transfer cases and all other materials at the time, date and location designated by VR. May be more than one time. Delivery may in no event be later than 7th day EVBB convenes. 12/9/2018 Texas Secretary of State Elections Division

Statement of Residence
SOR is used when A voter has a change of residence, or Is on the suspense list VR is responsible for supplying election officials with SOR forms Completed in person on election day or sent with ballot by mail. 12/9/2018 Texas Secretary of State Elections Division

Statement of Residence
Effective Date of SOR: In Person: Date of submission to the polling place judge By Mail: date of review by the Early Voting Ballot Board Must retain SOR with voter’s original voter registration application 12/9/2018 Texas Secretary of State Elections Division

Voter History Must be submitted to SOS no later than the 30th day after the date of: Primary, Runoff Primary, General Election, or Any special Election Ordered by the Governor. Must be submitted in the record layout established by the SOS. 12/9/2018 Texas Secretary of State Elections Division

Voter History The record layout is obtained directly from SOS. 12/9/2018 Texas Secretary of State Elections Division

Voter History Voting History that is submitted to SOS must specify if the voter voted: Election Day Voted Early by Personal Appearance Voted Early by Mail under Chapter 86 (ABBM) Voted Early by mail under Chapter 101 (FPCA) 12/9/2018 Texas Secretary of State Elections Division

Checklist for General Custodian
Were the completed Provisional Ballot Affidavit Envelopes closed and sealed when I received them. Unseal and verify that the number of Provisional Voters on the List of Provisional Voters matches the number of Provisional Ballot Affidavit Envelopes recorded on the ballot register. Sign the List of Provisional Voters evidencing the number of provisional voters per precinct and the number of Provisional Ballot Affidavit Envelopes to be forwarded to the voter registrar. Prepare a Summary of Provisional Ballots listing each precinct and the number of Provisional Ballot Affidavit Envelopes received by that precinct. Place in a transfer case the Provisional Ballot Affidavit Envelopes; the corresponding List of Provisional Voters; blank Verification of Provisional Ballots and Serial Numbers forms, and seals sufficient to secure the transfer case. 12/9/2018 Texas Secretary of State Elections Division

Checklist for General Custodian
Seal each transfer case. The numbers on the seal shall be recorded on the Summary of Provisional Ballots Deliver case by end of Early Voting by personal appearance UNLESS Early Voting Clerk requests which can be rolling basis. MUST post 24 hr. notice before delivery. Deliver case by next business day after Election Day UNLESS the voter registrar requests case on election night. MUST post 24hr. notice before Delivery. IF VR makes request for election night then they MUST pick up case. 12/9/2018 Texas Secretary of State Elections Division

Checklist for Voter Registrar
Texas Secretary of State Elections Division 12/9/2018 Checklist for Voter Registrar During Early Voting delivery may be done on a rolling basis if requested by Voter Registrar. If not requested during early voting then delivery will be upon completion of early-voting-by-personal appearance period. If you want case on election night you must go pick up the case, and if not then will receive the case on the following business day of the election. Were the completed Provisional Ballot Affidavit Envelopes closed and sealed when I received them. You have 6 days to complete the review and office shall remain open during regular business days. Separate DPS registered voters to give to DPS for review first. Submit to DPS Friday by noon after Election Day. Disability exemptions must be proven. Complete "Cure List" Complete Provisional Ballot Affidavit Voter Registrar portion. Make copies of Provisional Ballot Affidavit. 12/9/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Checklist for Voter Registrar
Need to seal case before transfer back to general custodian or early voting ballot board presiding judge. The serial number of the seal shall be recorded on the Verification of Provisional Ballots and Serial Number form. Final designated time of delivery may in no event be later than the 7th Day the EVBB convenes after Election Day to count provisional ballots in accordance with §65.051(a) of the Code. The voter registrar must submit voter history to the Texas Secretary of State no later than the 30th day after the date of: primary, runoff primary, general election, or any special election ordered by the Governor. It must be submitted in the record layout established by the Texas Secretary of State. You must send the Texas Secretary of State counted and rejected votes. 12/9/2018 Texas Secretary of State Elections Division

Questions? elections@sos.texas.gov
12/9/2018 Texas Secretary of State Elections Division

Events After the Election

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