TMCCP Presents Election Law Seminar. January 25-26, 2018, Frisco, Texas HANDOUT FOR. Early Voting. with speakers

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1 TMCCP Presents Election Law Seminar January 25-26, 2018, Frisco, Texas HANDOUT FOR Early Voting with speakers Marie Balthrop, TRMC, City Secretary, Holliday, Alicia Richardson, TRMC, City Secretary, North Richland Hills, & Doris Speer, TRMC, City Secretary, Tomball Texas Municipal Clerks Certification Program 1155 Union Circle #305067, Denton, Texas municlerks.unt.edu

2 TMCCP Election Law Seminar Early Voting for Early Voting Clerks 1 TMCCP Election Law Seminar MARIE BALTHROP, TRMC, CMC City of Holliday (940) ALICIA RICHARDSON, TRMC,CMC City of North Richland Hills (817) DORIS SPEER, TRMC City of Tomball (281) What are we covering today? Types of Early Voting Early Voting Period Preparing for Early Voting Election Order and Notice EV Polling Places (Main & Branch) EV Clerks/Deputy Clerks Early Voting by Personal Appearance Early Voting by Mail Early Voting Ballot Board Late Voting by Disabled Voters Resources 3

3 Early Voting Early voting by personal appearance Two types of early voting required in every election. [EC81.001] Early voting by mail 4 Early Voting Period May Uniform Election date April 23, 2018 thru May 1, 2018 Early Voting begins 12 days before and ends 4 days before election day (EC )(e) Early voting period < 6 days one 12 hour day is required > 6 or more days two 12 hour days are required. For November elections, Early voting begins on the 17 th day before the election and ends on the 4th day before election day. 5 EARLY VOTING WHAT TO DO BEFORE IT STARTS Prepare an early voting calendar with all important dates. Obtain forms and supplies. Prepare candidate packets. Be knowledgeable of city s charter regarding elections. 6

4 Order vs. Notice Election Order A record documenting action taken by the governing body to call/order an election. Election Notice A notice advising the public of an upcoming election. Created after the election is ordered. Posted and published in accordance with the EC [EC 4.003] 7 Order vs. Notice ORDER [EC 3.006, , & ] NOTICE [EC 4.004, , & ] Date of Election Date of Election Office/Measures to be voted on The nature of the election Location of Main EV Polling Place Location of Main EV Polling Place EV Dates (if later than the standard Location of each Polling Place date) located within the Election PCT Filing Deadline, if special election to fill a vacancy Dates (EC ) and Hours the Polls will be Open If Emergency Election nature of emergency Special Election state each office to be filled or the proposition stating each measure to be voted. Other? Review Statute and/or Charter provision 8 Election Order Secretary of State has prescribed a general form for a municipal election ordered by the Mayor and City Council (SOS Form AW1-2). Form can be adapted as needed for the particular type of election, the issuing authority, and any additional information that is required in the order. A copy of the election order must be delivered to the County Clerk/Elections Administrator and Voter Registrar not later than 60 days before election day. 9

5 Election Order Joint election in which the city secretary or the county clerk is NOT the early voting clerk, the following additional information must be in the election order: (1)Dates and hours for early voting. [EC (a) (2)] (2)Dates and hours for voting on Saturday and Sunday. [EC (a) (3)] (3) Early voting clerk s official mailing address. [EC ] except for an election where the City Secretary is the Early Voting Clerk. [EC ] 10 Election Notice Must state: - location of main early voting location - date early voting in person begins (if other than prescribed date); - regular dates & hours early voting in person will be conducted; - date and times of Saturday and Sunday voting if ordered. - Recommended - Include branch locations dates and hours. ***SOS Form AW1-10 provides the suggested format.*** 11 Notice of Election Must be published at least once not earlier than the 30th day or later than the 10th day before election day in English and Spanish [EC 4.003(a)(1)]. The election notice must be posted on the website of the authority ordering the election, if the authority maintains a website [EC (d)(1)]. 12

6 Notice of Election Must be posted on the bulletin board used for posting notices of city council meetings not later than the 21st day before election day (Saturday, April 14th) and remain posted through election day and must be in English and Spanish [EC 4.003(b)]. Note: Some counties require additional language requirements Main Early Voting Polling Place Location - every election must have a main early voting polling place, which is located: in the building that houses the city secretary s office; or if there is not a practical location in that building the city council may designate another place as near as practicable to the city secretary s office. (EC ) All voters may vote at the main early voting polling place. (EC ) 15

7 Temporary Branch Early Voting Polling Place City council may designate any one or more branch early voting polling places other than the main early voting polling place and locate them in stationary structures. Establishment of and procedures for branch early voting polling places is covered in EC Early Voting Clerks The city secretary is designated as the early voting clerk for cities. [EC ] The city secretary may appoint both permanent and temporary deputies to assist with early voting. [EC ] A deputy early voting clerk has the same authority as the early voting clerk, subject to the early voting clerk s supervision. [EC (c)] 17 Early Voting Clerks PERMANENT DEPUTIES A permanent deputy city secretary need not be a qualified voter to be appointed deputy early voting clerk. (EC ) TEMPORARY DEPUTY EV CLERKS Must be a qualified voter of the city and meet the requirements of a presiding election judge.[ec (b)(1)] PERMANENT EMPLOYEES OF THE AUTHORITY ORDERING THE ELECTION WHO SERVE AS A TEMPORARY DEPUTY Must be a qualified voter of Texas, but are not required to be a qualified voter of the territory covered by the election. [EC (b)(3)] 18

8 Early Voting Clerks ALL election workers (clerks and judge) must wear a tag or badge with the person s name and title or position. [EC (b)] y Joe Frida Clerk n o ti c le E 19 Early Voting Clerks - Ineligibility Ineligibility of Candidate for Office [EC ] Candidate in election for a contested public or party office Ineligibility of Employee or Relative of Candidate [EC ] Employed by or related within the second degree of consanguinity or affinity to an opposed candidate Ineligibility of Campaign Treasurer Manager [EC and ] or Campaign 20 Early Voting Clerks Student Election Clerks: Section Special Eligibility Requirements: Certain high school students are eligible to serve as election clerks if: he/she is a current student of an educational institution or home school 16 years of age or older, and U.S. citizen. The student must also have the consent of his/her principal (or legal guardian for a homeschooled student) and complete any training course required by the entity holding the election. 21

9 Main Early Voting Place Notices The City Secretary must post a sign at the entrance to the room or area where early voting will take place that states EARLY VOTING POLLING PLACE [EC (c) (1)] 22 Main Early Voting Place Notices Must post a sign at the 100 foot distance which states in large letters: DISTANCE MARKER NO ELECTIONEERING BETWEEN THIS POINT AND THE ENTRANCE TO THE EARLY VOTING POLLING PLACE. (EC ) Note: 100-feet from entrance to building (not CS office) and from each entrance to building. 23 Main Early Voting Place Additional Notices/Signs/Forms Form Form No. Statute / Law Version Date Voter Information Poster SOS 7-7 EC , , & /2016 Notice of Acceptable form of ID SOS EC AW13-8 9/2016 Instruction Sign Casting Paper Ballots Casting a Digital Scan Ballot (revised) SOS EC and AW / /2015 Voter Complaint Information SOS 7-7a EC /

10 Main Early Voting Place Additional Notices/Signs/Forms Form Form No. Statute / Law Version Date Notice of Certain Devices w/in 100 of voting station SOS AW7-9 EC , , & /2012 List of Declared Write-In Candidate SOS AW2-12 EC /2007 Sample Ballot EC Notice - Total Number of Voters SOS who have voted AW7-8 EC (c) 3/2007 Notice of Voting Order Priority (voters EC /2017 SOS AW7-7b 25 Main Early Voting Place Additional Notices/Signs/Forms Form Form No. Statute / Law Version Date Combination Forms, Poll List, Signature Roster, Oaths and Affidavits 5-20 EC Chapters 63,81,85,87 and /2018 List of Registered Voters (Provided by voter registrar) EC Registration Omission List AW7-27 EC (b) 8/13 Statement of Residence B EC /17 List of ID Voters (revised) SOS AW5-8 EC /2016 Notice to Provisional Voter Receipt AW7-15a EC /09 EV List of Provisional Voters (revised) AW7-26 EC /13 26 USE OF CELL PHONES IN AMERICA 27

11 CELL PHONE USAGE MAIN EARLY VOTING PLACE Can a voter use a cell phone in the polling location? Can a poll watcher use a cell phone in the polling location? Can a judge use a cell phone in the polling location? SECURITY Ballot boxes must be double-locked (2 different locks/keys), have wire hasps, and a ballot box seal (EC ) Early Voting Clerk keeps the key to one lock, and second lock goes to Police Chief. Each custodian shall retain custody of their key until delivered to the early voting ballot board. (87.032) Lock the secured ballot boxes and ballots in a secure location. After tabulation, key to the second lock goes to the custodian of keys to ballot boxes for preserving voted ballots after the election; 30

12 Watchers During Early Voting Watchers may only be appointed (SOS Form 4-16) by: a candidate a declared write-in candidate a political party; or Campaign treasurer's or asst. campaign treasurers of a specific purpose political committee that supports or opposes the measure. Appointment, eligibility, and service of watchers is covered in Chapter 33 of EC 31 WHO IS ALLOWED IN THE POLLING PLACE? Election workers Voters Observers Interpreters Assistants Law Enforcement (at request of Election Judge) Minors (under 18 with parent) 32 CANDIDATES A candidate (and their campaign representatives) may be in the polling place for: Voting Providing assistance to a voter Conducting official business in the building Bystanders and candidates are excluded from the polling place except when voting. (EC ) 33

13 34 Early Voting by Personal Appearance 35 Voting Period May Election For the May Election, Early Voting by personal April 23, 2018 appearance begins the 12th day before election day and continues through the 4th day before May 1, 2018 election day. Note: For November Election, EV begins the 17th day before; and ends the 4th day before. 36

14 Dates and Times of Early Voting If the EV clerk is... Where? When? Hours? City Secretary Main EV Polling Place Weekdays during EV Period Hours that City Secretary s Main business hours are regularly open for business. County Elections Officer Main EV Polling Place Weekdays during EV period Hours that the County Elections Officer s main business office is regularly open for business. Other EV Clerk Main EV Polling Place Weekdays during EV Period If 1000 or greater = at least 8 hours each weekday of EV. If less than 1000 = At least 3 hours each weekday of EV period. EC Voting by Personal Appearance All voters may vote at the main early voting polling place [EC ] Any voter who is entitled to vote an early voting ballot by personal appearance may do so at any branch polling place in the territory served by the early voting clerk. [EC (a)] BUT: they must be accepted for voting. 38 Expiration Date of List A IDs New Law - SB 5, effective January 1, 2018 A voter aged 70 or older may use any List A ID, no matter for how long it has been expired (including if it is expired for more than 4 years); the 4 year limit will continue to apply, however, for voters aged under SB 5. 39

15 Acceptable Photo ID- List A There are 7 forms of acceptable ID (current or have expired no more than four years): 1. Texas driver license issued by the Texas Department of Public Safety (DPS); 2. Texas Election Identification Certificate issued by DPS; 3. Texas Personal Identification Card issued by DPS; 4. Licenses to carry a handgun issued by DPS (including Concealed Handgun Licenses); 5. United States Military Identification Card containing the person s photograph; 6. United States Citizenship Certificate (including Certificate of Naturalization) containing the person s photograph; 7. United States Passport (book or card is acceptable); 40 Supporting Forms of ID- List B If voter does not possess an ID from List A, and cannot reasonably obtain an ID from List A, they may present one of the following forms of ID with an executed Reasonable Impediment Declaration : 1. Valid voter registration certificate; 2. Copy or original of a current (within 2 months of presentation) utility bill; 3. Copy or original bank statement; 4. Copy or original government check; 5. Copy or original paycheck; 6. Copy or original certified copy of a birth certificate *Note - SB 5 allows a copy of a certified domestic birth certificate 41 Reasonable Impediment Declaration The voter must indicate one of the following impediments: Lack of transportation Disability or illness Lack of birth certificate or other documents needed to obtain photo ID Work schedule Family responsibilities Lost or stolen photo ID Photo ID applied for but not received Other reasonable impediment (the voter must provide a description) *SB 5 removed category. 42

16 Reasonable Impediment Declaration Don't: Question or challenge voter regarding inability to obtain ID on List A ; Question the voter s reasoning or validity for impediment; Make a copy of the voter s List B identification; Write down information relating to voter s List B identification; e.g, state, DL number, DOB, or bank account number, etc. SB 5: Upon completion of declaration, election worker must affix voter s VUID to declaration and notate on combination form that declaration was used by voter. 43 Texas Driver s License Photograph: Texas law requires the ID to have a photograph of the voter. Expiration Date: Per must be valid, or expired no more than 4 years. SB 5 - does not apply to those 70+ years of age Name: If the voter s name on list of registered voters in the precinct, does not match exactly to the ID provided, a Substantially Similar Name Affidavit must be completed by the voter. 44 Election Identification Certificate (EIC) Photograph: Texas law requires the ID to have a photograph of the voter. Expiration Date: Per must be valid, or expired no more than 4 years. SB 5 - does not apply to those 70+ years of age. Name: If the voter s name on list of registered voters in the precinct, does not match exactly to the ID provided, a Substantially Similar Name Affidavit must be completed by the voter. 45

17 Texas Personal Identification Card Photograph: Texas law requires the ID to have a photograph of the voter. Expiration Date: Per must be valid, or expired no more than 4 years. SB 5 - does not apply to those 70+ years of age. Name: If the voter s name on list of registered voters in the precinct, does not match exactly to the ID provided, a Substantially Similar Name Affidavit must be completed by the voter. 46 License to Carry a Handgun Photograph: Texas law requires the ID to have a photograph of the voter. Expiration Date: Per must be valid, or expired no more than 4 years. SB 5 - does not apply to those 70+ years of age. Name: If the voter s name on list of registered voters in the precinct, does not match exactly to the ID provided, a Substantially Similar Name Affidavit must be completed by the voter. 47 Certificate of U.S. Citizenship REMEMBER Certificates of Citizenship do not expire. 48

18 Uniformed Services ID Cards Green Generally for members of the Individual Ready Reserves and Inactive National Guard. Blue Generally for retirees, and members on Disability Retired Lists. Pink Generally for retired members of the Reserves and National Guard under the age of 60, and certain dependents. Orange Generally for certain dependents (active duty), Medal of Honor recipients, disabled veterans, and others. 49 U.S. Passport Book U.S. Passport 50 U.S. Passport Card Allows entry from Canada, Mexico, the Caribbean, and Bermuda at land border crossings or sea ports-of-entry. Wallet Size. 51

19 ACCEPTING A VOTER 1. When the voter arrives at a polling location, the voter will be asked to present one of the seven acceptable forms of photo ID. 2. Voter is located on List of Registered Voters. 3. Have you moved? 4. Check-in Voter. 5. Voter Signs Combination and Accepts Applicable Affidavits. 6. Voter Casts Ballot 52 NEW: HB658 An election judge may, on the voter s request allow a voter with mobility problems to skip the line. This is not automatic, and is permissive for the judge and the voter. Notice of this will be posted in each polling place. Individual assisting voter with mobility problems may be accepted to vote concurrently with voter. 53 Step 1 Voter Identification Election workers should ask each voter to present identification. The voter should be asked whether they possess one of the 7 forms of acceptable forms of photo ID on List A that is either current or not expired more than four years. (SB 5 - a voter aged 70 or older may use any List A ID, regardless how long IDhas been expired.) If the voter says yes, the voter is required to present that form of photo ID. If the voter informs you that they possess an acceptable form of photo ID, but did not bring it to the polling place, the voter has two options: leave and return with the acceptable form of photo ID before polls close, or; vote a provisional ballot and bring the acceptable form of photo ID to the voter registrar within 6 days of the election date to cure their ballot. 54

20 Step 1 Voter Identification If the voter says no, ask the voter if he or she cannot reasonably obtain one of the acceptable forms of photo ID on List A. If the voter indicates they cannot, you must inform the voter that he or she can present a supporting form of ID on List B and complete a Reasonable Impediment Declaration. If the voter presents a supporting form of ID and completes the Declaration, the voter will then complete their check-in, and proceed to the voting booth to cast a regular ballot SB 5: Upon completion of declaration, election worker must affix voter s VUID to declaration and notate on combination form that declaration was used by voter. ***The poll worker may not question the reasonableness of the voter s reasonable impediment or the truth of the declaration 55 Step 2 List of Registered Voters Locate the voter s name on the List of Registered Voters, and: 1. Confirm registration status; 2. Confirm name is the same or substantially similar 3. Look for "voted" notation, if mailed ballot by mail. 4. Check for suspense list status ( s notation). 56 Names are Identical If the voter s name on the List of Registered Voters is identical to the name on the ID, the voter will proceed as usual. Voters with similar name will need to initial affidavit on Combination Form. Statement of Residence/Name Change to update records. 57

21 Names are Substantially Similar EC (c); 1 T.A.C In determining whether voter s name on voter s ID and on list of registered voters are substantially similar, election worker should consider whether information on the presented ID document matches elements of voter s information on the official list of registered voters, such as: Residence Address Date of Birth Photograph 58 Step 3 Have You Moved? Clerks must ask EVERY voter if they still live at the address shown on the List of Registered Voters. There is no correct form of this question Is this still your correct address? Are you still at 123 Texas Drive? 59 The address on a voter s ID does NOT have to match their voter registration address! 60

22 Step 4 Check-In Voter 61 Step 5 Voter Signs Combination Form and Accepts Applicable Affidavits Please ask the voter to sign their name in the appropriate location. If the voter needs to accept either or both the Affidavit for Voter Not on List or Similar Name Affidavit, please ask the voter to initial in the appropriate location. 62 Step 6 Voter Casts Ballot 63

23 64 Provisional Voting If a voter does not have proper identification the voter will still be permitted to vote provisionally have a six (6) day cure period * to present proper identification to the county voter registrar, or the voter s ballot will be rejected. * Cure period=day the voter casts provisional ballot through the 6th day after the election (extended due to weekend or holiday.) 65 Provisional Voting (Con t) The cure period allows a voter who voted provisionally because he/she did not meet the ID requirements to present to voter registrar: (1) One of the seven (7) forms of identification (2) Documentation to support a disability exemption; OR 66

24 Provisional Voting (Con t) To execute in the presence of voter registrar an affidavit stating: Voter has a religious photographed; or objection to being Voter does not have any identification meeting the requirements of Section (b) as a result of a natural disaster that occurred not earlier than 45 days before the date the ballot was cast. 67 Provisional Voting PROVISIONAL VOTING WILL BE AVAILABLE TO THE FOLLOWING VOTERS: Any individual who comes into the polling place is eligible to cast a provisional ballot. An individual whose name is not on the list of registered voters, does not have a VR certificate, and whose registration cannot be verified by the Voter Registration; An individual without identification or a VR certificate; An individual registered to vote but attempting to vote in a precinct other than the one in which the voter is registered; An individual who has applied for a ballot by mail but has not yet cancelled the ballot; An individual with an ID notation by his/her name on the list of registered voters who does not present an acceptable form of 68 identification. *PROVISIONAL VOTING WILL BE COVERED IN A SEPARATE SESSION Exemption Voters with a disability may apply with the county voter registrar for a permanent exemption. The application must contain written documentation from either the U.S. Social Security Administration evidencing he or she has been determined to have a disability, or from the U.S. Department of Veterans Affairs evidencing a disability rating of at least 50 percent. In addition, the applicant must state that he or she has no valid form of photo identification. Those who obtain a disability exemption will be allowed to vote by presenting a voter registration certificate reflecting the exemption. Please contact your voter registrar for more details. 69

25 Certificate for Permanent Exemption If a voter has applied for and received a permanent exemption to the photo ID requirement, they will provide a voter registration certificate with an (E) notation. NOTE: Designation of (E) next to VUID Number. Example: (E). 70 Suspense S List A voter who has an S on the list of registered voters must complete a Statement of Residence to qualify to vote. The address on the completed statement of residence form must show that the voter still lives in the political subdivision conducting the election in order to be eligible to vote. [EC ] The SOR is sent to the Voter Registrar after the election with the marked voter registration lists

26 Voter Assistance 73 Voter Assistance Engaging in any of the following activities by a person other than the voter that occurs while the person is in the presence of the voter s ballot or carrier envelope Reading the ballot to the voter; Directing the voter to read the ballot; Marking the voter s ballot; or Directing the voter to mark the ballot. [EC ] This definition applies to assistance of a voter at the polling place (on election day and during early voting) or assistance of a by mail voter. 74 Assisting a voter Who is eligible for assistance? A voter who cannot prepare the ballot because of [EC ]: a physical disability that renders the voter unable to write or see; or an inability to read the language in which the ballot is written. When you are trying to determine whether a voter needs assistance, speak to and with the voter, not to anyone accompanying them. 75

27 Voter assistance Who can assist the voter? If voter requests assistance at an early voting polling place, a single election officer may assist the voter. (EC ) (Election Day, 2 election officers) If assisted by election workers, poll watchers and/or inspectors may be present to observe [EC ] Election official must be administered the oath of assistance (only once) Entire ballot must be read to the voter unless voter states that they only want to hear certain offices or measures [EC ] 76 Voter Assistance Who Can Assist the Voter? The voter may also be assisted by a person of the voter s own choosing except for the voter s employer, an agent of their employer, or an officer or agent of the voter s union. [EC (c)] Person can provide assistance regardless of: The fact that they have assisted another voter Their residence Their citizenship Their voter registration status Their age Poll watchers and inspectors CANNOT observe when a voter is preparing the voter s ballot or is being assisted by a person of the voter s choice. [EC (b)] 77 Voter Assistance The assistant/interpreter must be sworn and their name and address entered on the combination form. [EC (d)] Interpreters are now also assistants and must take both the Oath of Assistance and the Oath of Interpreter. The oath of assistance must be completed each time a person assists a voter. [EC ] 78

28 Voter Assistance 79 Voter Assistance CRIMINAL PROVISIONS REGARDING ASSISTANCE EC (a)(4) provides that a person commits an offense if the person knowingly marks or attempts to mark another person s ballot without the consent of that person. This is a 2nd degree felony unless convicted then State jail felony. EC provides that it is a Class A misdemeanor to mark a person s ballot without direction from the voter or to provide assistance to a voter who has not requested it or not selected that person to assist them. An election officer commits an offense if the officer knowingly permits an ineligible person to provide assistance. This is a class A misdemeanor. 80 Curbside Voting 81

29 Curbside Voting What is curbside voting? If a voter is physically unable to enter the polling place without personal assistance or likelihood of injuring the voter's health, on the voter's request, an election officer shall deliver a ballot to the voter at the polling place entrance or curb. 82 Curbside Voting Election official may deliver ballot to a disabled voter at the curb. [EC ] SB 910- conducted in same manner as on election day DRE system - the official will deliver the DRE unit to the voter rather than a ballot Paper Ballot - the voter shall mark the ballot and give it to the election officer who shall deposit it in the ballot box On the voter's request, a person accompanying the voter shall be permitted to select the voter's ballot and deposit the ballot in the ballot box 83 84

30 Spoiled Ballots 85 Spoiled Ballots A spoiled ballot occurs when a voter mismarks, damages, or otherwise spoils their ballot in the process of voting and needs a new one so that the voter can correctly indicate their choices. [EC ] NOTE: THE ORIGINAL BALLOT MUST NOT HAVE BEEN PUT IN THE BALLOT BOX, OR CAST BUTTON HAS NOT BEEN HIT (DRE). 86 Spoiled Ballots PROCESS Voter returns the spoiled ballot to an election worker. Election worker enters the ballot number and voter s name on the Register of Spoiled Ballots. (See forms Register of Spoiled Ballots ) Election worker places it in the Spoiled Ballot Envelope, which will be placed in Ballot Box No. 4 when early voting is completed. [EC ] 87

31 Spoiled Ballots PROCESS (con t) Voter chooses a new ballot from the stack of ballots that are face down on the table and in non-numeric order. Each voter may receive a total of THREE ballots. [EC ] If a voter needs another ballot, the voter should be informed that they cannot receive any additional ballots and must choose to use the last ballot or not vote at all. 88 What do you mean...you have no more ballots? 89 Running Out of Ballots Don't send voters away! 90

32 Running Out of Ballots Optical scan and paper: Early voting: utilize election day ballots Election day: copy a ballot or use leftover early voting ballots; or make copies of the sample ballot; or post sample ballot in voting booth and ask voter to write on a sheet of paper their choice(s); Don t use Provisional ballots Early Voting By Mail

33 Early Voting By Mail Three Ways to Vote by Mail Application for Ballot by Mail (ABBM) Annual Application for Ballot by Mail (Annual ABBM) Federal Postcard Application (FPCA) 94 Early Voting By Mail Application - An application may be submitted any time in the year of the election for which a ballot is requested. For the May 2018 election this date will be: - No later than the close of regular business on the 11th day before election day. (EC ) 95 Early Voting By Mail Who s eligible? Registered voter meeting at least one of the following qualifications: Expects to be absent from the county on election day AND during the regular hours for early voting by personal appearance Disability Age (65 years or older) Confinement in jail Participant in Address Confidentiality Program (EC ) 96

34 Annual Application for Ballot By Mail ABBM's only apply for voters that indicate age or disability as the grounds for requesting a ballot by mail. Applicant must indicate the ABBM to be an Annual ABBM (not automatic) An application described by this section is considered to be an application for a ballot for the election, and any ensuing runoff for an election in which the applicant is eligible to vote and occurs while ABBM is valid. (During calendar year or until voter moves, etc.) ABBM must be submitted by close of business on the 11th day before the election. A new ABBM must be submitted each calendar year. EC **Coordinate with your County Voter Registrar to keep an updated list of ABBM's. 97 NEW LAW, SB 5 (2017) Annual Application for Ballot by Mail All ABBMs submitted by fax or can only be used if the original ABBM is received by the EV Clerk, no later than the 4th business day after the transmission. Effective: December 1, Early Voting By Mail An application, in writing, must be submitted to the early voting clerk for the election. Applicant is not required to use an official application form but the informal application must contain all the required information. The requirements are found in EC & EC Official applications must be available from the early voting clerk. The Secretary of State must furnish the forms to organizations requesting them for distributions. [EC & EC ] 99

35 Early Voting By Mail The city secretary must mail without charge an appropriate official application form to each requestor. [EC & ] Recommended the EV Clerk pre-address the application back to him/her prior to mailing the application. 100 Early Voting By Mail The application must be submitted to the city secretary by: EC Mail, common or contract carrier or Fax (only if the clerk has a fax machine in their office) Electronic transmission of a scanned application containing an original signature. The EV Clerk shall designate an address for the receipt of the application. Only the voter may deliver his/her application in person to EV Clerk, except the application of voter confined in jail can be delivered by jail authority or subordinate of an authority. If EV has begun, voter cannot deliver the application in person You can apply for any resulting runoff on the same application. If an application for ballot by mail is not timely for the main election, it will be considered timely for any resulting runoff if received not later than the deadline for requesting a ballot by mail for the runoff election. 101 Early Voting By Mail Receipt and review of applications Make a copy of the application to use for runoff. Copies of the applications are not available to be reviewed by the public, except to the voter seeking to verify that the information pertaining to the voter is accurate, until the first business day after election day. (EC (a)) Original applications and carrier envelopes are not available for public inspection until those materials are delivered to the general custodian of election records after the election. [EC (b)] 102

36 Early Voting By Mail The City Secretary shall review the applications (EC ) for the following: Timeliness: application received by the deadline; Proper Delivery: (by mail, common or contract carrier, by fax, by electronic submission of scanned application, or in person from voter); Correct Clerk (if not move foward) Registration Status Residence and Mailing Address Additional Considerations outside county, disability, 65 or older Check to see if mailing address is a residential care facility 103 Registration Status/Mailing Address Send balloting materials if: Registered Residence is SAME as OLRV Registered residence is SAME as OLRV but the MAILING ADDRESS is different from registered MAILING address only due to: Voter located out of the county (must include out of county address) Voter in Jail (address must be of jail or relative) Voter in hospital, assisted living facility, nursing home, or living with a relative (then address has to be facility or relative address) Send ballot materials + Statement of Residence if: Registered residence is Same as OLRV but voter is marked S or suspense. Registered residence on ABBM is DIFFERENT from the OLRV but still within county/political subdivision. If registered address is in DIFFERENT and does not fall under one of the above exceptions, then EV Clerk should reject ABBM. 104 NEW LAW, HB 4034 If DOB, DL#, or SSN on ABBM or FPCA is different from what is in VR records, EV Clerk must notify the VR. VR updates VR records accordingly. Recommend Procedure: EV Clerk sends copies of such ABBMs/FPCAs to VR, with a cover letter explaining why the ABBMS are being sent and if possible, with new/changed material highlighted. This should already be happening with FPCAs 105

37 Early Voting By Mail If you receive an application for which you are not the correct early voting clerk, you must forward it to the correct clerk not later than the day after it was received by you. [EC (d-1)] Defective Application: If you receive a defective application on or before the 18th day before election day (April 17, 2018), then you shall: mail or otherwise deliver a new official application form to the applicant and include: a brief explanation of each defect in the original application a statement that the voter is not entitled to vote early unless the application meets all legal requirements instructions for submitting the second application. [EC ] A Notice of Defective Ballot form is available on the Secretary of State website forms manual at Early Voting By Mail Defective and Invalid applications - an application is defective or invalid if: The applicant does not have an effective voter registration and will not have an effective voter registration on election day as determined by the voter registrar. The address is not: The residence or temporary living quarters of the applicant. The jail. Outside the county (for applicants claiming absence from the county). 107 Early Voting By Mail If the defective application is timely, the City Secretary may deliver in person to the voter a second application, and receive in person before the deadline, a corrected application. This procedure must be applied uniformly to all applications under this subsection. [EC (d)] A person commits an offense if knowingly provides false information on an application for an early voting ballot. Such an offense is a State jail felony. [EC ] 108

38 Early Voting By Mail Mailing Balloting Materials Ballot materials must be mailed to voters not later than the seventh calendar day after the date the clerk accepts the voter s application or the date the ballots become available for mailing, whichever is later. If balloting materials become available earlier than the 45th day before election day, (Mar. 21, 2018) they shall be mailed not later than the 38th day before election day (March 28, 2018). Applications received near deadline, the city secretary should complete review and mail the material as soon as practicable. (EC ) 109 Early Voting By Mail Mailing ballot to voter Mail the following to the voter: Ballot Ballot envelope Carrier envelope Note: The carrier envelope must be addressed to the early voting clerk. Prior to mailing, enter the voter s name, name and date of election on carrier envelope. If the carrier envelope is returned unsigned, you will know which voter and can contact them or send a rejection notice. 110 Early Voting By Mail Mailing ballot to voter (cont.) List of declared write-ins, if applicable. Any special voting instructions. Statement of Residence, if applicable. Amount of postage if over 1 oz. first class postage. [EC ] If a voter s name appears with an S. If the voter s residence address on the application is different from the address on the list of registered voters. Stamp carrier envelope STATEMENT FORM ENCLOSED. 111

39 Early Voting By Mail Address where balloting materials are mailed: Balloting materials are mailed to the registration address unless the voter notes a different address on the application AND fills out the appropriate section under the reason for applying for the mail ballot. [EC ] 112 Early Voting By Mail Mailing Balloting Materials Note the date on which balloting materials were mailed on the list of registered voters. Enter the name of voters who were mailed ballots on the voting by mail roster (not available to the public until the first business day after election day). Because of the statutory reference to hours, mark the application with the time and date of the mailing of the ballot to the voter. 113 Early Voting By Mail Voting and returning the ballot Anytime after receiving the ballot, the voter must: mark the ballot. place the ballot (and if appropriate a completed Statement of Residence ) in the ballot envelope and seal the ballot envelope. place the ballot envelope in the official carrier envelope and seal the carrier envelope. sign the certificate on the carrier envelope. 114

40 Early Voting By Mail Voting and Returning the Ballot Voter assistance - A person voting by mail who is eligible to receive assistance under EC may receive assistance from a person the voter selects for marking the ballot for the following reasons: - a physical disability that renders the voter unable to write or see; or - an inability to read the language in which the ballot is written. 115 Early Voting By Mail (a) On the voter's request, the voter may be assisted by any person selected by the voter other than the voter's employer, an agent of the voter's employer, or an officer or agent of a labor union to which the voter belongs. (b) If assistance is provided by a person of the voter's choice, an election officer shall enter the person's name and address on the poll list beside the voter's name. (EC ) NOTE: Failure to use the official ballot envelope does not affect the validity of the ballot.(ec (d)) 116 Early Voting By Mail Timely but defective, (not signed by the voter or by a witness on behalf of the voter) the city secretary may: deliver the carrier envelope in person or by mail to the voter and receive, before the deadline, the corrected carrier envelope from the voter; or notify the voter of the defect by telephone and advise the voter that they may come to the City Secretary s office in person to correct the defect or cancel the application to vote by mail. 117

41 Early Voting By Mail If the city secretary uses either of the discretionary procedures they must be used uniformly for all defective carrier envelopes. A poll watcher may observe these discretionary procedures. 118 Early Voting By Mail Mailed ballots are treated as NOT timely returned if: the ballot is not returned before the close of the polls on election day. EXCEPTION - ballots cast from outside the U.S., but deposited for delivery before the close of the polls and arriving not later than the 5th day after election day (May 10, 2018). [EC ] the ballot is not returned by mail or common carrier. A voter correcting a defective carrier envelope may come in person to the City Secretary s office to make the corrections. [EC ] A marked ballot may be returned to the EV Clerk in the official carrier envelope in person on election day to the early voting clerk s office while the polls are open. The voter must provide an acceptable form of ID for voting at the time of delivery. (EC (a-1)) 119 Early Voting By Mail Mailed ballots are treated as NOT timely returned if: The carrier envelope is returned in an envelope or package with other carrier envelopes NOT from person registered at the same address. Not timely - enter the time of receipt on the envelope and retain the envelope for the period for preserving precinct records. These are not given to the early voting ballot board. Meticulous records of all actions taken by the City Secretary in regards to applications for ballots by mail must be maintained. Write everything down - dates, times, and actions taken. 120

42 NEW LAW, HB 1151 and HB 929 Together, these bills provide for 3 new time frames to receive ballots from: 1. Non-military or military voters using an ABBM voting domestically. 2. Non-military or military voters voting from overseas using an ABBM 3. Non-military voters voting from overseas using an FPCA; and 4. Military voters voting domestically or from overseas, using an FPCA NOTE: Military voters will rarely use an ABBM under the circumstances 1 & 2, but could do so. 121 When to Count Ballots by Mail - HB 1151 & HB 929 IF received by 7:00 pm on election day MUST count on election night. Domestic late ballots received by 5:00 pm on the day after election day (or the next business day)* count when EVBB reconvenes after election day to count overseas ballots(no later than 9th day after Election Day for election other than General Election for State and County officers) Ballots from Overseas mailed by Non-Military Voters who submitted ABBM or FPCA or Military voters who submitted ABBM (rare) received by 5th day after election day (or next business day)* - count when EVBB reconvenes after election day to count overseas ballots (no later then 9th day after Election Day for election other than General Election for State and County officers) 122 When to Count Ballots by Mail - HB 1151 & HB 929 Ballots from Military voters Domestic OR Overseas who submitted FPCA received by 6th day after election day (or next business day) - count when EVBB reconvenes after election day to count overseas ballots(no later then 9th day after Election Day for election other than General Election for State and County officers) *Must be postmarked or receipt marked by 7 pm on election day. 123

43 Tyae Deadline to Receive Voted Ballot For Delivery Cancellation or Receipt Mark Needed? Election Code Section amended Regular ABBM/Domestic Military or U.S. citizen voting domestically (within U.S.) using ABBM (not FPCA) - By close of election day (7:00 p.m.) or - By 5:00 p.m. the day after election, or next business day (NBD), if day after election is a Saturday, Sunday, or legal state or national holiday Ø Late Domestic Ballot No Yes by 7:00 p.m. at the location of the election on election day HB (a)(1) HB (a)(2) & (e) Annual ABBM (age or disability, unlikely to submit Annual ABBM instead of FPCA is living overseas) - By close of election day (7:00 p.m.) or - By 5:00 p.m. the day after election, or NBD, if applicable. Ø Late Domestic Ballot No Yes by 7:00 p.m. at the location of the election on election day HB (a)(1) HB (a)(2) & (e) Regular ABBM/Overseas Military or U.S. citizen voting from overseas, using ABBM (not FPCA) 5th day after election day, or NBD, if applicable Yes-by 7:00 p.m. at the location of the election on election day HB (d) & (e) FPCA/Non Military non-military U.S. Citizen voting from overseas, using FPCA 5th day after election day, or NBD, if applicable Yes-by 7:00 p.m. at the location of the election on election day HB (d) & (e) FPCA/Military military voter, voting either domestically or from overseas, using FPCA 6th day after election, or NBD, if applicable No HB (b)- applies only to members of armed forces & merchant marine of the U.S., their spouse or a dependent 124 Availability of EVBM Records ABBM & Carrier Envelope NEW LAW HB 2559: A copy of an ABBM including the Annual ABBM is not available for public inspection (except to the voter whose application it is) until the first business day after the election day of the EARLIEST occurring election (rather than latest) for which the application is submitted. [Sec (a), as amended]. So it s available after the first election, rather than the last. Originals of any ABBMs and Carrier Envelopes are not available for public inspection until those materials are delivered to the custodian after the election. [Sec (b)]. 125 Early Voting By Mail Cancellation of Application Must be in writing; Be submitted to the early voting clerk; Be signed by the applicant or (witness if applicable) Specify the election for which application was made; Be received no later than the 3rd day (May 2, 2018) before election, and before the marked ballot has been received by the EV clerk. (EC ) Cancellation of Application - The form Request to Cancel Application for Early Voting Ballot by Mail (SOS 5-16) has all the elements required. EC provides that a cancellation of an application for a ballot to be voted by mail is effective for a single election only, and does not cancel the application for a subsequent election. This applies to both regular applications for election & runoff and to Annual ABBMs. 126

44 Type Who Can Use? Application Delivery Filing Period Expiration Date Ballots Received Regular ABBM 65+ on Eday Disability Absent from County Confined in Jail Address Confidentiality In person by voter, before EV in person begins Regular Mail Common or Contract Carrier Fax (signed, scanned attachment) January 1 of calendar year through 11th day before election day for which ballot is requested. Good for one election only (plus runoff if requested). Expires after the election for which ballot was requested. OR Voter cancels ABBM. Ballot(s) for election(s) held by early voting clerk to whom application submitted (and runoff ballot, if requested). Annual ABBM 65+ on Eday Disability Same as Regular ABBM January 1 of calendar year*+*on or before 11th day before Eday, to receive ballot for that election +Up to 60 days before election held in January or February. December 31 OR Until: Voter cancels ABBM Registration cancelled Voter registers in a new county All ballots for all elections held by all political subdivisions in the year in which submitted.+ FPCA Military Voter Outside Home Texas County U.S. Citizen Overseas Regular Mail Common or Contract Carrier Fax (signed, scanned attachment) January 1 of calendar year*+ *If registered, on or before 11th day before Eday, to receive ballot for that election. If not registered but eligible to register, not later than 20th day before Eday. +Up to 60 days before election held in January or February. Same as Annual ABBM All ballots for all elections held by the county, city, or school district, in the year in which submitted (unless eligible for federal ballot only) Federal Post Card Applicants (FPCA) 129

45 FPCA Submission deadline - 11th day (April 24th) Federally prescribed form is required FPCA s are processed the same as early voting by mail applications and ballots FPCA forms must be obtained i. ii. iii. City Secretary is not required to provide these forms. A military or overseas voter may receive their balloting materials via for ANY election in which the voter is eligible to vote. (EC ) Balloting materials must be sent by the 45th day under EC FPCA - Early Voting By Mail Who can use FPCA and why? Active duty military, spouses, and dependents (voting from outside the home Texas county) U. S. Citizens (nonmilitary) temporarily overseas* away from the home Texas county U. S. Citizens (nonmilitary) permanently overseas* away from the (previous) home Texas county Federal law defines overseas as anywhere outside the United States. CHAPTER 17 OF THE TEXAS MUNICIPAL ELECTION LAW MANUAL DISCUSSES THE FPCA PROCESS IN GREATER DETAIL or NOTE: thfpca Ballots can be received up to five (5) days after the election. (May 10 ) 131 NEW LAW, HB 5, amended Section (c) Senate Bill 5 (2017) amended Section (c) to provide that effective December 1, 2017, a timely faxed FPCA must be followed with a hard copy mailed FPCA that must be received by the early voting clerk by the fourth business day after the fax. This rule does not apply to an ed FPCA. 132

46 NEW LAW, HB 929 (2017), amended Section Senate Bill 929 (2017) amended Section to provide that members of the armed forces and merchant marine of the United States, as well as their spouses or dependent of a member shall have their ballots counted if the carrier envelope is received not later than the sixth day after the date of the election, except that if that date falls on a Saturday, Sunday, or legal state or national holiday, then the deadline is extended to the next regular business day. 133 NEW LAW, HB 1151 (2017), amended Section Senate Bill 1151 (2017) amended Section to provide that the carrier envelope must be properly addressed and bear a cancellation mark from a postal service or a receipt mark from a common or contract carrier before the deadline. 134 FPCA Early Voting By Mail If the application is accepted, mail the FPCA voter the same balloting materials as a regular voter. No postage is required 135

47 136 Early Voting Ballot Board EC Chapter Early Voting Ballot Board The early voting ballot board must be created in every election to process early voting results. (EC ) The presiding judge is appointed in the same manner as a presiding election judge. (EC ) The board consists of a presiding judge and at least 2 other eligible members appointed by the judge. (EC ) & (EC ) The Board determines whether to accept or reject a voter s mail ballot. (EC ) The Board will verify and count provisional ballots not later than the 9th day after an election, and not later than the 13th day after a November election in even numbered years. (EC ) 138

48 When to Reconvene for Qualifying Late Early Ballots by Mail? The election code requires the EVBB to reconvene to qualify these late mail ballots on the 9th day (May 14th) after election day unless the clerk certifies that all ballots from outside the U.S. have been received. If the date for convening the early voting ballot board is a Saturday, Sunday, or legal state or national holiday, the early voting ballot board shall convene on the next regular business day. [EC ] NEW LAW HB 1151 and HB Early Voting Ballot Board The EVBB should receive from the early voting clerk: each ballot box containing ballots voted by personal appearance. the clerk s key to each ballot box. jacket envelopes containing the mail ballots and applications. the poll lists prepared in connection with early voting by personal appearance list of registered voters, including voter s permanent and mailing address of record, used in conducting early voting. 140 Early Voting Ballot Board The EVBB should receive from the early voting clerk cont d: Ballot transmittal form for early voted ballots. Notice of Rejection of Early Voted Ballots that Judge of EVBB completes. Voter registration applications if requested by EVBB. Receipt for each ballot box. If voting systems used for early voting by personal appearance, certificate of proper installation and of secured machine. 141

49 Materials to be delivered to the Early Voting Ballot Board Poll List of early voters, by mail voters, or voters voting mail procedure. Oath of election judges and clerks; Poll list of early voters, mail voters, or voters voting mail procedure; An envelope for rejected early voting ballots and notice of rejection of early voted ballots; List of Early Voting Provisional Voters; Tally Sheets Envelopes for distribution of returns and election records; and Statement of Compensation. 142 Early Voting Ballot Board Materials are delivered at the direction of the presiding judge, and if materials are delivered to a central counting station for counting by automatic tabulating equipment, the EVBB shall make the delivery without opening the container and in accordance with the procedure applicable to electronic system ballots cast at a precinct polling place. [EC ] Security of ballots is vital. If the EVBB convenes before election day, when the EVBB adjourns, the presiding judge shall lock and seal each ballot box before delivering the boxes back to the custodian of election records. 143 Early Voting Ballot Board Judge completes and signs a ballot security form, and it is witnessed and signed by another member of the EVBB AND the custodian of election records. [EC (f); 1 TAC Sec 81.34] The custodian of the key to the second ballot box lock must deliver the key for each box to the presiding officer of the EVBB upon officer s request. EV clerk delivers their key. 144

50 Early Voting Ballot Board Presiding judge of EVBB retains keys to the ballot boxes until final delivery to the custodian of election records. If judge doesn t retain keys, keys go to chief of police or marshal. [EC & EC (f); 1 TAC Sec ] For each delivery of early voting ballots made prior to the time the polls open, the early voting clerk is required to post notice at the main early voting polling place continuously for at least 24 hours preceding each delivery. (EC ) 145 Poll Watchers and the Early Voting Ballot Board Poll watchers may be appointed to the EVBB Watchers of the EVBB may be present at any time the Board is processing or counting ballots and until the Board completes its duties [EC ; ] 146 Early Voting Ballot Board Duties When qualifying ballots voted by mail, the EVBB should check that each jacket envelope contains an application, the envelope it was mailed in, the carrier envelope containing a ballot envelope, and any statements of residence or affidavits. (EC ) If ballot envelope is inadvertently omitted, it is not grounds for rejection. [EC (d)] Persons registered at same address may return their carrier envelopes in the same envelope or package. [EC (c)] 147

51 Early Voting Ballot Board Duties The EVBB may accept a ballot only if: 1) Carrier envelope certificate is properly executed. 2) Voter s signatures on the ballot application and carrier envelope certificate were executed by the voter unless signed by a witness. [EC (e)] 3) Voter s ballot application states a valid reason for voting early by mail. 4) A ballot must be sent to the voter s registered residence or mailing address on the VR list unless an exception recognized by law exists. 5) Voter is registered to vote. 148 Early Voting Ballot Board Duties 6) If the presiding judge observes that the carrier envelope has a notation that a statement of residence is enclosed, the statement of residence must have been completed by the voter and included in the carrier envelope for the ballot to be accepted. The presiding judge reviews the new residence address on the statement of residence to determine if the voter continues to reside in the political subdivision. [EC ] If an application and carrier envelope do not meet all the requirements, the ballot must be rejected and may not be counted.(ec ) 149 Early Voting Ballot Board Duties Reject procedure: Write the word Rejected on the carrier envelope and corresponding jacket envelope [EC (d)] Place unopened carrier envelope containing rejected ballot in the large envelope or container marked Rejected Early Ballots ; [EC ] 150

52 Early Voting Ballot Board Early Ballots Rejected Presiding judge signs and seals the Rejected Early Ballot envelope, and records on it the date and nature of the election, and a record kept of the number of rejected ballots placed in this envelope [EC ] Make a notation on carrier envelope of any ballot rejected after opening carrier envelope, and state reason it was opened and rejected [EC (d)] Place the application, envelope used to mail the application to the EV clerk, and any other papers and affidavits in the jacket envelope [EC ] Presiding judge must deliver notice of the reason for the rejection to the voter s listed residence address within ten days of the election [EC ] 151 Early Voting Ballot Board Reporting Early Votes The presiding judge of the EVBB must deliver the counted ballots, the early voting election returns, other early voting election records, and ballot box keys to the appropriate authorities or the presiding judge of the central counting station, if applicable. [EC ] The early voting totals must reflect the number of early votes for each candidate or measure by election day precinct. The early voting total may reflect the total of votes by mail and the total votes by personal appearance. [EC & EC (c)] 152 Early Voting Ballot Board Reporting Early Votes The number of voters casting a ballot in the election must be reported by each county, along with their official precinct-by-precinct returns, which must now be submitted in electronic format. [EC ] All local political subdivisions must submit precinct-by-precinct returns to the Secretary of State in electronic format. [EC ] 153

53 Provisional Voting and the EVBB The process for delivery of Provisionally Voted Ballots to the Early Voting Ballot Board will be provided in detail during the Provisional Voting Session. 154 Early Voting Ballot Board Not later than the 10th day (May 15th) after the local canvass, the presiding judge of the EVBB shall deliver written notice regarding whether the provisional ballot was counted. If not counted, the reason must be given. The presiding judge shall use the information provided on the affidavit to obtain the proper mailing address for the voter and the final resolution of the provisional ballot. (1 TAC , , ) 155 Early Voting Ballot Board Upon request of the voter registrar, the general custodian of records shall deliver the original provisional ballot envelope to the voter registrar after the preservation period. [1 TAC , , ] The Secretary of State has prepared a handbook for the early voting ballot board that covers in detail all procedures used by the board in performing their duties. 1-(800)

54 157 LATE VOTING BY DISABLED VOTERS Chapter Late voting/disabled voter The election code authorizes late voting by a recently disabled voter if the voter becomes sick or disabled on or after the day before the last day for submitting an application for a ballot by mail and is unable to go to the polling place. [EC ] An application under Chapter 102 may be received by the early voting clerk at any time. [EC ] Can be after the last day of early voting by personal appearance; and Before 5 PM on election day. 159

55 An application under Chapter 102 must be submitted in person at the main early voting polling place by a representative of the applicant. [EC ] The representative must: be 18 years of age or older; not currently employed by or related within the 3rd degree of blood or marriage to any candidate on the ballot; and not have served in the election as the representative for another applicant. Late Voting/Death in Immediate Family Chapter Authorization: Chapter 103 Qualifications: death occurred on or after the 5th day (April 30th) before election day; and voter absent from the county on election day as a result of the death. 162

56 Application Submission: in person (applicant) during regular office hours Time period: After conclusion of early voting by personal appearance through the last day for Election Day 163 Voting on Election Day by Disabled Voter from Voting System Precinct Chapter The election code authorizes voting on election day at the main early voting polling place by a voter with disabilities from a precinct where voting machines are used. (EC ) Voting is conducted between 7:00 a.m. and 7:00 p.m. at the location where early voting ballots voted by mail are processed, and processed in the same manner. However, if the early voting ballots voted by mail are processed at a location other than the main early voting polling place, the early voting clerk may require the voting to be conducted at that location. 165

57 Restricted Ballots Chapter Restricted Ballot means a ballot that is restricted to the office and propositions stating measures on which a person is entitled to vote under Chapters 111, 112, 113, or 114. Restricted ballot voting only pertains to cities whose city limits are in more than one county. Is only available to voters who have moved within the city but to a different county. Chapter 17 of the Texas Municipal Election Law Manual explains this special form of voting in detail

58 Voter registration / confidentiality address program 169 Application from Voter in Address Confidentiality Program An application for ballot by mail submitted by a person under EC must be submitted in person and include: 1) full name of applicant; 2) territorial jurisdiction in which address at which applicant is registered to vote after applicant has described location his/her residence (does not have to give physical address) ) Substitute post office box designated by the Attorney General for use by the voter in place of the true residential, school, or business address, and 4) An indication for each election for which the applicant is applying for a ballot. Under this section, the information contained in an application at which the applicant is registered to vote is confidential, except that it must be disclosed if requested by: a) a law enforcement agency; or b) required under a court order. [EC ; Article 56-82(b) Code of Criminal Procedure] 171

59 The procedure for accepting and processing an application for ballot by mail for persons in the ACP is as follows: 1) Voter must submit confidential application for ballot by mail to early voting clerk by personal delivery. 2) In presence of EV Clerk, voter must point to specific location on map of appropriate political subdivision or orally describe location of his/her residence with enough information the EV Clerk can determine political subdivisions in which voter resides. 3) voter must swear to EV Clerk his/her place of residence has been correctly identified ) EV Clerk must write jurisdictional codes on confidential application for ballot by mail, which is not a public record and may not be copied, transcribed, or otherwise be recorded. The confidential application must be stored in a secured manner. 5) The confidential application for ballot by mail must have the elements of the general application for ballot by mail with the addition of a space for the voter s substitute post office box address and an affidavit of confidentiality, the language of which is set out in the administrative rule ) A confidential application for ballot by mail must be preserved the same period for preservation of all election records. At the end of the period, the confidential application and any written references to the jurisdictional codes assigned to the applicant must be destroyed. (shred or burn) 7) The confidential application for ballot by mail shall constitute the protected applicant s application to register to vote for so long as the protected applicant remains in the program, or until such time as the protected applicant s application for ballot by mail remains valid. 174

60 Resources Election Code Manual and CD Texas Municipal Election Law Manual, 5th Edition Secretary of State Forms Manual Secretary of State website 175

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