Case 2:13-cv Document Filed in TXSD on 11/17/14 Page 1 of 171

Transcription

1 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 1 of 171 TEXAS SENATE STAFF SERVICES JC cb/334 LSB C 1SIII/ ND LEGISLATIVE SESSION EXCERPT SENATE BILL 14 JANUARY COMPACT DISC 1 SECTION III 15 speak against the bill. LUCIO Thank you Mr. President. Clearing of throat Mr. President and Members I guess Ill be very brief. We we had a chance in this process to craft a bipartisan bill I truly believe we passed up on that opportunity. I just dont know how election bill can have any credibility without bipartisan support especially in this final outcome. The bigger picture is that we need to professionalize the entire way we administer elections in Texas. The fact that we dont have the technological infrastructure in place to allow people to register and vote on polling day in my humble opinion is unffortunately shameful. The fact that we dont have the political will to invest in that infrastructure is again unfortunately just as shameful. Electoral reform should be paid for with revenue not rights. I wanna speak briefly in closing about the Senate rules. This body decided last week to amend the rules and bypass the twothirds rule regarding voter ID some of us are very disappointed by that. But we only changed the rules reregarding voter ID. In other words Im going to take a leap of faith and assume that the rules as they stand still reflect the desire of this Chamber to produce a bipartisan budget. To take a bipartisan approach to the huge fiscal problems we are facin in Texas. Thats the approach that I started with when I came to that this Chamber in 1991 and I look forward to moving on in that direction. Thank you. PRESIDENT Thank you Senator Lucie. The Chair recognizes Senator Zaffirini to to speak against the bill. ZAFFIRINI Thank you Mr. President. Mr. President and Members I rise to join my Democratic colleagues in voting against Senate Bill 14 which was supported unanimously by our Republican colleagues. And basically Members what I worry about is the future. We who are the political minority in this body do not want to simply be heard we want to be at the table we want to participate and we want to have impact. And starting my 25th year in the Texas Senate what I worry looking back on what happened today is what does this say Session. about in for the rest of the I hope that once voter ID is off the table and dealt with that we can come back on a bipartisan basis and address the real issue the most important issue facing the Senate and that is the budget that we must adopt. And I hope that in that process all of us all 31 of us will have an opportunity to have an impact not simply to be heard. Therere many reasons to oppose this bill. One is the unknown cost. Look at the fiscal note. How can you possibly take that fiscal note seriously It simply does not address the unknown costs that we are worried about. And I wont belabor the point and repeat them because I identified them for you yesterday. Look at the unfunded mandates. Theyre incredible theyre incredible unfunded mandates and yet its so easy to rise and say we will not pass any bill that calls for an unfunded mandate. How can anyone say that with a straight face. This bill also causes problems in terms of lack of accessibility and I wont repeat what we pointed out earlier. You saw the map that shows that JA001368

2 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 2 of 171 TEXAS SENATE STAFF SERVICES JC cb/33 LS SII ND LEGISLATIVE SESSION EXCERPT SENATE BILL 14 JANUARY COMPACT DISC 1 SECTION III 16 there are 77 counties without DPS offices. You heard the testimony about the negative impact on certain categories of women on lowincome persons on minorities on persons with disabilities. There were good amendments offered to cure those problems and yet they were rejected on partisan lines. I know that there were people in this Chamber who wanted to vote for some of those amendments and simply did not. Thats very difficult for me to understand. Remember what the shletter that I shared with you from the CarterBaker Commission and specifically they said very clearly that one commissioner said very very clearly in black and white that this bill is inconsistent with the recommendations of the CarterBaker Commission. What else do we need What else do we need to realize that this bill certainly is not satisfactory And equally important Members what does today say about the importance of the twothirds rule This bill will go will pass along partisan lines because there is no twothirds rule. Were there a twothirds rule in effect we wouldve had to achieve consensus. The Lieutenant Governor couldve been at his best the way he has been on so many bills and brought us together and said reach a consensus and we didnt. I will be voting against this bill for many reasons some of which I repeated today. And I hope that more of you could join us in voting no but I understand the outcome I see it clearly it makes me sad. Thank you Mr. President and Members. PRESIDENT The Chair recognizes Senator Whitmire to speak against the bill. WHITMIRE Thank you Mr. President and Members. The hour is late but if youll allow me to speak the good news is weve conducted ourself sic in a very civil respectful manner which which Im sure were all proud. The bad news is some of you are about to pass a bill that in my judgment based on the testimony has unlimited unintentional consequences. As recently as two days ago I was thinkin what would I say if I really had opportunity to speak to my colleagues. I would say well I would probably say to Senator Rodriguez and Senator Birdwell welcome to the State Senate this is your first major piece of legislation. And from my experience gentlemen two days ago I wouldve called this bill pretty typical of what youll witness if youll bear with me. Youre gonna find as we go through legislation that the proponents are gonna make somethin sound like they just the State has to have it and the opponents are gonna talk about the negative consequences. The truth of the matter is from my years of experience is normally the proponents are stating a situation thats not nearly as good as they would state which I certainly think this bill fits. Oftentimes in the debate the opponents things arent nearly as bad as they say theyre going to be. Its normally somewhere in between. But I cant say that tonight after having the testimony given. I have to honestly say this bill is worse than the opponents have stated. All you have to do Members is remember the testimony of the S. It was so unfair in my judgment to have that lady there. I work very close with the DPS. I knew shed taken JA001369

3 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 3 of 171 TEXAS SENATE STAFF SERVICES JC cb/33 LSB CD1SIII ND LEGISLATIVE SESSION EXCERPT SENATE BILL 14 JANUARY COMPACT DISC 1 SECTION III 17 Michael Kelleys position only last June. She was not equipped to answer the questions cause quite honestly no one with S was probably prepared cause its all based on specumgalation sic. The implementation of Senate Bill 14 has not been thought through. Senator Fraser we have not put ourself in other peoples shoes. The surcharge example itself shows how flawed this bill is. Some Senators might say well theyre theyre lawbreakers in the first place. Le me sic give ya an example of someone that came to my office. Woman comes to my office a waitress goin back with her husband says Senator Whitmire I need help. Were driving without a license cause my husband because he was broke and unemployed could not pay the surcharge. Were driving without a license. Senator Ogden the unintended consequences this bill is youre gonna force that person to go to the DPS office where they owe six thousand dollars and be concerned about can they go and leave without bein apprehended. It has unintended consequences that none of us can anticipate until its passed and placed in law. Now let me tell you a real concern that each and every one of you oughta have. We have given the DPS an assignment one that they didnt want. They dont want in my judgment. They wanna be securing the Border. They wanna be patrollin our highways. Do you know the DPS tonight is 300 positions short of troopers from authorized levels. They cant compete with the cities for what the cities pay their police officers. I know DPS officers and their staff wanna be enforcin the laws they want to take DWI drivers off the road they wanna secure the Border. Some of you are goin to the Border tomorra sic to meet with the DPS and see what we can do more to secure our Border usin our best police force our Texas Rangers have swat teams down there. And what have we done an underfunded agency that cant recruit people cause they cant pay e competitive salaries weve given them the voter registration police assignment. Now theyve got to go into DPS offices in Houston where I routinely get call sic because people wait two and three hours. They call me to see if I can get them in line at the front to go back to work. But now theyre gonna be in charge of handling voter registration for all practical purposes. There are unintended consiousquinces sic to this bill that no one knows about. But I promise you its not worse Senator Rodriguez than what the opponents claim its not as bad as what the opponents claim its worse And its too bad that we find ourself about to implement something in my judgment for political purposes thats gonna in my judgment harm the State of Texas. You talk about polls its all about how you ask the questions. And quite frankly I dont think we oughta govern by polls Senator Fraser or youd probably have casino gambling and no tellin what else that youd probably not agree with the poll on. I think weve not put ourself in other peoples shoes. I think unfortunately some of us have only looked at how it would affect the communities in which you live. Let me close by saying we need to remember this this experience. Im of the opinion that without the with the twothirds rule without the special order provision we JA001370

4 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 4 of 171 TEXAS SENATE STAFF SERVICES JC cb/334/fls lsii ND LEGISLATIVE SESSION EXCERPT SENATE BILL 14 JANUARY COMPACT DISC 1 SECTION III 18 wouldnt be about to pass this bill. You need to remember it ththe amendments on the Floor how they were handled and some of you may like it some of you may like it and say it was fine. But I know for a fact before we had the special order as recently or goin back as far as two years ago there was great dialogue about what our voter ID bill ought to have in it. We almost I thought made the progress. Of course same day registration was one of the considerations that the Democrats wanted. It was a deal killer from other side of the aisle. Thats fine ithe bill wouldntve been in it. But I promise you with the twothirds rule some of the amendments that were turned down today in myjudgment wouldve been included. If you watched the process today Senator Patrick the votes were very predictable. In fact people were not workin the Floor Members as we normally do to try to acquire support for your amendments A reporter asked me the other day said well can you can you tell us what the outcomes gonna be. I can tell you exactly what the outcomes gonna be. Nineteen people are gonna pass it twelve are gonna be opposed to it as weve witnessed. So as we go forward I hope well remember maybe you like it maybe you dont. Today I actually saw Senator Duncan I thought that one side of the aisle or the nineteen that had the majority were so in control and not needing to converse with others that one of the minority Members amendment was actually used by the other side. It certainly appeared that way. I dont think the best bill that we could have passed if we wanted voter ID and and Senator Fraser were very familiar with the issue. I know how concerned the public is. We share that were against fraud we share the concern about the integrity of the ballot box as as professional politicians we share that concern. You know I dont know what kind of knockdowndragout campaigns youve been in Ive been in several. Ive been in em with a Hispanic opponent in a Hispanic neighborhood. And people come to me and say you oughta be concerned about the registration process across your district. Fraud as Senator West points out does not happen on election day it happens in the early voting. If we had the time if you wanted to hear about it I can tell you how Ive witnessed that. We havent addressed that. But the thing that disturbs me the most as we go forward is the lack of give and take the amendment process the fact that we didnt spend hours tryin to define what the best bill that a majority of folks certainly twothirds plus could support. Now let me just close by sayin if you like it because 19 folks got to run this place today with little consideration for the other points of view the next time it may not be a partisan fight Senator Birdwell. It could very easily be 12 Democrats and 7 Republicans or it could be an urban coalition of 19 or it could be any philosophical group of people. And they wont have to slow down and take one of these green sheets and painfully walk around sometime and go desk to desk to make sure on each and every amendment that theyve got their vote. And they sure wont have to go get a twothirds count before they bring it up. In closing the only thing I can say good about the point we are right now before we vote is the good news is this thing is out of our way this bill JA001371

5 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 5 of 171 TEXAS SENATE STAFF SERVICES JC cb/334 LS SIII/ ND LEGISLATIVE SESSION EXCERPT SENATE BILL 14 JANUARY COMPACT DISC 1 SECTION III 19 is outta the way for the time bein. And now we can go to work on Troy what I think the public would poll as the number one concern the shortfall. All you gotta read is any paper in this State about what the school districts are facin. Theyre scared theyre at a crisis they consider that an emergency. And its interesting the Governor didnt make the budget an emergency we did Senator Ogden. We essentially decided that fourfifths of us were gonna make that an emergency. The school districts are scared. I got calls today from Goose kicreek in Baytown they dont know what to do. Thats what they waa talk about and the good news is voter ID is out of our way and now we can go to what the public believes is a true emergency. You know what I perceive is an emergency that you labeled the voter ID an emergency is to me somethin you feel like you need to call 911 on that youre really in an urgent state. I made reference the other day how many people are followin this debate darn few based on the participation tonight. But I do wanna close by sayin its been a great civil debate we oughta be proud of that. At the time that Washington last night was makinheadlines and news just cause they sat with one another we routinely share each others company concern for each other and we oughta go forward in that environment and deal with the publics business. Thank you. Inaudible background conversation PRESIDENT The Chair recognizes Senator Fraser for a motion to move Senate Bill 14 to engrossment. FRASER Mr. President I would now move passage to engrossment of Senate Bill 14. PRESIDENT Members youve heard the motion by Senator Fraser the Secretary will call the roll. SECRETARY Birdwell. Carona. Davis. Deuell. Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa. Huffman. Jackson. Lucio. Nelson. Nichols. Ogden. Patrick Rodriguez. Seliger. Shapiro. Van de Putte. Watson. Wentworth. West. Whitmire. Williams. Zaffirini. PRESIDENT Gavel Members there being 19 ayes and 11 nays Senate Bill 14 passes to engrossment. Gavel END OF EXCERPT JA001372

6 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 6 of 171 SENATE JOURNAL EIGHTYSECOND LEGISLATURE REGULAR SESSION AUSTIN TEXAS PROCEEDINGS SIXTH DAY Wednesday January The Senate met at 845 p.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present Birdwell Carona Davis Deuell Duncan Ellis Eltife Estes Fraser Gallegos Harris Hegar Hinojosa Huffman Jackson Lucio Nelson Nichols Ogden Patrick Rodriguez Seliger Shapiro Van de Putte Watson Wentworth West Whitmire Williams Zaffirini. Absentexcused Uresti. The President announced that a quorum of the Senate was present. Senator Estes offered the invocation as follows Almighty God please look kindly upon those who exercise governing power over Your people especially those of us here in the Texas Senate. I pray that we might always be people of honesty and integrity. May we be kept in good health with the support and cooperation of those we serve. Give us the men and women who help govern this state wisdom so we might always know right from wrong good from evil and the difference between service to others and service to ourselves. May we always exercise our authority with complete fairness and for the common good of all. May we always have the ability to see a vision of a better more just and a more equitable tomorrow. May all those who govern this state be men and women of deep faith enduring hope and abiding love. Almighty God when the human family is confronted with a serious difficulty or an unexpected crisis please raise from our midst leaders who can solve our problems and help deliver us from all those. elements which rob peoples of their peace of mind and inner sense of security. In Your holy name. Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of the previous day be dispensed with and the Journal be approved as printed. The motion prevailed without objection. LEAVE OF ABSENCE On motion of Senator Whitmire Senator Uresti was granted leave of absence for today on account of important business. JA001373

7 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 7 of nd Legislature Regular Session 6th Day CONCLUSION OF MORNING CALL The President at 851 p.m. announced the conclusion of morning call. SENATE BILL 14 ON THIRD READING The President laid before the Senate SB 14 by Senator Fraser at this time on its third reading and final emergency matter passage Set as special order Submitted by Governor as an SB 14 Relating to requirements to vote including presenting proof of identification providing criminal penalties. The bill was read third time and was passed by the following vote Yeas 19 Nays 11. Yeas Birdwell Carona Deuell Duncan Eltife Estes Fraser Harris Hegar Huffman Jackson Nelson Nichols Ogden Patrick Seliger Shapiro Wentworth Williams. Nays Davis Ellis Gallegos Hinojosa Lucio Rodriguez Van de Putte Watson West Whitmire Zaffirini. Absentexcused Uresti. LETTER FROM THE OFFICE OF THE SECRETARY OF STATE Senator Gallegos submitted the following letter relating to SB 14 Ann McGeehan Director of Elections State of Texas January The Honorable Mario Gallegos Jr. Texas Senate P.O. Box Capitol Station Austin Texas Dear Senator Gallegos This letter is to follow up on the question you asked about the voter education funding during the meeting of the Committee of the Whole yesterday. Specifically you asked about the state funding for the Missouri voter identification law and why the State of Missouri funded the voter identification law for $6 million dollars for the first year of implementation and for $4 million dollars for the second year of implementation. This morning I spoke to Waylene Hiles Interim Deputy Secretary of State for Elections in Missouri. Ms. Hiles explained that the voter identification law enacted by the Missouri was struck down by a state supreme court case several years ago. She stated that several bills are currently pending before their state legislature but nothing has passed so far. Ms. Hiles did not have immediate access to the fiscal note on the bill that was enacted several years ago and struck down but she recalled that the funding included two components. One component was for voter education and the JA001374

8 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 8 of 171 Wednesday January SENATE JOURNAL 147 other component was for providing free identification cards to voters. Ms. Hiles is researching the issue and promised to get back to our office with details. As soon as I obtain additional information I will forward it to your office. I hope this information is helpful and please let me know if you have any additional questions. Sincerely /s/ann Director LETTERS FROM THE OFFICE OF THE SECRETARY OF STATE McGeehan of Elections Senator Davis submitted the following letters relating to SB 14 Ann McGeehan Director of Elections State of Texas January The Honorable Wendy Davis Texas Senate P.O. Box Capitol Station Austin Texas Dear Senator Davis This letter is to follow up on several questions that you asked during my testimony before the Committee of Whole as the Committee took up Senate Bill 14. First you asked about the number of voters who provided drivers license/personal identification card numbers social security numbers or who stated that they had neither number when they applied to register to vote. Here is the break down of those numbers since an identification number first became required in January 2006 Total number of new voters from 1/01/2006 through 12/31/ provided TDL/ID 59% provided SSN 7% provided both identification numbers 33% provided neither 1.0% Second you asked about the federal Help America Vote Act Funds. Specifically you asked about how the HAVA funds are budgeted and requested documentation of the budget. Enclosed are the Texas State Plan and subsequent HAVA funding certifications approved by the federal Election Assistance Commission. Lastly you asked how much of the HAVA funds had been spent on the online poll worker training program and that amount is $ I hope this information is helpful and please let me know if you have any additional questions. Sincerely /s/ann McGeehan Director of Elections JA001375

9 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 9 of nd Legislature Regular Session 6th Day The State of Texas Elections Division Phone P.O. Box Fax 512 J75.2RtI Austin Texas 7X Oral 7I1 For RdavServtcer tx. us RCai 252VUrL t86631 Hope Andrade Secretary of State October GinecnBresso Beach Chair US Election Assistance Commission 1225 New York Avenue. Suite 1100 Washington DC Dear Chairman Beach Texas respectfullyrequests the disbursement to the Texas Comptroller the fiscal year 2008 and 2009 requirements payments for which Texas is eligible pursuant to.th Help America Vote Act HAVA of As such I would like provide the following information regarding our HAVA state plan followed by the necessary certifications to access the funds Addendum to the 2005 Texas State Plan In accordance with Section of the Help America Vote Act the Texas Secretary of State proposes the following clarif caiions to the Texas. State Plan filed in The state has made no material changes but will modify.the budget described in Elemetu 6 of the 2005 State Plan to take into consideration additional. Congressional appropriations authorized in federal fiscal years2008 and 2009 as well as future appropriations Because no material changes are being proposed. the state is not required to.publish.a public notice asrequired in Section 256 of HAVA nor does it needto be published. in the Federal Register. However the.stateplan.including the information provided in this.correspondenc will bemadc.availableto the public on the Texas Secretary. of States website. Element bi Proposed Budget HAVA Sec. 254a6 The state will update The existing state plan budget to accommodate the following Consolidate the state plan purpose areas budget categories into the following four main categories 1. State PlanAdministration Overall administration of HAVAfunded activities including staffing costs technical support training andother. costs associated with overseeing.hava implementation. 2. TEAM statewide VR system Activities pertaining to the ongoing development maintenance andoperation of the FIA.VAcompliant voter registration J JA001376

10 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 10 of 171 Wednesday January SENATE JOURNAL 149 system TEAM. developed in response to IIAVA. Costs may also cover activities associated with county compatibility with TEAM. 3. Grant to Counties Includes subgrants to counties to continue compliance with Title III of HAVA. including ongoing maintenance and upgrades to. HA VAcompliant voting systems. Other subgrants to counties allow election officials and their staffs to attend electionrelated conferences seminars and training events. 4. Election Worker Training and Covers election official and election worker Voter Education training programs both printed.materia and online training tools. Voter education is tntended.to inform all Texas voters of their voting rights under the law including the mandates imposed by HAV k. Methods to reach the voters include media spots printed matenals and online tools. Maintain funding percentage ranges rather than fixed budget amounts which allows for the allocation of future appropriations and earned interest.. belowflue Increase funding for TEAM county compliance with HAVA Election Worker Training and Voter.Education and decrease fundingfor.state Plan Administration as described revised budget listed below maintains the same allocations as the Texas State Plan of 2005 but accounts for the increased funding made available by Congress in 2008 and 2009 In addition. the revised budget accounts for approximately $15.2MM in interest accrued on existing funds.and include all Title I funding. Although the state proposes to consolidate the Texas State Plan into four main categories. the Secretary of States accounting system and financial controls track each source of funding separately as well as the details on specific expenditures. Pronosed Proposed Purpose Allocation Allocation Suggested Percentage R es in Allocations Area Range millions a i rox SOS Administrative Expenses 2%5% 32.2 $ $ TEAM statewide VR system 10% 20%a $22.2.$44.5 $ Grants to Counties 65% 75% $144.7 $167 $ Voter Ed. Election Officialand Poll Worker Training 5% 10% $11.1 $22.2 $ Altocatio Allocation Percentaee ercen.ta e Proposed Current State Amended Purpose Area Plan State Plan SOS Administrative Expenses 4 40% 3.60% TEAM statewide VR system 15.50% 15.30% 2 JA001377

11 OF Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 11 of nd Legislature Regular Session 6th Day Grants to Counties 73.80% 73.90% Voter Ed Election Official and Poll Worker Training 6.40% 7.20% Certifications Texas hereby certifies to the following and is eligible to receive payments under Title U. Section 251 of the Help.American Vote Act HAVA Complied with the requirements referred to in section 253b of the Help America Vote Act of Filed and implemented a plan for uniform nondiscnrnnatory adinimstrative complaint procedures required by HAVA Section 402. Appropriated matching funds equal to five percent of the total amount of the I IA VA requirements payment budget. Complied with thesix laws listed in Section 906 of 13AVA. Fileda state plan that complies with the requirements listed to Sectipns and 256 of HAVA. Certifies under Section 251 b2 of HAVA that it has implemented the requirements of HAVA Title III and may use requirements payments for other activities to improve the administration of elections for federal office. Since flop Texas Andrade Secretary of State 3 JA001378

12 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 12 of 171 Wednesday January SENATE JOURNAL 151 The State of Texas Elections Division Phone n6.i0 P.O. Ilox 1206 HLv 5121i281I Aaslnrexas Dial 71I Poi Relay Services www. sos.slatc.tx us VOTE 8683 Hope Andrade Secretary of State August 2010 Donetta Davidson Chair US Election Assistance Colnmission 1225.New York Avenue Suite 1100 Washington. DC Dear Chairman Davidson Texas respectfully requests the disbursement to the Texas Comptroller the fiscal year 2010 Requirements Payments for which Texas is eligible pursuant to the Help America Vote Act HAVA of The Texas Secretary of State does not propose material changes to the Texas State Plan filed in 2005 As outlined. in the Texas certification to drawdown the 2008 and 2009 Requirements Payments. the statewill..continue to allocate the funding in four main categories based on percentages Purpose Area Description of Funding 1. State Plan Overalladmmtstrauon of HAVAfunded activities Administration including staffing costs technical support training and other.costs.associated wiftoverseomg HAVA 2% fo implementation. 2. TEAM statewide VR. Activities pertaining to the ongoing development. system maintenance andoperation of the FIAVAcompliant voter registration system TEAM. developed in response 10%20% tohava. Costs may also cover activities associated with county compatibility with TEAM. 3. Grant to Cotnities Includes subgrants to counties ui continue compliance with Title Ill. of hla A. including ongoing maintenance and upgrades to HAVAcompliant voting systems Other subgrants to counties allow election officials and 65% 75% their staffs to attend electionrelated.conferences seminars and training events. 4. Election Worker Covers election official and election worker training Training and Vtiter programs both printed material and online training Edticittion tools. Voter education is intendedto inform all Texas voters of their voting rights underthe.law.. including the 5% 10% mandates imposed by HAVA. Methods to reach the votersi include media spots printed materials and online toot5 1 JA001379

13 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 13 of nd Legislature Regular Session 6th Day Certifications Textis Hereby certifies to lhcfollowing and is eligible to receive payments under Title.1 Section 251 of the Help American Vote Act HAVA Complied with the requirements referred to in section 253h of the.l4elpamerica Vote Act of Filed.and implemented a plan for uniform nondiscriminatory administrative complaint procedures required by HAVA Section 402. Appropriated matching funds equal to five percent of the total amount of the.hava requirements payment budget. Complied with the six laws listed in Section 906 of HAVA. Filed a state plan that complies with the requirements listed in Sections and 256 of IJAVA. Certifies under Section.25 b2 of HAVA that it has implemented lie requirements of HAVA Title Ill and may use requirements payments for other activities to improve the administration of elections for federal office.. Sincerel Andrade exas Secretary of State 2 JA001380

14 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 14 of 171 Wednesday January SENATE JOURNAL 153 Amended Texas State Plan Pursuant to the Help America Vote Act of 2002 HAVA January 2005 Geoffrey S. Connor Secretary of State P.O. Box Austin Texas VOTE8683 JA001381

15 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 15 of nd Legislature Regular Session 6th Day Help America Vote Act 2002 Texas State Plan Amended Texas State Plan 1. How the requirements payments i.e. Title Il funds will be used to meet the mandates in Title III new federal requirements Brief Overview of State Elections Structure The Secretary of State SOS is the chief election officer of the state and is required to maintain uniformity in elections held in the state and to advise and assist local officials who actually conduct elections. The Secretary of State also has authority to adopt administrative rules to gain uniformity in interpretation of state election laws and procedures. The conduct of elections in Texas is decentralized. The statutory requirements for elections are set out in the Texas Election Code. The county clerk or county election administrator in those counties that have created the office is generally the official charged with conducting county elections. County voter registrars maintain the official list of registered voters the voter registrar is generally either the county tax assessorcollector or again the election administrator. The county political parties conduct primary elections in Texas with the county chair as the chief elections official. Early voting in the primary is conducted by the county elections official. Other elections are conducted by the political subdivision. City elections are held by the city school district elections by the school and so on. These political subdivisions often contract with the county to conduct their election or hold joint elections with one another but they are not required to do so. They utilize the county list of registered voters appropriate for their locality. The Secretary of State maintains an unofficial state list of registered voters. The Secretary of States office houses and maintains a state master file of all registered voters. The Secretary of State also maintains the Texas Voter Registration Online System TVRS which is a voluntary online voter registration system currently used by. 164 of 254 counties. For those counties utilizing the TVRS system the state database reflects their official voter file. The master file has approximately 12.1 million active voters and also stores approximately 2.5 million cancelled voters at any given time. The state master file maintains two separate tables defined for either offline or online counties. An offline county updates the masterfile through a web browser application on a weekly basis in a prespecified standard record layout. TVRS counties update in real time with all transactions validated and updated per session. At present voter registration systems are reviewed by the Secretary of States office to ensure that they are capable of submitting reports in a standard format as required by the state. Texas is a state covered under Section 5 of the federal Voting Rights Act which requires changes in election processes to be submitted to the Voting Section of the U.S. Department of Justice DOJ for review prior to enforcing the change. At the state level the Secretary of State submits changes in state election procedures. At the local level each county must submit its changes to DOJ. These include polling place changes change in the method of election and adoption of new voting systems among others. 2 JA001382

16 below. Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 16 of 171 Wednesday January SENATE JOURNAL 155 Help America Vote Act 2002 Texas State Plan According to the 2000 decennial census the voting age population of Texas was The state had registered voters for the 2000 general election. In the 2002 November general election the number of registered voters was Turnout in the 2000 November general election for state and county officers was which constituted 51.8% of the registered voters and 42.8% of the voting age population. Turnout in the 2002 general election for state and county officers was which constituted 36.2% of registered voters and 30.4% of the voting age population using the 2000 census numbers. In November 2000 the breakdown of election systems used by counties was Paper Ballot Punch Card 14 Lever Machine 3 DRE 4 Attached as Table 2 page 22 is a list of the county by county breakdown of voting systems. The Secretary of State is the authority charged with certifying voting systems for use in the state. How the state will meet the Title III requirements is described in Table l The charts have been updated to reflect the current status and action planned as of January Table I All voting systems shall permit a Meets the requirement. Texas Election Code No action needed. voter to verify/review selections TEC Sections and b. before casting the vote. Allow voter to change or correct Meets the requirement. TEC Section No action needed. any error on the ballot before casting the vote. Prevent or alert voter if he/she Partially meets the requirement. DRE systems A voter education overvotes on the ballot. and precinct count optical scan systems alert the campaign will he voter of an overvote. implemented in all centrally counted Manually counted paper ballots centrally optical scan and counted optical scan ballots and punch card paper ballot precincts ballots do not alert the voter of overvotes. no later than January to educate Current process on mailin paper absentee voters on the effect of ballots would not meet the an overvote on these requirement. systems. 3 JA001383

17 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 17 of nd Legislature Regular Session 6th Day Help America Vote Act 2002 Texas State Plan 1 I A All voting systems must be able to Meets the requirement state law currently No action needed. produce a paper audit trail of all requires real time audit of all election activity. votes cast. TEC Section a Voting systems must be accessible Partially meets the requirement. Upgrade existing for individuals with disabilities voting systems or including nonvisual accessibility 13 counties have adopted an accessible DRE purchase new for the blind and visually voting system. Most counties do not meet this systems. All polling impaired in a manner that requirement. places will be provides the same opportunity for required to be privacy and independence as other equipped with at least voters. one DRE no later than January This requirement may be met by pursuant to House having at least one DRE or other Bill syste equipped for individuals with disabilities at each polling site. Voting systems shall provide All certified voting systems meet this No action needed. alternative language accessibility requirement for Spanish language and one pursuant to the requirements of voting system has been certified for the Section 203 of the Voting Rights Vietnamese language. Act of All voting systems shall have error Meets the requirement. No action needed. rates machine errors only that do not exceed the Federal Election This requirement was added to state law in HB Commission standards A uniform definition of what Meets this requirement. No further action constitutes a vote for each voting required. system in use in the state. State law was passed to provide a uniform definition for what constitutes a vote. House Bill A provisional voter is to be State law was amended to provide procedures to No further action allowed to vote a paper ballot or meet this requirement effective January needed. an electronic ballot upon the pursuant to House Bill The Secretary of completion of an affidavit. The State has adopted administrative rules to ballot will be sealed in an provide specific procedures and has adopted envelope or electronically stored forms to assist in the implementation of this separately from the regular votes. new process. The provisional ballot is to be transported to the appropriate election officials for determination of eligibility and counted if voter 4 JA001384

18 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 18 of 171 Wednesday January SENATE JOURNAL 157 Help America Vote Act 2002 Texas State Plan A s 7 MI err A is deemed eligible Each voter who casts a provisional State has developed administrative rules and has No further action vote shall be given written adopted forms to implement this requirement. needed. information on how he or she can ascertain whether his or her vote was counted and if not why. Establish a free access system State rules require the provisional voter to he No further action such as tollfree phone number or notified via mail whether the voters ballot was needed. Internet website allowing counted and if the ballot was not counted the provisional voters to ascertain reason why it was not counted. whether their vote was counted and if not why. Post in each polling place a State law passed to make it mandatory to post a No further action sample version of the ballot that sample ballot at each polling location. needed. will be used on election day. Post information regarding the day State law passed to require this posting. No further action of the election and polling hours. needed. Post general information on state State has prescribed language on the voter No further action and federal voting rights and the information poster required to be posted at each needed. right to a provisional vote if the polling place beginning January requirementsto vote are met. Post general information on State has prescribed language on the voter No further action federal and state laws prohibiting information poster required to be posted at needed. each acts of fraud and polling place beginning January misrepresentation. Any voter who casts a vote as the State law amended to provide for this No further action result of a federal or state court occurrence and law became effective January 1 needed. order extending polling hours Precinct election forms were designed to shall do so on a provisional ballot accommodate this occurrence. and it shall be kept separate from other provisional ballots. State shall implement a uniform Does not meet the requirement. State law was official centralized interactive amended to require a computerized statewide voter Currently 164 counties use the Secretary of statewide official list registration list. State voter registration program to register and maintained at the maintain their lists of voters. The data is held at Secretary of States the Secretaryof States Office. office. The state 5 JA001385

19 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 19 of nd Legislature Regular Session 6th Day Help America Vote Act 2002 Texas State Plan 7 i.q completed the State law requires the state to maintain a copy procurement process of the list of registered voters and counties and signed a contract have to update to the state database once a for the development week. The state database is not considered the of a complaint official list of voters. statewide system on November Development system is of the underway. Perform list maintenance to ensure State meets this requirement. State receives No action needed. only qualified voters appear on the information from other state agencies regarding list including felons and deaths of deaths and felons and provides this information registrants. to county voter registrars on a weekly basis. Ensure that only voters who are State meets this requirement. State law not registered or who are not prescribes narrow guidelines regarding No action needed. eligible are removed from the canceling a voters registration. Only with a computerized list. positive name and identification number match can a voter be canceled. The local county voter registrar not the state cancels voters. Voter registrars may not cancel based on information provided by a vendor unless that information is verified by the voter registrar by a public record. TEC Chapter 16 and Section Ensure that voter registration Does not meet the requirement. State law was records are accurate and updated amended to require a regularly. statewide official list maintained at the Secretary of States office. The state completed the procurement process and signed a contract for the development of a complaint statewide system on November Development of the system is underway. State to verify applicants drivers Does not meet the requirement. State law was license or social security number amended to require a prior to approval of applicant. statewide official list maintained at the Secretary of States 6 JA001386

20 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 20 of 171 Wednesday January SENATE JOURNAL 159 Help America Vote Act 2002 Texas State Plan Wt x.s34 tat wo31 zcttraeutr tiit si. yr otii....xtlv. ARE. syvin office. The state completed the procurement process and signed a contract for the development of a complaint statewide system on November Development of the system is underway. State to assign unique identifier if Does not meet this requirement. State law was applicant does not have drivers amended to require a license or social security number. statewide official list maintained at the Secretary of States office. The state completed the procurement process and signed a contract for the development of a complaint statewide system on November Development of the system is underway. Require appropriate identification State law was amended to require identification No further action for first time voters if a at time of registration for first time voters computerized list has not been registering to vote by mail effective January 1 implemented required. Voter registration application is State has prescribed new form and has No further action required to have additional distributed to all counties. information printed on it. required. 2. How Title 11 requirement payments will be monitored and distributed for the purpose of meeting the mandates in Title 111 including determining the eligibility for receipt of payments and our methods for monitoring the performance of the local entities continued eligibility. The SOS has developed an online grant application and management system. This system is essential for the SOS to establish an infrastructure and the necessary controls to effectively manage the HAVA funds and to accurately report the necessary programmatic and financial information to the federal government. Figure 1 page 15 outlines the currently approved 7 JA001387

21 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 21 of nd Legislature Regular Session 6th Day Help America Vote Act 2002 Texas State Plan requirements payments budget for the 2003 fiscal year appropriation and the proposed budget for the 2004 fiscal year appropriation. The following is a description of how the funding has and will be distributed to funding recipients as well as a description of the funding allotments to each county. Grant Award Process In September 2004 an award agreement was sent to each Texas county judge. As the chief executive officer of the county the judge is required to sign the award agreement. To secure the funding there are three basic steps 1. The award agreement must be signed and returned to the Office of the Secretary of State. 2. A resolution from the countys governing body i.e. county commissioners court must be submitted as well. Required language for the resolution is included in the award agreement. 3. The online forms located on the Texas RAVA online grant system must be satisfactorily completed. The forms require information such as the official county address as well as the countys Employer Identification Number State Vendor ID VIN and 3digit Mail Code. The State Vendor ID is assigned by the State Comptrollers Office when an entity receives funds from the state and is comprised of the federal ID number plus a few other digits. The mail code determines which account the funds will be direct deposited into or whether a state warrant will be mailed. The county financial officer i.e. county auditor or treasurer will have this information. The county is also required to enter a detailed budget for each funding allocation. Guidelines regarding eligible uses for each funding allocation are included in the award agreement as well as the online forms. Grant activities must also be entered into the grant system where applicable. DEADLINE TO APPLY FOR FUNDING The FY 2003 funds will be available through August Because not all counties will develop their funding priorities at the same rate there are no deadlines currently imposed by the SOS for the counties to complete the online forms. However all counties are encouraged to submit the signed grant award agreement that was sent to the county judge along with the required resolution from the commissioners court as soon as possible. The SOS may impose deadlines if an excessive amount of time elapses and the county has taken no action to secure the funding. RESOLUTION In addition to the parties that typically sign a resolution for the county e.g. the county judge and the commissioners the county election officials and the county financial officer must also sign the resolution. GRANT AWARD APPROVAL AND REQUESTING REIMBURSEMENT After the SOS has received the signed agreement that was sent to the county judge the required resolution from the commissioners court as outlined in the award agreement and the online forms have been submitted via this system the SOS will review the documents and online forms for accuracy and completeness. Upon SOS approval an notification will be sent to the county judge the election officials and the financial officer Note an notification will only be sent if the 8 JA001388

22 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 22 of 171 Wednesday January SENATE JOURNAL 161 Help America Vote Act 2002 Texas State Plan user provides one when entering his or her contact information. At that time the county financial officer will have access to submit reimbursement requests via the grant system. Funding Allocations Fiscal Year 2003 Appropriation Accessible Voting System in Each PollingPlace These funds are to he used for reimbursement of county costs incurred as a result of obtaining a HAVAcompliant accessible voting system in each polling location. This requirement may he met by having at least one accessible direct recording electronic voting system DRE or other system equipped for individuals with disabilities at each polling site. The reimbursable amount each county is eligible for is calculated based on the number of precincts polling places used during the 2000 federal election multiplied by $3000. General IIAVA Compliance These funds may be used by the county for voter education election worker education upgrading voting systems to comply with new federal standards including compatibility with the new statewide voter registration system and acquiring an accessible voting system in each polling place. Priority will be given to acquiring an accessible voting system is each polling place because of the January compliance mandate. The reimbursable amount each is county eligible for is calculated based on the. countys voting age population during the 2000 federal election as a percentage of the states total voting age population and the total budgeted amount for general HAVA compliance. However each county that would receive less than $5000 based on the formula will receive $5000. Funding Allocations Fiscal Year 2004 Appropriation Because the FY 2003 allotment of funding will not cover all of the county costs to purchase an accessible voting system in each polling location Texas has proposed to increase the Requirements Payments to the counties by 200 percent. By fully funding the costs associated with acquiring at least one accessible voting system for each polling location counties will be less likely to object to the HAVA mandate. Additionally the counties may seize the opportunity afforded by the available federal dollars to fully update their outdated voting systems rather than simply purchasing the HAVArequired minimum of one accessible system per polling location. The SOS will likely amend the current award agreement between the state and the counties or draft a new agreement to accommodate the additional funding. Grant Regulations and Grant Oversight The Secretary of State will develop a monitoring plan in The monitoring function may be outsourced or may be handled internally or a combination of the two may be employed. This grant program falls under the general requirements of the Uniform Grant Management Standards UGMS prescribed by the Texas Office of the Governor. UGMS prescribes a standard set of 9 JA001389

23 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 23 of nd Legislature Regular Session 6th Day Help America Vote Act 2002 Texas State Plan financial management procedures and definitions and ensures accountability for expenditure of public funds. UGMS also incorporates the following federal regulations OMB Circular A87 OMB Circular A102 Common Rule Administrative Requirements 53 FR 8087 March OMB Circular A133 nonvisual Per the terms and conditions of the award agreement any funding received by the county regardless of the purpose contingent each polling place within the county must have a voting system that SOScertified as accessible for individuals with disabilities including accessibility for the blind and visuallyimpaired in a manner that provides the same opportunity for privacy and independence as other voters no later than January Voter Education Election Official Education and Training and Poll Worker Training a. Voter Education Plan Goal The state will develop a comprehensive voter education plan to educate voters on certified voting systems and the proper use of those voting systems with special emphasis on accessibility issues as it relates to the use of voting systems. Components of the education plan will include the statewide voter registration system and how to vote a provisional ballot. The state has a responsibility to ensure that the voting process and our systems of voting are accurate secure and accountable. Our voter outreach efforts will need to be designed to reflect and incorporate the diverse populations of Texas through a wellexecuted adaptable program delivered in an easytouse format and in alternative formats for individuals with disabilities. The mediums for delivery of this voter education program will need to be equally diverse. b. Educating the Voter The state surveyed the 254 counties compiled a list of best practices and developed resources to supplement existing training materials for the voter. The Secretary of State will release an RFP in 2005 for the HAVA Education piece that will be consistent with applicable state and federal laws and regulations including the Texas Government Code and the Texas Building and Procurement Commission. HAVA funding will be used for education as it relates to Title II of HAVA which includes educating the voter on 1 How to verify/review selections before casting the vote. 2 How to change or correct any error on the ballot before casting the vote. 3 How to avoid over voting. 4 How individuals with disabilities including nonvisual accessibility for the blind and visually impaired can access the voting system in a matter that provides the same opportunity for privacy and independence as other voters. 5 How the countys voting system provides itcrnative language accessibility pursuant to the requirements of Section 203 of the Voting Rights Act of What constitutes the uniform definition of the voting 10 JA001390

24 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 24 of 171 Wednesday January SENATE JOURNAL 163 Help America Vote Act 2002 Texas State Plan systems in use in the county And 7 How to vote a provisional ballot including written information on how the voter can ascertain whether his or her vote was counted and if not why. Although HAVA funds were not spent on education prior to the 2004 elections we state level at the Revised all of our brochures including Services Available to Voters with Special Needs Texas Voting Early Voting in Texas and Volunteer Deputy Registrar Guide. Those brochures are on our web site and also available in hard copy. The following brochures have been developed and are available via our web Young Texas Voters When Your Home is Your Polling Place and Conducting a Successful Voter Registration Campaign. The following new items/brochures were developed and disseminated statewide to election officials and upon request to voters What. Every Texan Needs to Know About Elections in Texas targeting First Time Voters Voter Rights Poster and Overvote/Undervote Poster. We developed and disseminated the Project V.O.T.E. Voters of Tomorrow through Education Student Mock Election Curriculum for teachers regarding the conduct of a mock election for Texas students kindergarten through 12th grades. Over a half million students participated in the 2004 Texas Student mock election. A PowerPoint Presentation was developed titled Voter EducationA General Overview. This presentation was/is designed for civic groups charitable and nonprofit organizations for conducting voter registration drives. The Secretary of State appointed a virtual voter education advisory committee composed of voter advocacy groups and other interested stakeholders to advise the Secretary of State on HAVArelated voter education materials and programs. c. Election Officials Education and Training The state developed a comprehensive training component for Election Officials that included videos pamphlets updated handbooks and an electionbased training module prior to January The new training program and educational resources explain all the components of HAVA including overvote and undervote provisional voting DREs voters rights the administrative hearing process new voting system requirements statewide voter registration system requirements methods of poll worker training accessibility for people with disabilities and alternative language requirements. The state will look into the possibility of developing an outreach program working with the Department of Public Safety DPS to provide resources and materials to improve the voter registration process no later than July ll JA001391

25 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 25 of nd Legislature Regular Session 6th Day Help America Vote Act 2002 Texas State Plan The state will continue to work proactively with election officials to assist and advise in the recruitment of college and university students as poll workers. The state will investigate the possible creation of an online training module for election officials with a possible certification component no later than January d. Training of Poll Workers The State has developed and disseminated statewide a new curriculum for Election Judges and Clerks complete with a training video for preparing the polling place qualifying voters closing the polling place and discussing new law and HAVA. The curriculum for Election Judges and Clerks also has a testing component. We were successful in training over poll workers before our 2004 Primary Elections. Regional schools for the training of election judges and clerks for the 2004 Election were conducted prior to the Primary and General Elections. Secretary of State staff traveled the state educating election officials about Texas law HAVA and in some locations we partnered with the Coalition of Texans with Disabilities who presented a unit on voters with disabilities and educating election officials on the rights of disabled voters. 4. How the state will adopt voting system guidelines consistent with Sec. 301 Sec. 254 a 4. Voting System Standards The state of Texas voting systems standards contained at Section of the Texas Election Code are already in substantial compliance with the requirements set out in Section 301a1 of.hava. Pursuant to an administrative rule adopted by the Secretary of State Rule before any voting system may be certified for use in a Texas election the voting system must meet the voluntary voting systems standards promulgated by the Federal Election Commission. Texas Administrative Code Tex. Sec. of State. Overvote and Opportunity to Correct Ballot All systems used in Texas allow a voter to change his or her vote. In a paper or optical scan ballot system a voter may receive up to two replacement ballots if he or she makes an error marking the original ballot. Texas currently posts voting instructions that inform the voter of his or her right to replace a spoiled ballot. Precinctlevel optical scan voting systems inform the voter of an overvote in a particular race and give the voter an opportunity to correct the ballot. Texas Administrative Code Tex. Sec. of State. Direct Recording Electronic voting systems DREs currently certified for use in Texas and mechanical lever machines do not allow for overvoting. In those entities using handcounted paper ballot central count optical scan mechanical lever machines or punch card voting systems the voter is not informed when he or she overvotes in a race. However language will be added to voter instructions to inform voters of the 12 JA001392

26 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 26 of 171 Wednesday January SENATE JOURNAL 165 Help America Vote Act 2002 Texas State Plan definition and consequences of an overvote and Texas will establish a voter education program to explain the effect of overvoting. Punch card and lever voting systems will be phased out of use. The Texas Legislature passed legislation this year to prohibit their use after January All of the systems used in Texas allow voters to view their choices before they cast. their ballot. DRE voting systems are already required under current state law to present voters with a summary screen of the entire ballot to allow voters to review and change their choices prior to the final cast of the ballot. Manual Audit Electronic voting systems are required under state law to provide records from which the operation of the voting system may be audited In addition the Secretary of State has adopted an administrative rule Section which requires a real time audit log that records all significant election events and records the date and time of each event. Also due to the fundamental inability of lever machines to produce a manual audit of its records Texas has recently passed a law that prohibits the use of these systems in elections after January Accessibility Under HAVA the voting system must be accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation as for other voters. HAVA provides that this requirement may be met by placing a DRE or other accessible voting unit in each polling place. Texas law currently requires voting systems acquired on or after September to comply with Section 504 of the federal Rehabilitation Act of U.S.C. Section 794 and its subsequent amendments and Title II of the federal Americans with Disabilities Act 42 U.S.C. Section et seq. and its subsequent amendments and to provide a practical and effective means for voters with physical disabilities to cast a secret ballot. Detailed guidelines as to what constitutes an accessible voting system have been adopted by administrative rule which is enclosed. In all the remaining polling places throughout the state which use voting systems that do not meet the accessibility guidelines counties will purchase DRE at least 1 per polling place in order to satisfy the requirements. The state legislation implementing HAVA repeals the current voting system accessibility law and replaces with it language which tracks the federal law for accessibility. Until the Election Assistance Commission issues HAVAcompliant accessibility standards Texas will continue to evaluate accessibility based on the state rule and FEC accessibility standards. Lan ua e Accessibility Because Texas is a state covered by Section 1973aaIa and Section 1973bf4 of the federal Voting Rights Act voting systems are already required to provide alternative language 13 JA001393

27 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 27 of nd Legislature Regular Session 6th Day Help America Vote Act 2002 Texas State Plan accessibility to the ballot Statewide Spanish has been required since 1975 and ballots have been required to be in English and Spanish since that time. As a result of the 2000 census in some areas of the state Vietnamese Kickapoo and Pueblo languages are required. Review of whether a voting system provides alternative languages is already an element of voting system certification in Texas. Error rates HAVA requires that the counting error rate of voting systems must comply with the standards established under the Federal Election Commission. Secretary of State Administrative Rule requires that before a voting system may be certified for use in Texas the voting system must meet the voluntary voting system standards promulgated by the Federal Election Commission. In addition the state legislation adopted to implement liava amends the Texas Election Code to require that all voting systems comply with the error rate standards adopted by the Federal Election Commission. Definition of VSte Current state law contains a detailed definition of a punch card vote. Texas has recently passed legislation that fully defines what constitutes a vote cast under handcounted paper ballot optical scan and lever machine systems. See Exhibit D. 5. How the Election Fund will be established and managed Sec. 254 a 5. The Texas Legislature created an Election Improvement Fund as a dedicated account in the general revenue fund and consists of federal funds designated for election improvement matching funds from the state or a political subdivision and depository interest earned on the assets of the fund. The state has appropriated funds to satisfy the five percent match requirement of Section 253 of HAVA in House Bill h Regular Session The fund will be managed according to the Uniform Grant Management Standards prescribed by the Texas Office of the Governor and the terms and conditions of the federal grant awards. The SOS has also hired a grant manager as well as an accountant to oversee and administer the grant program. 6. The states proposed budget for activities under this part based on the states best estimates of the costs of such activities and the amount of funds to be made available. The budget below is based on the states best estimate. The SOS anticipates some adjustments will be necessary however the Secretary of State will reconvene the HAVA Advisory Committee for advice on how to reallocate the funds if the change is substantive. It should be noted that the free access system for provisional voters has been adjusted to $0 because the state is already in compliance with that requirement. 14 JA001394

28 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 28 of 171 Wednesday January SENATE JOURNAL 167 Help America Vote Act 2002 Texas State Plan Figure 1 FY03 AnDrop. FY04 Annroa. Title Federal Award $ $0 I Estimated Amount Actual Budge t Proposed Budcel Punch Card and Lever Replacement $ $ N/A PreliminaryPlanning For Statewide Voter Registration System $ $ N/A State Plan Administration $ 2 4 million $ N/A Voter Education $ 2 3 million $ N/A Election Official and P06 Worker Training $ 2 3 million $ N/A County Compatibility with New Statewide Voter Registration System $ 6 million $ N/A County Education Fund $1 2 million $ N/A Title II Federal Total $ million $ N/A Award $ $ Required State Match $ $ Total Available $ $ Estimated Arouni Ac11.1a16udgst Proposed Budd et SOS Admin Slate Plan Administration N/A N/A $ Free Access System for Provisional Voters $ 1 million $0 $0 Statewide Voter Registration System $ million $ $ Accessible Voting System in Every Place $ 25.5 million $ h Grant Funding to Counties for HAVA Polling Title 111 Compliance $ 20 million $ County Compatibility with New Statewide Voter Registration System N/A N/A $ Voter Education Election Official and Poll Worker Training N/A N/A.00Q.00 Total million $ $ Statement that the state will in using the requirements payments provide for maintaining the funding for activities funded by the payments fiscal year ending before November 2000 Sec. 254 a 7. at a level not less than the The Secretary of State has determined that the activities funded by the requirements payments as outlined in this state plan will not reduce the level of expenditures maintained by the state for the fiscal year ending prior to November Additionally since the initial state plan was filed the SOS has determined that the requirements payments activities as outlined in this plan have never been funded by the state to the counties prior to the fiscal year ending before November Consequently the counties need not certify they are in compliance with the maintenance of effort requirement as originallyproposed as it is not applicable. 8. How the state will adopt performance goals and measures to determine success in carrying out the plan Sec. 254 a 8. The Secretary of State and county election officials are responsible for ensuring the success in meeting each performance goal. Each countys voter registration and elections office also have a substantial responsibility in meeting performance goals in that the counties will monitor performance measures and will report to the state on a regular basis. The performance goals include ELIMINATION OF PUNCH CARD VOTING AND LEVER EQUIPMENT a. Timetable January b. Criteria Replacement of punch card voting equipment and lever machines in 17 counties that used voting equipment in JA001395

29 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 29 of nd Legislature Regular Session 6th Day Help America Vote Act 2002 Texas State Plan c. How criteria is measured Assess 17 counties after January to determine if any punch card or lever machines are being used in federal elections. d. The county election officials are responsible for meeting this measure with the advice and assistance of the Secretary of State. VOTING SYSTEM STANDARDS a. VOTING SYSTEMS 1 Timetable January Criteria All voting precincts in the state will have a voting system that provides voters an opportunity to check for and correct ballot errors in a private and independent manner notifies the voter of any overvotes cast and the effect of casting an overvote allows the voter to correct the overvote before the ballot. is cast has a manual audit capacity and an error rate that does not exceed the existing rate established by the FEC or Office of Election Administration. For the precincts that do not have such a system in place an extensive voter education program will be developed and used in each county. A program will be developed for each type of voting system and paper ballot to educate the voter on what constitutes a legal vote for each type of voting machine and how to correctly cast a ballot for each type of voting system. 3 How the criteria is judged Assess all counties to ensure 100% participation in using voting systems that meet the HAVA requirements or using the education program developed by the Secretary of State. 4 The county election officials are responsible for meeting this measure with the advice and assistance of the Secretary of State. b. ACCESSIBLILITY FORINDIVIDUALS WITH DISABILITIES 1 Timetable January Criteria Provide at least one direct recording voting device in each polling place in the state that will allow voters with disabilities the opportunity to cast a ballot without assistance. 3 How criteria is judged Assess each county to ensure 100% of the polling places have implemented a direct recording voting device that allows voters with disabilities the opportunity to cast a ballot 4 The county election officials are responsible for meeting this measure with the advice and assistance of the Secretary of State. without assistance. c. ALTERNATE LANGUAGE ACCESSIBILITY 1 Timetable Currently 2 Criteria Provide alternative language accessibility pursuant to the federal Voting Rights Act. 16 JA001396

30 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 30 of 171 Wednesday January SENATE JOURNAL 169 Help America Vote Act 2002 Texas State Plan 3 How criteria are judged Texas has provided alternative language for all voting systems voting materials and forms used in the polling place since Before a voting system is certified by the Secretary of State the voting system must demonstrate alternate 4 The county election officials are responsible for meeting this language accessibility. measure with the advice and assistance of the Secretary of State. PROVISIONAL VOTING a. PROVISIONAL BALLOTS PROVIDED 1 Timetable January Criteria Provide provisional ballots to ensure no individual is turned away at the polls. 3 How criteria is judged Assess all counties to ensure the new procedures for provisional voting are in place and that all election workers have been trained on the new procedures. 4 The county election officials are responsible for meeting this measure with the advice and assistance of the Secretary of State. b. FREE ACCESSSYSTEM 1 Timetable January Criteria Implement a free access system in each county so that the voters can determine if their provisional ballot was counted. 3 How criteria is judged Success of meeting this performance goal is based on the establishment of a free access system in each county so that voters can determine if their provisional ballot was counted. 4 The county election officials are responsible for meeting this measure with the advice and assistance of the Secretary of State. c. INFORMATIONAL VOTING POSTER 1 Timetable January Criteria Voter information must be posted at each polling place to include sample ballots dates and hours of voting instructions for voters registering by mail and for first time voters voter rights including the right to vote a provisional ballot and legal notice prohibiting voter fraud and misrepresentation. 3 How criteria is judged Survey all counties to ensure that the voting poster is included with election supplies and that all election workers have been instructed to post such information in the polling place. 4 The Secretary of State will prescribe and distribute informational posters to all counties prior to January The county election officials are responsible for ensuring the poster is properly posted in each precinct. 17 JA001397

31 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 31 of nd Legislature Regular Session 6th Day Help America Vote Act 2002 Texas State Plan STATEWIDE VOTER REGISTRATION SYSTEM a. COMPUTERIZED STATEWIDE VOTER LIST 1 Timetable January Criteria Implementation of a single uniform official centralized interactive computerized statewide voter registration list that is defined maintained and administered at the state level. 3 How criteria is judged Success of meeting this performance goal is based on the implementation of a statewide voter registration of HAVA. system that meets the requirements 4 The Secretary of State in conjunction with the county election officials is responsible for meeting this measure. b. NEW VOTER REGISTRATION APPLICATION 1 Timetable January Criteria Prescribe print and distribute new voter registration applications that meet the requirements of HAVA. 3 How criteria is judged The Secretary of State will prescribe print and distribute a new voter registration application to all counties prior to January The Secretary of State in conjunction with the county election officials is responsible for meeting this measure. The Secretary of State will collect specific data to identify the successes of each county as it relates to the implementation of the Help America Vote Act of 2002 HAVA. The Secretary of State will compile the data in reports for tracking purposes and to share with interested parties such as the EAC. The report will include an indication of whether each county met the performance goals. If the Election Assistance Commission or any other federal agency should prescribe such a report or survey the state will use the federal form in lieu of the state form. 9. Description of state based administrative complaint procedures Sec. 254 a 9 The Secretary of State has adopted an administrative complaint procedure through its rulemaking authority. Complaints are limited to those arising from violations of Title III of HAVA. As required under Section 4022 of HAVA complaints shall be required to be in writing signed by the complainant and notarized. The Secretary of State will have authority to consolidate complaints for efficiency and to resolve any complaints through an informal process if warranted. Review of the complaint will he held pursuant to the right of notice hearing and adjudication as set out in the administrative rule. 18 JA001398

32 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 32 of 171 Wednesday January SENATE JOURNAL 171 Help America Vote Act 2002 Texas State Plan 10. A description of how payments for punch card replacement and early out money affects the activities under the plan including the amount of funds available Sec. 254 a 10. Punch card and lever voting system replacement award agreements were sent to all eligible counties in April The Title I funds will be distributed administered and monitored using the same standards as the requirements payments that are distributed to the counties. 11. Description of how the state will conduct ongoing management of the plan Sec. 254 a 11 The Secretary of State has hired a HAVA grant manager a HAVA grant accountant a project manager to oversee the development and implementation of the HAVAcompliant statewide voter registration system and will hire monitoring staff or outsource that function. All procurement with HAVA funds will be consistent with applicable state and federal laws and regulations including the Texas Government Code and the Texas Building and Procurement Commission. All subawarded grants will include an award agreement with the terms and conditions governing the use of the funds and will adopt by reference the State of Texas Uniform Grant Management Standards OMB Circular A87 OMB Circular A102 Common Rule Administrative Requirements 53 FR 8087 March and OMB Circular A133. If material changes to the state plan are necessary the Secretary of State will propose the change in the Texas Administrative Register. In addition the Secretary of State intends to continue working with the HAVA Advisory Committee as the plan is implemented. The State Plan provides a general framework of HAVA implementation in Texas but the Secretary of State will continue as needed to adopt administrative rules to define specific procedures for provisional voting and other HAVArelated issues as well as modify and design forms as the implementation of HAVA continues to evolve. As rules are proposed and as new voter forms are drafted the Secretary of State will distribute the drafts to the HAVA Advisory Committee for comments and suggestions. 12. Description of how the plan reflects changes from the state plan for the previous fiscal year. Each section has been updated accordingly and reflects the current state plan. 13. A description of the committee that participated in the development of the plan Sec. 254 a 13. An advisory committee was appointed by the Secretary of State to help develop the State Plan. We enlisted professional associations voter advocacy groups and other relevant associations and requested that each association appoint a representative to serve on the advisory committee. The Committee conducted public meetings on the following dates April May June February and November Minutes of all Committee meetings are posted on the Secretary of State website at http// The Preliminary Texas State Plan was 19 JA001399

33 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 33 of nd Legislature Regular Session 6th Day Help America Vote Act 2002 Texas State Plan posted on the web on July and also published in the Texas Register on August Public comment was accepted through September The proposed amended budget was posted on the Secretary of State agency website on November and was discussed at the November meeting of the HAVA Advisory Committee. In addition notice of the proposed amended budget was published in the Texas Register on November JA001400

34 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 34 of 171 Wednesday January SENATE JOURNAL 173 Help America Vote Act 2002 Texas State Plan Advisory Committee Members Teresa Aguirre Beverly Kaufman Bruce Sherbet Texas Association of Harris County Clerk Dallas County Elections Counties Administrator Bob Lydia Phil Barrett President Sandra Vice Texas Department of NAACP State Auditors Office Information Resources Molly Beth Malcolm Bea Westbrook Paul Bettencourt Chairwoman President Harris County Tax Assessor Texas Democratic Party Texas Association of Tax Collector AssessorCollectors Germaine Martinez Newton County Tax Assessor Paulette Burke Program Specialist Collector Texas County District Texas Department of Public Clerks Association Safety Chad Wilbanks Rockwall County Clerk Texas Republican Party The Honorable Jane Nelson Brett Carr Texas State Senator Don Willett Senate State Affairs Deputy Attorney General Jodi Park General Counsel The Honorable Mary Denny Coalition of Texans with Office of the Texas Attorney Texas State Representative Disabilities General Chair House Committee Judge Elections Robert Eckels Nina Perales MALDEF County Judges and Sharon Rowe Commissioners Association President Texas Association of Elections Administrators Frank Elder Collin County Elections Assistant Chief Administrator. Texas Department of Public Safety Rudy Sandoval Chief of Staff Claude Foster ACLU of Texas Inc. LULAC Michael Scholfield Barbara Hankins Assistant General Counsel Texas League of Women Governors Policy Voters Office of the Governor David Hanna Jonas Schwartz Texas Legislative Council Program Services Manager Advocacy Inc. 21 JA001401

35 FUNDING ALLOCATIONS TO TEXAS COUNTIES Table 2 FY04 FY03 Approp. A pro General HAVA 200% FY03 VOTING County Accossible Accessibility and Education Fund Voting System Compl. im Gen. HAVA COUNTY VOTING SYSTEM PRECINCTS AGE POP. $5000 Minimum Comp. Fundin ANDERSON io tical $ $58022 $ ANDREWS $ $11827 $53714 ANGELINA $ $ $ ARANSAS $ $22784 $87665 ARCHER Opticat $ $8446 $ ARMSTRONG Paper $ $5000 $64071 tv ATASCOSA $ x $35034 $ a AUSTIN $ $22869 $ r BAILEY Pa ppr Y $ $6107 $60281 dq I BANDERA $ $17657 $ BASTROP $ X55247 $ BAYLOR Paper s 3135 $ $5000 $46051 SEE Y $ $32937 $ BELL AVM $9.000 $ $ $ E BEXAR $11000 $ $13 $ BLANCO Paper.. F $ $8459 $ a ro BORDEN Paper $ $5000 $58065 BOSQUE O tical $ $17273 $ IBOWIE $ $89183 $ BRAZORIA Punch Card $ $2Q $22936 $ BRAZOS Punch Card $9000 $ $ $ CD BREWSTER Pa Per T $N $9169 $ BRISCOE Paper 7 $ $5000 $52058 I BROOKS $ $7252 $74587 $ $37120 $ BROWN BURLESON i $ t $16003 $ BURNET $ $34245 $212727CALDWELL $ $30644 $ f CALHOUN 30 r $ $ CALLAHAN 8 I 9527 $ $12656 $73393 all AMERON $9000 $ $ $ C CAMP Paper $39$ $11221 $i L CARSON Paper $ JA Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 35 of 171

36 FUNDING ALLOCATIONS TO TEXAS COUNTIES FY04 C FY03 A ro Approp. General HAVA 200% FY03 CD j wl Accessibility and N County Accessible Compl VOTING Education Fund Voting System Gen. HAVA COUNTY VOTING SYSTEM PRECINCTS AGE POP Minimum Comp. Funding CASS $ $30379 $ CASTRO Paper $ $7361 $68798 CHAMBERS Punch Card 14 I18507 $ $24585 $ C HEROKEE J $ $45675 $ CFIILDRESS s Paper $ $7956 $45963.CLA Paper $ $10987$ rn COCHRAN P er $ $5000 $58065 COKE Paper $ $5000 $58065 COLEMAN Paper $ T $9 69 $ rcollin Punch Card $9000 $ $ $ COLLINGSWORTH Fr $ $5000 $58065 COLORADO O pt i c a l $ $ $ COMAL 0 tical $P 07 $77190 $ COMANCHE Paler $7004 $51 $13915 $ CONCHO Paper $7004 S $5000 $64071 z COOKE can b $ $35098 $ CORYELL i $ $73468 $ COTrLE Paper $18000LL00i. $5000..$46051 CRANE Paper $ $5000 $ O CROCKETT f $ i $5000 $40045 CROSBY Paper $ $6507 $79101 CULBERSON Paper $ $5000 $52058 DALLAM Paper 1...1d $ $ $71355 DALLAS i /DRE $11000 $ $ $ DAWSON P er i T $ $10173 t $ DEAF SMITH $ $86988 DELTA fi Paper $ $5266 $76617 DENTON 1 O tical $9000 $ $ $ DEWITT Paper t $ $20262 $ DICKENS Paper 2250 $ $5000 $52058 DIMMIT $7.00Q$ $9096 $66265 DONLEY P er $ $5000 $70078 DUVAL Oehcat $ $12290 $96689 EASTLAND.10.w i $ $18664 $ JA Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 36 of 171

37 FUNDING ALLOCATIONS TO TEXAS COUNTIES FY04 FY03 A ro A ro General HAVA 200% FY03 County Accessible Accessibility and VOTING Compl. W/. COUNTY VOTING SYSTEM PRECINCTS AGE POP. Education Fund Voting System Gen. HAVA $5000 Minimum Corn Fundm E OR Punch Card $ $ $ EDWARDS Paper $ $5000 $46051 f ELLIS O tical $ $ $ f EL PASO Punch Card/DRE i56 T $9000 $ $ $ ERATH $ $33063 $ FALLS Paper $ $17854 $ FANNIN $ $31871 $ FAYETTE O tical v$ $22247 $ FLOYD Paper 11 Y 3304 $ $5000 $ $ $7083 $86262 CD Paper 1203 $7.000 $ $5000 X0.045 FORT BEND r $9000 $ $ $ BEND FRANKLIN Paper $ $9510 $79108 FREESTONE $ $18126 ifr FRIO $ $15399 $96906 GAINES $ $12490 $79068 GALVESTON i i $9000 $ $ $ f GARZA Paper $ $5000 $70078 ff GILLESPIE $ t $ $ GLASSCOCK Paper $5000 $40045 sv GOLIAD $ $6821 $79732 rgonzales O tical $ $17829 $ GRAY $ $22958 $ GRAYSON $ $ $ GREGG p1icai $ $ $ $700 $ $23533 $ GRIMES GUADALUPE r O tical ScaNDRE $ $84610 $ $ $ $ HALE Paler 19 HALL Paaper $ $5000 $58065 HAMILTON $ $8329 $ HANSFORD Paper $ $64154 HARDEMAN P er 6 $ $ HARDIN can $ $46116 $ X $ HARRIS Punch Card $11000 $ $ JA Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 37 of 171

38 FUNDING ALLOCATIONS TO TEXAS COUNTIES FY04 FY03 A ro A ro General HAVA 200% FY03 County Accessible Accessibility and CD VOTING CompI. W/ Education Fund Voting System Gen. HAVA COUNTY VOTING SYSTEM PRECINCTS AGE POP $5000 Minimum w Comp Funding HARRISON $ $60364 $ HARTLEY Paper $ i $5825 $53710 HASKELL Paler $ $6172 $78431 HAYS Punch Card $ $97881 $ HEMPHILL Paper $ $5000 $64071 HENDERSON I O tical $7040 $ $73628 $ y HIDALGO tical $9000 $ $ $ HILL $ $31830 $ HOCKLEY O tical t $ $21 o 385 $ HOOD Votronic II $ I $41721 $ HOPKINS $ $31357 $ HOUSTON $ $23665 $i HOWARD Punch Card i $6300o.00 $33859 $ HUDSPETH Paper $ $5000 $82091 $ HUNT $ 000 $ $74747 HUTCHINSON O tical $ P. W a IRION Paper ry $ $5000 $46051 JACK Paper $ $8916 $83926 JACKSON $ $13879 $ JASPER $ $34758 $ JEFF DAVIS Pa er $ $5000 $46051 JEFFERSON Punch Card $9000 $ $ $ E JIM HOGG $ $5000 $40045 a JIM WELLS O tical $ $35834 $ JOHNSON $ $ $ JONE 16 L16111 $ $21402 $ KARNES T $7.000 $ $16049 $ $ $67066 $344516KAUFMAN KENDALL $ $22951 $ KENEDY O tical $ $5000 $52058 $ $5000. $52058 KENT Paper 7 I 682 LKERR OptlcaI $ $44847 $ KIMBLE Paper $ $5000 $58065 KING Paper $ $ JA Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 38 of 171

39 FUNDING ALLOCATIONS TO TEXAS COUNTIES FY04 FY03 A ro Approp. General HAVA 200% FY03 County Accessible Com Accessibility and VOTING Education Fund Voting System pt. w Gen. HAVA COUNTY VOTING SYSTEM PRECINCTS AGE POP. $5000 Minimum Comp Funding KINNEY $ $5000 $40045 KLEBERG tica $ $30486 $ KNOX Paper t $ j $5000 $ LAMAR $ $47598 $ LAMB Pa r $ $ P $ LAMPASAS $ i $17089y $$ LASALLE 4143 $ $b504 $53065 t. LAVACA $ i..$19344 $ c. LEE Paper $ $14809 $ LEON $ $15423 $ LIBERTY $ $67453 $ LIMESTONE $ $21854 $ LIPSGOMB Paper $ $ $70078 LIVE OAK Paper 9570 $71000 $ $12713 $ LLANO $ J $19040 $ LOVING Pacer 5 54 $ $5000 $40045 i LUBBOCK $9000 $ $ $ r $ LYNN Paper $5986 $ L MADISON $ $13559 $ MARION Paper $ $11286 $ MARTIN Paper $ i... $5000 $70078 MASON 9 t 2902 $ $5000 $64071 MATAGORDA $ $35302 $ MAVERICK $ $39637 $ MCCULLOCH. Paper $ $7996 $82083 r MCLENNAN $ $ $ MCMULLEN Paper $ $5000 $46051 MEDINA $ $37096 $ MENARD Paper $ $5000 $52058 MIDLAND $ $ $ MILAM $ $23356 $ MILLS Paper $ $5 094 $76274 i MITCHELL 1 Pa er $ $10331 $62732 MONTAGUE i $ JA Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 39 of 171

40 FUNDING ALLOCATIONS TO TEXAS COUNTIES FY04 FY03 A ro A ro C General HAVA 200 FY03 County Accessible Accessibility and VOTING Compl. wl Education Fund Voting System Gen. HAVA COUNTY VOTING SYSTEM PRECINCTS AE POP. $5000 Minimum v Comp. Funding vc $9000 $ $ $ MONTGOMERY l MOORE $ L $89616 MORRIS I $ $12964 $92030 C OTLEY Paper $ $5000 $52058 NACOGDOCHES Op tical j $ $ $ r NAVARRO O tical $ T $43612 $ N NEWTON $ $14781 $ NOLAN $ $15305 $ NUECES $9000 $ $ $ OCHILTREE Paper $ $8308 $46668 OLDHAM Paper $ $5000 $58065 O is 3 6T7 3 $ ORANGE t p $ $ $ i PALO PINTO $ $26574 $ PANOLA Scar 22 L $ $ $ PARKER $ S85203 $ FARMER $ t $8928 $77943 PECOS $16153 $92410 FOLK $ $ $42108 $ POTTER O tical $ o P $ $ PRESIDIO Paper $ $6529 $61126 RAINS Paper $ $9256 $ RANDALL I $ $ $ a 1 REAGAN Paper $ j $5000 $52058 REAL p er $ i $5000 $52058 RED RIVER Paper i $ $14480 $ REEVES Punch Card $ $12240 $ REFUGIO I $ r $7684 $81458 ROBERTS Pa r $ $ $ $ $15257 $ ROBERTSON 17 I ROCKWALL O ticat $ $40021 $ RUNNELS P er.. I $ $ $ ap. IRUSK $ i $47266 $ SABINE $ $88038 SAN AUGUSTINE 12. $ $9062 $ JA Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 40 of 171

41 FUNDING ALLOCATIONS TO TEXAS COUNTIES FY04 7 FY03 A ro Approp. General HAVA 200% FY03 VOTING County Accessible P Accessibility and COUNTY VOTING SYSTEM PRECINCTS AGE POP. Education Fund Voting System Com i. W/ Gen. HAVA 1 $5000 Minimum Comp. Fundinn SAN JACINTO $ $22114 $ SAN PATRICIO $ $61452 $ SAN SAGA $ $5925 $59916 SCHLEICHER Paper $5000 $ SCURRY $ $16266 $ SHACKELFORD... Paper $ $5000 $ SHELBY $ $ $ SHERMAN Paper w $ a $5000 $58065 SMITH Punch Card $9000 $ $ SOMERVELL Paler $ $6475 $55011 Oq STARR O tical $ $44575 $ STEPHENS $ $9715 $85525 STERLING % Paper $71000 $ $5000 $40045 STONEWALL Paper $ $5000 $70078 i SUTTON Paper $ $5000 $46051 SWISHER P r $ $8024 $82139 TARRANT $11000 $ $ $ i TAYLOR Punch Card $ $ $ TERRELL P er $ $5000 T $40045 TERRY $ i $12146 $78379 THROCKMORTON 1384 $ $46051 TITUS i $ $26037 $ CD TOM GREEN $ $ $ TRAVIS $11060 $ $ $ TRINITY $ $14114 $ TYLER $ i $ $ UPSHUR ptical $ $34234 $ t UPTON DIRE $ $5000 $52058 UVALDE $ $23639 $ VAL VERDE.Optica r $ $40482 $ VAN7ANDT 29 j $ x. $47612 $ I ViCTOR1A AVM $ I $79155 $ P $67273 $ WALKER $ WALLER $7000 $6Q $32250 $ d 28 JA Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 41 of 171

42 FUNDING ALLOCATIONS TO TEXAS COUNTIES FY04 FY03 A ro A ro General HAVA 200% FY03 County Accessible Accessibility and VOTING Compl. W/ i Education Fund Voting System Gen. HAVA w COUNTY VOTING SYSTEM PR C NCTS AGE POP. $5000 Minimum Comp. Funding WARD O tical $ $10060 $ VM $ t $30378 $ WEBB i $900 $ WHARTON $ $38990 $ WHEELER f Paper Y F $ $5272WICHITA Punch Card $ $ $ WILBARGER Paper $ $14057 $ WILLACY Opcal $ $18239 $ WILLIAMSON $9000 $ $ $ WILSON $ $30495 $ WINKLER O tncal $ $49427 WISE $ $46481 $ WOOD. I $ $ $ YOAKUM O tncal $ $6605.$27YOUN 1 Paper $ $1787$ z O tical $ $ $ $10154 $ $ $ $ r JA Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 42 of 171

43 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 43 of nd Legislature Regular Session 6th Day Chart DDefinitions of Vote Punch Card Current lawsection d of the Texas Election Code d Subject to Subsection e in any manual count conducted under this code a vote on a ballot on which a voter indicates a vote by punching a hole in the ballot may not be counted unless 1 at least two corners of the chad are detached 2 light is visible through the hole 3 an indentation on the chad from the stylus or other object is present and indicates a clearly ascertainable intent of the voter to vote or 4 the chad reflects by other means a clearly ascertainable intent of the voter to vote. e Subsection d does not supersede any clearly ascertainable intent of the voter. Direct Effective January Section d of the Texas Recording Electronic and Election Code will provide Paper Ballot The intent of the voter in marking a ballot may be determined by 1 a distinguishing mark adjacent to the Systems name of a candidate or political party or a voting choice associated with a proposition 2 an oval box or similar marking clearly drawn around the name of a candidate or political party or a voting choice associated with a proposition 3 a line drawn through A the names of all candidates in a manner that indicates a preference for the candidates not marked if the names of the candidates not marked do not exceed the number of persons that may be elected to that office 13 the name of each political party except one in a manner that clearly indicates a preference for the political party not marked or C a voting choice associated with a proposition in a manner that clearly indicates a preference for the other voting choice associated with the proposition or 4 any other evidence that clearly indicates the intent of the voter in choosing a candidate or political party or deciding on a proposition. 30 JA001410

44 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 44 of 171 Wednesday January SENATE JOURNAL 183 LETTER FROM TEXAS DEPARTMENT OF PUBLIC SAFETY Senator Van de Putte submitted the following letter relating to SB 14 TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N. LAMAR BLVD BOX 4087 AUSTIN TEXAS i A statetx.us STEVEN C. UCCRAW COMMISSION DIRECTOR ALLAN B. POLUNSKY CHAIR LAMAR BECKWORTH ADA BROWN CHERYL MCSRIOE JOHN STEEN OEPUTY DIRECTORS CARM MARCY BARTH A. CYNTHIA LEON January Dear Texas State Senators Please find attached the responses to Senate questions regarding the Department of Public Safetys administration of the Texas Driver License and Identification Card programs. Thank you for the opportunity to serve as a resource witness to the Senate Committee of the Whole on January The Department currentlyhas 307 driver license offices that serve the over 15 million Texas driver license holders and over identification card holders in Texas. If you have any additional questions please contact Rebecca Davio Assistant Director for Driver Licenses at or Rebecca.davio@txdns.ate.txus Sincerely Steven C. McCraw Director Texas Department of Public Safety EQUAL OPPORTUNITYEMPLOYER COURTESY. SERVICE. PROTECTION JA001411

45 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 45 of nd Legislature Regular Session 6th Day Response to Questions from Senate Committee of the Whole Please validate the map Provided by Legislative Council. The Driver License Division has reviewed the map and determined that it is correct. Please comment on the Departments 5% reduction and 10% proposed reduction in the Legislative Appropriations Request. The Department lost $14.6 million due to the 5% cut in General Revenue that we faced. This includes five Department offices that might have to close. These are not necessarily Driver License offices. The Departments 10% proposed reduction schedule identified that 11 DPS offices might have to close. These are not necessarily Driver License offices. They are offices with various Department services. The Business Intelligence Analysis project will identify the optimum placement of Driver License offices throughout the state. The Department also is not able to determine at this time how a reduction in funds will affect operating hours of Driver License offices. Are there any anticipated closures of Driver License offices The Driver License Division is conducting a Business Intelligence Analysis to determine the most efficient ways to allocate scarce resources and to best serve Texas residents statewide. At present there are no anticipated closures. In the event there is an equipment failure in the future we may consider temporarily closing a mobile office in the near term. Does the Department have a comment on the Criminal Justice Impact statement for SB 14 The Department has no comment on the criminal justice impact statement as we are not the appropriate entity to comment on the potential overcrowding of jails. Are there Driver License offices within the 610 loop No. The closest office to 610 is Dacoma. It is at 610 North. Driver License Offices and Hours in the Houston area Dacoma 85 except Tuesday 87 Gessner 86 Tuesday and Thursday 85 M W F Grant Road 85 except Wednesday 87 Townhurst 85 except Thursday 87 Winkler 85 except Thursday 87 Tidwell 85 except Thursday 87 Vantage Parkway 85 except Tuesday 87 We also have offices in Baytown Humble Pasadena and Webster all within Harris County Driver License Offices and Hours in the DFW metro area Dallas Downtown 85 no exams duplicates and renewals only this office is in a City of Dallas building East Northwest Highway 85 except Wednesday 87 JA001412

46 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 46 of 171 Wednesday January SENATE JOURNAL 185 Fort Worth Dallas Southwest Red Bird Center Drive 85 except Wednesday 87 We also have offices in Carrollton Garland Grand Prairie Irving and Cedar Hill all within Dallas County Woodway Drive 7305 except Monday 7306 We also have offices in Arlington Hurst and Lake Worth all within Tarrant County What is the Protocol for confiscated licenses Texas Transportation Code b2 and 3 and and 3 provide the requirements for a peace officer to confiscate a driver license where a driver is arrested for an alcohol related offense under the Administrative License Revocation programalr in accordance to Section or Penal Code or an offense under Section or of that code involving the operation of a motor vehicle or watercraft. These statutes provide that the peace officer shall take possession of any driver license issued by this state and held by the person arrested and issue a temporary driving permit to the person unless department records show or the officer otherwise determines that the person does not hold a drivers license to operate a motor vehicle in this state. This permit form DIC25 handwritten by the peace officer is part of the arrest documentation provided to the driver and contains the drivers name driver license number date of birth address physician description including race sex height weight eyes and hair color. This temporary driving permit does not contain a photograph of the driver. A temporary driving provision issued under these sections of the Transportation Code expires on the 41i1 day after the date of issuance which coincides with the effective date of the driver license suspension. Commercial drivers are issued a similar temporary permit form DIC57 however the permit becomes effective beginning 24 hours from the time of arrest. The peace officer is required to forward the appropriate ALR paperwork with the confiscated license to the Department for processing. Upon completion of the suspension period the driver license is returned to the driver. During the suspension period the driver is eligible to make application for an identification card with a photograph during this suspension period. How does the temporary driving permit that you receive when your license is confiscated differ from a temporary driving permit that you net when you apply for a Driver License A temporary driving permit issued by the Texas Highway Patrol is issued to driversarrested for an alcohol related offense. This permit form DIC25 is part of the arrest documentation provided to the driver and contains the drivers name driver license number date of birth address physician description including race sex height weight eyes and hair color. This temporary driving permit does not contain a photograph of the driver. This permit allows the driver to operate a motor vehicle in the interim period before the driver license suspension takes effect on the 41 day. This is in accordance to Texas Transportation Code Chapters 524 and 724. A temporary driving permit issued by driver license personnel at a driver license office contains the same information that appears on a driver license including the driver license photograph of the applicant. This temporary driving permit is computer generated from the driver license system and expires within 45 days of issuance. JA001413

47 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 47 of nd Legislature Regular Session 6th Day What will the DPS policy be when a person enters a Driver License office seeking an ID forthe purpose of voting but they have outstanding Driver Responsibility surcharges on theirdriver License A persons driver license status or surcharge status does not prohibit the ability of the person to obtain a Texas identification card provided the person presents the appropriate identification documentation for the issuance of an identification card. What is the current policy when a person with Driver Responsibility surcharges enters a Driver License office for a different transaction Each driver license office has an information desk which allows the customer to request specific services at that location. If a customer requests surcharge information while applying for a Texas identification card the customer will be provided with contact information to customer service for additional assistance. The customer will be issued a Texas identification card provided the customer presents the appropriate identification documentation for the issuance of an identification card. Surcharges and request of an ID are two separate issues and will be treated as such. What types of birth certificates does Driver License office recognize for the purpose of Identification Every original applicant must present one piece of primary identification or one piece of secondary identification plus two pieces of support identification or two pieces of secondary identification. 37 Texas Administrative Code provides that the Department may accept secondary identification in the form of an original or certified original or certified copy of a birth certificate issued by the appropriate State Bureau of Vital Statistics or equivalent agency an original or certified copy of United States Department of State Certification of Birth issued to United States citizens born abroad or an original or certified copy of court order with name and date of birth DOB indicating an official change of name and/or gender. How many homebound IDs do we issue 0.15% of ID applicants receive homebound service. Only ID cards are issued through this process and we screen very closely to ensure there is not a practical way to serve the customer in the office as it requires taking an employee away from their regular duties serving customers in the driver license offices. The need for a homebound visit is determined by the supervisor of the local driver license office. The Driver License Division has digital cameras that can capture the required image for the identification card. The applicant fills out a form LI50 which includes a signature block along with the appropriate application for an original or renewed ID. Any necessary identification documents such as birth certificates are copied and returned to the applicant. All materials photo signature and applications are sent to the DL headquarters in Austin for processing. Provide an analysis on wait time in all Driver License offices Prior to November 2010 the Driver License Division conducted a study of all of its Driver License offices to determine wait time process time and the average amount of time customers spend in Driver License offices. Please see the attachment DL Wait Times. Since November 2010 automated queuing systems are being installed our 50 busiest Driver License offices across the state. It is a priority for the Department to reduce wait time to no more than 40 minutes. The queuing system and its report function are important tools we will use to measure performance. JA001414

48 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 48 of 171 Wednesday January SENATE JOURNAL 187 of i Mr i1 i f Wait Time Survey in minutes February 2010 May L... FEBRUARY 50 MARCH 30 MAY zo 10 REGION 1A REGION 1B REGION 2A REGION 2B REGION 3 REGION 4 REGION 5 REGION 6A REGION 6B Wait time begins when a customer enters a DL facility and ends when the customer reaches the counter. JA001415

49 Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 49 of nd Legislature Regular Session 6th Day Process Time Survey in minutes February 2010 May FEBRUAR MARCH m a... APRIL MAY 9 REGION 1A REGION 18 REGION 2A REGION 28 REGION 3 REGION 4 REGION 5 REGION 6A REGION 6B Process time begins when a customer reaches the counter and ends when the transaction is complete. JA001416

50 Av Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 50 of 171 Wednesday January SENATE JOURNAL 189 i7 wetl 1. Gf bis i2l46 Statewide Wait Time Process Time Survey February 2010 M Com i Combined Av AWAIT TIME in minutes Combined Avg Combined Avg IBM e PROCESS TIME in minutes 15 0 FEBRUARY MARCH APRIL MAY JA001417

51 Y 1 YdIflIl WA Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 51 of nd Legislature Regular Session 6th Day t hi t.. Yj95rt. Anderson Palestine N WA Y Andrews Andrews N N/A Y A ngelina Lufkin N N/A Y Archer tsy ArcherCi y A r10 Y Claude Y tarmstro Oct10 Y Atascosa Jourdanton N N/A IN Austin Beliville Austin Jan11 Y Muleshoe N WA Y jbandera Bandera.. Y Dec10 Y1 14 Y Jun08 Y BastroQ Bast%p WA Y Bastrop EEl in Y Oct10 Y 8 aylor Seymour N WA Se a Beeville N WA Y Bell Fort Hood IN WA Y N Killeen WA N S.A. General McMullen N/A Y San Antonio Babcock WA Y Bexar Bexar San Antonio District N WA Y Bell ibell Temple N/A V 1 Bexar Bexar San Antonio Pat Booker Rd N N/A Y Blanco Johnson N N/A i Y City Borden Gall Y Jun100 Y Bose Meridian Y New WA N Boston Bowie Texarkana NA Y Alvin 4Brazoria N N/A Y..Brazori iangleton N N/A Y Brazos B aran N WA Y Brewster Alpine N WA Briscoe isilverton Y T Unk N N/A LgToks.Falturrias y Brown Brownwood N WA Y Burleson Caldwell Y N/A Y IBumet Burnet N WA y IBumet MarbleFalls N WA Y jcaldwell Lockhart Y Oct10 Y Calhoun Port Lavaca N WA Y Callahan Baird N WA N an Cross Plains Y Apr05 Y Cameron 18 wnsville N WA Y Cameron Hadin on N WA Y Isabel Cameron Y Jan11 Y Port Y Jun10 Y Carson Panhandle N WA y Cass Atlanta N N/A Y Castro Dimmitt N N/A Y l Chambers walltsvile N Y JA001418

52 Southwest N I Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 52 of 171 Wednesday January SENATE JOURNAL 191 9t iiakk. i irh cka.fi3i55 elati. a s irtszi r l.f3.rf. i d s z r r l a cid i a i 1 7. Qftc rttewt$ afi AbA A Cherokee Jacksonville N WA Y Cherokee Rusk N WA Childress Childress N N/A Y Clay Y YCochran Feb07 on y Nov10 YJ Coke Robert Lee Y may 10 Y Coleman N N/A Y J 1Coleman Collin McKinney N N/A Y IColi NN/A L Plano Y Collin sworth Welligtor Y Jun07 Cooke. Colorado Columbus N N/A N Comal New Braunfels N WA Y C ommanche Comanche N N/A Y Concho Eden Y Dec10 Y Gainesville N WA Y Cogll Copperas Cove N Y Coryell Gatesville N Y.Cottl Paducah Y Jun07 Y Crane Crane Y lcrockettioz ona Y Dec10 Y Crosby Crosby NSA V Culberson Van Hom N N//A Y IDallam Dalhart N NIA Y Dallas Carrollton N N/A Y idalias Cedar Hill N WA Y Dallas Dallas Downtown N N/A Y Dallas Dallas East N Y.Dalias N/A r T Dallas N WA Y Garand Nom N/A Y ttdeaf Grand Prairie N WA Y Irving N N/A Y Dawson Lamesa Nt WA Y Smith Hereford N WA Y ldelta Comer Y Dec09 Y Denton Denton N WA Y Denton Lewisville N WA Y Dewitt Cuero N N/A Y Dickens Sur Y Unk Y Dontey N Clarendon WA Y Duval Freer Y Jan06 Y Eastland N/A Y teastland Vries N N/A lector L Y Edwards JRocksorinos N/A Y EI Paso 1 El Paso Gateway N N/A Y NNI N/A Y Paso El PasoHondo Pass Y AEI LEI Paso El Paso Northwest El Paso El 1 Paso Scott Simpson N N/A Y El Paso Fort Bliss N N/A N JA001419

53 Houston d OffIe. N/A N/A 1 IG Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 53 of nd Legislature Regular Session 6th Day 3 r nwry s Y rp Iia qyi c 1 1 ttb 9 AEA t. Ellis Waxahachie N N/ Y 4 Erath Stephenville N WA Y Fannin Bonham Y Fayette La Grange. Y Jan09 Y Schulenbur Y Jan09 Y Fayette Glasscock Garden City Y Jun10 Y Goliad Goliod Y Dec10 Y Gonzales Gonzales N N/A Y J Gray Pam a N I Y rn isherman N y FGregg Longview N WA V Grimes Navasota Y Jan11 Y Guadalupe Seguin N N/A YI Tale Plainview N WA Y Memphis I Hall Y Jun07 Y Hamilton Hamilton N NIA Y J Ha fosn Soearman Y Apr10 Y FHardeman Quanah N WA Y IHardln Kountze N WA Y Hanis i Dacoma N WA Y i r Harris Houston Gessner N WA Y Harris Houston Grant Road N WA Y Harris thouston Townhurst N N/A Harris Houston Vanta a Pk N I Y Harps Iay Y Unk Y Harris Baytown N I LHarris Clear Lake N N/A y Hams Houston Tidwell N N/A Harris Houston Winkler N N/A Y rharris rthumble N N/A Y Harris Pasadena N N/A Y iha on Marshall N N/A Y Hartle Channing y Oct10 Y IHaskell Haskell N WA Y HaSan Marcos N N/A Y N/A JA001420

54 Hutchinson Bomar i. FI F I a N/A N/A I I Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 54 of 171 Wednesday January SENATE JOURNAL 193 r. e5 t t.e 4F i L arl r D dio h2 f A /k I YI P4 F n1la.lam t Hem hill Canadian N WA y Henderson N N/A Y Hidalgp. imcallen N N/A Y Htkiago inbur N/A y Hlldpo Mission N/A y 1Ida o Weslaco N/A N Hillsboro N N/A Y Hockley Hill Levelland N N/A N Hood GranburL N/A y Ho ins Sulphur Serings N N/A Y HoustonCrockett N N/A Y Howard BI Spring N N/A Hudspeth Dail Ci y Nov10 y HudspethBlanca Y Nov10 Y Hunt Greenville N WA Y.Irio Mertzon Y Dec10 Jack Jacksboro Y Sep09 Jackson Edna N I N 41 y y i Y i y asper gasper N WA Y iieff Davis Fort Davis Y Sep10 y Jefferson IBeaumont N N/A Y Jefferson Pon Arthur N N/A y JimHoHebbronvilleY Jul10 Y tjim Welis Alice N N/A y Johnson jclebume N N/A Y I N y Jones Karnes Karnes City. y A r10 y t i Kaufman Terrell N N/A Y Kendall Boeme N WA y Kent Ja on may TI Sep09 Y Ken Kerrville N N/A Y Kimble Junction y Dec10 Y Kinney Bracketvlle Y Dec09 y KIebergKingsville N N/A Y Knox Wundax... N WA Y La Salle icotulla Y Oct09 Y jlemar N WA Y Lamb Littlefield N WA y Lam asas ilaasas Nom N/A Y Lavaca Hallettsville N WA Y Lee Giddings Y Oct10 Y Leon. jcenterville... N N/A y Cleveland Llbe in N/A Y LibertL FLibertL NIWA Limestone iproesbeck N WA j Y JA001421

55 r t. x b fl 3.I J Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 55 of nd Legislature Regular Session 6th Day MiC 48 i 4 n M k Y h aiybl bd I s std r ixd N 5G4p a.i.p 4...o.. Llano im1t i Lipscomb. Follett Y Apr10 N ipscomb ins r k Y r10 Y ye Oak George West.. N N/A Y N WA Y M Lubbock Lubbock N WA Y Lubbock llynn Tahoka Slaton Y Nov10 N Y Nov10 V Madison Madisonville Y N/A Y Martin Stanton N N/A Y Mason Mason Y Oct10 Y Matagorda BayCity. N N/A Y Matagorda.Palacios... Y Jan11 Y LMaverick Eagle Pass.. N WA Y McCulloch N WA McLennan Waco.. N WA Y McMullen Tilden Y Jan11 Y Medina... L N N/A Y Menard Menard... Y 1Dec10 i N Midlan.. d Midland N N/A Y Milam Cameron N N/A Y Mills Goldthwaite N N/A Y Mitchell Colorado Ci N N/A 1 Y LMontague Isowie... N N/A Y Montague.. Nocona.. Y Feb07 Y Montgomer N N/A Conroe Y Moore Dumas N N/A Y J Morris Dan imotly rfield I N N/A Y Jan10 Y YNuecas inaco ocher Nacogdoches N N/A y Navarto Corsicana N i N/A Y Nolan N WA 1Sweetwater Christi Corpus N N/A Y IOchiltrae Pe on N N/A fi Y Oldham Ve a 1Y ran9e....toran9e... i N N/A Y Palo Pinto Mineral Wells N WA Y Panola Carthage N WA Y Parker. Weatherford N N/A Y Farmer v Friona N WA Y Pecos Stockton N WA Y TecosT rfort jlraan Y Dec10 Y PWk Livingston N WA Y PresidioMarla... N N/A Presidio Raines Randall Presidio N N/A Y Emory N Oct 10 4Amarillo N N/A Y Reagan Bio Lake N N/A V i JA001422

56 5 M I I li rt P Il i u I I j N N 8 I NNN WA fir. i Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 56 of 171 Wednesday January SENATE JOURNAL 195 E p L i k t d IG jmf n r l a I h I 4 M l y..i FI w 5.5 Y Ia i ri TI i hpali dlfld@ LYat@ ER1G r r F 4 ADA Rest.L key Y Me 10 Y Red River Clarksville N N/A Y Reeves Pecos N N/A Y Refu lo Refu io L. Sep10 Y Roberts Miami Y Mar07 Y Y Unk Y Rockwall Rockwall N N/A Y YSan Runnels BaIlln egr N N/A Rusk Henderson N N/A Y Sabine Hemphill Y Jun05 Y Jacinto icoldspr Y Jun05 Y.Sa Patdcio iaransas Pass. N WA Y Sinton N rn/a Pstricio San Saba San Saba Y Oct10 Y Schleicher Eldorado Y Dec10 N/A Y Jun05 Y Shackeiord lnbany Shelb Center N WA Y 1Sherman Stratford Y Oct10 Y A Y.L NIWA Y Starr Rio Grande City I Stephens N/A rbreckenrtdge Bri Y Sterling Stedn QitY Y Jun10 iy Stonewall Aseerm Y V ont Se Y Sutton TSonora.N/A N Swisher ITulia V N N/A Y Tarrant ArlinZon N. N/A Y Tarrant FortWorth N N/A I Y Tarrant Hurst N N/A Y Tarrant. tlake W.. u Y llbilene Taylor N WA Y Santlerson Y Nov10 Y Terrell Ter Brownfield N N/A YThrockmorton IThrockmorton Y Aug09 Y Pleasant N WA Y Titus 4Mount Tom Gren ysan An Rik N NIA Y Travis Auslin Caa ol N WA Y Austin Denson N WA Y N Travis Austin North Travis Trinriitt... WA Y laustinsout Congress N N/A Y Trini Y Jun05 Y Tyler Woodville i N N/A Y iupshur Gitmer N WA Y Lu on McCame Y Dec10 Y 1.Upto Rankin Y Dec10 Y Uvalde Uvalde N WA Y Val Verde Del Rio N WA Y Van Zandt Canton WA Y JA001423

57 Denver Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 57 of nd Legislature Regular Session 6th Day Cot iti %t 45.i4 t S1 X rvtli tl f iia yq tg4ilk S5j a t tli ipajame. n M e a 3 Victoria Victoria N WA Y i rwalker Hununtsvllle N WA Y.Walle Hem steatl N N/A Y LWard Monahan N N/A Y Washington Brenham N N/A Y Webb Laredo N WA Y WartonPierce N WA Y jwheeler Shamrock N WA.. WWeeler.Wheeler V Mar07 Y Wichita Wichita Falls j N AOA WA Y Cij LWitbarger Vernon N WA Y ustin Northwest Williamson N N/A Y Williamson N WA Y igeeorretown Williamson TI a r N WA Y loresville N WA Y Wilson YrWood Winkler Kermit N Wise Decatur N N/A Quitman N/A N j Yoakum City N N/A N Young Graham N N/A Y YoungOlney AuIT09 Y data lzadata izavala icrystal rl / N WA V JA001424

58 i 1 i I I t 1. M 7 l ype.of II 1 P. f 1 t I I Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 58 of 171 Wednesday January SENATE JOURNAL 197 DL Offices Closed IY s i 4 4 d 1 t... Iii. r I. 1 I s m.. i p S 3bP r.i I tiiui 4Pi. 6 F. 1 h t d. k P Iv xa c dl%..offrcej JOffice C D ce t. h.4%iviiji.i fon Otte Na me ount PT ill lt sed f It ed u 5 Archer City Archer M yry Apr 10 5 Claude Armstrong M Y Oct10 2A Bellviile Austin MI r y Dec10 2A Seal Austin M Y Jan 11 6A Bandera Bandera M Y Jun08 5a.r7.. o c..u ays ji31.n 13 x IdfT. 7i34 a n Ids 3t1 i. i CF Gail Borden M Y Jun10 5 Silverton Briscoe M Y Unk 0A6A Caldwell Burleson M Y Unk Lo ckhart Caldwell M Y Oct10 Rpir.l a Pittsburg Cam M Y Jun10 5 Henrietta Clay M Y Feb07 5 Morton Cochran M Y Nov10 4 Robert Lee Coke M Y May 10 5 Wellington Collinasworth M Y Jun07 4 Eden lconcho M Y Dec10 5 Paducah Cottle M Y Jun07 4 Ozona Crockett M Y Dec10 1A Cooper Delta M Y I Dec09 5 Spur Dickens M Y Unk 3 Freer Duval M Y Jan06 6A La Grange Fa ette M F Y plan 9.. 6A Schulenbur. Fa tte M Y.ta 9 5 Crowell Foard M Y Jun07 1A Mt Vernon Franklin j Y Jun05 6A Pearsall Frio M Y Oct10 5 Post Garza M Y Nov10 4 Garden City Glasscock M Y Jun10 6A Goliad Goliad M Y Dec10 2A Navasota Grimes M Y Jan11 5 W Memphis Jun07 S Barman ansford M Apr10 Page 1 of 3 JA001425

59 M pp PT i Case 2:13cv00193 Document Filed in TXSD on 11/17/14 Page 59 of nd Legislature Regular Session 6th Day DL Offices Closed. Yt ro 5 Channing Hartley M Y Oct10 4 Dell. C H.uds eth M Nav10. 4 Sierra Blanca Hu eth M Y Nov10 4 Mertzon Trion M Y Dec10 5 Jacksboro Jack M Y Sep09 4 Fort Davis Jeff Davis M Y Sep1 0 3 Hebbronville Jim HoQ M Y Jul10 6A Karnes City IKarnes Y Apr10 i 5 on jja Kent M Y Sep09 4 Junction Kimble M Y Dec10 3 Bracketville Kinney M Y Dec09 3 Cotulla La Salle M Oct09 6A Giddings Lee M Y Oct10 5 Fgllett Li comb M Y A r10 5. Hf gins Li scomb M Y A 40 t9l. f lf 5 Tahoka Lynn M Y Nov10 2A Madisonville Madison PT Y Unk 4 Mason Mason M Y Oct10 Z/XFf f.h 1 Y. 5e r w 4ia$kdi k7 akia 1i r aj 1 iim. dr. 3.y. i lz..9.. r.q. $.is. 1n 3 Tilden McMullen M Y Jan11 4 Menard Menard M Y Dec10 gm 5 Matador Motley M Y Jan10 Feb101A 5 Ve a Oldham M Y Emory Raines Y Oct10 3 Leake Real M Y May10 3 Refugio Refuglo M Y Sep10 5 Miami Roberts M Y Mar07 2A Hearne Robertson M Y Unk MW 2B Hemphill Sabine M Y Jun05 2B Colds rin San Jacinto M Y Jun05 6B San Saba San Saba M Y Oct10 Page 2 of 3 JA001426