Ballot Application Review Process 2016 Primary
When to File for Office September 15 th First Day for Precinct Chairs to file November 14 th First Day for all other candidates to file Any application, received for any office, outside of the filing period must be REJECTED. (Sec. 141.031(3)) December 14 th at 6pm Last Day to File for all offices County Chairs must post by Sunday, December 13, 2015 where they will be on the last day of filing. Notice should be posted on the Party s Internet website or at the location where applications are being received. Posting on the county commissioners bulletin board is not required as of June 2013. Other Resources: Email, Online: Facebook, Website Newspaper (SOS funds CANNOT be used to pay for ads.)
Where to File File with RPT Offices that cover more than one county. File with County Chair Offices that fall entirely within the county. Party Offices are filed with the County Chair. County Chair Precinct Chair May file starting on Tuesday, September 15 th. Hold a CEC Meeting on or after this day. Arrange for a Notary and have all Precinct Chairs file for reelection at the meeting. There is no cost to file for either of these positions. If an application is filed with the incorrect authority it must be REJECTED. (Sec. 141.031(3))
Correct Application Different Ballot Applications for different offices. President Federal Office 2016 US House of Representatives Public Office All other public offices Party Office County Chair & Precinct Chair What if someone uses the wrong ballot for the office they are filing for? As long as all of the required information needed for that office is listed it can be accepted, but is not advisable. Notify the candidate as it could lead to a problem later including that candidate not appearing on the ballot or having a lawsuit.
Resign to Run If an Elected Official announces his/her candidacy or becomes a candidate for any other than the office then held, at any time when the unexpired term of the office held exceeds 1 year and 30 days, the announcement results in an automatic resignation of the office. Any Party Official (County Chair or Precinct Chair) that files to run for a public office automatically resigns the party position upon filing for public office. A candidate cannot run for Public Office and Party Office at the same time. ( Sec. 161.005(a)) The vacancy thereby created shall be filled pursuant to law in the same manner as other vacancies for such office are filled.
Resign to Run Applies to the following offices: District Clerks County Clerks County Judges County Treasurers Criminal District Attorneys County Surveyors County Commissioners Justices of the Peace Sheriffs Assessors and Collectors of Taxes District Attorneys County Attorneys Public Weighers Constables *Partial list*
Resign to Run Judges: County Courts at Law County Criminal Courts County Probate Courts County Domestic Relations Courts Judicial Office holders: Must resign if a candidate in a contested election for a non-judicial office either in a primary or in a general or in a special election. A judge may continue to hold judicial office: While being a candidate for election to any judicial office. While being a candidate for election to or serving as a delegate in a state constitutional convention or a political party convention. Funding the Campaign for Office: A judge cannot use money in his/her JCOH account to run for nonjudicial office. A non-judicial officeholder cannot use his/her COH account to run for judicial office.
Municipal Officers: Resign to Run Applies to any municipal officer it they have a term exceeding two years Lucrative Office Holders: (Art 3, Sec 19 Texas Constitution) Specific Offices elected or appointed Judge of any court Secretary of State Attorney General Clerk of any court of record Any person holding a lucrative office under the United States or any state or any foreign government Wentworth v. Meyer, 839 S.W.2d 766 (Tex. 1992) o May not be a candidate for the Legislature To run for the Legislature, the candidate must resign and end his/her term prior to filing.
By Hand Method of Filing The candidate or someone from his/her campaign can file in person by handing over the filing packet (application to be on the ballot, filing fee and/or petitions) to the County Chair or County Party Secretary. By Mail If mailed, the application is considered filed at the time of receipt NOT the post mark! By Email or Fax ONLY County Chair and Precinct Chair applications can be accepted by email or fax because there is not filing fee associated with hat office!!!
Who can Receive Filing Packet Receive vs Accept: Receive means initial submission of filing packet to County Chair or Secretary. Accept means the candidate s name will appear on the ballot. Once the County Chair has signed the application after reviewing the application within the five day review process, it is accepted. Authorized to Receive Filing: County Chair & Party Secretary Vice Chair, Treasurer, etc. are not allowed to receive filing packets. County Party Election Administrator Smaller Counties Coordinate hand delivery with an in town contact. Cannot accept filings; may only receive them. Timing: Towards the end of the filing period you should check all sources daily for applications.
Filing Application Packet A candidate must submit an application and Filing Fee or Nominating Petition. Must be the correct application for the office being sought. Must file all at the same time. Cannot file piecemeal i.e. Application today and fee or petitions tomorrow. Must be notarized or affirmed. Notary Have a notary where you accept applications. www.texasnotary.com Judges, JPs, County Clerk, District Clerks All oaths, affidavits, or affirmations made within this State may be administered and a certificate of the fact given by a judge, clerk, or commissioner of any court of record, a notary public or a justice of the peace.
Application Review Must be filed with proper authority. More than one county RPT Office sought wholly within county County Chair Must be reviewed within 5 days of receipt. The same level of scrutiny should be applied to each application. Cannot be filed in parts; must file all at one time.
Words of Warning You are administering the election; you are processing the paperwork. You must follow the application review based on the four corners of the document (Section 145.003) A candidate may be declared ineligible only if: the information on the candidate's application for a place on the ballot indicates that the candidate is ineligible for the office; or facts indicating that the candidate is ineligible are conclusively established by another public record. When presented with an application for a place on the ballot or another public record containing information pertinent to a candidate's eligibility, the appropriate authority shall promptly review the record. If the authority determines that the record establishes ineligibility the authority shall declare the candidate ineligible. Do NOT write on the application during the review process. Do not fill in any blanks. Do not add any missing info to any application. Remember, this is a legal document that has already been notarized. Making any correction is considered tampering with a government document.
Step by Step: Application Review 1. Make sure REPUBLICAN is filled out. If a candidate fails to fill out this blank application REJECTED
Step by Step: Application Review 2. Office Sought: Must be completed. Make sure specific number or place is listed. County Commissioner Precinct 1 State Representative #136 Not required to contain County Name, but would be preferred. i.e. - Williamson County Justice of the Peace 3 Application REJECTED if: (Sec. 141.031(4)(C)) Office Sought is left blank. Candidate does not list place/district number.
Step by Step: Application Review 3. Indicate Term: (Sec. 141.031(4)(D)) Candidate must mark Full or Unexpired. If candidate fails to mark either option application REJECTED Remember you cannot just fill it in.
Step by Step: Application Review 4. Full Name: (Sec. 141.031(4)(A)) Must be the LEGAL name of the candidate No pre-nominal titles Dr., Judge, Pastor, etc. No post-nominal titles MD, PhD, CPA, etc. Post-nominal suffixes are ok Jr., Sr., III, etc. If candidate adds a pre or post title to their Full Name application REJECTED
Step by Step: Application Review 5. Ballot Name: If not Filled Out copy what was written under the Full Name when entering it into the online SOS website. (Sec. 52.031(c)) Limited to one word with ten letters. Must be commonly known by any nickname for 3 years. Cannot indicate a political, economic, social, or religious view or affiliation. Cannot be a slogan. Examples Option One Cassidy Daniel could be Cassie Daniel Should be written as First Nickname Last Cassidy Tex Daniel
Step by Step: Application Review 6. Permanent Residence Address: (Sec. 141.031(4)(I)) Cannot be a PO Box. If there not a physical address, the property s legal description is acceptable. This can be found on the deed, title documents, and at the county s central appraisal district. Example: TOLAR LTS 23-24 BLK 1 486 H & W HOOPER & WADE, ACRES 10.000 If blank application REJECTED
Let s Talk Residency Remember, you can only go by the information listed on the application. Intent alone is not sufficient; Action and Volition are also necessary to establish residence. Therefore a candidate must have actually resided in the district/precinct at some time in the past if the person does not currently sleep there to be considered a resident. Even if the property is a vacant lot, if the candidate has an intent to build a permanent residence there, it is acceptable. Length of Continuous Residence: As long as the written date meets the requirements it is acceptable. It is not your place to determine if the truly live there and for what length of time. Where is the check and balance? The candidate is swearing that the information is accurate, correct, truthful and meets the requirement of the office they are seeking.
Lets Talk Residency Who has standing to challenge an application? Opponent Voter NOT a party official You, as county chair, cannot sua sponte raise issues of eligibility if the face of the application does not show the candidate to be ineligible and no third party has presented conclusive public records demonstrating ineligibility. see Parker v. Brown, 425 SW 2d 379 (Tex. Ct. App.-Tyler 1968) Fine line and delicate issue Given the elastic nature of residency, this is doubly important in residency challenges. No matter what you decide, you are likely to be sued, so make sure your position is legally defensible prior to making a final decision. Timeliness is of the essence here as well. Bottom Line: ALWAYS CONSULT COUNSEL WHILE MAKING A DETERMINATION OF ELIGIBILITY
Step by Step: Application Review Public Mailing Address: All accepted applications must be listed on the SOS Website; it is discouraged that residential addresses be listed. Required, if left blank application REJECTED. (New Law SB 1073) Public Email Address: This will also be listed publicly on the SOS website. 7. Occupation: Required, if left blank application REJECTED. (Secs.141.031 & 172.021)
Step by Step: Application Review 8. Date of Birth: (Sec. 141.031(4)(H)) Required If blank application is REJECTED. Age qualification for office Make sure you have calculated the age requirement for the correct date. Date of application Date of Election (November General Election) Date to Assume Office If age requirement is not met application is REJECTED.
Step by Step: Application Review Voter Registration Number (VUID): Listing their VUID is optional; however all offices (except US Rep, State Sen, & State Rep.) must be registered to vote in the area from which they will be elected. By signing and having the form notarized, the candidates are swearing that they meet this requirement. Telephone: Not required but very helpful to you. May be listed on SOS Website.
Step by Step: Application Review 9. Length of Continuous Residence: In State vs. In Territory BOTH must be filled out Even if someone has been in the same territory/district the entire time they have lived in Texas, BOTH must be completed. BOTH qualification requirements as outlined in state law for each office must be met. If either of the two bullet points are not met application is REJECTED.
Step by Step: Application Review 10. The Oath: (Sec. 141.031 (2) 1. & 2. Name Legal Name or Ballot Name is acceptable 3. COUNTY (in which he/she lives) 4. Office and distinguishing place/number 5. Signature Must be signed in front of a notary or the authorized person administering the oath according to state law. If any of these are missing application is REJECTED.
Step by Step: Application Review 11. Notary Section: 1. City, TX; County, TX; Time of day; location 2. Date 3. Month 4. Year 5. Notary Signature 6. Title 7. Stamp Make sure it is not expired. If not notarized or notary had expired before the date signed application is REJECTED.
Filing Fee or Nominating Petition Each public office allows for the candidate to pay a filing fee or to present a nominating petition. Highly encourage candidates to pay filing fee instead of using nomination petitions. Pros: Less work for everyone to collect, review and confirm signatures. Less likely for filing being rejected. Less likely to have a challenge to being placed on ballot. Cons The candidate has to raise enough funds to pay both filing fee and additional money for campaign.
Filing Fee Filing Fees must be collected at the time of filing. Acceptable Forms of Payment: *Cashier s Check preferred *Money Order preferred Campaign Check * Personal Check * Cash not suggested Do not make a copy of cash for legal reasons. * The check for the fee must be deposited and clear the bank before the application can be accepted. If the filing fee is not the required amount for the office the candidate is filing for application is REJECTED. If the check does not clear and comes back NSF Not Sufficient Funds application is REJECTED.
Filing Fee Filing Fees are returned if: Ballot Application Rejected for any reason Candidate Dies Declared Ineligible Filing Fees are forfeited if the candidate withdraws. Reminder: Do not deposit any filing fees until you have reviewed the ballot applications!
Nominating Petition Each office has different thresholds for the number of signatures required for the nominating petition. o o o Signatures must be from registered voters within the same district in which the candidate is filing to run. A voter may only sign one petition per candidate in each office. Signer that sign for Republican candidate must vote in the Republican Primary. It is a Class C Misdemeanor if they sign a nominating petition for a candidate in one party and vote in the other party s primary or party convention (172.026) & (162.024) It is ESSENTIAL that the candidate check and double check the petition to ensure the signatures are qualified voters in his/her district and avoid disqualification.
Nominating Petition If the candidate fails to obtain the required number of registered voters within his/her district application is REJECTED. Check to make sure that the following info is the SAME on each page of the petition & the ballot application; if they are not the same application is REJECTED. o Name o Office Sought o Place/Precinct Petition Review Guidelines will be addressed in a separate training at a later date.
To be Completed by Chair Once the application has passed the review and either the filing fee has cleared the bank OR the petition signatures have been verified, you can now you can sign the application! This should be the FIRST and ONLY time you have written on the document. Indicate which method of payment Cash Check Money Order Cashiers Check OR Petition in Lieu of Filing Fee. Fill in Fee or Page amount. Date Received is the date the application was accepted and passed all of the review process. The Chair signs the document.
Accessing SOS Website Once an Application is Accepted: All required information should be entered into the SOS website. Log in HERE at the Primary Finance Page. Click 2016 Precinct Chair Candidate Filing Data Entry. The first time you log in, you should use the username as both username and password. You will receive an email from Cassie at RPT with your username. It will prompt you to create a password. You will be the ONLY person with the password, so make it something you can remember and write it down!!!! There is only ONE username and password for the entire County Party. Note: When entering Ballot Name on the SOS Website that is the ballot name of the candidate not the name of the election.
Rejected Applications If incorrect or incomplete, the application/petition /filing fee should be rejected by the County Chair. Just as the candidate cannot file in pieces but must file all at once you reject in the same manner. The application and accompanying filing fee or petitions should be returned in full all at the same time. Notice of rejection must be provided in written form. An email is considered written form. Must notify candidate immediately. Suggest calling the candidate as well.
Important Dates December 13 th 2015 deadline for County Chair to post where candidates can file on the last day. On Party s website or where filing occurs County Chair & Secretary If in multiple locations December 22 nd 2015 deadline to post a complete list of all candidates who filed for office on the SOS Website. December 23 rd 2015 deadline for RPT to email you a certified list of candidates in multi-county races for your ballot drawing.
Final Thoughts A candidate on the Republican Primary ballot can vote only in the Republican Primary. If a Republican candidate votes in the Democrat primary, he/she becomes ineligible and his/her name cannot appear on the General Election Ballot. (162.012) Best to have more than one review of the application if possible. If at all possible. DO NOT have the same person who notarized the application be the same person to accept the application. While you, as county chair, might be a notary public for other purposes, since you execute the document in the acceptance section, you cannot notarize a candidate's application. Applications and nominating signature pages become public documents. Copies must be provided to anyone upon request within 10 days. A fee may be charged not to exceed the cost of reproduction. The application does not have to be accepted before making copies to comply with open records requests. All records must be kept for two years.