TMCCP Presents Election Law Seminar January 25-26, 2018, Frisco, Texas HANDOUT FOR Update From The Texas Secretary of State s Office with speaker Caroline Geppert, Attorney, Texas Office of the Secretary of State Texas Municipal Clerks Certification Program 1155 Union Circle #305067, Denton, Texas 76203-5017 940-565-3488 municlerks@unt.edu municlerks.unt.edu
Issues in Elections Caroline Webster Geppert Texas Secretary of State January 2018 1/18/2018 Texas Secretary of State Elections Division 1 Topics Covered Working with the SOS/Resources Elections in General Candidacy Issues Pre Election Duties Post Election Duties 1/18/2018 Texas Secretary of State Elections Division 2 Texas Secretary of State Elections Division 1
Working with the SOS/Resources 1/18/2018 Texas Secretary of State Elections Division 3 Secretary of State Chief Election Officer Official Forms Uniformity Assistance and Advice Voting Rights Hotline Referral of Criminal Complaints to OAG 1/18/2018 Texas Secretary of State Elections Division 4 Texas Secretary of State Elections Division 2
How do you contact us? Phone numbers 1.800.252.VOTE (8683) 512.463.5650 Option 3 for receptionist Or 1.800.252.2216 Option 2 for legal Physical Location Rudder Building 1019 Brazos Austin, Texas 78701 PO BOX 12060 Austin, Texas 78711 elections@sos.texas.gov 1/18/2018 Texas Secretary of State Elections Division 5 Conducting Your Elections http://www.sos.state.tx.us/elections/laws/citylaws.shtml 1/18/2018 Texas Secretary of State Elections Division 6 Texas Secretary of State Elections Division 3
Political Subdivisions Forms Index http://www.sos.state.tx.us/elections/forms/pol sub/index.shtml 1/18/2018 Texas Secretary of State Elections Division 7 Election Law Calendars http://www.sos.state.tx.us/elections/laws/november 7 election calendar 2017.shtml 1/18/2018 Texas Secretary of State Elections Division 8 Texas Secretary of State Elections Division 4
Election Glossary/Acronym List Glossary: www.sos.state.tx.us/elections/laws/glossary.shtml Acronyms: www.sos.state.tx.us/elections/laws/electionsacronyms abbreviations.shtml 1/18/2018 Texas Secretary of State Elections Division 9 General Election Topics 1/18/2018 Texas Secretary of State Elections Division 10 Texas Secretary of State Elections Division 5
Types of Elections General Elections Regular Board Member elections (for full term of office) General Election for State and County officers, Presidential Election Special Elections Special Election to fill a Vacancy, Tax Ratification Elections (TREs), Bond Elections, Constitutional Amendment Election. Runoff Election 1/18/2018 Texas Secretary of State Elections Division 11 Plurality v. Majority Plurality: A candidate must receive more votes than any other candidate for the office. Majority: A candidate must receive more than 50% of the total vote. Runoff Election: If no candidate received the vote necessary to be elected in an election requiring a majority vote, a runoff election is required. (2.021) Elections that Require a Majority Vote Election for an office of a city with a population of 200,000 or more. City that has increased the term of its elected officials to more than two years (Article XI, Section 11) Otherwise provided by law (Education, Water Code, etc.) 1/18/2018 Texas Secretary of State Elections Division 12 Texas Secretary of State Elections Division 6
Uniform Election Dates Uniform Election Dates (Election Code Sec. 41.001) Each general or special election is required to be held on one of the following dates: First Saturday in May in an odd numbered year; First Saturday in May in an even numbered year (for political subdivisions other than a county); OR First Tuesday after the First Monday in a November. EXCEPTIONS: Election held under a statute that provides that the requirement of Subsection (a) does not apply to the election, TRE (Tax Code, Sec. 26.07) Initial election of governing body of newly incorporated city (Election Code 41.001(a)(7)) Runoff election Elections that result from a court order Emergency election under Section 41.0011 Special Election to fill a Vacancy under Art XI, Sec. 11, Texas Constitution 1/18/2018 Texas Secretary of State Elections Division 13 Local Election Officials Duties of Local Election Official (Secretary of School Board) Accepting and reviewing candidate applications & certifying candidates for a place on the ballot Early Voting Clerk Procuring, Ordering and Delivering Supplies Preparing Ballots Procuring Polling Places Procuring and Training Election Judges Election Night Duties, including Unofficial Vote Tallies Maintaining Office Hours before and after election Preparing and Delivering certain reports to SOS Custodian of Election Records All of these duties can be contracted away, except duty to accept and review candidate applications, certify candidates for a place on the ballot, and serving as custodian of election records. 1/18/2018 Texas Secretary of State Elections Division 14 Texas Secretary of State Elections Division 7
Contracts/Joint Elections Joint Elections If two or more entities are holding an election on the same day in a particular territory, then they may enter into a joint election agreement and share precincts, workers, and/or equipment, etc. (Chapter 271) City Secretary should be aware that a School District MUST hold joint election with a city (if there is one with overlapping territory) for the regular board member election Contract for Election Services Contract between county election officer and entity holding election for various election services including the leasing of voting system equipment. (31.092) 1/18/2018 Texas Secretary of State Elections Division 15 Selection of a Voting System Contract with County or Vendor Acquisition of a Voting System Adoption of a Voting System Voting Systems 1/18/2018 Texas Secretary of State Elections Division 16 Texas Secretary of State Elections Division 8
Candidacy 1/18/2018 Texas Secretary of State Elections Division 17 Topics Covered Filing for Public Office Write in Candidates Candidate Applications Review of Application and Petition Administration Declaration of Ineligibility Withdrawal Q&A 1/18/2018 Texas Secretary of State 18 Texas Secretary of State Elections Division 9
Filing for Public Office Deadlines First Day to File General Elections (Uniform Election Date) 30 days before filing deadline. Notice of Deadline to File Applications for Place on the Ballot Must be Posted 30 days before 1 st day to file Filing Deadline General Elections (Uniform Date) Regular Candidates: 5:00 pm, 78 th day before election day. Write in Candidate Deadline 5:00 pm, 74 th day before election day. Applications can be delivered in person, by mail, or fax. 1/18/2018 Texas Secretary of State Elections Division 19 Filing for Public Office Posted Notice Notice of Deadline to File Applications for Place on the Ballot Form AW 3 2A Must be Posted 30 days before 1 st day to file! Monday, December 18, 2017 for the May 5, 2018 election 1/18/2018 Texas Secretary of State 20 Texas Secretary of State Elections Division 10
Filing for Public Office Filing Authority Type of Entity City School District Water District Hospital District Junior Colleges Library District Emergency Services District Filing Authority City Secretary Secretary of School Board or designee Secretary of Board or Presiding Officer or Agent, if permitted under Water Code Secretary of the Board, or designee Secretary of the Board Secretary of the Board, or Presiding Officer Multi County District, County Clerk of each County. Employee Rule Delegation of Duty Permitted within political subdivision NOT permitted between political subdivisions. 1/18/2018 Texas Secretary of State 21 Method of Filing Applications can be delivered in person, by mail, or fax. If by mail, must look at time of receipt NOT postmark. Receipt = actual possession of filing authority or agent, or time deposited in the authority's mail box. Can t submit via fax if application requires a filing fee. SOS recommends not using fax if application contains petition. E mail submission is NOT permitted under the Election Code. 1/18/2018 Texas Secretary of State 22 Texas Secretary of State Elections Division 11
Write in Candidates Must file a Declaration of Write in Candidacy Filing Deadlines General Election: 74 th day before election day (withdrawal deadline 71 st day before election day) Special Election to fill a Vacancy: New Law (HB 2323) same deadline as for regular candidates to file application for a place on the ballot (withdrawal deadline 5 th day after filing deadline). 1/18/2018 Texas Secretary of State 23 Candidate Application Application for Place on General Election Ballot (AW 2 21) Application for Place on Special Election Ballot (AW 2 22) Declaration of Write in Candidacy (AW 2 23) Applications and more can be found at: www.sos.texas.gov 1/18/2018 Texas Secretary of State 24 Texas Secretary of State Elections Division 12
Review of Candidate Application Form, Content, and Procedure Review must be completed no later than 5 th day after application is received (unless there is a petition). Accepting application does not preclude a later determination that there is a deficiency in the application. If rejecting, must do so immediately and deliver to candidate written notice of rejection. NEW LAW: (SB 44, 2017, RS) Cannot challenge after the day before any ballot by mail is mailed for the election. 1/18/2018 Texas Secretary of State 25 Review of Accompanying Petition Sec. 141.032(c) If an application is accompanied by a petition, the petition is considered part of the application, and the review shall be completed as soon as practicable after the date the application is received by the authority. However, the petition is not considered part of the application for purposes of determining compliance with the requirements applicable to each document, and a deficiency in the requirements for one document may not be remedied by the contents of the other document. Unless the petition is challenged, the authority is only required to review the petition for facial compliance with the applicable requirements as to form, content, and procedure. Sec. 141.034. LIMITATION ON CHALLENGE OF APPLICATION. (a) An application for a place on the ballot may not be challenged for compliance with the applicable requirements as to form, content, and procedure after the day before any ballot to be voted early by mail is mailed to an address in the authority's jurisdiction for the election for which the application is made. (b) This section does not apply to a determination of a candidate's eligibility. (c) A challenge must state with specificity how the application does not comply with the applicable requirements as to form, content, and procedure. The authority's review of the challenge is limited to the specific items challenged and any response filed with the authority by the challenged candidate. 1/18/2018 Texas Secretary of State Elections Division 26 Texas Secretary of State Elections Division 13
Review of Accompanying Petition Sec. 141.065. AFFIDAVIT OF CIRCULATOR. (b) If a petition contains an affidavit that complies with Subsection (a), for the purpose of determining whether the petition contains a sufficient number of valid signatures, the authority with whom the candidate's application is filed may treat as valid each signature to which the affidavit applies, without further verification, unless proven otherwise. (c) A single notarized affidavit by any person who obtained signatures is valid for all signatures gathered by the person if the date of notarization is on or after the date of the last signature obtained by the person. In Re Pena found there was insufficient proof that the challenged signatures were not of registered voters 1/18/2018 Texas Secretary of State Elections Division 27 Challenging Petition Contents Challenge should be made in writing. Challenge must specify each signature challenged and reason for challenge. Filing Authority should notify candidate whose petition is challenged, preferably in writing. Filing authority considers evidence presented by challenging individual and any response submitted by challenged applicant. Deadline to make challenge and for challenge to be decided is day before 1 st ballot has been mailed. Challenge made or decided after that date has no legal effect. Challenger who waits until deadline to make the challenge will likely miss the window. 1/18/2018 Texas Secretary of State Elections Division 28 Texas Secretary of State Elections Division 14
Administration Declaration of Ineligibility Eligibility MAY administratively declare candidate ineligible if: Information on candidate application indicates ineligible for office, OR Conclusive public record shows ineligible. NOTE: There is NO public record that conclusively establishes residency. Candidate must be given written notice of the declaration of ineligibility. 1/18/2018 Texas Secretary of State Elections Division 29 Administrative Declaration of Ineligibility Candidate MAY be declared ineligible: By filing authority before early voting in person begins, OR By presiding officer of final canvassing authority after polls close and before certificate of election is issued. Candidate must be given written notice of the declaration of ineligibility. 1/18/2018 Texas Secretary of State 30 Texas Secretary of State Elections Division 15
To be effective, withdrawal MUST be: In writing, signed, and notarized, AND Timely filed with the filing authority [Sec. 145.092(f) and 145.094(a)(4)]. Withdrawal Uniform Election Dates: 5 pm, 71 st day before election day (Friday, February 23, 2018 for May 5, 2018 election date). Runoff Elections: 5 pm, third day after canvass of main election Other elections: 5 pm, fifth day after application deadline. 1/18/2018 Texas Secretary of State Elections Division 31 Withdrawal If withdrawal submitted too late, candidate s name remains on ballot and withdrawal has no effect. EXCEPTION: NEW LAW, HB 1661 (2017), Untimely withdrawal can still remove name from ballot if ballots have not been prepared at the time candidate files withdrawal. May allow cancellation of election if candidate unopposed and other requirements met. 1/18/2018 Texas Secretary of State Elections Division 32 Texas Secretary of State Elections Division 16
Cancellation Cancellation outline: http://www.sos.state.tx.us/elections/laws/cance llation.shtml Call us! 1/18/2018 Texas Secretary of State Elections Division 33 Pre Election Day Procedures 1/18/2018 Texas Secretary of State Elections Division 34 Texas Secretary of State Elections Division 17
Pre Election Day Procedures Notice of Deadline to File Applications for Place on the Ballot Candidate Filings Order of Election Notice of Election 1/18/2018 Texas Secretary of State Elections Division 35 Oaths Statement of Officer/Constitutional Oath of Office, (ArticleXVI,Section1): Per Attorney General, opinion KP 140 (PDF) all presiding judges, alternate judges and early voting clerks must complete the statement of officer and take the constitutional oath of office. This must be completed prior to entering service. Statutory Oath of Office (62.003): The is the statutory oath of office that must be completed by all Presiding Judges, Alternate Judges, Election Clerks for election day polling places, early voting polling places, early voting ballot board, and the central counting station. The SOS has prescribed a form for this oath. This oath is also located on the Statement of Compensation. NEW Oath for Early Voting Ballot Board/Central Counting Station (87.006, 127.0015): HB 1735 (85th Legislature, RS, 2017) created a new oath for all members of the Early Voting Ballot Board and the Central Counting Station. The statutory language shall be used for primary elections, the general election for state and county offices and special elections ordered by the Governor. The SOS has prescribed an alternate version of the oath for all other elections that do not contain party affiliation. This oath is located in the Early Voting Ballot Board Handbook and on forms prescribed by the SOS. Entities should also provide for the administration of this oath in their Central Counting Station Plans. Advisory: http://www.sos.state.tx.us/elections/laws/advisory2017 10.shtml 1/18/2018 Texas Secretary of State Elections Division 36 Texas Secretary of State Elections Division 18
Early Voting in Person State Law requires EV be conducted in person and by mail. Dates of Early Voting: General Rule: 17th day to 4th day before Election Day. Uniform Election Date in May and resulting runoff: 12th day to 4th day before election. Primary runoff or special legislative election runoff: 10th day to 4 th day before election. If first day falls on a Saturday, Sunday, or legal holiday, EV begins on the next regular business day. (85.001) 1/18/2018 Texas Secretary of State Elections Division 37 Early Voting By Mail Early Voting by Mail State Application for a Ballot By Mail (ABBM) must be received no late than the 11 th day before election day; deadline moves to previous business day if 11 th day falls on holiday or weekend. Annual ABBM due to age or disability List of Annual ABBM Voters will be forwarded by county to entities holding elections Federal Postcard Application (FPCA) must be received by the 11 th day before the election. New Rule for Faxed/Emailed ABBMS and Faxed FPCAs Original must be mailed so it is received by early voting clerk no later than 4 th business day after faxed/emailed ABBM or faxed FPCA If original mailed and received by deadline, preserves the date of submission of the faxed/emailed ABBM or faxed FPCA. Otherwise, mailed ABBM/FPCA is treated as newly submitted and not ties to faxed/emailed ABBM or faxed FPCA. 1/18/2018 Texas Secretary of State Elections Division 38 Texas Secretary of State Elections Division 19
Post Election Procedures 1/18/2018 Texas Secretary of State Elections Division 39 Post Election Procedures Canvass Qualifying for Office Certificate of Election (67.016) Statement of Elected Officer (Art XVI, Sec. 1, Tex. Const.) Oath of Office, Chapter 602, Texas Government Code Filed locally. 1/18/2018 Texas Secretary of State Elections Division 40 Texas Secretary of State Elections Division 20
Post Election Procedures Recounts (Title 13, Election Code) Petition for a Recount Automatic Recount www.sos.state.tx.us/elections/laws/recounts.shtml Election Contests (Title 14, Election Code) Action occurs in district court. Losing candidate files suit against the winning candidate. 1/18/2018 Texas Secretary of State Elections Division 41 Reports to SOS Precinct by Precinct Report Partial Manual Count Annual Voting Systems Report 1/18/2018 Texas Secretary of State Elections Division 42 Texas Secretary of State Elections Division 21
Questions? 1/18/2018 Texas Secretary of State Elections Division 43 Texas Secretary of State Elections Division 22