preparing for the may 2015 election 26th annual election law seminar cities, schools, and other...

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Preparing for the May 2015 Election

26th Annual Election Law SeminarCities, Schools, and Other Political Subdivisions

Overview• Preclearance• Supplies• Calendar• Ballots

*Statutory references are to the Texas Election Code, unless otherwise indicated.

December 2014 Texas Secretary of State Elections Division 2

Preclearance• From 1972 to June 25, 2013, Texas was subject

to Section 5 of the federal Voting Rights Act.• Section 4(b) of the federal Voting Rights Act

contained the coverage formula• Shelby County, Alabama v. Holder, No. 12-96,

2013 WL 3184629 (U.S.) declares Section 4(b) of the Act unconstitutional.


Preclearance

• U.S. Attorney General:“The effect of the Shelby County decision is that the jurisdictions identified by the coverage formula in Section 4(b) no longer need to seek preclearance for new voting changes, unless they are covered by a separate court order entered under Section 3(c) of the Voting Rights Act.”

Source: http://www.justice.gov/crt/about/vot


Preclearance

Our office recommends that Texas political subdivision discuss the effect of Shelby and the continuing applicability of other provisions of the Voting Rights Act with their legal counsel


Supplies

See the outline regarding election supplies.

Outline is arranged in a way to help you organize your supplies

Texas Secretary of State Elections Division 6December 2014

Calendar & Pre-Election Procedures


Notice of Filing Period• in a building in which authority maintains an office• not later than the 30th day before first day to file• Special Election to Fill a Vacancy– Order includes deadline– Post notice of filing period, ASAP

• Political Subdivisions with no “first day to file”– post notice the 30th day before the last day on which a

candidate may file the application


Candidate Filing Deadline for a General Election held on

May 9, 2015:

Friday, February 27, 2015


When do I post the Notice of Filing Period?

“First day to File” entities:

Monday, December 29, 2014(cities, schools, including junior colleges)


When do I post the Notice of Filing Period?

Entities with no “first day to file”:

30th Day before the filing deadline (virtually no political subdivisions)


First Important Date

• Key Date: Friday, February 27, 2015(71st day before election day)

–There are a number of major mandatory and recommended deadlines that happen on this day.


• Deadline: Friday, February 27, 2015• Requirements: – (1) the date of the election; (2) the offices or

measures to be voted on; (3) the location of the main early voting polling place; (4) the dates and hours for early voting, except for cities and counties; (5) the early voting dates and hours for any Saturday or Sunday voting, except for cities and counties; and (6) the early voting clerk’s official mailing address.


Order of Election(General Election or Measure)

Order of Election

• Special elections to fill vacancy: As soon as practicable.– Senate Bill 910 (2013) changed these

dates.– There are now two windows within

which to order:• On or before Saturday, February 28, 2015

(70th Day Before)• On or before Friday, March 13, 2015 (57th

Day Before)– The order date determines the filing

deadline.


Special Election – Candidate Filings

• This ties back to the date the election was ordered.

• Two windows for filing deadline


Special Elections – Two Filing Windows

If election is ordered by Saturday, February 28, 2015 (70th day before election), then

filing deadline is Monday, March 9, 2015 (61st day before election day, extended from 62nd day under 1.006 ).


Special Elections – Two Filing Windows

If election is ordered by Friday, March 13, 2015 (57th day before election), then

filing deadline is Wednesday, March 25, 2015 (45th day before election day).


Recommended Deadlines

• By Friday, February 27, 2015, we recommend:– Ordering the list of registered voters for

the VR;– Ordering election supplies;– Appointing presiding and alternate

judges;– Appointing central counting station

personnel;– Appointing the presiding judge of the

EVBB;



• By Friday, February 27, 2015, we recommend:– Confirm availability of early voting

locations;– Confirm availability of election day

polling places;– Conclude any election services

contracts; and– Determine how to allocate voting

equipment.December 2014 Texas Secretary of State Elections Division 19


• Appointing presiding and alternate judges:– Remember that the governing body of

the political subdivision appoints the election judges.

– The governing body must also determine whether the appointments are for a single election or for a definite term not to exceed two years.

– See Section 32.005 for more information.


Candidate Withdrawal Deadlines• Regular Filing Deadline (General

Election)– Candidate can withdraw and be

removed from ballot if withdrawal by Wednesday, March 4, 2015

• Special Election:– If election ordered by Saturday, February 28, 2015,

then withdrawal deadline is Tuesday, March 17, 2015.

– If election ordered by Friday, March 13, 2015, then withdrawal deadline is Monday, March 30, 2015.


Applications for Ballot by Mail

• First Day to Accept ABBM*: Tuesday, March 10, 2015

• Last Day to Receive ABBM: Tuesday, April 30, 2015

Senate Bill 910 changed this deadline to the ninth day before election day (previously seventh).*NOTE: Annual ABBM may be submitted to County EV Clerk beginning January 1, 2015


Federal Post Card Application• Last day to receive an FPCA from a

registered voter is Friday, May 1, 2015.

• Last day for a person to apply for a full ballot by mail using an FPCA, if the person is not a registered voter, varies depending on whether the deadline is based on postmark or not.

Note that Senate Bill 910 did not change these FPCA deadlines, even though it changed the deadline for ABBMs.December 2014 Texas Secretary of State Elections Division 23

Mandatory Office Hours• Dates:

Friday, March 20, 2015 to Thursday, June 18, 2015

• Special Election:– Office hour rule is triggered starting the third

day after the election is ordered.

• ISDs: – Must have hours on school holidays, unless

state or federal holiday.


Overseas and Military Ballots – Mailing Deadline

Recommend 45th day before election day:

Wednesday, March 25, 2015


Testing: Electronic Voting Equipment

• Recommendation - complete your logic and accuracy testing before you send mail ballots.

• Remember that notice of test must be published 48 hours before the test occurs


Testing: Auto Tabulation Equipment

• Recommendation - that your automatic tabulator testing be completed before you send out mail ballots.

• Remember that notice of test must be published 48 hours before the test occurs.


Voter Registration Deadlines

Thursday, April 9, 2015– Deadline to register to vote.– Deadline to make a change of address

for election.


NOTICEOF

ELECTION


When do I post the Notice of Election?

3 options

*note: some entities have posting requirements


Texas Secretary of State Elections Division 31

Notice of Election

• Absent specific statutory requirements –– post notice on or before the 21st day before

election day

December 2014

General Rule:

Notice of Election

(1) Posting Notice at Election Precinct:– The deadline to post the notice in each

election precinct is Monday, April 20, 2015.

(2) Newspaper Notice:– Cities and school districts must publish notice

in the newspaper at least once between Thursday, April 9, 2015 and Wednesday, April 29,

2015.


In the following ways:

Notice of Election

(3) Mailing:– The deadline to mail a copy of the notice to

each registered voter is Wednesday, April 29, 2015.

Additional Notice:– The deadline to post notice on the bulletin board

used for posting notice of public meetings is Monday, April 20, 2015.


In the following ways:

Notice of Election

• Counties, School Districts & Cities– Newspaper publication; and– Notice on government bulletin board.

• Home Rule Cities– Must also give notice as provided in their

charters


Specific Requirements:

Early-Voting-in-Person Period

• Dates: Monday, April 27, 2015 – Tuesday, May 5, 2015

• Cities - Extended Hours:–must choose two weekdays on which to

be open for 12 hours during the regular early voting period.


Election Day5/09/2015


Polls Open 7 a.m. – 7 p.m.

EV Clerk Office Hours 7 a.m. – 7 p.m.

Voter Registrar Office Open 7 a.m. – 7 p.m.

Deadline for EV Ballots by Mail 7 p.m.

Provisional Ballots

Friday, May 15, 2015– Deadline for voters with ID issues to

cure.

Saturday, May 16, 2015– Deadline for EVBB to meet for

provisional ballots.

June 1, 2015– Deadline for EVBB to send notice of

outcome to provisional voters.December 2014 Texas Secretary of State Elections Division 37

• Suggestion: “rolling” process.

• Early Voting Ballot Board loses jurisdiction to determine provisional votes after Saturday, May 16, 2015, in the absence of a court order.


Provisional Ballots

Canvassing

Tuesday, May 12, 2015– First day of local canvass period,

assuming there are no outstanding provisional ballots or overseas voters.

Wednesday, May 20, 2015– Last day of local canvass period.


For any other deadlines

See the May Election Law calendar.


Calendar Notes


Ballots


Ballots - Overview• Preparing the Ballot• Ballot Form• Ballot Content• Ballot Correction• Packaging Requirements


Preparing the Official Ballot

• For an election ordered by:• a city - city secretary.• an authority of a political subdivision

other than a city -secretary of the subdivision’s governing body or the presiding officer if there is no secretary

[§ 52.002]December 2014 Texas Secretary of State Elections Division 44

Deadlines

• Deadlines• no specific deadline• must be prepared, finalized, and tested

in time for the mail ballots to be mailed in accordance with Section 86.004, UOCAVA, and the MOVE Act


Specimen Ballot• Preparing– 1 official ballot, for each ballot format used in each

election– Marked – “SPECIMEN”

• Public Inspection– made available after the official ballot prepared– may not be reproduced

• Preservation– same period as precinct election records


Sample Ballot• Preparation– printed on yellow paper– marked “SAMPLE BALLOT”

• Distribution– as directed by the authority responsible

• Posting– posted in each polling location

• may not be cast or counted


How many ballots do I print?

• Formula: A x B + C = D


A - percentage of voter turnout in a precinct

B - current number of registered voters in precinct

C- 25% of A x B

D - minimum number of ballots to be ordered

Local Option Elections

at least the number of ballots equal to the # of registered voters in the precinct plus 10% of the

number of voters


Ballot Form


Printing and Format Requirements

• Printing– Official ballots – black ink on white or light-colored

paper– May not be the same color as sample ballot

• Size or Type– No minimum requirement– Must be in uniform size or type


Printing & Format Requirements• Numbering– Consecutively beginning with #1– Emergency ballots

• Election and Date• Designation – “OFFICIAL BALLOT”• Bilingual• Instructions and Voting Squares


Ballot Content


Ballot Content

may contain only those offices and propositions stating measures on which the qualified voters

of the precinct are entitled to vote


Ballot Content

• Candidate Names– given name or initials– nickname, if any– surname (last name)

• must print name as certified by the authority


Permitted Candidate Names

• contraction or familiar form of a given name by which the candidate is known

• suffix, such as Sr., Jr., or 2nd

• nicknames


Nicknames

• Permitted –– One, unhyphenated word– Not more than 10 letters– Known for at least 3 years


Nicknames

• Nickname affidavit• Set off with parenthesis or quotation marks• May not have political, economic, social or

religious connotations or slogan


Nicknames - Restrictions

• Titles & Designations• Married Woman or Widow• Candidates with Same or Similar Name• Candidate’s Name – more than once on the

ballot


Order of Parties, Offices, Names and Propositions

• Party Columns– Beginning on the left with

(1) columns of parties with nominees for statewide & district offices; and

(2) columns of parties without nominees for statewide or district offices


Offices

• regularly filled at general election for state and county offices– as listed in Sec. 52.092

• political subdivision other than county– authority ordering election determines the order of offices

• Independent candidates & races without party nominees– ballot drawing


Ballot Drawing• Posted Notice– Include – date, hour and place– Continuous for 72 hours prior

• Notice to Candidates– Election held at county expense– City election– Any other political subdivision (i.e. city)

• Recommended date: Wednesday, March 4, 2015


Propositions

• Wording– Authority ordering the election prescribes wording• NOTE: some statutes specify ballot wording

• Form of Proposition– Single statement– Appears once


Propositions

• Order of Propositions– After the listing of offices, unless,• Officers election contingent on adoption of proposition

– More than one measure:• Authority ordering election – determines the order


Bond Election

• Additional Requirements – Issuance of Bonds or – Imposition of a tax;– Increase of a tax; or– Reduction of a tax

• Voting Squares


Ballot Correction


Ballot Correction – Approved Methods

• Stickers;• Line out or otherwise obscure;• Reprint– Notification requirements– Destruction of incorrect ballots


Packaging Requirements


Packaging Requirements

• Sealed – show precinct for which they were prepared & serial numbers

• Record of seals


Questions & Answers


preparing for the may 2015 election 26th annual election law seminar cities, schools, and other...

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