Transcript Place Title Here - Texas Secretary of State

Early Voting by Mail
ELECTION LAW SEMINAR
For
CC’s, EA’s, & VR’s
Caroline Geppert
July 2014
7/16/2015
Texas Secretary of State Elections Division
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TOPICS COVERED IN EVBM OUTLINE
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Who runs early voting?
Who can vote by mail?
How to vote by mail.
Witness and Assistance rules and procedures.
Cancellation of ABBM’s
Mailing balloting materials to voter.
Receiving the ballot by mail.
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Texas Secretary of State Elections Division
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Early Voting Clerk
• County – CC/EA
• City – City Secretary
• School/Others – Appointed by Governing Body
– Qualified voter of political subdivision, OR
– Permanent employee of political subdivision &
registered in TX
– Disqualifications
• Deputy Early Voting Clerks –
Permanent/Temporary
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Texas Secretary of State Elections Division
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WHO CAN VOTE BY MAIL?
• 65 or older on Election Day
– Annual ABBM
• Disabled
• Absent from County during Early Voting and
on Election Day
• Confined in Jail
• In Address Confidentiality Program
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Texas Secretary of State Elections Division
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How to Vote By Mail
Complete & Submit Official or Informal Application
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In writing
Signed by applicant or witness
Contain Applicant’s Name
State Registered Residence Address
Contain Address to which ballot to be mailed
State Grounds for voting by mail
Indicate Type and Date of Election
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Texas Secretary of State Elections Division
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How to Submit an Application
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Delivery
• Before early voting in person begins
• After early voting in person begins
• Common or contract carrier
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Deadline
• 9th Day before election day (moves to 11th day for
Tuesday elections)
• FPCA’s are still 7th day
• Runoff rule
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Texas Secretary of State Elections Division
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Review of Application for Ballot by Mail
• Timeliness
• Proper Delivery (mail, common/contract carrier, fax, in
person by voter)
• Correct Clerk
• Registration Status (if on suspense, send SOR)
• Residence and Mailing Address/SOR
• Additional Considerations (outside county, disability, 65
or older)
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Texas Secretary of State Elections Division
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Accepting Application
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Place in Jacket Envelope
Place Voter’s name on Early Voting Roster
Indicate on Roster ballot was mailed
Add voter’s name to precinct list of early voters
Make notation on list of registered voters that
voter was mailed a ballot
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Texas Secretary of State Elections Division
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Rejecting Application
• Mail/otherwise deliver notice of rejection
– Include new ABBM if original received on or
before 12th day before election day
• Keep rejected application in file & attach copy
of rejection letter
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Texas Secretary of State Elections Division
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Cancelling Application
• Request must be
– In writing
– Specify election
– Be received by 3rd day before election day
• Exceptions
• Review cancellation request
– Cancellation approved
– Cancellation denied
• Notice of Improper delivery may be presented by
voter during early voting or on election day.
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Texas Secretary of State Elections Division
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Mailing Ballot to Voter
• Mail to the Voter:
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Ballot
Ballot envelope
Carrier Envelope
List of declared write-in candidates
SOR, if applicable
Dear Voter Letter or other special Instructions
Notice regarding postage
Texas Secretary of State Elections Division
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Mailing Ballot, Con’t
• Deadline to Mail Ballots
• Ballot Error or Incorrect Ballot Procedure
– Affects voter’s choice?
– Procedure
• Availability of Early Voting by Mail Records
– ABBM & Carrier Envelope
– EV Rosters
• Annual ABBM
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Texas Secretary of State Elections Division
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Assisting Voter
• In marking/reading ballot if physical
disability/inability to read/mark ballot
• Assistant signs oath, states name/address
– Unlimited if comply with requirements
• Offenses
– Assistant does not provide name/address
– Compensation based on number of voters assisted
– Unlawful assistance
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To voter not eligible for assistance
Prepares ballot other than voter directs
Suggests how voter should vote
Voter did not request assistance
Texas Secretary of State Elections Division
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Receiving Early Voting Ballot By Mail
• Time of receipt
• Submission/Delivery of Carrier Envelope
• Action on timely-returned ballots
– Open delivery envelope
– Place delivery envelope in jacket envelope
– More than one carrier in delivery envelope
• Registered at same address?
Seal Jacket Envelope, keep in safe place, deliver to EVBB
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Texas Secretary of State Elections Division
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Receiving Early Voting Ballot By Mail, Con’t.
• Ballots not timely-returned
– Improper delivery
– Possession of another person’s carrier envelope
– Enter time of receipt on carrier, retain carrier,
preserve unopened carrier
– Deliver written notice to voter (voter may present
notice and vote on election day)
• Defective Carrier timely returned
– E.g., voter fails to sign
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Texas Secretary of State Elections Division
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Carrier Envelope Criminal Offenses
• Witness on carrier envelope fails to provide
name/residence address
• Person mails another voter’s ballot and does not
provide signature, name, address.
– No offense if relative or registered at same address for
either of above offenses
• Compensation for collecting and mailing carrier
envelopes if based on number of ballots mailed.
• Buying or selling of ballot/balloting materials (appears
in outline after signature verification committee).
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Texas Secretary of State Elections Division
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Annual ABBM
• Please join me in our break out session on
Annual ABBM’s later in the seminar – bring
your questions, scenarios, and stories.
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Texas Secretary of State Elections Division
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