Transcript Place Title Here

Election Day Procedures – 2014
32nd ANNUAL ELECTION LAW
SEMINAR
COUNTY ELECTION OFFICIALS
7/17/2015
Texas Secretary of State Elections Division
1
THINGS WE INTEND TO COVER
1. Qualifying voters and provisional voting after
SB 14.
2. Election judges and clerks: how many,
qualifications, ineligibility, and duties.
3. Polling place hours.
7/17/2015
Texas Secretary of State Elections Division
2
4.
5.
6.
7.
8.
People in the polling place
Voter Assistance
Interpreters
Electioneering
Miscellaneous polling place procedures
Statutory references are to the Texas Election Code.
7/17/2015
Texas Secretary of State Elections Division
3
After Implementation of Senate Bill
14, 82nd Legislature, 2011 (“SB 14”)
• Qualifying voters at the polling place
• Provisional voting
7/17/2015
Texas Secretary of State Elections Division
4
Forms of Identification
§§ 63.001(b), (g), (h), 63.0101
On offering to vote, voter must present one of the following 7
forms of identification described in Section 63.0101:
1. Texas driver's license issued by Texas Department of Public
Safety (“DPS”);*
2. Texas election identification certificate ("EIC") issued by
DPS;*
3. Texas personal identification card issued by DPS;*
4. Texas concealed handgun license issued by DPS;*
7/17/2015
Texas Secretary of State Elections Division
5
Forms of Identification (con’t)
5. United States military identification card ("military ID card")
that contains the person's photograph;*
6. United States citizenship certificate ("citizenship certificate")
that contains the person's photograph; OR
7. United States passport.*
*Indicates that document must not have not expired or expired
no earlier than 60 days before the date of presentation of
document by voter.
7/17/2015
Texas Secretary of State Elections Division
6
Forms of Identification (con’t)
No other form of identification (other than one of
the 7 Section 63.0101 documents described above),
including a voter's registration certificate, will
enable voter to receive a regular ballot. If one of
the 7 forms of identification is not presented, voter
will only be able to vote a provisional ballot.
7/17/2015
Texas Secretary of State Elections Division
7
Exception to 7 Forms of Section 63.0101 ID
§§ 13.002(i), 63.001(h)
If voter has notation of an “(E)" on his or her voter registration certificate after the
VUID number, not necessary for voter to have one of 7 forms of ID listed under Section
63.0101. Notation means voter is exempt from ID requirement under Section 63.0101
because voter is disabled.
To obtain exemption, at time applicant submits a voter registration application (or at a
later date if voter submits information at a later date), voter submits (a) written
documentation from the United States Social Security Administration evidencing he or
she has been determined to have a disability or from the United States Department of
Veterans Affairs evidencing he or she has a disability rating of at least 50%, and (b) a
statement in a form prescribed by the Secretary of State that he or she does not have
a form of identification acceptable under Section 63.0101.
7/17/2015
Texas Secretary of State Elections Division
8
After Presentation of ID Documentation
§§ 15.112, 63.001(c), 63.006, 63.0011
An election officer must determine whether the
voter's name on the documentation is on the list
of registered voters for the precinct.
7/17/2015
Texas Secretary of State Elections Division
9
Comparing ID Document Name to
that on List of Registered Voters
If voter's name on voter’s ID is identical to that on the
list of registered voters, voter is accepted for voting.
If voter's name on voter’s ID is not identical to that on
the list of registered voters, then the election worker
must determine if voter's name is "substantially
similar" to that on the list of registered voters before
voter is accepted for voting.
7/17/2015
Texas Secretary of State Elections Division
10
“Substantially Similar”
§ 63.001(c); 1 T.A.C. § 81.71
In determining whether voter’s name on voter’s ID and on list of
registered voters are “substantially similar,” election worker
should consider whether information on the presented ID
document matches elements of voter's information on official
list of registered voters, such as voter's residence address or date
of birth, which may be strong indicators that the name on the
presented ID document is substantially similar to the name on
the official list of registered voters and vice versa.
7/17/2015
Texas Secretary of State Elections Division
11
“Substantially Similar” (con’t)
Administrative rule 81.71 provides the following
examples of “substantially similar” names:
1. Name on presented ID is slightly different from one
or more of the name fields on the official list of
registered voters;
2. Name on presented ID or on the official list of
registered voters is customary variation of the
formal name, such as, for illustrative purposes only,
Bill for William, or Beto for Alberto;
7/17/2015
Texas Secretary of State Elections Division
12
“Substantially Similar” (con’t)
3. Voter's name on the presented ID document
contains an initial, a middle name, or a former name
that is not on the official list of registered; or
4. A first name, middle name, former name, or initial
of the voter's name that occupies a different field on
the presented ID document than a first name,
middle name, former name, or initial of the voter's
name on the official list of registered voters.
7/17/2015
Texas Secretary of State Elections Division
13
“Substantially Similar” (con’t)
If the reviewing election worker makes a determination
that voter's name on ID document and official list of
registered voters are substantially similar, voter shall be
accepted for voting if voter signs similar name affidavit.
• The similar name affidavit is part of the
combination form, and voter submits the affidavit
by initialing the appropriate box on the
combination form.
7/17/2015
Texas Secretary of State Elections Division
14
Voter Not On List
§ 63.006
Voter accepted for voting under Section 63.006,
even though name not on list of registered voters,
and election worker puts voter’s name on
registration omissions list, if:
1. Voter has one of 7 forms of ID required under
Section 63.0101; and
7/17/2015
Texas Secretary of State Elections Division
15
Voter Not On List (con’t)
2(a). Voter has voter registration certificate showing
that voter is currently registered in the precinct in
which the voter is offering to vote,
OR
2(b). Voter has voter registration certificate showing
he/she is currently registered in a different precinct in
the same county as the precinct in which he/she is
offering to vote and he/she executes an affidavit
(contained on the combination form) stating:
7/17/2015
Texas Secretary of State Elections Division
16
Voter Not On List (con’t)
- he/she is a resident of the precinct in which
he/she is offering to vote or is otherwise entitled by
law to vote in that precinct,
- he/she was a resident of the precinct in which
he/she is offering to vote at the time the
information on voter's residence address was last
provided to voter registrar,
- he/she did not deliberately provide false
information to secure registration in a precinct in
which he/she does not reside, and
- he/she is voting only once in the election.
7/17/2015
Texas Secretary of State Elections Division
17
Suspense Voters & Voters Who Have Moved
§§ 15.112, 63.0011
Before voter who is otherwise qualified to vote will be accepted
for voting, he/she must complete a statement of residence
(“SOR”) if:
1. There is an "S" notation next to voter's name on the list of
registered voters and voter still resides in the county where
registered.
2. If voter responds in the negative to the question, “Is the
residence address in the list of registered voters still your
correct address,” but still resides in the county of
registration.
7/17/2015
Texas Secretary of State Elections Division
18
Contacting Voter Registrar
In the past, our office has said election judges and
clerks should contact voter registrar in two instances:
1. When a voter comes into the polling place and
his/her name is not on the list of registered voters for
the precinct, while insisting that he or she is a
registered voter and has voted before, usually for the
purpose of directing voter to correct precinct; and
7/17/2015
Texas Secretary of State Elections Division
19
Contacting Voter Registrar (con’t)
2. Under former Section 63.009(b), repealed by
SB 14, if a voter did not have a voter registration
certificate in his/her possession and was not on
the list of registered voters for the precinct in
which voter was seeking to vote, voter would be
allowed to vote a regular ballot IF:
7/17/2015
Texas Secretary of State Elections Division
20
Contacting Voter Registrar (con’t)
– Voter presents proof of identification, and
– The election judge or clerk can determine from the voter
registrar that voter is a registered voter of the county.
With the implementation of SB 14, our office does not believe
there is any prohibition in election judges and clerks contacting
voter registrar in order to steer voters to their correct precinct.
However, you may no longer contact voter registrar to confirm
voter is registered voter for the purpose of allowing voter to vote
a regular ballot under now repealed Section 63.009(b).
7/17/2015
Texas Secretary of State Elections Division
21
Summary: Eligibility to Vote Regular
Ballot After SB 14
1. Voter must have one of 7 forms of ID
required under Section 63.0101, or have
“(E)” notation on voter registration certificate
after VUID number.
PLUS
7/17/2015
Texas Secretary of State Elections Division
22
Summary (con’t)
2(a). Voter must be on list of registered voters
for the precinct in which voter seeks to vote,
and voter’s name on ID document must be
identical or “substantially similar” to name on
list.
OR
7/17/2015
Texas Secretary of State Elections Division
23
Summary (con’t)
2(b). Voter must have a current voter registration
certificate satisfying Section 63.006.
PLUS
7/17/2015
Texas Secretary of State Elections Division
24
Summary (con’t)
3. Voter must complete SOR, if required under
Section 15.112 or 63.0011.
1 + 2(a) + 3 OR
1 + 2(b) +3
= Voter qualifies to vote regular ballot
7/17/2015
Texas Secretary of State Elections Division
25
Provisional Voting
§§ 63.001(g), 63.009, 63.011, 65.052, 65.054, 65.0541;
1 Tex. Admin. Code § § 81.172(b) - 81.174(b)
What Happens if........
1. Voter does not have one of 7 forms of ID required by Section
63.0101.
2. Voter has no voter registration certificate and is not on the list
of registered voters under Section 63.009.
3. Voter's name on ID documentation is not substantially similar
to that on the list of registered voters.
4. An annotation next to the voter's name indicates that the
voter voted early, either by mail or in person.
5. Voter has moved outside county of registration.
7/17/2015
Texas Secretary of State Elections Division
26
Provisional Voting (con’t)
A voter described by #1-#5 is only entitled to
vote a provisional ballot at the polling place.
Note: Voter under #5 may be able to vote a limited ballot during early voting
in person in his/her new county.
7/17/2015
Texas Secretary of State Elections Division
27
Provisional Voting Procedures
What to do?
– Election judge/clerk has voter complete the
Provisional Voter Affidavit envelope prior to voting
provisionally.
– Election judge/clerk enters voter’s name on List of
Provisional Voters and checks “provisional” on the
combination form after entering voter’s name
there.
– Provisional voter signs the combination form.
SB 14: Presiding judge checks box to indicate
whether voter has presented an acceptable form
of ID or meets the disability exception.
7/17/2015
Texas Secretary of State Elections Division
28
Provisional Voting Procedures (con’t)
What to do (con't)?
– Presiding judge checks reason for voting
provisionally, signs and dates the affidavit
envelope.
– Voter chooses a provisional ballot.
– Voter puts ballot into secrecy envelope, seals
secrecy envelope, places secrecy envelope in
affidavit envelope, and deposits envelope (unless
using DRE).
– Election judge/clerk gives voter Notice to
Provisional Voter.
7/17/2015
Texas Secretary of State Elections Division
29
Provisional Voting Procedures (con't)
What to do (con't)?
Notice to Provisional Voter must include:
– A list of the 7 forms of required ID under Section
63.0101;
– the procedure for presenting identification to
voter registrar after the election;
– a map of the location at which to present
identification, and
– A statement that if all procedures are followed
and voter is found to be eligible, voter’s
provisional ballot will be accepted.
7/17/2015
Texas Secretary of State Elections Division
30
Provisional Voting Procedures (con't)
What to tell the voter?
– Do not tell provisional voter that his/her ballot
won’t count.
– Unless:
Provisional voter presents no proof of
identification and does not have a disability
exemption, either at the polling place or at
voter registrar’s office during the “cure period.”
7/17/2015
Texas Secretary of State Elections Division
31
Provisional Voting Procedures (con’t)
The provisions of SB 14 provide for a “cure period,”
when a voter votes provisionally because he/she does
not have a form of ID prescribed by Section 63.0101.
The “cure period” does not affect provisional voting at
the polling place, except to the extent that a voter must
be given the notice form prescribed by Secretary of
State.
7/17/2015
Texas Secretary of State Elections Division
32
Provisional Voting Procedures (con’t)
The “cure period” allows a voter who voted
provisionally because he/she did not meet the
identification requirements, not later than the
6th day (extended if falls on weekend or legal
holiday) after the election date:
7/17/2015
Texas Secretary of State Elections Division
33
Provisional Voting Procedures (con’t)
• To present to voter registrar:
(1) one of 7 forms of identification described by
Section 63.0101 for examination;
(2) documentation to support a disability exemption;
OR
• To execute in the presence of voter registrar an
affidavit stating:
7/17/2015
Texas Secretary of State Elections Division
34
- voter has a religious objection to being
photographed; or
- voter does not have any identification meeting
the requirements of Section 63.001(b) as a result
of a natural disaster that occurred not earlier
than 45 days before the date the ballot was cast.
7/17/2015
Texas Secretary of State Elections Division
35
Provisional Voting Procedures (con't)
What happens after the election?
– General custodian of election records prepares a
summary of provisional ballots and delivers to
voter registrar (unless voter registrar makes
arrangements and posts notice if will take custody
of provisional ballot affidavits on election night).
7/17/2015
Texas Secretary of State Elections Division
36
Provisional Voting Procedures (con't)
—Voter registrar has 6 calendar days (extended if falls on
weekend or legal holiday) after election day to copy and
review all provisional ballot affidavits.
• NEW LAW (HB 985): For an election held on the date
of the general election for state and county officers,
voter registrar will have 7 calendar days to review the
provisional voter’s registration history.
• Pollwatchers are NOT entitled to be present during the
review.
7/17/2015
Texas Secretary of State Elections Division
37
Provisional Voting Procedures (con’t)
— Voter registrar returns provisional ballot affidavits by
precinct in a secured, locked container to the
presiding judge of Early Voting Ballot Board or general
custodian of election records.
— Early Voting Ballot Board must convene no later than
7th day (date not extended if falls on weekend or legal
holiday) after election day to decide provisional votes.
7/17/2015
Texas Secretary of State Elections Division
38
Election Judges and Clerks
§§ 32.001. 32.002, 32.005, 32,006, 32.031,
32.032, 32.033
This presentation does not focus on the
appointment of election judges and clerks, but on
their qualifications and duties.
To summarize such appointments:
7/17/2015
Texas Secretary of State Elections Division
39
Election Judges and Clerks (con’t)
1. Election judges and clerks for elections that
are ordered by Governor or county
commissioners court are appointed as provided
in our advisory,
http://www.sos.state.tx.us/elections/laws/advis
ory2013-06.shtml.
7/17/2015
Texas Secretary of State Elections Division
40
Election Judges and Clerks (con’t)
2. Election judges for elections that are ordered by the
governing bodies of political subdivisions, other than
counties, are appointed by those governing bodies.
3. Election judges for the primary election are
appointed by county chair with approval of county
executive committee, except in a joint primary, when
election judges and clerks are appointed by county
election officer from lists provided by chairs in
accordance with Section 172.126.
7/17/2015
Texas Secretary of State Elections Division
41
Election Judges and Clerks (con’t)
How many election judges and clerks are needed?
• Minimum = 3 people
– 1 presiding judge
– 1 alternate judge (serving as clerk)
– 1 clerk
Who appoints the workers?
• Generally, governing body appoints presiding judges.
• Presiding judge appoints at least two clerks for
his/her polling place. (One of those clerks is the
alternate judge.)
7/17/2015
Texas Secretary of State Elections Division
42
Election Judges and Clerks (con’t)
§§ 272.001, 272.009
• Bilingual Materials
– Federal law requires that all election-related
materials are provided in both English and
Spanish.
– Secretary of State will be responsible for
translations for statewide ballot language and
certain voter forms in any languages mandated by
the U.S. Census directory on the state or county
level.
7/17/2015
Texas Secretary of State Elections Division
43
Election Judges and Clerks (con’t)
• Bilingual Clerks
– State law requires the use of bilingual materials in
voting precincts situated in a county where 5% or
more of the inhabitants are of Spanish origin or
descent per the 2000 federal census. Example:
Harris County, per federal law, provides election
materials in English, Spanish, and Vietnamese.
– Any Texas Counties that must provide materials in
additional languages should have received notice
from the federal government during the summer
of 2011.
7/17/2015
Texas Secretary of State Elections Division
44
Election Judges and Clerks (con’t)
What if I can’t find a bilingual clerk?
– Ask local language teachers for assistance or to
recommend bilingual student voters.
– Ask your current election workers for
recommendations from people they know.
– Ask local civic leaders for assistance.
– Ask local minority groups and unions for
assistance.
If you cannot find enough bilingual clerks, you must
provide one bilingual worker at a central location to
provide translation and assistance.
7/17/2015
Texas Secretary of State Elections Division
45
Election Judges and Clerks (con’t)
§§ 32.051, 32.0511
• Who can be an election judge?
– Qualified voter of the election precinct, unless no eligible
person can be found inside the precinct, in which case the
judge or alternate maybe appointed from a different
precinct within the political subdivision.
• Who can be an election clerk?
– Qualified voter of the political subdivision
• Who can be a student election clerk?
7/17/2015
Texas Secretary of State Elections Division
46
Election Judges and Clerks (con’t)
§§ 32.052-32.056
Who CANNOT be an election judge or clerk?
• Public officer.
• Employee or relative of opposed candidate on the ballot.
– NEW LAW (HB 2110): Adds the party office of precinct chair, so that
an employee or relative of an opposed candidate for a public office,
the party office of county chair, or the party office of precinct chair
may not serve as an election judge or clerk.
• Campaign treasurer or assistant treasurer of candidate in the election.
• Campaign manager of candidate in the election.
• Individual finally convicted of an election offense (deferred adjudication
does not constitute a final felony conviction).
7/17/2015
Texas Secretary of State Elections Division
47
Election Judges and Clerks (con’t)
Who CANNOT be an election judge or clerk?
– An uncontested candidate MAY serve as an election worker.
– A candidate for a contested office may not serve in an election
held on the same day as that election in any precinct in which
the office sought is to be voted on.
Note: An incumbent cannot serve since they are
disqualified as an elected public officer.
7/17/2015
Texas Secretary of State Elections Division
48
Election Judges and Clerks (con’t)
§§ 32.071-32.075
• What does a judge do?
–
–
–
–
Manage polling place; must be present all day.
Administer any oaths required.
Complete and sign judge’s portion of provisional voter affidavit.
Sign off on other necessary forms such as Statement of Compensation
and Oaths.
– Designate working hours and assign duties for clerks.
– May appoint special peace officers (required to be licensed as peace
officers by Texas Commission on Law Enforcement), as needed, to
preserve order.
– Has power of district court judge while serving at polling place,
including power to issue arrest warrants.
7/17/2015
Texas Secretary of State Elections Division
49
Election Judges and Clerks (con’t)
§ 32.072
• What does a clerk do?
– Perform duties assigned by judge, such as
• Help set up polling area
• Qualify/Process Voters
• Assist voters who are qualified for and request assistance in the
polling place
• Perform curbside voting
• Count ballots/assist in precinct tabulation procedures in the
polling place
– Administer any oaths required
7/17/2015
Texas Secretary of State Elections Division
50
Hours
§§ 41.031, 41.032; Chapter 62
• 7 a.m. to 7 p.m.
– Early Voting Clerk
– Voter Registrar
• The polling place should be completely set up by 7 a.m.
– Set up the voter check in table
– Post all requisite signage
• Remember: anyone in line at 7 p.m. can vote.
7/17/2015
Texas Secretary of State Elections Division
51
Who is allowed in the polling place?
• Voters (§ 63.001)
• Minors
– With parent/guardian (§ 64.002)
– Students voting in student election (§ 276.007)
• Election Workers
– Judges and Clerks (§§ 32.071, 32.072)
– Vendor representatives/repair technicians (§ 125.010)
7/17/2015
Texas Secretary of State Elections Division
52
Who is allowed in the polling place?
(cont’d)
• Observers:
– Pollwatchers (§ 33.052)
– State Inspectors (§ 34.002)
– Federal Inspectors (federal Voting Rights Act, 42
U.S.C.A. § 1973(f))
– SOS and SOS staff (§ 34.004)
• County chair (NEW LAW (HB 1996), § 172.1113)
– For the primary election ONLY
– To perform “administrative functions related to
the conduct of the election.”
7/17/2015
Texas Secretary of State Elections Division
53
Who is allowed in the polling place?
(cont’d)
• Good Samaritans
– Interpreter for voter (§ 61.032)
– Person assisting voter (§ 64.032)
– Person accompanying disabled voter (§ 64.009)
• Law Enforcement
– IF summoned by presiding judge (§ 32.075)
– IF appointed as special peace officer by presiding
judge (§ 32.075)
7/17/2015
Texas Secretary of State Elections Division
54
Who is NOT allowed in the polling
place?
• Candidates (§ 61.001(b))
– Unless voting, assisting a voter, or conducting
official business in the building
• Bystanders (§ 61.001(a))
– People who are not in the polling place to vote or
for one of the other permitted reasons
7/17/2015
Texas Secretary of State Elections Division
55
Assisting a Voter
§§ 33.057, 64.031, 64.032
• Who is eligible for assistance?
– Any voter who is physically unable to mark the
ballot.
– Any voter who cannot read the ballot due to
visual or other impairment.
7/17/2015
Texas Secretary of State Elections Division
56
Assisting a Voter (con’t)
• What types of assistance are allowed?
– Reading the ballot to the voter.
– Directing the voter to read the ballot.
– Marking the voter’s ballot.
– Directing the voter to mark the ballot.
7/17/2015
Texas Secretary of State Elections Division
57
Assisting a Voter (con’t)
• Who is eligible to assist a voter?
– Any person that the voter chooses.
– Except: the voter’s employer, an agent of their
employer, or an officer or agent of the voter’s union.
– This includes candidates!
7/17/2015
Texas Secretary of State Elections Division
58
Assisting a Voter (con’t)
• Person can provide assistance regardless of:
– The fact that they have assisted someone else.
– Their residence.
– Their citizenship.
– Their voter registration status.
– Their age.
7/17/2015
Texas Secretary of State Elections Division
59
Assisting a Voter (con’t)
§§ 33.057, 64.032(b)
• What if the voter doesn’t choose the
assistant?
– Election workers may assist a voter.
– Two workers must assist together. (One
worker may assist during early voting.)
7/17/2015
Texas Secretary of State Elections Division
60
Assisting a Voter (con’t)
• Who else can be there?
– If the voter chooses their assistant, no one else
may be present.
– If election workers are assisting a voter, poll
watchers may be present to observe.
7/17/2015
Texas Secretary of State Elections Division
61
Assisting a Voter (con’t)
§§ 64.032(d), 64.034, 64.035, 64.036
• What else does an assistant need to do?
– Take the Oath of Assistance.
• NEW LAW (HB 2475): The oath has been
modified to include a statement that the
assistant is not the voter’s employer or an
agent thereof or an officer or agent of a labor
union to which the voter belongs.
– Name and address must be entered next to
voter’s name on poll list.
7/17/2015
Texas Secretary of State Elections Division
62
Assisting a Voter (con’t)
– Election official must ask voter if voter wants
entire ballot read to him/her, and if so, must
instruct assistant to do so.
– Must NOT mark ballot in any way other than how
the voter indicates he/she wants the ballot
marked. Offense is a Class A misdemeanor.
7/17/2015
Texas Secretary of State Elections Division
63
Election Officials Assisting Voters
§ 33.057, 34.002(b), 64.032, 64.033
• Two election officials may assist a voter. (One during early
voting.)
• Entire ballot must be read to voter unless voter states that
they only want to hear certain offices or measures.
• Election officials must also take Oath of Assistance, though
only need to take oath once.
7/17/2015
Texas Secretary of State Elections Division
64
Election Officials Assisting Voters
(con’t)
• Election workers’ names are not entered next
to voter’s name on poll list.
• Poll watcher and inspectors may observe
assistance when provided by election officials.
7/17/2015
Texas Secretary of State Elections Division
65
Assisting a Voter – Curbside Voting
§ 64.009
• What is curbside voting?
–If voter is unable to enter a polling
place without assistance or likelihood
of injury, he/she may be assisted
“curbside.”
7/17/2015
Texas Secretary of State Elections Division
66
Assisting a Voter – Curbside Voting
(con’t)
– One election official may deliver a ballot to voter
at the entrance to the polling place.
• If using a DRE system, the official will deliver
the DRE unit to voter rather than a ballot.
• NEW LAW (SB 910): Curbside voting during
early voting is to be conducted in the same
manner as on election day.
7/17/2015
Texas Secretary of State Elections Division
67
Assisting a Voter – Curbside Voting
(con’t)
• Poll watchers and inspectors may observe
curbside voting.
• Once voter has marked ballot, election official
deposits ballot in ballot box.
7/17/2015
Texas Secretary of State Elections Division
68
Assisting a Voter – Curbside Voting
(con’t)
– At voter’s request, person accompanying voter
must be able to select voter’s ballot and deposit in
ballot box.
– If curbside voter also requires assistance with
his/her ballot, may use assistant of his/her choice,
or may be assisted by two election officials.
7/17/2015
Texas Secretary of State Elections Division
69
Interpreting for a Voter
§§ 61.032, 61.033, 61.035
• An interpreter may also assist a voter
– Interpreters must be registered voters of the
political subdivision
– Remember: Unless voter needs the interpreter to
read the ballot because voter cannot read the
language in which the ballot is printed OR unless
voter is eligible for assistance, the interpreter’s job
ends when voter gets his/her ballot or media card.
7/17/2015
Texas Secretary of State Elections Division
70
Interpreting for a Voter (con’t)
• Interpreter must take Oath of Interpreter. (Must also take Oath
of Assistance, if also assisting voter who cannot read due to a
visual impairment or otherwise is eligible for assistance.)
7/17/2015
Texas Secretary of State Elections Division
71
What is Electioneering?
§ 61.003
• Electioneering is advocating for or against a
candidate, measure, party or issue within the
protective legal boundary surrounding a polling
place.
– NEW LAW (HB 259): Amends Section 61.003 to
provide that electioneering includes “the posting,
use, or distribution of political signs or literature.”
• Electioneering is a crime; it is a Class C misdemeanor.
7/17/2015
Texas Secretary of State Elections Division
72
Electioneering (con't)
• The required 100 foot distance markers surrounding
polling places mark the legal boundaries against
electioneering.
7/17/2015
Texas Secretary of State Elections Division
73
Electioneering (con't)
• NEW LAW (HB 259): The entity that owns or controls a public
building being used as an election day or early voting polling
place may not, at any time during the voting period, prohibit
electioneering on the building's premises outside of the 100foor distance marker, but may enact reasonable regulations
concerning the time, place, and manner of electioneering.
– Example: electioneering may not be completely prohibited outside the
100-foot distance from the entrance to a school building being used as a
polling place.
7/17/2015
Texas Secretary of State Elections Division
74
What is NOT electioneering?
• Voter Assistance Materials (§ 61.011)
– Voters are permitted to bring written materials
into the voting place to help them vote.
• Election officials should periodically check the
polling place and dispose of any such materials
left behind.
• Exit polling, if not disruptive.
7/17/2015
Texas Secretary of State Elections Division
75
What is NOT electioneering? (con’t)
• Name Tags Worn by Certain Officials (§§ 33.051, 61.010)
– Election judges, clerks, state or federal inspectors, peace
officers, and poll watchers must wear name tags or official
badges while on duty to identify them.
• NEW LAW (SB 160): Upon accepting a poll watcher for
service, an election official will provide the poll watcher
with an ID (prescribed by the SOS), which the poll
watcher must wear while serving as a watcher.
• No other person may wear a name tag or badge in the
polling place (relating to the election; see law for
details). An offense is a Class C misdemeanor.
7/17/2015
Texas Secretary of State Elections Division
76
If electioneering is going on …
• What if someone is electioneering? (§ 32.075)
– Presiding judge has responsibility to ensure safe,
confidential voting at polling place.
– Presiding judge may ask a disruptive person to leave.
• If a voter, they must be given the opportunity to vote
before removal from polling place.
• What if they won’t stop?
– The presiding judge may summon a peace officer.
7/17/2015
Texas Secretary of State Elections Division
77
Electioneering: Tips to Remember
§§ 32.075(e), 61.003, 61.004
• Electioneering is permitted outside the 100 foot
distance markers
– Unless person is using a prohibited sound
amplification device, such as a megaphone or
speaker system, within 1,000 feet of polling place.
– Unless reasonably restricted on the premises of a
public building under NEW LAW (HB 259).
• Presiding judge may not enforce outside of distance
markers.
7/17/2015
Texas Secretary of State Elections Division
78
Miscellaneous Polling Place
Procedures
• Wireless communications devices or mechanical or
electronic devices to record sound or images may not
be used within 100-feet of voting stations. Such
devices include cell phones, digital phones, cameras,
phone cameras, and sound recorders. Presiding
election judge has authority to require persons to
deactivate any such devices and to require persons
who do not comply to leave the polling place. (§§
61.014, 62.0111)
7/17/2015
Texas Secretary of State Elections Division
79
Miscellaneous Polling Place
Procedures (con’t)
— Exception: Election officer conducting officer’s official duties;
— Exception: Use of election equipment necessary for the conduct of
the election.
— Exception: Persons employed at the polling location while acting in
course of person’s employment.
• Poll watcher may not be accepted for service if poll watcher has
possession of a device capable of recording images or sound unless poll
watcher agrees to disable or deactivate the device. (§ 33.051)
• Media is also prohibited! (§ 61.001)
7/17/2015
Texas Secretary of State Elections Division
80
Thanks for your attention!
For more information:
Our website is: www.sos.texas.gov
Email questions to: [email protected]
7/17/2015
Texas Secretary of State Elections Division
81