Transcript Place Title Here - Secretary of State of Texas

Early Voting by Mail
26th ANNUAL ELECTION LAW SEMINAR
For
Cities, School, and Other Political Subdivisions
Caroline Geppert
December 2014
7/18/2015
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.
Mailing balloting materials to voter.
Receiving the ballot by mail.
Signature Verification Committee (not covered
in this presentation)
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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
• Compensation
– City Secretary – none
– Others – may receive compensation
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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
• 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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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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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 the EV Clerk by the 3rd day before election day
– Be Received before the marked ballot is returned to the EV Clerk
• Exception #1: AFTER EARLY VOTING BY PERSONAL APPEARANCE HAS CLOSED:
Request may be submitted at the early voting clerk’s office, but it must be
submitted in person by the voter. Also, the voter must accompany the request with
the ballot or sign an affidavit that the ballot was never received.
• Exception #2: DURING EARLY VOTING BY PERSONAL APPEARANCE OR ON
ELECTION DAY AT EARLY VOTING OR ELECTION DAY POLLING PLACE: At any early
voting polling place or at the voter’s election day precinct polling place, a voter may
cancel by returning the mail ballot OR presenting a “Notice of Improper Delivery”
to the polling place official.
• Exception #3: An applicant may cancel even if the marked ballot has been received
by the early voting clerk if the applicant appears in person to the main early voting
clerk and executes an affidavit stating that the voter did not mark the ballot as long
as the ballot has not yet been delivered to the early voting ballot board. [Section
84.032(e)]
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Cancelling Applications, cont.
• Review cancellation request
– Cancellation approved
• Notice of Cancellation provided to voter; voter may bring to polling place
and vote in person
• Remove voter’s name from EV Roster & EV precinct list (if list not yet sent
to Eday Judge)
• Remove notation on List of Registered Voters that voter was mailed ballot
• Attach cancellation request to ABBM and retain with other election
records
– Cancellation denied
• Notify voter of rejection and reason; retain cancellation request
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NOTE: A voter who requested a ballot by mail, did not return the ballot by mail, and now no
longer has the ballot by mail, may cast a provisional ballot either during early voting or on
election day by completing an affidavit indicating that he or she has not voted by mail and is
a registered voter in the precinct, per Section 63.011(a-1).
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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
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Mailing Ballot, Cont.
• 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
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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
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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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Receiving Early Voting Ballot By Mail, Cont.
• Ballots not timely-returned
– Improper delivery
• Notice of Improper delivery may be presented by voter during
early voting or on election day; voter may vote in person.
– 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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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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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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Signature Verification Committee
• Will be covered in Early Voting Ballot Board
talk later today.
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