Transcript Document

Preparing for the
May 2015 Election
26th Annual Election Law Seminar
Cities, Schools, and Other Political Subdivisions
1
Overview
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Preclearance
Supplies
Calendar
Ballots
*Statutory references are to the Texas Election
Code, unless otherwise indicated.
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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.
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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
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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
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Supplies
See the outline regarding election supplies.
Outline is arranged in a way to help you organize
your supplies
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Calendar &
Pre-Election Procedures
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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
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Candidate Filing Deadline for a
General Election held on
May 9, 2015:
Friday, February 27, 2015
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When do I post the
Notice of Filing Period?
“First day to File” entities:
Monday, December 29, 2014
(cities, schools, including junior colleges)
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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)
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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.
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Order of Election
(General Election or Measure)
• 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.
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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.
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Special Election –
Candidate Filings
• This ties back to the date the election was
ordered.
• Two windows for filing deadline
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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 ).
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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).
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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;
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Recommended Deadlines
• 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.
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Recommended Deadlines
• 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.
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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.
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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
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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.
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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.
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Overseas and Military Ballots –
Mailing Deadline
Recommend 45th day before election day:
Wednesday, March 25, 2015
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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
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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.
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Voter Registration Deadlines
Thursday, April 9, 2015
– Deadline to register to vote.
– Deadline to make a change of address for election.
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E
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T O C
I F T
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When do I post the Notice of
Election?
3 options
*note: some entities have posting requirements
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Notice of Election
General Rule:
• Absent specific statutory requirements –
– post notice on or before the 21st day before
election day
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Notice of Election
In the following ways:
(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.
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Notice of Election
In the following ways:
(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.
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Notice of Election
Specific Requirements:
• Counties, School Districts & Cities
– Newspaper publication; and
– Notice on government bulletin board.
• Home Rule Cities
– Must also give notice as provided in their charters
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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.
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Election Day
5/09/2015
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.
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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.
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Provisional Ballots
• 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.
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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.
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For any other deadlines
See the May Election Law calendar.
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Calendar Notes
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Ballots
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Ballots - Overview
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Preparing the Ballot
Ballot Form
Ballot Content
Ballot Correction
Packaging Requirements
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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]
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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
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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
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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
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How many ballots do I print?
• Formula: A x B + C = D
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A-
percentage of voter turnout in a precinct
BC-
current number of registered voters in
precinct
25% of A x B
D-
minimum number of ballots to be ordered
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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
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Ballot Form
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Printing and Format Requirements
• Printing
– Official ballots – black ink on white or lightcolored paper
– May not be the same color as sample ballot
• Size or Type
– No minimum requirement
– Must be in uniform size or type
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Printing & Format Requirements
• Numbering
– Consecutively beginning with #1
– Emergency ballots
• Election and Date
• Designation – “OFFICIAL BALLOT”
• Bilingual
• Instructions and Voting Squares
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Ballot Content
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Ballot Content
may contain only those offices and propositions
stating measures on which the qualified voters
of the precinct are entitled to vote
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Ballot Content
• Candidate Names
– given name or initials
– nickname, if any
– surname (last name)
• must print name as certified by the authority
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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
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Nicknames
• Permitted –
– One, unhyphenated word
– Not more than 10 letters
– Known for at least 3 years
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Nicknames
• Nickname affidavit
• Set off with parenthesis or quotation marks
• May not have political, economic, social or
religious connotations or slogan
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Nicknames - Restrictions
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Titles & Designations
Married Woman or Widow
Candidates with Same or Similar Name
Candidate’s Name – more than once on the
ballot
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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
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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
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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
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Propositions
• Wording
– Authority ordering the election prescribes
wording
• NOTE: some statutes specify ballot wording
• Form of Proposition
– Single statement
– Appears once
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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
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Bond Election
• Additional Requirements
– Issuance of Bonds or
– Imposition of a tax;
– Increase of a tax; or
– Reduction of a tax
• Voting Squares
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Ballot Correction
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Ballot Correction –
Approved Methods
• Stickers;
• Line out or otherwise obscure;
• Reprint
– Notification requirements
– Destruction of incorrect ballots
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Packaging Requirements
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Packaging Requirements
• Sealed – show precinct for which they were
prepared & serial numbers
• Record of seals
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Questions & Answers
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