Transcript Document
Preparing for the May 2015 Election 26th Annual Election Law Seminar Cities, Schools, and Other Political Subdivisions 1 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. December 2014 Texas Secretary of State Elections Division 3 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 December 2014 Texas Secretary of State Elections Division 4 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 December 2014 Texas Secretary of State Elections Division 5 Supplies See the outline regarding election supplies. Outline is arranged in a way to help you organize your supplies December 2014 Texas Secretary of State Elections Division 6 Calendar & Pre-Election Procedures December 2014 Texas Secretary of State Elections Division 7 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 December 2014 Texas Secretary of State Elections Division 8 Candidate Filing Deadline for a General Election held on May 9, 2015: Friday, February 27, 2015 December 2014 Texas Secretary of State Elections Division 9 When do I post the Notice of Filing Period? “First day to File” entities: Monday, December 29, 2014 (cities, schools, including junior colleges) December 2014 Texas Secretary of State Elections Division 10 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) December 2014 Texas Secretary of State Elections Division 11 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. December 2014 Texas Secretary of State Elections Division 12 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. December 2014 Texas Secretary of State Elections Division 13 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. December 2014 Texas Secretary of State Elections Division 14 Special Election – Candidate Filings • This ties back to the date the election was ordered. • Two windows for filing deadline December 2014 Texas Secretary of State Elections Division 15 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 ). December 2014 Texas Secretary of State Elections Division 16 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). December 2014 Texas Secretary of State Elections Division 17 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; December 2014 Texas Secretary of State Elections Division 18 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. December 2014 Texas Secretary of State Elections Division 19 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. December 2014 Texas Secretary of State Elections Division 20 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. December 2014 Texas Secretary of State Elections Division 21 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 December 2014 Texas Secretary of State Elections Division 22 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. December 2014 Texas Secretary of State Elections Division 24 Overseas and Military Ballots – Mailing Deadline Recommend 45th day before election day: Wednesday, March 25, 2015 December 2014 Texas Secretary of State Elections Division 25 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 December 2014 Texas Secretary of State Elections Division 26 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. December 2014 Texas Secretary of State Elections Division 27 Voter Registration Deadlines Thursday, April 9, 2015 – Deadline to register to vote. – Deadline to make a change of address for election. December 2014 Texas Secretary of State Elections Division 28 E L N E O T O C I F T C I E O N December 2014 Texas Secretary of State Elections Division 29 When do I post the Notice of Election? 3 options *note: some entities have posting requirements December 2014 Texas Secretary of State Elections Division 30 Notice of Election General Rule: • Absent specific statutory requirements – – post notice on or before the 21st day before election day December 2014 Texas Secretary of State Elections Division 31 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. December 2014 Texas Secretary of State Elections Division 32 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. December 2014 Texas Secretary of State Elections Division 33 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 December 2014 Texas Secretary of State Elections Division 34 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. December 2014 Texas Secretary of State Elections Division 35 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. December 2014 Texas Secretary of State Elections Division 36 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 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. December 2014 Texas Secretary of State Elections Division 38 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. December 2014 Texas Secretary of State Elections Division 39 For any other deadlines See the May Election Law calendar. December 2014 Texas Secretary of State Elections Division 40 Calendar Notes December 2014 Texas Secretary of State Elections Division 41 Ballots December 2014 Texas Secretary of State Elections Division 42 Ballots - Overview • • • • • Preparing the Ballot Ballot Form Ballot Content Ballot Correction Packaging Requirements December 2014 Texas Secretary of State Elections Division 43 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 December 2014 Texas Secretary of State Elections Division 45 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 December 2014 Texas Secretary of State Elections Division 46 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 December 2014 Texas Secretary of State Elections Division 47 How many ballots do I print? • Formula: A x B + C = D December 2014 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 Texas Secretary of State Elections Division 48 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 December 2014 Texas Secretary of State Elections Division 49 Ballot Form December 2014 Texas Secretary of State Elections Division 50 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 December 2014 Texas Secretary of State Elections Division 51 Printing & Format Requirements • Numbering – Consecutively beginning with #1 – Emergency ballots • Election and Date • Designation – “OFFICIAL BALLOT” • Bilingual • Instructions and Voting Squares December 2014 Texas Secretary of State Elections Division 52 Ballot Content December 2014 Texas Secretary of State Elections Division 53 Ballot Content may contain only those offices and propositions stating measures on which the qualified voters of the precinct are entitled to vote December 2014 Texas Secretary of State Elections Division 54 Ballot Content • Candidate Names – given name or initials – nickname, if any – surname (last name) • must print name as certified by the authority December 2014 Texas Secretary of State Elections Division 55 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 December 2014 Texas Secretary of State Elections Division 56 Nicknames • Permitted – – One, unhyphenated word – Not more than 10 letters – Known for at least 3 years December 2014 Texas Secretary of State Elections Division 57 Nicknames • Nickname affidavit • Set off with parenthesis or quotation marks • May not have political, economic, social or religious connotations or slogan December 2014 Texas Secretary of State Elections Division 58 Nicknames - Restrictions • • • • Titles & Designations Married Woman or Widow Candidates with Same or Similar Name Candidate’s Name – more than once on the ballot December 2014 Texas Secretary of State Elections Division 59 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 December 2014 Texas Secretary of State Elections Division 60 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 December 2014 Texas Secretary of State Elections Division 61 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 December 2014 Texas Secretary of State Elections Division 62 Propositions • Wording – Authority ordering the election prescribes wording • NOTE: some statutes specify ballot wording • Form of Proposition – Single statement – Appears once December 2014 Texas Secretary of State Elections Division 63 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 December 2014 Texas Secretary of State Elections Division 64 Bond Election • Additional Requirements – Issuance of Bonds or – Imposition of a tax; – Increase of a tax; or – Reduction of a tax • Voting Squares December 2014 Texas Secretary of State Elections Division 65 Ballot Correction December 2014 Texas Secretary of State Elections Division 66 Ballot Correction – Approved Methods • Stickers; • Line out or otherwise obscure; • Reprint – Notification requirements – Destruction of incorrect ballots December 2014 Texas Secretary of State Elections Division 67 Packaging Requirements December 2014 Texas Secretary of State Elections Division 68 Packaging Requirements • Sealed – show precinct for which they were prepared & serial numbers • Record of seals December 2014 Texas Secretary of State Elections Division 69 Questions & Answers December 2014 Texas Secretary of State Elections Division 70