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Special Forms of Early Voting
Andre Montgomery, Staff Attorney
Elections Division – Texas Secretary of State
26th Annual Election Seminar – Dec. 2014
7/21/2015
Texas Secretary of State Elections Division
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Agenda
• Late Voting
– Disabled Voter – Chapter 102
– Death in Immediate Family – Chapter 103
– Disabled Voter on Election Day – Chapter 104
• Military Personnel and Overseas Voters –
Chapter 105
• Voting by Persons on Space Flight – Chapter 106
• Limited Ballot – Chapter 112
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Late Voting – Disabled Voter
•
•
•
•
•
•
Eligibility
Application Contents
Submitting Application
Deadline
Reviewing Application
Marking and Processing Ballot
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Late Voting – Disabled Voter
• Eligibility:
1. Voter has “sickness or physical condition”
that would prevent the voter from being able
to appear in person at the polling place.
Childbirth is sufficient cause. (§82.002)
2. Disability begins on or after the day before
the last day for submitting ABBM. (§102.001)
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Late Voting – Disabled Voter
• Application Contents:
1. Contents of ABBM, and
2. Certificate from a licensed physician,
chiropractor
or
Christian
Science
practitioner certifying sickness or physical
condition. (§102.002)
• Tip: Please see SOS Form AW5-25.
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Late Voting – Disabled Voter
• Submitting Application:
– Application must be submitted in person at main early voting polling
place by a representative of applicant.
– Note: If ballots by mail are being processed at another location, the early
voting clerk may require applications be delivered there. (§102.003)
• Representative Qualifiers:
– 18 years of age or older;
– Not employed by or related within third degree of affinity to any
candidate on ballot; and
– Not have served in election as representative for another applicant.
(§102.003)
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Late Voting – Disabled Voter
• Application Deadline:
–After last day of period for early
voting by personal appearance; but
–Before 5 p.m. on Election Day.
• Ballot Deadline:
–Before 7 p.m.
(§102.003)
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on
Texas Secretary of State Elections Division
Election
Day
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Late Voting – Disabled Voter
• Reviewing Application:
– Applicant's registration status is verified by the
early voting clerk in same manner as in early
voting by mail.
– Once verified, clerk provides ballot by mail to
voter’s representative, and marks representative’s
name and address on application.
– Voter’s representative shall deliver balloting
materials to disabled voter. (§102.004)
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Late Voting – Disabled Voter
• Marking and Processing Ballot:
– Voter shall mark and seal ballot in same manner as in voting by
mail, including signing back flap of carrier envelope. (§102.005)
– Marked ballot must be returned in its carrier envelope to early
voting clerk before 7:00 p.m. on election day by
same
representative who delivered ballot to voter. (§102.006)
– Clerk shall enter representative’s name and address on carrier
envelope, representative shall sign envelope. (§102.006)
– Ballot shall be processed along with other ballots by mail.
(§102.007)
– Clerk shall make entries on early voting roster and precinct early
voting list. (§102.008-102.009)
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Late Voting - Death in Family
•
•
•
•
•
Eligibility
Application Contents
Submitting Application
Deadline
Voting and Processing Ballot
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Late Voting - Death in Family
• Eligibility:
1. Voter is absent from county of residence on
Election Day due to death family member
(within 2nd degree by consanguinity or affinity).
2. The death occurs on or the day before the last
day of early voting. (§103.001)
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Late Voting - Death in Family
• Application Contents:
1. In the form of an affidavit;
2. Contents of an ABBM; and
3. Statement of relationship and date of
death of relative. (§103.002)
Tip: Please see SOS Form AW5-24.
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Late Voting - Death in Family
• Submitting Application:
– Must be made in person by voter to early voting
clerk at the main early voting location.
Note: If ballots by mail are being processed at another
location, the early voting clerk may require applications
be delivered there. (§103.003)
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Late Voting - Death in Family
• Deadline:
–After last day of period for early
voting by personal appearance; but
–Before close of business on day
before Election Day. (§103.003)
Note: Deadline is different from Chapter
102 for Disabled Voter.
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Late Voting - Death in Family
Voting and Processing Ballot:
1. Early voting clerk shall verify registration status, and, once
confirmed, provide ballot by mail to voter. (§103.004)
2. Voter shall mark and seal ballot as if voting by mail, but is
NOT required to complete certificate on carrier envelope.
3. Clerk shall note on envelope ballot voted under Chapter 103.
4. Early voting clerk shall process ballot along with other
ballots by mail.
5. Clerk will add entries to the early voting roster and precinct
early voting list. (§103.004-§103.006)
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Late Voting – Disabled Voter on
Election Day
•
•
•
•
•
Eligibility
Application Contents
Submitting Application
Deadline
Voting and Processing Ballot
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Late Voting – Disabled Voter on
Election Day
• Eligibility:
1. Voter is sick or disabled, which would prevent
accessing polling place in a regular manner.
2. Voter is qualified and their precinct conducts voting by
voting machine. (§104.001)
Note: “Regular manner” is without personal assistance or a
likelihood of injuring voter’s health.
Note: This Chapter allows voting at main early voting place by
voter with disabilities on Election Day - compared to Chapter
102 procedure for an emergency type of situation.
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Late Voting – Disabled Voter on
Election Day
• Application Contents:
1. In the form of an affidavit;
2. Contents of an ABBM; and
3. Statement that voter has not previously
voted in the election. (§104.002)
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Late Voting – Disabled Voter on
Election Day
• Submitting Application:
– Application must be submitted to early voting
clerk at main early voting location.
Note: If ballots by mail are being processed at another
location, the early voting clerk may require applications
be delivered there. (§104.004)
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Late Voting – Disabled Voter on
Election Day
• Deadline:
– Voting shall be conducted between 7 a.m. and 7
p.m. on Election Day. (§104.003)
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Late Voting – Disabled Voter on
Election Day
• Voting and Processing Ballot:
1. Early voting clerk shall verify registration status, and, once
confirmed, provide ballot by mail to voter. (§104.004)
2. Voter shall mark and seal ballot as if voting by mail, but is NOT
required to complete certificate on carrier envelope.
3. Clerk shall note on envelope ballot voted under Chapter 104.
4. Early voting clerk shall process ballot along with other ballots
by mail.
5. Clerk will add entry to the early voting roster. (§104.004§104.006)
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Voting from Combat Zone
• Chapter 105 provides that members of the
armed forces and their spouses may return a
ballot by facsimile if they are in an area that
has been designated as a combat zone or are
eligible for hostile fire pay. (§105.001)
• See Advisory 2012-19.
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Voting from Combat Zone
• Chapter 105 also provides for use of a Federal
Write-In Ballot (FWAB) for voters that are
eligible to submit an FPCA and have filed an
FPCA with the early voting clerk. (§105.002105.003)
• See Advisory 2012-19.
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Voting on Space Flight
• Eligible astronauts (registered Texas voters).
• Space flight on Election Day and during early
voting.
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Limited Ballot
• Who?
– Voter that changes residence to another county,
if:
1. Eligible in former county if they were still
there.
2. Still registered in former county.
3. Voter registration is not effective in new
county. (§112.002)
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Limited Ballot
• What?
– A ballot “restricted to the offices and
propositions…which a person is entitled to vote.”
(§112.001)
– Vote on:
• Statewide offices/measures
• Offices/measures for a “common” territorial unit in which
voter was resident before changing counties.
• In political subdivision elections, a full ballot if the entity’s
boundaries extend into two counties, and voter was and is a
resident of the same election precinct. (§112.003-112.004)
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Limited Ballot
• Where?
– Personal Appearance: Only the main early voting
polling place. (§112.006)
– By Mail: Submitted to early voting clerk serving
election precinct in which voter resides.
(§112.005)
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Limited Ballot
• When?
– During early voting period
appearance, or;
– By mail (if allowed under
(§112.002(a))
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personal
Chapter
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82).
Limited Ballot
• How?
– Execute affidavit that voter is eligible for limited
ballot, contains voter’s address, D.O.B., and date
of affidavit. (§112.002(c))
– Early voting clerk must attempt to verify that voter
does not have an effective registration in new
county, or a registration that will be effective on or
before election day. (§112.007)
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Voter Registration
• Limited voter application also acts as a voter
registration applicant in the new county.
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