Branch Early Voting Abril Davila Staff Attorney Elections

Branch Early Voting Abril Davila, Staff Attorney Elections Division - Texas Secretary of State 33 rd Annual Election Seminar | 2015 11/27/2020 Texas Secretary of State Elections Division 1

Agenda Chapter 85 – Subchapter C: • Types of Early Voting Branches – Permanent – Temporary • Voters Served by Branch Locations • Notice to Voters • Election Records 11/27/2020 Texas Secretary of State Elections Division 2

Note on HB 2027 • Sections 42. 002 and 42. 0621 of the Code, as amended by HB 2027 (84 th-Reg) provide that districts created under Section 52, Article III or Section 59, Article XVI of the Texas Constitution and located in a county or adjacent to a county of more than 3. 3 million people must use county election precincts for an election held on a uniform election date. • Therefore, all political subdivisions holding an election on the November uniform date must use county election precincts. – Some exceptions for May. 11/27/2020 Texas Secretary of State Elections Division 3

HB 2027 Exceptions for May Uniform • Requirement to use county election precincts does not apply to the May uniform date if: – a political subdivision conducts early voting by personal appearance at 75 percent or more of its permanent or temporary branch locations on the same days and during the same hours as conducted at the main early voting place, and conducts early voting at each remaining permanent or temporary branch locations for at least eight hours on two consecutive days, or; – a political subdivision has not established a permanent or temporary branch early voting location. 11/27/2020 Texas Secretary of State Elections Division 4

Types of Early Voting Locations In elections for which the county clerk/elections administrator is the early voting clerk in a countywide election, permanent and/or temporary branches will exist for early voting: • Permanent Branches: Located in County Clerk’s permanent branch offices. (§ 85. 061) • Temporary Branches: May be established by Commissioner’s Court in the County. (§ 85. 062) 11/27/2020 Texas Secretary of State Elections Division 5

Permanent Branches • Days and Hours: These polling locations keep the hours and days as the main early voting polling place. (§ 85. 063) 11/27/2020 Texas Secretary of State Elections Division 6

Permanent Branches • Exception to Use of Permanent Braches: – Commissioners Court may establish a temporary branch polling location to be used instead of a permanent branch location. – Must be done by order, resolution or other official action. (§ 85. 051(b)) 11/27/2020 Texas Secretary of State Elections Division 7

Temporary Branches Counties Under 100, 000 All Elections Counties 100, 000400, 000+ Counties 100, 000 -400, 000+ May Uniform Date November General Election (State and County Officers) November Uniform Date March Primary Election Special Elections for Vacancy in Congress or Legislature Counties follow General Rules for these elections. 11/27/2020 Counties with Populations Between 100, 000 and 400, 000+ have Special Rules under § 85. 062(d). Texas Secretary of State Elections Division 8

Temporary Branches – General Rule • Entity may establish one or more. • Established by: – If County Clerk = Early Voting Clerk → Commissioners Court. (§ 85. 062(a)(1)) – If other person (e. g. City Secretary) = Early Voting Clerk → Governing Body of Political Subdivision. (§ 85. 062(a)(2)) 11/27/2020 Texas Secretary of State Elections Division 9

Temporary Branches – General Rule • Location: 1. In territory served by Early Voting Clerk, and; 2. In a stationary structure. (§ 85. 062(b)) MUST be “fixed at one place” for duration of period voting is required to be conducted. (§ 85. 062(c)) 11/27/2020 Texas Secretary of State Elections Division 10

Temporary Branches – Section 85. 062(d) • Used for counties with populations between 100, 000 – 400, 000 or more. • Used only in primary election, general election for state and county officers, or special election to fill a vacancy in Congress or Legislature. (§ 85. 062(d)) 11/27/2020 Texas Secretary of State Elections Division 11

Temporary Branches – Sec. 85. 062(d) County Population 400, 000+ Who? Commissioners Court How Many? One or more Where? Each state representative district containing territory in election. If special for Texas Senate or Congress – in those districts. 120, 000400, 000 Commissioners Court One or more Each commissioners precinct containing territory in election. 100, 000120, 000 Commissioners Court One or more 15 registered voters of a commissioner precinct may petition for temporary branch. 11/27/2020 Texas Secretary of State Elections Division 12

Days and Hours - Counties 100, 000+ (§ 85. 064) Temporary Location Days Hours Saturday/Sunday General Temporary Polling Places -“One or more days” during EV period. -Determined by establishing authority. -Hours during EV period. -May be ordered upon -Determined by receipt of petition by 15 establishing authority. registered voters of territory covering election. (§ 85. 006) 85. 062(d) Temporary Polling Places Same as main early voting location. -Establishing authority determines. -If petition by 15 registered voters in county, hours are the same as main early voting location. 11/27/2020 Texas Secretary of State Elections Division -EV Clerk must order 12 hours on last Saturday and at least 5 hours on last Sunday. (§ 85. 006(e)) 13

Days and Hours - Counties -100, 000 (§ 85. 065) Temporary Branch All locations Days -Any one or more days during EV period. -Determined by establishing authority. Hours -Any hours during the EV period. -Determined by establishing authority. Saturday/Sunday -On receipt of a petition from 15+ registered voters. NOTE: Schedules are not required to be uniform throughout the temporary branch polling places. 11/27/2020 Texas Secretary of State Elections Division 14

Temporary Branches – Special Rule • Location: 1. “Stationary Structure” in territory served by early voting clerk, or; 2. “Moveable Structure” if approved by the County Clerk. (§ 85. 062(b) and § 85. 062(e)) NOTE: If a movable temporary polling place is established on the request of a political party, each other political party whose nominee for governor in the most recent gubernatorial general election received more than 10% of the total number of votes received by all candidates for governor in the election is entitled to establishment of such a polling place. (§ 85. 062(e)) 11/27/2020 Texas Secretary of State Elections Division 15

Branch Polling Places Remember: In a countywide election the total number of permanent and temporary locations open for voting at the same time in a commissioners precinct may not exceed twice the number of permanent branch and temporary branch polling places open at that time in another commissioners precinct. (§ 85. 062(f)) 11/27/2020 Texas Secretary of State Elections Division 16

Voters Served by Branch Locations • Any voter can vote at any branch early voting location! NOTE: There is an exception for Harris County in a countywide election and Harris, Dallas, Bexar, Tarrant and Travis counties in a primary election. (§ 85. 066) 11/27/2020 Texas Secretary of State Elections Division 17

Notice of Branch Early Voting • When? 5 days before early voting by personal appearance begins. • Where? Bulletin board used for posting notices of meetings of the governing body. • What? Notice must contain: 1. The location of each branch polling place and the election precincts served by each branch. 2. The dates and hours temporary branch voting will be conducted. (§ 85. 067) 3. Saturday and Sunday hours can be posted in a separate notice. (§ 85. 068) 11/27/2020 Texas Secretary of State Elections Division 18

Amending Notice of Branch Early Voting • Amending the bulletin board notice: – May be amended after the 5 th day before early voting begins to include notice of additional temporary branch. – Notice of the amendment must be posted no later than the 5 th day before voting will begin at the additional temporary branch. (§ 85. 067) 11/27/2020 Texas Secretary of State Elections Division 19

Election Records - Applications • Early voting applications (combination forms and poll lists) must be submitted by 1 p. m. the day following the date the application was submitted. (§ 85. 070) 11/27/2020 Texas Secretary of State Elections Division 20

Election Records – Paper Ballots • Two options for a branch location: 1. May retain voted ballots at branch location in locked room that is accessible only to election officials, or; 2. May be delivered by election officers or law enforcement officers to the main early polling place at the end of each day’s voting. (§ 85. 071) 11/27/2020 Texas Secretary of State Elections Division 21

Election Records – Branch Daily Register • Branch daily register (functionally, this is the combination form/poll list) must be kept for each branch. – Must show name, address, VR number, and precinct number for each voter who voted at the branch that day. – Must be delivered to early voting clerk at the end of each day. – Must be preserved for period retaining election records. – Copy must be kept at branch location. (§ 85. 072) 11/27/2020 Texas Secretary of State Elections Division 22

Ballot Security Procedures if using the same ballot box for different branch locations: 1. Start new forms at each branch location, or; 2. Clearly show the different locations by continuing to use the same forms but making a line or other notation across the form to denote when voting begins and ends at each branch location. Two options for ballot boxes and forms (except daily register) to reflect the different branches: 1. Ballot box “inactivated” when voting is completed at the branch location, or; 2. Use one box for mobile voting locations, but clearly distinguish branches on documents. 11/27/2020 Texas Secretary of State Elections Division 23

Electioneering • Electioneering is prohibited during the time an early voting polling place is open for the conduct of early voting within 100 feet of any outside door through which a voter may enter the building. • Persons who are not expressly permitted to be in the polling place are excluded to the extent practicable. This includes bystanders and candidates in the election. 11/27/2020 Texas Secretary of State Elections Division 24

HB 2027 Exceptions for May Uniform • If Just 1 Main EV Voting Place NOT APPLICABLE • If Main EV Voting Place + 1 Temporary Branch SAME HOURS AS MAIN • If Main EV Voting Place + 2 Temporary Branches SAME HOURS AS MAIN • If Main EV Voting Place + 3 Temporary Branches SAME HOURS AS MAIN 11/27/2020 Texas Secretary of State Elections Division 25

HB 2027 Exceptions for May Uniform • If Main EV Voting Place + 4 Temporary Branches Can Change Hours of 1 EV Branch – If: EV Held for Two Consecutive Days for 8 Hours; Then: On Third Day Branch Can Have Different Hours From Main • If Main EV Voting Place + 5 Temporary Branches Can Change Hours of 1 EV Branch – If: EV Held for Two Consecutive Days for 8 Hours; Then: On Third Day Branch Can Have Different Hours From Main 11/27/2020 Texas Secretary of State Elections Division 26

HB 2027 Exceptions for May Uniform • If Main EV Voting Place + 6 Temporary Branches Can Change Hours of 1 EV Branch – If: EV Held for Two Consecutive Days for 8 Hours; Then: On Third Day Branch Can Have Different Hours From Main • If Main EV Voting Place + 7 Temporary Branches Can Change Hours of 1 EV Branch – If: EV Held for Two Consecutive Days for 8 Hours; Then: On Third Day Branch Can Have Different Hours From Main 11/27/2020 Texas Secretary of State Elections Division 27

HB 2027 Exceptions for May Uniform • If Main EV Voting Place + 8 Temporary Branches Can Change Hours of 2 EV Branches – If: EV Held for Two Consecutive Days for 8 Hours; Then: On Third Day Branches Can Have Different Hours From Main *Remember that this only applies if your intention is to NOT use county election precincts on election day in May uniform elections. 11/27/2020 Texas Secretary of State Elections Division 28