In Person Voting Duties of Election JudgeEarly Voting

In Person Voting: Duties of Election Judge/Early Voting Clerks Tim Juro Election Law Seminar for Counties 2018 10/3/2020 Texas Secretary of State Elections Division 1

Agenda 1. 2. 3. 4. 5. Setup of Polling Place Security of Ballot Boxes Activities in Vicinity of Polling Place Procedures for Voting Closing Polling Place 10/3/2020 Texas Secretary of State Elections Division 2

Setup of Polling Place • Must arrange check-in table and voting booths, and list of registered voters (and/or e-pollbook). (62. 004) • Must post required notices/signs, e. g. sample ballot, acceptable ID poster, distance marker. These are listed in the handbook. • Must take/give oaths and prepare name tags. (62. 003, 61. 010, Texas Constitution Art. XVI, Sec. 1) • Polling place must be open from 7 a. m. to 7 p. m. (41. 031) 10/3/2020 Texas Secretary of State 3

Duties - Judges • What does a judge do? – Manage polling place; must be present all day. – Administer any oaths required • Including the constitutional oath – Complete and sign judge’s portion of provisional voter affidavit. – Sign off on other necessary forms such as Statement of Compensation and Oaths. – Designate working hours and assign duties for clerks. – May appoint special peace officers (required to be licensed as peace officers by Texas Commission on Law Enforcement), as needed, to preserve order. – Has power of district court judge while serving at polling place, including power to issue arrest warrants. (32. 071 -32. 075 ) 10/3/2020 Texas Secretary of State Elections Division 4

Preparing Ballots • Scanned/ Paper Ballots: – Early Voting: Early Voting Clerk must initial each ballot used at the polling place or a deputy must stamp a facsimile of the Clerk’s initials. (85. 0311) – Election Day: Presiding Judge must sign or stamp a facsimile of signature on the back of each ballot used at the polling place. (62. 008) • DREs: There is no requirement for a signature on these voting system ballots. • Texas-Specific Definition of a DRE System: – The printed cast vote record should contain the signature or initials on the back of the ballot. 10/3/2020 Texas Secretary of State 5

Preparing Ballots/Boxes/Equipment • First Day of Early Voting: – If using regular ballot box for hand counted ballots or centrally scanned ballots: Ballot boxes will be delivered pre-locked/pre-sealed. EV Judge will ensure that box is still locked/sealed before voting begins, and then remove seal to allow deposit of ballots. (85. 032, Ch. 127) – If using DRE: The equipment will be delivered securely and sealed. EV Judge will ensure the equipment is still properly sealed. Then the judge will remove the seals from the equipment to allow voting on the machines, and also print a tape showing zero votes have been cast. (Ch. 129/SOS Advisory) 10/3/2020 Texas Secretary of State 6

Preparing Ballots/Boxes/Equipment • Election Day: – If using regular ballot box for hand counted ballots: Judge will open ballot boxes to ensure they are empty, and then lock them to prepare them for voters to deposit their ballots. (62. 005) – If using a central scanner: Ballot boxes will be delivered pre-locked/presealed. EV Judge will ensure that box is still locked/sealed before voting begins, and then remove seal to allow deposit of ballots. (85. 032, Ch. 127) – If using precinct scanner: Scanner will be delivered pre-locked/pre-sealed. Judge will ensure the equipment is still properly locked/sealed. Then judge will remove the seal to allow deposit of ballots, and also print a tape showing zero votes have been cast. (Ch. 127/SOS Advisory) – If using DRE: The equipment will be delivered securely sealed. EV Judge will ensure the equipment is still properly sealed. Then the judge will remove the seals from the equipment, to allow voting on the machines, and also print a tape showing zero votes have been cast. (Ch. 129/SOS Advisory) 10/3/2020 Texas Secretary of State 7

Security During Early Voting • At the close of each day of early voting: – If using regular ballot box for hand counted ballots or centrally scanned ballots: At main location EV Judge shall seal the ballot box and securely store it for the evening. At branch locations, EV Judge shall either seal the ballot box and securely store it, or deliver to main location. (85. 032, 85. 071, Ch. 127) • On the next day, EV Judge shall ensure the ballot box is still securely sealed, or shall ensure that a pre-sealed/pre-locked ballot box has been delivered. Then EV Judge will unseal the ballot box. – If using DRE: EV Judge should print a report showing total number of ballots cast on the DRE. (This is not a results tape. ) The DRE must then be powered down, unplugged and secured for the evening. (Ch. 85/TAC Rule) • On the next day of early voting, the EV Judge shall ensure equipment is still properly sealed. Then the EV Judge will unseal the equipment, power it back on, and print a report to show the total number of ballots cast, and compare it to the report printed on the previous day. 10/3/2020 Texas Secretary of State 8

Security During Early Voting • On the last day of the early voting period: – If using regular ballot box for hand counted ballots or centrally scanned ballots: EV Judge shall seal the ballot box and deliver it to the Early Voting Clerk along with records. (Ch. 85) – If using DRE: EV Judge shall print a report showing total number of ballots cast on the DRE, and verify is matches number of voters on register. (This is not a results tape. ) The EV Judge shall then deliver media to the Early Voting Clerk along with records. (SOS Advisory) 10/3/2020 Texas Secretary of State 9

Security During Early Voting • At no point should EV Judge count EV in person ballots/ print results tapes!!! – EV Judge does not count EV in person ballots! • These ballots are counted by Early Voting Ballot Board or at Central Counting Station. • It is unlawful to release results of the election before polls close. (Note that poll watchers may be present during EV period and could see these results. ) 10/3/2020 Texas Secretary of State 10

Activities in Vicinity of Polling Place • • • Bystanders Electioneering and Loitering Written Materials Sound Devices Wireless/Recording Devices Exit Polling 10/3/2020 Texas Secretary of State 11

Bystanders • A person may not be in the polling place from the time the presiding judge arrives until the polls have closed and the judge has completed the returns/ballots prepared for delivery to CCS. It is a class C misdemeanor. • Exception: – Candidates (if voting or conducting official business within building, and not within view/hearing of voters and not engaged in campaign activity. ) (61. 001) 10/3/2020 Texas Secretary of State 12

Electioneering • Electioneering is advocating for or against a candidate, measure, party or issue. – Section 61. 003 provides that electioneering includes “the posting, use, or distribution of political signs or literature. ” • Electioneering within the protective legal boundary surrounding a polling place is a crime; it is a Class C misdemeanor. 10/3/2020 Texas Secretary of State 13

Electioneering • The required 100 foot distance markers surrounding polling places mark the legal boundaries against electioneering. 10/3/2020 Texas Secretary of State 14

Electioneering • The entity that owns or controls a public building being used as an election day or early voting polling place may not, at any time during the voting period, prohibit electioneering on the building's premises outside of the 100 -foor distance marker, but may enact reasonable regulations concerning the time, place, and manner of electioneering. – Example: electioneering may not be completely prohibited outside the 100 -foot distance from the entrance to a school building being used as a polling place. 10/3/2020 Texas Secretary of State 15

What is NOT electioneering? • Voter Assistance Materials (§ 61. 011) – Voters are permitted to bring written materials into the voting place to help them vote. • Election officials should periodically check the polling place and dispose of any such materials left behind. • Exit polling, if not disruptive. • Notices of party conventions (for primary election) 10/3/2020 Texas Secretary of State 16

What is NOT electioneering? • Name Tags Worn by Certain Officials (§§ 33. 051, 61. 010) – Election judges, clerks, state or federal inspectors, peace officers, and poll watchers must wear name tags or official badges while on duty to identify them. • Upon accepting a poll watcher for service, an election official will provide the poll watcher with an ID (prescribed by the SOS), which the poll watcher must wear while serving as a watcher. • No other person may wear a name tag or badge in the polling place. An offense is a Class C misdemeanor. 10/3/2020 Texas Secretary of State Elections Division 17

If electioneering is going on … • What if someone is electioneering? (§ 32. 075) – Presiding judge has responsibility to ensure safe, confidential voting at polling place. – Presiding judge may ask a disruptive person to leave. • If a voter, they must be given the opportunity to vote before removal from polling place. • What if they won’t stop? – The presiding judge may summon a peace officer. 10/3/2020 Texas Secretary of State Elections Division 18

Electioneering: Tips to Remember • Electioneering is permitted outside the 100 foot distance markers – Unless person is using a prohibited sound amplification device, such as a megaphone or speaker system, within 1, 000 feet of polling place. – Unless reasonably restricted on the premises of a public building – Presiding judge may not enforce outside of distance markers. 10/3/2020 Texas Secretary of State Elections Division 19

Sound Devices • A person may not operate a sound amplification device within 1, 000 feet of building that contains polling place, if being used to: – make a political speech, or – electioneer. (61. 004) 10/3/2020 Texas Secretary of State 20

Wireless/Recording Devices • Wireless communications devices or devices to record sound or images may not be used within 100 -feet of voting stations. – This includes cell phones, cameras, tablets, that can communicate wirelessly or take pictures. – Presiding election judge has authority to require persons to deactivate any such devices and to require persons who do not comply to leave the polling place. (§§ 61. 014, 62. 0111) 10/3/2020 Texas Secretary of State 21

Wireless/Recording Devices — Exception: Election officer conducting officer’s official duties; — Exception: Use of election equipment necessary for the conduct of the election. — Exception: Persons employed at the polling location while acting in course of person’s employment. — Exception: Persons using assistive technology devices. PJ has discretion on this type of use. • Poll watcher may not be accepted for service if poll watcher has possession of a device capable of recording images or sound unless poll watcher agrees to disable or deactivate the device. (§ 33. 051) • Media is also prohibited! (§ 61. 001) 10/3/2020 Texas Secretary of State 22

Exit Polling • EV Judge or ED judge may allow non-disruptive exit polling within the 100 -foot boundaries surrounding each early voting and election day polling place. – Must determine that such exit polling does not constitute either (1) “loitering” in violation of Section 61. 003(a) of the Code or (2) a disruption of order or a contribution to a breach of the peace at the early voting or election day polling place. (61. 003(a), 32. 075, 81. 002) 10/3/2020 Texas Secretary of State 23

Procedures • • • Persons Allowed in Polling Place Qualifying Voters Provisional Ballots Cancelling Mail Ballot Assistance Curbside Voting Interpreting Emergency Ballot Procedures Complaints 10/3/2020 Texas Secretary of State 24

Persons Allowed in Polling Place • Voters (63. 001) • Election Workers (including voting system technicians) (Ch. 32, 125. 010) • Minors if with parent/guardian or voting in student election (64. 002, 276. 007) • Assistants (including Interpreters) (61. 032, 64. 009, U. S. D. C. W. D. Tex. Civ. Action No. 1: 15 -cv-00679 -RP (Docket Nos. 60, 66)) • Pollwatchers (33. 052) • State and Federal Inspectors (34. 004, VRA) • County Chair (in primary election only) (172. 113) • Law Enforcement (if requested by Judge) (32. 075) 10/3/2020 Texas Secretary of State 25

Qualifying Voters 1. Voter Meets Identification Requirements 2. Voter is Located on List of Registered Voters 3. Have You Moved? 4. Check-in Voter 5. Voter Signs Combination and Accepts Applicable Affidavits 6. Voter Casts Ballot 10/3/2020 Texas Secretary of State 26

Step 1 A: Voter Identification • The voter should be asked whether the voter possesses one of the acceptable forms of photo ID on “List A” that is either current or not expired more than four years. – If the voter says “yes”, the voter is required to present that form of photo ID. – NOTE: If a voter has continued access to their acceptable form of photo ID, but, for example, forgets to bring their acceptable form of photo ID to the polling place and/or left it, for example, at home or in their car, the voter still possesses the acceptable photo ID and must use it to vote. If the voter informs you that they possess an acceptable form of photo ID, but did not bring it to the polling place, e. g. they left it at home, the voter has two options: • The voter may leave the polling place and return with their acceptable form of photo ID before polls close, or; • The voter may vote a provisional ballot and bring the acceptable form of photo ID to the voter registrar within 6 days of the election date to cure their ballot, or complete a natural disaster affidavit because the voter’s acceptable form of photo ID is inaccessible due to certain natural disasters. 10/3/2020 Texas Secretary of State Elections Division 27

Step 1 A: Voter Identification (Cont’d) – If the voter says “no”, the voter does not possess one of the acceptable forms of photo ID on “List A”, ask the voter if he or she cannot reasonably obtain one of the acceptable forms of photo ID on “List A. ” If the voter indicates “yes”, you must inform the voter that he or she can present a supporting form of ID on “List B” and complete a “Reasonable Impediment Declaration. ” If the voter presents a supporting form of ID and completes the Declaration, the voter will then complete their check-in, and proceed to the voting booth to cast a regular ballot. • If the voter cannot reasonably obtain one of the acceptable forms of photo ID on “List A”, and did not bring a supporting form of ID on “List B” to the polling place, the voter may return to the polling place with a supporting form of ID on “List B” before the polls close, and execute a Reasonable Impediment Declaration and vote then, or the voter may vote a provisional ballot and bring an acceptable form of photo ID on “List A” to, or qualify for one of the exemptions to presenting an acceptable form of photo ID (disability, natural disaster, or religious objection to being photographed) with, the voter registrar within 6 days to cure their ballot. 10/3/2020 Texas Secretary of State 28

Acceptable Photo ID- “List A” There are 7 forms of acceptable photo IDs on “List A”: – Texas Driver License issued by the Texas Department of Public Safety (“DPS”); – Texas Election Identification Certificate (“EIC”) issued by DPS; – Texas Personal Identification Card issued by DPS; – Texas License to Carry a Handgun issued by DPS (including Concealed Handgun Licenses); – United States Military Identification Card containing the person’s photograph (multiple forms; acceptable forms must be federal, military, and contain a photo); – United States Citizenship Certificate (including Certificate of Naturalization) containing the person’s photograph; – United States Passport (book or card version is acceptable). A voter can use any form of acceptable photo ID on “List A” Sample images of acceptable photo IDs from “List A” are online at: http: //www. sos. state. tx. us/elections/forms/id/acceptable-forms-of-ID. pdf. 10/3/2020 Texas Secretary of State Elections Division 29

Expiration Date of “List A” IDs • • • The identification must be current or have expired no more than 4 years before being presented for voter qualification at the polling place. This is different from the previous 60 day expiration period. A voter aged 70 or older may use any “List A” ID, no matter for how long it has been expired (including if it is expired for more than 4 years); the 4 year limit will continue to apply, however, for voters aged 18 -69 There are some forms of acceptable identification that do NOT expire and are current at the time of voting, including: – Certificates of Citizenship/Naturalization; – Uniformed Services IDs (Military) (may be marked “INDEF” or not contain any expiration date); – Veterans Affairs IDs (Military) (may be marked “INDEF” or not contain any expiration date); – Certain Texas ID cards for persons aged 60 or older (may be marked “INDEF”), and Texas EICs for persons aged 70 or older. • NOTE: A voter who does not possess an acceptable form of photo ID from “List A” includes a voter who does not possess a valid acceptable form of photo ID. Accordingly, a voter with a lost, stolen, suspended, or past the 4 year limit (if applicable) “List A” ID does not possess one of the acceptable forms of photo ID, and the voter could qualify for the Reasonable Impediment Declaration procedure if the voter cannot reasonably obtain a replacement of the “List A” ID that was lost, stolen, suspended, revoked, expired, or another form of “List A” ID. [See Slide 34 for a list of reasonable impediments. ] 10/3/2020 Texas Secretary of State Elections Division 30

Supporting Forms of ID- “List B” • If the voter does not possess an ID from “List A, ” and the voter cannot reasonably obtain an ID from “List A”, they may present one of the following forms of ID and execute the “Reasonable Impediment Declaration”: 1. 2. 3. 4. 5. 6. 10/3/2020 a copy or original of a government document (issued by the federal government, a federally recognized tribal government, or a state or local government in the United States) that shows the name and an address (the address does not have to match the voter’s registration address) of the voter, including the voter's voter registration certificate; A copy or original of a current (dated within 2 months of presentation) utility bill A copy or original of a bank statement; A copy or original of a government check; A copy or original of a paycheck; or A copy or originals of (a) certified domestic (from Texas, another U. S. state or territory) birth certificates, as well as (b) documents confirming birth admissible in a court of law and establish the person's identity (which may include foreign birth documents) will be accepted in this category. ) Texas Secretary of State Elections Division 31

Other Government Documents on “List B” • Examples Include: – Driver’s licenses from other states – ID cards issued by federally recognized Native American tribes (if the ID card contains an address) – DPS Receipts (without a photo) – Expired voter registration certificates – Expired Texas DPS-issued driver licenses or personal ID cards (over 4 years for voters aged 18 -69). • Examples DO NOT Include: – Social Security Cards (no address) – State College IDs (if no address) – State/Federal Employee ID Cards (if no address) – Library Cards (if no address) 10/3/2020 Texas Secretary of State 32

Reasonable Impediment Declaration • The voter must indicate one of the following impediments: 1. Lack of transportation 2. Lack of birth certificate or other documents needed to obtain acceptable photo ID 3. Work schedule 4. Lost or stolen photo ID 5. Disability or illness 6. Family responsibilities 7. Photo ID applied for but not received 10/3/2020 Texas Secretary of State 33

Reasonable Impediment Declaration • You may not question or challenge the voter regarding their lack of, and their being reasonably unable to obtain, List A ID. – • You may not question the reasonableness of the voter’s reasonable impediment or difficulty or the truth of the declaration. – – • For example, if the voter checks “lack of transportation”, the election officer may not challenge the voter’s access to a bus route or other means of transportation, or how the voter came to the polling place. A signed reasonable impediment declaration shall be rejected only upon conclusive evidence that the person completing the declaration is not the person in whose name the ballot is cast. The election officer should not make a copy of the voter’s “List B” identification. The election officer should not write down other information relating to a voter’s “List B” identification on the Reasonable Impediment Declaration form, such as the state, driver license number, or expiration date of an out-of-state driver license number, a bank account number or the name of a bank, or a voter’s date of birth. – • If the voter states that they do not possess and cannot reasonably obtain an acceptable ID from “List A, ” the election officer may not question the voter as to why. The election officer must explain their right to complete the Reasonable Impediment Declaration and show a supporting form of ID from “List B. ” If there is not a line on the form for something to be written, the election officer should not write anything. After completing the reasonable impediment declaration, the worker must affix the voter’s VUID to the declaration and note on the combo form that the declaration was used by the voter. 10/3/2020 Texas Secretary of State 34

Common FAQs Q: Does the voter still have to provide their voter registration certificate? A: No. Voter registration certificates are not required to identify voters. They may, however, be used as a form of “List B” identification for those voters who do not possess and cannot reasonably obtain a form of “List A” identification. In addition, if a voter has applied for and received a permanent exemption to presenting identification, and if the voter provides a voter registration certificate with an (E) notation, the voter will not need to present a form of “List A” identification or qualify for the Reasonable Impediment Declaration procedure in order to vote. 10/3/2020 Texas Secretary of State Elections Division 35

Common FAQs Q: What if a voter does not possess one of the seven forms of “List A” acceptable photo ID? A: The voter should be asked if they cannot reasonably obtain an acceptable form of ID on “List A. ” • If the voter indicates “yes”, the voter cannot reasonably obtain a “List A” ID, the election officer must inform the voter that he or she can present a “List B” ID and complete a “Reasonable Impediment Declaration. ” If the voter presents a “List B” ID and completes the Declaration, the voter will then complete check-in, and may cast a regular ballot. If the voter does not present a form of “List B” ID , and does not return later with a “List B” ID to vote and fill out the Declaration at that time, the voter may cast a provisional ballot. • If a voter indicates “no”, that instead the voter can reasonably obtain a form of “List A” ID, and does not return later to the polling place with a form of “List A” ID to vote, the voter may cast a provisional ballot. • In order to have these provisional ballots counted, the voter must visit the voter registrar’s office within six days of the date of the election to either present a “List A” ID, or qualify for an exemption: – – 10/3/2020 Voters with a disability may apply with the county voter registrar for a permanent exemption. Those who obtain a disability exemption will be allowed to vote by presenting a voter registration certificate reflecting the exemption (containing an (E)). Voters who have a consistent religious objection to being photographed and voters who do not present any form of acceptable photo identification as a result of certain natural disasters, may vote a provisional ballot, appear at the voter registrar’s office within six (6) calendar days after election day, and sign an affidavit swearing to the religious objection or natural disaster. Texas Secretary of State Elections Division 36

Common FAQs Q: Does the voter’s name on the list of registered voters need to match exactly to the “List A” or, if applicable, “List B” ID provided? A: No. Voters’ names, as they appear on their IDs and the list of registered voters, do not have to be identical or exact matches to vote. If a voter’s name is not identical, but is “substantially similar, ” the voter will need to initial the similar name affidavit, and then proceed as usual to vote a regular ballot. Voters do not need to show additional documentation if their names are identical or substantially similar. NOTE: Voters who present “List A” identification with a substantially similar name to that on the list possess “List A” identification and thus do not qualify for Reasonable Impediment Declarations. 10/3/2020 Texas Secretary of State 37

Common FAQs Q: What if a voter possesses one of the 7 forms of acceptable photo ID on “List A”, but forgot it at home? A: If the voter informs you that the voter possesses an acceptable form of photo ID, but did not bring it to the polling place, the voter may either return to the polling place with their acceptable photo ID or vote a provisional ballot and bring the acceptable form of photo ID to the voter registrar within 6 days of the date of the election to cure their ballot. 10/3/2020 Texas Secretary of State Elections Division 38

Common FAQs Q: Does the address on a voter’s “List A”, or, if applicable, “List B”, ID need to match their voter registration address? A: No. You should not compare the address on any ID (List A or List B) to the address on the list of registered voters. You are only required to confirm with the voter that the address on the list of registered voters is correct; this allows the voter registrar to update their registration records. (§ 63. 0011) 10/3/2020 Texas Secretary of State Elections Division 39

The Address on the Voter’s Identification does NOT have to match the voter’s registration address! 10/3/2020 Texas Secretary of State 40

An election officer MAY NOT refuse to accept a voter’s documentation because the addresses do not match! Doing so is in violation of the law! 10/3/2020 Texas Secretary of State 41

Step 2: List of Registered Voters • Locate the voter’s name on the List of Registered Voters, and: 1. Confirm registration status; 2. Confirm name is the same or “substantially similar” 3. Look for early voting status (“early” or "voted" notation); 4. Check for suspense list status (“s” notation). 10/3/2020 Texas Secretary of State Elections Division 42

Confirming Registration Status • If voter appears on list of registered voters, election worker should move to the next step. • If voter the voter does not appear on the List of Registered Voters, one of the following situations may apply: 1. Incorrect Certificate, Appearing at Correct Precinct 2. Correct Certificate, Erroneously Omitted from List 3. No Certificate, Not On List 10/3/2020 Texas Secretary of State 43

Incorrect Certificate - § 63. 006 • In this case, the voter has appeared at the correct precinct according to their address, but was erroneously placed into the incorrect precinct during the registration process. They provide a registration certificate and identification (including List B + Reasonable Impediment Declaration, if applicable) at the polling place. • Example: Voter lives within the boundaries of Precinct 1, but their registration certificate states they are in Precinct 2. They are appearing at Precinct 1 to vote. • How to Handle? 1. 2. 3. 10/3/2020 Once the election worker checks-in the voter and adds their name to the combination form, they should mark the box labeled “Not On List – 63. 006” on the combination form. The voter should review, and accept Voter’s Affidavit by initialing correct box. The voter’s name shall be added to the Registration Omissions List. Texas Secretary of State Elections Division 44

Correct Certificate - § 63. 006 • In this case, the voter is properly registered in the precinct, but they were erroneously left off the List of Registered Voters. They provide a registration certificate and identification (including List B + Reasonable Impediment Declaration, if applicable) at the polling place. • Example: Voter is registered in Precinct 1, they appear at the polling place and meet identification requirements, and present a registration certificate that notes Precinct 1, but they are not on the list. • How to Handle? 1. 2. 10/3/2020 Once the election worker checks-in the voter and adds their name to the combination form, they should mark the box labeled “Not On List – 63. 006” on the combination form. The voter’s name shall be added to the Registration Omissions List. Texas Secretary of State Elections Division 45

No Certificate, Not On List - § 63. 009 • In this case, the voter is not on the list, they may or may not meet identification requirements, and do not have a registration certificate. • How to Handle? 1. Once the election worker checks-in the voter and adds their name to the combination form, they should mark the box labeled “Provisional – 63. 011” on the combination form. 2. Voter will be offered a provisional ballot. 10/3/2020 Texas Secretary of State Elections Division 46

Contacting Voter Registrar • Election judges and clerks may contact the voter registrar when a voter comes into the polling place, but his/her name is not on the list of registered voters for the precinct, to determine if the voter is registered in another precinct. • The judge or clerk should direct the voter to the correct precinct if appropriate. • A voter who has not updated his registration information and who insists on voting in the “wrong” precinct must vote provisionally; the ballot will not be counted. 10/3/2020 Texas Secretary of State Elections Division 47

Name Matches • Election workers will need to fully compare the voter’s name listed on the List of Registered Voters to the name listed on the form of identification presented by the voter. 10/3/2020 Texas Secretary of State Elections Division 48

Names are Identical • If the voter’s name on the List of Registered Voters is identical to the name on the ID, the voter will proceed as usual. 10/3/2020 Texas Secretary of State Elections Division 49

What are Substantially Similar Names • Names that are different on the list and the ID presented due to: 1. Initial, Middle Name or Former Name 2. Different Field 3. Slightly Different 4. Customary Variation For example, Categories (1) and (2) include individuals whose names have been changed or hyphenated due to marriage or divorce. Category (3) includes misspellings. 10/3/2020 Texas Secretary of State Elections Division 50

Totality of the Circumstances • Use all information on an ID and the List of Registered Voters to assist in the determination of whether a name is “substantially similar” to assist the voter. For example, if applicable to the ID, use the listed: – Address – Date of Birth – Photograph 10/3/2020 Texas Secretary of State Elections Division 51

Processing the Voter • Voters with identical matches, proceed as usual. • Voters with a substantially similar name will need to initial the affidavit on combination form, and then proceed to cast a regular ballot. • NOTE: Voters who present “List A” identification with a substantially similar name to that on the List of Registered Voters possess “List A” identification and thus do not qualify for the Reasonable Impediment Declaration procedure. 10/3/2020 Texas Secretary of State Elections Division 52

“Voted” Notation • If “voted” appears next to the person’s name on the List of Registered Voters, that signifies they voted early. – If the voter has their by-mail ballot or a notice of improper delivery, the voter may cancel their application for a ballot by mail and vote a regular ballot – If the voter cannot cancel, the voter should be offered a provisional ballot. 10/3/2020 Texas Secretary of State 53

“S” Notation • If the voter has a “S” notation next to their name, please proceed to Step 3 for proper procedures. 10/3/2020 Texas Secretary of State 54

Step 3: Have You Moved? • Clerks must ask EVERY voter if they still live at the address shown on the List of Registered Voters. • There is no “correct” form of this question – “Is this still your correct address? ” – “Are you still at 123 Texas Drive? ” 10/3/2020 Texas Secretary of State Elections Division 55

Suspense Voters = “S” Notation A voter must complete a Statement of Residence (“SOR”) if there is an "S" notation next to voter's name on the list of registered voters. NOTE: The voter may only vote a regular ballot if the address the voter lists on the SOR is still within the same county and within the boundaries of the political subdivision holding the election. Limited Ballot procedures apply only during EV. 10/3/2020 Texas Secretary of State Elections Division 56

Voter States they Moved If the voter has moved, they need to complete a Statement of Residence form showing their new address. 10/3/2020 Texas Secretary of State 57

Common FAQs Q: Does a voter’s address on their ID have to match the address listed on the List of Registered Voters? A: No. However, a voter’s address can be used to help verify a voter’s identity in the case of determining whethere is a “substantially similar” name. 10/3/2020 Texas Secretary of State Elections Division 58

Residency Issues • Voter Moved to Another Precinct • Voter Moved Into This Precinct • Voter Moved Into the County 10/3/2020 Texas Secretary of State Elections Division 59

Voter Moved to Another Precinct – Voting in Old Precinct If the voter is returning here, to their old precinct, to vote although s/he moved to another precinct, follow these steps to qualify the voter: 1. Ask the voter to complete and sign a Statement of Residence. 2. Check-In Voter on List of Registered Voters/EPoll. Book. NOTE: The voter must reside within the same political subdivision to vote. 10/3/2020 Texas Secretary of State Elections Division 60

Voter Moved Into This Precinct Voting in New Precinct If the voter has moved from another precinct from within the county, but has not updated their registration and shows up to vote, follow these steps to qualify the voter: 1. Verify that the voter's name is not on the List of Registered Voters. 2. If they have valid registration certificate, confirm that they are not registered to vote in this precinct. You may confirm this by phone with the Voter Registrar. 3. Direct the voter to his/her previous precinct. 4. If the voter insists on voting in this precinct, s/he may vote with a Provisional Ballot. NOTE: The voter must reside within the same political subdivision to vote 10/3/2020 Texas Secretary of State Elections Division 61

Voter Moved Into the County If the voter has moved to this county from another county and shows up to vote here, in his/her new precinct: • A voter may not vote here unless s/he is registered in the new county of residence. • The Election Judge may determine that the voter may cast a Limited Ballot (only permitted during the early voting period). • If the voter insists on voting in this precinct, s/he may vote with a Provisional Ballot. 10/3/2020 Texas Secretary of State Elections Division 62

Step 4: Check-In Voter 10/3/2020 Texas Secretary of State Elections Division 63

Step 5: Voter Signs Combination Form and Accepts Applicable Affidavits • Please ask the voter to sign their name in the appropriate location. • If the voter needs to accept either or both the Voter’s Affidavit or Similar Name Affidavit, please ask the voter to initial in the appropriate location. 10/3/2020 Texas Secretary of State Elections Division 64

Step 6: Voter Casts Ballot 10/3/2020 Texas Secretary of State Elections Division 65

Provisional Voting When would someone vote provisionally? Some examples: • Voter does not possess one of the 7 forms of acceptable photo IDs on “List A”, can reasonably obtain one, does not have an (E) notation on voter’s voter registration certificate, and does not return to the polling place with a “List A” ID to vote at that time. • Voter does not possess one of the 7 forms of acceptable photo IDs on “List A”, cannot reasonably obtain one, does not have an (E) notation on voter’s voter registration certificate, and does not have, or does not bring a “List B” ID to the polling place and does not return with one to vote and sign the Declaration at that time. • Voter possesses one of the 7 forms of acceptable photo IDs on “List A”, but did not bring it to the polling place, and does not return to the polling place with a “List A” ID to vote at that time. • Voter who does not have a “List A” ID due to a religious objection to being photographed or does not present their acceptable form of photo ID due to a natural disaster declared by the U. S. President or Texas Governor. • Voter whose name on the form of “List A”, or if applicable, “List B”, ID is determined by the election officer to not exactly match or be substantially similar to the name on the List of Registered Voters. • A voter whose identity cannot be verified by the identification presented. • A voter who has received a disability exemption but does not have or otherwise fails to present the voter’s voter registration certificate with a (E) notation. • Voter is not on the list of registered voters for the precinct and does not present a voter registration certificate indicating the voter is currently registered. • Voter is not on list of registered voters for the precinct, and is registered in another precinct. • Voter is on list of people that voted early by mail, but voter has not cancelled mail ballot application. • Voter votes after 7: 00 pm due to a court order extending hours. • Voter on list of registered voters, but residence address is outside the political subdivision. 10/3/2020 Texas Secretary of State Elections Division 66

Any voter that requests a provisional ballot should be given one. NO voter should ever be refused a provisional ballot! 10/3/2020 Texas Secretary of State Elections Division 67

Provisional Voting Procedures What to do? (1 T. A. C. § 81. 173) – Inform the voter of their right to cast a provisional ballot. – If ID-related, advise the voter of the 6 day cure period. If not ID-related, complete identification procedures. – Advise the voter that in order to have ballot counted, voter must be voting in their correct precinct. – Have the voter complete the Provisional Voter Affidavit Envelope prior to voting provisionally. – If the voter indicates they are registered, the election officer must ask the voter if the voter registered at DPS. If the voter states they did register at DPS, the election officer must ask the voter for the approximate date the voter went to DPS. The election officer must then note that the voter went to DPS, and, if the voter knows, the approximate date the voter went to DPS, on the Provisional Ballot Envelope in the “Other” line. – Election officer will check “yes” or “no” as to whether voter met ID requirements. – Election officer will complete the remainder of their portion of provisional ballot. 10/3/2020 Texas Secretary of State Elections Division 68

Provisional Voting Procedures What to do (con't)? – Election officer signs Provisional ballot. – Election officer adds the voter’s name on the List of Provisional Voters form, indicates whether the voter met identification requirements, and marks the voter as “provisional” on the poll list or combination form. – Provisional voter signs the regular signature roster or combination form. – Election officer provides voter with Notice to Provisional Voter. For ID-related provisional ballots, this is the Notice to Provisional Voter (ID Voter) form; for non. ID-related provisional ballots, this is the Notice to Provisional Voter form. – Provisional voter casts ballot on paper or optical scan ballot, or on DRE voting machine. Election officer informs provisional voter of procedures to follow, which depend on the method of casting ballot. 10/3/2020 Texas Secretary of State Elections Division 69

Provisional Voting Procedures • Notice to Provisional Voter (ID Voter) includes: – A Description of the Acceptable Photo IDs from “List A”. – The procedure for curing not meeting ID requirements. • Presenting acceptable photo ID from “List A” to the VR. • Executing affidavit for temporary exemption. • Applying for a disability exemption. – A map of the location(s) to cure not meeting ID requirements. – Information relating to the process for determining and reporting whether the voter’s ballot will be counted. – A place for the voter’s name, VUID, and precinct polling place where provisional ballot was voted. 10/3/2020 Texas Secretary of State Elections Division 70

Provisional Voting Procedures • Provisional Voting due to Note Meeting ID Requirements – There is a “cure period” for voters who voted provisionally because (1) they did not possess one of “List A” IDs, and either (a) could reasonably obtain one (and did not obtain one and return to the polling place and vote), or (b) could not reasonably obtain one but did not present a supporting form of ID from “List B” (or return to the polling place to do so, complete the Declaration, and vote) and (c) did not have an (E) notation on their voter registration certificate; or (2) possess one of the “List A” IDs but did not bring it to the polling place (or return to the polling place to do so and vote). – Cure period = day the voter casts provisional ballot through the 6 th day after the election. (extended due to weekend or holiday). – The “cure period” does not affect provisional voting at the polling place. 10/3/2020 Texas Secretary of State Elections Division 71

Provisional Voting Procedures • During the “cure period, ” voter may: – Present to VR one of 7 forms of identification on “List A” for examination. A voter may not present supporting identification from “List B” and fill out a Reasonable Impediment Declaration at this time. – Execute in the presence of VR an affidavit stating: • voter has a religious objection to being photographed; or • voter does not have any identification meeting the requirements of Section 63. 001(b) as a result of a natural disaster that occurred not earlier than 45 days before the date the ballot was cast. – Apply for and receive a permanent disability exemption for the county the voter is registered in. 10/3/2020 Texas Secretary of State Elections Division 72

Cancelling Mail Ballot on Election Day 2 options for a voter who has been mailed a ballot who attempts to vote in person on election day 1. If they have their ballot 2. If they do not have their ballot This procedure is different during early voting 10/3/2020 Texas Secretary of State Elections Division 73

Scenario 1: Voter has ballot • If the voter arrives at the polling place on election day with their mail ballot: – Execute affidavit “A” from form AW 5 -17 – Voter returns mail ballot to election worker • This is a cancellation of that mail ballot – Voter votes a regular ballot 10/3/2020 Texas Secretary of State Elections Division 74

Scenario 2: Voter does not have ballot • If the voter arrives at the polling place on election day without their mail ballot: – Does the voter have a notice that their mail ballot was improperly returned? • If yes, voter votes a regular ballot • If no, voter votes provisionally 10/3/2020 Texas Secretary of State Elections Division 75

Scenario 3: Voter returns ballot to EV Clerk • If a voter arrives at the early voting clerk’s location on election day, they can submit their mail ballot – Must meet identification requirements (same procedure as at a polling place) – Can only submit THEIR ballot– can not hand in ballots for others – Voter’s name is placed on list – Returned ballot is kept with other mail ballots This does not cancel their mail ballot, it is simply another method of delivery 10/3/2020 Texas Secretary of State Elections Division 76

Assistance • Who is eligible for assistance? – Any voter who is physically unable to mark the ballot. – Any voter who cannot read the languages on the ballot. – Any voter who cannot speak English, or communicates only with sign language, and wants assistance in communicating with election officials (33. 057, 64. 031, 64. 032, Docket Nos. 60, 66) 10/3/2020 Texas Secretary of State 77

Assistance • What types of assistance are allowed? – Reading the ballot to the voter. – Directing the voter to read the ballot. – Marking the voter’s ballot as directed by the voter. – Directing the voter to mark the ballot. – Serving as an interpreter (must also fill out a separate oath) 10/3/2020 Texas Secretary of State 78

Assistance • Who is eligible to assist a voter? – Any person that the voter chooses. – Except: the voter’s employer, an agent of their employer, or an officer or agent of the voter’s union. – This includes candidates! 10/3/2020 Texas Secretary of State 79

Assistance • Person can provide assistance regardless of: – The fact that they have assisted someone else. – Their residence. – Their citizenship. – Their voter registration status. – Their age. 10/3/2020 Texas Secretary of State 80

Assistance • What if the voter doesn’t choose the assistant? – Election workers may assist a voter. – Two workers must assist together. (One worker may assist during early voting. ) 10/3/2020 Texas Secretary of State 81

Assistance • Who else can be there? – If the voter chooses their assistant, no one else may be present. – If election workers are assisting a voter, poll watchers may be present to observe. 10/3/2020 Texas Secretary of State 82

Assistance • What else does an assistant need to do? – Take the Oath of Assistance. • The oath has been modified to include a statement that the assistant is not the voter’s employer or an agent thereof or an officer or agent of a labor union to which the voter belongs. – Name and address must be entered next to voter’s name on poll list. 10/3/2020 Texas Secretary of State 83

Assistance – Election official must ask voter if voter wants entire ballot read to him/her, and if so, must instruct assistant to do so. – Must NOT mark ballot in any way other than how the voter indicates he/she wants the ballot marked. Offense is a Class A misdemeanor. 10/3/2020 Texas Secretary of State 84

Election Officials - Assistance • Two election officials may assist a voter. (One during early voting. ) • Entire ballot must be read to voter unless voter states that they only want to hear certain offices or measures. • Election officials must also take Oath of Assistance, though only need to take oath once. • (§ 33. 057, 34. 002(b), 64. 032, 64. 033) 10/3/2020 Texas Secretary of State 85

Election Officials - Assistance • Election workers’ names are not entered next to voter’s name on poll list. • Poll watcher and inspectors may observe assistance when provided by election officials. 10/3/2020 Texas Secretary of State 86

Interpreting • An interpreter is also an assistant – Interpreters are now also assistants – If an assistant is also serving as an interpreter, the person is BOTH an interpreter and an assistant, and must take Oath of Interpreter and the Oath of Assistance. – (61. 035, Docket Nos. 60, 66) 10/3/2020 Texas Secretary of State 87

Notice of Voting Order Preference • An election judge may, on the voter’s request, allow a voter with mobility problems to skip the line – This is not automatic, and is permissive for the judge and voter – Notice of this will be posted in each polling place – Individual assisting voter with mobility problems may be accepted to vote concurrently with voter 10/3/2020 Texas Secretary of State 88

Curbside Voting • What is curbside voting? – If voter is unable to enter a polling place without assistance or likelihood of injury, he/she may be assisted “curbside. ” (64. 009) 10/3/2020 Texas Secretary of State 89

Curbside Voting – One election official may deliver a ballot to voter at the entrance to the polling place. • If using a DRE system, the official will deliver the DRE unit to voter rather than a ballot. • Curbside voting during early voting is to be conducted in the same manner as on election day. 10/3/2020 Texas Secretary of State 90

Curbside Voting • Poll watchers and inspectors may observe curbside voting. • Once voter has marked ballot, election official deposits ballot in ballot box. 10/3/2020 Texas Secretary of State 91

Curbside Voting – At voter’s request, person accompanying voter must be able to select voter’s ballot and deposit in ballot box. – If curbside voter also requires assistance with his/her ballot, may use assistant of his/her choice, or may be assisted by two election officials (one during early voting). 10/3/2020 Texas Secretary of State 92

Emergency Ballot Procedures — Emergency Ballots are used when: — There are not enough ballots remaining — Some technical difficulty or issue prevents voting system from operating correctly 10/3/2020 Texas Secretary of State Elections Division 93

Emergency Ballot Procedures — Contact CEO and have additional ballots delivered — Keep count of the polling place, and make the call before you run out of ballots — If you do run out of ballots…. — Duplicate an unmarked ballot for use by voters (if possible) — Obscure ballot serial number on subsequent ballots — Indicate number of ballots duplicated on ballot register — Presiding judge needs to number and sign the back of emergency ballots — What form the ballot takes will depend on the number of voters and the situation in the polling place 10/3/2020 Texas Secretary of State Elections Division 94

Complaints • Try to address the voter’s concern – Remember, it is up to the presiding judge to control the polling place • Options for voters: – – Complaint letter to SOS 2 affidavits alleging criminal conduct to local CA/DA Election Contest Texas Ethics Commission (if campaign related) Not every election issue is criminal! 10/3/2020 Texas Secretary of State 95

Complaints • What if the complaint is about a judge? – Judges can now be removed under certain circumstances • Step One: Judge is given an oral warning • Step Two: If judge behavior continues, the CEO, with concurrence of the party chair that the judge is affiliated with, may be removed, replaced or reassigned – This should be a last resort 10/3/2020 Texas Secretary of State 96

Closing Polls • All voters in line by 7 p. m. will be allowed to vote. • After last voter has voted, must close polls: – Complete Precinct Returns, if counting at polling place. – Prepare for delivery to Central Counting Station, if ballots are to be counted at CCS. – Prepare precinct records (Envelopes No. 1, etc. ) 10/3/2020 Texas Secretary of State 97

Thanks for your attention! Questions? elections@sos. texas. gov 10/3/2020 Texas Secretary of State Elections Division 98