In Person Voting Duties of Election JudgeEarly Voting
- Slides: 101
In Person Voting: Duties of Election Judge/Early Voting Clerk Tim Juro Election Law Seminar for Counties 2016 10/26/2020 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 10/26/2020 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) • Polling place must be open from 7 a. m. to 7 p. m. (41. 031) 10/26/2020 Texas Secretary of State 3
Duties - Judges • What does a judge do? – Manage polling place; must be present all day. – Administer any oaths required. – 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 ) 10/26/2020 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. 10/26/2020 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 precinct scanner: Scanner will be delivered pre-locked/presealed. EV 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. (85. 032/Ch. 127/SOS Advisory) – 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) 10/26/2020 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) 10/26/2020 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 precinct scanner/DRE: EV Judge should print a report showing total number of ballots cast on the scanner/DRE. (This is not a results tape. ) The scanner 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. 10/26/2020 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 precinct scanner/DRE: EV Judge shall print a report showing total number of ballots cast on the scanner/DRE, and verify is matches number of voters on register. (This is not a results tape. ) The EV Judge shall then deliver media/ballots to the Early Voting Clerk along with records. (SOS Advisory) 10/26/2020 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. ) 10/26/2020 Texas Secretary of State 10
Activities in Vicinity of Polling Place • • • Bystanders Electioneering and Loitering Written Materials Sound Devices Wireless/Recording Devices Exit Polling 10/26/2020 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) 10/26/2020 Texas Secretary of State 12
Electioneering • Electioneering is advocating for or against a candidate, measure, party or issue within the protective legal boundary surrounding a polling place. – Section 61. 003 provides that electioneering includes “the posting, use, or distribution of political signs or literature. ” • Electioneering is a crime; it is a Class C misdemeanor. 10/26/2020 Texas Secretary of State 13
Electioneering • The required 100 foot distance markers surrounding polling places mark the legal boundaries against electioneering. 10/26/2020 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. 10/26/2020 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. 10/26/2020 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. 10/26/2020 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. 10/26/2020 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. 10/26/2020 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) 10/26/2020 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) 10/26/2020 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. • 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) 10/26/2020 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) 10/26/2020 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 10/26/2020 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) • Interpreters and Assistants (61. 032, 64. 009) • 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) 10/26/2020 Texas Secretary of State 25
Qualifying Voters 1. Voter Provides Acceptable Form Identification 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 10/26/2020 Texas Secretary of State 26
Step 1: Voter Identification • Elections worker should ask each voter to present identification. 10/26/2020 Texas Secretary of State Elections Division 27
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. – 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. – If the voter says “no”, 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. 10/26/2020 Texas Secretary of State Elections Division 28
Acceptable Photo ID- List “A” There are 7 forms of acceptable Photo ID on list “A”: – Texas driver license issued by the Texas Department of Public Safety (DPS) – Texas Election Identification Certificate issued by DPS – Texas personal identification card issued by DPS – Texas concealed handgun license issued by DPS – United States military identification card containing the person’s photograph – United States citizenship certificate containing the person’s photograph – United States passport A voter can use any form of acceptable ID Images of acceptable IDs may be found on our website. 10/26/2020 Texas Secretary of State Elections Division 29
ID Must be Valid- UPDATE • The identification must be current or have expired no more than 4 years before being presented for voter qualification at the polling place. • NOTE: There are some forms of acceptable identification that do NOT expire and are current at the time of voting: – Certificates of Citizenship/Naturalization – Uniformed Services IDs (Military) – Veterans Affairs IDs (Military) – EICs for voters 70 years of age or older 10/26/2020 Texas Secretary of State Elections Division 30
Supporting Forms of ID- List “B” • If the voter does not possess and 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. 7. 10/26/2020 valid voter registration certificate; certified birth certificate; copy of or original current utility bill; copy of or original bank statement; copy of or original government check; copy of or original paycheck; or copy of or original of other government document with voter’s name and an address (original required if it contains a photograph) Texas Secretary of State Elections Division 31
Reasonable Impediment Declaration • The voter must indicate one of the following impediments: 1. 2. 3. 4. 5. 6. 7. 8. 10/26/2020 Lack of transportation Disability or illness Lack of birth certificate or other documents needed to obtain photo ID Work schedule Family responsibilities Lost or stolen photo ID Photo ID applied for but not received Other reasonable impediment (the voter must provide a description) Texas Secretary of State 32
Reasonable Impediment Declaration • You may not question or challenge the voter regarding their lack of List A ID. – If the voter states that they do not possess and cannot reasonably obtain an acceptable ID from “List A, ” the election should not question the voter as to why, the election officer should explain their right to complete the Reasonable Impediment Declaration and show a supporting form ID from “List B. ” • 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”, you may not challenge the voter’s access to a bus route or other means of transportation. • 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. 10/26/2020 Texas Secretary of State 33
Common FAQs Q: Does the voter still have to provide their voter registration certificate? A: No. The voter only needs to provide a form of identification. Most commonly, this will be a Texas Driver’s License. 10/26/2020 Texas Secretary of State Elections Division 34
Common FAQs Q: What if a voter does not have one of the seven forms of ID or registration certificate with an (E)? A: The voter should be asked if they cannot reasonably obtain an acceptable form of 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. 10/26/2020 Texas Secretary of State Elections Division 35
Common FAQs Q: What if a voter has one of the 7 forms of acceptable photo ID, 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 to cure their ballot. 10/26/2020 Texas Secretary of State Elections Division 36
Common FAQs Q: Does the address on a voter’s supporting identification (list “B”) 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. (§ 63. 0011) 10/26/2020 Texas Secretary of State Elections Division 37
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). 10/26/2020 Texas Secretary of State Elections Division 38
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 10/26/2020 Texas Secretary of State 39
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) 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. 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. 10/26/2020 Texas Secretary of State Elections Division 40
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) at the polling place. • Example: Voter is registered in Precinct 1, they appear at the polling place with an acceptable ID, and a registration certificate that notes Precinct 1, but they are not on the list. • How to Handle? 1. 2. 10/26/2020 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 41
No Certificate, Not On List - § 63. 009 • In this case, the voter is not on the list, they may or may not have identification, 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. 10/26/2020 Texas Secretary of State Elections Division 42
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. 10/26/2020 Texas Secretary of State Elections Division 43
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. 10/26/2020 Texas Secretary of State Elections Division 44
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. 10/26/2020 Texas Secretary of State Elections Division 45
What are Substantially Similar Names • Names that are: 1. Slightly Different: 2. Customary Variation 3. Initial, Middle Name or Former Name 4. Different Field 10/26/2020 Texas Secretary of State Elections Division 46
Totality of the Circumstances • Use all information on ID and the List of Registered Voters to assist in the determination: – Address – Date of Birth – Photograph 10/26/2020 Texas Secretary of State Elections Division 47
Processing the Voter • Voters with identical matches, proceed as usual. • Voters with similar name will need to initial the affidavit on combination form, and then proceed to cast a regular ballot. 10/26/2020 Texas Secretary of State Elections Division 48
“Voted” Notation • If “voted” appears next to the persons name on the List of Registered Voters, that signifies they voted early. • This voter should be offered a provisional ballot. 10/26/2020 Texas Secretary of State 49
“S” Notation • If the voter has a “S” notation next to their name, please proceed to Step 3 for proper procedures. 10/26/2020 Texas Secretary of State 50
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? ” 10/26/2020 Texas Secretary of State Elections Division 51
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. 10/26/2020 Texas Secretary of State Elections Division 52
Voter States they Moved If the voter has moved, they need to complete a Statement of Residence form showing their new address. 10/26/2020 Texas Secretary of State 53
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. 10/26/2020 Texas Secretary of State Elections Division 54
The address on a voter’s ID does NOT have to match their voter registration address! 10/26/2020 Texas Secretary of State Elections Division 55
Residency Issues • Voter Moved to Another Precinct • Voter Moved Into This Precinct • Voter Moved Into the County 10/26/2020 Texas Secretary of State Elections Division 56
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. 10/26/2020 Texas Secretary of State Elections Division 57
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 10/26/2020 Texas Secretary of State Elections Division 58
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. 10/26/2020 Texas Secretary of State Elections Division 59
Step 4: Check-In Voter 10/26/2020 Texas Secretary of State Elections Division 60
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. 10/26/2020 Texas Secretary of State Elections Division 61
Step 6: Voter Casts Ballot 10/26/2020 Texas Secretary of State Elections Division 62
Provisional Voting When does someone vote provisionally? • Voter does not possess 1 of 7 forms of acceptable photo ID, and can reasonably obtain one; or voter does not possess 1 of the 7, cannot reasonably obtain one and doesn’t have a form of supporting identification. • Voter has possesses an acceptable photo ID but does not have the ID with them at the polling place. • Voter does not have acceptable photo ID due to religious objection to being photographed or due to natural disaster declared by Governor or President. • Voter whose name on ID is not an exact match or not substantially similar. 10/26/2020 Texas Secretary of State Elections Division 63
Provisional Voting • Voter who has received a disability exemption under 13. 002, but does not have registration certificate with (E). • Voter whose identification cannot be verified through photo identification presented by the voter. • Voter is not on the list of registered voters. • Voter is not on list of registered voters, is registered in another precinct. • Voter 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. 10/26/2020 Texas Secretary of State 64
Any voter that requests a provisional ballot should be given one. NO voter should ever be refused a provisional ballot! 10/26/2020 Texas Secretary of State Elections Division 65
Provisional Voting Procedures What to do? (1 T. A. C. § 81. 173) – Inform the voter of their right to cast a provisional ballot. – 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. – Election judge will check “yes” or “no” as to whether voter presented ID. – Election judge will complete the Election Judge’s portion of provisional ballot. 10/26/2020 Texas Secretary of State Elections Division 66
Provisional Voting Procedures What to do (con't)? – Election Judge signs Provisional ballot. – Election judge adds the voter’s name on the List of Provisional Voters form and marks the voter as “provisional” on the combination form. – Provisional voter signs the combination form. – Election judge provides voter with Notice to Provisional Voter. – Provisional voter casts ballot. 10/26/2020 Texas Secretary of State Elections Division 67
Provisional Voting Procedures • Notice to Provisional Voter for ID contains: – List of the 7 acceptable forms of IDs and available exemptions. – The procedure for curing lack of acceptable ID. • Presenting ID to the VR. • Executing affidavit for temporary exemption. • Applying for a disability exemption. – A map of the location(s) to cure lack of ID. – A statement that if all procedures are followed and voter is found to be eligible, voter’s provisional ballot will be accepted. – A place for the voter’s name, VUID, and precinct polling place where provisional ballot was voted. 10/26/2020 Texas Secretary of State Elections Division 68
Provisional Voting Procedures • Provisional Voting due to Lack of Acceptable ID – There is a “cure period” for voters that did not present an acceptable form of identification. – 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. 10/26/2020 Texas Secretary of State Elections Division 69
Provisional Voting Procedures • During the “cure period, ” voter may: – Present to VR one of 7 forms of identification described by Section 63. 0101 for examination. – 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. 10/26/2020 Texas Secretary of State Elections Division 70
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 10/26/2020 Texas Secretary of State Elections Division 71
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 10/26/2020 Texas Secretary of State Elections Division 72
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 10/26/2020 Texas Secretary of State Elections Division 73
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 provide photo ID – 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 10/26/2020 Texas Secretary of State Elections Division 74
Example Polling Place • Located at Sample Elementary School – Sample County, Precinct 101 • Today is election day, July 1, 2016 10/26/2020 Texas Secretary of State 75
Scenario 1 Texas Driver License Freddie King 40 Hideaway St Sample, Texas 71234 EXP DATE 6 -25 -16 Appears on list as: Fred King 15 Blues Drive Sample, Texas 71234 Date of Birth: 9/3/1934 Voter votes a regular ballot 10/26/2020 Texas Secretary of State 76
Scenario 2 Texas Driver License John Sam Hopkins 40 Hideaway St Sample, Texas 71234 EXP DATE 9 -18 -19 Date of Birth: 3/15/1912 Appears on list as: John Hopkins 15 Blues Drive Test City, Texas 71357 All of Test City is located in Sample County, but in precinct 102 Voter cannot vote a regular ballot at this precinct. Should be directed to precinct 102. 10/26/2020 Texas Secretary of State 77
Scenario 3 Texas Driver License Lemon H Jefferson 18 Black Horse Ln Sample, Texas 71233 EXP DATE 10 -8 -17 Date of Birth: 9/24/1893 Appears on list as: Lemon Henry Jefferson 18 Black Horse Ln Sample, Texas 71233 Noted that he was sent a mail ballot What happens if he: Has his ballot? Does not have his ballot? 10/26/2020 Texas Secretary of State 78
Scenario 4 Appears on list as: Aaron T Walker 1227 Stormy Monday Dr Sample, Texas 71234 Does not have a form of ID Voter should execute a reasonable impediment declaration, and vote a regular ballot 10/26/2020 Texas Secretary of State 79
Scenario 5 Texas Driver License Huddie W Ledbetter 2714 Titanic Cv Sample, Texas 71233 EXP DATE 2 -19 -19 10/26/2020 Date of Birth: 1/20/1888 Appears on list as: Huddie Ledbetter 2714 Titanic Cv Sample, Texas 71233 But when asked, indicates that he lives at: 2281 Midnight Blvd Sample, Texas 71232 Texas Secretary of State 80
Assistance • Who is eligible for assistance? – Any voter who is physically unable to mark the ballot. – Any voter who cannot read the ballot due to visual or other impairment. (33. 057, 64. 031, 64. 032) 10/26/2020 Texas Secretary of State 81
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. – Directing the voter to mark the ballot. 10/26/2020 Texas Secretary of State 82
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! 10/26/2020 Texas Secretary of State 83
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. 10/26/2020 Texas Secretary of State 84
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. ) 10/26/2020 Texas Secretary of State 85
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. 10/26/2020 Texas Secretary of State 86
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. 10/26/2020 Texas Secretary of State 87
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. 10/26/2020 Texas Secretary of State 88
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) 10/26/2020 Texas Secretary of State 89
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. 10/26/2020 Texas Secretary of State 90
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) 10/26/2020 Texas Secretary of State 91
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. 10/26/2020 Texas Secretary of State 92
Curbside Voting • Poll watchers and inspectors may observe curbside voting. • Once voter has marked ballot, election official deposits ballot in ballot box. 10/26/2020 Texas Secretary of State 93
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. 10/26/2020 Texas Secretary of State 94
Interpreting- UPDATE • An interpreter may also assist a voter – Interpreters must now meet the same requirements as an assistant • Change as a result of an August 12, 2016 Court Order – Remember: Unless voter needs the interpreter to read the ballot because voter cannot read the language in which the ballot is printed OR unless voter is eligible for assistance, the interpreter’s job ends when voter gets his/her ballot or media card. – If the above is the case, the interpreter/assistant will need to treated as BOTH an interpreter and an assistant. (61. 032, 61. 033, 61. 035) 10/26/2020 Texas Secretary of State 95
Interpreting • Interpreter must take Oath of Interpreter. (Must also take Oath of Assistance, if also assisting voter who cannot read due to a visual impairment or otherwise is eligible for assistance. ) 10/26/2020 Texas Secretary of State 96
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 10/26/2020 Texas Secretary of State Elections Division 97
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 10/26/2020 Texas Secretary of State Elections Division 98
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! 10/26/2020 Texas Secretary of State 99
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. ) 10/26/2020 Texas Secretary of State 100
Thanks for your attention! Questions? 10/26/2020 Texas Secretary of State Elections Division 101
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