May vs November Ashley Fischer 28 th Annual

May vs. November Ashley Fischer 28 th Annual Election Law Seminar for Cities, Schools and Other Political Subdivisions November - December 2016 10/18/2021 Texas Secretary of State Elections Division 1

Agenda • • Changing Date of Election Time for Ordering Election Filing Deadlines Contracting with the County Precincts and Polling Places Early Voting Period Counting Votes and Canvassing 10/18/2021 Texas Secretary of State 2

Changing Date of Election Q: Can an entity change their election date from May to November? A: Yes. Per S. B. 733 a political subdivision other than a county or municipal utility district may change their date of election to the November uniform election date until December 31, 2016. 10/18/2021 Texas Secretary of State 3

Issues to Consider • Cities: Home-rule cities might need charter election. • School Districts: Mandatory joint election rules (especially if annual elections) • Water Districts (Many): Section 49. 103 rule May of an even-numbered year • Hospital Districts (General Law): Health and Safety Code restricts to May • Special Law Districts: Does special law restrict the date? 10/18/2021 Texas Secretary of State 4

49. 103 – Water Code Sec. 49. 103. TERMS OF OFFICE OF DIRECTORS. (b) After confirmation of a district, an election shall be held on the uniform election date, provided by Section 41. 001, Election Code, in May of each even-numbered year to elect the appropriate number of directors. 10/18/2021 Texas Secretary of State 5

286. 042 – Health & Safety Code Sec. 286. 042. DIRECTOR'S ELECTION. (a) The initial directors shall be elected at an election to be held on the first Saturday in May following the creation of the district. (e) After the initial election of directors, an election shall be held on the first Saturday in May each year to elect the appropriate number of successor directors for two-year terms. 10/18/2021 Texas Secretary of State 6

Time for Ordering Election Deadline May Even/Odd Uniform Election Date 78 th Day Before Election November Even General/Uniform Election Date 78 th Day Before Election • NEW LAW: S. B. 1703 – all elections must be ordered on or before the 78 th day before election day. • Bond Elections must be ordered according to these deadlines. • Tax Ratification Elections can be ordered on a non-uniform date, depending on the situation. • Elections for Special Districts, e. g. creation, abolishment, etc. are generally required to be held on uniform dates, but there are exceptions. 10/18/2021 Texas Secretary of State 7

FAQ Q: If I am a special district, e. g. water district, hospital district, etc. , how can I determine if I am required to hold an election on a uniform date? A: We recommend that you speak with your entity’s counsel, if you have one. Also, you may call our office, but we recommend looking for any enacting legislation before calling to help us assist. Many districts’ special laws have been codified to the Special District Laws Code. 10/18/2021 Texas Secretary of State 8

Time for Ordering – Special Elections • Special Election to Fill a Vacancy: If a city is required to hold a special election to fill a vacancy, and the election is required to be held within 120 days of the vacancy, the city must order the election on a uniform date if one falls within the 120 day window. 10/18/2021 Texas Secretary of State 9

FAQ Q: How do I know if I need to have an election to fill a vacancy? A: Call us! We are happy to help, and we recommend determining what type of city you are, i. e. Type A, Type B, Type C or home-rule, as discussed yesterday in the vacancy presentation. 10/18/2021 Texas Secretary of State 10

Time for Ordering – Vacancy Special Election Held on November Odd or May Even/Odd • NEW LAW: Per S. B. 1703 election must be ordered by 46 th day before the uniform date. Filing deadline will depend on when election is ordered. • Example for vacancy that occurs after January 6, 2017 (120 day window): Election Ordered By… Filing Deadline Uniform Election Date February 25, 2017 (70 th day) March 6, 2017 (5 p. m. ) May 6, 2017 March 21, 2017 (46 th day) March 27, 2017 (5 p. m. ) May 6, 2017 10/18/2021 Texas Secretary of State 11

Time for Ordering – Vacancy Special Election Held on November Even • Under 201. 051, must be ordered by 78 th day before the election – just like any other election to be held on the general election date. The filing deadline is the 75 th day before the election. • Example for vacancy that occurs after July 10, 2017 (120 day window): Election Ordered By… Filing Deadline Uniform Election Date August 21, 2017 (78 th day) August 24, 2017 (5 p. m. ) November 7, 2017 10/18/2021 Texas Secretary of State 12

Filing Deadlines • NEW LAW: S. B. 1703 amended the filing deadlines/withdrawal deadline to be uniform. Election Filing Deadline Withdrawal Deadline May Even/Odd Uniform Election Date 78 st Day Before Election 71 st Day Before Election November Even General/Uniform Election Date 78 th Day Before Election 71 st Day Before Election 10/18/2021 Texas Secretary of State 13

Filing Deadlines – Write-Ins • NEW LAW: S. B. 1703 amended the filing deadline for write-in candidates to be uniform for all elections and political subdivisions. Election Deadline May Even/Odd Uniform Election Date 74 th Day Before Election November Even General/Uniform Election Date 74 th Day Before Election 10/18/2021 Texas Secretary of State 14

Contracting with the County • In all elections held on a uniform date, you may contract with county. • BUT, in May of even-numbered years, a county with an elections administrator has no duty to contract. (41. 001(d)) 10/18/2021 Texas Secretary of State 15

Precincts and Polling Places • The locations of your polling places for an election will depend on: – When you are holding the election. – If you are required to hold a joint election, or have executed a joint election agreement. – If you have contracted with the county. – If your political subdivision is in a county that uses countywide polling locations. 10/18/2021 Texas Secretary of State 16

County Election Precincts • The county’s commissioners court will establish county election precincts according to Chapter 42 of the Election Code. • The County Clerk will recommend locations for election day polling places within each county election precinct, with approval of the commissioners court. (43. 002) 10/18/2021 Texas Secretary of State 17

November - Precincts • NEW LAW: All political subdivisions holding an election on the November uniform date MUST use county election precincts. – There is no longer an exception for districts created under Section 52, Art. III or Section 59, Art. XVI and located in Harris County (county with a population of 3. 3 million) or adjacent to Harris County are not required to use county election precincts. (H. B. 2027) 10/18/2021 Texas Secretary of State 18

November – Polling Places Situation Election Day Early Voting No Contract or Joint Election Agreement County’s Polling Places in Your Territory (42. 002(a) and 43. 004(b)) Must share at least one early voting location used by the county and within your political subdivision. If the main early voting location is selected, must keep the same hours as main early voting location. (85. 010) Contract for Election Services with County’s Polling Places in Your Territory (42. 002(a) and 43. 004(b)) May establish early voting locations separate from the county, or within contract/joint election agreement may opt for county’s early voting locations. Contract or Joint Election Agreement with County Using Countywide Polling Places County’s Countywide Polling Places (42. 002(a) and 43. 007) May establish early voting locations separate from the county, or within contract/joint election agreement may opt for the county’s early voting locations. Joint Election Agreement with County or Other Entity County’s Polling Places in Your Territory (42. 002(a) and 43. 004(b)) 10/18/2021 May establish early voting locations separate from the county, or within contract/joint election agreement, opt for county’s early voting locations. 19 Texas Secretary of State

Requirements under § 85. 010: • City of Longhorn must share the main EV location or polling place “D. ” • City of Aggie must share EV location “B. ” • Horned Toad I. S. D. must share main EV location or polling place “A” or “D” or “E. ” • Bears I. S. D. must share polling place “B” or “C. ” • Roadrunner M. U. D. must share polling place “D. ” • ALL may establish additional early voting locations as needed. City of Longhorn Horned Toad ISD 10/18/2021 § 85. 010 County of Texas A B County Main EV Location E = County Early Voting Locations C D Roadrunner M. U. D. Bears ISD City of Aggie Texas Secretary of State 20

May – Precincts • NEW LAW: H. B. 2027 requires that all political subdivisions use county election precincts for elections held on the May uniform date (even or odd), EXCEPT when: Exceptions Exception #1 75% or more of temporary branch locations conduct EV on same days/hours as main early voting polling place AND remaining temporary branch locations conduct EV on at least 2 consecutive days and at least 8 hours on each day. Exception #2 10/18/2021 Political subdivision does not establish any temporary branch locations, i. e. only has main early voting location. Texas Secretary of State 21

Exceptions • If you meet one of the two exceptions, your political subdivision may establish precincts/polling places before each election, and once established, remain until changed. – NOTE: If your entity changes boundaries or boundaries of election districts, you must notify your county’s voter registrar and provide a map of new boundaries. 10/18/2021 Texas Secretary of State 22

H. B. 2027 • Example: City of Longhorn ONLY establishes main early voting polling place. Result: County of Texas City of Longhorn meets Exception #2, and may establish their own election day precincts/ polling places. City of Longhorn’s Main Early Voting Polling Place 10/18/2021 Texas Secretary of State 23

H. B. 2027 • Example: Bears ISD establishes main EV polling place and 2 temporary branch locations. County of Texas Hours: Main EV: 8: 00 a. m. – 5: 00 p. m. Branch 1: 8: 00 a. m. – 4: 00 p. m. Branch 2: 8: 00 a. m. – 5: 00 p. m. Branch 1 Bears ISD Branch 2 Main EV 10/18/2021 Texas Secretary of State Result: Bears ISD must use county polling places because both branch locations must have the same hours as Main EV. 75% of 2 = 1. 5. Since, we can’t have ½ a polling place, both locations must meet same hours as Main EV. 24

H. B. 2027 • Example: Bears ISD establishes main EV polling place and 2 temporary branch locations. County of Texas Hours: Main EV: 8: 00 a. m. – 5: 00 p. m. Branch 1: 8: 00 a. m. – 5: 00 p. m. Branch 2: 8: 00 a. m. – 5: 00 p. m. Branch 1 Bears ISD Branch 2 Result: Bears ISD meets Exception #1 and may establish their own election day precincts/polling places. Main EV 10/18/2021 Texas Secretary of State 25

H. B. 2027 • Example: Bears ISD establishes main EV polling place and 4 temporary branch locations. County of Texas Hours: Main EV: 8: 00 a. m. – 5: 00 p. m. Branch 1: 8: 00 a. m. – 5: 00 p. m. Branch 2: 8: 00 a. m. – 5: 00 p. m. Branch 3: 8: 00 a. m. – 5: 00 p. m. Branch 4: 8: 00 a. m. – 6: 00 p. m. Branch 1 Bears ISD Branch 2 Branch 3 Main EV Branch 4 10/18/2021 Texas Secretary of State Result: Bears ISD meets Exception #1 and may establish their own election day precincts/polling places. 75% of 4 = 3 26

H. B. 2027 • Branch 4: Must conduct EV at least two consecutive days at one location for at least 8 hours on each of those days. • Which schedule is okay? Branch 4 Schedule A Monday Tuesday 8: 00 – 6: 00 Library Schedule B 8: 00 – 6: 00 10/18/2021 Library Wednesday 8: 00 – 12: 00 Thursday Friday 8: 00 – 5: 00 School 8: 00 – 5: 00 Texas Secretary of School State Library School 8: 00 – 12: 00 27 School

H. B. 2027 • Schedule B is correct. 10/18/2021 Texas Secretary of State 28

H. B. 2027 • In a joint election, if early voting is conducted jointly, the number of locations and hours of the locations established under the joint election agreement will determine if an exception applies. • This is the same for a contract for election services. 10/18/2021 Texas Secretary of State 29

REMEMBER! • Before establishing or changing any precincts or polling places (and any other changes in election standards, practices or procedures) think about compliance with federal and state law!!! • Review federal Voting Rights Act, Americans with Disabilities Act, and similar state law. Speak to your entity’s attorney. 10/18/2021 Texas Secretary of State Elections Division 30

Joint Election – “Common” Polling Places • SHOULD NOT have one common polling place serving multiple precincts – often happens when precincts maps are overlapped. School Precincts 1 Common Polling Place for Precincts 1 and 3 2 3 1 2 4 City Precincts 1 10/18/2021 Common Polling Place for Precincts 2 and 4 2 Texas Secretary of State 31

Joint Election – “Common” Polling Places • Instead should establish precinct line, and then use different ballot styles for election territories. Common Polling Place for Precinct 1 – will have different ballot styles available for voters-those that reside in school district will get a school ballot and city ballot, those living outside school district, only get city ballot. 10/18/2021 Precinct 2 Texas Secretary of State Common Polling Place for Precinct 2 – Same concepthave different ballot style for voters to get correct ballot based on residence. 32

Joint Election – “Common” Polling Places • A polling place may be established outside of the boundary/election precinct if location will “adequately and conveniently” serve the voters. (271. 003(b)). 10/18/2021 Texas Secretary of State 33

Runoff Elections • There are no specific requirements for what polling places to use in a runoff election, but narrow territory to runoff area, e. g. Trustee Place 1 or Council Place 2. However, we recommend using the same polling places used in the initial election to avoid voter confusion. • If contracting with a county that uses countywide polling places, only have to use polling places within runoff territory, not whole county. (43. 004(c)) 10/18/2021 Texas Secretary of State 34

Early Voting Period • The early voting periods are different for different elections: Election Early Voting In-Person Period May Even/Odd 12 th day through 4 th before election May Runoff from Uniform 12 th day through 4 th before election November Even/Odd 17 th day through 4 th before election 10/18/2021 Texas Secretary of State 35

Counting Votes and Canvassing Election Deadline for Voter Registrars Review of Provisional Ballots Deadline for EVBB to Count Ballots (Provisional & Overseas) Period for Canvass May Even/Odd 6 th Day After Election 9 th Day After Election 3 rd Day After Election 11 th Day November Odd 6 th Day After Election 9 th Day After Election 8 th Day After Election 11 th day November Even 7 th Day After Election 13 th Day After Election 8 th Day After Election – 14 th Day • See Section 67. 003 and 1 T. A. C. 81. 172 -81. 176 10/18/2021 Texas Secretary of State 36