Preparing for Your Election Ashley Fischer 2016 Election

Preparing for Your Election Ashley Fischer 2016 – Election Law Seminar 2/28/2021 Texas Secretary of State Elections Division 1

138 th Day Before Election Day = Notice of Filing Period 108 th Day Before Election Day = First Day a Candidate May File 78 th Day Before Election Day = Deadline to Order Election Deadline for Candidate to File for Place on Ballot But, before all of this… 2/28/2021 Texas Secretary of State 2

Agenda • • • Type of Entity/Term Lengths Method of Election Vote Requirement Voting Systems Election Workers Contracting List of Registered Voters Polling Places Supplies Odds & Ends Resources 2/28/2021 Texas Secretary of State 3

Type of Entity/Legal Situations • Determine the type of your entity, and any legal situations impacting your entity, i. e. court orders. • Why is it important? – Determines the law governing your entity. – Assists in properly calling elections/special elections. – Determines if you can move your date of general election. – May have certain requirements under a court order. 2/28/2021 Texas Secretary of State 4

Type of Entity • Examples for Cities: – Type A – Type B – Type C – Home Rule • Examples of Water Districts: – Municipal Utility Districts – Water Improvement Districts 2/28/2021 Texas Secretary of State 5

Term Lengths • Determine the term lengths for your entity’s governing body. • Why is this important? – Assists in determining what offices will go on the ballot, and if an election needs to be called. – Assists in determining if a special election needs to be called. – Assists candidates in determining what positions will be on the ballot. 2/28/2021 Texas Secretary of State 6

Method of Election • Determine your political subdivision’s method of election. • Why is this important? – Allows the election to be ordered correctly. • Ensures that ballots are correct. – Allows candidates to know what positions will be on the ballot, and if they are eligible. – Avoids challenge to the election. 2/28/2021 Texas Secretary of State 7

Method of Election • Options: – Pure-at-Large – At-Large-By-Place/Position – Single Member District – Combination of At-Large and Single Member – Cumulative 2/28/2021 Texas Secretary of State 8

Pure at-Large • The candidates run as one group on the ballot. • All qualified voters in the political subdivision may vote in the race. • The top “vote-getters” win the number of positions available. • Generally, pure at-large is the “default” method of election for cities and school districts, and it takes an action by the governing body (or a court) to change method of election. – Special Law Districts have method of election set by enacting legislation. 2/28/2021 Texas Secretary of State 9

Pure at-Large Example: • City of Longhorn – Type A City: 1 Mayor, 5 City Councilmembers – 3 council positions expire in 2016 – 5 people submit applications and are accepted to be on the ballot 2/28/2021 Texas Secretary of State 10

Pure at-Large Ballot: Results: Election Results May 7, 2016 City of Longhorn General Election City Council Vote for none, two, or three Pluto Minnie Mouse Goofy Candidates Pluto Minnie Mouse Goofy Mickey Mouse Donald Duck TOTAL Votes 61 122 133 71 85 472 Mickey Mouse Donald Duck 2/28/2021 Texas Secretary of State 11

Pure at-Large • Goofy, Donald Duck and Minnie Mouse all win a seat on the City of Longhorn’s City Council. 2/28/2021 Texas Secretary of State 12

At-Large By Place/Position • The candidates run in separate groups on the ballot for each available position. • All voters within political subdivision get to vote in all races. • It generally takes an act of the governing body or a court order to move to this type of method of election. 2/28/2021 Texas Secretary of State 13

At-Large By Place/Position Example: • Bears ISD – Board of Trustees: 5 positions/places – Place 2 and Place 5 expire in 2016 – 3 people submit applications for Place 2 – 2 people submit applications for Place 5 2/28/2021 Texas Secretary of State 14

At-Large By Place/Position Ballot Bears Independent School District General Election Board of Trustees, Place 2 Owl Winnie the Pooh Eeyore Board of Trustees, Place 5 Tigger Roo 2/28/2021 Results Election Results May 6, 2017 Place 2 Candidates Owl Winnie the Pooh Eeyore TOTAL Votes 57 122 84 263 Place 5 Candidates Tigger Roo TOTAL Votes 171 85 256 Texas Secretary of State 15

At-Large By Place/Position Winnie the Pooh wins Place 2 2/28/2021 Tigger wins Place 5 Texas Secretary of State 16

• Poor Eeyore… 2/28/2021 Texas Secretary of State 17

Single Member District • The territory of the political subdivision is divided into districts, and candidates run in their district of residence. • ONLY voters within the district can vote. • It generally takes an act of the governing body or a court order to move to this type of method of election. 2/28/2021 Texas Secretary of State 18

Single Member District Example: • City of Aggie – Home Rule City: 5 Single Member Districts – District 1 and District 3 positions expire in 2016 – 3 people submit applications for District 1 – 2 people submit applications for District 3 2/28/2021 Texas Secretary of State District 1 District 2 District 3 District 4 District 5 19

Single Member District Ballot City of Aggie General Election District 1 Woody Hamm Jessie District 3 Buzz Lightyear Mr. Potato Head 2/28/2021 Results Election Results May 6, 2017 District 1 Candidates Woody Hamm Jessie TOTAL Votes 125 85 175 385 District 3 Candidates Buzz Lightyear Mr. Potato Head TOTAL Votes 101 192 293 Texas Secretary of State 20

Single Member District Jessie wins District 1 2/28/2021 Mr. Potato Head wins District 3 Texas Secretary of State 21

Combination of At-Large & Single Member • Political subdivision is divided into single member districts where voters from that district elect a representative, but also elect at -large members. • Example: – Horned Toad ISD: • 5 Single Member Trustee Districts • 2 At-Large Positions 2/28/2021 Texas Secretary of State 22

Cumulative Voting • Candidates appear in one group on the ballot, voters cast as many votes as there are open seats and can put more than one vote on a preferred candidate. • RARE in Texas, but some school/college and special law districts use cumulative voting. 2/28/2021 Texas Secretary of State 23

Cumulative Voting Roadrunner ISD General Election You may cast up to three votes. You may distribute your three votes in any way among the candidates: all three for one candidate, two for one and one for another, or for each of three candidates. If Roadrunner ISD has three board positions on the ballot, each voter will get 3 votes. Happy Sneezy Sleepy Grumpy Dopey 2/28/2021 The 3 candidates with the highest number of votes win the positions. Texas Secretary of State 24

Method of Election • If you don’t know your method of election: – Home-Rule Charters – Enacting legislation – Previous election records, including sample ballots – Newspapers articles – Historical DOJ submission files – Internal files – board records • Legal Files, including court orders – School district policy manual 2/28/2021 Texas Secretary of State 25

Vote Requirement • Determine your entity’s vote requirement. • Why is this important? – Helps determine the winners of the election. – Assists in tabulating/canvassing results and preparing for a potential runoff election or tie vote election if one is necessary. 2/28/2021 Texas Secretary of State 26

Vote Requirement • Plurality: A candidate must receive more votes than any other candidate for the office. – Tie Vote Second Election: If two or more candidates tie, must hold second election. (2. 002) • Majority Vote: A candidate must receive more than 50% of the total vote. – Runoff Election: If no candidate received the vote necessary to be elected in an election requiring a majority vote, a runoff election is required. (2. 021) 2/28/2021 Texas Secretary of State 27

Voting Systems • Determine what voting systems your entity will use in the upcoming election. • Why is this important? – Helps meet federal and state law requirements. • If you are exempt from requirements, must apply/notify SOS no later than 90 th day before election. – – 2/28/2021 Helps establish the cost of the election. Helps determine contracting/joint election needs. Helps establish what supplies will be needed. Helps determine what kind of training you will need to provide to election judges/clerks. Texas Secretary of State 28

Voting Systems • Review what was used in your last election: – Hand counted paper ballots – Electronic Voting Systems: • Optical scan ballots • DREs 2/28/2021 Texas Secretary of State 29

Voting System Accessibility • Accessible voting system must comply with: – Section 504 of the federal Rehabilitation Act of 1973; – Title II of the federal Americans with Disabilities Act; and, – 52 U. S. C. Section 21081(a)(3) 2/28/2021 Texas Secretary of State Elections Division 30

Accessible Voting System Exemption • Exemption: 1. If an election without a federal office on the ballot; and 2. Located in county population of under 20, 000 ↓ May qualify for an exemption or undue burden status. December 2014 Texas Secretary of State Elections Division 31

Population less than 2, 000 • Exempt from the accessible voting system requirement. • Reasonable accommodation: – A voter may request by the 21 st day before election day. 2/28/2021 Texas Secretary of State Elections Division 32

Population 2, 000 – 5, 000 • Must provide at least one accessible electronic voting system on election day. • Location of accessible voting system: – Recommend – at the early voting clerk’s office (if more than one EV location). 2/28/2021 Texas Secretary of State Elections Division 33

Population 5, 000 – 10, 000 • Must provide one accessible electronic voting system on election day AND early voting period. • Location of accessible voting system: – Early voting period – at the early voting clerk’s office (if more than one EV location). – Election day – at the main early voting polling place. 2/28/2021 Texas Secretary of State Elections Division 34

Exemption Notice & Publication Requirement – Written notice to SOS • No later than 90 days before election day – Newspaper publication (Population 1, 00010, 000) • • 2/28/2021 No later than 15 days before start of early voting Newspaper – general circulation Texas Secretary of State Elections Division 35

Population of 10, 000 – 20, 000 • Application of Undue Burden Status – show that compliance would cause undue burden due to: • Increased in costs by at least 25% as compared with last general election held before January 1, 2006 • Deadline – 90 th day before election day. 2/28/2021 Texas Secretary of State Elections Division 36

Population of 10, 000 – 20, 000 • May provide fewer accessible voting systems IF comply with the following: . – Submit an application of undue burden status – Submit application to SOS, no later than 90 th day before election day 2/28/2021 Texas Secretary of State Elections Division 37

Population of 10, 000 – 20, 000 • IF SOS approves – entity must: – Provide at least one accessible voting system during early voting period AND election day – Branch EV locations – provide one mobile accessible voting system • Deployed @ least once to each branch location – Newspaper Publication 2/28/2021 Texas Secretary of State Elections Division 38

Political Subdivisions in more than one county • Fall into one of the 4 categories, you choose to be considered either: – being located in the county that contains the greatest # of registered voters of the subdivision; or – for each portion of the subdivision located in a different county to be considered as a separate subdivision 2/28/2021 Texas Secretary of State Elections Division 39

Election Workers • Estimate the number of election workers you will need and how to locate workers. • Why is this important? – Ensures that you have enough people to work the election. (EVBB can consist of workers. ) – Ensures compliance with state and federal law regarding bilingual election clerks. 2/28/2021 Texas Secretary of State 40

Election Workers • Recommendations for locating election workers: – Review internal files on past elections. – Consult with county election officer. • Determine if you will be entering a contract or joint election agreement and who will handle finding workers. – Consult with community organizations. – Contact high schools regarding appointment of student clerks. 2/28/2021 Texas Secretary of State 41

Contracting • Determine if your entity will be entering a contract for the election. • Why is this important? – Some entities MUST enter a joint election agreement. – If you intend to contract with the county or lease equipment from the county, they need to know in advance in order to plan properly. – Allows you to plan properly and helps determine costs. 2/28/2021 Texas Secretary of State 42

List of Registered Voters • Talk to your county voter registrar to see if your political subdivision’s information is the most up-to-date. • Why is this important? – Ensures correct list of registered voters can be provided by Voter Registrar(s). – Ensures voters get the correct ballot, and ensure voters that are registered are allowed to vote. – Avoids challenge to the election. 2/28/2021 Texas Secretary of State 43

List of Registered Voters • The County Voter Registrar will prepare the list upon request. – If the list is to include voters from county election precincts partly located in your entity’s territory, you must include a map of the boundaries. – The map must be sufficient in detail to allow the registrar to prepare the list. – The map must be provided with enough time to allow the registrar to prepare the list. [18. 001] 2/28/2021 Texas Secretary of State 44

List of Registered Voters • Review information with your voter registrar especially if your political subdivision has: – Recently been created – Recently been incorporated – Annexed land – Redistricted – Changed to single member districts for method of election 2/28/2021 Texas Secretary of State 45

Polling Places • Start to determine location of polling places that you will use for early voting and election day. • Why is this important? – Allows you to work with building owner schedules, e. g. community center. – Allows you to work out cost if there are charges. – Ensures compliance with state and federal law on accessibility. – Ensures that you will have your polling places. 2/28/2021 Texas Secretary of State 46

Supplies • Order supplies ahead of time. • Why is this important? – Allows you to be prepared for voting by mail, early voting and election day. – Helps determine costs. – Ensures ballots go out on time. • Be sure to allow time to proof ballots. 2/28/2021 Texas Secretary of State 47

Odds & Ends • Texas Attorney General – Public Information – Open Meetings 2/28/2021 Texas Secretary of State 48

Resources • Calendar • Glossary/Acronym List • Online Outlines: – Cancellation – Local Option Outline – Joint Elections • Handbooks 2/28/2021 Texas Secretary of State 49

SOS Contact Information • Election Official Toll-Free Line: – 1 -800 -252 -2216 • Option 2 = Legal • Option 5 = Special Projects (Seminars) • SOS Email Address: – elections@sos. texas. gov • SOS Website: – www. sos. state. tx. us – www. votetexas. gov 2/28/2021 Texas Secretary of State 50