Texas Secretary of State Elections Division 11/10/2018 Primaries 101 Christina Worrell Adkins County Chair Seminar 2017 11/10/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division What to Expect? Basic Primary Concepts Terminology and “Election Lingo” Citations and References Preview of other Presentations 11/10/2018 Texas Secretary of State Elections Division

Election Glossary/Acronym List 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Sources of Law Texas Constitution Texas Election Code Texas Government Code Texas Administrative Code Advisories/Memos OAG Opinions 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Texas Election Code http://www.statutes.legis.state.tx.us/ 11/10/2018 Texas Secretary of State Elections Division

Texas Administrative Code http://info.sos.state.tx.us/pls/pub 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Election Officials 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Chief Election Officer Official Forms Uniformity Assistance and Advice Voting Rights Hotline Referral of Complaints to OAG 11/10/2018 Texas Secretary of State Elections Division

County Election Officials County Election Board Membership: County judge, county clerk, VR, sheriff, county chair of each political party required to nominate by primary election Duties: Supplies, Appointment of EVBB, Consolidation County Election Commission Membership: County judge, county clerk, county tax assessor-collector, county chair of each political party. Duties: appoints and recommends termination of an EA. 11/10/2018 Texas Secretary of State Elections Division

County Election Officials County Clerk Tax Assessor-Collector as Voter Registrar Volunteer Deputy Registrars Elections Administrators 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Party Officials 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division County Chair Duties Include: Serve on County Election Commission, County Election Board, Primary Committee (if established), County Executive Committee. Election Officials Provides list of judges for appointment by commissioner’s court Provides list of potential election clerks in general election Appoints judges for primary election Provides list of name for early voting workers in a primary election Appoint signature verification committee members in Primary Appoint poll watchers Designate polling locations in primary Procure and allocate supplies in primary election (with approval of County Exec. Committee) Prepares Ballot in Primary Election Serve as filing authority for candidate application for primary election. Certify names for general election ballot County Chair conducts ballot drawing, NEW LAW - HB 1735 Unless County Executive Committee resolves that Primary Committee will do drawing State Chair conducts if County chair requests it or if County Chair fails to conduct drawing by the deadline to do so. 11/10/2018 Texas Secretary of State Elections Division

Precinct Executive Committee Duties include: Making nominations to fill vacancies in less-than countywide district offices (County Commissioner, JP), under certain circumstances. Membership: Precinct chairs from county election precincts in the territory where there is a vacancy. 11/10/2018 Texas Secretary of State Elections Division

County Executive Committee Duties Include: Supervision of conduct of primary Approval of primary contracts/ Joint Primary Agreements Determine Consolidation of Precincts in primary election Appoint poll watchers in elections with partisan candidates Nominate to fill vacancies under certain circumstances Adoption of Voting System in primary election Sets time and place for precinct conventions Membership: County chair (serves as presiding officer) Precinct chair from each county election precinct 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Primary Committee Duties: (if established) May conduct ballot drawing for Primary if ordered to do so by County Executive Committee Review and Approve format of the official ballot for the Primary election. Membership: County Chair (serves as Chair of Primary Committee); and Four other members of the county executive committee, appointed by the county chair subject to the executive committee’s approval If no primary committee is established, the county chair shall perform the duties of the primary committee unless the county executive committee designates another member of the committee for that purpose. 11/10/2018 Texas Secretary of State Elections Division

District Executive Committee Duties Include: Making nominations to fill vacancies in district offices, under certain circumstances. Membership: Consists of the members of each county executive committee who reside in the applicable district 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Election Officials Early Voting Clerk and Deputy Clerks Presiding Judge/Alternate Judge Election Day Clerks Early Voting Ballot Board Signature Verification Committee 11/10/2018 Texas Secretary of State Elections Division

General Election Information 11/10/2018 Texas Secretary of State Elections Division

Uniform Election Dates Each general or special election is required to be held on one of the following dates: First Saturday in May in an odd-numbered year; First Saturday in May in an even numbered year (for political subdivisions other than a county); OR First Tuesday after the First Monday in a November. Primary Elections Primary Election First Tuesday in March in each even-numbered year. Runoff Primary Fourth Tuesday in May following the general primary election. No other election may be held on date of primary or primary run-off. 11/10/2018 Texas Secretary of State Elections Division

What is a Primary election? Party Offices: Election for precinct chairs and county chairs. Public Offices: Nomination procedure for public offices. 11/10/2018 Texas Secretary of State Elections Division

Purpose of Primary Election Referendum Nonbinding; Ordered by State Executive Committee or Required by Voter Petition Party Offices Election for Precinct Chairs and County Chairs Public Offices Nomination Procedure for Public Offices Nomination by Convention Minor Party Candidates General Election for State and County Officers Independent Candidates and Write-in Candidates Filing with SOS 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Plurality v. Majority Plurality: A candidate must receive more votes than any other candidate for the office. 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) Primary Elections require a majority vote. General Election requires a plurality vote. 11/10/2018 Texas Secretary of State Elections Division

Contracts/Joint Elections If two or more entities are holding an election on the same day in a particular territory, then they may enter into a joint election agreement and share precincts, workers, and/or equipment, etc. (Chapter 271) Joint Primaries (172.126) Party chairs may agree to enter into a contract to conduct their primaries jointly. Contract for Election Services Contract between county election officer and party holding the primary election for various election services including the leasing of election equipment. (31.092) 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Party Affiliation Affiliation with Party required to: Serve as a delegate or participate in party convention, Be elected or appointed to fill a vacancy on state executive committee, Be appointed to fill vacancy on a county executive committee, or For any other purpose within the party as provided by the state party rules. Procedures for Affiliation: Voting in a Primary Election Taking oath at precinct convention or with member of county executive committee. Duration of Affiliation Party affiliation expires at the end of the voting year in which a person becomes affiliated. 11/10/2018 Texas Secretary of State Elections Division

Party Affiliation - Restrictions If a person: Votes in a Primary Election, OR Is a Candidate for Nomination in a Primary Election THEN, they cannot vote in the other party’s primary or runoff election or participate in the other party’s conventions AND, they are ineligible for a place on ballot in the succeeding general election for state and county officers as: An independent candidate or write in candidate for the same office, or A nominee for any office of a different political party. 11/10/2018 Texas Secretary of State Elections Division

Pre-Election Day Procedures 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Order of Elections Primary Elections occur as a matter of law, and no separate steps need to be taken to order the election. 11/10/2018 Texas Secretary of State Elections Division

Candidate Applications Filing Authority Applications and appropriate fee or petition in lieu of fee. Declaration of write-in Candidacy for county or precinct chair. Filing Period Precinct Chair filing period, Regular Filing Period, extended filing deadline. Notice Required County Chair required to post notice of address will be available to accept application on the last day of filing. 11/10/2018 Texas Secretary of State Elections Division

Precincts and Polling Places County Election Precincts are required in Primary Elections. Consolidation of Precincts By order of County Executive Committee of Political Party Consolidation is subject to 42.005 (officer-line rule). One ballot style per precinct. 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Notice of Election NEW LAW: HB 1735 (2017) – the County Clerk (EA) is responsible for posting the notice of election and notice of consolidated precincts, if applicable. In addition to other methods, the Notice of Election MUST be posted on: Entity’s own website, if available. SOS website for primary elections and the general election for state and county officers. 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballots Submission of Candidate Names and Information to SOS Ballot Certification Ballot Preparation and Drawing 11/10/2018 Texas Secretary of State Elections Division

Election Day Procedures 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Election Day 7:00 a.m. ----- Polls open. Voter registrar’s office is open. Early voting clerk’s office is open for early voting activities. 7:00 p.m. ----- Polls Close Deadline for receiving early voting ballots by mail and late ballots cast by voters who became sick or disabled. 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Qualifying a Voter Voter Provides Acceptable Form of ID or completes a RID. Voter is Located on List of Registered Voters Addresses do NOT have to match. Check-in Voter Voter Signs Signature Roster/Combination Form Voter Casts Ballot 11/10/2018 Texas Secretary of State Elections Division

Curbside Voting/Accessibility Voter physically unable to enter polling place may vote curbside. Election worker(s) qualify voter, bring a selection of ballots or a DRE to the voter, and allow voter to choose, mark, and cast ballot curbside. Accessibility All buildings used as polling places in Texas must be accessible to voters with disabilities. With certain exemptions, each polling place must provide at least one accessible voting machine for use by voters with disabilities so that such voters may vote in private and without assistance. 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division All Conventions NEW LAW: HB 1735, 85th Legislature (2017). Posting of Notices: Notice must be posted on door of polling place for all precinct, senatorial, or state conventions that a voter is eligible to participate in. State Chair SHALL develop a form for the notices. Distribution of Notices: Party may develop a form that contains information about conventions and distribute to each voter that is accepted. State Chair shall prescribe a form, County Chair can use their own form. Form Must be approved by the SOS. NOTE: This form can be combined with the Certificate of Affiliation. 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Precinct Convention Time and Place Determined by Party Rules If on Primary day, Not earlier than 7:00 pm Not later than 9:00 pm May not convene before last voter has voted at polling place Notice Must post notice of date, hour and place for convention on website. If no website, then county commissioner’s bulletin board. Recommendation: post notice in both places. List required for Precinct Convention 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Conventions List Required for Convention: List of registered voters must be prepared as voters are accepted for voting. If a county is using e-pollbooks, the county chair can request an electronic copy of the list of registered voters for use at the convention. (NEW LAW, HB 1735 85th Legislature, 2017) 11/10/2018 Texas Secretary of State Elections Division

Post Election Procedures Canvassing Elections Certification of Outcome Recounts (Title 13, Election Code) Petition for a Recount Automatic Recount www.sos.state.tx.us/elections/laws/recounts.shtml Election Contests (Title 14, Election Code) Action occurs in district court. Losing candidate files suit against the winning candidate. 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Voting Systems Adoption of a Voting System Acquiring a System Types of Systems DRE Voting System Optical Scan Voting System Manually Counted “Paper Ballots” Testing Requirements Logic and Accuracy Test/Tabulation Testing 11/10/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Websites http://www.sos.state.tx.us/elections/ http://www.votetexas.gov/ 11/10/2018 Texas Secretary of State Elections Division