Texas Secretary of State Elections Division 11/21/2018 Early Voting by Mail 26th ANNUAL ELECTION LAW SEMINAR For Cities, School, and Other Political Subdivisions Caroline Geppert December 2014 11/21/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

TOPICS COVERED IN EVBM OUTLINE Who runs early voting? Who can vote by mail? How to vote by mail. Witness and Assistance rules and procedures. Mailing balloting materials to voter. Receiving the ballot by mail. Signature Verification Committee (not covered in this presentation) 11/21/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Early Voting Clerk County – CC/EA City – City Secretary School/Others – Appointed by Governing Body Qualified voter of political subdivision, OR Permanent employee of political subdivision & registered in TX Disqualifications Deputy Early Voting Clerks – Permanent/Temporary Compensation City Secretary – none Others – may receive compensation 11/21/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division WHO CAN VOTE BY MAIL? 65 or older on Election Day Disabled Absent from County during Early Voting and on Election Day Confined in Jail In Address Confidentiality Program 11/21/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division How to Vote By Mail Complete & Submit Official or Informal Application In writing Signed by applicant or witness Contain Applicant’s Name State Registered Residence Address Contain Address to which ballot to be mailed State Grounds for voting by mail Indicate Type and Date of Election 11/21/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division How to Submit an Application Delivery Before early voting in person begins After early voting in person begins Common or contract carrier Deadline 9th Day before election day (moves to 11th day for Tuesday elections) FPCA’s are still 7th day Runoff rule 11/21/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Review of Application for Ballot by Mail Timeliness Proper Delivery (mail, common/contract carrier, fax, in person by voter) Correct Clerk Registration Status (if on suspense, send SOR) Residence and Mailing Address/SOR Additional Considerations (outside county, disability, 65 or older) 11/21/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Accepting Application Place in Jacket Envelope Place Voter’s name on Early Voting Roster Indicate on Roster ballot was mailed Add voter’s name to precinct list of early voters Make notation on list of registered voters that voter was mailed a ballot 11/21/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Rejecting Application Mail/otherwise deliver notice of rejection Include new ABBM if original received on or before 12th day before election day Keep rejected application in file & attach copy of rejection letter 11/21/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Cancelling Application Request must: Be in Writing Specify Election Be Received by the EV Clerk by the 3rd day before election day Be Received before the marked ballot is returned to the EV Clerk Exception #1: AFTER EARLY VOTING BY PERSONAL APPEARANCE HAS CLOSED: Request may be submitted at the early voting clerk’s office, but it must be submitted in person by the voter. Also, the voter must accompany the request with the ballot or sign an affidavit that the ballot was never received. Exception #2: DURING EARLY VOTING BY PERSONAL APPEARANCE OR ON ELECTION DAY AT EARLY VOTING OR ELECTION DAY POLLING PLACE: At any early voting polling place or at the voter’s election day precinct polling place, a voter may cancel by returning the mail ballot OR presenting a “Notice of Improper Delivery” to the polling place official. Exception #3: An applicant may cancel even if the marked ballot has been received by the early voting clerk if the applicant appears in person to the main early voting clerk and executes an affidavit stating that the voter did not mark the ballot as long as the ballot has not yet been delivered to the early voting ballot board. [Section 84.032(e)] 11/21/2018 Texas Secretary of State Elections Division

Cancelling Applications, cont. Review cancellation request Cancellation approved Notice of Cancellation provided to voter; voter may bring to polling place and vote in person Remove voter’s name from EV Roster & EV precinct list (if list not yet sent to Eday Judge) Remove notation on List of Registered Voters that voter was mailed ballot Attach cancellation request to ABBM and retain with other election records Cancellation denied Notify voter of rejection and reason; retain cancellation request NOTE: A voter who requested a ballot by mail, did not return the ballot by mail, and now no longer has the ballot by mail, may cast a provisional ballot either during early voting or on election day by completing an affidavit indicating that he or she has not voted by mail and is a registered voter in the precinct, per Section 63.011(a-1). 11/21/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Mailing Ballot to Voter Mail to the Voter: Ballot Ballot envelope Carrier Envelope List of declared write-in candidates SOR, if applicable Dear Voter Letter or other special Instructions Notice regarding postage 11/21/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Mailing Ballot, Cont. Deadline to Mail Ballots Ballot Error or Incorrect Ballot Procedure Affects voter’s choice? Procedure Availability of Early Voting by Mail Records ABBM & Carrier Envelope EV Rosters 11/21/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Assisting Voter In marking/reading ballot if physical disability/inability to read/mark ballot Assistant signs oath, states name/address Unlimited if comply with requirements Offenses Assistant does not provide name/address Compensation based on number of voters assisted Unlawful assistance To voter not eligible for assistance Prepares ballot other than voter directs Suggests how voter should vote Voter did not request assistance 11/21/2018 Texas Secretary of State Elections Division

Receiving Early Voting Ballot By Mail Time of receipt Submission/Delivery of Carrier Envelope Action on timely-returned ballots Open delivery envelope Place delivery envelope in jacket envelope More than one carrier in delivery envelope Registered at same address? Seal Jacket Envelope, keep in safe place, deliver to EVBB 11/21/2018 Texas Secretary of State Elections Division

Receiving Early Voting Ballot By Mail, Cont. Ballots not timely-returned Improper delivery Notice of Improper delivery may be presented by voter during early voting or on election day; voter may vote in person. Possession of another person’s carrier envelope Enter time of receipt on carrier, retain carrier, preserve unopened carrier Deliver written notice to voter (voter may present notice and vote on election day) Defective Carrier timely returned E.g., voter fails to sign 11/21/2018 Texas Secretary of State Elections Division

Carrier Envelope Criminal Offenses Witness on carrier envelope fails to provide name/residence address Person mails another voter’s ballot and does not provide signature, name, address. No offense if relative or registered at same address for either of above offenses Compensation for collecting and mailing carrier envelopes if based on number of ballots mailed. Buying or selling of ballot/balloting materials (appears in outline after signature verification committee). 11/21/2018 Texas Secretary of State Elections Division

Carrier Envelope Criminal Offenses Witness on carrier envelope fails to provide name/residence address Person mails another voter’s ballot and does not provide signature, name, address. No offense if relative or registered at same address for either of above offenses Compensation for collecting and mailing carrier envelopes if based on number of ballots mailed. Buying or selling of ballot/balloting materials (appears in outline after signature verification committee). 11/21/2018 Texas Secretary of State Elections Division

Signature Verification Committee Will be covered in Early Voting Ballot Board talk later today. 11/21/2018 Texas Secretary of State Elections Division