Preparing Your Ballots Texas Secretary of State Elections Division 12/5/2018 Preparing Your Ballots Christina Worrell Adkins Election Law Seminar 2016 12/5/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Topics Covered Methods of Voting Ballot Preparation Format of Ballots Minimum Number of Ballots Ballot Correction Emergency Ballots 12/5/2018 Texas Secretary of State Elections Division

Paper Ballots Counted with a Scanner based Voting System Two different methods: Precinct Ballot Counter (ex: M100, eScan) Central Scanner Must Adopt and Acquire the voting system. Must create a Central Counting Station/ Central Accumulation Station. Must perform Logic and Accuracy Testing, Testing of Tabulation Equipment. 12/5/2018 Texas Secretary of State Elections Division

Direct Record Electronic (DRE) Voting System DRE’s are voting machines that are a paperless system – the votes are cast directly on the machine. Must Adopt and Acquire the voting system. Must create a Central Counting Station/ Central Accumulation Station. Must perform Logic and Accuracy Testing, Testing of Tabulation Equipment. 12/5/2018 Texas Secretary of State Elections Division

Accessible Voting Machine Requirements Requirement under both state and federal law to have at least one accessible voting machine at each polling place. For November 8, 2016, there are NO exemptions available because this election has federal offices on the ballot. 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Preparation 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Preparation No specific statutory deadline. Ballots must be prepared, finalized, and tested in time for mail ballots to be mailed in compliance with Section 86.004 of the Texas Election Code, UOCAVA, MOVE. 45th day before November 8, 2016= September 24, 2016 12/5/2018 Texas Secretary of State Elections Division

Who Prepares the Ballot? Ordering Authority Party Responsible for Preparing Ballot Governor County Elections Officer County City City Secretary Political Subdivision Secretary of the subdivision's governing body. If no secretary, the presiding officer. (Frequently delegated to same employee accepting applications) 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Certification In August, counties will receive the ballot certification documentation from the SOS. Notification that Ballot Certification is complete on SOS website. All Federal, State, District, and local party nominees (for major parties), will be certified through SOS website. Local independent and write-in candidates will be certified by County Judge. 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Certification What offices? Who Certifies? How will you get certification? Federal, State, District Party Nominees Secretary of State SOS will send notification that certification is complete on SOS website Federal, State, District Independent Candidates and Write-ins County Party Nominees, replacement nominees County Party Chairs Certification will be completed vis SOS website, or via minor parties County Independent and Write-in Candidates County Judge Directly from County Judge Local Offices (Cities, School Districts, etc.) Authority responsible for preparing ballot Directly from local authority 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Format 12/5/2018 Texas Secretary of State Elections Division

Ballot Format Requirements Printed on white or light-colored paper (not yellow) with black ink or some other color as approved by SOS. Numbered consecutively beginning with 1.   Must be in uniform size and type. Ballots must in English and Spanish. 12/5/2018 Texas Secretary of State Elections Division

Ballot Format Requirements Nature of the election and date of the election must be printed at the top of the ballot. “OFFICIAL BALLOT” must be printed in large letters on the ballot immediately below the designation and date of the election. “unexpired term” shall be printed on the ballot following the office title, if applicable. “voting squares” and mandatory instructions = Sections 52.070, 52.071 & 124.063 of the Texas Election Code. The word “Incumbent” is NOT permitted on the ballot. 12/5/2018 Texas Secretary of State Elections Division

Ballot Format Requirements Order of races = Section 52.092 of Texas Election Code. No guidance in election code about placement of local races. Party Columns = Section 52.091 of the Texas Election Code. Order determined by number of votes received statewide by each party’s candidate for governor in the most recent gubernatorial general election. SOS Sample Ballot will contain proper order. 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Drawing Who conducts drawing? General Election for State and County Officers Order determined by 52.092, 52.092 Other Elections: Authority responsible for preparing the ballot. Who is entitled to be present? Each candidate who is affected by the drawing may be present or have a representative present. 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Drawing Notice Requirements for Candidates City Elections or other elections held at county expense: On receipt of a candidate’s written request accompanied by a stamped, self-addressed envelope, authority is required to mail notice to candidate All other political subdivisions, Required to mail written notice of the date, hours and place of the drawing to each candidate at the address on application no later tan the fourth day before the date of the drawing 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Drawing Notice requirements: Date, Hour, and place of drawing. Notice must be posted for at least 72 hours preceding the drawing. Notice must be posted in the office of the authority conducting the drawing. Sample Notice: AW3-2. 12/5/2018 Texas Secretary of State Elections Division

Finalizing Your Ballot Best Practices Have multiple people in your office look at ballot. Provide a copy of ballot to candidates for review. Verify the following: Spelling of Candidate Names. Positions on the Ballot. Order of Names on the Ballot. Accuracy of Translations. 12/5/2018 Texas Secretary of State Elections Division

Minimum Number of Ballots 12/5/2018 Texas Secretary of State Elections Division

Minimum Number of Ballots Formula for calculating number of ballots to be ordered: A x B* + C = D Legend: A = percentage of voter turnout in a precinct B* = current number of registered voters in precinct C = 25% of A x B D = minimum number of ballots to be ordered *REGISTERED VOTERS WHO APPEAR ON THE LIST WITH A "S" DESIGNATION DO NOT HAVE TO BE INCLUDED IN THE TOTAL NUMBER OF REGISTERED VOTERS IN THE PRECINCT. Use figures from last like election (November 2008, as applicable) to perform calculations. 12/5/2018 Texas Secretary of State Elections Division

Example of Ballot Calculation Precinct 1 10% voter turnout. There are currently 595 registered voters. 20 registered voters are designated with an "S" in precinct 1.   595 - 20 = 575 10% x 575 = 57 57 x 25% = 14 Therefore: 57 + 14 = 71 (minimum number of ballots to be ordered for precinct 1) Note: This is a formula for the minimum number of ballots to be ordered. Local issues and circumstances may require that more ballots be ordered. 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Correction 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 12/5/2018 Ballot Correction Occurs when mistake on ballot could affect the choice of the voter. Three options for correcting a ballot: Stickers (paper ballot only), Line out or otherwise obscure (paper ballot only), or Reprint or Reprogram! 12/5/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Correction Requirements for a Ballot Correction: (52.006-52.0064) Notify SOS within 24 hours of decision. Destruction of incorrect ballots. Make record of ballots destroyed. Order new ballots beginning with ballot #1. Mail corrected ballots to voters who have been mailed an incorrect ballot. 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Ballot Correction Ballot by Mail Procedure EVC shall mail corrected ballot to all mail voters. EVC make notation on both carrier and ABBM that voter received a corrected ballot. EVC shall maintain a list of all voters receiving a corrected ballot. New balloting materials shall include a notice containing Explanation of why voter is receiving corrected ballot Instruction to destroy the original ballot if it has not yet been returned Notification that if voter returns original ballot but not corrected ballot, the original ballot will still be counted. . 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Emergency Ballots To be used when… When your ballots are not ready for sending out ballots by mail. A polling place runs out of ballots You have technical problems with a voting system. You do not need permission from the SOS to create emergency ballots. However, please notify SOS if this occurs on election day as this could affect ENR. 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Emergency Ballots What can a presiding judge use for emergency ballots? Extra election day ballot stock. Early voting ballot stock. Photo copies of official ballot. Photocopies of a sample ballot. Blank pieces of paper for voter to write choices. 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Emergency Ballots How to create emergency ballots… Before copying an official ballot, white out or obscure the ballot number printed on the ballot. Presiding judge must serially number ballots beginning with next number from ballot order. Ballots should be disarranged on table for voters. Make note on ballot register how many emergency ballots were created and the range of numbers used to create ballots. NOTE: If you using official election day or early voting ballot stock, you do not have to renumber. You are required to note ballot number ranges on ballot register. And presiding judge must sign the back of ballots. 12/5/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Questions? elections@sos.texas.gov 12/5/2018 Texas Secretary of State Elections Division