The Role of the Voter Registrar

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Presentation transcript:

The Role of the Voter Registrar Jury Information and The Role of the Voter Registrar 12/8/2018

Texas Government Code § 62 Texas Government Code § 62.001 Jury Source; Reconstitution of Jury Wheel Sec. 62.001. (a) The jury wheel must be reconstituted by using, as the source: (1) the names of all persons on the current voter registration lists from all the precincts in the county; and (2) all names on a current list to be furnished by the Department of Public Safety, showing the citizens of the county who: (A) hold a valid Texas driver's license or a valid personal identification card or certificate issued by the department; and (B) are not disqualified from jury service under Section 62.102(1), (2), or (7). (b) Notwithstanding Subsection (a), the names of persons listed on a register of persons exempt from jury service may not be placed in the jury wheel, as provided by Sections 62.108 and 62.109. (c) Each year not later than the third Tuesday in November or the date provided by Section 16.032, Election Code, for the cancellation of voter registrations, whichever is earlier, the voter registrar of each county shall furnish to the secretary of state a current voter registration list from all the precincts in the county that, except as provided by Subsection (d), includes: (1) the complete name, mailing address, date of birth, voter registration number, and precinct number for each voter; (2) if available, the Texas driver's license number or personal identification card or certificate number and social security number for each voter; and (3) any other information included on the voter registration list of the county. (d) The list required by Subsection (c) may exclude, at the option of the voter registrar of each county, the names of persons on the suspense list maintained under Section 15.081, Election Code. (e) The voter registrar shall send a list of the names of persons excluded to the secretary of state with the list required by Subsection (c). 12/8/2018

Texas Government Code § 62.106 Exemption from Jury Service Sec. 62.106. EXEMPTION FROM JURY SERVICE. (a) A person qualified to serve as a petit juror may establish an exemption from jury service if the person: (1) is over 70 years of age; (2) has legal custody of a child younger than 12 years of age and the person's service on the jury requires leaving the child without adequate supervision; (3) is a student of a public or private secondary school; (4) is a person enrolled and in actual attendance at an institution of higher education; (5) is an officer or an employee of the senate, the house of representatives, or any department, commission, board, office, or other agency in the legislative branch of state government; (6) is summoned for service in a county with a population of at least 200,000, unless that county uses a jury plan under Section 62.011 and the period authorized under Section 62.011(b)(5) exceeds two years, and the person has served as a petit juror in the county during the 24-month period preceding the date the person is to appear for jury service; (7) is the primary caretaker of a person who is unable to care for himself or herself; (8) except as provided by Subsection (b), is summoned for service in a county with a population of at least 250,000 and the person has served as a petit juror in the county during the three-year period preceding the date the person is to appear for jury service; or (9) is a member of the United States military forces serving on active duty and deployed to a location away from the person's home station and out of the person's county of residence. (b) Subsection (a)(8) does not apply if the jury wheel in the county has been reconstituted after the date the person served as a petit juror. 12/8/2018

Texas Government Code § 62.107 Procedures for Establishing Exemptions 62.107 (b) A person may also claim an exemption from jury service under Section 62.106 by filing with the sheriff, voter registrar, or district or county clerk of the county of the person's residence a sworn statement that sets forth the ground of and claims the exemption. The name of a person who claims an exemption by filing the sworn statement may not be placed in the jury wheel for the ensuing year. 62.107 (c) A person who files a statement with a clerk of the court, as provided by Subsection (a), claiming an exemption because the person is over 70 years of age, may also claim the permanent exemption on that ground authorized by Section 62.108 by including in the statement filed with the clerk a declaration that the person desires the permanent exemption. Promptly after a statement claiming a permanent exemption on the basis of age is filed, the clerk of the court with whom it is filed shall have a copy delivered to the voter registrar of the county. 12/8/2018

Texas Government Code § 62.108 Permanent Exemption for Elderly 62.108 (b) A person may claim a permanent exemption: (1) by filing with the voter registrar of the county, by mail or personal delivery, a signed statement affirming that the person is over 70 years of age and desires a permanent exemption on that ground; or (2) in the manner provided by Section 62.107(c). 12/8/2018

Texas Government Code § 62 Texas Government Code § 62.109 Exemption for Physical or Mental Impairment or Inability to Comprehend English 62.109 (c) The clerk of the district court shall promptly notify the voter registrar of the county of the name and address of each person exempted and state whether the exemption is permanent or for a specified period. The voter registrar shall maintain a current register showing separately the name and address of each person permanently exempt from jury service under this section and the name and address of each person exempt from jury service under this section for a specified period. 62.109 (e) A person exempt from jury service under this section may rescind the exemption at any time by filing a signed request for the rescission with the voter registrar of the county. 12/8/2018

Role of the Voter Registrar Maintain certain exemption statuses Maintain the county voter list 12/8/2018

Exempted statuses 12/8/2018

Exempted Statuses Q. What information can/should be provided to the voter registrar when it comes to jury management information? A. The following information should be provided to the VR: Perm. Exemption for over 70 (Document) Gov. Code Sec 62.107 (c) Exemption for Physical or Mental Impairment or Inability to Comprehend English (Court Order) Gov. Code Sec 62.109 (c) Q. What information should not be provided to the voter registrar when it comes to jury management information? A. Information contained in a completed questionnaire (Ex: Disqualifications due to Misdemeanor Theft or Felony) If the VR receives information derived in the form of jury summons or jury questionnaires, it must be returned to the Clerk of the Court. The VR should not possess that information and should not report it in TEAM. Gov. Code Sec 62.0132 12/8/2018

Exemptions from Jury Service Entered by Clerk of the Court Entered by Voter Registrar TGC § 62.107(a) – summons response submitted to the clerk of the court with an exemption requested (as appears in § 62.106 – limited to current jury pool). TGC § 62.107(c) – In addition to choosing over 70 exemption on summons (for pool only); clerk may enter permanent exemption if juror also submits a signed declaration for permanent exemption to clerk of court, for over 70, (copy goes to vr to report on annual basis per 62.001 (e); submitter may rescind request at any time via signed request) TGC § 62.107(b) – Sworn statement (notarized) of exemption (from § 62.106) requested submitted to VR (good for remainder of year). TGC § 62.108(b)(2) – “signed statement” submitted to vr, requesting permanent exemption for being over 70 (submitter may rescind request at any time via signed request) TGC § 62.001 (e) – Along with list of registered voters (w/details), VR shall include list of those to be excluded from wheel per TGC § 62. 12/8/2018

Exempted Statuses whichever is earlier DEADLINE The Voter Registrar should provide exemptions by (November 15, 2016) whichever is earlier 12/8/2018

EXEMPTION LISTS Once you have confirmed the list of exemptions you are required to maintain is complete, enter your juror exemptions in TEAM by either manual entry or by file submission (in the correct record layout). 12/8/2018

Maintain Voter List 12/8/2018

Maintain Voter List with data from Clerk of the Court Office Q. What information can/should be provided to the voter registrar when it comes to jury management information? A. The following information should be provided to the VR: Non-U.S. Citizen status ( Monthly List) Gov. Code Sec 62.113 Non residents of the county ( Monthly List) Gov. Code Sec 62.114 Perm. Exemption for over 70  (Document) Gov. Code Sec 62.108 Exemption for Physical  or Mental Impairment* or Inability to Comprehend English  (Court Order) Gov. Code Sec 62.109 *…without the right to vote Condition does not affect right to vote, therefore disregard for purposes of voter roll maintenance 12/8/2018

Maintain Voter List Non U.S. Citizen Must send Notice of Examination for Proof of Citizenship TEC§16.0332 Non resident of the County Must send Notice of Address Confirmation and Response Form TGC§62.114(d) Mental Impairment (without the right to vote) Must Immediately Cancel TEC§16.031(a)(3) 12/8/2018