Texas Secretary of State Elections Division 2/16/2019 Counting Your Ballots A cautionary tale… Cities, School and Other Political Subdivisions December 2018 Presented by: Krystine Ramon 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/16/2019 Topics Covered Categories of Ballots Contracting Methods of Voting Central Counting Station Reminders General Counting Reminders Voting System Testing Security Issues 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Decisions Are we contracting with a county? Are we doing a joint election with any other entities? Are we running our own election? Will we have a central counting station or use a traditional polling place set-up? What type of voting system or systems will I be using? How will we meet accessibility requirements? How will each category of ballots be counted? 2/16/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Categories of Ballots 2/16/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Categories of Ballots MUST be counted continuously on Election Day* Early Voting in Person Early Voting by Mail (Received by Election Day) Election Day Ballots Can be counted after Election Day Provisional Ballots (Have 6 days to Cure) Certain LATE Early Voting by Mail Ballots (Ballot by mail by 5pm the following day after election if time stamped by election day or prior) Late Ballots mailed from outside the US *Some exceptions apply in higher population counties. 2/16/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/16/2019 Methods of Voting 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/16/2019 Methods of Voting Three methods of voting in Texas Hand-counted Paper Ballots Ballots Counted with a Scanner Precinct Ballot Scanner Central Scanner Direct Recording Electronic (DRE) Voting System 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Hand Counted Paper Ballots Texas Secretary of State Elections Division 2/16/2019 Hand Counted Paper Ballots As used by the SOS elections division, this term refers to a ballot that is made of paper and meant to be hand counted; not an optical scan ballot that would normally be counted using a precinct ballot counter or a centralized tabulating machine References in the election code to “paper ballots” are referring to hand counted paper ballots. Election Day Precinct Returns are always prepared by presiding judge of polling place. How are ballots counted? Where? When? Election Day Hand tally by Polling Place officials At Polling Place On Election Day -- after at least 10 ballots have been deposited in ballot box, counting may begin. EV Ballots by Mail Hand tally by Early Voting Ballot Board Location of EVBB meeting After the polls open on election day. EV In Person Provisional Ballots/Late Ballots from Overseas Counting must be completed by the 6th day after election day. 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Hand Counted Paper Ballots Texas Secretary of State Elections Division 2/16/2019 Hand Counted Paper Ballots Procedures for conducting a hand count: Election Day Ballots Election Judges and Clerks Handbook, Chapter 5. All Early Voting Ballots, Provisional Ballots Early Voting Ballot Board Handbook, Chapter 3 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Hand Counted Paper Ballots Texas Secretary of State Elections Division 2/16/2019 Hand Counted Paper Ballots How are precinct results accumulated? Presiding judge and the election clerks at the polling place will count the ballots at the polling place. Presiding Judge will complete precinct returns for the polling place. The precinct returns, voted ballots, and other precinct election records are delivered to the General Custodian of Election Records. The General Custodian will take the early voting results, provisional ballot results (if available) and the precinct returns and will add all of them together to determine the unofficial election returns. Ballots are NOT counted by the General Custodian. There is NO Central Counting Station for Hand Counted paper ballots! There is no authority for pollwatchers to be present when the General Custodian is determining unofficial eleciton results. 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Ballots Counted with a Scanner Ballots are designed to be used in a voting system that uses a scanner to read the marked ballots. Ballots are made of paper and marked by using an indelible marker to fill in an oval or arrow next to the candidates’ names or “for” or “against” a ballot measure. Two Variations: Precinct Ballot Scanner: Ballots are deposited by the voter into a scanner at the precinct or polling place. Central Scanner: Ballots are deposited by the voter into a pre-locked, pre-sealed ballot box. The ballot box is later transferred to a central counting station for counting. 2/16/2019 Texas Secretary of State Elections Division

Precinct Ballot Scanner Texas Secretary of State Elections Division 2/16/2019 Precinct Ballot Scanner 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/16/2019 Central Scanner 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Direct Record Electronic (DRE) Voting System Texas Secretary of State Elections Division 2/16/2019 Direct Record Electronic (DRE) Voting System A voting machine that is designed to allow a direct vote on the machine by the manual touch of a screen, monitor, wheel, or other device and that records the individual votes and vote totals electronically. Presiding Judge of Central Counting Station is responsible for preparing precinct returns. Cannot use the same DREs for election day and early voting. Simple chart of who prepares counts, prepares precint returns, election night returns. 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Direct Recording Electronic (DRE) Texas Secretary of State Elections Division 2/16/2019 Direct Recording Electronic (DRE) 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Voting System Accessibility Texas Secretary of State Elections Division 2/16/2019 Voting System Accessibility Requirements Exemptions 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Voting System Accessibility Requirements Texas Secretary of State Elections Division 2/16/2019 Voting System Accessibility Requirements A political subdivision must provide at least one accessible voting machine at each early voting and election day polling place. What are accessible voting machines? 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Accessible Voting Machines Texas Secretary of State Elections Division 2/16/2019 Accessible Voting Machines 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Voting System Accessibility Exemptions Texas Secretary of State Elections Division 2/16/2019 Voting System Accessibility Exemptions If the election does not have a federal office on the ballot, there are limited exemptions from the voting system requirement. Exemptions are based on County population. Located in more than one county? Use largest population county or apply different exemptions to different parts of political subdivision. 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Voting System Exemptions Texas Secretary of State Elections Division 2/16/2019 Voting System Exemptions County Population Possible Exemption Notice Requirements Less than 2,000 Exempt Written Notice to SOS. Publication in Paper 2,000 -5,000 At least one accessible voting station on Election Day. 5,000-10,000 At least one accessible voting station on Election day. At least one accessible voting station during early voting. 10,000-20,000 Must Submit Application for Undue Burden Status to SOS. at least one accessible electronic voting system on election day and during the period of early voting by personal appearance; and At least one accessible voting station at least one time to each branch location, if applicable. Application of Undue Burden to SOS. Notice in Paper. NOTICE/Application to SOS Must be submitted 90 days before election day!!!!! For May 4, 2019 election, that date is February 4, 2019. 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Voting System Accessibility Texas Secretary of State Elections Division 2/16/2019 Voting System Accessibility SOS recommendation – Always have an accessible voting machine in every election day polling place and early voting location. 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Central Counting Station Reminders 2/16/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/16/2019 Reminders Central Counting Station Manager must establish and implement a written plan for conducing the CCS. The Central Counting Station Plan must be made available to the public on request not later than 5 P.M. on the fifth day before the date of election. Presiding Judge is responsible for determining voter intent. CCS is not open to the public. Poll watchers CAN be present Keep counting until you’re done. You can’t go home and come back in the morning to resume counting activities. After CCS has adjourned, there is no authority to reconvene CCS to resolve errors. (COURT ORDER) 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

General Counting Reminders 2/16/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 2/16/2019 General Reminders Double check the number of voters that voted at each polling place to your totals for that polling place. If your total number of voters doesn’t match your total number of voted ballots by a substantial amount, you may have a problem. If you have questions, contact the SOS THAT NIGHT!!!! Illegal voting, ballot boxes counted twice, locked up results, 2/16/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Election Night Returns Texas Secretary of State Elections Division Who is responsible for preparing election night returns and precinct returns? Precinct Returns Election Night Returns Traditional Polling Place Set up Presiding Judge of Polling Place General Custodian of Election Records Central Counting Station Presiding Judge of Central Counting Station Central Counting Station. (Secs. 66.056, 127.131) 2/16/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division At the end of the night…. You should have the following: Precinct Returns (65.014, 127.131) Unofficial Results (66.056, 127.1311) 2/16/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Announcing Results Traditional Polling Place set-up Precinct Results PJ can make periodic announcements after the polls close and the last voter has voted. (65.015) Election Results Custodian shall periodically make a public announcement of the unofficial tabulation. (66.056) Central Counting Station Precinct Results and Election Results Unofficial election results shall be released as soon as they are available after the polls close. (127.1311) 2/16/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Common Mistakes Early Voting Clerk DOES NOT Count Ballots!! Early Voting ballots must be counted by EVBB or Central Counting Station. Election Day ballots are counted either by polling place workers or central counting station, depending on the systems. Counting MUST occur on election day/night. You can’t stop and come back in the morning to resume counting. 2/16/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Questions? 2/16/2019 Texas Secretary of State Elections Division