1. Texas Secretary of State Elections Division
9/18/2018
Counting Your Ballots
A cautionary tale…
Christina Worrell Adkins
29th Annual Election Law Seminar
for Cities, School and Other Political Subdivisions
December 2017
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. Texas Secretary of State Elections Division
9/18/2018
Topics Covered
Categories of Ballots
Contracting
Methods of Voting
Central Counting Station Reminders
General Counting Reminders
Voting System Testing
Security Issues
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

3. 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?
9/18/2018
Texas Secretary of State Elections Division

4. Texas Secretary of State Elections Division
Categories of Ballots
9/18/2018
Texas Secretary of State Elections Division

5. 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
Certain LATE Early Voting by Mail Ballots (NEW LAW)
Late Ballots mailed from outside the US
*Some exceptions apply in higher population counties.
9/18/2018
Texas Secretary of State Elections Division

6. Texas Secretary of State Elections Division
9/18/2018
Methods of Voting
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

7. Texas Secretary of State Elections Division
9/18/2018
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
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

8. Hand Counted Paper Ballots
Texas Secretary of State Elections Division
9/18/2018
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.
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

9. Hand Counted Paper Ballots
Texas Secretary of State Elections Division
9/18/2018
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
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

10. Hand Counted Paper Ballots
Texas Secretary of State Elections Division
9/18/2018
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.
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

11. 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.
9/18/2018
Texas Secretary of State Elections Division

12. Precinct Ballot Scanner
Texas Secretary of State Elections Division
9/18/2018
Precinct Ballot Scanner
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

13. Texas Secretary of State Elections Division
9/18/2018
Central Scanner
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

14. Direct Record Electronic (DRE) Voting System
Texas Secretary of State Elections Division
9/18/2018
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.
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

15. Direct Recording Electronic (DRE)
Texas Secretary of State Elections Division
9/18/2018
Direct Recording Electronic (DRE)
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

16. Voting System Accessibility
Texas Secretary of State Elections Division
9/18/2018
Voting System Accessibility
Requirements
Exemptions
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

17. Voting System Accessibility Requirements
Texas Secretary of State Elections Division
9/18/2018
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?
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

18. Accessible Voting Machines
Texas Secretary of State Elections Division
9/18/2018
Accessible Voting Machines
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

19. Voting System Accessibility Exemptions
Texas Secretary of State Elections Division
9/18/2018
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.
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

20. Voting System Exemptions
Texas Secretary of State Elections Division
9/18/2018
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 2016 election, that date is February 6, 2017.
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

21. Voting System Accessibility
Texas Secretary of State Elections Division
9/18/2018
Voting System Accessibility
SOS recommendation – Always have an accessible voting machine in every election day polling place and early voting location.
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

22. Central Counting Station Reminders
9/18/2018
Texas Secretary of State Elections Division

23. Texas Secretary of State Elections Division
9/18/2018
Reminders
Central Counting Station Manager must establish and implement a written plan for conducing the CCS.
NEW LAW: HB 1735 – 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)
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

24. General Counting Reminders
9/18/2018
Texas Secretary of State Elections Division

25. Texas Secretary of State Elections Division
9/18/2018
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,
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

26. 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 , )
9/18/2018
Texas Secretary of State Elections Division

27. Texas Secretary of State Elections Division
At the end of the night….
You should have the following:
Precinct Returns (65.014, )
Unofficial Results (66.056, )
9/18/2018
Texas Secretary of State Elections Division

28. 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. ( )
9/18/2018
Texas Secretary of State Elections Division

29. 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.
9/18/2018
Texas Secretary of State Elections Division

30. Texas Secretary of State Elections Division
Questions?
9/18/2018
Texas Secretary of State Elections Division