1. Texas Secretary of State Elections Division
9/18/2018
Early Voting by Mail
ELECTION LAW SEMINAR
For
CC’s, EA’s, & VR’s
Caroline Geppert
July 2014
9/18/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. 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.
Cancellation of ABBM’s
Mailing balloting materials to voter.
Receiving the ballot by mail.
9/18/2018
Texas Secretary of State Elections Division

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

4. Texas Secretary of State Elections Division
WHO CAN VOTE BY MAIL?
65 or older on Election Day
Annual ABBM
Disabled
Absent from County during Early Voting and on Election Day
Confined in Jail
In Address Confidentiality Program
9/18/2018
Texas Secretary of State Elections Division

5. 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
9/18/2018
Texas Secretary of State Elections Division

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

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

8. 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
9/18/2018
Texas Secretary of State Elections Division

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

10. Texas Secretary of State Elections Division
Cancelling Application
Request must be
In writing
Specify election
Be received by 3rd day before election day
Exceptions
Review cancellation request
Cancellation approved
Cancellation denied
Notice of Improper delivery may be presented by voter during early voting or on election day.
9/18/2018
Texas Secretary of State Elections Division

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

12. Texas Secretary of State Elections Division
Mailing Ballot, Con’t
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
Annual ABBM
9/18/2018
Texas Secretary of State Elections Division

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

14. 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
9/18/2018
Texas Secretary of State Elections Division

15. Receiving Early Voting Ballot By Mail, Con’t.
Ballots not timely-returned
Improper delivery
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
9/18/2018
Texas Secretary of State Elections Division

16. 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).
9/18/2018
Texas Secretary of State Elections Division

17. Texas Secretary of State Elections Division
Annual ABBM
Please join me in our break out session on Annual ABBM’s later in the seminar – bring your questions, scenarios, and stories.
9/18/2018
Texas Secretary of State Elections Division