1. Preparing for Your Election
Texas Secretary of State Elections Division
11/6/2018
Preparing for Your Election
Tim Juro
2017 – CSO Election Law Seminar
11/6/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. Texas Secretary of State
138th Day Before Election Day = Notice of Filing Period 108th Day Before Election Day = First Day a Candidate May File 78th Day Before Election Day = Deadline to Order Election Deadline for Candidate to File for Place on Ballot But, before all of this…
11/6/2018
Texas Secretary of State

3. Texas Secretary of State
Agenda
Type of Entity/Term Lengths
Method of Election
Vote Requirement
Voting Systems
Creating your Ballots
Election Workers
List of Registered Voters
Polling Places
Supplies
Resources
11/6/2018
Texas Secretary of State

4. Type of Entity/Legal Situations
Determine the type of your entity, and any legal situations impacting your entity, i.e. court orders.
Why is it important?
Determines the law governing your entity.
Assists in properly calling elections/special elections.
Determines if you can move your date of general election.
May have certain requirements under a court order.
Look at your handbook!
11/6/2018
Texas Secretary of State

5. Texas Secretary of State
Type of Entity
Examples for Cities:
Type A
Type B
Type C
Home Rule
Examples of Water Districts:
Municipal Utility Districts
Water Improvement Districts
11/6/2018
Texas Secretary of State

6. Texas Secretary of State
Term Lengths
Determine the term lengths for your entity’s governing body.
Why is this important?
Assists in determining what offices will go on the ballot, and if an election needs to be called.
Assists in determining if a special election needs to be called.
Assists candidates in determining what positions will be on the ballot.
11/6/2018
Texas Secretary of State

7. Texas Secretary of State
Method of Election
Determine your political subdivision’s method of election.
Why is this important?
Allows the election to be ordered correctly.
Ensures that ballots are correct.
Allows candidates to know what positions will be on the ballot, and if they are eligible.
Avoids challenge to the election.
11/6/2018
Texas Secretary of State

8. Texas Secretary of State
Method of Election
Options:
Pure-at-Large
At-Large-By-Place/Position
Single Member District
Combination of At-Large and Single Member
Cumulative
11/6/2018
Texas Secretary of State

9. Texas Secretary of State
Pure at-Large
The candidates run as one group on the ballot.
All qualified voters in the political subdivision may vote in the race.
The top “vote-getters” win the number of positions available.
Generally, pure at-large is the “default” method of election for cities and school districts, and it takes an action by the governing body (or a court) to change method of election.
Special Law Districts have method of election set by enacting legislation.
11/6/2018
Texas Secretary of State

10. Texas Secretary of State Elections Division
11/6/2018
Pure at-Large
Ballot: Results:
Election Results
May 5, 2018
Candidates Votes
Barney 61
Fred 122
Wilma 133
Bam Bam 71
Dino 85
TOTAL 472
City of Bedrock
General Election
City Council
Vote for none, one, two, or three
Barney
Fred
Wilma
Bam Bam
Dino
City of Bedrock
Type A City: 1 Mayor, 5 City Councilmembers
3 council positions expire in 2018
5 people submit applications and are accepted to be on the ballot
11/6/2018
Texas Secretary of State
Texas Secretary of State Elections Division

11. At-Large By Place/Position
The candidates run in separate groups on the ballot for each available position.
All voters within political subdivision get to vote in all races.
It generally takes an act of the governing body or a court order to move to this type of method of election.
11/6/2018
Texas Secretary of State

12. At-Large By Place/Position
Texas Secretary of State Elections Division
11/6/2018
At-Large By Place/Position
Ballot Results
Election Results
May 5, 2018
Place 2
Candidates Votes
Dorothy 57
Toto 122
Scarecrow 84
TOTAL 263
Place 5
Tin Man 171
Lion 85
TOTAL 256
Emerald Independent School District
General Election
Board of Trustees, Place 2
Dorothy
Toto
Scarecrow
Board of Trustees, Place 5
Tin Man
Lion
Bears ISD
Board of Trustees: 5 positions/places
Place 2 and Place 5 expire in 2018
3 people submit applications for Place 2
2 people submit applications for Place 5
11/6/2018
Texas Secretary of State
Texas Secretary of State Elections Division

13. Single Member District
The territory of the political subdivision is divided into districts, and candidates run in their district of residence.
ONLY voters within the district can vote.
It generally takes an act of the governing body or a court order to move to this type of method of election.
11/6/2018
Texas Secretary of State

14. Single Member District
Example:
City of Hoo
Home Rule City: 5 Single Member Districts
District 1 and District 3 positions expire in 2018
3 people submit applications for District 1
2 people submit applications for District 3
11/6/2018
Texas Secretary of State

15. Single Member District
Ballot Results
Election Results
May 5, 2018
District 1
Candidates Votes
Poe 125
O’Keefe 85
Byrd 175
TOTAL 385
District 3
Marshburn 101
Melvin 192
TOTAL 293
City of Hoo
General Election
District 1
Poe
O’Keefe
Byrd
District 3
Marshburn
Melvin
11/6/2018
Texas Secretary of State

16. Combination of At-Large & Single Member
Political subdivision is divided into single member districts where voters from that district elect a representative, but also elect at-large members.
Example:
Eagle ISD:
5 Single Member Trustee Districts
2 At-Large Positions
11/6/2018
Texas Secretary of State

17. Texas Secretary of State
Cumulative Voting
Candidates appear in one group on the ballot, voters cast as many votes as there are open seats and can put more than one vote on a preferred candidate.
RARE in Texas, but some school/college and special law districts use cumulative voting.
11/6/2018
Texas Secretary of State

18. Texas Secretary of State
Method of Election
If you don’t know your method of election:
Home-Rule Charters
Enacting legislation
Previous election records, including sample ballots
Newspapers articles
Historical DOJ submission files
Internal files – board records
Legal Files, including court orders
School district policy manual
11/6/2018
Texas Secretary of State

19. Texas Secretary of State
Vote Requirement
Plurality: A candidate must receive more votes than any other candidate for the office.
Tie Vote Second Election: If two or more candidates tie, must hold second election. (2.002)
Majority Vote: A candidate must receive more than 50% of the total vote.
Runoff Election: If no candidate received the vote necessary to be elected in an election requiring a majority vote, a runoff election is required. (2.021)
11/6/2018
Texas Secretary of State

20. Texas Secretary of State
Voting Systems
Determine what voting systems your entity will use in the upcoming election.
Why is this important?
Helps meet federal and state law requirements.
If you are exempt from requirements, must apply/notify SOS no later than 90th day before election.
Helps establish the cost of the election.
Helps determine contracting/joint election needs.
Helps establish what supplies will be needed.
Helps determine what kind of training you will need to provide to election judges/clerks.
11/6/2018
Texas Secretary of State

21. Texas Secretary of State
Voting Systems
Review what was used in your last election:
Hand counted paper ballots
Electronic Voting Systems:
Optical scan ballots
DREs
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Texas Secretary of State

22. Voting System Accessibility
Accessible voting system must comply with:
Section 504 of the federal Rehabilitation Act of 1973;
Title II of the federal Americans with Disabilities Act; and,
52 U.S.C. Section 21081(a)(3)
11/6/2018
Texas Secretary of State Elections Division

23. Accessible Voting System Exemption
If an election without a federal office on the ballot; and
Located in county population of under 20,000 ↓
May qualify for an exemption or undue burden status.
December 2014
Texas Secretary of State Elections Division

24. Texas Secretary of State Elections Division
Population less than 2,000
Exempt from the accessible voting system requirement.
Reasonable accommodation:
A voter may request by the 21st day before election day.
11/6/2018
Texas Secretary of State Elections Division

25. Texas Secretary of State Elections Division
Population 2,000 – 5,000
Must provide at least one accessible electronic voting system on election day.
Location of accessible voting system:
Recommend – at the early voting clerk’s office (if more than one EV location).
11/6/2018
Texas Secretary of State Elections Division

26. Texas Secretary of State Elections Division
Population 5,000 – 10,000
Must provide one accessible electronic voting system on election day AND early voting period.
Location of accessible voting system:
Early voting period – at the early voting clerk’s office (if more than one EV location).
Election day – at the main early voting polling place.
11/6/2018
Texas Secretary of State Elections Division

27. Texas Secretary of State Elections Division
Exemption
Notice & Publication Requirement
Written notice to SOS
No later than 90 days before election day
Newspaper publication (Population 1,000-10,000)
No later than 15 days before start of early voting
Newspaper – general circulation
11/6/2018
Texas Secretary of State Elections Division

28. Texas Secretary of State Elections Division
Population of 10,000 – 20,000
Application of Undue Burden Status
show that compliance would cause undue burden due to:
Increased in costs by at least 25% as compared with last general election held before January 1, 2006
Deadline – 90th day before election day.
11/6/2018
Texas Secretary of State Elections Division

29. Texas Secretary of State Elections Division
Population of 10,000 – 20,000
May provide fewer accessible voting systems IF comply with the following:.
Submit an application of undue burden status
Submit application to SOS, no later than 90th day before election day
11/6/2018
Texas Secretary of State Elections Division

30. Texas Secretary of State Elections Division
Population of 10,000 – 20,000
IF SOS approves – entity must:
Provide at least one accessible voting system during early voting period AND election day
Branch EV locations – provide one mobile accessible voting system
least once to each branch location
Newspaper Publication
11/6/2018
Texas Secretary of State Elections Division

31. Political Subdivisions - in more than one county
Fall into one of the 4 categories, you choose to be considered either:
being located in the county that contains the greatest # of registered voters of the subdivision; or
for each portion of the subdivision located in a different county to be considered as a separate subdivision
11/6/2018
Texas Secretary of State Elections Division

32. Texas Secretary of State Elections Division
Methods of Voting
Paper Ballots that are hand counted.
Paper Ballots that are counted with an Optical or Digital Scanner based Voting System.
Direct Recording Electronic (DRE) Voting System.
11/6/2018
Texas Secretary of State Elections Division

33. Hand Counted Paper Ballots
References in the election code to “paper ballots” are referring to hand counted paper ballots.
Procedures for conducting a hand count:
Election Judges and Clerks Handbook, Chapter 5.
Early Voting Ballot Board Handbook, Chapter 3
11/6/2018
Texas Secretary of State Elections Division

34. Paper Ballots Counted with a Scanner based Voting System
Two different methods:
Precinct Ballot Counter (ex: M100, eScan)
Central Tabulator
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.
11/6/2018
Texas Secretary of State Elections Division

35. Direct Record Electronic (DRE) Voting System
DRE’s are voting machines 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.
11/6/2018
Texas Secretary of State Elections Division

36. 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 of the Texas Election Code, UOCAVA, MOVE.
45th day before May 5, 2018=
Wednesday, March 21, 2018
11/6/2018
Texas Secretary of State Elections Division

37. 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)
11/6/2018
Texas Secretary of State Elections Division

38. 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.
11/6/2018
Texas Secretary of State Elections Division

39. 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.
each proposition stating a measure shall appear on the ballot after the listing of offices= Section (c) & (d) of the Texas Election Code
NEW: Propositions must include the name of the entity in the title, must be designed by letter, not number
“voting squares” and mandatory instructions = Sections , & of the Texas Election Code.
11/6/2018
Texas Secretary of State Elections Division

40. Center for Civic Design
10 key guidelines for designing usable ballots.
These are recommendations but are not required under Texas law.
11/6/2018
Texas Secretary of State Elections Division

41. Texas Secretary of State Elections Division
1. Use lowercase letters.
Lowercase letters are more legible than ALL CAPITAL LETTERS because they make shapes that are easier to recognize.
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Texas Secretary of State Elections Division

42. Texas Secretary of State Elections Division
2. Avoid centered type.
Left aligned type is more legible than centered type, which forces the eyes to hunt for the start of the next line.
11/6/2018
Texas Secretary of State Elections Division

43. Texas Secretary of State Elections Division
3. Use big enough type.
Small print is hard to read for many voters.
Use these minimum type sizes:
12 point for print
mm for screen
Larger text may increase the number of page but it is a worthwhile investment in election accuracy.
11/6/2018
Texas Secretary of State Elections Division

44. 4. Pick one sans-serif font.
Use sans-serif fonts with clean strokes.
For dual language material, use box text for the primary language, regular text for the secondary language.
Using one font makes the ballot more unified. Different fonts make the voters stop reading and adjust.
11/6/2018
Texas Secretary of State Elections Division

45. 5. Support process and navigation.
Put instructions where they are needed. Use page (or screen) numbering to show progress.
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Texas Secretary of State Elections Division

46. 6. Use clear, simple language.
Make instructions and options as simple as possible.
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Texas Secretary of State Elections Division

47. 7. Use accurate instructional illustrations.
Visual instructions help low-literacy and all voters.
Illustrations must be accurate in their details, highlighting the most important instructions.
Do not use photographs.
11/6/2018
Texas Secretary of State Elections Division

48. 8. Use informational icons (only).
Use icons that call attention to key information and support navigation with care.
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Texas Secretary of State Elections Division

49. 9. Use contrast and color to support meaning.
Use color and shading consistently:
On paper ballots, to separate instructions from contests and contests from each other.
11/6/2018
Texas Secretary of State Elections Division

50. 10. Show what’s most important.
Use layout and text size to help voters know what to pay attention to.
Ballot title should be the most prominent.
Contest header should be more prominent than the candidates name.
11/6/2018
Texas Secretary of State Elections Division

51. 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.
11/6/2018
Texas Secretary of State Elections Division

52. Texas Secretary of State Elections Division
Ballot Drawing
Who conducts drawing?
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.
11/6/2018
Texas Secretary of State Elections Division

53. Texas Secretary of State Elections Division
Ballot Drawing
Notice Requirements for Candidates
City Elections or 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
11/6/2018
Texas Secretary of State Elections Division

54. 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.
11/6/2018
Texas Secretary of State Elections Division

55. 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 (May 2017 uniform date or earlier, as applicable) to perform calculations.
11/6/2018
Texas Secretary of State Elections Division

56. Texas Secretary of State Elections Division
11/6/2018
Ballot Correction
Occurs when mistake on ballot could affect the choice of the voter.
Three options for correcting a ballot:
Stickers,
Line out or otherwise obscure, or
Reprint.
11/6/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

57. Texas Secretary of State Elections Division
Ballot Correction
Requirements for a Ballot Correction: ( , Election Code)
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.
11/6/2018
Texas Secretary of State Elections Division

58. List of Registered Voters
Talk to your county voter registrar to see if your political subdivision’s information is the most up-to-date.
Why is this important?
Ensures correct list of registered voters can be provided by Voter Registrar(s).
Ensures voters get the correct ballot, and ensure voters that are registered are allowed to vote.
Avoids challenge to the election.
11/6/2018
Texas Secretary of State

59. List of Registered Voters
The County Voter Registrar will prepare the list upon request.
If the list is to include voters from county election precincts partly located in your entity’s territory, you must include a map of the boundaries.
The map must be sufficient in detail to allow the registrar to prepare the list.
The map must be provided with enough time to allow the registrar to prepare the list. [18.001]
11/6/2018
Texas Secretary of State

60. List of Registered Voters
Review information with your voter registrar especially if your political subdivision has:
Recently been created
Recently been incorporated
Annexed land
Redistricted
Changed to single member districts for method of election
11/6/2018
Texas Secretary of State

61. Texas Secretary of State
Polling Places
Start to determine location of polling places that you will use for early voting and election day.
Why is this important?
Allows you to work with building owner schedules, e.g. community center.
Allows you to work out cost if there are charges.
Ensures compliance with state and federal law on accessibility.
Ensures that you will have your polling places.
11/6/2018
Texas Secretary of State

62. Texas Secretary of State
Supplies
Order supplies ahead of time.
Why is this important?
Allows you to be prepared for voting by mail, early voting and election day.
Helps determine costs.
Ensures ballots go out on time.
Be sure to allow time to proof ballots.
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Texas Secretary of State

63. Texas Secretary of State
Resources
Calendar
Glossary/Acronym List
Online Outlines:
Cancellation
Local Option Outline
Joint Elections
Handbooks
11/6/2018
Texas Secretary of State

64. Texas Secretary of State
SOS Contact Information
Election Official Toll-Free Line:
Option 2 = Legal
Option 5 = Special Projects (Seminars)
SOS Address:
SOS Website:
11/6/2018
Texas Secretary of State