1. Texas Secretary of State Elections Division
11/14/2018
May vs. November
Ashley Fischer
28th Annual Election Law Seminar for
Cities, Schools and Other Political Subdivisions
November - December 2016
11/14/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. Texas Secretary of State
Agenda
Changing Date of Election
Time for Ordering Election
Filing Deadlines
Contracting with the County
Precincts and Polling Places
Early Voting Period
Counting Votes and Canvassing
11/14/2018
Texas Secretary of State

3. Changing Date of Election
Q: Can an entity change their election date from May to November? A: Yes. Per S.B. 733 a political subdivision other than a county or municipal utility district may change their date of election to the November uniform election date until December 31, 2016.
11/14/2018
Texas Secretary of State

4. Texas Secretary of State
Issues to Consider
Cities:  Home-rule cities might need charter election.
School Districts:  Mandatory joint election rules (especially if annual elections)
Water Districts (Many):  Section rule - May of an even-numbered year
Hospital Districts (General Law):  Health and Safety Code restricts to May
Special Law Districts:  Does special law restrict the date?
11/14/2018
Texas Secretary of State

5. Texas Secretary of State
– Water Code
Sec TERMS OF OFFICE OF DIRECTORS. (b) After confirmation of a district, an election shall be held on the uniform election date, provided by Section , Election Code, in May of each even-numbered year to elect the appropriate number of directors.
11/14/2018
Texas Secretary of State

6. Texas Secretary of State
– Health & Safety Code
Sec DIRECTOR'S ELECTION.
(a) The initial directors shall be elected at an election to be held on the first Saturday in May following the creation of the district.
(e) After the initial election of directors, an election shall be held on the first Saturday in May each year to elect the appropriate number of successor directors for two-year terms.
11/14/2018
Texas Secretary of State

7. Time for Ordering Election
Deadline
May Even/Odd Uniform Election Date
78th Day Before Election
November Odd Uniform Election Date
November Even General/Uniform Election Date
78th Day Before Election
NEW LAW: S.B – all elections must be ordered on or before the 78th day before election day.
Bond Elections must be ordered according to these deadlines.
Tax Ratification Elections can be ordered on a non-uniform date, depending on the situation.
Elections for Special Districts, e.g. creation, abolishment, etc. are generally required to be held on uniform dates, but there are exceptions.
11/14/2018
Texas Secretary of State

8. Texas Secretary of State
FAQ
Q: If I am a special district, e.g. water district, hospital district, etc., how can I determine if I am required to hold an election on a uniform date? A: We recommend that you speak with your entity’s counsel, if you have one. Also, you may call our office, but we recommend looking for any enacting legislation before calling to help us assist. Many districts’ special laws have been codified to the Special District Laws Code.
11/14/2018
Texas Secretary of State

9. Time for Ordering – Special Elections
Special Election to Fill a Vacancy: If a city is required to hold a special election to fill a vacancy, and the election is required to be held within 120 days of the vacancy, the city must order the election on a uniform date if one falls within the 120 day window.
11/14/2018
Texas Secretary of State

10. Texas Secretary of State
FAQ
Q: How do I know if I need to have an election to fill a vacancy? A: Call us!  We are happy to help, and we recommend determining what type of city you are, i.e. Type A, Type B, Type C or home-rule, as discussed yesterday in the vacancy presentation.
11/14/2018
Texas Secretary of State

11. Texas Secretary of State
Time for Ordering – Vacancy Special Election Held on November Odd or May Even/Odd
NEW LAW: Per S.B election must be ordered by 46th day before the uniform date. Filing deadline will depend on when election is ordered.
Example for vacancy that occurs after January 6, 2017 (120 day window):
Election Ordered By…
Filing Deadline
Uniform Election Date
February 25, 2017 (70th day)
March 6, 2017 (5 p.m.)
May 6, 2017
March 21, 2017 (46th day)
March 27, 2017 (5 p.m.)
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Texas Secretary of State

12. Time for Ordering – Vacancy Special Election Held on November Even
Under , must be ordered by 78th day before the election – just like any other election to be held on the general election date. The filing deadline is the 75th day before the election.
Example for vacancy that occurs after July 10, 2017 (120 day window):
Election Ordered By…
Filing Deadline
Uniform Election Date
August 21, 2017 (78th day)
August 24, 2017 (5 p.m.)
November 7, 2017
11/14/2018
Texas Secretary of State

13. Texas Secretary of State
Filing Deadlines
NEW LAW: S.B amended the filing deadlines/withdrawal deadline to be uniform.
Election
Filing Deadline
Withdrawal Deadline
May Even/Odd Uniform Election Date
78st Day Before Election
71st Day Before Election
November Odd Uniform Election Date
November Even General/Uniform Election Date
78th Day Before Election
11/14/2018
Texas Secretary of State

14. Filing Deadlines – Write-Ins
NEW LAW: S.B amended the filing deadline for write-in candidates to be uniform for all elections and political subdivisions.
Election
Deadline
May Even/Odd Uniform Election Date
74th Day Before Election
November Odd Uniform Election Date
November Even General/Uniform Election Date
11/14/2018
Texas Secretary of State

15. Contracting with the County
In all elections held on a uniform date, you may contract with county.
BUT, in May of even-numbered years, a county with an elections administrator has no duty to contract. (41.001(d))
11/14/2018
Texas Secretary of State

16. Precincts and Polling Places
The locations of your polling places for an election will depend on:
When you are holding the election.
If you are required to hold a joint election, or have executed a joint election agreement.
If you have contracted with the county.
If your political subdivision is in a county that uses countywide polling locations.
11/14/2018
Texas Secretary of State

17. County Election Precincts
The county’s commissioners court will establish county election precincts according to Chapter 42 of the Election Code.
The County Clerk will recommend locations for election day polling places within each county election precinct, with approval of the commissioners court. (43.002)
11/14/2018
Texas Secretary of State

18. Texas Secretary of State
November - Precincts
NEW LAW: All political subdivisions holding an election on the November uniform date MUST use county election precincts.
There is no longer an exception for districts created under Section 52, Art. III or Section 59, Art. XVI and located in Harris County (county with a population of 3.3 million) or adjacent to Harris County are not required to use county election precincts. (H.B. 2027)
11/14/2018
Texas Secretary of State

19. November – Polling Places
Situation
Election Day
Early Voting
No Contract or Joint Election Agreement
County’s Polling Places in Your Territory (42.002(a) and (b))
Must share at least one early voting location used by the county and within your political subdivision. If the main early voting location is selected, must keep the same hours as main early voting location. (85.010)
Contract for Election Services with County
May establish early voting locations separate from the county, or within contract/joint election agreement may opt for county’s early voting locations.
Contract or Joint Election Agreement with County Using Countywide Polling Places
County’s Countywide Polling Places (42.002(a) and )
May establish early voting locations separate from the county, or within contract/joint election agreement may opt for the county’s early voting locations.
Joint Election Agreement with County or Other Entity
May establish early voting locations separate from the county, or within contract/joint election agreement, opt for county’s early voting locations.
11/14/2018
Texas Secretary of State

20. Texas Secretary of State
Requirements under §85.010:
City of Longhorn must share the main EV location or polling place “D.”
City of Aggie must share EV location “B.”
Horned Toad I.S.D. must share main EV location or polling place “A” or “D” or “E.”
Bears I.S.D. must share polling place “B” or “C.”
Roadrunner M.U.D. must share polling place “D.”
ALL may establish additional early voting locations as needed.
§85.010
County of Texas
County Main EV Location A B
= County Early
Voting Locations C E D
City of Longhorn
Roadrunner M.U.D.
Bears ISD
Horned Toad ISD
City of Aggie
11/14/2018
Texas Secretary of State

21. Texas Secretary of State
May – Precincts
NEW LAW: H.B requires that all political subdivisions use county election precincts for elections held on the May uniform date (even or odd), EXCEPT when:
Exceptions
Exception #1
75% or more of temporary branch locations conduct EV on same days/hours as main early voting polling place
AND
remaining temporary branch locations conduct EV on at least 2 consecutive days and at least 8 hours on each day.
Exception #2
Political subdivision does not establish any temporary branch locations, i.e. only has main early voting location.
11/14/2018
Texas Secretary of State

22. Texas Secretary of State
Exceptions
If you meet one of the two exceptions, your political subdivision may establish precincts/polling places before each election, and once established, remain until changed.
NOTE: If your entity changes boundaries or boundaries of election districts, you must notify your county’s voter registrar and provide a map of new boundaries.
11/14/2018
Texas Secretary of State

23. Texas Secretary of State
H.B. 2027
Example: City of Longhorn ONLY establishes main early voting polling place.
Result:
City of Longhorn meets Exception #2, and may establish their own election day precincts/ polling places.
County of Texas
City of Longhorn’s Main Early Voting Polling Place
11/14/2018
Texas Secretary of State

24. Texas Secretary of State
H.B. 2027
Example: Bears ISD establishes main EV polling place and 2 temporary branch locations.
County of Texas
Hours:
Main EV: 8:00 a.m. – 5:00 p.m.
Branch 1: 8:00 a.m. – 4:00 p.m.
Branch 2: 8:00 a.m. – 5:00 p.m.
Result: Bears ISD must use county polling places because both branch locations must have the same hours as Main EV.
75% of 2 = Since, we can’t have ½ a polling place, both locations must meet same hours as Main EV.
Branch 1
Bears ISD
Branch 2
Main EV
11/14/2018
Texas Secretary of State

25. Texas Secretary of State
H.B. 2027
Example: Bears ISD establishes main EV polling place and 2 temporary branch locations.
County of Texas
Hours:
Main EV: 8:00 a.m. – 5:00 p.m.
Branch 1: 8:00 a.m. – 5:00 p.m.
Branch 2: 8:00 a.m. – 5:00 p.m.
Result: Bears ISD meets Exception #1 and may establish their own election day precincts/polling places.
Branch 1
Bears ISD
Branch 2
Main EV
11/14/2018
Texas Secretary of State

26. Texas Secretary of State
H.B. 2027
Example: Bears ISD establishes main EV polling place and 4 temporary branch locations.
County of Texas
Hours:
Main EV: 8:00 a.m. – 5:00 p.m.
Branch 1: 8:00 a.m. – 5:00 p.m.
Branch 2: 8:00 a.m. – 5:00 p.m.
Branch 3: 8:00 a.m. – 5:00 p.m.
Branch 4: 8:00 a.m. – 6:00 p.m.
Result: Bears ISD meets Exception #1 and may establish their own election day precincts/polling places.
75% of 4 = 3
Branch 1
Bears ISD
Branch 2
Branch 3
Main EV
Branch 4
11/14/2018
Texas Secretary of State

27. Texas Secretary of State
H.B. 2027
Branch 4: Must conduct EV at least two consecutive days at one location for at least 8 hours on each of those days.
Which schedule is okay?
Branch 4
Monday
Tuesday
Wednesday
Thursday
Friday
Schedule A
8:00 – 6:00
Library
8:00 – 12:00
School
8:00 – 5:00
Schedule B
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Texas Secretary of State

28. Texas Secretary of State
H.B. 2027
Schedule B is correct.
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Texas Secretary of State

29. Texas Secretary of State
H.B. 2027
In a joint election, if early voting is conducted jointly, the number of locations and hours of the locations established under the joint election agreement will determine if an exception applies.
This is the same for a contract for election services.
11/14/2018
Texas Secretary of State

30. Texas Secretary of State Elections Division
REMEMBER!
Before establishing or changing any precincts or polling places (and any other changes in election standards, practices or procedures) think about compliance with federal and state law!!!
Review federal Voting Rights Act, Americans with Disabilities Act, and similar state law. Speak to your entity’s attorney.
Texas Secretary of State Elections Division
11/14/2018

31. Joint Election – “Common” Polling Places
SHOULD NOT have one common polling place serving multiple precincts – often happens when precincts maps are overlapped.
School Precincts
Common Polling Place for Precincts 1 and 3 1 2 3 1 2 4
City Precincts
Common Polling Place for Precincts 2 and 4 1 2
11/14/2018
Texas Secretary of State

32. Joint Election – “Common” Polling Places
Instead should establish precinct line, and then use different ballot styles for election territories.
Common Polling Place for Precinct 1 – will have different ballot styles available for voters-those that reside in school district will get a school ballot and city ballot, those living outside school district, only get city ballot.
Precinct 2
Precinct 1
Common Polling Place for Precinct 2 – Same concept- have different ballot style for voters to get correct ballot based on residence.
11/14/2018
Texas Secretary of State

33. Joint Election – “Common” Polling Places
A polling place may be established outside of the boundary/election precinct if location will “adequately and conveniently” serve the voters. ( (b)).
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Texas Secretary of State

34. Texas Secretary of State
Runoff Elections
There are no specific requirements for what polling places to use in a runoff election, but narrow territory to runoff area, e.g. Trustee Place 1 or Council Place 2. However, we recommend using the same polling places used in the initial election to avoid voter confusion.
If contracting with a county that uses countywide polling places, only have to use polling places within runoff territory, not whole county. (43.004(c))
11/14/2018
Texas Secretary of State

35. Early Voting In-Person Period Texas Secretary of State
Early Voting Period
The early voting periods are different for different elections:
Election
Early Voting In-Person Period
May Even/Odd
12th day through 4th before election
May Runoff from Uniform
November Even/Odd
17th day through 4th before election
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Texas Secretary of State

36. Counting Votes and Canvassing
Election
Deadline for Voter Registrars Review of Provisional Ballots
Deadline for EVBB to Count Ballots (Provisional & Overseas)
Period for Canvass
May Even/Odd
6th Day After Election
9th Day After Election
3rd Day After Election - 11th Day
November Odd
8th Day After Election - 11th day
November Even
7th Day After Election
13th Day After Election
8th Day After Election – 14th Day
See Section and 1 T.A.C
11/14/2018
Texas Secretary of State