1. Texas Secretary of State Elections Division
11/21/2018
Early Voting by Mail
26th ANNUAL ELECTION LAW SEMINAR
For
Cities, School, and Other Political Subdivisions
Caroline Geppert
December 2014
11/21/2018
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.
Mailing balloting materials to voter.
Receiving the ballot by mail.
Signature Verification Committee (not covered in this presentation)
11/21/2018
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
Compensation
City Secretary – none
Others – may receive compensation
11/21/2018
Texas Secretary of State Elections Division

4. Texas Secretary of State Elections Division
WHO CAN VOTE BY MAIL?
65 or older on Election Day
Disabled
Absent from County during Early Voting and on Election Day
Confined in Jail
In Address Confidentiality Program
11/21/2018
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
11/21/2018
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
11/21/2018
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)
11/21/2018
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
11/21/2018
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
11/21/2018
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 the EV Clerk by the 3rd day before election day
Be Received before the marked ballot is returned to the EV Clerk
Exception #1: AFTER EARLY VOTING BY PERSONAL APPEARANCE HAS CLOSED: Request may be submitted at the early voting clerk’s office, but it must be submitted in person by the voter. Also, the voter must accompany the request with the ballot or sign an affidavit that the ballot was never received.
Exception #2: DURING EARLY VOTING BY PERSONAL APPEARANCE OR ON ELECTION DAY AT EARLY VOTING OR ELECTION DAY POLLING PLACE: At any early voting polling place or at the voter’s election day precinct polling place, a voter may cancel by returning the mail ballot OR presenting a “Notice of Improper Delivery” to the polling place official.
Exception #3: An applicant may cancel even if the marked ballot has been received by the early voting clerk if the applicant appears in person to the main early voting clerk and executes an affidavit stating that the voter did not mark the ballot as long as the ballot has not yet been delivered to the early voting ballot board. [Section (e)]
11/21/2018
Texas Secretary of State Elections Division

11. Cancelling Applications, cont.
Review cancellation request
Cancellation approved
Notice of Cancellation provided to voter; voter may bring to polling place and vote in person
Remove voter’s name from EV Roster & EV precinct list (if list not yet sent to Eday Judge)
Remove notation on List of Registered Voters that voter was mailed ballot
Attach cancellation request to ABBM and retain with other election records
Cancellation denied
Notify voter of rejection and reason; retain cancellation request
NOTE: A voter who requested a ballot by mail, did not return the ballot by mail, and now no longer has the ballot by mail, may cast a provisional ballot either during early voting or on election day by completing an affidavit indicating that he or she has not voted by mail and is a registered voter in the precinct, per Section (a-1).
11/21/2018
Texas Secretary of State Elections Division

12. 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
11/21/2018
Texas Secretary of State Elections Division

13. Texas Secretary of State Elections Division
Mailing Ballot, Cont.
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
11/21/2018
Texas Secretary of State Elections Division

14. 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
11/21/2018
Texas Secretary of State Elections Division

15. 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
11/21/2018
Texas Secretary of State Elections Division

16. Receiving Early Voting Ballot By Mail, Cont.
Ballots not timely-returned
Improper delivery
Notice of Improper delivery may be presented by voter during early voting or on election day; voter may vote in person.
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
11/21/2018
Texas Secretary of State Elections Division

17. 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).
11/21/2018
Texas Secretary of State Elections Division

18. 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).
11/21/2018
Texas Secretary of State Elections Division

19. Signature Verification Committee
Will be covered in Early Voting Ballot Board talk later today.
11/21/2018
Texas Secretary of State Elections Division