1. Texas Secretary of State Elections Division
11/21/2018
Counting Your Ballots
A cautionary tale…
Christina Worrell Adkins
Election Law Seminar July 2016
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. Texas Secretary of State Elections Division
11/21/2018
Topics Covered
Methods of Voting
Central Counting Station Reminders
Voting System Testing
Security Issues
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

3. Texas Secretary of State Elections Division
11/21/2018
Methods of Voting
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

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

5. Hand Counted Paper Ballots
Texas Secretary of State Elections Division
11/21/2018
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
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

6. Hand Counted Paper Ballots
Texas Secretary of State Elections Division
11/21/2018
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
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

7. Hand Counted Paper Ballots
Texas Secretary of State Elections Division
11/21/2018
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.
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

8. 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.
11/21/2018
Texas Secretary of State Elections Division

9. Precinct Ballot Counter
Texas Secretary of State Elections Division
11/21/2018
Precinct Ballot Counter
Ballots are deposited by the voter into a scanner at the precinct or polling place.
NEW Changes to Texas Administrative Code related to Precinct Ballot Counters.
When are Ballots Counted?
Who Prepares precinct returns?
Election Day
On Election Day at polling place.
Presiding Judge of polling place or, Presiding Judge of CCS, whichever is applicable.
EV in Person (NEW RULE)
After the polls open on election day, or earlier if authorized under
Presiding judge of EVBB or Presiding Judge of CCS, whichever is applicable.
EV by Mail (NEW RULE)
After the polls open on election day or earlier if authorized under
Remove and rework chart?? Go through procedures of each variation….. Chart for each situation.
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

10. Changes to Precinct Ballot Counter Rules
PREVIOUS RULE: PBC’s could only be used during early voting by personal appearance or as a central scanner, if there was a real-time audit log printer attached. No PBC in the country was certified with this set up.
NEW RULE: PBC does not need real time audit log printer for use during early voting or as a central accumulator, but certain procedures outlined in the administrative code must be followed.
11/21/2018
Texas Secretary of State Elections Division

11. Highlights of changes to PBC rules
Authority conducting election may create a Central Counting Station for the counting of write-ins, mail ballots, and the accumulation of results.
Rule provides specific procedures for using PBCs:
On Election Day in a traditional polling place.
On Election Day with a central counting station.
During Early Voting by Personal Appearance
For Counting Early Voting by Mail ballots, and
How to prepare procedures for preparing precinct returns and election night totals.
11/21/2018
Texas Secretary of State Elections Division

12. Texas Secretary of State Elections Division
11/21/2018
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.
Irregularly marked ballots are reviewed for voter intent and duplicated to be counted by scanner.
Write-in votes are counted manually by central counting station personnel.
When are ballots counted?
Who prepares precinct returns?
Election day
After the polls close on election day.
Returns prepared by Presiding Judge of Central Counting Station
EV ballots by Mail
After the polls open on election day. (Unless larger county and authorized to begin counting earlier under )
EV in Person
Returns prepared by Presiding Judge of Central Counting Station.
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

13. Direct Record Electronic (DRE) Voting System
Texas Secretary of State Elections Division
11/21/2018
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.
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

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

15. Central Counting Station Reminders
11/21/2018
Texas Secretary of State Elections Division

16. Texas Secretary of State Elections Division
11/21/2018
Reminders
Central Counting Station Manager must establish and implement a written plan for conducing the CCS.
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)
Contact the SOS if the following things happen:
Unresolvable errors in counting.
Results will be late.
Unsure or uncomfortable with assistance from vendor.
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

17. Texas Secretary of State Elections Division
11/21/2018
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, you may have a problem.
If you have questions, contact the SOS THAT NIGHT!!!!
Illegal voting, ballot boxes counted twice, locked up results,
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

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

19. Texas Secretary of State Elections Division
11/21/2018
Voting System Testing
Logic and Accuracy Testing
Testing of Tabulation Equipment
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

20. Texas Secretary of State Elections Division
11/21/2018
Voting System Testing
For every election, you must conduct:
Logic and Accuracy Testing (L&A)
Subchapter B, Chapter 129,Texas Election Code
Testing of Tabulation Equipment
Subchapter D, Chapter 127, Texas Election Code
Advisory: _______________________
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

21. Logic And Accuracy Testing
Texas Secretary of State Elections Division
11/21/2018
Logic And Accuracy Testing
What is it? Testing an election definition to ensure that it has been set up correctly -- that each contest, candidate, or measure can be voted on and receives the correct number of votes; that all ballot styles are accurate.
Public L&A Test must occur at least 48 hours before voting begins on a voting system.
SOS RECOMMENDATIONS:
Run an internal L&A test before your public test.
Schedule public test before mail ballots are mailed out.
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

22. Testing of Tabulation Equipment
Texas Secretary of State Elections Division
11/21/2018
Testing of Tabulation Equipment
What is it? Testing the automatic tabulating equipment used for counting ballots to make sure that it accurately count the ballots cast.
Three Required Tests:
Test 1 (Public Test)- must be conducted at least 48 hours before the equipment is used to count ballots in an election.
Test 2 – conducted immediately before the counting of ballots
Test 3– conducted immediately after the counting of ballots.
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

23. Texas Secretary of State Elections Division
11/21/2018
Voting System Testing
L&A Test and the public Test of the Tabulating Equipment should be conducted at the same time.
The test ballots you use for the L&A testing will produce results that you use for the testing of the tabulation equipment.
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

24. Texas Secretary of State Elections Division
11/21/2018
Security Issues
Security Procedures
Chain of Custody
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

25. Texas Secretary of State Elections Division
11/21/2018
Security Procedures
Required Procedures under Section
Inventory of all electronic information storage media.
Develop procedure for tracking chain of custody
Establish a secure location for:
storing electronic storage media when not in use,
coding a medium for election,
transferring and installing the medium into the voting system equipment, and
storing after it’s been loaded into equipment.
Create a recovery plan in case there is breach in security procedures.
Perform background checks on appropriate personnel.
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

26. Texas Secretary of State Elections Division
11/21/2018
Chain of Custody
Section (b), Texas Election Code provides as follows:  
“The general custodian of election records shall develop a procedure for tracking the custody of each electronic information storage medium from its storage location, through election coding and the election process, to its final post-election disposition and return to storage. The chain of custody must require two or more individuals to perform a check and verification check whenever a transfer of custody occurs.”
Chain of Custody Forms:______________________________
11/21/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division