1. Preparing Your Ballots
Texas Secretary of State Elections Division
12/5/2018
Preparing Your Ballots
Christina Worrell Adkins
Election Law Seminar 2016
12/5/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. Texas Secretary of State Elections Division
Topics Covered
Methods of Voting
Ballot Preparation
Format of Ballots
Minimum Number of Ballots
Ballot Correction
Emergency Ballots
12/5/2018
Texas Secretary of State Elections Division

3. Paper Ballots Counted with a Scanner based Voting System
Two different methods:
Precinct Ballot Counter (ex: M100, eScan)
Central Scanner
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.
12/5/2018
Texas Secretary of State Elections Division

4. Direct Record Electronic (DRE) Voting System
DRE’s are voting machines that 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.
12/5/2018
Texas Secretary of State Elections Division

5. Accessible Voting Machine Requirements
Requirement under both state and federal law to have at least one accessible voting machine at each polling place.
For November 8, 2016, there are NO exemptions available because this election has federal offices on the ballot.
12/5/2018
Texas Secretary of State Elections Division

6. Texas Secretary of State Elections Division
Ballot Preparation
12/5/2018
Texas Secretary of State Elections Division

7. 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 November 8, 2016=
September 24, 2016
12/5/2018
Texas Secretary of State Elections Division

8. 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)
12/5/2018
Texas Secretary of State Elections Division

9. Texas Secretary of State Elections Division
Ballot Certification
In August, counties will receive the ballot certification documentation from the SOS.
Notification that Ballot Certification is complete on SOS website.
All Federal, State, District, and local party nominees (for major parties), will be certified through SOS website.
Local independent and write-in candidates will be certified by County Judge.
12/5/2018
Texas Secretary of State Elections Division

10. Texas Secretary of State Elections Division
Ballot Certification
What offices?
Who Certifies?
How will you get certification?
Federal, State, District Party Nominees
Secretary of State
SOS will send notification that certification is complete on SOS website
Federal, State, District Independent Candidates and Write-ins
County Party Nominees, replacement nominees
County Party Chairs
Certification will be completed vis SOS website, or via minor parties
County Independent and Write-in Candidates
County Judge
Directly from County Judge
Local Offices (Cities, School Districts, etc.)
Authority responsible for preparing ballot
Directly from local authority
12/5/2018
Texas Secretary of State Elections Division

11. Texas Secretary of State Elections Division
Ballot Format
12/5/2018
Texas Secretary of State Elections Division

12. 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.
12/5/2018
Texas Secretary of State Elections Division

13. 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.
“voting squares” and mandatory instructions = Sections , & of the Texas Election Code.
The word “Incumbent” is NOT permitted on the ballot.
12/5/2018
Texas Secretary of State Elections Division

14. Ballot Format Requirements
Order of races = Section of Texas Election Code.
No guidance in election code about placement of local races.
Party Columns = Section of the Texas Election Code.
Order determined by number of votes received statewide by each party’s candidate for governor in the most recent gubernatorial general election.
SOS Sample Ballot will contain proper order.
12/5/2018
Texas Secretary of State Elections Division

15. Texas Secretary of State Elections Division
Ballot Drawing
Who conducts drawing?
General Election for State and County Officers
Order determined by ,
Other Elections:
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.
12/5/2018
Texas Secretary of State Elections Division

16. Texas Secretary of State Elections Division
Ballot Drawing
Notice Requirements for Candidates
City Elections or other 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
12/5/2018
Texas Secretary of State Elections Division

17. 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.
12/5/2018
Texas Secretary of State Elections Division

18. 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.
12/5/2018
Texas Secretary of State Elections Division

19. Minimum Number of Ballots
12/5/2018
Texas Secretary of State Elections Division

20. 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 (November 2008, as applicable) to perform calculations.
12/5/2018
Texas Secretary of State Elections Division

21. Example of Ballot Calculation
Precinct 1
10% voter turnout.
There are currently 595 registered voters.
20 registered voters are designated with an "S" in precinct 1.
= 575
10% x 575 = 57
57 x 25% = 14
Therefore:
= 71 (minimum number of ballots to be ordered for precinct 1)
Note: This is a formula for the minimum number of ballots to be ordered. Local issues and circumstances may require that more ballots be ordered.
12/5/2018
Texas Secretary of State Elections Division

22. Texas Secretary of State Elections Division
Ballot Correction
12/5/2018
Texas Secretary of State Elections Division

23. Texas Secretary of State Elections Division
12/5/2018
Ballot Correction
Occurs when mistake on ballot could affect the choice of the voter.
Three options for correcting a ballot:
Stickers (paper ballot only),
Line out or otherwise obscure (paper ballot only), or
Reprint or Reprogram!
12/5/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

24. Texas Secretary of State Elections Division
Ballot Correction
Requirements for a Ballot Correction: ( )
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.
12/5/2018
Texas Secretary of State Elections Division

25. Texas Secretary of State Elections Division
Ballot Correction
Ballot by Mail Procedure
EVC shall mail corrected ballot to all mail voters.
EVC make notation on both carrier and ABBM that voter received a corrected ballot.
EVC shall maintain a list of all voters receiving a corrected ballot.
New balloting materials shall include a notice containing
Explanation of why voter is receiving corrected ballot
Instruction to destroy the original ballot if it has not yet been returned
Notification that if voter returns original ballot but not corrected ballot, the original ballot will still be counted. .
12/5/2018
Texas Secretary of State Elections Division

26. Texas Secretary of State Elections Division
Emergency Ballots
To be used when…
When your ballots are not ready for sending out ballots by mail.
A polling place runs out of ballots
You have technical problems with a voting system.
You do not need permission from the SOS to create emergency ballots. However, please notify SOS if this occurs on election day as this could affect ENR.
12/5/2018
Texas Secretary of State Elections Division

27. Texas Secretary of State Elections Division
Emergency Ballots
What can a presiding judge use for emergency ballots?
Extra election day ballot stock.
Early voting ballot stock.
Photo copies of official ballot.
Photocopies of a sample ballot.
Blank pieces of paper for voter to write choices.
12/5/2018
Texas Secretary of State Elections Division

28. Texas Secretary of State Elections Division
Emergency Ballots
How to create emergency ballots…
Before copying an official ballot, white out or obscure the ballot number printed on the ballot.
Presiding judge must serially number ballots beginning with next number from ballot order.
Ballots should be disarranged on table for voters.
Make note on ballot register how many emergency ballots were created and the range of numbers used to create ballots.
NOTE: If you using official election day or early voting ballot stock, you do not have to renumber. You are required to note ballot number ranges on ballot register. And presiding judge must sign the back of ballots.
12/5/2018
Texas Secretary of State Elections Division

29. Texas Secretary of State Elections Division
Questions?
12/5/2018
Texas Secretary of State Elections Division