1. Texas Secretary of State Elections Division
12/6/2018
Branch Early Voting
Andre Montgomery, Staff Attorney
Elections Division - Texas Secretary of State
26th Annual Election Seminar – December 2014
12/6/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. Texas Secretary of State Elections Division
Agenda
Chapter 85 – Subchapter C:
Types of Early Voting Branches
Permanent
Temporary
Voters Served by Branch Locations
Notice to Voters
Election Records
12/6/2018
Texas Secretary of State Elections Division

3. Texas Secretary of State Elections Division
Permanent Branches
Days and Hours: These polling locations keep the hours and days as the main early voting polling place. (§85.063)
12/6/2018
Texas Secretary of State Elections Division

4. Texas Secretary of State Elections Division
Permanent Branches
Exception to Use of Permanent Braches:
Governing body may establish a temporary branch polling location to be used instead of a permanent branch location.
12/6/2018
Texas Secretary of State Elections Division

5. Temporary Branches – General Rule
Entity may establish one or more.
Established by:
Early Voting Clerk → City Secretary, Governing Body of Political Subdivision. (§85.062(a)(2))
12/6/2018
Texas Secretary of State Elections Division

6. Temporary Branches – General Rule
Location:
In territory served by Early Voting Clerk, and;
In a stationary structure. (§85.062(b))
Accessible to voters.
Cannot be in a candidate’s (or relative’s) home.
MUST be “fixed at one place” for duration of period voting is required to be conducted. (§85.062(c))
12/6/2018
Texas Secretary of State Elections Division

7. Voters Served by Branch Locations
Any voter can vote at any branch early voting location!
12/6/2018
Texas Secretary of State Elections Division

8. Notice of Branch Early Voting
When? 5 days before early voting by personal appearance begins.
Where? Bulletin board used for posting notices of meetings of the governing body.
What? Notice must contain:
The location of each branch polling place and the election precincts served by each branch.
The dates and hours temporary branch voting will be conducted. (§85.067)
Saturday and Sunday hours can be posted in a separate notice. (§85.068)
12/6/2018
Texas Secretary of State Elections Division

9. Amending Notice of Branch Early Voting
Amending the bulletin board notice:
May be amended after the 5th day before early voting begins to include notice of additional temporary branch.
Notice of the amendment must be posted no later than the 5th day before voting will begin at the additional temporary branch. (§85.067)
12/6/2018
Texas Secretary of State Elections Division

10. Election Records - Applications
Early voting applications (combination forms and poll lists) must be submitted by 1 p.m. the day following the date the application was submitted. (§85.070)
12/6/2018
Texas Secretary of State Elections Division

11. Election Records – Paper Ballots
Two options for a branch location:
May retain voted ballots at branch location in locked room that is accessible only to election officials, or;
May be delivered by election officers or law enforcement officers to the main early polling place at the end of each day’s voting. (§85.071)
12/6/2018
Texas Secretary of State Elections Division

12. Election Records – Branch Daily Register
Branch daily register (functionally, this is the combination form/poll list) must be kept for each branch.
Must show name, address, VR number, and precinct number for each voter who voted at the branch that day.
Must be delivered to early voting clerk at the end of each day.
Must be preserved for period retaining election records.
Copy must be kept at branch location. (§85.072)
12/6/2018
Texas Secretary of State Elections Division

13. Texas Secretary of State Elections Division
Ballot Security
Procedures if using the same ballot box for different branch locations:
Start new forms at each branch location, or;
Clearly show the different locations by continuing to use the same forms but making a line or other notation across the form to denote when voting begins and ends at each branch location.
Two options for ballot boxes and forms (except daily register) to reflect the different branches:
Ballot box “inactivated” when voting is completed at the branch location, or;
Use one box for mobile voting locations, but clearly distinguish branches on documents.
12/6/2018
Texas Secretary of State Elections Division

14. Texas Secretary of State Elections Division
Electioneering
Electioneering is prohibited during the time an early voting polling place is open for the conduct of early voting within 100 feet of any outside door through which a voter may enter the building.
Persons who are not expressly permitted to be in the polling place are excluded to the extent practicable.
12/6/2018
Texas Secretary of State Elections Division