1. Preparing for and Conducting Early Voting In Person
Christina Worrell Adkins
27th Annual Election Law Seminar
Cities, Schools and Other Political Subdivisions

2. Overview Election Clerks Early Voting Period
Main Early Voting Polling Place
Branch Early Voting Polling Places
Notice Requirements
Polling Place Procedure
Special Forms of Early Voting
Note: Unless otherwise indicated all statutory references are to the Texas Election Code

3. Election clerks

4. Early Voting Clerk
The early voting clerk conducts the early voting in each election.
Generally, the EV clerk has the same duties and authority with respect to early voting as a presiding judge has with respect to election day.
Specific requirements are outlined in Title 7, TEC.

5. Early Voting Clerk
Early Voting Clerk’s office must be open from 7:00 AM to 7:00 PM on Election Day.

6. Deputy Early Voting Clerk
Appointed to assist the EV Clerk
Same authority as the EV Clerk
Subject to EV Clerk’s supervision

7. Deputy Early Voting Clerk
Permanent Deputy Early Voting Clerk
Temporary Deputy Early Voting Clerk

8. Appointment Procedure
Permanent EV Deputy – Eligibility:
not required to be qualified voter of the county

9. Appointment Procedure
Temporary EV Deputy Clerk - Eligibility Reqs:
meet requirements for service as presiding election judge (§ ), except:
not required to be qualified voter of any particular territory, other than:
County – if appointed by county clerk; or
City – if appointed by city secretary;
if EV clerk candidate, employee status does not make appointee ineligible;
not required to be qualified voter if employed by county or city, but must be a qualified voter of any territory
[§ (b)]

10. Student Election Clerk
Eligibility
ineligible to serve as election clerk under § (c)
meets requirements under § (b)
Compensation
same manner as other early voting clerks
Maximum # of student clerks
not more than 4 student early voting clerks at an early voting polling place
[§§ , ]

11. Early Voting Period

12. Early Voting Period General Rule: May Uniform Date
starts 17 days before Election day and ends the 4th day before Election Day
Exception: May Uniform Date, Primary Runoff, Special Runoff and delayed start
May Uniform Date
starts 12 days before Election Day and ends the 4th day before Election Day
[§ (a)]

13. Early Voting Period May 2016 Election: Monday, April 25, 2016
(12th day before election day)
thru
Tuesday, May 3, 2016
(4th day before election day)
[§ ]

14. Dates & Times Dependent upon who the EV Clerk is: City Secretary
County Elections Officer
Other Officials
[§ (a)]

15. Dates & Times of Early Voting
If the EV clerk is…
Where?
When?
Hours?
City Secretary
Main Early Voting Polling Place
Weekdays during Early Voting Period
Hours that City Secretary’s Main Business hours are regularly open for business.
County Elections Officer
Hours that the County Election Officer’s main business office is regularly open for business.
Other EV clerk
Weekdays during EV period
If greater than 100,000 = At least 8 hours each weekday of EV period.
If less than 100,000 = At least 3 hours each weekday of EV period.
[§ (a)]

16. Extended Hours - Weekdays
Election ordered by a city
Where: main early voting location
When & Time: - if –
one weekday for 12 hours IF:
EV Period – less than six weekdays; or
two weekdays for 12 hours IF:
EV Period – 6 or more weekdays

17. Extended Hours - Weekends
County Election Officer or City Secretary may order by written order at the main early voting location
Determine the extended hours on Saturday & Sunday
[§ ]

18. Extended Hours - Weekends
Other Early Voting Clerk official –
The authority ordering an election may order early voting at the main early voting location

19. Extended Hours - Weekends
Voter Petition for Weekend Voting:
15 registered voters
must order Saturday or Sunday early voting
may request day (Saturday or Sunday) but not date or hours
Petition for a city or county  must meet 72 hour notice requirement.
For everyone except cities  the petition has to be submitted prior to ordering the election.
[§§ , ]

20. Main Early voting polling place

21. Main Early Voting Polling Location
Early Voting Clerk
Location of Main Early Voting Polling Place
City Secretary
In a building that hosts the main business office – can select any room.
Other Early Voting Clerk (Not the county clerk or county elections officer)
Authority that appoints the clerk designates the location. Must be in the territory covered by the Election.
County Elections Officer – (General Election for State and County Officers, primary election, special election ordered by governor, countywide election held at county’s expense.)
County Elections Officer – (Less than countywide election ordered by county at county’s expense, or election ordered by county authority NOT at county’s expense).
In territory that is covered by election OR main business office of county elections officer. (determined by commissioner court)
[§§ (b)]

22. Note: Contracts and Joint Elections
REMEMBER
County clerk may be serving as early voting clerk under a contract for election services or joint election agreement.
Main early voting polling place may be at county office building.
Main early voting polling place may be at location outside of your political subdivision.
[Chapters 31 and 271, generally]

23. Note: Fee for Use of Building
IF building is normally open on each day of early voting – may not be charged for use of public building as a polling place
IF not normally open – you may be charged only as reimbursement for actual expenses
[§ (a)]

24. Note: Accessibility
Remember – like an election day polling place, early voting location must be accessible
[§ (c), Ch. 469, Tex. Gov’t. Code]

25. Branch Early voting polling place

26. Permanent Branch Locations
Branch offices that are regularly maintained for conducting general clerical functions of the county clerk are required to serve as permanent branch early voting locations.
Used only in Countywide election in which the county clerk is the EV clerk under
Days and Hours: These polling locations keep the hours and days as the main early voting polling place. (§85.063)
Exception to Use of Permanent Braches:
Governing body may establish a temporary branch polling location to be used instead of a permanent branch location.
4/18/2019
Texas Secretary of State Elections Division

27. Temporary Branch Locations
Entity may establish one or more temporary early voting polling places.
Established by:
County Clerk as EV Clerk → Commissioners Court
Any other Early Voting Clerk →Governing Body of Political Subdivision. (§85.062(a)(2))
4/18/2019
Texas Secretary of State Elections Division

28. Temporary Branch Locations
In territory served by Early Voting Clerk, and;
In a stationary structure. (§85.062(b))
Cannot be in a candidate’s (or relative to candidate’s) home.
MUST be “fixed at one place” for duration of period voting is required to be conducted. (§85.062(c))
4/18/2019
Texas Secretary of State Elections Division

29. Record Keeping at Branch Location
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.
4/18/2019
Texas Secretary of State Elections Division

30. Ballots at Branch Locations
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)
4/18/2019
Texas Secretary of State Elections Division

31. Texas Secretary of State Elections Division
Any voter can vote at any early voting location!
4/18/2019
Texas Secretary of State Elections Division

32. Texas Secretary of State
HB 2027
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.
4/18/2019
Texas Secretary of State

33. HB 2027 – Where do you want flexibility?
Election Day
Early Voting
Strict
Required Use of County Election Precincts as Election Day Precincts
Flexible
EV can be conducted however you want.
Entity can establish their own Election Day Precincts
Entity only has main EV polling place.
Entity has main EV polling place AND 75% of temporary branches must have hours that match the main. Remaining branches must have at least 2 consecutive 8 hour days of EV.

34. NOTICE REQUIREMENTS

35. Notice of Election Election Notice Must state:
location of main early voting location;
date early voting in person begins (if, other than prescribed date);
regular dates & hours early voting in person will be conducted;
dates and times of Saturday and Sunday voting if ordered.
Recommended: Include branch locations, dates, hours.

36. Notice of Weekend Early Voting
Saturday or Sunday
72 hours before start of early voting
post notice of dates and hours
Required for counties/cities
Recommended for all other political subdivisions

37. 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)
4/18/2019
Texas Secretary of State Elections Division

38. 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)
4/18/2019
Texas Secretary of State Elections Division

39. Texas Secretary of State Elections Division
Notice Requirements
NEW LAW: HB 2721 now requires that the
Election Notice,
Notice of Branch Early Voting, and
Notice of Early Voting on Saturday or Sunday
be posted on the entity’s internet website, if applicable.
4/18/2019
Texas Secretary of State Elections Division

40. Early Voting procedures

41. Polling Place Procedures
Generally, the early voting procedures related to qualifying a voter are the same as election day procedures.
There are a few key differences….

42. Ballots Early Voting Clerk’s initials – [§ 85.0311]
on the back of each ballot to be used at the early voting location
[§ ]

43. Assistance to Voter Procedures the same as those on election day
except that only one election official instead of two may assist

44. Election Records Official List of Registered Voters
Branch Daily Register
Early Voting Rosters
Separate Rosters
Public Information

45. Ballot Box Security
Double-locked (two locks with two different keys) and wire sealed
Early Voting clerk keeps key to one lock
Key to second lock – goes to person who gets the keys to ballot boxes used on Election Day
(county elections – usually the sheriff)
Must not be unlocked until after delivery to early voting ballot board.
[§§ , , ]

46. Ballot Box Security Overnight – must be kept in a safe place
Voting machine must be secured at close of each day’s early voting
Recommended – ballot box & voting machine be sealed with wire hasp seal each night & record kept of such seals
[§§ , ]

47. Ballot Box Security End of Early-Voting-In-Person
Ballot boxes and voting machines
Sealed with hasp seals
Transported to main early voting location (if somewhere other than early voting clerk’s office); and
Secured in early voting clerk’s office or other secure location

48. Special forms of early voting

49. Special Forms of Early Voting
Late Voting
Disabled Voter – Chapter 102
Death in Immediate Family – Chapter 103
Disabled Voter on Election Day – Chapter 104
Military Personnel and Overseas Voters – Chapter 105
Voting by Persons on Space Flight – Chapter 106
Limited Ballot – Chapter 112