May vs. November

1. May vs. November Ashley Fischer 28th Annual Election Law Seminar for Cities, Schools and Other Political Subdivisions November - December 2016 Texas Secretary of State Elections Division

2. Agenda • Changing Date of Election • Time for Ordering Election • Filing Deadlines • Contracting with the County • Precincts and Polling Places • Early Voting Period • Counting Votes and Canvassing Texas Secretary of State

3. Changing Date of Election Q: Can an entity change their election date from May to November? A: Yes. Per S.B. 733 a political subdivision other than a county or municipal utility district may change their date of election to the November uniform election date until December 31, 2016. Texas Secretary of State

4. Issues to Consider • Cities:  Home-rule cities might need charter election. • School Districts:  Mandatory joint election rules (especially if annual elections) • Water Districts (Many):  Section 49.103 rule - May of an even-numbered year • Hospital Districts (General Law):  Health and Safety Code restricts to May • Special Law Districts:  Does special law restrict the date? Texas Secretary of State

5. 49.103 – Water Code Sec. 49.103. TERMS OF OFFICE OF DIRECTORS. (b) After confirmation of a district, an election shall be held on the uniform election date, provided by Section 41.001, Election Code, in May of each even-numbered year to elect the appropriate number of directors. Texas Secretary of State

6. 286.042 – Health & Safety Code Sec. 286.042. DIRECTOR'S ELECTION. (a) The initial directors shall be elected at an election to be held on the first Saturday in May following the creation of the district. (e) After the initial election of directors, an election shall be held on the first Saturday in May each year to elect the appropriate number of successor directors for two-year terms. Texas Secretary of State

7. Time for Ordering Election • NEW LAW: S.B. 1703 – all elections must be ordered on or before the 78th day before election day. • Bond Elections must be ordered according to these deadlines. • Tax Ratification Elections can be ordered on a non-uniform date, depending on the situation. • Elections for Special Districts, e.g. creation, abolishment, etc. are generally required to be held on uniform dates, but there are exceptions. Texas Secretary of State

8. FAQ Q: If I am a special district, e.g. water district, hospital district, etc., how can I determine if I am required to hold an election on a uniform date? A: We recommend that you speak with your entity’s counsel, if you have one. Also, you may call our office, but we recommend looking for any enacting legislation before calling to help us assist. Many districts’ special laws have been codified to the Special District Laws Code. Texas Secretary of State

9. Time for Ordering – Special Elections • Special Election to Fill a Vacancy: If a city is required to hold a special election to fill a vacancy, and the election is required to be held within 120 days of the vacancy, the city must order the election on a uniform date if one falls within the 120 day window. Texas Secretary of State

10. FAQ Q: How do I know if I need to have an election to fill a vacancy? A: Call us!  We are happy to help, and we recommend determining what type of city you are, i.e. Type A, Type B, Type C or home-rule, as discussed yesterday in the vacancy presentation. Texas Secretary of State

11. Time for Ordering – Vacancy Special Election Held on November Odd or May Even/Odd • NEW LAW: Per S.B. 1703 election must be ordered by 46th day before the uniform date. Filing deadline will depend on when election is ordered. • Example for vacancy that occurs after January 6, 2017 (120 day window): Texas Secretary of State

12. Time for Ordering – Vacancy Special Election Held on November Even • Under 201.051, must be ordered by 78th day before the election – just like any other election to be held on the general election date. The filing deadline is the 75th day before the election. • Example for vacancy that occurs after July 10, 2017(120 day window): Texas Secretary of State

13. Filing Deadlines • NEW LAW:S.B. 1703 amended the filing deadlines/withdrawal deadline to be uniform. Texas Secretary of State

14. Filing Deadlines – Write-Ins • NEW LAW:S.B. 1703 amended the filing deadline for write-in candidates to be uniform for all elections and political subdivisions. Texas Secretary of State

15. Contracting with the County • In all elections held on a uniform date, you may contract with county. • BUT, in May of even-numbered years, a county with an elections administrator has no duty to contract. (41.001(d)) Texas Secretary of State

16. Precincts and Polling Places • The locations of your polling places for an election will depend on: • When you are holding the election. • If you are required to hold a joint election, or have executed a joint election agreement. • If you have contracted with the county. • If your political subdivision is in a county that uses countywide polling locations. Texas Secretary of State

17. County Election Precincts • The county’s commissioners court will establish county election precincts according to Chapter 42 of the Election Code. • The County Clerk will recommend locations for election day polling places within each county election precinct, with approval of the commissioners court. (43.002) Texas Secretary of State

18. November - Precincts • NEW LAW: All political subdivisions holding an election on the November uniform date MUST use county election precincts. • There is no longer an exception for districts created under Section 52, Art. III or Section 59, Art. XVI and located in Harris County (county with a population of 3.3 million) or adjacent to Harris County are not required to use county election precincts. (H.B. 2027) Texas Secretary of State

19. November – Polling Places Texas Secretary of State

20. §85.010 County of Texas Requirements under §85.010: • City of Longhorn must share the main EV location or polling place “D.” • City of Aggie must share EV location “B.” • Horned Toad I.S.D. must share main EV location or polling place “A” or “D” or “E.” • Bears I.S.D. must share polling place “B” or “C.” • Roadrunner M.U.D. must share polling place “D.” • ALL may establish additional early voting locations as needed. A B County Main EV Location = County Early Voting Locations C D E Bears ISD City of Longhorn Roadrunner M.U.D. Horned Toad ISD City of Aggie Texas Secretary of State

21. May – Precincts • NEW LAW: H.B. 2027 requires that all political subdivisions use county election precincts for elections held on the May uniform date (even or odd), EXCEPT when: Texas Secretary of State

22. Exceptions • If you meet one of the two exceptions, your political subdivision may establish precincts/polling places before each election, and once established, remain until changed. • NOTE: If your entity changes boundaries or boundaries of election districts, you must notify your county’s voter registrar and provide a map of new boundaries. Texas Secretary of State

23. H.B. 2027 • Example: City of Longhorn ONLY establishes main early voting polling place. Result: City of Longhorn meets Exception #2, and may establish their own election day precincts/ polling places. County of Texas City of Longhorn’s Main Early Voting Polling Place Texas Secretary of State

24. H.B. 2027 • Example: Bears ISD establishes main EV polling place and 2 temporary branch locations. County of Texas Hours: Main EV: 8:00 a.m. – 5:00 p.m. Branch 1: 8:00 a.m. – 4:00 p.m. Branch 2: 8:00 a.m. – 5:00 p.m. Result: Bears ISD must use county polling places because both branch locations must have the same hours as Main EV. 75% of 2 = 1.5. Since, we can’t have ½ a polling place, both locations must meet same hours as Main EV. Branch 1 Bears ISD Branch 2 Main EV Texas Secretary of State

25. H.B. 2027 • Example: Bears ISD establishes main EV polling place and 2 temporary branch locations. County of Texas Hours: Main EV: 8:00 a.m. – 5:00 p.m. Branch 1: 8:00 a.m. – 5:00 p.m. Branch 2: 8:00 a.m. – 5:00 p.m. Result: Bears ISD meets Exception #1 and may establish their own election day precincts/polling places. Branch 1 Bears ISD Branch 2 Main EV Texas Secretary of State

26. H.B. 2027 • Example: Bears ISD establishes main EV polling place and 4 temporary branch locations. County of Texas Hours: Main EV: 8:00 a.m. – 5:00 p.m. Branch 1: 8:00 a.m. – 5:00 p.m. Branch 2: 8:00 a.m. – 5:00 p.m. Branch 3: 8:00 a.m. – 5:00 p.m. Branch 4: 8:00 a.m. – 6:00 p.m. Result: Bears ISD meets Exception #1 and may establish their own election day precincts/polling places. 75% of 4 = 3 Branch 1 Bears ISD Branch 2 Branch 3 Main EV Branch 4 Texas Secretary of State

27. H.B. 2027 • Branch 4: Must conduct EV at least two consecutive days at one location for at least 8 hours on each of those days. • Which schedule is okay? Texas Secretary of State

28. H.B. 2027 • Schedule B is correct. Texas Secretary of State

29. H.B. 2027 • In a joint election, if early voting is conducted jointly, the number of locations and hours of the locations established under the joint election agreement will determine if an exception applies. • This is the same for a contract for election services. Texas Secretary of State

30. REMEMBER! • Before establishing or changing any precincts or polling places (and any other changes in election standards, practices or procedures) think about compliance with federal and state law!!! • Review federal Voting Rights Act, Americans with Disabilities Act, and similar state law. Speak to your entity’s attorney. Texas Secretary of State Elections Division

31. Joint Election – “Common” Polling Places • SHOULD NOT have one common polling place serving multiple precincts – often happens when precincts maps are overlapped. School Precincts Common Polling Place for Precincts 1 and 3 1 2 2 4 3 1 City Precincts Common Polling Place for Precincts 2 and 4 2 1 Texas Secretary of State

32. Joint Election – “Common” Polling Places • Instead should establish precinct line, and then use different ballot styles for election territories. Common Polling Place for Precinct 1 – will have different ballot styles available for voters-those that reside in school district will get a school ballot and city ballot, those living outside school district, only get city ballot. Precinct 2 Precinct 1 Common Polling Place for Precinct 2 – Same concept- have different ballot style for voters to get correct ballot based on residence. Texas Secretary of State

33. Joint Election – “Common” Polling Places • A polling place may be established outside of the boundary/election precinct if location will “adequately and conveniently” serve the voters. (271.003(b)). Texas Secretary of State

34. Runoff Elections • There are no specific requirements for what polling places to use in a runoff election, but narrow territory to runoff area, e.g. Trustee Place 1 or Council Place 2. However, we recommend using the same polling places used in the initial election to avoid voter confusion. • If contracting with a county that uses countywide polling places, only have to use polling places within runoff territory, not whole county. (43.004(c)) Texas Secretary of State

35. Early Voting Period • The early voting periods are different for different elections: Texas Secretary of State

36. Counting Votes and Canvassing • See Section 67.003 and 1 T.A.C. 81.172-81.176 Texas Secretary of State