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Precincts and Polling Places

Precincts and Polling Places. Ashley Fischer County Election Officials Election Law Seminar July 2016. Precincts. Types of Precincts in Counties. Commissioners Precincts Justice Precincts County Election Precincts Election Day Precincts. 254 Counties, Many Variations.

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Precincts and Polling Places

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  1. Precincts and Polling Places Ashley Fischer County Election Officials Election Law Seminar July 2016 Texas Secretary of State Elections Division

  2. Precincts Texas Secretary of State

  3. Types of Precincts in Counties • Commissioners Precincts • Justice Precincts • County Election Precincts • Election Day Precincts Texas Secretary of State

  4. 254 Counties, Many Variations • The number of justice precincts, county election precincts and election day precincts will vary depending the population of the county, district boundaries, and type of election. Texas Secretary of State

  5. Commissioners Precincts • Each county must be divided into four commissioner precincts. • Tex. Const. Art. 5, § 18 Texas Secretary of State

  6. Owl County • Population = 6,623 Commissioner 1 Commissioner 2 Commissioner 4 Commissioner 3 Texas Secretary of State

  7. Horned Toad County • Population = 10,323 Commissioner 1 Commissioner 2 Commissioner 3 Commissioner 4 Texas Secretary of State

  8. Longhorn County • Population = 51,313 Commissioner 2 Commissioner 1 Commissioner 3 Commissioner 4 Texas Secretary of State

  9. Justice Precincts General Rule: Tex. Const. Art. 5, § 18 NOTE: Constable Precincts and Justice Precincts share the same boundary lines. Texas Secretary of State

  10. Justice Precincts • Majority of Texas counties have 4 Justice Precincts. • Next most common is counties with 1 Justice Precinct. Texas Secretary of State

  11. Justice Precincts • In certain instances two Justices of the Peace may be elected from one Justice Precinct: • In county with less than 150,000, in a justice precinct with a city of 18,000; or • In a county with over 150,000. Tex. Const. Art. 5, § 18 Texas Secretary of State

  12. Example • Precinct 1, Place 1 • Precinct 1, Place 2 Texas Secretary of State

  13. Justice Precincts • Commissioner’s court determines number of precincts in each county and is responsible for changing the boundaries of justice precincts. Texas Secretary of State

  14. Owl County • Population = 6,623 Commissioner 1 Commissioner 2 Justice Precinct Commissioner 3 Commissioner 4 Texas Secretary of State

  15. Horned Toad County • Population = 10,323 • Justice Precincts are the same as Commissioners Precincts. JP 1 JP 2 Commissioner 1 Commissioner 2 JP 3 JP 4 Commissioner 3 Commissioner 4 Texas Secretary of State

  16. Longhorn County • Population = 51,313 JP 1 JP 3 JP 2 JP 4 Commissioner 1 Commissioner 2 JP 8 JP 5 JP 6 JP 7 Commissioner 4 Commissioner 3 Texas Secretary of State

  17. County Election Precincts • County Election Precincts = Voter Registration Precinct • Established by commissioners court. (42.001) Texas Secretary of State

  18. Lingo • We sometimes hear counties refer to precincts as “boxes” and commissioners precincts as “precincts.” • We prefer that you specify “commissioner precinct,” “justice precinct,” “county election precinct (voter registration precinct),” or “election day precinct” to allow us to assist you properly. Texas Secretary of State

  19. County Election Precincts • Number of Voter Requirements: • §42.006 Texas Secretary of State

  20. County Election Precincts • Boundary Requirements: • May not contain territory from more than one of each of the following: • Commissioners Precinct; • Justice Precinct; • Congressional District; • State Representative District; or • State Board of Education District. (42.005) Texas Secretary of State

  21. County Election Precincts • Therefore, the number of county election precincts is what varies most among the counties. Texas Secretary of State

  22. County Election Precincts Horned Toad County County Election Pct 1 County Election Pct 2 County Election Pct 3 County Election Pct 4 Commissioner 2 Justice 2 Commissioner 1 Justice 1 County Election Pct 7 County Election Pct 5 County Election Pct 6 County Election Pct 8 Commissioner 3 Justice 3 Commissioner 4 Justice 4 Texas Secretary of State

  23. County Election Precincts Horned Toad County Commissioner 2 Justice 2 Commissioner 1 Justice 1 County Election Pct 1 County Election Pct 2 County Election Pct 3 County Election Pct 4 Commissioner 3 Justice 3 Commissioner 4 Justice 4 Texas Secretary of State

  24. What’s the Issue? • In this example, a voter within County Election Precinct 1 may live in: • Commissioner Precinct 1, or • Commissioner Precinct 3 Therefore, the correct ballot style could not be generated for these voters in an election using county election precincts. Texas Secretary of State

  25. Use of County Election Precincts • County Election Precincts MUST be used for the following elections: • General election for state and county officers; • Special election ordered by the governor; • Primary election; • Countywide election ordered by county; • Election held by political subdivision on uniform date. • Unless May uniform date and political subdivision meets certain EV locations/hours requirements found in 42.002(c). (42.002) Texas Secretary of State

  26. Election Day Precincts • County Election Precincts may be combined or consolidated for certain county held elections. • This creates “election day precincts” meaning these precincts only exist for the election. NOTE: When the Election Code refers to “election precinct” it generally means the election day precinct, i.e. the precincts established for an election. Texas Secretary of State

  27. Other Election Day Precincts • In certain elections, a county or other political subdivision may establish precincts. • May Uniform Election Date: If not holding joint election with county, CSO may establish their own election day precincts if they comply with 42.002(c). • County Ordered Election: If for a special election affecting only part of the county, or the election relates to the creation, organization, functioning, or existence of one or more political subdivisions other than county. Texas Secretary of State

  28. Texas Secretary of State

  29. Combined Precinct Horned Toad County after redistricting County Election 3 County Election 1 County Election 2 County Election Precinct 3 now has 275 registered voters. Commissioner 1 Justice 1 Commissioner 2 Justice 2 County Election 6 County Election 4 County Election 5 County Election 7 Commissioner 3 Justice 3 Commissioner 4 Justice 4 Texas Secretary of State

  30. Combined Precinct Polling Place • In this case, Pct 3 may be combined with Pct 2. • May combine even though Pct 3 is in a different Commissioner/Justice Precinct which will have a different ballot style. • Voters in Pct 3 will go to the polling place located in Pct 2. • There may be one set of election workers, but separate records must be provided/kept: • List of Registered Voters for Pct 2 and for Pct 3. • Combination Form for Pct 2 and 3. • Reported to SOS as Pct 2 and Pct 3. County Election 3 County Election 2 Commissioner 1 Justice 1 Commissioner 2 Justice 2 Texas Secretary of State

  31. Consolidated Precinct Horned Toad County • If a special election ordered by governor, e.g. constitutional amendment election or special election to fill a vacancy in legislature, or a primary election, Pct 1 and Pct 2 may be consolidated to form a single election day precinct. • Pct 1 and Pct 2 may be consolidated because there be will one ballot style. • Voters will have one polling place in the consolidated precinct. • Records are kept for the consolidated precinct, not the county election precinct: • One list of registered voters • One combination form, etc. • Report to SOS as a single precinct. County Election 1 County Election 2 Commissioner 1 Justice 1 Polling Place Consolidated Precinct 1 Texas Secretary of State

  32. Reviewing County Election Precincts • Commissioners courts are required to review county election precinct boundaries in March or April of odd-numbered years to determine compliance with 42.005, 42.006, and 42.007. • May order changes by May 1 of the odd numbered year in order to achieve compliance with state law. Changes will be effective on January 1 of even-year following odd numbered year. (42.031, 42.033) • Commissioners court may only order changes during March or April unless the change is necessary to: • Comply with Sec. 42.005 or Sec. 42.032 • Reduce the number of registered voters so it is in compliance with Sec. 42.006, or • Include a suitable building for a polling place if no suitable precinct exists within the existing boundary lines. Texas Secretary of State

  33. Redistricting • If legislative redistricting will require changes to county election precincts, commissioners court must order the changes by October 1 of the redistricting year. • Elimination of Certain County Election Precincts (42.010) • After redistricting of certain territories, the commissioners court may take actions to eliminate precincts with no population or a “substantially small” population after redistricting. Texas Secretary of State

  34. Effects of Boundary Changes on County Election Precincts • Effects of Boundary Changes on County Election Precincts • General Rule: Changes in boundaries take effect on the first day of the even-numbered year following the voting year in which the change is ordered. (42.033) • Notice of Change • Notice to Voter Registrar – not later 7 days after order is adopted. (42.034) • Notice to the Public – publish in newspaper the week following adoption. (42.035) • Notice to Secretary of State – not later than 20 days after order is adopted. (42.037) • Special Notice requirements for Counties with population over 1 million (42.036) Texas Secretary of State

  35. Polling Places Texas Secretary of State

  36. Polling Places • GENERAL RULE • Each election precinct established for an election shall be served by a single polling place located within the boundary of the precinct. (43.001) Texas Secretary of State

  37. Designating Polling Places • General Election or Special Election using County Election Precincts (43.002) • Regular County Election Precincts: County Clerk recommends location of polling place; commissioner court shall adopt designation. • Consolidated Election Precincts: Commissioners court designates the location of the polling place. • County population of more than 175,000: the commissioners court may not designate a location as a polling place that would require a voter to travel more than 25 miles from the voter’s residence to their precinct polling place. Texas Secretary of State

  38. Designating Polling Places • Primary Election (43.003) • Regular Election Precinct: County chair of political party holding a primary designates location of polling place. • Consolidated Election Precinct: County executive committee designates the location. Texas Secretary of State

  39. Designating Polling Places • Elections of Other Political Subdivisions (43.004) • Regular Election Precinct: Governing body of political subdivision designates the location of polling place. • November Uniform Election date: If the political subdivision is required to use the county election precinct, they shall designate the regular county election precinct polling places that contain the territory of the political subdivision as their polling places. • Special Elections under Sec. 42.062 of Election Code • Authority establishing election precincts under 42.062 designates the location of the polling place for each precinct. Texas Secretary of State

  40. Buildings as Polling Places • Requirements (43.031) • Must be located inside a building. • Must be a public building, if practicable. • May not be located at the residence of a person who is a candidate for elective office or related to the candidate. • Must be accessible. (43.034) • The entity that owns the public building may refuse use if more than one entity asks permission for the building and simultaneous use by several entities is impracticable. • Primary Election: if the parties share polling places, the polling place must be sufficient to accommodate both elections. Texas Secretary of State

  41. Public Building • If a public building is unavailable in a county election precinct, the county commissioners my purchase or construct a building in the precinct for that purpose. (43.032) • There is no charge (including a charge for personnel, utilities, or other expenses incurred before or after regular business hours) for the use of a public building if the day on which the election is held, the building is normally open for business. (43.033) • If the building is not normally open for business, a charge may be made only for reimbursement for the actual expenses resulting from the use of the building in the election. (43.033) Texas Secretary of State

  42. Notice • Consolidated Precinct: • Not later than 21st day before election day: Must post notice of consolidation, which must include the location of each polling place on bulletin board used for meeting notices. (4.003(b), 172.1112) • Not later than 10th day before election day: Must post notice at the polling place used in the preceding general election. Notice must have location of polling place for consolidated precinct and must be posted through election day. (4.003(b), 172.1112) Texas Secretary of State

  43. Notice • Change in Polling Place in SameElection (Ordered by Governor or County Judge): If a polling place changes after notice of election, CC/EA must give notice not later than the earlier of; • 24 hours after location is changed; or • 72 hours before polls open on election day. • Notice Requirements • Must be given to all candidates. • District Office: Notice to County Chair • Independent Candidate: County Judge • Must post notice on website. (43.061) Texas Secretary of State

  44. Notice • Change in Polling Place from Previous Election • Post notice at entrance to previous polling place • Must state location of new polling place. (43.062) Texas Secretary of State

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