Preparing for Your Election

Preparing for Your Election Ashley Fischer 2016 – Election Law Seminar Texas Secretary of State Elections Division

138th Day Before Election Day = Notice of Filing Period 108th Day Before Election Day = First Day a Candidate May File 78th Day Before Election Day = Deadline to Order Election Deadline for Candidate to File for Place on Ballot But, before all of this… Texas Secretary of State

Agenda • Type of Entity/Term Lengths • Method of Election • Vote Requirement • Voting Systems • Election Workers • Contracting • List of Registered Voters • Polling Places • Supplies • Odds & Ends • Resources Texas Secretary of State

Type of Entity/Legal Situations • Determine the type of your entity, and any legal situations impacting your entity, i.e. court orders. • Why is it important? • Determines the law governing your entity. • Assists in properly calling elections/special elections. • Determines if you can move your date of general election. • May have certain requirements under a court order. Texas Secretary of State

Type of Entity • Examples for Cities: • Type A • Type B • Type C • Home Rule • Examples of Water Districts: • Municipal Utility Districts • Water Improvement Districts Texas Secretary of State

Term Lengths • Determine the term lengths for your entity’s governing body. • Why is this important? • Assists in determining what offices will go on the ballot, and if an election needs to be called. • Assists in determining if a special election needs to be called. • Assists candidates in determining what positions will be on the ballot. Texas Secretary of State

Method of Election • Determine your political subdivision’s method of election. • Why is this important? • Allows the election to be ordered correctly. • Ensures that ballots are correct. • Allows candidates to know what positions will be on the ballot, and if they are eligible. • Avoids challenge to the election. Texas Secretary of State

Method of Election • Options: • Pure-at-Large • At-Large-By-Place/Position • Single Member District • Combination of At-Large and Single Member • Cumulative Texas Secretary of State

Pure at-Large • The candidates run as one group on the ballot. • All qualified voters in the political subdivision may vote in the race. • The top “vote-getters” win the number of positions available. • Generally, pure at-large is the “default” method of election for cities and school districts, and it takes an action by the governing body (or a court) to change method of election. • Special Law Districts have method of election set by enacting legislation. Texas Secretary of State

Pure at-Large Example: • City of Longhorn • Type A City: 1 Mayor, 5 City Councilmembers • 3 council positions expire in 2016 • 5 people submit applications and are accepted to be on the ballot Texas Secretary of State

Pure at-Large Ballot: Results: Election Results May 7, 2016 Candidates Votes Pluto 61 Minnie Mouse 122 Goofy 133 Mickey Mouse 71 Donald Duck 85 TOTAL472 Texas Secretary of State

Pure at-Large • Goofy, Donald Duck and Minnie Mouse all win a seat on the City of Longhorn’s City Council. Texas Secretary of State

At-Large By Place/Position • The candidates run in separate groups on the ballot for each available position. • All voters within political subdivision get to vote in all races. • It generally takes an act of the governing body or a court order to move to this type of method of election. Texas Secretary of State

At-Large By Place/Position Example: • Bears ISD • Board of Trustees: 5 positions/places • Place 2 and Place 5 expire in 2016 • 3 people submit applications for Place 2 • 2 people submit applications for Place 5 Texas Secretary of State

At-Large By Place/Position Ballot Results Election Results May 6, 2017 Place 2 Candidates Votes Owl 57 Winnie the Pooh 122 Eeyore 84 TOTAL263 Place 5 Candidates Votes Tigger 171 Roo85 TOTAL 256 Texas Secretary of State

At-Large By Place/Position Winnie the Pooh wins Place 2 Tigger wins Place 5 Texas Secretary of State

Poor Eeyore… Texas Secretary of State

Single Member District • The territory of the political subdivision is divided into districts, and candidates run in their district of residence. • ONLY voters within the district can vote. • It generally takes an act of the governing body or a court order to move to this type of method of election. Texas Secretary of State

Single Member District Example: • City of Aggie • Home Rule City: 5 Single Member Districts • District 1 and District 3 positions expire in 2016 • 3 people submit applications for District 1 • 2 people submit applications for District 3 Texas Secretary of State

Single Member District Ballot Results Election Results May 6, 2017 District 1 Candidates Votes Woody 125 Hamm 85 Jessie 175 TOTAL 385 District 3 Candidates Votes Buzz Lightyear 101 Mr. Potato Head192 TOTAL 293 Texas Secretary of State

Single Member District Jessie wins District 1 Mr. Potato Head wins District 3 Texas Secretary of State

Combination of At-Large & Single Member • Political subdivision is divided into single member districts where voters from that district elect a representative, but also elect at-large members. • Example: • Horned Toad ISD: • 5 Single Member Trustee Districts • 2 At-Large Positions Texas Secretary of State

Cumulative Voting • Candidates appear in one group on the ballot, voters cast as many votes as there are open seats and can put more than one vote on a preferred candidate. • RARE in Texas, but some school/college and special law districts use cumulative voting. Texas Secretary of State

Cumulative Voting If Roadrunner ISD has three board positions on the ballot, each voter will get 3 votes. The 3 candidates with the highest number of votes win the positions. Texas Secretary of State

Method of Election • If you don’t know your method of election: • Home-Rule Charters • Enacting legislation • Previous election records, including sample ballots • Newspapers articles • Historical DOJ submission files • Internal files – board records • Legal Files, including court orders • School district policy manual Texas Secretary of State

Vote Requirement • Determine your entity’s vote requirement. • Why is this important? • Helps determine the winners of the election. • Assists in tabulating/canvassing results and preparing for a potential runoff election or tie vote election if one is necessary. Texas Secretary of State

Vote Requirement • Plurality: A candidate must receive more votes than any other candidate for the office. • Tie Vote Second Election: If two or more candidates tie, must hold second election. (2.002) • Majority Vote: A candidate must receive more than 50% of the total vote. • Runoff Election: If no candidate received the vote necessary to be elected in an election requiring a majority vote, a runoff election is required. (2.021) Texas Secretary of State

Voting Systems • Determine what voting systems your entity will use in the upcoming election. • Why is this important? • Helps meet federal and state law requirements. • If you are exempt from requirements, must apply/notify SOS no later than 90th day before election. • Helps establish the cost of the election. • Helps determine contracting/joint election needs. • Helps establish what supplies will be needed. • Helps determine what kind of training you will need to provide to election judges/clerks. Texas Secretary of State

Voting Systems • Review what was used in your last election: • Hand counted paper ballots • Electronic Voting Systems: • Optical scan ballots • DREs Texas Secretary of State

Voting System Accessibility • Accessible voting system must comply with: • Section 504 of the federal Rehabilitation Act of 1973; • Title II of the federal Americans with Disabilities Act; and, • 52 U.S.C. Section 21081(a)(3) Texas Secretary of State Elections Division

Accessible Voting System Exemption • Exemption: • If an election without a federal office on the ballot; and • Located in county population of under 20,000 ↓ May qualify for an exemption or undue burden status. Texas Secretary of State Elections Division

Population less than 2,000 • Exempt from the accessible voting system requirement. • Reasonable accommodation: • A voter may request by the 21st day before election day. Texas Secretary of State Elections Division

Population 2,000 – 5,000 • Must provide at least one accessible electronic voting system on election day. • Location of accessible voting system: • Recommend – at the early voting clerk’s office (if more than one EV location). Texas Secretary of State Elections Division

Population 5,000 – 10,000 • Must provide one accessible electronic voting system on election day AND early voting period. • Location of accessible voting system: • Early voting period – at the early voting clerk’s office (if more than one EV location). • Election day – at the main early voting polling place. Texas Secretary of State Elections Division

Exemption Notice & Publication Requirement • Written notice to SOS • No later than 90 days before election day • Newspaper publication (Population 1,000-10,000) • No later than 15 days before start of early voting • Newspaper – general circulation Texas Secretary of State Elections Division

Population of 10,000 – 20,000 • Application of Undue Burden Status • show that compliance would cause undue burden due to: • Increased in costs by at least 25% as compared with last general election held before January 1, 2006 • Deadline – 90th day before election day. Texas Secretary of State Elections Division

Population of 10,000 – 20,000 • May provide fewer accessible voting systems IF comply with the following:. • Submit an application of undue burden status • Submit application to SOS, no later than 90th day before election day Texas Secretary of State Elections Division

Population of 10,000 – 20,000 • IF SOS approves – entity must: • Provide at least one accessible voting system during early voting period ANDelection day • Branch EV locations – provide one mobile accessible voting system • Deployed @ least once to each branch location • Newspaper Publication Texas Secretary of State Elections Division

Political Subdivisions - in more than one county • Fall into one of the 4 categories, you choose to be considered either: • being located in the county that contains the greatest # of registered voters of the subdivision; or • for each portion of the subdivision located in a different county to be considered as a separate subdivision Texas Secretary of State Elections Division

Election Workers • Estimate the number of election workers you will need and how to locate workers. • Why is this important? • Ensures that you have enough people to work the election. (EVBB can consist of workers.) • Ensures compliance with state and federal law regarding bilingual election clerks. Texas Secretary of State

Election Workers • Recommendations for locating election workers: • Review internal files on past elections. • Consult with county election officer. • Determine if you will be entering a contract or joint election agreement and who will handle finding workers. • Consult with community organizations. • Contact high schools regarding appointment of student clerks. Texas Secretary of State

Contracting • Determine if your entity will be entering a contract for the election. • Why is this important? • Some entities MUST enter a joint election agreement. • If you intend to contract with the county or lease equipment from the county, they need to know in advance in order to plan properly. • Allows you to plan properly and helps determine costs. Texas Secretary of State

List of Registered Voters • Talk to your county voter registrar to see if your political subdivision’s information is the most up-to-date. • Why is this important? • Ensures correct list of registered voters can be provided by Voter Registrar(s). • Ensures voters get the correct ballot, and ensure voters that are registered are allowed to vote. • Avoids challenge to the election. Texas Secretary of State

List of Registered Voters • The County Voter Registrar will prepare the list upon request. • If the list is to include voters from county election precincts partly located in your entity’s territory, you must include a map of the boundaries. • The map must be sufficient in detail to allow the registrar to prepare the list. • The map must be provided with enough time to allow the registrar to prepare the list. [18.001] Texas Secretary of State

List of Registered Voters • Review information with your voter registrar especially if your political subdivision has: • Recently been created • Recently been incorporated • Annexed land • Redistricted • Changed to single member districts for method of election Texas Secretary of State

Polling Places • Start to determine location of polling places that you will use for early voting and election day. • Why is this important? • Allows you to work with building owner schedules, e.g. community center. • Allows you to work out cost if there are charges. • Ensures compliance with state and federal law on accessibility. • Ensures that you will have your polling places. Texas Secretary of State

Supplies • Order supplies ahead of time. • Why is this important? • Allows you to be prepared for voting by mail, early voting and election day. • Helps determine costs. • Ensures ballots go out on time. • Be sure to allow time to proof ballots. Texas Secretary of State

Odds & Ends • Texas Attorney General • Public Information • Open Meetings Texas Secretary of State

Resources • Calendar • Glossary/Acronym List • Online Outlines: • Cancellation • Local Option Outline • Joint Elections • Handbooks Texas Secretary of State

SOS Contact Information • Election Official Toll-Free Line: • 1-800-252-2216 • Option 2 = Legal • Option 5 = Special Projects (Seminars) • SOS Email Address: • elections@sos.texas.gov • SOS Website: • www.sos.state.tx.us • www.votetexas.gov Texas Secretary of State

Preparing for Your Election