Early Voting by Mail

1. Early Voting by Mail 26th ANNUAL ELECTION LAW SEMINAR For Cities, School, and Other Political Subdivisions Caroline Geppert December 2014 Texas Secretary of State Elections Division

2. TOPICS COVERED IN EVBM OUTLINE • Who runs early voting? • Who can vote by mail? • How to vote by mail. • Witness and Assistance rules and procedures. • Mailing balloting materials to voter. • Receiving the ballot by mail. • Signature Verification Committee (not covered in this presentation) Texas Secretary of State Elections Division

3. Early Voting Clerk • County – CC/EA • City – City Secretary • School/Others – Appointed by Governing Body • Qualified voter of political subdivision, OR • Permanent employee of political subdivision & registered in TX • Disqualifications • Deputy Early Voting Clerks – Permanent/Temporary • Compensation • City Secretary – none • Others – may receive compensation Texas Secretary of State Elections Division

4. WHO CAN VOTE BY MAIL? • 65 or older on Election Day • Disabled • Absent from County during Early Voting and on Election Day • Confined in Jail • In Address Confidentiality Program Texas Secretary of State Elections Division

5. How to Vote By Mail Complete & Submit Official or Informal Application • In writing • Signed by applicant or witness • Contain Applicant’s Name • State Registered Residence Address • Contain Address to which ballot to be mailed • State Grounds for voting by mail • Indicate Type and Date of Election Texas Secretary of State Elections Division

6. How to Submit an Application • Delivery • Before early voting in person begins • After early voting in person begins • Common or contract carrier • Deadline • 9th Day before election day (moves to 11th day for Tuesday elections) • FPCA’s are still 7th day • Runoff rule Texas Secretary of State Elections Division

7. Review of Application for Ballot by Mail • Timeliness • Proper Delivery (mail, common/contract carrier, fax, in person by voter) • Correct Clerk • Registration Status (if on suspense, send SOR) • Residence and Mailing Address/SOR • Additional Considerations (outside county, disability, 65 or older) Texas Secretary of State Elections Division

8. Accepting Application • Place in Jacket Envelope • Place Voter’s name on Early Voting Roster • Indicate on Roster ballot was mailed • Add voter’s name to precinct list of early voters • Make notation on list of registered voters that voter was mailed a ballot Texas Secretary of State Elections Division

9. Rejecting Application • Mail/otherwise deliver notice of rejection • Include new ABBM if original received on or before 12th day before election day • Keep rejected application in file & attach copy of rejection letter Texas Secretary of State Elections Division

10. Cancelling Application • Request must: • Be in Writing • Specify Election • Be Received by the EV Clerk by the 3rd day before election day • Be Received before the marked ballot is returned to the EV Clerk • Exception #1: AFTER EARLY VOTING BY PERSONAL APPEARANCE HAS CLOSED: Request may be submitted at the early voting clerk’s office, but it must be submitted in person by the voter. Also, the voter must accompanythe request with the ballot or sign an affidavit that the ballot was never received. • Exception #2: DURING EARLY VOTING BY PERSONAL APPEARANCE OR ON ELECTION DAY AT EARLY VOTING OR ELECTION DAY POLLING PLACE: At any early voting polling place or at the voter’s election day precinct polling place, a voter may cancel by returning the mail ballot OR presenting a “Notice of Improper Delivery” to the polling place official. • Exception #3: An applicant may cancel even if the marked ballot has been received by the early voting clerk if the applicant appears in person to the main early voting clerk and executes an affidavit stating that the voter did not mark the ballot as long as the ballot has not yet been delivered to the early voting ballot board. [Section 84.032(e)] Texas Secretary of State Elections Division

11. Cancelling Applications, cont. • Review cancellation request • Cancellation approved • Notice of Cancellation provided to voter; voter may bring to polling place and vote in person • Remove voter’s name from EV Roster & EV precinct list (if list not yet sent to Eday Judge) • Remove notation on List of Registered Voters that voter was mailed ballot • Attach cancellation request to ABBM and retain with other election records • Cancellation denied • Notify voter of rejection and reason; retain cancellation request • NOTE: A voter who requested a ballot by mail, did not return the ballot by mail, and now no longer has the ballot by mail, may cast a provisional balloteither during early voting or on election day by completing an affidavit indicating that he or she has not voted by mail and is a registered voter in the precinct, per Section 63.011(a-1). Texas Secretary of State Elections Division

12. Mailing Ballot to Voter • Mail to the Voter: • Ballot • Ballot envelope • Carrier Envelope • List of declared write-in candidates • SOR, if applicable • Dear Voter Letter or other special Instructions • Notice regarding postage Texas Secretary of State Elections Division

13. Mailing Ballot, Cont. • Deadline to Mail Ballots • Ballot Error or Incorrect Ballot Procedure • Affects voter’s choice? • Procedure • Availability of Early Voting by Mail Records • ABBM & Carrier Envelope • EV Rosters Texas Secretary of State Elections Division

14. Assisting Voter • In marking/reading ballot if physical disability/inability to read/mark ballot • Assistant signs oath, states name/address • Unlimited if comply with requirements • Offenses • Assistant does not provide name/address • Compensation based on number of voters assisted • Unlawful assistance • To voter not eligible for assistance • Prepares ballot other than voter directs • Suggests how voter should vote • Voter did not request assistance Texas Secretary of State Elections Division

15. Receiving Early Voting Ballot By Mail • Time of receipt • Submission/Delivery of Carrier Envelope • Action on timely-returned ballots • Open delivery envelope • Place delivery envelope in jacket envelope • More than one carrier in delivery envelope • Registered at same address? Seal Jacket Envelope, keep in safe place, deliver to EVBB Texas Secretary of State Elections Division

16. Receiving Early Voting Ballot By Mail, Cont. • Ballots not timely-returned • Improper delivery • Notice of Improper delivery may be presented by voter during early voting or on election day; voter may vote in person. • Possession of another person’s carrier envelope • Enter time of receipt on carrier, retain carrier, preserve unopened carrier • Deliver written notice to voter (voter may present notice and vote on election day) • Defective Carrier timely returned • E.g., voter fails to sign Texas Secretary of State Elections Division

17. Carrier Envelope Criminal Offenses • Witness on carrier envelope fails to provide name/residence address • Person mails another voter’s ballot and does not provide signature, name, address. • No offense if relative or registered at same address for either of above offenses • Compensation for collecting and mailing carrier envelopes if based on number of ballots mailed. • Buying or selling of ballot/balloting materials (appears in outline after signature verification committee). Texas Secretary of State Elections Division

18. Carrier Envelope Criminal Offenses • Witness on carrier envelope fails to provide name/residence address • Person mails another voter’s ballot and does not provide signature, name, address. • No offense if relative or registered at same address for either of above offenses • Compensation for collecting and mailing carrier envelopes if based on number of ballots mailed. • Buying or selling of ballot/balloting materials (appears in outline after signature verification committee). Texas Secretary of State Elections Division

19. Signature Verification Committee • Will be covered in Early Voting Ballot Board talk later today. Texas Secretary of State Elections Division