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Guide to Voter ID for Cities, Schools and Other Political Subdivisions. Keith Ingram, Director 25th Annual Seminar – December 2013. Agenda. Legal Update Preparing for the Election Preparing the Polling Place Qualifying and Accepting Voters Processing the Voter
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Guide to Voter ID for Cities, Schools and Other Political Subdivisions Keith Ingram, Director 25th Annual Seminar – December 2013 Texas Secretary of State Elections Division
Agenda • Legal Update • Preparing for the Election • Preparing the Polling Place • Qualifying and Accepting Voters • Processing the Voter • Post-Election “Cure Period” Texas Secretary of State Elections Division
Legal Update • On June 25, 2013, the U.S. Supreme Court issued its ruling in Shelby County v. Holder, deciding that Section 4 of the Voting Rights Act of 1965 is unconstitutional. • Section 4 was the coverage formula that determined which states/jurisdictions would be required to seek preclearance from the DOJ prior to making any changes in election procedures. • Decision provided that Congress may adopt a new coverage formula in the future. Texas Secretary of State Elections Division
Senate Bill 14 • The U.S. Supreme Court’s decision in Shelby County v. Holder also ended pending litigation related to S.B. 14 (Voter ID Law) from the 82nd Legislature. • Voters are now required to show a photo ID to vote. Texas Secretary of State Elections Division
Preparing for the Election • Training Poll Workers • Order New Forms • Voter Outreach Texas Secretary of State Elections Division
Training Poll Workers • Poll workers are required to be trained on “accepting and handling” identification under the new law. • SOS has online training available. • SOS has updated handbooks and other materials. Texas Secretary of State Elections Division
Order New Forms • Election Forms (Early Voting and Election Day) • Voter Information Bulletin • Early Voting Combination Form • Election Day Combination Form • Provisional Ballot Affidavit • Poll List • Registration Omissions List • Notice of Acceptable Identification Poster • Notice to Provisional Voter Texas Secretary of State Elections Division
Order New Forms • Post-Election Forms for Voter Registrar • List of Voters Providing ID During 6 Day Cure Period • Request for Identification Exemption • Request for Permanent Exemption Texas Secretary of State Elections Division
Voter Outreach • SOS is conducting outreach across the state! • Secretary Steen is visiting locations across the state. • Radio and TV spots notifying voters about the new law. • Mobile EIC Units. Texas Secretary of State Elections Division
Preparing the Polling Place NEW LAW: Presiding Judge must post Notice of Acceptable Identification. • Must be printed using a font size of at least 24 point. • Must post at a “prominent location” near the entrance of the polling place. Texas Secretary of State Elections Division
Qualifying and Accepting Voters • Acceptable Forms Identification • Substantially Similar Names Texas Secretary of State Elections Division
Acceptable Forms of Identification There are 7 forms of acceptable ID: • Texas driver license issued by the Texas Department of Public Safety (DPS) • Texas Election Identification Certificate issued by DPS • Texas personal identification card issued by DPS • Texas concealed handgun license issued by DPS • United States military identification card containing the person’s photograph • United States citizenship certificate containing the person’s photograph • United States passport Texas Secretary of State Elections Division
ID Must be Valid • The identification must be current or have expired no more than 60 days before being presented for voter qualification at the polling place. • NOTE: There are some forms of acceptable identification that do NOT expire and are current at the time of voting: • Certificates of Citizenship/Naturalization • Uniformed Services IDs (Military) • Veterans Affairs IDs (Military) • EICs for voters 70 years of age or older • DPSIdentification Cards Texas Secretary of State Elections Division
Texas Driver’s License Photograph: Texas law requires the ID to have a photograph of the voter. Expiration Date: Per §63.0101 must be valid, or expired within 60 days. Name: If the voter’s name on list of registered voters in the precinct, does not match exactly to the ID provided, a “Substantially Similar Name Affidavit” must be completed by the voter. Texas Secretary of State Elections Division
Texas Driver’s License – Under 21 Texas Secretary of State Elections Division
Election Identification Certificate (EIC) Photograph: Texas law requires the ID to have a photograph of the voter. Expiration Date: Per §63.0101 must be valid, or expired within 60 days. Name: If the voter’s name on list of registered voters in the precinct, does not match exactly to the ID provided, a “Substantially Similar Name Affidavit” must be completed by the voter. Texas Secretary of State Elections Division
Texas Personal Identification Card Photograph: Texas law requires the ID to have a photograph of the voter. Expiration Date: Per §63.0101 must be valid, or expired within 60 days. Name: If the voter’s name on list of registered voters in the precinct, does not match exactly to the ID provided, a “Substantially Similar Name Affidavit” must be completed by the voter. Texas Secretary of State Elections Division
DPS Receipts Texas Secretary of State Elections Division
DPS Receipts • Receipts are issued at DPS locations when you apply for a driver’s license, identification card, or EIC. • They are printed on letter sized paper. • They are used until real card is received by individual in the mail. Texas Secretary of State Elections Division
Concealed Handgun License Photograph: Texas law requires the ID to have a photograph of the voter. Expiration Date: Per §63.0101 must be valid, or expired within 60 days. Name: If the voter’s name on list of registered voters in the precinct, does not match exactly to the ID provided, a “Substantially Similar Name Affidavit” must be completed by the voter. Texas Secretary of State Elections Division
U.S. Military Identification Cards There are FOUR acceptable types of military ID cards: • Department of Defense (DoD) Common Access Card (CAC) • Uniformed Services ID Cards • DoD Civilian Retiree Cards • Veterans Affairs ID Cards Texas Secretary of State Elections Division
DoD Common Access Card “CAC” • NOTE: The seals to the right of the picture will change according to branch of service. Texas Secretary of State Elections Division
Voting in Texas with a CAC Photograph: Texas law requires the ID to have a photograph of the voter. Expiration Date: Per §63.0101 must be valid, or expired within 60 days. Name: Per §63.001(c) if the voter’s name appears on the list of registered voters in the precinct, but does not match exactly to the ID provided, a “Substantially Similar Name Affidavit” must be completed by the voter. Texas Secretary of State Elections Division
Exception • CACs with a blue bar across the name signify that the cardholder is a non-U.S. citizen, and may not be a qualified voter. • Contractors will have a green bar, which works voters on the list of registered voters. Texas Secretary of State Elections Division
Uniformed Services ID Cards • There are four versions of Uniformed Services ID Cards. All look similar, but are issued in four different colors. Texas Secretary of State Elections Division
Voting in Texas with Uniformed Services ID Cards Expiration Date: Per §63.0101 must be valid, or expired within 60 days. However, not all cards expire-some will say “INDEF” for indefinitely. Photograph: Texas law requires the ID to have a photograph of the voter. Name: Per §63.001(c) if the voter’s name appears on the list of registered voters in the precinct, but does not match exactly to the ID provided, a “Substantially Similar Name Affidavit” must be completed by the voter. Texas Secretary of State Elections Division
Uniformed Services ID Cards Green – Generally for members of the Individual Ready Reserves and Inactive National Guard. Blue – Generally for retirees, and members on Disability Retired Lists. Pink – Generally for retired members of the Reserves and National Guard under the age of 60, and certain dependents. Orange – Generally for certain dependents (active duty), Medal of Honor recipients, disabled veterans, and others. Texas Secretary of State Elections Division
DoD Civilian Retiree Cards Photograph: Texas law requires the ID to have a photograph of the voter. Name: Per §63.001(c) if the voter’s name appears on the list of registered voters in the precinct, but does not match exactly to the ID provided, a “Substantially Similar Name Affidavit” must be completed by the voter. Expiration Date: Per §63.0101 must be valid, or expired within 60 days. Texas Secretary of State Elections Division
Veteran Affairs ID Cards Photograph: Texas law requires the ID to have a photograph of the voter. Name: Per §63.001(c) if the voter’s name appears on the list of registered voters in the precinct, but does not match exactly to the ID provided, a “Substantially Similar Name Affidavit” must be completed by the voter. Veteran Affairs IDs do not expire. Texas Secretary of State Elections Division
U.S. Certificate of Citizenship REMEMBER – Certificates of Citizenship do not expire. Texas Secretary of State Elections Division
U.S. Certificate of Naturalization REMEMBER – Certificates of Naturalization do not expire. Texas Secretary of State Elections Division
U.S. Passport Texas Secretary of State Elections Division
U.S. Passport Card • Allows entry from Canada, Mexico, the Caribbean, and Bermuda at land border crossings or sea ports-of-entry. • Wallet Size. Texas Secretary of State Elections Division
Certificate for Permanent Exemption If a voter has applied for and received a permanent exemption to the photo ID requirement, they will provide a voter registration certificate with an (E) notation. NOTE: Designation of (E) next to VUID Number. Example: 1197099876 (E). Texas Secretary of State Elections Division
Substantially Similar Name • NEW: Election workers will need to fully compare the voter’s name listed on the List of Registered Voters to the name listed on the acceptable form of ID. Texas Secretary of State Elections Division
Possibilities • Name on List of Registered Voters and ID are identical. • Name on List of Registered Voters is “substantially similar” to name on ID. • Name on List of Registered Voters is too different from name on ID to verify the voter. Texas Secretary of State Elections Division
Names are Identical • If the voter’s name on the List of Registered Voters is identical to the name on the ID, the voter will proceed as usual. • Example: Precinct 1 – Travis County List of Registered Voters Lady Bird Johnson 123 Texas Way Austin, Texas 71234 Date of Birth: 12/22/1912 Texas Driver License Lady Bird Johnson 123 Texas Way Austin, Texas 71234 Date of Birth: 12/22/1912 Texas Secretary of State Elections Division
Names are Substantially Similar • Who is Allowed to Make Determination? • Early Voting Clerk • Deputy Early Voting Clerk • Election Judge • Election Clerk Texas Secretary of State Elections Division
What are Substantially Similar Names • Names that are: • Slightly Different • Customary Variation • Initial, Middle Name or Former Name • Different Field Texas Secretary of State Elections Division
Slightly Different Texas Secretary of State Elections Division
Slightly Different • Minor misspellings of names, e.g. Jan vs. Jane, Julia vs. Julie. • Extra letters, minor typos. • Common different spellings, e.g. John or Jon, Mark or Marc. Texas Secretary of State Elections Division
Customary Variation Texas Secretary of State Elections Division
Customary Variation • English vs. Spanish vs. French spellings, e.g. Jean vs. John, Jose vs. Joseph, Esperanza vs. Hope. • Common Abbreviations, e.g. Sam for Samuel, Kim for Kimberly. Texas Secretary of State Elections Division
Initial, Middle Name, Former Name Texas Secretary of State Elections Division
Initial, Middle Name, Former Name • Maiden Names/Former Names • Married Names • Initials Texas Secretary of State Elections Division
Different Field Texas Secretary of State Elections Division
Different Field • Hyphenated Names • Maiden Names as Middle Names Texas Secretary of State Elections Division
Totality of the Circumstances • Use all information on ID and the List of Registered Voters to assist in the determination: • Address • Date of Birth • Photograph Texas Secretary of State Elections Division
Totality of the Circumstances • Claudia Alta “Lady Bird” Taylor Johnson Precinct 1 – Travis County List of Registered Voters Claudia Bird Taylor 123 Texas Way Austin, Texas 71234 Date of Birth: 12/22/1912 Texas Driver License Lady Bird Johnson 123 Texas Way Austin, Texas 71234 Date of Birth: 12/22/1912 Texas Secretary of State Elections Division
Totality of Circumstances • Buddy Holly vs. Charles Hardin Holley • Ike Eisenhower vs. Dwight David Eisenhower REMEMBER TO COMPARE ALL INFORMATION Texas Secretary of State Elections Division