Mini Workshop for

OtherPolitical

Subdivisions

Katie CarnerAttorney, Allen Boone Humphries

Robinson LLP

John PeelerAttorney, Coveler & Katz, PC

John OldhamElection Administrator, Fort Bend

CountyLegislative Chair, TAEA

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Road Map

• Legislative Changes• Bond Elections• Beyond the Election

Code• Important Dates• Helpful Reminders• Q&A

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Important Legislative Changes that affect your 2016 elections

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Senate Bill 1703First day to fileJanuary 20th, 2015

House Bill 2354Changes May election date to the 1st Saturday in May Election Day ~

Saturday, May 7th, 2016

Filing deadline moved to the 78th day before election day

5:00 p.m. on February 19, 2015

Write-In Deadline extended 5:00 p.m. on February 23, 2015

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House Bill 1927

• Conduct of Ballot By Mail Procedures It is very important to coordinate with your County

election officials and Voter Registrar regarding annual ballot by mail requests.

Election Code § 86.0015(c):¨ The County Clerk must provide the political subdivision’s early

voting clerk with a list of voters of the political subdivision in that County who have submitted annual ballot by mail applications.

¨ After receiving the list, the political subdivision’s early voting clerk must provide a ballot by mail to the voters on the list.

If you receive an annual ballot by mail application not marked only for your political subdivision, you should promptly share it with the election officials for your County.

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House Bill 1927 (cont’d)

• Delivery of ballots by mail Election Code § 86.006(a-1). Voters may now

deliver their marked ballot by mail in person to the early voting clerk’s office, but only while the polls are open on election day.

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House Bill 2027• Election Code Chapters 42 and 43. Relating to

establishing precincts and polling places for political subdivision elections held on a uniform election dates. Removed exemption for political subdivisions in

Harris and surrounding Counties and requires the use of County precincts and polling places for November elections.

Maintained exemption from use of County precincts and polling places for political subdivisions that hold elections on the May uniform election date that either:¨ Have not established a permanent or branch temporary

early voting place; or¨ Conduct early voting by personal appearance (1) at 75%

or more of their permanent or temporary branch on same days and during same hours as voting conducted at the main early voting polling place; and (2) at each remaining polling place for at least two consecutive days of voting during the early voting period, and for at least eight hours on each of the two consecutive days.

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House Bill 2027 (cont’d)

• Potential implications for elections held in Counties that participate in the countywide polling place program.

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List of Counties Currently Approved for Participation in Countywide Polling Place

Program• Aransas County• Brazoria County• Brazos County• Callahan County• Collin County• Coryell County• Eastland County• Ector County• Erath County• Floyd County• Fort Bend County

• Gaines County• Galveston County• Grayson County• Hood County• Hopkins County• Jefferson County• Lampasas County• Lubbock County• Madison County• McLennan County• Midland County• Milam County

• Navarro County• Parker County• Potter County• Randall County• Smith County• Swisher County• Taylor County• Travis County• Victoria County• Williamson

County

For updated list, please contact the Secretary of State’s Office.

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Bond and other Debt Obligation Elections• For bond and other debt obligation elections held after

September 1, 2013, new content and posting requirements for the Notice of Election and Election Order.

• Election Code § 3.009. The Election Order must contain: Proposition language that will appear on the ballot; Purpose for which the debt obligations are to be authorized; Principal amount of the debt obligations to be authorized; That taxes sufficient to pay the annual principal of and interest on the

debt obligations may be imposed; A statement of the estimated tax rate if the debt obligations are

authorized or of the maximum interest rate of the debt obligations or any series of the debt obligations, based on the market conditions at the time;

The maximum maturity date of the debt obligations to be authorized; The aggregate amount of the outstanding principal of the political

subdivision’s debt obligations as of the beginning of the political subdivision’s fiscal year in which the election is ordered;

The aggregate amount of outstanding interest on debt obligations of the political subdivision as of the beginning of the political subdivision’s fiscal year in which the election is ordered; and

The ad valorem debt service tax rate for the political subdivision at the time the election is ordered.

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Bond Elections (cont’d)• Election Code § 4.003. The

Election Order must be posted: On election day and during early

voting by personal appearance, in a prominent location at each polling place;

Not later than the 21st day before the election, in three public places within the boundaries of the political subdivision; and

If the political subdivision maintains a website, during the 21 days before the election, on the political subdivision’s website, prominently and together with the Notice of Election and the contents of the proposition.

First day of early voting

Last day of early voting

21-day deadline before election*

*Actually 19 days before election day; moved forward because 21st day falls on a Saturday.

ElectionDay

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Bond Elections (cont’d)

• When contracting with a County, check to see if they will post your Election Order at each early voting and election day location.

• Make sure that you receive a Certificate of Posting from the County.

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Beyond the Election Code

• Other Codes can contain election requirements and, in some instances, control over provisions of the Election Code. Example: Election Code § 141.040 provides that

the Notice of Candidate Filing Period must be posted no later than the 30th day before the first day on which a candidate may file the application.¨ BUT for Water Districts, Water Code § 49.113 provides

that the notice required by Election Code § 141.040 must be posted no later than the 30th day before the deadline for a candidate to file an application.

¨ How do you resolve the conflict? In this case:Water Code § 49.101. All elections shall be generally conducted in accordance with the Election Code except as otherwise provided for by this code.

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Beyond the Election Code (cont’d)

• Other examples for Water Districts:– Water Code § 49.109. Agent of the Secretary of the

governing body of the District may be a District consultant, not just a District officer or employee (compare with Election Code § 31.123(a)).

– Water Code § 49.110(a). Not required to provide Notice of Appointment to presiding judge (compare with Election Code § 32.009).

– Water Code § 49.110(b). Election judges must be a registered voter of the County in which the District is wholly or partly located (compare with Election Code § 32.051).

– Water Code § 49.111. Under certain circumstances, the District may be exempt from using electronic voting systems (compare with Election Code §§ 61.012 & 61.013).

• Know your Codes!

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Important Dates for May 2016 Elections

• December 21, 2015: Deadline for political subdivisions other than Water Districts to

post Notice of Candidate Filing Period• January 20th:

First Day to File for a Place on the Ballot Deadline for Water Districts to post Notice of Candidate Filing

Period• February 19th – 5:00 p.m.:

Last Day to File for a Place on the Ballot Deadline for political subdivisions to order an election Deadline to post and to mail to each candidate Notice of Drawing

for Place on Ballot for the drawing to be conducted on Tuesday, February 23rd

• February 22nd: Deadline for a Water District exempt from the use of electronic

voting equipment to publish or mail notice of exemption (Water Code § 49.111)

• February 23rd – 5:00 p.m.: Deadline for Write-In Candidates to File

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Important Dates (cont’d)• February 24th:

First day that an election maybe cancelled (if applicable)• February 26th – 5:00 pm:

Last day for a candidate (including write-in) to withdraw• February 23rd:

Recommended date to conduct ballot drawing• March 8th:

Last day to deliver notice of the election to the County Clerk/Elections Administrator/Voter Registrar

Recommended date for political subdivision administering their own election to request initial list of voters who have submitted an application for annual ballot by mail

• March 18th: Mandatory Secretary/Agent office hours begin (at least 3

hours/day)

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Important Dates (cont’d)• March:

Ballot By Mail deadlines: The early voting clerk must mail a ballot not later than the later of: (1) the 7th day after the early voting clerk has accepted the application of ballot by mail; or (2) the date the ballot becomes available

• April 7th:

LAST DAY TO REGISTER TO VOTE• April 18th:

Last day to post Notice of Election on bulletin board used for posting notices of meetings of governing body

• April 22nd: Last day to notify election judges of duty to hold election (Writ of Election)

• April 25th : Last day to apply for a Ballot By Mail

¨ Recommend checking with County election officials for any additional annual ballot-by-mail applications

First day of early voting by personal appearance¨ Early voting must be conducted at least 8 hours each weekday unless

the political subdivision has fewer than 1,000 registered voters, then early voting in person must be conducted at least 3 hours per day (Election Code § 85.005(b))

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Important Dates (cont’d)• May 3rd:

Last day of early voting by personal appearance• May 7th:

ELECTION DAY - 7:00 A.M. TO 7:00 P.M¨ Ballots By Mail must be received by 7:00 P.M. ¨ Make sure to make arrangements for any voter who

decides to deliver his or her ballot to the early voting clerk’s office to have access to the location

• May 10th: First day to conduct official local canvass If political subdivision cancelled its election because

candidates were unopposed for office, first day to issue Certificate of Election to each candidate and for candidates to take actions necessary to qualify for office (oath of office, sworn statement, etc.)

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Important Dates (cont’d)• May 12th:

Last day to receive a mail ballot from a voter voting outside of the U.S. ¨ Ballot must have been placed in the mail by 7:00

pm on election day (Election Code § 86.007 (d)(3))• May 13th:

Deadline for a provisional voter to present to the Voter Registrar affidavits or acceptable identification in order for their provisional ballot to be counted (Election Code §§ 65.054(b) & 65.0541(a); 1 Tex. Admin. Code § 81.71)

Deadline for Voter Registrar to complete review of provisional ballots

May 16th: Deadline for early voting ballot board to convene and

count any overseas or provisional ballots

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Important Dates (cont’d)• May 18th:

Last day to conduct official local canvass• June 6th :

Deadline for filing electronic precinct-by-precinct returns with the Secretary of State

• June 16th: Last day of Secretary/Agent mandatory

office hours

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REMEMBER• Annexations/Exclusions

If your political subdivision has had any boundary changes (annexations or exclusions), you need to notify the Voter Registrar of the County or Counties involved within 30 days (Election Code § 42.0615)

• Updated Forms Make sure you have the most recent version of the election forms All election forms are available on the Secretary of State’s website

(http://www.sos.state.tx.us/)

• Translation Requirements Under the federal Voting Rights Act, whether you are conducting your

own election or contracting with the County, your ballot and all other voter-related materials will need to be in English & Spanish and may need to be translated in additional languages ¨ Additional information is available on the Department of

Justice’s website (http://www.justice.gov/crt/about-language-minority-voting-rights)

Most Counties require you to provide translated ballot language

REMEMBER. . .• Rental of Electronic Voting Equipment

• If your political subdivision will need to rent electronic voting equipment, don’t wait too long!

• If the voting system you use is different from what you have used in the past, make sure that your political subdivision adopts the new voting system (Election Code Ch. 123)

• Communication• If you are contracting with a County to administer

your election, make sure you stay in contact with your County Election Officials and Voter Registrar. This is a primary year, and it is very important to meet all deadlines!

• If you are not contracting with a County, communication will still be key to implement the annual ballot by mail requirements

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Any questions?

Katie CarnerAllen Boone Humphries Robinson LLP3200 Southwest Freeway, Suite 2600

Houston, TX 77027(713) 860-6482

kcarner@abhr.com

John PeelerAttorney, Coveler & Katz, PC

Emergency Services Districts

CONTRACTING WITH COUNTY

Election AdministratorLegislative Chair, TAEA