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Elections and Voter Information

Voter Information

2018 Opportunities to Use Countywide Polling Places and Countywide Polling Place Program FAQs

To: County Clerks/Elections Administrators in Counties Using DRE Voting Equipment
From: Keith Ingram, Director of Elections
Keith Ingram's signature
Date: November 3, 2017

RE:

2018 Opportunities to Use Countywide Polling Places and Countywide Polling Place Program FAQs

This memorandum is to answer general questions on the countywide election precinct polling place program (“the program”) and to provide deadlines and other pertinent dates regarding the submission of county applications to participate in the program for the March 6, 2018 Primary Election date and the May 5, 2018 and November 6, 2018 Uniform Election dates.

Background: Under Section 43.007(i) of the Texas Election Code, the Secretary of State may select six counties with a population of 100,000 or more and four counties with a population of less than 100,000 for participation in the program for an election. The Secretary of State may determine that a county’s participation in the program was “successful” following one election under the program. Once designated as “successful,” that county may continue to use the program for subsequent elections. Note that counties that have previously participated in the program, but have not been formally granted a “successful” designation in writing by the Secretary of State, must reapply to use the program for each election.

Eligible counties may apply to use countywide polling places in the following elections: the primary election and primary run-off election, the general election for state and county officers, elections taking place on the uniform election date in May and any resulting runoffs, a constitutional amendment election, and joint elections when a county is holding any of the aforementioned elections with a local political subdivision (e.g., city, school district, etc.).

Program FAQs

Q: What is required to participate in the program?

A: At a minimum, each county selected to participate in the program must have the following:

Q: If my county meets the minimum requirements, what is the next step of the process?

A: For tracking purposes, we request that counties file an intent to participate in the program with the Secretary of State’s Office (PDF). However, filing an intent does not reserve a spot in the program, and a full application must be received by the Secretary of State’s office by 5:00pm on the deadline provided by the Secretary of State.

Q: What should be included in an application for participation in the program?

A: An application should include the following:

Q: What must the letter to the Secretary of State in the application address?

A: The letter to the Secretary of State in the application must cover the following:

Q: Is there a notice requirement for the public hearing on use of the program?

A: The hearing is held by the commissioner’s court, which means that Chapter 551 of the Government Code applies. Specifically, the commissioner’s court must give written notice of the date, hour, place and subject of the meeting. Notice must be provided in a place readily accessible to the general public at all times and must be provided at least 72 hours before the scheduled time of the meeting.

Q: How many countywide polling places should my county have?

A: House Bill 1735 (85th Legislature, RS, 2017) adds Section 43.007(m) to the Texas Election Code which requires a county participating in the countywide polling place program to have at least one countywide polling place in each commissioners court precinct. Additionally, the number of countywide polling places within a commissioners court precinct may not exceed more than twice the number of countywide polling places located in any other commissioners court precinct.

In addition to these requirements, during the first year in which a county participates in the program, the total number of countywide polling places may not be less than 65% of the number of precinct polling places that would otherwise be located in the county for that election. After this, that number drops to no less than 50% of the number of precinct polling places that would otherwise be located in the county for that election.

Q: Who determines where the countywide polling places will be located?

A: In an election under the program, a county must adopt a methodology for determining where each polling place will be located. Some factors to consider in this process include: availability of public transportation to a polling location, population size near the polling location, and availability of a suitable building for a polling place. In addition, the establishment of polling places under the program should not result in the dilution of voting strength or representation of any group covered by the federal Voting Rights Act. For this reason, the Secretary of State strongly encourages counties to form vote center advisory committees to obtain feedback on voting locations.

Q: Who would serve on a vote center advisory committee?

A: The vote center advisory committee would consist of members from local political subdivisions, precinct officials and organizations that represent minority voters and voters with disabilities.

Q: How should my county notify voters of the change in polling locations?

A: At a minimum, an election day notice indicating the location of the nearest countywide polling place must be posted at each precinct polling place that was used in the last general election for state and county officers but will not be used in the election under the program. In addition, the notice of election should identify the Election Day polling places in the county.

Q: How are judges and clerks appointed for countywide polling locations?

A: House Bill 1735 (85th Legislature, RS, 2017) amended Section 32.002 of the Code to provide a procedure for the selection of presiding and alternate judges for a countywide polling place. Under the amended section, the county chairs shall submit a list of names of persons eligible for appointment as election judges to the county commissioners court. The commissioners court must apportion the number of judges for countywide polling places in direct proportion to the percentage of election precincts located in each county commissioners precinct won by each party in the last gubernatorial election.

For example, if the county has 10 county election precincts located in county commissioner precinct #1 and one party won 6 of those 10 precincts in the last gubernatorial election while the other party won 4 of those 10 precincts, there would be a 60% to 40% split of the county election precincts in that county commissioner precinct for the two parties. This means that if the county plans to have five countywide polling places in county commissioner precinct #1, the commissioners court must appoint a presiding judge from the list of the party who won 60% of the county election precincts to three of those five countywide polling places in county commissioner precinct #1 and a presiding judge from the list of the party who won 40% of the county election precincts to the remaining two of the five countywide polling places in county commissioner precinct #1. This is because 60% of five polling places is equal to three polling places and 40% of five polling places is equal to two polling places.

In cases where the application of percentages for countywide polling place judges does not result in a whole number, our office recommends that a county attempt to get as close to the percentages as possible and uniformly apply any resolution method.

Q: Are judges and clerks for countywide polling places required to be registered voters of the county election precinct where that countywide polling place is located?

Presiding and alternate judges for countywide polling places are not required to be qualified voters of any particular election precinct, but they must be qualified voters of the county. Additionally, a presiding or alternate judge for a countywide polling place does not have to reside in the election precinct where the countywide polling place is located, and more than one presiding or alternate judge from the same election precinct may be selected to serve on election day.

Q: If the election for my county is cancelled, does notice need to be posted at all countywide polling locations?

A: Yes. Under the Election Code, if an election is not held, notice should be posted on election day at each polling location that would have been used for that election. Under the program, this would mean that notice would be posted at each countywide polling location on election day in the event the election is cancelled.

Q: How does my county apply for “successful” status?

A: Following one election under the program, a county may apply for “successful” status with the Secretary of State and continue to use countywide election precinct polling places in subsequent elections. To apply for “successful” status, the Secretary of State must not have received any complaints that have been supplemented with evidence with respect to the county using countywide precincts in an election. The county commissioner’s court must then hold a public hearing on the use of countywide precincts. Notice of the meeting must be provided to all county party chairs, local political subdivisions and affected public interest groups. A recording or transcript of the hearing must be provided to the Secretary of State. The county judge will submit a letter requesting “successful” designation to the Secretary of State along with the recording or transcript of the public hearing. The Secretary of State will review the transcript or recording as well as reports of the county’s elections using the program to confirm the county met the requirements of the Code. Voter turnout data for elections using the program will be compared with turnout in previous elections without use of the program to determine whether use of the program caused a substantial reduction in voter turnout.

Deadlines and Other Pertinent Dates

Q: What are the deadlines and key dates for implementing the countywide polling place program for the March 6, 2018 primary election date?

A: The schedule for implementing the countywide polling place program for the March 6, 2018 primary election date is as follows:

Q: What are the deadlines and key dates for implementing the countywide polling place program for the May 5, 2018 uniform election date?

A: The schedule for implementing the countywide polling place program for the May 5, 2018 uniform election date is as follows:

Q: What are the deadlines and key dates for implementing the countywide polling place program for the November 6, 2018 general election date?

A: The schedule for implementing the countywide polling place program for the November 6, 2018 general election date is as follows:

If you are interested in participating in the program or need more information, please contact Heidi Martinez or call our office toll-free at 1-800-252-2216.

KI:AM