ELECTIONS: CONDUCTING AN ELECTION

Note: If the college district is subject to a court order or other binding legal determination, the college district shall conduct its elections in accordance with that court order or determination, applicable law, and this policy. To the extent of any conflict, the court order or other legal determination shall prevail.

Election Services

If requested to do so by a political subdivision, including a college district, the county elections administrator shall enter into a contract to furnish the election services requested, as set forth at Election Code Chapter 31, Subchapter D. A county elections administrator is not required to enter into a contract to furnish election services for an election held on the first Saturday in May in an even-numbered year.

Election Code 31.093(a), 41.001(d)

Election Order

The governing body of a political subdivision, including a college district board of trustees, shall order the election. For an election to be held on a uniform election date, the election shall be ordered not later than the 78th day before election day.

Each election order must designate and state the location of the main early voting polling place and must state the date of the election; the offices or measures to be voted on; the date that early voting will begin if the early voting period is to begin later than the prescribed date; the dates and hours that voting will be conducted, include voting on Saturday and Sunday; the early voting clerk’s official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different; and the early voting clerk’s phone number, email address, and internet website, if the early voting clerk has an internet website. The authority ordering an election shall preserve the order, proclamation, or other document ordering the election, in an election involving a federal office, for at least 22 months after election day in accordance with federal law or, in an election not involving a federal office, for at least six months after election day.

Election Code 3.004, .005(c), .006, .008, 66.058(a), 83.010, 85.004, .007

Failure to Order an Election

Failure to order a general election does not affect the validity of the election.

Election Code 3.007

Election Notice

Contents

The notice of a general or special election must state:

1. The nature and date of the election;

2. The location of each polling place;

3. The hours the polls will be open;

4. The internet website of the authority conducting the election;

5. For early voting:

a. The designated location of the main early voting polling place, as determined under Election Code 85.002;

b. The date that early voting will begin if under Education Code 85.001(d) the early voting period is to begin later than the prescribed date;

6. The regular dates and hours that early voting will be conducted;

7. The early voting clerk’s official mailing address.

8. The numbers of the positions to be filled;

9. The candidates for each position; and

10. Any other matters deemed necessary or advisable.

When the Election Code requires notice of a polling place location, the written notice must state the building name, if any, and the street address, including the suite or room number, if any, of the polling place.

Election Code 1.021, 4.004(a), 83.010, 85.004, .007; Education Code 130.082(f)

Notice of Special Election

The notice of a special election must also state each office to be filled or the proposition stating each measure to be voted on.

Election Code 4.004(b)

Publication

Notice of the election shall be given by publishing the notice at least once, not earlier than the 30th day or later than the 10th day before election day in a newspaper published in the territory that is covered by the election and is in the jurisdiction of the authority responsible for giving the notice or in a newspaper of general circulation in the territory if none is published in the jurisdiction of the authority responsible for giving the notice. If notice of an election is given by publication, the authority responsible for giving the notice shall retain a copy of the published notice that contains the name of the newspaper and the date of publication. The records shall be preserved by the authority to whom they are distributed for at least 22 months after election day.

Election Code 4.003(a)(1), .005(a), 66.058(a); Education Code 130.082(f)

Posting

In addition to the notice described above, not later than the 21st day before election day, a county shall post a copy of a notice of

the election given by the county or provided to the county by a political subdivision under Election Code 4.008(a), which must include the location of each polling place, on the county’s internet website, if the county maintains a website. An authority responsible for giving notice of an election may post a copy of the notice on the bulletin board used for posting notices of the meetings of the governing body of the political subdivision that the authority serves. If a county does not maintain a website, the authority responsible for giving notice of the election shall post a copy of a notice of the election on the bulletin board used for posting notices of meetings of the governing body of the political subdivision that the authority serves. The notice must remain posted continuously through election day. The notice must include the location of each polling place. The person posting the notice shall make a record at the time of posting stating the date and place of posting. The person shall sign the record and deliver it to the authority responsible for giving the election notice after the last posting is made.

Election Code 4.003(b), .005(b)

Early Voting

Any notice required under Election Code 85.007 must also be

posted on the internet website of the authority ordering the election, if the authority maintains a website.

Election Code

85.007(d)(1)

Notice to the County Clerk and Voter Registrar

The governing body of a political subdivision, other than a county, that orders an election shall also deliver notice of the election, including the location of each polling place, to the county clerk and voter registrar of each county in which the political subdivision is located not later than the 60th day before election day.

Election Code 4.008(a)

Notice to Election Judge

Not later than the 15th day before election day or the seventh day after the date the election is ordered, whichever is later, the authority responsible for giving notice of the election shall deliver to the presiding judge of each election precinct in which the election is to be held in the authority’s jurisdiction a written notice of:

1. The nature and date of the election;

2. The location of the polling place for the precinct served by the judge;

3. The hours that the polls will be open;

4. The judge's duty to hold the election in the precinct specified by the notice; and

5. The maximum number of clerks that the judge may appoint for the election.

Election Code 4.007

Failure to Give Notice of Election

Failure to give notice of a general election does not affect the validity of the election.

Election Code 4.006

Filing Information

Notice to Candidates

The authority with whom an application for a place on the ballot must be filed shall post notice of the dates of the filing period in a public place in a building in which the authority has an office not later than the 30th day before the first day on which a candidate may file the application. An authority shall designate an email address in the notice for the purpose of filing an application for a place on the ballot under Election Code 143.004.

Election Code 141.040

Publication of Filing Information Online

A political subdivision, including a college district, with the authority to impose a tax that maintains a publicly accessible internet website, shall post on a publicly accessible internet website the requirements and deadline for filing for candidacy of each elected office of the political subdivision, which shall be continuously posted for at least one year before the election day for the office.

Gov’t Code 2051.201(a), (b)(4)

General Election

An application for a place on the ballot may not be filed earlier than the 30th day before the date of the filing deadline. Any resident, qualified elector of a junior college district may have his or her name placed as a candidate on the official ballot for any position to be filled at each regular election by filing a written application, signed by the candidate, with the secretary of the board not later than 5:00 p.m. of the 78th day before election day, if the election is to be held on a uniform election date.

Education Code 130.082(g); Election Code 144.005

Special Election

An application for a place on a special election ballot may not be filed before the election is ordered.

An application must be filed not later than:

1. 5:00 p.m. of the 62nd day before election day if election day is on or after the 70th day after the election is ordered; or

2. 5:00 p.m. of the 40th day before election day if election day is on or after the 46th day and before the 70th day after the date the election is ordered.

Election Code 201.054(a), (d)

Exception

For a special election to be held on the date of the general election for state and county officers (the November uniform election date of even-numbered years), the filing deadline is 6:00 p.m. of the 75th day before election day.

Election Code 201.054(f)

Write-In Candidacy

In a general or special election for members of the governing body of a junior college district, a write-in vote may not be counted for a person unless the person has filed a declaration of write-in candidacy with the secretary of the board of trustees in the manner provided for write-in candidates in the general election for state and county officers. A declaration of write-in candidacy must be filed not later than 5:00 p.m. of the 74th day before election day, if the election is to be held on a uniform election date.

A declaration of write-in candidacy for a special election must be filed not later than the filing deadline prescribed by Election Code 201.054.

A write-in candidate may not withdraw from the election after the 71st day before election day.

Education Code 130.0825(a)–(b); Election Code 146.054, 201.054(g)

Application

The application must state the number of the position for which the person is a candidate or the name of the incumbent member of the board holding the position for which the person desires to run. The application shall include all statutorily required information, including that found at Election Code 141.031 and 141.039, such as an oath and a statement that the candidate is aware of the nepotism law. [See BBBD] The candidate shall be eligible to run for only one position at each election.

Education Code 130.082(g); Election Code 31.0021, 141.031, .039

Withdrawal

To withdraw from an election, a candidate whose name is to appear on the ballot must request that the candidate's name be omitted from the ballot in accordance with Election Code 145.001.

Election Code 145.001(a)

Deadline

A candidate may not withdraw from an election after 5:00 p.m. of the fifth day after the deadline for filing the candidate's application for a place on the ballot.

Election Code 145.092(a)

Exceptions

A candidate in an election for which the filing deadline for an application for a place on the ballot is not later than 5:00 p.m. of the

62nd day before election day may not withdraw from the election after 5:00 p.m. of the 57th day before election day.

A candidate in an election for which the filing deadline for an application for a place on the ballot is not later than 5:00 p.m. of the 78th day before election day may not withdraw from the election after 5:00 p.m. of the 71st day before election day.

A candidate in a runoff election may not withdraw from the election after 5:00 p.m. of the third day after the date of the final canvass for the main election.

Election Code 145.092(b), (d), (f)

Late Request

If a candidate files a withdrawal request after the deadline prescribed by Election Code 145.092, and the candidate complies with each requirement under Election Code 145.001 except that the candidate's filing to withdraw is untimely, the authority responsible for preparing the ballots may choose to omit the candidate from the ballot if at the time the candidate files the withdrawal request:

1. The ballots have not been prepared; and

2. If using a voting system to which Election Code Chapter 129 applies, public notice of the test of logic and accuracy has not

been published.

Election Code 145.098(a)

Death of Candidate

If a candidate dies on or before the deadline for filing an application

for a place on the ballot:

1. The authority responsible for preparing the ballots may choose to omit the candidate from the ballot; and

2. If the authority omits the candidate’s name as described above, the filing deadline for an application for a place on the

ballot for the office sought by the candidate is extended until the fifth day after the filing deadline.

Election Code 145.098(b)

Election of Unopposed Candidate

The board may declare each unopposed candidate elected if each candidate for an office that is to appear on the ballot is unopposed.

For purposes of determining whether all offices on a ballot are unopposed, a special election of a political subdivision, including a

college district, is considered to be a separate election with a separate ballot from:

1. A general election for officers of the political subdivision held at the same time as the special election; or

2. Another special election of the political subdivision held at the same time as the special election.

Election Code 2.051(a)

Single-Member Districts

In the case of an election in which any members of the political subdivision's governing body are elected from territorial units such as single-member districts, the unopposed candidate procedures apply to the election in a particular territorial unit if each candidate for an office that is to appear on the ballot in that territorial unit is unopposed and no opposed at-large race is to appear on the ballot.

Election Code 2.051(b)

Procedure for Canceling Election

The authority responsible for having the official ballot prepared shall certify in writing that a candidate is unopposed for election to an office if, were the election held, only the votes cast for that candidate in the election for that office may be counted.

The certification shall be delivered to the governing body of the political subdivision as soon as possible after the filing deadlines for placement on the ballot and list of write-in candidates.

Election Code 2.052(a)–(b)

Exception

A certification may be made following the filing of a withdrawal request by a candidate after the deadline prescribed by Election

Code 145.092, above, if:

1. The withdrawal request is valid except for the untimely filing;

2. Ballots for the election have not been prepared; and

3. The conditions for certification under Election Code 2.052(a) are otherwise met.

The certification shall be delivered to the governing body of the political subdivision as soon as possible.

Election Code 2.052(c)–(d)

Declaration of Election

On receipt of the certification, the governing body of the political subdivision by order or ordinance shall declare each unopposed candidate elected to the office. If the board makes such a declaration, the election is not held.

If no election is to be held on election day by the political subdivision, a copy of the order shall be posted on election day at each

polling place used or that would have been used in the election.

The ballots used at the separate election held at the same time as an election that would have been held if the candidates were not declared elected under this section shall include the offices and names of the candidates declared elected under this section listed separately after the measures or contested races in the separate election, under the heading “Unopposed Candidates Declared Elected.” The candidates shall be grouped in the same relative order prescribed for the ballot generally. No votes are cast in connection with the unopposed candidates.

Election Code 2.053(a)–(c)

Ballot

The ballot shall be printed in the form required by law. Election Code 52.061–.064, .069, .093–.094

Ballot Position

The name of each candidate shall be placed on the official ballot according to the number of the position for which he or she is running. The location on the ballot of the names of the candidates for each position shall be chosen by lot by the board. The candidate shall be eligible to run for only one position in each election.

Education Code 130.082(g)

Propositions

Except as otherwise provided by law, the authority ordering the election shall prescribe the wording of a proposition that is to appear on the ballot. A proposition shall be printed on the ballot in the form of a single statement and may appear on the ballot only once. A proposition must substantially submit the question with such definiteness, certainty, and facial neutrality that

the voters are not misled.

If an election of officers is contingent on the adoption of a proposition appearing on the same ballot, the proposition shall appear on the ballot before the listing of offices. Otherwise, in an election in which an office and a measure are to be voted on, each proposition stating a measure shall appear on the ballot after the listing of offices.

Except as otherwise provided by law, the authority ordering an election in which more than one measure is to be voted on shall

determine the order in which the propositions are to appear on the ballot.

Each political subdivision's proposition on the ballot shall be assigned a unique number or letter on the ballot as follows:

1. Except as provided by item 2, for each proposition on the ballot, the authority ordering the election shall assign a letter of

the alphabet to the measure that corresponds to its order on the ballot; and

2. For each proposition on the ballot to be voted on statewide, the authority ordering the election shall assign a number to

the measure that corresponds to its order on the ballot.

Each proposition on the ballot must identify the name of the authority ordering the election on the measure.

Election Code 52.072(a–d), .095(a–c)

Election Judges and Clerks

The board shall appoint election judges and set the maximum number of election clerks. The judges and clerks shall be selected and serve in accordance with Election Code Chapter 32. Election Code Ch. 32

The nepotism prohibitions [see DBE] do not apply to appointment of an election clerk under Election Code 32.031 who is not related in the first degree by consanguinity or affinity to an elected official of the authority that appoints the election judges for that election.

Gov’t Code 573.061(8)

Polling Places

The governing body of each political subdivision authorized to hold elections, other than a county, shall designate the location of the polling place for each of its election precincts. Each polling place shall be accessible to and usable by the elderly and persons with physical disabilities.

Election Code 43.004, .034

Use of County Election Precincts

The county election precincts are the election precincts for the following elections:

1. The general election for state and county officers;

2. A special election ordered by the governor;

3. A primary election;

4. A countywide election ordered by the commissioners court, county judge, or other county authority, except an election

subject to Election Code 42.062(2); and

5. As provided by Election Code 42.0621, any other election held by a political subdivision, including college districts, on a

uniform election date.

Election Code 42.002(a)

In an election held on the November uniform election date, the political subdivisions to which Election Code 42.002(a)(5) applies

shall use the regular county election precincts. If a political subdivision holds an election on a uniform election date and is required to use the regular county election precincts, the political subdivision shall designate as the polling places for the election the regular county polling places in the county election precincts that contain territory from the political subdivision.

Election Code 42.0621(a), 43.004(b)

Polling Place for Early Voting

The following provision applies to an election held by a political subdivision, other than a county, on the November uniform election date in which the political subdivision:

1. Is not holding a joint election with a county in accordance with Election Code Chapter 271; and

2. Has not executed a contract with a county elections officer under which the political subdivision and the county share

early voting polling places for the election.

The political subdivision shall designate as an early voting polling place for the election an eligible county polling place located in the political subdivision and may not designate as an early voting polling place a location other than an eligible county polling place unless each eligible county polling place located in the political subdivision is designated as an early voting polling place by the political subdivision.

A shared polling place established under this section that is designated as a main early voting polling place by any political subdivision must be open for voting for all political subdivisions the polling place serves for at least the days and hours required of a main early voting polling place under Election Code 85.002 for the political subdivision making the designation.

“Eligible county polling place” means an early voting polling place established by a county.

Election Code 85.010

Temporary Branch

Early voting by personal appearance at each temporary branch polling place shall be conducted on the days that voting is required to be conducted at the main early voting polling place under Election Code 85.005 and remain open for at least:

1. Eight hours each day; or

2. Three hours each day if the city or county clerk does not serve as the early voting clerk for the territory holding the

election and the territory has fewer than 1,000 registered voters.

Election Code 85.064(b)

Posting Signs Prohibited

An election officer commits an offense if the officer knowingly posts at a polling place, including the area within 100 feet of an outside door through which a voter may enter the building in which the polling place is located, a sign, card, poster, or other similar material that is not authorized or required by law; or is in a form or contains information that is not authorized or required by law.

A person other than an election officer commits an offense if the person posts a sign, card, poster, or similar material at a polling

place, including the 100-foot area described above.

Election Code 62.013(a-b)

Electioneering

A person commits an offense if, during the voting period and within 100 feet of an outside door through which a voter may enter the building in which a polling place is located or within 20 feet of a parking space designated for curbside voting, the person loiters or electioneers for or against any candidate, measure, or political party.

“Electioneering” includes the posting, use, or distribution of political signs or literature. The term does not include the distribution of a notice of a party convention authorized under Election Code 172.1114.

“Voting period” means the period beginning when the polls open for voting and ending when the polls close or the last voter has

voted, whichever is later.

“Early voting period” is described at Election Code 85.001. The entity that owns or controls a public building being used as a

polling place or early voting polling place may not, at any time during the voting period or early voting periods, as applicable, prohibit electioneering on the building’s premises outside of the area described above, but may enact reasonable regulations concerning the time, place, and manner of electioneering.

Election Code 61.003, 85.036

Use of Certain Devices Prohibited

Except as permitted by law to accommodate voters with disabilities, a person may not use a wireless communication device a room in which voting is taking place. A person may not use any mechanical or electronic means of recording images or sound within 100 feet of a voting station.

Election Code 61.014(a–b)

Exception

The prohibitions do not apply to:

1. An election officer in conducting the officer’s official duties;

2. The use of election equipment necessary for the conduct of

the election; or

3. A person who is employed at the location in which a polling place is located while the person is acting in the course of the

person’s employment.

Election Code 61.014(d)

Bilingual Materials

Spanish

Bilingual election materials shall be used in each election precinct situated wholly or partly in a county in which five percent or more of the inhabitants are persons of Spanish origin or descent according to the most recent federal decennial census that may be officially recognized or acted upon by the state or political subdivisions.

An election precinct may be exempted from the bilingual requirement if official census information or other information indicates that persons of Spanish origin or descent comprise less than five percent of the precinct’s inhabitants. To exempt an election precinct from the bilingual requirement, the presiding officer of the governing body of the political subdivision responsible for the expenses of an election, with the approval of the governing body, must file with the authority responsible for procuring the election supplies for the political subdivision's elections the documentation described at Election Code 272.003. An exemption is effective on the 30th day after the date the certification and other required materials are filed. A precinct exempted under this section remains exempt until the precinct becomes subject to Election Code 272.002 as a result of a subsequent federal decennial census; or the effective date of a change in the precinct's boundary.

Election Code 272.002, .003(a–c), (e)

Other Languages

If the director of the census determines under 42 U.S.C. 1973aa-1a that a political subdivision must provide election materials in a language other than English or Spanish, the political subdivision shall provide election materials in that language in the same

manner in which the political subdivision would be required to provide materials in Spanish, to the extent applicable.

Election Code 272.011(a); 52 U.S.C. 10503

Voting Systems

A voting system shall be selected and utilized in accordance with Election Code Title 8. Election Code Title 8

Voting System Standards

For a voting system or voting system equipment to be approved for use in elections, the voting system in which the equipment is designed to be used must comply with the standards prescribed by Election Code Chapter 122, Subchapter A, and be manufactured, stored, and held in the United States and sold by a company whose headquarters are located in the United States and parent company’s headquarters, if applicable, are located in the United States.

A voting system or voting system equipment is considered to be manufactured in the United States if final assembly of the voting

system or voting system equipment occurs in the United States and all firmware and software are installed and tested in the United States.

Election Code 122.032

Voting Machines and Punch-Card Ballots

A voting system may not be used in an election if the system uses mechanical voting machines or a punch-card ballot or similar form of tabulating card.

Election Code 122.001(d)

Voters with Disabilities

Accessible Voting Stations

Each polling place must provide at least one voting station that complies with Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. 794) and its subsequent amendments, Title II of the federal Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and its subsequent amendments and the requirements for accessibility under 42 U.S.C. 15481(a)(3) and its subsequent amendments, and provides a practical and effective means for voters with physical disabilities to cast a secret ballot.

Election Code 61.012(a)

Electronic Voting System Exceptions

Upon providing the notice detailed in Election Code 61.013(d), for an election other than an election of a political subdivision that is held jointly with another election in which a federal office appears on the ballot, a political subdivision, including a college district, is not required to meet the requirements for accessibility under Election Code 61.012(a)(1)(C) if the political subdivision is located in a

county:

1. With a population of less than 2,000;

2. With a population of 2,000 or more but less than 5,000, and the political subdivision provides at least one voting station

that meets the requirements for accessibility under 42 U.S.C. 15481(a)(3) on election day;

3. With a population of 5,000 or more but less than 10,000, and the political subdivision provides at least one voting station

that meets the requirements for accessibility under 42 U.S.C. 15481(a)(3) on election day and during the period for early

voting by personal appearance;

4. With a population of 10,000 or more but less than 20,000, and the political subdivision:

a. Makes a showing in the manner provided by Election Code 61.103(c) that compliance with Section

61.012(a)(1)(C) constitutes an undue burden on the political subdivision;

b. Provides at least one voting station that meets the requirements for accessibility under 42 U.S.C. 15481(a)(3) on election day and during the period for early voting by personal appearance; and

c. Provides a mobile voting station that meets the requirements for accessibility under 42 U.S.C. 15481(a)(3) that during the period for early voting by personal appearance is deployed at least once at each polling place used for early voting by personal appearance.

Election Code 61.013(a)

Multiple Counties

For purposes of Election Code 61.013, a political subdivision located in more than one county may choose:

1. To be considered located in the county that contains the greatest number of registered voters of the political subdivision; or

2. For each portion of the political subdivision located in a different county, to be considered a separate political subdivision.

Election Code 61.013(e)

Multiple Voting Systems Permitted

A political subdivision may use more than one type of voting system in a single polling place in order to provide a person with physical disabilities with a method of casting a secret ballot. [See GA] 1 TAC 81.55

Voting System Malfunction

If no private vendor supports the political subdivision’s voting system, the political subdivision must give notice to the secretary of state within 24 hours of a malfunction of the political subdivision’s voting system software or equipment in an election. The notice may be verbal or in writing. 1 TAC 81.64(a)

Early Voting

A board shall provide for early voting in board elections by personal appearance at an early voting polling place and by mail in

accordance with Election Code Title 7. Election Code 81.001

Conducting Elections

Elections shall be conducted in accordance with Election Code Title 6. Election Code Title 6