How Changes in County Population Numbers Could Affect Your Elections 2 Texas Secretary of State Elections Division 8102021 Census What is the census The census aims to count the entire population of the country and at the location where each person lives ID: 920742
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Slide1
Texas Secretary of State – Elections Division
How Changes in County Population Numbers Could Affect Your Elections
Slide22Texas Secretary of State Elections Division
8/10/2021
Census
Slide3What is the census?The census aims to count the entire population of the country, and at the location where each person lives.
8/10/2021
Texas Secretary of State Elections Division
3
Slide44Texas Secretary of State Elections Division
8/10/2021
As mandated by the U.S. Constitution, the census is conducted every 10 years
“
The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within
every subsequent Term of ten Years
, in such Manner as they shall by Law direct.”
[Article 1, Section 2 of the U.S. Constitution]
When is the census conducted?
Slide55Texas Secretary of State Elections Division
8/10/2021
Federal Funding
Apportionment of Congressional Representatives
Redistricting
AND..
Several Texas Election Code provisions have requirements based on county/entity population numbers
What does the census affect?
Slide66Texas Secretary of State Elections Division
8/10/2021
2020 Census
Slide77Texas Secretary of State Elections Division
8/10/2021
The U.S. Census Bureau delivers state population data to the president by December 31 of the census year, at which time the number of congressional seats for each state is computed. The detailed population data necessary for redistricting is then delivered to the states by the following April 1.
Usually…
Slide88Texas Secretary of State Elections Division
8/10/2021
While the Census Bureau has released information related to reapportionment, additional census data was delayed
NEW LAW
: HB 2025 (2021) – the population figures from the 2010 federal census will continue to apply with respect to a statute that applies to a political subdivision having a certain population according to the most recent federal census until September 1, 2023.
A statute does not apply to a political subdivision to which the statute did not apply under the 2010 federal census, regardless of whether the political subdivision has the population prescribed by the statute according to the 2020 federal census.
[Gov’t Code Sec. 2058.001]
However, in 2021…
Slide99Texas Secretary of State Elections Division
8/10/2021
For the time being, governmental entities will continue to operate under 2010 census numbers
Once 2020 census numbers are published…
What does this mean for Texas elections?
Slide1010Texas Secretary of State Elections Division
8/10/2021
Election Code Provisions Affected by the Census
Slide1111Texas Secretary of State Elections Division
8/10/2021
Candidate Applications and Filing Fees
Slide1212Texas Secretary of State Elections Division
8/10/2021
Certain judicial offices may be required to submit a petition in addition to the filing fee
Justice of the peace in a county with a population of
more than 1.5 million
Chief justice or justice of a court of appeals that serves a court of appeals district in which a county with a population of
one million
is wholly or partly situated
District or criminal district judge of a court in a judicial district wholly contained in a county with a population of
more than 1.5 million
Judge of a statutory county court in a county with a population of
more than 1.5 million
A 250-signature judicial petition is required in addition to the filing fee, or 750 signatures must be collected on the petition in lieu of filing fee
[Sec. 172.021(e) and 172.024]
Petitions
Slide1313Texas Secretary of State Elections Division
8/10/2021
Public Office
Filing Fee
Higher filing fee if…
Chief Justice and Justice, Court of Appeals
$2,500
Chief justice or justice of a court of appeals that
serves a court of appeals district in which a county with a
population of
more than one million
is wholly or partly situated
$1,875
District Judge
$2,500
district or criminal district judge of a court in a
judicial district wholly contained in a county with a population of
more than 1.5 million
$1,500
Criminal District Judge
$2,500
district or criminal district judge of a court in a
judicial district wholly contained in a county with a population of
more than 1.5 million
$1,500
Certain offices have a higher filing fee depending on county population
Filing Fees
Slide1414Texas Secretary of State Elections Division
8/10/2021
Public Office
Filing Fee
Higher filing fee if…
Family District Judge
$2,500
district or criminal district judge of a court in a
judicial district wholly contained in a county with a population of
more than 1.5 million
$1,500
County Judge
$1,250
County with a population of
200,000 or more
$750
Judge, County Court-at-Law
$2,500
Judge of a statutory county court in a county with a population of
more than 1.5 million
$1,500
Judge, County Criminal Court
$2,500
Judge of a statutory county court in a county with a population of
more than 1.5 million
$1,500
Judge, County Probate Court
$2,500
Judge of a statutory county court in a county with a population of
more than 1.5 million
$1,500
Sheriff
$1,250
County with a population of
200,000 or more
$750
Tax Assessor-Collector
$1,250
County with a population of
200,000
or more
$750
Fees
Slide1515Texas Secretary of State Elections Division
8/10/2021
Public Office
Filing Fee
Higher filing fee if…
District Clerk
$1,250
County with a population of
200,000 or more
$750
County Clerk
$1,250
County with a population of
200,000 or more
$750
District/County Clerk
$1,250
County with a population of
200,000 or more
$750
County Treasurer
$1,250
County with a population of
200,000 or more
$750
County Commissioner
$1,250
County with a population of
200,000 or more
$750
Constable
$1,000
County with a population of
200,000 or more
$375
Justice of the Peace
$1,000
County with a population of
200,000 or more
$375
Fees Continued
Slide1616Texas Secretary of State Elections Division
8/10/2021
Precincts and Polling Places
Slide1717Texas Secretary of State Elections Division8/10/2021
County Election Precinct Created by order of commissioners court and is the basic unit of voter registration.
Election (Day) Precincts
The area served on election day by a single polling place. It could be a single county election precinct, combined county election precinct, or consolidated county election precinct (counties); or the precincts created by a local authority (May elections).
What is an Election Precinct?
Slide18188/10/2021Texas Secretary of State
County Election Precincts MUST be used for the following elections:
General election for state and county officers;
Special election ordered by the Governor;
Primary election;
Countywide election ordered by county;
Election held by political subdivision on uniform date in November
Sec. 42.002, Texas Election Code
Use of County Election Precincts
Slide1919Texas Secretary of State Elections Division8/10/2021
Political subdivisions holding an election on the November uniform election date
must
use county election precincts and the county polling places on Election Day
.
This is the case even when the county has adopted the countywide polling place program. In that case, the entity
must
have a presence in every countywide location in the county, not just the locations physically within the territory of the political subdivision.
Secs. 42.002; 43.004; 43.007(e), TEC
Use of County Election Precincts
Slide20Texas Secretary of State Elections Division208/10/2021
Territory Contained in a County Election Precinct
Each county election precinct (including a consolidated precinct) may
NOT
contain territory from more than one of each of the following territorial units:
Commissioners precinct;
Justice precinct;Congressional district;
State representative district;
State senatorial district; or
State Board of Education District.
[Sec. 42.005]
County Election Precincts
Slide2121Texas Secretary of State Elections Division8/10/2021
Population Requirements for County Election Precincts (42.006)
A county election precinct must contain
at least 100
but
not more than 5,000
registered voters.
EXCEPTIONS:
County with population
under 100,000
: minimum number of voters contained in county election precinct is 50.
County with a population
under 50,000
: may contain fewer than 50 registered voters if the commissioners court received a written petition signed by at least 25 registered voters of the county requesting continuation of the precinct.
Voters on the “S” list are excluded in determining totals.
NOTE:
When in conflict, Section 42.005 (officer/territory lines) prevails over Section 42.006 (population requirements)
.
County Election Precincts
Slide2222Texas Secretary of State Elections Division8/10/2021
Combining incorporated and unincorporated territory (42.007)
A county election precinct may not contain territory inside a city with a population of
10,000 or more
and territory from outside that city.
EXCEPTIONS
: If the commissioners court determines that either of the two areas:
cannot constitute a separate election precinct of suitable size that contains the permissible number of voters; or
cannot be combined with other territory on the same side of the city boundary to form a precinct of suitable size with the permissible number of registered voters without causing another precinct to fail to meet those requirements.
County Election Precincts
Slide2323Texas Secretary of State8/10/2021
Commissioners courts are required to review county election precinct boundaries in
March or April of odd-numbered years
to determine compliance with 42.005, 42.006, and 42.007. (42.031)
42.005
(officer line rule)
42.006 (population rule)
42.007
(combining Incorporated/Unincorporated territory
)
Reviewing County Election Precincts
Slide2424Texas Secretary of State Elections Division8/10/2021
When reviewing county election precincts remember that:
Each county election precinct (including a consolidated precinct) may
NOT
contain territory from more than one territorial unit provided under
Section 42.005
A county election precinct must contain
at least 100 but not more than 5,000
registered voters under
Section 42.006
(but exceptions apply)
A county election precinct may not contain territory inside a city with a population of
10,000 or more
and territory from outside that city under
Section 42.007
(but exceptions apply)
Reviewing County Election Precincts
Slide25Texas Secretary of State Elections Division8/10/2021General Election or Special Election using County Election Precincts
Regular County Election Precincts: County Clerk/EA recommends location of polling place; commissioner court shall adopt designation. Consolidated Election Precincts
: Commissioners court designates the location of the polling place.
County population of
more than 175,000
: the commissioners court may not designate a location as a polling place that would require a voter to travel
more than 25 miles
from the voter’s residence to their precinct polling place.
[Sec. 43.002]
Location of Polling Places
25
Slide2626Texas Secretary of State Elections Division8/10/2021
In selecting countywide polling places, a county must adopt a methodology for determining where each polling place will be located.
The total number of countywide polling places may not be less than:
(1)
50 percent of the number of precinct polling places that would otherwise be located in the county for that election;
or
(2) for an election held in the first year in which the county participates in the program, 65
percent
of the number of precinct polling places that would otherwise be located in the county for that election
Sec. 43.007, TEC
Countywide Polling Places
Slide2727Texas Secretary of State Elections Division8/10/2021
Look at several different factors:
Total number of County Election Precincts
: This is your starting place for all elections!!
How many precincts have
less than 500 or 750
(whichever is applicable) registered voters? These precincts are eligible to be
COMBINED
with other precincts under 42.0051.
Can you
CONSOLIDATE
precincts for the election? Possibly but see 42.008 and 42.009.
This number will provide your minimum number of precinct polling places upon which you can begin your calculations.
How Do You Determine How Many Polling Places You Are Required to Have
?
Slide2828Texas Secretary of State8/10/2021
Combine (42.0051)
Consolidate (42.008/42.009)
Description
If
as a result of redistricting, a county election precinct is left with fewer than 500 voters, the county may
combine
it with another county election precinct.
*If county over 250,000 or more, may combine if 500-750 voters.
If
it is a special election ordered by the governor or a primary election, a county election precinct may be
consolidated
with another county election precinct.
Purpose
Avoid
additional expenditures in precinct with fewer voters.
Avoid additional expenditures
in certain elections.
Limitation
May not combine
in such a manner that violates Voting Rights Act.
May not consolidate in such a manner that does not
provide polling places that adequately serve voters.
Duration
Single election.
*In
March/April of odd year, commissioners court should review boundary lines.
Single election.
Elections
General
Election, Special Election, Primary Election
Special Election, Primary Election
Different
Ballot Styles?
Yes.
No. NOTE:
In
special election, must have at least one consolidated precinct wholly located in each commissioner precinct.
Records
Records must be maintained
and reported by county election precinct.
Records must be maintained
and reported by
consolidated
precinct.
Combine/Consolidate
Slide2929Texas Secretary of State Elections Division
8/10/2021
Administration of Election
Slide3030Texas Secretary of State Elections Division
8/10/2021
As a general rule, a county or a political subdivision must provide
at least one
accessible voting machine in each early voting and election day polling place
[Sec. 61.012(a)(1)(c)]
Voting System Accessibility
Slide3131Texas Secretary of State Elections DivisionDecember 2014
Exemption:If an election without a federal office on the ballot; and
Located in county population of
less than 20,000
↓
May qualify for an exemption
For
more information please see our
2021-02 Advisory
Accessible Voting System Exemption
Slide3232Texas Secretary of State Elections Division8/10/2021
Exempt from the accessible voting system requirement.
Reasonable accommodation:
A voter may request by the 21st day before election day.
Population
less than 2,000
Slide3333Texas Secretary of State Elections Division8/10/2021
Must provide at least one accessible electronic voting system on
election day
.
Location of accessible voting system:
Recommend
– at the early voting clerk’s office (if more than one EV location).
Population
more than 2,000 and less than 5,000
Slide3434Texas Secretary of State Elections Division8/10/2021
Must provide one
accessible electronic voting system on
election day
AND
early voting period.
Location of accessible voting system:Early voting period – at the main early voting polling place(if more than one EV location).
Election day
– at the early voting clerk’s office.
Population
more than 5,000 and less than 10,000
Slide3535Texas Secretary of State Elections Division8/10/2021
May provide fewer accessible voting systems IF comply with the following:
Submit an
application of undue burden status
Submit application to SOS, no later than 90th day before election day
Population of
more than 10,000 and less than 20,000
Slide3636Texas Secretary of State Elections Division8/10/2021
if
5% or more
of inhabitants of a precinct speak Spanish or other certain certified languages, other than English, you must make a reasonable effort to appoint a sufficient number of bilingual clerks.
NOTE: If you cannot find enough bilingual clerks, you must provide one bilingual worker at a central location to provide translation and assistance.
Bilingual Election Clerks
Slide3737Texas Secretary of State Elections Division8/10/2021
Pursuant to state and federal law, all election materials must also be provided in Spanish, and any other required minority languages.
The bilingual requirement apples to:
Instruction posters, ballots, official affidavits and other forms requiring a voter’s signature, early voting materials, and all other election information provided to voters in English
[Sec. 272.005]
Bilingual Election Materials
Slide3838Texas Secretary of State Elections Division8/10/2021
In counties with a population of
over 500,000
, before July of each year
, the county chairs of the political parties whose candidate for governor received the highest and second highest number of votes in the county in the 2018 gubernatorial election must submit a list to commissioners court naming persons in order of preference who are eligible for:
Presiding and alternate judge in each county precinct
Central counting station presiding and alternate judge
Early voting ballot board judge
In counties with a population of
more than 500,000
, the terms of the judges start on August 1, 2021
Appointment of Election Workers
Slide3939Texas Secretary of State Elections Division8/10/2021
In counties with a population of
500,000 or less
, before August of each year
, the county chairs of the political parties whose candidate for governor received the highest and second highest number of votes in the county in the 2018 gubernatorial election must submit a list to commissioners court naming persons in order of preference who are eligible for:
Presiding and alternate judge in each county precinct
Central counting station presiding and alternate judge
Early voting ballot board judge
In counties with a population of
500,000 or less
, the terms of the judges start on September 1, 2021
Appointment of Election Workers
Slide4040Texas Secretary of State Elections Division8/10/2021
In a county with a population of
less than 60,000
, assistants to tabulation supervisor must be registered voter of the political subdivision served by the authority establishing the central count, or an employee of the political subdivision that adopts or owns the voting system
[Sec. 127.004]
Assistant to Tabulation Supervisor
Slide4141Texas Secretary of State Elections Division8/10/2021
Early Voting
Slide4242Texas Secretary of State Elections Division8/10/2021
County with a population of
100,000 or more
:
For the primary election and general election: The main early voting location must be open for
12 hours each weekday of the last week of early voting
For special election ordered by the Governor (November 2021 Constitutional Amendment Election): The main early voting location must be
open 12 hours for the last 2 days of early voting
[Sec. 85.005(c)]
Early Voting – Extended Hours
Slide4343Texas Secretary of State Elections Division8/10/2021
Hours of Early Voting for Primary, General Election for State and County Officers, and Special Election Ordered by the Governor
County with a population
under 100,000
:
Extended weekday hours not required unless a petition is received:
Petition is signed by at least 15 registered voters of the county
If petition is received and valid, will have 100,000+ county extended hours
Written request must be submitted in time to enable compliance with Section 85.067. There is a 5-day notice posting requirement if the early voting clerk receives a petition requesting these extended hours
[Sec. 85.005(c)]
Early Voting – Extended Hours
Slide4444Texas Secretary of State Elections Division8/10/2021
Counties of 100,000+
must
have weekend early voting for general election for state and county officers and primary election. Must conduct early voting:
12 hours the last Saturday of early voting
5 hours the last Sunday of early voting
[Sec. 85.006]
Required
Weekend Early Voting: General Election for State and County Officers and Primary Election
Slide45Texas Secretary of State Elections Division8/10/2021
Counties of less than 100,000 can be petitioned to have weekend early voting for general election for state and county officers and primary election
If petition (15 registered voters) is received and valid:
Must conduct early voting:
12 hours the last Saturday of early voting
5 hours the last Sunday of early voting
The petition
must
be submitted at least 72 hours prior to the date on which early voting is requested to enable compliance with Section 85.007
[Sec. 85.006]
Petitioned
Weekend Early Voting: General Election for State and County Officers and Primary Election
45
Slide4646Texas Secretary of State Elections Division8/10/2021
Branch Early Voting
Polling Places
Slide47Temporary Branch Locations - for Counties, and Entities in Counties, with a Population of 100,000 or More Entity may establish one or more temporary early voting polling places.
An entity may add additional branch locations during the early voting period, however, once the branch location is open it must remain open all the same weekdays as the main early voting location for at least 8 hours a day (3 hours if an exception applies)
It is NOT possible to remove branch locations at any time
8/10/2021
Texas Secretary of State Elections Division
47
Slide4848Texas Secretary of State Elections Division
8/10/2021
NEW LAW
: HB 3107 (2021) - Voting at a temporary branch polling place must be conducted on at least
two
consecutive business days and for at least
eight consecutive hours on each of those days
The schedules for conducting voting are not required to be uniform among the temporary branch polling places.
[Sec. 85.065]
Temporary Branch Locations - for Counties, and Entities in Counties, with a Population of
less than 100,000
Slide4949Texas Secretary of State Elections Division8/10/2021
Processing Results
Slide5050Texas Secretary of State Elections Division8/10/2021
For counties with a population of
100,000 or more
, the early voting ballot board may convene to begin processing and qualifying mail ballots by the 12
th
day before election day
For counties with a population of
less than 100,000
, the early voting ballot board may convene to begin processing and qualifying mail ballots after the polls close on the last day of early voting
Qualifying Mail Ballots
Slide5151Texas Secretary of State Elections Division8/10/2021
Counties with a population of
100,000 or more
, may begin counting early voting ballots at the end of the early voting in person period (after the polls close on the 4
th
day before election day)
Counties with a population of
less than 100,000
,
early voting ballots
may not be counted until the polls open on Election Day
Results may NOT be released until the polls close on Election Day
[Sec. 87.0241]
Counting Mail Ballots
Slide5252Texas Secretary of State Elections Division
8/10/2021
Once census numbers come out the county may have to change some things to comply with population requirements. Counties should be ready and able to explain those changes to candidates, voters, and poll watchers
Many decisions (like reviewing election precincts, locations of polling places, and appointment of election workers) are made in a public forum like commissioners court, which allows the public to be informed of the process
Several actions require public notice. Poll watchers are able to observe and provide transparency and promote public confidence in the process
Transparency and Population Requirements
Slide5353Texas Secretary of State Elections Division8/10/2021
Elections@sos.texas.gov
Any Questions?