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Home My WebLink AboutAgenda CC 02.16.2012 SpecialNotice of Meeting of the Governing Body of the City of Georgetown, Texas FEBRUARY 16, 2012 The Georgetown City Council will meet on FEBRUARY 16, 2012 at 4:00 P.M. at the Main Floor Conference Room at City Hall, 113 E. 8th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order- A MEETING OF THE CHARTER REVIEW COMMITTEE B Review and approval of the minutes from the 2/09/12 Charter Review Committee Meeting C Discussion of possible amendment to the City Charter, Section 3.01- General Election D Discuss Agenda Items for 2/23/12 Meeting Adjournment Certificate of Posting I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2012, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Brettle, City Secretary City of Georgetown, Texas February 16, 2012 SUBJECT: Call to Order- A MEETING OF THE CHARTER REVIEW COMMITTEE ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Brettle, City Secretary Cover Memo Item # A City of Georgetown, Texas February 16, 2012 SUBJECT: Review and approval of the minutes from the 2/09/12 Charter Review Committee Meeting ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # B City of Georgetown, Texas February 16, 2012 SUBJECT: Discussion of possible amendment to the City Charter, Section 3.01- General Election ITEM SUMMARY: Excerpts from City Council Minutes: JULY 12, 2011 D Discussion and possible direction to staff regarding Senate Bill 100 -- Jessica Brettle, City Secretary and Bridget Chapman, Acting City Attorney Brettle introduced herself and described Senate Bill 100 for the Council. She said the bill will greatly impact our elections. She said SB 100 was create to comply the Federal Military and Overseas (MOVE) Act. She noted the main mandate in the bill is to require that ballots be sent to military and overseas voters at least 45 days in advance of an election. She clarified, for purposes of this discussion, an "election" is only an election in primary years. She showed Council an example of what the 2012 election will look like once these changes are implemented. She said the main issue is the primary runoff election has been pushed later on the calendar from the second Tuesday in April to the fourth week in May. She noted the voting for that runoff now begins two days after the uniform election date on which we would normally have an election. She added this has created a problem for our County Elections Administrator in that they do not have the staff or resources to run both elections simultaneously on two different calendars. She said the Senate Bill states that, if this causes a problem with the Elections Administrator, that they no long have to contract with us. She noted they can also deny any request to lease or rent equipment from them if doing so jeopardizes the primary election. She said she spoke to Rick Barron, who is the County elections administrator and though they have not made an official determination, it seems as though they will not want to run the election. She noted this bill goes into effect on September 1, 2011 so this will apply to our May 2012 Election. She read what the charter says currently about the city council terms and elections. She put up the election dates of the current council members. She said quite a few of the Council members are up for re-election next year. Eason said it appears that, even though our Charter has these restrictions, we can make changes without having to amend the Charter. Chapman said the Bill is so new that there are more questions than answers and there are a lot of legal implications of the bill. She spoke about the Council's two main options which are to decide whether to maintain three year terms or move all the elections to November. She spoke about the pros and cons of each of these changes. She said those two options are the easiest legally to handle, but there are provisions on the bill that will allow the city to change the terms to four years so that the election is held on only odd numbered, non-primary years. She said another option could be to change the terms to two or four year, but have them be unstaggered and everyone will be elected in the same year. She said all of these changes would require a Charter Amendment in addition to the resolution, which brings up a timing issue. She discussed how council will have to figure out how the terms would fall if there is an election only in May of odd-numbered years. She referredcCouncil to the chart that was made in 1995 that demonstrated how terms were staggered back then. She said the council will have to do that same thing if they choose to change terms because that will require a Department of Justice submission. Gonzalez asked and Chapman agreed no matter what council decides to do, the city will need to put that on an election ballot to change the Charter. Chapman said you would pass a Resolution first and then ratify the charter. Chapman said there are also questions of holding over council members for a year or two to incorporate whatever changes are made. Gonzalez asked if it would be possible to have a one time push to a November election and then try to address with a Charter amendment the permanent solution to the issue. Gonzalez asked and Chapman said our options are to make a decision in the dark with this language. She said we could leave the terms as is, change the election to November, or move our terms to two year or four year being staggered or un- staggered. Berryman said it seems obvious that the best solution would be to move the terms to November. She noted the downside of that is there will be a lot of other things on the ballot at those elections. She said she thinks there will be better turnout that way. Chapman said staff is currently trying to gather as much information as possible on this issue. She said the main problem is the short fuse we have before the May 2012 election. She said this is very complicated and it will be a difficult decision and difficult fallout no matter what. Mayor noted this was simply an effort to acquaint council with an issue that currently Cover Memo Item # C does not have many answers. Jonrowe said she is against having a November election because city elections are supposed to be non-partisan. Meigs asked and Chapman said the decision deadline depends on what Council wants to do. She noted, if council wants to change terms, it would require extra procedures that would require more time. Hellmann asked and Chapman said moving to November is the easiest solution but not necessarily easiest constitutionally. Chapman said the best thing we can do is to gather as much information as possible and make the best decision we can using the information was can acquire. Staff reviewed the past action made by council regarding a future charter election. Eason said she will never support moving a local election to May because it will do nothing but harm the city. She noted the city issues will be totally ignored because of the other issues on the ballot. There was much discussion on this issue. OCTOBER 11, 2011 OO Presentation and update regarding City Elections -- Paul E. Brandenburg, City Manager and Jessica Brettle, City Secretary Brettle said she wanted to come to the City Council and present an update on City Elections and SB100. She spoke about how SB100 affects the election calendar and the problems the change poses for the Elections Administrators during primary election years. She noted the Elections Administrator has found equipment, acquired warehouse space and has determined that they will be able to continue to hold the City elections in May as usual. Berryman asked and Brettle said she has asked the Elections office about the difference in cost between May and November elections and has received that information recently. She noted she can send that information out to Council if they would like. Berryman said, in the interest of having more voter participation, she would like for us to not abandon the idea of having a November election. She said it would be a discussion to have because she feels a November election would bring more voter turnout. Brettle said, at the next agenda, she can bring back an item that would allow for the Council to speak about this issue. OCTOBER 25, 2011 MM Consideration and possible action regarding future City Election dates -- Pat Berryman, Councilmember District 5 Berryman said this item is a discussion to possibly move the City elections from May to November. She noted there are folks here that would like to speak to this issue. Speaker, Joel Goode, said it sounds like this will save vast amount of money it would consolidate the services of the folks who coordinate the voting. He said this would be good for the city and taxes. Speaker, Howard Dudding, said he would like to move the elections from May to November. He said this would ensure a greater voter turnout. He said May seems to be a poor month for families and Georgetown is a family town because of the many school activities that take place during the month of May. He said he does not think Georgetown needs the added expense to set up two elections. He said he believes it is in all our interests to move the voting in November. He said he has experience with getting three bonds elections passed in November and he noted he does not think it will matter which date the bond elections will be held. He said it is his recommendation to move the voting from May to November. Speaker, Sue Devilla, said the people trust the Council's judgement to take care of the citizens time and treasure. She said, by doing an election in November, the City would have more participation and more knowledgeable voters. Berryman said her problem with this issue is more philosophical because May is the busiest time of year for all of us. She said families travel more during that time as well. She noted it is difficult to see that May is a good month for an Election. She said only 5% of the voters voted in the last election. She said she would like to see us move our voting time to November because that is the time when national and state elections occur. She said people are more in a mind set about elections during that time of the year. She noted we would also have a higher voter turnout and she thinks there is something wrong with a small minority of the City determining what happens in the City. Mayor asked about the legal ramifications of moving the election and Cover Memo Item # C what those would be. Chapman said the City Council would need to pass a Resolution to move the election from May to November and then do a Charter Amendment Election to incorporate and ratify that change. She said a Charter amendment must be done anyway and added it is a matter of when you want to do that Charter election since the City is already discussing that issue. She said the City would need to tie this Charter amendment with all of the other amendments. Motion by Berryman, second by Hellmann to direct staff to bring a resolution back to Council that would move the election from May to November and that, in November 2012, we include this change in our Charter amendment election and that the change be made effective as soon as possible. Chapman said the City would have the May 2012 election for two Council seats, the November 2012 election for all of the Charter election include this one and then, if the amendment passes, the May 2013 Election would move to November 2013. Berryman said she is proposing we move the May 2012 election to November 2012. Brettle said we can not do that because our Charter specifically states May. Berryman said her understanding is the City can pass a resolution to move the dates from May to November. Chapman said she has researched that and TML is recommending that the Charter amendment ratifying that resolution be passed prior to the change. Chapman asked what would happen if the voters do not ratify the November election and then the Council has already had that election. Chapman said, because our election is laid out specifically in the Charter, we are limited in how we can make that change. Hellmann asked and Berryman clarified her motion. Berryman reiterated that the Resolution should cover the May election and move it to November. Chapman explained the complication with that method. Gonzalez said we can do this, but not for the May 2012 Election. Brettle agreed. She said it is riskier legally to do it that way. Hellmann asked and Brettle confirmed it could be challenged in court. Berryman agreed and said we should proceed in that manner. Hellmann asked and Chapman said you can do the Charter election in May, but the City would need to have all of the other Charter amendments ready by that time. Eason spoke about how it is important to note that the elections in May will cost half as much as the elections in November. She asked that there has been a lot of overblown numbers and information that is not correct. Eason said the cost report from the City Secretary should be shown to the public. She noted it is essential to the discussion that people see these numbers. Meigs said he supports the motion but added he would like to see a better breakdown of the estimated costs. Mayor said a poll of the local area shows that every City is staying with May as an election date. He said the City does not want to intermix the local elections with national elections. He said the people in this City who vote in May are informed voters. Berryman said there are political issues at work with this question. She said it is difficult to justify a 5% vote. She noted it can be argued that the silent majority does not have the change to express their opinion because of the time of the year these elections are held. She added if you are going to have a mandate, you must have a voting turnout more than 5%. She noted, in May, the voting date is a Saturday which is difficult for people to make. She said she believes the reason my most jurisdictions are staying in May is because it is easier to get bond issues passed at that time of the year. Gonzalez said he has been bombarded over the last year by many people in the community about democracy and letting people pick. He noted November elections will provide more polling places and more days for voting. He said November will provide the opportunity for greater participation. He noted we can not guarantee that the voters in May are more informed than the voters in November. He said the key is getting more participation. Jonrowe said she wonders how long the elections have been in May. She added there is a reason why the elections have always been in May and that is to keep the elections non-partisan. She noted, in this day and age, a lot of people get their news from online national outlets. She said she does not want that mentality to pollute the City Council. She noted there are Council elections that have moved to November and partisan politics have become part of the discussions. She said she believes that the City needs to keep the municipal elections separate. She said you can get high voter turnout if you put in the effort. Eason said keeping elections in May is not closing anybody out and added it allows more opportunity for people to vote. She noted her calendar seems to be more booked in November than May. She said she has seen that the down ballot races do not get any attention and, if we move to November, we will be all the way down on the bottom of the ballot. Berryman said everything will be electronic and there will not be a paper ballot. Eason said she thinks about some of the issues that have been overwhelmed by national politics on the November ballot. She noted she thinks about our street maintenance tax election and the effect of the November election on that issue. She asked that people think about a City Council race and the cost of getting a person's name out during a November election. She said she thinks the May elections keeps the control closer to home for people that really care about the City issues. She said it will cost much more in November than in May. Hellmann said people are underestimating the electorate, which is dangerous. He noted the voters in this City care about the City and take each issue based on its merit. He said he thinks getting more citizens involved in the decision making is a good thing. Meigs said he has confidence in the voters in Georgetown and he would not disagree with putting this issue on the ballot for voters to decide on. Sattler agreed that a November election will be better. Berryman said no matter what month the election Cover Memo Item # C is in, candidates still need to walk the pavement and put in the work. Jonrowe spoke about what it would be like if someone's political sign next to Obama's sign or other national issues. She said the people who voted on the City's Charter knew what they were doing when they voted the elections in May. Gonzalez said there is politics involved every time they sit up here and any person who is politically neutral is unrealistic. He said there will always be politics involved whether the elections are in May or November. He noted just because something has been done for a long time does not mean it is better. He said the more people that participate in the election, the better. Vote on the motion: Approved 5-2 (Eason, Jonrowe opposed) NOVEMBER 8, 2011 AA Consideration and possible action to approve a Resolution changing the City's general election date to November beginning in 2013 pursuant to Senate Bill 100, Eighty-Second Regular Legislature -- Bridget Chapman, Acting City Attorney and Jessica Brettle, City Secretary Mayor described the item. Chapman said this is the Resolution that Council had asked us to bring forward. She said this is a resolution to change the City election date from May to November. She said it is recommended we ratify this Resolution with a charter election in November of 2012 which would effect the election in 2013. She said everyone's existing Council member terms would be extended for six months from May until November. Berryman asked and Chapman confirmed this will not effect the May 2012 election. Motion by Berryman, second by Hellmann to approve the Resolution to change the election from May to November in order to increase voter participation. Speaker, Kim Moran, said when the City moves the election to November, the only voter participation you will increase are those who are partisan voters. She spoke about the statistics of the down ballot. She said what council will do by doing this is citizens will not get the information on individual candidates as they should. She said the City's information will be thrown away. She said it is a big disservice for the residents of Georgetown. She said she has spent many years being involved in elections and added she speaks with knowledge when she talks about this. She urged Council not to support this change. Speaker, Ethan Lane Miller, said he is a student and resident at Southwestern. He said one of the fantastic things Southwestern has given him is a participant in the Election process. He said we live in an environment that is partisan. He said, when it comes down to it, he is concerned with partisan politics. He said it seems like it will be difficult for local elections to have their voices be heard. He said he feels strongly about how partisan things are right now and he wants to hang on to what we have. He said he wants to do what is best for Meigs asked about the cost of the elections. Brettle described the cost differences between having an election in May and November. She handed the City Council a sheet demonstrating cost and voter turnout for all elections since May 2007. Meigs asked and Brettle confirmed the cost of the elections double when moved from spring to fall. He said the school district decided not to move the elections to November because of the cost issue. He said he is going to change this support and vote against this. He said the school district felt if they were placed on a larger ballot, they would get lost. He said he tends to disagree that this change would improve our situation. He noted he is going to change his support and vote against this. Berryman said the costs of November elections are higher because you are paying for more polling places and more days for voting. She said we never had an bond issues fail during the November elections. She said you are paying more because you are getting so many more people participating. She said the lower percentages in May means that people are receiving a special interest vote. Gonzalez said the voters in Georgetown are astute and know what they are voting for. He said when you see the voter turnout in the November elections, he does not know why you would not want to move the elections to that date. He said he is fully in support of moving the elections to November. Jonrowe said the argument of more informed voters works both ways. She said she laid in bed at night and thought, if she were a real politician, she would support this change. She said the fact is she makes her decisions based on the pros and cons of the situation. She said, if we move to November, we will be increasing the voter turnout but some of those people will be voting for the wrong reasons and will get lost on down ballot issues. She said keeping our elections in May will prevent the elections from being too politicized. She spoke about the negative effects of trying to compete with national elections. She said she will not be voting for this Resolution. Eason said she will be voting against this Cover Memo Item # C resolution. She noted, even though there is higher voter turnout in November, there is no evidence that those extra numbers or polling locations actually voted in City elections or for City issue. She said we are going to be paying more money for extra folks who may not even vote on city issues. She noted the City would not be keeping anyone from voting by keeping the elections in May. Hellmann said he likes Jonrowe's points quite a bit but he said that it is good for students and minorities to have more of an opportunity to vote. He noted anything that gives us an opportunity to get more people involved will be better for the City. Sattler said he wants to give everyone a chance to vote in November. Jonrowe said she wanted to note in no way shape or form is she trying to restrict voters in May. Vote on the motion: Approved 4-3 (Jonrowe, Eason, Meigs opposed) Please see attached for Resolution No. 110811-AA, which was approved by the City Council on November 8, 2011. FINANCIAL IMPACT: SUBMITTED BY: ATTACHMENTS: Resolution No. 110811_AA SB100 Election Advisory 2011-09 re: Senate Bill 100 Election Data- May vs. November Elections Cost Analysis- May vs. November Elections Cover Memo Item # C At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 2 It e m # C At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 2 It e m # C S.B.ANo.A100 AN ACT relating to the adoption of certain voting procedures and to certain elections, including procedures necessary to implement the federal Military and Overseas Voter Empowerment Act, deadlines for declaration of candidacy and dates for certain elections, and to terms of certain elected officials. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA1.AAChapter 101, Election Code, is amended to read as follows: CHAPTERA101.AAVOTING BY RESIDENT FEDERAL POSTCARD APPLICANT SUBCHAPTERAA.AAGENERAL PROVISIONS Sec.A101.001.AAELIGIBILITY. A person is eligible for early voting by mail as provided by this chapter if: (1)AAthe person is qualified to vote in this state or, if not registered to vote in this state, would be qualified if registered; and (2)AAthe person is: (A)AAa member of the armed forces of the United States, or the spouse or a dependent of a member; (B)AAa member of the merchant marine of the United States, or the spouse or a dependent of a member; or (C)AAdomiciled in this state but temporarily living outside the territorial limits of the United States and the District of Columbia. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 Attachment number 2 \nPage 1 of 34 Item # C Sec.A101.002.AAGENERAL CONDUCT OF VOTING. Voting under this chapter shall be conducted and the results shall be processed as provided by Subtitle A for early voting by mail, except as otherwise provided by this chapter. Sec.A101.003.AADEFINITIONS. [FORM AND CONTENTS OF APPLICATION. (a)AAAn application for a ballot to be voted under this chapter must: [(1)AAbe submitted on an official federal postcard application form; and [(2)AAinclude the information necessary to indicate that the applicant is eligible to vote in the election for which the ballot is requested. [(b)]AAIn this chapter: (1)AA"Federal[, "federal] postcard application" means an application for a ballot to be voted under this chapter submitted on the official federal form prescribed under the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.). (2)AA"FPCA registrant" means a person registered to vote under Section 101.055. Sec.A101.004.AANOTING FPCA REGISTRATION ON POLL LIST. For each FPCA registrant accepted to vote, a notation shall be made beside the voter ’s name on the early voting poll list indicating that the voter is an FPCA registrant. Sec.A101.005.AANOTING FPCA REGISTRATION AND E-MAIL ON EARLY VOTING ROSTER. The entry on the early voting roster pertaining to a voter under this chapter who is an FPCA registrant must include a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 2 Attachment number 2 \nPage 2 of 34 Item # C notation indicating that the voter is an FPCA registrant. The early voting clerk shall note on the early voting by mail roster each e-mail of a ballot under Subchapter C. Sec.A101.006.AAEXCLUDING FPCA REGISTRANT FROM PRECINCT EARLY VOTING LIST. A person to whom a ballot is provided under this chapter is not required to be included on the precinct early voting list if the person is an FPCA registrant. Sec.A101.007.AADESIGNATION OF SECRETARY OF STATE. (a)AAThe secretary of state is designated as the state office to provide information regarding voter registration procedures and absentee ballot procedures, including procedures related to the federal write-in absentee ballot, to be used by persons eligible to vote under the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.). (b)AAThe secretary of state is designated as the state coordinator between military and overseas voters and county election officials. A county election official shall: (1)AAcooperate with the secretary of state to ensure that military and overseas voters timely receive accurate balloting materials that a voter is able to cast in time for the election; and (2)AAotherwise comply with the federal Military and Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V, Subt. H). (c)AAThe secretary of state may adopt rules as necessary to implement this section. Sec.A101.008.AASTATUS OF APPLICATION OR BALLOT VOTED. The secretary of state, in coordination with local election officials, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 3 Attachment number 2 \nPage 3 of 34 Item # C shall implement an electronic free-access system by which a person eligible for early voting by mail under this chapter or Chapter 114 may determine by telephone, by e-mail, or over the Internet whether: (1)AAthe person ’s federal postcard application or other registration or ballot application has been received and accepted; and (2)AAthe person ’s ballot has been received and the current status of the ballot. SUBCHAPTERAB.AASUBMISSION OF FEDERAL POSTCARD APPLICATION Sec.A101.051.AAFORM AND CONTENTS OF APPLICATION. An application for a ballot to be voted under this subchapter must: (1)AAbe submitted on an official federal postcard application form; and (2)AAinclude the information necessary to indicate that the applicant is eligible to vote in the election for which the ballot is requested. Sec.A101.052A[101.004].AASUBMITTING APPLICATION. (a)AAA federal postcard application must be submitted to the early voting clerk for the election who serves the election precinct of the applicant ’s residence. (a-1)AAA federal postcard application must be submitted by: (1)AAmail; or (2)AAelectronic transmission of an image of the application under procedures prescribed by the secretary of state. (b)AAA federal postcard application may be submitted at any time during the calendar year in which the election for which a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 4 Attachment number 2 \nPage 4 of 34 Item # C ballot is requested occurs, but not later than the deadline for submitting a regular application for a ballot to be voted by mail. (c)AAA federal postcard application requesting a ballot for an election to be held in January or February may be submitted in the preceding calendar year but not earlier than the earliest date for submitting a regular application for a ballot to be voted by mail. (d)AAA timely application that is addressed to the wrong early voting clerk shall be forwarded to the proper early voting clerk not later than the day after the date it is received by the wrong clerk. (e)AAAn applicant who otherwise complies with applicable requirements is entitled to receive a full ballot to be voted by mail under this chapter if: (1)AAthe applicant submits a federal postcard application to the early voting clerk on or before the 20th day before election day; and (2)AAthe application contains the information that is required for registration under Title 2. (f)AAThe applicant is entitled to receive only a federal ballot to be voted by mail under Chapter 114 if: (1)AAthe applicant submits the federal postcard application to the early voting clerk after the date provided by Subsection (e)(1) and before the sixth day before election day; and (2)AAthe application contains the information that is required for registration under Title 2. (g)AAAn applicant who submits a federal postcard application 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 5 Attachment number 2 \nPage 5 of 34 Item # C to the early voting clerk on or after the sixth day before election day is not entitled to receive a ballot by mail for that election. (h)AAIf the applicant submits the federal postcard application within the time prescribed by Subsection (f)(1) and is a registered voter at the address contained on the application, the applicant is entitled to receive a full ballot to be voted by mail under this chapter. (i)AAExcept as provided by Subsections (l) and (m), for purposes of determining the date a federal postcard application is submitted to the early voting clerk, an application is considered to be submitted on the date it is placed and properly addressed in the United States mail. An application mailed from an Army/Air Force Post Office (APO) or Fleet Post Office (FPO) is considered placed in the United States mail. The date indicated by the post office cancellation mark, including a United States military post office cancellation mark, is considered to be the date the application was placed in the mail unless proven otherwise. For purposes of an application made under Subsection (e): (1)AAan application that does not contain a cancellation mark is considered to be timely if it is received by the early voting clerk on or before the 15th day before election day; and (2)AAif the 20th day before the date of an election is a Saturday, Sunday, or legal state or national holiday, an application is considered to be timely if it is submitted to the early voting clerk on or before the next regular business day. (j)AAIf the early voting clerk determines that an application 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 6 Attachment number 2 \nPage 6 of 34 Item # C that is submitted before the time prescribed by Subsection (e)(1) does not contain the information that is required for registration under Title 2, the clerk shall notify the applicant of that fact. If the applicant has provided a telephone number or an address for receiving mail over the Internet, the clerk shall notify the applicant by that medium. (k)AAIf the applicant submits the missing information before the time prescribed by Subsection (e)(1), the applicant is entitled to receive a full ballot to be voted by mail under this chapter. If the applicant submits the missing information after the time prescribed by Subsection (e)(1), the applicant is entitled to receive a full ballot to be voted by mail for the next election that occurs: (1)AAin the same calendar year; and (2)AAafter the 30th day after the date the information is submitted. (l)AAFor purposes of determining the end of the period that an application may be submitted under Subsection (f)(1), an application is considered to be submitted at the time it is received by the early voting clerk. (m)AAThe secretary of state by rule shall establish the date on which a federal postcard application is considered to be electronically submitted to the early voting clerk. Sec.A101.053A[101.0041].AAACTION BY EARLY VOTING CLERK ON CERTAIN APPLICATIONS. The early voting clerk shall notify the voter registrar of a federal postcard application submitted by an applicant that states a voting residence address located outside 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 7 Attachment number 2 \nPage 7 of 34 Item # C the registrar ’s county. Sec.A101.054A[101.005].AAAPPLYING FOR MORE THAN ONE ELECTION IN SAME APPLICATION. (a)AAA person may apply with a single federal postcard application for a ballot for any one or more elections in which the early voting clerk to whom the application is submitted conducts early voting. (b)AAAn application that does not identify the election for which a ballot is requested shall be treated as if it requests a ballot for: (1)AAeach general election in which the clerk conducts early voting; and (2)AAthe general primary election if the application indicates party preference and is submitted to the early voting clerk for the primary. (c)AAAn application shall be treated as if it requests a ballot for[: [(1)]AAa runoff election that results from an election for which a ballot is requested[; and [(2)AAeach election for a federal office, including a primary or runoff election, that occurs on or before the date of the second general election for state and county officers that occurs after the date the application is submitted]. (d)AAAn application requesting a ballot for more than one election shall be preserved for the period for preserving the precinct election records for the last election for which the application is effective. Sec.A101.055A[101.006].AAFPCA VOTER REGISTRATION. (a)AAThe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 8 Attachment number 2 \nPage 8 of 34 Item # C submission of a federal postcard application that complies with the applicable requirements by an unregistered applicant constitutes registration by the applicant: (1)AAfor the purpose of voting in the election for which a ballot is requested; and (2)AAunder Title 2 unless the person indicates on the application that the person is residing outside the United States indefinitely. (b)AAFor purposes of registering to vote under this chapter, a person shall provide the address of the last place of residence of the person in this state or the last place of residence in this state of the person ’s parent or legal guardian. (c)AAThe registrar shall register the person at the address provided under Subsection (b) unless that address no longer is recognized as a residential address, in which event the registrar shall assign the person to an address under procedures prescribed by the secretary of state [In this chapter, "FPCA registrant" means a person registered to vote under this section]. Sec.A101.056A[101.007].AAMETHOD OF PROVIDING BALLOT; REQUIRED ADDRESS. (a)AAThe balloting materials provided under this subchapter [chapter] shall be airmailed to the voter free of United States postage, as provided by the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), in an envelope labeled "Official Election Balloting Material - via Airmail." The secretary of state shall provide early voting clerks with instructions on compliance with this subsection. (b)AAThe address to which the balloting materials are sent to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 9 Attachment number 2 \nPage 9 of 34 Item # C a voter must be: (1)AAan address outside the county of the voter ’s residence; or (2)AAan address in the United States for forwarding or delivery to the voter at a location outside the United States. (c)AAIf the address to which the balloting materials are to be sent is within the county served by the early voting clerk, the federal postcard application must indicate that the balloting materials will be forwarded or delivered to the voter at a location outside the United States. Sec.A101.057A[101.008].AARETURN OF VOTED BALLOT. A ballot voted under this subchapter [chapter] may be returned to the early voting clerk by mail, common or contract carrier, or courier. [Sec.A101.009.AANOTING FPCA REGISTRATION ON POLL LIST. For each FPCA registrant accepted to vote, a notation shall be made beside the voter ’s name on the early voting poll list indicating that the voter is an FPCA registrant. [Sec.A101.010.AANOTING FPCA REGISTRATION ON EARLY VOTING ROSTER. The entry on the early voting roster pertaining to a voter under this chapter who is an FPCA registrant must include a notation indicating that the voter is an FPCA registrant. [Sec.A101.011.AAEXCLUDING FPCA REGISTRANT FROM PRECINCT EARLY VOTING LIST. A person to whom a ballot is provided under this chapter is not required to be included on the precinct early voting list if the person is an FPCA registrant.] Sec.A101.058A[101.012].AAOFFICIAL CARRIER ENVELOPE. The officially prescribed carrier envelope for voting under this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 10 Attachment number 2 \nPage 10 of 34 Item # C subchapter [chapter] shall be prepared so that it can be mailed free of United States postage, as provided by the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.) [Federal Voting Assistance Act of 1955], and must contain the label prescribed by Section 101.056(a) [101.007(a)] for the envelope in which the balloting materials are sent to a voter. The secretary of state shall provide early voting clerks with instructions on compliance with this section. SUBCHAPTERAC.AAE-MAIL TRANSMISSION OF BALLOTING MATERIALS Sec.A101.101.AAPURPOSE. The purpose of this subchapter is to implement the federal Military and Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V, Subt. H). Sec.A101.102.AAREQUEST FOR BALLOTING MATERIALS. (a)AAA person eligible to vote under this chapter may request from the appropriate early voting clerk e-mail transmission of balloting materials under this subchapter. (b)AAThe early voting clerk shall grant a request made under this section for the e-mail transmission of balloting materials if: (1)AAthe requestor has submitted a valid federal postcard application and: (A)AAif the requestor is a person described by Section 101.001(2)(C), has provided a current mailing address that is located outside the United States; or (B)AAif the requestor is a person described by Section 101.001(2)(A) or (B), has provided a current mailing address that is located outside the requestor ’s county of residence; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 11 Attachment number 2 \nPage 11 of 34 Item # C (2)AAthe requestor provides an e-mail address: (A)AAthat corresponds to the address on file with the requestor ’s federal postcard application; or (B)AAstated on a newly submitted federal postcard application; (3)AAthe request is submitted on or before the seventh day before the date of the election; and (4)AAa marked ballot for the election from the requestor has not been received by the early voting clerk. Sec.A101.103.AACONFIDENTIALITY OF E-MAIL ADDRESS. An e-mail address used under this subchapter to request balloting materials is confidential and does not constitute public information for purposes of Chapter 552, Government Code. An early voting clerk shall ensure that a voter ’s e-mail address provided under this subchapter is excluded from public disclosure. Sec.A101.104.AAELECTIONS COVERED. The e-mail transmission of balloting materials under this subchapter is limited to: (1)AAan election in which an office of the federal government appears on the ballot, including a primary election; (2)AAan election to fill a vacancy in the legislature unless: (A)AAthe election is ordered as an emergency election under Section 41.0011; or (B)AAthe election is held as an expedited election under Section 203.013; or (3)AAan election held jointly with an election described by Subdivision (1) or (2). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 12 Attachment number 2 \nPage 12 of 34 Item # C Sec.A101.105.AABALLOTING MATERIALS TO BE SENT BY E-MAIL. Balloting materials to be sent by e-mail under this subchapter include: (1)AAthe appropriate ballot; (2)AAballot instructions, including instructions that inform a voter that the ballot must be returned by mail to be counted; (3)AAinstructions prescribed by the secretary of state on: (A)AAhow to print a return envelope from the federal Voting Assistance Program website; and (B)AAhow to create a carrier envelope or signature sheet for the ballot; and (4)AAa list of certified write-in candidates, if applicable. Sec.A101.106.AAMETHODS OF TRANSMISSION TO VOTER. (a)AAThe balloting materials may be provided by e-mail to the voter in PDF format, through a scanned format, or by any other method of electronic transmission authorized by the secretary of state in writing. (b)AAThe secretary of state shall prescribe procedures for the retransmission of balloting materials following an unsuccessful transmission of the materials to a voter. Sec.A101.107.AARETURN OF BALLOT. (a)AAA voter described by Section 101.001(2)(A) or (B) must be voting from outside the voter ’s county of residence. A voter described by Section 101.001(2)(C) must be voting from outside the United States. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 13 Attachment number 2 \nPage 13 of 34 Item # C (b)AAA voter who receives a ballot under this subchapter must return the ballot in the same manner as required under Section 101.057 and, except as provided by Chapter 105, may not return the ballot by electronic transmission. (c)AAA ballot that is not returned as required by Subsection (b) is considered a ballot not timely returned and is not sent to the early voting ballot board for processing. (d)AAThe deadline for the return of a ballot under this section is the same deadline as provided in Section 86.007. Sec.A101.108.AATRACKING OF BALLOTING MATERIALS. The secretary of state by rule shall create a tracking system under which an FPCA registrant may determine whether a voted ballot has been received by the early voting clerk. Each county that sends ballots to FPCA registrants shall provide information required by the secretary of state to implement the system. Sec.A101.109.AARULES. (a)AAThe secretary of state may adopt rules as necessary to implement this subchapter. (b)AAThe secretary of state may provide for an alternate secure method of electronic ballot transmission under this subchapter instead of transmission by e-mail [Sec.A101.013.AADESIGNATION OF SECRETARY OF STATE. The secretary of state is designated as the state office to provide information regarding voter registration procedures and absentee ballot procedures, including procedures related to the federal write-in absentee ballot, to be used by persons eligible to vote under the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), as amended]. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 14 Attachment number 2 \nPage 14 of 34 Item # C SECTIONA2.AASection 2.025, Election Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows: (a)AAExcept as provided by Subsection (d) or as otherwise provided by this code, a runoff election shall be held not earlier than the 20th or later than the 45th day after the date the final canvass of the main election is completed. (d)AAA runoff election for a special election to fill a vacancy in Congress or a special election to fill a vacancy in the legislature to which Section 101.104 applies shall be held not earlier than the 70th day or later than the 77th day after the date the final canvass of the main election is completed. SECTIONA3.AASubsection (c), Section 3.005, Election Code, is amended to read as follows: (c)AAFor an election to be held on: (1)AAthe date of the general election for state and county officers, the election shall be ordered not later than the 78th [70th] day before election day; and (2)AAa uniform election date other than the date of the general election for state and county officers, the election shall be ordered not later than the 71st day before election day. SECTIONA4.AASection 41.001, Election Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows: (a)AAExcept as otherwise provided by this subchapter, each general or special election in this state shall be held on one of the following dates: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 15 Attachment number 2 \nPage 15 of 34 Item # C (1)AAthe second Saturday in May in an odd-numbered year; (2)AAthe second Saturday in May in an even-numbered year, for an election held by a political subdivision other than a county; or (3) [(2)]AAthe first Tuesday after the first Monday in November. (d)AANotwithstanding Section 31.093, a county elections administrator is not required to enter into a contract to furnish election services for an election held on the date described by Subsection (a)(2). SECTIONA5.AASection 41.0052, Election Code, is amended to read as follows: Sec.A41.0052.AACHANGING GENERAL ELECTION DATE. (a)AA[The governing body of a political subdivision other than a county may, not later than December 31, 2005, change the date on which it holds its general election for officers to another authorized uniform election date. [(a-1)]AAThe governing body of a political subdivision, other than a county, that holds its general election for officers on a date other than the November uniform election date may, not later than December 31,2012 [2010], change the date on which it holds its general election for officers to the November uniform election date. (b)AAA governing body changing an election date under this section shall adjust the terms of office to conform to the new election date. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 16 Attachment number 2 \nPage 16 of 34 Item # C (c)AAA home-rule city may implement the change authorized by Subsection (a) or provide for the election of all members of the governing body at the same election through the adoption of a resolution. The change contained in the resolution supersedes a city charter provision that requires a different general election date or that requires the terms of members of the governing body to be staggered. (d)AAThe holdover of a member of a governing body of a city in accordance with Section 17, Article XVI, Texas Constitution, so that a term of office may be conformed to a new election date chosen under this section does not constitute a vacancy for purposes of Section 11(b), Article XI, Texas Constitution. SECTIONA6.AASubsection (b), Section 41.007, Election Code, is amended to read as follows: (b)AAThe runoff primary election date is the fourth Tuesday in May [second Tuesday in April] following the general primary election. SECTIONA7.AASection 65.051, Election Code, is amended by adding Subsection (c) to read as follows: (c)AASection 1.006 does not apply to this section. SECTIONA8.AASubsection (b), Section 86.004, Election Code, is amended to read as follows: (b)AAFor an election to which Section 101.104 applies [the general election for state and county officers], the balloting materials for a voter who indicates on the application for a ballot to be voted by mail or the federal postcard application that the voter is eligible to vote early by mail as a consequence of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 17 Attachment number 2 \nPage 17 of 34 Item # C voter ’s being outside the United States shall be mailed on or before the later of the 45th day before election day or the seventh calendar day after the date the clerk receives the application. However, if it is not possible to mail the ballots by the deadline of the 45th day before election day, the clerk shall notify the secretary of state within 24 hours of knowing that the deadline will not be met. The secretary of state shall monitor the situation and advise the clerk, who shall mail the ballots as soon as possible in accordance with the secretary of state ’s guidelines. SECTIONA9.AASubsection (b), Section 86.011, Election Code, is amended to read as follows: (b)AAIf the return is timely, the clerk shall enclose the carrier envelope and the voter ’s early voting ballot application in a jacket envelope.The clerk shall also include in the jacket envelope: (1)AAa copy of the voter ’s federal postcard application if the ballot is voted under Chapter 101; and (2)AAthe signature cover sheet, if the ballot is voted under Chapter 105. SECTIONA10.AASubchapter B, Chapter 87, Election Code, is amended by adding Section 87.0223 to read as follows: Sec.A87.0223.AATIME OF DELIVERY: BALLOTS SENT OUT BY REGULAR MAIL AND E-MAIL. (a)AAIf the early voting clerk has provided a voter a ballot to be voted by mail by both regular mail and e-mail under Subchapter C, Chapter 101, the clerk may not deliver a jacket envelope containing the early voting ballot voted by mail by the voter to the board until: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 18 Attachment number 2 \nPage 18 of 34 Item # C (1)AAboth ballots are returned; or (2)AAthe deadline for returning marked ballots under Section 86.007 has passed. (b)AAIf both the ballot provided by regular mail and the ballot provided by e-mail are returned before the deadline, the early voting clerk shall deliver only the jacket envelope containing the ballot provided by e-mail to the board. The ballot provided by regular mail is considered to be a ballot not timely returned. SECTIONA11.AASection 87.041, Election Code, is amended by adding Subsection (f) to read as follows: (f)AAIn making the determination under Subsection (b)(2) for a ballot cast under Chapter 101 or 105, the board shall compare the signature on the carrier envelope or signature cover sheet with the signature of the voter on the federal postcard application. SECTIONA12.AASection 87.043, Election Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows: (a)AAThe early voting ballot board shall place the carrier envelopes containing rejected ballots in an envelope and shall seal the envelope. More than one envelope may be used if necessary.The board shall keep a record of the number of rejected ballots in each envelope. (d)AAA notation must be made on the carrier envelope of any ballot that was rejected after the carrier envelope was opened and include the reason the envelope was opened and the ballot was rejected. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 19 Attachment number 2 \nPage 19 of 34 Item # C SECTIONA13.AASection 87.0431, Election Code, is amended to read as follows: Sec.A87.0431.AANOTICE OF REJECTED BALLOT. Not later than the 10th day after election day, the presiding judge of the early voting ballot board shall deliver written notice of the reason for the rejection of a ballot to the voter at the residence address on the ballot application.If the ballot was transmitted to the voter by e-mail under Subchapter C, Chapter 101, the presiding judge shall also provide the notice to the e-mail address to which the ballot was sent. SECTIONA14.AASubsection (a), Section 87.044, Election Code, is amended to read as follows: (a)AAThe early voting ballot board shall place each application for a ballot voted by mail in its corresponding jacket envelope.For a ballot voted under Chapter 101 or 105, the board shall also place the copy of the voter ’s federal postcard application or signature cover sheet in the same location as the carrier envelope. If the voter ’s ballot was accepted, the board shall also place the carrier envelope in the jacket envelope. However, if the jacket envelope is to be used in a subsequent election, the carrier envelope shall be retained elsewhere. SECTIONA15.AASection 105.003, Election Code, is amended to read as follows: Sec.A105.003.AAUSE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR ELECTIONS FOR FEDERAL OFFICE. The secretary of state shall prescribe procedures to allow a voter who qualifies to vote by a federal write-in absentee ballot to vote through use of a federal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 20 Attachment number 2 \nPage 20 of 34 Item # C write-in absentee ballot in: (1)AAany general, special, primary, or runoff election for federal office; or (2)AAan election for any office for which balloting materials may be sent under Section 101.104. SECTIONA16.AASubsection (b), Section 142.010, Election Code, is amended to read as follows: (b)AANot later than the 68th [55th] day before general election day, the certifying authority shall deliver the certification to the authority responsible for having the official ballot prepared in each county in which the candidate ’s name is to appear on the ballot. SECTIONA17.AASubsection (c), Section 143.007, Election Code, is amended to read as follows: (c)AAFor an election to be held on: (1)AAthe date of the general election for state and county officers, the day of the filing deadline is the 78th [70th] day before election day; and (2)AAa uniform election date other than the date of the general election for state and county officers, the day of the filing deadline is the 71st day before election day. SECTIONA18.AASubsection (d), Section 144.005, Election Code, is amended to read as follows: (d)AAFor an election to be held on: (1)AAthe date of the general election for state and county officers, the day of the filing deadline is the 78th [70th] day before election day; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 21 Attachment number 2 \nPage 21 of 34 Item # C (2)AAa uniform election date other than the date of the general election for state and county officers, the day of the filing deadline is the 71st day before election day. SECTIONA19.AASubsection (b), Section 144.006, Election Code, is amended to read as follows: (b)AAFor an election to be held on: (1)AAthe date of the general election for state and county officers, the day of the filing deadline is the 78th [67th] day before election day; and (2)AAa uniform election date other than the date of the general election for state and county officers, the day of the filing deadline is the 71st day before election day. SECTIONA20.AASubsection (e), Section 145.037, Election Code, is amended to read as follows: (e)AAThe certification must be delivered not later than 5 p.m. of the 71st [70th] day before election day. SECTIONA21.AASubsection (b), Section 145.038, Election Code, is amended to read as follows: (b)AAThe state chair must deliver the certification of the replacement nominee not later than 5 p.m. of the 69th [67th] day before election day. SECTIONA22.AASubsection (f), Section 145.092, Election Code, is amended to read as follows: (f)AAA candidate in an election for which the filing deadline for an application for a place on the ballot is not later than 5 p.m. of the 78th [70th] day before election day may not withdraw from the election after 5 p.m. of the 71st [67th] day before election day. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 22 Attachment number 2 \nPage 22 of 34 Item # C SECTIONA23.AASubsection (a), Section 145.094, Election Code, is amended to read as follows: (a)AAThe name of a candidate shall be omitted from the ballot if the candidate: (1)AAdies before the second day before the date of the deadline for filing the candidate ’s application for a place on the ballot; (2)AAwithdraws or is declared ineligible before 5 p.m. of the second day before the beginning of early voting by personal appearance, in an election subject to Section 145.092(a); (3)AAwithdraws or is declared ineligible before 5 p.m. of the 53rd day before election day, in an election subject to Section 145.092(b); or (4)AAwithdraws or is declared ineligible before 5 p.m. of the 71st [67th] day before election day, in an election subject to Section 145.092(f). SECTIONA24.AASubsection (a), Section 145.096, Election Code, is amended to read as follows: (a)AAExcept as provided by Subsection (b), a candidate ’s name shall be placed on the ballot if the candidate: (1)AAdies on or after the second day before the deadline for filing the candidate ’s application for a place on the ballot; (2)AAis declared ineligible after 5 p.m. of the second day before the beginning of early voting by personal appearance, in an election subject to Section 145.092(a); (3)AAis declared ineligible after 5 p.m. of the 53rd day before election day, in an election subject to Section 145.092(b); 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 23 Attachment number 2 \nPage 23 of 34 Item # C or (4)AAis declared ineligible after 5 p.m. of the 71st [67th] day before election day, in an election subject to Section 145.092(f). SECTIONA25.AASubsections (a) and (b), Section 146.025, Election Code, are amended to read as follows: (a)AAA declaration of write-in candidacy must be filed not later than 5 p.m. of the 78th [70th] day before general election day, except as otherwise provided by this code.AAA declaration may not be filed earlier than the 30th day before the date of the regular filing deadline. (b)AAIf a candidate whose name is to appear on the general election ballot dies or is declared ineligible after the third day before the date of the filing deadline prescribed by Subsection (a), a declaration of write-in candidacy for the office sought by the deceased or ineligible candidate may be filed not later than 5 p.m. of the 75th [67th] day before election day. SECTIONA26.AASubsection (c), Section 146.029, Election Code, is amended to read as follows: (c)AANot later than the 68th [62nd] day before election day, the certifying authority shall deliver the certification to the authority responsible for having the official ballot prepared in each county in which the office sought by the candidate is to be voted on. SECTIONA27.AASubsection (b), Section 146.054, Election Code, is amended to read as follows: (b)AAFor an election to be held on: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 24 Attachment number 2 \nPage 24 of 34 Item # C (1)AAthe date of the general election for state and county officers, the day of the filing deadline is the 74th [67th] day before election day; and (2)AAa uniform election date other than the date of the general election for state and county officers, the day of the filing deadline is the 71st day before election day. SECTIONA28.AASubsection (b), Section 161.008, Election Code, is amended to read as follows: (b)AANot later than the 68th [62nd] day before general election day, the secretary of state shall deliver the certification to the authority responsible for having the official general election ballot prepared in each county in which the candidate ’s name is to appear on the ballot. SECTIONA29.AASubsection (a), Section 172.023, Election Code, is amended to read as follows: (a)AAAn application for a place on the general primary election ballot must be filed not later than 6 p.m. on the second Monday in December of an odd-numbered year [January 2 in the primary election year] unless the filing deadline is extended under Subchapter C. SECTIONA30.AASubsection (d), Section 171.0231, Election Code, is amended to read as follows: (d)AAA declaration of write-in candidacy must be filed not later than 6 [5] p.m. of the fifth [62nd] day after the date of the filing deadline for the [before] general primary election [day. However, if a candidate whose name is to appear on the ballot for the office of county chair or precinct chair dies or is declared 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 25 Attachment number 2 \nPage 25 of 34 Item # C ineligible after the third day before the date of the regular filing deadline prescribed by this subsection, a declaration of write-in candidacy for the office sought by the deceased or ineligible candidate may be filed not later than 5 p.m. of the 59th day before election day]. SECTIONA31.AASubsection (b), Section 172.028, Election Code, is amended to read as follows: (b)AANot later than the 81st [57th] day before general primary election day, the state chair shall deliver the certification to the county chair in each county in which the candidate ’s name is to appear on the ballot. SECTIONA32.AASubsection (a), Section 172.052, Election Code, is amended to read as follows: (a)AAA candidate for nomination may not withdraw from the general primary election after the 79th [62nd] day before general primary election day. SECTIONA33.AASubsections (a) and (b), Section 172.054, Election Code, are amended to read as follows: (a)AAThe deadline for filing an application for a place on the general primary election ballot is extended as provided by this section if a candidate who has made an application that complies with the applicable requirements: (1)AAdies on or after the fifth day before the date of the regular filing deadline and on or before the 79th [62nd] day before general primary election day; (2)AAholds the office for which the application was made and withdraws or is declared ineligible on or after the date of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 26 Attachment number 2 \nPage 26 of 34 Item # C the regular filing deadline and on or before the 79th [62nd] day before general primary election day; or (3)AAwithdraws or is declared ineligible during the period prescribed by Subdivision (2), and at the time of the withdrawal or declaration of ineligibility no other candidate has made an application that complies with the applicable requirements for the office sought by the withdrawn or ineligible candidate. (b)AAAn application for an office sought by a withdrawn, deceased, or ineligible candidate must be filed not later than 6 p.m. of the 81st [60th] day before general primary election day. An application filed by mail with the state chair is not timely if received later than 5 p.m. of the 81st [60th] day before general primary election day. SECTIONA34.AASection 172.057, Election Code, is amended to read as follows: Sec.A172.057.AAWITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE ’S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A candidate ’s name shall be omitted from the general primary election ballot if the candidate withdraws, dies, or is declared ineligible on or before the 79th [62nd] day before general primary election day. SECTIONA35.AASubsection (a), Section 172.058, Election Code, is amended to read as follows: (a)AAIf a candidate who has made an application for a place on the general primary election ballot that complies with the applicable requirements dies or is declared ineligible after the 79th [62nd] day before general primary election day, the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 27 Attachment number 2 \nPage 27 of 34 Item # C candidate ’s name shall be placed on the ballot and the votes cast for the candidate shall be counted and entered on the official election returns in the same manner as for the other candidates. SECTIONA36.AASubsection (a), Section 172.059, Election Code, is amended to read as follows: (a)AAA candidate for nomination may not withdraw from the runoff primary election after 5 p.m. of the 8th [10th] day after general primary election day. SECTIONA37.AASubsection (c), Section 172.082, Election Code, is amended to read as follows: (c)AAThe drawing shall be conducted at the county seat not later than the third Tuesday in December of an odd-numbered year [53rd day before general primary election day]. SECTIONA38.AASubsection (b), Section 192.033, Election Code, is amended to read as follows: (b)AAThe secretary of state shall deliver the certification to the authority responsible for having the official ballot prepared in each county before the later of the 68th [62nd] day before presidential election day or the second business day after the date of final adjournment of the party ’s national presidential nominating convention. SECTIONA39.AASubsection (b), Section 201.051, Election Code, is amended to read as follows: (b)AAFor a vacancy to be filled by a special election to be held on the date of the general election for state and county officers, the election shall be ordered not later than the 78th [70th] day before election day. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 28 Attachment number 2 \nPage 28 of 34 Item # C SECTIONA40.AASubsection (f), Section 201.054, Election Code, is amended to read as follows: (f)AAFor a special election to be held on the date of the general election for state and county officers, the day of the filing deadline is the 75th [67th] day before election day. SECTIONA41.AASection 501.109, Election Code, is amended to read as follows: Sec.A501.109.AAELECTION IN [CERTAIN] MUNICIPALITIES. (a)AAThis section applies only to an election to permit or prohibit the legal sale of alcoholic beverages of one or more of the various types and alcoholic contents in a municipality [that is located in more than one county]. (b)AAAn election to which this section applies shall be conducted by the municipality instead of a county [the counties]. For the purposes of an election conducted under this section, a reference in this chapter to: (1)AAthe county is considered to refer to the municipality; (2)AAthe commissioners court is considered to refer to the governing body of the municipality; (3)AAthe county clerk or voter registrar is considered to refer to the secretary of the municipality or, if the municipality does not have a secretary, to the person performing the functions of a secretary of the municipality; and (4)AAthe county judge is considered to refer to the mayor of the municipality or, if the municipality does not have a mayor, to the presiding officer of the governing body of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 29 Attachment number 2 \nPage 29 of 34 Item # C municipality. (c)AAThe municipality shall pay the expense of the election. (d)AAAn action to contest the election under Section 501.155 may be brought in the district court of any county in which the municipality is located. SECTIONA42.AASubsections (a) and (c), Section 11.055, Education Code, are amended to read as follows: (a)AAExcept as provided by Subsection (c), an application of a candidate for a place on the ballot must be filed not later than 5 p.m. of the 71st [62nd] day before the date of the election. An application may not be filed earlier than the 30th day before the date of the filing deadline. (c)AAFor an election to be held on the date of the general election for state and county officers, the day of the filing deadline is the 78th [70th] day before election day. SECTIONA43.AASubsection (b), Section 11.056, Education Code, is amended to read as follows: (b)AAA [Except as provided by Subsection (e), a] declaration of write-in candidacy must be filed not later than the deadline prescribed by Section 146.054, Election Code, for a write-in candidate in a city election [5 p.m. of the fifth day after the date an application for a place on the ballot is required to be filed]. SECTIONA44.AASubsection (e), Section 11.059, Education Code, is amended to read as follows: (e)AANot later than December 31,2011 [2007], the board of trustees may adopt a resolution changing the length of the terms of its trustees. The resolution must provide for staggered terms [a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 30 Attachment number 2 \nPage 30 of 34 Item # C term] of either three or four years and specify the manner in which the transition from the length of the former term to the modified term is made. The transition must begin with the first regular election for trustees that occurs after January 1,2012 [2008], and a trustee who serves on that date shall serve the remainder of that term. This subsection expires January 1,2017 [2013]. SECTIONA45.AASubsection (b), Section 130.0825, Education Code, is amended to read as follows: (b)AAA [Except as provided by Subsection (e), a] declaration of write-in candidacy must be filed not later than the deadline prescribed by Section 146.054, Election Code, for a write-in candidate in a city election [5 p.m. of the fifth day after the date an application for a place on the ballot is required to be filed]. SECTIONA46.AASubsection (d), Section 285.131, Health and Safety Code, is amended to read as follows: (d)AAA [Except as provided by Subsection (g), a] declaration of write-in candidacy must be filed not later than the deadline prescribed by Section 146.054, Election Code, for a write-in candidate in a city election [5 p.m. of the fifth day after the date an application for a place on the ballot is required to be filed]. SECTIONA47.AASubchapter A, Chapter 21, Local Government Code, is amended by adding Section 21.004 to read as follows: Sec.A21.004.AACHANGE OF LENGTH OR STAGGERING OF TERMS IN GENERAL-LAW MUNICIPALITY. (a)AAThis section applies only to a general-law municipality whose governing body is composed of members that serve: (1)AAa term of one or three years; or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 31 Attachment number 2 \nPage 31 of 34 Item # C (2)AAstaggered terms. (b)AANot later than December 31, 2012, the governing body of the general-law municipality may adopt a resolution: (1)AAchanging the length of the terms of its members to two years; or (2)AAproviding for the election of all members of the governing body at the same election. (c)AAThe resolution must specify the manner in which the transition in the length of terms is made. The transition must begin with the first regular election for members of the governing body that occurs after January 1, 2013, and a member who serves on that date shall serve the remainder of that term. (d)AAThis section expires January 1, 2016. SECTIONA48.AASubsection (d), Section 63.0945, Water Code, is amended to read as follows: (d)AAA [Except as provided by Subsection (f), a] declaration of write-in candidacy must be filed not later than the deadline prescribed by Section 146.054, Election Code, for a write-in candidate in a city election [5 p.m. of the fifth day after the date an application for a place on the ballot is required to be filed]. SECTIONA49.AATo the extent of any conflict, this Act prevails over another Act of the 82nd Legislature, Regular Session, 2011, regardless of the relative dates of enactment. SECTIONA50.AAThe secretary of state shall adopt rules as necessary to implement this Act, including the adjustment or modification of any affected date, deadline, or procedure. SECTIONA51.AAThe following are repealed: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A100 32 Attachment number 2 \nPage 32 of 34 Item # C (1)AASection 41.0053, Election Code; (2)AASubsection (e), Section 11.056, and Subsection (e), Section 130.0825, Education Code; (3)AASubsection (g), Section 285.131, Health and Safety Code; and (4)AASubsection (f), Section 63.0945, Water Code. SECTIONA52.AA(a)AAThis section applies only to a political subdivision that elects the members of its governing body to a term that consists of an odd number of years. (b)AANot later than December 31, 2012, the governing body of the political subdivision may adopt a resolution changing the length of the terms of its members to an even number of years. The resolution must specify the manner in which the transition from the length of the former term to the modified term is made. The transition must begin with the first regular election for members of the governing body that occurs after January 1, 2013, and a member who serves on that date shall serve the remainder of that term. (c)AAThis section expires January 1, 2020. SECTIONA53.AAThe changes in law made by this Act do not apply to an election held on November 8, 2011. SECTIONA54.AAThis Act takes effect September 1, 2011. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 S.B.ANo.A100 33 Attachment number 2 \nPage 33 of 34 Item # C ______________________________AAAA______________________________ President of the SenateAAAAAAAAAAAAASpeaker of the House I hereby certify that S.B.ANo.A100 passed the Senate on AprilA14,A2011, by the following vote:AAYeasA29, NaysA1; MayA27,A2011, Senate refused to concur in House amendments and requested appointment of Conference Committee; MayA27,A2011, House granted request of the Senate; MayA29,A2011, Senate adopted Conference Committee Report by the following vote:AAYeasA31, NaysA0. ______________________________ AAAASecretary of the Senate I hereby certify that S.B.ANo.A100 passed the House, with amendments, on MayA25,A2011, by the following vote:AAYeasA143, NaysA1, two present not voting; MayA27,A2011, House granted request of the Senate for appointment of Conference Committee; MayA29,A2011, House adopted Conference Committee Report by the following vote:AAYeasA147, NaysA0, one present not voting. ______________________________ AAAAChief Clerk of the House Approved: ______________________________ AAAAAAAAAAAADate ______________________________ AAAAAAAAAAAGovernor S.B.ANo.A100 34 Attachment number 2 \nPage 34 of 34 Item # C Note - Navigational menus along with other non-content related elements have been removed for your convenience. Thank you for visiting us online. Election Advisory No. 2011-09 To:All County, City, School District, and Other Political Subdivision Election Officials From:Ann McGeehan, Director of Elections Date:June 24, 2011 RE:Legislative Implementation of the federal Military and Overseas Voter Empowerment Act and the Impact on the Texas Election Calendar To comply with the federal Military and Overseas Voter Empowerment Act (MOVE), the Texas Legislature enacted Senate Bill 100 (SB 100) in the 82nd Regular Session. This Advisory is intended to provide a basic summary and notice of the impact on the 2012 election calendar. SB 100 does not apply to the November 8, 2011 election. Our office will soon provide more detailed information concerning all the new requirements. As required by MOVE, SB 100 enhances the voting process for military and overseas voters who may encounter obstacles and time delays with the standard vote by mail process. SB 100 requires ballots to be mailed or emailed to military and overseas voters no later than the 45th day before the election. This requirement applies to: All elections in which a federal office appears on the ballot;1. Elections to fill a vacancy in the state legislature, unless the election is an emergency or expedited; and 2. An election held jointly with an election described in (1) or (2).3. In addition, SB 100 provides that a Federal Postcard Application is effective for a single calendar year instead of the previous effective period of two federal general elections. The mandate to mail ballots 45 days before an election has a significant impact on the entire election calendar. For example, although primary elections will continue to be the first Tuesday in March, runoff primary elections are moved from the second Tuesday in April to the fourth Tuesday in May. SB 100 also affects the May uniform election date which now falls between the March primary and the May primary runoff. Early voting for the primary runoff begins two days after the May uniform election date. SB 100 limits the May uniform election date in even-numbered years to only non-county elections. The May uniform election date in odd-numbered years is unaffected. The deadlines to order elections and the deadlines to file an application for place on the ballot are also adjusted. Below is a summary of the new 2012 election dates and deadlines: Page 1 of 3Election Advisory No. 2011-09 7/6/2011http://www.sos.state.tx.us/elections/laws/advisory2011-09.shtml Attachment number 3 \nPage 1 of 3 Item # C Deadline to file an application for place on the primary ballot December 12, 2011 Deadline to conduct primary ballot drawing December 20, 2011 Deadline to mail ballots to MOVE voters for primary January 21, 2012 Primary Early Voting Period February 21-March 2, 2012 Deadline to file an application for place on the May ballot March 5, 2012 PRIMARY ELECTION DAY March 6, 2012 Deadline to mail ballots to MOVE voters for runoff April 7, 2012 May uniform election day early voting period April 30 – May 8, 2012 MAY UNIFORM ELECTION DAY (Limited) May 12, 2012 Primary Runoff Early Voting Period May 14 – 18, 2012 PRIMARY Runoff Election Day May 22, 2012 Cities, schools or other political subdivisions that hold a general election in May of even- numbered years are urged to contact their county election officials soon to determine if county election officials will be able to contract to either conduct the election or lease voting equipment in May of even-numbered years. County election officials are not required to contract to conduct elections in May of even-numbered years. Similarly, counties are not required to lease voting equipment if doing so jeopardizes the equipment’s availability for county elections. SB 100 does not require a political subdivision to change its general election date but it does allow a political subdivision to change to the November uniform election date or to May of an odd- numbered year. Consistent with legislative intent, the Office of the Secretary of State will likely adopt an administrative rule clarifying that a political subdivision may move its general election date from May of an even-numbered year to May of an odd-numbered year. In addition, SB 100 contains the following provisions to facilitate a change in election date and/or a change to the term of office: A home rule city may pass a resolution to change the general election date or to provide for the election of all members of the governing body at the same election. The resolution supersedes any charter provision to the contrary. • A school board may adopt a resolution no later than December 31, 2011 that changes the length of trustees’ terms. The resolution must provide for staggered terms of either three or four years, and the transition must begin with the first regular election occurring after January 1, 2012. • A general law municipality whose governing body serves one or three year terms or staggered terms may adopt a resolution no later than December 31, 2012, changing the length of term to two years or providing for the election of all members of the governing body at the same election. • Page 2 of 3Election Advisory No. 2011-09 7/6/2011http://www.sos.state.tx.us/elections/laws/advisory2011-09.shtml Attachment number 3 \nPage 2 of 3 Item # C Any political subdivision that elects the members of its governing body to a term that consists of odd-numbered years may adopt a resolution no later than December 31, 2012, changing the length of the term to an even number of years. • While more detailed information is forthcoming, we wanted to alert you to the election calendar changes so that you can begin to assess the impact on your election calendar. If you have any questions or need additional information, please contact the Elections Division at 1-800-252- VOTE (8683). Page 3 of 3Election Advisory No. 2011-09 7/6/2011http://www.sos.state.tx.us/elections/laws/advisory2011-09.shtml Attachment number 3 \nPage 3 of 3 Item # C City of Georgetown, Texas Election Data (updated 11.08.11) Election Costs May 2007 (Council Districts 3, 4, 7)- $9,057.86 May 2008 (Mayor, Council Districts 2 & 6)- $22,915.52 November 2008 (Streets and Parks Bonds)- $49,829.86 May 2009 (Council District 1, District 5 cancelled) - $1,424.33 May 2010 (Council District 3, Districts 4 & 7 cancelled) - $1,311.69 November 2010 (Local Sales and Use Tax and Local Option Election) - $38,105.22 May 2011 (Mayor, Council Districts 2 &6, Public Safety Facility Bond) - $19,991.73 Voter Turnout May 2008 (City-wide) -Registered Voters: 28,290, Votes Cast: 6,027, Turnout Percentage: 21.3% Nov 2008 (City-wide)- Registered Voters: 28,290 (estimate), Votes Cast: 20,288, Turnout: 73.1% May 2009 (District 1) - Registered Voters: 1,989, Votes Cast: 145, Turnout: 7.2% May 2010 (District 3)- Registered Voters: 2,854, Votes Cast: 471, Turnout 16.5% Nov 2010 (City-wide)- Registered Voters: 30,016 (estimate), Votes Cast: 17,079, Turnout: 56.8% May 2011 (City-wide)- Registered Voters: 30,081, Votes Cast: 4,845, Turnout: 16.1% Attachment number 4 \nPage 1 of 1 Item # C May vs. November Election Costs The following information was provided to the City Secretary by the Williamson County Elections Administrator. Various factors that go into the cost of the elections each year: MAY: 9 days Early Voting Fewer Election Day polling locations due to “voting centers.” This allows voters to vote at any location on Election Day. Between 30 and 40 polling locations are used Lower personnel costs due to less number of workers hired and fewer total hours worked for May. NOVEMBER: 12 days Early Voting All County Election precinct polling places are utilized. 92 polling locations are used More overtime hours paid for November Early Voting (generally, the number of early voting hours scheduled for November Elections are more) · The City’s pro rata share for election costs is based on the number of registered voters of all participating political jurisdictions holding an election. Example: November 2008 Presidential Election: $1.57 per voter, November 2009 Constitutional Amendment Election: $1.49 per voter, May 2011 with 23 jurisdictions conducting elections, $0.52 per voter. · The number of political jurisdictions participating in an election and their size are also factors in how much an election will cost for each jurisdiction, whether it is the May or November Election date. The more jurisdictions participating, the lower the cost of the election for each jurisdiction. · The Cities of Round Rock, Cedar Park, Hutto, Liberty Hill and Taylor have decided to keep their General Elections in May. The City of Pflugerville will be discussing this issue on their October 25, 2011 City Council agenda. · Costs for previous City Elections: o May 2011: $19,991.73 (Districts 2, 6 and Mayor- City wide) o November 2010: $38,105.22 (Street Maintenance Sales Tax Election- City wide) o May 2010: $1,311.69 (District 3 Election. District 7 Election Cancelled) o May 2009: $1,424.33 (District 1 Election. District 5 Election Cancelled) Attachment number 5 \nPage 1 of 1 Item # C City of Georgetown, Texas February 16, 2012 SUBJECT: Discuss Agenda Items for 2/23/12 Meeting ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # D