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Preparing Your Ballots

Preparing Your Ballots. 25th Annual Election Law Seminar Cities, Schools, and Other Political Subdivisions. Overview. Preparing the Ballot Ballot Form and Content The Ballot Drawing Ballot Certification Ballot Correction Statutory references are to the Texas Election Code.

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Preparing Your Ballots

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  1. Preparing Your Ballots 25th Annual Election Law Seminar Cities, Schools, and Other Political Subdivisions Texas Secretary of State Elections Division

  2. Overview • Preparing the Ballot • Ballot Form and Content • The Ballot Drawing • Ballot Certification • Ballot Correction Statutory references are to the Texas Election Code. Texas Secretary of State Elections Division

  3. Preparing the Ballot • Prepared By (Section 52.002): • For an election ordered by a city, the ballot is prepared by the city secretary. • For an election ordered by an authority of a political subdivision other than a city, the ballot is prepared by the secretary of the subdivision’s governing body (or the presiding officer if there is no secretary). Texas Secretary of State Elections Division

  4. Preparing the Ballot • Deadlines • There is no specific deadline. • However, ballots must be prepared, finalized, and tested in time for the mail ballots to be mailed in accordance with Section 86.004, UOCAVA, and the MOVE Act. Texas Secretary of State Elections Division

  5. Ballot Form and Content • Form and Content (Sections 52.031-52.095): • Must use black ink on white or light-colored paper. • The color may not be the same as sample ballot. • Designation of nature and date of election at top of ballot. • “Official Election” printed immediately below designation. • No size requirement, but type and font must be uniform. • Must be bilingual. • Designation of election to fill unexpired term, if applicable. Texas Secretary of State Elections Division

  6. Ballot Form and Content • Names on Ballot (Sections 52.031 to 52.034): • Titles or designation generally prohibited. • However, candidates with same name can use title or description of not more than four words to distinguish. • Given name or initials, followed by last name, as certified. • In combination with their last name, a candidate may use: (1) a given name; (2) a contraction or familiar form of a given name by which the candidate is known; or (3) an initial of a given name. • A suffix (e.g., “Sr.” or “2nd”) may be used. Texas Secretary of State Elections Division

  7. Ballot Form and Content • Nicknames (Sections 52.031): • Unhyphenated nicknames of 10 letters or less are acceptable in conjunction with a candidate’s full name if the nickname is commonly known to be used by the candidate in the three years preceding the election. • Requires an affidavit and compliance with Section 52.031. Texas Secretary of State Elections Division

  8. Ballot Drawing • Generally (Secs. 52.094, 172.082 & 172.084): • If more than one candidate, then a drawing for the order of names is required by authority responsible for ballot preparation. • Preparing authority must conduct drawing. • Each candidate (or personal representative) is entitled to attend drawing. Texas Secretary of State Elections Division

  9. Ballot Drawing • Notice (Sections 52.094): • Authority must post a notice of the date, hour, and place of drawing for 72 hours immediately preceding the drawing. • Exception: 24 hours for run-off elections. • City Election: On receipt of a candidate's written request accompanied by a stamped, self-addressed envelope, the authority shall mail written notice of the date, hour, and place of the drawing to the candidate. • Other Political Subdivision: Must mail notice to candidates. Texas Secretary of State Elections Division

  10. Ballot Correction • Three Options (Section 52.006): • Prepare new ballots; • Obscure incorrect language; enter correct language in printed form next to incorrect language, if necessary. • Prepare printed or blank stickers to cover incorrect information. Texas Secretary of State Elections Division

  11. Ballot Correction • Notice, if making new ballots (Section 52.061): • Must notify our office within 24 hours after making decision to print new ballots in order to make a correction. • The notice must state the nature of the correction being made. • Also must post notice for destruction of incorrect ballots (see next slide). Texas Secretary of State Elections Division

  12. Ballot Correction • Destruction of Ballots (Section 52.064): • Authority must destroy ballots in presence of the authority ordering the election. • Notice of the time, place, and date of the destruction must be posted for 72 hours before. • Any person can attend the destruction. • Records must be made and preserved regarding the destroyed ballots. Texas Secretary of State Elections Division

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