Prior to Opening Polls

Figure 5-1: Secretary of State Election Worker Training Materials Webpage

FAD reviewed training materials provided by the four counties on three stages of the election process. The first stage was training on topics a poll worker must know prior to opening the polls. Next was training on how to run the election while the polls are open. The last stage was training on how to properly close down a polling location. The Texas Election Code and Texas Administrative Code each have requirements that must be met within these three stages of the election process. FAD reviewed the training materials provided by the four counties to verify whether the materials addressed the requirements of the Texas Election Code and the Texas Administrative Code.

Verify Seal Numbers on Equipment

A seal shall be provided for each ballot box and the authority responsible for distributing election supplies must prepare records of serial numbers of seals and preserve them for the period for preserving precinct election records.75

Arrange Voting Station

The voting area should be in view of election officers, watchers, and persons waiting to vote.76 Only one entrance should allow access to the voting area.77 The voting area must be adequately lighted.78 Each voting station should have an indelible marking

75 Tex. Elec. Code § 127.064. 76 Tex. Elec. Code § 62.004 (1). 77 Tex. Elec. Code § 62.004 (2). 78 Tex. Elec. Code § 62.004 (3).

instrument, which is an instrument that makes marks that cannot be easily removed or erased.79

Examine ballot boxes, ballots, and placement of ballot boxes

An election officer must open and examine the ballot boxes and remove any contents from the boxes.80 Ballot boxes, including those for depositing provisional ballots, must be locked and placed in plain view of election officers, watchers, and persons waiting to vote.81 An election officer must unseal the ballot package, remove the ballots, and examine them to determine that they are properly numbered and printed.82 Any unnumbered or otherwise defective ballot must be placed in ballot box number 4.83

Placement of Required Forms and Supplies

Each table used to accept and qualify voters must have the following: (1) a list of registered voters, including supplemental and correction lists, or a revised original list;84 (2) a registration omissions list;85(3) a combination form;86 (4) a poll list;87 (5) a signature roster;88 (6) blank affidavits (Voter with Required Documentation Who is Not on List, Affidavit of Voter Without Required Identification, Voter’s Similar Name Affidavit);89 (7) a list for tracking provisional voters;90 (8) reasonable impediment declarations;91 (9) provisional ballot affidavit envelopes;92 (10) Notice to Provisional Voter for Voter Voting Provisionally Due To Lack Of Acceptable Identification;93 (11) secrecy envelopes for provisional ballots;94 (12) statements of resident95; (13) a

79 Tex. Elec. Code § 62.015. 80 Tex. Elec. Code § 62.005. 81 Tex. Elec. Code § 62.006. 82 Tex. Elec. Code § 62.007 (a). 83 Tex. Elec. Code § 62.007 (b). 84 Tex. Elec. Code §§ 18.001, 18.002, 18.003. 85 Tex. Elec. Code § 63.005. 86 Tex. Elec. Code § 63.004. 87 Tex. Elec. Code § 63.003. 88 Tex. Elec. Code § 63.002. 89 Tex. Elec. Code § 63.006. 90 Tex. Admin. Code. § 81.173 (b)(14)(B). 91 Tex. Elec. Code § 63.001 (i) 92 Tex. Elec. Code § 63.011. 93 Tex. Admin. Code § 81.173 (b)(13). 94 Tex. Admin. Code § 81.173 (b)(10). 95 Tex. Elec. Code § 63.0011.

Register of Spoiled Ballots;96 and (14) Request To Cancel Application To Vote By Mail forms.97

Signage (English and Spanish)

Distance markers must be placed 100 feet in each direction from all entrances through which voters may enter the polling location.98 A Voter Information Poster and other instruction posters shall be placed in each voting station and in one or more locations in the polling place where they can be read by persons waiting to vote.99 A Public Notice of Voters’ Rights, a sample ballot, a Voter Complaint Poster, and a Notice of Acceptable Identification must also be posted in the polling place.100

Confirmation of Zero Tapes

Immediately before opening the polls for voting on the first day of early voting and on election day, the presiding election judge shall confirm that each voting machine has any public counter reset to zero and shall print the tape that shows the counter was set to zero for each candidate on the ballot.101

Oaths

The presiding judge and each election clerk, alternate judge, and early voting clerk must take an oath administered by the presiding judge. The presiding judge and election clerks present at the polling place before the polls open shall repeat the oath, “I swear (or affirm) that I will not in any manner request or seek to persuade or induce any voter to vote for or against any candidate or measure to be voted on, and that I will faithfully perform my duty as an officer of the election and guard the purity of the election.”102 Following administration of the oath, each election officer shall be issued a form of identification, prescribed by the Secretary of State, to be displayed by the officer during the officer's hours of service at the polling place.103

96 Tex. Elec. Code § 64.007 (c). 97 Tex. Elec. Code § 84.032. 98 Tex. Elec. Code § 62.010. 99 Tex. Elec. Code § 62.011. 100 Tex. Elec. Code §§ 62.0112, 62.0115, 62.012, 62.016. 101 Tex. Elec. Code § 61.002 (a) (effective December 2, 2021); Tex. Admin. Code § 81.52 (h)(1). Prior to the enactment of Senate Bill 1, there was no requirement in the Texas Election Code that a “zero” tape be printed. The Texas Administrative Code contained a requirement for precinct ballot scanners in the polling place, however, there was no requirement that applied to DREs. Tex. Elec. Code § 61.002, Tex. Admin. Code § 81.52 (h)(1). 102 Tex. Elec. Code § 62.003. 103 Tex. Elec. Code § 62.003 (c).