Election Administration Policies

Why it matters

Election Timing; Joint Elections

Polling Locations

Election Hours

Wait Times and Staffing at Polls

Transportation to the Polls

Observing Elections

Activities around Polling Locations

Why it matters

Free and fair elections are a cornerstone of democracies across the world. Issues surrounding when and where elections are held, how long people wait to vote, how they get to the polls, and whether they feel intimidated by others while voting all can impact both the public perception and the reality of whether elections are free and fair.

Issues surrounding election administration and their impact on public participation in elections emerged during community leader conversations. As one community leader noted,

What makes it difficult to vote is that voting poll change locations and voting information is not circulated well.

Another community leader further described election administration challenges that people face when trying to participate in election processes:

Voting is tedious. There are too many restrictions and barriers. The process is very drawn out as well and people don’t have the time to go to the polls from work/school. Voting locations are not clear. People have to go out of their way in order to vote.

In representative democracies, the public uses the power of their vote to elect public officials who are expected to enact policies and programs to promote the public good. It is also through the ballot box that citizens hold their elected officials accountable. As Atkeson and Saunders (2007: 655) note, “If voters do not have confidence that their votes are counted correctly, the most fundamental aspect of representative democracy, the direct election of its leaders, is in doubt and a crisis in democracy may be evident.”

References

1) Atkeson, Lonna Rae and Kyle L. Saunders. 2007. “The Effect of Election Administration on Voter Confidence: A Local Matter?” PS: Political Science and Politics, 40 (4): 655-660.

Election Timing; Joint Elections

Election Timing

Election Day

“Uniform” dates on which general elections are to be held in Texas are:

  1. the first Saturday in May in an odd year
  2. the first Saturday in May in an even year (for non-county elections)
  3. the first Tuesday after the first Monday in November (in even-numbered years: for all state and county general elections)

Exceptions to these dates are outlined in state law, including runoff and emergency elections.

Texas policy sources: Tex. Elec. §41.001; §41.002; §41.005

Primary election dates in Texas are:

  1. General primary election date: first Tuesday in March in even years
  2. Runoff primary election: fourth Tuesday in May in even years
  3. Presidential primary election: first Tuesday in March in presidential election years

No non-primary election can be conducted on any of these dates.

Texas policy source: Tex. Elec. §41.007


Early Voting

Early voting periods for elections in Texas are as follows:

Uniform May election dates, and resulting run-off elections
Early voting begins on the 12th day prior to the election date and ends 4 days before the election.

Other runoff elections
Early voting begins the on 10th day before Election Day and ends 4 days before the election.

Uniform November election date; other elections
Early voting begins 17 days before the election and ends 4 days before the election.

If day 17 is on a weekend – as is always the case for the uniform November election date – then the early voting period begins on the next regular business day. Accordingly, the November early voting period begins on the 15th day before the election.

Texas policy source: Tex. Elec. §85.001


Joint Elections

Two or more overlapping political subdivisions may enter into a “joint election agreement,” establishing shared polling places for elections held on the same day. Guidelines differ based on the date when the election will be held, as follows:

Uniform November election date
Election Day: All political subdivisions that overlap with a county must use the county’s polling locations on Election Day, regardless of whether a joint election agreement exists.

Early voting: If a county and a political subdivision enter into a joint election agreement to share Election Day polling locations, they also may agree to jointly conduct early voting. If they do not enter into a joint early voting agreement, the county and political subdivision must share at least one main early voting location.

Uniform May election date, even year
Election Day and early voting: An overlapping political subdivision is not required to use the county’s voting locations.

Uniform May election date, odd year
Election Day: All political subdivisions that overlap with a county must use the county’s polling locations on Election Day, regardless of whether a joint election agreement exists.

Exceptions can be made to this joint location requirement, if the political subdivision:

  1. Does not hold early voting at a “branch” location; or
  2. Holds at least 75% of its “branch” early voting locations open for the same days and hours as its main early voting location, and holds all other early voting locations open for 8 hours on at least 2 consecutive days. (See “Early Voting” locations section below.)

Early voting: If a county and a political subdivision enter into a joint election agreement to share Election Day polling locations, they also may agree to jointly conduct early voting. If they do not enter into a joint early voting agreement, the county and political subdivision must share at least one main early voting location.

Texas policy sources: Texas Secretary of State: “Joint Elections and Polling Places FAQs;” Texas Secretary of State: “May v. November” (2016); Tex. Elec. §41.001; §42.002; §42.0621; §43.004; §85.010; §271.002-.006

Elections for Independent School District (ISD) trustees must be held as joint elections on a uniform election date. The ISD board of trustees must select one of the following to share joint polling locations with:

  1. A county in which the ISD is located;
  2. The governing body of a municipality located within the ISD;
  3. The governing body of a hospital district (only for ISDs meeting specific criteria); or
  4. The governing body of a hospital district (only for ISDs meeting specific criteria); or

The ISD board of trustees may adjust terms of office as necessary to fit the selected timing.

Texas policy sources: Tex. Educ. §11.0581; Tex. Secretary of State, “Mandatory ISD Joint Elections FAQ”


In 2015, the Texas Legislature passed HB 2027, a bill that sought to reduce voter confusion around polling locations for each of the multiple subdivisions in which they might reside. According to the House Research Organization analysis of the bill, the bill sought to end voters having to vote at multiple polling locations for different positions in the same election, and to prevent a practice called “rolling voting,” in which local subdivisions moved voting machines to multiple different temporary locations during a single election period.

HB2027 also eliminated a clause that exempted subdivisions in Harris County from joint elections. Currently, Harris County holds joint elections with many municipalities, school districts, and municipal utility districts within the county: e.g., with the City of Houston and HISD Trustee elections on the odd-year uniform November dates; and with subdivisions such as the City of Pasadena on the uniform May dates in odd years.

Specifically regarding elections of school board trustees, we see different ISDs within Harris County partnering with different bodies for joint elections. HISD currently holds its elections jointly with Harris County, while other county ISDs such as Pasadena ISD, Galena Park ISD, Deer Park ISD, and LaPorte ISD instead holding joint elections with San Jacinto College District.

Despite the intent of the 2015 law, anecdotal reports from the City of Pasadena suggest that varied joint election processes may still leave voters needing to report to multiple polling places to vote on a single election day.

References

1) Agreement between Harris County and the Woodlands Township, Relating to Joint Elections to be Held November 8, 2016. n.d. The State of Texas: County of Harris. Retrieved from http://destinyhosted.com/woodldocs/2017/BODREG/20170726_452/2072_Entity%20Contracts.pdf

2) Fischer, A. Nov-Dec 2016. “May v. November: 28th Election Law Seminar for Cities, Schools and Other Political Subdivisions.” Texas Secretary of State Elections Division. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=2ahUKEwis3KCR5ojfAhUKRK0KHRtCCNEQFjADegQICBAC&url=https%3A%2F%2Fwww.sos.state.tx.us%2Felections%2F%2Fforms%2Fseminar%2F2016%2F28th%2Fmay-november-2016.ppsx&usg=AOvVaw0RCQGWtVL9MXxmX0wkFXc

3) Jackson, M. 20 Aug 2018. Missouri City, Texas City Secretary. Retrieved from https://www.cclerk.hctx.net/applications/websearch/ViewECdocs.aspx?ID=MKgjVisne8C5L9+eFQxgnonqgaeSx+k8a279v/oTNjlyKxvLEbtiRv+zNY+p1abQfWQXnfDLrrQpmszZgEIuptMlCbxWaqoxJzsfBI5xVtpkmMYkc5NM7IrkoVXZSMoI

4) House Research Organization Bill Analysis. 22 April 2015. “H.B. 2027.”Texas State Government. Retrieved from https://lrl.texas.gov/scanned/hroBillAnalyses/84-0/HB2027.PDF

5) Mandatory ISD Joint Elections FAQ. n.d. Texas Secretary of State. Retrieved from https://www.sos.state.tx.us/elections/laws/isd-joint-elections.shtml

6) Canvass and Accept Official Results of November 8, 2016, Special Election for Trustee District VII. 18 Nov 2016) Office of the Board of Education. Retrieved from https://www.houstonisd.org/site/handlers/filedownload.ashx?moduleinstanceid=109240&dataid=188706&FileName=111816%20Supporting%20Documents.pdf

7) San Jacinto College District Board Workshop: Minutes. 30 Jan 2017. San Jacinto College District Board. Retrieved from https://www.sanjac.edu/sites/default/files/BoardMinutesJanuary2017workshop.pdf

Polling Locations

To protect voting rights for minority voters, the selection and availability of voting locations must not place a disparate burden on racial and language minority voters.

From 1975 until the U.S. Supreme Court’s Shelby v. Holder ruling in 2013, the VRA required Texas to receive preclearance from the U.S. DOJ before adopting any new law impacting voting rights, including laws related to voting locations. This preclearance requirement is no longer in effect.

Federal policy source: Voting Rights Act (VRA; 1965)


Election Day

In a county the size of Harris County, a county election precinct must have between 100-5,000 registered voters. Precincts can be consolidated only for special and primary elections, if the polling location will “adequately serve the voters of the consolidated precinct.”

Texas policy sources: Tex. Elec. §42.002; §42.0051; §42.006

Each separate political subdivision authorized to hold elections may designate its own polling locations, unless state law requires it to use county election precincts. (See “Joint Elections” above.)

One polling location is required within each election precinct. In a county larger than 175,000 residents, a voter cannot be required to travel more than 25 miles from their residence to get to the polling location.

Polling locations must be placed inside buildings, and, where practical, inside a public building. Each polling location must meet specific physical accessibility criteria for use by the elderly and persons with physical disabilities.

General and special election locations are to be recommended by the county clerk and designated by the county commissioners’ court. Political party chairs identify primary election locations; when precincts are consolidated, primary locations are to be determined by the party executive committees.

Texas policy sources: Tex. Elec. §43.001-.004; §43.031; §43.034

The county clerk must provide notice of a polling location change for any general or special election ordered by the governor or county judge. Notice is required by the first of: 24 hours after the location change, or 72 hours prior to the opening of polls on Election Day.

The clerk must provide notice of the new location at the precinct polling place used in the prior election, if possible. In addition, the clerk must either:

  1. Provide notice to the public of the location change via the county election website, or
  2. Notify each candidate on the ballot (or, for a position representing multiple counties: the county chair; for an independent candidate: the county judge).

Texas policy source: Tex. Elec. §43.061-.062

Since 2005, Texas counties have been able to apply to replace precinct-specific polling locations with countywide polling locations for general and special elections, elections of political subdivisions within the county, and primary elections when both county parties agree to do so.

Before the Secretary of State will consider approving a county for this program, the county must hold a public hearing and provide public comments to the Secretary of State. In addition, the county must have appropriate technological capacities and a computerized voter registration list.

Approved counties must develop a methodology for identifying polling locations and a plan for notifying voters of any location changes. Counties must seek input from individuals/ organizations who represent minority voters both when selecting locations and developing the notification plan.

In the first election under this new system, for a larger county, the number of countywide locations must be no fewer than 65% of the precinct-specific locations that would otherwise be located in the county; in subsequent elections, the number of countywide polling places can be no fewer than 50% of the precinct-specific locations that would otherwise have existed.

Texas policy sources: Tex. Elec. §43.007; Texas Secretary of State: “Counties Approved to Use the Countywide Polling Place Program (CWPP) for the November 6, 2018 General Election”


Early Voting

Counties identify a main early voting location and “branch” early voting locations. Branch voting locations may be either in permanent or movable structures, but must remain in one fixed location during the full early voting period.

In a county of at least 400,000 residents, like Harris County, a minimum of one branch early voting location must be located in each state representative’s district within the county, except where a specific exception is outlined in statute. A county may locate no more than twice as many branch early voting locations in one county commissioner’s precinct than in another county commissioner’s precinct.

Texas policy sources: Tex. Elec. §85.002; §85.005; §85.062

In a select group of counties, including Harris County, the commissioners court is permitted to limit voting at branch early voting locations to voters only within specified state representative districts.

Texas policy source: Tex. Elec. §85.066


Concerns exist that without VRA preclearance, polling location changes and closures may disadvantage minority voters. The Leadership Conference Education Fund found closures of polling places in half of the Texas counties it analyzed following the Shelby v. Holder ruling. Before the 2016 election, hundreds of polling locations closed in Texas, with closures most prevalent in counties with a history of VRA violations. By the time of that election, Texas had closed more polling locations post-Shelby (at least 403) than any other state. Some, but not all, of this is attributed to shifts from precinct-based voting locations to countywide locations. Houston-area counties that have been approved for this program include Brazoria, Fort Bend, and Galveston.12

The Texas Advisory Committee to the USCCR has identified polling location concerns that might affect voting. For example, in some cases, polling locations have been located in law enforcement offices, which may discourage some voters from participating. They also identified possible barriers for college students because polling locations are often not accessible or near campuses. In addition, there were reports of Election Day voting locations changing at the last minute in predominantly black precincts in the Houston area during the 2016 general election.

The total number of polling places has not increased with Harris County’s steadily growing population.13 As Figure 17 indicates, the county had 25 fewer polling locations in the November 2016 election. At 786, this was only slightly more than the number of polling locations in the 2010 midterm election (772). In the 2018 primary elections, there were 402 polling places for Republicans and 400 for Democrats, however for the primary runoff, these numbers fell to 78 and 85 respectively.

Source: 2010 Election Day Survey, 2014 & 2016 Election Administration and Voting Survey (U.S. Election Assistance Commission).

When it comes to early voting, the number of locations remained constant at 46 sites during both the November 2016 and November 2018 elections. This reflects an increase from 41 sites in the November 2010 elections. A key issue that emerges with regard to early voting sites is their location. Figure 18 shows the location of early voting sites in Harris County during the November 2018 general election.

Figure 18: Location of Early Voting Sites in Harris County, November 2018 Elections

January Advisors found that on average, Harris County residents lived 0.76 miles away from a 2018 early voting location, with less than one-third (30%) of residents living more than one mile away from a 2018 early voting location. The organization’s analysis found little evidence that a community’s racial and ethnic composition was correlated with its distance from an early voting location.

However, conversations with community leaders suggested concerns that some early voting site locations change from one election to another, potentially having adverse effects on some voters’ ability to cast their ballots. For example, if new locations are not accessible by public transportation (or involve unfamiliar routes for transit riders), some voters may be unable to get to them.

Disaster Impact on Voting Locations

Approximately 5% of Harris County polling locations were affected by Hurricane Harvey in 2017. As a result, Harris County consolidated 35 polling locations for the Nov. 2017 election, reducing the number of polling locations in the county. Voters were specifically encouraged by county leaders to vote early to avoid polling place confusion.

12 In February 2019, the Harris County Clerk’s office submitted an application to the Texas Secretary of State requesting participation in the Countywide Polling Place Program; the application was accepted in March 2019.

13 This includes physical polling places in operation on Election Day and those in operation before Election Day (such as early vote centers)

References

1) Wierzbicki, A. 20 Jun 2017. “Nonprofit Reports on Texas’s Problem with Barriers to Voting.” Nonprofit Quarterly. Retrieved from https://nonprofitquarterly.org/2017/06/20/nonprofit-reports-texass-problem-barriers-voting/

2) Report to the 85th Legislature Under Section 43.0007(j), Texas Election Code Relating to the Countywide Polling Place Program. n.d. Texas Secretary of State. Retrieved from https://www.sos.texas.gov/elections/laws/report-85th-bill.shtml

3) Vasilogambros, M. 7 Mar 2018. “Voter Frustration in the First Primary of 2018.” Pew Research. Retrieved from https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2018/03/07/voter-frustrations-in-the-first-primary-of-2018

4) Texas Secretary of State Elections Division. 2015. Branch Early Voting. Retrieved from http://www.sos.state.tx.us/elections/forms/seminar/2015/33rd/branch-early-voting.ppsx

5) The Great Poll Closure. Nov 2016. The Leadership Conference Education Fund. Retrieved from http://civilrightsdocs.info/pdf/reports/2016/poll-closure-report-web.pdf

6) Lutz Mejia, E. 4 Nov 2016. “Report: Texas has closed most polling places since court ruling.” The Texas Tribune. Retrieved from https://www.texastribune.org/2016/11/04/report-texas-holds-highest-number-polling-place-cl/

7) Baddour, D. 24 May 2016. “Confusion every time: election polling locations explained.” Houston Chronicle. Retrieved from https://www.houstonchronicle.com/local/explainer/article/Confusion-every-time-election- polling-locations-7942412.php

8) Early Voting Locations. 6 Nov 2018. Dallas County Votes. Retrieved from https://www.dallascountyvotes.org/wp-content/uploads/181106_EVLocations.pdf

9) Early voting in Harris County: What you need to know. (24 Oct 2016). ABC 13. Retrieved from https://abc13.com/politics/record-early-voter-turnout-expected-in-harris-co-/1566132/

10) Early voting for midterm election starts Monday in Harris County. 20 Oct. 2014. Click2Houston. https://www.click2houston.com/community/early-voting-for-midterm-election-starts-monday-in-harris-county

11) Nile Dixon. 2018. “Analyzing the distribution of Harris County early voting locations.” January Advisors. https://www.januaryadvisors.com/analyzing-the-distribution-of-harris-county-early-voting-locations/


Disaster Impact on Voting Locations

Approximately 5% of Harris County polling locations were affected by Hurricane Harvey in 2017. As a result, Harris County consolidated 35 polling locations for the Nov. 2017 election, reducing the number of polling locations in the county. Voters were specifically encouraged by county leaders to vote early to avoid polling place confusion.

References

1) Less Harris County polling locations available for Nov. 7. 4 Oct 2017. FOX 26. Retrieved from http://www.fox26houston.com/news/less-harris-county-polling-locations-available-for-nov-7

2) Flynn, M. 5 Oct 2017. “Harvey Flooding Messed Up Various Polling Locations Across Harris County.” Houston Press. Retrieved from https://www.houstonpress.com/news/35-polling-locations-affected-by-harvey-flooding-9848488

Election Hours

Election Day

Polls open at 7 a.m. and close at 7 p.m.

A voter who is inside the polling location or in line at 7 p.m. is permitted to vote. Election judges can take precautions they deem necessary to ensure that individuals not entitled to vote after the polls close do not do so.

Texas policy source: Tex. Elec. §41.031-.032


Early Voting

In a county of at least 100,000 residents, like Harris County, main and branch early voting locations in a state/county election must be open for:

  • During the first part of early voting: at least 8 hours per weekday
  • During the last week of early voting: at least 12 hours per weekday
  • The last Saturday of early voting: at least 12 hours
  • The last Sunday of early voting: at least 5 hours

For a city election with an early voting period of at least six weekdays, early voting should be held for at least 12 hours on two separate weekdays.

Texas policy sources: Tex. Elec. §85.005-.006; §85.063-.064;

The early voting clerk must post notice of election locations, dates and hours no later than 5 days before the early voting period, locating this notice on a bulletin board where public meetings are announced and on the websites of the subdivision and Secretary of State. Copies of the schedule are to be provided to the public as requested. Specific notice of weekend hours must be posted continuously for at least 72 hours prior to the start of weekend voting.

Texas policy sources: Tex. Elec. §85.007; §85.067-.068

State law requires the county clerk to open early voting locations for at least 8 hours per weekday during the first five days of early voting. While Harris County locations were open for 10 hours (from 8-6) on each of these days during the 2016 Presidential election, they were open for a shorter period of time, 8.5 hours (from 8-4:30), during the 2018 midterm elections.

A Houston Chronicle article compared the early voting hours of each of the 15 Texas counties with the largest numbers of registered voters. During the 2018 midterm early voting period, Harris County closed its polls earlier than all 14 of the counties it was compared to. In Dallas, for example, early voting was open from 7-7 on all weekdays during the early voting period.

Harris County early voting locations were open for exactly the minimum required number of hours on all other days (12 hours per weekday in the final week of early voting during the 2018 midterms, 12 hours on the last Saturday, and 5 hours on the last Sunday).14

It is also worth noting that not all polling locations have been ready to open on time in previous elections. In the 2018 midterm elections, for example, the Houston Chronicle reports that 18 polling locations were either not open or only partially open at 7 a.m. on Election Day, subsequently resulting in a judge ordering the county to keep nine locations open one hour later, until 8 p.m.

14 Following completion of this report, Harris County held a special election and runoff election in January-February 2019. Weekday voting hours were held from 7 am – 7 pm for a total of 12 hours during each day of each early voting period.

References

1) Scherer, J. 23 Oct 2018. “Harris County continues early voting surge despite limited polling hours.” Houston Chronicle. Retrieved from https://www.chron.com/news/houston-texas/houston/article/Harris-County-continues-early-voting-surge-13331159.php

2) Ura, A. 6 Nov. 2018. “Judge orders Harris County to keep some polling locations open an extra hour.” Retrieved from https://www.texastribune.org/2018/11/06/election-day-texas-midterms-delays-technicals-difficulties/

Wait Times and Staffing at Polls

Wait Times

Waiting to vote on and before Election Day has become the subject of national attention and concern, with long lines and waiting times to vote the target of critical news reports over the past three presidential elections.

On Election Day 2012, more than 5 million U.S. voters waited in lines at polls for over an hour. An additional 5 million voters waited in lines to vote between half an hour and one hour. Long wait lines on Election Day are most common during Presidential elections, although long lines seem to be centered on a small percentage of polling locations. On average, across the U.S., wait times were higher during early voting than on Election Day 2012. Anecdotal reports suggest that long lines have been experienced by some Harris County voters in recent elections, including the 2016 Presidential election and the 2018 primaries. For example, some Harris County voters waited in line for more than one hour during the 2018 primary, according to the Texas Election Protection Coalition. The Presidential Commission on Election Administration in 2014 recommended that voters should not be in line for more than half an hour.

No federal or state laws appear to explicitly speak to wait times at the polls; however the Voting Rights Act would apply if long wait lines are disproportionately present in polling locations serving minority voters. In addition, state and county election administration policies shape a range of factors that can contribute to long wait times at polls, such as ballot length and the number of voters, machines, and poll workers at each voting location. Long lines can result in inconvenience and cost to voters, and may discourage voters from ultimately voting.

A recent study by Stewart et al. (2018) examined wait times and other polling place practices in 23 election jurisdictions across the U.S. The study employed a team of researchers recruited from local colleges and universities and had them observe and time voters as they entered the queue at their respective polling places to vote in the 2016 presidential election. This study provides data on four specific polling place operations and practices:

  1. the number of voters reneging (leaving the check-in line once they have joined it);
  2. the length of the check-in line;
  3. the time for a voter to check in to vote (i.e., verify voter’s identification and obtain a ballot); and
  4. the time to complete a ballot.

Data in Table 7 provide summary statistics for each of these indicators comparing in-person early voting to in-person Election Day voting in Harris County and for the larger sample of 23 election jurisdictions across 18 states. While lines are about twice as long on average at early voting polling locations in Harris County (6 versus 3 voters), average wait times were about 30 seconds shorter. This is likely due to a larger number of poll workers in early voting sites. Shorter wait times at early voting locations also appear to discourage voters from leaving the line. However, when it comes to completing the ballot, on average, voters take less time (about 20 seconds) to vote on Election Day compared to when they vote early.

Table 7: Mean measures of polling place practices and operations: 2016

Harris County Early Voting

Obs Mean Dev Min Max
Reneging 172 0.31 0.64 0 3
Number in line 160 5.98 7.77 1 3
Check in time* 122 69.49 37.49 23 321
Time to vote* 119 252.97 122.23 64 681

Harris County Election Day

Obs Mean Dev Min Max
Reneging 313 0.53 1.15 0 11
Number in line 376 3.03 3.24 1 30
Check in time* 333 105.01 69.68 10 485
Time to vote* 327 230.95 134.48 21 928

Full Study Sample Results

Obs Mean Dev Min Max
Reneging 8,159 11.0 30.8 1 447
Number in line 9,393 15.1 11.7 0 169
Check in time* 8,700 89.8 80.0 1 600
Time to vote* 8,457 264.5 216.4 1 2,845

Source: Stewart et al. (2018). *Time reported in seconds

While there is variation in polling place practices and operations across the 23 jurisdictions included in Stewart’s study, the differences do not paint a clear story of whether Harris County is doing significantly better or worse than other jurisdictions. For example, the average number of voters in line for the full sample was higher, at about 11, but the average wait time was 90 seconds. In addition, fewer voters left lines in the larger sample (0.23), but the average time to vote (265 seconds) was slightly higher than either early or in person voting in Harris County. In general, the reduction in polling locations in Harris County, along with an increase in population, likely means that some voters are traveling further to the polls and encountering longer wait times.

References

1) Wierzbicki, A. 20 Jun 2017. “Nonprofit Reports on Texas’s Problem with Barriers to Voting.” Nonprofit Quarterly. Retrieved from https://nonprofitquarterly.org/2017/06/20/nonprofit-reports-texass-problem-barriers-voting/

2) Peter, J. 4 Feb 2013. “Waiting Times at Ballot Boxes Draw Scrutiny.” New York Times. Retrieved from https://www.nytimes.com/2013/02/05/us/politics/waiting-times-to-vote- at-polls-draw-crutiny.html

3) Early Voters in Texas Find Long Lines, Confused Poll Workers. 25 Oct 2016. ProPublica. Retrieved from https://projects.propublica.org/electionland/texas/some-texas-early-voters-find-long-lines-confused-poll-workers/

4) Vasilogambros, M. 7 Mar 2018. “Voter Frustration in the First Primary of 2018.” Pew Research. Retrieved from https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2018/03/07/voter-frustrations-in-the-first-primary-of-2018

5) The American Voting Experience: Report and Recommendations of the Presidential Commission on Election Administration. Jan 2014. Presidential Commission on Election Administration. Retrieved from https://www.eac.gov/assets/1/6/Amer-Voting-Exper-final-draft-01-09-14-508.pdf

6) Fortier, J. et al. April 2018. “Improving the Voter Experience: Reducing Polling Place Wait Times by Measuring Lines and Managing Polling Place Resources.” Bipartisan Policy Center. Retrieved from https://bipartisanpolicy.org/wp-content/uploads/2018/04/Improving-The-Voter-Experience-Reducing-Polling-Place-Wait-Times-by-Measuring-Lines-and-Managing-Polling-Place-Resources.pdf

7) Samuels, A. and Jim Malewitz. 8 Nov 2016. “Problems at the polls: Some Texas voters see long waits, machine glitches.” Texas Tribune. Retrieved from https://www.texastribune.org/2016/11/08/voting-issues-texas/

8) Stewart III, C. 2016. “2016 Survey of the Performace of American Elections: Final Report.” MIT. Retrieved from https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&ved=2ahUKEwjPyNaR35TfAhVBOK0KHSlcBYYQFjAEegQIBRAC&url=http%3A%2F%2Fwww.legendsvote.org%2F%3Fsmd_process_download%3D1%26download_id%3D7215&usg=AOvVaw361DGn7qKCFw9HjEZnK_A8


Poll Workers

The commissioners court, on the recommendation of the county clerk, appoints a presiding judge and alternate for each county-based election precinct. The judge and alternate must be aligned with different political parties. Where possible, the judges should be qualified voters in the precinct.

Texas policy source: Tex. Elec. §32.001-.002

Each precinct’s presiding judge appoints election clerks to assist in conducting a specific election. The judge should appoint at least two clerks, up to a maximum number of clerks set by the local subdivision holding the election. The judge is expected to try to select clerks from different political parties for state and county elections.

To serve as a clerk, an individual must be a qualified voter in the county or political subdivision holding the election, and cannot hold or be a candidate for elective office. A close relative, employee, campaign manager, or treasurer of a candidate cannot serve as a clerk, nor can an individual previously convicted of an election offense.

Texas policy sources: Tex. Elec. §32.031; §32.033-.034; §32.051; §32.052-.0552

In all precincts in a county with 5% or more residents of Hispanic origin, unless exempted, “reasonable” efforts must be made to appoint clerks fluent in both English and Spanish. (See “Access to Voting for Diverse Populations” above.)

Texas policy sources: Tex. Elec. §272.009; Texas Secretary of State, Election Advisory No. 2018-28: “Minority Language Requirements”

Election judges and precinct clerks must take an Oath of Election Officers and an Oath of Assistance, swearing that they will not seek to persuade any voter nor suggest how any voter should vote.

Texas policy sources: Texas Attorney General Opinion KP-0140 (2017); Texas Secretary of State, “Qualifying Voters on Election Day: Handbook for Election Judges and Clerks.” (2018)


One way to investigate the possibility of increasing waiting times is to examine staffing at polling locations. Local jurisdictions face increasing challenges in recruiting poll workers; according to a 2016 EAC survey, two-thirds of jurisdictions in the U.S. faced difficulties in doing so.

In Figure 19 we look at the average number of poll workers per polling place. The data indicate that on average, there were about two additional workers at each Harris County polling place in 2016 compared to 2014 and about one additional worker compared to 2012. Increases in the average number of poll workers per location were also recorded in Texas and for the U.S. overall, however, these increases were less substantial than within Harris County.

Source: 2010 Election Day Survey, 2014 & 2016 Election Administration and Voting Survey (U.S. Election Assistance Commission).

References

1) Texas Secretary of State. 2018. “Qualifying Voters on Election Day: Handbook for Election Judges and Clerks.” Retrieved from https://www.sos.state.tx.us/elections/forms/election_judges_handbook.pdf

2) Vasilogambros, M. 22 Oct 2018. “Few People Want to be Poll Workers, and That’s a Problem.” Huffington Post. Retrieved from https://www.huffingtonpost.com/entry/few-people-want-to-be-poll-workers-and-thats-a-problem_us_5bce33c5e4b0b7cd198dbc17

Transportation to the Polls

While an increasing number of cities and counties offer free public transportation to the polls on election day, in most cases these gestures are not mandated by law. That is the case in Houston where, while no ordinance or state law requires Houston’s METRO system to offer free transportation to voters on Election Day, METRO has nevertheless done so during general elections since 1992. While in prior years METRO required voters in Houston to show a voter ID or registration card in order to get a free ride to the polls, in recent years voters have only needed to let the bus operator or fare inspector know that they are headed to the polls or returning from the polls in order to ride for free.

In contrast, Minnesota passed a statewide law in 2013 requiring its cities to provide free public transit on national election days. Prior to Minnesota’s law, only a handful of major U.S. cities—including Dallas, Houston, and Tampa—offered complimentary transit on election day.

Since in-person voting requires time and often money for travel, the expectation is that eliminating transit costs should lead to higher turnout, particularly among lower-income residents. However, according to data provided by urban transportation networks, free transit services appear to have a negligible influence on the number of voters that turn out to the polls. For example, in Houston, ridership during voting periods generally increases by a mere one percent. Dallas’s public transportation network—DART—also has provided free transit to voters for over three decades. Though no official studies on the effects of DART’s ridership program had been conducted, anecdotal evidence suggests that any increase in ridership on election day has been minimal, if at all.

Survey evidence suggests that transportation is not among the top reasons non-voters give for their non-voting. Yet, while 60 percent of Texas respondents in the 2016 Survey of the Performance of American Elections said transportation problems were not a major factor in their decision to not vote, a substantial percentage did identify transportation problems as a factor. Seventeen percent of Texas respondents said transportation problems were a major factor and 23 percent said transportation problems were somewhat of a factor in their non-voting.

References

1) Sturgis, S. 3 Nov 2014. “Could Free Public Transit Get Americans to Voting Booths?” City Lab. Retrieved from https://www.citylab.com/transportation/2014/11/will-free-public-transit-get-americans-to-voting-booths/382199/

2) Delaughter, G. 26 Oct 2018. “Here’s How to Get a Free Ride to the Polls on Election Day.” Houston Public Media. Retrieved from https://www.houstonpublicmedia.org/articles/news/2018/10/26/309483/how-to-get-to-the-polls-for-free-on-election-day/

3) Stewart III, C. 2016. “2016 Survey of the Performance of American Elections: Final Report.” MIT. Retrieved from http://www.legendsvote.org/?smd_process_download=1&download_id=7215

Observing Elections

Federal observers are permitted to monitor elections in states or jurisdictions where concerns exist about compliance with federal anti-discrimination laws.

Federal policy source: Voting Rights Act (1965)

A candidate, political party, or side of a ballot measure may appoint up to two poll watchers per precinct polling place and no more than seven watchers per early voting polling location (up to two may serve at a time) in order to observe the conduct of an election.

Poll watchers must be registered to vote within the local jurisdiction (but not precinct) in which they serve. Individuals who are employers, employees, or close relatives of an election officer, who are currently holding elective office, who are seeking elective office on Election Day, or who have been convicted of an election-related offense are ineligible.

Texas policy sources: Tex. Elec. §33.001-.007; §33.031-.035; Tex. Secretary of State, Poll Watchers Guide

Poll watchers may observe election-related activities at their specified polling location. They may observe at an individual voting station only when an election officer is assisting the voter at the station. In such situations, the poll watcher may examine the ballot before it is officially cast to determine whether it was prepared according to the voter’s wishes.

A poll watcher may not communicate with voters or election officers, except to report an occurrence believed to be in violation of the law. Poll watchers may not have on them a device that can record images or sound, unless the device is disabled or deactivated.

Texas policy sources: Tex. Elec. §33.051; §33.057-.058

Bystanders who are not specifically permitted by the Election Code to be in a polling place are prohibited from doing so. This includes candidates, other than for voting or for official business in the building where voting is taking place.

Texas policy source: Tex. Elec. §61.001


After Shelby v. Holder, the use of federal election observers has declined; in 2016, no federal observers were deployed to Texas.

On the state level, a range of types of election observers exist across states, with differing laws regarding purpose, eligibility, authority, etc. These may include partisan citizen observers, nonpartisan citizen observers, and international nonpartisan observers. Texas allows partisan poll watchers, but does not permit nonpartisan observers at its polling locations.

Partisan poll watchers in Texas must be registered voters in the specific local jurisdiction of the polling place they are observing. Florida has a similar law; in contrast, states like Illinois permit partisan poll watchers who are registered in the appropriate state, but not in the specific local jurisdiction.

State laws vary as to the rights of election observers to challenge a voter’s qualifications. Until its repeal in 2003, a 160-year old Texas law permitted private citizens to challenge the qualifications of a potential voter at the polls; if a voter was challenged, the voter would have to provide a witness who would swear that the individual was qualified to vote. By 2012, Texas was one of just 11 states that does not allow private citizens to challenge voters at Election Day polling locations. States permitting challenges vary in the extent to which they seek to minimize frivolous challenges to voters; for example, while Florida law places criminal penalties on those making frivolous challenges, Pennsylvania applies no criminal penalties for frivolously challenging a voter.

According to the National Council of State Legislatures (NCSL), nine states and Washington D.C. explicitly permit nonpartisan citizens to observe election processes. Nine states allow members of the public generally – including, but not limited to, formal nonpartisan citizen observers – to observe the conduct of an election on Election Day. There are an additional 16 states that do not explicitly address nonpartisan citizen observers in state law, but allow them in practice. While many states permit international nonpartisan observers, either via statute or in practice, Texas Gov. Greg Abbott wrote a 2012 letter threatening to arrest any international election observer who entered within 100 feet of the entrance of a polling location in the state.

While Texas appears to place more limits on who can observe an election than many other states, Harris County has experienced reports of voter intimidation from poll watchers over the past decade. During the 2010 midterm elections, for example, the DOJ sent personnel to monitor potential intimidation and discrimination against voters on the part of poll watchers.

References

1) Underhill, W. 17 Aug 2016. “Poll Watcher Qualifications.” National Conference for State Legislatures. Retrieved from http://www.ncsl.org/research/elections-and-campaigns/poll-watcher-qualifications.aspx#Intro

2) Malewitz, J. 21 Oct 2016. “Texplainer: What are the rules for poll watchers?” Texas Tribune. Retrieved from https://www.texastribune.org/2016/10/21/what-are-rules-poll-watchers-texplainer/

3) Vladeck, S. 29 Oct 2016. “What are poll watchers and what are they allowed to do?” CNN. Retrieved from https://www.cnn.com/2016/10/29/politics/poll-watchers-monitors/index.html

4) Rapoport, A. 29 Oct 2010. “Voter Intimidation in Houston? The View from Acres Homes.” Texas Observer. Retrieved from https://www.texasobserver.org/inside-one-harris-county-polling-station/

5) Policies for Election Observers. 12 Oct 2016. National Conference for State Legislatures. Retrieved from http://www.ncsl.org/research/elections-and-campaigns/policies-for-election-observers.aspx#map

6) Rapoport, A. 1 Nov 2010. “The Battle of Harris County.” Texas Observer. Retrieved from https://www.texasobserver.org/the-battle-of-harris-county/

7) McGreal, C. 24 Oct 2012. “Texas attorney general threatens to arrest monitors observing US election.” The Guardian. Retrieved from https://www.theguardian.com/world/2012/oct/24/texas-attorney-general-arrest-election-monitors

8) Poll Watcher’s Guide. Jan 2018. Secretary of State Elections Division. Retrieved from https://www.sos.state.tx.us/elections/forms/pollwatchers-2018.pdf

Activities around Polling Locations

Voter ID Requirements

Electioneering – expressing preference for a candidate, party, or ballot measure – is prohibited within 100 feet of a polling location, as is gathering petition signatures. While electioneering is not prohibited outside of 100 feet, the entity owning the building where voting is taking place can introduce restrictions.

It is a Class B misdemeanor to indicate within a polling location “by word, sign, or gesture” whether or how a voter should vote.

Texas policy sources: Tex. Elec. §61.003; §61.008; §81.002; §85.036 Secretary of State, Election Advisory 2018-33

Only peace officers and, in some cases, presiding judges are permitted to bring a firearm to a voting location on Election Day and during early voting.

Wireless communication devices and devices that record sound or images are not permitted within 100 feet of a voting station; this includes cell phones, cameras, computers, and sound recorders, and applies to both voters and poll watchers. Voters are permitted to bring written materials with them to voting stations.

Individuals may not wear badges, insignia, emblems, etc. relating to a candidate, party, or ballot measure inside the polling place or within 100 feet of the door(s) of the polling location.

Sound amplification devices are not permitted within 1,000 feet of the polling place.

A poll watcher may not communicate with voters or election officers, except to report an occurrence believed to be in violation of the law. Poll watchers may not have on them a device that can record images or sound, unless the device is disabled or deactivated.

Texas policy sources: Secretary of State, Election Advisory 2018-29; 2018-33; Tex. Penal §46.03; Tex. Elec. §61. 004; §61.010; §61.014; §81.002; §85.036


The extent of electioneering restrictions near voting locations varies from state to state; according to NCSL, different states limit signs from 25-300 feet away from polling locations. Texas’ 100-foot restriction is comparable to many other states.

Texas was one of at least nine states with a ban on certain political apparel at polling locations as of early 2018. In June 2018, the U.S. Supreme Court struck down a Minnesota law that had strictly banned all political clothing, not solely clothing that advocates for a specific candidate, party, or issue. In the Court’s majority opinion, Chief Justice Roberts specifically positively highlighted laws that, like Texas, ban traditional electioneering apparel, in contrast to a more encompassing law like Minnesota’s.

Despite Texas’ law and the just-prior Supreme Court ruling, the Houston Chronicle reported in October 2018 that the Harris County poll workers had specifically been told not to allow individuals to wear t-shirts or buttons promoting three specific organizations, even though no candidate, party, or issue was indicated on the clothing. Ultimately, the Clerk’s office changed course.

Whether voters should be able to take “selfies” of their ballots has recently been an issue under discussion in many states. When New Hampshire passed a 2014 law directly prohibiting ballot selfies, a federal court ruled this law unconstitutional, in violation of the First Amendment. According to the NCSL, states have since considered how to handle this issue, with a tension emerging between maintaining the secret ballot and the motivations that ballot selfies may provide for engaging young people in voting. Ballot selfies are explicitly permitted in 21 states plus Washington, DC. Texas’ law banning recording of images within 100 feet of a polling station forbids this act when voting in-person.

References

1) Dempsey, M. 25 Oct 2018. “Harris County Clerk’s office singles out three progressive groups for scrutiny at polls.” Houston Chronicle. Retrieved from https://www.chron.com/news/houston-texas/houston/article/Harris-County-Clerk-s- office-singles-out-three-13334106.php

2) Liptak, A. 14 Jun 2018. “Supreme Court Strikes Down Law Barring Political Apparel at Polling Places.” New York Times. Retrieved from https://www.nytimes.com/2018/06/14/us/politics/supreme-court-minnesota-polling-places-politics.html

3) Electioneering: State Statues on Apparel in Polling Places. 28 Feb 2018. National Conference for State Legislatures. Retrieved from http://www.ncsl.org/research/elections-and-campaigns/electioneering.aspx

4) State Laws Prohibiting Electioneering Activities Within a Certain Distance of the Polling Place. Aug 2016. National Association of Secretaries of State. Retrieved from https://www.nass.org/sites/default/files/surveys/2017-10/state-laws-polling-place-electioneering-2016.pdf

5) Ingram, K. 14 Oct 2018. “Election Advisory No. 2018-33.” Texas Secretary of State. Retrieved from https://www.sos.state.tx.us/elections/laws/advisory2018-33.shtml

6) Ingram, K. 21 Sept 2018. “Election Advisory No. 2018-29.” Texas Secretary of State. Retrieved from https://www.sos.state.tx.us/elections/laws/advisory2018-29.shtml

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