1. What does postponing the election date mean for candidate filings?

The postponement does not have an effect on reopening candidate filings.

  1. How does this impact Applications for Ballot by Mail Requests?

All applications for ballot by mail that were filed for the May 2, 2020 election that are marked annual would apply for the November 3, 2020 election.

All single use ballots by mail that were submitted for reasons of age of disability would still be valid for the November 3, 2020 election.

If a single use ballot by mail was submitted due to absence from the county, this would not be valid as the election date has changed.  The Secretary of State recommends sending a letter to these voters along with a new ballot by mail applications.

  1. What to do if your ballots are already printed?

If you have already printed ballots, you can reuse them for November.  However, if you must change your ballot to reflect any corrections or changes that occur between now and November, those ballots should be destroyed in accordance with Texas Election Code Section 52.0064.

  1. Do you have to use County Election Precincts for the November 2020 election date?

For all elections in November of 2020, county election precincts are required.  Please work with your local county election officer to determine what changes need to be made.  All county election officers are required to contact your local political subdivisions and request a contact for election services or a joint election agreement with their county election officer.

  1. What happens to individuals who currently hold public offices that are scheduled to be on the ballot in May?

The individuals who currently hold public offices and are scheduled to be on the ballot in May will continue to exercise the duties of those offices until the new officers take their oath after the November election.

  1. What happens with candidates that are on the ballot for both May and November?

This individual can stay on two ballots in November as they are for different elections.

  1. How does a governing body move their election to November?

The governing body has to order the postponement of their elections.  The order needs to contain:

  1. A reference to the proclamation that authorizes the entity to postpone their elections and the fact that the political subdivision is exercising this authority.
  2. Confirmation that the candidate filings for the election will remain valid for the election held in November and that the filing period will not be re-opened based on the new date.
  3. Confirmation that all applications for ballots by mail for voters who are over the age of 65 or suffer from a disability will still be valid for the new election date, and that for voters who submitted based on being out of the county for the May election would not be valid for the new election date.
  4. The important dates for the November election. This should include the voter registration deadline of October 5, 2020, the deadline to submit for an application for ballot by mail by October 23, 2020, and dates for early voting of October 19, 2020 – October 30, 2020.
  1. What are the necessary revisions that need to be completed for the postponed election?

 The governing body is recommended to make the following revisions to the original order of elections:

  1. The change to the date of the election.
  2. Any change in location for voting locations;
  3. Any changes to early voting dates and hours;
  4. Any changes to the identity of the early voting clerk with contact information; and
  5. Any changes to branch early voting locations.
  1. How should the board meet pursuant to the Open Meetings Act?

 The Governor has suspended certain open meeting requirements due to the pandemic.  This allows for board members to hold telephonic or video-conference meetings that are accessible to the public.  There should be a process for the public to participate and address the board remotely.

  1. What additional steps, if any, should be taken when postponing the election?

The governing body should post the postponement on their website and alert local media regarding the new date.

The entity must also provide notice to their county election officer regarding this change, as the county is required to post the entity’s notice of election on the county’s website no later than the 60th day before the date of the election under Election Code 4.008. If that election date will be changing due to the entity’s decision to postpone the election, then the entity must provide a revised notice to the county for posting on the county’s website.

For any questions, please contact us at:

Mari McGowan
(214) 544 4031
MMcGowan@abernathy-law.com

Chad Timmons
(214) 544 4042
CTimmons@abernathy-law.com

Becca Bradley
(214) 544 4055
RBradley@abernathy-law.com

Sadia Ahmed
(214) 544 4085
SAhmed@abernathy-law.com

This article should not be construed as legal advice related to any specific facts or circumstances. This article is intended to educate readers. It is not to provide advice that will be the basis for action or inaction in any specific circumstance. Viewing these materials does not create an attorney-client relationship between ARBH and the reader or the reader’s institution. For circumstance-specific legal advice, please directly contact a licensed attorney.