FAQ

1. What is provisional voting, and why do we have to do it?

A:  Provisional voting was a requirement of the Help America Vote Act (“HAVA”).  Generally, a voter whose name does not appear on the List of Registered Voters or who does not present one of the acceptable forms of ID or execute a Reasonable Impediment Declaration may vote a provisional ballot.  A provisional ballot is not counted until the voter’s eligibility is verified after the election or the voter cures an ID deficiency.

2. What if my polling place is not accessible to a voter with a disability? Who do I call/notify?

A:  Contact the election authority that hired you if the polling place is not accessible.  All polling places are required by federal and state law to be accessible to voters with disabilities.  For an ADA polling place checklist, please click on Printable Resources of this training curriculum.  Certain impediments are temporary, such as a car parked in front of an accessible curb cut or ramp.  Periodically check the area in and around the polling place throughout the day in order to identify any temporary impediments to voters with disabilities.

3. What should I do if I run out of preprinted paper ballots?

A:  Please keep track of the number of ballots you have during the Election Day.  If the number gets low, contact the election authority that hired you immediately to request additional ballots.  While you wait for the additional ballots, you may need to create “emergency ballots.” You may create emergency ballots by copying the sample ballot/bedsheet and then number and sign each emergency ballot.  Number the ballots by using the first 3-4 digits as the precinct number where the voter is registered and 3-4 more numbers as the second half of the serial number.  Example:  1010001, 1010002, 1010003 etc.

4. What if a voter who does not have a disability wants to use the DRE or accessible voting unit, can they?

A:  Absolutely. The DRE/accessible voting unit should be available to any voter, but priority should be given to a voter with a disability.

5. A candidate has come into the polling place and said that there are seven voters who want to vote from the curbside and the candidate plans to assist them. Is it okay for a candidate to drive people to vote curbside in carpool groups? Does the candidate have to take the Oath of Assistance?

A: If a voter is physically unable to enter the polling place without assistance or likelihood of injury to his or her health, he or she is entitled to vote at the polling place entrance or curb. One election official may deliver a ballot to the voter at curbside.  In this instance, poll watchers and inspectors must be allowed to accompany the election official.  The voter must be qualified by the election official before receiving his or her ballot. If a voter is physically unable to enter the polling place he or she entitled to assistance.  A voter can choose any person (except the voter’s employer, or agent of that employer, or officer or agent of the voter’s union) to assist him or her with voting the ballot. The voter can choose the candidate to assist him or her, but the candidate will need to take the Oath of Assistance each time assistance is rendered to a different person. The candidate, or anyone else, does not have to take the Oath of Assistance just to drive people to the polls, even if he or she is driving a carload, BUT a person who provides transportation to seven or more voters, must complete the Information of Person that Provided Transportation to Seven or More Voters for Curbside Voting form.

6. If a voter’s address on a voter’s driver’s license doesn’t match the address on the Official List of Registered Voters, does that mean the voter has to vote a provisional ballot or complete a Statement of Residence?

A: No. If a voter produces a Texas driver’s license as proof of identification, the address on the driver’s license does not have to match the address on the Official List of Registered Voters. The purpose of the driver’s license is to provide confirmation of identity, not confirmation of residence.  A voter does not have to complete a Statement of Residence unless he or she has moved from the residence listed in the Official List of Registered Voters.

7. Can I give instructions at the booth?

A: You should give voters instructions before the voter leaves the qualifying table, but if a voter requests assistance at a voting booth, you may review instructions at the booth.  If the voter asks you to do more than give instructions about the use and function of the voting equipment, the election worker may assist the voter without taking the Oath of Assistance.

8. What do I do if I run out of forms, or my election supplies are running low?

A: Contact the authority conducting the election for additional supplies.

9. What do I do if a voter is talking loudly on a cell phone in the voting booth?

A: Politely inform the voter that the use of cell phones in the polling place is not allowed, as it is disruptive to voters.

10. What do I do if my election equipment isn’t working?

A: Contact the authority conducting the election immediately.

11. What if a poll watcher is being disruptive? What do I do?

A: A presiding judge of a polling place has the authority of a District Judge on Election Day to enforce order and preserve the peace, including the power to issue an arrest warrant. You may ask the poll watcher to leave. If he or she is being disruptive and does not follow your instruction to leave, call law enforcement to assist you.

12. What do I do if a candidate, that is not voting, nor assisting a voter, keeps coming into the polling place and asking how many voters have voted?

A: A candidate that is not voting, or rendering assistance is not entitled to enter the polling place. Kindly ask the candidate to step outside of the 100 foot distance markers, and remind him or her that you will post that information periodically throughout the day on the Notice of Total Number of Voters Who Have Voted.

13. What happens if a fight breaks out in the polling place?

A: Contact your local law enforcement, or call 911 for assistance.

14. What should I do if a voter says he or she doesn’t need help, but the voter stands in voting booth and appears to struggle with the voting process. In other words, the voter doesn’t know how to use the voting device. Should I approach, or wait until help is requested?

A: There’s not an official time limit in the voting booth, but if the amount of time spent in the voting booth seems extraordinarily long, you may want to approach the voter to ask if assistance on using the voting equipment is needed.

• 15. What if a voter doesn’t understand how to cast the ballot, can I assist by touching the voting device as directed by the voter?

A: You should never touch the voting buttons, unless the voter asks for assistance.  Give verbal directions about the use and function of the voting equipment first.   If the voter still doesn’t understand how to use the equipment and asks for assistance follow the procedure for assisting a voter.

16. Can I give instructions about how to use the voting equipment to a group of voters standing in line, or do I need to do it individually, one on one?

A: Yes, you can give a group of voters standing in line a quick lesson on how to use the voting equipment. You don’t have to do so one on one.  If possible, use an instruction script with pictures or other visual aids.

17. What happens if a voter has cast the ballot, and then says that he or she really meant to vote for someone else? What do I do?

A: Explain to the voter that once the ballot is deposited in the ballot box, a cast ballot cannot be retrieved.  That vote has been cast and it is too late for the voter to change his or her mind. If the voter changes his or her mind after marking the ballot but before casting it, you can use the “spoiled ballot” procedure to eliminate that ballot and issue a new blank one to the voter.

18. How long do I have to stay at the polling place to allow voters to vote if there is a huge line at the close of the polls?

A: Everyone who is in line at 7:00 p.m. when the polls officially close must be allowed to vote.  The polls must stay open until the last voter has cast his or her ballot.  All legally required postings must remain posted and all voting stations must remain open until the final voter leaves the polling place.

19. If we are not finished hand counting at 10:00 p.m., can we just come back and finish the next day?

A: No, you cannot just come back the next day.  Texas law requires continuous counting until all of the votes have been counted. If you are unable to finish the count in time to deliver the precinct election records by 2:00 a.m., you must call the election authority that hired you between 12:00 midnight and 1:00 a.m. to notify the general custodian of election records of the following: Total number of voters who voted as indicated on the Poll List, Vote totals tallied for each candidate or measure at the time of notification, and the expected time that the count will be finished. Even after you have called to say the count is not finished, you must continue to count until you are finished.  The precinct election records shall be delivered not later than 24 hours after the polls close in each election.

20. What happens if the voting equipment all breaks down—can we just close the polling place?

A: No, you can never close down a polling place, unless ordered to do so by a court of law. The polls are open from 7:00 a.m. to 7:00 p.m.  If the equipment breaks down, immediately contact the authority that hired you, and they will give you instructions on how to continue to process voters. Begin emergency ballot preparation procedures, which will vary depending on the voting system being used.  Remain calm, patient, and always keep the lines of communication open to notify the appropriate authorities.

21. What if the Presiding Judge and staff can’t arrive at the polling place in time to open the polls at 7:00 a.m.?

A: By law, the polls are open from 7:00 a.m. to 7:00 p.m. If something happens and you know that you are going to arrive late to your polling place, notify the election authority that hired you immediately.  You should also have the telephone numbers of your fellow election officials working the polls with you and notify them immediately as well.

22. If there is a huge long line of voters, can we just hand out ballots to everyone waiting in line to speed up the process?

A: No. Never hand out ballots to voters waiting in line. Remember, in an election where hand-marked ballots are being used,  a voter is entitled to choose his or her own ballot from the acceptance table.  Never hand a voter a ballot.

23. What should I do if someone takes my distance markers?

A: Contact the authority conducting the election immediately to report the incident and ask that additional distance markers be brought to your polling place.

24. Should assistance be offered to every voter with a disability who comes to vote?

A: The voter will let you know if assistance is needed. Never assume that every person needs, or wants, assistance. As with every voter, make yourself available for assistance, but do not hover.

25. I want to hire a high school student to serve as an Election Day Clerk. Is that allowed?  

A:  There is a program that allows students in good standing who are at least age 16 and not yet 18 to serve as Election Day Clerks.  An application must be completed and signed by the parent and Principal or Home School Supervisor prior to Election Day.  Each precinct may have 2 students serving as Clerks.

26. I am unable to set up my polling place the afternoon/evening prior to Election Day.

A:  At some sites, it will be very difficult to set up the evening before.  If that’s the case at your polling place, see if you can make arrangements to have the polling place opened earlier than 6:00 am on Election Day morning.

27. There are long lines of people waiting to vote. What should be done? 

A:  At certain times of the day, lines of voters are expected.  Please ask voters to be patient while they are waiting.  Hand out Sample/Bedsheet Ballots so that voters are prepared when they get to the Voting Booth.  Have a Clerk walk the line and answer questions.  Look for voters who may have mobility problems that may not be able to stand in line.  The law requires that an election officer shall accept a person with a mobility problem that substantially impairs a person’s ability to ambulate who is offering to vote before accepting others offering to vote at the polling place who arrived before the person.  This requirement is fully explained on the Notice of Voting Order Priority that must be posted in the polling place.