Election Day is less than a week away, and many Americans have a justified worry about the security of our elections this time around. According to a poll by Associated Press-NORC Center for Public Affairs Research, 4 in 10 registered voters say they are “extremely” or “very” concerned about violent attempts to overturn the results after the November election, and 1 in 3 voters say they are “extremely” or “very” concerned about attempts by local or state election officials to stop the results from being finalized. To counter voters’ concerns, public officials and civic organizations are producing resources on topics ranging from protecting your own safety at your polling place to interpreting conflicting reports about election outcomes. Texas Impact has curated some of our favorite resources here. Don’t see what you’re looking for? Email gracie@texasimpact.org and we’ll get it sorted for you!
Know Your Rights at the Polls
You have the right to cast your ballot without fear of intimidation, and without the influence of anyone else. According to information from Texas Attorney General Ken Paxton, Texans have the following rights going into the polls on election day:
- You have the right to vote however you choose. It is a crime for someone to pressure or influence you while you are voting.
- If you have a disability or if you are 65 or older, you have the right to vote by mail-in or absentee ballot or in person at the polling location.
- An elections official will never approach you at your home or outside of your polling place to offer assistance or take your ballot. Do not give your ballot to an individual you do not trust.
- You have the right to vote your ballot by yourself, in secret. Choose someone you trust to help you if you cannot fill out your ballot yourself.
- If you do allow a person to assist you with reading and marking your ballot, you have the right to inspect the ballot for accuracy.
- It is a crime for someone to take your mail ballot from you unless you are physically incapable of mailing your own ballot and you request assistance.
What documentation do you need to vote in Texas? The following are approved forms of photo ID in Texas:
- Texas Driver License issued by the Texas Department of Public Safety (DPS)
- Texas Election Identification Certificate issued by DPS
- Texas Personal Identification Card issued by DPS
- Texas Handgun License issued by DPS
- United States Military Identification Card containing the person’s photograph
- United States Citizenship Certificate containing the person’s photograph
- United States Passport (book or card)
What Happens After the Polls Close?
Once the polls close on Election Day, counties will begin to tabulate the votes and report them to the Texas Secretary of State. The Secretary of State will then update the “Election Night Returns Portal” every five minutes as the numbers are reported. In-person early votes and mail-in ballots cast before election day will be reported on the portal once the polls close at 7:00 pm on November 5th. Mail-in ballots can be postmarked as late as 7:00 pm on Election Day, which gives them until 5:00 pm on November 9th to be received. Mail-in ballots cast by U.S. military members and U.S. citizens voting from overseas can be received by Monday, November 14th.
Additionally, the Texas Secretary of State will perform a post-election audit, which Secretary of State Jane Nelson describes as follows:
“To ensure the accuracy of the tabulation of electronic voting system results, the general custodian of election records shall conduct a manual count of all the races in at least one percent of the election precincts or in three precincts, whichever is greater, in which the electronic voting system was used. The custodian shall select the precincts at random and shall begin the count not later than 72 hours after the polls close. The count shall be completed no later than the 21st day after Election Day. (TEC § 127.201(a)) (TEC § 127.201(b) supersedes this section to the extent of a conflict).”
Election Results
Many Americans and Texans understand Election Day processes, but have concerns about what happens after the votes are counted.
What happens if there are protests at the Texas capitol following election day?
Texans have the right to assemble and protest if they wish. That being said, there are certain laws that governments and entities such as colleges and universities can enact in order to secure their spaces. The following rules apply to Texas:
- “Government entities and colleges can enact “reasonable time, place, and manner” restrictions or regulations as long as they are applied neutrally and don’t discriminate against particular groups or viewpoints.”
- “Protections for free speech are broad and can include controversial viewpoints, but they do not extend to the following:
- True threats to harm another person
- Inciting of imminent violence or destruction of public property
- Unlawful conduct, including civil disobedience like sit-ins or traffic blockades”
- “Possible violations in Texas may be deemed “disorderly conduct” or could include:
- Obstruction of a public passageway
- Participation in a riot
- Trespassing
- Camping in public places – a 2021 Texas law bans camping in an unapproved public place”
What happens if neither candidate concedes?
There are no legal consequences if a presidential candidate does not deliver a formal concession to their opponent. Although it is unprecedented to do so, a lack of verbal concession does not have legal repercussions. What does cause issues is if the certification of the election is contested.
What does it mean for an election certification to be contested?
In 2020, many supporters of former President Trump believed the election was not being correctly counted or reported; therefore they were calling upon local officials to not certify the ballots that had been collected. This means that the vote tabulation the local officials collected would not be officially approved. By the time the certification process has begun, the ballots collected have already been checked and verified multiple times.
“Election deniers” have the ability to delay the certification process, but they cannot stop the certification. “State laws say that certification is a mandatory, ministerial duty, meaning that county election officials cannot refuse to sign the certification papers…Because it’s a ministerial duty, election certification can be compelled by a court, which is a way to ensure these disputes are resolved quickly. Attempts to halt the certification of an election are therefore highly likely to fail, and may result in some sort of civil or criminal penalty for those who obstruct the process.”
As Texans and American citizens, our elections are protected by a system of checks and balances. Although there are extremists who aim to undermine the security of our electoral system, I hope this description of election day and the weeks following it affirms your trust in the system.
Sources: Protect Democracy, National Geographic, Texas Secretary of State, Texas Office of the Attorney General, Texas Tribune