16-R-60 - Calling General & Special November 8, 2016 ElectionNOTICE OF ELECTION
THE STATE OF TEXAS
COUNTIES OF GUADALUPE, COMAL
AND BEXAR
CITY OF SCHERTZ
TO THE RESIDENT, QUALIFIED VOTERS OF THE
CITY OF SCHERTZ, TEXAS
--- 0---- - - - - --
TAKE NOTICE that an election will be held in the City of Schertz, Texas on November
8, 2016, in obedience to a Resolution duly entered by the City Council of the City on July
26, 2016, which Resolution reads substantially as follows:
RESOLUTION NO. 16 -R -60
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, CALLING AN ELECTION TO BE HELD ON NOVEMBER 8, 2016 FOR
THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACE 1, PLACE 2
AND MAYOR FOR A THREE YEAR TERM AND NEW COUNCILMEMBER
PLACES 6 & 7 FOR A TWO YEAR TERM AND CALLING A SPECIAL
ELECTION IN CONJUNCTION FOR THE PURPOSE OF ELECTING A
COUNCILMEMBER FOR PLACE 3 FOR THE UNEXPIRED TERM FOR SAID
CITY; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION;
AUTHORIZING CONTRACTS WITH THE ELECTIONS ADMINISTRATORS
OF BEXAR AND GUADALUPE COUNTIES TO CONDUCT THIS ELECTION;
AUTHORIZING THE ELECTION TO BE HELD AS A JOINT ELECTION;
RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH
ELECTION; AND DECLARING AN EFFECTIVE DATE
WHEREAS, pursuant to Section 9.01(a) of the Home Rule Charter (the
"Charter ") of the City of Schertz, Texas (the "City"), the regular elections of the City
shall be held on the uniform election date in November of each calendar year, with the
elections for Councilmembers for Place 1, Place 2, Place 6, Place 7 and Mayor occurring
in November 2016; and
WHEREAS, the City Council of the City (the "Council') hereby finds and
determines that holding a Joint General and Special election on November 8, 2016, which
is the uniform election date in November prescribed under the Texas Election Code, for
the purpose of electing the Councilmembers for Place 1, Place 2, and the Mayor for a
three year term and Councilmembers Place 6, and Place 7 for a two year term and for the
unexpired term of Councilmember Place 3 is in accordance with the provisions of the
Charter and is in the best interests of the citizens of the City; and
WHEREAS, the Council hereby finds and determines that a Joint General and
Special Election should be held in the City on November 8, 2016, for the purpose of
electing the Councilmembers for Place 1, Place 2, and Mayor for a three year term and
new Councilmembers for Place 6 & 7 for a two year term and for the unexpired term of
Councilmember Place 3 for a one year term; and
WHEREAS, the City will contract with the Bexar County Elections
Administrator, and the Guadalupe County Elections Administrator (collectively, the
"Elections Administrators ") to conduct this election; and
WHEREAS, the City Secretary shall publish and post notice of this election as
required by applicable law.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS THAT:
Section 1. An election shall be held on November 8, 2016 in and throughout
the City, for the purpose of electing the Councilmembers for Place 1, Place 2, and Mayor,
and new Councilmembers for Place 6 and 7 which places are currently held by (i)
Councilmember Jim Fowler — Place 1, (ii) Councilmember Grumpy Azzoz — Place 2, and
(iii) Michael R. Carpenter, Mayor for a three year term to expire November 2019 —
Councilmember Places 6 & 7 are new council places for a two year term to expire
November 2018, and Councilmember Place 3, (iv) Daryl John for an unexpired term to
expire November 2017.
Section 2. The City will hold a Joint General and Special election with the
Schertz - Cibolo - Universal City Independent School District (the "District "), the City of
Cibolo and other entities, as provided pursuant to the provisions of a joint election
agreement between Bexar County and Guadalupe County and the City of Schertz,
adopted in accordance with the provisions of Section 271.002, as amended, Texas
Election Code (the "Code ").
Section 3. At said election, the candidate receiving the most votes for
Councilmember for Place 1, Place 2, and Mayor respectively, shall be declared elected
for a term to expire in November 2019, and those candidates receiving the most votes for
Councilmembers Place 6 and Place 7, respectively shall de declared elected for a term to
expire in November 2018, and those candidates receiving the most votes for the
unexpired term of Councilmember Place 3 ending November 2017. Any candidate
desiring to have his or her name on the Official Ballot for said General election shall, no
sooner than July 25, 2016, and no later than August 22, 2016, file with the City Secretary
an application in writing in the form prescribed by the Texas Election Code requesting
that his or her name be placed on the Official Ballot and declaring as a candidate for
Councilmember for Place 1, Place 2, Place 6, Place 7, and Mayor. Any candidate
desiring to have his or her name on the Official Ballot for said Special Election shall, no
sooner than July 27, 2016 and no later than August 25, 2016 by 5:00 p.m. with the City
Secretary an application in writing in the form prescribed by the Texas Election Code
requesting that his or her name be placed on the Official Ballot and declaring as a
candidate for the unexpired term of Councilmember Place 3. Any person failing to file
said written application for candidacy by the time aforesaid shall not be entitled to have
his or her name printed on the Official Ballot. The name of all eligible candidates whose
applications have been duly and timely filed shall be placed on the ballot pursuant to a
drawing as provided by law.
Section 4. Pursuant to Section 61.012, Texas Election Code, as amended, the
City shall provide at least one accessible voting system in each polling place used in the
election. Such voting system shall comply with Texas and federal laws establishing the
requirement for voting systems that permit voters with physical disabilities to cast a
secret ballot. Touch screen machines may be used for early voting and Election Day
voting by personal appearance. Certain early voting may be conducted by mail. The
Elections Administrators shall also utilize a Central Counting Station (the "Station ") as
provided by Section 127.001, et seq., Texas Election Code, as amended. Bexar County
Election Administrator Jacque Callanen, and Guadalupe County Election Administrator
Lisa Adam will serve as the Managers and Presiding Judges of the Stations, will appoint
the Election Judges and Station Clerks for each Station location, and will establish a
written plan for the orderly operation of the Station locations in accordance with the
provisions of the Texas Election Code. The Elections Administrators will appoint the
Tabulation Supervisors which will also serve as the Programmers for the Stations.
Lastly, the Elections Administrators will publish notice and conduct testing on the
automatic tabulation equipment relating to the Stations and conduct instruction for the
officials and clerks for the Stations in accordance with the provisions of the Texas
Election Code.
Section 5. The City election precincts established for this election shall be the
precincts named on Exhibit A attached hereto. A list of the City election precincts and
the polling places designated for each such election precinct are identified on Exhibit A
to this Resolution, and this exhibit is incorporated by reference for all purposes. At least
63 days prior to the scheduled election date, the Council, in coordination with the
Elections Administrators, will identify and formally approve the appointment of the
Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election
officials for this election.
Each Presiding Judge shall appoint not less than two (2) resident qualified voters
of the County to act as clerks to properly conduct the election. However, if the Presiding
Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the
clerks. The appointment of such clerks may include a person fluent in the Spanish
language to serve as a clerk to render oral aid in the Spanish language to any voter
desiring such aid at the polls on the day of the election. In the absence of the Presiding
Judge named above, the Alternate Presiding Judge shall perform the duties of the
Presiding Judge.
The election shall be held at the precinct locations listed on Exhibit A on
Tuesday, November 8, 2016, as prescribed by applicable law, and, on the day of the
election, the polls shall be open from 7:00 a.m. to 7:00 p.m.
The Bexar County Elections Office, 1103 S. Frio, Suite 100 San Antonio, Texas
78207, and the Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas
78154, are hereby designated as the main early voting places at which early voting shall
be conducted for those living respectively in Bexar, Comal, and Guadalupe Counties.
Jacquelyn Callanen, the Elections Administrator of Bexar County (whose mailing address
is 1103 S. Frio, Suite 100 San Antonio, Texas 78207), and Lisa Adam, the Elections
Administrator of Guadalupe County (whose mailing address is 215 S. Milam Street
Seguin, Texas 78155 or PO Box 1346, Seguin Texas 78156 -1346) are hereby appointed
as the Early Voting Clerks to conduct such early voting in the election in accordance with
the provisions of the Texas Election Code. Each Early Voting Clerk shall appoint not
less than two (2) Deputy Early Voting Clerks in accordance with the provisions of the
Texas Election Code.
Early voting shall be conducted from Monday, October 24, 2016 through Friday,
November 4, 2016, with the exception of certain Saturdays, Sundays, and official State
holidays. The locations and hours for the early voting are attached to this Resolution on
Exhibit B.
Applications for ballots by mail must be received by the Early Voting Clerks of
the appropriate Counties not later than the close of business on Friday, October 28, 2016.
An Early Voting Ballot Board for each County is hereby established for the
purpose of processing early voting results. Jacquelyn Callanen, Elections Administrator
of Bexar County, and Lisa Adam, Elections Administrator of Guadalupe County will
appoint the Presiding Judges of the applicable Early Voting Ballot Board. Each Presiding
Judge shall appoint not less than two (2) nor more than ten (10) resident qualified voters
of the applicable County to serve as members of the applicable Early Voting Ballot
Board.
Section 6. The anticipated fiscal impact of conducting the election is
currently estimated to be $38,877.50.
Section 7. All resident qualified voters of the City shall be permitted to vote
at the early voting locations in their County of residence, and on the day of the election,
such voters shall vote at any one of the applicable designated polling places. The election
shall be held and conducted in accordance with the provisions of the Texas Election
Code, as amended, and as may be required by any other law. All election materials and
proceedings shall be printed in both English and Spanish.
Section 8. A substantial copy of this Resolution shall serve as a proper notice
of the election. This notice, including a Spanish translation thereof, shall be posted at the
City Hall not less than twenty -one (21) days prior to the date the election is to be held,
and be published in a newspaper of general circulation in the City, (a) not more than
thirty (3 0) days, and not less than ten (10) days prior to the day of the election, and (b) on
the same day in each of two successive weeks with the first publication occurring not less
than fourteen (14) full days prior to the day of the election.
Section 9. The Council authorizes the City Manager, or his/her designee, to
negotiate and enter into one or more joint election agreements with other governmental
organizations in accordance with the provisions of the Texas Election Code in such form
as shall be approved by the City Manager, or his /her designee.
Section 10. The Council authorizes the City Manager, or his/her designee, to
negotiate and enter into contracts with the Elections Administrators to conduct the
election in accordance with the provisions of the Texas Election Code in such form as
shall be approved by the City Manager, or his/her designee.
Section 11. The recitals contained in the preamble hereof are hereby found to
be true, and such recitals are hereby made a part of this Resolution for all purposes and
are adopted as a part of the judgment and findings of the Council.
Section 12. All ordinances and resolutions, or parts thereof, which are in
conflict or inconsistent with any provision of this Resolution are hereby repealed to the
extent of such conflict, and the provisions of this Resolution shall be and remain
controlling as to the matters ordered herein.
Section 13. This Resolution shall be construed and enforced in accordance
with the laws of the State of Texas and the United States of America.
Section 14. If any provision of this Resolution or the application thereof to any
person or circumstance shall be held to be invalid, the remainder of this Resolution and
the application of such provision to other persons and circumstances shall nevertheless be
valid, and this Council hereby declares that this Resolution would have been enacted
without such invalid provision. The Council hereby authorizes the Mayor and the City
Secretary of the City to make such technical modifications to this Resolution that are
necessary for compliance with applicable Texas or federal law or to carry out the intent
of this Council, as evidenced herein.
Section 15. It is officially found, determined, and declared that the meeting at
which this Resolution is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting,
including this Resolution, was given, all as required by Chapter 551, Texas Government
Code, as amended.
Section 16. This Resolution shall be in force and effect from and after its final
passage and any publication required by law.
PASSED, APPROVED, AND ADOPTED on this 26th, day of July, 2016.
Mic R. Carpenter Mayor
ATTEST:
Gl- I-'
Brenda Dennis TRMC, MMC, City Secretary
(SEAL OF CITY)
This Agreement is entered into by and between Bexar County Elections Administrator
( "ADMINISTRATOR "), acting on behalf of Bexar County; with Edwards Aquifer Authority
( "EAA "); Edgewood Independent School District ( "EISD "); Somerset Independent School
District ( "SISD "); South San Antonio Independent School District ( "SSAISD "); the City of
Alamo Heights ( "COAH "); Converse ( "COC "); the City of Sandy Oaks ( "COSO "); the City of
Schertz (COS "); the City of Windcrest ( "COW "); Bexar County W.C.I.D.# 10 (BCWCID #10)
and Green Valley Special Utility District ( "GVSUD "); they may also be referred to, individually,
as an "Entity" or, collectively, as the "Entities," acting by and through their duly appointed and
qualified representatives, pursuant to Texas Election Code Section 271.002(a), for the November
8, 2016 election.
WHEREAS, EAA will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, EISD will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, SISD will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, SSAISD will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, COCAH will conduct a special election on Tuesday, November 8, 2016; and
WHEREAS, COC will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, COSO will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, COS will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, COW will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, BCWCID 9 10 will conduct a general election on Tuesday, November 8, 2016;
WHEREAS, GVSUD will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, Section 271.002(a) of the Texas Election Code authorizes two or more political
subdivisions to enter into an agreement to hold elections jointly in the election precincts that can
be served by common polling places; and
WHEREAS, the Entities desire that a joint election be held in order to provide a convenient,
simple, and cost - saving election to the voters in their respective jurisdictions; and
WHEREAS, the Entities desire to enter into an agreement setting out their respective duties and
responsibilities for the November 8, 2016 election;
NOW THEREFORE, it is agreed that the Entities will hold a joint election on Tuesday,
November 8, 2016 (the "Joint Election ") under the following terms and conditions:
1i
The Entities are each required to enter into their own separate contract with ADMINISTRATOR
for election services and will hold elections jointly with other Entities in the election precincts
that can be served by common polling places, using joint election officer and clerks as
ADMINISTRATOR determines is necessary and appropriate.
H
The Entities agree to conduct early voting jointly. ADMINISTRATOR will arrange for and
handle early voting in person and by mail for the Joint Election in accordance with her contracts
with those Entities.
Im
The Entities agree that a single ballot, containing all the measures and offices to be voted on at a
particular polling place, shall be used in this Joint Election.
my
Each Entity is responsible for its own posting of public notices in connection with the Joint
Election. ADMINISTRATOR shall be responsible for publishing a Notice of Election in a
newspaper of general circulation in the territory as required of all the Entities under Section
4.003 of the Election Code, and each Entity shall pay ADMINISTRATOR its proportionate
share of the publishing cost.
Q
Each Entity is responsible for paying ADMINISTRATOR for any and all other election costs, as
applicable to the specific Entity and agreed upon by separate contract for election services
between each Entity and ADMINISTRATOR.
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ADMINISTRATOR will tabulate the ballots and provide a set of copies of the affidavit page of
each return along with the returns of the election, as agreed upon by separate contract between
each Entity and ADMINISTRATOR.
on
Each Entity will be responsible for canvassing its respective precinct returns for the Joint
Election.
VIII.
The Entities agree to comply with any and all applicable state and federal record retention
statutes. Each Entity shall be the custodian of its respective election records.
L"
N
If an Entity determines not to participate in the Joint Election to be held on Tuesday, November
8, 2016, because it has no contested positions, the nonparticipating Entity shall promptly notify
ADMINISTRATOR and the other Entities, and this Agreement shall be automatically amended
to delete the nonparticipating Entity as a party to the Agreement.
X.
The undersigned persons are the duly authorized signatories of their Entities, and their signatures
represent acceptance of the terms and conditions of this Agreement, as passed and approved by
their respective governing bodies.
XI.
This Agreement may be executed in two or more counterparts. Together the counterparts shall be
deemed an executed original instrument. The Entities may execute this Agreement and exchange
counterparts of the signature pages by means of facsimile transmission, and the receipt of
executed counterparts by facsimile transmission shall be binding on the Entities. Following a
facsimile exchange, the Entities shall promptly exchange original signature pages.
SIGNED and AGREED this day of '2016.
BEXAR COUNTY ELECTIONS ADMINISTRATOR
M
Jacquelyn F. Callanen
ENTITY:
BY: `-
TITLE: A L/016
3
JOINT ELECTION AGREEMENT
This Agreement is entered into by and between Bexar County Elections Administrator
( "ADMINISTRATOR "), acting on behalf of Bexar County; with Edwards Aquifer Authority
( "EAA "); East Central Independent School District (` ECISD"); Edgewood Independent School
District ( "EISD "); San Antonio Independent School District (:SAISD "); Schertz Cibolo
Universal City Independent School District ( "SCUCISD ");Somerset Independent School District
( "SISD "); South San Antonio Independent School District ( "SSAISD "); the City of Alamo
Heights ( "COAH "); Converse ( "COC "); the City of Leon Valley ( "COLV "); the City of Sandy
Oaks ( "COSO "); the City of Schertz (COS "); the City of Windcrest ( "COW "); Bexar County
W.C.I.D.# 10 (BCWCID #10) and Green Valley Special Utility District ( "GVSUD "); they may
also be referred to, individually, as an "Entity" or, collectively, as the "Entities," acting by and
through their duly appointed and qualified representatives, pursuant to Texas Election Code
Section 271.002(a), for the November 8, 2016 election.
WHEREAS, EAA will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, ECISD will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, EISD will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, SAISD will conduct a bond election on Tuesday, November 8, 2016; and
WHEREAS, SCUCISD will conduct a bond election on Tuesday, November 8, 2016; and
WHEREAS, SISD will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, SSAISD will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, COCAH will conduct a special election on Tuesday, November 8, 2016; and
WHEREAS, COC will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, COLV will conduct a special election on Tuesday, November 8, 2016; and
WHEREAS, COSO will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, COS will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, COW will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, BCWCID #10 will conduct a general election on Tuesday, November 8, 2016;
WHEREAS, GVSUD will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, Section 271.002(a) of the Texas Election Code authorizes two or more political
subdivisions to enter into an agreement to hold elections jointly in the election precincts that can
be served by common polling places; and
WHEREAS, the Entities desire that a joint election be held in order to provide a convenient,
simple, and cost - saving election to the voters in their respective jurisdictions; and
WHEREAS, the Entities desire to enter into an agreement setting out their respective duties and
responsibilities for the November 8, 2016 election;
NOW THEREFORE, it is agreed that the Entities will hold a joint election on Tuesday,
November 8, 2016 (the "Joint Election ") under the following terms and conditions:
I.
The Entities are each required to enter into their own separate contract with ADMINISTRATOR
for election services and will hold elections jointly with other Entities in the election precincts
that can be served by common polling places, using joint election officer and clerks as
ADMINISTRATOR determines is necessary and appropriate.
II.
The Entities agree to conduct early voting jointly. ADMINISTRATOR will arrange for and
handle early voting in person and by mail for the Joint Election in accordance with her contracts
with those Entities.
III.
The Entities agree that a single ballot, containing all the measures and offices to be voted on at a
particular polling place, shall be used in this Joint Election.
IV.
Each Entity is responsible for its own posting of public notices in connection with the Joint
Election. ADMINISTRATOR shall be responsible for publishing a Notice of Election in a
newspaper of general circulation in the territory as required of all the Entities under Section
4.003 of the Election Code, and each Entity shall pay ADMINISTRATOR its proportionate
share of the publishing cost.
ky
Each Entity is responsible for paying ADMINISTRATOR for any and all other election costs, as
applicable to the specific Entity and agreed upon by separate contract for election services
between each Entity and ADMINISTRATOR.
k"I
ADMINISTRATOR will tabulate the ballots and provide a set of copies of the affidavit page of
each return along with the returns of the election, as agreed upon by separate contract between
each Entity and ADMINISTRATOR.
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0)
Each Entity will be responsible for canvassing its respective precinct returns for the Joint
Election.
VIII.
The Entities agree to comply with any and all applicable state and federal record retention
statutes. Each Entity shall be the custodian of its respective election records.
IX.
If an Entity determines not to participate in the Joint Election to be held on Tuesday, November
8, 2016, because it has no contested positions, the nonparticipating Entity shall promptly notify
ADMINISTRATOR and the other Entities, and this Agreement shall be automatically amended
to delete the nonparticipating Entity as a party to the Agreement.
KI
The undersigned persons are the duly authorized signatories of their Entities, and their signatures
represent acceptance of the terms and conditions of this Agreement, as passed and approved by
their respective governing bodies.
XI.
This Agreement may be executed in two or more counterparts. Together the counterparts shall be
deemed an executed original instrument. The Entities may execute this Agreement and exchange
counterparts of the signature pages by means of facsimile transmission, and the receipt of
executed counterparts by facsimile transmission shall be binding on the Entities. Following a
facsimile exchange, the Entities shall promptly exchange original signature pages.
SIGNED and AGREED this day of '2016.
BEXAR COUNTY ELECTIONS ADMINISTRATOR
M
Jacquelyn F. Callanen
ENTITY:
BY:
TITLE:
3
Lisa Adam
Elections Administrator /Voter Registrar
215 S. Warn Street, Seguin, Texas 78155
1101 Elbel Road, Schertz, TX 78154
June 23, 2016
Brenda Dennis
City Secretary
City of Schertz
1400 Schertz Parkway
Schertz, TX 78154
Re: Joint Election Agreement
a -- guadalupe- elections.com ♦ Phone: (830) 303 -6363 / Fax: (830) 303 -6373
Phone: (210) 945 -4199/ Fax: (210) 659 -1225
Enclosed, please find the Joint Election Agreement for the November 8, 2016 Election. In order
for the Agreement to be taken to Commissioners Court in a timely manner, it is very important
that we receive a signed original by mail no later than August 8th, 2016. If you would like an
original for your records as well, please include an additional signed original and a fully
executed original will be returned to you after approved by the Commissioners Court. If a copy
is sufficient, then a copy of the fully executed agreement will be emailed to you immediately
after approval. If the August 8th deadline cannot be met, please let me know as soon as
possible, since I must have signatures from all participating entities before taking the Joint
Agreement before Commissioners Court.
Please note that there has been an election day voting location change. This change may not
impact everyone, however, Election Day voting for Precinct 406 -407 has been moved from the
New Berlin City Hall to the New Berlin Community Center. This is a change to Election Day
only, and will not affect the New Berlin Early Voting Location.
Please don't hesitate to let me know if you have any questions or concerns.
Sincerely,
Lisa Adam
Elections Administrator
JOINT ELECTION AGREEMENT
AND
ELECTION SERVICE CONTRACT
BETWEEN
GUADALUPE COUNTY, TEXAS
AND
CITY OF CIBOLO, CITY OF SCHERTZ, CITY OF SEGUIN, SCHERTZ- CIBOLO- UNIVERSAL CITY
INDEPENDENT SCHOOL DISTRICT,SEGUIN INDEPENDENT SCHOOL DISTRICT, NAVARRO
INDEPENDENT SCHOOL DISTRICT, GREEN VALLEY SPECIAL UTILITY DISTRICT, CITY OF STAPLES,
CRYSTAL CLEAR SPECIAL UTILITY DISTRICT.
FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD
TUESDAY, NOVEMBER 8, 2016
This Joint Election Agreement and Election Service Contract is made this day of ,
2016, by and between Guadalupe County Elections Administrator, hereinafter referred to as "EA", and the City
Of Cibolo, City Of Schertz, City of Seguin, Schertz- Cibolo- Universal City Independent School District, Seguin
Independent School District, Navarro Independent School District, Green Valley Special Utility District, Crystal
Clear Special Utility District and the City of Staples, hereinafter referred to as "Participating Authorities ".
WHEREAS, pursuant to Texas Election Code Section 271.002, governing bodies of political
subdivisions may enter into an agreement to hold joint elections in election precincts that can be served by
common polling places.
WHEREAS, the State and County General and Special Elections will be held on November 8, 2016, in
35 county voting locations. Parties to this agreement serve voters within some of the same boundaries and it
would be beneficial for them and the citizens and voters of their governing bodies to hold elections jointly.
NOW, THEREFORE, IT IS AGREED that a joint election will by EA and the Participating Authorities
under the following terms and conditions:
THIS AGREEMENT is subject to the written approval of all parties and shall not be binding on the
parties until such written approval is obtained.
THIS AGREEMENT will require the EA to be appointed the Joint Early Voting Clerk.
THIS AGREEMENT will require the Participating Authorities to use joint ballots, when applicable.
THIS AGREEMENT requires the Participating Authorities to share costs associated with this Joint
Election proportionally where polling places are shared by more than one entity.
THIS AGREEMENT requires the Participating Authorities to be responsible for ordering its own election
and publishing notice of the elections separately. The cost to publish the notices will be the responsibility of
each individual entity.
THIS AGREEMENT will require joint Early Voting and Election Day locations, dates, and times to be
used by the Participating Authorities.
THIS AGREEMENT will require the EA to tabulate the precinct results and canvassing separately for
each Participating Authority. The results will be delivered to each entity by email, facsimile or mail.
THIS AGREEMENT will require the EA to be responsible for the safekeeping of election records for this
joint election.
THIS AGREEMENT will require the EA to be responsible for performing the following duties and to
furnish the following services and equipment pursuant to the election services contract with Guadalupe County:
1. Recommend election judges, alternate judges and clerks.
2. Pay election judges and other election workers.
3. Procure and distribute all necessary election supplies.
4. Supply all necessary voting equipment; transport equipment to and from the polling locations, and
prepare the voting equipment for use at the polling locations.
5. Issue Writs of Election to the election judges appointed.
6. Perform early voting clerk duties.
7. Publish the legal notice of the date, time and place of the electronic tabulating equipment test and
conduct such test and provide copies to entities.
8. Arrange for the use of a central counting station and for the tabulating personnel needed at the
counting station and assist in the preparation of programs and the test materials for tabulation of the
ballots to be used with electronic voting equipment.
9. Assist in providing the general overall supervision of the election and will provide to the Canvassing
Authority the prescribed election records and reports as required when a central counting station is
used:
a. Canvassing Summary Report,
b. Accumulated totals Report of early voting and Election Day, and
c. Electronically submit results to the Secretary of State.
10. Ballot type: (for use with mail ballots.) Optical Scan
11. Ballot tabulating equipment to be used:
a. Premier Touch Screens,
b. Premier Optical Scan for paper ballots.
GENERAL CONDITIONS
1. EARLY VOTING
A. Lisa Adam, Elections Administrator, will be appointed as early voting clerk in compliance with
Sections 271.006 of the Texas Election Code. Other deputy early voting clerks will be appointed as
needed to process early voting mail and to conduct early voting at the main location and branch
locations. The names of Early Voting Clerks may be obtained from the EA.
B. Early voting by personal appearance will be conducted on weekdays beginning Monday, October
24, 2016, through Saturday, October 29, 2016, between 7:00 am and 7:00 pm; Sunday, October
30, 2016 between 1:00 pm and 6:00 pm and continuing Monday, October 31, 2016, through Friday,
November 4, 2016, between 7:00 am and 7:00 pm. Any qualified voter for the Joint Election may
vote early by personal appearance at either the main early voting location, branch locations, or
temporary branch locations.
MAIN EARLY VOTING POLLING PLACE
GUADALUPE COUNTY ELECTIONS OFFICE
215 South Milam Street
Seguin, TX 78155
BRANCH EARLY VOTING POLLING PLACES
CENTRAL TEXAS TECHNOLOGY CENTER
Room 118 Conference Room, 2189 FM 758
New Braunfels, TX 78130
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GRACE MEMORIAL CHURCH
3240 FM 725
New Braunfels, TX 78130
NEW BERLIN CITY HALL
9180 FM 775
New Berlin, TX
SCHERTZ ELECTIONS OFFICE ANNEX
1101 Elbel Road
Schertz, TX 78154
SEGUIN ISD ADMINISTRATION BLDG
1221 E. Kingsbury St.
Seguin, TX
SELMA CITY HALL
9375 Corporate Drive
Selma, TX
C. All requests for early voting ballots by mail that are received by participating authority will be
transported by runner on the day of receipt to the EA, 215 S. Milam St., Seguin, TX 78155, for
processing. Persons voting by mail will send their voted ballots to EA.
D. All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in
accordance with Section 87.001 of the Texas Election Code. EA will appoint members of the board
and provide a list of members to the participating authority upon request. Participating authority
agrees to appoint Sylvia Marmolejo as presiding judges of the early voting ballot board.
2. VOTING LOCATIONS
A. EA shall select and arrange for the use and of payment for all Election Day voting locations. Voting
locations will be the usual voting precincts in conducting county elections. The proposed locations
are listed in Attachment "A" of this Agreement. In the event a voting location is not available, the
EA will arrange for use of an alternate location and notify Participating Authorities.
3. JOINT ELECTION COSTS: PAYMENT
A. Costs. Each Participating Authority remains responsible for all costs associated with their
respective elections only.
B. Cancellation. In the event any of the parties to this Agreement cancel their election because of
unopposed candidates under Subchapter C of Title I of the Texas Election Code, the remaining
parties shall be responsible for their respective elections, including all associated costs. The
canceling party(s) shall be responsible for its respective share of election expenses incurred
through the date that the election is canceled as allocated to that Participating Authority. In that
event that a party cancels its election, the other parties shall continue to have access to the polling
locations.
If an election is to be canceled by one of the parties, notice will be given to all parties within two (2)
days of cancellation.
4. GENERAL PROVISIONS
A. Communication: Throughout the term of this Agreement, the Participating Authorities will engage in
ongoing communications concerning the conduct of the Joint Election and discuss and resolves any
problems which might arise regarding the Joint Election.
B. Effective Date: This Agreement takes effect upon the complete execution of this Agreement by all
Participating Authorities.
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C. To the extent the geographical boundaries of the political subdivision extend into a county other
than Guadalupe County, Texas, the obligations of the EA contained in this contract are contingent
upon the political subdivision and /or the other county complying with all state or federal
requirements for the establishment of polling locations. With respect to election services for the
political subdivision provided by the EA relative to polling locations outside of Guadalupe County,
Texas, the EA's obligations herein are limited strictly to providing election services for the political
subdivision who is a signatory to this agreement.
5. RECORDS OF THE ELECTION
A. Lisa Adam, Elections Administrator, is hereby appointed general custodian of the voted ballots and
all records of the Joint Election as authorized by Section 217.010 of the Texas Election Code.
B. Access to the election records will be available to participating authority as well as to the public in
accordance with the Texas Public Information act, Chapter 552, Government Code, at the Elections
Department, 215 S. Milam St., Seguin, TX, at any time during normal business hours.
C. Records of the election will be retained and disposed of in accordance with the records retention
schedules which may have been adopted by each participating authority, and in accordance with
the provisions of Title 6, Subtitle C, Chapter 201 through 205, Texas Local Government Code,
including the minimum retention requirements established by the Texas State Library and Archives
Commission. If records of the election are involved in any pending election contest, investigation,
litigation, or Texas Public Information Act, EA shall maintain the records until final resolution or until
final judgment, whichever is applicable. It is the responsibility of the participating authority to bring
to the attention of the EA any notice of any pending election contest, investigation, litigation, or
Texas Public Information Act request which may be filed with a participating authority.
D. Upon request to maintain records beyond eligibility for preservation according with Section 66.058
of the Texas Election Code, EA shall supply a written cost estimate for storage to requesting
participant.
6. MISCELLANEOUS PROVISIONS
A. Venue and Choice of Law: Participating Authorities agree that venue for any dispute arising under
this Agreement will lie in the appropriate courts of Guadalupe County, Texas. This Agreement shall
be governed by and construed in accordance with the laws of the State of Texas and the United
States of America.
B. Entire Agreement: This Agreement contains the entire agreement of the parties relating to the
rights herein granted and the obligations herein assumed and supersede all prior agreements,
including prior election services contracts relating to each Participating Authority's November 8,
2016 election. Any prior agreements, promises, negotiations, or representations not expressly
contained in this Agreement are of no force and effect. Any oral representations or modifications
concerning this Agreement shall be of no force or effect, excepting a subsequent modification in
writing as provided herein.
C. Severability: If any provision of this Agreement is found to be invalid, illegal or unenforceable by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the
remaining provisions of this Agreement; and, parties to this Agreement shall perform their
obligations under this Agreement in accordance with the intent of the parties to this Agreement as
expressed in the terms and provisions of this Agreement.
D. Breach: In the event that any Participating Authority breaches any of its obligations under this
Agreement, the non - breaching party(s) shall be entitled to pursue any and all rights and remedies
allowed by law. Nothing in this Agreement shall be construed as a waiver of any immunity or
defense to which any Participating Authority is entitled under statutory or common law.
E. Other Instruments: The Participating Authorities agree that they will execute other and further
instruments or any documents as may become necessary or convenient to effectuate and carry out
the purposes of this Agreement.
F. Mediation: When mediation is acceptable to all parties in resolving a dispute arising under this
Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a
court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil
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Practice and Remedies Code. Unless all parties are satisfied with the result of the mediation, the
mediation will not constitute a final and binding resolution of the dispute. All communications within
the scope of the mediation shall remain confidential as described in Section 154.023 of the Texas
Civil Practice and Remedies Code, unless all parties agree, in writing, to waive the confidentiality.
Notwithstanding the foregoing the parties intend to fully comply with the Texas Open Meetings Act
and the Texas Public Information Act, whenever applicable. The term "confidential" as used in this
Agreement has the same meaning as defined and construed under the Texas Public Information
Act and the Texas Open Meetings Act.
G. Amendment /Modification: Except as otherwise provided, this Agreement may not be amended,
modified, or changed in any respect whatsoever, except by a further Agreement in writing, duly
executed by the parties hereto. No official, representative, agent, or employee of any Participating
Authority has any authority to modify this Agreement except pursuant to such expressed
authorization as may be granted by the governing body of the respective Participating Authority.
H. Counterparts: This Agreement may be executed in multiple counterparts, all of which shall be
deemed originals and with the same effect as if all parties hereto had signed the same document.
All of such counterparts shall be construed together and shall constitute one and the same
Agreement.
7. ELECTION JUDGES, CLERKS AND OTHER ELECTION WORKERS
A. EA will be responsible for the appointment of the presiding judge and an alternate for each polling
location. EA shall arrange for the training and compensation of all presiding judges and clerks. The
names of Elections Judges may be obtained by contacting the EA. If a person is unable or
unwilling to serve, EA will name a judge for the precinct and notify participating authorities that are
affected by the change.
B. In compliance with the Federal Voting Rights Act of 1965, as amended, precincts containing more
than 5% Hispanic population, according to the 2000 census statistics, are required to have
interpreter assistance. If a presiding judge is not bilingual and is unable to locate a bilingual clerk,
EA may contact the participating authority who shall assist in locating a bilingual clerk.
C. EA is responsible for notifying all election judges of the eligibility requirements of Subchapter C of
Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election
judges appointed for the joint election are eligible to serve. The presiding judge, with the Elections
Office assistance, will be responsible for insuring the eligibility of each appointed clerk hired to
assist the judge in the conduct of the election.
D. EA will hold training classes on the use of voting equipment and election laws during October 1st
thru October 20th, 2016, at the Seguin Elections Office, 215 S. Milam Street, Seguin, TX. Additional
training classes may be scheduled as needed. Election judges will be notified of additional training
sessions. No election judges will be appointed unless he /she has attended an election judge
training session taught by the Elections Office in the past eighteen (18) months.
E. The election judges are responsible for picking up election supplies at the time and place
determined by EA (which will be set forth in the election judge letter requesting service for this
election). Each election judge will receive $10.00 per hour and each clerk will receive $9.00 per
hour. The election judge will receive an additional $25.00 for picking up the election supplies prior
to Election Day and for delivering election returns and supplies to their designated regional drop off
site. Election judges and clerks attending a training class on Election Law Procedures will receive a
one -time stipend of $15.00 for the completion of the course and working on Election Day.
F. EA will employ other personnel, if necessary, for the proper administration of the election, including
such part -time help to prepare for the election, to ensure the timely delivery of supplies and
equipment during the period of early voting and on Election Day, and for the efficient tabulation of
ballots at the central counting station. Part -time personnel working in support of the central
counting station and regional sites on election night will receive pay for at least four hours, minimum
call for service, regardless of the actual hours worked.
8. SUPPLIES AND PRINTING
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A. EA will arrange for all election supplies and election printing, including, but not limited to, all forms,
signs and other materials used by the election judges at the voting locations.
B. EA will provide maps, if necessary, instructions and other information needed to enable the election
judges to conduct a proper election.
C. Participating authorities shall furnish to EA a list of candidates and /or propositions showing the
order and the exact manner in which their candidate names and /or propositions are to appear on
the official ballot in both English and Spanish. The list will be delivered to EA as soon as possible
after ballot positions have been determined by the participating authority. Participating authority will
be responsible for proofreading and approving the ballot in so far as it pertains to the authority's
candidates and /or propositions.
9. RETURNS OF ELECTIONS
A. EA will be responsible for establishing and operating the central counting station to receive and
tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
B. Participating authority hereby, in accordance with Section 127.002, 127.003 and 127.005 of the
Texas Election Code, appoint the following central counting station officials.
Manager Lisa Adam
Guadalupe County Elections Administrator
Tabulating Supervisor Missy Doss
Guadalupe County Assistant Elections Administrator
Presiding Judge Sylvia Marmolejo
Guadalupe County Deputy Elections Clerk
C. The manager or representative will deliver timely cumulative reports of the election results as
precincts are tabulated. The manager will be responsible for releasing cumulative totals and
precinct returns from the election to the joint participants, candidates, press, and general public by
distribution of hard copies or electronic transmittals (where accessible). Participating authority,
upon request, may require release of returns by given only at a specified location other than from
the result center. Participating entity that would like the Guadalupe County Elections Department's
web -site linked to their website, must provide their web -site address to the Central County Station
Manager.
D. EA will prepare the unofficial canvass report after all precincts have been counted, and will deliver
a copy of the unofficial canvass to each participating authority as soon as possible after all returns
and provisional ballots have been tabulated, but in no event later than eight (8) days after the
election. Participating authority will be responsible for their official canvass of their respective
elections.
E. EA will be responsible for conducting the post election manual recount, unless a waiver is given
from the Secretary of State in accordance with Section 127.201 of the Texas Election Code.
Notification and copies of the recount, if waiver is denied, will be provided to each participating
authority and the Secretary of State's Office. Each political subdivision must notify the Elections
Office if waiver has been granted or denied twenty (20) days before the election.
10. ELECTION EXPENSES
A. The participating authority agrees to share the costs of administering the November 8, 2016 Joint
Election. A general supervisory fee not to exceed 10% of the total cost of the election shall be
assessed as authorized by the Texas Election Code, Sec. 31.100. Allocation of costs, unless
specifically stated otherwise, will be shared equally between the participating authorities. Any costs
for workers, supplies or equipment that is shared by participating parties will be divided equally.
The cost of any special request from a participant which is not agreed upon by all
authorities, shall be borne by that participant.
B. The expenses for early voting by mail and personal appearance will be paid equally by each
participating authority, unless otherwise amended.
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C. Any estimate of election costs is strictly an estimate. Final election expenses will be determined
within 120 business days after the election. EA will provide each participating authority with a final
invoice of expenses.
11. ELECTION REPORTS
EA will be responsible for ensuring the delivery of the reports titled Early Voting Daily Vote Totals and
Daily Early Voter Listing (Alphabetical by precinct) to each participating authority each day of Early
Voting for the previous day's voting activity. On the day after the conclusion of Early Voting, a Daily
Early Voter Listing by precinct report inclusive of all days of Early Voting is to be delivered to each
participating authority. When possible, the Early Voters' reports will be delivered by electronic means
via e-mail, facsimile, or website.
12. RUNOFF ELECTION
In the event a runoff is necessary, the agreement will automatically be extended to cover the runoff.
The EA will provide the designated entity in the runoff election with an estimate of cost to conduct
participating authority's runoff.
13. NOTICE
Whenever this agreement requires any consent, approval notice, request or demand, it must be in
writing to be effective and shall be delivered to the party intended to receive it was shown below:
If to the Elections Administrator:
Lisa Adam
Guadalupe County Elections Administrator
215 S. Milam St.
Seguin, TX 78155
830 - 303 -6363
If to the Participating Authority:
Brenda Dennis, City Secretary
City of Schertz, Texas
1400 Schertz Parkway
Schertz, TX 78154
14. This contract may be executed in multiple originals.
NOVEMBER 8, 2016 JOINT CONTRACT ACCEPTANCE AND APPROVAL
Recommended for approval by:
LISA ADAM
Guadalupe County Elections Administrator
T:
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ATTACHMENT "A"
NOVEMBER 8, 2016
GENERAL AND SPECIAL ELECTIONS
Election Day Polling Locations
101- 118- 121 -122
McQueeney Lions Club, 3211 Hwy 78, McQueeney
102 - 111 - 119 -123
Vogel Elementary School, 16121 FM 725, Seguin
103 -104 -110
Remarkable Healthcare, 1339 Eastwood Dr., Seguin
105
Forest Hills Baptist Church, 8251 FM 1117, Seguin
106 -115- 120 -126-
127
Justice of the Peace Court, Pct 1, 2405 E. US Hwy 90, Seguin
107
Kingsbury United Methodist Church, 7035 FM 2438, Kingsbury
108
Staples Community Center, 9615 FM 621, Staples
109
Maranatha Fellowship Hall, 2356 S. Hwy. 80, Luling
112 -124 -125
Jackson Park Student Activity Center, 824 Fleming Dr., Seguin
113 - 114 -117
Grace Memorial Church, 3240 FM 725, New Braunfels
116
McQueeney VFW Post 9213, 275 Gallagher, McQueeney
201- 212 - 218 -219
Knights of Columbus Hall, 1015 S. Austin Street, Seguin
202
Our Lady of Guadalupe Church Annex, 730 Guadalupe St. (corner of Krezdorn &
Guadalupe Sts.), Seguin
203 - 209 -220
Westside Baptist Church, 1208 N. Vaughn St., Seguin
204
American Legion Hall, 618 E. Kingsbury, Seguin
205 - 214 - 216 -226
Geronimo Community Center, 280 Navarro Dr., Geronimo, Texas 78155
206
St. Joseph's Mission, 5093 Redwood Rd., San Marcos
207 - 211 - 221 -224
The Silver Center, 510 E. Court St., Seguin
208 -213
Central Texas Technology Center, Room 118 Conference Room, 2189 FM 758, New
Braunfels
210- 222 - 223 -225
Former City of Seguin - Guadalupe County Library, 707 E. College St., Seguin
215 -217
Living Waters Worship Center, 3325 N. State Highway 46, Seguin
301
Santa Clara City Hall, 1653 N. Santa Clara Rd., Santa Clara
302
William Malish Annex Professional Learning Center(formerly known as Marion Dolford
Learning Center), 200 W. Schlather Lane, Cibolo
303
Schertz Elections Office, 1101 Elbel Rd., Schertz
304
Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz
305
Selma City Hall, 9375 Corporate Dr., Selma
306
Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz
401
Immaculate Conception Catholic Church, 212 N. Barnett St., Marion
402
Schertz Community Center, 1400 Schertz Parkway, Schertz
403
Knights of Columbus Hall, 509 Schertz Pkwy., Schertz
404
Schertz Community Center North (formerly Northcliffe Fire Station), 3501 Morning Dr.,
Cibolo
405 -410
St. John's Lutheran Church, 606 S. Center St., Marion
406 -407
New Berlin Community Center 8815 FM 775, New Berlin
408
Klein Road Elementary School, 2620 W. Klein Road, New Braunfels
409
Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo
Polls Open from 7:00 a.m. to 7:00 p.m.
THE STATE OF TEXAS }
}
COUNTY OF GUADAL UPE )
CONTRACT FOR ELECTION SERVICES
THIS CONTRACT made by and between Guadalupe County, a body corporate and
politic under the laws of the State of Texas, hereinafter referred to as "County," and City of
Schertz, Texas, hereinafter referred to as "Political Subdivision," pursuant to Texas Election
Code Sections 31.092(a) for an election to be held on November 8, 2016, which lies partially in
Guadalupe, Comal and Bexar Counties. Said election for the Political Subdivision lying in
Guadalupe County and Comal County will be administered by Lisa Adam, Elections
Administrator, hereinafter referred to as "Elections Administrator ".
Said Political Subdivision is holding a General and Special Election, at their expense on
November 8, 2016.
The County owns an electronic voting system, the Diebold Touch Screens for Early
Voting and Election Day voting and Diebold Optical Scan for paper mail ballots, which has been
duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as
amended, and is compliant with the accessibility requirements set forth by Texas Election Code
Section 61.012. Political Subdivision desires to use the County's electronic voting system and to
compensate the County for such use.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and
benefits to the parties, IT IS AGREED as follows:
I. ADMINISTRATION
The Elections Administrator of Guadalupe County shall coordinate, supervise, and handle
all aspects of administering the Election as provided in this Contract. Political Subdivision agrees
to pay Guadalupe County for equipment, supplies, services, and administrative costs as provided
in this Contract. The Elections Administrator shall serve as the administrator for the Election;
however, the Political Subdivision shall remain responsible for the decisions and actions of its
officers necessary for the lawful conduct of its election. The Elections Administrator shall
provide advisory services in connection with decisions to be made and actions to be taken by the
officers of the Political Subdivision.
It is understood that other political subdivisions may wish to participate in the use of the
County's electronic voting system and polling places, and it is agreed that Guadalupe County
and the Elections Administrator may enter into other contracts for election services for those
purposes on terms and conditions generally similar to those set forth in this contract. Political
Subdivision agrees that other political subdivisions that may have territory located partially or
wholly within the boundaries of Political Subdivision, and in such case all parties sharing
common territory shall enter into a Joint Election Agreement and share a joint ballot on the
county's electronic voting system at the applicable polling places. In such cases, costs shall be
divided among the participants.
At each polling location, joint participants shall share voting equipment and supplies to
the extent possible. The participating parties shall share a mutual ballot in those precincts where
jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot
containing an office or proposition stating a measure on which the voter is ineligible to vote.
Multiple ballot styles shall be available in those shared polling places where jurisdictions do not
overlap.
II. LEGAL DOCUMENTS
Political Subdivision shall be responsible for the preparation, adoption, and publication of
all required election orders, resolutions, notices, and any other pertinent documents required by
the Texas Election Code and /or Political Subdivision's governing body, charter, or ordinances.
Preparation of the necessary materials for notices and the official ballot shall be the
responsibility of the Political Subdivision, including translation to languages other than English.
Political Subdivision shall provide a copy of their election order and notice to the Elections
Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall arrange for the use of all Election Day voting locations.
Voting locations will be the County's usual voting locations. In the event a voting location is not
available, the Elections Administrator will arrange for use of an alternate location with the
approval of the Political Subdivision. The Elections Administrator shall arrange for the use of the
two Comal County voting locations for the Political Subdivision.
If polling places are different from the polling place(s) used by Political Subdivision in
it's most recent election, Political Subdivision agrees to post a notice no later than the day before
the election, at the entrance to any previous polling places in the jurisdiction stating that the
polling location has changed and stating the political subdivision's polling place names and
addresses in effect for election.
All obligations of the Elections Administrator contained in this contract with respect to
polling locations shall be limited to the provision of polling locations located within the
geographical boundaries of Guadalupe County, Texas. The Elections Administrator has agreed to
contact the authority in Comal County to arrange for the use of Precincts 202 and 301 Election
Day polling locations in Comal County.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Elections Administrator shall recommend election judges, alternate judges and clerks.
Upon request by the Elections Administrator, Political Subdivision agrees to assist in recruiting
polling place officials who are bilingual (fluent in both English and Spanish).
The Elections Administrator shall notify all election judges of the eligibility requirements
of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to
insure that all election judges appointed for the Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all
election judges and clerks. The Elections Administrator shall arrange for the date, time, and
place for presiding election judges to pick up their election supplies. Each presiding election
judge will be sent a letter from the Elections Administrator notifying him/her of their
appointment, the time and location of training and distribution of election supplies, and the
number of election clerks that the presiding judge may appoint.
Each election judge and clerk will receive compensation at an hourly rate established by
Guadalupe County pursuant to Texas Election Code Section 32.091. (Election Judge and
Alternate Judge - $10 /hour; Clerks -$9 /hour; Early Voting Clerks -$9.15 /hour) The Election Judge
will receive an additional sum of $25.00 for picking up the election supplies prior to Election
Day and for returning the supplies and equipment to the central counting station after the polls
close. In addition, all workers receive a $15 flat rate compensation for mandatory training.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment
including, but not limited to official ballots, sample ballots, voter registration lists, and all forms,
signs and other materials used by the election judges at the voting locations. The Elections
Administrator shall provide the necessary voter registration information, instructions, and other
information needed for the election. If General maps are needed for a particular Political
Subdivision, the Election Administrator will order the maps and pass that charge on to that
particular Political Subdivision.
Political Subdivision shall furnish the Elections Administrator a list of candidates and /or
propositions showing the order and the exact manner in which the candidate names and /or
proposition(s) are to appear on the official ballot (including titles and text in each language in
which the authority's ballot is to be printed). This list shall be delivered to the Elections
Administrator as soon as possible after ballot positions have been determined by each of the
participating authorities. Said list shall be provided to the Elections Administrator by the date set
out in the published Election Calendar provided by the Secretary of State. Each participating
authority shall be responsible for proofreading and approving the ballot insofar as it pertains to
that authority's candidates and /or propositions.
It is agreed by all parties that at all times and for all purposes hereunder, all election
judges, clerks, and all other personnel involved in this election are independent contractors and
are not employees or agents of the County or Political Subdivision. No statement contained in
this Contract shall be construed so as to find any judge, clerk, or any other election personnel an
employee or agent of the County or Political Subdivision, and no election personnel shall be
entitled to the rights, privileges, or benefits of County or Political Subdivision employees except
as otherwise stated herein, nor shall any election personnel hold himself out as an employee or
agent of the County or Political Subdivision, unless considered a county employee as determined
by the Guadalupe County Human Resources Department.
VI. EARLY VOTING
Political Subdivision agrees to appoint the Elections Administrator as the Early Voting
Clerk. Political Subdivision also agrees to appoint the Elections Administrator's permanent
county employees as deputy early voting clerks. Political Subdivision further agrees that the
Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of
early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Guadalupe County pursuant to Section 83.052 of the Texas
Election Code ($9.15 /hour). Early Voting by personal appearance will be held at the locations,
dates, and times determined by Political Subdivision. Any qualified voter of the Election may
vote early by personal appearance at any one of the early voting locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early
voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election
Code. Any requests for early voting ballots to be voted by mail received by the Political
Subdivision shall be forwarded immediately by fax or courier to the Elections Administrator for
processing.
The Elections Administrator shall, upon request, provide the Political Subdivision a copy
of the early voting report on a daily basis and a cumulative final early voting report following the
election.
VII. EARLY VOTING BALLOT BOARD
Elections Administrator shall appoint an Early Voting Ballot Board (EVBB) to process
early voting results from the Election. The Presiding Judge, with the assistance of the Elections
Administrator, may appoint two or more additional members to constitute the EVBB. The
Elections Administrator shall determine the number of EVBB members required to efficiently
process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the
central counting station to receive and tabulate the voted ballots in accordance with the
provisions of the Texas Election Code and of this Contract.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and
127.005 of the Texas Election Code, appoint the following central counting station officials:
Counting Station Manager: Lisa Adam
Tabulation Supervisor: Missy Doss
Presiding Judge: Sylvia Marmoleio
The Elections Administrator will prepare the unofficial canvass reports after all precincts
have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision
as soon as possible after all returns have been tabulated. All participating authorities shall be
responsible for the official canvass of their respective elections.
X. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF
ELECTION
Political Subdivision may withdraw from this Contract should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code, or should it be later ruled
that the election is not needed. Political Subdivision is fully liable for any expenses incurred by
Guadalupe County on behalf of Political Subdivision. Any monies deposited with the county by
the withdrawing authority shall be refunded, minus the aforementioned expenses.
XI. RECORDS OF THE ELECTION
Voted ballots and all records of the Election will be given to the Political Subdivision to
be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas
Elections Code. However, if the Political Subdivision enters into a Joint Election Agreement
with another political subdivision, the Elections Administrator is hereby appointed general
custodian of the voted ballots and all records of the Election as authorized by Section 271.010 of
the Texas Election.
Access to the election records shall be available to each participating authority as well as
to the public in accordance with applicable provisions of the Texas Election Code and the Texas
Public Information Act. The election records shall be stored at the offices of the Elections
Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the
provisions of Section 66.058 of the Texas Election Code. If records of the election are involved
in any pending election contest, investigation, litigation, or open records request, the Elections
Administrator shall maintain the records until final resolution or until final judgment, whichever
is applicable. It is the responsibility of each participating authority to bring to the attention of the
Elections Administrator any notice of pending election contest, investigation, litigation or open
records request which may be filed with the participating authority.
WYNIBITIF811TOCIM
A recount may be obtained as provided by Title 13 of the Texas Election Code. Political
Subdivision agrees that any recount shall take place at the offices of the Elections Administrator,
and that the Elections Administrator shall serve as Recount Supervisor and the Political
Subdivision's official or employee who performs the duties of a secretary under the Texas
Election Code shall serve as Recount Coordinator.
The Elections Administrator agrees to provide advisory services to the District as
necessary to conduct a proper recount.
XIII. MISCELLANEOUS PROVISIONS
The Elections Administrator shall file copies of this document with the Guadalupe
County Treasurer and the Guadalupe County Auditor in accordance with Section 31.099 of the
Texas Election Code.
In the event that legal action is filed contesting Political Subdivision's election under
Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own
expense, legal counsel for the County, the Elections Administrator, and additional election
personnel as necessary.
Nothing in this contract prevents any party from taking appropriate legal action against
any other party and /or other election personnel for a breach of this contract or a violation of the
Texas Election Code.
The parties agree that under the Constitution and laws of the State of Texas, neither
Guadalupe County nor Political Subdivision can enter into an agreement whereby either party
agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any,
to indemnifying or holding or saving harmless for any reason are hereby deleted.
This Contract shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Guadalupe County,
Texas and the two (2) precincts in Comal County, Texas.
In the event of one of more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof and this Contract shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained herein.
All parties shall comply with all applicable laws, ordinances, and codes of the State of
Texas, all local governments, and any other entities with local jurisdiction.
The waiver by any party of a breach of any provision of this Contract shall not operate as
or be construed as a waiver of any subsequent breach.
Any amendments of this Contract shall be of no effect unless in writing and signed by all
parties hereto.
IN TESTIMONY HEREOF, this Contract, its multiple originals all of equal force, has
been executed on behalf of the parties hereto as follows, to -v it:
1. It has on this day of , 2016, been executed on behalf of
Guadalupe County by the Elections Administrator pursuant to the Texas Election Code so
authorizing; and
2. It has on this day of , 2016, been executed on behalf of the
Political Subdivision by its Presiding Officer or authorized representative, pursuant to an action
of the Political Subdivision so authorizing.
GUADALUPE COUNTY, TEXAS
C
LISA ADAM
Elections Administrator
ATTEST:
City of Sche
B
i ing ficer /Authorized Representative
Lisa Adam
Elections Administrator /Voter Registrar
215 S. 1NWam Street, Seguin, Texas 78155
1101 HIM Road, Schertz, Tx 78154
June 23, 2016
Brenda Dennis
City Secretary
City of Schertz
1400 Schertz Parkway
Schertz, TX 78154
Re: Joint Election Agreement
♦ wwivgaadalupe- elections.com ♦ Phone: (830) 303 -6363 / Fax: (830) 303 -6373
Phone: (210) 945 -4199/ Fax: (210) 659 -1225
Enclosed, please find the Joint Election Agreement for the November 8, 2016 Election. In order
for the Agreement to be taken to Commissioners Court in a timely manner, it is very important
that we receive a signed original by mail no later than August 8t', 2016. If you would like an
original for your records as well, please include an additional signed original and a fully
executed original will be returned to you after approved by the Commissioners Court. If a copy
is sufficient, then a copy of the fully executed agreement will be emailed to you immediately
after approval. If the August 8th deadline cannot be met, please let me know as soon as
possible, since I must have signatures from all participating entities before taking the Joint
Agreement before Commissioners Court.
Please note that there has been an election day voting location change. This change may not
impact everyone, however, Election Day voting for Precinct 406 -407 has been moved from the
New Berlin City Hall to the New Berlin Community Center. This is a change to Election Day
only, and will not affect the New Berlin Early Voting Location.
Please don't hesitate to let me know if you have any questions or concerns.
Sincerely,
JA)), OA
Lisa Adam
Elections Administrator
FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD
TUESDAY, NOVEMBER 8, 2016
This Joint Election Agreement and Election Service Contract is made this day of
2016, by and between Guadalupe County Elections Administrator, hereinafter referred to as "EA ", and the City
Of Cibolo, City Of Schertz, City of Seguin, Schertz- Cibolo- Universal City Independent School District, Seguin
Independent School District, Navarro Independent School District, Green Valley Special Utility District, Crystal
Clear Special Utility District and the City of Staples, hereinafter referred to as "Participating Authorities ".
WHEREAS, pursuant to Texas Election Code Section 271.002, governing bodies of political
subdivisions may enter into an agreement to hold joint elections in election precincts that can be served by
common polling places.
WHEREAS, the State and County General and Special Elections will be held on November 8, 2016, in
35 county voting locations. Parties to this agreement serve voters within some of the same boundaries and it
would be beneficial for them and the citizens and voters of their governing bodies to hold elections jointly.
NOW, THEREFORE, IT IS AGREED that a joint election will by EA and the Participating Authorities
under the following terms and conditions:
THIS AGREEMENT is subject to the written approval of all parties and shall not be binding on the
parties until such written approval is obtained.
THIS AGREEMENT will require the EA to be appointed the Joint Early Voting Clerk.
THIS AGREEMENT will require the Participating Authorities to use joint ballots, when applicable.
THIS AGREEMENT requires the Participating Authorities to share costs associated with this Joint
Election proportionally where polling places are shared by more than one entity.
THIS AGREEMENT requires the Participating Authorities to be responsible for ordering its own election
and publishing notice of the elections separately. The cost to publish the notices will be the responsibility of
each individual entity.
THIS AGREEMENT will require joint Early Voting and Election Day locations, dates, and times to be
used by the Participating Authorities.
THIS AGREEMENT will require the EA to tabulate the precinct results and canvassing separately for
each Participating Authority. The results will be delivered to each entity by email, facsimile or mail.
THIS AGREEMENT will require the EA to be responsible for the safekeeping of election records for this
joint election.
THIS AGREEMENT will require the EA to be responsible for performing the following duties and to
furnish the following services and equipment pursuant to the election services contract with Guadalupe County:
1. Recommend election judges, alternate judges and clerks.
2. Pay election judges and other election workers.
3. Procure and distribute all necessary election supplies.
4. Supply all necessary voting equipment; transport equipment to and from the polling locations, and
prepare the voting equipment for use at the polling locations.
5. Issue Writs of Election to the election judges appointed.
6. Perform early voting clerk duties.
7. Publish the legal notice of the date, time and place of the electronic tabulating equipment test and
conduct such test and provide copies to entities.
8. Arrange for the use of a central counting station and for the tabulating personnel needed at the
counting station and assist in the preparation of programs and the test materials for tabulation of the
ballots to be used with electronic voting equipment.
9. Assist in providing the general overall supervision of the election and will provide to the Canvassing
Authority the prescribed election records and reports as required when a central counting station is
used:
a. Canvassing Summary Report,
b. Accumulated totals Report of early voting and Election Day, and
c. Electronically submit results to the Secretary of State.
10. Ballot type: (for use with mail ballots.) Optical Scan
11. Ballot tabulating equipment to be used:
a. Premier Touch Screens,
b. Premier Optical Scan for paper ballots.
GENERAL CONDITIONS
1. EARLY VOTING
A. Lisa Adam, Elections Administrator, will be appointed as early voting clerk in compliance with
Sections 271.006 of the Texas Election Code. Other deputy early voting clerks will be appointed as
needed to process early voting mail and to conduct early voting at the main location and branch
locations. The names of Early Voting Clerks may be obtained from the EA.
B. Early voting by personal appearance will be conducted on weekdays beginning Monday, October
24, 2016, through Saturday, October 29, 2016, between 7:00 am and 7:00 pm; Sunday, October
30, 2016 between 1:00 pm and 6:00 pm and continuing Monday, October 31, 2016, through Friday,
November 4, 2016, between 7:00 am and 7:00 pm. Any qualified voter for the Joint Election may
vote early by personal appearance at either the main early voting location, branch locations, or
temporary branch locations.
MAIN EARLY VOTING POLLING PLACE
GUADALUPE COUNTY ELECTIONS OFFICE
215 South Milam Street
Seguin, TX 78155
BRANCH EARLY VOTING POLLING PLACES
CENTRAL TEXAS TECHNOLOGY CENTER
Room 118 Conference Room, 2189 FM 758
New Braunfels, TX 78130
GRACE MEMORIAL CHURCH
3240 FM 725
New Braunfels, TX 78130
NEW BERLIN CITY HALL
9180 FM 775
New Berlin, TX
SCHERTZ ELECTIONS OFFICE ANNEX
1101 Elbel Road
Schertz, TX 78154
SEGUIN ISD ADMINISTRATION BLDG
1221 E. Kingsbury St.
Seguin, TX
SELMA CITY HALL
9375 Corporate Drive
Selma, TX
C. All requests for early voting ballots by mail that are received by participating authority will be
transported by runner on the day of receipt to the EA, 215 S. Milam St., Seguin, TX 78155, for
processing. Persons voting by mail will send their voted ballots to EA.
D. All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in
accordance with Section 87.001 of the Texas Election Code. EA will appoint members of the board
and provide a list of members to the participating authority upon request. Participating authority
agrees to appoint Sylvia Marmolejo as presiding judges of the early voting ballot board.
2. VOTING LOCATIONS
A. EA shall select and arrange for the use and of payment for all Election Day voting locations. Voting
locations will be the usual voting precincts in conducting county elections. The proposed locations
are listed in Attachment "A" of this Agreement. In the event a voting location is not available, the
EA will arrange for use of an alternate location and notify Participating Authorities.
3. JOINT ELECTION COSTS: PAYMENT
A. Costs. Each Participating Authority remains responsible for all costs associated with their
respective elections only.
B. Cancellation. In the event any of the parties to this Agreement cancel their election because of
unopposed candidates under Subchapter C of Title I of the Texas Election Code, the remaining
parties shall be responsible for their respective elections, including all associated costs. The
canceling party(s) shall be responsible for its respective share of election expenses incurred
through the date that the election is canceled as allocated to that Participating Authority. In that
event that a party cancels its election, the other parties shall continue to have access to the polling
locations.
If an election is to be canceled by one of the parties, notice will be given to all parties within two (2)
days of cancellation.
4. GENERAL PROVISIONS
A. Communication: Throughout the term of this Agreement, the Participating Authorities will engage in
ongoing communications concerning the conduct of the Joint Election and discuss and resolves any
problems which might arise regarding the Joint Election.
B. Effective Date: This Agreement takes effect upon the complete execution of this Agreement by all
Participating Authorities.
C. To the extent the geographical boundaries of the political subdivision extend into a county other
than Guadalupe County, Texas, the obligations of the EA contained in this contract are contingent
upon the political subdivision and /or the other county complying with all state or federal
requirements for the establishment of polling locations. With respect to election services for the
political subdivision provided by the EA relative to polling locations outside of Guadalupe County,
Texas, the EA's obligations herein are limited strictly to providing election services for the political
subdivision who is a signatory to this agreement.
5. RECORDS OF THE ELECTION
A. Lisa Adam, Elections Administrator, is hereby appointed general custodian of the voted ballots and
all records of the Joint Election as authorized by Section 217.010 of the Texas Election Code.
B. Access to the election records will be available to participating authority as well as to the public in
accordance with the Texas Public Information act, Chapter 552, Government Code, at the Elections
Department, 215 S. Milam St., Seguin, TX, at any time during normal business hours.
C. Records of the election will be retained and disposed of in accordance with the records retention
schedules which may have been adopted by each participating authority, and in accordance with
the provisions of Title 6, Subtitle C, Chapter 201 through 205, Texas Local Government Code,
including the minimum retention requirements established by the Texas State Library and Archives
Commission. If records of the election are involved in any pending election contest, investigation,
litigation, or Texas Public Information Act, EA shall maintain the records until final resolution or until
final judgment, whichever is applicable. It is the responsibility of the participating authority to bring
to the attention of the EA any notice of any pending election contest, investigation, litigation, or
Texas Public Information Act request which may be filed with a participating authority.
D. Upon request to maintain records beyond eligibility for preservation according with Section 66.058
of the Texas Election Code, EA shall supply a written cost estimate for storage to requesting
participant.
6. MISCELLANEOUS PROVISIONS
A. Venue and Choice of Law: Participating Authorities agree that venue for any dispute arising under
this Agreement will lie in the appropriate courts of Guadalupe County, Texas. This Agreement shall
be governed by and construed in accordance with the laws of the State of Texas and the United
States of America.
B. Entire Agreement: This Agreement contains the entire agreement of the parties relating to the
rights herein granted and the obligations herein assumed and supersede all prior agreements,
including prior election services contracts relating to each Participating Authority's November 8,
2016 election. Any prior agreements, promises, negotiations, or representations not expressly
contained in this Agreement are of no force and effect. Any oral representations or modifications
concerning this Agreement shall be of no force or effect, excepting a subsequent modification in
writing as provided herein.
C. Severability: If any provision of this Agreement is found to be invalid, illegal or unenforceable by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the
remaining provisions of this Agreement; and, parties to this Agreement shall perform their
obligations under this Agreement in accordance with the intent of the parties to this Agreement as
expressed in the terms and provisions of this Agreement.
D. Breach: In the event that any Participating Authority breaches any of its obligations under this
Agreement, the non - breaching party(s) shall be entitled to pursue any and all rights and remedies
allowed by law. Nothing in this Agreement shall be construed as a waiver of any immunity or
defense to which any Participating Authority is entitled under statutory or common law.
E. Other Instruments: The Participating Authorities agree that they will execute other and further
instruments or any documents as may become necessary or convenient to effectuate and carry out
the purposes of this Agreement.
F. Mediation: When mediation is acceptable to all parties in resolving a dispute arising under this
Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a
court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil
4
Practice and Remedies Code. Unless all parties are satisfied with the result of the mediation, the
mediation will not constitute a final and binding resolution of the dispute. All communications within
the scope of the mediation shall remain confidential as described in Section 154.023 of the Texas
Civil Practice and Remedies Code, unless all parties agree, in writing, to waive the confidentiality.
Notwithstanding the foregoing the parties intend to fully comply with the Texas Open Meetings Act
and the Texas Public Information Act, whenever applicable. The term "confidential' as used in this
Agreement has the same meaning as defined and construed under the Texas Public Information
Act and the Texas Open Meetings Act.
G. Amendment /Modification: Except as otherwise provided, this Agreement may not be amended,
modified, or changed in any respect whatsoever, except by a further Agreement in writing, duly
executed by the parties hereto. No official, representative, agent, or employee of any Participating
Authority has any authority to modify this Agreement except pursuant to such expressed
authorization as may be granted by the governing body of the respective Participating Authority.
H. Counterparts: This Agreement may be executed in multiple counterparts, all of which shall be
deemed originals and with the same effect as if all parties hereto had signed the same document.
All of such counterparts shall be construed together and shall constitute one and the same
Agreement.
7. ELECTION JUDGES, CLERKS AND OTHER ELECTION WORKERS
A. EA will be responsible for the appointment of the presiding judge and an alternate for each polling
location. EA shall arrange for the training and compensation of all presiding judges and clerks. The
names of Elections Judges may be obtained by contacting the EA. If a person is unable or
unwilling to serve, EA will name a judge for the precinct and notify participating authorities that are
affected by the change.
B. In compliance with the Federal Voting Rights Act of 1965, as amended, precincts containing more
than 5% Hispanic population, according to the 2000 census statistics, are required to have
interpreter assistance. If a presiding judge is not bilingual and is unable to locate a bilingual clerk,
EA may contact the participating authority who shall assist in locating a bilingual clerk.
C. EA is responsible for notifying all election judges of the eligibility requirements of Subchapter C of
Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election
judges appointed for the joint election are eligible to serve. The presiding judge, with the Elections
Office assistance, will be responsible for insuring the eligibility of each appointed clerk hired to
assist the judge in the conduct of the election.
D. EA will hold training classes on the use of voting equipment and election laws during October 1st
thru October 20th, 2016, at the Seguin Elections Office, 215 S. Milam Street, Seguin, TX. Additional
training classes may be scheduled as needed. Election judges will be notified of additional training
sessions. No election judges will be appointed unless he /she has attended an election judge
training session taught by the Elections Office in the past eighteen (18) months.
E. The election judges are responsible for picking up election supplies at the time and place
determined by EA (which will be set forth in the election judge letter requesting service for this
election). Each election judge will receive $10.00 per hour and each clerk will receive $9.00 per
hour. The election judge will receive an additional $25.00 for picking up the election supplies prior
to Election Day and for delivering election returns and supplies to their designated regional drop off
site. Election judges and clerks attending a training class on Election Law Procedures will receive a
one -time stipend of $15.00 for the completion of the course and working on Election Day.
F. EA will employ other personnel, if necessary, for the proper administration of the election, including
such part-time help to prepare for the election, to ensure the timely delivery of supplies and
equipment during the period of early voting and on Election Day, and for the efficient tabulation of
ballots at the central counting station. Part-time personnel working in support of the central
counting station and regional sites on election night will receive pay for at least four hours, minimum
call for service, regardless of the actual hours worked.
A. EA will arrange for all election supplies and election printing, including, but not limited to, all forms,
signs and other materials used by the election judges at the voting locations.
B. EA will provide maps, if necessary, instructions and other information needed to enable the election
judges to conduct a proper election.
C. Participating authorities shall furnish to EA a list of candidates and /or propositions showing the
order and the exact manner in which their candidate names and /or propositions are to appear on
the official ballot in both English and Spanish. The list will be delivered to EA as soon as possible
after ballot positions have been determined by the participating authority. Participating authority will
be responsible for proofreading and approving the ballot in so far as it pertains to the authority's
candidates and /or propositions.
9. RETURNS OF ELECTIONS
A. EA will be responsible for establishing and operating the central counting station to receive and
tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
B. Participating authority hereby, in accordance with Section 127.002, 127.003 and 127.005 of the
Texas Election Code, appoint the following central counting station officials.
Manager Lisa Adam
Guadalupe County Elections Administrator
Tabulating Supervisor Missy Doss
Guadalupe County Assistant Elections Administrator
Presiding Judge Sylvia Marmolejo
Guadalupe County Deputy Elections Clerk
C. The manager or representative will deliver timely cumulative reports of the election results as
precincts are tabulated. The manager will be responsible for releasing cumulative totals and
precinct returns from the election to the joint participants, candidates, press, and general public by
distribution of hard copies or electronic transmittals (where accessible). Participating authority,
upon request, may require release of returns by given only at a specified location other than from
the result center. Participating entity that would like the Guadalupe County Elections Department's
web -site linked to their website, must provide their web -site address to the Central County Station
Manager.
D. EA will prepare the unofficial canvass report after all precincts have been counted, and will deliver
a copy of the unofficial canvass to each participating authority as soon as possible after all returns
and provisional ballots have been tabulated, but in no event later than eight (8) days after the
election. Participating authority will be responsible for their official canvass of their respective
elections.
E. EA will be responsible for conducting the post election manual recount, unless a waiver is given
from the Secretary of State in accordance with Section 127.201 of the Texas Election Code.
Notification and copies of the recount, if waiver is denied, will be provided to each participating
authority and the Secretary of State's Office. Each political subdivision must notify the Elections
Office if waiver has been granted or denied twenty (20) days before the election.
10. ELECTION EXPENSES
A. The participating authority agrees to share the costs of administering the November 8, 2016 Joint
Election. A general supervisory fee not to exceed 10% of the total cost of the election shall be
assessed as authorized by the Texas Election Code, Sec. 31.100. Allocation of costs, unless
specifically stated otherwise, will be shared equally between the participating authorities. Any costs
for workers, supplies or equipment that is shared by participating parties will be divided equally.
The cost of any special request from participant, which is not agreed upon by all
authorities, shall be borne by that participant.
B. The expenses for early voting by mail and personal appearance will be paid equally by each
participating authority, unless otherwise amended.
C. Any estimate of election costs is strictly an estimate. Final election expenses will be determined
within 120 business days after the election. EA will provide each participating authority with a final
invoice of expenses.
11. ELECTION REPORTS
EA will be responsible for ensuring the delivery of the reports titled Early Voting Daily Vote Totals and
Daily Early Voter Listing (Alphabetical by precinct) to each participating authority each day of Early
Voting for the previous day's voting activity. On the day after the conclusion of Early Voting, a Daily
Early Voter Listing by precinct report inclusive of all days of Early Voting is to be delivered to each
participating authority. When possible, the Early Voters' reports will be delivered by electronic means
via e -mail, facsimile, or website.
12. RUNOFF ELECTION
In the event a runoff is necessary, the agreement will automatically be extended to cover the runoff.
The EA will provide the designated entity in the runoff election with an estimate of cost to conduct
participating authority's runoff.
13. NOTICE
Whenever this agreement requires any consent, approval notice, request or demand, it must be in
writing to be effective and shall be delivered to the party intended to receive it was shown below:
If to the Elections Administrator:
Lisa Adam
Guadalupe County Elections Administrator
215 S. Milam St.
Seguin, TX 78155
830 - 303 -6363
If to the Participating Authority:
Brenda Dennis, City Secretary
City of Schertz, Texas
1400 Schertz Parkway
Schertz, TX 78154
14. This contract may be executed in multiple originals.
NOVEMBER 8, 2016 JOINT CONTRACT ACCEPTANCE AND APPROVAL
Recommended for approval by:
LISA ADAM
Guadalupe County Elections Administrator
C"CE�)FED AND AG EED T BY CITY OF SCHERTZ:
ATTEST:
7
ATTACHMENT "A"
NOVEMBER 8, 2016
GENERAL AND SPECIAL ELECTIONS
Election Day Polling Locations
101 - 118 - 121 -122
McQueeney Lions Club, 3211 Hwy 78, McQueeney
102 - 111- 119 -123
Vogel Elementary School, 16121 FM 725, Seguin
103 - 104 -110
Remarkable Healthcare, 1339 Eastwood Dr., Seguin
105
Forest Hills Baptist Church, 8251 FM 1117, Seguin
106 -115- 120 -126-
127
Justice of the Peace Court, Pct 1, 2405 E. US Hwy 90, Seguin
107
Kingsbury United Methodist Church, 7035 FM 2438, Kingsbury
108
Staples Community Center, 9615 FM 621, Staples
109
Maranatha Fellowship Hall, 2356 S. Hwy. 80, Luling
112 -124 -125
Jackson Park Student Activity Center, 824 Fleming Dr., Seguin
113 - 114 -117
Grace Memorial Church, 3240 FM 725, New Braunfels
116
McQueeney VFW Post 9213, 275 Gallagher, McQueeney
201 - 212 - 218 -219
Knights of Columbus Hall, 1015 S. Austin Street, Seguin
202
Our Lady of Guadalupe Church Annex, 730 Guadalupe St. (corner of Krezdorn &
Guadalupe Sts.), Seguin
203- 209 -220
Westside Baptist Church, 1208 N. Vaughn St., Seguin
204
American Legion Hall, 618 E. Kingsbury, Seguin
205 - 214- 216 -226
Geronimo Community Center, 280 Navarro Dr., Geronimo, Texas 78155
206
St. Joseph's Mission, 5093 Redwood Rd., San Marcos
207 - 211 - 221 -224
The Silver Center, 510 E. Court St., Seguin
208 -213
Central Texas Technology Center, Room 118 Conference Room, 2189 FM 758, New
Braunfels
210 - 222 - 223 -225
Former City of Seguin - Guadalupe County Library, 707 E. College St., Seguin
215 -217
Living Waters Worship Center, 3325 N. State Highway 46, Seguin
301
Santa Clara City Hall, 1653 N. Santa Clara Rd., Santa Clara
302
William Malish Annex Professional Learning Center(formerly known as Marion Dolford
Learning Center), 200 W. Schlather Lane, Cibolo
303
Schertz Elections Office, 1101 Elbel Rd., Schertz
304
Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz
305
Selma City Hall, 9375 Corporate Dr., Selma
306
Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz
401
Immaculate Conception Catholic Church, 212 N. Barnett St., Marion
402
Schertz Community Center, 1400 Schertz Parkway, Schertz
403
Knights of Columbus Hall, 509 Schertz Pkwy., Schertz
404
Schertz Community Center North (formerly Northcliffe Fire Station), 3501 Morning Dr.,
Cibolo
405 -410
St. John's Lutheran Church, 606 S. Center St., Marion
406 -407
New Berlin Community Center 8815 FM 775, New Berlin
408
Klein Road Elementary School, 2620 W. Klein Road, New Braunfels
409
Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo
Polls Open from 7:00 a.m. to 7:00 p.m.
Lisa .Ada
Elections Administrator /Voter Registrar
315 S.1blilam Street, Seguin, Texas 78155 e wu yguaclalupe- electians.<arz e Phone: (830) 303- 6363 / Fax: (830) 303-6373
1101 Elhel Road, Schertz, TX 78154 Phone: (210) 945 -41991/ Fax: (210) 659 -1225
June 2' ), 2016
Brenda Dennis
City Secretary
City of Schertz
1400 Schertz Parkway
Schertz, TX 78154
Re: Joint Election. Agreement
Enclosed, please find the Joint Election Agreement for the November 8, 2016 Election. In order
for the Agreement to be taken to Commissioners Court in a timely manner, it is very important
that we receive a signed original by mail no later than August 8`l', 2016. If you would like an
original for your records as well, please include an additional signed original and a fully
executed original will be returned to you after approved by the Commissioners Court. If a copy
is sufficient, then a copy of the fully executed agreement will be emailed to you immediately
after approval. If the August 8th deadline cannot be met, please let me know as soon as
possible, since I must have signatures from all participating entities before taking the Joint
Agreement before Commissioners Court.
Please note that there has been an election day voting location change. This change may not
impact everyone, however, Election Day voting for Precinct 406 -407 has been moved from the
New Berlin City Hall to the New Berlin Community Center. This is a change to Election Day
only, and will not affect the New Berlin Early Voting Location.
Please don't hesitate to let me know if you have any questions or concerns.
Sincerely,
Lisa Adam
Elections Administrator
JOINT ELECTION AGREEMENT
AND
ELECTION SERVICE CONTRACT
BETWEEN
GUADALUPE COUNTY, TEXAS
AND
CITY OF CIBOLO, CITY OF SCHERTZ, CITY OF SEGUIN, SCHERTZ- CIBOLO- UNIVERSAL CITY
INDEPENDENT SCHOOL DISTRICT,SEGUIN INDEPENDENT SCHOOL DISTRICT, NAVARRO
INDEPENDENT SCHOOL DISTRICT, GREEN VALLEY SPECIAL UTILITY DISTRICT, CITY OF STAPLES,
CRYSTAL CLEAR SPECIAL UTILITY DISTRICT.
FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD
TUESDAY, NOVEMBER 8, 2016
This Joint Election Agreement and Election Service Contract is made this day of ,
2016, by and between Guadalupe County Elections Administrator, hereinafter referred to as "EA ", and the City
Of Cibolo, City Of Schertz, City of Seguin, Schertz - Cibolo- Universal City Independent School District, Seguin
Independent School District, Navarro Independent School District, Green Valley Special Utility District, Crystal
Clear Special Utility District and the City of Staples, hereinafter referred to as "Participating Authorities ".
WHEREAS, pursuant to Texas Election Code Section 271.002, governing bodies of political
subdivisions may enter into an agreement to hold joint elections in election precincts that can be served by
common polling places.
WHEREAS, the State and County General and Special Elections will be held on November 8, 2016, in
35 county voting locations. Parties to this agreement serve voters within some of the same boundaries and it
would be beneficial for them and the citizens and voters of their governing bodies to hold elections jointly.
NOW, THEREFORE, IT IS AGREED that a joint election will by EA and the Participating Authorities
under the following terms and conditions:
THIS AGREEMENT is subject to the written approval of all parties and shall not be binding on the
parties until such written approval is obtained.
THIS AGREEMENT will require the EA to be appointed the Joint Early Voting Clerk.
THIS AGREEMENT will require the Participating Authorities to use joint ballots, when applicable.
THIS AGREEMENT requires the Participating Authorities to share costs associated with this Joint
Election proportionally where polling places are shared by more than one entity.
THIS AGREEMENT requires the Participating Authorities to be responsible for ordering its own election
and publishing notice of the elections separately. The cost to publish the notices will be the responsibility of
each individual entity.
THIS AGREEMENT will require joint Early Voting and Election Day locations, dates, and times to be
used by the Participating Authorities.
THIS AGREEMENT will require the EA to tabulate the precinct results and canvassing separately for
each Participating Authority. The results will be delivered to each entity by email, facsimile or mail.
THIS AGREEMENT will require the EA to be responsible for the safekeeping of election records for this
joint election.
THIS AGREEMENT will require the EA to be responsible for performing the following duties and to
furnish the following services and equipment pursuant to the election services contract with Guadalupe County:
1. Recommend election judges, alternate judges and clerks.
2. Pay election judges and other election workers.
3. Procure and distribute all necessary election supplies.
4. Supply all necessary voting equipment; transport equipment to and from the polling locations, and
prepare the voting equipment for use at the polling locations.
5. Issue Writs of Election to the election judges appointed.
6. Perform early voting clerk duties.
7. Publish the legal notice of the date, time and place of the electronic tabulating equipment test and
conduct such test and provide copies to entities.
8. Arrange for the use of a central counting station and for the tabulating personnel needed at the
counting station and assist in the preparation of programs and the test materials for tabulation of the
ballots to be used with electronic voting equipment.
9. Assist in providing the general overall supervision of the election and will provide to the Canvassing
Authority the prescribed election records and reports as required when a central counting station is
used:
a. Canvassing Summary Report,
b. Accumulated totals Report of early voting and Election Day, and
c. Electronically submit results to the Secretary of State.
10. Ballot type: (for use with mail ballots.) Optical Scan
11. Ballot tabulating equipment to be used:
a. Premier Touch Screens,
b. Premier Optical Scan for paper ballots.
GENERAL CONDITIONS
1. EARLY VOTING
A. Lisa Adam, Elections Administrator, will be appointed as early voting clerk in compliance with
Sections 271.006 of the Texas Election Code. Other deputy early voting clerks will be appointed as
needed to process early voting mail and to conduct early voting at the main location and branch
locations. The names of Early Voting Clerks may be obtained from the EA.
B. Early voting by personal appearance will be conducted on weekdays beginning Monday, October
24, 2016, through Saturday, October 29, 2016, between 7:00 am and 7:00 pm; Sunday, October
30, 2016 between 1:00 pm and 6:00 pm and continuing Monday, October 31, 2016, through Friday,
November 4, 2016, between 7:00 am and 7:00 pm. Any qualified voter for the Joint Election may
vote early by personal appearance at either the main early voting location, branch locations, or
temporary branch locations.
MAIN EARLY VOTING POLLING PLACE
GUADALUPE COUNTY ELECTIONS OFFICE
215 South Milam Street
Seguin, TX 78155
BRANCH EARLY VOTING POLLING PLACES
CENTRAL TEXAS TECHNOLOGY CENTER
Room 118 Conference Room, 2189 FM 758
New Braunfels, TX 78130
2
GRACE MEMORIAL CHURCH
3240 FM 725
New Braunfels, TX 78130
NEW BERLIN CITY MALL
9180 'FM 775
New Berlin, TX
SCHERTZ ELECTIONS OFFICE ANNEX
1101 Elbel Road
Schertz, TX 78154
SEGUIN ISD ADMINISTRATION BLDG
1221 E. Kingsbury St.
Seguin, TX
SEL A CITY HALL
9375 Corporate Drive
Selma, TX
C. All requests for early voting ballots by mail that are received by participating authority will be
transported by runner on the day of receipt to the EA, 215 S. Milam St., Seguin, TX 78155, for
processing. Persons voting by mail will send their voted ballots to EA.
D. All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in
accordance with Section 87.001 of the Texas Election Code. EA will appoint members of the board
and provide a list of members to the participating authority upon request. Participating authority
agrees to appoint Sylvia Marmolejo as presiding judges of the early voting ballot board.
2. VOTING LOCATIONS
A. EA shall select and arrange for the use and of payment for all Election Day voting locations. Voting
locations will be the usual voting precincts in conducting county elections. The proposed locations
are listed in Attachment "A" of this Agreement. In the event a voting location is not available, the
EA will arrange for use of an alternate location and notify Participating Authorities.
1 JOINT ELECTION COSTS. PAYMENT
A. Costs. Each Participating Authority remains responsible for all costs associated with their
respective elections only.
B. Cancellation. In the event any of the parties to this Agreement cancel their election because of
unopposed candidates under Subchapter C of Title I of the Texas Election Code, the remaining
parties shall be responsible for their respective elections, including all associated costs. The
canceling party(s) shall be responsible for its respective share of election expenses incurred
through the date that the election is canceled as allocated to that Participating Authority. in that
event that a party cancels its election, the other parties shall continue to have access to the polling
locations.
If an election is to be canceled by one of the parties, notice will be given to all parties within two (2)
days of cancellation,
4. GENERAL PROVISIONS
A. Communication: Throughout the term of this Agreement, the Participating Authorities will engage in
ongoing communications concerning the conduct of the Joint Election and discuss and resolves any
problems which might arise regarding the Joint Election.
B. Effective Date: This Agreement takes effect upon the complete execution of this Agreement by all
Participating Authorities.
C. To the extent the geographical boundaries of the political subdivision extend into a county other
than Guadalupe County, Texas, the obligations of the EA contained in this contract are contingent
upon the political subdivision and /or the other county complying with all state or federal
requirements for the establishment of polling locations. With respect to election services for the
political subdivision provided by the EA relative to polling locations outside of Guadalupe County,
Texas, the EA's obligations herein are limited strictly to providing election services for the political
subdivision who is a signatory to this agreement.
5. RECORDS OF THE ELECTION
A. Lisa Adam, Elections Administrator, is hereby appointed general custodian of the voted ballots and
all records of the Joint Election as authorized by Section 217.010 of the Texas Election Code.
B. Access to the election records will be available to participating authority as well as to the public in
accordance with the Texas Public Information act, Chapter 552, Government Code, at the Elections
Department, 215 S. Milam St., Seguin, TX, at any time during normal business hours.
C. Records of the election will be retained and disposed of in accordance with the records retention
schedules which may have been adopted by each participating authority, and in accordance with
the provisions of Title 6, Subtitle C, Chapter 201 through 205, Texas Local Government Code,
including the minimum retention requirements established by the Texas State Library and Archives
Commission. If records of the election are involved in any pending election contest, investigation,
litigation, or Texas Public Information Act, EA shall maintain the records until final resolution or until
final judgment, whichever is applicable. It is the responsibility of the participating authority to bring
to the attention of the EA any notice of any pending election contest, investigation, litigation, or
Texas Public Information Act request which may be filed with a participating authority.
D. Upon request to maintain records beyond eligibility for preservation according with Section 66.058
of the Texas Election Code, EA shall supply a written cost estimate for storage to requesting
participant.
6. MISCELLANEOUS PROVISIONS
A. Venue and Choice of Law: Participating Authorities agree that venue for any dispute arising under
this Agreement will lie in the appropriate courts of Guadalupe County, Texas. This Agreement shall
be governed by and construed in accordance with the laws of the State of Texas and the United
States of America.
B. Entire Agreement: This Agreement contains the entire agreement of the parties relating to the
rights herein granted and the obligations herein assumed and supersede all prior agreements,
including prior election services contracts relating to each Participating Authority's November 8,
2016 election. Any prior agreements, promises, negotiations, or representations not expressly
contained in this Agreement are of no force and effect. Any oral representations or modifications
concerning this Agreement shall be of no force or effect, excepting a subsequent modification in
writing as provided herein.
C. Severability: If any provision of this Agreement is found to be invalid, illegal or unenforceable by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the
remaining provisions of this Agreement; and, parties to this Agreement shall perform their
obligations under this Agreement in accordance with the intent of the parties to this Agreement as
expressed in the terms and provisions of this Agreement.
D. Breach: In the event that any Participating Authority breaches any of its obligations under this
Agreement, the non - breaching party(s) shall be entitled to pursue any and all rights and remedies
allowed by law. Nothing in this Agreement shall be construed as a waiver of any immunity or
defense to which any Participating Authority is entitled under statutory or common law.
E. Other Instruments: The Participating Authorities agree that they will execute other and further
instruments or any documents as may become necessary or convenient to effectuate and carry out
the purposes of this Agreement.
F. Mediation: When mediation is acceptable to all parties in resolving a dispute arising under this
Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a
court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil
4
Practice and Remedies Code. Unless all parties are satisfied with the result of the mediation, the
mediation will not constitute a final and binding resolution of the dispute. All communications within
the scope of the mediation shall remain confidential as described in Section 154.023 of the Texas
Civil Practice and Remedies Code, unless all parties agree, in writing, to waive the confidentiality.
Notwithstanding the foregoing the parties intend to fully comply with the Texas Open Meetings Act
and the Texas Public Information Act, whenever applicable. The term "confidential' as used in this
Agreement has the same meaning as defined and construed under the Texas Public Information
Act and the Texas Open Meetings Act.
G. Amendment /Modification: Except as otherwise provided, this Agreement may not be amended,
modified, or changed in any respect whatsoever, except by a further Agreement in writing, duly
executed by the parties hereto. No official, representative, agent, or employee of any Participating
Authority has any authority to modify this Agreement except pursuant to such expressed
authorization as may be granted by the governing body of the respective Participating Authority.
H. Counterparts: This Agreement may be executed in multiple counterparts, all of which shall be
deemed originals and with the same effect as if all parties hereto had signed the same document.
All of such counterparts shall be construed together and shall constitute one and the same
Agreement.
7. ELECTION JUDGES, CLERKS AND OTHER ELECTION WORKERS
A. EA will be responsible for the appointment of the presiding judge and an alternate for each polling
location. EA shall arrange for the training and compensation of all presiding judges and clerks. The
names of Elections Judges may be obtained by contacting the EA. If a person is unable or
unwilling to serve, EA will name a judge for the precinct and notify participating authorities that are
affected by the change.
B. In compliance with the Federal Voting Rights Act of 1965, as amended, precincts containing more
than 5% Hispanic population, according to the 2000 census statistics, are required to have
interpreter assistance. If a presiding judge is not bilingual and is unable to locate a bilingual clerk,
EA may contact the participating authority who shall assist in locating a bilingual clerk.
C. EA is responsible for notifying all election judges of the eligibility requirements of Subchapter C of
Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election
judges appointed for the joint election are eligible to serve. The presiding judge, with the Elections
Office assistance, will be responsible for insuring the eligibility of each appointed clerk hired to
assist the judge in the conduct of the election.
D. EA will hold training classes on the use of voting equipment and election laws during October 1st
thru October 20th, 2016, at the Seguin Elections Office, 215 S. Milam Street, Seguin, TX. Additional
training classes may be scheduled as needed. Election judges will be notified of additional training
sessions. No election judges will be appointed unless he /she has attended an election judge
training session taught by the Elections Office in the past eighteen (18) months.
E. The election judges are responsible for picking up election supplies at the time and place
determined by EA (which will be set forth in the election judge letter requesting service for this
election). Each election judge will receive $10.00 per hour and each clerk will receive $9.00 per
hour. The election judge will receive an additional $25.00 for picking up the election supplies prior
to Election Day and for delivering election returns and supplies to their designated regional drop off
site. Election judges and clerks attending a training class on Election Law Procedures will receive a
one -time stipend of $15.00 for the completion of the course and working on Election Day.
F. EA will employ other personnel, if necessary, for the proper administration of the election, including
such part -time help to prepare for the election, to ensure the timely delivery of supplies and
equipment during the period of early voting and on Election Day, and for the efficient tabulation of
ballots at the central counting station. Part -time personnel working in support of the central
counting station and regional sites on election night will receive pay for at least four hours, minimum
call for service, regardless of the actual hours worked.
8. SUPPLIES AND PRINTING
A. EA will arrange for all election supplies and election printing, including, but not limited to, all forms,
signs and other materials used by the election judges at the voting locations.
B. EA will provide maps, if necessary, instructions and other information needed to enable the election
judges to conduct a proper election.
C. Participating authorities shall furnish to EA a list of candidates and /or propositions showing the
order and the exact manner in which their candidate names and/or propositions are to appear on
the official ballot in both English and Spanish. The list will be delivered to EA as soon as possible
after ballot positions have been determined by the participating authority. Participating authority will
be responsible for proofreading and approving the ballot in so far as it pertains to the authority's
candidates and /or propositions.
9. RETURNS OF ELECTIONS
A. EA will be responsible for establishing and operating the central counting station to receive and
tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
B. Participating authority hereby, in accordance with Section 127.002, 127.003 and 127.005 of the
Texas Election Code, appoint the following central counting station officials.
Manager Lisa Adam
Guadalupe County Elections Administrator
Tabulating Supervisor Missy Doss
Guadalupe County Assistant Elections Administrator
Presiding Judge Sylvia Marmolejo
Guadalupe County Deputy Elections Clerk
C. The manager or representative will deliver timely cumulative reports of the election results as
precincts are tabulated. The manager will be responsible for releasing cumulative totals and
precinct returns from the election to the joint participants, candidates, press, and general public by
distribution of hard copies or electronic transmittals (where accessible). Participating authority,
upon request, may require release of returns by given only at a specified location other than from
the result center. Participating entity that would like the Guadalupe County Elections Department's
web -site linked to their website, must provide their web -site address to the Central County Station
Manager.
D. EA will prepare the unofficial canvass report after all precincts have been counted, and will deliver
a copy of the unofficial canvass to each participating authority as soon as possible after all returns
and provisional ballots have been tabulated, but in no event later than eight (8) days after the
election. Participating authority will be responsible for their official canvass of their respective
elections.
E. EA will be responsible for conducting the post election manual recount, unless a waiver is given
from the Secretary of State in accordance with Section 127.201 of the Texas Election Code.
Notification and copies of the recount, if waiver is denied, will be provided to each participating
authority and the Secretary of State's Office. Each political subdivision must notify the Elections
Office if waiver has been granted or denied twenty (20) days before the election.
10. ELECTION EXPENSES
A. The participating authority agrees to share the costs of administering the November 8, 2016 Joint
Election. A general supervisory fee not to exceed 10% of the total cost of the election shall be
assessed as authorized by the Texas Election Code, Sec. 31.100. Allocation of costs, unless
specifically stated otherwise, will be shared equally between the participating authorities. Any costs
for workers, supplies or equipment that is shared by participating parties will be divided equally.
The cost of anv special reauest from a participant, which is not agreed upon by all
authorities, shall be borne by that participant.
B. The expenses for early voting by mail and personal appearance will be paid equally by each
participating authority, unless otherwise amended.
Ce
C. Any estimate of election costs is strictly an estimate. Final election expenses will be determined
within 120 business days after the election. EA will provide each participating authority with a final
invoice of expenses.
11. ELECTION REPORTS
EA will be responsible for ensuring the delivery of the reports titled Early Voting Daily Vote Totals and
Daily Early Voter Listing (Alphabetical by precinct) to each participating authority each day of Early
Voting for the previous day's voting activity. On the day after the conclusion of Early Voting, a Daily
Early Voter Listing by precinct report inclusive of all days of Early Voting is to be delivered to each
participating authority. When possible, the Early Voters' reports will be delivered by electronic means
via e-mail, facsimile, or website.
12. RUNOFF ELECTION
In the event a runoff is necessary, the agreement will automatically be extended to cover the runoff.
The EA will provide the designated entity in the runoff election with an estimate of cost to conduct
participating authority's runoff.
13. NOTICE
Whenever this agreement requires any consent, approval notice, request or demand, it must be in
writing to be effective and shall be delivered to the party intended to receive it was shown below:
If to the Elections Administrator:
Lisa Adam
Guadalupe County Elections Administrator
215 S. Milam St.
Seguin, TX 78155
830 - 303 -6363
If to the Participating Authority:
Brenda Dennis, City Secretary
City of Schertz, Texas
1400 Schertz Parkway
Schertz, TX 78154
14. This contract may be executed in multiple originals.
NOVEMBER 8, 2016 JOINT CONTRACT ACCEPTANCE AND APPROVAL
Recommended for approval by:
LISA ADAM
Guadalupe County Elections Administrator
AC AND A ED _G TO BY CITY OF SCHERTZ:
ATTACHMENT "A„
NOVEMBER
Election Day Polling Locations
101 -118- 121 -122
McQueeney Lions Club, 3211 Hwy 78, McQueeney
102- 111- 119 -123
Vogel Elementary School, 16121 FM 725, Seguin
103 - 104 -110
Remarkable Healthcare, 1339 Eastwood Dr., Seguin
105
Forest Hills Baptist Church, 8251 FM 1117, Seguin
106- 115 -120 -126-
127
Justice of the Peace Court, Pct 1, 2405 E. US Hwy 90, Seguin
107
Kingsbury United Methodist Church, 7035 FM 2438, Kingsbury
108
Staples Community Center, 9615 FM 621, Staples
109
Maranatha Fellowship Hall, 2356 S. Hwy. 80, Luling
112- 124 -125
Jackson Park Student Activity Center, 824 Fleming Dr., Seguin
113- 114 -117
Grace Memorial Church, 3240 FM 725, New Braunfels
116
McQueeney VFW Post 9213, 275 Gallagher, McQueeney
201- 212 -218 -219
Knights of Columbus Hall, 1015 S. Austin Street, Seguin
202
Our Lady of Guadalupe Church Annex, 730 Guadalupe St. (corner of Krezdorn &
Guadalupe Sts.), Seguin
203 -209 -220
Westside Baptist Church, 1208 N. Vaughn St., Seguin
204
American Legion Hall, 618 E. Kingsbury, Seguin
205 -214- 216 -226
Geronimo Community Center, 280 Navarro Dr., Geronimo, Texas 78155
206
St. Joseph's Mission, 5093 Redwood Rd., San Marcos
207 -211- 221 -224
The Silver Center, 510 E. Court St., Seguin
208 -213
Central Texas Technology Center, Room 118 Conference Room, 2189 FM 758, New
Braunfels
21.0- 222 - 223 -225
Former City of Seguin - Guadalupe County Library, 707 E. College St., Seguin
215 -217
I Living Waters Worship Center, 3325 N. State Highway 46, Seguin
301
Santa Clara City Hall, 1653 N. Santa Clara Rd., Santa Clara
302
! William Malish Annex Professional Learning Center(formerly known as Marion Dolford
Learning Center), 200 W. Schlather Lane, Cibolo
303
Schertz Elections Office, 1101 Elbe[ Rd., Schertz
304
Schertz United Methodist Church; 3460 Roy Richard Dr., Schertz
305
Selma City Hall, 9375 Corporate Dr., Selma
306
Crosspoint Fellowship Church, 2600 Roy Richard. Drive, Schertz
401
Immaculate Conception Catholic Church, 212 N. Barnett St., Marion
402
Schertz Community Center, 1400 Schertz Parkway, Schertz
403
Knights of Columbus Hall, 509 Schertz Pkwy., Schertz
404
Schertz Community Center North (formerly Northcliffe Fire Station), 3501 Morning Dr„
Cibolo
405 -410
St. John's Lutheran Church, 606 S. Center St., Marion
406 -407
New Berlin Community Center 8815 FM 775, New Berlin
408
Klein Road Elementary School, 2620 W. Klein Road, New Braunfels
409
Elaine S. Schlather intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo
•.- �� . KEE=
THE STATE OF TEXAS }
}
COUNTY OF GUADALUPE)
THIS CONTRACT made by and between Guadalupe County, a body corporate and
politic under the laws of the State of Texas, hereinafter referred to as "County," and City of
Schertz, Texas, hereinafter referred to as "Political Subdivision," pursuant to Texas Election
Code Sections 31.092(a) for an election to be held on November 8, 2016, which lies partially in
Guadalupe, Comal and Bexar Counties. Said election for the Political Subdivision lying in
Guadalupe County and Comal County will be administered by Lisa Adam, Elections
Administrator, hereinafter referred to as "Elections Administrator ".
Said Political Subdivision is holding a General and Special Election, at their expense on
November 8, 2016.
The County owns an electronic voting system, the Diebold Touch Screens for Early
Voting and Election Day voting and Diebold Optical Scan for paper mail ballots, which has been
duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as
amended, and is compliant with the accessibility requirements set forth by Texas Election Code
Section 61.012. Political Subdivision desires to use the County's electronic voting system and to
compensate the County for such use.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and
benefits to the parties, IT IS AGREED as follows:
I. ADMINISTRATION
The Elections Administrator of Guadalupe County shall coordinate, supervise, and handle
all aspects of administering the Election as provided in this Contract. Political Subdivision agrees
to pay Guadalupe County for equipment, supplies, services, and administrative costs as provided
in this Contract. The Elections Administrator shall serve as the administrator for the Election;
however, the Political Subdivision shall remain responsible for the decisions and actions of its
officers necessary for the lawful conduct of its election. The Elections Administrator shall
provide advisory services in connection with decisions to be made and actions to be taken by the
officers of the Political Subdivision.
It is understood that other political subdivisions may wish to participate in the use of the
County's electronic voting system and polling places, and it is agreed that Guadalupe County
and the Elections Administrator may enter into other contracts for election services for those
purposes on terms and conditions generally similar to those set forth in this contract. Political
Subdivision agrees that other political subdivisions that may have territory located partially or
wholly within the boundaries of Political Subdivision, and in such case all parties sharing
common territory shall enter into a Joint Election Agreement and share a joint ballot on the
county's electronic voting system at the applicable polling places. In such cases, costs shall be
divided among the participants.
At each polling location, joint participants shall share voting equipment and supplies to
the extent possible. The participating parties shall share a mutual ballot in those precincts where
jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot
containing an office or proposition stating a measure on which the voter is ineligible to vote.
Multiple ballot styles shall be available in those shared polling places where jurisdictions do not
overlap.
II. LEGAL DOCUMENTS
Political Subdivision shall be responsible for the preparation, adoption, and publication of
all required election orders, resolutions, notices, and any other pertinent documents required by
the Texas Election Code and /or Political Subdivision's governing body, charter, or ordinances.
Preparation of the necessary materials for notices and the official ballot shall be the
responsibility of the Political Subdivision, including translation to languages other than English.
Political Subdivision shall provide a copy of their election order and notice to the Elections
Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall arrange for the use of all Election Day voting locations.
Voting locations will be the County's usual voting locations. In the event a voting location is not
available, the Elections Administrator will arrange for use of an alternate location with the
approval of the Political Subdivision. The Elections Administrator shall arrange for the use of the
two Comal County voting locations for the Political Subdivision.
If polling places are different from the polling place(s) used by Political Subdivision in
it's most recent election, Political Subdivision agrees to post a notice no later than the day before
the election, at the entrance to any previous polling places in the jurisdiction stating that the
polling location has changed and stating the political subdivision's polling place names and
addresses in effect for election.
All obligations of the Elections Administrator contained in this contract with respect to
polling locations shall be limited to the provision of polling locations located within the
geographical boundaries of Guadalupe County, Texas. The Elections Administrator has agreed to
contact the authority in Comal County to arrange for the use of Precincts 202 and 301 Election
Day polling locations in Comal County.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Elections Administrator shall recommend election judges, alternate judges and clerks.
Upon request by the Elections Administrator, Political Subdivision agrees to assist in recruiting
polling place officials who are bilingual (fluent in both English and Spanish).
The Elections Administrator shall notify all election judges of the eligibility requirements
of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to
insure that all election judges appointed for the Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all
election judges and clerks. The Elections Administrator shall arrange for the date, time, and
place for presiding election judges to pick up their election supplies. Each presiding election
judge will be sent a letter from the Elections Administrator notifying him/her of their
appointment, the time and location of training and distribution of election supplies, and the
number of election clerks that the presiding judge may appoint.
Each election judge and clerk will receive compensation at an hourly rate established by
Guadalupe County pursuant to Texas Election Code Section 32.091. (Election Judge and
Alternate Judge - $10/hour; Clerks -$9 /hour; Early Voting Clerks- $9.15/hour) The Election Judge
will receive an additional sum of $25.00 for picking up the election supplies prior to Election
Day and for returning the supplies and equipment to the central counting station after the polls
close. In addition, all workers receive a $15 flat rate compensation for mandatory training.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment
including, but not limited to official ballots, sample ballots, voter registration lists, and all forms,
signs and other materials used by the election judges at the voting locations. The Elections
Administrator shall provide the necessary voter registration information, instructions, and other
information needed for the election. If General maps are needed for a particular Political
Subdivision, the Election Administrator will order the maps and pass that charge on to that
particular Political Subdivision.
Political Subdivision shall furnish the Elections Administrator a list of candidates and /or
propositions showing the order and the exact manner in which the candidate names and /or
proposition(s) are to appear on the official ballot (including titles and text in each language in
which the authority's ballot is to be printed). This list shall be delivered to the Elections
Administrator as soon as possible after ballot positions have been determined by each of the
participating authorities. Said list shall be provided to the Elections Administrator by the date set
out in the published Election Calendar provided by the Secretary of State. Each participating
authority shall be responsible for proofreading and approving the ballot insofar as it pertains to
that authority's candidates and /or propositions.
It is agreed by all parties that at all times and for all purposes hereunder, all election
judges, clerks, and all other personnel involved in this election are independent contractors and
are not employees or agents of the County or Political Subdivision. No statement contained in
this Contract shall be construed so as to find any judge, clerk, or any other election personnel an
employee or agent of the County or Political Subdivision, and no election personnel shall be
entitled to the rights, privileges, or benefits of County or Political Subdivision employees except
as otherwise stated herein, nor shall any election personnel hold himself out as an employee or
agent of the County or Political Subdivision, unless considered a county employee as determined
by the Guadalupe County Human Resources Department.
VI. EARLY VOTING
Political Subdivision agrees to appoint the Elections Administrator as the Early Voting
Clerk. Political Subdivision also agrees to appoint the Elections Administrator's permanent
county employees as deputy early voting clerks. Political Subdivision further agrees that the
Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of
early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Guadalupe County pursuant to Section 83.052 of the Texas
Election Code ($9.15 /hour). Early Voting by personal appearance will be held at the locations,
dates, and times determined by Political Subdivision. Any qualified voter of the Election may
vote early by personal appearance at any one of the early voting locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early
voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election
Code. Any requests for early voting ballots to be voted by mail received by the Political
Subdivision shall be forwarded immediately by fax or courier to the Elections Administrator for
processing.
The Elections Administrator shall, upon request, provide the Political Subdivision a copy
of the early voting report on a daily basis and a cumulative final early voting report following the
election.
VII. EARLY VOTING BALLOT BOARD
Elections Administrator shall appoint an Early Voting Ballot Board (EVBB) to process
early voting results from the Election. The Presiding Judge, with the assistance of the Elections
Administrator, may appoint two or more additional members to constitute the EVBB. The
Elections Administrator shall determine the number of EVBB members required to efficiently
process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the
central counting station to receive and tabulate the voted ballots in accordance with the
provisions of the Texas Election Code and of this Contract.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and
127.005 of the Texas Election Code, appoint the following central counting station officials:
Counting Station Manager: Lisa Adam
Tabulation Supervisor: Missy Doss
Presiding Judge: _Sylvia MarmoleLo
The Elections Administrator will prepare the unofficial canvass reports after all precincts
have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision
as soon as possible after all returns have been tabulated. All participating authorities shall be
responsible for the official canvass of their respective elections.
X. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF
ELECTION
Political Subdivision may withdraw from this Contract should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code, or should it be later ruled
that the election is not needed. Political Subdivision is fully liable for any expenses incurred by
Guadalupe County on behalf of Political Subdivision. Any monies deposited with the county by
the withdrawing authority shall be refunded, minus the aforementioned expenses.
XI. RECORDS OF THE ELECTION
Voted ballots and all records of the Election will be given to the Political Subdivision to
be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas
Elections Code. However, if the Political Subdivision enters into a Joint Election Agreement
with another political subdivision, the Elections Administrator is hereby appointed general
custodian of the voted ballots and all records of the Election as authorized by Section 271.010 of
the Texas Election.
Access to the election records shall be available to each participating authority as well as
to the public in accordance with applicable provisions of the Texas Election Code and the Texas
Public Information Act. The election records shall be stored at the offices of the Elections
Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the
provisions of Section 66.058 of the Texas Election Code. If records of the election are involved
in any pending election contest, investigation, litigation, or open records request, the Elections
Administrator shall maintain the records until final resolution or until final judgment, whichever
is applicable. It is the responsibility of each participating authority to bring to the attention of the
Elections Administrator any notice of pending election contest, investigation, litigation or open
records request which may be filed with the participating authority.
XII. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. Political
Subdivision agrees that any recount shall take place at the offices of the Elections Administrator,
and that the Elections Administrator shall serve as Recount Supervisor and the Political
Subdivision's official or employee who performs the duties of a secretary under the Texas
Election Code shall serve as Recount Coordinator.
The Elections Administrator agrees to provide advisory services to the District as
necessary to conduct a proper recount.
XIII. MISCELLANEOUS PROVISIONS
The Elections Administrator shall file copies of this document with the Guadalupe
County Treasurer and the Guadalupe County Auditor in accordance with Section 31.099 of the
Texas Election Code.
In the event that legal action is filed contesting Political Subdivision's election under
Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own
expense, legal counsel for the County, the Elections Administrator, and additional election
personnel as necessary.
Nothing in this contract prevents any party from taking appropriate legal action against
any other party and /or other election personnel for a breach of this contract or a violation of the
Texas Election Code.
The parties agree that under the Constitution and laws of the State of Texas, neither
Guadalupe County nor Political Subdivision can enter into an agreement whereby either party
agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any,
to indemnifying or holding or saving harmless for any reason are hereby deleted.
This Contract shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Guadalupe County,
Texas and the two (2) precincts in Comal County, Texas.
In the event of one of more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof and this Contract shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained herein.
All parties shall comply with all applicable laws, ordinances, and codes of the State of
Texas, all local governments, and any other entities with local jurisdiction.
The waiver by any parry of a breach of any provision of this Contract shall not operate as
or be construed as a waiver of any subsequent breach.
Any amendments of this Contract shall be of no effect unless in writing and signed by all
parties hereto.
IN TESTIMONY HEREOF, this Contract, its multiple originals all of equal force, has
been executed on behalf of the parties hereto as follows, to -wit:
1. It has on this day of
2016, been executed on behalf of
Guadalupe County by the Elections Administrator pursuant to the Texas Election Code so
authorizing; and ``rr,,
2. It has on this r9 "'may of , 2016, been executed on behalf of the
Political Subdivision by its Presiding O c r or au#1orized representative, pursuant to an action
of the Political Subdivision so authorizing.
GUADALUPE COUNTY, TEXAS
LISA ADAM
Elections Administrator
ATTEST:
City of Schei
B
esid' !Officer /Authorized Representative
THE STATE OF TEXAS }
}
COUNTY OF GUADALUPEI
CONTRACT FOR ELECTION SERVICES
THIS CONTRACT made by and between Guadalupe County, a body corporate and
politic under the laws of the State of Texas, hereinafter referred to as "County," and City of
Schertz, Texas, hereinafter referred to as "Political Subdivision," pursuant to Texas Election
Code Sections 31.092(a) for an election to be held on November 8, 2016, which lies partially in
Guadalupe, Comal and Bexar Counties. Said election for the Political Subdivision lying in
Guadalupe County and Comal County will be administered by Lisa Adam, Elections
Administrator, hereinafter referred to as "Elections Administrator ".
Said Political Subdivision is holding a General and Special Election, at their expense on
November 8, 2016.
The County owns an electronic voting system, the Diebold Touch Screens for Early
Voting and Election Day voting and Diebold Optical Scan for paper mail ballots, which has been
duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as
amended, and is compliant with the accessibility requirements set forth by Texas Election Code
Section 61.012. Political Subdivision desires to use the County's electronic voting system and to
compensate the County for such use.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and
benefits to the parties, IT IS AGREED as follows:
I. ADMINISTRATION
The Elections Administrator of Guadalupe County shall coordinate, supervise, and handle
all aspects of administering the Election as provided in this Contract. Political Subdivision agrees
to pay Guadalupe County for equipment, supplies, services, and administrative costs as provided
in this Contract. The Elections Administrator shall serve as the administrator for the Election;
however, the Political Subdivision shall remain responsible for the decisions and actions of its
officers necessary for the lawful conduct of its election. The Elections Administrator shall
provide advisory services in connection with decisions to be made and actions to be taken by the
officers of the Political Subdivision.
It is understood that other political subdivisions may wish to participate in the use of the
County's electronic voting system and polling places, and it is agreed that Guadalupe County
and the Elections Administrator may enter into other contracts for election services for those
purposes on terms and conditions generally similar to those set forth in this contract. Political
Subdivision agrees that other political subdivisions that may have territory located partially or
wholly within the boundaries of Political Subdivision, and in such case all parties sharing
common territory shall enter into a Joint Election Agreement and share a joint ballot on the
county's electronic voting system at the applicable polling places. In such cases, costs shall be
divided among the participants.
At each polling location, joint participants shall share voting equipment and supplies to
the extent possible. The participating parties shall share a mutual ballot in those precincts where
jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot
containing an office or proposition stating a measure on which the voter is ineligible to vote.
Multiple ballot styles shall be available in those shared polling places where jurisdictions do not
overlap.
I1. LEGAL DOCUMENTS
Political Subdivision shall be responsible for the preparation, adoption, and publication of
all required election orders, resolutions, notices, and any other pertinent documents required by
the Texas Election Code andlor Political Subdivision's governing body, charter, or ordinances.
Preparation of the necessary materials for notices and the official ballot shall be the
responsibility of the Political Subdivision, including translation to languages other than English.
Political Subdivision shall provide a copy of their election order and notice to the Elections
Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall arrange for the use of all Election Day voting locations.
Voting locations will be the County's usual voting locations. In the event a voting location is not
available, the Elections Administrator will arrange for use of an alternate location with the
approval of the Political Subdivision. The Elections Administrator shall arrange for the use of the
two Comal County voting locations for the Political Subdivision.
If polling places are different from the polling place(s) used by Political Subdivision in
it's most recent election, Political Subdivision agrees to post a notice no Later than the day before
the election, at the entrance to any previous polling places in the jurisdiction stating that the
polling location has changed and stating the political subdivision's polling place names and
addresses in effect for election.
All obligations of the Elections Administrator contained in this contract with respect to
polling locations shall be limited to the provision of polling locations located within the
geographical boundaries of Guadalupe County, Texas. The Elections Administrator has agreed to
contact the authority in Comal County to arrange for the use of Precincts 202 and 301 Election
Day polling locations in Comal County.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Elections Administrator shall recommend election judges, alternate judges and clerks.
Upon request by the Elections Administrator, Political Subdivision agrees to assist in recruiting
polling place officials who are bilingual (fluent in both English and Spanish)
The Elections Administrator shall notify all election judges of the eligibility requirements
of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to
insure that all election judges appointed for the Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all
election judges and clerks. The Elections Administrator shall arrange for the date, time, and
place for presiding election judges to pick up their election supplies. Each presiding election
judge will be sent a letter from the Elections Administrator notifying him /her of their
appointment, the time and location of training and distribution of election supplies, and the
number of election clerks that the presiding judge may appoint.
Each election judge and clerk will receive compensation at an hourly rate established by
Guadalupe County pursuant to Texas Election Code Section 32.091. (Election Judge and
Alternate Judge - $10/hour; Clerks -$9 /hour; Early Voting Clerks- $9.15/hour) The Election Judge
will receive an additional sum of $25.00 for picking up the election supplies prior to Election
Day and for returning the supplies and equipment to the central counting- station after the polls
close. In addition, all workers receive a $15 flat rate compensation for mandatory training.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPNIENT
The Elections Administrator shall arrange for all election supplies and voting equipment
including, but not limited to official ballots, sample ballots, voter registration lists, and all fonns,
signs and other materials used by the election judges at the voting locations. The Elections
Administrator shall provide the necessary voter registration information, instructions, and other
information needed for the election. If General maps are needed for a particular Political
Subdivision, the Election Administrator will order the maps and pass that charge on to that
particular Political Subdivision.
Political Subdivision shall furnish the Elections Administrator a list of candidates and /or
propositions showing the order and the exact manner in which the candidate names and /or
proposition(s) are to appear on the official ballot (including titles and text in each language in
which the authority's ballot is to be printed). This list shall be delivered to the Elections
Administrator as soon as possible after ballot positions have been determined by each of the
participating authorities. Said list shall be provided to the Elections Administrator by the date set
out in the published Election Calendar provided by the Secretary of State. Each participating
authority shall be responsible for proofreading and approving the ballot insofar as it pertains to
that authority's candidates and/or propositions.
It is agreed by all parties that at all times and for all purposes hereunder, all election
judges, clerks, and all other personnel involved in this election are independent contractors and
are not employees or agents of the County or Political Subdivision. No statement contained in
this Contract shall be construed so as to find any judge, clerk, or any other election personnel an
employee or agent of the County or Political Subdivision, and no election personnel shall be
entitled to the rights, privileges, or benefits of County or Political Subdivision employees except
as otherwise stated herein, nor shall_ any election personnel hold himself out as an employee. or
agent of the County or Political Subdivision, unless considered a county employee as determined
by the Guadalupe County Iluman Resources Department.
VI. EARLY VOTING
Political Subdivision agrees to appoint the Elections Administrator as the Early Voting
Clerk. Political Subdivision also agrees to appoint the Elections Administrator's permanent
county employees as deputy early voting clerks. Political Subdivision further agrees that the
Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of
early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Guadalupe County pursuant to Section 83.052 of the Texas
Election Code ($9.15/hour). Early Voting by personal appearance will be held at the locations,
dates, and times determined by Political Subdivision. Any qualified voter of the Election may
vote early by personal appearance at any one of the early voting locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early
voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election
Code. Any requests for early voting ballots to be voted by mail received by the Political
Subdivision shall be forwarded immediately by fax or courier to the Elections Administrator for
processing.
The Elections Administrator shall, upon request, provide the Political Subdivision a copy
of the early voting report on a daily basis and a cumulative final early voting report following the
election.
VII. EARLY VOTING BALLOT BOARD
Elections Administrator shall appoint an Early Voting Ballot Board (EVBB) to process
early voting results from the Election. The Presiding Judge, with the assistance of the Elections
Administrator, may appoint two or more additional members to constintte the EVBB. The
Elections Administrator shall determine the number of EVBB members required to efficiently
process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the
central counting station to receive and tabulate the voted ballots in accordance with the
provisions of the Texas Election Code and of this Contract.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and
127.005 of the Texas Election Code, appoint the following central counting station officials:
Counting Station Manager: Lisa Adam_ _
Tabulation Supervisor: Missy Doss
Presiding Judge: Sylvia Marmoleio
The Elections Administrator will prepare the unofficial canvass reports after all precincts
have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision
as soon as possible after all returns have been tabulated. All participating authorities shall be
responsible for the official canvass of their respective elections.
X. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF
ELECTION
Political Subdivision may withdraw from this Contract should it cancel its election in
accordance with Sections 2.051 - 2.05' ) of the Texas Election Code, or should it be later ruled
that the election is not needed. Political Subdivision is fully liable for any expenses incurred by
Guadalupe County on behalf of Political Subdivision. Any monies deposited with the county by
the withdrawing authority shall be refunded, minus the aforementioned expenses.
XI. RECORDS OF THE ELECTION
Voted ballots and all records of the Election will be given to the Political Subdivision to
be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas
Elections Code. However, if the Political Subdivision enters into a Joint Election Agreement
with another political subdivision, the Elections Administrator is hereby appointed general
custodian of the voted ballots and all records of the Election as authorized by Section 271.010 of
the Texas Election.
Access to the election records shall be available to each participating authority as well as
to the public in accordance with applicable provisions of the Texas Election Code and the Texas
Public Information Act. The election records shall be stored at the offices of the Elections
Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the
provisions of Section 66.058 of the Texas Election Code. If records of the election are involved
in any pending election contest, investigation, litigation, or open records request, the Elections
Administrator shall maintain the records until final resolution or until final judgment, whichever
is applicable. It is the responsibility of each participating authority to bring to the attention of the
Elections Administrator any notice of pending election contest, investigation, litigation or open
records request which may be filed with the participating authority.
XII. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. Political
Subdivision agrees that any recount shall take place at the offices of the Elections Administrator,
and that the Elections Administrator shall serve as Recount Supervisor and the Political
Subdivision's official or employee who performs the duties of a secretary, under the Texas
Election Code shall serve as Recount Coordinator.
The Elections Administrator agrees to provide advisory services to the District as
necessary to conduct a proper recount.
XIII. MISCELLANEOIiS PROVISIONS
The Elections Administrator shall file copies of this document with the Guadalupe
County Treasurer and the Guadalupe County Auditor in accordance with Section 31.099 of the
Texas Election Code.
In the event that legal action is filed contesting Political Subdivision's election under
Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its Own
expense, legal counsel for the County, the Elections Administrator, and additional election
personnel as necessary.
Nothing in this contract prevents any party from taking appropriate legal action against
any other party and/or other election personnel for a breach of this contract or a violation of the
Texas Election Code.
The parties agree that under the Constitution and Iaws of the State of Texas, neither
Guadalupe County nor Political Subdivision can enter into an agreement whereby either party
agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any,
to indemnifying or holding or saving harmless for any reason are hereby deleted.
This Contract shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Guadalupe County,
Texas and the two (2) precincts in Comal County, Texas.
In the event of one of more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof and this Contract shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained herein.
All parties shall comply with all applicable laws, ordinances, and codes of the State of
Texas, all local governments, and any other entities with local jurisdiction.
The waiver by any party of a breach of any provision of this Contract shall not operate as
or be construed as a waiver of any subsequent breach.
Any amendments of this Contract shall be of no effect unless in writing and signed by all
parties hereto.
IN TESTIMONY HEREOF, this Contract, its multiple originals all of equal force, has
been executed on behalf of the parties hereto as follows, to -wit:
1. It has on this J day of 2016, been executed on behalf of
Guadalupe County by the EIections Administr or pursuant to the Texas Election Code so
authorizing; and
2. It has on this k-� day of �Jt - , 2016, been executed on behalf of the
Political Subdivision by its Presiding Officer authorized representative, pursuant to an action
of the Political Subdivision so authorizing.
GUADALUPE COUNTY, TEXAS
By: %)
SA ADAM
Elections Administrator
ATTEST:
City of Sche
B
i ing icer /Authorized Representative