HomeMy WebLinkAboutResolution - 2014-R0034 - Joint Elections Contract - 01/23/2014RESOLUTION NO.
WHEREAS, Chapter 31, Subchapter D, of the Texas Election Code authorizes the
County's election officer to contract with the governing body of a political subdivision
for joint election services in an election ordered by the political subdivision; and
WHEREAS, Chapter 271 of the Texas Election Code provides for joint elections
when an election is required upon the same day by two or more political subdivisions
occupying all or a part of the same territory; and
WHEREAS, the City of Lubbock desires to contract with the Lubbock County
election officer for election services for City elections; and
WHEREAS, several other political subdivisions within Lubbock County also are
conducting elections on the same day and are also contracting with the Lubbock County
election official for election services; and
WHEREAS, the City of Lubbock desires to conduct joint elections whenever
possible with Lubbock County or with such governmental units of Lubbock County as
are eligible and desire to conduct a joint election with the City of Lubbock as expressed
by order, resolution or other official action for each particular uniform election date
during the term of the contract; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, the attached Contract for Election
Services, by and between the City of Lubbock and the County of Lubbock, for election
services during the calendar year 2014, and all related documents. Said Contract is
attached hereto and incorporated in this resolution as if frilly set forth herein and shall be
included in the minutes of the City Council; and
THAT "associated documents" include the Appointment of Bilingual Election
Clerks and the list of Supervisors and Rovers for Election Day, May 10, 2014.
THAT the said Contract for Elections Services shall be deemed a joint election
agreement authorized by this Resolution with Lubbock County and those governmental
units within Lubbock County that have executed a similar Contract for Election
Services; that occupy all or part of the same territory as the City of Lubbock; that are
conducting elections on the same uniform election dates; and that desire and are eligible
to conduct a joint election with the City of Lubbock; and
THAT the use of Countywide Polling Places is hereby authorized for elections held
on the uniform election date and any associated run-off elections; and
THAT the City Secretary is hereby authorized and directed to make any necessary
changes to the Election Notice/Order exhibits or otherwise to take such actions as may
be necessary to carry out the purposes of this Resolution.
Passed by the City Council this 23rd day of January , 2014.
ATTEST:
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RebecAGarza, City Secretary
APPROVED AS TO CONTENT:
Rebe ca Garza, City Secretary
APPROVED -AS TO FORM:
Res.2104 Joint Election Resolution
1.8.14
Resolution No. 2014-R0034
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
CONTRACT FOR ELECTION SERVICES WITH LUBBOCK COUNTY, TEXAS
FOR ALL JOINT ELECTIONS IN CALENDAR YEAR 2014
THIS CONTRACT made by and between LUBBOCK COUNTY, TEXAS, acting by and
through Dorothy Kennedy, Lubbock County Elections Administrator, hereinafter referred to as "The
Elections Administrator" (who has been duly qualified and bonded as provided for under law) and
CITY OF LUBBOCK, a governmental entity organized under the laws of the State of Texas,
hereinafter referred to as the "Entity" and by the authority of Section 31.092(a) of the Texas Election
Code for the conduct and supervision of the Entity's elections called during the Entity's Calendar
Year 2014. The Entity joins with any such other governmental units as are eligible and desire to
conduct a joint election, as may be expressed by order, resolution or other official action of each of
the governmental units. In the case of an Entity which is a school district, a joint election will be
conducted with one or more municipalities, and/or with Lubbock County, Texas, in compliance with
the requirements for school districts set forth in Chapter 11, Subchapter C, Section 11.01, of the
Texas Education Code.
RECITALS
Any elections held by the entity will be at the expense of the entity. In the case of joint
elections, common expenses will be divided between the parties on a pro rata basis, calculated using
the number of registered voters in each entity's jurisdiction.
The election precincts of the Entity, which lie within the jurisdictional limits of Lubbock
County (the "County"), have been established and may be re-established by the Entity as its election
precincts pursuant to Section 42.061 of the Texas Election Code.
The County owns the Hart InterCivic direct recording electronic voting system which has
been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as
amended, and the Entity desires to use the County's electronic voting system in its election 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 Lubbock County Elections Administrator shall assist, coordinate, supervise, and handle
all aspects of administering the election as provided in this Contract in a manner consistent with all
relevant law, codes, rules and regulations, including, without limitations, those functions set forth in
Exhibit A. The Entity agrees to pay the Lubbock County Elections Administrator for equipment,
supplies, services, and administrative costs as provided in this Contract. The Lubbock County
Elections Administrator shall serve as the administrator for the election; however, the Entity shall
remain responsible for the lawful conduct of its election as regards those functions reserved to the
Entity set forth in Exhibit A, as regards such additional administrative functions as the Entity may
otherwise undertake to perform, and any functions which cannot be lawfully delegated to the
Lubbock County Elections Administrator. The Elections Administrator shall provide advisory
services in connection with decisions to be made and actions to be taken by the officers of the Entity;
however, it shall be the responsibility of the Entity to obtain whatever legal opinion(s) it deems
necessary, from the Entity's chosen legal counsel and at the Entity's sole cost and expense. The
Lubbock County Elections Administrator will not provide legal advice to the Entity.
II. LEGAL DOCUMENTS
The Entity 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 its governing bodies.
Preparation of the necessary bilingual materials for notices and the language of the official
ballot shall also be the responsibility of the Entity; however, the Lubbock County Elections
Administrator will provide assistance if requested. The Entity shall provide a copy of its election
order and notice to the Lubbock County Elections Administrator no later than eighty (80) days prior
to Election Day.
The Lubbock County Elections Administrator will assist the Entity in preparing and filing the
submission, if any is required or desired, to the United States Department of Justice, pursuant to the
Voting Rights Act of 1965, as amended; however, the Entity shall remain legally responsible for that
submission.
III. VOTING LOCATIONS
It is agreed that Election Day voting shall be held at the locations shown in the Election Order
and Notice duly adopted by the Entity. In the event that any of these voting locations are not
available, the Elections Administrator will arrange for use of an alternate location with the approval
of the Entity and at the Entity's expense.
This Contract shall be deemed an agreement for a joint election with other governmental
units in Lubbock County holding an election on the same day in all or part of the same territory and
whose governing bodies have authorized said joint election by order, resolution, or other official
action.
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IV. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL
Lubbock County shall be responsible for the initial selection of the presiding election judges
and alternate election judges for the Entity's election. The Elections Administrator shall provide to
the Entity a list of presiding judges and alternate judges for its election who shall be appointed by the
Entity as required by law.
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 ensure
that all election judges appointed for the Entity's 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 the
presiding election judges to pick-up their election supplies. Each presiding election judge will be
sent a letter (not later than the 15th day before election day, as required by Section 4.007 of the
Texas Election Code) by the Elections Administrator notifying him/ her of his/her appointment, the
time and location of distribution of election supplies, and the number of election clerks that the
presiding judge may appoint, including the required number of bilingual clerks.
The Entity will be charged $12.62 per hour for each hour worked by each Presiding Election
Judge, and $11.36 per hour for each hour worked by each Alternate Judge and Election Clerk. The
Entity will be charged an additional $25.00 as flat -rate compensation to each Election Judge for
returning the supplies and Judge's Booth Controller to the Central Counting Station after the polls
close. The Entity will be charged $12.62 per hour for each hour worked by each Phone Bank
Operator. The Entity will be charged $18.90 per hour for each hour worked by each Troubleshooter,
plus mileage at the rate of $0.565 per mile traveled by each Troubleshooter.
The Entity will be charged $12.62 per hour for each hour worked by each Deputy Early
Voting Clerk (Lead Clerk). The Entity will be charged $11.36 per hour for each hour worked by
each Early Voting Phone Bank Operator. The Entity will be charged $12.62 per hour for each hour
worked by each Early Voting Troubleshooter, plus mileage at the rate of $ 0.565 per mile traveled by
each Early Voting Troubleshooter.
The Elections Administrator may employ other personnel necessary for the proper
administration of the election, including such part-time help as is necessary to prepare for the
election, to ensure the timely delivery of supplies during early voting and on Election Day, and for
the efficient tabulation of ballots at the central counting station. The Entity will be charged $12.62
per hour for each hour worked by part-time personnel working in support of the Early Voting Ballot
Board and/or Central Counting Station on election night. Part-time personnel working in support of
the Central Counting Station and/or Early Voting Ballot Board on election night will receive pay for
at least four hours, minimum call for service, regardless of the actual hours worked.
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The Entity will be charged $10.09 for each hour of training for all election workers (including
Judges, Alternate Judges, Clerks, Phone Bank Operators and Troubleshooters.) The Entity will be
charged for temporary personnel employed to conduct training classes at the rate of $13.88 per hour
for the Lead Trainer and $12.62 per hour for Assistant Trainers. The Entity will be charged $10.00
for Election Day cell phone reimbursement for not more than two election workers per Election Day
polling location and $2.00 per day during Early Voting.
The Entity will be charged a time -and -half rate based on the hourly rate of all election
workers/temporary workers employed in the positions specified above for any overtime worked in
connection with any election covered under this Contract.
The Entity will be charged a time -and -half rate based on the hourly rate of Lubbock County
employees for any overtime worked to deliver, set up and pickup voting equipment, as well as the
Logic and Accuracy Testing.
It is agreed by the Entity that at all times and for all purposes hereunder, all election judges,
clerks, and all other employees involved in this election are independent Contractors and are not
employees or agents of Lubbock County or the Entity. No statement contained in this Contract shall
be construed so as to find any judge, clerk, or any other election personnel to be an employee or
agent of the County or the Entity, and all election personnel shall be entitled to none of the rights,
privileges, or benefits of County employees or Entity employees except as otherwise may be stated
herein, nor shall any election personnel hold himself out as an employee or agent of the County or
the Entity, unless considered a County or Entity employee as determined by the policies of Lubbock
County or the Entity.
V. SUPPLIES AND PRINTING
The Elections Administrator shall arrange for the use of the direct recording electronic voting
machines and supporting supplies and equipment and all other election supplies and related printing
including, but not limited to, official ballots, sample ballots, ballot boxes, voter registration lists, and
all forms, signs, maps, and other materials used by the election workers at the Early Voting and
Election Day voting locations.
The Entity shall furnish to the Elections Administrator a list of candidates and/or propositions
showing the order and the exact manner in which the names or proposition(s) are to appear on the
official ballot (including bilingual titles and text). This list shall be delivered to the Elections
Administrator as soon as possible after the Entity has determined ballot positions. The Entity shall
be responsible for proofreading and approving the official ballot before printing as well as approving
the ballot screen prompts and audio recordings for the Direct Recording Electronic voting devices in
both English and Spanish.
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VI. EARLY VOTING
The Entity agrees that the Election Administrator shall serve as the Early Voting Clerk in
accordance with Section 31.097 of the Texas Election Code and agrees to designate the Office of the
Elections Administrator, 1308 Crickets, Lubbock Texas, as the main Early Voting polling location.
The Entity also agrees that the Elections Administrator's permanent county employees, during
regular office hours, shall serve as deputy early voting clerks who shall serve without additional
compensation; and that the Elections Administrator may appoint other deputy early voting clerks to
assist in the conduct of early voting as necessary.
It is agreed that Early Voting by personal appearance will be held at the locations, times and
days shown in Exhibit B. In the event that any of these voting locations are not available, the
Elections Administrator will arrange for use of an alternate location with the approval of the Entity
and at the Entity's expense.
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 Entity shall be forwarded
immediately to the Elections Administrator for processing.
The Elections Administrator shall provide the Entity with a copy of the early voting report on
a daily basis and a cumulative final early voting report following the election. The Entity will be
responsible for releasing any early voting report numbers to Officials of the Entity and to the media.
The Entity will also be responsible for releasing early voting report numbers to the general public
and candidates of the Entity, if requested.
The Elections Administrator and the Entity will comply with all lawful requests for the
release of public information.
VII. EARLY VOTING BALLOT BOARD
An Early Voting Ballot Board and, if needed, a Signature Verification Committee shall be
created to process early voting results from the Entity's election. The Elections Administrator shall
appoint the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge, with the
assistance of the Elections Administrator, shall appoint two or more additional members to constitute
the Early Voting Ballot Board members and, if needed, the Signature Verification Committee
members required to efficiently process the early voting ballots. The Entity will be charged $12.62
per hour for each hour worked by each member of the Early Voting Ballot Board and, if needed, the
Signature Verification Committee.
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 Entity hereby appoints the following central counting station officials (or their duly
appointed designee) in accordance with Sections 127.002 and 127.005 of the Texas Election Code:
Counting Station Manager: Dorothy Kennedy, Elections Administrator
Tabulation Supervisor: Roxzine Stinson, Chief Deputy, Elections
Presiding Judge: Tom Grimes
The Counting Station Manager or her representative shall deliver timely cumulative reports
of the election results as precincts report to the central counting station as they are tabulated. The
Counting Station Manager shall be responsible for releasing cumulative totals and precinct returns
from the election to the Entity, prior to releasing such information to candidates, press, and general
public by distribution of hard copies or electronic transmittals by facsimile (when so requested).
After the Entity has had an opportunity to review the information, it will be posted to the County's
web page located at www.co.lubbock.tx.us.
The Elections Administrator will prepare the unofficial canvass reports after all ballots have
been counted and will deliver a copy of the unofficial canvass to the Entity as soon as possible after
all returns have been tabulated. In any event, the Elections Administrator will deliver a copy of the
unofficial canvass to the Entity no later than 5:00 p.m. of the eighth day following the election date.
The Entity shall be responsible for the official canvass of its election.
The Elections Administrator shall be responsible for conducting the post-election manual
recount required by Section 127.201 of the Texas Election Code, unless a waiver is granted by the
Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to the
Entity and the Secretary of State=s Office.
IX. ELECTION EXPENSE AND ALLOCATION OF COSTS
Any elections held by the Entity will be at the expense of the Entity. In the case of joint
elections, common expenses will be divided between the parties on a pro rata basis, calculated using
the number of registered voters in each entities jurisdiction. The Entity agrees to reimburse Lubbock
County for the actual costs of administering its election including, but not limited to, the actual costs
of supplies, printing, programming, personnel, and polling place rental fees. The Entity agrees to
reimburse Lubbock County for overtime wages and benefits paid to the permanent employees of the
Elections Administrator for contractual duties performed outside the normal business hours of
Lubbock County in accordance with Section 31.100(e) of the Texas Election Code. The Entity
rel
further agrees to pay Lubbock County an administrative fee equal to ten percent (10%) of its total
billable costs in accordance with Section 31.100(d) of the Texas Election Code.
X. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
The Entity may withdraw from this Contract should it cancel its election in accordance with
Sections 2.051 - 2.053 of the Texas Election Code. The Entity is fully liable for any expenses
incurred by Lubbock County on behalf of the Entity plus an administrative fee of ten percent (10%)
of such expenses should the Entity cancel its election for this or any reason. Any monies deposited
with Lubbock County by the Entity shall be refunded, minus the aforementioned expenses and
administrative fee if applicable.
XI. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and
all records of the election as authorized by Section 31.096 of the Texas Election Code.
Access to the election records shall be available to the Entity 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, who 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. Itis the
responsibility of the Entity 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 Entity.
The Elections Administrator shall notify the Entity of the planned destruction of any records
of the election prior to the records' destruction.
VA
XII. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. The Entity
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 official of the Entity performing
the duties of a secretary under the Texas Election Code, or its lawful designee, shall serve as Recount
Coordinator.
The Elections Administrator agrees to provide advisory services to the Entity as necessary to
conduct a proper recount.
XIII. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
The Elections Administrator will assist the Entity in securing adequate polling places, rent
free if available; however, it is the responsibility of the Entity to ensure that the polling places
comply with current accessibility standards as set forth in the Americans With Disabilities Act as
well as any state or local laws or ordinances. Accessibility compliance shall be at the Entity's
expense. In the event that compliance cannot be achieved, the Entity agrees to indemnify the
Elections Administrator and Lubbock County from any resulting liability, whether civil or criminal.
XIV. MISCELLANEOUS PROVISIONS
(1) It is understood that, to the extent space is available, other political subdivisions may
wish to participate in the use of the County's election equipment, and it is agreed that
the Elections Administrator may contract with such other political subdivisions for
such purposes and that in such event there may be an adjustment of the pro -rata share
to be paid to the County by the participating authorities.
(2) The Elections Administrator shall file copies of this document with the Lubbock
County Treasurer and the Lubbock County Auditor in accordance with Section
31.099 of the Texas Elections Code.
(3) In the event that legal action is filed challenging the Entity's election, each party
hereto shall defend its own actions, officials and employees. If it is determined that
the actions of the Entity resulted in legal action against Lubbock County or the
Lubbock County Elections Administrator or any additional election personnel, then
the Entity shall provide, at its own expense, legal representation for the County, the
Elections Administrator, and additional election personnel as necessary save and
except in any instance whereby an unlawful or otherwise improper act or omission of
the County, the Election Administrator or another Entity participating in the election
has precipitated such legal action. Likewise, if it is determined that the actions of
Lubbock County or the Lubbock County Elections Administrator or any additional
election personnel engaged by the County resulted in legal action against the Entity,
then Lubbock County shall provide, at its own expense, legal representation for the
Entity as necessary save and except in any instance whereby an unlawful or otherwise
improper act or omission of the Entity or another Entity participating in the election
has precipitated such legal action.
(4) The County and the Entity agree that under the Constitution and laws of the State of
Texas, neither the County nor the Entity 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.
(5) This Contract shall be construed under and in accord with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in
Lubbock County, Texas.
(6) In the event one or 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.
(7) 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.
(8) 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.
(9) Any amendment of this Contract shall be of no effect unless in writing and signed by
all parties hereto.
XV. FINANCIAL OBLIGATION AND PAYMENT
The Entity agrees it is obligated to pay to Lubbock County all of the Entity's joint election
charges, fees, expenses, and costs as set forth under the terms of this Contract, with the exact amount
of the Entity's financial obligation under the terms of this Contract to be timely calculated after the
joint election. The Lubbock County Elections Administrator agrees to timely provide an invoice of
said financial obligation to the Entity following the joint election, and the Entity further agrees it
shall pay to Lubbock County the balance due as soon as possible but not later than thirty (30) days
after receipt of the invoice. In the event that the Entity disputes any portion of the charges, fees,
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expenses, and costs payable under this Contract, the Entity agrees to promptly pay the undisputed
amounts when due.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.
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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 the day day of � Q m 1 L cLA L, , 2014, been executed on
behalf of Lubbock County by the Elections Administrator pursuant to the Texas
Election Code, so authorizing;
(2) It has on the 23rd day of January , 2014, been executed on
behalf of the Entity by its Mayor, pursuant to the authority of the City Council, so
authorizing;
FOR CITY OF LUBB
GLEN 109ERTWI . MAYOR
ATTEST:
APPROVED AS TO FORM:
Reb cca Garza m s
City Secretary AjgWrit City Attorney
FOR LUBBOCK COUNTY:
CONTRACTING OFFICER APPROVED AS TO FORM:
By:
Dorothy Kenn y R. Neal Burt
Elections Administrator Assistant Criminal District Attorney,
Civil Division
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:
(3) It has on the4. 4� day of ] k C) , 20�, been executed
on behalf of Lubbock County by the Elections Administrator pursuant to the Texas
Election Code, so authorizing;
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Lubbock County Election Services Contract
EXHIBIT A
Responsibilities of the Parties
1. Early Voting
A. Lubbock County Elections Administrator's Responsibilities
1. The Elections Administrator shall provide a list for presentation to the governing body of
each Entity, containing a list of places, times and dates of early voting suitable for adoption by
the governing body in accordance with Texas Election Code Chapter 85.
2. The Regular Early Voting Clerk for Lubbock County, Dorothy Kennedy, shall also serve as
the Joint Early Voting Clerk for all joint elections. The Joint Early Voting Clerk will be
responsible for the conduct of early voting by main and by personal appearance for all
Lubbock County voters voting in the Joint Elections. The Joint Early Voting Clerk shall
receive from each entity any applications for early voting ballots to be voted by mail in
accordance with Title 7 of the Texas Election Code. The Joint Early Voting Clerk shall send
early voting ballots by mail and receive early voting ballots for early voting by mail. The Joint
Early Voting Clerk shall have authority to appoint such deputy early voting clerks as may be
necessary to assist the Joint Early Voting Clerk with voting to take place at the joint early
voting locations.
3. The Elections Administrator will determine the number of election workers to hire to
conduct early voting in the Joint Election. The Joint Election Officer will arrange or contract
for training for all election workers and will assign all election workers employed for early
voting in the Joint Elections. The training of said election workers is mandatory; these
individuals will be compensated for their time in training. The Elections Administrator will
provide a training facility where election schools will be conducted to train election workers
in employed in the conduct of early voting, includingthe mobile early voting programs, early
voting by personal appearance at the main and all temporary branch early voting polling
places, early voting by mail and other aspects of the early voting program for the Joint
Elections. The Elections Administratorwill name early voting deputies and clerks employed
in the conduct of early voting.
4. The Elections Administratorwill provide and deliver all supplies and equipment necessary
to conduct early voting for the Joint Election, including but not limited to ballots, election
forms, and necessaryramps, utility hook-ups, signs, registration lists and ballot boxes, to early
voting polling places. The Elections Administratorwill designate and confirm all early voting
polling place locations.
5. The Elections Administratorwill be responsible for the preparation and transportation of
the electronic voting equipment necessary to conduct early voting. The Elections
Administrator shall perform all tests of voting equipment as required but not limited to
posting notice of equipment testing.
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6. Pursuant to Sections 66.058 and 271.010 of the Election Code, the Entities appoint
Dorothy Kennedy, Lubbock County Elections Administrator, as Joint Custodian of Records
("Joint Custodian") for the sole purpose of preserving all voted ballots securely in a locked
room in the locked ballot boxes for the period for preservation required by the Election Code.
7. The Elections Administratorwill receive ballot language in both English and Spanish from
each participating Entity and format the ballots as needed to include said language. The
County will provide each participating Entity with a final proof of ballot language for
approval prior to the Logic and Accuracy Testing and the printing of ballots. Upon final
approval, ballots shall be printed in an expedited timeframe so as to al low time for mailing of
ballots for the Early Voting by Mail Program.
8. A single joint voter sign -in process consisting of a common list of registered voters and
common signature rosters shall be used for early voting. A single, combined ballot and single
provisional ballot box will be used. The Elections Administratorshall use Lubbock County's
electronic voting system, as defined and described in Title 8 of the Texas Election Code, and
agrees to use ballots that are compatible with such equipment.
9. The Elections Administratorwill be responsible for the conduct of the Early Voting Ballot
Board. The Elections Administrator shall designate a person to serve in the capacity of the
Presiding Judge for the Early Voting Ballot Boardand shall provide that information to the
governing body of each participating Entity for entry of an order or resolution by that
authority appointing this official. The Presiding Judge and clerks shall constitute the Early
Voting Ballot Board and shall count and return early voting ballots, and perform other duties
set for such board in accordance with the Election Code.
10. The Elections Administrator will be responsible to assist the participating Entities in
preparing a Joint Elections Department of Justice Submission and submit a copy of said
submission to each partbipating Entity.
11. The Elections Administration will be responsible to send out the Writ of Elections to the
Judge and Alternate Judge for each polling location.
B. Responsibilities of Participating Entities
1. The participating Entities hereby appoint Dorothy Kennedy, Lubbock County Elections
Administrator, as the Election Officer to perform or supervise the performance of the duties
and responsibilitiesof Lubbock County involved in conducting the Joint Elections covered by
this Contract.
2. Each of the Entities agrees to conduct its early voting jointly. Each of the Entities hereby
appoints Dorothy Kennedy, Elections Administrator and Early Voting Clerk for Lubbock
County, as the Early Voting Clerk for the Joint elections. Early voting for the Entities shall be
conducted at the dates, times and locations to be mutually agreed upon by the Election Officer
and authorized and ordered by the governing body of each participating Entity.
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3. Each participating Entity will provide ballot language for their respective portion of the
official ballot to the Elections Administrator in both English and Spanish. The Elections
Administrator can assist with translations of orders, notices and ballot language with the
actual cost being billed to the Entity. Any additions, modifications, deletions, or other changes
to such ballot contents of language must be made by the Entity prior to the final proof
approval by the Entity. The Elections AdministratorwilI provide the participating Entity with
a final proof of ballot language, as it is to appear on the bal lot for final proof approval. Upon
final proof approval, the ballot shall be programmed for the voting equipment in an expedited
timeframe so as to allow ballot allocations.
4. Each participating Entity will provide the Elections Administrator with the name and
contact information of a representative or representatives for the Entity who will appear at the
Elections Office to proof the ballot on behalf of the Entity.
5. Each participating Entity will provide the Elections Administrator with the name and
contact information of a representative or representatives for the Entity who will be
responsible for attending and participating in the Public Logicand Accuracy Testing of the
ballot (as required by the Election Code). The Elections Administrator will contact the
designated representative(s) with the date and time of such testing.
6. Each Entity is responsible to post the Entity's own Election Notices and Election Orders.
7. The Entity is responsible to provide the Elections Administratorall contact information of
the decision making person/persons for the Entity
II. Election Day
A. Lubbock County Elections Administrator's Responsibilities
1. The Elections Administrator shall designate and confirm all Election Day polling place
locations for the joint elections, and shall forward such information to the participating
Entities in a timely fashion to allow the governing body of the respective participating Entities
to enter orders designating such polling phces.
2. The Elections Administratorshall designate the Presiding Election Judge and the Alternate
Presiding Election Judge to administerthe election in the precinct in which a common polling
place is to be used and shall forward such information to the participating Entities to allow the
governing bodies of the respective participating Entities to enter appropriate orders
designating such officials prior to the election. The Presiding Election Judge and Alternate
Presiding Election Judge shall be qualified voters of the Lubbock County Election Precinct in
which the joint election is held. All Election Workers shall be compensated at the rate
established hereafter by Lubbock County. Compensable hours shall be determined in
accordance with provisions oftle Texas Election Code and other applicable laws.
3. One set of elections officials shall preside over the election in the precinct in which a
common polling place is used. A single joint voter sign -in process consisting of a common list
14
of registered voters, and common signature rosters shall be used in the precinct in which a
common polling place is used. A single, combined ballot and single provisional ballot box
will be used. The officer designated by law to be the custodian of the voted ballots for
Lubbock County shall be custodian of all materials used in common in the precinct where a
common polling place is used. The Elections Administrator shall use an electronic voting
system, as defined and described in Title 8 of the Texas Election Code and agrees to use
ballots that are compatible with such equipment.
4. The Elections Administrator will arrange for training and will provide the instructors,
manuals and other training materials deemed necessary for training all election workers.
Training for all election workers is mandatory, and these individuals will be compensated for t
heir time in training.
5. The Elections Administrator wil I arrange for Election Day voter registration lists for the
Joint Elections. The County will determine the quantities of elections supplies needed for
Election Day voting.
6. The Elections Administrator, by and through the Sheriff's, Maintenance, Road & Bridge,
and Elections Office Departments of Lubbock County, will be responsible for the preparation
and transportation of voting equipment and Election Day supplies for use on Election Day.
7. The final returns for each participating Entity shall be canvassed separately by each
respective Entity. The Custodian of Election Records for Lubbock County, Dorothy Kennedy,
Elections Administrator, shall maintain a return center on Election Day for the purpose of
receiving returns for the participating Entities. The Elections Administrator or appointed staff
will provide unofficial election results to the qualified individual appointed by each
participating Entity.
8. On Election Day, the Joint Election Officer and/or the Elections Office Staff will field all
questions from election workers through the phone bank personnel and troubleshooters.
9. The Elections Administrator shall make available, to voters who desire translation
assistance, an individual capable of acting as a translator and speaking both English and
Spanish languages who will assist Spanish speaking voters in understanding and participating
in the election process.
10. The Elections office will submit the electronic reports of votes by precinct to the
Secretary of State 30 days after the election.
B. Participating Entities Responsibilities
1. Priorto Election Day, each participating Entity will answer questions from the public with
respect to the Entity's Election during regular office hours.
II1. Election Night
A. Elections Administrator Responsibilities
15
1. The Elections Administrator holds responsibility for all activities on election night
including, but not limited, to setting up a central counting station, coordinating and
supervisingthe tabulation of results, coordination and supervision of the physical layout of the
support stations that are receiving substations for the Joint Elections, and coordination and
management of media coverage of the election.
2. The Elections Administrator will arrange for the transportation of the electronic voting
equipment to the central counting station.
3. The Elections Administrator will appoint the Presiding Judge and Alternate Presiding
Judge of the Central Counting Station to maintain order at the Central Counting Station, to
administer oaths as necessary to receive sealed Judge's Booth Controllers (JBC), sealed
provisional ballot boxes, and to perform other duties required by the Texas Election Code,
and shall forward such informationto each participating Entity in a timely fashion to allow the
governing body of each Entity to enter appropriate orders designating such election officials
prior to the election. These individuals shall be those hereafter appointed by the Elections
Administratorto serve as Presiding and Alternate Judge of the Central Counting Station. In
addition, the Elections Administrator shall appoint a Tabulation Supervisor to be in charge of
the operation of the automatic tabulating equipment at the Central Counting Station, an
individual to serve as Central Counting Station Manager and an Assistant Counting Station
Managerto be in charge of the overall administrationof the Central Counting Station and the
general supervision of the personnel working at the Central Counting Station, and shall
forward such informationto each participating Entity to enter appropriate orders designating
such election officials prior to the election.
4. The Elections Administratorshall provide the participating Entities with reasonable space
in a public area adjacent to the Central Counting Station at which each participating Entity
may have representatives or other interested persons present during the countingrocess.
B. Entity Responsibility.
1. Other than receiving returns from the Elections Administrator, the participating Entities
have no role or responsibility on the night of the election.
16
Sections 85.067 and 85.068
V.T.C.A., Election Code
NOTICE OF EARLY VOTING
(NOTACIONDE VOTACIONADELANTADA)
Exhibit B
Early Voting by personal appearance for the May 10, 2014 Cities and Schools General and Special Elections
be conducted at ALL EARLY POLLING LOCATIONS ON THE DATES, TIMES AND LOCATIONS LISTED
BELOW:
(Votacibn Adelantada para las Elecciones General y Especial de Ciudades y Escuelas el dla 10 del mes de mayo, 2014,
sercln conducidas en TODOS LOS CENTROS ELECTORALES EN LAS FECHAS, HORARIOS Y LOCALIDADES
LISTADOS DEBAJO:)
Early Voting Dates: April 28 — May 6, 2014
(Fecha de Votacion Adelantada: 28 de abril — 6 de mayo, 2014)
Main Polling Place: (Luear arinciaal de la votacidn
Lubbock County Elections Office Dates: April 28th — May 6th, 8:00 a.m. — 8:00 p.m.
(Oficina de Elecciones del Condado de Lubbock) (Fecha: 28 de abril — 6 de mayo, 8:00 a.m. — 8:00 p.m.)
Public Room (salon Publico) Except Sunday, May 4th, 1:00 p.m. — 6:00 p.m.
1308 Crickets Ave (1308 avenida crickets) (A menos el domingo, 4 de mayo 1: 00 p.m. — 6:00 p.m.)
**************************************************************************************
United Supermarkets—Locations listed below:
Monday, April 28th — Tuesday, May 6th 8:00 A.M. — 8:00 P.M.
(lunes, 28 de abril— martes, 6 de mayo 8:00 A.M. — 8:00 P.M.)
Except Sunday, May 4th 1:00 P.M. — 6:00 P.M.
(A menos el domingo, 4 de mayo 1: 00 p. m. — 6: 00 p. m.)
2630 Parkway Dr 4425 19" St (19th & Quaker Ave) Market Street
112 North University Ave 2703 82nd St (82nd & Boston Ave)
401 Slide Road r4th & Slide) 8010 Frankford Ave (82nd & Frankford Ave)
1701 50" St (50t & Ave Q) 420598 1h St (98th & Quaker Ave) Market Street
Texas Tech University Dates: April 28t — May 6t
Student Recreation Center Fecha: 28 de abril — 6 de mayo
(Universidad de Texas Tech) Hours: 8:00 A.M. — 8:00 P.M. (horas)
(Centro de Recreaci6n para Estudiantes) EXCEPT SUNDAY, May 4th, 1:00 P.M. — 6:00 P.M
Texas Tech Campus (A menos el domingo, 4 de mayo 1:00 p.m. — 6:00 p.m.)
(Campus de Texas Tech)
Hartford Ave & Main St
(Calles avenida Hartford y calle Main)
Slaton ISD Administration Office Dates: April 28th — May 6th
(Oficina de Administraci6n de las Escuelas Fecha: 28 de abril — 6 de mayo
de Slaton) Hours: 8:00 A.M. — 8:00 P.M. (horas)
140 E Panhandle (140 calle Panhandle al Este) EXCEPT SUNDAY, May 4th, 1:00 P.M. — 6:00 P.M
Slaton (A menos el domingo, 4 de mayo 1: 00 p.m. — 6: 00 p. m.)
Revised 11-13-2013 Page 1 of 6
Sections 85.067 and 85.068 Exhibit B
V.T.C.A., Election Code
City of Lubbock, First Floor Dates: April 28th — May 6th
(Oficina Municipal de la Ciudad de Lubbock) (Fecha: 28 de abril - 6 de mayo)
1625 13th St (1625 calle 13) Hours: 8:00 A.M. — 5:00 P.M. (horas)
Except for Tuesday's, April 291h & May 6th
Hours: 8:00 a.m. — 8:00 p.m. (horas)
(A menos los dos martes, 29 de abril y 6 de mayo 8:00 a.m. - 8: 00 p. m.)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
Lubbock ISD Administration Office
(Oficina de Administracion del Distrito Escolar
Independiente de Lubbock)
1628 19th St (1628 calle 19)
Dates: April 281h — May 6th
(Fecha: 28 de abril - 6 de mayo)
Hours: 8:00 A.M. — 4:30 P.M. (horas)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
City of Abernathy
(Oficina Municipal de la Ciudad de Abernathy)
811 Avenue D (811 avenida D)
Abernathy
Dates: April 28th — May 6th
(Fecha: 28 de abril - 6 de mayo)
Hours: 8:00 A.M. — 5:00 P.M. (horas)
Except for Tuesday's, April 29th & May 6th
Hours: 8:00 a.m. — 8:00 p.m. (horas)
(A menos los dos martes, 29 de abril y 6 de mayo 8: 00 a. m. - 8: 00 p. m.)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
Idalou Clubhouse
(Centro Social de Idalou)
202 W 7th St (202 calle 7 al Oeste)
Idalou
Dates: April 281h — May 6th
(Fecha: 28 de abril - 6 de mayo)
Hours: 8:00 A.M. — 5:00 P.M. (horas)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
Shallowater Community Center
(Centro Social de Shallowater
902 Avenue H (902 avenida x)
Shallowater
Dates: April 28th — May 6th
(Fecha: 28 de abril - 6 de mayo)
Hours: 8:00 A.M. — 5:00 P.M. (horas)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
Casey Administration Building Dates: April 28"' — May 6t"
(Edificio de Administracion Casey) (Fecha: 28 de abril - 6 de mayo)
5017 h St (501 calle 7) Hours: 8:00 A.M. — 5:00 P.M. (horas)
Wolfforth
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
Revised 11-13-2013 Page 2 of 6
Sections 85.067 and 85.068
V.T.C.A., Election Code
Lubbock -Cooper Performing Arts
Center (PAC) (Centro de Artes Escdnicas
de Lubbock -Cooper (PAC)
Woodrow Rd & Hwy 87
(Calle Woodrow y Carretera 87)
Dates: April 28th — May 6th
(Fecha: 28 de abril — 6 de mayo)
Hours: 8:00 A.M. — 5:00 P.M. (horas)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
Town of Ransom Canyon
(Oficina Municipal del Pueblo de Ransom Canyon)
24 Lee Kitchens Dr, Ransom Canyon
(24 calle Lee Kitchens Dr, Ransom Canyon)
Exhibit B
Dates: April 28th — May 6th
(Fecha: 28 de abril — 6 de mayo)
Hours: 8:00 A.M. — 5:00 P.M. (horas)
Except for Tuesday's, April 29th & May 6th
Hours: 8:00 a.m. — 8:00 p.m. (horas)
(A menos los dos mantes, 29 de abril y 6 de mayo 8:00 a. m. - 8:00 p. m.)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
Roosevelt Clubhouse Dates: April 28th — May 6`h
(Centro Social Roosevelt) (Fecha: 28 de abril - 6 de mayo)
1400 CR 3300 Hours: 8:00 A.M. — 7:00 P.M. (horas)
CLOSED SATURDAY & SUNDAY (Cerrado sdbado y domingo)
Revised 11-13-2013 Page 3 of 6
Sections 85.067 and 85.068 Exhibit B
V.T.C.A., Election Code
TEMPORARY BRANCH EARLY VOTING LOCATIONS
(CENTROS ELECTOR,4LES TEMPOR,4RMS PARA VOTACIONADELANTA
Early Voting by personal appearance for the May 10, 2014 Cities and Schools General and Special Elections of Lubbock County,
will be conducted at the following TEMPORARY BRANCH POLLING LOCATIONS ON THE DATES AND TIMES LISTED
BELOW:
(Votaci6n Adelantada para las Elecciones General y Especial de Ciudades y Escuelas del Condado de Lubbock,
del dia 10 del mes de mayo, 2014, ser6 conducida en los CENTROS ELECTORALES TEMPORARIAS EN LAS FECHAS,
HORAR/OS Y LOCALIDADES LISTADOS COMO SIGUEN:)
April 28, 2014 (28 de abril, 2014) Lubbock Manor
MONDAY (lunes) 2101 Avenue Q (2101 avenida Q)
9:00 a.m. —11:00 a.m.
Emeritus at Elmbrook Estates
5301 66th St (5301 calle 66)
1:00 p.m. — 3:00 p.m.
North Ridge Elementary School (Escuela Primaria North Ridge)
6302 11th Pl (63 02 calle 11 Place)
3:00 p.m. — 7:00 p.m.
Frenship High School (Escuela Secundaria Frenship)
902 N Dowden Rd, Wolfforth (902 Carretera Dowden al Norte, Wolfforth,
3:00 p.m. — 7:00 p.m.
Lubbock -Cooper High School (Escuela Secundaria Lubbock -Cooper)
16302 Loop 493
3:00 p.m. — 7:00 p.m.
April 29, 2014 (29 de abril, 2014) New Deal ISD Administration Office (Oficina de Administrativa del
TUESDAY (martes) 401 S Auburn St, New Deal (401 calle Auburn al Sur, New Deal)
9:00 a.m. — 4:00 p.m.
Ventura Place
302654 th St (3026 calle 54)
2:00 p.m. -- 5:00 p.m.
Westwind Elementary School (Escuela Primaria Westwind)
640143 d St (6401 calle 43)
3:00 p.m. — 7:00 p.m.
Terra Vista Middle School (Escuela Secundaria Menor Terra Vista)
1111 Upland Ave (1111 avenida Upland)
3:00 p.m. — 7:00 p.m.
Revised 11-13-2013 Page 4 of 6
Sections 85.067 and 85.068 Exhibit B
V.T.C.A., Election Code
Laura Bush Middle School (Escuela Secundaria Menor Laura Bush)
3425 118th St (3425118" St)
3:00 p.m. - 7:00 p.m.
Lubbock -Cooper South Elementary School
(Escuela Primaria Lubbock -Cooper South)
16302 Loop 493
3:00 p.m. - 7:00 p.m.
April 30, 2014 (30 de abril, 2014) Lubbock Community Services for the Deaf (LCSD)
WEDNESDAY (miercoles) 241434 h St (2414 calle 34)
10:00 a.m. -- 12:00 p.m.
Oak Ride Elementary School (Escuela Primaria Oak Ridge)
6514 68t St (6514 calle 68)
3:00 p.m. - 7:00 p.m.
Lubbock -Cooper Middle School
(Escuela Secundaria Menor Lubbock -Cooper)
16302 Loop 493
3:00 p.m. - 7:00 p.m.
May 1, 2014 (1 de mavo, 2014) Life/Run Center for Independent Living
Thursday Oueves) (Life/Run Centro para vivir Independiente)
8240 Boston Ave (8240 avenida Boston)
10:00 a.m. -12:00 p.m.
Crestview Elementary School (Escuela Primaria Crestview)
6020 81St St (2010 calle 81)
3:00 p.m. - 7:00 p.m.
Frenship Middle School (Escuela Secundaria Menor Frenship)
500 Main St, Wolfforth 500 calle Main, Wolfforth)
3:00 p.m. - 7:00 p.m.
Lubbock -Cooper Central Elementary School
(Escuela Primaria Lubbock -Cooper Central)
4020 135th St (4020 calle 35)
3:00 p.m. - 7:00 p.m.
May 2, 2014 (2 de mavo, 2014) Covenant Medical Center - Lakeside
FRIDAY (viernes) Garden Room (Basement) (Cuarto de Jardin - S6tano)
400024 h St (4004 calle 24)
8:00 a.m. - 8:00 p.m.
May 3, 2014 (3 de mavo, 2014) Carillon Senior Living Campus
SATURDAY (sdbado) 1717 Norfolk Ave (1717 avenida Norfolk)
10:00 a.m. -- 4:00 p.m.
Revised 11-13-2013 Page 5 of 6
Sections 85.067 and 85.068 Exhibit B
V.T.C.A., Election Code
May 5, 2014 (S de mavo, 2014) University Medical Center (UMC)
MONDAY (tunes) 602 Indiana Ave (602 avenida Indiana)
8:00 a.m. -- 8:00 p.m.
Bennett Elementary School (Escuela Primaria Bennett)
101 Donald Preston Dr (101 calle Donald Preston Dr)
3:00 p.m. — 7:00 p.m.
Heritage Middle School (Escuela Secundaria Menor Heritage)
611073 d St (6110 calle 73)
3:00 p.m. — 7:00 p.m.
Lubbock -Cooper North Elementary School
(Escuela Primaria Lubbock -Cooper North)
3202 108th St (3202 calle 108)
3:00 p.m. — 7:00 p.m.
May 6, 2014 (6 de mavo, 2014) Covenant Medical Center — Lobby (vestibulo)
TUESDAY (martes) 3615 19th St (3615 calle 19)
8:00 a.m. -- 8:00 p.m.
Willow Bend Elementary School (Escuela Primaria Willow Bend)
8816 13th St (8816 calle 13)
3:00 p.m. — 7:00 p.m.
Lubbock -Cooper West Elementary School
(Escuela Primaria Lubbock -Cooper West)
10 10 1 Fulton Ave (10101 avenida Fulton)
3:00 p.m. — 7:00 p.m.
Revised 11-13-2013 Page 6 of 6