The Hidalgo County Elections Department is required by Federal Law to mail overseas ballots by Saturday, April 9, 2016 (no later than 45 days before the election). The preparation of the ballots requires a minimum of 4-5 days. The Executive Committee of the Hidalgo County Democratic Party initially agreed to 45 polling places and now desires to increase the number of polling places thus creating a reasonably unforeseeable situation;

The Hidalgo County Elections Department requests direction from Commissioners Court

Judge Garcia informed everyone that this was an emergency meeting due to some confusing and/or concerns over who is required to do what in regards to the Primary Runoff set for May 24, 2016. The judge stated that the Election's Department has a federal statutory deadline as per the Texas Election Code.Sec.86.004 to mail out ballots for military and overseas voters. The deadline for this action is April 9, 2016. Right now because of the confusion, concerns have emerged as to if they'll be able to meet the deadline.

Elections Administrator Mrs. Yvonne Ramon made clear that Hidalgo County's Elections Department works diligently to not only meet their statutory deadlines but as well as other obligations.She explained that they depend on other entities to provide them with all information in a timely manner. Mrs. Ramon emphasized on the importance of meeting the federal statutory deadline for all military and citizens outside the US. Aside to meeting this deadline, they also have to meet the the deadline for the 3,000 annual disable voters and the 65 years old and older voters to receive their ballots as well. 

Mrs. Ramon stated that she's been addressing the need for the party to provide the department with information, in particular with the polling locations. In order for the Election's Department to correctly code an election and prepare all the correct process. The first step is to meet the polling locations, without it, nothing else can begin. She further explained that the party doesn't have a statutory deadline to provide the polling locations, but it is unethical. Mrs. Ramon explained that there's an ethical need to meet the deadline because the party hired them to run the election. Without it they can't process and run the election in a timely manner. Mrs. Ramon underlined the distribution of e-mails that were transmitted between Mr. Godinez, Mrs.Giffin and herself. She notified that on March 30, 2016 they met with Mr. Godinez and he informed her that they had selected 45 locations. Mrs. Ramon emphasized that IT Supervisor Michel Sosa had recommended 50 locations, he strategically studied voter turn out, the list of register voters and the placement of these poll locations with historical data. Accordantly, he provided Mrs.Ramon with 40 election poll sites for the runoff. However, when they met with Mr. Godinez, he had the list with him and started to cross off and exchange poll locations.Mrs. Ramon explained to the court that she mentioned to the party chair, that they had recommended 50 and the party was now selecting 45 and at that point they were to starting the coding.

On April 6, 2016 at 8:06 am the party was sent the four ballot styles to proof. However, that same day at 1:02 pm Mrs. Ramon received an e-mail from Mr. Godinez stating his desire to add two more locations, which would of made it 47. Then again, the e-mail had an attachment for 48 locations and in the last paragraph it stated they wanted to open all 75 locations. At that moment Michael Sosa informed Mrs. Ramon that he was confused over the request and did not know what steps to take. That same day in the afternoon Mrs. Ramon met with Judge Garcia.

Mrs. Ramon explained that there were 75 locations opened for the Primary Elections, because there was 49 races, 89 candidates and 6 propositions, transferring into 32 different ballot styles. Currently, for the runoff the Democratic Party has 5 races, 10 candidates and 4 ballot styles; 3 of these are county wide and 2 are specific to a district. Mrs. Ramon indicated to the court that this was the reason why they recommended 50 locations, because they had strategically placed the locations to properly serve all county residents. Mrs. Ramon noted that throughout the Sate of Texas, runoffs normally transpired to a reduced number of locations and it has always been done in Hidalgo County. She informed that even the Sate of Texas Secretary, reduces the voting dates from 12 to 5.

Another area of concern brought up by Mrs. Ramon was the poll workers. In the contract the Democratic Party stated that they wanted to secure and hire all poll workers. Mrs. Ramon stated that perhaps, the reason was because of the county's policy. The policy does not allow for a county employee to work at a poll location and be paid from the same payroll. If the party secures the workers they will then, be paid from a different payroll account and there wouldn't be any conflict with the policy set by the county. Mrs. Ramon presented data indicating that there were 75 locations that required 75 judges, they only provided 40. The Election's Department needed 500 clerks and the party was only able to provide 47. Nevertheless, she acknowledged the effort the party has made to try to secure more workers. As of yesterday for the 75 locations, they would need 75 judges and have only secured 48. They would need 150 clerks. Mrs. Ramon explained to the judge that they would need 150 clerks, if the party still wants all 75 locations. According to Mrs. Ramon as of yesterday the party listed and but not confirmed 193 clerks, however as her supervisor has began to call for training and location people are dropping out. She and Mr.Godinez have spoke about training, they have always trained. For the primary they trained the Saturday and Sunday right before election day. She explained that they waited that long to train because they were waiting to fill those locations. 

Mrs.Ramon emphasized that it's very important to note, that they have a runoff of 5 races.Even if they reduce the poll locations they'll be serving the community well. She informed the court that right before this meeting, she received a notice by the democrats listing the ballot order. One of the races on that list was incorrect. Mrs. Ramon explained that this is one of the reasons why, they cannot hurry up and code an election.Now, the supervisor has to go back and redo that race.She acknowledged these mistakes happen, however this is why they need time to prepare and do what needs to be done. Once more, she specified the meeting on March 30, 2016 were they were informed by the party that they had secured 45. 

The elections administrator maintained that the fact that the party was able to secure more workers is great, and don't mind training those people. However, she repeated that there're ethical obligations that they all have to meet when it comes to deadlines. 

Judge Garcia emphasized that aside from being an ethical obligation, it is also a legal responsibility.

Mrs. Ramon affirmed the judge that there was a contract signed. Judge Garcia stated that under the contract that was signed on February 2, 2016 the party is running the Election Day voting. The county through the Election's Department is involved in running Early Voting. Mrs. Ramon added that they're also contracted to serve them, assist them, administrate and provide supplies; but it is the party's obligation to secure workers by contract and to secure poll locations. 

The judge assured that the their goal is to provide a fair election to the voters and residents of Hidalgo County. Stating that there's nothing fair if they can't open up the same 75 locations that were in placed for the primary election. He stated concerns over not being able to provide the necessary people to operate the polling locations for that particular day. Even if election day is not until May 24, 2016. Mrs. Ramon added that May 24 sounds like a very long time from now, except that the Federal Statute states that the ballot should be going out by tomorrow for military. Mrs. Ramon explained that it is difficult to understand that in order to print the ballot, the election has to be coded. From there, operations has to enter that information to that software. 

Judge Garcia questioned Mrs. Ramon is she could comply with all 75 locations if they were to mandate it today. In regards Mrs. Ramon stated that they wouldn't be able to comply because time has run out. If so, she would have to report to the State on Monday and that would be their first time. 

Commissioner Flores asked Mrs. Ramon how many locations could they increase. Mrs. Ramon explained that because of locations, because of the good faith effort they were told it was 45 and that's where they're at. In order to code again, everything that has been done would have to be toss into the trash can and would have to start again. Additionally, in a Primary Election at minimum they give Mr.Sosa 2 weeks. On the other hand, Commissioner Flores asked about the county subsidizing the pay for judges to that of the county's pay or donating the money to the parties. On that regard, Mr. Crain said he would have to check the election code. The commissioner explained that it is very hard to find judges at $8.00 dollars per hour. Yet again, Mrs. Ramon acknowledged the efforts by the party for trying to supply more workers. Nevertheless, she reminded the court that there're deadlines of obligation that have to be met, and theirs has passed, as far as sending the ballots for military and overseas. Mrs. Ramon repeated that they're not going to be able to meet that obligation. 

Judge Ramon Garcia called Democratic Chair Mr. Godinez to hear his statement. 

Mr. Godinez introduced Mrs. Kenna Giffin Primary Administrator and Secretary for the Democratic Party. The chairman thanked all the staff at Hidalgo County's Elections Department for all their help throughout this process. Mr. Godinez stated that their first meeting was March 3, 2016 they anticipated for the Elections Department to come back and consolidate. He assured that all democrats believe that if there's going to be a fair election, it needs to have as many polls and many opportunities for people to vote. The chairman explained that the problem is that sometimes people don't take into account, the logistical requirements, costs, dropped volunteers and more importantly dropping of actual voters. According to the chairman at that specific discussion, there was a motion passed that they wanted 75 polls. Judge Garcia questioned when this meeting had occurred. Mr. Godinez stated the 3rd of March, then stated that it was March 9, 2016. Moreover, as to start from the beginning he explained that between October and November of 2015 they began to secure election judges and clerks, as they've always known that it's a perennial problem to recruit workers. He agreed with the commissioner stating that part of the problem is the pay, remarking that they only receive $8.00 dollars for reimbursement from the State. The party itself has limited funds, for 75 polls if they were to increase it just by $1.00 dollar they would need $4,500 dollars which the party does not have. Along with that, Mr. Godinez mentioned to the court that this topic has been part of every quorum meeting they have had and subject of e-mails sent to the CEC still, they only had 40 election judges and 45 clerks. According to Mr. Godinez, at that time, elections was telling them that they needed to have the information for the code. Mr. Godinez stated that he has previously told Mrs. Ramon that he has no authority other than to approve 75 polls. 

The chairman made clear that they've done all they can and have exceeded the budget trying to recruit as many judges as they can. On March 30, 2016 they met with the elections department and made it clear that his only authority was to authorize the 75 polling locations. If they're not going to have 75, then he wants to figure out how many to have. At that point they had a collaborative discussion and discussed what locations to keep open or close and ultimately that was the discussion, he then left that meeting with the understanding that they understood that he could only make a decision for 75 locations. Mr. Godinez mentioned that as of now, is his understanding that they have 260 bodies that could serve as election judges or clerks. Nevertheless,there are concerns by both the primary administrator and the elections to properly train these individuals, as some of them have never participated in the process. It was then suggested that they could train these individuals as clerks and then move them up to judges. Mr. Godinez announced that he had been invited to attend the meeting held on Thursday to approve those 45, he sent notice that he wasn't going to be attending that meeting because he does not have authority to authorize anything under 75. Mr. Godinez mentioned that the CEC clearly wants to have more polls, yet not the volunteers required by the elections department and that's were the internal conflict lays and some part is the pay. He assured they'll stand prepare to do what needs to get done. The party chair requested knowing how many actual mail overseas ballots the elections department has to send. He commented that he didn't believed that the law does not allow paper ballots for those is it's a small number.

Mrs. Giffin explained that at the moment they have 260 people that could serve as judges or clerks. Not all of these people are trained but the elections department will take care of the training. The judges have to drive to Edinburg the Monday before the election to pick up the judge's kit, the party can not pay for that. For the judges that decide to set up at the location the nigh before, the party can not pay for that either. These individuals are limited to only getting paid for election day at $8.00 dollars an hour, she suggested that increasing the money could help the situation. According to Mrs. Giffin they proposed increasing the pay however, they did not obtained the founds and it went no where. She explained that most of the 260 individuals are going to be serving as first time judges and have not worked as clerks. She would prefer to have individuals work as clerks first, then serve as judges. The administrator explained that 45 locations is no problem, they made the list for 48 adding 3 more because they thought they had the personnel. She stated that they can do 50 and perhaps be able to stretch it to 60, however at 75 locations they'll have less workers per poll, instead providing 4 or 5 individuals they'll only be able to place 2 or 3 per location. 

Mrs. Giffin explained her role in the Democratic Party and mentioned to the judge that she has previously done this for additional runoffs. She informed the judge that for that runoff they cut down to 50 locations. Mr. Godinez approached podium to clarified that last runoff they they first had 59, but there were some lawsuits that affected the number.

Judge Garcia stated that out of fairness to Mrs. Ramon, they did signed a contract and she has the right to rely on that contract. Further the judge reminded Mrs.Giffin that under that contract the members of the party and the member of the executive committee, were all aware that the contract was going to be sign and they were going to be obligated to provide the personnel, the judges and clerks. Judge stated that it's not fair that this late they are facing this situation. Mrs. Giffin mentioned they e-mailed the contract to the CEC. The judge explained that he did not like the idea of cutting down on locations because one doesn't know what races could be affected, and it is not fair to the candidates who have worked so hard to make it all the way to the runoffs. The ideal situation would be to figure out a way to work it out, to where they can have all 75 locations open. Same locations and same place as it was for primary voting. Mr. Godinez agreed with Judge Garcia and mentioned they've been telling the CEC for months, for whatever reason they started late. Judge Garcia commented that he served as Democratic Chair in the 1990's and perhaps part of the reason is that the members of the executive committee are concern of letting go of any influences that may come with that position and be placed in the hands of the elections administrator. However, out of fairness to the voters and the contesters in the election the candidates are going to figure out a way to avoid this situation and place it early on the hands of the elections administrator as it is her job to provide a fair election. 

Judge Garcia asked Mrs. Ramon if there was a way to amend or delay the law for the deadline. Mrs. Ramon mentioned they've got 300 federal post card applications which include the military service and those overseas. They also have over 3,000 that are for the Hidalgo County residents and those who are going to be absent. All of these have to be printed and coded from the same statutory deadline. She emphasized that even if May 24, 2016 seems far away, the 45th Federal Deadline changed everything. Judge asked if they could call the secretary of state to request an extension. Mrs. Ramon stated that there's no extension. Judge suggested getting a hold of them this morning while they were all present. Once more, Mrs. Ramon explained that there's no extension and that they would just be late. Affirming that they've never been in this position and have always met with the deadlines, and that there is no permission under the Election Code for any extensions. 

The judge reminded the court and the public that this is not a county election, it is a party election. Clarifying that technically Mr. Godinez and the committee would be the only ones in violation. Mrs. Ramon clarified a point made by Mr. Godinez in regards to a statement made to his executive committee, as to what he mentioned today. She quoted Mr.Godinez saying that "the elections department is going to want to consolidate", Mrs. Ramon answered that they don't want to do that. She further reminded Mr. Godinez  before he left on March 30, 2016 that if they had said to them they wanted 75 and they had declared 75, all they needed to do was be responsible to fill the 75 and they would code 75. However, that's not what was informed to the elections department. Mrs. Ramon mentioned that Mr. Godinez had the list of all 50 locations and he began to crossed out and exchange. Mr.Godinez stated to the judge that on the e-mails they recommended 50 and wanted to consolidate. Assuring that there's nothing bad with consolidating, since they've consolidated polls since time immemorial on elections and is part of the process. He assured that this is not an attack on Mrs. Ramon or her department, and is merely stating the facts. He acknowledged that it is the responsibility of the party to get the workers however, he could not recruit more than 85 by the time they requested to meet with them.

Commissioner Cantu inquired about what would happen on Election Day if they have the 75 locations. Would they have competent people who are capable of answering questions.

Judge Garcia state that as of right now, they need 450 and only have 260 individuals. 

Mrs. Giffin stated that what they saw in the primary was a lot of calls to the election's office, however, were they run into trouble is not having enough clerks at the polls. They have election judges calling to request more clerks but have no extra clerks to send out. Some of the election staff have acted as clerks due to the shortage of clerks. Mrs. Giffin also concluded that the pay is part of the shortage of staff, commenting that she wished people would volunteer out of pride and dedication to the system.

Commissioner Flores asked Mrs. Giffin if she knew of any other county that has subsidized the pay. On that regard, Mrs.Giffin mentioned to the commissioner that Nueces County has done it before. The commissioner asked Mr. Crain why Hidalgo County wouldn't be able to do the same. Mr. Crain mentioned to the commissioner that he would have to look at the Election Code. Mrs. Giffin mentioned that thanks to the article in the newspaper they were able to pick up extra people. Mr. Godinez stated that it helped that they offered to subsidized within their budget, estimating at $1.00 dollar increase for the runoff and less polls at $2,500 dollars. Commissioner Flores asked Mrs. Giffin if the Nueces County subsidized was for county or general election. Mrs. Giffin stated that it could have been for primary but she'll check on that. 

Yvonne Ramon stated to the court that the county pays the General Election Day and Early Voting, this is when the judges get pay $12.00 per hour and clerks $10.10 per hour. The responsibility of both parties is to pay Election Day for primary only. 

Commissioner Cantu asked Mr. Crain if this election could be contested if they do not get the ballots out on time. Mr. Crain explained to the commissioner that it could be a problem for the Democratic Party. Mr. Godinez asked Mr. Crain if it could be possible to not send out by paper only the 300 ballots, giving them time to re-code for whatever decisions. Judge Garcia disclosed that they've been advised that the county was involved on the possibility of subsidizing for both parties. He requested to have a 30 minute recess to discuss this matter and make a phone call to the secretary of state to find out about permitting an extension. Mr. Crain emphasized the fact that this is not a county election, it is a Democratic Party election. Nevertheless, judge stated that they owe an obligation to the residents of this county to provide them with a fair election. 

Commissioner Flores asked Mrs. Ramon if the county has ever subsidized. Mrs.Giffin mentioned that even though this a Democratic Party election they do share with Republicans, and they share cost with them. 

Republican Primary Coordinator Mr. Jim Barnes explained that they too have trouble securing enough judges. According to Mr. Barnes, the Republican Chairman and himself agreed on 45 locations because they can not get more workers than that. He presented the training book and explained that it is difficult to learn all the information in 4 hours. Mrs. Ramon stated that there're no issues with the Republican Party, except that they had agreed to join poll locations. However, if the decision is made to increase the polls, there will be repercussions since they will need more judges and clerks to be hire as it would be two separate elections.

Once more, Judge Garcia asked for a 30 minute recess to call the secretary of state to inquire if they can delay or postpone sending out the ballots. 

Mrs. Rosalie Wisewell approached the podium to speak, judge stated that it was best to wait until Mrs. Ramon could be present. 

Court recessed at 10:54 am

Court reconvened at 11:37 am

Judge Garcia informed the audience that during the recess they communicated with Secretary of State Representative Mr. Tim Juro who informed to them that there's no extension for the deadline, but they could be late. Judge asked how late is late, he stated that a reasonable time. Judge asked what if they were late 10 days, he said late is late. Judge stated that to him this means that they count with at least a 10 day window to decode what needs to get done, so that the ballots can be mail over seas properly. The judge also exemplified that one of the reasons they are having difficulties recruiting people is due to the pay. The State authorizes $8.00 dollars per hour. The judge informed that he spoke to Texas Secretary of State Mr. Carlos Cascos who put them in contact with his lawyer Mr. Keith Ingram, the lawyer explained that there's no money from the state to pay over $8.00 dollars. Judge Garcia asked Mr. Ingram if it would be possible for the county to supplement the pay. According to the judge, Mr. Ingram informed to him that there's no authority for the county to do it, but there's also no authority no to do it. Therefore, judge stated that depending on the direction of the court, they'll be supplementing the pay scale. Judge asked if the $8.00 dollars per hour was both the judges and the clerks. The party representatives informed the judge that the pay is the same for both. Mr. Crain informed Judge Garcia that he would check if the county has authority to increase the pay. Judge asked Mr. Crain if they could take that kind of action at this meeting. Mr. Crain advised the judge that they could not do that on this agenda.

Judge requested Mr. Valde Guerra to include an item for the next agenda, to provide a supplemental increase of $4.00 dollars per hour to the election judges and workers for the runoff elections for both parties. Mr. Godinez informed the court that so far they have 260 workers.

The chairman informed the court members that while they were on recess, they held a CEC meeting and one of the members made motion and a second  and it was passed to give the authority for the 45, if they had no other choice. According to Mr. Godinez, Mrs. Giffin feels comfortable with 55 to 60 locations. Judge Garcia remarked to Mr. Godienz, that they're not going to tell him what number to come up with; as it is important to have a fair election. Mr. Godinez requested to meet again with his party members to discuss the concerns. Judge Garcia allowed for the recess but emphasized to Mr. Godinez that he wanted to tackle this issue today,as the Election's Department has a lot work. Mrs. Ramon reminded the judge that the training doesn't get pay, and the judges have an additional $25.00 dollars for pick up and deliver which the county pays. Ms. Melissa Alvarez explained that the delivery fee for the parties is $15.00 dollars, when the county pays $25.00 dollars. For judges is $12.00 and $10.10 for clerks, so that would be $4.00 dollars for the clerk and $6.00 dollars for judges, $10.00 for delivery fee and $7.00 dollars for training for both parties on election day. Judge Garcia stated that they want to pay the same for election day for the primary runoff, he asked Ms.Alavarez to provide this information to Mr. Guerra. 

Mr. Godinez and Mrs. Giffin informed Commissioner Cantu that if they had 75 polls and increase by $1.00 dollar an hour they would be looking at $4,500 

Judge Garcia emphasized to Mr. Godinez that they need to provide a final figure and reassured to them that his committee is not going to be coming back later and ask for a different number.

Court recessed at 11:45 am

Court reconvened at 11:58 am

Mr.Godinez informed that he provided notice to all CEC members as requested by the county judge to be present at this meeting. At the same time he posted a CEC meeting notice, in the event of any action. He advised that the action taken was to approve 55 polling locations with the actual locations to be approve by Mrs.Giffin and they'll provide the information no later than 3:00 pm today. He affirmed with the judge that he would be notifying the candidates of this new decision. Once more Judge Garcia emphasized that this is a Democratic Election and the county is accommodating their request, and they are now determining that 55 poll locations are adequate to serve the needs of the party. 

Mr. Godinez reminded Commissioner Flores that people will get pay until election day. 

Judge Garcia noted to Mrs. Giffin that if she's to need any additional information to get together with Mrs. Ramon. The judge emphasized that they want to be fair about the way things are going to be done, although legally is not the county's responsibility. 

Mrs. Wisewell approached the podium to cite Election Code.Sec.43.003 

Judge Garcia asked Mrs. Wisewell if she was objecting to that decision. Mrs. Wisewell affirmed that she was objecting to the presentation that was presented by the Democratic Party Chair. The Judge informed to Mrs. Wisewell that this is something to do within the party, and they do not have any authority to change it. She stated that she didn't believe there was a legal foundation for the election held by the Democratic Party, because there was no agenda and no citing that there would be a vote on this issue. Mrs. Wisewell added that the Democratic Administrator does not have the authority to determine consolidation of the locations.