Elections Administrator explains required affidavit
(Seguin) — It appears as though some voters casting their ballots early in the May 4th Springs Hill Water Supply Corporation election have been walking away frustrated from the polls after being asked to sign a state mandated affidavit clearing their eligibility in the election.
Lisa Hayes, the Guadalupe County Elections Administrator, says she is apologizing for any frustration that voters might be experiencing and says the requirement comes straight from the Secretary of State’s office.
“So this requirement is for Springs Hill voters only — Springs Hill SUD confirmation election. These are the only voters that are affected by this legal requirement and the water code requires that ‘a voter who votes in a confirmation election for a special utility district complete a voter affidavit prior to voting.’ I’ve checked with the Secretary of State to ensure that this is accurate. They agree this has to be done. So, it’s the law. It’s not something that the water district has just put on the voters or that the elections office has put on the voters. This is determined by the Election Code Section 49.1025 of the Texas Water Code,” said Hayes.
The state describes this extra paperwork at the polls as a safeguard measure implemented to protect the integrity of the special utility district and its residents and to help combat any outside or private influences.
Hayes says most of the questions on the affidavit help to confirm a voter’s residency.
“Basically the voter needs to complete this affidavit that gives when they moved into the district and that they voted in this election and they are a registered voter in Guadalupe County and they are not a developer or anything like that. That they are not a developer that they are a resident of the district and then they have to sign it and the poll worker signs it,” said Hayes. “It’s a fairly simple document. I understand it’s an inconvenience but it is the law. It’s not something that any of us have any choice in requiring. It’s required by law.”
Although voters don’t have to agree to sign the affidavit, Hayes says they are obligated to let voters know of the ramifications of that decision.
“We have had a lot of voters that are frustrated with this and if a voter does not want to complete this affidavit, that is entirely up to them. But if they don’t complete the affidavit, then I have been directed by the Secretary of State that that voter has to vote provisionally and as you may know, with a provisional ballot, if it is determined it’s not eligible to be counted, the entirety of the ballot will not be counted. So, if the voter lives in Springs Hill and say, one of the school districts is having an election, they’ve got a joint ballot — if they opt not to complete this affidavit and it’s determined that their ballot can not be counted because they did not complete the affidavit then none of that ballot will be counted and so, we’ve been making a point of just letting the voters know that so they make an informed decision. We don’t want anyone to not understand the ramifications of their action,” said Hayes.
More importantly, Hayes says voters shouldn’t have to worry about the security or privacy of the information they submit.
“When these affidavits go to the Attorney General, the office of the Attorney General will get these affidavits. Our office is simply gathering them in accordance with the law and they will be sent to the Attorney General’s Office for review with the confirmation election results. The voters should have no fear that this tells anyone if they voted or not because in all honesty, whether a voter votes or not is already public information. That information is already available on our website the day after the voter votes early. We have rosters of voters who vote everyday. We are legally required to post that information on our website. So, the voters being concerned that this is going to let anyone know that they vote is unfounded because that information is already publicly available by law,” said Hayes.
Springs Hill is only one of several entities holding an election this weekend. The water corporation wants to convert itself into a special utility district, or SUD. Springs Hill customers are being asked to approve the change, which officials say will help Springs Hill meet the growing demand for water in this area.
Hayes says although early voting has ended, voters still have an opportunity to cast their ballots this Saturday, May 4, Election Day. Polls will be open from 7 a.m. to 7 p.m.
Meanwhile, Hayes says voters who still has questions or concerns about the affidavit are asked to call her directly at the elections office. The number is 830-303-6363.