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R-2019-0117 - 2/14/2019 RESOLUTION NO. R-2019-0117 WHEREAS, the City of Round Rock wishes to enter into a Joint ].;lection Agreement and Contract for Election Services ("Agreement") with Williamson County and Participating I"Intities for the purpose of sharing election equipment, programming, election personnel, supplies, set-vices, and administrative costs., and WHEREAS, this Agreement is made pursuant to Texas I.,"lection ("ode Sections 31.092 and 271.002 and Texas Education Code Section 11 .058 1, for a joint election to be held on the uniform election date ofMay 4, 2019; and WHEREAS, the City Council desires to enter into said Agreement with Williamson County, Now ']'here fore BE IT RESOI.,,VED BY THE COUN('11, OF TIIE ciTy OF ROUND RO(W, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, the Joint Election Agreement and Contract tbr Election Services, a copy of said Agreement being attached hereto as Exhibit ­A" and incorporated herein for all put-poses. The City Council hereby finds and declares that written notice of the date., hour. place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during Which this Resolution and the subject matter hereof'were discussed, considered and formally acted upon, all as required by the Open Meetings Act, 551, Texas Government Code, as amended. RESOLVED this 14"' day offebruary, 2019. CRAK M RGA Mayor c City of Round R ck. Texas SARA I_ WHITF, City (,'.Iei-k 0 1 12 1904,60418005 EXHIBIT THE ST/TE OF TEXAS COUNTY OFN0LUAMSON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS Joint Election Agreement and Contract for Election Services ("Contract") is mode by and between the Williamson County Elections Administrator("Elections Administrator")and political subdivisions("Participating Authority" or "Participating Authorities") located entirely orpartially inside the boundaries of Williamson County. The complete list of Participating Authorities will be available after the final day to cancel an election as prescribed by the Secretary ofState's election calendar and will belisted ua /#±a#hmmentA. This Contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint election to be held on the uniform election date of May 4, 2019, and administered by Christopher Davis, Williamson County Elections Administrator, This Contract supersedes any and all prior contracts and agreements to conduct joint elections between a Participating Authority and the Williamson County Elections Office. RECITALS WHEREAS, each Participating Authority listed above plans to hold an election on May 4, 2019; VVHEREAS, Williamson County owns an electronic voting system. the Election System and Software (ES&S) iVotronic/M650 Voting System(Version 3,0.1.1),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 for persons with disabilities set forth by Texas Election Code Section 61.012, The Participating Authorities desire to use Williamson County's electronic voting system,to compensate Williamson County for such use, and to share in certain other expenses connected with joint a|ectiono, in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. and NOW THEREFORE, in consideration of the mutual covenmntm, egneementm, and benefits to the parties. IT IS AGREED, asfollows: [ ADMINISTRATION The Participating Authorities agree to hold a"Joint Election"with Williamson County and each other in accordance with Chapter 271 of the Texas Election Code and this Contract, The Elections Administrator shall oourdinate, eupenviae, and handle all aspects of administering the Joint Election as provided in this Contract. Each Participating Authority agrees to pay the Elections Administrator for equipment, prggnamming, election pensonne|, auppDeo, eervioem, and administrative costs as provided in this Contract. The Elections Administrator shall serve as the Election Officer for the Joint Election; however, each Participating Authority 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 each Participating Authority as necessary, It is understood that other political subdivisions and districts may wish to participate in the use of Williamson County's electronic voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election services for those purpomee, on terms and conditions generally similar to those set forth in this Contract. In such cases, costs shall be pro-rated among the participants according to Section XII of this Contract. |iLEGAL DOCUMENTS Each Participating Authority aho|| be responsible for the prapunehon, adoption, and publication of all required election ordere, raao!utinna, nohoea, and any other pertinent documents required by the Texas Election Code and/or the Participating Authority's governing body,charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all voting equipment testing notices that are required by the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places change. Preparation of the necessary materials for nodmaa and the official bmUcd eheU be the responsibility of each Participating Authority, including providing the text inEnglish and Spanish. Each Participating Authority shall provide ecopy of their respective election orders and notices to the Elections Administrator. III. NONPERFORMANCE The Elections Administrator will inform each Participating Authority of any problems or deficiencies in their respective performance of obligations under this conhmd, including but not limited to non-adherence to deadlines for requests for information ofeach Participating Authority by the Elections Administrator, and may set a reasonable period of time to cure or obtain adequate assurance that any such problems or deficiencies will be timely addressed and corrected. The Participating Authority's failure to cure problems or deficiencies nm|ebmd to its ob|igadons, duties, and responsibilities in accordance with all terms and conditions of this Agreement will be considered in any future contracts with Elections Administrator orWilliamson Cnunty, and any Participating Authority failing to perform will reimburse Elections Administrator for any additional costs and expenses to Williamson County, including all costs associated with interference ofconducting the election. IV. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locations shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed Election Day voting locations are listed in Attachment B of this Contract and may be amended. In the event a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location. The Elections Administrator shall notify the Participating Authorities of any changes from the locations listed inAttachment B. If polling places for the May 4, 2019 Joint Election are different from the polling place(s) used by a Participating Authority in its most recent election, the Participating Authority agrees to post a notice no later than May 4. 2019 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and listing the Participating Authority's polling place names and addresses in effect for the May 4, 2018 election. This notice shall be written inboth the English and Spanish languages. V. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL The Elections Administrator will recruit all election workers. The Elections Administrator will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve and meet the eligibility requirements in Subchapter C of Chapter 32 of the Texas Election Code and meet any requirements to serve as an Election Worker set forth by the Williamson County Commissioners Court. The Elections Administrator shall arrange for the training and compensation of all election judges, c|erks, and election personnel. The Elections Administrator shall arrange for the date, time, and place for the presiding election judges to pick up their election supplies. As set forth in Sec. 32.009 of the Texas Election Code, each presiding election judge and alternate presiding judge shall be given written notice of their appointment. The notice from the Elections Administrator will include the polling location and the number of election clerks the presiding judge may appoint, Each election judge and clerk will receive compensation at the hourly rate established by Williamson County pursuant to Texas Election Code Section 32.091, The election judge, or his dasignee, 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 tothe central counting station after the polls close. The compensation rates established byWilliamson County are: Early Voting—Early Voting Supervisor($12anhour). Clerks ($1Oanhour) EodyVodng—EVPWmbi|eTemm: Supervisor($14anhour). Clerks ($12onhour) Election Day— Presiding Judge($12 an hour), Alternate Judge ($10 an hour), Clerk ($10 an hour) Rev 01.24.2019 2 May 4.2V/Q Election judges and clerks who attend voting equipment and procedures training shall be compensated at the hourly rates listed above. The Elections Administrator may employ other personnel as necessary for the proper administration ofthe election, including such part-time help as is necessary to prepare for the e|ecUon, to ensure the timely delivery ofsupplies during Early Voting and on Election Duy, for the efficient tabulation of ballots at the central counting abation, and for the post- election processes conducted by warehouse personnel. Part-time personnel working in support ofthe Early Voting Ballot Board and/or central counting station on Election Night will be compensated at the hourly rate set by Williamson County in accordance with Election Code Sections 87.005, 127.004. and 127.008. In accordance with Sec. 31.098 of the Texas Election Code, the Elections Administrator is authorized to contract with third persons for election services and supplies. The actual cost of such third-person services and supplies will be paid by the Elections Administrator and reimbursed by the Participating Authorities. VI. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment inc|uding, but not limited to,Williamson County's electronic voting aynham and equipment, official baUote, sample ballots, voter registration |iste, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability oftables and chairs ateach polling place and shall procure rented tables and chairs for those polling p|eoem that do not have a sufficient number oftables and/or chairs. The Elections Administrator shall be responsible for conducting all required haebng of the electronic eguipment, as required by Chapters 127 and 12Qofthe Texas Banbon Code. Joint participants shall share voting equipment and supplies tothe extent possible. Asingle ballot containing all the offices or propositions stating measures to be voted on at a particular polling place may be used in a joint election. A voter may not be permitted to select a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. K4u|dp|e ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each Participating Authority shall furnish the Elections Administrator with a list ofcandidates 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 of offices and text in both English and Spanish languages). The Participating Authorities are required to submit information in m format ortemplate requested by the Elections [}Mima. Each Participating Authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and/or propositions. Each Participating Authority shall also beresponsible for proofing and approving the audio recording ofthe ballot insofar na itpertains hothat authority's candidates and/or propositions. In the event a Participating Authority identifies an error after approval of their respective ballot proof(s), and any programming and/or audio files require changes, the Participating Authority approving the uhQinm| ballot and audio proof will be responsible for the full cost of reprogramming, if required.This will include the cost of reprogramming ballot language and/or audio files for other Participating Authorities as necessary due to software limitations. Early Voting by Personal Appearance and/or the use of Vote Centers, Texas Election Code Section 43.007. on Election Day shall be conducted exclusively on Williamson County's iVotronic electronic voting system. Provisional ballots will becast onpaper ballots. The Elections Administrator shall be responsible forthe programming,preparation,testing,and delivery of the voting system equipment for the election msrequired bythe Election Code. The Elections Administrator shall conduct criminal background checks for relevant election offinia|s, stoff, and temporary workers upon hiring uarequired byElection Code 12Q.Q51(g). Rev 01.24.20,19 3 May w.28/g Vil. EARLY VOTING The Participating Authorities agree N conduct joint Early Voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 . Texas Election Codm, Each Participating Authority agrees to appoint the Elections Administrator's permanent county employees as Deputy Early Voting clerks. The Participating Authorities further agree that the Elections Administrator may appoint other Deputy Early Votirio 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 Williamson County pursuant to Section 83.052 of the Texas Election Code. Deputy Early Voting clerks who are permanent employees of the Williamson County Elections Administrator may be paid from the election services contract fund for contractual duties performed outside of normal business hours(Sec. 31.1O8(e). Texas Election Code). Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment C of this document and may be amended. In the event voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location. The Elections Administrator shall notify the Participating Authorities of any changes from the locations listed inAttachment C. Any Williamson County qualified voter ofthe Joint Election may vote early bypersonal appearance otany one ofthe joint 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 Participating Authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing, The address of the Early Voting Clerk is as follows: Mailing Address Physical Location Early Voting Clerk Early Voting Clerk Williamson County Elections Office 301 SE Inner Loop, Suite 104 PO Box 209 Georgetown, TX 78626 Georgetown, TX 78627 After the first day of Early Voting, the Elections Administrator shall post on the Williamson County Elections Office webpage, the Early Voting turnout by Early Voting polling location by day and a cumulative final Early Voting turnout report following the close ofEarly Voting. V||i EARLY VOTING BALLOT BOARD Williamson County shall appoint an Early Voting Ballot Board(EVBB)to process Early Voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, oho|| appoint two or more additional members toconstitute the EVBB. The Elections Administrator shall determine the number ofEVBB members required to efficiently process the Early Voting ballots. |X. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator will take the necessary steps for establishing and operating the central counting station toreceive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this Contract. The Counting Station Manager or an approved representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated. The Counting Station Manager ohmU be responsible for releasing unofficial cumulative bzta|e and precinct returns from the election to the joint podioipantm, oandidebeo, press, and general public by distribution of hard copies at the central counting station and by posting to the VVi|homoon County Elections Office webpoga, Toensure the accuracy ofreported election returne, nasu|be printed on the tapes produced by Williamson County's voting equipment will not be released to the Participating Authorities at any individual polling locations. Rev 01.24.2019 4 May 4.2O1g The Elections Administrator will prepare the unofficial canvass reports that are necessary for compliance with Election Code Section 67.004, after all precincts have been counted and will deliver a copy of the unofficial canvass to each Participating Authority om soon as possible after all returns have been tabulated. Each Participating Authority shall be responsible for the official canvass of its respective election(s). The official canvass of election shall not take p|oms either before May 7. 2O19orafter May 15. 2O1O. The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the Secretary of State as required by Section 67.0 17 of the Election Code. Each Participating Authority agrees to upload these reports. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 ofthe Texas Election Code unless o waiver is granted by the Secretary ofState. Notification and copies of the recount, if waiver is denied,will be provided to each Participating Authority and the Secretary of State's Office. X. PARTICIPATING AUTHORITIES WITH TERRITORY OWTSlUEVV|LL|AMSON COUNTY The Elections Administrator will consider conducting elections in territories outside of Williamson County on a case- by-case basis. Upon agreeing toconduct such an e|aohon. the Participating Authority shall be responsible for all costs associated with the conduct ofthe election outside ofWilliamson County. X|. RUNOFF ELECTIONS Each Participating Authority shall have the option of extending the terms of this Contract through its runoff election, if applicable. In the event of such runoff e|eodnn, the terms of this Contract shall automatically extend unless the Participating Authority notifies the Elections Administrator in writing within 3 business days of the original election. Each Participating Authority shall reserve the right to reduce the number of Early Voting locations and/or Election Day voting locations inerunoff election. If necessary, any voting changes made by a Participating Authority between the original election and the runoff election shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each Participating Authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 4, 2019 election and to conduct its drawing for ballot positions mtorimmediately following such meeting in order to expedite preparations for its runoff election. Each Participating Authority eligible to hold runoff elections after the May 4, 2019 Uniform Election Date agrees that the date of a necessary runoff election shall be held in accordance with the Election Code. XII. ELECTION EXPENSES AND ALLOCATION OF COSTS Charges. In consideration for the joint election services provided hereunder by the Elections Administrator. the Participating Authorities will be charged e share of election oosts, e staffing agency fee for election wmrkers, an administrative fee, and for the lease ofvoting equipment. 1. Share ofElection Costs. Each Participating Authority's share of election costs will be (i)a base fee of $1,000.00, (ii) plus a pro rata share of the total of all costs incurred by the Elections Administrator in connection with the administration ofelections ofother entities held otthe same time aethe election. The sum of the base charges from all Participating Authorities will be subtracted from the 1nte| of all costs before eUocohnQ the remaining unoto to each Participating Authority. Each Participating Authority's share of the remaining (allocated) costs will be determined as follows: The number of registered voters ineach individual Participating Authority will bedivided bythe number ofall registered voters of all Participating Authorities to determine each entity's pro rata share expressed as a peroentoga, which will then be multiplied against each of the m||oomtod costs (remaining coots after Rev 0124,2019 5 May^.001e base charges are subtracted) asitemized on the final Total Cost report/invoice submitted hoeach Participating Authority after the election. The end result will beacharge huthe Participating Authority of$1,000.00 plus the Participating Authority's allocated share of county-wide election costs not covered bythe sum mfall base fees received. 2. Each Participating Authority's shone of the staffing agency fee for election workers will be determined onopro rata basis. The staffing agency fee is based on a markup cost percentage of 27%of the gross wages of election workers not classified as employees of Williamson County. 3. Lease of Voting Equipment. Per Texas Election Code Section 123.032(d). the Williamson County Commissioners Court has established the following prices for leasing county-owned voting equipment: ° $25O.00per ADA iVotronioDRE; ° $250.O0per iVotnmnicDRE; ° $85.00 per iVotronicprinter; ° $250.00 per electronic po||book. The Participating Authority's share of voting equipment costs will be determined on e pro rata basis. Leasing cost will be calculated once for the Early Voting period and once for Election Day. If the County acquires additional equipment, different voting equipment or upgrades existing equipment during the term of this Contract, the charge for the use of the equipment may be reset by the Williamson County Commissioners Court. 4. Administrative Fee. Each Participating Authority agrees to pay the Williamson County Elections Administrator an administrative fee equal to ten percent(1O96)ofits total billable costs in accordance with Section 31.1OO(d)ofthe Texas Election Code. The Elections Administrator shall deposit all funds payable under this Contract into the appropriate fund(m) within the Williamson County treasury in accordance with Election Code Section 31.100. X111.WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any Participating Authority may withdraw from this Contract and the Joint Election should it cancel its election in accordance with Sections 2.O51 - 2.O53ofthe Texas Election Code. XIV. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election oeauthorized bySection 271.Q1Oofthe Texas Election Code. Access tothe election records shall beavailable toeach Participating Authority aswell aatothe public|naccordance with applicable provisions ofthe Texas Election Code and the Texas Public Information Act. The election records oho|| 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, |itigabon, 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, Rev V12*,2819 6 May 4.2U1g XV. RECOUNTS OR CONTESTED ELECTION Arecount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document the presiding officer ofthe contracting Participating Authority agrees that any recount shall take place at the offices of the Elections Administrator or at a location of the Elections Administrator's choosing, and that the Elections Administrator shall serve asRecount Supervisor and the Participating Authority's official or employee who performs the duties of a secretary under the Texas Election Code shall serve aeRecount Coordinator. In the event of a contested election, the expenses of a new election ordered by a court of competent jurisdiction or Participating Authority will be paid for and by the Participating Authority in accordance with Texas Election Code 221�O 14 The Elections Administrator agrees to provide advisory services toeach Participating Authority oanecessary ho conduct aproper recount. XVI. MISCELLANEOUS PROVISIONS 1The Elections Administrator shall file copies of this document with the Williamson County Treasurer and the Williamson County Auditor in accordance with Section 31.099 of the Texas Election Code. 2. 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. 3, 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 Williamson County, Texas, 4. In the event that 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 oheU be construed an if such inva|id, iUeQei or unenforceable provision had never been contained herein, 5. All parties shall comply with all applicable |sws, ordinanmss, and codes of the State of Texas, all |ooe| gowannmentm, 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 aeewaiver ofany subsequent breach. 7. Any amendments of this Contract shall be of no effect unless in writing and signed by all parties hereto. 8. Participating Authority agrees to act in good faith in the pedbnnmnoe of this mgneement, and shall immediately contact and notify the Elections Administrator ofany potential problems or issues relevant to the subject matter ofthis contract. Rev 01.24.2019 7 May 4,2O{Q XVW. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated cost for the May 4, 2019 election is $275,000.00 and is based partly on the costs of the May 6, 2017 and May 5,2018 joint general special elections.After the final determination has been made of whom the Participating Authorities will be and the Contracts are fully executed,the Elections Administrator shall provide each Participating Authority with an official cost estimate. Each Participating Authority's percent share of the estimated total cost is based on the number of registered voters and further described in Section X11.1. of this Contract. Each Participating Authority agrees to pay the Williamson County Elections Administrator a deposit of 50%of the estimated obligation no later than 15 days after receiving the official coot estimate. As soon as reasonably possible after the election, the Elections Administrator will submit an itemized invoice to each Participating Authority based on the actual expenses (supported by documentation such as time sheets, compensation forms, and invoices)directly attributable to the services provided by the Elections Administrator. The exact amount ofeach Participating Authority's obligation under the terms of this Contract shall be calculated mhmr the election(or runoff election, if applicable);and, if the amount of an Authority's total obligation exceeds the amount deposited, the authority shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the authority's total obligation is less than the amount deposited, the Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated. XVIII. SIGNATURE PAGE WITNESS BYK4YHAND THIS THE —DAY C]F . 2019. ELECTIONS ADMINISTRATOR: Christopher Davis, Elections Administrator Williamson County, Texas WITNESS BY MY HAND THIS THE DAY DF . 2019 PARTICIPATING AUTHORITY:, Name ofParticipating Authority: By: Printed Nome Official Capacity: ATTEST: Rev 01.24.2019 8 May 4,2Q18 ATTACHMENT A (To be provided after the final day to cancel an election as prescribed by the Texas Secretary of State's Election Law Calendar) List of Participating Authorities (to be determined) Rev 0'1.24.2019 9 May 4,20319 ATTACHMENT B Election Day voting locations(to be determined) Rev 01,24.2019 10 May 4,20,19 ATTACHMENT Early Voting Schedule with Voting Locations(to bedetermined)