89R2500 MLH-F
By: Hall S.B. No. 2753
A BILL TO BE ENTITLED
AN ACT
relating to the time, place, and manner of voting, including
abolishing early and absentee voting, providing for a voting
period, and establishing voting centers; reestablishing criminal
offenses and authorization for certain fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CONDUCT OF ELECTIONS
SECTION 1.001. Chapter 31, Election Code, is amended by
adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. DEPUTY CLERK FOR VOTING BY MAIL
Sec. 31.061. DEPUTY CLERK GENERALLY. (a) Deputy clerks may
be appointed as provided by this subchapter to assist the county
clerk in administering voting by mail in the county.
(b) A deputy clerk under this subchapter is an officer of
the election in which the deputy serves.
(c) A deputy clerk under this subchapter has the same
authority as the county clerk in conducting voting by mail, subject
to the county clerk's supervision.
Sec. 31.062. DEPUTY FOR COUNTY CLERK OR CITY SECRETARY. (a)
In an election in which a county clerk or a city secretary is
performing the functions of a county clerk with regard to voting by
mail, the county clerk or city secretary by written order may
appoint one or more of that officer's permanent deputies as deputy
clerks under this subchapter. The clerk or secretary may appoint
temporary deputies to serve as deputy clerks under this subchapter
in accordance with the law applicable to the appointment of
deputies generally.
(b) For a temporary deputy to be eligible for appointment as
a deputy clerk under this section, the temporary deputy must meet
the requirements for eligibility for service as a presiding
election judge, except that:
(1) an appointee is not required to be a qualified
voter of any particular territory other than the county, in the case
of an appointment by a county clerk, or the city, in the case of an
appointment by a city secretary;
(2) in an election in which the county clerk is a
candidate, an appointee's status as an employee of the clerk does
not make the appointee ineligible for appointment as a deputy
clerk; and
(3) an appointee who is a permanent employee of the
county or city, as applicable, and a qualified voter of any
territory is not required to be a qualified voter of the county or
city, as applicable.
Sec. 31.063. DEPUTY FOR OTHER CLERKS. (a) In an election
in which a person other than a county clerk or a city secretary is
performing the functions of a county clerk with regard to voting by
mail, the authority appointing the clerk, by written order, may
appoint one or more deputy clerks under this subchapter.
(b) To be eligible for appointment as a deputy clerk under
this section, a person must meet the requirements for eligibility
for appointment as the county clerk.
Sec. 31.064. EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS
DEPUTY. An employee of a political subdivision may serve as a
deputy clerk under this subchapter in an election affecting the
political subdivision if the political subdivision's governing
body approves the appointment.
SECTION 1.002. Section 32.003, Election Code, is amended to
read as follows:
Sec. 32.003. JUDGES FOR VOTING CENTER [CONSOLIDATED COUNTY
ELECTION PRECINCTS]. If election precincts are assigned to a
voting center [consolidated in a special election in which the
regular county election precincts are required to be used], the
commissioners court shall appoint the election judges to serve in
each voting center [consolidated precinct] from among the judges
appointed for the precincts assigned to the voting center
[comprising the consolidated precinct].
SECTION 1.003. Subchapter A, Chapter 41, Election Code, is
amended by adding Sections 41.009 and 41.010 to read as follows:
Sec. 41.009. METHOD OF VOTING. A voter in this state may
only cast a ballot:
(1) in person on election day or during the voting
period; or
(2) by mail in the time and manner provided by this
code.
Sec. 41.010. VOTING PERIOD. The voting period begins on the
eighth day before election day and continues through the day before
election day, including Saturdays, Sundays, and holidays.
SECTION 1.004. Section 41.031, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) On election day [Except as provided by Section 41.033],
the polls shall be opened at 7 a.m. for voting and shall be closed at
7 p.m., except as provided by Section 41.033.
(a-1) On each day of the voting period, the polls shall be
open for voting:
(1) in a county with a population of 50,000 or more,
for the same hours as on election day; and
(2) in a county with a population of less than 50,000,
for not fewer than eight consecutive hours between 6 a.m. and 7
p.m., provided the polls shall be open for voting for the same hours
each day of the voting period.
SECTION 1.005. Section 42.002(b), Election Code, is amended
to read as follows:
(b) Except as provided by Section 42.0052 [Sections 42.008
and 42.009], county election precincts may not be combined or
consolidated for an election.
SECTION 1.006. Subchapter A, Chapter 42, Election Code, is
amended by adding Section 42.0052 to read as follows:
Sec. 42.0052. VOTING CENTERS. (a) The commissioners court
may create one or more voting centers in the county. Except as
provided by this section, a voting center is a polling place and is
subject to all laws applicable to a polling place.
(b) The commissioners court may assign one or more election
precincts to a voting center. A precinct that is assigned to a
voting center may not operate a separate polling place for the
precinct.
(c) Election precincts assigned to a voting center may not
serve a total of more than 5,000 registered voters.
(d) If the commissioners court creates more than one voting
center, the number of voters served by the smallest voting center in
the county may not be less than 95 percent of the number of voters
served by the largest voting center in the county.
SECTION 1.007. Section 43.002(b), Election Code, is amended
to read as follows:
(b) If county election precincts are assigned to a voting
center under Section 42.0052 [consolidated], the commissioners
court shall designate the location of the voting center [polling
place for the consolidated precinct].
SECTION 1.008. Section 43.003, Election Code, is amended to
read as follows:
Sec. 43.003. DESIGNATION OF LOCATION: PRIMARY ELECTION.
The county chair of a political party holding a primary election
shall designate the location of the polling place for each election
precinct in the primary unless the precinct is one that is assigned
to a voting center under Section 42.0052 [consolidated]. In that
case, the county executive committee shall designate the location
of the voting center.
SECTION 1.009. Title 6, Election Code, is amended by adding
Subtitle A, and a heading is added to that subtitle to read as
follows:
SUBTITLE A. VOTING IN PERSON
SECTION 1.010. Chapters 61, 62, 63, and 64, Election Code,
are transferred to Subtitle A, Title 6, Election Code, as added by
this Act, reenacted, and amended to read as follows:
CHAPTER 61. CONDUCT OF VOTING IN PERSON GENERALLY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 61.001. BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF
CANDIDATE. (a) Except as permitted by this code and as described
by Subsection (b) [(a-1)], a person may not be in the polling place
from the time the presiding judge arrives there on the first day of
the voting period [election day] to make the preliminary
arrangements until the precinct returns have been certified and the
election records have been assembled for distribution following the
election.
(b) [(a-1)] Under this code, a person may be lawfully
present in a polling place during the time described by Subsection
(a) if the person is:
(1) an election judge or clerk;
(2) a watcher;
(3) the secretary of state;
(4) a staff member of the Elections Division of the
Office of the Secretary of State performing an official duty in
accordance with this code;
(5) an election official, a sheriff, or a staff member
of an election official or sheriff delivering election supplies;
(6) a state inspector;
(7) a person admitted to vote;
(8) a child under 18 years of age who is accompanying a
parent who has been admitted to vote;
(9) a person providing assistance to a voter under
Section 61.032 or 64.032;
(10) a person accompanying a voter who has a
disability;
(11) a special peace officer appointed by the
presiding judge under Section 32.075;
(12) the county chair of a political party conducting
a primary election, as authorized by Section 172.1113;
(13) a voting system technician, as authorized by
Section 125.010;
(14) the county election officer, as defined by
Section 31.091, as necessary to perform tasks related to the
administration of the election; or
(15) a person whose presence has been authorized by
the presiding judge in accordance with this code.
(c) [(b)] A candidate in the election commits an offense if
the candidate is in a polling place during the period described by
Subsection (a) for a purpose other than:
(1) voting; or
(2) official business in the building in which the
polling place is located.
(d) [(c)] It is an exception to the application of
Subsection (c) [(b)] that the candidate:
(1) is not within plain view or hearing of the persons
in the voting area or the area in which voters are being accepted
for voting; and
(2) is not engaged in campaign activity.
(e) [(d)] An offense under this section is a Class C
misdemeanor.
Sec. 61.002. OPENING AND CLOSING POLLING PLACE FOR VOTING.
(a) Immediately before opening the polls for voting on the first
day of the [early] voting period [and on election day], the
presiding election judge or alternate election judge shall confirm
that each voting machine has any public counter reset to zero and
shall print the tape that shows the counter was set to zero for each
candidate or measure on the ballot.
(b) At the official time for opening the polls for voting,
an election officer shall open the polling place entrance and admit
the voters.
(c) Immediately after closing the polls for voting on
election day, the presiding election judge or alternate election
judge shall print the tape to show the number of votes cast for each
candidate or ballot measure for each voting machine.
(d) Each election judge or alternate election judge present
shall sign a tape printed under this section.
Sec. 61.003. ELECTIONEERING AND LOITERING NEAR POLLING
PLACE. (a) A person commits an offense if, while the polls are open
for voting [during the voting period] and within 100 feet of an
outside door through which a voter may enter the building in which a
polling place is located, the person:
(1) loiters; or
(2) electioneers for or against any candidate,
measure, or political party.
(b) [(a-1)] The entity that owns or controls a public
building being used as a polling place may not, at any time while
the polls are open for voting [during the voting period], prohibit
electioneering on the building's premises outside of the area
described in Subsection (a), but may enact reasonable regulations
concerning the time, place, and manner of electioneering.
(c) [(b)] In this section, "electioneering"[:
[(1) "Electioneering"] includes the posting, use, or
distribution of political signs or literature. The term does not
include the distribution of a notice of a party convention
authorized under Section 172.1114.
(d) [(2) "Voting period" means the period beginning when
the polls open for voting and ending when the polls close or the
last voter has voted, whichever is later.
[(c)] An offense under this section is a Class C
misdemeanor.
Sec. 61.004. UNLAWFUL OPERATION OF SOUND AMPLIFICATION
DEVICE OR SOUND TRUCK. (a) A person commits an offense if, while
the polls are open for voting [during the voting period] and within
1,000 feet of a building in which a polling place is located, the
person operates a sound amplification device or a vehicle with a
loudspeaker while the device or loudspeaker is being used for the
purpose of:
(1) making a political speech; or
(2) electioneering for or against any candidate,
measure, or political party.
(b) For the purpose of Subsection (a), a person operates a
vehicle with a loudspeaker if the person drives the vehicle, uses
the loudspeaker, or operates sound equipment in connection with the
loudspeaker.
(c) [In this section, "voting period" means the period
prescribed by Section 61.003(b).
[(d)] An offense under this section is a Class C
misdemeanor.
Sec. 61.005. SECURITY OF BALLOTS, BALLOT BOXES, AND
ENVELOPES. (a) From the time a presiding judge receives the
official ballots for an election until the precinct returns for
that election have been certified, the presiding judge shall take
the precautions necessary to prevent access to the ballots, ballot
boxes, and envelopes used for provisional ballots in a manner not
authorized by law.
(b) The ballots, ballot boxes, and envelopes used for
provisional ballots at a polling place shall, [be in plain view of
at least one election officer] from the time the polls open for
voting on the first day of the voting period until the precinct
returns have been certified, be:
(1) in plain view of at least one election officer
while polls are open; or
(2) secured in the manner prescribed by the secretary
of state while polls are closed.
(c) A presiding election judge commits an offense if the
judge fails to prevent another person from handling a ballot box
containing voters' marked ballots or an envelope containing a
voter's provisional ballot in an unauthorized manner or from making
an unauthorized entry into the ballot box or envelope. An offense
under this subsection is a Class A misdemeanor.
Sec. 61.006. UNLAWFULLY DIVULGING VOTE. (a) A person
commits an offense if the person was in a polling place for any
purpose other than voting and knowingly communicates to another
person information that the person obtained at the polling place
about how a voter has voted.
(b) An offense under this section is a felony of the third
degree.
(c) This section does not apply to information presented in
an official investigation or other official proceeding in which the
information is relevant.
Sec. 61.007. UNLAWFULLY REVEALING INFORMATION BEFORE POLLS
CLOSE. (a) An election officer, watcher, or other person serving
at a polling place in an official capacity commits an offense if,
before the polls close or the last voter has voted, whichever is
later, the officer, watcher, or other person reveals:
(1) the number of votes that have been received for a
candidate or for or against a measure;
(2) a candidate's position relative to other
candidates in the tabulation of the votes;
(3) whether a measure is passing or failing; or
(4) the names of persons who have or have not voted in
the election.
(b) An offense under this section is a Class A misdemeanor.
(c) On each day of the voting period and on election day,
beginning [Beginning] at 9:30 a.m. and at each subsequent two-hour
interval through 5:30 p.m., the presiding judge shall post written
notice of the total number of voters who have voted in the precinct.
The notice shall be posted at an outside door through which a voter
may enter the building in which the polling place is located. The
presiding judge in a county described by Section 41.031(a-1)(2) is
not required to post the notice if, at a time for posting the notice
during the voting period, polls are not open for voting.
Sec. 61.008. UNLAWFULLY INFLUENCING VOTER. (a) A person
commits an offense if the person indicates to a voter in a polling
place by word, sign, or gesture how the person desires the voter to
vote or not vote.
(b) An offense under this section is a Class B misdemeanor.
Sec. 61.009. INSTRUCTING VOTER ON CASTING BALLOT. On the
request of a voter, an election officer shall instruct the voter on
the proper procedure for casting a ballot.
Sec. 61.010. WEARING NAME TAG OR BADGE IN POLLING PLACE.
(a) Except as provided by Subsection (b), a person may not wear a
badge, insignia, emblem, or other similar communicative device
relating to a candidate, measure, or political party appearing on
the ballot, or to the conduct of the election, in the polling place
or within 100 feet of any outside door through which a voter may
enter the building in which the polling place is located.
(b) An election judge, an election clerk, a state or federal
election inspector, a certified peace officer, or a special peace
officer appointed for the polling place by the presiding judge
shall wear while on duty in the area described by Subsection (a) a
tag or official badge that indicates the person's name and title or
position.
(c) A person commits an offense if the person violates
Subsection (a). An offense under this subsection is a Class C
misdemeanor.
Sec. 61.011. REMOVING WRITTEN COMMUNICATIONS FOUND IN
POLLING PLACE. (a) An election officer shall periodically check
each voting station and other areas of the polling place for sample
ballots or other written communications used by voters that were
left or discarded in the polling place.
(b) An election officer shall remove from the sight of the
voters any written communication found under Subsection (a).
Sec. 61.012. ACCESS BY PERSONS WITH DISABILITIES. (a)
Except as provided by Section 61.013, each polling place must
provide at least one voting station that:
(1) complies with:
(A) Section 504 of the federal Rehabilitation Act
of 1973 (29 U.S.C. Section 794) and its subsequent amendments;
(B) Title II of the federal Americans with
Disabilities Act (42 U.S.C. Section 12131 et seq.) and its
subsequent amendments; and
(C) the requirements for accessibility under 52
U.S.C. Section 21081(a)(3) [42 U.S.C. Section 15481(a)(3)] and its
subsequent amendments; and
(2) provides a practical and effective means for
voters with physical disabilities to cast a secret ballot.
Sec. 61.013. ACCESS BY PERSONS WITH DISABILITIES: ELECTIONS
OF CERTAIN POLITICAL SUBDIVISIONS. (a) For an election other than
an election of a political subdivision that is held jointly with
another election in which a federal office appears on the ballot,
the political subdivision is not required to meet the requirements
of Section 61.012(a)(1)(C) if the political subdivision:
(1) is a county with a population of less than 2,000;
(2) is a county with a population of 2,000 or more but
less than 5,000, and the county provides at least one voting station
that meets the requirements for accessibility under 52 U.S.C.
Section 21081(a)(3) [42 U.S.C. Section 15481(a)(3)] on election
day;
(3) is a county with a population of 5,000 or more but
less than 10,000, and the county provides at least one voting
station that meets the requirements for accessibility under 52
U.S.C. Section 21081(a)(3) [42 U.S.C. Section 15481(a)(3)] on
election day and during the voting period [for early voting by
personal appearance];
(4) is a county with a population of 10,000 or more but
less than 20,000, and the county:
(A) makes a showing in the manner provided by
Subsection (c) that compliance with Section 61.012(a)(1)(C)
constitutes an undue burden on the county;
(B) provides at least one voting station that
meets the requirements for accessibility under 52 U.S.C. Section
21081(a)(3) [42 U.S.C. Section 15481(a)(3)] on election day and
during the voting period [for early voting by personal appearance];
and
(C) provides a mobile voting station that meets
the requirements for accessibility under 52 U.S.C. Section
21081(a)(3) [42 U.S.C. Section 15481(a)(3)] that during the voting
period [for early voting by personal appearance] is deployed at
least once at each polling place [used for early voting by personal
appearance]; or
(5) is located in a county described by Subdivisions
(1)-(4) and meets the same requirements as the county in which the
political subdivision is located.
(b) A voter with a disability who [that] desires a
reasonable accommodation to vote in an election of a county
described by Subsection (a)(1) or a political subdivision located
in that county shall make a request for the accommodation with the
county [early voting] clerk of the county or political subdivision
not later than the 21st day before the date of the election. On
receipt of the request, the county [early voting] clerk shall make a
reasonable accommodation to allow the voter to cast a vote.
(c) A county or political subdivision may make a showing of
undue burden under Subsection (a)(4)(A) by filing an application
with the secretary of state not later than the 90th day before the
date of the election that states the reasons that compliance would
constitute an undue burden. A showing of an undue burden may be
satisfied by proof that the election costs associated with
compliance with Section 61.012(a)(1)(C) constitute a significant
expense for the county or political subdivision and reflect an
increase of at least 25 percent in the costs of holding an election
as compared to the costs of the last general election held by the
county or political subdivision before January 1, 2006. Not later
than the 20th day after the date of receiving an application under
this section, the secretary of state shall determine whether
compliance with Section 61.012(a)(1)(C) is an undue burden for the
county or political subdivision.
(d) A county or political subdivision that intends to use
this section to provide fewer voting stations that meet the
requirements for accessibility under 52 U.S.C. Section 21081(a)(3)
[42 U.S.C. Section 15481(a)(3)] than required by Section
61.012(a)(1)(C) must:
(1) provide notice to the secretary of state of that
intent not later than the 90th day before the date of the election;
and
(2) for a county described by Subsection (a)(2), (3),
or (4), or a political subdivision located in such a county, publish
notice of the location of each voting station that meets the
requirements for accessibility under 52 U.S.C. Section 21081(a)(3)
[42 U.S.C. Section 15481(a)(3)] in a newspaper of general
circulation in the county or political subdivision not later than
the 15th day before the date of the start of the voting period [of
early voting by personal appearance].
(e) For purposes of this section, a political subdivision
located in more than one county may choose:
(1) to be considered located in the county that
contains the greatest number of registered voters of the political
subdivision; or
(2) for each portion of the political subdivision
located in a different county, to be considered a separate
political subdivision.
(f) The secretary of state shall prescribe procedures and
adopt rules as necessary to implement this section.
Sec. 61.014. USE OF CERTAIN DEVICES. (a) A person may not
use a wireless communication device within 100 feet of a voting
station.
(b) A person may not use any mechanical or electronic means
of recording images or sound within 100 feet of a voting station.
(c) The presiding judge may require a person who violates
this section to turn off the device or to leave the polling place.
(d) This section does not apply to:
(1) an election officer in conducting the officer's
official duties;
(2) the use of election equipment necessary for the
conduct of the election; or
(3) a person who is employed at the location in which a
polling place is located while the person is acting in the course of
the person's employment.
SUBCHAPTER B. INTERPRETER
Sec. 61.031. USE OF ENGLISH LANGUAGE. (a) Except as
provided by Subsection (b), an election officer may not use a
language other than English in performing an official duty in
connection with the election.
(b) If a voter cannot communicate in English, an election
officer may communicate with the voter in a language that the voter
and the officer understand.
Sec. 61.032. INTERPRETER PERMITTED. If an election officer
who attempts to communicate with a voter does not understand the
language used by the voter, the voter may communicate through an
interpreter selected by the voter or, if the voter has not selected
an interpreter, any interpreter an election officer may appoint.
Sec. 61.033. ELIGIBILITY TO SERVE AS INTERPRETER. To be
eligible to serve as an interpreter, a person:
(1) may be any person other than the voter's employer,
an agent of the voter's employer, or an officer or agent of a labor
union to which the voter belongs; and
(2) if appointed to serve as an interpreter by an
election officer, must be a registered voter of the county in which
the voter needing the interpreter resides or a registered voter of
an adjacent county.
Sec. 61.034. TRANSLATING BALLOT. If a voter cannot
comprehend the language in which the ballot is printed, the voter
may receive assistance in accordance with Subchapter B, Chapter 64.
Sec. 61.035. OATH. (a) Before serving as an interpreter,
the person selected as interpreter must take the following oath
administered by an election officer:
"I swear (or affirm) that, to the best of my ability, I will
correctly interpret and translate each question, answer, or
statement addressed either to the voter by any election officer or
to an election officer by the voter."
(b) A person who will be providing ballot assistance under
Section 61.034 must also take the oath required by Subchapter B,
Chapter 64, and meet all other requirements of that subchapter.
Sec. 61.036. TRANSLATION REQUIRED. (a) If an election
officer and a voter communicate in a language other than English,
any other election officer or watcher may request an English
translation of anything communicated in the other language.
(b) If a translation request is made, the election officer
communicating with the voter shall make the translation.
SUBCHAPTER C. VOTING BY DISABLED VOTER FROM VOTING SYSTEM PRECINCT
Sec. 61.041. ELIGIBILITY. A qualified voter in whose
precinct polling place voting is conducted by voting machine is
eligible to vote by the mail ballot procedure provided by this
subchapter if the voter has a sickness or physical condition that
prevents the voter from voting in the regular manner without
personal assistance or a likelihood of injuring the voter's health.
Sec. 61.042. FORM AND CONTENTS OF APPLICATION. An
application to vote by mail under this subchapter must:
(1) be in the form of an affidavit; and
(2) include, in addition to the information required
by the applicable provisions of Section 72.002, a statement that
the applicant has not previously voted in the election.
Sec. 61.043. TIME AND PLACE FOR VOTING. Voting under this
subchapter shall be conducted on election day, beginning at 7 a.m.
and concluding at 7 p.m., at the county clerk's office. However, if
the mail ballots are processed at a location other than the county
clerk's office, the county clerk may require the voting to be
conducted at that location.
Sec. 61.044. VOTING PROCEDURE. (a) On submission of an
application to the county clerk, the clerk shall review the
application and verify the applicant's registration status in
accordance with the procedure applicable to voting by mail.
(b) The voting shall be conducted with the balloting
materials for voting by mail.
(c) The voter must mark and seal the ballot in the same
manner as if voting by mail except that the certificate on the
carrier envelope need not be completed.
(d) On sealing the carrier envelope, the voter must give it
to the clerk, who shall note on the envelope that the ballot is
voted under this subchapter.
(e) If the voter is physically unable to enter the county
clerk's office without personal assistance or a likelihood of
injuring the voter's health, the clerk shall deliver the balloting
materials to the voter at the office's entrance or curb following
the procedures prescribed by Section 64.009.
Sec. 61.045. PROCESSING RESULTS. The results of voting
under this subchapter shall be processed in accordance with the
procedures applicable to processing mail ballots.
Sec. 61.046. ENTRY ON SIGNATURE ROSTER. The signature
roster must include the name of each person voting under this
subchapter with a notation indicating that the person voted under
this subchapter.
CHAPTER 62. PRELIMINARY ARRANGEMENTS
Sec. 62.001. OFFICERS TO ASSEMBLE. (a) On each day of the
voting period and on election day, the presiding judge and the
election clerks the judge assigns to assist with preparing the
polling place shall meet at the polling place in time to prepare it
to receive the voters.
(b) If the polling place is left unattended at any time
after the preparations for voting begin, the presiding judge shall
take appropriate steps to provide for the security of the polling
place. This subsection does not affect the security requirements
for a polling place after the polls open.
Sec. 62.002. TIME FOR COMPLETING ARRANGEMENTS. Except as
otherwise provided by this chapter, the arrangements prescribed by
this chapter shall be completed at a polling place before it is
opened for voting.
Sec. 62.003. ELECTION OFFICERS: OATH AND IDENTIFICATION.
(a) The presiding judge and the election clerks present at the
polling place before the polls open shall repeat the following oath
aloud:
"I swear (or affirm) that I will not in any manner request or
seek to persuade or induce any voter to vote for or against any
candidate or measure to be voted on, and that I will faithfully
perform my duty as an officer of the election and guard the purity
of the election."
(b) A clerk who arrives after the oath is made shall repeat
the oath aloud before performing any duties as an election officer.
(c) Following administration of the oath, each election
officer shall be issued a form of identification, prescribed by the
secretary of state, to be displayed by the officer during the
officer's hours of service at the polling place.
Sec. 62.004. ARRANGING VOTING STATIONS. The voting
stations shall be arranged so that:
(1) the voting area is in view of the election
officers, watchers, and persons waiting to vote but is separated
from the persons waiting to vote;
(2) access to the voting area through any entrance
other than one designated by the presiding judge is prevented; and
(3) the voting area is adequately lighted.
Sec. 62.005. EXAMINING BALLOT BOXES. An election officer
shall open and examine the ballot boxes and remove any contents from
the boxes.
Sec. 62.006. PLACING BOX FOR DEPOSIT OF MARKED BALLOTS. The
ballot box to be used by the voters to deposit marked ballots shall
be locked. The ballot box and the box used for the deposit of
provisional ballots shall be placed where they will be in plain view
of the election officers, watchers, and persons waiting to vote.
Sec. 62.007. EXAMINING BALLOTS. (a) An election officer
shall unseal the ballot package, remove the ballots, and examine
them to determine whether they are properly numbered and printed.
(b) An unnumbered or otherwise defectively printed ballot
shall be placed in ballot box no. 4.
Sec. 62.008. PRESIDING JUDGE TO SIGN BALLOTS. (a) The
presiding judge's signature shall be placed on the back of each
ballot to be used at the polling place.
(b) The judge shall sign each ballot or an election officer
shall stamp a facsimile of the judge's signature on each ballot.
(c) The signing of ballots need not be completed before the
polls open, but an unsigned ballot may not be made available for
selection by the voters.
Sec. 62.009. DISARRANGING BALLOTS FOR VOTERS' SELECTION.
(a) As needed for voting, an election officer shall disarrange a
supply of the ballots so that they are in random numerical order.
(b) The disarranged ballots shall be placed face down on a
table in a manner preventing an election officer or other person
from ascertaining the number of a ballot selected by a voter.
(c) The provisional ballots shall be placed separately from
the regular ballots.
Sec. 62.010. DISTANCE MARKER. (a) An election officer
shall place one or more distance markers at the outer limits of the
area within which electioneering is prohibited.
(b) A distance marker must contain the following language
printed in large letters: "Distance Marker. No electioneering or
loitering between this point and the entrance to the polling
place."
Sec. 62.011. INSTRUCTION POSTER. (a) An election officer
shall post an instruction poster:
(1) in each voting station; and
(2) in one or more other locations in the polling place
where it can be read by persons waiting to vote.
(b) The secretary of state shall prescribe the form and
content of the instruction poster. If it is not practical to fit all
of the information required by this section on a single poster, the
secretary of state may provide for the use of two or more posters to
convey the information.
(c) The poster must include instructions applicable to the
election on:
(1) marking and depositing the ballot;
(2) voting for a write-in candidate;
(3) casting a provisional ballot; and
(4) securing an additional ballot if the voter's
original ballot is spoiled.
(d) The poster must also include the following information:
(1) the date of the election and the hours during which
the polling place is open;
(2) general information on voting rights under state
and federal laws, including information on the right of an
individual to cast a provisional ballot and the individuals to
contact if a person believes these rights have been violated; and
(3) general information on state and federal laws that
prohibit acts of fraud or misrepresentation.
Sec. 62.0111. NOTICE OF PROHIBITION OF CERTAIN DEVICES.
(a) At the discretion of the presiding judge, notice of the
prohibition of the use of certain devices under Section 61.014 may
be posted at one or more locations in the polling place where it can
be read by persons waiting to vote.
(b) The secretary of state shall prescribe the wording of a
notice posted under this section.
Sec. 62.0112. NOTICE OF VOTER COMPLAINT INFORMATION. (a)
At one or more locations in the polling place easily visible to
voters, the presiding judge shall post notice in a form prescribed
by the secretary of state that informs voters of whom [who] to call
or write to if a voter has a complaint about the conduct of the
election.
(b) The title of the notice must read "Voter Complaint
Information" and must be printed in at least 100-point Times New
Roman font. The notice must:
(1) include the telephone number for the voting rights
hotline established by the secretary of state under Section
31.0055;
(2) include any available telephone number dedicated
to reporting complaints about the local election official that is
administering the election; and
(3) include mailing addresses or Internet websites, as
available, to which voters may direct complaints to the federal,
state, or local governments about the conduct of elections.
Sec. 62.0115. PUBLIC NOTICE OF VOTERS' RIGHTS. (a) The
secretary of state shall adopt rules providing for publicizing
voters' rights as prescribed by this section. The rules must
require that a notice of those rights be publicized:
(1) by being posted by an election officer in a
prominent location at each polling place;
(2) on the Internet website of the secretary of state;
(3) through material published by the secretary of
state; or
(4) in another manner designed to give voters notice
of their rights.
(b) Except as revised by the secretary of state under
Subsection (d), the notice must state that a voter has the right to:
(1) vote a ballot and view written instructions on how
to cast a ballot;
(2) vote in secret and free from intimidation;
(3) receive up to two additional ballots if the voter
mismarks, damages, or otherwise spoils a ballot;
(4) request instructions on how to cast a ballot, but
not to receive suggestions on how to vote;
(5) bring an interpreter to translate the ballot and
any instructions from election officials;
(6) receive assistance in casting the ballot if the
voter:
(A) has a physical disability that renders the
voter unable to write or see; or
(B) cannot read the language in which the ballot
is written;
(7) cast a ballot on executing an affidavit as
provided by law, if the voter's eligibility to vote is questioned;
(8) report an existing or potential abuse of voting
rights to the secretary of state or the local election official;
(9) [except as provided by Section 85.066(b), Election
Code,] vote during the [at any early] voting period [location in the
county in which the voter resides] in an election held at county
expense, a primary election, or a special election ordered by the
governor at a location in which the voter would be eligible to vote
on election day; and
(10) file an administrative complaint with the
secretary of state concerning a violation of federal or state
voting procedures.
(c) The notice must also state:
(1) the information relating to the voting rights
hotline required under Section 31.0055; and
(2) any other information that the secretary of state
considers important for a voter to know.
(d) The secretary of state shall prescribe the form and
content of the notice in accordance with this section. The
secretary of state shall revise the content of the notice as
necessary to ensure that the notice accurately reflects the law in
effect at the time the notice is publicized.
Sec. 62.012. POSTING SAMPLE BALLOT. An election officer
shall post a sample ballot in one or more locations in the polling
place where it can be read by persons waiting to vote.
Sec. 62.013. UNAUTHORIZED POSTING OF SIGNS PROHIBITED. (a)
An election officer commits an offense if the officer knowingly
posts at a polling place, including the area within 100 feet of an
outside door through which a voter may enter the building in which
the polling place is located, a sign, card, poster, or other similar
material that:
(1) is not authorized or required by law; or
(2) is in a form or contains information that is not
authorized or required by law.
(b) A person other than an election officer commits an
offense if the person posts a sign, card, poster, or other similar
material at a polling place, including the 100-foot area described
by Subsection (a).
(c) An offense under this section is a Class C misdemeanor.
Sec. 62.014. MODIFICATION OF LIST OF REGISTERED VOTERS.
(a) If a registration correction list is provided for a polling
place, an election officer shall make the changes to the list of
registered voters that are necessary to make it conform to the
registration correction list.
(c) An election officer may make the changes to the list of
registered voters required by this section at a location other than
the polling place before it is opened for voting.
Sec. 62.015. PLACING INDELIBLE MARKING INSTRUMENT IN
STATION. (a) An indelible marking instrument shall be placed in
each voting station.
(b) In this section, "indelible marking instrument" means
an instrument that makes marks that cannot easily be removed or
erased.
Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE
POLLING PLACES. The presiding judge shall post in a prominent place
on the outside of each polling location a list of the acceptable
forms of identification. The list must be printed using a font that
is at least 24-point. The notice required under this section must be
posted separately from any other notice required by state or
federal law.
CHAPTER 63. ACCEPTING VOTER
Sec. 63.001. REGULAR PROCEDURE FOR ACCEPTING VOTER. (a)
Except as otherwise provided by this code, acceptance of voters
shall be conducted as provided by this section and Section 63.0011.
(b) Except as provided by Subsection (h), on offering to
vote, a voter must present to an election officer at the polling
place:
(1) one form of photo identification listed in Section
63.0101(a); or
(2) one form of identification listed in Section
63.0101(b) accompanied by the declaration described by Subsection
(i).
(c) On presentation of the documentation required under
Subsection (b), an election officer shall determine whether the
voter's name on the documentation is on the list of registered
voters for the precinct. If in making a determination under this
subsection the election officer determines under standards adopted
by the secretary of state that the voter's name on the documentation
is substantially similar to but does not match exactly with the name
on the list, the voter shall be accepted for voting under Subsection
(d) if the voter submits an affidavit stating that the voter is the
person on the list of registered voters.
(c-1) An election officer may not refuse to accept
documentation presented to meet the requirements of Subsection (b)
solely because the address on the documentation does not match the
address on the list of registered voters.
(d) If, as determined under Subsection (c), the voter's name
is on the precinct list of registered voters and the voter's
identity can be verified from the documentation presented under
Subsection (b), the voter shall be accepted for voting. An election
officer may not question the reasonableness of an impediment sworn
to by a voter in a declaration described by Subsection (i).
(e) On accepting a voter, an election officer shall indicate
beside the voter's name on the list of registered voters that the
voter is accepted for voting. If the voter executes a declaration of
reasonable impediment to meet the requirement for identification
under Subsection (b), the election officer must affix the voter's
voter registration number to the declaration either in numeric or
bar code form.
(f) After determining whether to accept a voter, an election
officer shall return the voter's documentation to the voter.
(g) If the requirements for identification prescribed by
Subsection (b) are not met, the voter may be accepted for
provisional voting only under Section 63.011. For a voter who is not
accepted for voting under this section, an election officer shall:
(1) inform the voter of the voter's right to cast a
provisional ballot under Section 63.011; and
(2) provide the voter with written information, in a
form prescribed by the secretary of state, that:
(A) lists the requirements for identification;
(B) states the procedure for presenting
identification under Section 92.1541 [65.0541];
(C) includes a map showing the location where
identification must be presented; and
(D) includes notice that if all procedures are
followed and the voter is found to be eligible to vote and is voting
in the correct precinct, the voter's provisional ballot will be
accepted.
(h) The requirements for identification prescribed by
Subsection (b) do not apply to a voter who is disabled and presents
the voter's voter registration certificate containing the
indication described by Section 15.001(c) on offering to vote.
(i) If the requirement for identification prescribed by
Subsection (b)(1) is not met, an election officer shall notify the
voter that the voter may be accepted for voting if the voter meets
the requirement for identification prescribed by Subsection (b)(2)
and executes a declaration declaring the voter has a reasonable
impediment to meeting the requirement for identification
prescribed by Subsection (b)(1). A person is subject to prosecution
for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
false statement or false information on the declaration. The
secretary of state shall prescribe the form of the declaration. The
form shall include:
(1) a notice that a person is subject to prosecution
for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
false statement or false information on the declaration;
(2) a statement that the voter swears or affirms that
the information contained in the declaration is true, that the
person described in the declaration is the same person appearing at
the polling place to sign the declaration, and that the voter faces
a reasonable impediment to procuring the identification prescribed
by Subsection (b)(1);
(3) a place for the voter to indicate one of the
following impediments:
(A) lack of transportation;
(B) lack of birth certificate or other documents
needed to obtain the identification prescribed by Subsection
(b)(1);
(C) work schedule;
(D) lost or stolen identification;
(E) disability or illness;
(F) family responsibilities; and
(G) the identification prescribed by Subsection
(b)(1) has been applied for but not received;
(4) a place for the voter to sign and date the
declaration;
(5) a place for the election judge to sign and date the
declaration;
(6) a place to note the polling place at which the
declaration is signed; and
(7) a place for the election judge to note which form
of identification prescribed by Subsection (b)(2) the voter
presented.
Sec. 63.0011. STATEMENT OF RESIDENCE REQUIRED. (a) Before
a voter may be accepted for voting, an election officer shall ask
the voter if the voter's residence address on the precinct list of
registered voters is current and whether the voter has changed
residence within the county. If the voter's address is omitted from
the precinct list under Section 18.005(c), the officer shall ask
the voter if the voter's residence, if listed, on identification
presented by the voter under Section 63.001(b) is current and
whether the voter has changed residence within the county.
(b) If the voter's residence address is not current because
the voter has changed residence within the county, the voter may
vote, if otherwise eligible, in the election precinct in which the
voter is registered if the voter resides in the county in which the
voter is registered and, if applicable:
(1) resides in the political subdivision served by the
authority ordering the election if the political subdivision is
other than the county; or
(2) resides in the territory covered by the election
in a less-than-countywide election ordered by the governor or a
county authority.
(c) Before being accepted for voting, the voter must execute
and submit to an election officer a statement including:
(1) a statement that the voter satisfies the
applicable residence requirements prescribed by Subsection (b);
(2) all of the information that a person must include
in an application to register to vote under Section 13.002; and
(3) the date the statement is submitted to the
election officer.
(d) [(c-1)] The statement described by Subsection (c) must
include a field for the voter to enter the voter's current county of
residence.
(e) [(d)] The voter registrar shall provide to the general
custodian of election records a sufficient number of statements of
residence for use in each election.
(f) [(e)] The voter registrar shall retain each statement
of residence on file with the voter's voter registration
application.
(g) [(f)] Information included on a statement of residence
under Subsection (c)(2) is subject to Section 13.004(c).
Sec. 63.0013. FALSE STATEMENT ON DECLARATION OF REASONABLE
IMPEDIMENT. (a) A person commits an offense if the person
intentionally makes a false statement or provides false information
on a declaration executed under Section 63.001(i).
(b) An offense under this section is a state jail felony.
Sec. 63.0015. ACCEPTING VOTERS WITH CERTAIN DISABILITIES.
(a) In this section, "mobility problem that substantially impairs a
person's ability to ambulate" has the meaning assigned by Section
681.001, Transportation Code.
(b) An election officer shall accept a person with a
mobility problem that substantially impairs a person's ability to
ambulate who is offering to vote before accepting others offering
to vote at the polling place who arrived before the person.
(c) Notice of the priority given to persons with a mobility
problem that substantially impairs a person's ability to ambulate
shall be posted:
(1) at each entrance to a polling place where it can be
read by persons waiting to vote;
(2) on the Internet website of the secretary of state;
and
(3) on each Internet website relating to elections
maintained by a county.
(d) The notice required by Subsection (c) must read:
"Pursuant to Section 63.0015, Election Code, an election officer
shall give voting order priority to individuals with a mobility
problem that substantially impairs the person's ability to move
around. A person assisting an individual with a mobility problem
may also, at the individual's request, be given voting order
priority. Disabilities and conditions that may qualify you for
voting order priority include paralysis, lung disease, the use of
portable oxygen, cardiac deficiency, severe limitation in the
ability to walk due to arthritic, neurological, or orthopedic
condition, wheelchair confinement, arthritis, foot disorder, the
inability to walk 200 feet without stopping to rest, or use of a
brace, cane, crutch, or other assistive device."
(e) A person assisting a voter in accordance with Section
64.032(c) may be accepted to vote concurrently with a person
accepted under Subsection (b) of this section at the voter's
request.
(f) All procedures and accommodations available for voters
with disabilities, including voting under Section 64.009, shall be
posted in an accessible manner on the county clerk's Internet
website.
Sec. 63.002. SIGNATURE ROSTER. (a) A signature roster
shall be maintained by an election officer at the polling place
during the voting period and on election day.
(b) A voter who is accepted for voting must sign the roster
before the voter is permitted to vote.
(c) If the voter cannot sign the voter's name, an election
officer shall enter the voter's name with a notation of the reason
for the voter's inability to sign the roster.
(d) The signature roster may be in the form of an electronic
device approved by the secretary of state that is capable of
capturing a voter's signature next to the voter's name on the
device. The secretary of state shall adopt rules governing the
processing of electronic signatures captured under this
subsection.
Sec. 63.003. POLL LIST. (a) A poll list shall be maintained
by an election officer at the polling place during the voting period
and on election day.
(b) The poll list shall be maintained as an original and two
copies.
(c) An election officer shall enter each accepted voter's
name on the list after the voter signs the signature roster. The
voters' names shall be entered on the poll list in the same order in
which they appear on the signature roster.
(d) The poll list may be in the form of an electronic device
approved by the secretary of state. The secretary of state shall
adopt rules governing the use of electronic poll lists.
Sec. 63.004. COMBINATION FORM. (a) The secretary of state
may prescribe forms that combine the poll list, the signature
roster, or any other form used in connection with the acceptance of
voters at polling places with each other or with the list of
registered voters. The secretary shall prescribe any special
instructions necessary for using the combination forms. The
combination forms must include space for an election officer to
indicate whether a voter executed a declaration of reasonable
impediment under Section 63.001(i).
(b) The authority responsible for procuring the supplies
for an election may furnish combination forms for use at the polling
places.
(c) If a combination form is used, it shall be maintained in
the number of copies specified by this code for the separate form
incorporated into it for which the largest number of copies is
required.
(d) An authority procuring lists of registered voters for
use in an election may not require the voter registrar to furnish
the lists in combination form without the registrar's consent. A
registrar may not require an authority requesting the lists to
accept them in combination form without the authority's consent.
(e) A combination form may be in the form of an electronic
device approved by the secretary of state. The secretary of state
shall adopt rules governing the minimum requirements and approval
of an electronic device used for any form used in connection with
the acceptance of voters at a polling place.
Sec. 63.005. REGISTRATION OMISSIONS LIST. (a) A
registration omissions list shall be maintained by an election
officer at the polling place.
(b) With respect to each voter who is accepted for voting
but whose name is not on the list of registered voters for the
precinct in which the voter is accepted, the election officer shall
record:
(1) the voter's name, residence address, and voter
registration number, if known; and
(2) a notation of the section of this code under which
the voter is accepted that provides for accepting voters who are not
on the list.
Sec. 63.0051. CONFIRMING REGISTRATION STATUS OF VOTER. (a)
If the name of a voter who is offering to vote is not on the precinct
list of registered voters, an election officer may contact the
voter registrar regarding the voter's registration status.
(b) If the election officer determines the voter is a
registered voter of the territory covered by the election but is
offering to vote in the incorrect precinct, the election officer
shall provide the correct precinct location information to the
voter.
(c) Notwithstanding Section 63.009, a voter shall be
accepted for voting if the voter's identity has been verified from
documentation as required by Section 63.001(b) and it can be
determined from the voter registrar that:
(1) the voter's registration was improperly canceled
and has been reinstated under Section 16.037;
(2) an error in the voter registration record caused
the voter's name to not appear on the list of registered voters, and
the error has been corrected under Section 15.022; or
(3) the voter's name has been inadvertently left off
the list of registered voters for the precinct.
(d) After the voter is accepted under Subsection (c), an
election officer shall enter the voter's name on the registration
omissions list.
(e) The voter shall be accepted for provisional voting under
Section 63.011 if the election officer cannot determine that the
voter is a registered voter of the territory covered by the election
in which the voter is offering to vote.
Sec. 63.006. VOTER WITH REQUIRED DOCUMENTATION WHO IS NOT
ON LIST. (a) A voter who, when offering to vote, presents the
documentation required under Section 63.001(b) but whose name is
not on the precinct list of registered voters shall be accepted for
voting if the voter also presents a voter registration certificate
indicating that the voter is currently registered:
(1) in the precinct in which the voter is offering to
vote; or
(2) in a different precinct in the same county as the
precinct in which the voter is offering to vote and the voter
executes an affidavit stating that the voter:
(A) is a resident of the precinct in which the
voter is offering to vote or is otherwise entitled by law to vote in
that precinct;
(B) was a resident of the precinct in which the
voter is offering to vote at the time the information on the voter's
residence address was last provided to the voter registrar;
(C) did not deliberately provide false
information to secure registration in a precinct in which the voter
does not reside; and
(D) is voting only once in the election.
(b) After the voter is accepted, an election officer shall:
(1) indicate beside the voter's name on the poll list
that the voter was accepted under this section; and
(2) enter the voter's name on the registration
omissions list.
Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.
A voter who does not present a voter registration certificate when
offering to vote, and whose name is not on the list of registered
voters for the precinct in which the voter is offering to vote,
shall be accepted for provisional voting if the voter executes an
affidavit in accordance with Section 63.011.
Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
(a) The following documentation is an acceptable form of photo
identification under this chapter:
(1) a driver's license, election identification
certificate, or personal identification card issued to the person
by the Department of Public Safety that has not expired or that
expired no earlier than four years before the date of presentation;
(2) a United States military identification card that
contains the person's photograph that has not expired or that
expired no earlier than four years before the date of presentation;
(3) a United States citizenship certificate issued to
the person that contains the person's photograph;
(4) a United States passport book or card issued to the
person that has not expired or that expired no earlier than four
years before the date of presentation; or
(5) a license to carry a handgun issued to the person
by the Department of Public Safety that has not expired or that
expired no earlier than four years before the date of presentation.
(b) The following documentation is acceptable as proof of
identification under this chapter:
(1) a government document that shows the name and
address of the voter, including the voter's voter registration
certificate;
(2) one of the following documents that shows the name
and address of the voter:
(A) a copy of a current utility bill;
(B) a bank statement;
(C) a government check; or
(D) a paycheck; or
(3) a certified copy of a domestic birth certificate
or other document confirming birth that is admissible in a court of
law and establishes the person's identity.
(c) A person 70 years of age or older may use a form of
identification listed in Subsection (a) that has expired for the
purposes of voting if the identification is otherwise valid.
(d) Pursuant to Section 63.001(c), proof of identification
is presented only for the purpose of identifying a voter and not for
verification of residence.
Sec. 63.0102. USE OF CERTAIN ELECTRONICALLY READABLE
INFORMATION. (a) An election officer may access electronically
readable information on a driver's license or personal
identification card for proof of identification when determining
whether a voter shall be accepted for voting.
(b) The secretary of state shall prescribe any necessary
procedures to implement this section.
Sec. 63.011. PROVISIONAL VOTING. (a) A person to whom
Section 63.001(g) or 63.009 applies may cast a provisional ballot
if the person executes an affidavit stating that the person:
(1) is a registered voter in the precinct in which the
person seeks to vote; and
(2) is eligible to vote in the election.
(b) [(a-1)] A person to whom the county [early voting] clerk
was required to provide a mail [an early voting] ballot [by mail]
under Section 73.001 [86.001] and who did not vote [early] by mail
may cast a provisional ballot on election day if the person executes
an affidavit stating that the person:
(1) is a registered voter in the precinct in which the
person seeks to vote; and
(2) did not vote [early] by mail.
(c) [(b)] A form for an affidavit required by this section
must be printed on an envelope in which the provisional ballot voted
by the person may be placed and must include:
(1) a space for entering the identification number of
the provisional ballot voted by the person; and
(2) a space for an election officer to indicate
whether the person presented a form of identification described by
Section 63.0101.
(d) [(b-1)] The affidavit form may include space for
disclosure of any necessary information to enable the person to
register to vote under Chapter 13. The secretary of state shall
prescribe the form of the affidavit under this section.
(e) [(c)] After executing the affidavit, the person shall
be given a provisional ballot for the election. An election officer
shall record the number of the ballot on the space provided on the
affidavit.
(f) [(d)] An election officer shall enter "provisional
vote" on the poll list beside the name of each voter who is accepted
for voting under this section.
(g) [(e)] A person who is permitted under a state or federal
court order to cast a ballot in an election for a federal office
after the time allowed by Subchapter B, Chapter 41, must cast the
ballot as a provisional vote in the manner required by this section.
Sec. 63.0111. OFFENSES RELATED TO PROVISIONAL VOTING. (a)
An election judge commits an offense if the judge knowingly
provides a voter with a form for an affidavit required by Section
63.001 if the form contains information that the judge entered on
the form knowing it was false.
(b) An offense under this section is a state jail felony.
Sec. 63.012. UNLAWFULLY ACCEPTING OR REFUSING TO ACCEPT
VOTER. (a) An election officer commits an offense if the officer
knowingly:
(1) permits an ineligible voter to vote other than as
provided by Section 63.011; or
(2) refuses to accept a person for voting whose
acceptance is required by this code.
(b) An offense under this section is a Class A misdemeanor.
CHAPTER 64. VOTING PROCEDURES
SUBCHAPTER A. VOTING GENERALLY
Sec. 64.001. VOTER TO SELECT AND PREPARE BALLOT. (a) After
a voter is accepted for voting, the voter shall select a ballot, go
to a voting station, and prepare the ballot.
(b) A voter who executes an affidavit in accordance with
Section 63.011 shall select a provisional ballot.
Sec. 64.002. OCCUPANCY OF VOTING STATION. (a) Except as
otherwise provided by this code, only one person at a time may
occupy a voting station.
(b) A child under 18 years of age may accompany the child's
parent to a voting station.
Sec. 64.003. MARKING THE BALLOT FOR CANDIDATE ON BALLOT. A
vote for a particular candidate whose name is on the ballot must be
indicated by placing an "X" or other mark that clearly shows the
voter's intent in the square beside the name of the candidate for
whom the voter desires to vote.
Sec. 64.005. MARKING THE BALLOT FOR WRITE-IN CANDIDATE. In
an election in which write-in voting is permitted, a vote for a
candidate who is not on the ballot must be indicated by writing the
candidate's name in the appropriate place provided on the ballot.
Sec. 64.006. MARKING THE BALLOT FOR MEASURE. A vote on a
particular measure must be indicated by placing an "X" or other mark
that clearly shows the voter's intent in the appropriate square
that is beside the proposition and that indicates the way the voter
desires to vote on the measure.
Sec. 64.007. SPOILED BALLOT. (a) If a voter mismarks,
damages, or otherwise spoils the ballot in the process of voting,
the voter is entitled to receive a new ballot by returning the
spoiled ballot to an election officer.
(b) A voter is not entitled to receive more than three
ballots.
(c) An election officer shall maintain a register of spoiled
ballots at the polling place. An election officer shall enter on
the register the name of each voter who returns a spoiled ballot and
the spoiled ballot's number. The secretary of state shall create
and promulgate a form to be used for this purpose.
(d) After making the appropriate entry on the register, the
election officer shall deposit the spoiled ballot in ballot box no.
4.
Sec. 64.008. DEPOSITING BALLOT. (a) Except as provided by
Subsection (b), after a voter has marked the ballot, the voter shall
fold the ballot to conceal the way it is marked but to expose the
presiding judge's signature, and shall deposit it in the ballot box
used for the deposit of marked ballots.
(b) After a voter has marked a provisional ballot, the voter
shall enclose the ballot in the envelope on which the voter's
executed affidavit is printed. The person shall seal the envelope
and deposit it in a box available for the deposit of provisional
ballots.
(c) At the time a person casts a provisional ballot under
Subsection (b), an election officer shall give the person written
information describing how the person may use the free access
system established under Section 92.159 [65.059] to obtain
information on the disposition of the person's vote.
Sec. 64.009. VOTER UNABLE TO ENTER POLLING PLACE. (a) If a
voter is physically unable to enter the polling place without
personal assistance or likelihood of injuring the voter's health,
on the voter's request, an election officer shall deliver a ballot
to the voter at the polling place entrance or curb.
(b) [(a-1)] At each polling place an area for parking not
smaller than the size of one parking space shall be reserved for
voting under this section. The area may not be designated
specifically for persons with disabilities. The area must be
clearly marked with a sign:
(1) indicating that the space is reserved for use by a
voter who is unable to enter the polling place; and
(2) displaying, in large font that is clearly readable
from a vehicle, a telephone number that a voter may call or text to
request assistance from an election officer at the polling place.
(c) [(a-2)] As an alternative to displaying a telephone
number under Subsection (b)(2) [(a-1)(2)], a parking space may
comply with the requirements of this section by providing the voter
with a button or intercom that the voter may use to request
assistance from an election officer.
(d) [(b)] The regular voting procedures, except those in
Subchapter B, may be modified by the election officer to the extent
necessary to conduct voting under this section.
(e) [(c)] After the voter is accepted for voting, the voter
shall mark the ballot and give it to the election officer who shall
deposit it in the ballot box.
(f) [(d)] On the voter's request, a person accompanying the
voter shall be permitted to select the voter's ballot and deposit
the ballot in the ballot box.
(g) [(e)] Except as provided by Section 33.057, a poll
watcher is entitled to observe any activity conducted under this
section.
(h) [(f)] A person who simultaneously assists seven or more
voters voting under this section by providing the voters with
transportation to the polling place must complete and sign a form,
provided by an election officer, that contains the person's name
and address and whether the person is providing assistance solely
under this section or under both this section and Subchapter B.
(i) [(f-1)] Subsection (h) [(f)] does not apply if the
person is related to each voter within the second degree by affinity
or the third degree by consanguinity, as determined under
Subchapter B, Chapter 573, Government Code.
(j) [(g)] A form completed under Subsection (h) [(f)] shall
be delivered to the secretary of state as soon as practicable. The
secretary shall retain a form delivered under this section for the
period for preserving the precinct election records and shall make
the form available to the attorney general for inspection upon
request.
(k) [(h)] The secretary of state shall prescribe the form
described by Subsection (h) [(f)].
Sec. 64.010. UNLAWFULLY PERMITTING OR PREVENTING DEPOSIT OF
BALLOT. (a) An election officer commits an offense if the officer:
(1) permits a person to deposit in the ballot box a
ballot that the officer knows was not provided at the polling place
to the voter who is depositing the ballot or for whom the deposit is
made; or
(2) prevents the deposit in the ballot box of a marked
and properly folded ballot that was provided at the polling place to
the voter who is depositing it or for whom the deposit is attempted.
(b) An offense under this section is a Class B misdemeanor.
Sec. 64.011. UNLAWFULLY DEPOSITING BALLOT. (a) A person
commits an offense if the person deposits or attempts to deposit in
a ballot box a ballot that was not provided to the person who is
depositing the ballot or for whom the deposit is made or attempted.
(b) An offense under this section is a Class A misdemeanor
unless the person is convicted of an attempt. In that case, the
offense is a Class B misdemeanor.
Sec. 64.012. ILLEGAL VOTING. (a) A person commits an
offense if the person knowingly or intentionally:
(1) votes or attempts to vote in an election in which
the person knows the person is not eligible to vote;
(2) votes or attempts to vote more than once in an
election;
(3) votes or attempts to vote a ballot belonging to
another person, or by impersonating another person;
(4) marks or attempts to mark any portion of another
person's ballot without the consent of that person, or without
specific direction from that person how to mark the ballot; or
(5) votes or attempts to vote in an election in this
state after voting in another state in an election in which a
federal office appears on the ballot and the election day for both
states is the same day.
(b) An offense under this section is a felony of the second
degree unless the person is convicted of an attempt, in which event
it is a state jail felony.
(c) A person may not be convicted solely upon the fact that
the person signed a provisional ballot affidavit under Section
63.011 unless corroborated by other evidence that the person
knowingly committed the offense.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
Sec. 64.013. SECURITY OF VOTING MACHINE. At the close of
each day of voting during the voting period, including the last day,
the presiding judge at each polling place shall secure each voting
machine in the manner prescribed by the secretary of state to
prevent its unauthorized operation. The presiding judge shall
unsecure the machine before the beginning of voting the following
day.
Sec. 64.014. PUBLICATION OF VOTING INFORMATION. (a)
Information on the poll list for a person who votes a ballot during
the voting period shall be made available for public inspection as
provided by Subsection (b) not later than 11 a.m. on the day after
the date the information is entered on the poll list.
(b) The information under Subsection (a) must be made
available:
(1) on the publicly accessible Internet website of the
county; or
(2) if the county does not maintain a website, on the
bulletin board used for posting notice of meetings of the
commissioners court.
(c) The county clerk for a primary election or the general
election for state and county officers shall submit to the
secretary of state for posting on the secretary of state's Internet
website the information described by Subsection (a) not later than
11 a.m. on the day after the date the information is entered on the
poll list.
(d) The secretary of state shall post the information
described by Subsection (c) on the secretary of state's Internet
website in a downloadable format not later than 11 a.m. on the day
following the day of receipt of the information.
(e) The secretary of state shall create a system for a
county clerk for a primary election or the general election for
state and county officers to provide the information to the
secretary of state for posting on the secretary of state's Internet
website under Subsection (c).
(f) A person registered to vote in the county may submit a
complaint to the secretary of state stating that a county clerk has
not complied with this section.
(g) The secretary of state by rule shall create and maintain
a system for receiving and recording complaints made under this
section.
(h) The secretary of state shall maintain a record
indicating county clerks who have failed to comply with the
requirements of this section.
SUBCHAPTER B. ASSISTING VOTER
Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. A voter is
eligible to receive assistance in marking or reading the ballot, as
provided by this subchapter, if the voter cannot prepare or read the
ballot because of:
(1) a physical disability that renders the voter
unable to write or see; or
(2) an inability to read the language in which the
ballot is written.
Sec. 64.032. PERSONS PROVIDING ASSISTANCE. (a) Except as
provided by Subsection (c), on a voter's request for assistance in
marking the ballot, two election officers shall provide the
assistance.
(b) If a voter is assisted by election officers in the
general election for state and county officers, each officer must
be aligned with a different political party unless there are not two
or more election officers serving the polling place who are aligned
with different parties.
(c) On the voter's request, the voter may be assisted by any
person selected by the voter other than the voter's employer, an
agent of the voter's employer, or an officer or agent of a labor
union to which the voter belongs.
(d) If assistance is provided by a person of the voter's
choice, an election officer shall enter the person's name and
address on the poll list beside the voter's name.
Sec. 64.0321. DEFINITION. For purposes of this subchapter
and Section 73.010 [Sections 85.035 and 86.010], assisting a voter
includes the following conduct by a person other than the voter that
occurs while the person is in the presence of the voter's ballot or
carrier envelope:
(1) reading the ballot to the voter;
(2) directing the voter to read the ballot;
(3) marking the voter's ballot; or
(4) directing the voter to mark the ballot.
Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A
person, other than an election officer, who assists a voter in
accordance with this chapter is required to complete a form
stating:
(1) the name and address of the person assisting the
voter;
(2) the relationship to the voter of the person
assisting the voter; and
(3) whether the person assisting the voter received or
accepted any form of compensation or other benefit from a
candidate, campaign, or political committee.
(b) The secretary of state shall prescribe the form required
by this section. The form must be incorporated into the official
carrier envelope if the voter is voting [an early voting ballot] by
mail and receives assistance under Section 73.010 [86.010], or must
be submitted to an election officer at the time the voter casts a
ballot if the voter is voting at a polling place or under Section
64.009.
Sec. 64.033. READING BALLOT TO VOTER. (a) If a voter is
assisted by election officers, one of them shall read the entire
ballot to the voter unless the voter tells the officer that the
voter desires to vote only on certain offices or measures. In that
case, the officer shall read those items on the ballot specified by
the voter.
(b) If a voter is assisted by a person of the voter's choice,
an election officer shall ask the voter being assisted whether the
voter wants the entire ballot read to the voter. If so, the officer
shall instruct the person assisting the voter to read the entire
ballot to the voter.
Sec. 64.034. OATH. A person, other than an election
officer, selected to provide assistance to a voter must take the
following oath, administered by an election officer at the polling
place, before providing assistance:
"I swear (or affirm) under penalty of perjury that the voter I
am assisting represented to me they are eligible to receive
assistance; I will not suggest, by word, sign, or gesture, how the
voter should vote; I will confine my assistance to reading the
ballot to the voter, directing the voter to read the ballot, marking
the voter's ballot, or directing the voter to mark the ballot; I
will prepare the voter's ballot as the voter directs; I did not
pressure or coerce the voter into choosing me to provide
assistance; I am not the voter's employer, an agent of the voter's
employer, or an officer or agent of a labor union to which the voter
belongs; I will not communicate information about how the voter has
voted to another person; and I understand that if assistance is
provided to a voter who is not eligible for assistance, the voter's
ballot may not be counted."
Sec. 64.035. DEPOSITING BALLOT. After assistance has been
provided in marking a ballot, the ballot shall be folded and
deposited in the ballot box by the voter or, on the voter's request,
by the person assisting the voter.
Sec. 64.036. UNLAWFUL ASSISTANCE. (a) A person commits an
offense if the person knowingly:
(1) provides assistance to a voter who is not eligible
for assistance;
(2) while assisting a voter prepares the voter's
ballot in a way other than the way the voter directs or without
direction from the voter;
(3) while assisting a voter suggests by word, sign, or
gesture how the voter should vote; or
(4) provides assistance to a voter who has not
requested assistance or selected the person to assist the voter.
(b) A person commits an offense if the person knowingly
assists a voter in violation of Section 64.032(c).
(c) An election officer commits an offense if the officer
knowingly permits a person to provide assistance:
(1) to a voter who is not eligible for assistance; or
(2) in violation of Section 64.032(c).
(d) An offense under this section is a Class A misdemeanor.
Sec. 64.037. UNAUTHORIZED ASSISTANCE VOIDS BALLOT. If
assistance is provided to a voter who is not eligible for
assistance, the voter's ballot may not be counted.
SECTION 1.011. Title 6, Election Code, is amended by adding
Subtitles B, C, and D to read as follows:
SUBTITLE B. VOTING BY MAIL
CHAPTER 71. ELIGIBILITY FOR VOTING BY MAIL
Sec. 71.001. ABSENCE FROM COUNTY OF RESIDENCE. (a) Subject
to Subsection (b), a qualified voter is eligible to vote by mail if
the voter expects to be absent from the county of the voter's
residence on election day and during the part of the voting period
remaining after the voter's application to vote by mail is
submitted to the county clerk.
(b) If a voter's application to vote by mail is submitted on
or after the first day of the voting period, the voter is ineligible
to vote by mail unless the voter is absent from the county when the
application is submitted and satisfies the requirements prescribed
by Subsection (a).
Sec. 71.002. DISABILITY OR CONFINEMENT FOR CHILDBIRTH. (a)
A qualified voter is eligible to vote by mail if the voter:
(1) has a sickness or physical condition that prevents
the voter from appearing at the polling place during the voting
period or on election day without a likelihood of needing personal
assistance or of injuring the voter's health; or
(2) is expecting to give birth within three weeks
before or after election day.
(b) The following do not constitute sufficient cause to
entitle a voter to vote under Subsection (a):
(1) a lack of transportation;
(2) a sickness that does not prevent the voter from
appearing at the polling place during the voting period or on
election day without a likelihood of needing personal assistance or
of injuring the voter's health; or
(3) a requirement to appear at the voter's place of
employment on election day.
(c) To be eligible to vote by mail under Subsection (a)(1),
an applicant must affirmatively indicate that the applicant agrees
with the statement prescribed by Section 72.002(a)(6)(B).
Sec. 71.003. CONFINEMENT IN JAIL. (a) A qualified voter is
eligible to vote by mail if, at the time the voter's application to
vote by mail is submitted, the voter is confined in jail:
(1) serving a misdemeanor sentence for a term that
ends on or after election day;
(2) pending trial after denial of bail;
(3) without bail pending an appeal of a felony
conviction; or
(4) pending trial or appeal on a bailable offense for
which release on bail before election day is unlikely.
(b) A voter confined in jail who is eligible to vote may not
vote in person unless the authority in charge of the jail, in the
authority's discretion, permits the voter to do so.
Sec. 71.004. PARTICIPATION IN ADDRESS CONFIDENTIALITY
PROGRAM. A qualified voter is eligible to vote by mail if:
(1) the voter submitted a registration application by
personal delivery as required by Section 13.002(e); and
(2) at the time the voter's application to vote by mail
is submitted, the voter is certified for participation in the
address confidentiality program administered by the attorney
general under Subchapter B, Chapter 58, Code of Criminal Procedure.
Sec. 71.005. INVOLUNTARY CIVIL COMMITMENT. A qualified
voter is eligible to vote by mail if, at the time the voter's
application to vote by mail is submitted, the voter is a person who
is civilly committed as a sexually violent predator under Chapter
841, Health and Safety Code, and is ordered as a condition of civil
commitment to reside in a facility operated by or under contract
with the Texas Civil Commitment Office.
CHAPTER 72. APPLICATION TO VOTE BY MAIL
SUBCHAPTER A. APPLICATION REQUIRED
Sec. 72.001. APPLICATION REQUIRED. (a) To be entitled to
vote by mail, a person who is eligible must make an application to
vote by mail as provided by this subtitle.
(b) Subject to Section 1.011, an application must be
submitted in writing and signed by the applicant using ink on paper.
An electronic signature or photocopied signature is not permitted.
(c) An applicant is not required to use an official
application form.
(d) An application must be submitted by mail to the county
clerk for the election who serves the election precinct of the
applicant's residence.
(e) A timely application that is addressed to the wrong
county clerk shall be forwarded to the proper county clerk not later
than the day after the date it is received by the wrong clerk.
(f) An applicant to vote by mail may apply for ballots for
the main election and any resulting runoff election on the same
application. If an application for the main election and any
resulting runoff is not timely for the main election, it will be
considered timely for any resulting runoff if received not later
than the deadline, determined using the date of the runoff
election, for submitting a regular application to vote by mail.
(g) A person who has not made an application as provided by
this subtitle is not entitled to receive a mail ballot.
Sec. 72.002. CONTENTS OF APPLICATION. (a) An application
to vote by mail must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(2) the following information:
(A) the number of the applicant's driver's
license, election identification certificate, or personal
identification card issued by the Department of Public Safety;
(B) if the applicant has not been issued a number
described by Paragraph (A), the last four digits of the applicant's
social security number; or
(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(B);
(3) an indication of each election for which the
applicant is applying for a ballot;
(4) an indication of the ground of eligibility for
voting by mail;
(5) for an application to vote by mail on the ground of
absence from the county of residence:
(A) the address to which the ballot is to be
mailed; and
(B) an indication that the applicant satisfies
the requirements prescribed by Section 71.001;
(6) for an application to vote by mail on the ground of
disability:
(A) the address of the hospital or long-term care
facility, or of a person related to the applicant within the second
degree by affinity or the third degree by consanguinity, as
determined under Chapter 573, Government Code, if the applicant is
living at that address and that address is different from the
address at which the applicant is registered to vote; and
(B) an affirmative indication that the applicant
agrees with the statement, "I have a sickness or physical condition
that prevents me from appearing at the polling place on election day
without a likelihood of needing personal assistance or injuring my
health," as prescribed by Section 71.002(a);
(7) for an application to vote by mail on the ground of
confinement in jail, the address of the jail or of a person related
to the applicant within the degree described by Subdivision (6)(A);
and
(8) for an application to vote by mail on the ground of
involuntary civil commitment, the address of the facility operated
by or under contract with the Texas Civil Commitment Office or of a
person related to the applicant within the degree of consanguinity
described by Subdivision (6)(A).
(b) A person may use the number of a driver's license,
election identification certificate, or personal identification
card that has expired for the purpose of fulfilling the requirement
under Subsection (a)(2) if the license or identification is
otherwise valid.
(c) An applicant to vote by mail on the ground of absence
from the county of residence may receive that ballot at:
(1) an address outside the applicant's county of
residence; or
(2) the applicant's own residence.
Sec. 72.0021. CONTENTS OF APPLICATION FOR PARTICIPANT IN
ADDRESS CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION. (a) An
application to vote by mail submitted by a qualified voter who is
eligible to vote by mail under Section 71.004 must include:
(1) the applicant's name and address at which the
applicant is registered to vote;
(2) the substitute post office box address designated
by the attorney general under Article 58.052(b), Code of Criminal
Procedure, for use by the voter in place of the voter's true
residential, business, or school address; and
(3) an indication of each election for which the
applicant is applying for a ballot.
(b) The information contained in an application under this
section relating to the address at which the applicant is
registered to vote is confidential, except that the information
must be disclosed if:
(1) requested by a law enforcement agency; or
(2) required by court order.
Sec. 72.003. SIGNING APPLICATION BY WITNESS; ASSISTING
APPLICANT. (a) An application to vote by mail signed for the
applicant by a witness other than the county clerk or a deputy must
indicate the witness's relationship to the applicant or, if
unrelated, indicate that fact.
(b) A person who acts as a witness for an applicant
submitting an application to vote by mail commits an offense if the
person knowingly fails to comply with Section 1.011. A person who
in the presence of the applicant otherwise assists an applicant in
completing an application to vote by mail commits an offense if the
person knowingly fails to comply with Section 1.011(d) in the same
manner as a witness.
(c) An offense under this section is a Class A misdemeanor.
(d) Subsection (b) does not apply if the person is related
to the applicant within the second degree by affinity or the third
degree by consanguinity, as determined under Subchapter B, Chapter
573, Government Code, or is registered to vote at the same address
as the applicant.
Sec. 72.004. UNLAWFULLY WITNESSING APPLICATION FOR MORE
THAN ONE APPLICANT. (a) A person commits an offense if:
(1) the person signs an application to vote by mail as
a witness for more than one applicant in the same election; or
(2) the person signs an application to vote annually
by mail as a witness for more than one applicant in the same
calendar year.
(b) A person does not commit an offense under Subsection (a)
if the person signs applications to vote by mail for more than one
applicant and the person:
(1) signed the applications in the person's capacity
as a county clerk or deputy county clerk; or
(2) is related to the additional applicants as a
parent, grandparent, spouse, child, or sibling.
(c) A violation of this section does not affect the validity
of an application involved in the offense.
(d) Each application signed by the witness in violation of
this section constitutes a separate offense.
(e) An offense under this section is a Class B misdemeanor.
Sec. 72.0041. FRAUDULENT USE OF APPLICATION TO VOTE BY
MAIL. (a) A person commits an offense if the person:
(1) knowingly provides false information on an
application to vote by mail;
(2) intentionally causes false information to be
provided on an application to vote by mail;
(3) knowingly submits an application to vote by mail
without the knowledge and authorization of the voter; or
(4) knowingly and without the voter's authorization
alters information provided by the voter on an application to vote
by mail.
(b) An offense under this section is a state jail felony.
(c) An offense under Subsection (a)(4) does not apply to a
county clerk or deputy county clerk who receives and marks an
application for administrative purposes only.
(d) An offense under this section is increased to the next
higher category of offense if it is shown on the trial of an offense
under this section that:
(1) the defendant was previously convicted of an
offense under this code;
(2) the offense involved a voter 65 years of age or
older; or
(3) the defendant committed another offense under this
section in the same election.
Sec. 72.005. APPLICATION COMPONENTS. Each document that
contains information required for an application to vote by mail
and that is submitted to the county clerk, and any envelope in which
an application is submitted, is part of the application to vote by
mail.
Sec. 72.006. SUBMITTING APPLICATION TO VOTE BY MAIL:
GENERAL RULE. (a) Except as provided by Sections 72.007 and
72.008, an application to vote by mail must be submitted as provided
by this section.
(b) An application must be submitted to the county clerk by:
(1) mail;
(2) common or contract carrier;
(3) subject to Subsection (c), telephonic facsimile
machine, if a machine is available in the clerk's office; or
(4) subject to Subsection (c), electronic
transmission of a scanned application containing an original
signature.
(c) For an application to vote by mail submitted by
telephonic facsimile machine or electronic transmission to be
effective, the application also must be submitted by mail and be
received by the county clerk not later than the fourth business day
after the transmission by telephonic facsimile machine or
electronic transmission is received.
(d) Except as provided by Section 73.0012(b), an
application may be submitted at any time in the year of the election
for which a ballot is requested, but not later than the close of
regular business in the county clerk's office or 12 noon, whichever
is later, on the 11th day before election day unless that day is a
Saturday, Sunday, or legal state or national holiday, in which case
the last day is the first preceding regular business day.
(e) An application is considered to be submitted at the time
of its receipt by the county clerk.
(f) The county clerk shall designate an e-mail address for
receipt of an application under Subsection (b)(4). The secretary
of state shall include the e-mail address designated by each county
clerk on the secretary of state's Internet website.
Sec. 72.007. SUBMITTING APPLICATION TO VOTE BY MAIL:
PERSONAL DELIVERY. Except as otherwise provided by this code, an
applicant to vote by mail may submit the application by delivering
it in person to the county clerk if the application is submitted not
later than the deadline provided by Section 72.006(d).
Sec. 72.008. SUBMITTING APPLICATION TO VOTE BY MAIL:
CONFINEMENT IN JAIL. On request of the applicant, an application to
vote by mail on the ground of confinement in jail may be submitted
to the county clerk, at the discretion of the authority in charge of
the jail, by personal delivery by the jail authority or by a
designated subordinate of the authority.
Sec. 72.009. PRESERVATION OF APPLICATION. Each application
to vote by mail shall be preserved after the election for the period
for preserving the precinct election records.
Sec. 72.010. OFFICIAL APPLICATION FORM. (a) The
officially prescribed application form to vote by mail must
include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 72.003 and 72.004;
(3) spaces for entering an applicant's voter
registration number and county election precinct of registration,
with a statement informing the applicant that failure to furnish
that information does not invalidate the application;
(4) a space for entering the information required under
Section 72.002(a)(2);
(5) a space for an applicant applying on the ground of
absence from the county of residence to indicate the date on or
after which the applicant can receive mail at the address described
by Section 72.002(c);
(6) a space for indicating the fact that an applicant
whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(7) a space for entering an applicant's telephone
number, with:
(A) a statement informing the applicant that
failure to furnish that information does not invalidate the
application; and
(B) a statement prescribed by the secretary of
state explaining the benefits of furnishing that information,
including how that information assists the county clerk;
(8) a space or box for an applicant applying on the
ground of disability to indicate that the address to which the
ballot is to be mailed is the address of a facility or relative
described by Section 72.002(a)(6)(A), if applicable;
(9) a space or box for an applicant applying on the
ground of confinement in jail or involuntary civil commitment to
indicate that the address to which the ballot is to be mailed is the
address of a relative described by Section 72.002(a)(7) or (8), if
applicable;
(10) a space for an applicant applying on the ground of
disability to indicate if the application is an application under
Section 73.0012;
(11) spaces for entering the signature, printed name,
and residence address of any person assisting the applicant;
(12) a statement informing the applicant of the
condition prescribed by Section 73.0011; and
(13) a statement informing the applicant of the
requirement prescribed by Section 73.003(c).
(b) The officially prescribed application form to vote by
mail must be at least eight inches by nine inches in size and be
printed in at least six-point type.
(c) The secretary of state shall make the statement
prescribed by Subsection (a)(7)(A) available on the secretary's
Internet website.
Sec. 72.011. DISTRIBUTION OF APPLICATION FORM. (a) Except
as provided by Subsection (c) or as otherwise authorized by this
code, an officer or employee of this state or of a political
subdivision of this state may not distribute an application form to
vote by mail to a person who did not request an application under
Section 72.001.
(b) An officer or employee of this state or of a political
subdivision of this state may not use public funds to facilitate the
distribution by another person of an application form to vote by
mail to a person who did not request an application under Section
72.001.
(c) A political party or a candidate for office may
distribute an application form to vote by mail to a person who did
not request an application under Section 72.001.
Sec. 72.012. CLERK TO MAIL APPLICATION FORM ON REQUEST. The
county clerk shall mail without charge an appropriate official
application form to vote by mail to each applicant requesting the
clerk to send the applicant an application form.
Sec. 72.0121. CLERK TO POST APPLICATION FORM ONLINE. (a)
The county clerk shall post the official application form to vote by
mail on the clerk's Internet website, if the clerk maintains an
Internet website, in a format that allows a person to easily
complete the application directly on the website before printing.
(b) The county clerk may use the application form provided
by the secretary of state under Section 72.013 or the county clerk's
own application form.
Sec. 72.013. APPLICATION FORMS FURNISHED BY SECRETARY OF
STATE. (a) The secretary of state shall maintain a supply of the
official application forms to vote by mail and shall furnish the
forms in reasonable quantities without charge to individuals or
organizations requesting them for distribution to voters.
(b) The secretary of state shall provide a printable
application to vote by mail in a format that complies with Section
72.0121(a) to the county clerk for use under that section.
Sec. 72.014. ACTION BY COUNTY CLERK ON CERTAIN
APPLICATIONS. If an applicant provides a date of birth, driver's
license number, or social security number on the applicant's
application to vote by mail that is different from or in addition to
the information maintained by the voter registrar in accordance
with Title 2, the county clerk shall notify the voter registrar.
The voter registrar shall update the voter's record with the
information provided by the applicant.
SUBCHAPTER B. CANCELING APPLICATION TO VOTE BY MAIL
Sec. 72.031. CANCELLATION OF APPLICATION. (a) An
application to vote by mail that has been submitted to the county
clerk may be canceled only as provided by this subchapter.
(b) A person whose application is canceled, if otherwise
eligible, may vote in the same manner as if the application had not
been submitted.
Sec. 72.032. REQUEST FOR CANCELLATION. (a) A person
desiring to cancel the person's application to vote by mail must
submit a request for the cancellation to an election officer as
provided by this section.
(b) A request must:
(1) be in writing and signed by the applicant;
(2) specify the election for which the application was
made; and
(3) except as provided by Subsection (c), (d), or (f),
be received by the county clerk:
(A) not later than the third day before election
day; and
(B) if a mail ballot sent to the applicant is
returned to the clerk as a marked ballot, before the marked ballot's
arrival at the address on the carrier envelope.
(c) An applicant may submit a request after the third day
before election day by appearing in person and:
(1) returning the mail ballot to the county clerk; or
(2) executing an affidavit that the applicant:
(A) has not received the mail ballot;
(B) never requested a mail ballot; or
(C) received notice of a defect under Section
92.0412(b) or (d).
(d) An applicant may also submit a request by appearing in
person and returning the mail ballot or presenting a notice
received under Section 73.006(k) to:
(1) the county clerk or deputy county clerk at the
county clerk's office; or
(2) the presiding election judge on election day or
during the voting period at the applicant's precinct polling place.
(e) An election officer shall maintain a register of mail
ballots returned at a polling place under Subsection (d). An
election officer shall enter on the register the name of each voter
who returns a mail ballot and the ballot's number. The secretary of
state shall adopt a form to be used for this purpose.
(f) An applicant may also submit a request at any time after
the mail ballot is returned to the county clerk as a marked ballot
and before the ballot is delivered to the mail ballot board by
appearing in person and executing an affidavit that the applicant
did not mark the ballot.
(g) A request for cancellation in a manner other than as
authorized by this section, including a request by letter, has no
effect.
Sec. 72.033. ACTION ON REQUEST. (a) The election officer
shall review each cancellation request to determine whether it
complies with Section 72.032.
(b) If the request complies, the county clerk shall cancel
the application and enter on the application "canceled" and the
date of cancellation.
(c) If the request complies, the presiding election judge
shall enter on the returned ballot or the notice, as applicable,
"canceled," place it and the request in an envelope, and deposit the
envelope in ballot box no. 4. The applicant's application is
considered to be canceled.
(d) If the request does not comply, the election officer
shall deny the request and enter on the request "denied" and the
date of and reason for the denial. The presiding election judge
shall place the request in an envelope and deposit the envelope in
ballot box no. 4.
Sec. 72.034. NOTICE OF DENIAL. Immediately after denying a
cancellation request, the election officer shall notify the
applicant of the denial. The notice must state the reason for the
denial.
Sec. 72.035. BALLOT SENT TO APPLICANT. (a) If the county
clerk cancels an application by an applicant to whom a mail ballot
has been sent, the clerk shall:
(1) remove the applicant's name from the mail voting
roster; and
(2) make any other entries in the records and take any
other action necessary to prevent the ballot from being counted if
returned.
(b) An election judge may permit a person to whom a mail
ballot has been sent who cancels the person's application to vote by
mail in accordance with Section 72.032 but fails to return the mail
ballot to the county clerk, deputy county clerk, or presiding judge
as provided by that section to vote only a provisional ballot under
Section 63.011.
Sec. 72.036. DISPOSITION OF RETURNED BALLOT. (a) If a mail
ballot sent to an applicant whose application is canceled is
returned to the county clerk as a marked ballot, the ballot shall be
treated as a marked ballot not timely returned.
(b) After making the appropriate entry on a register
maintained under Section 72.032(e), an election officer shall
deposit a mail ballot returned at a polling place under Section
72.032(d) in ballot box no. 4.
Sec. 72.037. PRESERVATION OF DOCUMENTS. (a) The county
clerk shall deliver each cancellation request to the general
custodian of election records. If the application is canceled, the
clerk shall attach it and the corresponding ballot materials, if
available, to the cancellation request and deliver it with the
request.
(b) The general custodian of election records shall
preserve cancellation requests delivered under Subsection (a) for
the period for preserving the precinct election records.
(c) The county clerk shall, not later than the 30th day
after election day, deliver notice to the attorney general of
cancellation requests received, including certified copies of
cancellation requests, applications, and carrier envelopes, if
available.
(d) The attorney general shall prescribe the form and manner
of submission under Subsection (c). The secretary of state shall
adopt rules as necessary to implement the requirements prescribed
under this subsection.
Sec. 72.038. CANCELLATION EFFECTIVE FOR SINGLE ELECTION.
The cancellation of an application to vote by mail under Section
72.032(c), (d), or (f) is effective for a single ballot only and
does not cancel the application with respect to a subsequent
election, including a subsequent election to which the same
application applies under Section 72.001(f) or 73.0012(b).
CHAPTER 73. CONDUCT OF VOTING BY MAIL
Sec. 73.001. REVIEWING APPLICATION AND PROVIDING BALLOT.
(a) The county clerk shall review each application to vote by mail.
(b) If the applicant is entitled to vote a mail ballot, the
clerk shall provide an official ballot to the applicant as provided
by this chapter.
(c) Except as provided by Section 73.008, if the applicant
is not entitled to vote by mail, the clerk shall reject the
application, enter on the application "rejected" and the reason for
and date of rejection, and deliver written notice of the reason for
the rejection to the applicant at both the residence address and
mailing address on the application. A ballot may not be provided to
an applicant whose application is rejected.
(d) If the application does not include the applicant's
correct voter registration number or county election precinct of
residence, the clerk shall enter the appropriate information on the
application before providing a ballot to the applicant.
(e) If the applicant does not have an effective voter
registration for the election, the clerk shall reject the
application unless the clerk can determine from the voter registrar
that the applicant has submitted a voter registration application
and the registration will be effective on election day.
(f) If the information required under Section 72.002(a)(2)
included on the application does not identify the same voter
identified on the applicant's application for voter registration
under Section 13.002(c)(8), the clerk shall reject the application.
(g) If an application is rejected under Subsection (f), the
clerk shall provide notice of the rejection in accordance with
Subsection (c). The notice must include information regarding the
ability to correct or add information required under Section
72.002(a)(2) through the online tool described by Section
73.015(c).
(h) If an applicant corrects an application to vote by mail
online and that application subsequently identifies the same voter
identified on the applicant's application for voter registration,
the clerk shall provide a ballot to the applicant as provided by
this chapter.
(i) If a ballot is provided to the applicant, the clerk
shall indicate beside the applicant's name on the list of
registered voters that a mail ballot was provided to the applicant
and the date of providing the ballot unless the form of the list
makes it impracticable to do so.
Sec. 73.0011. COMMON OR CONTRACT CARRIER. (a) A common or
contract carrier may not be used to perform an act related to voting
by mail unless the carrier:
(1) is a bona fide, for-profit carrier, the primary
business of which is transporting or delivering property for
compensation and the business practices of which are reasonable and
prudent according to the usual standards for the business in which
it is engaged;
(2) routinely uses receipts that:
(A) permit the carrier to retrieve a receipt or
information contained in a receipt;
(B) provide space for the name and residence
address of a person who delivers a parcel to the carrier; and
(C) provide space for the date, time, and address
at which parcels are received by the carrier; and
(3) complies with laws requiring the carrier to file
an assumed name with each county in which the carrier receives or
delivers parcels or with the secretary of state, as appropriate.
(b) A common or contract carrier may not be used to perform
an act related to voting by mail if the carrier transports property
as an incidental activity of a nontransportation business activity
regardless of whether the carrier imposes a separate charge for the
transportation.
Sec. 73.0012. ANNUAL MAIL BALLOTS. (a) This section
applies only to an application to vote by mail that:
(1) indicates the ground of eligibility is disability;
and
(2) does not specify the election for which a ballot is
requested or has been marked by the applicant as an application for
more than one election.
(b) An application described by Subsection (a) is
considered to be an application to vote by mail for each election,
including any ensuing runoff:
(1) in which the applicant is eligible to vote; and
(2) that occurs before the earlier of:
(A) except as provided by Subsection (d), the end
of the calendar year in which the application was submitted;
(B) the date the county clerk receives notice
from the voter registrar under Subsection (h) that the voter has
changed residence to another county; or
(C) the date the voter's registration is
canceled.
(c) An application submitted under this section must be
submitted before the close of regular business in the county
clerk's office or 12 noon, whichever is later, on the 11th day
before election day unless that day is a Saturday, Sunday, or legal
state or national holiday, in which case the last day is the first
preceding regular business day.
(d) An application is considered to be submitted in the
following calendar year for purposes of this section if:
(1) the applicant is eligible to vote in an election
occurring in January or February of the next calendar year; and
(2) the application is submitted in the last 60 days of
a calendar year but not earlier than the 60th day before the date of
the January or February election.
(e) In an election of a political subdivision located in a
county in which the county clerk is not the authority performing the
functions of the county clerk with regard to voting by mail, the
county clerk shall provide the authority responsible for voting by
mail in the political subdivision that is holding the election a
list of voters in the portion of the political subdivision located
in the county who have ballot applications on file under this
section along with copies of the applications submitted by those
voters. The authority shall provide a mail ballot to each voter on
the list for whom the authority received a copy of an application
submitted under this section.
(f) The secretary of state shall provide a method by which
counties and political subdivisions located in the county can
exchange and update information on applications received under this
section.
(g) An application described by Subsection (a) shall be
preserved for the period for preserving the precinct election
records for the last election for which the application is
effective.
(h) The voter registrar shall notify the county clerk when a
voter's voter registration has been canceled or a voter's address or
name has changed. The county clerk must update any list of voters
who have ballot applications on file under this section based on the
information received from the voter registrar. A voter's ballot
application on file under this section may not be canceled if a
correction in registration information for the voter is a change of
address within the county in which the voter is registered or a
change of the voter's name.
Sec. 73.002. ADDITIONAL BALLOTING MATERIALS. (a) The
county clerk shall provide an official ballot envelope and carrier
envelope with each ballot provided to a voter. If the voter's name
appears on the list of registered voters with the notation "S" or a
similar notation, or the residence address on the voter's
application to vote by mail is not the same as the voter's residence
address on the list of registered voters, the clerk shall provide a
form for a statement of residence to the voter.
(b) Before providing the balloting materials to the voter,
the clerk shall enter on the carrier envelope the identity and date
of the election.
(c) The clerk shall enter on a carrier envelope the voter's
name in printed form, a notation that a statement of residence is
enclosed, if applicable, and any other information the clerk
determines necessary for proper processing of the ballot.
(d) The secretary of state shall prescribe instructions to
be printed on the balloting materials for the execution and return
of a statement of residence. The instructions must include an
explanation of the circumstances under which the ballot must be
rejected with respect to the statement.
(e) If the clerk determines that the carrier envelope and
other balloting materials will weigh more than one ounce when
returned by mail to the clerk, the clerk shall include with the
balloting materials a notice of the amount of first class postage
that will be required for the return by mail of the carrier envelope
and enclosed materials.
(f) The clerk shall include with the balloting materials:
(1) a notice of the clerk's physical address for
purposes of return by common or contract carrier or personal
delivery in accordance with Section 73.006(b); and
(2) the list of declared write-in candidates for the
election, if applicable.
(g) The carrier envelope must include a space that is hidden
from view when the envelope is sealed for the voter to enter the
following information:
(1) the number of the voter's driver's license,
election identification certificate, or personal identification
card issued by the Department of Public Safety;
(2) if the voter has not been issued a number described
by Subdivision (1), the last four digits of the voter's social
security number; or
(3) a statement by the applicant that the applicant
has not been issued a number described by Subdivision (1) or (2).
(h) A person may use the number of a driver's license,
election identification certificate, or personal identification
card that has expired for purposes of Subsection (g) if the license
or identification is otherwise valid.
(i) No record associating an individual voter with a ballot
may be created.
Sec. 73.003. METHOD OF PROVIDING BALLOT TO VOTER: REQUIRED
ADDRESS. (a) The balloting materials for voting by mail shall be
provided to the voter by mail. A ballot provided by any other
method may not be counted.
(b) Subject to Subsection (c), the balloting materials
shall be addressed to the applicable address specified in the
voter's application. The election officer providing the ballot may
not knowingly mail the materials to an address other than that
prescribed by this section.
(c) The address to which the balloting materials must be
addressed is the address at which the voter is registered to vote,
or the registered mailing address if different, unless the ground
for voting by mail is:
(1) absence from the county of residence, in which
case the address may be an address outside the voter's county of
residence;
(2) disability and the voter is living at a hospital or
long-term care facility or with a relative described by Section
72.002(a)(6)(A), in which case the address must be the address of
that facility or relative;
(3) confinement in jail, in which case the address
must be the address of the jail or of a relative described by
Section 72.002(a)(7); or
(4) involuntary civil commitment, in which case the
address must be the address of the facility or of a relative
described by Section 72.002(a)(8).
(d) If the applicable address specified in a voter's
application is an address other than that prescribed by Subsection
(c) or subject to Section 73.002(a), the voter's application shall
be rejected in accordance with Section 73.001(c).
Sec. 73.004. TIME FOR PROVIDING BALLOT TO VOTER. (a)
Except as provided by Subsection (b), the balloting materials for
voting by mail shall be mailed to a voter entitled to vote by mail
not later than the seventh calendar day after the later of the date
the clerk accepts the voter's application to vote by mail or the
date the ballots become available for mailing, except that if that
mailing date is earlier than the 37th day before election day, the
balloting materials shall be mailed not later than the 30th day
before election day.
(b) For an election to which Section 74.104 applies, the
balloting materials for a voter who indicates on the application to
vote by mail or the federal postcard application that the voter is
eligible to vote by mail as a consequence of the voter's being
outside the United States shall be mailed on or before the later of
the 45th day before election day or the seventh calendar day after
the date the clerk receives the application. However, if it is not
possible to mail the ballots by the deadline of the 45th day before
election day, the clerk shall notify the secretary of state within
24 hours of knowing that the deadline will not be met. The
secretary of state shall monitor the situation and advise the
clerk, who shall mail the ballots as soon as possible in accordance
with the secretary of state's guidelines.
Sec. 73.005. MARKING AND SEALING BALLOT. (a) A voter must
mark a mail ballot in accordance with the instructions on the ballot
envelope.
(b) A voter may mark the ballot at any time after receiving
it.
(c) After marking the ballot, the voter must place it in the
official ballot envelope and then seal the ballot envelope, place
the ballot envelope in the official carrier envelope and then seal
the carrier envelope, and sign the certificate on the carrier
envelope using ink on paper. An electronic signature or
photocopied signature is not permitted.
(d) Failure to use the official ballot envelope does not
affect the validity of the ballot.
(e) After the carrier envelope is sealed by the voter, it
may not be opened except as provided by Chapter 92.
Sec. 73.0051. UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON
OTHER THAN VOTER. (a) A person commits an offense if the person
acts as a witness for a voter in signing the certificate on the
carrier envelope and knowingly fails to comply with Section 1.011.
(b) A person other than the voter who assists a voter by
depositing the carrier envelope in the mail or with a common or
contract carrier or who obtains the carrier envelope for that
purpose must provide the person's signature, printed name, and
residence address on the reverse side of the envelope. The person
must sign the envelope using ink on paper. An electronic signature
or photocopied signature is not permitted.
(c) A person commits an offense if the person knowingly
violates Subsection (b). It is not a defense to an offense under
this subsection that the voter voluntarily gave another person
possession of the voter's carrier envelope.
(d) An offense under this section is a Class A misdemeanor,
unless it is shown on the trial of an offense under this section
that the person committed an offense under Section 64.036 for
providing unlawful assistance to the same voter in connection with
the same ballot, in which event the offense is a state jail felony.
(e) This section does not apply if the person is related to
the voter within the second degree by affinity or the third degree
by consanguinity, as determined under Subchapter B, Chapter 573,
Government Code, or was physically living in the same dwelling as
the voter at the time of the event.
(f) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
Sec. 73.0052. COMPENSATION FOR CARRIER ENVELOPE ACTION
PROHIBITED. (a) A person commits an offense if the person:
(1) compensates another person for depositing the
carrier envelope in the mail or with a common or contract carrier as
provided by Section 73.0051(b), as part of any performance-based
compensation scheme based on the number of ballots deposited, or in
which another person is presented with a quota of ballots to deposit
as provided by Section 73.0051(b);
(2) engages in another practice that causes another
person's compensation from or employment status with the person to
be dependent on the number of ballots deposited as provided by
Section 73.0051(b); or
(3) with knowledge that accepting compensation for
such activity is illegal, accepts compensation for an activity
described by Subdivision (1) or (2).
(b) Except as provided by Subsection (c), an offense under
this section is a misdemeanor punishable by:
(1) confinement in jail for a term of not more than 1
year or less than 30 days; or
(2) confinement described by Subdivision (1) and a
fine not to exceed $4,000.
(c) An offense under this section is a state jail felony if
it is shown on the trial of the offense that the defendant was
previously convicted two or more times under this section.
(d) An officer, director, or other agent of an entity that
commits an offense under this section is punishable for the
offense.
(e) For purposes of this section, compensation means any
form of monetary payment, goods, services, benefits, or promises or
offers of employment, or any other form of consideration offered to
another person in exchange for depositing ballots.
Sec. 73.006. METHOD OF RETURNING MARKED BALLOT. (a) A
marked ballot voted under this chapter must be returned to the
county clerk in the official carrier envelope. The carrier
envelope may be delivered in another envelope and must be
transported and delivered only by:
(1) mail;
(2) common or contract carrier; or
(3) subject to Subsections (b) and (c), in-person
delivery by the voter who voted the ballot.
(b) The voter may deliver a marked ballot in person to the
county clerk's office only while the polls are open on election day.
A voter who delivers a marked ballot in person must present an
acceptable form of identification described by Section 63.0101.
(c) An in-person delivery of a marked ballot voted under
this chapter must be received by an election official at the time of
delivery. The receiving official shall record the voter's name,
signature, and type of identification provided under Section
63.0101 on a roster prescribed by the secretary of state. The
receiving official shall attest on the roster that the delivery
complies with this section.
(d) Except as provided by Subsection (e), a carrier envelope
may not be returned in an envelope or package containing another
carrier envelope.
(e) The carrier envelopes of persons who are registered to
vote at the same address may be returned in the same envelope or
package.
(f) Each carrier envelope that is delivered by a common or
contract carrier must be accompanied by an individual delivery
receipt for that particular carrier envelope that indicates the
name and residence address of the individual who actually delivered
the envelope to the carrier and the date, hour, and address at which
the carrier envelope was received by the carrier. A delivery of
carrier envelopes is prohibited by a common or contract carrier if
the delivery originates from the address of:
(1) an office of a political party or a candidate in
the election;
(2) a candidate in the election unless the address is
the residence of the voter voting by mail;
(3) a specific-purpose or general-purpose political
committee involved in the election; or
(4) an entity that requested that the election be
held, unless the delivery is a forwarding to the county clerk.
(g) Carrier envelopes may not be collected and stored at
another location for subsequent delivery to the county clerk. The
secretary of state shall prescribe appropriate procedures to
implement this subsection and to provide accountability for the
delivery of the carrier envelopes from the voting place to the
county clerk.
(h) A person commits an offense if the person knowingly
possesses an official ballot or official carrier envelope provided
under this code to another. Unless the person possessed the ballot
or carrier envelope with intent to defraud the voter or the election
authority, this subsection does not apply to a person who, on the
date of the offense, was:
(1) related to the voter within the second degree by
affinity or the third degree by consanguinity, as determined under
Subchapter B, Chapter 573, Government Code;
(2) physically living in the same dwelling as the
voter;
(3) a county clerk or a deputy county clerk;
(4) a person who possesses a ballot or carrier
envelope solely for the purpose of lawfully assisting a voter who
was eligible for assistance under Section 73.010 and complied fully
with:
(A) Section 73.010; and
(B) Section 73.0051, if assistance was provided
in order to deposit the envelope in the mail or with a common or
contract carrier;
(5) an employee of the United States Postal Service
working in the normal course of the employee's authorized duties;
or
(6) a common or contract carrier working in the normal
course of the carrier's authorized duties if the official ballot is
sealed in an official carrier envelope that is accompanied by an
individual delivery receipt for that particular carrier envelope.
(i) An offense under Subsection (h) is a Class A misdemeanor
unless the defendant possessed the ballot or carrier envelope
without the request of the voter, in which case it is a felony of the
third degree. If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
(j) An offense under Subsection (i) is increased to the next
higher category of offense if it is shown on the trial of an offense
under this section that:
(1) the defendant was previously convicted of an
offense under this code;
(2) the offense involved an individual 65 years of age
or older; or
(3) the defendant committed another offense under this
section in the same election.
(k) A ballot returned in violation of this section may not
be counted. If the county clerk determines that the ballot was
returned in violation of this section, the clerk shall make a
notation on the carrier envelope and treat it as a ballot not timely
returned in accordance with Section 73.011(c). If the ballot is
returned before the end of the voting period, the county clerk shall
promptly mail or otherwise deliver to the voter a written notice
informing the voter that:
(1) the voter's ballot will not be counted because of a
violation of this code; and
(2) the voter may vote if otherwise eligible during
the voting period or on election day at the voter's precinct polling
place on presentation of the notice.
(l) In the prosecution of an offense under Subsection (h):
(1) the prosecuting attorney is not required to negate
the applicability of the provisions of Subsections (h)(1)-(6) in
the accusation charging commission of an offense;
(2) the issue of the applicability of a provision of
Subsection (h)(1), (2), (3), (4), (5), or (6) is not submitted to
the jury unless evidence of that provision is admitted; and
(3) if the issue of the applicability of a provision of
Subsection (h)(1), (2), (3), (4), (5), or (6) is submitted to the
jury, the court shall charge that a reasonable doubt on the issue
requires that the defendant be acquitted.
Sec. 73.007. DEADLINE FOR RETURNING MARKED BALLOT. (a)
Except as provided by Subsection (d), a marked mail ballot must
arrive at the address on the carrier envelope:
(1) before the time the polls are required to close on
election day; or
(2) not later than 5 p.m. on the day after election
day, if the carrier envelope was placed for delivery by mail or
common or contract carrier before election day and bears a
cancellation mark of a common or contract carrier or a courier
indicating a time not later than 7 p.m. at the location of the
election on election day.
(b) If the county clerk cannot determine whether a ballot
arrived before the deadline, the ballot is considered to have
arrived at the time the place at which the carrier envelopes are
deposited was last inspected for removal of returned ballots. The
clerk shall check for returned ballots, at least once before the
deadline, after the normal delivery time on the last day at the
place at which the carrier envelopes are deposited.
(c) A marked ballot that is not timely returned may not be
counted.
(d) A marked mail ballot that arrives after the time
prescribed by Subsection (a) shall be counted if:
(1) the ballot was cast from an address outside the
United States;
(2) the carrier envelope was placed for delivery
before the time the ballot is required to arrive under Subsection
(a)(1); and
(3) the ballot arrives at the address on the carrier
envelope not later than the fifth day after the date of the
election.
(e) If the deadline for the arrival of a mail ballot falls on
a Saturday, Sunday, or legal state or national holiday, then the
deadline is extended to the next regular business day.
(f) A delivery under Subsection (a)(2) or (d) is timely,
except as otherwise provided by this title, if the carrier envelope
or, if applicable, the envelope containing the carrier envelope:
(1) is properly addressed with postage or handling
charges prepaid; and
(2) bears a cancellation mark of a recognized postal
service or a receipt mark of a common or contract carrier or a
courier indicating a time before the deadline.
(g) The envelope must bear the cancellation mark or receipt
mark as required by Subsection (f)(2) to be timely under this
section.
(h) The secretary of state shall prescribe procedures as
necessary to implement Subsection (d).
Sec. 73.008. OPPORTUNITY TO CORRECT DEFECT: APPLICATION.
(a) This section applies to an application to vote by mail for
which the applicant failed to comply with a requirement provided by
Section 72.002, 72.0021, or 72.003(a) in a manner that would lead,
if not corrected, to the rejection of the applicant's application.
(b) Not later than the second day after the county clerk
discovers a defect described by Subsection (a), the county clerk
shall:
(1) determine if it would be possible for the
applicant to correct the defect and return an application form by
mail before the deadline provided by Section 72.006(d) or
73.0012(c), as applicable; and
(2) notwithstanding any other law, if the clerk
determines it would be possible to correct the defect and return an
application form before the deadline provided by Section 72.006(d)
or 73.0012(c), either return the application to the applicant or
deliver an official application form to the applicant.
(c) The clerk shall include with the returned application or
an application form delivered to the applicant under Subsection
(b)(2) a written notice containing:
(1) a brief explanation of each defect in the
noncomplying application;
(2) a statement informing the voter that the voter is
not entitled to vote a mail ballot unless the application complies
with all legal requirements; and
(3) instructions for submitting the corrected or
second application.
(d) If the county clerk determines that it would not be
possible for the applicant to correct the defect and return an
application form by mail before the deadline provided by Section
72.006(d) or 73.0012(c), as applicable, the clerk may notify the
applicant by telephone or e-mail of the defect, including the
information required under Subsection (c), and inform the applicant
that the applicant may come to the county clerk's office before the
deadline provided by Section 72.006(d) or 73.0012(c), as
applicable, and correct the defect in person.
(e) The clerk shall:
(1) in addition to returning an application or
providing an application form under Subsection (b)(2) or notifying
an applicant under Subsection (d), notify the applicant of a defect
discovered under this section and provide the information required
to be included under Subsection (c) using the online tool described
by Section 73.015; and
(2) if possible, permit the applicant to correct a
defect using the online tool described by Section 73.015.
(f) Notwithstanding any other provisions of this code, the
clerk may deliver in person to the voter a second application if the
defective original application is timely and may receive, before
the deadline, the corrected application in person from the voter.
If a procedure authorized by this subsection is used, it must be
applied uniformly to all applications covered by this subsection.
The clerk shall enter a notation on the application indicating any
information added by the clerk under this subsection. A poll
watcher is entitled to accompany the clerk and observe the
procedures under this subsection. The secretary of state may
prescribe any other procedures necessary to implement this
subsection including requirements for posting notice of any
deliveries.
Sec. 73.009. PROVIDING CORRECTED BALLOT TO VOTER. (a) If,
after a mail ballot is provided to a voter, the official ballot is
changed in a way that affects the choices available to the voter in
the election or the validity of the ballot provided to the voter if
cast, the county clerk shall mail a corrected ballot and
corresponding balloting materials to the voter unless in the
clerk's opinion there is not sufficient time for the voter to timely
return the corrected ballot to the clerk.
(b) The clerk shall include with the balloting materials
provided to the voter a written notice containing:
(1) a brief explanation of the reason for providing
another ballot; and
(2) an instruction to destroy the defective ballot if
it has not already been returned to the clerk.
(c) Before mailing the corrected ballot to the voter, the
clerk shall place a notation on the carrier envelope indicating
that the ballot is a corrected ballot being provided under this
section. The clerk shall also indicate on the voter's application
that the voter was provided a corrected ballot.
(d) The clerk shall prepare a list containing the name of
each voter who is provided a corrected ballot under this section.
The clerk shall deliver the list to the general custodian of
election records to be preserved for the period for preserving the
precinct election records.
(e) Except as provided by Subsection (f), a voter's
defective ballot that is timely returned to the clerk as a marked
ballot shall be treated as:
(1) a marked ballot not timely returned if the
corrected ballot is timely returned as a marked ballot by the close
of the polls on election day; or
(2) as the voter's ballot for the election if the
corrected ballot is not timely returned by the close of the polls on
election day.
(f) A mail ballot under Subchapter A, Chapter 74, corrected
under this section may be counted if it is timely returned as
required by Section 74.057.
Sec. 73.010. UNLAWFULLY ASSISTING VOTER VOTING BY MAIL.
(a) A voter casting a mail ballot who would be eligible under
Section 64.031 to receive assistance at a polling place may select a
person as provided by Section 64.032(c) to assist the voter in
preparing the ballot.
(b) Assistance rendered under this section is limited to
that authorized by this code at a polling place, except that a voter
with a disability who is physically unable to deposit the ballot and
carrier envelope in the mail may also select a person as provided by
Section 64.032(c) to assist the voter by depositing a sealed
carrier envelope in the mail.
(c) The person assisting the voter must sign a written oath
prescribed by Section 64.034 that is part of the certificate on the
official carrier envelope.
(d) If a voter is assisted in violation of this section, the
voter's ballot may not be counted.
(e) A person who assists a voter to prepare a mail ballot
shall enter on the official carrier envelope of the voter:
(1) the person's signature, printed name, and
residence address;
(2) the relationship of the person providing the
assistance to the voter; and
(3) whether the person received or accepted any form
of compensation or other benefit from a candidate, campaign, or
political committee in exchange for providing assistance.
(f) A person who assists a voter commits an offense if the
person knowingly fails to comply with Subsections (c) and (e).
(g) An offense under this section is a state jail felony.
(h) Subsection (f) does not apply:
(1) to a violation of Subsection (c), if the person is
related to the voter within the second degree by affinity or the
third degree by consanguinity, as determined under Subchapter B,
Chapter 573, Government Code, or was physically living in the same
dwelling as the voter at the time of the event; or
(2) to a violation of Subsection (e), if the person is
related to the voter within the second degree by affinity or the
third degree by consanguinity, as determined under Subchapter B,
Chapter 573, Government Code.
(i) An offense under this section for a violation of
Subsection (c) is increased to the next higher category of offense
if it is shown on the trial of the offense that:
(1) the defendant was previously convicted of an
offense under this code;
(2) the offense involved a voter 65 years of age or
older; or
(3) the defendant committed another offense under this
section in the same election.
(j) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
Sec. 73.0101. COMPENSATION FOR ASSISTING VOTERS
PROHIBITED. (a) A person commits an offense if the person:
(1) compensates or offers to compensate another person
for assisting voters as provided by Section 73.010; or
(2) solicits, receives, or accepts compensation for an
activity described by Subdivision (1).
(b) An offense under this section is a state jail felony.
(c) An officer, director, or other agent of an entity that
commits an offense under this section is punishable for the
offense.
(d) For purposes of this section, compensation means an
economic benefit as defined by Section 38.01, Penal Code.
(e) This section does not apply if the person assisting a
voter is an attendant or caregiver previously known to the voter.
Sec. 73.011. ACTION BY COUNTY CLERK ON RETURN OF BALLOT.
(a) The county clerk shall determine whether the return of a
voter's official carrier envelope for a mail ballot is timely.
(b) If the return is timely, the clerk shall enclose the
carrier envelope and the voter's application to vote by mail in a
jacket envelope. The clerk shall also include in the jacket
envelope:
(1) a copy of the voter's federal postcard application
if the ballot is voted under Subchapter A, Chapter 74; and
(2) the signature cover sheet, if the ballot is voted
under Subchapter C, Chapter 74.
(c) If the return is not timely, the clerk shall enter the
time of receipt on the carrier envelope, place it in a locked
container, and deliver the container to the general custodian of
election records to be preserved for the period for preserving the
precinct election records. The general custodian of election
records shall destroy the unopened envelope and its contents after
the preservation period.
(d) Notwithstanding any other provisions of this code, if
the clerk receives a timely carrier envelope that does not fully
comply with the applicable requirements prescribed by this title,
the clerk may deliver the carrier envelope in person or by mail to
the voter and may receive, before the deadline, the corrected
carrier envelope from the voter, or the clerk may notify the voter
of the defect by telephone and advise the voter that the voter may
come to the clerk's office in person to correct the defect or cancel
the voter's application to vote by mail and vote on election day.
If the procedures authorized by this subsection are used, they must
be applied uniformly to all carrier envelopes covered by this
subsection. A poll watcher is entitled to observe the procedures
under this subsection. The secretary of state may prescribe any
other procedures necessary to implement this subsection including
requirements for posting notice of any deliveries.
Sec. 73.012. OFFICIAL BALLOT ENVELOPE. (a) "Ballot
Envelope" must be printed on the face of each officially prescribed
ballot envelope for a mail ballot.
(b) The following textual material, as prescribed by the
secretary of state, must be printed on the face of each official
ballot envelope and may be continued on the reverse side if
necessary:
(1) instructions for marking the ballot and returning
the marked ballot to the county clerk;
(2) the deadline for returning the marked ballot to
the clerk;
(3) limitations on assistance to the voter; and
(4) criminal penalties for unlawful assistance in
preparing the ballot.
Sec. 73.013. OFFICIAL CARRIER ENVELOPE. (a) "Carrier
Envelope for Mail Ballot," the name and official title of the county
clerk as addressee, and the clerk's official mailing address must
be printed on the face of each official carrier envelope for a mail
ballot.
(b) Spaces must appear on the reverse side of the official
carrier envelope for:
(1) indicating the identity and date of the election;
(2) entering the signature, printed name, and
residence address of a person other than the voter who deposits the
carrier envelope in the mail or with a common or contract carrier;
and
(3) indicating the relationship of that person to the
voter.
(c) A certificate in substantially the following form must
be printed on the reverse side of the official carrier envelope in a
manner that requires the voter to sign across the flap of the
envelope:
"I certify that the enclosed ballot expresses my wishes
independent of any dictation or undue persuasion by any person.
________________________________
Signature of voter
By: ____________________________
Signature of person assisting
voter, if applicable (see Ballot
Envelope for restrictions and
penalties)
_______________________________
Printed name of person assisting
voter, if applicable
_______________________________
Residence address of person
assisting voter, if applicable"
(d) The following textual material, as prescribed by the
secretary of state, must be printed on the reverse side of the
official carrier envelope or on a separate sheet accompanying the
carrier envelope when it is provided:
(1) the prohibition prescribed by Section 73.006(d);
(2) the conditions for delivery by common or contract
carrier prescribed by Sections 73.0011 and 73.006;
(3) the requirements for the legal execution and
delivery of the carrier envelope, including the prohibition on
compensation for depositing carrier envelopes containing ballots
voted by other persons under Section 73.0052;
(4) the prohibition prescribed by Section 73.006(g);
and
(5) the offenses prescribed by Sections 73.006(h) and
73.010(f).
(e) The following notice must be printed on the reverse side
of the official carrier envelope, near the space provided for the
voter's signature: "This envelope must be sealed by the voter
before it leaves the voter's hands. Do not sign this envelope
unless the ballot has been marked by you or at your direction."
(f) The oath of a person assisting a voter must be included
on the official carrier envelope as part of the certificate
prescribed by Subsection (c).
(g) The secretary of state by rule shall require that a
notice informing voters of the telephone number established under
Section 31.0055 and the purpose of the telephone number be printed
on:
(1) the official carrier envelope; or
(2) an insert enclosed with the balloting materials
for voting by mail sent to the voter.
Sec. 73.014. PUBLIC INSPECTION OF MAIL VOTING RECORDS. (a)
A copy of an application to vote by mail is not available for public
inspection, except to the voter seeking to verify that the
information pertaining to the voter is accurate, until the first
business day after the election day of the earliest occurring
election for which the application is submitted.
(b) Originals of the applications and carrier envelopes are
not available for public inspection until those materials are
delivered to the general custodian of election records after the
election.
Sec. 73.015. ELECTRONIC TRACKING OF MAIL BALLOT OR
APPLICATION TO VOTE BY MAIL. (a) The secretary of state shall
develop or otherwise provide an online tool to each county clerk on
the secretary's Internet website and on the county's Internet
website if the county clerk is the clerk of a county that maintains
an Internet website that enables a person who submits an
application to vote by mail to:
(1) track the location and status of the person's
application and ballot; and
(2) receive notice of and, if possible, correct a
defect in the person's application and ballot under Sections
73.008(e) and 92.0412(h).
(b) The online tool developed or provided under Subsection
(a) must require the voter to provide, before permitting the voter
to access information described by that subsection:
(1) the voter's name and date of birth and the last
four digits of the voter's social security number; and
(2) the voter's:
(A) driver's license number; or
(B) personal identification card number issued
by the Department of Public Safety.
(c) An online tool used under this section must:
(1) for each election, record:
(A) each application to vote by mail received by
the clerk; and
(B) each carrier envelope sent to a voter by the
clerk;
(2) for each carrier envelope, record or assign a
serially numbered and sequentially issued bar code or tracking
number that is unique to each envelope;
(3) update the applicable Internet website as soon as
practicable after each of the following events occurs:
(A) receipt by the county clerk of the person's
application to vote by mail;
(B) acceptance or rejection by the county clerk
of the person's application to vote by mail;
(C) placement in the mail by the county clerk of
the person's official ballot;
(D) receipt by the county clerk of the person's
marked ballot; and
(E) acceptance or rejection by the mail ballot
board of a person's marked ballot; and
(4) allow a voter to add or correct information
required under Section 72.002(a)(2) or Section 73.002(g).
(d) The secretary of state shall adopt rules and prescribe
procedures as necessary to implement this section.
(e) The information contained in Subsection (c) is not
public information for purposes of Chapter 552, Government Code,
until after election day.
CHAPTER 74. OTHER FORMS OF VOTING BY MAIL
SUBCHAPTER A. VOTING BY RESIDENT FEDERAL POSTCARD APPLICANT
PART 1. GENERAL PROVISIONS
Sec. 74.001. ELIGIBILITY. A person is eligible to vote by
mail as provided by this subchapter if:
(1) the person is qualified to vote in this state or,
if not registered to vote in this state, would be qualified if
registered; and
(2) the person is:
(A) a member of the armed forces of the United
States, or the spouse or a dependent of a member;
(B) a member of the merchant marine of the United
States, or the spouse or a dependent of a member;
(C) a member of the Texas National Guard or the
National Guard of another state or a member of a reserve component
of the armed forces of the United States serving on active duty
under an order of the president of the United States or activated on
state orders, or the spouse or dependent of a member; or
(D) domiciled in this state but temporarily
living outside the territorial limits of the United States and the
District of Columbia.
Sec. 74.002. GENERAL CONDUCT OF VOTING. Voting under this
subchapter shall be conducted and the results shall be processed as
provided by this subtitle and Chapter 92 for voting by mail, except
as otherwise provided by this subchapter.
Sec. 74.003. DEFINITIONS. In this subchapter:
(1) "Federal postcard application" means an
application to vote by mail under this subchapter submitted on the
official federal form prescribed under the federal Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301
through 20311).
(2) "FPCA registrant" means a person registered to
vote under Section 74.055.
Sec. 74.004. NOTING FPCA REGISTRATION ON POLL LIST. For
each FPCA registrant accepted to vote, a notation shall be made
beside the voter's name on the poll list indicating that the voter
is an FPCA registrant.
Sec. 74.005. NOTING FPCA REGISTRATION AND E-MAIL ON MAIL
VOTING ROSTER. The entry on the mail voting roster pertaining to a
voter under this subchapter who is an FPCA registrant must include a
notation indicating that the voter is an FPCA registrant. The
county clerk shall note on the mail voting roster each e-mail of a
ballot under Part 3.
Sec. 74.006. EXCLUDING FPCA REGISTRANT FROM PRECINCT MAIL
VOTING LIST. A person to whom a ballot is provided under this
subchapter is not required to be included on the precinct mail
voting list if the person is an FPCA registrant.
Sec. 74.007. DESIGNATION OF SECRETARY OF STATE. (a) The
secretary of state is designated as the state office to provide
information regarding voter registration procedures and absentee
ballot procedures, including procedures related to the federal
write-in absentee ballot, to be used by persons eligible to vote
under the federal Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. Sections 20301 through 20311).
(b) The secretary of state is designated as the state
coordinator between military and overseas voters and county
election officials. A county election official shall:
(1) cooperate with the secretary of state to ensure
that military and overseas voters timely receive accurate balloting
materials that a voter is able to cast in time for the election; and
(2) otherwise comply with the federal Military and
Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title
V, Subt. H).
(c) The secretary of state may adopt rules as necessary to
implement this section.
(d) The secretary of state shall make a checklist or similar
guidelines available for optional use by county clerks in
processing an application and providing balloting materials under
this subchapter.
Sec. 74.008. STATUS OF APPLICATION OR BALLOT VOTED. The
secretary of state, in coordination with county election officials,
shall implement an electronic free-access system by which a person
eligible to vote by mail under this subchapter or Subchapter D,
Chapter 88, may determine by telephone, by e-mail, or over the
Internet whether:
(1) the person's federal postcard application or other
registration or ballot application has been received and accepted;
and
(2) the person's ballot has been received and the
current status of the ballot.
PART 2. SUBMISSION OF FEDERAL POSTCARD APPLICATION
Sec. 74.051. FORM AND CONTENTS OF APPLICATION. An
application to vote under this part must:
(1) be submitted on an official federal postcard
application form; and
(2) include the information necessary to indicate that
the applicant is eligible to vote in the election for which the
ballot is requested.
Sec. 74.052. SUBMITTING APPLICATION. (a) A federal
postcard application must be submitted to the county clerk for the
election who serves the election precinct of the applicant's
residence.
(b) A federal postcard application must be submitted by:
(1) mail;
(2) electronic transmission of an image of the
application under procedures prescribed by the secretary of state;
(3) in-person delivery in accordance with Section
72.007; or
(4) common or contract carrier.
(c) A federal postcard application may be submitted at any
time during the calendar year in which the election for which a
ballot is requested occurs, but not later than the deadline for
submitting a regular application to vote by mail for a voter to be
entitled to receive a mail ballot for that election.
(d) An application is considered submitted in the following
calendar year for purposes of this section if:
(1) the applicant is eligible to vote in an election
occurring in January or February of the next calendar year; and
(2) the application is submitted in the last 60 days of
a calendar year but not earlier than the 60th day before the date of
the January or February election.
(e) A timely application that is addressed to the wrong
county clerk shall be forwarded to the proper county clerk not later
than the day after the date it is received by the wrong clerk.
(f) An applicant who otherwise complies with applicable
requirements is entitled to receive a full mail ballot under this
subchapter if:
(1) the applicant submits a federal postcard
application to the county clerk on or before the 20th day before
election day; and
(2) the application contains the information that is
required for registration under Title 2.
(g) The applicant is entitled to receive only a federal
ballot by mail under Subchapter D, Chapter 88, if:
(1) the applicant submits the federal postcard
application to the county clerk after the date provided by
Subsection (f)(1) and before the deadline for submitting a regular
application to vote by mail; and
(2) the application contains the information that is
required for registration under Title 2.
(h) If the applicant submits the federal postcard
application within the time prescribed by Subsection (g)(1) and is
a registered voter at the address contained on the application, the
applicant is entitled to receive a full mail ballot under this
subchapter.
(i) Except as provided by Subsections (l) and (m), for
purposes of determining the date a federal postcard application is
submitted to the county clerk, an application is considered to be
submitted on the date it is placed and properly addressed in the
United States mail. An application mailed from an Army/Air Force
Post Office (APO) or Fleet Post Office (FPO) is considered placed in
the United States mail. The date indicated by the post office
cancellation mark, including a United States military post office
cancellation mark, is considered to be the date the application was
placed in the mail unless proven otherwise. For purposes of an
application made under Subsection (f):
(1) an application that does not contain a
cancellation mark is considered to be timely if it is received by
the county clerk on or before the 15th day before election day; and
(2) if the 20th day before the date of an election is a
Saturday, Sunday, or legal state or national holiday, an
application is considered to be timely if it is submitted to the
county clerk on or before the next regular business day.
(j) If the county clerk determines that an application that
is submitted before the time prescribed by Subsection (f)(1) does
not contain the information that is required for registration under
Title 2, the clerk shall notify the applicant of that fact. If the
applicant has provided a telephone number or an address for
receiving mail over the Internet, the clerk shall notify the
applicant by that medium.
(k) If the applicant submits the missing information before
the time prescribed by Subsection (f)(1), the applicant is entitled
to receive a full mail ballot under this subchapter. If the
applicant submits the missing information after the time prescribed
by Subsection (f)(1), the applicant is entitled to receive a full
mail ballot for the next election that occurs:
(1) in the same calendar year; and
(2) after the 30th day after the date the information
is submitted.
(l) For purposes of determining the end of the period that
an application may be submitted under Subsection (g)(1), an
application is considered to be submitted at the time it is received
by the county clerk.
(m) The secretary of state by rule shall establish the date
on which a federal postcard application is considered to be
electronically submitted to the county clerk.
Sec. 74.053. ACTION BY COUNTY CLERK ON CERTAIN
APPLICATIONS. (a) The county clerk shall notify the voter
registrar of a federal postcard application submitted by an
applicant that states a voting residence address located outside
the registrar's county.
(b) If an applicant provides a date of birth, driver's
license number, or social security number on the applicant's
federal postcard application that is different from or in addition
to the information maintained by the voter registrar in accordance
with Title 2, the county clerk shall notify the voter registrar.
The voter registrar shall update the voter's record with the
information provided by the applicant.
Sec. 74.054. APPLYING FOR MORE THAN ONE ELECTION IN SAME
APPLICATION. (a) A person may apply with a single federal postcard
application to vote in any one or more elections in which the person
is eligible to vote as provided by this section.
(b) An application that does not identify the election for
which a ballot is requested shall be treated as if it requests a
ballot for:
(1) except as provided by Subdivision (3), each
general election in which the clerk conducts voting by mail;
(2) the general primary election if the application
indicates party preference and is submitted to the county clerk for
the primary; and
(3) each general or special election held by a county,
a municipality, or an independent school district in the calendar
year in which the application is received and in which the person is
eligible to vote.
(c) If an application under Subsection (b) indicates the
person is eligible to vote in an election described by Subsection
(b)(3) in which the county clerk who received the application does
not conduct voting by mail, the clerk shall forward a copy of the
application in a form prescribed by the secretary of state to each
county clerk who conducts voting by mail for that election.
(d) An application shall be treated as if it requests a
ballot for a runoff election that results from an election for which
a ballot is requested, including a runoff election that occurs in
the next calendar year.
(e) An application requesting a ballot for more than one
election shall be preserved for the period for preserving the
precinct election records for the last election for which the
application is effective.
Sec. 74.055. FPCA VOTER REGISTRATION. (a) The submission
of a federal postcard application that complies with the applicable
requirements by an unregistered applicant constitutes registration
by the applicant:
(1) for the purpose of voting in the election for which
a ballot is requested; and
(2) under Title 2, unless the person indicates on the
application that the person is residing outside the United States
indefinitely.
(b) For purposes of registering to vote under this
subchapter, a person shall provide the address of the last place of
residence of the person in this state or the last place of residence
in this state of the person's parent or legal guardian.
(c) The registrar shall register the person at the address
provided under Subsection (b) unless that address no longer is
recognized as a residential address, in which event the registrar
shall assign the person to an address under procedures prescribed
by the secretary of state.
Sec. 74.056. METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS.
(a) The balloting materials provided under this part shall be
airmailed to the voter free of United States postage, as provided by
the federal Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. Sections 20301 through 20311), in an envelope labeled
"Official Election Balloting Material - via Airmail." The
secretary of state shall provide county clerks with instructions on
compliance with this subsection.
(b) The address to which the balloting materials are sent to
a voter must be:
(1) an address outside the county of the voter's
residence; or
(2) an address in the United States for forwarding or
delivery to the voter at a location outside the United States.
(c) If the address to which the balloting materials are to
be sent is within the county served by the county clerk, the federal
postcard application must indicate that the balloting materials
will be forwarded or delivered to the voter at a location outside
the United States.
Sec. 74.057. RETURN OF VOTED BALLOT. (a) A ballot voted
under this part may be returned to the county clerk by mail, common
or contract carrier, or courier.
(b) A ballot voted by a voter described by Section
74.001(2)(A), (B), or (C) shall be counted if the ballot arrives at
the address on the carrier envelope not later than the sixth day
after the date of the election, except that if that date falls on a
Saturday, Sunday, or legal state or national holiday, then the
deadline is extended to the next regular business day.
Sec. 74.058. OFFICIAL CARRIER ENVELOPE. The officially
prescribed carrier envelope for voting under this part shall be
prepared so that it can be mailed free of United States postage, as
provided by the federal Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. Sections 20301 through 20311), and must
contain the label prescribed by Section 74.056(a) for the envelope
in which the balloting materials are sent to a voter. The secretary
of state shall provide county clerks with instructions on
compliance with this section.
PART 3. E-MAIL TRANSMISSION OF BALLOTING MATERIALS
Sec. 74.101. PURPOSE. The purpose of this part is to
implement the federal Military and Overseas Voter Empowerment Act
(Pub. L. No. 111-84, Div. A, Title V, Subt. H).
Sec. 74.102. REQUEST FOR BALLOTING MATERIALS. (a) A person
eligible to vote under this subchapter may request from the
appropriate county clerk e-mail transmission of balloting
materials under this part.
(b) The county clerk shall grant a request made under this
section for the e-mail transmission of balloting materials if:
(1) the requestor has submitted a valid federal
postcard application and:
(A) if the requestor is a person described by
Section 74.001(2)(D), has provided a current mailing address that
is located outside the United States; or
(B) if the requestor is a person described by
Section 74.001(2)(A), (B), or (C), has provided a current mailing
address that is located outside the requestor's county of
residence;
(2) the requestor provides an e-mail address:
(A) that corresponds to the address on file with
the requestor's federal postcard application; or
(B) stated on a newly submitted federal postcard
application;
(3) the request is submitted on or before the deadline
prescribed by Section 72.006; and
(4) a marked ballot for the election from the
requestor has not been received by the county clerk.
Sec. 74.103. CONFIDENTIALITY OF E-MAIL ADDRESS. An e-mail
address used under this part to request balloting materials is
confidential and does not constitute public information for
purposes of Chapter 552, Government Code. A county clerk shall
ensure that a voter's e-mail address provided under this part is
excluded from public disclosure.
Sec. 74.104. ELECTIONS COVERED. Balloting materials may be
sent by e-mail under this part for any election in which the voter
who registers under this subchapter is eligible to vote.
Sec. 74.105. BALLOTING MATERIALS TO BE SENT BY E-MAIL.
Balloting materials to be sent by e-mail under this part include:
(1) the appropriate ballot;
(2) ballot instructions, including instructions that
inform a voter that the ballot must be returned by mail to be
counted;
(3) instructions prescribed by the secretary of state
on:
(A) how to print a return envelope from the
Federal Voting Assistance Program Internet website; and
(B) how to create a carrier envelope or signature
sheet for the ballot; and
(4) a list of certified write-in candidates, if
applicable.
Sec. 74.106. METHODS OF TRANSMISSION TO VOTER. (a) The
balloting materials may be provided by e-mail to the voter in PDF
format, through a scanned format, or by any other method of
electronic transmission authorized by the secretary of state in
writing.
(b) The secretary of state shall prescribe procedures for
the retransmission of balloting materials following an
unsuccessful transmission of the materials to a voter.
Sec. 74.107. RETURN OF BALLOT. (a) A voter described by
Section 74.001(2)(A), (B), or (C) must be voting from outside the
voter's county of residence. A voter described by Section
74.001(2)(D) must be voting from outside the United States.
(b) A voter who receives a ballot under this part must
return the ballot in the same manner as required under Section
74.057 except that a voter who completes a signature sheet is not
required to complete a carrier envelope. Except as provided by
Subchapter C, the voter may not return the ballot by electronic
transmission.
(c) A ballot that is not returned as required by Subsection
(b) is considered a ballot not timely returned and is not sent to
the mail ballot board for processing.
(d) The deadline for the return of a ballot under this
section is the same deadline as provided in Section 73.007.
Sec. 74.108. TRACKING OF BALLOTING MATERIALS. The
secretary of state by rule shall create a tracking system under
which an FPCA registrant may determine whether a voted ballot has
been received by the county clerk. Each county that sends ballots
to FPCA registrants shall provide information required by the
secretary of state to implement the system.
Sec. 74.109. RULES. (a) The secretary of state may adopt
rules as necessary to implement this part.
(b) The secretary of state may provide for an alternate
secure method of electronic ballot transmission under this part
instead of transmission by e-mail.
SUBCHAPTER B. LATE VOTING BY DISABLED VOTER
Sec. 74.201. ELIGIBILITY. A qualified voter is eligible to
vote late as provided by this subchapter if the voter has a sickness
or physical condition described by Section 71.002 that originates
on or after the day before the last day for submitting an
application to vote by mail.
Sec. 74.202. CONTENTS OF APPLICATION. An application to
vote late must comply with the applicable provisions of Section
72.002 and must include or be accompanied by a certificate of a
licensed physician or chiropractor or accredited Christian Science
practitioner in substantially the following form:
"This is to certify that I know that __________ has a sickness
or physical condition that will prevent him or her from appearing at
the polling place for an election to be held on the __________ day
of __________, 20___, without a likelihood of needing personal
assistance or of injuring his or her health and that the sickness or
physical condition originated on or after __________.
"Witness my hand at __________, Texas, this __________ day of
__________, 20___.
________________________________
(signature of physician,
chiropractor, or practitioner)"
Sec. 74.203. SUBMITTING APPLICATION. (a) An application
to vote late must be submitted in person to the county clerk at the
county clerk's office by a representative of the applicant.
However, if the mail ballots are processed at a location other than
the county clerk's office, the county clerk may require the
application to be submitted at that location.
(b) An application may be submitted after the fourth day
before election day and before 5 p.m. on election day.
(c) To be eligible to serve as an applicant's
representative, a person:
(1) must be at least 18 years of age;
(2) must not be employed by or related within the third
degree by consanguinity or affinity, as determined under Chapter
573, Government Code, to a candidate whose name appears on the
ballot; and
(3) must not have served in the election as the
representative for another applicant.
Sec. 74.204. REVIEWING APPLICATION AND PROVIDING BALLOTING
MATERIALS. (a) An application submitted under this subchapter
shall be reviewed and the applicant's registration status verified
by the county clerk in the same manner as for voting by mail.
(b) The clerk shall provide the balloting materials for
voting by mail to the representative who submits the voter's
application. Before providing the materials, the clerk shall enter
the representative's name and residence address on the application
and secure the representative's signature beside the name.
(c) The voter's representative shall deliver the balloting
materials in person to the voter.
(d) A ballot provided for late voting to a voter by any
method other than that prescribed by this section may not be
counted.
Sec. 74.205. MARKING AND SEALING BALLOT. A ballot for late
voting must be marked and sealed by the voter in the same manner as a
mail ballot.
Sec. 74.206. METHOD OF RETURNING MARKED BALLOT; DEADLINE.
(a) A marked ballot for late voting must be delivered to the county
clerk in person by the representative who submitted the voter's
application. The ballot must be delivered in the official carrier
envelope. A ballot returned by any other method may not be counted.
(b) The clerk shall enter the representative's name and
residence address on a returned carrier envelope and secure the
representative's signature beside the name.
(c) The deadline for returning a marked ballot for late
voting is the same as that for a mail ballot.
Sec. 74.207. PROCESSING RESULTS. The results of voting
under this subchapter shall be processed in accordance with the
procedures applicable to processing mail ballots.
Sec. 74.208. ENTRY ON MAIL VOTING ROSTER. The mail voting
roster must include the name of each person to whom a ballot for
late voting is provided with a notation indicating that the ballot
was for late voting under this subchapter.
Sec. 74.209. ENTRY ON PRECINCT MAIL VOTING LIST. The
precinct mail voting list must contain the name of each person to
whom a ballot for late voting has been provided as of the time of
delivery of the list.
SUBCHAPTER C. VOTING BY MILITARY PERSONNEL OR OTHER PERSONS
OVERSEAS
Sec. 74.301. ELECTRONIC TRANSMISSION OF COMPLETED BALLOT.
(a) The secretary of state shall prescribe procedures to allow a
person who is casting a mail ballot to return the ballot by
telephonic facsimile machine or similar electronic means if the
person:
(1) is a member of the armed forces of the United
States who is on active duty overseas, or the spouse or a dependent
of the member; and
(2) is casting the ballot from an area:
(A) in which members of the armed forces are
eligible to receive hostile fire pay or imminent danger pay; or
(B) that has been designated by the president of
the United States as a combat zone.
(b) The procedures must:
(1) provide for verification of the voter;
(2) provide for the security of the transmission; and
(3) require the county clerk to maintain a record of
each ballot received under this section.
(c) A ballot transmitted under this section or by mail may
not be counted if the ballot has previously been transmitted to the
county clerk by electronic means under this section.
Sec. 74.302. USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR
ELECTIONS FOR FEDERAL OFFICE. The secretary of state shall
prescribe procedures to allow a voter who qualifies to vote by a
federal write-in absentee ballot to vote through use of a federal
write-in absentee ballot in:
(1) any general, special, primary, or runoff election
for federal office; or
(2) an election for any office for which balloting
materials may be sent under Section 74.104.
Sec. 74.303. E-MAIL BALLOT PROGRAM. (a) The secretary of
state shall implement a program to allow a person who is casting a
mail ballot to return the ballot by e-mail if the person is a member
of the armed forces of the United States who is on active duty
overseas and eligible for hostile fire pay. The secretary of state
shall prescribe procedures to provide for a process implemented
under this section to require:
(1) the voter to print the ballot, print and sign a
voter signature form, and then scan the documents before submitting
them by e-mail; and
(2) secure processing of ballots, including requiring
the use of a voter's military e-mail address and common access card,
or other measures the secretary of state considers appropriate.
(b) The secretary of state shall select to participate in
the program any county that:
(1) desires to participate in the program; and
(2) is determined by the secretary of state to have the
appropriate technological capabilities.
SUBCHAPTER D. VOTING ON ELECTION DAY BY PERSON ON SPACE FLIGHT
Sec. 74.401. APPLICABILITY. This subchapter applies only
to a person who:
(1) is eligible to vote in this state; and
(2) is unable to vote in an election because the person
is on a space flight, as defined by the secretary of state, on
election day and during the voting period for the election.
Sec. 74.402. VOTING PERMITTED. The secretary of state
shall prescribe procedures for voting from space on election day by
secure electronic means by persons to whom this subchapter applies.
The procedures may provide for:
(1) a deadline by which a person must apply to vote
under this subchapter; and
(2) the use of the National Aeronautics and Space
Administration's electronic transmission program to send ballots
to persons on a space flight.
SUBTITLE C. RESTRICTED BALLOT
CHAPTER 88. RESTRICTED BALLOT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 88.001. RESTRICTED BALLOT. In this subtitle,
"restricted ballot" means a ballot that is restricted to the
offices and propositions stating measures on which a person is
entitled to vote under this subtitle.
Sec. 88.002. GENERAL CONDUCT OF VOTING. The voting of
restricted ballots under this subtitle shall be conducted and the
results of voting shall be processed as provided by this code for
standard voting, except as otherwise provided by this subtitle.
Sec. 88.003. APPLICATION REQUIRED. (a) To be entitled to
vote a restricted ballot, a person must make an application for the
ballot.
(b) A restricted ballot application is subject to the
applicable provisions of Chapter 72.
Sec. 88.004. CONTENTS OF APPLICATION. An application for a
restricted ballot must include, in addition to the information
required by the applicable provisions of Section 72.002, the
information necessary to indicate that the applicant is eligible to
vote the restricted ballot requested.
Sec. 88.005. PREPARING RESTRICTED BALLOT. (a) The county
clerk shall prepare a voter's restricted ballot.
(b) If a regular paper ballot is used, the restricted ballot
shall be prepared by striking from an official mail ballot the
offices and propositions stating measures on which the voter is not
entitled to vote.
(c) If an electronic system ballot is used, the restricted
ballot shall be prepared by marking or otherwise identifying an
official mail ballot so that votes on offices and propositions
stating measures on which the voter is not entitled to vote may not
be counted.
Sec. 88.006. MANUALLY COUNTING ELECTRONIC SYSTEM BALLOT.
If a restricted electronic system ballot cannot be automatically
counted with other electronic system ballots voted in the election
that are to be counted automatically, the restricted ballot shall
be counted manually.
Sec. 88.007. RESTRICTED BALLOT ROSTER. (a) The county
clerk shall maintain a roster for each election listing each person
who votes a restricted ballot during the voting period or on
election day and each person to whom a restricted ballot is provided
by mail.
(b) For each person listed, the roster must include:
(1) the person's name and residence address;
(2) an indication of the type of restricted ballot
voted or provided, as applicable; and
(3) the date of voting or the date the ballot was
mailed to the person, as applicable.
(c) Except as provided by this section, the restricted
ballot roster is subject to the provisions applicable to the mail
voting roster. A person included on the restricted ballot roster
may not be included on the mail voting roster.
Sec. 88.008. NOTING RESTRICTED BALLOT VOTER ON POLL LIST
AND REGISTERED VOTER LIST. For each voter accepted to vote a
restricted ballot, a notation shall be made beside the voter's name
on the poll list indicating that a restricted ballot was voted and
the type of restricted ballot. If the voter's name appears on the
list of registered voters used for conducting voting, a similar
notation shall be made on that list unless the form of the list
makes it impracticable to do so.
SUBCHAPTER B. VOTING LIMITED BALLOT AFTER CHANGING COUNTY OF
RESIDENCE
Sec. 88.101. LIMITED BALLOT. In this code, "limited
ballot" means a ballot voted under this subchapter that is
restricted to the offices and propositions stating measures on
which a person is entitled to vote under Section 88.104.
Sec. 88.102. ELIGIBILITY. (a) After changing residence to
another county, a person is eligible to vote a limited ballot during
the voting period or by mail if:
(1) the person would have been eligible to vote in the
county of former residence on election day if still residing in that
county;
(2) the person is registered to vote in the county of
former residence at the time the person:
(A) offers to vote in the county of new
residence; or
(B) submitted a voter registration application
in the county of new residence; and
(3) a voter registration for the person in the county
of new residence is not effective on or before election day.
(b) A person is not eligible to vote a limited ballot by mail
unless, in addition to satisfying the eligibility requirements
prescribed by Subsection (a), the person is eligible to vote by mail
under Chapter 71.
(c) Before being accepted for voting under this subchapter,
the voter must execute a statement including:
(1) a statement that the voter satisfies the
applicable requirements prescribed by Subsection (a);
(2) the voter's residence address or, if the residence
has no address, the address at which the voter receives mail and a
concise description of the voter's residence;
(3) the month, day, and year of the voter's birth; and
(4) the date the statement is executed.
(d) A statement executed under Subsection (c) shall be
submitted:
(1) to an election officer at the county clerk's
office, if the person is voting during the voting period; or
(2) with the person's application to vote by mail, if
the person is voting by mail.
(e) A statement executed under Subsection (c) may include
space for disclosure of any necessary information to enable the
person to register to vote under Chapter 13.
(f) The secretary of state shall prescribe the form of a
statement executed under Subsection (c).
Sec. 88.103. RESIDENCE IN PRECINCT SITUATED IN MORE THAN
ONE COUNTY. A person who changes county of residence may vote in
the regular manner in an election ordered by an authority of a
political subdivision situated in more than one county if the
person resides in the same election precinct both before and after
changing county of residence and the person's voter registration in
the county of former residence is effective at the time the person
offers to vote.
Sec. 88.104. OFFICES AND MEASURES ON WHICH VOTER ENTITLED
TO VOTE. A person voting a limited ballot is entitled to vote only
on:
(1) each office and proposition stating a measure to
be voted on statewide; and
(2) each office and proposition stating a measure to
be voted on in a territorial unit of which the person was a resident
both before changing county of residence and after the change.
Sec. 88.105. SUBMITTING APPLICATION FOR LIMITED BALLOT BY
MAIL. An application for a limited ballot by mail must be submitted
to the county clerk serving the election precinct in which the
applicant resides.
Sec. 88.106. PLACE FOR VOTING IN PERSON. A person may vote
a limited ballot during the voting period only at the county clerk's
office.
Sec. 88.107. VERIFYING REGISTRATION STATUS OF APPLICANT FOR
LIMITED BALLOT. Before accepting an applicant to vote a limited
ballot or, in the case of an application for a limited ballot by
mail, before providing a ballot to the applicant, the county clerk
shall verify, if possible, that the applicant does not have an
effective voter registration in the county of new residence. If the
person has applied in the county of new residence for a voter
registration that will be effective on or before election day, the
limited ballot application shall be rejected.
Sec. 88.108. DETERMINING OFFICES AND MEASURES TO BE VOTED
ON. For each person who is to vote a limited ballot, the county
clerk shall determine the offices and propositions stating measures
on which the person is entitled to vote and shall indicate them on
the person's application.
Sec. 88.109. PREPARING VOTING MACHINE. Before permitting a
person to vote a limited ballot on a voting machine, the county
clerk shall adjust the machine so that votes may be cast only on the
offices and propositions stating measures on which the voter is
entitled to vote.
Sec. 88.110. INFORMATION ON DISTRICT COMPOSITION. (a) In
each even-numbered year, the secretary of state shall prepare
information on the territorial composition of each district for
which an officer of the state government is regularly elected at the
general election for state and county officers.
(b) The information must include the data necessary to
enable a county clerk to determine the district offices on which a
voter under this subchapter is eligible to vote.
(c) The secretary shall deliver the information to each
county clerk before the 20th day before general primary election
day.
Sec. 88.111. NOTIFICATION TO VOTER REGISTRAR. Not later
than the 30th day after receipt of an application for a limited
ballot, the county clerk shall notify the voter registrar for the
voter's former county of residence that the voter has applied for a
limited ballot.
SUBCHAPTER C. VOTING PRESIDENTIAL BALLOT BY FORMER RESIDENT
Sec. 88.201. PRESIDENTIAL BALLOT. In this subchapter,
"presidential ballot" means a ballot voted under this subchapter
that is restricted to the offices of president and vice-president
of the United States.
Sec. 88.202. ELIGIBILITY. A former resident of this state
is eligible to vote a presidential ballot in the presidential
general election in person or by mail if the former resident:
(1) is domiciled in another state;
(2) was registered to vote in this state at the time
the former resident ceased to be a resident;
(3) would be eligible for registration to vote in this
state if a resident; and
(4) on presidential election day will not have resided
in the state of present domicile for more than 30 days and is not
eligible to vote in the presidential election in that state.
Sec. 88.203. SUBMITTING APPLICATION TO VOTE BY MAIL. An
application for a presidential ballot by mail must be submitted to
the county clerk serving the county of the applicant's most recent
registration to vote by the deadline prescribed by Section 72.006.
Sec. 88.204. TIME AND PLACE FOR VOTING IN PERSON. (a) A
person may vote a presidential ballot during the voting period only
at the county clerk's office for the county of the person's most
recent registration to vote.
(b) The period for voting presidential ballots in person
ends on presidential election day.
Sec. 88.205. IN-PERSON VOTING; PROCESSING RESULTS. (a) On
submission of an application for a presidential ballot to be voted
in person, the county clerk shall review the application and verify
the applicant's registration status in accordance with the
procedure applicable to voting by mail.
(b) Voting in person shall be conducted with the balloting
materials for voting by mail.
(c) The voter must mark and seal the ballot in the same
manner as if voting by mail except that the certificate on the
carrier envelope need not be completed.
(d) On sealing the carrier envelope, the voter must give it
to the clerk, who shall note on the envelope that the ballot is a
presidential ballot.
(e) The results of voting a presidential ballot in person
shall be processed in accordance with the procedures applicable to
processing mail ballots.
Sec. 88.206. CANCELING REGISTRATION. As soon as
practicable after the close of voting, the county clerk shall
notify the voter registrar of the name of each person who applied
for a presidential ballot whose name appears on the list of
registered voters. On receipt of the notice, the voter registrar
shall cancel the voter's registration.
SUBCHAPTER D. VOTING FEDERAL BALLOT BY OVERSEAS CITIZEN
Sec. 88.301. DEFINITIONS. In this subchapter:
(1) "Federal ballot" means a ballot voted under this
subchapter that is restricted to federal offices only.
(2) "Federal office" means the offices of president
and vice-president of the United States, United States senator, or
United States representative.
(3) "United States" includes the several states and
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
and the Virgin Islands, but does not include any other territory or
possession of the United States.
Sec. 88.302. ELIGIBILITY. A United States citizen dwelling
outside the United States is eligible to vote a federal ballot by
mail if:
(1) the citizen's most recent domicile in the United
States was in this state and the citizen's intent to return to this
state is uncertain;
(2) the citizen would be eligible for registration as
a voter in this state if a resident; and
(3) the citizen is not eligible to vote on federal
offices in any other state.
Sec. 88.303. OFFICES ON WHICH VOTER ENTITLED TO VOTE. A
person voting a federal ballot is entitled to vote only on each
federal office to be voted on in the election precinct of the
person's most recent domicile in this state.
Sec. 88.304. APPLICATION. (a) An application for a federal
ballot must be submitted on an official federal postcard
application form.
(b) The application must be submitted to the county clerk
serving the election precinct of the applicant's most recent
domicile in this state.
(c) The period during which a federal ballot application may
be submitted is the same as that for submitting a federal postcard
application under Subchapter A, Chapter 74.
Sec. 88.305. APPLYING FOR MORE THAN ONE ELECTION IN SAME
APPLICATION. The provisions governing the application for ballots
for more than one election by a single federal postcard application
under Subchapter A, Chapter 74, apply to a federal ballot
application.
Sec. 88.306. DETERMINING OFFICES TO BE VOTED ON. For each
voter who is to vote a federal ballot, the county clerk shall
determine the federal offices on which the voter is entitled to vote
and indicate them on the application or the jacket envelope.
Sec. 88.307. METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS;
RETURN OF BALLOT. (a) The balloting materials provided under this
subchapter shall be airmailed to the voter free of United States
postage, as provided by the federal Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. Sections 20301 through 20311), in an
envelope labeled "Official Election Balloting Material--via
Airmail." The secretary of state shall provide county clerks with
instructions on compliance with this subsection.
(b) The address to which the balloting materials are sent to
a voter must be an address outside the United States or an address
in the United States for forwarding or delivery to the voter at a
location outside the United States. If the address to which the
balloting materials are to be sent is within the county served by
the county clerk, the federal ballot application must indicate that
the balloting materials will be forwarded or delivered to the voter
at a location outside the United States.
(c) A ballot voted under this subchapter may be returned to
the county clerk by mail, common or contract carrier, or courier.
Sec. 88.308. OFFICIAL CARRIER ENVELOPE. The officially
prescribed carrier envelope for voting under this subchapter shall
be labeled "Official Election Balloting Material--via Airmail."
SUBTITLE D. TABULATION AND REPORTING
CHAPTER 91. COUNTING VOTES AND PREPARING RETURNS
Sec. 91.001. COUNTING OFFICERS. At each polling place, the
ballots shall be counted by one or more teams of election officers
assigned by the presiding judge. Each team must consist of two or
more election officers.
Sec. 91.002. TIME FOR COUNTING. (a) Subject to Subsection
(b), the presiding judge may direct the counting of ballots to occur
at any time after the polls have been open for one hour.
(b) While the polls are open and until voting is concluded
after the polls close, the ballot box for the deposit of voters'
marked ballots may not be opened for the purpose of counting the
ballots unless there are at least 10 ballots in the box.
(c) After the polls close on election day or the last voter
has voted, whichever is later, the counting of ballots shall be
conducted continuously until all the ballots are counted.
(d) To the extent possible, the counting of ballots voted
during the voting period shall be completed not later than the end
of voting on election day.
Sec. 91.003. ROTATING BALLOT BOXES NO. 1 AND NO. 2. (a) If
the counting of the ballots is to begin before voting is concluded,
ballot box no. 1 and ballot box no. 2 shall be used on a rotating
basis at the polling place.
(b) When either ballot box no. 1 or no. 2 containing marked
ballots is delivered to the election officers counting the ballots,
the other box shall be immediately made available for the deposit of
marked ballots.
(c) Before the ballot box is positioned for the receipt of
marked ballots, an election officer shall examine it, remove its
contents, and lock the box.
Sec. 91.004. TALLY LISTS. Three original tally lists shall
be maintained at the polling place to record the number of votes
received for the candidates and for and against the measures voted
on.
Sec. 91.005. TALLYING THE VOTES. (a) One member of the
counting team shall examine each ballot and clearly announce the
name of each candidate for whom a vote has been received or whether
a vote has been received for or against a measure. The other
members of the counting team shall record the votes on the tally
lists as they are announced.
(b) The counting team shall compare the tally lists
periodically to determine whether discrepancies exist among them.
If a discrepancy is discovered, the ballots shall be recounted and
the necessary corrections shall be made on the lists.
(c) On completing the count, each member of the counting
team assigned to tally votes shall compute the total number of votes
tallied on the list the member has kept and enter the totals on the
tally list. After verifying that the three lists are in agreement,
each counting officer shall sign the list that the officer has kept.
Sec. 91.006. REPLACING MEMBER OF COUNTING TEAM. (a) A
member of a counting team may not be replaced after vote tallying is
begun unless each existing discrepancy among the three tally lists
is corrected before the replacement is made.
(b) If a counting officer is replaced on a counting team
after the tallying is begun, the officer to be replaced shall
certify the accuracy of the list the officer has kept, as of the
time of the replacement, by signing the list at that time.
Sec. 91.007. TALLYING WRITE-IN VOTES. (a) In an election in
which write-in voting is permitted, the name of a write-in
candidate shall be entered on the tally list and votes for that
candidate shall be tallied in the same manner as votes for a
candidate whose name appears on the ballot.
(b) A write-in vote may not be counted if a sticker
containing a candidate's name is affixed to the ballot by the voter.
Sec. 91.008. COUNTING IRREGULARLY MARKED BALLOT. (a)
Failure to mark a ballot in strict conformity with this code does
not invalidate the ballot.
(b) Marking the ballot by marking through the names of
candidates for whom or the statements beside the propositions for
which the voter does not desire to vote does not invalidate the
ballot.
(c) A vote on an office or measure shall be counted if the
voter's intent is clearly ascertainable unless other law prohibits
counting the vote.
(d) The intent of the voter in marking a ballot may be
determined by:
(1) a distinguishing mark adjacent to the name of a
candidate or political party or a voting choice associated with a
proposition;
(2) an oval, box, or similar marking clearly drawn
around the name of a candidate or political party or a voting choice
associated with a proposition;
(3) a line drawn through:
(A) the names of all candidates in a manner that
indicates a preference for the candidates not marked if the names of
the candidates not marked do not exceed the number of persons that
may be elected to that office;
(B) the name of each political party except one
in a manner that clearly indicates a preference for the political
party not marked; or
(C) a voting choice associated with a proposition
in a manner that clearly indicates a preference for the other voting
choice associated with the proposition; or
(4) any other evidence that clearly indicates the
intent of the voter in choosing a candidate or political party or
deciding on a proposition.
Sec. 91.009. BALLOTS NOT COUNTED. (a) The following
ballots may not be counted:
(1) a ballot that is not provided to the voter at the
polling place;
(2) two or more ballots that are folded together in a
manner indicating that they were folded together when deposited in
the ballot box;
(3) a write-in envelope containing a write-in vote
without an attached ballot;
(4) a ballot that has not been deposited in the ballot
box used for the deposit of marked ballots; or
(5) a provisional ballot that is not accepted under
Subchapter F, Chapter 92.
(b) If a ballot is unnumbered or the signature of the
presiding judge does not appear on the back of a ballot, the
presiding judge shall examine it to determine whether the ballot is
not to be counted under Subsection (a)(1).
(c) If a ballot is not counted, an election officer shall
indicate on the back of the ballot the reason for not counting it.
Sec. 91.010. OVERVOTING. If a voter marks the ballot for
more candidates for an office than the number of persons to be
elected for that office, none of the votes may be counted for that
office.
Sec. 91.011. DEPOSITING BALLOT IN BALLOT BOX NO. 3. (a)
After a ballot is counted, it shall be deposited in ballot box no.
3.
(b) A voted ballot that is not counted shall also be
deposited in ballot box no. 3.
Sec. 91.012. BALLOT REGISTER. (a) Each presiding judge
shall prepare a ballot register as provided by this section.
(b) The register must state:
(1) the total number of ballots received for
conducting voting at the polling place;
(2) the number of defectively printed ballots
received;
(3) the number of ballots provided to voters as
indicated by the number of voters on the poll list;
(4) the number of spoiled ballots returned by voters;
and
(5) the number of unused ballots that are not
accounted for as defectively printed ballots.
(c) The ballot register shall be prepared as an original and
one copy, and on completing the register, the presiding judge shall
sign each one to certify its accuracy.
Sec. 91.013. PREPARING PRECINCT RETURNS. (a) On completion
of the vote count, the presiding judge shall prepare the returns of
the election for the precinct.
(b) The returns must state:
(1) the total number of voters who voted at the polling
place during the voting period and on election day, as indicated by
the poll list; and
(2) the total number of votes counted for each
candidate and for and against each measure.
(c) The returns shall be prepared as an original and three
copies, and on completing the returns, the presiding judge shall
sign each one to certify its accuracy.
(d) A presiding judge commits an offense if the judge
knowingly fails:
(1) to include in the precinct returns the applicable
information required by this code; or
(2) to complete the returns in time for them to be
delivered by the deadline prescribed by Section 93.053(c) for
delivery of the precinct election records.
(e) An offense under Subsection (d) is a Class B
misdemeanor.
Sec. 91.014. ANNOUNCING PARTIAL RESULTS. (a) Subject to
Subsection (b), after the polls close and the last voter has voted,
the presiding judge may announce the status of the vote count from
time to time.
(b) The local canvassing authority may require the
announcements or prohibit them.
(c) The announcements shall be made at the entrance to the
polling place.
Sec. 91.015. INTERNET POSTING OF ELECTION RESULTS. (a) A
county that holds or provides election services for an election and
maintains an Internet website shall post on its public Internet
website for an election of public officials or of a governmental
entity authorized by law to impose a tax administered by the county:
(1) the results of each election;
(2) the total number of votes cast;
(3) the total number of votes cast for each candidate
or for or against each measure;
(4) the total number of votes cast in person during the
voting period;
(5) the total number of votes cast in person on
election day;
(6) the total number of votes cast by mail; and
(7) the total number of counted and uncounted
provisional ballots cast.
(b) A city or independent school district that holds an
election and maintains an Internet website shall post on its public
Internet website for the city or independent school district, as
applicable:
(1) the results of each election;
(2) the total number of votes cast;
(3) the total number of votes cast for each candidate
or for or against each measure;
(4) the total number of votes cast in person during the
voting period;
(5) the total number of votes cast in person on
election day;
(6) the total number of votes cast by mail; and
(7) the total number of counted and uncounted
provisional ballots cast.
(c) The information described by Subsections (a) and (b)
must be:
(1) posted as soon as practicable after the election;
and
(2) accessible without having to make more than two
selections or view more than two network locations after accessing
the Internet website home page of the county, city, or district, as
applicable.
CHAPTER 92. PROCESSING MAIL VOTING RESULTS
SUBCHAPTER A. MAIL BALLOT BOARD
Sec. 92.001. BOARD CREATED; JURISDICTION. A mail ballot
board shall be created in each election to process mail voting
results from the territory served by the county clerk.
Sec. 92.002. COMPOSITION OF BOARD. (a) The mail ballot
board consists of a presiding judge, an alternate presiding judge,
and at least one other member.
(b) Except as provided by Subsection (d), the presiding
judge and the alternate presiding judge are appointed in the same
manner as a presiding election judge and alternate presiding
election judge, respectively. Except as provided by Subsection
(c), each other member is appointed by the presiding judge in the
same manner as the precinct election clerks.
(c) In the general election for state and county officers,
each county chair of a political party with nominees on the general
election ballot shall submit to the county election board a list of
names of persons eligible to serve on the mail ballot board in order
of the county chair's preference. The county election board shall
appoint at least one person from each list to serve as a member of
the mail ballot board. The same number of members must be appointed
from each list. The county election board shall appoint persons as
members of the mail ballot board in the order of preference
indicated on each list.
(d) In addition to the members appointed under Subsection
(c), the county election board shall appoint as the presiding judge
the highest-ranked person on the list provided under that
subsection by the political party whose nominee for governor
received the most votes in the county in the most recent
gubernatorial general election and as the alternate presiding judge
the highest-ranked person on the list provided under that
subsection by the political party whose nominee for governor
received the second most votes in the county in the most recent
gubernatorial general election.
Sec. 92.003. ELIGIBILITY FOR BOARD MEMBERSHIP. To be
eligible for appointment to the mail ballot board, a person must
meet the requirements for eligibility for service as a presiding
election judge, except that the appointee must be a qualified voter
of the territory served by the county clerk and is not required to
be a qualified voter of any other particular territory.
Sec. 92.0031. TRAINING. The secretary of state shall
provide a standardized training program and materials for members
of a mail ballot board in the same manner it provides such a program
under Subchapter F, Chapter 32.
Sec. 92.004. BOARD COMPOSED OF PRECINCT ELECTION OFFICERS.
In an election other than the general election for state and county
officers or a primary election, the authority ordering the election
may direct by resolution, order, or other official action that the
precinct election officers serving one of the election precincts
also serve as the mail ballot board for the election. In that case,
the presiding election judge of the precinct serves as the board's
presiding officer.
Sec. 92.005. COMPENSATION OF MEMBERS. (a) Members of the
mail ballot board are entitled to the same compensation as
presiding election judges, except that:
(1) the presiding judge may be compensated at a higher
rate at the discretion of the appropriate authority; and
(2) if the board concludes its work in less than 10
hours, the members may be paid greater compensation than that
regularly payable for the amount of time worked, but not to exceed
the amount payable for 10 hours' work.
(b) Precinct officers serving as board members under
Section 92.004 may not be compensated for both positions.
Sec. 92.006. MAIL BALLOT BOARD MEMBERS: OATH AND
IDENTIFICATION. (a) A member of the mail ballot board shall repeat
the following oath aloud:
"I swear (or affirm) that I will objectively work to be sure
every eligible voter's vote is accepted and counted, and that only
the ballots of those voters who violated the Texas Election Code
will be rejected. I will make every effort to correctly reflect the
voter's intent when it can be clearly determined. I will not work
alone when ballots are present and will work only in the presence of
a member of a political party different from my own. I will
faithfully perform my duty as an officer of the election and guard
the purity of the election."
(b) A member of the mail ballot board who arrives after the
oath is made shall repeat the oath aloud before performing any
duties as a member.
(c) Following administration of the oath, each member of the
mail ballot board shall be issued a form of identification,
prescribed by the secretary of state, to be displayed by the member
during the member's hours of service on the board.
SUBCHAPTER B. DELIVERING MATERIALS TO BOARD
Sec. 92.021. BALLOTS AND OTHER MATERIALS DELIVERED TO
BOARD. The county clerk shall deliver to the mail ballot board:
(1) the jacket envelopes containing the mail ballots,
regardless of the ballot type or voting system used;
(2) the list of registered voters used in conducting
voting by mail; and
(3) a ballot transmittal form that includes a
statement of the number of mail ballots, regardless of the ballot
type or voting system used, that are delivered to the mail ballot
board.
Sec. 92.0211. ELECTRONIC DELIVERY OF MATERIALS RECORDED
ELECTRONICALLY. If ballot materials and ballot applications are
recorded electronically as provided by Section 92.206, the county
clerk may deliver those materials to the mail ballot board through
electronic means.
Sec. 92.022. TIME OF DELIVERY: GENERAL RULE. Except as
provided by Section 92.0221, 92.023, or 92.024, the materials shall
be delivered to the mail ballot board under this subchapter during
the time the polls are open on election day, or as soon after the
polls close as practicable, at the time or times specified by the
presiding judge of the board.
Sec. 92.0221. TIME OF DELIVERY: MAIL BALLOTS. (a) Except as
provided by Subsection (b), not later than the ninth day before
election day, the jacket envelopes containing mail ballots shall be
delivered to the board.
(b) Any jacket envelopes of mail ballots returned after
delivery of the ballots under Subsection (a) may be delivered to the
presiding judge of the mail ballot board between the end of the
ninth day before election day and the closing of the polls on
election day, or as soon after closing as practicable, at the time
or times specified by the presiding judge.
(c) The county clerk shall post notice of each delivery of
balloting materials under this section that is to be made before the
time for opening the polls on election day. The notice shall be
posted at the county clerk's office continuously for at least 24
hours immediately preceding the delivery.
(d) At least 24 hours before each delivery made before the
time for opening the polls on election day, the county clerk shall
notify the county chair of each political party having a nominee on
the ballot of the time the delivery is to be made.
Sec. 92.0222. TIME OF DELIVERY: BALLOTS SENT OUT BY REGULAR
MAIL AND E-MAIL. (a) If the county clerk has provided a voter a mail
ballot by both regular mail and e-mail under Part 3, Subchapter A,
Chapter 74, the clerk may not deliver a jacket envelope containing
the mail ballot by the voter to the mail ballot board until:
(1) both ballots are returned; or
(2) the deadline for returning marked ballots under
Section 73.007 has passed.
(b) If both the ballot provided by regular mail and the
ballot provided by e-mail are returned before the deadline, the
county clerk shall deliver only the jacket envelope containing the
ballot provided by e-mail to the mail ballot board. The ballot
provided by regular mail is considered to be a ballot not timely
returned.
Sec. 92.023. TIME OF DELIVERY: AUTOMATICALLY COUNTED
BALLOTS. (a) In an election in which mail ballots are to be counted
by automatic tabulating equipment at a central counting station,
the mail ballots to be automatically counted may be delivered to the
mail ballot board between the end of the fourth day before election
day and the closing of the polls on election day, or as soon after
closing as practicable, at intervals specified by the presiding
judge of the board.
(b) The county clerk shall post notice of each delivery of
ballots under this section that is to be made before the time for
opening the polls on election day. The notice shall be posted at
the county clerk's office continuously for at least 24 hours
immediately preceding the delivery.
(c) At least 24 hours before the first delivery of ballots
covered by Subsection (b), the county clerk shall notify the county
chair of each political party having a nominee on the ballot of the
time the first delivery is to be made.
Sec. 92.024. TIME OF DELIVERY: VOTING MACHINE ELECTION.
(a) In an election in which votes are cast on voting machines, the
jacket envelopes containing the mail ballots may be delivered to
the mail ballot board between the end of the fourth day before
election day and the closing of the polls on election day, or as
soon after closing as practicable, at a time specified by the
presiding judge of the board.
(b) The county clerk shall post notice of the delivery of
materials under this section that is to be made before the time for
opening the polls on election day. The notice shall be posted at
the county clerk's office continuously for at least 24 hours
immediately preceding the delivery.
(c) At least 24 hours before the delivery, the county clerk
shall notify the county chair of each political party having a
nominee on the ballot of the time the delivery is to be made.
Sec. 92.0241. PROCESSING BALLOTS BEFORE POLLS OPEN. (a)
The mail ballot board shall make its determination whether to
accept mail ballots in accordance with Section 92.041 after the
ballots are delivered to the board.
(b) The mail ballot board may not count mail ballots until:
(1) the polls open on election day; or
(2) in an election conducted by an authority of a
county with a population of 100,000 or more, or conducted jointly
with such a county or conducted with such a county through a
contract for election services, the fourth day before election day.
(c) The secretary of state shall prescribe any procedures
necessary for implementing this section.
Sec. 92.025. DELIVERING SECOND BALLOT BOX KEY TO BOARD. On
request of the presiding officer of the mail ballot board, the
custodian of the key to the second lock on the ballot boxes for mail
ballots shall deliver the custodian's key for each box to the
presiding officer.
Sec. 92.026. BYSTANDERS EXCLUDED. (a) Except as permitted
by this code and as described by Subsection (b), a person may not be
in the meeting place of a mail ballot board during the time of the
board's operations.
(b) Under this code, a person may be lawfully present in the
meeting place of a mail ballot board during the time of the board's
operations if the person is:
(1) a presiding judge or member of the board;
(2) a watcher;
(3) a state inspector;
(4) a voting system technician, as authorized by
Section 125.010;
(5) the county election officer, as defined by Section
31.091, as necessary to perform tasks related to the administration
of the election; or
(6) a person whose presence has been authorized by the
presiding judge in accordance with this code.
Sec. 92.027. ACCESS TO INFORMATION. (a) On request, a
county election official shall provide to a member of a mail ballot
board all available information necessary to fulfilling the
functions of the board, including any information from the
statewide computerized voter registration list under Section
18.061.
(b) The secretary of state shall adopt rules as necessary to
prevent a member of a mail ballot board from retaining or sharing
personally identifiable information from the statewide
computerized voter registration list under Section 18.061 obtained
under this section for any reason unrelated to the official's
official duties.
SUBCHAPTER C. ACCEPTING MAIL BALLOT
Sec. 92.041. ACCEPTING VOTER. (a) The mail ballot board
shall open each jacket envelope for a mail ballot and determine
whether to accept the voter's ballot.
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) the voter's ballot application states a legal
ground for voting by mail;
(4) the voter is registered to vote, if registration
is required by law;
(5) the address to which the ballot was mailed to the
voter, as indicated by the application, was the voter's own
residence or an address outside the voter's county of residence, if
the ground for voting by mail is absence from the county of
residence;
(6) for a voter to whom a statement of residence form
was required to be sent under Section 73.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011;
(7) the address to which the ballot was mailed to the
voter is an address that is otherwise required by Sections 72.002
and 73.003; and
(8) the information required under Section 73.002(g)
provided by the voter identifies the same voter identified on the
voter's application for voter registration under Section
13.002(c)(8).
(c) If a ballot is accepted, the board shall enter the
voter's name on the poll list unless the form of the list makes it
impracticable to do so.
(d) A ballot shall be rejected if any requirement prescribed
by Subsection (b) is not satisfied. In that case, the board shall
indicate the rejection by entering "rejected" on the carrier
envelope and on the corresponding jacket envelope.
(e) A person commits an offense if the person intentionally
accepts a ballot for voting or causes a ballot to be accepted for
voting that the person knows does not meet the requirements of
Subsection (b). An offense under this subsection is a Class A
misdemeanor.
Sec. 92.0411. SIGNATURE VERIFICATION. (a) The mail ballot
board shall make a determination under this section for each mail
ballot to ensure that each mail ballot meets the requirement under
Section 92.041(b)(2).
(b) The mail ballot board shall compare the signature on
each carrier envelope certificate, except those signed for a voter
by a witness, with the signature on the voter's ballot application
to determine whether the signatures are those of the voter.
(c) To determine whether the signatures are those of the
voter, the board may also compare the signatures with any known
signature of the voter on file with the county clerk or voter
registrar.
(d) If a voter provides the information required under
Section 73.002(g) and it identifies the same voter identified on
the voter's application for voter registration under Section
13.002(c)(8), the signature on the ballot application and on the
carrier envelope certificate shall be rebuttably presumed to be the
signatures of the voter. The board shall compare signatures in
making a determination under this section regardless of whether the
presumption provided by this subsection exists.
(e) Except as provided by Subsection (f), a determination
under this section that the signatures are not those of the voter
must be made by a majority vote of the board's membership.
(f) If more than 12 members are serving on the board, the
board may split into two or more groups of not fewer than six
members. If the board has split into groups, the determination
under this section that the signatures are not those of the voter
must be made by a majority vote of the membership of the group
making the applicable determination.
(g) The board shall place the jacket envelopes, carrier
envelopes, and applications of voters whose signatures are not
those of the voter in separate containers from those of voters whose
signatures are those of the voter.
(h) For a ballot cast under Subchapter A or D, Chapter 74,
the board shall compare the signature on the carrier envelope or
signature cover sheet with the signature of the voter on the federal
postcard application.
Sec. 92.0412. OPPORTUNITY TO CORRECT DEFECT: MAIL BALLOT
BOARD. (a) This section applies to a mail ballot:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter;
(3) missing any required statement of residence;
(4) missing information or containing incorrect
information required under Section 72.002(a)(2) or 73.002; or
(5) containing incomplete information with respect to
a witness.
(b) Not later than the second day after a mail ballot board
discovers a defect described by Subsection (a) and before the board
decides whether to accept or reject a timely delivered ballot under
Section 92.041, the board shall send the voter a notice of the
defect and a corrective action form developed by the secretary of
state under Subsection (e) by mail or by common or contract carrier.
(c) The mail ballot board shall include with the notice
delivered to the voter under Subsection (b):
(1) a brief explanation of each defect in the
noncomplying ballot; and
(2) a notice that the voter may:
(A) cancel the voter's application to vote by
mail in the manner described by Section 72.032; or
(B) correct the defect in the voter's ballot by:
(i) submitting a corrective action form
developed and made available by the secretary of state under
Subsection (e) by mail or by common or contract carrier; or
(ii) coming to the county clerk's office not
later than the sixth day after election day.
(d) If the mail ballot board determines that it would not be
possible for the voter to receive the notice of defect within a
reasonable time to correct the defect, the board may notify the
voter of the defect by telephone or e-mail and inform the voter that
the voter may request to have the voter's application to vote by
mail canceled in the manner described by Section 72.032, submit a
corrective action form developed by the secretary of state under
Subsection (e) by mail or by common or contract carrier, or come to
the county clerk's office in person not later than the sixth day
after election day to correct the defect.
(e) The secretary of state shall develop a corrective action
form that may be completed and submitted to a mail ballot board
under this section to correct a defect.
(f) If the mail ballot board takes an action described by
Subsection (b) or (d), the board must take either action described
by that subsection with respect to each ballot in the election to
which this section applies.
(g) A poll watcher is entitled to observe an action taken
under Subsection (b) or (d).
(h) The mail ballot board shall:
(1) in addition to sending the voter notice of the
defect under Subsection (b) or notifying the voter of the defect by
telephone or e-mail under Subsection (d), notify the voter of a
defect discovered under this section using the online tool
described by Section 73.015; and
(2) if possible, permit the voter to correct a defect
using the online tool described by Section 73.015.
(i) The secretary of state may prescribe any procedures
necessary to implement this section.
(j) Notwithstanding any other law, a ballot may not be
finally rejected for a reason listed in Section 92.041(b)(1), (2),
or (6) before the seventh day after election day.
Sec. 92.042. DISPOSITION OF ACCEPTED BALLOT. (a) The mail
ballot board shall open each carrier envelope containing an
accepted ballot without defacing the certificate on the carrier
envelope and remove the ballot envelope from the carrier envelope.
(b) Except as provided by Subsection (d), the board shall
place the ballot envelope containing an accepted ballot in a ballot
box containing the accepted mail ballots.
(c) The ballot box in which the mail ballot board deposits
ballot envelopes containing accepted mail ballots must have two
locks, each with a different key, and must be designed and
constructed so that the box can be sealed to detect any unauthorized
opening of the box and that the ballot envelope slot can be sealed
to prevent any unauthorized deposit in the box. The seals for the
boxes must be serially numbered for each election. The procedures
prescribed by Sections 127.064, 127.065, 127.066, and 127.068
governing the use of sealed ballot boxes in electronic voting
system elections apply to the use of sealed ballot boxes under this
title to the extent those procedures can be made applicable. The
secretary of state shall prescribe any procedures necessary to
implement the use of sealed ballot boxes for mail ballots.
(d) The ballot envelope must be placed in a separate
container if the ballots are to be counted at a central counting
station.
(e) An accepted ballot that was not returned in the official
ballot envelope shall be treated as an accepted ballot that was
returned in the ballot envelope.
Sec. 92.043. DISPOSITION OF REJECTED BALLOT. (a) The mail
ballot board shall place the carrier envelopes containing rejected
ballots in an envelope and shall seal the envelope. More than one
envelope may be used if necessary. The board shall keep a record of
the number of rejected ballots in each envelope.
(b) The envelope for the rejected ballots must indicate the
date and identity of the election and must be labeled "rejected mail
ballots" and signed by the board's presiding judge.
(c) A board member shall deliver the envelope containing the
rejected ballots to the general custodian of election records to be
preserved for the period for preserving the precinct election
records. The envelope may not be placed in the box containing the
voted ballots.
(d) A notation must be made on the carrier envelope of any
ballot that was rejected after the carrier envelope was opened and
include the reason the envelope was opened and the ballot was
rejected.
Sec. 92.0431. NOTICE OF REJECTED BALLOT. (a) Not later
than the 10th day after election day, the presiding judge of the
mail ballot board shall deliver written notice of the reason for the
rejection of a ballot to the voter at the residence address on the
ballot application. If the ballot was transmitted to the voter by
e-mail under Part 3, Subchapter A, Chapter 74, the presiding judge
shall also provide the notice to the e-mail address to which the
ballot was sent.
(b) The county clerk shall, not later than the 30th day
after election day, deliver notice to the attorney general,
including certified copies of the carrier envelope and
corresponding ballot application, of any ballot rejected because:
(1) the voter was deceased;
(2) the voter already voted in person in the same
election;
(3) the signatures on the carrier envelope and ballot
application were not executed by the same person;
(4) the carrier envelope certificate lacked a witness
signature;
(5) the carrier envelope certificate was improperly
executed by an assistant; or
(6) the mail ballot board determined that another
violation of the Election Code occurred.
(c) The attorney general shall prescribe the form and manner
of submission under Subsection (b). The secretary of state shall
adopt rules as necessary to implement the requirements prescribed
under this subsection.
Sec. 92.044. DISPOSITION OF APPLICATION. (a) The mail
ballot board shall place each application to vote by mail in its
corresponding jacket envelope. For a ballot voted under Subchapter
A or D, Chapter 74, the board shall also place the copy of the
voter's federal postcard application or signature cover sheet in
the same location as the carrier envelope. If the voter's ballot
was accepted, the board shall also place the carrier envelope in the
jacket envelope. However, if the jacket envelope is to be used in a
subsequent election, the carrier envelope shall be retained
elsewhere.
(b) A board member shall deliver the jacket envelope,
carrier envelope, and application in a container other than that
used for the voted ballots to the general custodian of election
records, to be retained for the period for preserving the precinct
election records.
SUBCHAPTER D. PROCESSING MANUALLY COUNTED BALLOTS
Sec. 92.061. AUTHORITY RESPONSIBLE FOR COUNTING BALLOTS.
The mail ballot board shall count the mail ballots that are to be
counted manually.
Sec. 92.062. COUNTING BALLOTS AND PREPARING RETURNS. (a)
On the direction of the presiding judge, the mail ballot board, in
accordance with Section 92.042(c), shall open the containers for
the mail ballots that are to be counted by the board, remove the
contents from each container, and remove any ballots enclosed in
ballot envelopes from their envelopes.
(b) The board shall count the ballots and prepare the
returns in accordance with the procedure applicable to paper
ballots cast at a precinct polling place.
Sec. 92.063. DISPOSITION OF BALLOTS AND OTHER ITEMS. (a)
Except as provided by Subsection (b), the presiding judge of the
mail ballot board shall deliver the mail ballots counted by the
board, mail ballot election returns, other mail voting election
records, and mail ballot box keys, to the appropriate authorities
in accordance with the procedures applicable to distribution of
corresponding items from a precinct polling place using paper
ballots.
(b) If part of the mail ballots are counted by automatic
tabulating equipment at a central counting station, instead of
delivering a copy of the mail ballot election returns and other mail
voting election records to the canvassing authority and to the
general custodian of election records, those records shall be
delivered to the presiding judge of the central counting station.
SUBCHAPTER E. PROCESSING BALLOTS COUNTED AT CENTRAL COUNTING
STATION
Sec. 92.101. DELIVERY OF BALLOTS TO COUNTING STATION. On
the direction of the presiding judge, the mail ballot board shall
deliver to the central counting station the container for the mail
ballots that are to be counted by automatic tabulating equipment at
a central counting station. The board shall make the delivery
without opening the container and in accordance with the procedure
applicable to electronic system ballots cast at a precinct polling
place.
Sec. 92.102. DUPLICATING PAPER BALLOTS FOR AUTOMATIC
COUNTING. (a) The authority adopting an electronic voting system
in which ballots are counted at a central counting station may
direct by resolution, order, or other official action that the mail
ballots cast in an election be duplicated as electronic system
ballots for automatic counting at the central counting station.
(b) Mail ballots that are to be duplicated under this
section shall be delivered to the central counting station as
prescribed by Section 92.101 and shall be treated in the same manner
as damaged electronic system ballots that are duplicated for
automatic counting.
Sec. 92.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)
Electronic system ballots counted at a central counting station and
other mail ballots shall be tabulated separately and shall be
separately reported on the returns.
(b) The mail ballot returns prepared at the central counting
station must include any voting results obtained by the mail ballot
board under Subchapter D.
Sec. 92.104. DISPOSITION OF MAIL BALLOT BOARD RETURNS AND
OTHER RECORDS. Mail ballot returns or other mail voting election
records to be delivered to the central counting station under
Section 92.063(b) shall be delivered to the appropriate authorities
with the counting station records.
SUBCHAPTER F. VERIFICATION AND COUNTING OF PROVISIONAL BALLOTS
Sec. 92.151. DUTY OF MAIL BALLOT BOARD. (a) The mail
ballot board shall verify and count provisional ballots as provided
by this subchapter not later than the ninth day after the date of an
election.
(b) Notwithstanding Subsection (a), for an election held on
the date of the general election for state and county officers, the
mail ballot board shall verify and count provisional ballots as
provided by this subchapter not later than the 13th day after the
date of the election.
(c) Except as provided by this subchapter, the conduct of
the board is governed by the same procedures as are provided by this
chapter.
Sec. 92.152. DUTY OF VOTER REGISTRAR. The secretary of
state shall prescribe procedures by which the voter registrar of
the county in which a provisional ballot is cast shall provide
assistance to the mail ballot board in executing its authority
under this subchapter. In an election described by Section
92.151(b), the procedures must allow for 10 calendar days for the
voter registrar to review a provisional voter's eligibility.
Sec. 92.153. DELIVERY OF PROVISIONAL BALLOTS. The
presiding judge of an election precinct shall deliver in person to
the general custodian of election records the box containing each
envelope containing a provisional ballot that was cast in the
precinct. The secretary of state shall prescribe procedures by
which the mail ballot board may have access to the provisional
ballots as necessary to implement this subchapter.
Sec. 92.154. ACCEPTING PROVISIONAL BALLOT. (a) The mail
ballot board shall examine each affidavit executed under Section
63.011 and determine whether to accept the provisional ballot of
the voter who executed the affidavit.
(b) A provisional ballot shall be accepted if the board
determines that:
(1) from the information in the affidavit or contained
in public records, the person is eligible to vote in the election
and has not previously voted in that election;
(2) the person:
(A) meets the identification requirements of
Section 63.001(b) at the time the ballot was cast or in the period
prescribed under Section 92.1541;
(B) notwithstanding Chapter 110, Civil Practice
and Remedies Code, executes an affidavit under penalty of perjury
that states the voter has a religious objection to being
photographed and the voter has consistently refused to be
photographed for any governmental purpose from the time the voter
has held this belief; or
(C) executes an affidavit under penalty of
perjury that states the voter does not have any identification
meeting the requirements of Section 63.001(b) as a result of a
natural disaster that:
(i) was declared by the president of the
United States or the governor;
(ii) occurred not earlier than 45 days
before the date the ballot was cast; and
(iii) caused the destruction of or
inability to access the voter's identification; and
(3) the voter has not been challenged and voted a
provisional ballot solely because the voter did not meet the
requirements for identification prescribed by Section 63.001(b).
(c) If a provisional ballot is accepted, the board shall
enter the voter's name on a list of voters whose provisional ballots
are accepted.
(d) If a provisional ballot is rejected, the board shall
indicate the rejection by marking "rejected" on the envelope
containing the provisional ballot.
Sec. 92.1541. PRESENTATION OF IDENTIFICATION FOR CERTAIN
PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional
voting under Section 63.011 because the voter does not meet the
identification requirements of Section 63.001(b) may, not later
than the sixth day after the date of the election:
(1) present a form of identification described by
Section 63.0101 to the voter registrar for examination; or
(2) execute an affidavit described by Section
92.154(b)(2)(B) or (C) in the presence of the voter registrar.
(b) The secretary of state shall prescribe procedures as
necessary to implement this section.
Sec. 92.155. DISPOSITION OF ACCEPTED PROVISIONAL BALLOT AND
AFFIDAVIT. (a) The mail ballot board shall open each envelope
containing an accepted provisional ballot without defacing the
affidavit located on the outside of the envelope and shall remove
the ballot.
(b) The board shall place the ballot in a ballot box
containing all the provisional ballots accepted for voting in the
election.
(c) For each accepted provisional ballot, the board shall
place the corresponding envelope on which is printed the voter's
affidavit executed under Section 63.011 in a sealed envelope and
shall deliver the envelope to the general custodian of election
records, to be retained for the period for preserving precinct
election returns.
Sec. 92.156. DISPOSITION OF REJECTED PROVISIONAL BALLOT.
(a) If the affidavit on the envelope of a rejected provisional
ballot contains the information necessary to enable the person to
register to vote under Chapter 13, the voter registrar shall make a
copy of the affidavit under procedures prescribed by the secretary
of state. The voter registrar shall treat the copy as an
application for registration under Chapter 13.
(b) The mail ballot board shall place the envelopes
containing rejected provisional ballots in an envelope and shall
seal the envelope. More than one envelope may be used if necessary.
(c) The envelope for the rejected provisional ballots must
indicate the date and identity of the election, be labeled
"rejected provisional ballots," and be signed by the board's
presiding judge.
(d) A board member shall deliver the envelope containing the
rejected provisional ballots to the general custodian of election
records to be preserved for the period for preserving the precinct
election records. The envelope may not be placed in the box
containing the accepted provisional ballots.
Sec. 92.157. PROCESSING ACCEPTED PROVISIONAL BALLOTS. (a)
The mail ballot board shall count accepted provisional ballots as
follows:
(1) for ballots to be counted manually, in the manner
provided by Subchapter D;
(2) for ballots to be counted by automatic tabulating
equipment at a central counting station, in the manner provided by
Subchapter E; and
(3) for ballots to be counted by any other means, in
the manner provided by rules adopted by the secretary of state.
(b) On counting the ballots under this section, the board
shall report the results to the local canvassing authority for the
election.
Sec. 92.158. PRESERVATION OF PROVISIONAL VOTING RECORDS
GENERALLY. The returns of provisional ballots that are accepted,
the accepted ballots, and other provisional voting records shall be
preserved after the election in the same manner as the
corresponding precinct election returns.
Sec. 92.1581. PUBLIC INSPECTION OF PROVISIONAL VOTING
RECORDS. Provisional voting records are not available for public
inspection until the first business day after the date the mail
ballot board completes the verification and counting of provisional
ballots under Section 92.151 and delivers the provisional ballots
and other provisional voting records to the general custodian of
election records.
Sec. 92.159. NOTICE TO PROVISIONAL VOTER. The secretary of
state shall prescribe procedures to implement a system to allow a
person who casts a provisional ballot under Section 63.011 to
obtain access free of charge to information on the disposition of
the person's ballot. The system:
(1) must allow the person to determine whether the
person's ballot was counted, and, if the person's ballot was not
accepted, must indicate the reason why;
(2) must provide the information only to the person
who cast the provisional ballot; and
(3) may involve the use of a toll-free telephone
number or the Internet.
Sec. 92.160. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S
LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT
AFFIDAVIT. A social security number, Texas driver's license
number, or number of a personal identification card issued by the
Department of Public Safety furnished on a provisional ballot
affidavit is confidential and does not constitute public
information for purposes of Chapter 552, Government Code. The
general custodian of election records shall ensure that a social
security number, Texas driver's license number, or number of a
personal identification card issued by the Department of Public
Safety is excluded from disclosure.
SUBCHAPTER G. MISCELLANEOUS PROVISIONS
Sec. 92.201. MAIL VOTING ROSTERS. (a) The county clerk
shall maintain for each election a roster listing each person to
whom a mail ballot is sent.
(b) For each person listed, the roster must include:
(1) the person's name, address, and voter registration
number;
(2) an identification of the person's county election
precinct of registration; and
(3) the date the ballot was mailed to the person.
(c) The roster shall be updated daily.
(d) The roster may be maintained in any form approved by the
secretary of state.
(e) The clerk shall preserve the roster after the election
for the period for preserving the precinct election records.
(f) Information on the roster for a person to whom a mail
ballot has been sent is not available for public inspection, except
to the voter seeking to verify that the information pertaining to
the voter is accurate, until the first business day after election
day.
(g) Information on the roster for a person who votes a mail
ballot shall be made available for public inspection as provided by
Subsection (h) not later than 11 a.m. on the day following the day
the county clerk receives any mail ballot.
(h) The information under Subsection (g) must be made
available:
(1) for an election in which the county clerk is the
authority performing the functions of a county clerk with regard to
voting by mail:
(A) on the publicly accessible Internet website
of the county; or
(B) if the county does not maintain a website, on
the bulletin board used for posting notice of meetings of the
commissioners court; or
(2) for an election not described by Subdivision (1):
(A) on the publicly accessible Internet website
of the authority ordering the election; or
(B) if the authority ordering the election does
not maintain a website, on the bulletin board used for posting
notice of meetings of the governing body of the authority.
(i) The county clerk for a primary election or the general
election for state and county officers shall submit to the
secretary of state for posting on the secretary of state's Internet
website the information described by Subsection (g) not later than
11 a.m. on the day following the day the county clerk receives any
mail ballot.
(j) The county clerk for a primary election or the general
election for state and county officers shall submit to the
secretary of state for posting on the secretary of state's Internet
website the election day information described by Subsection (g)
not later than 11 a.m. on the day after the election.
(k) The county clerk for a primary election or the general
election for state and county officers shall submit to the
secretary of state for posting on the secretary of state's Internet
website the final roster containing information described by
Subsection (g) not later than the 20th day after the date of the
local canvass.
(l) The secretary of state shall post the information
described by Subsection (i) on the secretary of state's Internet
website in a downloadable format not later than 11 a.m. on the day
following the day of receipt of the information.
(m) The secretary of state shall create a system for a
county clerk for a primary election or the general election for
state and county officers to provide the information to the
secretary of state for posting on the secretary of state's Internet
website under Subsection (i).
(n) A person registered to vote in the county where the
county clerk is conducting mail voting may submit a complaint to the
secretary of state stating that a county clerk has not complied with
this section.
(o) The secretary of state by rule shall create and maintain
a system for receiving and recording complaints made under this
section.
(p) The secretary of state shall maintain a record
indicating county clerks who have failed to comply with the
requirements of this section.
Sec. 92.202. PRECINCT MAIL VOTING LIST. (a) For each
election precinct in the territory served by the county clerk, the
clerk shall prepare a list containing the name, address, and voter
registration number of each person registered in the precinct to
whom a mail ballot is sent.
(b) If an election precinct is situated in more than one
county election precinct, the list must indicate each voter's
county election precinct of residence.
(c) The clerk shall enter "mail voter" beside the name of
each person on the precinct list of registered voters whose name
appears on the list of mail voters and shall deliver the precinct
list to the presiding judge of the election precinct not later than
the day before election day.
(d) The clerk shall preserve a copy of each precinct mail
voting list prepared for the general election for state and county
officers for two years after election day.
Sec. 92.2021. DISPOSITION OF BALLOT TRANSMITTAL FORM. (a)
The presiding judge of the mail ballot board shall enter on the
ballot transmittal form the following information:
(1) the number of mail ballots received;
(2) the number of mail ballots accepted;
(3) the number of mail ballots rejected; and
(4) the number of mail ballots counted or delivered to
the central counting station, as applicable.
(b) A board member shall deliver the transmittal form to the
general custodian of election records to be preserved for the
period for preserving the precinct election records.
Sec. 92.203. DELIVERING OTHER RECORDS AND SUPPLIES. Not
later than the second day after election day, the county clerk shall
deliver the mail voting records and supplies, other than those
required to be delivered to the mail ballot board, to the authority
to whom the corresponding precinct election records are delivered
after the election.
Sec. 92.2031. MAIL VOTES REPORTED BY PRECINCT. Not later
than the time of the local canvass, the county clerk shall deliver
to the local canvassing authority a report of the total number of
mail votes for each candidate or measure by election precinct.
Sec. 92.204. PRESERVATION OF MAIL VOTING ELECTION RECORDS
GENERALLY. The mail voting election returns, voted mail ballots,
and other mail voting election records shall be preserved after the
election in the same manner as the corresponding precinct election
records.
Sec. 92.205. COUNTING OF CERTAIN BALLOTS VOTED LATE BY
MAIL. (a) The mail ballot board shall convene to count mail
ballots described by Section 73.007(d) at the time set by the
presiding judge of the board on the ninth day after the date of an
election or on an earlier day if the county clerk certifies that all
ballots mailed from outside the United States have been received.
(b) Notwithstanding Subsection (a), for an election held on
the date of the general election for state and county officers, the
mail ballot board shall convene to count mail ballots described by
Sections 73.007(d) and (e) not later than the 13th day after the
date of the election.
(c) On counting the ballots under Subsection (a), the mail
ballot board shall report the results to the local canvassing
authority for the election.
(d) If the date prescribed by Subsection (a) for convening
the mail ballot board is a Saturday, Sunday, or legal state or
national holiday, the mail ballot board shall convene on the next
regular business day.
Sec. 92.206. ELECTRONIC RECORDING OF BALLOT MATERIALS AND
APPLICATIONS. (a) The county clerk may electronically record
applications to vote by mail, jacket envelopes, carrier envelopes,
and ballots.
(b) Electronic records made under this section shall record
both sides of any application, envelope, or ballot recorded, and
all such records shall be provided to the mail ballot board.
(c) The secretary of state may adopt rules providing
requirements for the electronic image quality and storage of the
electronic images of the documents described by Subsection (a).
Sec. 92.207. RESOLUTION OF INCORRECT DETERMINATION BY MAIL
BALLOT BOARD. (a) If a county election officer, as defined by
Section 31.091, determines a ballot was incorrectly rejected or
accepted by the mail ballot board before the time set for convening
the canvassing authority, the county election officer may petition
a district court for injunctive or other relief as the court
determines appropriate.
(b) In an election ordered by the governor or by a county
judge, the county election officer must confer with and establish
the agreement of the county chair of each political party before
petitioning the district court.
Sec. 92.208. NOTES. (a) Each member of a mail ballot board
is entitled to take any notes reasonably necessary to perform the
member's duties under this chapter.
(b) Notes taken under this section may not contain
personally identifiable information.
(c) Each member who takes notes under this section shall
sign the notes and deliver them to the presiding judge or committee
chair, as applicable, for delivery to the custodian of election
records.
(d) Notes collected under this section shall be preserved in
the same manner as precinct election records under Section 93.058.
CHAPTER 93. DISPOSITION OF RECORDS AND SUPPLIES AFTER ELECTION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 93.001. GENERAL CUSTODIAN OF ELECTION RECORDS. The
general custodian of election records is:
(1) the county clerk of each county wholly or partly
situated in the territory covered by the election, for an election
ordered by the governor or by a county authority or for a primary
election;
(2) the city secretary, for an election ordered by a
city authority; and
(3) the secretary of the political subdivision's
governing body or, if the governing body has no secretary, the
governing body's presiding officer, for an election ordered by an
authority of a political subdivision other than a county or city.
Sec. 93.002. PRECINCT ELECTION RECORDS. In this chapter,
"precinct election records" means the precinct election returns,
voted ballots, and other records of an election that are assembled
and distributed under this chapter.
Sec. 93.0021. ELECTION DAY VOTE TOTAL FOR CERTAIN
ELECTIONS. (a) This section applies only to a primary election or
the general election for state and county officers.
(b) The general custodian of election records for a primary
election or the general election for state and county officers
shall maintain a list that states the total number of votes cast in
person in each precinct on election day that is available for public
inspection not later than the day after election day.
(c) Each vote total shall be maintained in a downloadable
format approved by the secretary of state and posted on the Internet
website of the secretary of state.
(d) The secretary of state shall create a system for a
county clerk for a primary election or the general election for
state and county officers to provide the information to the
secretary of state for posting on the secretary of state's Internet
website under Subsection (c).
Sec. 93.003. ENVELOPES FOR DISTRIBUTION OF RECORDS. (a)
Four envelopes shall be furnished to each polling place for use in
assembling and distributing the precinct election records.
(b) The envelopes shall be labeled and addressed as follows:
(1) "Envelope No. 1," addressed to the presiding
officer of the local canvassing authority;
(2) "Envelope No. 2," addressed to the general
custodian of election records;
(3) "Envelope No. 3," addressed to the presiding
judge; and
(4) "Envelope No. 4," addressed to the voter
registrar.
Sec. 93.004. POLLING PLACE CHECKLISTS. The secretary of
state shall adopt rules and create a checklist or similar
guidelines to assist the presiding judge of a polling place in
processing forms and conducting procedures required by this code at
the opening and closing of the polling place.
SUBCHAPTER B. ASSEMBLING RECORDS FOR DISTRIBUTION
Sec. 93.021. ASSEMBLING ELECTION RECORDS. (a) On
completing the election returns for the precinct, the presiding
judge shall assemble the precinct election records and place them
in the appropriate envelopes and ballot boxes for distribution.
(b) The judge shall seal envelopes no. 1, no. 2, and no. 4
and lock ballot boxes no. 3 and no. 4 as soon as they are ready for
distribution.
Sec. 93.022. CONTENTS OF ENVELOPE NO. 1. Envelope no. 1
must contain:
(1) the original of the election returns for the
precinct; and
(2) a tally list.
Sec. 93.023. CONTENTS OF ENVELOPE NO. 2. Envelope no. 2
must contain:
(1) a copy of the precinct returns;
(2) a tally list;
(3) the original of the poll list;
(4) the signature roster;
(5) the precinct mail voting list;
(6) any affidavits completed at the polling place
except affidavits required to be placed in envelope no. 4; and
(7) any certificates of appointment of watchers.
Sec. 93.024. CONTENTS OF ENVELOPE NO. 3. Envelope no. 3
must contain:
(1) a copy of the precinct returns;
(2) a copy of the poll list; and
(3) a copy of the ballot register.
Sec. 93.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
must contain:
(1) the precinct list of registered voters;
(2) the registration correction list;
(3) any statements of residence executed under Section
63.0011; and
(4) any affidavits executed under Section 63.006 or
63.011.
Sec. 93.025. CONTENTS OF BALLOT BOX NO. 3. (a) Ballot box
no. 3 must contain:
(1) the voted ballots;
(2) a copy of the precinct returns;
(3) a tally list; and
(4) a copy of the poll list.
(b) The copy of the poll list may be placed in a container
other than ballot box no. 3 on approval by the secretary of state if
the secretary determines that placement in the other container is
more suitable for a particular election.
Sec. 93.026. CONTENTS OF BALLOT BOX NO. 4. Ballot box no. 4
must contain:
(1) the original of the ballot register;
(2) the register of spoiled ballots;
(3) any spoiled ballots;
(4) any mail ballot returned at the polling place;
(5) any defectively printed ballots;
(6) any envelope containing cancellation requests and
canceled ballots; and
(7) any other unused ballots.
SUBCHAPTER C. DISPOSITION OF RECORDS AND SUPPLIES
Sec. 93.051. DISTRIBUTION OF ELECTION RECORDS. (a) The
presiding judge shall deliver envelope no. 1 in person to the
presiding officer of the local canvassing authority. If the
presiding officer of the local canvassing authority is unavailable,
the envelope shall be delivered to the general custodian of
election records who shall then deliver it to the local canvassing
authority before the time set for convening the local canvass.
(b) The presiding judge shall deliver envelope no. 2, ballot
box no. 3, and ballot box no. 4 and its key in person to the general
custodian of election records.
(c) The presiding judge shall retain envelope no. 3.
(d) The presiding judge shall deliver envelope no. 4 in
person to the voter registrar. If the voter registrar is
unavailable, the envelope shall be delivered to the general
custodian of election records, who shall deliver it to the voter
registrar on the next regular business day.
Sec. 93.052. DELIVERY BY ELECTION CLERK. A delivery of
election records or supplies that is to be performed by the
presiding judge may be performed by an election clerk designated by
the presiding judge.
Sec. 93.053. TIME FOR DELIVERING ELECTION RECORDS. (a) The
precinct election records shall be delivered to the appropriate
authorities immediately after the precinct returns are completed.
(b) If the presiding judge determines that the ballots will
not be counted in time to allow delivery of the precinct election
records by 2 a.m. of the day after election day, the presiding
judge, between midnight of election day and 1 a.m. of the following
day, shall notify the general custodian of election records by
telephone of:
(1) the total number of voters who voted at the polling
place during the voting period and on election day, as indicated by
the poll list;
(2) the vote totals tallied for each candidate and for
and against each measure at the time of notification; and
(3) the expected time of finishing the count.
(c) The precinct election records shall be delivered not
later than 24 hours after the polls close in each election.
Sec. 93.054. FAILURE TO DELIVER ELECTION RETURNS AND VOTED
BALLOTS. (a) An election officer responsible for delivering
precinct election returns or voted ballots commits an offense if
the officer:
(1) fails to make the delivery to the appropriate
authority;
(2) fails to make the delivery by the deadline
prescribed by Section 93.053(c); or
(3) fails to prevent another person from handling in
an unauthorized manner the returns or voted ballots that the
officer is responsible for delivering while they are in the
officer's custody.
(b) If the officer is an election clerk, it is an exception
to the application of Subsection (a)(2) that the election clerk did
not receive the returns from the presiding judge in time to permit a
timely delivery.
(c) An offense under this section is a Class B misdemeanor.
Sec. 93.055. JUDICIAL IMPOUNDMENT OF ELECTION RECORDS. (a)
If the precinct election records are not delivered by the deadline
prescribed by Section 93.053(c), on application by a member of the
canvassing authority, a district judge shall order the precinct
election records to be impounded.
(b) The district judge shall supervise the activities
necessary to complete the count, prepare the precinct returns, and
distribute the records.
Sec. 93.056. UNOFFICIAL TABULATION OF PRECINCT RESULTS.
(a) As the general custodian of election records receives the
precinct election records from each polling place, the custodian
shall:
(1) open the envelopes and remove the precinct
election returns; and
(2) prepare a tabulation stating for each candidate
and for and against each measure:
(A) the total number of votes received in each
precinct; and
(B) the sum of the precinct totals tabulated
under Paragraph (A).
(b) The custodian shall periodically make a public
announcement of the current state of the tabulation made under
Subsection (a).
(c) The tabulation made under Subsection (a) is unofficial
and does not affect the outcome of the election.
(d) The custodian shall preserve the unofficial tabulation
for the period for preserving the precinct election records.
Sec. 93.057. REGULATING PUBLIC INSPECTION OF CERTAIN
ELECTION RECORDS. (a) The election returns for a particular
precinct that are delivered to the general custodian of election
records do not become public information until the custodian
completes the unofficial tabulation of the results for that
precinct.
(b) The general custodian of election records or the
custodian's designee shall be present at all times when the records
delivered in ballot box no. 4 are inspected.
(c) The election records in envelope no. 3 become public
information when delivery of the precinct election records is
completed.
Sec. 93.058. PRESERVATION OF PRECINCT ELECTION RECORDS.
(a) Except as otherwise provided by this code, the precinct
election records shall be preserved by the authority to whom they
are distributed for at least 22 months after election day.
(b) For a period of at least 60 days after the date of the
election, the voted ballots shall be preserved securely in a locked
room in the locked ballot box in which they are delivered to the
general custodian of election records. On the 61st day after
election day, the general custodian of election records may:
(1) require a person who has possession of a key that
operates the lock on a ballot box containing voted ballots to return
the key to the custodian; and
(2) unlock the ballot box and transfer the voted
ballots to another secure container for the remainder of the
preservation period.
(c) Except as permitted by this code, a ballot box or other
secure container containing voted ballots may not be opened during
the preservation period.
(d) If during the preservation period an authorized entry is
made into a ballot box or other secure container containing voted
ballots, when the purpose for the entry is fulfilled, the box or
container shall be relocked or resecured, and the box and key or
secure container returned to the custodian.
(e) A custodian of a ballot box or secure container
containing voted ballots commits an offense if, during the
preservation period prescribed by Subsection (a), the custodian:
(1) makes an unauthorized entry into the box or
container; or
(2) fails to prevent another person from handling the
box or container in an unauthorized manner or from making an
unauthorized entry into the box or container.
(f) An offense under Subsection (e) is a Class A
misdemeanor.
(g) The records in ballot box no. 4 may be preserved in that
box or by any other method chosen by the custodian. If the records
are removed from the box, they may not be commingled with any other
election records kept by the custodian.
(h) Electronic records created under Chapter 129 shall be
preserved in a secure container.
(i) For the preservation of precinct election records in an
election involving a federal office, the secretary of state shall
instruct the affected authorities on the actions necessary to
comply with federal law and otherwise implement this section.
Sec. 93.059. RETRIEVING ERRONEOUSLY PLACED ELECTION
RECORDS. (a) On written application by the presiding officer of
the local canvassing authority or the presiding judge of the
election precinct, a district judge of the county in which a ballot
box containing voted ballots is in custody may order the box opened
to retrieve an election record that was erroneously placed in the
box.
(b) If the political subdivision holding the election is not
a county or is a county that does not maintain an Internet website,
the district judge shall post a notice of the date, hour, and place
for opening the box on the bulletin board used for posting notices
of the meetings of the governing body of the political subdivision
served by the general custodian of election records. The notice
must remain posted continuously for the 24 hours immediately
preceding the hour set for opening the box.
(c) If the political subdivision holding the election is a
county that maintains an Internet website, the district judge shall
post a notice of the date, hour, and place for opening the box on the
county's Internet website. The notice must remain posted
continuously for the 24 hours preceding the hour set for opening the
box.
(d) Any interested person may observe the opening of the
box.
(e) The district judge shall issue the orders necessary to
safeguard the contents of a ballot box opened under this section.
Sec. 93.060. DELIVERY AND PRESERVATION OF KEY TO BALLOT BOX
NO. 3. (a) The presiding judge shall deliver the key to ballot box
no. 3 in person to the following authority:
(1) the sheriff, for an election ordered by the
governor or a county authority or for a primary election, except
that in a year in which the office of sheriff is regularly on the
ballot the presiding judge shall deliver the key to the county
judge, and if both those offices are on the same ballot because of
the filling of an unexpired term the key shall be delivered to the
county auditor or to a designated member of the commissioners court
who is not on the ballot and who is appointed by the court if the
county does not have a county auditor;
(2) the chief of police or city marshal, for an
election ordered by a city authority; or
(3) the constable of the justice precinct in which the
office of the political subdivision's governing body is located, or
if the office of constable is vacant, the sheriff of the county in
which the governing body's office is located, for an election
ordered by an authority of a political subdivision other than a
county or city.
(b) The ballot box key shall be delivered at the same time as
the precinct election records.
(c) The custodian of the key to ballot box no. 3 shall keep
the key for the period for preserving the precinct election records
except for the time the key is temporarily out of the custodian's
custody in accordance with this code.
(d) A person commits an offense if the person is the
custodian of the key to a ballot box containing voted ballots and,
during the period for keeping the key, the person knowingly
relinquishes custody of the key except as permitted by law. An
offense under this subsection is a Class B misdemeanor.
(e) After the period for keeping a key to ballot box no. 3
expires, the key's custodian shall return the key to the custodian
of the ballot box.
Sec. 93.061. CUSTODY OF LIST OF REGISTERED VOTERS TO BE
REUSED IN SUBSEQUENT ELECTION. The custodian of a precinct list of
registered voters that is to be reused in a subsequent election
occurring during the preservation period shall return the list to
the authority responsible for delivering the election supplies not
earlier than the fourth day before the date it is needed for the
subsequent election.
Sec. 93.062. RETURNING EQUIPMENT AND SUPPLIES. (a) At the
same time the precinct election records are delivered, the unused
election supplies shall be delivered to the authority responsible
for distributing the election supplies.
(b) The presiding judge shall follow the directions of the
authority responsible for distributing the election supplies
regarding the storage or return after the election of ballot boxes
no. 1 and no. 2, the keys to those boxes, voting booths, and other
election equipment.
CHAPTER 94. CANVASSING ELECTIONS
Sec. 94.001. APPLICABILITY OF CHAPTER. This chapter
applies to each general or special election conducted in this
state.
Sec. 94.002. CANVASS OF PRECINCT RETURNS. (a) Except as
otherwise provided by law, the precinct election returns for each
election shall be canvassed by the following authority:
(1) for an election ordered by the governor or by a
county authority, the commissioners court of each county in which
the election is held; and
(2) for an election ordered by an authority of a
political subdivision other than a county, the political
subdivision's governing body.
(b) The canvass of precinct returns shall be conducted in
accordance with this chapter except as otherwise provided by this
code.
Sec. 94.003. TIME FOR LOCAL CANVASS. (a) Except as
provided by Subsection (b), each local canvassing authority shall
convene to conduct the local canvass at the time set by the
canvassing authority's presiding officer not later than the 11th
day after election day and not earlier than the later of:
(1) the third day after election day;
(2) the date on which the mail ballot board has
verified and counted all provisional ballots, if a provisional
ballot has been cast in the election; or
(3) the date on which all timely received ballots cast
from addresses outside of the United States are counted, if a mail
ballot in the election was provided to a person outside of the
United States.
(b) In an election described by Section 92.151(b), the time
for the local canvass may be set not later than the 14th day after
election day.
Sec. 94.004. PROCEDURE FOR LOCAL CANVASS. (a) At the time
set for convening the canvassing authority for the local canvass,
the presiding officer of the canvassing authority shall deliver the
sealed precinct returns to the authority. The authority shall open
the returns for each precinct and canvass them as provided by this
section. Two members of the authority constitute a quorum for
purposes of canvassing an election.
(b) The canvassing authority shall prepare a tabulation
stating for each candidate and for and against each measure:
(1) the total number of votes received in each
precinct; and
(2) the sum of the precinct totals tabulated under
Subdivision (1).
(c) The tabulation in Subsection (b) must also include for
each precinct the total number of voters who cast a ballot for a
candidate or for or against a measure in the election. The
secretary of state shall prescribe any procedures necessary to
implement this subsection.
(d) The canvassing authority may prepare the tabulation as a
separate document or may enter the tabulation directly in the local
election register maintained for the authority. The authority
shall attach or include as part of the tabulation the report of mail
voting votes by precinct received under Section 92.2031.
(e) The canvassing authority may compare the precinct
returns with the corresponding tally list. If a discrepancy is
discovered between the vote totals shown on the returns and those
shown on the tally list for a precinct, the presiding judge of the
precinct shall examine the returns and tally list and make the
necessary corrections on the returns.
(f) On completion of the canvass, the presiding officer of
the canvassing authority shall deliver the tabulation to the
custodian of the local election register unless it is entered
directly in the election register. The custodian shall preserve
the tabulation for the period for preserving the precinct election
records.
(g) On completion of the canvass, the presiding officer of
the canvassing authority shall deliver the precinct returns, tally
lists, and mail voting precinct report used in the canvass to the
general custodian of election records. The custodian shall
preserve them for the period for preserving the precinct election
records.
(h) The presiding officer of the canvassing authority shall
note the completion of the canvass in the minutes or in the
recording required by Section 551.021, Government Code.
Sec. 94.005. DETERMINING OFFICIAL RESULT OF ELECTION NOT
CANVASSED AT STATE LEVEL. (a) Except as provided by Subsection
(b), the official result of an election that is not canvassed at the
state level is determined from the canvass of the precinct returns
conducted by the local canvassing authority.
(b) In an election in which there is more than one local
canvassing authority but no canvass at the state level, the
official result is determined in the manner prescribed by the law
providing for the election.
Sec. 94.006. LOCAL ELECTION REGISTER. (a) An election
register shall be maintained for each local canvassing authority.
(b) For each election, the election register must contain in
tabulated form the information required to appear in the tabulation
of precinct results prepared by the local canvassing authority.
(c) The general custodian of election records for the
elections canvassed by a local canvassing authority is the
custodian of the authority's election register.
(d) On receipt of the local canvassing authority's
tabulation of votes, the custodian shall make the appropriate
entries in the election register.
(e) The election register shall be preserved as a permanent
record.
Sec. 94.007. COUNTY ELECTION RETURNS. (a) For each
election for a statewide, district, county, or precinct office, a
statewide measure, or president and vice-president of the United
States, the county clerk of each county in the territory covered by
the election shall prepare county election returns.
(b) The county election returns shall state, for each
candidate and for and against each measure, the total number of
votes received in the county as stated by the local canvassing
authority's tabulation of votes.
(c) The county clerk shall certify the county returns.
(d) Not later than 24 hours after completion of the local
canvass, the county clerk shall deliver to the secretary of state,
in the manner directed by the secretary, the county returns.
(e) The county clerk shall retain a copy of the county
returns for the period for preserving the precinct election
records.
Sec. 94.008. SEPARATE COUNTY RETURNS FOR GOVERNOR AND
LIEUTENANT GOVERNOR. (a) In addition to the returns required by
Section 94.007, each county clerk shall prepare separate county
election returns of an election for the office of governor or
lieutenant governor that contain the same information as the
returns for those offices prepared under Section 94.007.
(b) The returns shall be delivered to the secretary of state
as provided by Section 94.007.
(c) The secretary of state shall retain the returns until
the first day of the next regular legislative session, when the
secretary shall deliver the returns to the speaker of the house of
representatives.
(d) The county clerk shall retain a copy of the county
returns for the offices of governor and lieutenant governor for the
period for preserving the precinct election records.
Sec. 94.009. FORMS AND INSTRUCTIONS FOR COUNTY RETURNS.
(a) Before each election for which county election returns are
required, the secretary of state shall deliver to each county clerk
in the territory covered by the election two copies of the
officially prescribed form for reporting county election returns.
The secretary shall also deliver two copies of the official form for
the separate returns for the offices of governor and lieutenant
governor, if applicable.
(b) With the delivery of the official county returns forms,
the secretary of state shall deliver written instructions on the
preparation and delivery of the county election returns.
Sec. 94.010. COUNTY RETURNS CANVASSED BY GOVERNOR. (a) The
county election returns for an election for a statewide office
other than governor or lieutenant governor, a statewide measure, a
district office, or president and vice-president of the United
States shall be canvassed by the governor.
(b) When this code refers to the presiding officer of the
final canvassing authority, the secretary of state is considered to
be the presiding officer when the final canvassing authority is the
governor.
(c) The canvass of county returns shall be conducted in
accordance with this chapter except as otherwise provided by this
code.
(d) The presiding officer may make a clerical correction to
the officially canvassed returns based on any authorized amended
county canvass filed with the presiding officer.
Sec. 94.011. COUNTY RETURNS CANVASSED BY LEGISLATURE. (a)
The county election returns for an election for the office of
governor or lieutenant governor shall be canvassed by the
legislature and the official result declared by the speaker of the
house of representatives in accordance with Section 3, Article IV,
Texas Constitution.
(b) If a county's election returns are incomplete or
missing, the legislature may substitute the secretary of state's
tabulation for that county or may obtain the necessary information
from the county. On request of the legislature, the secretary of
state or the county shall promptly transmit the information to the
legislature by the most expeditious means available.
(c) On completion of the canvass, the speaker of the house
of representatives shall deliver the county returns to the
secretary of state, who shall retain them for the period for
preserving the precinct election records.
Sec. 94.012. TIME FOR CANVASS BY GOVERNOR. (a) The
governor shall conduct the state canvass at the time set by the
secretary of state:
(1) not earlier than the 15th or later than the 30th
day after election day; or
(2) for an election described by Section 92.151(b),
not earlier than the 18th or later than the 33rd day after election
day.
(b) The secretary of state shall post, on the secretary of
state's Internet website, a notice of the date, hour, and place of
the canvass at least 72 hours before the canvass is conducted.
Sec. 94.013. PROCEDURE FOR CANVASS BY GOVERNOR. (a) At the
time set for the state canvass, the secretary of state shall deliver
the county returns to the governor.
(b) The secretary of state shall prepare a tabulation
stating for each candidate and for and against each measure
required to be canvassed by the governor:
(1) the total number of votes received in each county;
and
(2) the sum of the county totals tabulated under
Subdivision (1).
(c) At the canvass of an election in which the office of
governor or lieutenant governor is voted on, the secretary of state
shall prepare a separate tabulation on the candidates for governor
and lieutenant governor, indicating for each candidate the
information required by Subsection (b).
(d) The governor shall certify the tabulations.
(e) The secretary of state shall retain the county election
returns used in the canvass and the tabulations for the period for
preserving the precinct election records.
Sec. 94.014. DETERMINING OFFICIAL RESULT OF ELECTION
CANVASSED AT STATE LEVEL. The official result of an election
canvassed by the governor or by the legislature is determined from
the canvass of the county returns conducted by that authority.
Sec. 94.015. STATE ELECTION REGISTER. (a) An election
register shall be maintained for the governor.
(b) Except as provided by Subsection (e), for each election
the election register shall contain in tabulated form the
information required to appear in the tabulations of the county
results prepared by the secretary of state.
(c) The secretary of state is the custodian of the election
register for the governor.
(d) After each canvass conducted by the governor, the
secretary of state shall make the appropriate entries in the
election register.
(e) If a discrepancy exists between the legislature's
canvass of the election for governor or lieutenant governor and the
register entries pertaining to either of those offices that are
made from the secretary of state's tabulation, the secretary shall
make the entries in the register necessary to make it correspond to
the legislature's canvass.
(f) The election register shall be preserved as a permanent
record of the state.
Sec. 94.016. CERTIFICATE OF ELECTION. (a) After the
completion of a canvass, the presiding officer of the local
canvassing authority shall prepare a certificate of election for
each candidate who is elected to an office for which the official
result is determined by that authority's canvass.
(b) The governor shall prepare a certificate of election for
each candidate who is elected to an office for which the official
result is determined by the canvass conducted by the governor.
(c) A certificate of election must contain:
(1) the candidate's name;
(2) the office to which the candidate is elected;
(3) a statement of election to an unexpired term, if
applicable;
(4) the date of the election;
(5) the signature of the officer preparing the
certificate; and
(6) any seal used by the officer preparing the
certificate to authenticate documents that the officer executes or
certifies.
(d) After the canvass of a presidential election, the
secretary of state shall prepare a certificate of election for each
presidential elector candidate who is elected.
(e) The authority preparing a certificate of election shall
promptly deliver it to the person for whom it is prepared, subject
to Section 212.0331.
(f) A certificate of election may not be issued to a person
who has been declared ineligible to be elected to the office.
(g) This section does not apply to the offices of governor
and lieutenant governor.
Sec. 94.017. REPORTING PRECINCT RESULTS TO SECRETARY OF
STATE. (a) After each election for a statewide office or the
office of United States representative, state senator, or state
representative, a district office, a county office, or a precinct
office, the county clerk shall prepare a report of the number of
votes, including votes cast by mail and votes cast during the voting
period, received in each county election precinct for each
candidate for each of those offices. In a presidential election
year, the report must include the number of votes received in each
precinct for each set of candidates for president and
vice-president of the United States.
(b) The county clerk shall deliver the report to the
secretary of state not later than the 30th day after election day in
an electronic format prescribed by the secretary of state.
(c) The report may be:
(1) an electronic copy of the precinct returns;
(2) an electronic copy of the tabulation prepared by
the local canvassing authority; or
(3) in any other electronic form approved by the
secretary of state.
(d) The secretary of state shall preserve a report received
under this section for 10 years unless the secretary prepares a
written tabulation of the information contained in the report
received. In that case, the secretary shall preserve the original
report for 2 years and the tabulation for 10 years after receipt of
the original report.
(e) After the applicable preservation period prescribed by
Subsection (d) expires, the secretary of state shall transfer the
report or tabulation to the state library.
CHAPTER 95. CONDUCT OF TABULATION
SUBCHAPTER A. CONDUCT OF TABULATION
Sec. 95.001. DUTY TO TABULATE GENERALLY. (a) The secretary
of state shall tabulate the unofficial results as provided by this
subchapter in each primary election and general election for state
and county officers on each proposed amendment to the state
constitution and for each contested race for nomination or election
to:
(1) a federal office or statewide office of the state
government;
(2) the office of state senator;
(3) the office of state representative; and
(4) the office of member, State Board of Education.
(b) The secretary may tabulate the unofficial results for
other contested races, political party referenda, and any special
elections ordered by the governor.
Sec. 95.002. ACCESS TO TABULATION SYSTEM. (a) During the
tabulation, the secretary of state shall provide a sufficient
number of display terminals for representatives of the news media
to monitor the tabulation. The secretary shall provide direct
lines between computers for use by the media, if practicable.
(b) The secretary shall charge reasonable fees, which shall
approximate actual costs, to defray the costs of providing the news
media access to the tabulation system.
Sec. 95.003. DISPLAY TERMINALS FOR CERTAIN STATE OFFICERS.
(a) For monitoring the tabulations, the secretary of state shall
provide display terminals without charge to the governor,
lieutenant governor, and speaker of the house of representatives in
their Capitol offices. The secretary shall also provide printers
at those locations if printers are made available at any location.
(b) The officers who are provided terminals or printers
under this section may not provide access to data from those
terminals or printers to members of the working news media.
Sec. 95.004. PERIODIC REPORTS DURING TABULATION. (a)
Periodically during the tabulation, the secretary of state shall
publish reports covering the races being tabulated.
(b) The periodic reports may include:
(1) vote totals for all contested races being
tabulated;
(2) vote totals by county for federal offices and
statewide offices of the state government;
(3) vote totals for federal offices and statewide
offices of the state government in each of the 6 most populous
counties, the total for the next 19 most populous counties, and the
total for the remaining 229 counties; and
(4) any other information the secretary of state
determines to be relevant.
(c) The secretary shall distribute the periodic reports on
publication to the participating news media.
Sec. 95.005. FINAL REPORTS OF TABULATION. (a) After
completion of the tabulation, the secretary of state shall publish
a final report covering the races being tabulated.
(b) The final report may include:
(1) the information described by Section 95.004(b);
(2) vote totals by county for all races being
tabulated; and
(3) vote totals for federal offices and statewide
offices of the state government in a minimum of eight regions
designated by the secretary on the basis of the geographic scope of
the electronic media markets.
(c) The secretary shall distribute a copy of the final
report on publication to the participating news media, governor,
lieutenant governor, speaker of the house of representatives, and
members of the elections advisory committee. A copy of the report
shall also be furnished to other persons on payment of a reasonable
fee prescribed by the secretary to defray the costs of preparing and
furnishing the copy.
Sec. 95.006. REPORT OF RECEIPT OF COUNTY RESULTS. The
secretary of state shall publish a report indicating the times the
first and last reports of results from each county were received by
the secretary.
Sec. 95.007. POSTING REPORTS FOR PUBLIC INSPECTION. (a)
The secretary of state shall post for public inspection, on
publication, one copy of each report published under Section
95.004.
(b) The secretary of state may post for public inspection
any of the reports prepared under this subchapter.
Sec. 95.008. BACKUP SYSTEM. The secretary of state shall
provide a backup system for the tabulation of the results.
Sec. 95.009. OPERATIONS MANUAL. Not later than the 90th day
before the date of each election covered by this subchapter, the
secretary of state shall prepare an operations manual that explains
the procedures to be used by the secretary in tabulating the
results.
Sec. 95.010. DISPOSITION OF FUNDS. Funds collected under
this chapter may be appropriated only to the secretary of state for
the administration of this chapter.
Sec. 95.011. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY
OF STATE. The secretary of state shall prescribe any additional
procedures necessary to implement the tabulation of unofficial
results.
SUBCHAPTER B. DUTIES OF LOCAL ELECTION OFFICIALS FOR CERTAIN RACES
Sec. 95.031. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to each election covered by Subchapter A in addition to and
notwithstanding other provisions of this code.
Sec. 95.032. DELIVERY OF RETURNS AND VOTED BALLOTS. (a) In
precincts using paper ballots, voting machines, or electronic
voting system ballot counters, the copy of the returns required to
be delivered to the county clerk shall be delivered not later than
two hours, or as soon thereafter as practicable, after the closing
of the polls or after the last person voted, whichever is later.
(b) In a precinct using electronic voting system ballots to
be counted at a central counting station, the ballots shall be
delivered to the station not later than two hours, or as soon
thereafter as practicable, after the closing of the polls or after
the last person voted, whichever is later. The copy of the returns
required to be delivered to the county clerk shall be delivered by
the presiding judge of the counting station immediately on
completion of the returns.
Sec. 95.033. COUNTING OF MAIL BALLOTS. The mail ballot
board shall count the mail ballots periodically throughout the day.
Sec. 95.034. TRANSMISSION OF RESULTS TO SECRETARY OF STATE.
(a) The county clerk shall transmit periodically, by telephone or
other electronic means, to the secretary of state the results for
the races being tabulated by the secretary. The results shall be
transmitted continuously until complete.
(b) The county clerk shall transmit the complete or partial
results of the voting by mail and in person for the appropriate
races at 7 p.m. on election day. If only partial results are
available, the results shall be transmitted periodically until
complete.
(c) Costs of transmission of the results may be paid by the
state.
SUBCHAPTER C. ELECTIONS ADVISORY COMMITTEE
Sec. 95.051. MEMBERSHIP. (a) Not later than January 1 of
each even-numbered year, the lieutenant governor, speaker of the
house of representatives, and secretary of state shall each appoint
six persons to serve on an elections advisory committee in
connection with the tabulation and reporting of election results
under this chapter.
(b) Each member of the committee serves a two-year term
beginning on January 1 of even-numbered years.
(c) Appointments to the committee shall be made without
regard to race, creed, sex, religion, and national origin.
(d) Instead of making one of the required appointments, each
appointing officer or the officer's designee may serve on the
committee.
(e) Each appointing officer shall allocate at least four of
the officer's appointments among members of the various media
organizations covering elections in this state.
(f) The following persons or their designees shall also
serve on the committee:
(1) the president of the Texas Association of
Broadcasters;
(2) the president of the Texas Press Association;
(3) the president of the Texas Daily Newspaper
Association; and
(4) the chief state executive officers of the
Associated Press and United Press International.
Sec. 95.052. CHAIR AND MEETINGS. (a) The secretary of
state shall designate a chair and vice chair of the committee from
among the media organization membership.
(b) Meetings of the committee shall be held at the call of
the chair.
Sec. 95.053. REVIEW OF OPERATIONS MANUAL. The committee
shall review the operations manual prepared under Section 95.009
and make any recommendations it considers appropriate.
Sec. 95.054. MEMBERS PRESENT DURING TABULATION. One or
more members chosen by the committee shall be present during the
tabulation of the results at each election.
Sec. 95.055. EVALUATION AND RECOMMENDATIONS REGARDING
TABULATION. The committee shall submit a written report after each
election to the secretary of state, governor, lieutenant governor,
and speaker of the house of representatives evaluating the
tabulation process and making any recommendations it considers
appropriate.
SECTION 1.012. Section 172.128(c), Election Code, is
amended to read as follows:
(c) The county clerk may assign [combine] voting precincts
for an election held under this section to voting centers to the
extent necessary to adequately serve the voters.
SECTION 1.013. Section 173.007(c), Election Code, is
amended to read as follows:
(c) Rules adopted under this section do not limit a
political party's authority under this code to assign [consolidate]
election precincts to a voting center for a primary election.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.001. Section 201.073(e), Agriculture Code, is
amended to read as follows:
(e) If more than one individual files a notice of candidacy
for a director's office during the period specified by Subsection
(b)(1), the election shall be held at a meeting of eligible voters
scheduled under Subsection (a). The district shall print ballots
with the names of the candidates for each director's office to be
filled. The district by rule shall provide for allowing eligible
voters [by personal appearance] to cast votes in person on printed
ballots at a location designated by the district instead of at the
meeting. The rules must provide for votes to be accepted at the
designated location during established business hours for a period
beginning on the 17th day before the date of the meeting and
continuing through the fourth day before the date of the meeting,
including at least one Saturday during that period. If, because of
the date scheduled for the meeting, it is not possible to begin the
[early] voting period [by personal appearance] on the prescribed
date, the [early] voting period shall begin on the earliest
practicable date as set by the district. Each eligible voter
present at the scheduled meeting shall cast a vote by ballots
printed under this subsection. If after tabulation by the district
of the votes cast before the meeting at the designated location and
the votes cast at the meeting no nominee has received a majority of
the votes, the two candidates receiving the largest number of votes
shall be voted on in a second ballot, and the candidate receiving
the largest number of votes among those cast before the meeting at
the designated location and those cast at the meeting in the second
ballot is elected. The district by rule shall provide for
certifying eligible voters voting at the designated location and at
the meeting.
SECTION 2.002. Section 25.087(b-1), Education Code, is
amended to read as follows:
(b-1) A school district may adopt a policy excusing a
student from attending school for service as a student election
[early voting] clerk under Section 32.0511, Election Code [in an
election].
SECTION 2.003. Section 33.092, Education Code, is amended
to read as follows:
Sec. 33.092. STUDENT ELECTION CLERKS [AND EARLY VOTING
CLERKS]. A student who is appointed as a student election clerk
under Section 32.0511, Election Code, [or as a student early voting
clerk under Section 83.012, Election Code,] may apply the time
served as a student election clerk [or student early voting clerk]
toward:
(1) a requirement for a school project at the
discretion of the teacher who assigned the project; or
(2) a service requirement for participation in an
advanced academic course program at the discretion of the program
sponsor or a school-sponsored extracurricular activity at the
discretion of the school sponsor.
SECTION 2.004. Section 130.253(f), Education Code, is
amended to read as follows:
(f) The governing body of the school district or county, as
applicable, shall procure the election supplies necessary to
conduct the election and shall determine the quantity of the
various types of supplies to be provided for use at each precinct
polling place [and early voting polling place].
SECTION 2.005. Section 1.005, Election Code, is amended by
amending Subdivision (4-a) and adding Subdivision (21-a) to read as
follows:
(4-a) "Election official" means:
(A) a county clerk;
(B) a permanent or temporary deputy county clerk;
(C) an elections administrator;
(D) a permanent or temporary employee of an
elections administrator;
(E) an election judge;
(F) an alternate election judge;
(G) [an early voting clerk;
[(H)] a deputy county [early voting] clerk;
(H) [(I)] an election clerk;
(I) [(J)] the presiding judge of a mail [an early
voting] ballot board;
(J) [(K)] the alternate presiding judge of a mail
[an early voting] ballot board;
(K) [(L)] a member of a mail [an early voting]
ballot board;
(L) [(M) the chair of a signature verification
committee;
[(N) the vice chair of a signature verification
committee;
[(O) a member of a signature verification
committee;
[(P)] the presiding judge of a central counting
station;
(M) [(Q)] the alternate presiding judge of a
central counting station;
(N) [(R)] a central counting station manager;
(O) [(S)] a central counting station clerk;
(P) [(T)] a tabulation supervisor;
(Q) [(U)] an assistant to a tabulation
supervisor; and
(R) [(V)] a chair of a county political party
holding a primary election or a runoff primary election.
(21-a) "Voting center" means a polling place created
under Section 42.0052.
SECTION 2.006. Section 1.016(a), Election Code, is amended
to read as follows:
(a) An oath or statement required by the Texas Constitution
or this code prior to an election officer entering service may be
administered and a certificate of the fact given by:
(1) the secretary of state, a member of the secretary
of state's staff, or a state inspector appointed by the secretary;
(2) a county or municipal clerk or the clerk's
deputies;
(3) a county tax assessor-collector or the county tax
assessor-collector's deputies;
(4) a city secretary;
(5) a member of a county election commission or county
election board;
(6) a county elections administrator or employee of a
county elections administrator;
(7) the secretary of the governing body of a political
subdivision other than a county or city or the authority performing
the duties of a secretary under this code;
(8) a presiding election judge or alternate presiding
judge who has already entered service;
(9) [an early voting clerk or a deputy early voting
clerk who has already entered service;
[(10)] a member of a mail [an early voting] ballot
board [or signature verification committee] who has already entered
service; or
(10) [(11)] a presiding judge, manager, or tabulation
supervisor of a central counting station who has already entered
service.
SECTION 2.007. Section 2.025(e), Election Code, is amended
to read as follows:
(e) A date designated by the secretary of state under this
section for a runoff election:
(1) must be:
(A) not earlier than the 30th day after the date
of the main election; and
(B) not later than the 45th day after the date of
the main election; and
(2) may not:
(A) be a national or state holiday under Section
1.006(f); or
(B) have a [an early] voting period that includes
a national or state holiday under Section 1.006(f).
SECTION 2.008. Section 2.081(b), Election Code, is amended
to read as follows:
(b) If a measure is declared moot under this section and is
removed from the ballot, the authority holding the election shall
post notice of the declaration during the [early] voting period [by
personal appearance] and on election day, at each polling place
that would have been used for the election on the measure.
SECTION 2.009. Section 3.006, Election Code, is amended to
read as follows:
Sec. 3.006. CONTENTS OF ELECTION ORDER. In addition to any
other elements required to be included in an election order by other
law, each election order must state:
(1) the date of the election;
(2) the date the voting period begins;
(3) the regular dates and hours voting will be
conducted on election day and during the voting period; and
(4) the offices or measures to be voted on at the
election.
SECTION 2.010. Sections 4.003(b) and (f), Election Code,
are amended to read as follows:
(b) In addition to any other notice given for an election
under Subsection (a), not later than the 21st day before election
day, a county shall post a copy of a notice of the election given by
the county or provided to the county under Section 4.008(a), which
must include the location of each polling place, on the county's
Internet website, if the county maintains a website. For each
voting center created under Section 42.0052, the notice must
include the location of the voting center and the precincts
assigned to that voting center. An authority responsible for
giving notice of an election may post a copy of the notice on the
bulletin board used for posting notices of the meetings of the
governing body of the political subdivision that the authority
serves. If a county does not maintain a website, the authority
responsible for giving notice of the election shall post a copy of a
notice of the election on the bulletin board used for posting
notices of the meetings of the governing body of the political
subdivision that the authority serves. [For each precinct that is
combined to form a consolidated precinct under Section 42.008, not
later than the 10th day before election day, the authority shall
also post, at the polling place used in the preceding general
election, notice of the precinct's consolidation and the location
of the polling place in the consolidated precinct.] A notice
posted under this subsection must remain posted continuously
through election day.
(f) A debt obligation election order required under Section
3.009 shall be posted:
(1) on election day and during the [early] voting
period [by personal appearance], in a prominent location at each
polling place;
(2) not later than the 21st day before the election, in
three public places in the boundaries of the political subdivision
holding the election; and
(3) during the 21 days before the election, on the
political subdivision's Internet website, prominently and together
with the notice of the election, the contents of the proposition,
and any sample ballot prepared for the election, if the political
subdivision maintains an Internet website.
SECTION 2.011. Sections 4.004(a) and (d), Election Code,
are amended to read as follows:
(a) The notice of a general or special election must state:
(1) the nature and date of the election;
(2) except as provided by Subsection (c), the location
of each polling place;
(3) the dates and hours that the polls will be open,
including the dates of the voting period;
(4) the Internet website of the authority conducting
the election; and
(5) any other information required by other law.
(d) If precincts are assigned to a voting center
[consolidated] under Section 42.0052 [42.008], the notice must
state which precincts have been assigned [combined] to [form] each
voting center [consolidated precinct] in addition to the locations
of the voting centers [polling places in the consolidated
precincts].
SECTION 2.012. Section 12.004(d), Election Code, is amended
to read as follows:
(d) The [If early voting by personal appearance is required
to be conducted for extended hours under Section 85.005(c) or for
weekend hours under Section 85.006(e), the] registrar's office
shall remain open for providing voter registration information
during the days and hours, including [extended hours or] weekend
hours, of the [that the main early voting polling place is open for]
voting period.
SECTION 2.013. Section 13.002(e), Election Code, is amended
to read as follows:
(e) A person who is certified for participation in the
address confidentiality program administered by the attorney
general under Subchapter B, Chapter 58, Code of Criminal Procedure,
is not eligible to vote [for early voting] by mail under Section
71.004 [82.007] unless the person submits an application under this
section by personal delivery. The secretary of state may adopt
rules to implement this subsection.
SECTION 2.014. Section 13.143(b), Election Code, is amended
to read as follows:
(b) A registration is effective for purposes of [early]
voting during the voting period or by mail if it will be effective
on election day.
SECTION 2.015. Section 15.025(b), Election Code, is amended
to read as follows:
(b) A change in registration information covered by this
section is effective for purposes of [early] voting during the
voting period or by mail if it will be effective on election day.
SECTION 2.016. Section 16.031(a), Election Code, is amended
to read as follows:
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section 13.072(b), 15.021, or
18.0681(d) or a response under Section 15.053 that the voter's
residence is outside the county;
(2) an abstract of the voter's death certificate under
Section 16.001(a) or an abstract of an application indicating that
the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's
total mental incapacity, partial mental incapacity without the
right to vote, conviction of a felony, or disqualification under
Section 16.002, 16.003, or 16.004;
(4) notice under Section 88.111 [112.012] that the
voter has applied for a limited ballot in another county;
(5) notice from a voter registration official in
another state that the voter has registered to vote outside this
state;
(6) notice from the county [early voting] clerk under
Section 74.053 [101.053] that a federal postcard application
submitted by an applicant states a voting residence address located
outside the registrar's county; or
(7) notice from the secretary of state that the voter
has registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the Department of Public Safety or social security
number.
SECTION 2.017. Sections 18.001(a) and (d), Election Code,
are amended to read as follows:
(a) Before the beginning of the [early] voting period for
the first election held in a county in each voting year, the
registrar shall prepare for each county election precinct a
certified list of the registered voters in the precinct. The list
must contain the name of each voter whose registration will be
effective on the date of the first election held in the county in
the voting year.
(d) An additional copy of each list shall be furnished for
use in [early] voting during the voting period and by mail.
SECTION 2.018. Section 18.002(c), Election Code, is amended
to read as follows:
(c) An additional copy of each list shall be furnished for
use in [early] voting during the voting period and by mail and as
needed in order to ensure all voters eligible to vote in an election
appear correctly on the original list.
SECTION 2.019. Section 18.003(c), Election Code, is amended
to read as follows:
(c) An additional copy of each list shall be furnished for
use in [early] voting during the voting period and by mail and as
needed in order to ensure all voters eligible to vote in an election
appear correctly on the original list.
SECTION 2.020. Section 18.006, Election Code, is amended to
read as follows:
Sec. 18.006. DELIVERY OF LISTS TO ELECTION AUTHORITIES.
The registrar shall deliver the lists furnished under this
subchapter, including the lists furnished under Section 18.007, to
the appropriate authority as soon as practicable after the request
but in every case in time for receipt before the beginning of
[early] voting by mail for the election in which the lists are to be
used. If those lists do not contain the names of all voters who will
be eligible to vote as of the beginning of the [early] voting period
[by personal appearance], another set of the appropriate lists
shall be delivered before the beginning of the [early] voting
period [by personal appearance]. If those lists do not contain the
names of all voters whose registrations will be effective on
election day, another set of the appropriate lists shall be
delivered as soon as practicable after the registrar has processed
the remaining applications.
SECTION 2.021. Section 18.069, Election Code, is amended to
read as follows:
Sec. 18.069. VOTING HISTORY. Not later than the 30th day
after the date of the primary, runoff primary, or general election
or any special election ordered by the governor, the general
custodian of election records shall electronically submit to the
secretary of state the record of each voter participating in the
election. The record must include a notation of whether the voter
voted on election day, voted during the voting period [early by
personal appearance], voted [early] by mail under Chapter 73 [86],
or voted [early] by mail under Subchapter A, Chapter 74 [101].
SECTION 2.022. Section 19.004(a), Election Code, is amended
to read as follows:
(a) Except as provided by Subsection (d), state funds
disbursed under this chapter may be used only to:
(1) defray expenses of the registrar's office in
connection with voter registration, including additional expenses
related to:
(A) implementation of the National Voter
Registration Act of 1993 (52 U.S.C. Section 20501 et seq.);
(B) complying with weekly updating requirements;
and
(C) the employment of temporary voter
registration personnel for not more than 39 weeks in a state fiscal
year; and
(2) if the registrar's county has a population of less
than 55,000, defray the cost to the registrar's county of keeping
the polling places in the county open during the [early] voting
period [as required under Sections 85.005(c), 85.006(e), and
85.064(d)].
SECTION 2.023. Sections 31.014(a) and (c), Election Code,
are amended to read as follows:
(a) The secretary of state shall prescribe specific
requirements and standards, consistent with this code, for the
certification of an electronic device used to accept voters under
Chapter 63 that require the device to:
(1) produce an electronic copy of the list of voters
who were accepted to vote for delivery to the election judge after
the polls close;
(2) display the voter's original signature in
accordance with Section 63.002;
(3) accept a voter for voting even when the device is
off-line;
(4) provide the full list of voters registered in the
county with an indication of the jurisdictional or distinguishing
number for each territorial unit in which each voter resides;
(5) time-stamp when each voter is accepted at a
polling place, including the voter's unique identifier; and
(6) [if the county participates in the countywide
polling place program under Section 43.007 or has more than one
early voting polling place, transmit a time stamp when each voter is
accepted, including the voter's unique identifier, to all polling
place locations;
[(7) time-stamp the receipt of a transmission under
Subdivision (6); and
[(8)] produce in an electronic format compatible with
the statewide voter registration list under Section 18.061 data for
retention and transfer that includes:
(A) the polling location in which the device was
used; and
(B) the dated time stamp under Subdivision (5)[;
and
[(C) the dated time stamp under Subdivision (7)].
(c) The secretary of state shall adopt rules that require a
device described by this section [used during the early voting
period or under the countywide polling place program under Section
43.007] to update data in real time. If a county uses a device that
does not comply with the rule in two consecutive general elections
for state and county officers, the secretary of state shall assess a
noncompliance fee. The noncompliance fee shall be set at an amount
determined by secretary of state rule.
SECTION 2.024. Section 31.016(b), Election Code, is amended
to read as follows:
(b) The secretary of state shall prescribe procedures
requiring each entity designating the location of a polling place[,
including an early voting polling place,] to submit information on
the location to the secretary of state for inclusion on the
secretary of state's Internet website.
SECTION 2.025. Section 31.017(a), Election Code, is amended
to read as follows:
(a) In a county with a population of more than 4 million, the
secretary of state's office may order administrative oversight of a
county office administering elections or voter registration in the
county if:
(1) an administrative election complaint is filed with
the secretary of state by a person who participated in the relevant
election as:
(A) a candidate;
(B) a county chair or state chair of a political
party;
(C) a presiding judge;
(D) an alternate presiding judge; or
(E) the head of a specific-purpose political
committee that supports or opposes a measure;
(2) the secretary of state has provided notice to the
county election official with authority over election
administration or voter registration under Section 31.018; and
(3) the secretary of state, after conducting an
investigation under Section 31.019, has good cause to believe that
a recurring pattern of problems with election administration or
voter registration exists in the county, including any recurring:
(A) malfunction of voting system equipment that
prevents a voter from casting a vote;
(B) carelessness or official misconduct in the
distribution of election supplies;
(C) errors in the tabulation of results that
would have affected the outcome of an election;
(D) violations of Section 93.053 [66.053];
(E) discovery of properly executed voted ballots
after the canvass of an election that were not counted; or
(F) failure to conduct maintenance activities on
the lists of registered voters as required under this code.
SECTION 2.026. Section 31.018(c), Election Code, is amended
to read as follows:
(c) If the administrative election complaint filed under
Section 31.017(a)(1) concerns an election for which the voting
period [by personal appearance] has begun and the final canvass has
not been completed, the county election official with authority
over election administration or voter registration must provide a
response under Subsection (b) not later than 72 hours after
receiving notice of the complaint under Subsection (a).
SECTION 2.027. Section 31.020(b), Election Code, is amended
to read as follows:
(b) The authority of administrative oversight over a county
granted to the secretary of state under this subchapter must
include:
(1) requiring the approval and review by the secretary
of state of any policies or procedures regarding the administration
of elections issued by the county; and
(2) authorizing all appropriate personnel in the
secretary of state's office to conduct in-person observations of
the county election office's activities, including any activities
related to election preparation, voting by mail, the [early] voting
period, election day, and post-election day procedures.
SECTION 2.028. Section 31.097, Election Code, is amended to
read as follows:
Sec. 31.097. [EARLY] VOTING BY MAIL. (a) An election
services contract may provide that the county election officer's
deputies may serve as deputy county [early voting] clerks even if
the officer is not to serve as the county [early voting] clerk with
regard to [or supervise early] voting by mail.
(b) If the county election officer is to serve as the county
[early voting] clerk or is to provide deputies to serve as deputy
county [early voting] clerks, the officer's written order
appointing a permanent or temporary deputy of the officer as a
deputy county [early voting] clerk is sufficient, without the
necessity for an appointment by any other authority.
(c) A permanent deputy of the county election officer is not
subject to the eligibility requirements of this subsection. For a
temporary deputy of the officer to be eligible for appointment as a
deputy county [early voting] clerk, the deputy must have the
qualifications for appointment as a presiding election judge except
that:
(1) an appointee is not required to be a qualified
voter of any particular territory other than the county served by
the county election officer or the political subdivision in which
the election is held; and
(2) if an employee of the contracting political
subdivision is appointed, the appointee's status as an employee
does not disqualify the appointee from serving in an election in
which an officer of the political subdivision is a candidate.
SECTION 2.029. Section 31.122, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) The county clerk's office shall remain open for voting
activities during the hours the polls are required to be open for
voting on election day.
SECTION 2.030. Section 31.124(a), Election Code, is amended
to read as follows:
(a) A county election officer of each county shall hold a
meeting with the county chair of each political party to discuss, as
appropriate, the following for each primary election or general
election for state and county officers:
(1) [the lists provided by each political party under
Section 85.009;
[(2)] the lists provided by each political party under
Section 92.002(c) [87.002(c)];
(2) [(3)] the implementation of Subchapters A, B, C,
and D, Chapter 92 [87]; and
(3) [(4)] holding a joint primary, entering into an
election services contract, and polling place locations.
SECTION 2.031. Section 32.0511(d), Election Code, is
amended to read as follows:
(d) Not more than two student election clerks may serve at a
polling place[, except that not more than four student election
clerks may serve at any countywide polling place].
SECTION 2.032. Section 32.054(d), Election Code, is amended
to read as follows:
(d) Notwithstanding Subsection (b), a person employed by a
county solely as a deputy county [an early voting] clerk appointed
under Subchapter B-1, Chapter 31, [83] is not employed by a
candidate for purposes of this section.
SECTION 2.033. Section 32.075(e), Election Code, is amended
to read as follows:
(e) The presiding judge or a special peace officer appointed
under this section may not enforce the prohibition against
electioneering or loitering outside of the area within which
electioneering and loitering are prohibited under Section 61.003
[or 85.036].
SECTION 2.034. Section 32.1111(c), Election Code, is
amended to read as follows:
(c) Completion of the training program under this section is
not a prerequisite to eligibility for service in an election for:
(1) county election officials;
(2) presiding or alternate election judges;
(3) election clerks;
(4) members of the mail [early voting] ballot board;
or
(5) [members of the signature verification committee;
or
[(6)] central counting station officers.
SECTION 2.035. Section 32.114(a), Election Code, is amended
to read as follows:
(a) The county clerk shall provide one or more sessions of
training using the standardized training program and materials
developed and provided by the secretary of state under Section
32.111 for the election judges and clerks appointed to serve in
elections ordered by the governor or a county authority. Each
election judge shall complete the training program. The training
program must include specific procedures related to the mail [early
voting] ballot board and the central counting station, as
applicable. Each election clerk shall complete the part of the
training program relating to the acceptance and handling of the
identification presented by a voter to an election officer under
Section 63.001.
SECTION 2.036. Section 33.004(b), Election Code, is amended
to read as follows:
(b) To be eligible to participate in the appointment under
this section of a watcher for a precinct polling place, a person
must be a registered voter of the precinct. To be eligible to
participate in the appointment under this section of a watcher for
[an early voting polling place,] the meeting place of a mail [an
early voting] ballot board[,] or a central counting station, a
person must be a registered voter of the territory served by that
facility.
SECTION 2.037. Sections 33.007(a) and (c), Election Code,
are amended to read as follows:
(a) Each appointing authority may appoint not more than two
watchers for each precinct polling place, meeting place for a mail
[an early voting] ballot board, or central counting station
involved in the election.
(c) In an election in which the election officers serving at
a precinct polling place also serve as a mail [an early voting]
ballot board, a watcher who is appointed for the precinct polling
place may observe the processing of mail [early voting] ballots by
the mail [early voting] ballot board, or separate watchers may be
appointed to observe only that activity.
SECTION 2.038. Section 33.033(a), Election Code, is amended
to read as follows:
(a) A person is ineligible to serve as a watcher at a
particular location if the person is the employer of or is employed
by or related within the second degree by consanguinity or
affinity, as determined under Chapter 573, Government Code, to an
election judge, an election clerk, a county [an early voting]
clerk, or a deputy clerk serving at that location.
SECTION 2.039. Section 33.051(a), Election Code, is amended
to read as follows:
(a) A watcher appointed to serve at a precinct polling
place, a meeting place for a mail [an early voting] ballot board, or
a central counting station must deliver the following materials to
the presiding judge at the time the watcher reports for service:
(1) a certificate of appointment; and
(2) a certificate of completion from training
completed by the watcher under Section 33.008.
SECTION 2.040. Section 33.052, Election Code, is amended to
read as follows:
Sec. 33.052. HOURS OF SERVICE AT PRECINCT POLLING PLACE. A
watcher at a precinct polling place may begin service at any time
after the presiding judge arrives at the polling place during the
voting period or on election day and may remain at the polling place
until the presiding judge and the clerks complete their duties
there. A watcher may serve at the polling place during the hours
the watcher chooses, except that if the watcher is present at the
polling place when ballots are counted, the watcher may not leave
until the counting is complete.
SECTION 2.041. Section 33.054, Election Code, is amended to
read as follows:
Sec. 33.054. HOURS OF SERVICE AT MAIL [EARLY VOTING] BALLOT
BOARD MEETING [OR SIGNATURE VERIFICATION COMMITTEE MEETING]. (a)
A watcher serving at the meeting place of a mail [an early voting]
ballot board [or signature verification committee] may be present
at any time the board [or committee] is processing or counting
ballots and until the board [or committee] completes its duties.
The watcher may serve during the hours the watcher chooses, except
as provided by Subsection (b).
(b) A watcher serving at the meeting place of a mail [an
early voting] ballot board may not leave during voting hours on
election day without the presiding judge's permission if the board
has recorded any votes cast on voting machines or counted any
ballots, unless the board has completed its duties and has been
dismissed by the presiding judge.
SECTION 2.042. Section 33.060(a), Election Code, is amended
to read as follows:
(a) On request of a watcher, an election officer who
delivers election records from a precinct polling place, [an early
voting polling place,] a meeting place for a mail [an early voting]
ballot board, or a central counting station shall permit the
watcher appointed to serve at that location to accompany the
officer in making the delivery.
SECTION 2.043. Section 41.032(a), Election Code, is amended
to read as follows:
(a) A voter who has not voted before the time for closing the
polls is entitled to vote after that time if the voter is inside or
waiting to enter the polling place at the time for closing the polls
applicable under Section 41.031 [7 p.m].
SECTION 2.044. Section 42.005(a), Election Code, is amended
to read as follows:
(a) A county election precinct[, including a consolidated
precinct,] may not contain territory from more than one of each of
the following types of territorial units:
(1) a commissioners precinct;
(2) a justice precinct;
(3) a congressional district;
(4) a state representative district;
(5) a state senatorial district; or
(6) a State Board of Education district.
SECTION 2.045. Section 42.006(a), Election Code, is amended
to read as follows:
(a) A [Except as provided by this section and Section
42.0051, a] county election precinct must contain at least 100 but
not more than 5,000 registered voters.
SECTION 2.046. Section 51.003, Election Code, is amended to
read as follows:
Sec. 51.003. PROCURING AND ALLOCATING SUPPLIES. Except as
otherwise provided by law, the following authority shall procure
the election supplies necessary to conduct an election and shall
determine the quantity of the various types of supplies to be
provided to each precinct polling place [and early voting polling
place]:
(1) for an election ordered by the governor or a county
authority, the county clerk, subject to the approval of the county
election board;
(2) for a primary election, the county chair of the
political party holding the primary, subject to the approval of the
party's county executive committee;
(3) for an election ordered by a city authority, the
city secretary; and
(4) for an election ordered by an authority of a
political subdivision other than a county or city, the secretary of
the subdivision's governing body or, if the governing body has no
secretary, the governing body's presiding officer.
SECTION 2.047. Section 51.004(b), Election Code, is amended
to read as follows:
(b) The appropriate supplies shall be distributed to each
presiding election judge not later than one hour before the polls
are required to be open for [voting and to the early voting clerk
before] the beginning of the [early] voting period.
SECTION 2.048. Section 51.006, Election Code, is amended to
read as follows:
Sec. 51.006. PREPARING BALLOTS FOR DISTRIBUTION. The
authority responsible for distributing election supplies shall
package and seal each set of ballots before their distribution and
shall mark the package with the number of ballots enclosed and the
range of the ballot serial numbers. If the authority is the county
[early voting] clerk, the ballots allocated for the [early] voting
period need not be packaged and sealed.
SECTION 2.049. Section 51.007(a), Election Code, is amended
to read as follows:
(a) As soon as practicable after the ballots are packaged
for distribution, the authority responsible for distributing
election supplies shall prepare a record of the number of ballots
and the range of serial numbers on the ballots to be distributed to
each presiding judge and the county [early voting] clerk.
SECTION 2.050. Section 123.006, Election Code, is amended
to read as follows:
Sec. 123.006. ADOPTION OF VOTING SYSTEM [FOR EARLY VOTING].
(a) A voting system may be adopted for use in [early] voting by mail
only, regular voting during the voting period and on election day
only, or both.
(b) [A voting system may be adopted for use in early voting
by personal appearance only, early voting by mail only, or both.
[(c)] Only one kind of voting system may be used for [early]
voting by mail. A voting system and regular paper ballots may not
both be used in the same election for [early] voting by mail.
SECTION 2.051. Section 124.006, Election Code, is amended
to read as follows:
Sec. 124.006. IMPLEMENTATION OF PROVISIONAL BALLOT SYSTEM.
The secretary of state shall prescribe the form of a provisional
ballot and the necessary procedures to implement the casting of a
provisional ballot as described by Section 63.011 and the
verification and processing of provisional ballots under
Subchapter F [B], Chapter 92 [65], for each voting system used in
this state.
SECTION 2.052. Section 125.006(c), Election Code, is
amended to read as follows:
(c) If the presiding judge determines that the equipment
cannot be promptly repaired or replaced and that voting cannot be
continued by using only the remaining operational equipment without
substantially interfering with the orderly conduct of the election,
voting at that polling place may be conducted by one of the
following methods in addition to, or instead of, using remaining
operational equipment:
(1) using another voting system that has been adopted
for use in the election;
(2) using regular paper ballots, whether mail [early
voting] ballots or ballots for [regular] voting during the voting
period and on election day; or
(3) having voters manually mark the electronic system
ballots that were furnished for use with the malfunctioning
equipment and having the ballots processed as regular paper
ballots.
SECTION 2.053. Section 125.010(b), Election Code, is
amended to read as follows:
(b) On the request of the authority holding the election, a
voting system technician may be present at a polling place, a
meeting of the mail [early voting] ballot board, or a central
counting station for the purpose of repairing, assembling,
maintaining, or operating voting system equipment.
SECTION 2.054. Section 127.1232(b), Election Code, is
amended to read as follows:
(b) The general custodian of election records in a county
with a population of 100,000 or more shall implement a video
surveillance system that retains a record of all areas containing
voted ballots:
(1) from the time the voted ballots are delivered to
the central counting station until the canvass of precinct election
returns; and
(2) from the time the voted ballots are delivered to
the mail [signature verification committee or early voting] ballot
board until the canvass of precinct election returns.
SECTION 2.055. Section 127.130(c-1), Election Code, is
amended to read as follows:
(c-1) In any manual count conducted under this code, an
irregularly marked vote on a ballot on which a voter indicates a
vote by making a mark on the ballot is considered in the same manner
as provided by Section 91.008 [65.009].
SECTION 2.056. Section 127.131(f), Election Code, is
amended to read as follows:
(f) The presiding judge of the central counting station
shall provide and attest to a written reconciliation of votes and
voters at the close of tabulation for election day and again after
the central counting station meets for the last time to process
late-arriving mail ballots [by mail] and provisional ballots. The
secretary of state shall create and promulgate rules and a form to
facilitate compliance with this subsection. The form shall be
posted on a website maintained by the county along with election
returns and results.
SECTION 2.057. Section 128.001(b), Election Code, is
amended to read as follows:
(b) Notwithstanding Chapter 93 [66], a system under this
section may allow for the storage of processed ballot materials in
an electronic form on the main computer.
SECTION 2.058. Section 129.002(b), Election Code, is
amended to read as follows:
(b) During the [early] voting period, the county [early
voting] clerk shall conduct a daily audit of the direct recording
electronic voting machines used in the election to ensure proper
correspondence among the numbers of ballots provided on the
machines, names on the poll list, and ballots cast on the machines.
SECTION 2.059. Section 141.063(e), Election Code, is
amended to read as follows:
(e) The signer's residence address and registration address
are not required to be the same if the signer would otherwise be
able to vote for that office under Section 11.004 or 88.102
[112.002].
SECTION 2.060. Section 145.003(c), Election Code, is
amended to read as follows:
(c) A candidate in an election other than the general
election for state and county officers may be declared ineligible
before the beginning of the [early] voting period [by personal
appearance] by the authority with whom an application for a place on
the ballot for the office sought by the candidate is required to be
filed.
SECTION 2.061. Section 162.003, Election Code, is amended
to read as follows:
Sec. 162.003. AFFILIATION BY VOTING IN PRIMARY. A person
becomes affiliated with a political party when the person:
(1) is accepted to vote in the party's primary
election; or
(2) returns a mail ballot [an early voting] or limited
primary ballot voted by mail.
SECTION 2.062. Section 162.005, Election Code, is amended
to read as follows:
Sec. 162.005. AFFILIATION PROCEDURE: [EARLY] VOTING BY
MAIL. Subject to Section 162.004(a-1), the county [early voting]
clerk in a general primary election shall provide an affiliation
certificate with each mail ballot [early voting] or limited ballot
to be voted by mail. The certificate is not required to be provided
to an applicant for a runoff primary ballot unless the applicant
requests it.
SECTION 2.063. Sections 172.1111(a) and (c), Election Code,
are amended to read as follows:
(a) Before the opening of the polls on the first day of
[during] the [early] voting period [and on election day], the
presiding judge shall post at each outside door through which a
voter may enter the building in which the polling place is located a
written notice in bold print of the date, hour, and place for each
precinct, county, senatorial, or state convention that a voter in
the precinct may be eligible to attend during the election year.
The presiding judge may not remove the notice before the closing of
the polls on election day.
(c) The notice must remain posted continuously through the
[early] voting period and on election day.
SECTION 2.064. Section 172.1112(a), Election Code, is
amended to read as follows:
(a) The county clerk shall post a notice of the election and
a notice of voting center locations [consolidated precincts], if
applicable, in the manner prescribed by Section 4.003(b) for
general and special elections. The notice of the election shall be
posted on the county's Internet website, if the county maintains a
website. If the county does not maintain a website, the notice
shall be posted on the bulletin board used for posting notice of
meetings of the commissioners court.
SECTION 2.065. Section 172.1113, Election Code, is amended
to read as follows:
Sec. 172.1113. COUNTY CHAIR PERMITTED IN POLLING PLACE.
[(a) In this section, "voting period" means the period beginning
when the polls open for voting and ending when the polls close or
the last voter has voted, whichever is later.
[(b)] The county chair of a political party conducting a
primary election may be in a polling place while the polls are open
for voting [during the voting period] as necessary to perform
administrative functions related to the conduct of the election.
SECTION 2.066. Section 172.1114(e), Election Code, is
amended to read as follows:
(e) A county chair of a political party shall supply or
contract with the authority to supply a notice prepared according
to this section to the authority conducting the election not later
than the 30th day before the date the [early] voting period [by
personal appearance] begins. The authority's preparation of copies
is a necessary expense incurred in connection with a primary
election under Section 173.001.
SECTION 2.067. Section 172.1141(b), Election Code, is
amended to read as follows:
(b) If a county records the acceptance of a voter
electronically, the state chair or county chair may request and the
county clerk shall provide not later than the date of the local
general primary canvass an electronic document listing the persons
who voted in the party primary, the unique identifier assigned to
each person, and whether the person voted by mail, during the voting
period [early in person or by mail], or [voted in person] on
election day.
SECTION 2.068. Sections 172.124(a) and (c), Election Code,
are amended to read as follows:
(a) For each primary election, the county clerk shall
prepare a report of the number of votes, including [early voting]
votes cast by mail and during the voting period, received in each
county election precinct by each candidate for an office, other
than a party office, as provided by Section 94.017 [67.017] for the
report of precinct results for a general election.
(c) Except as otherwise provided by this section, the report
is subject to the requirements prescribed by Section 94.017
[67.017] for the report prepared for a general election.
SECTION 2.069. Sections 172.126(b) and (c), Election Code,
are amended to read as follows:
(b) The county clerk shall determine whether to assign
[consolidate] election precincts to a voting center under Section
42.0052 [42.009] and shall designate the location of the voting
center [polling place in a consolidated precinct]. To the extent
possible, a polling place shall be designated that will accommodate
the precinct conventions of each political party. If a polling
place or voting center[, whether for a regular or consolidated
precinct,] is not suitable for more than one precinct convention,
the polling place may be used by the party whose candidate for
governor received the most votes in the county in the most recent
gubernatorial general election.
(c) One set of election officers shall conduct the primary
elections at each polling place. Not later than the second Monday
in December preceding the primary elections, each county chair
shall deliver to the county clerk a list of the names of the
election judges and clerks for that party. The presiding judge of
each party, or alternate judge if applicable, serves as a co-judge
for the precinct. If an eligible presiding co-judge and alternate
co-judge cannot be found to serve for a particular party in a
precinct, a joint primary may not be conducted in that precinct, and
that precinct must be assigned to a voting center [consolidated
with another precinct] that has an eligible presiding co-judge and
alternate co-judge to serve for each party. The county clerk shall
appoint the election clerks in accordance with rules prescribed by
the secretary of state. The secretary of state shall prescribe the
maximum number of clerks that may be appointed for each precinct.
The mail [early voting] ballot board and any central counting
station shall also be composed of and administered by one set of
election officers that provides representation for each party, and
the secretary of state by rule shall prescribe procedures
consistent with this subsection for the appointment of those
officers.
SECTION 2.070. Section 173.003, Election Code, is amended
to read as follows:
Sec. 173.003. EXPENSES INCURRED BY COUNTY. Except as
otherwise provided by law, the county shall pay all the expenses
incurred in connection with [early] voting by mail or during the
voting period in a primary election, except expenses relating to
the printing of mail [early voting] ballots, and any other expenses
incurred by a county authority in connection with a primary
election.
SECTION 2.071. Section 173.081(f), Election Code, is
amended to read as follows:
(f) A statement submitted by a county chair must also
include a notice of the county election precincts to be assigned to
a voting center [consolidated] for the election, if any.
SECTION 2.072. Section 212.134, Election Code, is amended
to read as follows:
Sec. 212.134. MAIL [EARLY VOTING] VOTES TREATED AS
PRECINCT. For [(a) Except as provided by Subsection (b), for] the
purpose of specifying which election precincts are to be included
in a recount, all the mail [early voting] votes canvassed by a local
canvassing authority shall be treated as constituting one election
precinct.
[(b) Each early voting polling place in which voting
machines were used shall be treated as constituting one election
precinct.]
SECTION 2.073. Section 213.003(a), Election Code, is
amended to read as follows:
(a) Except as provided by Subsections (b) and (c), to be
eligible for appointment as a member of a recount committee, a
person must be a qualified voter of the political subdivision
served by the recount supervisor and must otherwise meet the
eligibility requirements prescribed by this code for precinct
election judges and clerks. A person who served as an election
judge or as judge of the mail [early voting] ballot board in the
election is ineligible to serve as a member of the recount
committee. An officer of a political party is eligible to serve as
a member of the committee.
SECTION 2.074. Section 213.006(c), Election Code, is
amended to read as follows:
(c) Mail [Early voting] ballots rejected by the mail [early
voting] ballot board may not be counted in the recount.
SECTION 2.075. Section 221.018(a), Election Code, is
amended to read as follows:
(a) Notwithstanding Section 72.0021(b) [84.0021(b)], the
tribunal hearing an election contest may examine the information
contained in an application under Section 72.0021(b) [84.0021]
relating to the address at which the applicant is registered to
vote.
SECTION 2.076. Section 231.007(c), Election Code, is
amended to read as follows:
(c) The district court may set the election for a date that
shortens the regular period for [early] voting by mail, but the date
must make it possible for the [early] voting period [by personal
appearance] to begin on the date described by Section 41.010 [not
later than the 10th day before election day. In the order setting
the date for the election, the court shall also set the date for
beginning early voting by personal appearance if it is not possible
to begin on the regular day].
SECTION 2.077. Section 232.013(b), Election Code, is
amended to read as follows:
(b) The date set for the runoff may not provide a longer
interval between the court order and the runoff than is required or
authorized by law between the main election and a regularly
scheduled runoff. The date may provide a shorter interval, but the
interval must make it possible for the [early] voting period [by
personal appearance] to begin on the date described by Section
41.010 [not later than the 10th day before election day].
SECTION 2.078. Section 232.048(b), Election Code, is
amended to read as follows:
(b) Sections 232.013(b)[, (c),] and (d) apply to an election
ordered under Subsection (a) of this section.
SECTION 2.079. Section 247.001, Election Code, is amended
to read as follows:
Sec. 247.001. PETITION ALLEGING FRAUD. This chapter
applies to a civil suit in which a candidate in an election alleges
in the petition that an opposing candidate, an agent of the opposing
candidate, or a person acting on behalf of the opposing candidate
with the candidate's knowledge violated any of the following
sections of this code:
(1) Section 13.007;
(2) Section 64.012;
(3) Section 64.036;
(4) Section 72.003 [84.003];
(5) Section 72.0041 [84.0041];
(6) Section 73.0051 [86.0051];
(7) Section 73.006 [86.006];
(8) Section 73.010 [86.010];
(9) Section 276.013; and
(10) Section 276.015.
SECTION 2.080. Section 271.006, Election Code, is amended
to read as follows:
Sec. 271.006. [EARLY] VOTING BY MAIL. (a) The governing
bodies of the political subdivisions participating in a joint
election shall decide whether to conduct their [early] voting by
mail jointly. The governing bodies that decide to conduct joint
[early] voting by mail shall appoint one of their county [early
voting] clerks to perform the functions of a county [as the early
voting] clerk for the joint [early] voting.
(b) [The joint early voting shall be conducted at the early
voting polling place or places at which and during the hours,
including any extended or weekend hours, that the early voting
clerk regularly conducts early voting for the clerk's political
subdivision.
[(c)] The regular county [early voting] clerk for each
political subdivision participating in the joint [early] voting by
mail shall receive applications [for early voting ballots] to vote
[be voted] by mail in accordance with Subtitle B, Title 6 [7]. The
remaining procedures for conducting the political subdivision's
[early] voting by mail shall be completed by the regular county
[early voting] clerk or by the county [early voting] clerk for the
joint [early] voting, at the discretion of the governing body of
each political subdivision participating in the joint [early]
voting.
(c) [(d)] If a governing body decides not to participate in
the joint [early] voting by mail, the [early] voting by mail for
that political subdivision shall be conducted in accordance with
Subtitle B, Title 6 [7, except that the early voting may be
conducted at common polling places].
SECTION 2.081. Section 271.0071, Election Code, is amended
to read as follows:
Sec. 271.0071. MULTIPLE METHODS OF VOTING ALLOWED. The
restrictions on multiple methods of voting at the same polling
place or [in early voting] prescribed by Sections 123.005-123.007
do not apply to a joint election as if the joint election were a
single election but rather apply independently to the election of
each participating political subdivision in the joint election.
SECTION 2.082. Section 272.004, Election Code, is amended
to read as follows:
Sec. 272.004. USE OF BILINGUAL MATERIALS FOR [EARLY] VOTING
BY MAIL. Bilingual election materials shall be used for [early]
voting by mail in each election in which bilingual election
materials are used.
SECTION 2.083. Section 272.005(c), Election Code, is
amended to read as follows:
(c) Except as provided by Section 272.006, the following
materials must contain a Spanish translation beneath the English
text:
(1) the official affidavit forms and other official
forms that voters are required to sign in connection with voting;
(2) the official application forms to vote by mail
[for early voting ballots];
(3) written instructions furnished to [early voting]
voters voting by mail; and
(4) the balloting materials furnished to voters in
connection with mail ballots [early voting by mail].
SECTION 2.084. Sections 272.006(b) and (c), Election Code,
are amended to read as follows:
(b) If a separate translation of the ballot is made under
Subsection (a), the translation must be furnished to each voter to
whom a mail [an early voting] ballot [to be voted by mail] is
provided.
(c) An item specified by Section 272.005(c) is not required
to contain a Spanish translation if:
(1) for an item used in connection with voting at a
polling place:
(A) a separate translation of the item is made
available to the voter on request; and
(B) the item contains a statement in Spanish
informing the voter of the availability of the translation; or
(2) for an item used in connection with [early] voting
by mail, a separate translation of the item is furnished with the
item to the voter.
SECTION 2.085. Section 272.011(b), Election Code, is
amended to read as follows:
(b) The secretary of state shall prepare the translation for
election materials required to be provided in a language other than
English or Spanish for the following state prescribed voter forms:
(1) voter registration application form required by
Section 13.002;
(2) the confirmation form required by Section 15.051;
(3) the voting instruction poster required by Section
62.011;
(4) the reasonable impediment declaration required by
Section 63.001(b);
(5) the statement of residence form required by
Section 63.0011;
(6) the provisional ballot affidavit required by
Section 63.011;
(7) the application to vote [for a ballot] by mail
required by Section 72.010 [84.011];
(8) the carrier envelope and voting instructions
required by Section 73.013 [86.013]; and
(9) any other voter forms that the secretary of state
identifies as frequently used and for which state resources are
otherwise available.
SECTION 2.086. Sections 276.004(a) and (b), Election Code,
are amended to read as follows:
(a) A person commits an offense if, with respect to another
person over whom the person has authority in the scope of
employment, the person knowingly:
(1) refuses to permit the other person to be absent
from work on election day or during the [while early] voting period
[is in progress] for the purpose of attending the polls to vote; or
(2) subjects or threatens to subject the other person
to a penalty for attending the polls on election day or during the
[while early] voting period [is in progress] to vote.
(b) It is an exception to the application of this section
that the person's conduct occurs in connection with an election in
which the polls are open on election day or during the [while early]
voting period [is in progress] for voting for two consecutive hours
outside of the voter's working hours.
SECTION 2.087. Section 276.010(a), Election Code, is
amended to read as follows:
(a) A person commits an offense if the person buys, offers
to buy, sells, or offers to sell an official ballot, official ballot
envelope, official carrier envelope, signed application to vote by
[for an early voting] mail [ballot], or any other original election
record.
SECTION 2.088. Section 276.013(a), Election Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly or
intentionally makes any effort to:
(1) influence the independent exercise of the vote of
another in the presence of the ballot or during the voting process,
including by altering the ballot of another or by otherwise causing
a ballot to not reflect the intent of the voter;
(2) cause a voter to become registered, a ballot to be
obtained, or a vote to be cast under false pretenses;
(3) cause any false or intentionally misleading
statement, representation, or information to be provided:
(A) to an election official; or
(B) on an application to vote [for ballot] by
mail, carrier envelope, or any other official election-related form
or document;
(4) prevent a voter from casting a legal ballot in an
election in which the voter is eligible to vote;
(5) provide false information to a voter with the
intent of preventing the voter from voting in an election in which
the voter is eligible to vote;
(6) cause the ballot not to reflect the intent of the
voter;
(7) cause a ballot to be voted for another person that
the person knows to be deceased or otherwise knows not to be a
qualified or registered voter;
(8) cause or enable a vote to be cast more than once in
the same election; or
(9) discard or destroy a voter's completed ballot
without the voter's consent.
SECTION 2.089. Section 276.015(a)(2), Election Code, is
amended to read as follows:
(2) "Vote harvesting services" means in-person
interaction with one or more voters, in the physical presence of an
official ballot or a mail ballot [voted by mail], intended to
deliver votes for a specific candidate or measure.
SECTION 2.090. Section 276.015(e), Election Code, is
amended to read as follows:
(e) This section does not apply to:
(1) an activity not performed in exchange for
compensation or a benefit;
(2) interactions that do not occur in the presence of
the ballot or during the voting process;
(3) interactions that do not directly involve an
official ballot or mail ballot [by mail];
(4) interactions that are not conducted in-person with
a voter; or
(5) activity that is not designed to deliver votes for
or against a specific candidate or measure.
SECTION 2.091. Section 276.016(d), Election Code, is
amended to read as follows:
(d) Subsection (a)(4) does not apply if the public official
or election official engaged in the conduct described by Subsection
(a)(4) while lawfully assisting the applicant under Section 72.003
[84.003].
SECTION 2.092. The heading to Section 276.017, Election
Code, is amended to read as follows:
Sec. 276.017. UNLAWFUL DISTRIBUTION OF MAIL [EARLY VOTING]
BALLOTS AND BALLOTING MATERIALS.
SECTION 2.093. Section 276.017(a), Election Code, is
amended to read as follows:
(a) The county [early voting] clerk or other election
official commits an offense if the clerk or official knowingly
mails or otherwise provides a mail [an early voting] ballot [by
mail] or other [early voting by] mail ballot materials to a person
who the clerk or official knows did not submit an application [for a
ballot] to vote [be voted] by mail under Section 72.001 [84.001].
SECTION 2.094. Section 277.002(f), Election Code, is
amended to read as follows:
(f) The signer's residence address and the address listed on
the signer's registration are not required to be the same if the
signer is eligible to vote under Section 11.004 or 88.102
[112.002].
SECTION 2.095. Section 42.154(a), Local Government Code, is
amended to read as follows:
(a) The governing body of a municipality shall canvass the
election returns for an election held under this subchapter in
accordance with Chapter 94 [67], Election Code.
SECTION 2.096. Section 46.03(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm,
location-restricted knife, club, or prohibited weapon listed in
Section 46.05(a):
(1) on the premises of a school or postsecondary
educational institution, on any grounds or building owned by and
under the control of a school or postsecondary educational
institution and on which an activity sponsored by the school or
institution is being conducted, or in a passenger transportation
vehicle of a school or postsecondary educational institution,
whether the school or postsecondary educational institution is
public or private, unless:
(A) pursuant to written regulations or written
authorization of the school or institution; or
(B) the person possesses or goes with a concealed
handgun that the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, and no other weapon to which this
section applies, on the premises of a postsecondary educational
institution, on any grounds or building owned by and under the
control of the institution and on which an activity sponsored by the
institution is being conducted, or in a passenger transportation
vehicle of the institution;
(2) on the premises of a polling place or election
office on the day of an election, during the voting period, or while
activities related to [early] voting are [is] in progress;
(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport;
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited;
(7) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(8) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the person is a participant in the event and a
firearm, location-restricted knife, club, or prohibited weapon
listed in Section 46.05(a) is used in the event;
(9) on the premises of a correctional facility;
(10) on the premises of a civil commitment facility;
(11) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
facility licensed under Chapter 242, Health and Safety Code, unless
the person has written authorization of the hospital or nursing
facility administration, as appropriate;
(12) on the premises of a mental hospital, as defined
by Section 571.003, Health and Safety Code, unless the person has
written authorization of the mental hospital administration;
(13) in an amusement park; or
(14) in the room or rooms where a meeting of a
governmental entity is held, if the meeting is an open meeting
subject to Chapter 551, Government Code, and if the entity provided
notice as required by that chapter.
SECTION 2.097. Section 26.087(d), Water Code, is amended to
read as follows:
(d) Voting by mail [Absentee balloting] in the election
shall begin 10 days before the election and shall end as provided in
the Texas Election Code. The ballots for the election shall be
printed to provide for voting for or against the regional or
area-wide system to be operated by the designated regional entity.
SECTION 2.098. Section 49.103(h), Water Code, is amended to
read as follows:
(h) If authorized by the board in the proceedings calling a
director election, the secretary of the board or the secretary's
designee, on receipt of the certification required by Section
2.052(b), Election Code, shall post notice that the election is not
to be held. The notice must be posted, on or before the
commencement of the [early] voting period, at each polling place
that would have been used in the election. If the notice is timely
posted:
(1) the board or the board's designee is not required
to:
(A) post or publish notice of the election;
(B) prepare or print ballots and election
materials; or
(C) hold early and regular voting; and
(2) the board shall meet at the earliest practicable
time to declare each unopposed candidate elected to office.
SECTION 2.099. Section 49.108(g), Water Code, is amended to
read as follows:
(g) On or before the first day of the [for early] voting
period [by personal appearance] at an election held to authorize a
contract, a substantially final form of the contract must be filed
in the office of the district and must be open to inspection by the
public. The contract is not required to be attached as an exhibit
to the order calling the election to authorize the contract.
SECTION 2.100. Section 49.111(b), Water Code, is amended to
read as follows:
(b) A district eligible for the exemption under Subsection
(a) must publish notice in a newspaper of general circulation in an
area that includes the district or mail notice to each voter in the
district regarding the district's intention to hold an election
without providing a voting station that meets the requirements for
accessibility under 52 [42] U.S.C. Section 21081(a)(3)
[15481(a)(3)] on election day and during the voting period [for
early voting by personal appearance]. The notice must be published
or mailed not later than the later of:
(1) the 75th day before the date of the election; or
(2) the date on which the district adopts the order
calling the election.
SECTION 2.101. Section 49.112, Water Code, is amended to
read as follows:
Sec. 49.112. CANCELLATION OF ELECTION; REMOVAL OF BALLOT
MEASURE. Before the first day of the [early] voting period [by
personal appearance], the board by order or resolution may cancel
an election called at the discretion of the district or may remove
from the ballot a measure included at the discretion of the
district. A copy of the order or resolution must be posted during
the voting period [for early voting by personal appearance] and on
election day at each polling place that is used or that would have
been used in the election.
SECTION 2.102. Section 49.4645(b), Water Code, is amended
to read as follows:
(b) On or before the 10th day before the first day of the
[for early] voting period [by personal appearance] at an election
held to authorize the issuance of bonds for the development and
maintenance of recreational facilities, the board shall file in the
district office for review by the public a park plan covering the
land, improvements, facilities, and equipment to be purchased or
constructed and their estimated cost, together with maps, plats,
drawings, and data fully showing and explaining the park plan. The
park plan is not part of the proposition to be voted on, does not
create a contract with the voters, and may be amended at any time
after the election held to authorize the issuance of bonds for the
development and maintenance of recreational facilities provided
under the plan. The estimated cost stated in the amended park plan
may not exceed the amount of bonds authorized at that election.
SECTION 2.103. Sections 63.0895(c), (h), (i), and (r),
Water Code, are amended to read as follows:
(c) The commission shall give notice of the commissioners'
election in the manner provided by Section 63.093(a) of this code.
The notice must state the official mailing address to which voters
of the district may mail applications [for absentee ballots] to
vote [be voted] by mail. The notice shall be published once a week
for two consecutive weeks in a newspaper published in the district
or, if a newspaper is not published in the district, in a newspaper
of general circulation in the district. The first publication
shall be made not later than the 65th day nor earlier than the 70th
day before election day.
(h) The county election officer performs [is] the functions
of a county [absentee voting] clerk with regard to voting by mail
for the commissioners' election.
(i) An election officer, including a member of the mail
[absentee] ballot board, appointed to serve in the general election
for state and county officers shall serve in the same office in the
commissioners' election. A person who is eligible to serve as an
election officer in the general election for state and county
officers is eligible to serve in the same office in the
commissioners' election.
(r) The county election officer and election officers,
including members of the mail [absentee] ballot board, appointed to
serve in the general election for state and county officers, are
entitled to additional compensation for serving in the
commissioners' election only if additional compensation is
provided by the commission.
ARTICLE 3. REPEALER
SECTION 3.001. The following provisions of the Election
Code are repealed:
(1) Section 4.003(e);
(2) Section 32.002(c-1);
(3) Section 32.112;
(4) Section 32.114(e);
(5) Section 33.0016;
(6) Section 33.007(b);
(7) Sections 33.051(a-1) and (d);
(8) Section 33.053;
(9) Section 42.0051;
(10) Section 42.008;
(11) Section 42.009;
(12) Section 43.004(c);
(13) Section 43.007;
(14) Chapters 65, 66, 67, and 68;
(15) Title 7;
(16) Section 129.057; and
(17) Section 232.013(c).
ARTICLE 4. TRANSITION AND EFFECTIVE DATE
SECTION 4.001. The changes in law made by this Act apply
only to an election ordered on or after the effective date of this
Act. An election ordered before the effective date of this Act is
governed by the law in effect when the election was ordered.
SECTION 4.002. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.