reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter A. Appointment › Section 33.006. Certificate of Appointment

Sec. 33.006.  CERTIFICATE OF APPOINTMENT.  (a)  For an appointment of a watcher to be effective, the appointing authority must issue a certificate of appointment to the appointee.
(b)  A certificate of appointment must:
(1)  be in writing and signed by the appointing authority or, for an appointment for a write-in candidate under Section 33.004, by each of the voters making the appointment;
(2)  indicate the capacity in which the appointing authority is acting;
(3)  state the name, residence address, and voter registration number of the appointee and be signed by the appointee;
(4)  identify the election and the precinct polling place or other location at which the appointee is to serve;
(5)  in an election on a measure, identify the measure if more than one is to be voted on and state which side of the measure the appointee represents; and
(6)  contain an affidavit executed by the appointee stating that the appointee will not have possession of a device capable of recording images or sound or that the appointee will disable or deactivate the device while serving as a watcher.
(c)  In addition to complying with Subsection (b), a certificate issued to a watcher appointed for a write-in candidate under Section 33.004 must:
(1)  include the residence address and voter registration number of eligible signers in the required number;
(2)  include the signed statement of the candidate, or a person who would be authorized to make appointments on the candidate's behalf if the candidate's name appeared on the ballot, that the appointment is made with the signer's consent;  and
(3)  state the residence or office address of the signer under Subdivision (2) and the capacity in which the signer signs, if the statement is not signed by the candidate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 498, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 8, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 864, Sec. 34, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1349, Sec. 17, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 11, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter A. Appointment › Section 33.007. Number and Place of Service of Watchers

Sec. 33.007.  NUMBER AND PLACE OF SERVICE OF WATCHERS.  (a)  Each appointing authority may appoint not more than two watchers for each precinct polling place, meeting place for an early voting ballot board, or central counting station involved in the election.
(b)  Each appointing authority may appoint not more than seven watchers for each main or branch early voting polling place involved in the election.  Not more than two watchers appointed by the same authority may be on duty at the same early voting polling place at the same time.
(c)  In an election in which the election officers serving at a precinct polling place also serve as an early voting ballot board, a watcher who is appointed for the precinct polling place may observe the processing of early voting ballots by the early voting ballot board, or separate watchers may be appointed to observe only that activity.
(d)  The number of watchers accepted for service on each side of a measure may not exceed the number authorized by this section.  If the number of appointments exceeds the authorized number, the authority accepting the watchers for service shall accept the watchers in the order in which they present their certificates of appointment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.39;  Acts 1991, 72nd Leg., ch. 554, Sec. 10, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter A. Appointment › Section 33.008. Training Program

Sec. 33.008.  TRAINING PROGRAM.  The secretary of state shall develop and maintain a training program for watchers.  The training program must:
(1)  be available:
(A)  entirely via the Internet; and
(B)  at any time, without a requirement for prior registration; and
(2)  provide a watcher who completes the training with a certificate of completion.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.04, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter B. Eligibility › Section 33.031. General Eligibility Requirements

Sec. 33.031.  GENERAL ELIGIBILITY REQUIREMENTS.  (a)  To be eligible to serve as a watcher, a person must be a qualified voter:
(1)  of the county in which the person is to serve, in an election ordered by the governor or a county authority or in a primary election;
(2)  of the part of the county in which the election is held, in an election ordered by the governor or a county authority that does not cover the entire county of the person's residence;  and
(3)  of the political subdivision, in an election ordered by an authority of a political subdivision other than a county.
(b)  In addition to the requirements of Subsection (a), to be eligible to serve as a watcher, a person must complete training under Section 33.008.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 26(3), eff. September 1, 2009.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.05, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter B. Eligibility › Section 33.032. Ineligibility of Candidate for Public Office

Sec. 33.032.  INELIGIBILITY OF CANDIDATE FOR PUBLIC OFFICE.  (a)  A person is ineligible to serve as a watcher in an election if the person is a candidate for a public office in an election to be held on the same day.
(b)  In this section, "candidate" means a person who has taken affirmative action, as described by the law regulating political funds and campaigns, for the purpose of gaining nomination or election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter B. Eligibility › Section 33.033. Ineligibility of Employee or Relative of Election Officer

Sec. 33.033.  INELIGIBILITY OF EMPLOYEE OR RELATIVE OF ELECTION OFFICER.  (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, an early voting clerk, or a deputy clerk serving at that location.
(b)  For purposes of this section, a person is employed by an election officer in the same circumstances that a person is employed by a candidate under Section 32.054(b).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.40;  Acts 1991, 72nd Leg., ch. 554, Sec. 11, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 561, Sec. 16, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter B. Eligibility › Section 33.034. Ineligibility of Public Officer

Sec. 33.034.  INELIGIBILITY OF PUBLIC OFFICER.  (a)  A person who holds an elective public office is ineligible to serve as a watcher in an election.
(b)  For purposes of this section, a deputy or assistant serving under a public officer does not hold a public office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter B. Eligibility › Section 33.035. Ineligibility of Person Convicted of Election Offense

Sec. 33.035.  INELIGIBILITY OF PERSON CONVICTED OF ELECTION OFFENSE.  A person is ineligible to serve as a watcher in an election if the person has been finally convicted of an offense in connection with conduct directly attributable to an election.
Added by Acts 1997, 75th Leg., ch. 1349, Sec. 18, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter C. Service › Section 33.052. Hours of Service at Precinct Polling Place

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 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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 7, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 864, Sec. 36, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 254, Sec. 1, 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 697 (H.B. 1921), Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.002(2), eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 414 (H.B. 1631), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter C. Service › Section 33.053. Hours of Service at Early Voting Polling Place

Sec. 33.053.  HOURS OF SERVICE AT EARLY VOTING POLLING PLACE.  A watcher serving at an early voting polling place may be present at the polling place at any time it is open and until completion of the securing of any voting equipment used at the polling place that is required to be secured on the close of voting each day.  The watcher may serve during the hours the watcher chooses.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.42;  Acts 1991, 72nd Leg., ch. 554, Sec. 13, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, Sec. 37, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter C. Service › Section 33.054. Hours of Service at Early Voting Ballot Board Meeting or Signature Verification Committee Meeting

Sec. 33.054.  HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING.  (a)  A watcher serving at the meeting place of 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 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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.43;  Acts 1991, 72nd Leg., ch. 554, Sec. 14, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, Sec. 38, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 36, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter C. Service › Section 33.055. Hours of Service at Central Counting Station

Sec. 33.055.  HOURS OF SERVICE AT CENTRAL COUNTING STATION.  (a)  A watcher serving at a central counting station may be present at any time the station is open for the purpose of processing or preparing to process election results and until the election officers complete their duties at the station.  The watcher may serve during the hours the watcher chooses, except as provided by Subsection (b).
(b)  A watcher may not leave during voting hours on election day without the presiding judge's permission if the counting of ballots at the central counting station has begun.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 39, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter C. Service › Section 33.056. Observing Activity Generally

Sec. 33.056.  OBSERVING ACTIVITY GENERALLY.  (a)  Except as provided by Section 33.057, a watcher is entitled to observe any activity conducted at the location at which the watcher is serving.  A watcher is entitled to sit or stand near enough to see and hear the election officers conducting the observed activity, except as otherwise prohibited by this chapter.
(b)  A watcher is entitled to sit or stand near enough to the member of a counting team who is announcing the votes to verify that the ballots are read correctly or to a member who is tallying the votes to verify that they are tallied correctly.
(c)  A watcher is entitled to inspect the returns and other records prepared by the election officers at the location at which the watcher is serving.
(d)  A watcher may not be prohibited from making written notes while on duty.  Before permitting a watcher who made written notes at a precinct polling place to leave while the polls are open, the presiding officer may require the watcher to leave the notes with another person on duty at the polling place, selected by the watcher, for retention until the watcher returns to duty.
(e)  Except as provided by Section 33.057(b), a watcher may not be denied free movement where election activity is occurring within the location at which the watcher is serving.
(f)  In this code, a watcher who is entitled to "observe" an election activity is entitled to sit or stand near enough to see and hear the activity.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.07, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter C. Service › Section 33.057. Observing Preparation of Voter's Ballot

Sec. 33.057.  OBSERVING PREPARATION OF VOTER'S BALLOT.  (a)  A watcher is entitled to be present at the voting station when a voter is being assisted by an election officer, and the watcher is entitled to examine the ballot before it is deposited in the ballot box to determine whether it is prepared in accordance with the voter's wishes.
(b)  A watcher may not be present at the voting station when a voter is preparing the voter's ballot or is being assisted by a person of the voter's choice.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 40, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter C. Service › Section 33.058. Restrictions on Watcher's Activities

Sec. 33.058.  RESTRICTIONS ON WATCHER'S ACTIVITIES.  (a)  While on duty, a watcher may not:
(1)  converse with an election officer regarding the election, except to call attention to an irregularity or violation of law;
(2)  converse with a voter;  or
(3)  communicate in any manner with a voter regarding the election.
(b)  A watcher may call the attention of an election officer to any occurrence that the watcher believes to be an irregularity or violation of law and may discuss the matter with the officer.  An officer may refer the watcher to the presiding officer at any point in the discussion.  In that case, the watcher may not discuss the occurrence further with the subordinate officer unless the presiding officer invites the discussion.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter C. Service › Section 33.059. Observing Securing of Voting System Equipment Before Election

Sec. 33.059.  OBSERVING SECURING OF VOTING SYSTEM EQUIPMENT BEFORE ELECTION.  (a)  A watcher appointed to serve at a polling place in an election using voting system equipment that is required to be delivered to the polling place in a secured condition is entitled to observe the inspection and securing of the equipment in the jurisdiction of the authority responsible for distributing election supplies to the polling place at which the watcher is appointed to serve.
(b)  On request of a watcher, the authority responsible for distributing the election supplies shall inform the watcher of the place, date, and hour of the inspection.  A watcher shall be admitted on presentation of a certificate of appointment.  The person admitting the watcher shall return the certificate to the watcher.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter C. Service › Section 33.060. Observing Delivery of Election Records

Sec. 33.060.  OBSERVING DELIVERY OF ELECTION RECORDS.  (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 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.
(b)  If delivery is made in a vehicle, an election officer complies with this section if the officer permits the watcher to follow in a different vehicle and drives in a manner that enables the watcher to keep the vehicle in sight.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.44;  Acts 1991, 72nd Leg., ch. 554, Sec. 15, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter C. Service › Section 33.0605. Observing Data Storage Sealing and Transfer

Sec. 33.0605.  OBSERVING DATA STORAGE SEALING AND TRANSFER.  (a) A watcher appointed to serve at a polling place in an election who is available at the time of the action may observe all election activities relating to closing the polling place, including the sealing and transfer of a memory card, flash drive, hard drive, data storage device, or other medium now existing or later developed used by the voting system equipment.
(b)  Notwithstanding any other provision of this code, a watcher duly accepted for service at a polling location is entitled to follow the transfer of election materials from the polling place at which the watcher was accepted to a regional tabulating center, the central counting station, or any other location designated to process election materials.  The authority responsible for administering a regional tabulating center or another location where election materials are processed must accept duly appointed watchers for service in the same manner a watcher is accepted for service under Section 33.051 and must accept the same number of watchers that may serve under Section 33.007(a).
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.08, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter C. Service › Section 33.061. Unlawfully Obstructing Watcher

Sec. 33.061.  UNLAWFULLY OBSTRUCTING WATCHER.  (a)  A person commits an offense if the person serves in an official capacity at a location at which the presence of watchers is authorized and knowingly prevents a watcher from observing an activity or procedure the person knows the watcher is entitled to observe, including by taking any action to obstruct the view of a watcher or distance the watcher from the activity or procedure to be observed in a manner that would make observation not reasonably effective.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.09, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter C. Service › Section 33.063. Relief

Sec. 33.063.  RELIEF.  The appointing authority for a watcher who believes that the watcher was unlawfully prevented or obstructed from the performance of the watcher's duties may seek:
(1)  injunctive relief under Section 273.081, including issuance of temporary orders;
(2)  a writ of mandamus under Section 161.009 or 273.061; and
(3)  any other remedy available under law.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.10, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 34 - State Inspectors › Section 34.001. Appointment of State Inspectors

Sec. 34.001.  APPOINTMENT OF STATE INSPECTORS.  (a)  The secretary of state may appoint one or more state inspectors for an election.
(b)  The secretary of state shall appoint one or more inspectors for an election if the secretary receives a written request for the appointment from 15 or more registered voters:
(1)  of the county for which the inspector is requested, for an election ordered by the governor or a county authority or for a primary election;  or
(2)  of the political subdivision in which the election specified by the request is held, for an election ordered by an authority of a political subdivision other than a county.
(c)  A request under Subsection (b) must be received by the secretary of state not later than the fourth regular business day before the date of the election for which the inspectors are requested.  The request is not available for public inspection until the day after election day.
(d)  State inspectors are responsible to the secretary of state and subject to the secretary's direction.  The secretary may terminate an appointment at any time.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 10, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 864, Sec. 41, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1349, Sec. 19, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 34 - State Inspectors › Section 34.002. Duties and Privileges

Sec. 34.002.  DUTIES AND PRIVILEGES.  (a)  Except as provided by Subsection (b), a state inspector is entitled to be present at and observe any function or activity at a polling place, central counting station, place of canvass, or other place at which official election or voter registration functions or activities take place.  An inspector may take reasonable steps to obtain evidence of the manner in which a function or activity is being performed.
(b)  A state inspector may not observe the preparation of the ballot of a voter not being assisted by an election officer.
(c)  A state inspector shall report to the secretary of state any violation of law that the inspector observes.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 34 - State Inspectors › Section 34.003. Travel Expenses

Sec. 34.003.  TRAVEL EXPENSES.  Subject to specific legislative appropriation, the secretary of state may reimburse state inspectors for travel expenses in an amount determined by the secretary but not to exceed travel expenses allowable to state employees generally.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 34 - State Inspectors › Section 34.004. Inspections by Secretary of State

Sec. 34.004.  INSPECTIONS BY SECRETARY OF STATE.  The secretary of state or a member of the secretary's staff may make inspections in the same manner as state inspectors whether or not a violation of election laws is suspected.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 34 - State Inspectors › Section 34.005. Action by Secretary of State

Sec. 34.005.  ACTION BY SECRETARY OF STATE.  (a)  The secretary of state may refer a reported violation of law for appropriate action to the attorney general, if the attorney general has jurisdiction, or to a prosecuting attorney having jurisdiction.
(b)  If the secretary of state believes that a state inspector was unlawfully prevented or obstructed from the performance of the inspector's duties, the secretary of state may seek:
(1)  injunctive relief under Section 273.081, including issuance of temporary orders;
(2)  a writ of mandamus under Section 161.009 or 273.061; and
(3)  any other remedy available under law.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.11, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 41 - Election Dates and Hours for Voting › Subchapter A. Election Dates › Section 41.001. Uniform Election Dates

Sec. 41.001.  UNIFORM ELECTION DATES.
(a)  Except as otherwise provided by this subchapter, each general or special election in this state shall be held on one of the following dates:
(1)  the first Saturday in May in an odd-numbered year;
(2)  the first Saturday in May in an even-numbered year, for an election held by a political subdivision other than a county, or ordered by the governor; or
(3)  the first Tuesday after the first Monday in November.
(b)  Subsection (a) does not apply to:
(1)  a runoff election;
(2)  an election to resolve a tie vote;
(3)  an election held under an order of a court or other tribunal;
(4)  an emergency election ordered under Section 41.0011 or any resulting runoff;
(5)  an expedited election to fill a vacancy in the legislature held under Section 203.013;
(6)  an election held under a statute that expressly provides that the requirement of Subsection (a) does not apply to the election; or
(7)  the initial election of the members of the governing body of a newly incorporated city.
(c)  Except for an election under Subsection (a) or Section 41.0011 or a runoff election following an election held under Subsection (a)(2), an election may not be held within 30 days before or after the date of the general election for state and county officers, general primary election, or runoff primary election.
(d)  Notwithstanding Section 31.093, a county elections administrator is not required to enter into a contract to furnish election services for an election held on the date described by Subsection (a)(2).
(e)  Repealed by Acts 2005, 79th Leg., Ch. 471, Sec. 9, eff. October 1, 2005.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 7, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., 2nd C.S, ch. 60, Sec. 1, eff. Oct. 20, 1987;  Acts 1991, 72nd Leg., ch. 389, Sec. 2, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 467, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1219, Sec. 3, eff. June 20, 1997;  Acts 1997, 75th Leg., ch. 1349, Sec. 20, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 19.01(15), eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 340, Sec. 2, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1315, Sec. 14, eff. Jan. 1, 2004;  Acts 2003, 78th Leg., 3rd C.S., ch. 1, Sec. 1, eff. Jan. 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 471 (H.B. 57), Sec. 1, eff. October 1, 2005.
Acts 2005, 79th Leg., Ch. 471 (H.B. 57), Sec. 2, eff. October 1, 2005.
Acts 2005, 79th Leg., Ch. 471 (H.B. 57), Sec. 9, eff. October 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 519 (H.B. 2144), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 4, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 558 (H.B. 2354), Sec. 1, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 37, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 41 - Election Dates and Hours for Voting › Subchapter A. Election Dates › Section 41.0011. Emergency Requiring Early Election

Sec. 41.0011.  EMERGENCY REQUIRING EARLY ELECTION.  (a)  If the governor determines that an emergency warrants holding a special election before the appropriate uniform election date, the election may be held on an earlier nonuniform date.
(b)  An authority of a political subdivision desiring to order a special election as an emergency election under this section must ask the governor for permission to do so.  If the governor determines that an emergency exists, the governor shall grant permission.
(c)  The proclamation or order for an emergency election under this section must include a statement identifying the nature of the emergency.
Added by Acts 1991, 72nd Leg., ch. 389, Sec. 2, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 41 - Election Dates and Hours for Voting › Subchapter A. Election Dates › Section 41.002. General Election for State and County Officers

Sec. 41.002.  GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.  The general election for state and county officers shall be held on the first Tuesday after the first Monday in November in even-numbered years.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 41 - Election Dates and Hours for Voting › Subchapter A. Election Dates › Section 41.004. Special Election Within Particular Period

Sec. 41.004.  SPECIAL ELECTION WITHIN PARTICULAR PERIOD.  (a)  If a law outside this code other than the constitution requires a special election subject to Section 41.001(a) to be held within a particular period after the occurrence of a certain event, the election shall be held on an authorized uniform election date occurring within the period unless no uniform election date within the period affords enough time to hold the election in the manner required by law.  In that case, the election shall be held on the first authorized uniform election date occurring after the expiration of the period.
(b)  If the constitution requires a special election to be held within a particular period after the occurrence of a certain event, Section 41.001(a) does not apply.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 41 - Election Dates and Hours for Voting › Subchapter A. Election Dates › Section 41.0041. Election on Measure After Particular Period

Sec. 41.0041.  ELECTION ON MEASURE AFTER PARTICULAR PERIOD.  (a)  If a law outside this code other than the constitution prohibits another election from being held on the same or a similar measure for a specified number of years after an election on a measure, a subsequent election on the measure may be held on the corresponding uniform election date in the appropriate year, regardless of the fact that the date falls a number of days short of the requisite period.
(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1235, Sec. 26(4), eff. September 1, 2009.
Added by Acts 1991, 72nd Leg., ch. 389, Sec. 2, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 26(4), eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 41 - Election Dates and Hours for Voting › Subchapter A. Election Dates › Section 41.005. General Election of Political Subdivision Other Than County

Sec. 41.005.  GENERAL ELECTION OF POLITICAL SUBDIVISION OTHER THAN COUNTY.  (a)  This section does not apply to a general election for county officers.
(b)  If a law outside this code requires the general election for officers of a political subdivision to be held on a date other than a uniform election date, the governing body of the political subdivision shall set the election date to comply with this subchapter.
(c)  A governing body changing an election date under this section shall adjust the terms of office to conform to the new election date.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 389, Sec. 3, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 41 - Election Dates and Hours for Voting › Subchapter A. Election Dates › Section 41.006. Adjusting Election Schedule

Sec. 41.006.  ADJUSTING ELECTION SCHEDULE.  If under this subchapter an election is held on a date other than a date prescribed by other law, the date for a runoff election, the deadline for filing for candidacy, and the schedule for canvassing election returns, declaring results, or performing any other official act relating to the election shall be adjusted to allow the same interval of time in relation to the date of the election as would be provided by application of the other law.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 41 - Election Dates and Hours for Voting › Subchapter A. Election Dates › Section 41.007. Primary Elections

Sec. 41.007.  PRIMARY ELECTIONS.  (a)  The general primary election date is the first Tuesday in March in each even-numbered year.
(b)  The runoff primary election date is the fourth Tuesday in May following the general primary election.
(c)  The presidential primary election date is the first Tuesday in March in each presidential election year.
(d)  No other election may be held on the date of a primary election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 1, eff. Sept. 1, 1987;  Acts 2003, 78th Leg., ch. 292, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1315, Sec. 16, eff. Jan. 1, 2004;  Acts 2003, 78th Leg., 3rd C.S., ch. 1, Sec. 2, eff. Jan. 11, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 41 - Election Dates and Hours for Voting › Subchapter A. Election Dates › Section 41.008. Effect of Holding Election on Improper Date

Sec. 41.008.  EFFECT OF HOLDING ELECTION ON IMPROPER DATE.  An election held on a date not permitted by this subchapter is void.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 41 - Election Dates and Hours for Voting › Subchapter B. Hours for Voting › Section 41.031. Voting Hours

Sec. 41.031.  VOTING HOURS.  (a)  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.
(b)  Voting may not be conducted after the time for closing the polls except as provided by Section 41.032.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 48, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 41 - Election Dates and Hours for Voting › Subchapter B. Hours for Voting › Section 41.032. Voting After Polls Close

Sec. 41.032.  VOTING AFTER POLLS CLOSE.  (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 7 p.m.
(b)  If voters are waiting to enter the polling place at closing time, the presiding judge shall direct them to enter the polling place and shall close it to others.  However, if that procedure is impracticable, at closing time the presiding judge shall distribute numbered identification cards to the waiting voters and permit entry into the polling place for voting after closing time only by those possessing a card.
(c)  The presiding judge shall take the precautions necessary to prevent voting after closing time by persons who are not entitled to do so.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 41 - Election Dates and Hours for Voting › Subchapter B. Hours for Voting › Section 41.033. Early Closing of Certain Polls

Sec. 41.033.  EARLY CLOSING OF CERTAIN POLLS.  Notwithstanding Section 41.031(a), an entity created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, may close the polls before 7 p.m. in an election held by the entity if:
(1)  the entity has fewer than 50 qualified voters;  and
(2)  the number of ballots cast in the election equals the number of qualified voters.
Added by Acts 1997, 75th Leg., ch. 1070, Sec. 49, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter A. County Election Precincts › Section 42.001. Precincts Established by Commissioners Court

Sec. 42.001.  PRECINCTS ESTABLISHED BY COMMISSIONERS COURT.  (a)  Each commissioners court by order shall divide all the territory of the county into county election precincts in accordance with this subchapter.  The precincts must be compact and contiguous.
(b)  In a county with a population of more than 175,000, in establishing a county election precinct, the commissioners court shall consider  the availability of buildings to use as polling places so that a voter of the precinct will not have to travel more than 25 miles from the voter's residence to reach the polling place for the precinct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 114, Sec. 6, eff. Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 742 (H.B. 2759), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter A. County Election Precincts › Section 42.002. Required Use of County Precincts

Sec. 42.002.  REQUIRED USE OF COUNTY PRECINCTS.  (a)  The county election precincts are the election precincts for the following elections:
(1)  the general election for state and county officers;
(2)  a special election ordered by the governor;
(3)  a primary election;
(4)  a countywide election ordered by the commissioners court, county judge, or other county authority, except an election subject to Section 42.062(2); and
(5)  as provided by Section 42.0621, any other election held by a political subdivision on a uniform election date.
(b)  Except as provided by Sections 42.008 and 42.009, county election precincts may not be consolidated for an election.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1085 (H.B. 1888), Sec. 7(1), eff. September 1, 2019.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 114, Sec. 6, eff. Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 1042 (H.B. 1209), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1261 (H.B. 2926), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 711 (H.B. 2847), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 549 (H.B. 2027), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1085 (H.B. 1888), Sec. 7(1), eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter A. County Election Precincts › Section 42.003. Boundary Description

Sec. 42.003.  BOUNDARY DESCRIPTION.  Each county election precinct must be described by natural or artificial boundaries or by survey lines.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter A. County Election Precincts › Section 42.004. Precinct Identification

Sec. 42.004.  PRECINCT IDENTIFICATION.  The commissioners court shall identify each county election precinct by a number.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter A. County Election Precincts › Section 42.005. Relationship to Districts and Justice and Commissioners Precincts

Sec. 42.005.  RELATIONSHIP TO DISTRICTS AND JUSTICE AND COMMISSIONERS PRECINCTS.
(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.
(b)  If application of this section conflicts with application of Section 42.006, this section prevails.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 143, Sec. 4, eff. May 24, 2013.
(d)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 143, Sec. 4, eff. May 24, 2013.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 4(a), eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 114, Sec. 7, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 143 (H.B. 1164), Sec. 1, eff. May 24, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 143 (H.B. 1164), Sec. 2, eff. May 24, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 143 (H.B. 1164), Sec. 4, eff. May 24, 2013.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter A. County Election Precincts › Section 42.0051. Combining Certain Precincts

Sec. 42.0051.  COMBINING CERTAIN PRECINCTS.  (a)  This section applies only to a county with a population of less than 1.2 million that does not participate in the countywide polling place program described by Section 43.007.
(a-1)  In a general or special election for which use of county election precincts is required, the commissioner's court may, on the recommendation of the county election board, combine county election precincts notwithstanding Section 42.005 if:
(1)  the commissioners court cannot secure a suitable polling place location under Section 43.031; and
(2)  the location of the combined polling place adequately serves the voters of the combined precinct.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 1085 (S.B. 924), Sec. 3, eff. September 1, 2023.
(c)  A combined precinct under this section may not contain more than 10,000 registered voters.
(d)  A combined precinct may not be established if it:
(1)  results in a dilution of voting strength of a group covered by the federal Voting Rights Act (42 U.S.C. Section 1973c et seq.);
(2)  results in a dilution of representation of a group covered by the Voting Rights Act in any political or electoral process or procedure;  or
(3)  results in discouraging participation by a group covered by the Voting Rights Act in any political or electoral process or procedure because of the location of a polling place or other factors.
Added by Acts 1993, 73rd Leg., ch. 205, Sec. 1, eff. May 19, 1993.  Amended by Acts 1997, 75th Leg., ch. 1350, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1085 (S.B. 924), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1085 (S.B. 924), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter A. County Election Precincts › Section 42.006. Population Requirements

Sec. 42.006.  POPULATION REQUIREMENTS.  (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.
(b)  For an election precinct in a county with a population under 100,000, the minimum number of registered voters the precinct may contain is 50, except as provided by Subsection (c).
(c)  In a county with a population under 50,000, a county election precinct may contain fewer than 50 registered voters if the commissioners court receives a written petition, signed by at least 25 registered voters of the county, requesting establishment or continuation of the precinct.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 5.001, eff. September 1, 2007.
(e)  In computing a number of registered voters under this section, voters whose names appear on the list of registered voters with the notation "S", or a similar notation, shall be excluded.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 8, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 797, Sec. 36, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 742 (H.B. 2759), Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.11(a), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.11(b), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 5.001, eff. September 1, 2007.
Acts 2023, 88th Leg., R.S., Ch. 1085 (S.B. 924), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter A. County Election Precincts › Section 42.007. Combining Incorporated and Unincorporated Territory

Sec. 42.007.  COMBINING INCORPORATED AND UNINCORPORATED TERRITORY.  A commissioners court may not establish a county election precinct containing territory inside a city with a population of 10,000 or more and unincorporated territory outside that city unless the commissioners court determines that either of the two areas:
(1)  cannot constitute a separate election precinct of suitable size or shape that contains the permissible number of voters;  or
(2)  cannot be combined with other territory on the same side of the city boundary to form an election precinct of a suitable size or shape that contains the permissible number of voters without causing another election precinct to fail to meet those requirements.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter A. County Election Precincts › Section 42.008. Consolidating Precincts in Special Election

Sec. 42.008.  CONSOLIDATING PRECINCTS IN SPECIAL ELECTION.  (a)  In a special election for which use of county election precincts is required, the commissioners court may consolidate, on the recommendation of the county election board, two or more county election precincts into a single precinct if the polling place is located so it will adequately serve the voters of the consolidated precinct.
(b)  If county election precincts are consolidated for a countywide election, at least one consolidated precinct must be situated wholly within each commissioners precinct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 277, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter A. County Election Precincts › Section 42.009. Consolidating Precincts in Primary Election

Sec. 42.009.  CONSOLIDATING PRECINCTS IN PRIMARY ELECTION.  The county executive committee of a political party holding a primary election may order two or more county election precincts consolidated into a single precinct if the polling place is located so it will adequately serve the voters of the consolidated precinct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 479, Sec. 3, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 974 (H.B. 1528), Sec. 1, eff. September 1, 2011.