reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter A. General Provisions › Section 61.011. Removing Written Communications Found in Polling Place

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).
Added by Acts 1997, 75th Leg., ch. 112, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter A. General Provisions › Section 61.012. Access by Persons With Disabilities

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 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.
(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1182, Sec. 4, eff. June 15, 2007.
Acts 2003, 78th Leg., ch. 1315, Sec. 20, eff. Jan. 1, 2004.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 11.02, eff. May 31, 2006.
Acts 2007, 80th Leg., R.S., Ch. 1182 (H.B. 556), Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1182 (H.B. 556), Sec. 4, eff. June 15, 2007.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter A. General Provisions › Section 61.014. Use of Certain Devices

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.
Added by Acts 2007, 80th Leg., R.S., Ch. 697 (H.B. 1921), Sec. 1, eff. September 1, 2007.
Renumbered from Election Code, Section 61.013 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(12), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 175 (H.B. 1493), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter B. Interpreter › Section 61.031. Use of English Language

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter B. Interpreter › Section 61.032. Interpreter Permitted

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 556 (S.B. 331), Sec. 1, eff. June 14, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter B. Interpreter › Section 61.033. Eligibility to Serve as Interpreter

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 556 (S.B. 331), Sec. 2, eff. June 14, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter B. Interpreter › Section 61.034. Translating Ballot

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 556 (S.B. 331), Sec. 3, eff. June 14, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter B. Interpreter › Section 61.035. Oath

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 556 (S.B. 331), Sec. 4, eff. June 14, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter B. Interpreter › Section 61.036. Translation Required

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.001. Officers to Assemble

Sec. 62.001.  OFFICERS TO ASSEMBLE.  (a)  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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2001, 77th Leg., ch. 802, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.002. Time for Completing Arrangements

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.003. Election Officers: Oath and Identification

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 984 (H.B. 2110), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 984 (H.B. 2110), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.004. Arranging Voting Stations

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.005. Examining Ballot Boxes

Sec. 62.005.  EXAMINING BALLOT BOXES.  An election officer shall open and examine the ballot boxes and remove any contents from the boxes.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.006. Placing Box for Deposit of Marked Ballots

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1078, Sec. 4, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 21, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.007. Examining Ballots

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.008. Presiding Judge to Sign Ballots

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.009. Disarranging Ballots for Voters' Selection

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1078, Sec. 6, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 22, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.010. Distance Marker

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."
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.011. Instruction Poster

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 23, eff. Jan. 1, 2004.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 3, eff. September 1, 2020.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.0111. Notice of Prohibition of Certain Devices

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.
Added by Acts 2007, 80th Leg., R.S., Ch. 697 (H.B. 1921), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.002(3), eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.0112. Notice of Voter Complaint Information

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 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 358 (H.B. 1256), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.0115. Public Notice of Voters' Rights

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 at any early voting 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; 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.
Added by Acts 2005, 79th Leg., Ch. 510 (H.B. 719), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.012. Posting Sample Ballot

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 24, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.013. Unauthorized Posting of Signs Prohibited

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.014. Modification of List of Registered Voters

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.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 560 , Sec. 2, eff. September 1, 2015.
(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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.49;  Acts 1991, 72nd Leg., ch. 554, Sec. 20, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, Sec. 26, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 560 (H.B. 2366), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.015. Placing Indelible Marking Instrument in Station

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 5(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 62 - Preliminary Arrangements › Section 62.016. Notice of Acceptable Identification Outside Polling Places

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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 8, eff. January 1, 2012.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.0011. Statement of Residence Required

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.
(c-1)  The statement described by Subsection (c) must include a field for the voter to enter the voter's current county of residence.
(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.
(e)  The voter registrar shall retain each statement of residence on file with the voter's voter registration application.
(f)  Information included on a statement of residence under Subsection (c)(2) is subject to Section 13.004(c).
Added by Acts 1995, 74th Leg., ch. 797, Sec. 39, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 594 (H.B. 41), Sec. 7, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 927 (H.B. 3069), Sec. 3, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 10, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 8, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 41, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.0013. False Statement on Declaration of Reasonable Impediment

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 410 (S.B. 5), Sec. 3, eff. January 1, 2018.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.0015. Accepting Voters With Certain Disabilities

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 980 (H.B. 658), Sec. 1, eff. September 1, 2017.
Redesignated from Election Code, Section 63.0013 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(10), eff. September 1, 2019.
Redesignated and amended by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.002(4), eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1066 (S.B. 477), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.002. Signature Roster

Sec. 63.002.  SIGNATURE ROSTER.  (a)  A signature roster shall be maintained by an election officer at the polling place.
(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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 55, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1000 (H.B. 2373), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.003. Poll List

Sec. 63.003.  POLL LIST.  (a)  A poll list shall be maintained by an election officer at the polling place.
(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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 916 (H.B. 4130), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.004. Combination Form

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 410 (S.B. 5), Sec. 4, eff. January 1, 2018.
Acts 2019, 86th Leg., R.S., Ch. 916 (H.B. 4130), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.005. Registration Omissions List

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 42, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.0051. Confirming Registration Status of Voter

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 42, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.006. Voter With Required Documentation Who Is Not on List

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 57, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 12, eff. January 1, 2012.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.009. Voter Without Certificate Who Is Not on 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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 14, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1078, Sec. 8, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1349, Sec. 28, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 26, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 13, eff. January 1, 2012.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.0101. Documentation of Proof of Identification

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.
Added by Acts 1997, 75th Leg., ch. 1078, Sec. 10, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1349, Sec. 30, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 27, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 14, eff. January 1, 2012.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 9, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 410 (S.B. 5), Sec. 5, eff. January 1, 2018.
Acts 2021, 87th Leg., R.S., Ch. 1023 (H.B. 368), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.0102. Use of Certain Electronically Readable Information

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.
Added by Acts 2005, 79th Leg., Ch. 1189 (H.B. 178), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.011. Provisional Voting

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.
(a-1)  A person to whom the early voting clerk was required to provide an early voting ballot by mail under Section 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.
(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.
(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.
(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.
(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.
(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.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 28, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1078 (H.B. 2823), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 15, eff. January 1, 2012.
Acts 2011, 82nd Leg., R.S., Ch. 1002 (H.B. 2194), Sec. 9, eff. January 1, 2012.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.0111. Offenses Related to Provisional Voting

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.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 7.01, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 63 - Accepting Voter › Section 63.012. Unlawfully Accepting or Refusing to Accept Voter

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 29, eff. Jan. 1, 2004.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 410 (S.B. 5), Sec. 6, eff. January 1, 2018.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter A. Voting Generally › Section 64.001. Voter to Select and Prepare Ballot

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1078, Sec. 11, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 30, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter A. Voting Generally › Section 64.002. Occupancy of Voting Station

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 16, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 864, Sec. 61, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter A. Voting Generally › Section 64.003. Marking the Ballot for Candidate on Ballot

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter A. Voting Generally › Section 64.005. Marking the Ballot for Write-in Candidate

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter A. Voting Generally › Section 64.006. Marking the Ballot for Measure

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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.