reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter B. Delivering Materials to Board › Section 87.023. Time of Delivery: Automatically Counted Ballots

Sec. 87.023.  TIME OF DELIVERY:  AUTOMATICALLY COUNTED BALLOTS.  (a)  In an election in which early voting ballots are to be counted by automatic tabulating equipment at a central counting station, the ballots voted by mail to be automatically counted may be delivered to the board between the end of the period for early voting by personal appearance and the closing of the polls on election day, or as soon after closing as practicable, at intervals specified by the presiding judge of the board.
(b)  The early voting clerk shall post notice of each delivery of ballots under this section that is to be made before the time for opening the polls on election day.  The notice shall be posted at the main early voting polling place continuously for at least 24 hours immediately preceding the delivery.
(c)  At least 24 hours before the first delivery of ballots covered by Subsection (b), the early voting clerk shall notify the county chair of each political party having a nominee on the ballot of the time the first delivery is to be made.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.15;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, Sec. 79, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 20, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter B. Delivering Materials to Board › Section 87.024. Time of Delivery: Voting Machine Election

Sec. 87.024.  TIME OF DELIVERY:  VOTING MACHINE ELECTION.  (a)  In an election in which early voting votes by personal appearance are cast on voting machines, the jacket envelopes containing the early voting ballots voted by mail may be delivered to the board between the end of the period for early voting by personal appearance and the closing of the polls on election day, or as soon after closing as practicable, at a time specified by the presiding judge of the board.
(b)  The early voting clerk shall post notice of the delivery of materials under this section that is to be made before the time for opening the polls on election day.  The notice shall be posted at the main early voting polling place continuously for at least 24 hours immediately preceding the delivery.
(c)  At least 24 hours before the delivery, the early voting clerk shall notify the county chair of each political party having a nominee on the ballot of the time the delivery is to be made.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.15;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, Sec. 80, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter B. Delivering Materials to Board › Section 87.0241. Processing Ballots Before Polls Open

Sec. 87.0241.  PROCESSING BALLOTS BEFORE POLLS OPEN.  (a)  The early voting ballot board shall make its determination whether to accept early voting ballots voted by mail in accordance with Section 87.041 after the ballots are delivered to the board.
(b)  The board may not count early voting ballots until:
(1)  the polls open on election day; or
(2)  in an election conducted by an authority of a county with a population of 100,000 or more, or conducted jointly with such a county or conducted with such a county through a contract for election services, the end of the period for early voting by personal appearance.
(c)  The secretary of state shall prescribe any procedures necessary for implementing this section.
Added by Acts 1991, 72nd Leg., ch. 203, Sec. 1.23.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 39, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1316, Sec. 25, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 63, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1167 (S.B. 1599), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter B. Delivering Materials to Board › Section 87.025. Delivering Second Ballot Box Key to Board

Sec. 87.025.  DELIVERING SECOND BALLOT BOX KEY TO BOARD.  On request of the presiding officer of the early voting ballot board, the custodian of the key to the second lock on the early voting ballot boxes shall deliver the custodian's key for each box to the presiding officer.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.15;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, Sec. 81, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter B. Delivering Materials to Board › Section 87.026. Bystanders Excluded

Sec. 87.026.  BYSTANDERS EXCLUDED. (a) Except as permitted by this code and as described by Subsection (b), a person may not be in the meeting place of an early voting ballot board during the time of the board's operations.
(b)  Under this code, a person may be lawfully present in the meeting place of an early voting ballot board during the time of the board's operations if the person is:
(1)  a presiding judge or member of the board;
(2)  a watcher;
(3)  a state inspector;
(4)  a voting system technician, as authorized by Section 125.010;
(5)  the county election officer, as defined by Section 31.091, as necessary to perform tasks related to the administration of the election; or
(6)  a person whose presence has been authorized by the presiding judge in accordance with this code.
Added by Acts 1987, 70th Leg., ch. 472, Sec. 33, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.15;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 454 (H.B. 1128), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter B. Delivering Materials to Board › Section 87.0272. Training

Sec. 87.0272.  TRAINING.  The secretary of state shall provide a standardized training program and materials for members of a signature verification committee in the same manner it provides such a program under Subchapter F, Chapter 32.
Added by Acts 2023, 88th Leg., R.S., Ch. 415 (H.B. 1632), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter B. Delivering Materials to Board › Section 87.028. Access to Information

Sec. 87.028.  ACCESS TO INFORMATION.  (a) On request, a county election official shall provide to a member of an early voting ballot board all available information necessary to fulfilling the functions of the board, including any information from the statewide computerized voter registration list under Section 18.061.
(b)  On request, a county election official shall provide to a member of a signature verification committee all available information necessary to fulfilling the functions of the committee, including any information from the statewide computerized voter registration list under Section 18.061.
(c)  The secretary of state shall adopt rules as necessary to prevent a member of an early voting ballot board or signature verification committee from retaining or sharing personally identifiable information from the statewide computerized voter registration list under Section 18.061 obtained under this section for any reason unrelated to the official's official duties.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 2.09, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter C. Accepting Early Voting Ballot Voted by Mail › Section 87.042. Disposition of Accepted Ballot

Sec. 87.042.  DISPOSITION OF ACCEPTED BALLOT.  (a)  The early voting ballot board shall open each carrier envelope containing an accepted ballot without defacing the certificate on the carrier envelope and remove the ballot envelope from the carrier envelope.
(b)  Except as provided by Subsection (c), the board shall place the ballot envelope containing an accepted ballot in the ballot box containing the early voting ballots voted by personal appearance.
(c)  The ballot envelope must be placed in a separate container if:
(1)  the ballots are to be counted at a central counting station; or
(2)  the procedure for counting the early voting votes cast by personal appearance is different from that for counting the votes cast by mail.
(d)  An accepted ballot that was not returned in the official ballot envelope shall be treated as an accepted ballot that was returned in the ballot envelope.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.17;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.20, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter C. Accepting Early Voting Ballot Voted by Mail › Section 87.043. Disposition of Rejected Ballot

Sec. 87.043.  DISPOSITION OF REJECTED BALLOT.  (a)  The early voting ballot board shall place the carrier envelopes containing rejected ballots in an envelope and shall seal the envelope.  More than one envelope may be used if necessary.  The board shall keep a record of the number of rejected ballots in each envelope.
(b)  The envelope for the rejected ballots must indicate the date and identity of the election and must be labeled "rejected early voting ballots" and signed by the board's presiding judge.
(c)  A board member shall deliver the envelope containing the rejected ballots to the general custodian of election records to be preserved for the period for preserving the precinct election records.  The envelope may not be placed in the box containing the voted ballots.
(d)  A notation must be made on the carrier envelope of any ballot that was rejected after the carrier envelope was opened and include the reason the envelope was opened and the ballot was rejected.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 8(c), eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.17;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 12, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter C. Accepting Early Voting Ballot Voted by Mail › Section 87.0431. Notice of Rejected Ballot

Sec. 87.0431.  NOTICE OF REJECTED BALLOT.  (a)  Not later than the 10th day after election day, the presiding judge of the early voting ballot board shall deliver written notice of the reason for the rejection of a ballot to the voter at the residence address on the ballot application.  If the ballot was transmitted to the voter by e-mail under Subchapter C, Chapter 101, the presiding judge shall also provide the notice to the e-mail address to which the ballot was sent.
(b)  The early voting clerk shall, not later than the 30th day after election day, deliver notice to the attorney general, including certified copies of the carrier envelope and corresponding ballot application, of any ballot rejected because:
(1)  the voter was deceased;
(2)  the voter already voted in person in the same election;
(3)  the signatures on the carrier envelope and ballot application were not executed by the same person;
(4)  the carrier envelope certificate lacked a witness signature;
(5)  the carrier envelope certificate was improperly executed by an assistant; or
(6)  the early voting ballot board or the signature verification committee determined that another violation of the Election Code occurred.
(c)  The attorney general shall prescribe the form and manner of submission under Subsection (b).  The secretary of state shall adopt rules as necessary to implement the requirements prescribed under this subsection.
Added by Acts 1991, 72nd Leg., ch. 203, Sec. 1.26, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 13, eff. September 1, 2011.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 16, eff. December 1, 2017.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.15, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter C. Accepting Early Voting Ballot Voted by Mail › Section 87.044. Disposition of Application

Sec. 87.044.  DISPOSITION OF APPLICATION.  (a)  The early voting ballot board shall place each application for a ballot voted by mail in its corresponding jacket envelope.  For a ballot voted under Chapter 101 or 105, the board shall also place the copy of the voter's federal postcard application or signature cover sheet in the same location as the carrier envelope.  If the voter's ballot was accepted, the board shall also place the carrier envelope in the jacket envelope.  However, if the jacket envelope is to be used in a subsequent election, the carrier envelope shall be retained elsewhere.
(b)  A board member shall deliver the jacket envelope, carrier envelope, and application in a container other than that used for the voted ballots to the general custodian of election records, to be retained for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 8(d), eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.17;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 14, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter D. Processing Manually Counted Ballots › Section 87.061. Authority Responsible for Counting Ballots

Sec. 87.061.  AUTHORITY RESPONSIBLE FOR COUNTING BALLOTS.  The early voting ballot board shall count the early voting ballots that are to be counted manually.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.18;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter D. Processing Manually Counted Ballots › Section 87.062. Counting Ballots and Preparing Returns

Sec. 87.062.  COUNTING BALLOTS AND PREPARING RETURNS.  (a)  On the direction of the presiding judge, the early voting ballot board, in accordance with Section 85.032(b), shall open the containers for the early voting ballots that are to be counted by the board, remove the contents from each container, and remove any ballots enclosed in ballot envelopes from their envelopes.
(b)  The board shall count the ballots and prepare the returns in accordance with the procedure applicable to paper ballots cast at a precinct polling place.
(c)  Ballots voted by mail shall be tabulated and stored separately from the ballots voted by personal appearance and shall be separately reported on the returns.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 562, Sec. 3, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.18;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.16, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter D. Processing Manually Counted Ballots › Section 87.063. Disposition of Ballots and Other Items

Sec. 87.063.  DISPOSITION OF BALLOTS AND OTHER ITEMS.  (a)  Except as provided by Subsection (b), the presiding judge of the early voting ballot board shall deliver the early voting ballots counted by the board, early voting election returns, other early voting election records, and ballot box keys, to the appropriate authorities in accordance with the procedures applicable to distribution of corresponding items from a precinct polling place using paper ballots.
(b)  If part of the early voting ballots are counted by automatic tabulating equipment at a central counting station, instead of delivering a copy of the early voting election returns and other early voting election records to the canvassing authority and to the general custodian of election records, those records shall be delivered to the presiding judge of the central counting station.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.18;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter F. Processing Ballots Counted at Central Counting Station › Section 87.101. Delivery of Ballots to Counting Station

Sec. 87.101.   DELIVERY OF BALLOTS TO COUNTING STATION.  On the direction of the presiding judge, the early voting ballot board shall deliver to the central counting station the container for the early voting electronic system ballots that are to be counted by automatic tabulating equipment at a central counting station.  The board shall make the delivery without opening the container and in accordance with the procedure applicable to electronic system ballots cast at a precinct polling place.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 562, Sec. 4, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.20;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 1316, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter F. Processing Ballots Counted at Central Counting Station › Section 87.102. Duplicating Paper Ballots for Automatic Counting

Sec. 87.102.  DUPLICATING PAPER BALLOTS FOR AUTOMATIC COUNTING.  (a)  The authority adopting an electronic voting system in which ballots are counted at a central counting station may direct by resolution, order, or other official action that the early voting regular paper ballots cast in an election be duplicated as electronic system ballots for automatic counting at the central counting station.
(b)  Early voting ballots that are to be duplicated under this section shall be delivered to the central counting station as prescribed by Section 87.101 and shall be treated in the same manner as damaged electronic system ballots that are duplicated for automatic counting.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.20;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter F. Processing Ballots Counted at Central Counting Station › Section 87.103. Counting Ballots and Preparing Returns

Sec. 87.103.  COUNTING BALLOTS AND PREPARING RETURNS.  (a)  The early voting electronic system ballots counted at a central counting station, the ballots cast at precinct polling places, and the ballots voted by mail shall be tabulated separately and shall be separately reported on the returns.
(b)  The early voting returns prepared at the central counting station must include any early voting results obtained by the early voting ballot board under Subchapter D.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.20;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.17, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter F. Processing Ballots Counted at Central Counting Station › Section 87.104. Disposition of Early Voting Ballot Board Returns and Other Records

Sec. 87.104.  DISPOSITION OF EARLY VOTING BALLOT BOARD RETURNS AND OTHER RECORDS.  Early voting returns or other early voting election records to be delivered to the central counting station under Section 87.063(b) or 87.084(b) shall be delivered to the appropriate authorities with the counting station records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.20;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter G. Miscellaneous Provisions › Section 87.122. Precinct Early Voting List

Sec. 87.122.  PRECINCT EARLY VOTING LIST.  (a)  For each election precinct in the territory served by the early voting clerk, the clerk shall prepare a list containing the name, address, and voter registration number of each person registered in the precinct who votes an early voting ballot by personal appearance and to whom an early voting ballot to be voted by mail is sent.
(b)  If an election precinct is situated in more than one county election precinct, the list must indicate each voter's county election precinct of residence.
(c)  The clerk shall enter "early voting voter" beside the name of each person on the precinct list of registered voters whose name appears on the list of early voting voters and shall deliver the precinct list to the presiding judge of the election precinct not later than the day before election day.
(d)  The clerk shall preserve a copy of each precinct early voting list prepared for the general election for state and county officers for two years after election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.21;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 560 (H.B. 2366), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter G. Miscellaneous Provisions › Section 87.1221. Disposition of Ballot Transmittal Form

Sec. 87.1221.  DISPOSITION OF BALLOT TRANSMITTAL FORM.  (a)  The presiding judge of the early voting ballot board shall enter on the ballot transmittal form the following information:
(1)  the number of personal appearance ballots received;
(2)  the number of mail ballots received;
(3)  the number of mail ballots accepted;
(4)  the number of mail ballots rejected;  and
(5)  the number of ballots counted or delivered to the central counting station, as applicable.
(b)  A board member shall deliver the transmittal form to the general custodian of election records to be preserved for the period for preserving the precinct election records.
Added by Acts 1991, 72nd Leg., ch. 203, Sec. 1.29.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter G. Miscellaneous Provisions › Section 87.123. Delivering Other Records and Supplies

Sec. 87.123.  DELIVERING OTHER RECORDS AND SUPPLIES.  Not later than the second day after election day, the early voting clerk shall deliver:
(1)  the early voting records and supplies, other than those required to be delivered to the early voting ballot board, to the authority to whom the corresponding precinct election records are delivered after the election;  and
(2)  the applications for early voting ballots voted by personal appearance to the general custodian of election records, to be retained for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.21;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter G. Miscellaneous Provisions › Section 87.1231. Early Voting Votes Reported by Precinct

Sec. 87.1231.  EARLY VOTING VOTES REPORTED BY PRECINCT.  Not later than the time of the local canvass, the early voting clerk shall deliver to the local canvassing authority a report of the total number of early voting votes for each candidate or measure by election precinct.  The report may reflect the total for votes by mail and the total for votes by personal appearance.
Added by Acts 1989, 71st Leg., ch. 114, Sec. 12, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 1.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, Sec. 40, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1316, Sec. 29, 44, eff. Sept. 1, 2003.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter G. Miscellaneous Provisions › Section 87.124. Preservation of Early Voting Election Records Generally

Sec. 87.124.  PRESERVATION OF EARLY VOTING ELECTION RECORDS GENERALLY.  The early voting election returns, voted early voting ballots, and other early voting election records shall be preserved after the election in the same manner as the corresponding precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.21;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter G. Miscellaneous Provisions › Section 87.125. Counting of Certain Late Ballots Voted by Mail

Sec. 87.125.  COUNTING OF CERTAIN LATE BALLOTS VOTED BY MAIL.  (a)  The early voting ballot board shall convene to count ballots voted by mail described by Section 86.007(d) at the time set by the presiding judge of the board on the ninth day after the date of an election or on an earlier day if the early voting clerk certifies that all ballots mailed from outside the United States have been received.
(a-1)  Notwithstanding Subsection (a), for an election held on the date of the general election for state and county officers, the early voting ballot board shall convene to count ballots voted by mail described by Sections 86.007(d) and (d-1) not later than the 13th day after the date of the election.
(b)  On counting the ballots under Subsection (a), the early voting ballot board shall report the results to the local canvassing authority for the election.
(c)  If the date prescribed by Subsection (a) for convening the early voting ballot board is a Saturday, Sunday, or legal state or national holiday, the early voting ballot board shall convene on the next regular business day.
Added by Acts 1997, 75th Leg., ch. 1349, Sec. 41, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 30, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 1, Sec. 5, eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 1062 (H.B. 1414), Sec. 2, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 7, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 818 (H.B. 1151), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter G. Miscellaneous Provisions › Section 87.126. Electronic Recording of Ballot Materials and Applications

Sec. 87.126.  ELECTRONIC RECORDING OF BALLOT MATERIALS AND APPLICATIONS.  (a)  The early voting clerk may electronically record applications for a ballot to be voted by mail, jacket envelopes, carrier envelopes, and ballots.
(a-1)  Electronic records made under this section shall record both sides of any application, envelope, or ballot recorded, and all such records shall be provided to the early voting ballot board, the signature verification committee, or both.
(b)  The secretary of state may adopt rules providing requirements for the electronic image quality and storage of the electronic images of the documents described by Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 22, eff. September 1, 2011.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.18, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter G. Miscellaneous Provisions › Section 87.127. Resolution of Incorrect Determination by Early Voting Ballot Board

Sec. 87.127.  RESOLUTION OF INCORRECT DETERMINATION BY EARLY VOTING BALLOT BOARD.  (a)  If a county election officer, as defined by Section 31.091, determines a ballot was incorrectly rejected or accepted by the early voting ballot board before the time set for convening the canvassing authority, the county election officer may petition a district court for injunctive or other relief as the court determines appropriate.
(b)  In an election ordered by the governor or by a county judge, the county election officer must confer with and establish the agreement of the county chair of each political party before petitioning the district court.
Added by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter G. Miscellaneous Provisions › Section 87.128. Notes

Sec. 87.128.  NOTES.  (a)  Each member of an early voting ballot board and each member of a signature verification committee is entitled to take any notes reasonably necessary to perform the member's duties under this chapter.
(b)  Notes taken under this section may not contain personally identifiable information.
(c)  Each member who takes notes under this section shall sign the notes and deliver them to the presiding judge or committee chair, as applicable, for delivery to the custodian of election records.
(d)  Notes collected under this section shall be preserved in the same manner as precinct election records under Section 66.058.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.19, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle B - Special Forms of Early Voting › Chapter 101 - Voting by Resident Federal Postcard Applicant › Subchapter A. General Provisions › Section 101.001. Eligibility

Sec. 101.001.  ELIGIBILITY.  A person is eligible for early voting by mail as provided by this chapter if:
(1)  the person is qualified to vote in this state or, if not registered to vote in this state, would be qualified if registered; and
(2)  the person is:
(A)  a member of the armed forces of the United States, or the spouse or a dependent of a member;
(B)  a member of the merchant marine of the United States, or the spouse or a dependent of a member;
(B-1)  a member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the president of the United States or activated on state orders, or the spouse or dependent of a member; or
(C)  domiciled in this state but temporarily living outside the territorial limits of the United States and the District of Columbia.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.24;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 64, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle B - Special Forms of Early Voting › Chapter 101 - Voting by Resident Federal Postcard Applicant › Subchapter A. General Provisions › Section 101.002. General Conduct of Voting

Sec. 101.002.  GENERAL CONDUCT OF VOTING.  Voting under this chapter shall be conducted and the results shall be processed as provided by Subtitle A for early voting by mail, except as otherwise provided by this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.24;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle B - Special Forms of Early Voting › Chapter 101 - Voting by Resident Federal Postcard Applicant › Subchapter A. General Provisions › Section 101.003. Definitions

Sec. 101.003.  DEFINITIONS.  In this chapter:
(1)  "Federal postcard application" means an application for a ballot to be voted under this chapter submitted on the official federal form prescribed under the federal Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301 through 20311).
(2)  "FPCA registrant" means a person registered to vote under Section 101.055.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.24;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, Sec. 42, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 65, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle B - Special Forms of Early Voting › Chapter 101 - Voting by Resident Federal Postcard Applicant › Subchapter A. General Provisions › Section 101.004. Noting Fpca Registration on Poll List

Sec. 101.004.  NOTING FPCA REGISTRATION ON POLL LIST.  For each FPCA registrant accepted to vote, a notation shall be made beside the voter's name on the early voting poll list indicating that the voter is an FPCA registrant.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 1.32;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, Sec. 43, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 5.10, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 687, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.21, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 501 (S.B. 361), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 310 (H.B. 551), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle B - Special Forms of Early Voting › Chapter 101 - Voting by Resident Federal Postcard Applicant › Subchapter A. General Provisions › Section 101.005. Noting Fpca Registration and E-Mail on Early Voting Roster

Sec. 101.005.  NOTING FPCA REGISTRATION AND E-MAIL ON EARLY VOTING ROSTER.  The entry on the early voting roster pertaining to a voter under this chapter who is an FPCA registrant must include a notation indicating that the voter is an FPCA registrant.  The early voting clerk shall note on the early voting by mail roster each e-mail of a ballot under Subchapter C.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 7.06, eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.24;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 1315, Sec. 46, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle B - Special Forms of Early Voting › Chapter 101 - Voting by Resident Federal Postcard Applicant › Subchapter A. General Provisions › Section 101.006. Excluding Fpca Registrant From Precinct Early Voting List

Sec. 101.006.  EXCLUDING FPCA REGISTRANT FROM PRECINCT EARLY VOTING LIST.  A person to whom a ballot is provided under this chapter is not required to be included on the precinct early voting list if the person is an FPCA registrant.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.24;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 1315, Sec. 47, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 993 (H.B. 2059), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 91 (H.B. 536), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle B - Special Forms of Early Voting › Chapter 101 - Voting by Resident Federal Postcard Applicant › Subchapter A. General Provisions › Section 101.007. Designation of Secretary of State

Sec. 101.007.  DESIGNATION OF SECRETARY OF STATE.  (a)  The secretary of state is designated as the state office to provide information regarding voter registration procedures and absentee ballot procedures, including procedures related to the federal write-in absentee ballot, to be used by persons eligible to vote under the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.).
(b)  The secretary of state is designated as the state coordinator between military and overseas voters and county election officials.  A county election official shall:
(1)  cooperate with the secretary of state to ensure that military and overseas voters timely receive accurate balloting materials that a voter is able to cast in time for the election; and
(2)  otherwise comply with the federal Military and Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V, Subt. H).
(c)  The secretary of state may adopt rules as necessary to implement this section.
(d)  The secretary of state shall make a checklist or similar guidelines available for optional use by early voting clerks in processing an application and providing balloting materials under this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 1.33;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, Sec. 44, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 589 (S.B. 904), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle B - Special Forms of Early Voting › Chapter 101 - Voting by Resident Federal Postcard Applicant › Subchapter A. General Provisions › Section 101.008. Status of Application or Ballot Voted

Sec. 101.008.  STATUS OF APPLICATION OR BALLOT VOTED.  The secretary of state, in coordination with county election officials, shall implement an electronic free-access system by which a person eligible for early voting by mail under this chapter or Chapter 114 may determine by telephone, by e-mail, or over the Internet whether:
(1)  the person's federal postcard application or other registration or ballot application has been received and accepted; and
(2)  the person's ballot has been received and the current status of the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.24;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 66, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle B - Special Forms of Early Voting › Chapter 101 - Voting by Resident Federal Postcard Applicant › Subchapter B. Submission of Federal Postcard Application › Section 101.051. Form and Contents of Application

Sec. 101.051.  FORM AND CONTENTS OF APPLICATION.  An application for a ballot to be voted under this subchapter must:
(1)  be submitted on an official federal postcard application form; and
(2)  include the information necessary to indicate that the applicant is eligible to vote in the election for which the ballot is requested.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle B - Special Forms of Early Voting › Chapter 101 - Voting by Resident Federal Postcard Applicant › Subchapter B. Submission of Federal Postcard Application › Section 101.053. Action by Early Voting Clerk on Certain Applications

Sec. 101.053.  ACTION BY EARLY VOTING CLERK ON CERTAIN APPLICATIONS.  (a)  The early voting clerk shall notify the voter registrar of a federal postcard application submitted by an applicant that states a voting residence address located outside the registrar's county.
(b)  If an applicant provides a date of birth, driver's license number, or social security number on the applicant's federal postcard application that is different from or in addition to the information maintained by the voter registrar in accordance with Title 2, the early voting clerk shall notify the voter registrar.  The voter registrar shall update the voter's record with the information provided by the applicant.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 713 (H.B. 4034), Sec. 7, eff. June 12, 2017.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle B - Special Forms of Early Voting › Chapter 101 - Voting by Resident Federal Postcard Applicant › Subchapter B. Submission of Federal Postcard Application › Section 101.054. Applying for More Than One Election in Same Application

Sec. 101.054.  APPLYING FOR MORE THAN ONE ELECTION IN SAME APPLICATION.  (a)  A person may apply with a single federal postcard application for a ballot for any one or more elections in which the person is eligible to vote as provided by this section.
(b)  An application that does not identify the election for which a ballot is requested shall be treated as if it requests a ballot for:
(1)  except as provided by Subdivision (3), each general election in which the clerk conducts early voting;
(2)  the general primary election if the application indicates party preference and is submitted to the early voting clerk for the primary; and
(3)  each general or special election held by a county, a municipality, or an independent school district in the calendar year in which the application is received and in which the person is eligible to vote.
(b-1)  If an application under Subsection (b) indicates the person is eligible to vote in an election described by Subsection (b)(3) in which the early voting clerk who received the application does not conduct early voting, the clerk shall forward a copy of the application in a form prescribed by the secretary of state to each early voting clerk who conducts early voting for that election.
(c)  An application shall be treated as if it requests a ballot for a runoff election that results from an election for which a ballot is requested, including a runoff election that occurs in the next calendar year.
(d)  An application requesting a ballot for more than one election shall be preserved for the period for preserving the precinct election records for the last election for which the application is effective.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 856 (H.B. 396), Sec. 1, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 68, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle B - Special Forms of Early Voting › Chapter 101 - Voting by Resident Federal Postcard Applicant › Subchapter B. Submission of Federal Postcard Application › Section 101.055. Fpca Voter Registration

Sec. 101.055.  FPCA VOTER REGISTRATION.  (a)  The submission of a federal postcard application that complies with the applicable requirements by an unregistered applicant constitutes registration by the applicant:
(1)  for the purpose of voting in the election for which a ballot is requested; and
(2)  under Title 2 unless the person indicates on the application that the person is residing outside the United States indefinitely.
(b)  For purposes of registering to vote under this chapter, a person shall provide the address of the last place of residence of the person in this state or the last place of residence in this state of the person's parent or legal guardian.
(c)  The registrar shall register the person at the address provided under Subsection (b) unless that address no longer is recognized as a residential address, in which event the registrar shall assign the person to an address under procedures prescribed by the secretary of state.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle B - Special Forms of Early Voting › Chapter 101 - Voting by Resident Federal Postcard Applicant › Subchapter B. Submission of Federal Postcard Application › Section 101.056. Method of Providing Ballot; Required Address

Sec. 101.056.  METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS.  (a)  The balloting materials provided under this subchapter shall be airmailed to the voter free of United States postage, as provided by the federal Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301 through 20311), in an envelope labeled "Official Election Balloting Material - via Airmail."  The secretary of state shall provide early voting clerks with instructions on compliance with this subsection.
(b)  The address to which the balloting materials are sent to a voter must be:
(1)  an address outside the county of the voter's residence; or
(2)  an address in the United States for forwarding or delivery to the voter at a location outside the United States.
(c)  If the address to which the balloting materials are to be sent is within the county served by the early voting clerk, the federal postcard application must indicate that the balloting materials will be forwarded or delivered to the voter at a location outside the United States.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 69, eff. September 1, 2021.