reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter B. Election Equipment › Section 51.035. Use of County-Owned Equipment for Primary Election

Sec. 51.035.  USE OF COUNTY-OWNED EQUIPMENT FOR PRIMARY ELECTION.  (a)  On request of the county chair of a political party holding a primary election, the county clerk shall furnish available county-owned ballot boxes and voting booths to the party for use in its primary election.
(b)  If there is not enough county-owned equipment to satisfy the requests made under Subsection (a), the commissioners court shall allocate the equipment among the political parties requesting it.
(c)  A fee may not be charged for use of equipment furnished under this section, but the political party shall reimburse the county for the actual expenses incurred by the county in transporting the equipment to and from the polling places if the county provides that service.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 47, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter B. Election Equipment › Section 51.036. Custodian of Equipment

Sec. 51.036.  CUSTODIAN OF EQUIPMENT.  Except as otherwise provided by this code, the authority responsible for distributing election supplies for an election ordered by an authority of a political subdivision is the custodian of the election equipment owned by the political subdivision.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter A. Preparing the Ballot › Section 52.001. Official Ballot

Sec. 52.001.  OFFICIAL BALLOT.  (a)  Except as provided by Subsection (b), the vote in an election is by official ballot.
(b)  If an official ballot is unavailable at a polling place, the presiding election judge shall provide a ballot designed in accordance with this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter A. Preparing the Ballot › Section 52.002. Authority Preparing Ballot

Sec. 52.002.  AUTHORITY PREPARING BALLOT.  Except as otherwise provided by law, the following authority shall have the official ballot prepared:
(1)  for an election ordered by the governor or a county authority, the county clerk;
(2)  for a primary election, the county chair of the political party holding the primary;
(3)  for an election ordered by a city authority, the city secretary;  and
(4)  for an election ordered by an authority of a political subdivision other than a county or city, the secretary of the subdivision's governing body or, if the governing body has no secretary, the governing body's presiding officer.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 48, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter A. Preparing the Ballot › Section 52.003. Placing Candidate's Name on Ballot

Sec. 52.003.  PLACING CANDIDATE'S NAME ON BALLOT.  (a)  Except as otherwise provided by law, the authority responsible for having the official ballot prepared shall have placed on the ballot the name of each candidate:
(1)  who has filed with the authority an application for a place on the ballot that complies with the requirements as to form, content, and procedure that the application must satisfy for the candidate's name to be placed on the ballot;  or
(2)  whose entitlement to placement on the ballot has been lawfully certified to the authority.
(b)  A candidate's name shall be placed on the ballot in the form indicated on the candidate's application or, if the application was not filed with the authority, in the form certified to the authority.
(c)  Except as otherwise provided by law, in a runoff election, the authority shall have placed on the ballot the name of each candidate who is entitled to a place on the runoff ballot as indicated by the canvass for the main election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 49, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter A. Preparing the Ballot › Section 52.004. Failure to Place Candidate's Name on Ballot

Sec. 52.004.  FAILURE TO PLACE CANDIDATE'S NAME ON BALLOT.  (a)  A person commits an offense if the person is responsible for having the official ballot prepared for an election and knowingly fails to place on the ballot the name of a candidate who is entitled to have the candidate's name placed on the ballot.
(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 1997, 75th Leg., ch. 864, Sec. 50, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter A. Preparing the Ballot › Section 52.005. Ballot Content Determined According to Precinct

Sec. 52.005.  BALLOT CONTENT DETERMINED ACCORDING TO PRECINCT.  The ballot for an election precinct may contain only those offices and propositions stating measures on which the qualified voters of the precinct are entitled to vote.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter A. Preparing the Ballot › Section 52.006. Correcting Ballot

Sec. 52.006.  CORRECTING BALLOT.  (a)  To make a necessary correction on the ballot, the authority responsible for having the official ballot prepared may:
(1)  prepare new ballots;
(2)  line out or otherwise obscure the language being corrected and enter in printed form the correct language next to the language being corrected, if necessary;  or
(3)  prepare printed or blank correction stickers to be affixed to the ballots.
(b)  A correction sticker used under this section must be printed in the same type style and on the same color of paper as the ballot.
(c)  A correction sticker may be affixed to a ballot only by the authority responsible for having the official ballot prepared or by an election officer serving a polling place.
(d)  A vote may not be counted for a name appearing on a correction sticker unless the sticker is prepared and affixed to the ballot as provided by this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter A. Preparing the Ballot › Section 52.0061. Notice of Correction by Authority Responsible for Preparing Ballot

Sec. 52.0061.  NOTICE OF CORRECTION BY AUTHORITY RESPONSIBLE FOR PREPARING BALLOT.  (a)  The authority responsible for having the official ballot prepared shall deliver written notice to the secretary of state not later than 24 hours after the authority's determination to prepare new ballots to make a correction on the ballot.
(b)  The notice must include a statement of the nature of the correction to be made.
Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter A. Preparing the Ballot › Section 52.0062. Notice of Correction by Certain Printers

Sec. 52.0062.  NOTICE OF CORRECTION BY CERTAIN PRINTERS.  (a)  Each person required to file a statement under Section 51.013 shall deliver written notice to the secretary of state not later than 48 hours after the person receives a request to prepare new ballots to make a correction on the ballot for a primary election or the general election for state and county officers.
(b)  The notice must include the name, address, and telephone number of the person requesting the corrected ballots and a statement of the nature of the correction to be made.
Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter A. Preparing the Ballot › Section 52.0063. Unlawful Preparation of Ballots

Sec. 52.0063.  UNLAWFUL PREPARATION OF BALLOTS.  (a)  A person commits an offense if the person knowingly prepares or causes to be prepared new ballots to make a correction on the ballot without complying with Section 52.0061 or 52.0062, as applicable.
(b)  Except as authorized by Section 52.006, a person commits an offense if the person knowingly prepares or causes to be prepared for an election any ballot that contains the same number as a ballot that has been prepared for the election.
(c)  An offense under this section is a Class A misdemeanor.
Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter A. Preparing the Ballot › Section 52.0064. Destruction of Incorrect Ballots

Sec. 52.0064.  DESTRUCTION OF INCORRECT BALLOTS.  (a)  If new ballots are prepared to make a correction on the ballot, the authority responsible for having the official ballot prepared shall destroy the incorrect ballots in the presence of:
(1)  the sheriff, in an election ordered by the governor or a primary election;  or
(2)  the authority responsible for ordering the election, in any other election.
(b)  The authority responsible for having the official ballot prepared shall post in the authority's office a notice of the date, hour, and place of the destruction of the incorrect ballots.  The notice must remain posted continuously for the 72 hours preceding the scheduled time of the destruction.
(c)  Any interested person is entitled to be present at the destruction of incorrect ballots.
(d)  The authority responsible for having the official ballot prepared shall prepare a record of the incorrect ballots that are destroyed.  The authority shall preserve the record for the period for preserving the precinct election records.
Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1, 1989.  Acts 1993, 73rd Leg., ch. 728, Sec. 13, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter A. Preparing the Ballot › Section 52.007. Specimen Ballot

Sec. 52.007.  SPECIMEN BALLOT.  (a)  An official ballot for each ballot format used in each election shall be designated a specimen ballot.
(b)  The specimen ballot shall be made available for public inspection:
(1)  for an election other than a primary election, in the office of the authority responsible for having the official ballot prepared;  or
(2)  for a primary election, in the office of the county clerk.
(c)  The specimen ballot shall be made available for public inspection as soon as practicable after the official ballots have been prepared for the election and shall be preserved for the period for preserving the precinct election records.
(d)  The county chair of each political party holding a primary election shall deliver the ballots to be used as specimen ballots to the county clerk when the official ballots are received from the printer.
(e)  The authority in whose office the specimen ballot is kept shall mark each specimen ballot with "SPECIMEN" in a manner that will not prevent the reading of its contents.  If more than one ballot format is used in the election, the authority shall indicate on the specimen ballot the election precincts in which each ballot format is used.
(f)  A specimen ballot may not be reproduced for distribution.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 51, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter A. Preparing the Ballot › Section 52.008. Sample Ballot

Sec. 52.008.  SAMPLE BALLOT.  (a)  The authority responsible for procuring the election supplies shall have a supply of sample ballots printed.
(b)  A sample ballot may be printed only on yellow paper.  "SAMPLE BALLOT" shall be printed in large letters at the top of each sample ballot.
(c)  Sample ballots shall be distributed for use in the election as directed by the authority responsible for procuring the election supplies.
(d)  A sample ballot may not be cast or counted in an election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 17, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter B. Name on Ballot › Section 52.031. Form of Name on Ballot

Sec. 52.031.  FORM OF NAME ON BALLOT.  (a)  A candidate's name shall be printed on the ballot with the given name or initials first, followed by a nickname, if any, followed by the surname, in accordance with this section.
(a-1)  A person may use any surname acquired by law or marriage.
(b)  In combination with the surname, a candidate may use one or more of the following:
(1)  a given name;
(2)  a contraction or familiar form of a given name by which the candidate is known;  or
(3)  an initial of a given name.
(c)  A nickname of one unhyphenated word of not more than 10 letters by which the candidate has been commonly known for at least three years preceding the election may be used in combination with a candidate's name.  A nickname that constitutes a slogan or otherwise indicates a political, economic, social, or religious view or affiliation may not be used.  A nickname may not be used unless the candidate executes and files with the application for a place on the ballot an affidavit indicating that the nickname complies with this subsection.
(d)  A suffix such as "Sr.," "Jr.," or "2nd" may be used in combination with a candidate's name.
(e)  A married woman or widow may use in combination with her surname, if the same as her husband's surname, the given name or initials of her husband with the prefix "Mrs."
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 22, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1098 (H.B. 2075), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter B. Name on Ballot › Section 52.032. Candidates With Same or Similar Surnames

Sec. 52.032.  CANDIDATES WITH SAME OR SIMILAR SURNAMES.  (a)  If two or more candidates for the same office have the same or similar surnames, each of those candidates may have printed on the ballot a brief distinguishing description or title, not to exceed four words, following the candidate's name.
(b)  The description or title may only refer to the candidate's place of residence or present or former profession, occupation, or position.  However, the description or title may not refer to a public office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 12, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter B. Name on Ballot › Section 52.033. Titles Prohibited

Sec. 52.033.  TITLES PROHIBITED.  Except as otherwise provided by this subchapter, a title or designation of office, status, or position may not be used in conjunction with a candidate's name on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter B. Name on Ballot › Section 52.034. Name on Ballot More Than Once

Sec. 52.034.  NAME ON BALLOT MORE THAN ONCE.  A candidate's name may not appear more than once on the ballot except as a candidate for:
(1)  two or more offices that are permitted by law to be held by the same person;  or
(2)  the office of president or vice-president of the United States and another office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter C. Form of Ballot › Section 52.061. Printing on Ballot

Sec. 52.061.  PRINTING ON BALLOT.  (a)  The ballot shall be printed in black ink on white or light-colored paper, but the ballot may not be the same color as sample ballots.
(b)  The type on the ballot may vary in size and style for the office titles, column headings, names of candidates, proposition headings, and propositions, but the type for each particular category must be uniform.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 23, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter C. Form of Ballot › Section 52.062. Numbering of Ballots

Sec. 52.062.  NUMBERING OF BALLOTS.  The ballots prepared by each authority responsible for having the official ballot prepared shall be numbered consecutively beginning with the number "1."
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter C. Form of Ballot › Section 52.063. Designation of Election and Date

Sec. 52.063.  DESIGNATION OF ELECTION AND DATE.  A designation of the nature of the election and the date of the election shall be printed at the top of the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter C. Form of Ballot › Section 52.064. Designation as Official Ballot

Sec. 52.064.  DESIGNATION AS OFFICIAL BALLOT.  "OFFICIAL BALLOT" shall be printed in large letters on the ballot immediately below the designation and date of the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter C. Form of Ballot › Section 52.065. Arrangement of Ballot With Party Nominee

Sec. 52.065.  ARRANGEMENT OF BALLOT WITH PARTY NOMINEE.  (a)  For an election in which a candidate's name is to appear on the ballot as the nominee of a political party, the ballot shall be arranged in vertical columns separated by parallel lines, as provided by this section.
(b)  Each title of an office to be voted on shall be listed in the first column on the left of the ballot with "Candidates For:" printed at the top.  The office titles shall be separated by parallel horizontal lines extending through each column on the ballot.
(c)  The name of each political party with a nominee on the ballot shall be printed at the top of the second and as many succeeding columns as necessary.  The name of the nominee of each party for each office shall appear opposite the office in the appropriate party column.  The party columns shall be of uniform width.
(d)  If the name of an independent candidate is to appear on the ballot, a column immediately following the party columns shall be provided, with "Independent" printed at the top.  The name of each independent candidate shall appear in the column opposite the appropriate office title.
(e)  If write-in votes are permitted by law in the election, a column immediately following the other columns shall be provided for write-in votes, with "Write-in" printed at the top.  Adequate space shall be provided in the column for write-in votes.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter C. Form of Ballot › Section 52.066. Arrangement of Ballot With No Party Nominee

Sec. 52.066.  ARRANGEMENT OF BALLOT WITH NO PARTY NOMINEE.  (a)  For an election in which no party nominee is to appear on the ballot, the ballot shall be arranged as provided by this section.
(b)  Each title of an office to be voted on shall be listed in a vertical column with the name of each candidate listed below the appropriate office title.
(c)  If write-in votes are permitted by law in the election, a space underscored by a broken or solid line shall be provided for a write-in vote below the names of the candidates for each office.  If more than one candidate is to be elected to an office, write-in spaces shall be provided in a number equal to the number of candidates to be elected.
(d)  If the length of the ballot arranged as one column would exceed 18 inches, the office titles may be arranged in parallel vertical columns.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter C. Form of Ballot › Section 52.067. Nonaligned Candidate Designated as Independent

Sec. 52.067.  NONALIGNED CANDIDATE DESIGNATED AS INDEPENDENT.  In an election in which the candidates' political party alignments are to be printed on the ballot next to the candidates' names, "Independent" shall be printed on the ballot next to the name of each candidate who is not aligned with a political party.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter C. Form of Ballot › Section 52.068. Office Title to Appear on Ballot if No Candidate for Office

Sec. 52.068.  OFFICE TITLE TO APPEAR ON BALLOT IF NO CANDIDATE FOR OFFICE.  (a)  If no candidate's name is to appear on the ballot for a particular office to be voted on at an election in which write-in votes for the office are permitted by law, the authority responsible for having the official ballot prepared shall have the office title printed on the ballot and shall provide a space for a write-in vote as required by this code.  However, in an election in which write-in votes may be counted only for names appearing on a list of write-in candidates, if no candidate's name is to appear on the ballot or the list of write-in candidates for a particular office, the office title is not printed on the ballot.
(b)  If the authority fails to have the office title printed on the ballot, a person may not be declared elected to the office because of write-in votes that are cast by writing in the office title and the person's name unless the total number of votes cast for all write-in candidates for that office is more than 50 percent of the total number of voters participating in the election who are eligible to vote for the office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 13, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 497, Sec. 1, eff. Sept. 1, 1987;  Acts 1999, 76th Leg., ch. 62, Sec. 5.09, eff. Sept. 1, 1999.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter C. Form of Ballot › Section 52.069. Unexpired Term

Sec. 52.069.  UNEXPIRED TERM.  If an office to be filled for an unexpired term is to be voted on at a general or primary election, "unexpired term" shall be printed on the ballot following the office title.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter C. Form of Ballot › Section 52.070. Voting Square and Instruction for Candidates

Sec. 52.070.  VOTING SQUARE AND INSTRUCTION FOR CANDIDATES.  (a)  A shape for voting shall be printed to the left of each candidate's name on a ballot.
(b)  Immediately below "OFFICIAL BALLOT," the following instruction shall be printed: "Vote for the candidate of your choice in each race by placing an 'X' or filling in the shape beside the candidate's name."
(c)  Appropriate changes in the instruction shall be made if only one race appears on the ballot or if more than one candidate is to be elected in a race.
(d)  If more than one candidate is to be elected in any race on the ballot, "Vote for none, one, two, ... or ___" (in the numerical sequence appropriate for the number of candidates to be elected) shall be printed immediately below each office title appearing on the ballot.
(e)  A shape shall be printed to the left of each line provided for write-in voting under Section 52.066(c), but failure to place a mark in the shape does not affect the counting of a write-in vote.
(f)  Any variation from this instruction must be approved by the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 14, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 497, Sec. 2, eff. Sept.1, 1987.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 39, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter C. Form of Ballot › Section 52.072. Propositions

Sec. 52.072.  PROPOSITIONS.  (a)  Except as otherwise provided by law, the authority ordering the election shall prescribe the wording of a proposition that is to appear on the ballot.
(b)  A proposition shall be printed on the ballot in the form of a single statement and may appear on the ballot only once.
(c)  Except as provided by Subsection (d), in an election in which an office and a measure are to be voted on, each proposition stating a measure shall appear on the ballot after the listing of offices.
(d)  If an election of officers is contingent on the adoption of a proposition appearing on the same ballot, the proposition shall appear on the ballot before the listing of offices.
(e)  In addition to any other requirement imposed by law for a proposition, including a provision prescribing the proposition language, a proposition submitted to the voters for approval of the imposition, increase, or reduction of a tax shall specifically state, as applicable:
(1)   with respect to a proposition that only seeks voter approval of the imposition or increase of a tax, the amount of or maximum tax rate of the tax or tax increase for which approval is sought; or
(2)  with respect to a proposition that only seeks voter approval of the reduction of a tax, the amount of tax rate reduction or the tax rate for which approval is sought.
(f)  A political subdivision that submits to the voters a proposition for the approval of the issuance of debt obligations shall prescribe the wording of the proposition that is to appear on the ballot in accordance with the requirements of Subchapter B, Chapter 1251, Government Code.  In this subsection, "debt obligation" and "political subdivision" have the meanings assigned by Section 1251.051, Government Code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 692 (H.B. 360), Sec. 1, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 505 (S.B. 30), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 728 (H.B. 477), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter C. Form of Ballot › Section 52.073. Voting Square and Instruction for Propositions

Sec. 52.073.  VOTING SQUARE AND INSTRUCTION FOR PROPOSITIONS.  (a)  On a ballot on which a proposition is to appear, "FOR" and, below it, "AGAINST" shall be printed to the left of the proposition.
(b)  A brace or other suitable device shall be printed to indicate to which proposition each "FOR" and "AGAINST" applies.
(c)  A square for voting shall be printed to the left of each "FOR" and each "AGAINST."
(d)  Immediately above the propositions, the following instruction shall be printed:  "Place an 'X' in the square beside the statement indicating the way you wish to vote."
(e)  The authority responsible for prescribing the wording of a proposition may substitute "YES" and "NO" on the ballot for "FOR" and "AGAINST" if the authority considers those words more appropriate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter C. Form of Ballot › Section 52.074. Provisional Ballot for Certain Voters

Sec. 52.074.  PROVISIONAL BALLOT FOR CERTAIN VOTERS.  The authority responsible for having the official ballot prepared shall have a provisional ballot prepared in a form approved by the secretary of state for use by a voter who executes an affidavit in accordance with Section 63.011.
Added by Acts 1997, 75th Leg., ch. 1078, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 18, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter C. Form of Ballot › Section 52.075. Modification of Ballot Form for Certain Voting Systems

Sec. 52.075.  MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING SYSTEMS.  (a)  The secretary of state may prescribe the form and content of a ballot for an election using a voting system, including an electronic voting system or a voting system that uses direct recording electronic voting machines or ballot marking devices, to conform to the formatting requirements of the system.
(b)  In this section, "ballot marking device," "direct recording electronic voting machine," "electronic voting system," and "voting system" have the meanings assigned by Section 121.003.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 7, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 708 (H.B. 88), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter D. Order of Parties, Offices, Names, and Propositions on Ballot › Section 52.091. Party Columns

Sec. 52.091.  PARTY COLUMNS.  (a)  Party columns shall be arranged on the ballot in the following order, beginning on the left:
(1)  columns of parties with nominees for statewide or district offices;
(2)  columns of parties without nominees for statewide or district offices.
(b)  Columns of parties specified by Subsection (a)(1) shall be arranged in descending order of the number of votes received statewide by each party's candidate for governor in the most recent gubernatorial general election, beginning on the left with the party whose candidate received the highest number of votes.  Columns of parties that did not have a candidate for governor in the most recent gubernatorial general election shall appear after the columns of parties that had a candidate, and the order of their columns shall be determined by a drawing conducted by the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter D. Order of Parties, Offices, Names, and Propositions on Ballot › Section 52.093. Offices of Political Subdivision Other Than County

Sec. 52.093.  OFFICES OF POLITICAL SUBDIVISION OTHER THAN COUNTY.  Except as otherwise provided by law, for an election at which offices of a political subdivision other than a county are to be voted on, the authority ordering the election shall determine the order of the offices on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter D. Order of Parties, Offices, Names, and Propositions on Ballot › Section 52.094. Names of Candidates

Sec. 52.094.  NAMES OF CANDIDATES.  (a)  Except as otherwise provided by law, for an election at which the names of more than one candidate for the same office are to appear on the ballot in an independent column or are to appear on a general or special election ballot that does not contain a party nominee, the order of the candidates' names shall be determined by a drawing. The order of the candidates' names on the ballot of any resulting runoff election or election held to resolve a tie vote shall be the relative order of names on the original election ballot.
(b)  The authority responsible for having the official ballot prepared for the election shall conduct the drawing.
(c)  The authority conducting the drawing shall post in the authority's office a notice of the date, hour, and place of the drawing.  The notice must remain posted continuously for 72 hours immediately preceding the scheduled time of the drawing.
(d)  The authority conducting the drawing shall provide notice of the date, hour, and place of the drawing to each candidate by:
(1)  written notice:
(A)  mailed to the address stated on the candidate's application for a place on the ballot, not later than the fourth day before the date of the drawing; or
(B)  provided at the time the candidate files an application with the appropriate authority;
(2)  telephone, if a telephone number is provided on the candidate's application for a place on the ballot; or
(3)  e-mail, if an e-mail address is provided on the candidate's application for a place on the ballot.
(e)  Each candidate affected by a drawing is entitled to be present or have a representative present at the drawing.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 52, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 708 (H.B. 88), Sec. 3, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 40, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 52 - Ballot Form, Content, and Preparation › Subchapter D. Order of Parties, Offices, Names, and Propositions on Ballot › Section 52.095. Propositions

Sec. 52.095.  PROPOSITIONS.  (a)  Except as otherwise provided by law, the authority ordering an election in which more than one measure is to be voted on shall determine the order in which the propositions are to appear on the ballot.
(b)  Each political subdivision's proposition on the ballot shall be assigned a unique number or letter on the ballot as follows:
(1)  except as provided by Subdivision (2), for each proposition on the ballot, the authority ordering the election shall assign a letter of the alphabet to the measure that corresponds to its order on the ballot; and
(2)  for each proposition on the ballot to be voted on statewide, the authority ordering the election shall assign a number to the measure that corresponds to its order on the ballot.
(c)  Each proposition on the ballot must identify the name of the authority ordering the election on the measure.
(d)  The secretary of state shall prescribe procedures necessary to implement this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 391 (S.B. 957), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter A. General Provisions › Section 61.001. Bystanders Excluded; Unlawful Presence of Candidate

Sec. 61.001.  BYSTANDERS EXCLUDED;  UNLAWFUL PRESENCE OF CANDIDATE.  (a)  Except as permitted by this code and as described by Subsection (a-1), a person may not be in the polling place from the time the presiding judge arrives there on election day to make the preliminary arrangements until the precinct returns have been certified and the election records have been assembled for distribution following the election.
(a-1)  Under this code, a person may be lawfully present in a polling place during the time described by Subsection (a) if the person is:
(1)  an election judge or clerk;
(2)  a watcher;
(3)  the secretary of state;
(4)  a staff member of the Elections Division of the Office of the Secretary of State performing an official duty in accordance with this code;
(5)  an election official, a sheriff, or a staff member of an election official or sheriff delivering election supplies;
(6)  a state inspector;
(7)  a person admitted to vote;
(8)  a child under 18 years of age who is accompanying a parent who has been admitted to vote;
(9)  a person providing assistance to a voter under Section 61.032 or 64.032;
(10)  a person accompanying a voter who has a disability;
(11)  a special peace officer appointed by the presiding judge under Section 32.075;
(12)  the county chair of a political party conducting a primary election, as authorized by Section 172.1113;
(13)  a voting system technician, as authorized by Section 125.010;
(14)  the county election officer, as defined by Section 31.091, as necessary to perform tasks related to the administration of the election; or
(15)  a person whose presence has been authorized by the presiding judge in accordance with this code.
(b)  A candidate in the election commits an offense if the candidate is in a polling place during the period described by Subsection (a) for a purpose other than:
(1)  voting;  or
(2)  official business in the building in which the polling place is located.
(c)  It is an exception to the application of Subsection (b) that the candidate:
(1)  is not within plain view or hearing of the persons in the voting area or the area in which voters are being accepted for voting;  and
(2)  is not engaged in campaign activity.
(d)  An offense under this section is a Class C misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1350, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 454 (H.B. 1128), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter A. General Provisions › Section 61.002. Opening and Closing Polling Place for Voting

Sec. 61.002.  OPENING AND CLOSING POLLING PLACE FOR VOTING.  (a)  Immediately before opening the polls for voting on the first day of early voting and on election day, the presiding election judge or alternate election judge shall confirm that each voting machine has any public counter reset to zero and shall print the tape that shows the counter was set to zero for each candidate or measure on the ballot.
(b)  At the official time for opening the polls for voting, an election officer shall open the polling place entrance and admit the voters.
(c)  Immediately after closing the polls for voting on election day, the presiding election judge or alternate election judge shall print the tape to show the number of votes cast for each candidate or ballot measure for each voting machine.
(d)  Each election judge or alternate election judge present shall sign a tape printed under this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.06, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter A. General Provisions › Section 61.003. Electioneering and Loitering Near Polling Place

Sec. 61.003.  ELECTIONEERING AND LOITERING NEAR POLLING PLACE.  (a)  A person commits an offense if, during the voting period and within 100 feet of an outside door through which a voter may enter the building in which a polling place is located, the person:
(1)  loiters;  or
(2)  electioneers for or against any candidate, measure, or political party.
(a-1)  The entity that owns or controls a public building being used as a polling place may not, at any time during the voting period, prohibit electioneering on the building's premises outside of the area described in Subsection (a), but may enact reasonable regulations concerning the time, place, and manner of electioneering.
(b)  In this section:
(1)  "Electioneering" includes the posting, use, or distribution of political signs or literature.  The term does not include the distribution of a notice of a party convention authorized under Section 172.1114.
(2)  "Voting period" means the period beginning when the polls open for voting and ending when the polls close or the last voter has voted, whichever is later.
(c)  An offense under this section is a Class C misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 235 (H.B. 259), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 235 (H.B. 259), Sec. 2, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 12, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter A. General Provisions › Section 61.004. Unlawful Operation of Sound Amplification Device or Sound Truck

Sec. 61.004.  UNLAWFUL OPERATION OF SOUND AMPLIFICATION DEVICE OR SOUND TRUCK.  (a)  A person commits an offense if, during the voting period and within 1,000 feet of a building in which a polling place is located, the person operates a sound amplification device or a vehicle with a loudspeaker while the device or loudspeaker is being used for the purpose of:
(1)  making a political speech; or
(2)  electioneering for or against any candidate, measure, or political party.
(b)  For the purpose of Subsection (a), a person operates a vehicle with a loudspeaker if the person drives the vehicle, uses the loudspeaker, or operates sound equipment in connection with the loudspeaker.
(c)  In this section, "voting period" means the period prescribed by Section 61.003(b).
(d)  An offense under this section is a Class C misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 497 (H.B. 535), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 497 (H.B. 535), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter A. General Provisions › Section 61.005. Security of Ballots, Ballot Boxes, and Envelopes

Sec. 61.005.  SECURITY OF BALLOTS, BALLOT BOXES, AND ENVELOPES.  (a)  From the time a presiding judge receives the official ballots for an election until the precinct returns for that election have been certified, the presiding judge shall take the precautions necessary to prevent access to the ballots, ballot boxes, and envelopes used for provisional ballots in a manner not authorized by law.
(b)  The ballots, ballot boxes, and envelopes used for provisional ballots at a polling place shall be in plain view of at least one election officer from the time the polls open for voting until the precinct returns have been certified.
(c)  A presiding election judge commits an offense if the judge fails to prevent another person from handling a ballot box containing voters' marked ballots or an envelope containing a voter's provisional ballot in an unauthorized manner or from making an unauthorized entry into the ballot box or envelope.  An offense under this subsection is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1078, Sec. 3, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 19, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter A. General Provisions › Section 61.006. Unlawfully Divulging Vote

Sec. 61.006.  UNLAWFULLY DIVULGING VOTE.  (a)  A person commits an offense if the person was in a polling place for any purpose other than voting and knowingly communicates to another person information that the person obtained at the polling place about how a voter has voted.
(b)  An offense under this section is a felony of the third degree.
(c)  This section does not apply to information presented in an official investigation or other official proceeding in which the information is relevant.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 53, 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 61.007. Unlawfully Revealing Information Before Polls Close

Sec. 61.007.  UNLAWFULLY REVEALING INFORMATION BEFORE POLLS CLOSE.  (a)  An election officer, watcher, or other person serving at a polling place in an official capacity commits an offense if, before the polls close or the last voter has voted, whichever is later, the officer, watcher, or other person reveals:
(1)  the number of votes that have been received for a candidate or for or against a measure;
(2)  a candidate's position relative to other candidates in the tabulation of the votes;
(3)  whether a measure is passing or failing;  or
(4)  the names of persons who have or have not voted in the election.
(b)  An offense under this section is a Class A misdemeanor.
(c)  Beginning at 9:30 a.m. and at each subsequent two-hour interval through 5:30 p.m., the presiding judge shall post written notice of the total number of voters who have voted in the precinct.  The notice shall be posted at an outside door through which a voter may enter the building in which the polling place is located.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 440, Sec. 1, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 472, Sec. 16, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 2, Sec. 7.04, eff. Aug. 28, 1989;  Acts 2003, 78th Leg., ch. 427, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 61 - Conduct of Voting Generally › Subchapter A. General Provisions › Section 61.008. Unlawfully Influencing Voter

Sec. 61.008.  UNLAWFULLY INFLUENCING VOTER.  (a)  A person commits an offense if the person indicates to a voter in a polling place by word, sign, or gesture how the person desires the voter to vote or not vote.
(b)  An offense under this section is a Class B misdemeanor.
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 A. General Provisions › Section 61.009. Instructing Voter on Casting Ballot

Sec. 61.009.  INSTRUCTING VOTER ON CASTING BALLOT.  On the request of a voter, an election officer shall instruct the voter on the proper procedure for casting a ballot.
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 A. General Provisions › Section 61.010. Wearing Name Tag or Badge in Polling Place

Sec. 61.010.  WEARING NAME TAG OR BADGE IN POLLING PLACE.  (a)  Except as provided by Subsection (b), a person may not wear a badge, insignia, emblem, or other similar communicative device relating to a candidate, measure, or political party appearing on the ballot, or to the conduct of the election, in the polling place or within 100 feet of any outside door through which a voter may enter the building in which the polling place is located.
(b)  An election judge, an election clerk, a state or federal election inspector, a certified peace officer, or a special peace officer appointed for the polling place by the presiding judge shall wear while on duty in the area described by Subsection (a) a tag or official badge that indicates the person's name and title or position.
(c)  A person commits an offense if the person violates Subsection (a).  An offense under this subsection is a Class C misdemeanor.
Added by Acts 1987, 70th Leg., ch. 472, Sec. 17, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 24, 25, eff. Sept. 1, 1997.