reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter C. Electronic Voting Systems › Section 125.061. Inspecting Equipment at Polling Place

Sec. 125.061.  INSPECTING EQUIPMENT AT POLLING PLACE.  (a)  Before opening a polling place for voting on election day, the presiding judge shall inspect any electronic voting system equipment installed at the polling place to determine whether it is installed and functioning properly.
(b)  The presiding judge shall take appropriate corrective action if the equipment is not installed or functioning properly.
(c)  Repealed by Acts 2005, 79th Leg., Ch. 1107, Sec. 2.21(1), eff. January 1, 2006.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2001, 77th Leg., ch. 1054, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.13, eff. January 1, 2006.
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.21(1), eff. January 1, 2006.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter C. Electronic Voting Systems › Section 125.0611. Providing Separate Ballot Part for Write-in Voting

Sec. 125.0611.  PROVIDING SEPARATE BALLOT PART FOR WRITE-IN VOTING.  (a)  If an electronic system ballot includes a separate write-in part under Section 124.064, that part shall be provided with the electronic system ballot.
(b)  A voter may not be required to request the separate write-in part as a condition to being provided that part.
Added by Acts 1999, 76th Leg., ch. 1316, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter C. Electronic Voting Systems › Section 125.062. Alternative Procedure to Rotating Ballot Boxes

Sec. 125.062.  ALTERNATIVE PROCEDURE TO ROTATING BALLOT BOXES.  The secretary of state may prescribe an alternative procedure to that of using two ballot boxes on a rotating basis at a polling place using an electronic voting system if the secretary determines that an alternative procedure is necessary for the efficient conduct of voting with the particular voting system.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter C. Electronic Voting Systems › Section 125.063. Securing Equipment on Close of Voting

Sec. 125.063.  SECURING EQUIPMENT ON CLOSE OF VOTING.  On the close of voting at each polling place at which electronic voting system equipment is used, an election officer shall secure or inactivate the equipment as prescribed by the secretary of state so that its unauthorized operation is prevented.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter C. Electronic Voting Systems › Section 125.064. Records Available for Public Inspection

Sec. 125.064.  RECORDS AVAILABLE FOR PUBLIC INSPECTION.  Any documents or records used in the preparation of or prepared for use in an electronic voting system for the operation of the system for a particular election and any documents or records generated by the system in that election shall be made available for public inspection in the office of the general custodian of election records for the period for preserving the precinct election records.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 6, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter A. Establishment and Organization of Central Counting Station › Section 127.001. Establishment of Central Counting Station

Sec. 127.001.  ESTABLISHMENT OF CENTRAL COUNTING STATION.  (a)  The authority adopting an electronic voting system for use in an election may establish, in accordance with this subchapter, one or more central counting stations for counting the ballots if the voting system is designed to have ballots counted at a central location.
(b)  If the adopting authority does not establish a central counting station for the election, the authority shall designate one or more counting stations established by another authority.
(c)  The central counting station must be located in the county in which the political subdivision served by the authority adopting the voting system is wholly or partly situated or in a county contiguous to that county.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter A. Establishment and Organization of Central Counting Station › Section 127.0015. Central Counting Station Officers: Oath and Identification

Sec. 127.0015.  CENTRAL COUNTING STATION OFFICERS: OATH AND IDENTIFICATION.  (a)  Election officers appointed under this subchapter shall repeat the following oath aloud:
"I swear (or affirm) that I will objectively work to be sure every eligible voter's vote is accepted and counted, and that only the ballots of those voters who violated the Texas Election Code will be rejected.  I will make every effort to correctly reflect the voter's intent when it can be clearly determined.  I will not work alone when ballots are present and will work only in the presence of a member of a political party different from my own.  I will faithfully perform my duty as an officer of the election and guard the purity of the election."
(b)  An officer who arrives after the oath is made shall repeat the oath aloud before performing any duties as an election officer.
(c)  Following administration of the oath, each election officer shall be issued a form of identification, prescribed by the secretary of state, to be displayed by the officer during the officer's hours of service at the central counting station.
Added by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 17, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter A. Establishment and Organization of Central Counting Station › Section 127.002. Counting Station Manager

Sec. 127.002.  COUNTING STATION MANAGER.  (a)  The authority establishing a central counting station shall appoint a manager of the station.  Except as otherwise provided by this section, the eligibility requirements prescribed by this code for precinct election judges apply to a person appointed under this section.
(b)  To be eligible for appointment, a person must:
(1)  have knowledge and experience in the conduct of elections with the electronic voting system for which the counting station is established; and
(2)  be a registered voter of the political subdivision served by the authority establishing the counting station, except:
(A)  during the first year following the adoption of the voting system; or
(B)  if the person is an employee of the political subdivision that adopts or owns the voting system.
(c)  Employees of a political subdivision are not disqualified from appointment and, if appointed, may be paid additional compensation for their services.
(d)  The general custodian of election records is eligible for appointment notwithstanding the custodian's status as a candidate or officeholder.
(e)  The manager is in charge of the overall administration of the central counting station and the general supervision of the personnel working at the station.
(f)  The manager is entitled to compensation in an amount fixed by the authority establishing the counting station.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 492, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 48, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 334 (H.B. 2006), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter A. Establishment and Organization of Central Counting Station › Section 127.003. Tabulation Supervisor

Sec. 127.003.  TABULATION SUPERVISOR.  (a)  The authority establishing a central counting station shall appoint a tabulation supervisor of the station.  Except as otherwise provided by this section, the eligibility requirements prescribed by this code for precinct election judges apply to a person appointed under this section.
(b)  To be eligible for appointment, a person must be:
(1)  trained in the operation of the automatic tabulating equipment installed at the counting station; and
(2)  a registered voter of the political subdivision served by the authority establishing the counting station or an employee of the political subdivision that adopts or owns the voting system.
(c)  Employees of a political subdivision are not disqualified from appointment and, if appointed, may be paid additional compensation for their services.
(d)  The tabulation supervisor is in charge of the operation of the automatic tabulating equipment at the counting station.
(e)  The tabulation supervisor is entitled to compensation in an amount fixed by the authority establishing the counting station.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 492, Sec. 2, eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 703 (H.B. 1026), Sec. 1, eff. June 17, 2015.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter A. Establishment and Organization of Central Counting Station › Section 127.004. Assistants to Tabulation Supervisor

Sec. 127.004.  ASSISTANTS TO TABULATION SUPERVISOR.  (a)  The tabulation supervisor may appoint one or more assistants, each of whom must be approved by the authority establishing the central counting station.
(b)  To be eligible for appointment, a person must:
(1)  have the competence, training, and experience required for the proper performance of the work assigned; and
(2)  in a county with a population of less than 60,000, be a registered voter of the political subdivision served by the authority establishing the counting station or an employee of the political subdivision that adopts or owns the voting system.
(c)  Employees of the political subdivision are not disqualified from appointment and, if appointed, may be paid additional compensation for their services.
(d)  An assistant shall assist the tabulation supervisor in the operation of the automatic tabulating equipment as directed by the tabulation supervisor.
(e)  An assistant is entitled to compensation in an amount fixed by the authority establishing the counting station.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 492, Sec. 3, eff. Sept. 1, 1987.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 18, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter A. Establishment and Organization of Central Counting Station › Section 127.005. Presiding Judge of Counting Station

Sec. 127.005.  PRESIDING JUDGE OF COUNTING STATION.  (a)  The authority appointing the presiding judges to serve in an election shall appoint a presiding judge of each central counting station operating in the election.
(b)  Except as otherwise provided by this section, the eligibility requirements prescribed by this code for precinct presiding judges apply to a presiding judge of a central counting station.  To be eligible to serve as a judge under this section, a person must be a qualified voter of the political subdivision served by the authority adopting the voting system.  The general custodian of election records and employees of the custodian are eligible to serve as a judge under this section notwithstanding the custodian's status as a candidate or officeholder.
(c)  The presiding judge shall maintain order at the counting station and has the same authority as a precinct presiding judge in that respect and in the administration of oaths.  The presiding judge may confer with and advise the manager or tabulation supervisor on any activity at the counting station.
(d)  The presiding judge is entitled to compensation at the same rate as a precinct presiding judge, except that the counting station judge is entitled to a minimum compensation of five hours' pay regardless of the amount of time worked.
(e)  For an election in which election judges appointed under Section 32.002 serve, the presiding judge and an alternate presiding judge shall be appointed for each central counting station operating in the election in the same manner as a presiding judge and alternate presiding judge under Section 32.002.
(f)  An alternate presiding judge appointed under Subsection (e) serves:
(1)  as presiding judge for the counting station if the regularly appointed presiding judge cannot serve;  or
(2)  in another position established under this subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 492, Sec. 4, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 49, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 967, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter A. Establishment and Organization of Central Counting Station › Section 127.006. Counting Station Clerks

Sec. 127.006.  COUNTING STATION CLERKS.  (a)  The manager, the presiding judge, and the alternate presiding judge may appoint clerks to serve at the central counting station.
(b)  Except as otherwise provided by this section, the eligibility requirements prescribed by this code for precinct election clerks apply to clerks serving at a central counting station.  To be eligible to serve as a clerk under this section, a person must be a qualified voter of the county in which the central counting station is located.  The general custodian of election records, an employee of the custodian, or any other employee of a political subdivision is not ineligible to serve as a clerk under this section because the person is a qualified voter of a county other than the county in which the central counting station is located or because of the custodian's status as a candidate or officeholder.
(c)  A clerk appointed by the manager serves under the manager and shall perform the functions directed by the manager.  A clerk appointed by the presiding judge or the alternate presiding judge serves under the presiding judge and shall perform the functions directed by the presiding judge.
(d)  A clerk is entitled to compensation at the same rate as a precinct election clerk, except that a clerk who serves for the entire time a counting station is in operation is entitled to a minimum compensation of three hours' pay regardless of the amount of time worked.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 492, Sec. 5, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1349, Sec. 47, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.16, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter A. Establishment and Organization of Central Counting Station › Section 127.007. Plan for Counting Station Operation

Sec. 127.007.  PLAN FOR COUNTING STATION OPERATION.  (a) The manager shall establish and implement a written plan for the orderly operation of the central counting station.
(b)  The plan required under this section must address the process for comparing the number of voters who signed the combination form with the number of votes cast for the entire election.
(c)  The plan required under this section must be available to the public on request not later than 5 p.m. on the fifth day before the date of the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 25, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 19, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter A. Establishment and Organization of Central Counting Station › Section 127.008. Bystanders Excluded

Sec. 127.008.  BYSTANDERS EXCLUDED.  (a) Except as permitted by this code and as described by Subsection (b), a person may not be in a central counting station while ballots are being counted.
(b)  Under this code, a person may be lawfully present in the central counting station while ballots are being counted if the person is:
(1)  a counting station manager, tabulation supervisor, assistant to the tabulation supervisor, presiding judge, or clerk;
(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 counting station manager in accordance with this code.
Added by Acts 2021, 87th Leg., R.S., Ch. 454 (H.B. 1128), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter A. Establishment and Organization of Central Counting Station › Section 127.009. Electronic Devices in Central Counting Station

Sec. 127.009.  ELECTRONIC DEVICES IN CENTRAL COUNTING STATION.  (a)  A counting station manager and the presiding judge of the counting station shall develop a protocol under which any electronic device inside a central counting station that is necessary to count votes is equipped with software that tracks all input and activity on the electronic device.
(b)  The counting station manager and the presiding judge of the counting station shall ensure that the input and activity tracked by the software is delivered to the secretary of state not later than the fifth day after vote counting is complete.
(c)  This section applies only to a central counting station located in a county with a population of 250,000 or more.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.17, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter A. Establishment and Organization of Central Counting Station › Section 127.010. Training

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 415 (H.B. 1632), Sec. 5
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 824 (H.B. 1848), Sec. 1, see other Sec. 127.010.
Sec. 127.010.  TRAINING.  The secretary of state shall provide a standardized training program and materials for members of a counting station 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. 5, eff. September 1, 2023.
Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 824 (H.B. 1848), Sec. 1
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 415 (H.B. 1632), Sec. 5, see other Sec. 127.010.
For expiration of this section, see Subsection (d).
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter A. Establishment and Organization of Central Counting Station › Section 127.010. Feasibility Study on Central Counting Station Operating as Sensitive Compartmented Information Facility

Sec. 127.010.  FEASIBILITY STUDY ON CENTRAL COUNTING STATION OPERATING AS SENSITIVE COMPARTMENTED INFORMATION FACILITY.  (a)  The secretary of state shall conduct a study to consider the feasibility of conforming each  central counting station with the Sensitive Compartmented Information Facilities (SCIF) standards promulgated by the United States federal government.
(b)  The study must consider the feasibility of ensuring substantial compliance with the SCIF standards while allowing for poll watching and other citizen involvement in an election permitted under state law.
(c)  Not later than December 1, 2024, the secretary of state shall create a detailed report summarizing the findings of the study and deliver the report to the legislature.
(d)  This section expires December 15, 2024.
Added by Acts 2023, 88th Leg., R.S., Ch. 824 (H.B. 1848), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter C. Sealed Ballot Boxes › Section 127.061. Sealed Ballot Boxes Required

Sec. 127.061.  SEALED BALLOT BOXES REQUIRED.  Sealed ballot boxes shall be used to deliver electronic system ballots from the polling place to the central counting station in accordance with this subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2001, 77th Leg., ch. 1054, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter C. Sealed Ballot Boxes › Section 127.063. Design of Ballot Box

Sec. 127.063.  DESIGN OF BALLOT BOX.  A sealed ballot box used under this subchapter must be equipped with a lock to prevent opening the box without a key and designed and constructed so that:
(1)  the ballots can be deposited and delivered without damage that will render them unfit for processing in automatic tabulating equipment;
(2)  the box can be sealed to detect any unauthorized opening of the box;  and
(3)  the slot used by voters to deposit ballots can be sealed to prevent any unauthorized deposit in the box.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter C. Sealed Ballot Boxes › Section 127.064. Seals for Ballot Boxes

Sec. 127.064.  SEALS FOR BALLOT BOXES.  (a)  A seal shall be provided for each ballot box used under this subchapter.
(b)  The seals for the boxes must be serially numbered for each election.
(c)  The authority responsible for distributing election supplies to the polling places shall prepare a record of the serial numbers of the seals and preserve the record for the period for preserving the precinct election records.  The authority shall provide each central counting station with a copy of the record before ballots are delivered to the station for processing.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter C. Sealed Ballot Boxes › Section 127.065. Sealing Ballot Box; Delivery to Polling Place

Sec. 127.065.  SEALING BALLOT BOX;  DELIVERY TO POLLING PLACE.  (a)  An adequate number of sealed ballot boxes shall be provided for each polling place at which sealed boxes are to be used.
(b)  Before the ballot boxes are delivered to the polling places, the authority responsible for distributing election supplies to the polling places shall inspect and empty each box.  The authority shall then lock the empty box and seal it so that the box cannot be opened without breaking the seal.
(c)  Once sealed, the ballot boxes may not be opened except as provided by Section 127.068.
(d)  After the ballot boxes are locked and sealed, the authority responsible for distributing election supplies shall have the ballot boxes delivered to the polling places and have the keys delivered to the presiding judge of the central counting station.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter C. Sealed Ballot Boxes › Section 127.066. Sealing Deposit Slot; Delivery of Sealed Ballot Box to Counting Station

Sec. 127.066.  SEALING DEPOSIT SLOT;  DELIVERY OF SEALED BALLOT BOX TO COUNTING STATION.  (a)  Immediately on completion of voting at a polling place using sealed ballot boxes or, if the presiding judge inactivates a sealed ballot box before completion of voting, immediately on inactivation, an election officer shall seal the deposit slot in each box so that nothing can be deposited through the slot without breaking the seal.
(b)  The presiding judge, an election clerk, and not more than two watchers, if one or more watchers are present, shall sign the seal.  The watchers must be of opposing interests if such watchers are present.
(c)  After the box is sealed, it shall be delivered to the central counting station by two election officers. The officers shall deliver the box to the presiding judge of the central counting station or to the judge's designee.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 34, eff. Sept. 1, 2003.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter C. Sealed Ballot Boxes › Section 127.067. Disposition of Election Records

Sec. 127.067.  DISPOSITION OF ELECTION RECORDS.  (a)  An election officer shall place the precinct election records in the appropriate envelopes or other containers provided for that purpose.
(b)  Except as provided by Subsection (c), the precinct election records shall be delivered to the presiding judge of the central counting station with the delivery of the last sealed ballot box.
(c)  The appropriate election records shall be retained by the presiding judge or placed in ballot box no. 4, as applicable, in the same manner as for a polling place using regular paper ballots.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter C. Sealed Ballot Boxes › Section 127.068. Receiving Sealed Ballot Box at Counting Station

Sec. 127.068.  RECEIVING SEALED BALLOT BOX AT COUNTING STATION.  (a)  On receipt of a sealed ballot box, the presiding judge of the central counting station or the judge's designee shall give a signed receipt for the box to one of the delivering officers.  The presiding judge at the polling place shall preserve the receipt for the period for preserving the precinct election records.
(b)  Before opening the ballot box, the presiding judge of the counting station or the judge's designee shall inspect the box, the seal of the box, and the seal of the deposit slot to determine if they are intact and shall determine if the serial number on the seal of the box corresponds with the number indicated on the record of serial numbers at the counting station.  If the box and both seals are intact and the serial numbers correspond, the judge or designee shall break the seals, unlock the lock, and open the box.
(c)  If any irregularities are discovered, the presiding judge shall take appropriate action in accordance with procedures prescribed by the secretary of state.
(d)  The presiding judge of the counting station shall preserve both seals for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 91, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter C. Sealed Ballot Boxes › Section 127.069. Sorting Ballots

Sec. 127.069.  SORTING BALLOTS.  (a)  After opening a sealed ballot box, the presiding judge of the central counting station shall sort the damaged ballots, the ballots containing write-in votes, and any other ballots requiring special handling and place them in the appropriate envelopes or other containers provided for that purpose.
(b)  After the ballots are sorted, the presiding judge shall deliver them to the manager of the central counting station.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter D. Testing Tabulating Equipment › Section 127.091. Test of Tabulating Equipment Required

Sec. 127.091.  TEST OF TABULATING EQUIPMENT REQUIRED.  The automatic tabulating equipment used for counting ballots at a central counting station shall be tested as provided by this subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter D. Testing Tabulating Equipment › Section 127.092. Testing Authorities

Sec. 127.092.  TESTING AUTHORITIES.  The programmer, tabulation supervisor, counting station manager, and presiding judge of the central counting station shall prepare and conduct the test jointly.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter D. Testing Tabulating Equipment › Section 127.093. Times for Conducting Test

Sec. 127.093.  TIMES FOR CONDUCTING TEST.  (a)  The test shall be conducted three times for each election.
(b)  The first test shall be conducted at least 48 hours before the automatic tabulating equipment is used to count ballots voted in the election.
(c)  The second test shall be conducted immediately before the counting of ballots with the equipment begins.
(d)  The third test shall be conducted immediately after the counting of ballots with the equipment is completed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter D. Testing Tabulating Equipment › Section 127.094. Design of Test

Sec. 127.094.  DESIGN OF TEST.  (a)  The test must be designed to determine whether the automatic tabulating equipment accurately counts ballots and otherwise functions properly.
(b)  A group of test ballots shall be counted with the equipment using the program prepared for processing the ballots voted in the election.  The test ballots must be printed on the same stock as the official ballots for the election.
(c)  The group of test ballots must contain a predetermined number of valid votes for each candidate and for and against each proposition on the ballot for the election.  The test group must also contain ballots with votes in excess of the allowable number and with other improper votes.
(d)  The same test shall be administered each time the equipment is tested for the same election.
(e)  The secretary of state may prescribe additional requirements for the test.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter D. Testing Tabulating Equipment › Section 127.095. Determining Success of Test

Sec. 127.095.  DETERMINING SUCCESS OF TEST.  (a)  A test is successful if a perfect count of the test ballots is obtained and the automatic tabulating equipment otherwise functions properly during the counting of the test ballots.
(b)  The testing authorities shall determine whether a test is successful.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter D. Testing Tabulating Equipment › Section 127.096. Conduct of First Test

Sec. 127.096.  CONDUCT OF FIRST TEST.  (a)  The custodian of the automatic tabulating equipment shall publish notice of the date, hour, and place of the test conducted under Section 127.093(b) in a newspaper, as provided by general law for official publications by political subdivisions, at least 48 hours before the date of the test.
(a-1)  If the test is being conducted for a primary election, the custodian of the automatic tabulating equipment shall notify the county chair of the test at least 48 hours before the date of the test.  The county chair shall confirm receipt of the notice.
(b)  The test is open to the public.
(c)  The automatic tabulating equipment may not be used to count ballots voted in the election until a test is successful.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 50, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 20, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter D. Testing Tabulating Equipment › Section 127.097. Conduct of Second Test

Sec. 127.097.  CONDUCT OF SECOND TEST.  (a)  The automatic tabulating equipment may not be used to count ballots voted in the election until a test conducted under Section 127.093(c) is successful.
(b)  If the initial test is unsuccessful, the presiding judge shall prepare a written record of the changes to the program, adjustments to the equipment, and other actions taken to achieve a successful test.  The record shall be retained with the test materials.
(c)  When a test is successful, the presiding judge shall certify in writing that a test was successful and the date and hour the test was completed.  The certification shall be retained with the test materials.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter D. Testing Tabulating Equipment › Section 127.098. Conduct of Third Test; Void Ballot Count

Sec. 127.098.  CONDUCT OF THIRD TEST;  VOID BALLOT COUNT.  (a)  If the initial test conducted under Section 127.093(d) is unsuccessful, the count of ballots voted in the election obtained with the automatic tabulating equipment is void.
(b)  If the initial test is successful, the automatic count of ballots voted in the election is valid for the purpose of certifying the election returns prepared at the central counting station.  The presiding judge shall certify in writing that the initial test was successful and the date and hour the test was completed.  The certification shall be retained with the test materials.
(c)  If the ballot count is void under Subsection (a), the testing authorities shall follow the procedure prescribed by Section 127.097.  When a test is successful, the ballots to be counted automatically shall immediately be counted.  Immediately on completing the automatic count, the equipment shall again be tested, and if the initial test is successful the automatic count is valid for the purpose of certifying the election returns.  Otherwise, the automatic ballot count is void.
(d)  The procedure prescribed by Subsection (c) shall be repeated until a valid automatic count is obtained or the testing authorities determine that obtaining a valid automatic count is impracticable.  In that case, the ballots shall be counted manually.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter D. Testing Tabulating Equipment › Section 127.099. Security of Test Materials

Sec. 127.099.  SECURITY OF TEST MATERIALS.  (a)  On completing each test, the presiding judge shall place the test ballots and other test materials in a container provided for that purpose and seal the container so it cannot be opened without breaking the seal.  The manager, tabulation supervisor, presiding judge, and not more than two watchers, if one or more watchers are present, shall sign the seal.  The watchers must be of opposing interests if such watchers are present.
(b)  The test materials shall remain sealed for the period for preserving the precinct election records.
(c)  The container may not be unsealed unless the contents are necessary to conduct a test under this subchapter, a criminal investigation, election contest, or other official proceeding under this code.  If the container is unsealed, the authority in charge of the proceeding shall reseal the contents when not in use.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter D. Testing Tabulating Equipment › Section 127.100. Custody of Test Materials

Sec. 127.100.  CUSTODY OF TEST MATERIALS.  (a)  The presiding judge is the custodian of the test materials until they are delivered under Subsection (b).
(b)  The sealed container holding the test materials shall be delivered to the general custodian of election records with the delivery of the election returns prepared at the counting station.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.121. Programmer for Tabulating Equipment

Sec. 127.121.  PROGRAMMER FOR TABULATING EQUIPMENT.  (a)  If the automatic tabulating equipment to be used for counting ballots at a central counting station requires the preparation of a program, the authority responsible for having the ballot prepared for the election shall appoint a programmer.
(b)  Any person who has the competence required to prepare the program is eligible for appointment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.122. Approval of Program

Sec. 127.122.  APPROVAL OF PROGRAM.  If a person other than the tabulation supervisor is appointed as the programmer, the program shall be submitted to the tabulation supervisor for approval not later than the 10th day before the date the automatic tabulating equipment for which the program is prepared is first used to count ballots voted in the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.123. Security of Program

Sec. 127.123.  SECURITY OF PROGRAM.  (a)  The tabulation supervisor shall protect the program prepared for the automatic tabulating equipment installed at the central counting station from tampering and unauthorized use, as prescribed by the secretary of state.
(b)  After the automatic counting of ballots is completed, the program shall be sealed in the container for the secured test materials.  The program shall remain in the sealed container for the same period as the test materials and may be unsealed only under the same conditions as the test materials.
(c)  The secretary of state shall prescribe procedures for the security of programs for central counting station equipment for which compliance with this section is impracticable.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.1231. Security of Automatic Tabulating Equipment

Sec. 127.1231.  SECURITY OF AUTOMATIC TABULATING EQUIPMENT.  (a)  Except as provided by Subsection (b), the general custodian of election records shall ensure that any computer terminals located outside the central counting station that are capable of accessing the automatic tabulating equipment during the tabulation are capable of inquiry functions only and shall ensure that no modem access to the tabulating equipment is available during the tabulation.
(b)  The secretary of state may prescribe procedures for the use of a system to allow results to be transmitted by a modem to the central counting station from units of automatic tabulating equipment located at a precinct polling place or at a regional tabulating center serving several precincts.  The system must provide for a secure transmission of data.  Results may not be transmitted under this subsection until the polls close on election day.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 7, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 48, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.1232. Security of Voted Ballots

Sec. 127.1232.  SECURITY OF VOTED BALLOTS.  (a)  The general custodian of election records shall post a licensed peace officer to ensure the security of ballot boxes containing voted ballots throughout the period of tabulation at the central counting station.
(b)  The general custodian of election records in a county with a population of 100,000 or more shall implement a video surveillance system that retains a record of all areas containing voted ballots:
(1)  from the time the voted ballots are delivered to the central counting station until the canvass of precinct election returns; and
(2)  from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns.
(c)  A video from a system implemented under Subsection (b) shall be made available to the public by a livestream.
(d)  The video recorded is an election record under Section 1.012 and shall be retained by the general custodian of election records until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 7, eff. Sept. 1, 1987.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.18, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.124. Early Processing of Ballots

Sec. 127.124.  EARLY PROCESSING OF BALLOTS.  (a)  The authority adopting an electronic voting system for use in an election in which ballots are processed at a central counting station may provide by resolution, order, or other official action that processing the electronic system ballots will begin while the polls are open for voting on election day.
(b)  The authority shall state in the official action the intervals during the day at which the ballots are to be delivered from the polling places to the central counting station for processing.
(c)  The boxes in which the ballots are delivered to the counting station may be returned to the polling places for use in subsequent deliveries.  If a box to be reused is a sealed ballot box authorized by Subchapter C, the authority responsible for distributing election supplies to the polling places, or the authority's designee, shall lock and seal the box at the counting station in the same manner as for the initial locking and sealing of the box and then deliver it to the appropriate polling place.
(d)  The precinct election records shall be delivered to the central counting station in the last ballot box delivered from the polling place to the counting station.
(e)  The authority may restrict early ballot processing to ballots voted at particular polling places by designating the polling places in the official action providing for the early processing.  The authority may restrict the early processing to activities preparatory to the counting of ballots by stating in the official action the activities that are to be performed before the closing of the polls.
(f)  Early processing of ballots under this section does not affect the time at which the results of the election may be disclosed.
(g)  If the counting of ballots begins before the polls close, the provisions applicable to absences from the polling place by election officers while the polls are open apply to the personnel serving at the central counting station.  The presiding judge shall supervise the absences.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 92, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.125. Preparing Ballots for Automatic Counting

Sec. 127.125.  PREPARING BALLOTS FOR AUTOMATIC COUNTING.  (a)  The manager of a central counting station shall have the ballots prepared for automatic counting.
(b)  The manager shall have the ballots examined to detect any irregularly marked ballots and to determine whether the ballots to be counted automatically are ready for counting and can be properly counted.  The manager shall have each irregularly marked ballot duplicated to indicate the intent of the voter if the voter's intent is clearly ascertainable, unless other law prohibits counting the vote.  After making the appropriate determinations and taking the appropriate actions, the manager shall approve the ballots for counting.
(c)  After the ballots are approved for counting, the manager shall deliver them to the tabulation supervisor or to the supervisor's designee.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2001, 77th Leg., ch. 851, Sec. 4, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1054, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.126. Duplicating Ballots

Sec. 127.126.  DUPLICATING BALLOTS.  (a)  The manager of a central counting station may have ballots duplicated for automatic counting as provided by this section.
(b)  The valid portion of a partially invalid ballot may be duplicated on another ballot so that the valid portion can be automatically counted.
(c)  If an electronic system ballot is damaged to the extent it cannot be automatically counted, the ballot may be duplicated so it can be automatically counted.
(d)  A procedure other than duplication may not be used to process a ballot subject to this section unless the procedure is expressly authorized by the secretary of state.
(e)  Each duplicate ballot must be clearly labeled "Duplicate" and must bear the serial number of the original ballot.
(f)  The duplicate shall be substituted for the original ballot in the ballots prepared for automatic counting.  The original shall be preserved with the other voted ballots for the same period.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 38, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 491, Sec. 2, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 51, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.127. Operating Equipment and Handling Ballots Restricted

Sec. 127.127.  OPERATING EQUIPMENT AND HANDLING BALLOTS RESTRICTED.  A person other than the tabulation supervisor and the assistants to the tabulation supervisor may not operate the automatic tabulating equipment or handle the ballots that are automatically counted from the time the ballots are delivered to the tabulation supervisor for counting until the automatic counting is completed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.