reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter A. Voting Generally › Section 64.007. Spoiled Ballot

Sec. 64.007.  SPOILED BALLOT.  (a)  If a voter mismarks, damages, or otherwise spoils the ballot in the process of voting, the voter is entitled to receive a new ballot by returning the spoiled ballot to an election officer.
(b)  A voter is not entitled to receive more than three ballots.
(c)  An election officer shall maintain a register of spoiled ballots at the polling place.  An election officer shall enter on the register the name of each voter who returns a spoiled ballot and the spoiled ballot's number.  The secretary of state shall create and promulgate a form to be used for this purpose.
(d)  After making the appropriate entry on the register, the election officer shall deposit the spoiled ballot in ballot box no. 4.
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. 3.07, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter A. Voting Generally › Section 64.008. Depositing Ballot

Sec. 64.008.  DEPOSITING BALLOT.  (a)  Except as provided by Subsection (b), after a voter has marked the ballot, the voter shall fold the ballot to conceal the way it is marked but to expose the presiding judge's signature, and shall deposit it in the ballot box used for the deposit of marked ballots.
(b)  After a voter has marked a provisional ballot, the voter shall enclose the ballot in the envelope on which the voter's executed affidavit is printed.  The person shall seal the envelope and deposit it in a box available for the deposit of provisional ballots.
(c)  At the time a person casts a provisional ballot under Subsection (b), an election officer shall give the person written information describing how the person may use the free access system established under Section 65.059 to obtain information on the disposition of the person's vote.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 31, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter A. Voting Generally › Section 64.010. Unlawfully Permitting or Preventing Deposit of Ballot

Sec. 64.010.  UNLAWFULLY PERMITTING OR PREVENTING DEPOSIT OF BALLOT.  (a)  An election officer commits an offense if the officer:
(1)  permits a person to deposit in the ballot box a ballot that the officer knows was not provided at the polling place to the voter who is depositing the ballot or for whom the deposit is made;  or
(2)  prevents the deposit in the ballot box of a marked and properly folded ballot that was provided at the polling place to the voter who is depositing it or for whom the deposit is attempted.
(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 64 - Voting Procedures › Subchapter A. Voting Generally › Section 64.011. Unlawfully Depositing Ballot

Sec. 64.011.  UNLAWFULLY DEPOSITING BALLOT.  (a)  A person commits an offense if the person deposits or attempts to deposit in a ballot box a ballot that was not provided to the person who is depositing the ballot or for whom the deposit is made or attempted.
(b)  An offense under this section is a Class A misdemeanor unless the person is convicted of an attempt.  In that case, the offense 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 64 - Voting Procedures › Subchapter A. Voting Generally › Section 64.012. Illegal Voting

Sec. 64.012.  ILLEGAL VOTING.  (a)  A person commits an offense if the person knowingly or intentionally:
(1)  votes or attempts to vote in an election in which the person knows the person is not eligible to vote;
(2)  votes or attempts to vote more than once in an election;
(3)  votes or attempts to vote a ballot belonging to another person, or by impersonating another person;
(4)  marks or attempts to mark any portion of another person's ballot without the consent of that person, or without specific direction from that person how to mark the ballot; or
(5)  votes or attempts to vote in an election in this state after voting in another state in an election in which a federal office appears on the ballot and the election day for both states is the same day.
(b)  An offense under this section is a felony of the second degree unless the person is convicted of an attempt, in which event it is a state jail felony.
(c)  A person may not be convicted solely upon the fact that the person signed a provisional ballot affidavit under Section 63.011 unless corroborated by other evidence that the person knowingly committed the offense.
(d)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 63, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 393, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 16, eff. January 1, 2012.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 1, eff. December 1, 2017.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 9.03, eff. December 2, 2021.
Acts 2023, 88th Leg., R.S., Ch. 814 (H.B. 1243), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter B. Assisting Voter › Section 64.031. Eligibility for Assistance

Sec. 64.031.  ELIGIBILITY FOR ASSISTANCE.  A voter is eligible to receive assistance in marking or reading the ballot, as provided by this subchapter, if the voter cannot prepare or read the ballot because of:
(1)  a physical disability that renders the voter unable to write or see; or
(2)  an inability to read the language in which the ballot is written.
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. 6.02, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter B. Assisting Voter › Section 64.032. Persons Providing Assistance

Sec. 64.032.  PERSONS PROVIDING ASSISTANCE.  (a)  Except as provided by Subsection (c), on a voter's request for assistance in marking the ballot, two election officers shall provide the assistance.
(b)  If a voter is assisted by election officers in the general election for state and county officers, each officer must be aligned with a different political party unless there are not two or more election officers serving the polling place who are aligned with different parties.
(c)  On the voter's request, the voter may be assisted by any person selected by the voter other than the voter's employer, an agent of the voter's employer, or an officer or agent of a labor union to which the voter belongs.
(d)  If assistance is provided by a person of the voter's choice, an election officer shall enter the person's name and address on the poll list beside the voter's name.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter B. Assisting Voter › Section 64.0321. Definition

Sec. 64.0321.  DEFINITION.  For purposes of this subchapter and Sections 85.035 and 86.010, assisting a voter includes the following conduct by a person other than the voter that occurs while the person is in the presence of the voter's ballot or carrier envelope:
(1)  reading the ballot to the voter;
(2)  directing the voter to read the ballot;
(3)  marking the voter's ballot;  or
(4)  directing the voter to mark the ballot.
Added by Acts 2003, 78th Leg., ch. 393, Sec. 4, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 640, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter B. Assisting Voter › Section 64.0322. Submission of Form by Assistant

Sec. 64.0322.  SUBMISSION OF FORM BY ASSISTANT.  (a)  A person, other than an election officer, who assists a voter in accordance with this chapter is required to complete a form stating:
(1)  the name and address of the person assisting the voter;
(2)  the relationship to the voter of the person assisting the voter; and
(3)  whether the person assisting the voter received or accepted any form of compensation or other benefit from a candidate, campaign, or political committee.
(b)  The secretary of state shall prescribe the form required by this section.  The form must be incorporated into the official carrier envelope if the voter is voting an early voting ballot by mail and receives assistance under Section 86.010, or must be submitted to an election officer at the time the voter casts a ballot if the voter is voting at a polling place or under Section 64.009.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 6.03, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter B. Assisting Voter › Section 64.033. Reading Ballot to Voter

Sec. 64.033.  READING BALLOT TO VOTER.  (a)  If a voter is assisted by election officers, one of them shall read the entire ballot to the voter unless the voter tells the officer that the voter desires to vote only on certain offices or measures.  In that case, the officer shall read those items on the ballot specified by the voter.
(b)  If a voter is assisted by a person of the voter's choice, an election officer shall ask the voter being assisted whether the voter wants the entire ballot read to the voter. If so, the officer shall instruct the person assisting the voter to read the entire ballot to the voter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 64, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter B. Assisting Voter › Section 64.034. Oath

Sec. 64.034.  OATH.  A person, other than an election officer, selected to provide assistance to a voter must take the following oath, administered by an election officer at the polling place, before providing assistance:
"I swear (or affirm) under penalty of perjury that the voter I am assisting represented to me they are eligible to receive assistance; I will not suggest, by word, sign, or gesture, how the voter should vote; I will confine my assistance to reading the ballot to the voter, directing the voter to read the ballot, marking the voter's ballot, or directing the voter to mark the ballot; I will prepare the voter's ballot as the voter directs; I did not pressure or coerce the voter into choosing me to provide assistance; I am not the voter's employer, an agent of the voter's employer, or an officer or agent of a labor union to which the voter belongs; I will not communicate information about how the voter has voted to another person; and I understand that if assistance is provided to a voter who is not eligible for assistance, the voter's ballot may not be counted."
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 358 (H.B. 2475), Sec. 1, eff. September 1, 2013.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 6.04, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter B. Assisting Voter › Section 64.035. Depositing Ballot

Sec. 64.035.  DEPOSITING BALLOT.  After assistance has been provided in marking a ballot, the ballot shall be folded and deposited in the ballot box by the voter or, on the voter's request, by the person assisting the voter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter B. Assisting Voter › Section 64.036. Unlawful Assistance

Sec. 64.036.  UNLAWFUL ASSISTANCE.  (a)  A person commits an offense if the person knowingly:
(1)  provides assistance to a voter who is not eligible for assistance;
(2)  while assisting a voter prepares the voter's ballot in a way other than the way the voter directs or without direction from the voter;
(3)  while assisting a voter suggests by word, sign, or gesture how the voter should vote;  or
(4)  provides assistance to a voter who has not requested assistance or selected the person to assist the voter.
(b)  A person commits an offense if the person knowingly assists a voter in violation of Section 64.032(c).
(c)  An election officer commits an offense if the officer knowingly permits a person to provide assistance:
(1)  to a voter who is not eligible for assistance;  or
(2)  in violation of Section 64.032(c).
(d)  An offense under this section is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 393, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 64 - Voting Procedures › Subchapter B. Assisting Voter › Section 64.037. Unauthorized Assistance Voids Ballot

Sec. 64.037.  UNAUTHORIZED ASSISTANCE VOIDS BALLOT.  If assistance is provided to a voter who is not eligible for assistance, the voter's ballot may not be counted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.001. Counting Officers

Sec. 65.001.  COUNTING OFFICERS.  At each polling place, the ballots shall be counted by one or more teams of election officers assigned by the presiding judge.  Each team must consist of two or more election officers.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.002. Time for Counting

Sec. 65.002.  TIME FOR COUNTING.  (a)  Subject to Subsection (b), the presiding judge may direct the counting of ballots to occur at any time after the polls have been open for one hour.
(b)  While the polls are open and until voting is concluded after the polls close, the ballot box for the deposit of voters' marked ballots may not be opened for the purpose of counting the ballots unless there are at least 10 ballots in the box.
(c)  After the polls close or the last voter has voted, whichever is later, the counting of ballots shall be conducted continuously until all the ballots are counted.
(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1235, Sec. 26(5), eff. September 1, 2009.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 26(5), eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.003. Rotating Ballot Boxes No

Sec. 65.003.  ROTATING BALLOT BOXES NO. 1 AND NO. 2.  (a)  If the counting of the ballots is to begin before voting is concluded, ballot box no. 1 and ballot box no. 2 shall be used on a rotating basis at the polling place.
(b)  When either ballot box no. 1 or no. 2 containing marked ballots is delivered to the election officers counting the ballots, the other box shall be immediately made available for the deposit of marked ballots.
(c)  Before the ballot box is positioned for the receipt of marked ballots, an election officer shall examine it, remove its contents, and lock the box.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.004. Tally Lists

Sec. 65.004.  TALLY LISTS.  Three original tally lists shall be maintained at the polling place to record the number of votes received for the candidates and for and against the measures voted on.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.005. Tallying the Votes

Sec. 65.005.  TALLYING THE VOTES.  (a)  One member of the counting team shall examine each ballot and clearly announce the name of each candidate for whom a vote has been received or whether a vote has been received for or against a measure.  The other members of the counting team shall record the votes on the tally lists as they are announced.
(b)  The counting team shall compare the tally lists periodically to determine whether discrepancies exist among them.  If a discrepancy is discovered, the ballots shall be recounted and the necessary corrections shall be made on the lists.
(c)  On completing the count, each member of the counting team assigned to tally votes shall compute the total number of votes tallied on the list the member has kept and enter the totals on the tally list.  After verifying that the three lists are in agreement, each counting officer shall sign the list that the officer has kept.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1078, Sec. 12, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.006. Replacing Member of Counting Team

Sec. 65.006.  REPLACING MEMBER OF COUNTING TEAM.  (a)  A member of a counting team may not be replaced after vote tallying is begun unless each existing discrepancy among the three tally lists is corrected before the replacement is made.
(b)  If a counting officer is replaced on a counting team after the tallying is begun, the officer to be replaced shall certify the accuracy of the list the officer has kept, as of the time of the replacement, by signing the list at that time.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.008. Tallying Write-in Votes

Sec. 65.008.  TALLYING WRITE-IN VOTES.  (a)  In an election in which write-in voting is permitted, the name of a write-in candidate shall be entered on the tally list and votes for that candidate shall be tallied in the same manner as votes for a candidate whose name appears on the ballot.
(b)  A write-in vote may not be counted if a sticker containing a candidate's name is affixed to the ballot by the voter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.009. Counting Irregularly Marked Ballot

Sec. 65.009.  COUNTING IRREGULARLY MARKED BALLOT.  (a)  Failure to mark a ballot in strict conformity with this code does not invalidate the ballot.
(b)  Marking the ballot by marking through the names of candidates for whom or the statements beside the propositions for which the voter does not desire to vote does not invalidate the ballot.
(c)  A vote on an office or measure shall be counted if the voter's intent is clearly ascertainable unless other law prohibits counting the vote.
(d)  The intent of the voter in marking a ballot may be determined by:
(1)  a distinguishing mark adjacent to the name of a candidate or political party or a voting choice associated with a proposition;
(2)  an oval, box, or similar marking clearly drawn around the name of a candidate or political party or a voting choice associated with a proposition;
(3)  a line drawn through:
(A)  the names of all candidates in a manner that indicates a preference for the candidates not marked if the names of the candidates not marked do not exceed the number of persons that may be elected to that office;
(B)  the name of each political party except one in a manner that clearly indicates a preference for the political party not marked;  or
(C)  a voting choice associated with a proposition in a manner that clearly indicates a preference for the other voting choice associated with the proposition;  or
(4)  any other evidence that clearly indicates the intent of the voter in choosing a candidate or political party or deciding on a proposition.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 33, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.010. Ballots Not Counted

Sec. 65.010.  BALLOTS NOT COUNTED.  (a)  The following ballots may not be counted:
(1)  a ballot that is not provided to the voter at the polling place;
(2)  two or more ballots that are folded together in a manner indicating that they were folded together when deposited in the ballot box;
(3)  a write-in envelope containing a write-in vote without an attached ballot;
(4)  a ballot that has not been deposited in the ballot box used for the deposit of marked ballots;  or
(5)  a provisional ballot that is not accepted under Subchapter B.
(b)  If a ballot is unnumbered or the signature of the presiding judge does not appear on the back of a ballot, the presiding judge shall examine it to determine whether the ballot is not to be counted under Subsection (a)(1).
(c)  If a ballot is not counted, an election officer shall indicate on the back of the ballot the reason for not counting it.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 18, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1078, Sec. 13, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 34, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.011. Overvoting

Sec. 65.011.  OVERVOTING.  If a voter marks the ballot for more candidates for an office than the number of persons to be elected for that office, none of the votes may be counted for that office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 19, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 4, eff. September 1, 2020.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.012. Depositing Ballot in Ballot Box No

Sec. 65.012.  DEPOSITING BALLOT IN BALLOT BOX NO. 3.  (a)  After a ballot is counted, it shall be deposited in ballot box no. 3.
(b)  A voted ballot that is not counted shall also be deposited in ballot box no. 3.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.013. Ballot Register

Sec. 65.013.  BALLOT REGISTER.  (a)  Each presiding judge shall prepare a ballot register as provided by this section.
(b)  The register must state:
(1)  the total number of ballots received for conducting voting at the polling place;
(2)  the number of defectively printed ballots received;
(3)  the number of ballots provided to voters as indicated by the number of voters on the poll list;
(4)  the number of spoiled ballots returned by voters;  and
(5)  the number of unused ballots that are not accounted for as defectively printed ballots.
(c)  The ballot register shall be prepared as an original and one copy, and on completing the register, the presiding judge shall sign each one to certify its accuracy.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.014. Preparing the Precinct Returns

Sec. 65.014.  PREPARING THE PRECINCT RETURNS.  (a)  On completion of the vote count, the presiding judge shall prepare the returns of the election for the precinct.
(b)  The returns must state:
(1)  the total number of voters who voted at the polling place as indicated by the poll list;  and
(2)  the total number of votes counted for each candidate and for and against each measure.
(c)  The returns shall be prepared as an original and three copies, and on completing the returns, the presiding judge shall sign each one to certify its accuracy.
(d)  A presiding judge commits an offense if the judge knowingly fails:
(1)  to include in the precinct returns the applicable information required by this code;  or
(2)  to complete the returns in time for them to be delivered by the deadline prescribed by Section 66.053(c) for delivery of the precinct election records.
(e)  An offense under Subsection (d) 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 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.015. Announcing Partial Results

Sec. 65.015.  ANNOUNCING PARTIAL RESULTS.  (a)  Subject to Subsection (b), after the polls close and the last voter has voted, the presiding judge may announce the status of the vote count from time to time.
(b)  The local canvassing authority may require the announcements or prohibit them.
(c)  The announcements shall be made at the entrance to the polling place.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.016. Internet Posting of Election Results

Sec. 65.016.  INTERNET POSTING OF ELECTION RESULTS.  (a)  A county that holds or provides election services for an election and maintains an Internet website shall post on its public Internet website for an election of public officials or of a governmental entity authorized by law to impose a tax administered by the county:
(1)  the results of each election;
(2)  the total number of votes cast;
(3)  the total number of votes cast for each candidate or for or against each measure;
(4)  the total number of votes cast by personal appearance on election day;
(5)  the total number of votes cast by personal appearance or mail during the early voting period; and
(6)  the total number of counted and uncounted provisional ballots cast.
(b)  A city or independent school district that holds an election and maintains an Internet website shall post on its public Internet website for the city or independent school district, as applicable:
(1)  the results of each election;
(2)  the total number of votes cast;
(3)  the total number of votes cast for each candidate or for or against each measure;
(4)  the total number of votes cast by personal appearance on election day;
(5)  the total number of votes cast by personal appearance or mail during the early voting period; and
(6)  the total number of counted and uncounted provisional ballots cast.
(c)  The information described by Subsections (a) and (b) must be:
(1)  posted as soon as practicable after the election; and
(2)  accessible without having to make more than two selections or view more than two network locations after accessing the Internet website home page of the county, city, or district, as applicable.
Added by Acts 2021, 87th Leg., R.S., Ch. 436 (S.B. 1116), Sec. 1, eff. September 1, 2021.
For expiration of this section, see Subsection (g).
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter A. Counting Votes Generally › Section 65.017. Video Recording of Ballot Counting and Processing

Sec. 65.017.  VIDEO RECORDING OF BALLOT COUNTING AND PROCESSING.  (a)  Except as provided by Subsection (d), the secretary of state shall establish a pilot program requiring a county to use a video recording device to record:
(1)  all areas containing voted ballots in:
(A)  each central counting station in the manner required by Section 127.1232; or
(B)  if the county has not established a central counting station, not less than 20 percent of precincts in the county; and
(2)  ballot counting activity performed by the early voting ballot board after the polls close on election day, including the processing of:
(A)  early voting ballots voted by mail;
(B)  early voting ballots voted by mail that have had a defect corrected under Section 87.0411; and
(C)  provisional ballots.
(b)  The secretary of state shall select six counties to take part in the pilot program, including:
(1)  two counties with a population of more than 100,000 and not more than 500,000;
(2)  two counties with a population of not less than 50,000 and not more than 100,000; and
(3)  two counties with a population of not more than 5,000.
(c)  The secretary of state shall adopt procedures to implement this section, including procedures to determine which counties may participate in the pilot program under this section.
(d)  The procedures adopted under Subsection (c) may not violate the requirements of Section 61.014.
(e)  The secretary of state shall operate the pilot program established under this section until January 1, 2025.
(f)  Not later than January 1, 2025, the secretary of state shall file a report with the legislature. The report must state:
(1)  which counties participated in the pilot program;
(2)  the number of precincts and central counting stations that recorded video;
(3)  any best practices for placement and use of the video recording devices, including:
(A)  best angles for visibility;
(B)  best distance between device and counting station; and
(C)  best devices for clarity;
(4)  the cost and availability of broadband Internet connectivity required to implement the program; and
(5)  any other information and recommendations considered necessary by the secretary of state.
(g)  This section expires January 1, 2025.
Added by Acts 2023, 88th Leg., R.S., Ch. 1112 (H.B. 246), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter B. Verification and Counting of Provisional Ballots › Section 65.051. Duty of Early Voting Ballot Board

Sec. 65.051.  DUTY OF EARLY VOTING BALLOT BOARD.  (a)  The early voting ballot board shall verify and count provisional ballots as provided by this subchapter not later than the ninth day after the date of an election.
(a-1)  Notwithstanding Subsection (a), for an election held on the date of the general election for state and county officers, the early voting ballot board shall verify and count provisional ballots as provided by this subchapter not later than the 13th day after the date of the election.
(b)  Except as provided by this subchapter, the conduct of the board is governed by the same procedures as are provided by Chapter 87.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 84 , Sec. 31, eff. September 1, 2015.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 7, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 891 (H.B. 985), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 5, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 31, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter B. Verification and Counting of Provisional Ballots › Section 65.052. Duty of Voter Registrar

Sec. 65.052.  DUTY OF VOTER REGISTRAR.  The secretary of state shall prescribe procedures by which the voter registrar of the county in which a provisional ballot is cast shall provide assistance to the early voting ballot board in executing its authority under this subchapter.  In an election described by Section 65.051(a-1), the procedures must allow for 10 calendar days for the voter registrar to review a provisional voter's eligibility.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1, 2004.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 891 (H.B. 985), Sec. 2, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 43, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter B. Verification and Counting of Provisional Ballots › Section 65.053. Delivery of Provisional Ballots

Sec. 65.053.  DELIVERY OF PROVISIONAL BALLOTS.  The presiding judge of an election precinct shall deliver in person to the general custodian of election records the box containing each envelope containing a provisional ballot that was cast in the precinct.  The secretary of state shall prescribe procedures by which the early voting ballot board may have access to the provisional ballots as necessary to implement this subchapter.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter B. Verification and Counting of Provisional Ballots › Section 65.054. Accepting Provisional Ballot

Sec. 65.054.  ACCEPTING PROVISIONAL BALLOT.  (a)  The early voting ballot board shall examine each affidavit executed under Section 63.011 and determine whether to accept the provisional ballot of the voter who executed the affidavit.
(b)  A provisional ballot shall be accepted if the board determines that:
(1)  from the information in the affidavit or contained in public records, the person is eligible to vote in the election and has not previously voted in that election;
(2)  the person:
(A)  meets the identification requirements of Section 63.001(b) at the time the ballot was cast or in the period prescribed under Section 65.0541;
(B)  notwithstanding Chapter 110, Civil Practice and Remedies Code, executes an affidavit under penalty of perjury that states the voter has a religious objection to being photographed and the voter has consistently refused to be photographed for any governmental purpose from the time the voter has held this belief; or
(C)  executes an affidavit under penalty of perjury that states the voter does not have any identification meeting the requirements of Section 63.001(b) as a result of a natural disaster that was declared by the president of the United States or the governor, occurred not earlier than 45 days before the date the ballot was cast, and caused the destruction of or inability to access the voter's identification; and
(3)  the voter has not been challenged and voted a provisional ballot solely because the voter did not meet the requirements for identification prescribed by Section 63.001(b).
(c)  If a provisional ballot is accepted, the board shall enter the voter's name on a list of voters whose provisional ballots are accepted.
(d)  If a provisional ballot is rejected, the board shall indicate the rejection by marking "rejected" on the envelope containing the provisional ballot.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1078 (H.B. 2823), Sec. 2, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 17, eff. January 1, 2012.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter B. Verification and Counting of Provisional Ballots › Section 65.0541. Presentation of Identification for Certain Provisional Ballots

Sec. 65.0541.  PRESENTATION OF IDENTIFICATION FOR CERTAIN PROVISIONAL BALLOTS.  (a)  A voter who is accepted for provisional voting under Section 63.011 because the voter does not meet the identification requirements of Section 63.001(b) may, not later than the sixth day after the date of the election:
(1)  present a form of identification described by Section 63.0101 to the voter registrar for examination; or
(2)  execute an affidavit described by Section 65.054(b)(2)(B) or (C) in the presence of the voter registrar.
(b)  The secretary of state shall prescribe procedures as necessary to implement this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 18, eff. January 1, 2012.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter B. Verification and Counting of Provisional Ballots › Section 65.055. Disposition of Accepted Provisional Ballot and Affidavit

Sec. 65.055.  DISPOSITION OF ACCEPTED PROVISIONAL BALLOT AND AFFIDAVIT.  (a)  The early voting ballot board shall open each envelope containing an accepted provisional ballot without defacing the affidavit located on the outside of the envelope and shall remove the ballot.
(b)  The board shall place the ballot in a ballot box containing all the provisional ballots accepted for voting in the election.
(c)  For each accepted provisional ballot, the board shall place the corresponding envelope on which is printed the voter's affidavit executed under Section 63.011 in a sealed envelope and shall deliver the envelope to the general custodian of election records, to be retained for the period for preserving precinct election returns.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter B. Verification and Counting of Provisional Ballots › Section 65.056. Disposition of Rejected Provisional Ballot

Sec. 65.056.  DISPOSITION OF REJECTED PROVISIONAL BALLOT.  (a)  If the affidavit on the envelope of a rejected provisional ballot contains the information necessary to enable the person to register to vote under Chapter 13, the voter registrar shall make a copy of the affidavit under procedures prescribed by the secretary of state.  The voter registrar shall treat the copy as an application for registration under Chapter 13.
(b)  The early voting ballot board shall place the envelopes containing rejected provisional ballots in an envelope and shall seal the envelope.  More than one envelope may be used if necessary.
(c)  The envelope for the rejected provisional ballots must indicate the date and identity of the election, be labeled "rejected provisional ballots," and be signed by the board's presiding judge.
(d)  A board member shall deliver the envelope containing the rejected provisional ballots to the general custodian of election records to be preserved for the period for preserving the precinct election records.  The envelope may not be placed in the box containing the accepted provisional ballots.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter B. Verification and Counting of Provisional Ballots › Section 65.057. Processing Accepted Provisional Ballots

Sec. 65.057.  PROCESSING ACCEPTED PROVISIONAL BALLOTS.  (a)  The early voting ballot board shall count accepted provisional ballots as follows:
(1)  for ballots to be counted manually, in the manner provided by Subchapter D, Chapter 87;
(2)  for ballots to be counted by automatic tabulating equipment at a central counting station, in the manner provided by Subchapter F, Chapter 87;  and
(3)  for ballots to be counted by any other means, in the manner provided by rules adopted by the secretary of state.
(b)  On counting the ballots under this section, the board shall report the results to the local canvassing authority for the election.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter B. Verification and Counting of Provisional Ballots › Section 65.058. Preservation of Provisional Voting Records Generally

Sec. 65.058.  PRESERVATION OF PROVISIONAL VOTING RECORDS GENERALLY.  The returns of provisional ballots that are accepted, the accepted ballots, and other provisional voting records shall be preserved after the election in the same manner as the corresponding precinct election returns.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter B. Verification and Counting of Provisional Ballots › Section 65.0581. Public Inspection of Provisional Voting Records

Sec. 65.0581.  PUBLIC INSPECTION OF PROVISIONAL VOTING RECORDS.  Provisional voting records are not available for public inspection until the first business day after the date the early voting ballot board completes the verification and counting of provisional ballots under Section 65.051 and delivers the provisional ballots and other provisional voting records to the general custodian of election records.
Added by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 44, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter B. Verification and Counting of Provisional Ballots › Section 65.059. Notice to Provisional Voter

Sec. 65.059.  NOTICE TO PROVISIONAL VOTER.  The secretary of state shall prescribe procedures to implement a system to allow a person who casts a provisional ballot under Section 63.011 to obtain access free of charge to information on the disposition of the person's ballot.  The system:
(1)  must allow the person to determine whether the person's ballot was counted, and, if the person's ballot was not accepted, must indicate the reason why;
(2)  must provide the information only to the person who cast the provisional ballot;  and
(3)  may involve the use of a toll-free telephone number or the Internet.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 65 - Counting Votes and Preparing Returns › Subchapter B. Verification and Counting of Provisional Ballots › Section 65.060. Disclosure of Social Security, Driver's License, or Personal Identification Number on Provisional Ballot Affidavit

Sec. 65.060.  DISCLOSURE OF SOCIAL SECURITY, DRIVER'S LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT AFFIDAVIT.  A social security number, Texas driver's license number, or number of a personal identification card issued by the Department of Public Safety furnished on a provisional ballot affidavit is confidential and does not constitute public information for purposes of Chapter 552, Government Code.  The general custodian of election records shall ensure that a social security number, Texas driver's license number, or number of a personal identification card issued by the Department of Public Safety is excluded from disclosure.
Added by Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.13, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter A. General Provisions › Section 66.001. General Custodian of Election Records

Sec. 66.001.  GENERAL CUSTODIAN OF ELECTION RECORDS.  The general custodian of election records is:
(1)  the county clerk of each county wholly or partly situated in the territory covered by the election, for an election ordered by the governor or by a county authority or for a primary election;
(2)  the city secretary, for an election ordered by a city authority;  and
(3)  the secretary of the political subdivision's governing body or, if the governing body has no secretary, the governing body's presiding officer, for an election ordered by an authority of a political subdivision other than a county or city.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter A. General Provisions › Section 66.002. Precinct Election Records

Sec. 66.002.  PRECINCT ELECTION RECORDS.  In this chapter, "precinct election records" means the precinct election returns, voted ballots, and other records of an election that are assembled and distributed under this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter A. General Provisions › Section 66.0021. Election Day Vote Total for Certain Elections

Sec. 66.0021.  ELECTION DAY VOTE TOTAL FOR CERTAIN ELECTIONS.  (a)  This section applies only to a primary election or the general election for state and county officers.
(b)  The general custodian of election records for a primary election or the general election for state and county officers shall maintain a list that states the total number of votes cast in each precinct by personal appearance on election day that is available for public inspection not later than the day after election day.
(c)  Each vote total shall be maintained in a downloadable format approved by the secretary of state and posted on the Internet website of the secretary of state.
(d)  The secretary of state shall create a system for an early voting clerk for a primary election or the general election for state and county officers to provide the information to the secretary of state for posting on the secretary of state's Internet website under Subsection (c).
Added by Acts 2019, 86th Leg., R.S., Ch. 1215 (S.B. 902), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter A. General Provisions › Section 66.003. Envelopes for Distribution of Records

Sec. 66.003.  ENVELOPES FOR DISTRIBUTION OF RECORDS.  (a)  Four envelopes shall be furnished to each polling place for use in assembling and distributing the precinct election records.
(b)  The envelopes shall be labeled and addressed as follows:
(1)  "Envelope No. 1," addressed to the presiding officer of the local canvassing authority;
(2)  "Envelope No. 2," addressed to the general custodian of election records;
(3)  "Envelope No. 3," addressed to the presiding judge;  and
(4)  "Envelope No. 4," addressed to the voter registrar.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 12(b), eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1078, Sec. 14, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 36, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter A. General Provisions › Section 66.004. Polling Place Checklists

Sec. 66.004.  POLLING PLACE CHECKLISTS.  The secretary of state shall adopt rules and create a checklist or similar guidelines to assist the presiding judge of a polling place in processing forms and conducting procedures required by this code at the opening and closing of the polling place.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.08, eff. December 2, 2021.