reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.17 - Competitive Bidding Required

Current through Reg. 49, No. 28; July 12, 2024
Except for the purchase of voter registration advertising
					 and temporary staff the voter registrar shall submit bids for the purchase of
					 items or services to be paid for with Chapter 19 funds according to the
					 following guidelines:
(1) No
				  competitive bids for individual purchases of less than $5,000 are required.
				  However, the voter registrar shall take the steps necessary to insure that all
				  charges are reasonable and competitive relative to the local market. (Note: A
				  large purchase may not be divided into small lot purchases to circumvent the
				  dollar limits established by this section. For example, expenditures for
				  computer equipment to a single vendor that total more than $5,000 are subject
				  to the competitive bid requirement and may not be split between
				  printers/scanner/computers.)
(2)
				  For purchases of $5,000 or more, competitive bidding procedures must be
				  followed. Generally, a county must receive a minimum of three written bids from
				  three different vendors stating the vendor's name, complete mailing address,
				  telephone number, and the amount of the bid. A copy of the bids as well as the
				  selection documentation, including the solicitation and the scoring tools, must
				  be maintained by the county and made available to the Agency upon
				  request.
(3) If a purchase is
				  through the Texas Procurement and Support Services (TPASS) cooperative
				  purchasing programs for state contract purchasing for the State of Texas, bids
				  are not required. Proper documentations must be submitted to indicate the type
				  of procurement service used and the source for those services.
(4) Sole source vendor purchases and
				  situations when the lowest bid is not accepted are discouraged. In rare
				  instances when this type of purchase is required, a justification must be
				  signed by the county purchasing authority and be made available to the Agency
				  upon request.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.18 - Approval Requirements for the Secretary of State

Current through Reg. 49, No. 28; July 12, 2024
A Chapter 19 Purchase Request shall not be processed for
					 payment without the written or electronic approval of the Election Funds
					 Manager and the Director of Elections.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.19 - Method of Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) All payments made
				  from Chapter 19 funds will be issued on a reimbursement basis.
(b) Payments issued by the Comptroller of
				  Public Accounts will be payable to the county, in the form of direct deposit to
				  a new or pre-existing bank account as directed by the voter registrar.
(1) If the county establishes a new account,
				  the county must budget funds to cover all setup fees, check orders and/or
				  service charges associated with opening and maintaining the new account.
				  Chapter 19 funds will not incur any fees or service charges associated with the
				  setting up of a new account. Please note: our office encourages the county to
				  use an existing account and develop a separate fund. Whether a separate Chapter
				  19 fund is created in an existing account or a separate account is established,
				  it will be the county's responsibility to maintain a separate bookkeeping
				  system to identify the debits and credits relating to all activities from the
				  receipt of Chapter 19 funds.
(2)
				  The county voter registrar will use such account for the purpose of depositing
				  and/or expending Chapter 19 funds.
(3) The voter registrar shall not commingle
				  Chapter 19 fund ledger accounts with any other county fund ledger
				  account.
(4) Except for travel
				  expenses authorized by §
											RSA
				  81.23 of this title (relating to Travel Using
				  Chapter 19 Funds Authorized), no cash payments may be made from Chapter 19
				  funds. All disbursement payments of Chapter 19 funds must be made by check or
				  state transfer drawn on the Chapter 19 prescribed bank account as described
				  above.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.20 - Ownership of Equipment Purchased with Chapter 19 Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Items and equipment purchased with
				  Chapter 19 funds are the property of the county.
(b) The county is responsible for the upkeep
				  and maintenance of such items and equipment through adequate property
				  management practices.
(c) If items
				  or equipment that were originally purchased with Chapter 19 funds are no longer
				  needed or useful for voter registration purposes, the items or equipment may be
				  transferred, with the voter registrar's approval, to other county
				  uses.
(d) If the items or equipment
				  are no longer needed by the county, they may be disposed of in the manner set
				  by county guidelines.
(e) Proceeds
				  received from the sale of items or equipment purchased with Chapter 19 funds
				  may be used only for voter registration purposes in a manner consistent with
				  these rules.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.21 - Records Maintenance and Payment Reviews

Current through Reg. 49, No. 28; July 12, 2024
(a) All supporting documentation must be
				  maintained at the county level and made available to the Agency upon request
				  for three (3) state fiscal years after the fiscal year in which the funding
				  lapses.
(b) Supporting
				  documentation that must be maintained by the county includes but is not limited
				  to the following documents:
(1) Invoices from
				  the vendor and a copy of the county paid voucher, ledger or bank statement
				  substantiating the payment. The signed timesheet required by §
											RSA
				  81.22 of this title (relating to Use of
				  Chapter 19 Funds for Temporary Employees) will be considered a "vendor's
				  invoice" for purposes of this rule.
(2) All procurement documentation including
				  the solicitation, bids, scoring documents, selection criteria, sole source or
				  best value justification, if applicable, and any other relevant
				  records.
(3) Any documents relating
				  to Chapter 19 requests.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.22 - Use of Chapter 19 Funds for Temporary Employees

Current through Reg. 49, No. 28; July 12, 2024
The Commissioners Court must budget for the adequate
					 staffing of the voter registrar's office. Chapter 19 funds may be used for
					 temporary personnel when exigent circumstance arise beyond the staffing
					 resources budgeted by the Commissioners Court.
(1) Permanent full-time and part-time county
				  employees may not be compensated with Chapter 19 funds. The voter registrar may
				  have Chapter 19 funded temporary staffing a maximum of any 39 weeks out of the
				  52-week state fiscal year (September 1 through August 31). For example, if
				  Employee A works one week and Employee B works the next week, the county is
				  allowed only 37 more weeks of Chapter 19 funded temporary personnel. However,
				  if the county employs 15 temporaries in the same week, this would count as only
				  one week of the 39-week allowance. For tracking purposes, working one day of
				  one week counts the same as working an entire week. For example, if Employee C
				  works Monday only, it will count as one week of the 39-week Chapter 19
				  allowance.
(2) The Agency does not
				  issue tax forms to temporary employees funded with Chapter 19 funds. For this
				  reason, the Agency recommends that temporary employment agencies be used if
				  available.
(3) The voter registrar
				  should discuss the tax implications of using temporary personnel with the
				  county auditor.
(4) The fee or rate
				  of pay to be paid to temporary employees must reflect the fee or rate
				  prevailing in the locale for the same or similar services.
(5) Work related injuries to temporary
				  personnel hired with Chapter 19 funds are not the liability of the
				  Agency.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.23 - Travel Using Chapter 19 Funds Authorized

Current through Reg. 49, No. 28; July 12, 2024
(a) Chapter 19 funds
				  may be used to pay travel expenses incurred by the voter registrar and
				  full-time permanent voter registration staffers to attend voter registration
				  and/or election administration seminars and demonstrations that directly
				  advance voter registration efforts.
(b) All voter registrars who seek
				  reimbursement from Chapter 19 funds should plan their travel to achieve maximum
				  economy and efficient means of transportation.
(c) The following limitations apply to
				  Chapter 19 travel:
(1) The lowest available
				  rates and fares shall be utilized.
(2) Reimbursements will be made based on
				  actual costs.
(3) Lodging, per
				  diem, and mileage rates may not exceed those set by the Texas Comptroller of
				  Public Accounts.
(4) Reimbursements
				  for lodging, per diem (including partial per diem), and mileage rates may not
				  be charged to Chapter 19 unless the employee conducts travel beyond 25 miles of
				  his or her designated headquarters.
(5) Travel by personal car is reimbursable at
				  the rate set by the Texas Comptroller of Public Accounts per mile with mileage
				  computed using the originating county seat as the departure point and computing
				  final mileage using the mapping tool on the Chapter 19 web-based
				  application.
(6) If more than one
				  person is traveling from the same headquarters to the same destination, the
				  travelers are to ride together in a single automobile if practicable.
(7) The rental of luxury cars will be
				  disallowed, except in special circumstances requiring the use of large cars,
				  i.e., several employees are traveling together or large volumes of equipment or
				  supplies are being transported.
(8)
				  Chapter 19 funds will not cover expenses for first class accommodations, tips,
				  gratuities, valet parking or alcoholic beverages.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.24 - Membership Dues Detailed

Current through Reg. 49, No. 28; July 12, 2024
Membership dues to groups or associations are payable with
					 Chapter 19 funds only if the group's or association's activities or mission
					 directly involve voter registration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.25 - Voter Registration Drives Encouraged

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to §
										81.12 of this title (relating to
				  Applicable Sections of the Texas Election Code), efforts to increase the number
				  of registered voters in the county are payable with Chapter 19 funds.
(b) Voter registration drive efforts include
				  but are not limited to mailouts of applications to households, insertion of
				  applications into newspapers, distributing applications at public locations,
				  and other forms of advertising.
(c)
				  "Promotional items" are not payable with Chapter 19 funds. Examples of
				  non-payable promotional items include but are not limited to memorabilia,
				  models, gifts, souvenirs, and other such novelties or items of nominal,
				  non-educational value. Materials with public information value, such as items
				  that provide a website address or other information relevant to voter
				  registration, are permissible. Items purchased with Chapter 19 funds may
				  include only the county and title of the voter registrar's office.
(d) Names of specific individuals may not be
				  included on such materials. Chapter 19 funded voter registration drives must
				  not promote a particular party, candidate, or issue. Chapter 19 funds may not
				  be used for food and drink purchases, except for travel expenses allowed under
				  §
										81.23 of this title (relating to
				  Travel Using Chapter 19 Funds Authorized).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.26 - Technology Purchases Encouraged

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Chapter 19 funds may be used for the purchase and initial installation of
				  technological improvements for the voter registration office.
(b) "Technological improvements" include but
				  are not limited to computer hardware, printers, and computer training. Computer
				  programs and software that are necessary for the operation of the voter
				  registration office are payable with Chapter 19 funds.
(c) Pursuant to §
										RSA
				  81.22 of this title (relating to Chapter 19
				  Funds for Temporary Employees), the county may not be reimbursed for the
				  compensation of full or part-time county employees and programmers.
(d) The cost of providing the information
				  required by § 18.063 of the Texas Election Code is specifically payable
				  with Chapter 19 funds.
(e) Pursuant
				  to §
										RSA
				  81.20 of this title (relating to Ownership of
				  Equipment Purchased with Chapter 19 Funds), the upkeep and maintenance of items
				  purchased with Chapter 19 funds is the responsibility of the county.
(f) Pursuant to §
										RSA
				  81.12 of this title (relating to Applicable
				  Sections of the Texas Election Code), the voter registrar must prorate the cost
				  between the county and Chapter 19 funds, if the purchased item is not entirely
				  related to voter registration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.27 - Electronic Office Equipment Purchases Encouraged

Current through Reg. 49, No. 28; July 12, 2024
(a) Chapter 19 funds may be used for the
				  purchase of electronic office equipment.
(1)
				  Examples of "electronic office equipment" include but are not limited to
				  copiers, fax machines, optical imaging systems, electronic retriever file
				  systems and typewriters.
(2)
				  Examples of office equipment that are considered general voter registration
				  office operating expenses and not payable with Chapter 19 funds pursuant to
				  §
											RSA
				  81.14 of this title (relating to Normal
				  Day-To-Day Operation--Defined) include but are not limited to office furniture
				  such as desks, chairs and file cabinets.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.28 - NVRA - Expenses Payable

Current through Reg. 49, No. 28; July 12, 2024
The NVRA amends the Texas Election Code, §
										RSA
					 19.004, to allow expenses incurred by the
					 voter registrar in implementing and conducting the duties required by this act
					 to be payable with Chapter 19 funds. Examples of payable expenses under the
					 NVRA include but are not limited to computer programming changes required by
					 §15.081 and the printing and mailing of confirmation notices required by
					 §§13.146, 14.023, 16.0921.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.29 - Adherence to Rules Required

Current through Reg. 49, No. 28; July 12, 2024
Failure to adhere to these rules may result in the denial
					 of reimbursement from Chapter 19 funds.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter B - EARLY VOTING › Section 81.30 - Machines To Be Sealed

Current through Reg. 49, No. 28; July 12, 2024
Where absentee voting is conducted on voting machines, the
					 absentee voting clerk shall seal such machines at the close of each day's
					 voting in the presence of poll watchers, if any, and such seal shall be broken
					 by the clerk in the presence of poll watchers, if any, the following morning
					 when absentee voting resumes. The authority conducting the election may provide
					 for a written record to be made by the absentee voting clerk of the numbers
					 registered on the public counter each time the machine is sealed or
					 unsealed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter B - EARLY VOTING › Section 81.31 - List of Declared Write-In Candidates for Mail Ballots

Current through Reg. 49, No. 28; July 12, 2024
A list of declared write-in candidates shall be mailed with
					 the other balloting materials to voters voting early by mail in the general
					 election for state and county officers and all other elections that require
					 candidates to file a declaration of write-in candidacy in order to have a vote
					 counted for that candidate.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter B - EARLY VOTING › Section 81.32 - Late Convening of Early-Voting Ballot Board in Elections Other than General Election for State and County Officers

Current through Reg. 49, No. 28; July 12, 2024
The presiding judge of the early-voting ballot board shall
					 convene the board between the third and fifth day after election day to count
					 late early-voted ballots cast from outside the country and placed in delivery
					 by 7:00 p.m. on election day, so that the governing body of the territory
					 conducting the election can timely canvass the election returns no earlier than
					 the third day or later than the sixth day after election day.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter B - EARLY VOTING › Section 81.33 - Late Convening of Early-Voting Ballot Board in Primary Elections

Current through Reg. 49, No. 28; July 12, 2024
The presiding judge of the early-voting ballot board shall
					 convene the board to count late early-voted ballots cast from outside the
					 country and placed in delivery by 7:00 p.m. on election day, at any time after
					 the last mail delivery occurring two days after the election, or when the early
					 voting clerk certifies that all early-voting ballots mailed from outside the
					 United States have been received, whichever is earlier. The precise time for
					 the convening of the board shall be within the discretion of the presiding
					 judge, with a view toward allowing ample time for the board and the central
					 counting station personnel (if applicable) to discharge its duties so that the
					 county executive committee can timely convene at no later than 1:00 p.m. on the
					 third day after election day.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter B - EARLY VOTING › Section 81.34 - Security of Early-Voting Ballots under Election Code, Section RSA 85.032(f)

Current through Reg. 49, No. 28; July 12, 2024
(a) If the early-voting
				  ballot board convenes before election day, the presiding judge shall, upon each
				  adjournment of the board, lock and seal each ballot box prior to returning the
				  boxes to the custodian of records. The judge shall complete a ballot-box
				  security form showing each serial number used to seal each box. The form shall
				  be signed by the judge and another early-voting ballot board member who have
				  witnessed the procedure. In a general election for state and county officers,
				  the early-voting ballot board member must be from a different political party
				  than the judge. The custodian of records shall also sign the form.
(b) The presiding judge shall retain the
				  key(s) used to lock the ballot box(es). In the event that the judge is
				  unwilling to retain the key, the key shall be retained by the authority
				  designated in accordance with §66.060(a) of the Code.
(c) Upon reconvening the ballot board, the
				  presiding judge shall ensure that each ballot box is intact. The presiding
				  judge shall follow these procedures each day except upon final delivery to the
				  custodian of records or delivery to the central counting station.
(d) If it is impracticable for the
				  ballot-board judge to deliver the ballot boxes each day upon adjournment, the
				  authority conducting the election shall submit to the Office of the Secretary
				  of State an alternative plan for the security of the ballots for
				  approval.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter B - EARLY VOTING › Section 81.35 - Voting from Outer Space

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
				  meets the eligibility requirements of a voter under the Texas Election Code,
				  Chapter 101, but who will be on a space flight during the early-voting period
				  and on election day, may vote under this chapter. In order to vote by this
				  method, the voter must apply by a Federal Postcard Application ("FPCA") and
				  meet the requisite deadlines under state law. The FPCA may be submitted by fax
				  or other electronic means.
(b) The
				  National Aeronautics and Space Administration ("NASA") shall submit in writing
				  to the Secretary of State a method of transmitting and receiving a secret
				  ballot for persons on a space flight during an election period. The Secretary
				  of State shall approve, deny, or request further information from NASA on the
				  proposed method of transmission.
(c) Proposed changes to an approved ballot
				  transmission method shall be submitted in writing to the Secretary of State for
				  approval.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter B - EARLY VOTING › Section 81.36 - Counting Ballots Prior to Election Day in Counties with a Population of 100,000 or More

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  procedure to count ballots before election day that were voted by mail or early
				  in person may be used if the following conditions in paragraphs (1) - (7) of
				  this subsection are met:
(1) the election is
				  conducted by the county elections officer;
(2) the election is a county election ordered
				  by the Governor, county judge, or commissioners court, a joint election between
				  the county and another political subdivision using the same electronic ballot,
				  or a primary election;
(3) the
				  county has a population of 100,000 or more;
(4) electronic system ballots are used in the
				  election;
(5) tabulation can be
				  completed without revealing the vote count prior to the close of polls on
				  election day;
(6) the 2nd and 3rd
				  logic and accuracy test required by Texas Election Code, Chapter 127 can be
				  performed before the count and after the count;
(7) a real time audit report can be produced
				  immediately after the count to verify the number of ballots counted with the
				  ballot transmittal form.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter B - EARLY VOTING › Section 81.37 - Counting Late Ballots

Current through Reg. 49, No. 28; July 12, 2024
(a) General provisions
(1) For general elections for state and
				  county officers, the early voting ballot board shall reconvene on the 6th day
				  after the election to count any late ballots received in accordance with the
				  Texas Election Code, §
											RSA
				  86.007. For all other elections, the early
				  voting ballot board may reconvene any time after the 2nd day after the election
				  and prior to the official canvass.
(2) The presiding judge shall notify the
				  early voting clerk of the time and place where the board will reconvene. The
				  notice to the early voting clerk must be made in time so the early voting clerk
				  may give proper notice of the delivery of the late ballots. The early voting
				  clerk must post notice of delivery of jacket envelopes and any other
				  accompanying papers to the ballot board at least twenty-four (24) hours prior
				  to the delivery. The notice shall be posted at the main early voting polling
				  place. For purposes of this provision, the Texas Election Code, §
											RSA
				  1.006 does not apply.
(3) The presiding judge shall send notice to
				  the custodian of the key and the custodian of election records to redeliver the
				  ballot box containing the counted ballots and the key to the box. After the
				  late ballots have been counted, the presiding judge shall lock the late counted
				  ballots in the ballot box. The presiding judge shall deliver the ballot box to
				  the general custodian of election records and the key to the ballot box to
				  custodian of the key.
(4) Poll
				  watchers are entitled to be present for the late counting of ballots.
(5) If all mail ballots were received by the
				  close of voting on election day or no ballots were received by the appropriate
				  deadline for the election, the early voting clerk shall certify that fact and
				  deliver the certification to the canvassing board before it convenes to canvass
				  the votes.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter B - EARLY VOTING › Section 81.38 - Administration of Voter Registration Associated with Address Confidentiality Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. For
				  purposes of this section, the following words and phrases have the following
				  meanings:
(1) Protected applicant--A
				  certified participant or an eligible spouse or dependent of a certified
				  participant in an address confidentiality program administered by the Office of
				  the Attorney General as authorized by Chapter 56, Subchapter C, Texas Code of
				  Criminal Procedure.
(2) Eligible
				  household member--A person who is living in the same household or dwelling of a
				  certified participant in an address confidentiality program administered by the
				  Office of the Attorney General as authorized by Chapter 56, Texas Code of
				  Criminal Procedure, and who is otherwise eligible to vote using a confidential
				  ballot application, without regard to whether they are related to the certified
				  participant.
(3) Early Voting
				  Clerk--The election officer for a county, and any other local political
				  subdivision, who bears responsibility for the administration of early voting,
				  as specified in Chapter 83, Texas Election Code.
(4) Confidential application for ballot by
				  mail--An application for a confidential ballot by mail completed and signed by
				  a protected applicant. The confidential application for ballot by mail also
				  acts as a temporary voter registration application while the applicant is in
				  the address confidentiality program.
(5) Confidential roster of protected
				  applicants--A list of voters who have voted by means of a confidential ballot
				  by mail.
(6) Substitute post office
				  box address--A post office box address supplied to a certified participant in
				  an address confidentiality program administered by the Office of the Attorney
				  General.
(7) True residence
				  address--The address of the permanent fixed place of habitation of a certified
				  participant in an address confidentiality program administered by the Office of
				  the Attorney General.
(8)
				  Confidential ballot--A ballot marked and voted by a protected applicant or any
				  eligible household member of an applicant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter B - EARLY VOTING › Section 81.39 - E-mailing and Tracking Balloting Materials Required by the Federal Military and Overseas Voter Empowerment Act (MOVE)

Current through Reg. 49, No. 28; July 12, 2024
(a) Authorization for e-mailing of unmarked
				  ballots to absent uniformed services voters, including their spouse and
				  dependents (collectively "uniformed services voters"), absent from their county
				  of residence and overseas voters in elections for federal office.
(1) Pursuant to §578(a) of the MOVE Act,
				  uniformed services voters, temporarily residing outside their county of
				  residence and United States citizens currently residing overseas ("overseas
				  citizen") may request by e-mail the e-mail transmission of blank balloting
				  materials from the appropriate county early voting clerk for an election in
				  which a federal office is on the ballot. The request may be submitted to the
				  early voting clerk by e-mail or, if the e-mail is different from the one shown
				  on the federal postcard application (FPCA) on file, on a newly-submitted
				  FPCA.
(2) If no preference for
				  ballot transmittal is indicated, the early voting clerk shall send the
				  balloting materials to the applicant via regular mail.
(3) E-mail addresses are not subject to
				  public disclosure to the extent provided by § 552.337 of the Texas
				  Government Code. Early voting clerks shall ensure that the applicant's e-mail
				  address is excluded from public disclosure.
(4) The e-mail transmission of ballots shall
				  be limited to elections in which an office of the federal government is on the
				  ballot. Ballots for other elections shall be mailed to the applicant in the
				  usual manner, unless the election is part of a joint election ballot containing
				  a federal office.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter B - EARLY VOTING › Section 81.40 - Federal Postcard Application as Application for Permanent Registration and FPCA Eligibility for Electronic Transmission of Image

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility. Pursuant to §
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				  101.001 and §
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				  101.006 of the Texas Election Code, a person
				  is eligible to submit a Federal Postcard Application (an "FPCA") as an
				  application for permanent registration if:
(1) the person is qualified to vote in this
				  state or, if not registered to vote in this state, would be qualified if
				  registered; and
(2) the person is:
(A) a member of the armed forces of the
				  United States, or the spouse or a dependent of a member;
(B) a member of the merchant marine of the
				  United States, or the spouse or a dependent of a member; or
(C) domiciled in this state but temporarily
				  living outside the territorial limits of the United States and the District of
				  Columbia who is qualified to submit an FPCA.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter C - VOTING SYSTEMS › Section 81.42 - Paper Ballots for Precinct Chairman

Current through Reg. 49, No. 28; July 12, 2024
In primary elections where voting for precinct chairman is
					 to be conducted on separate paper ballots pursuant to the Texas Election Code,
					 §
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					 172.090, the form of the paper ballot used
					 must conform to the requirements of the Texas Election Code, Chapter 52, for
					 paper ballots. Where voting for the party office of precinct chairman is to be
					 conducted on separate paper ballots at polling places using electronic voting
					 systems, pursuant to the Texas Election Code §
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					 172.090, the form of the separate paper
					 ballot used must conform to the requirements of the Texas Election Code,
					 Chapter 52, for paper ballots.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter C - VOTING SYSTEMS › Section 81.43 - Optical Scanner Ballots

Current through Reg. 49, No. 28; July 12, 2024
Optical scanner ballots may be divided into parts and
					 printed upon two or more pages. When party columns appear on the ballot, there
					 shall be printed at the head of the ballot the names of the parties and spaces
					 for voting a straight party ticket, so that a voter may cast a straight ticket
					 vote for all of a party's nominees on the ballot by making a single mark on the
					 first page of the ballot. Where all candidates for the same office cannot be
					 placed on the same face of the same page, the candidates may be carried on more
					 than one page, but in such event the first page of the sequence shall contain a
					 statement that the names of other candidates appear on the following page or
					 pages. If the ballot is printed on more than one page, different tints of paper
					 other than yellow, or some other suitable means may be used to facilitate the
					 sorting of ballots. Each page shall bear the same ballot number, and other
					 appropriate provision may be made for identifying the related parts of the
					 ballot. For a mark-sense optical scanner voting system to be in compliance with
					 the requirement of the Texas Election Code, §
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					 1.005(20) and §
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					 122.001(a)(10), it must
					 provide for a single ballot card capable of containing all the candidates in an
					 election in which candidates run by party, or alternatively, be programmed to
					 permit straight party voting by means of a single mark, regardless of the
					 number of ballot cards utilized. A system providing for straight party voting
					 by means of a single mark on each of two or more separate ballot cards is not
					 in compliance with the Election Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter C - VOTING SYSTEMS › Section 81.45 - Inspection of Voting System Equipment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Before voting machines are delivered to polling places for use in an election,
				  they must be inspected, and a written record made of the inspection, pursuant
				  to the Texas Election Code, § 125.031.
(b) Other voting or tabulating equipment to
				  be delivered to polling places must be inspected by the authority responsible
				  for delivering supplies for the election and put in proper working order prior
				  to delivery. A punch-card device must be tested by such authority to ensure
				  that the device permits the accurate recording of votes for each race and/or
				  proposition on the ballot. Test ballot cards should be used for this
				  purpose.
(c) Electronic tabulating
				  equipment which is to be used at polling places must be tested by the authority
				  to ensure that the equipment accurately counts ballots, distinguishes and
				  separates ballots which require manual tabulation, and otherwise functions
				  properly. Such test must be conducted in accordance with the provision of the
				  Texas Election Code, §
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				  127.094(b) and
				  (c).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter C - VOTING SYSTEMS › Section 81.46 - Delivery of Voting System Equipment

Current through Reg. 49, No. 28; July 12, 2024
The authority responsible for distributing election
					 supplies for an election shall arrange for the delivery of voting systems
					 equipment to the polling places. Delivery of such equipment must be made by
					 such authority, by the presiding judge of the polling place, by the sheriff or
					 constable for an election ordered by the governor or a county authority, or by
					 the sheriff or constable or a police officer having jurisdiction over the
					 territory in which the polling place is located for an election ordered by
					 other authority. Mechanical voting machines must be delivered in a locked and
					 secured condition. The keys to such voting machines shall be delivered to the
					 presiding judge at least 30 minutes before the polls open, in a sealed envelope
					 on which there is recorded the number on the protective counter, the seal
					 number, and the serial number of the voting machine the key is
					 for.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter C - VOTING SYSTEMS › Section 81.47 - Installation of Voting System Equipment

Current through Reg. 49, No. 28; July 12, 2024
Voting systems equipment shall be installed at the polling
					 place in accordance with the instructions of the authority responsible for
					 distributing election supplies for the election. During the absence of election
					 officers or the custodian of the premises, polling places to which voting
					 systems equipment has been delivered must remain locked and
					 secured.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter C - VOTING SYSTEMS › Section 81.49 - Irregularities in Seals or Serial Numbers

Current through Reg. 49, No. 28; July 12, 2024
If irregularities are discovered in the seals or the serial
					 numbers of containers of voted ballots received at the central counting
					 station, pursuant to the Texas Election Code, §
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					 127.038(d) or §
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					 127.068(c), the presiding
					 judge of the central counting station shall make and sign a memorandum in
					 duplicate setting forth the nature of the irregularities. One copy of the
					 memorandum shall be attached to the copy of the returns delivered in envelope
					 number one for the presiding officer of the canvassing authority. The presiding
					 judge shall deliver the other copy of the memorandum to the district attorney
					 of the county in which the voted ballots placed in such box were voted. The
					 district attorney shall investigate the irregularities and take further action
					 as appropriate. If more than one container of voted ballots was delivered to
					 the central counting station from the election precinct from which the
					 container in which irregularities were discovered was delivered, the judge
					 shall include in the memorandum a record of the total number of ballots in the
					 container in which irregularities were discovered, and such container shall be
					 returned to the custodian of election records after the ballots are counted
					 containing only the ballots delivered to the central counting station in that
					 container. In all cases, the ballots in a container in which irregularities are
					 discovered shall be counted and returns made as for the other ballots received
					 at the central counting station.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter C - VOTING SYSTEMS › Section 81.50 - Test Program

Current through Reg. 49, No. 28; July 12, 2024
Where a program is prepared for the automatic tabulating
					 equipment to be used for counting ballots at a central counting station, the
					 program shall be used in the tests of such tabulating equipment provided for in
					 the Texas Election Code, Chapter 127, Subchapter D. After the completion of the
					 first test provided for in the Texas Election Code, §
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					 127.096, the program shall be sealed with the
					 test materials in the container provided for by the Texas Election Code, §
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					 127.099. After the completion of the second
					 test, as provided for in the Texas Election Code, §
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					 127.097, the program shall be used for the
					 count of ballots voted in the election. The program shall then be used in the
					 third test, provided for in the Texas Election Code, §
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					 127.098, and then sealed with the test
					 materials in the container provided for in the Texas Election Code, §
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					 127.099.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter C - VOTING SYSTEMS › Section 81.51 - Malfunction in Tabulating Equipment

Current through Reg. 49, No. 28; July 12, 2024
After the discovery of a malfunction in the tabulating
					 equipment at a central counting station, which malfunction caused the results
					 to be incorrect as provided for in the Texas Election Code, §
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					 127.129, the presiding judge of the central
					 counting station shall follow the procedures set out in §127.098(c) and
					 (d). If the presiding judge determines that obtaining a valid automatic count
					 is impracticable, the ballots shall be counted manually, and the presiding
					 judge shall execute and attach a certificate to the returns stating that the
					 ballots were counted manually and stating the nature of the equipment
					 malfunction which led him to the determination that the ballots would be
					 counted manually.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter C - VOTING SYSTEMS › Section 81.52 - Precinct Ballot Counters

Current through Reg. 49, No. 28; July 12, 2024
(a) Where an
				  electronic voting system that does not entail the counting of ballots at
				  central locations established under the Texas Election Code, Chapter 127,
				  Subchapter A, is to be used at an election, the election results shall be
				  processed in accordance with this section.
(b) If the tabulating equipment is capable of
				  separating damaged ballots, irregularly marked ballots, and write-in ballots
				  for manual processing, the equipment may be arranged so that voters deposit
				  their marked ballots directly into the tabulator. The tabulator must be
				  provided with a sealed container such that ballots deposited by voters are
				  counted by the tabulator or separated for manual counting, as the case may be,
				  and then placed by the device directly into the sealed container.
(c) In addition to the procedures provided
				  herein and in §
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				  127.157 of the Texas Election Code (the
				  "Code"), compliance with the following voting procedures is required for the
				  proper processing of ballots to be tabulated by voting systems specifically
				  designed as electronic precinct ballot counters ("precinct counters").
(1) The voter may deposit a ballot directly
				  into a precinct counter. If the machine returns the ballot to the voter because
				  the ballot is blank, mismarked, damaged, or otherwise spoiled, the voter may
				  either attempt to correct the ballot, request another ballot once the spoiled
				  ballot is returned to the election officer, or request the election official to
				  override the rejection so that the precinct counter accepts the ballot, and
				  outstacks the write-in, if necessary.
(2) The voter is not entitled to receive more
				  than three ballots. The procedures for handling a spoiled ballot provided by
				  §64.007 of the Code must be followed.
(3) The precinct counter must be set up to
				  reject and return the ballot to the voter rather than outstack the ballot if it
				  is blank, mismarked, undervoted, or overvoted.
(4) If the precinct counter rejects the
				  ballot for any reason and the voter has received the maximum number of ballots
				  or does not wish to make further changes to the ballot, the election official
				  must override the rejection so that the precinct counter accepts the ballot and
				  outstacks the write-in, if necessary.
(5) While the polls are open or as soon as
				  practicable after the polls close, the counted ballots shall be removed from
				  the ballot box and examined for irregularly marked ballots for processing in
				  accordance with §127.157(b) - (e) of the Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter C - VOTING SYSTEMS › Section 81.55 - Adoption of Accessible Voting Systems

Current through Reg. 49, No. 28; July 12, 2024
A political subdivision may use more than one type of
					 voting system in a single polling place in order to provide a person with
					 physical disabilities with a method of casting a secret
					 ballot.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter C - VOTING SYSTEMS › Section 81.58 - Use of Electronic Signature Capture Device for Signature Roster

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to §
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				  63.002(d), Election Code, a
				  voter's signature may be captured by an electronic device for the signature
				  roster.
(b) An "Electronic
				  Signature" is defined as a digitized image of a handwritten signature. An
				  "Electronic Signature Device" is defined as a device that permits a voter to
				  make an electronic signature.
(c)
				  To be used in an election in the State of Texas, electronic signature devices
				  must be approved by the Secretary of State.
(1) A vendor who wishes to seek approval of
				  an electronic signature capture device used in conjunction with a particular
				  software must submit the request in writing to the Secretary of
				  State.
(2) The request must include
				  information regarding:
(A) type of
				  device;
(B) name of
				  device;
(C) any associated model
				  numbers;
(D) the software it will
				  be used with; and
(E) the
				  information the device can display with respect to subsection (d)(3) and (4) of
				  this section.
(3) Upon
				  reviewing the request, the Secretary of State may request a demonstration of
				  the electronic signature capture device.
(4) After completing the review, the
				  Secretary of State will issue either an approval or a rejection in writing
				  within 30 days of receiving initial request.
(5) The Secretary of State will maintain a
				  list of approved electronic signature capture devices on their
				  website.