Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter I - IMPLEMENTATION OF THE HELP AMERICA VOTE ACT OF 2002 › Section 81.174 - Provisional Ballot Affidavit Envelope Transfer Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Transfer of Early Voting Provisional
				  Ballot Affidavit Envelopes during Early Voting Period.
(1) During the
				  early-voting-by-personal-appearance period, upon the request of the voter
				  registrar, the general custodian of election records may request that the early
				  voting clerk, as well as the deputy early voting clerk at branch locations,
				  deliver to the general custodian of election records the early voting
				  Provisional Ballot Affidavit Envelopes.
(2) In an election where the early voting
				  clerk is not designated as the general custodian of election records, the
				  general custodian of election records may permit the early voting clerk to
				  deliver the Provisional Ballot Affidavit Envelopes.
(3) The delivery must occur at a place
				  designated by the general custodian of election records.
(4) The Provisional Ballot Affidavit
				  Envelopes must be stored and transferred in a closed and sealed transfer case
				  provided by the general custodian of election records.
(5) The early voting clerk and the deputy
				  early voting clerk shall accompany such delivery with the Early Voting List of
				  Provisional Voters specific to such Provisional Ballot Affidavit
				  Envelopes.
(6) The general
				  custodian of election records shall unseal and open the transfer case and
				  verify that the number of provisional voters on the Early Voting List of
				  Provisional Voters matches the number of Provisional Ballot Affidavit Envelopes
				  contained in the transfer case.
(7)
				  The general custodian of election records shall sign the Early Voting List of
				  Provisional Voters evidencing the number of provisional voters per precinct and
				  the number of Provisional Ballot Affidavit Envelopes to be forwarded to the
				  voter registrar.
(8) The general
				  custodian of election records shall prepare a Summary of Provisional Ballots
				  listing each precinct and the number of Provisional Ballot Affidavit Envelopes
				  for each precinct.
(9) The
				  custodian shall place the following items in a transfer case:
(A) the Provisional Ballot Affidavit
				  Envelopes;
(B) the Early Voting
				  List of Provisional Voters;
(C)
				  blank Verification of Provisional Ballots and Serial Numbers forms;
				  and
(D) seals sufficient to secure
				  the transfer case(s) when the voter registrar returns the Provisional Ballot
				  Affidavit Envelopes to the custodian.
(10) The custodian shall seal the transfer
				  case. The seal number shall be placed on the Summary of Provisional
				  Ballots.
(11) If the general
				  custodian of election records does not request delivery of the Provisional
				  Ballot Affidavit Envelopes during the early voting period, the early voting
				  clerk and the deputy early voting clerk shall deliver the closed and sealed
				  container for completed Provisional Ballot Affidavit Envelopes and the Early
				  Voting List of Provisional Voters to the custodian upon completion of the
				  early-voting-by-personal-appearance period. Upon delivery, the general
				  custodian shall complete steps outlined in paragraphs (6) - (10) of this
				  subsection.