ELECTION CODE
TITLE 5. ELECTION SUPPLIES
CHAPTER 51. ELECTION SUPPLIES
SUBCHAPTER A. PROCURING, ALLOCATING, AND DISTRIBUTING ELECTION
SUPPLIES
§ 51.001. ELECTION SUPPLIES. In this chapter,
"election supplies" means the equipment, ballots, forms, lists of
registered voters, and other materials necessary to conduct an
election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 51.002. COUNTY ELECTION BOARD. (a) A county
election board is established in each county for the general
election for state and county officers, a special election for an
officer regularly elected at the general election, and any other
election ordered by a county authority or held at county expense.
(b) For the general election for state and county officers
and for a special election for an officer regularly elected at the
general election, the county election board consists of the county
judge, county clerk, voter registrar, sheriff, and county chair of
each political party required to nominate candidates by primary
election. For other elections, the board consists of the county
judge, county clerk, voter registrar, and sheriff.
(c) The county clerk is the chair of the county election
board.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 44, eff. Sept. 1, 1997.
§ 51.003. PROCURING AND ALLOCATING SUPPLIES. Except as
otherwise provided by law, the following authority shall procure
the election supplies necessary to conduct an election and shall
determine the quantity of the various types of supplies to be
provided to each precinct polling place and early voting polling
place:
(1) for an election ordered by the governor or a county
authority, the county clerk, subject to the approval of the county
election board;
(2) for a primary election, the county chair of the
political party holding the primary, subject to the approval of the
party's county executive committee;
(3) for an election ordered by a city authority, the
city secretary; and
(4) for an election ordered by an authority of a
political subdivision other than a county or city, the secretary of
the subdivision's governing body or, if the governing body has no
secretary, the governing body's presiding officer.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.45; Acts 1991, 72nd Leg., ch.
554, § 16, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864,
§ 45, eff. Sept. 1, 1997.
§ 51.004. DISTRIBUTING SUPPLIES. (a) Except as
otherwise provided by law, the authority responsible for procuring
the election supplies for an election shall distribute the supplies
for the election.
(b) The appropriate supplies shall be distributed to each
presiding election judge not later than one hour before the polls
are required to be open for voting and to the early voting clerk
before the beginning of early voting.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.46; Acts 1991, 72nd Leg., ch.
554, § 17, eff. Sept. 1, 1991.
§ 51.005. NUMBER OF BALLOTS. (a) The authority
responsible for procuring the election supplies for an election
shall provide for each election precinct a number of ballots equal
to at least the percentage of voters who voted in that precinct in
the most recent corresponding election plus 25 percent of that
number, except that the number of ballots provided may not exceed
the total number of registered voters in the precinct.
(b) In computing a number of registered voters under this
section, voters whose names appear on the list of registered voters
with the notation "S", or a similar notation, shall be excluded.
(c) The secretary of state shall prescribe procedures for
determining the number of ballot stubs to be provided.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1995, 74th Leg., ch. 797, § 37, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1078, § 1, eff. Sept. 1, 1997.
§ 51.006. PREPARING BALLOTS FOR DISTRIBUTION. The
authority responsible for distributing election supplies shall
package and seal each set of ballots before their distribution and
shall mark the package with the number of ballots enclosed and the
range of the ballot serial numbers. If the authority is the early
voting clerk, the ballots allocated for early voting need not be
packaged and sealed.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.47; Acts 1991, 72nd Leg., ch.
554, § 18, eff. Sept. 1, 1991.
§ 51.007. RECORD OF BALLOT DISTRIBUTION. (a) As soon
as practicable after the ballots are packaged for distribution, the
authority responsible for distributing election supplies shall
prepare a record of the number of ballots and the range of serial
numbers on the ballots to be distributed to each presiding judge and
the early voting clerk.
(b) The authority shall preserve the record for the period
for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.48; Acts 1991, 72nd Leg., ch.
554, § 19, eff. Sept. 1, 1991.
§ 51.008. SUPPLEMENTING DISTRIBUTED BALLOTS. (a) The
authority responsible for distributing election supplies shall
retain a reserve of ballots to supplement the distributed ballots
and on election day may reallocate previously distributed ballots
among the polling places.
(b) The authority shall enter on the record of ballot
distribution the number of ballots reserved and the number of
ballots distributed from the reserve to each polling place. The
range of serial numbers on the ballots shall be included in the
record.
(c) If distributed ballots are reallocated, the authority
shall indicate the reallocation on the record of ballot
distribution and shall issue a receipt to each presiding election
judge showing the number of ballots and the range of serial numbers
on the ballots taken from the judge's polling place for
redistribution. Each presiding judge shall indicate on the ballot
register any reallocation of ballots affecting that polling place.
(d) The authority shall retain the undistributed reserve
for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 51.009. SHERIFF TO DELIVER SUPPLIES. (a) The
sheriff shall deliver the election supplies that a county clerk is
responsible for distributing, on request of the clerk, to each
presiding judge who has not obtained them from the clerk.
(b) This section does not require the sheriff to deliver an
item that cannot be transported in a regular passenger vehicle.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 51.010. FAILURE TO DISTRIBUTE OR DELIVER
SUPPLIES. (a) A person commits an offense if the person is
responsible for distributing election supplies for an election and
intentionally fails to distribute any of the supplies by the
deadline prescribed by Section 51.004(b).
(b) A person commits an offense if the person is entrusted
with the delivery of election supplies for use at polling places and
intentionally fails to deliver any of the supplies within the time
specified by the person who entrusted the delivery to the person.
(c) An offense under this section is a Class C misdemeanor.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 46, eff. Sept. 1, 1997.
§ 51.011. OBSTRUCTING DISTRIBUTION OF SUPPLIES. (a) A
person commits an offense if the person intentionally obstructs the
distribution of election supplies for an election.
(b) An offense under this section is a Class C misdemeanor.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 51.013. IDENTIFICATION OF PRINTERS FOR PRIMARY
ELECTION OR GENERAL ELECTION FOR STATE AND COUNTY
OFFICERS. (a) Each person who prints ballots or other election
supplies for a primary election or the general election for state
and county officers shall file a statement with the secretary of
state as provided by this section.
(b) The statement must be filed not later than the 60th day
before the date of the applicable election.
(c) The statement must include:
(1) the name, business address, and business telephone
number of the printer;
(2) the name and telephone number of any agent or
employee of the printer who is designated to receive inquiries or
issue information about the printing of ballots or other election
supplies; and
(3) the name and address of each client for whom the
ballots or other supplies are printed, the voting methods for which
the materials are printed for the client, and a description of the
materials printed for the client.
(d) The secretary of state shall prescribe the form for the
statement required by this section.
Added by Acts 1987, 70th Leg., ch. 472, § 10, eff. Sept. 1, 1987.
SUBCHAPTER B. ELECTION EQUIPMENT
§ 51.031. APPROVAL OF BALLOT AND VOTING
BOOTHS. (a) Except as otherwise provided by this subchapter, the
secretary of state must approve the composition and design of
ballot boxes and voting booths before the equipment may be used in
elections.
(b) A person desiring approval of a ballot box or a voting
booth for use in this state must submit a written request for
approval to the secretary of state.
(c) After examining the specifications or a model of a
ballot box or voting booth submitted for approval, the secretary of
state by written order shall approve the equipment for use in
elections if the secretary determines that the equipment's
composition and design are suitable for the intended use.
(d) The secretary of state shall attach the approval order
to the approval request and retain it permanently on file.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 51.032. VOTING BOOTHS. (a) Voting booths that
provide privacy for voters while marking their ballots shall be
provided at each polling place.
(b) The entrance of the voting booth may be open or it may
have a door or curtain that a voter may close while occupying the
booth.
(c) A voting booth may be used without approval of the
secretary of state if the booth complies with the standards
prescribed by the secretary of state or if the booth:
(1) is rectangular, with at least three sides of
opaque material beginning not more than three feet from the floor
and extending to a height of at least six feet from the floor;
(2) has inside dimensions at least 22 inches wide and
30 inches deep; and
(3) has a shelf for writing.
(d) The voting booth standards prescribed by the secretary
of state must assure that privacy for voters while marking their
ballots is provided and that the voting booth's composition and
design are suitable for the intended use.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 11, eff. Sept. 1, 1987.
§ 51.033. NUMBER AND USE OF BALLOT BOXES. (a) Four
ballot boxes shall be used at each polling place in an election and
shall be marked as follows:
(1) "Ballot Box No. 1 for Election Precinct No.
________";
(2) "Ballot Box No. 2 for Election Precinct No.
________";
(3) "Ballot Box No. 3 for Election Precinct No.
________"; and
(4) "Ballot Box No. 4 for Election Precinct No.
________".
(b) If an election precinct is designated by name instead of
number, the name of the precinct shall be marked on the box.
(c) Ballot boxes no. 1 and no. 2 are used for the deposit of
voters' marked ballots.
(d) Ballot box no. 3 is used for delivering the voted
ballots to their custodian after they are counted and for storing
the voted ballots during the preservation period.
(e) Ballot box no. 4 is used for delivering defectively
printed, spoiled, and unused ballots to their custodian after the
election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 51.034. SPECIFICATIONS FOR BALLOT BOXES. (a) Each
ballot box must be made of a sturdy material and suitably designed
for its intended use. Each box must have a lock and key.
(b) Ballot boxes no. 1 and no. 2 must each have a slot in the
top just large enough to receive a ballot. Ballot boxes no. 3 and
no. 4 are not required to have a slot, but if a slot is provided, it
may not be larger than that prescribed for boxes no. 1 and no. 2.
(c) A ballot box may be used without approval of the
secretary of state if the box:
(1) is an enclosed, opaque container made of metal,
wood, or other material;
(2) is equipped with a hinged top, hasp, and padlock;
and
(3) complies with Subsection (b).
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 51.035. USE OF COUNTY-OWNED EQUIPMENT FOR PRIMARY
ELECTION. (a) On request of the county chair of a political party
holding a primary election, the county clerk shall furnish
available county-owned ballot boxes and voting booths to the party
for use in its primary election.
(b) If there is not enough county-owned equipment to satisfy
the requests made under Subsection (a), the commissioners court
shall allocate the equipment among the political parties requesting
it.
(c) A fee may not be charged for use of equipment furnished
under this section, but the political party shall reimburse the
county for the actual expenses incurred by the county in
transporting the equipment to and from the polling places if the
county provides that service.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 47, eff. Sept. 1, 1997.
§ 51.036. CUSTODIAN OF EQUIPMENT. Except as otherwise
provided by this code, the authority responsible for distributing
election supplies for an election ordered by an authority of a
political subdivision is the custodian of the election equipment
owned by the political subdivision.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
