ELECTION CODE
CHAPTER 66. DISPOSITION OF RECORDS AND SUPPLIES AFTER ELECTION
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 66.003. ENVELOPES FOR DISTRIBUTION OF RECORDS.
Text of section effective until January 1, 2004
(a) Five 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;
(4) "Envelope No. 4," addressed to the voter
registrar; and
(5) "Envelope No. 5," addressed to the general
custodian of election records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 12(b), eff. Sept. 1, 1987; Acts
1997, 75th Leg., ch. 1078, § 14, eff. Sept. 1, 1997.
For text of section effective January 1, 2004, see § 66.003, post
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 12(b), eff. Sept. 1, 1987; Acts
1997, 75th Leg., ch. 1078, § 14, eff. Sept. 1, 1997; Acts 2003,
78th Leg., ch. 1315, § 36, eff. Jan. 1, 2004.
SUBCHAPTER B. ASSEMBLING RECORDS FOR DISTRIBUTION
§ 66.021. ASSEMBLING ELECTION RECORDS. (a) On
completing the election returns for the precinct, the presiding
judge shall assemble the precinct election records and place them
in the appropriate envelopes and ballot boxes for distribution.
(b) The judge shall seal envelopes no. 1, no. 2, and no. 4
and lock ballot boxes no. 3 and no. 4 as soon as they are ready for
distribution.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 12(b), eff. Sept. 1, 1987; Acts
1997, 75th Leg., ch. 1078, § 15, eff. Sept. 1, 1997; Acts 2003,
78th Leg., ch. 1315, § 37, eff. Jan. 1, 2004.
§ 66.022. CONTENTS OF ENVELOPE NO. 1. Envelope no. 1
must contain:
(1) the original of the election returns for the
precinct; and
(2) a tally list.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 66.023. CONTENTS OF ENVELOPE NO. 2. Envelope no. 2
must contain:
(1) a copy of the precinct returns;
(2) a tally list;
(3) the original of the poll list;
(4) the signature roster;
(5) the precinct early voting list;
(6) any affidavits completed at the polling place
except affidavits required to be placed in envelope no. 4; and
(7) any certificates of appointment of watchers.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 12(b), eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 203, § 2.50; Acts 1991, 72nd Leg., ch. 554,
§ 21, eff. Sept. 1, 1991.
§ 66.024. CONTENTS OF ENVELOPE NO. 3. Envelope no. 3
must contain:
(1) a copy of the precinct returns;
(2) a copy of the poll list; and
(3) a copy of the ballot register.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
must contain:
(1) the precinct list of registered voters;
(2) the registration correction list;
(3) the registration omissions list;
(4) any statements of residence executed under Section
63.0011; and
(5) any affidavits executed under Section 63.007 or
63.011.
Added by Acts 1987, 70th Leg., ch. 54, § 12(b), eff. Sept. 1,
1987. Amended by Acts 1993, 73rd Leg., ch. 916, § 24, eff. Sept.
1, 1993; Acts 1995, 74th Leg., ch. 797, § 40, eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 1315, § 38, eff. Jan. 1, 2004.
§ 66.025. CONTENTS OF BALLOT BOX NO. 3. (a) Ballot box
no. 3 must contain:
(1) the voted ballots;
(2) a copy of the precinct returns;
(3) a tally list; and
(4) a copy of the poll list.
(b) The copy of the poll list may be placed in a container
other than ballot box no. 3 on approval by the secretary of state if
the secretary determines that placement in the other container is
more suitable for a particular election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 18, eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 500, § 1, eff. Sept. 1, 1987.
§ 66.026. CONTENTS OF BALLOT BOX NO. 4. Ballot box no. 4
must contain:
(1) the original of the ballot register;
(2) the register of spoiled ballots;
(3) any spoiled ballots;
(4) any defectively printed ballots;
(5) any envelope containing cancellation requests and
canceled ballots; and
(6) any other unused ballots.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 20, eff. Sept. 1, 1993.
SUBCHAPTER C. DISPOSITION OF RECORDS AND SUPPLIES
§ 66.051. DISTRIBUTION OF ELECTION RECORDS. (a) The
presiding judge shall deliver envelope no. 1 in person to the
presiding officer of the local canvassing authority. If the
presiding officer of the local canvassing authority is unavailable,
the envelope shall be delivered to the general custodian of
election records who shall then deliver it to the local canvassing
authority before the time set for convening the local canvass.
(b) The presiding judge shall deliver envelope no. 2, ballot
box no. 3, and ballot box no. 4 and its key in person to the general
custodian of election records.
(c) The presiding judge shall retain envelope no. 3.
(d) The presiding judge shall deliver envelope no. 4 in
person to the voter registrar. If the voter registrar is
unavailable, the envelope shall be delivered to the general
custodian of election records, who shall deliver it to the voter
registrar on the next regular business day.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 12(b), eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 21, eff. Sept. 1, 1993; Acts 1997,
75th Leg., ch. 1078, § 17, eff. Sept. 1, 1997; Acts 2003, 78th
Leg., ch. 1315, § 39, eff. Jan. 1, 2004.
§ 66.052. DELIVERY BY ELECTION CLERK. A delivery of
election records or supplies that is to be performed by the
presiding judge may be performed by an election clerk designated by
the presiding judge.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 66.053. TIME FOR DELIVERING ELECTION
RECORDS. (a) The precinct election records shall be delivered to
the appropriate authorities immediately after the precinct returns
are completed.
(b) If the presiding judge determines that the ballots will
not be counted in time to allow delivery of the precinct election
records by 2 a.m. of the day after election day, the presiding
judge, between midnight of election day and 1 a.m. of the following
day, shall notify the general custodian of election records by
telephone of:
(1) the total number of voters who voted at the polling
place as indicated by the poll list;
(2) the vote totals tallied for each candidate and for
and against each measure at the time of notification; and
(3) the expected time of finishing the count.
(c) The precinct election records shall be delivered not
later than 24 hours after the polls close in each election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 66.054. FAILURE TO DELIVER ELECTION RETURNS AND VOTED
BALLOTS. (a) An election officer responsible for delivering
precinct election returns or voted ballots commits an offense if
the officer:
(1) fails to make the delivery to the appropriate
authority;
(2) fails to make the delivery by the deadline
prescribed by Section 66.053(c); or
(3) fails to prevent another person from handling in
an unauthorized manner the returns or voted ballots that the
officer is responsible for delivering while they are in the
officer's custody.
(b) If the officer is an election clerk, it is an exception
to the application of Subsection (a)(2) that the election clerk did
not receive the returns from the presiding judge in time to permit a
timely delivery.
(c) An offense under this section is a Class B misdemeanor.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 66.055. JUDICIAL IMPOUNDMENT OF ELECTION
RECORDS. (a) If the precinct election records are not delivered
by the deadline prescribed by Section 66.053(c), on application by
a member of the canvassing authority, a district judge shall order
the precinct election records to be impounded.
(b) The district judge shall supervise the activities
necessary to complete the count, prepare the precinct returns, and
distribute the records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 66.056. UNOFFICIAL TABULATION OF PRECINCT
RESULTS. (a) As the general custodian of election records
receives the precinct election records from each polling place, the
custodian shall:
(1) open the envelopes and remove the precinct
election returns; and
(2) prepare a tabulation stating for each candidate
and for and against each measure:
(A) the total number of votes received in each
precinct; and
(B) the sum of the precinct totals tabulated
under Paragraph (A).
(b) The custodian shall periodically make a public
announcement of the current state of the tabulation made under
Subsection (a).
(c) The tabulation made under Subsection (a) is unofficial
and does not affect the outcome of the election.
(d) The custodian shall preserve the unofficial tabulation
for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 66.057. REGULATING PUBLIC INSPECTION OF CERTAIN
ELECTION RECORDS. (a) The election returns for a particular
precinct that are delivered to the general custodian of election
records do not become public information until the custodian
completes the unofficial tabulation of the results for that
precinct.
(b) The general custodian of election records or the
custodian's designee shall be present at all times when the records
delivered in ballot box no. 4 are inspected.
(c) The election records in envelope no. 3 become public
information when delivery of the precinct election records is
completed.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 65, eff. Sept. 1, 1997.
§ 66.058. PRESERVATION OF PRECINCT ELECTION
RECORDS. (a) Except as otherwise provided by this code, the
precinct election records shall be preserved by the authority to
whom they are distributed for 60 days after election day.
(b) The voted ballots shall be preserved securely in a
locked room in the locked ballot box in which they are delivered to
the general custodian of election records. Except as permitted by
this code, a ballot box containing voted ballots may not be opened
during the preservation period.
(c) If during the preservation period an authorized entry is
made into a ballot box containing voted ballots, when the purpose
for the entry is fulfilled, the box shall be relocked, and the box
and key returned to the custodian.
(d) A custodian of a ballot box containing voted ballots
commits an offense if, during the preservation period prescribed by
Subsection (a), the custodian:
(1) makes an unauthorized entry into the box; or
(2) fails to prevent another person from handling the
box in an unauthorized manner or from making an unauthorized entry
into the box.
(e) An offense under Subsection (d) is a Class A
misdemeanor.
(f) The records in ballot box no. 4 may be preserved in that
box or by any other method chosen by the custodian. If the records
are removed from the box, they may not be commingled with any other
election records kept by the custodian.
(g) The precinct election records in an election involving a
federal office shall be preserved by the authority to whom they are
distributed for at least 22 months after election day in accordance
with federal law. The secretary of state shall instruct the
affected authorities on the actions necessary for compliance with
federal law.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1078, § 18, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1315, § 40, eff. Jan. 1, 2004.
§ 66.059. RETRIEVING ERRONEOUSLY PLACED ELECTION
RECORDS. (a) On written application by the presiding officer of
the local canvassing authority or the presiding judge of the
election precinct, a district judge of the county in which a ballot
box containing voted ballots is in custody may order the box opened
to retrieve an election record that was erroneously placed in the
box.
(b) The district judge shall post a notice of the date,
hour, and place for opening the box on the bulletin board used for
posting notices of the meetings of the governing body of the
political subdivision served by the general custodian of election
records. The notice must remain posted continuously for the 24
hours immediately preceding the hour set for opening the box.
(c) Any interested person may observe the opening of the
box.
(d) The district judge shall issue the orders necessary to
safeguard the contents of a ballot box opened under this section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1078, § 19, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1315, § 41, eff. Jan. 1, 2004.
§ 66.060. DELIVERY AND PRESERVATION OF KEY TO BALLOT BOX
NO. 3. (a) The presiding judge shall deliver the key to ballot
box no. 3 in person to the following authority:
(1) the sheriff, for an election ordered by the
governor or a county authority or for a primary election, except
that in a year in which the office of sheriff is regularly on the
ballot the presiding judge shall deliver the key to the county
judge, and if both those offices are on the same ballot because of
the filling of an unexpired term the key shall be delivered to the
county auditor or to a designated member of the commissioners court
who is not on the ballot and who is appointed by the court if the
county does not have a county auditor;
(2) the chief of police or city marshal, for an
election ordered by a city authority; or
(3) the constable of the justice precinct in which the
office of the political subdivision's governing body is located, or
if the office of constable is vacant, the sheriff of the county in
which the governing body's office is located, for an election
ordered by an authority of a political subdivision other than a
county or city.
(b) The ballot box key shall be delivered at the same time as
the precinct election records.
(c) The custodian of the key to ballot box no. 3 shall keep
the key for the period for preserving the precinct election records
except for the time the key is temporarily out of the custodian's
custody in accordance with this code.
(d) A person commits an offense if the person is the
custodian of the key to a ballot box containing voted ballots and,
during the period for keeping the key, the person knowingly
relinquishes custody of the key except as permitted by law. An
offense under this subsection is a Class B misdemeanor.
(e) After the period for keeping a key to ballot box no. 3
expires, the key's custodian shall return the key to the custodian
of the ballot box.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 430, § 1, eff. Sept. 1, 1989; Acts
1997, 75th Leg., ch. 864, § 66, eff. Sept. 1, 1997.
§ 66.061. CUSTODY OF LIST OF REGISTERED VOTERS TO BE
REUSED IN SUBSEQUENT ELECTION. The custodian of a precinct list of
registered voters that is to be reused in a subsequent election
occurring during the preservation period shall return the list to
the authority responsible for delivering the election supplies not
earlier than the fourth day before the date it is needed for the
subsequent election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 66.062. RETURNING EQUIPMENT AND SUPPLIES. (a) At
the same time the precinct election records are delivered, the
unused election supplies shall be delivered to the authority
responsible for distributing the election supplies.
(b) The presiding judge shall follow the directions of the
authority responsible for distributing the election supplies
regarding the storage or return after the election of ballot boxes
no. 1 and no. 2, the keys to those boxes, voting booths, and other
election equipment.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
Renumbered from V.T.C.A., Election Code § 66.063 and amended by
Acts 1987, 70th Leg., ch. 54, § 12(b), eff. Sept. 1, 1987.
