ELECTION CODE
CHAPTER 68. TABULATION OF UNOFFICIAL RESULTS OF CERTAIN RACES BY
SECRETARY OF STATE
SUBCHAPTER A. CONDUCT OF TABULATION
§ 68.001. DUTY TO TABULATE GENERALLY. (a) The
secretary of state shall tabulate the unofficial results as
provided by this subchapter in each primary election and general
election for state and county officers on each proposed amendment
to the state constitution and for each contested race for
nomination or election to:
(1) a federal office or statewide office of the state
government;
(2) the office of state senator;
(3) the office of state representative; and
(4) the office of member, State Board of Education.
(b) The secretary may tabulate the unofficial results for
other contested races, political party referenda, and any special
elections ordered by the governor.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 68.002. ACCESS TO TABULATION SYSTEM. (a) During the
tabulation, the secretary of state shall provide a sufficient
number of display terminals for representatives of the news media
to monitor the tabulation. The secretary shall provide direct
lines between computers for use by the media, if practicable.
(b) The secretary shall charge reasonable fees, which shall
approximate actual costs, to defray the costs of providing the news
media access to the tabulation system.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 68.003. DISPLAY TERMINALS FOR CERTAIN STATE
OFFICERS. (a) For monitoring the tabulations, the secretary of
state shall provide display terminals without charge to the
governor, lieutenant governor, and speaker of the house of
representatives in their Capitol offices. The secretary shall also
provide printers at those locations if printers are made available
at any location.
(b) The officers who are provided terminals or printers
under this section may not provide access to data from those
terminals or printers to members of the working news media.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 68.004. PERIODIC REPORTS DURING
TABULATION. (a) Periodically during the tabulation, the
secretary of state shall publish reports covering the races being
tabulated.
(b) The periodic reports may include:
(1) vote totals for all contested races being
tabulated;
(2) vote totals by county for federal offices and
statewide offices of the state government;
(3) vote totals for federal offices and statewide
offices of the state government in each of the six most populous
counties, the total for the next 19 most populous counties, and the
total for the remaining 229 counties; and
(4) any other information the secretary of state
determines to be relevant.
(c) The secretary shall distribute the periodic reports on
publication to the participating news media.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 68.005. FINAL REPORTS OF TABULATION. (a) After
completion of the tabulation, the secretary of state shall publish
a final report covering the races being tabulated.
(b) The final report may include:
(1) the information described by Section 68.004(b);
(2) vote totals by county for all races being
tabulated; and
(3) vote totals for federal offices and statewide
offices of the state government in a minimum of eight regions
designated by the secretary on the basis of the geographic scope of
the electronic media markets.
(c) The secretary shall distribute a copy of the final
report on publication to the participating news media, governor,
lieutenant governor, speaker of the house of representatives, and
members of the elections advisory committee. A copy of the report
shall also be furnished to other persons on payment of a reasonable
fee prescribed by the secretary to defray the costs of preparing and
furnishing the copy.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 68.006. REPORT OF RECEIPT OF COUNTY RESULTS. The
secretary of state shall publish a report indicating the times the
first and last reports of results from each county were received by
the secretary.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 68.007. POSTING REPORTS FOR PUBLIC
INSPECTION. (a) The secretary of state shall post for public
inspection, on publication, one copy of each report published under
Section 68.004.
(b) The secretary of state may post for public inspection
any of the reports prepared under this subchapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 68.008. BACKUP SYSTEM. The secretary of state shall
provide a backup system for the tabulation of the results.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 68.009. OPERATIONS MANUAL. Not later than the 90th
day before the date of each election covered by this subchapter, the
secretary of state shall prepare an operations manual that explains
the procedures to be used by the secretary in tabulating the
results.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 68.010. DISPOSITION OF FUNDS. Funds collected under
this chapter may be appropriated only to the secretary of state for
the administration of this chapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 68.011. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY
OF STATE. The secretary of state shall prescribe any additional
procedures necessary to implement the tabulation of unofficial
results.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
SUBCHAPTER B. DUTIES OF LOCAL ELECTION OFFICIALS FOR CERTAIN RACES
§ 68.031. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to each election covered by Subchapter A in addition to and
notwithstanding other provisions of this code.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 68.032. DELIVERY OF RETURNS AND VOTED
BALLOTS. (a) In precincts using paper ballots, voting machines,
or electronic voting system ballot counters, the copy of the
returns required to be delivered to the county clerk shall be
delivered not later than two hours, or as soon thereafter as
practicable, after the closing of the polls or after the last person
voted, whichever is later.
(b) In a precinct using electronic voting system ballots to
be counted at a central counting station, the ballots shall be
delivered to the station not later than two hours, or as soon
thereafter as practicable, after the closing of the polls or after
the last person voted, whichever is later. The copy of the returns
required to be delivered to the county clerk shall be delivered by
the presiding judge of the counting station immediately on
completion of the returns.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 68.033. COUNTING OF EARLY VOTING BALLOTS. The early
voting ballot board shall count the early voting ballots
periodically throughout the day.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.53; Acts 1991, 72nd Leg., ch.
554, § 24, eff. Sept. 1, 1991.
§ 68.034. TRANSMISSION OF RESULTS TO SECRETARY OF
STATE. (a) The county clerk shall transmit periodically, by
telephone or other electronic means, to the secretary of state the
results for the races being tabulated by the secretary. The results
shall be transmitted continuously until complete.
(b) The county clerk shall transmit the complete or partial
results of the early voting for the appropriate races at 7 p.m. on
election day. If only partial results are available, the results
shall be transmitted periodically until complete.
(c) Costs of transmission of the results may be paid by the
state.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.54; Acts 1991, 72nd Leg., ch.
554, § 25, eff. Sept. 1, 1991.
SUBCHAPTER C. ELECTIONS ADVISORY COMMITTEE
§ 68.051. MEMBERSHIP. (a) Not later than February 1 of
each odd-numbered year, the lieutenant governor, speaker of the
house of representatives, and secretary of state shall each appoint
six persons to serve on an elections advisory committee in
connection with the tabulation and reporting of election results
under this chapter.
(b) Each member of the committee serves a two-year term
beginning on February 1 of odd-numbered years.
(c) Appointments to the committee shall be made without
regard to race, creed, sex, religion, and national origin.
(d) Instead of making one of the required appointments, each
appointing officer or the officer's designee may serve on the
committee.
(e) Each appointing officer shall allocate at least four of
the officer's appointments among members of the various media
organizations covering elections in this state.
(f) The following persons or their designees shall also
serve on the committee:
(1) the president of the Texas Association of
Broadcasters;
(2) the president of the Texas Press Association;
(3) the president of the Texas Daily Newspaper
Association; and
(4) the chief state executive officers of the
Associated Press and United Press International.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 67, eff. Sept. 1, 1997.
§ 68.052. CHAIR AND MEETINGS. (a) The secretary of
state shall designate a chair and vice chair of the committee from
among the media organization membership.
(b) Meetings of the committee shall be held at the call of
the chair.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 68, eff. Sept. 1, 1997.
§ 68.053. REVIEW OF OPERATIONS MANUAL. The committee
shall review the operations manual prepared under Section 68.009
and make any recommendations it considers appropriate.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 68.054. MEMBERS PRESENT DURING TABULATION. One or
more members chosen by the committee shall be present during the
tabulation of the results at each election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 68.055. EVALUATION AND RECOMMENDATIONS REGARDING
TABULATION. The committee shall submit a written report after each
election to the secretary of state, governor, lieutenant governor,
and speaker of the house of representatives evaluating the
tabulation process and making any recommendations it considers
appropriate.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
