ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE A. EARLY VOTING

CHAPTER 81. GENERAL PROVISIONS


	§ 81.001.  EARLY VOTING REQUIRED.  (a)  In each election 
in this state, early voting shall be conducted by personal 
appearance at an early voting polling place and by mail.
	(b)  A reference in a law outside this code to "absentee 
voting" means "early voting."

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.03;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.


	§ 81.002.  APPLICABILITY OF OTHER CODE PROVISIONS.  The 
other titles of this code apply to early voting except provisions 
that are inconsistent with this title or that cannot feasibly be 
applied to early voting.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.03;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.


	§ 81.003.  SUBSTITUTION OF ELECTRONIC SYSTEM BALLOTS FOR 
PAPER BALLOTS.  In an election in which an electronic voting system 
is used in regular voting but not for all or part of the early 
voting, the electronic system ballots prepared for use in regular 
voting may be used for early voting, if practicable, at the 
discretion of the authority responsible for having the official 
ballot prepared for the election.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.03;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.


	§ 81.004.  LOCATION OF PUBLIC ELECTION 
RECORDS.  Election records for which the early voting clerk is 
custodian and that are public information shall be kept:
		(1)  for an election in which a county clerk or city 
secretary is the early voting clerk, at the early voting clerk's 
main business office;  or
		(2)  for any other election, at a location designated 
by the authority appointing the clerk.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.03;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.


	§ 81.005.  COMMON OR CONTRACT CARRIER.  (a)  A common or 
contract carrier may not be used to perform an act in accordance 
with this title unless the carrier:
		(1)  is a bona fide, for profit carrier, the primary 
business of which is transporting or delivering property for 
compensation and the business practices of which are reasonable and 
prudent according to the usual standards for the business in which 
it is engaged;
		(2)  routinely uses receipts that:                                            
			(A)  permit the carrier to retrieve a receipt or 
information contained in a receipt;
			(B)  provide space for the name and residence 
address of a person who delivers a parcel to the carrier;  and
			(C)  provide space for the date, time, and address 
at which parcels are received by the carrier;  and
		(3)  complies with laws requiring the carrier to file 
an assumed name with each county in which the carrier receives or 
delivers parcels or with the secretary of state, as appropriate.
	(b)  A common or contract carrier may not be used to perform 
an act in accordance with this title if the carrier transports 
property as an incidental activity of a nontransportation business 
activity regardless of whether the carrier imposes a separate 
charge for the transportation.

Added by Acts 1997, 75th Leg., ch. 1381, § 1, eff. Sept. 1, 1997.  
Amended by Acts 2003, 78th Leg., ch. 393, § 6, eff. Sept. 1, 
2003.