ELECTION CODE
CHAPTER 87. PROCESSING EARLY VOTING RESULTS
SUBCHAPTER A. EARLY VOTING BALLOT BOARD
§ 87.001. BOARD CREATED; JURISDICTION. An early voting
ballot board shall be created in each election to process early
voting results from the territory served by the early voting clerk.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.14; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 87.002. COMPOSITION OF BOARD. (a) The early voting
ballot board consists of a presiding judge and at least two other
members.
(b) Except as provided by Subsection (d), the presiding
judge is appointed in the same manner as a presiding election judge.
Except as provided by Subsection (c), the other members are
appointed by the presiding judge in the same manner as the precinct
election clerks.
(c) In the general election for state and county officers,
each county chair of a political party with nominees on the general
election ballot shall submit to the county election board a list of
names of persons eligible to serve on the early voting ballot board.
The county election board shall appoint at least one person from
each list to serve as a member of the early voting ballot board. The
same number of members must be appointed from each list.
(d) In addition to the members appointed under Subsection
(c), the county election board shall appoint the presiding judge
from the list provided under that subsection by the political party
whose nominee for governor received the most votes in the county in
the most recent gubernatorial general election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.14; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1381,
§ 19, eff. Sept. 1, 1997.
§ 87.003. ELIGIBILITY FOR BOARD MEMBERSHIP. To be
eligible for appointment to the early voting ballot board, a person
must meet the requirements for eligibility for service as a
presiding election judge, except that the appointee must be a
qualified voter of the territory served by the early voting clerk
and is not required to be a qualified voter of any other particular
territory.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.14; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 87.004. BOARD COMPOSED OF PRECINCT ELECTION
OFFICERS. In an election other than the general election for state
and county officers or a primary election, the authority ordering
the election may direct by resolution, order, or other official
action that the precinct election officers serving one of the
election precincts also serve as the early voting ballot board for
the election. In that case, the presiding election judge of the
precinct serves as the board's presiding officer.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.14; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 87.005. COMPENSATION OF MEMBERS. (a) Members of the
early voting ballot board are entitled to the same compensation as
presiding election judges, except as provided by Subsection (b).
(b) If the board concludes its work in less than 10 hours,
the members may be paid greater compensation than that regularly
payable for the amount of time worked, but not to exceed the amount
payable for 10 hours' work.
(c) Precinct officers serving as board members under
Section 87.004 may not be compensated for both positions.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.14; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
SUBCHAPTER B. DELIVERING MATERIALS TO BOARD
§ 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO
BOARD. The early voting clerk shall deliver to the early voting
ballot board:
(1) each ballot box, in accordance with Section
85.032(b), containing the early voting ballots voted by personal
appearance and the clerk's key to each box;
(2) the jacket envelopes containing the early voting
ballots voted by mail;
(3) the poll lists prepared in connection with early
voting by personal appearance;
(4) the list of registered voters used in conducting
early voting; and
(5) a ballot transmittal form that includes a
statement of the number of early voting ballots voted by mail that
are delivered to the early voting ballot board and the number of
names appearing on the poll lists prepared in connection with early
voting by personal appearance.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 562, § 2, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 203, § 1.21; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991.
§ 87.022. TIME OF DELIVERY: GENERAL RULE. Except as
provided by Section 87.0221, 87.023, or 87.024, the materials shall
be delivered to the early voting ballot board under this subchapter
during the time the polls are open on election day, or as soon after
the polls close as practicable, at the time or times specified by
the presiding judge of the board.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 1.22; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 87.0221. TIME OF DELIVERY: PAPER BALLOTS. (a) In an
election in which regular paper ballots are used for early voting,
the materials may be delivered to the board between the end of the
period for early voting by personal appearance and the closing of
the polls on election day, or as soon after closing as practicable,
at the time or times specified by the presiding judge of the board.
(b) The early voting clerk shall post notice of each
delivery of materials under this section that is to be made before
the time for opening the polls on election day. The notice shall be
posted at the main early voting polling place continuously for at
least 24 hours immediately preceding the delivery.
(c) At least 24 hours before each delivery, the early voting
clerk shall notify the county chair of each political party having a
nominee on the ballot of the time the delivery is to be made.
Added by Acts 1991, 72nd Leg., ch. 203, § 1.23. Amended by Acts
1997, 75th Leg., ch. 864, § 78, eff. Sept. 1, 1997.
§ 87.023. TIME OF DELIVERY: AUTOMATICALLY COUNTED
BALLOTS. (a) In an election in which early voting ballots are to
be counted by automatic tabulating equipment at a central counting
station, the ballots to be automatically counted may be delivered
to the board between the end of the period for early voting by
personal appearance and the closing of the polls on election day, or
as soon after closing as practicable, at intervals specified by the
presiding judge of the board.
(b) The early voting clerk shall post notice of each
delivery of ballots under this section that is to be made before the
time for opening the polls on election day. The notice shall be
posted at the main early voting polling place continuously for at
least 24 hours immediately preceding the delivery.
(c) At least 24 hours before the first delivery of ballots
covered by Subsection (b), the early voting clerk shall notify the
county chair of each political party having a nominee on the ballot
of the time the first delivery is to be made.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.15; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, §
79, eff. Sept. 1, 1997.
§ 87.024. TIME OF DELIVERY: VOTING MACHINE
ELECTION. (a) In an election in which early voting votes by
personal appearance are cast on voting machines, the jacket
envelopes containing the early voting ballots voted by mail may be
delivered to the board between the end of the period for early
voting by personal appearance and the closing of the polls on
election day, or as soon after closing as practicable, at a time
specified by the presiding judge of the board.
(b) The early voting clerk shall post notice of the delivery
of materials under this section that is to be made before the time
for opening the polls on election day. The notice shall be posted
at the main early voting polling place continuously for at least 24
hours immediately preceding the delivery.
(c) At least 24 hours before the delivery, the early voting
clerk shall notify the county chair of each political party having a
nominee on the ballot of the time the delivery is to be made.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.15; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, §
80, eff. Sept. 1, 1997.
§ 87.0241. PROCESSING BALLOTS BEFORE POLLS
OPEN. (a) The early voting ballot board may determine whether to
accept early voting ballots voted by mail in accordance with
Section 87.041 at any time after the ballots are delivered to the
board.
(b) The board may not count early voting ballots until:
(1) the polls open on election day; or
(2) in an election conducted by an authority of a
county with a population of 100,000 or more or conducted jointly
with such a county, the end of the period for early voting by
personal appearance.
(c) The secretary of state shall prescribe any procedures
necessary for implementing this section in regard to elections
described by Subsection (b)(2).
Added by Acts 1991, 72nd Leg., ch. 203, § 1.23. Amended by Acts
1997, 75th Leg., ch. 1349, § 39, eff. Sept. 1, 1997; Acts 2003,
78th Leg., ch. 1316, § 25, eff. Sept. 1, 2003.
§ 87.025. DELIVERING SECOND BALLOT BOX KEY TO BOARD. On
request of the presiding officer of the early voting ballot board,
the custodian of the key to the second lock on the early voting
ballot boxes shall deliver the custodian's key for each box to the
presiding officer.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.15; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, §
81, eff. Sept. 1, 1997.
§ 87.026. BYSTANDERS EXCLUDED. Except as permitted by
this code, a person may not be in the meeting place of an early
voting ballot board during the time of the board's operations.
Added by Acts 1987, 70th Leg., ch. 472, § 33, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 203, § 2.15; Acts 1991,
72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991.
§ 87.027. SIGNATURE VERIFICATION
COMMITTEE. (a) Except as provided by Subsection (a-1), a
signature verification committee may be appointed in any election.
The early voting clerk is the authority responsible for determining
whether a signature verification committee is to be appointed. If
the clerk determines that a committee is to be appointed, the clerk
shall issue a written order calling for the appointment.
(a-1) A signature verification committee shall be appointed
in the general election for state and county officers on submission
to the early voting clerk of a written request for the committee by
at least 15 registered voters of the county. The request must be
submitted not later than the preceding October 1, and a request
submitted by mail is considered to be submitted at the time of its
receipt by the clerk.
(b) The following authority is responsible for appointing
the members of a signature verification committee:
(1) the county election board, in an election for
which the board is established;
(2) the county chair, in a primary election; and
(3) the governing body of the political subdivision,
in an election ordered by an authority of a political subdivision
other than a county.
(c) Not later than the fifth day after the date the early
voting clerk issues the order calling for the appointment of a
signature verification committee, or not later than October 15 for
a committee required under Subsection (a-1), the appropriate
authority shall appoint the members of the committee and designate
one of the appointees as chair, subject to Subsection (d). The
authority shall fill a vacancy on the committee by appointment as
soon as possible after the vacancy occurs, subject to Subsection
(d). The early voting clerk shall post notice of the name and
residence address of each appointee. The notice must remain posted
continuously for the period beginning the day after the date of the
appointment and ending on the last day of the committee's operation
in the election.
(d) The early voting clerk shall determine the number of
members who are to compose the signature verification committee and
shall state that number in the order calling for the committee's
appointment. A committee must consist of not fewer than five
members. In an election in which party alignment is indicated on
the ballot, each county chair of a political party with a nominee or
aligned candidate on the ballot shall submit to the appointing
authority a list of names of persons eligible to serve on the
signature verification committee. The authority shall appoint at
least two persons from each list to serve as members of the
committee. The same number of members must be appointed from each
list. The authority shall appoint the chair of the committee from
the list provided by the political party whose nominee for governor
received the most votes in the county in the most recent
gubernatorial general election. A vacancy on the committee shall
be filled by appointment from the original list or from a new list
submitted by the appropriate county chair.
(e) To be eligible to serve on a signature verification
committee, a person must be a qualified voter:
(1) of the county, in a countywide election ordered by
the governor or a county authority or in a primary election;
(2) of the part of the county in which the election is
held, for an election ordered by the governor or a county authority
that does not cover the entire county of the person's residence; or
(3) of the political subdivision, in an election
ordered by an authority of a political subdivision other than a
county.
(f) The early voting clerk shall determine the place, day or
days, and hours of operation of the signature verification
committee and shall state that information in the order calling for
the committee's appointment. A committee may not begin operating
before the 20th day before election day.
(g) The early voting clerk shall post a copy of the order
calling for the appointment of the signature verification
committee. The copy must remain posted continuously for at least 10
days before the first day the committee meets.
(h) If a signature verification committee is appointed for
the election, the early voting clerk shall deliver the jacket
envelopes containing the early voting ballots voted by mail to the
committee instead of to the early voting ballot board. Deliveries
may be made only during the period of the committee's operation at
times scheduled in advance of delivery by the early voting clerk.
The clerk shall post notice of the time of each delivery. The
notice must remain posted continuously for at least two days before
the date of the delivery.
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with the signature on the voter's ballot
application to determine whether the signatures are those of the
same person. The committee may also compare the signatures with the
signature on the voter's registration application to confirm that
the signatures are those of the same person but may not use the
registration application signature to determine that the
signatures are not those of the same person. A determination under
this subsection that the signatures are not those of the same person
must be made by a majority vote of the committee's membership. The
committee shall place the jacket envelopes, carrier envelopes, and
applications of voters whose signatures are not those of the same
person in separate containers from those of voters whose signatures
are those of the same person. The committee chair shall deliver the
sorted materials to the early voting ballot board at the time
specified by the board's presiding judge but within the period
permitted for the early voting clerk's delivery of early voting
ballots to the board.
(j) If a signature verification committee is appointed, the
early voting ballot board shall follow the same procedure for
accepting the early voting ballots voted by mail as in an election
without a signature verification committee, except that the board
may not determine whether a voter's signatures on the carrier
envelope certificate and ballot application are those of the same
person if the committee has determined that the signatures are
those of the same person. If the committee has determined that the
signatures are not those of the same person, the board may make a
determination that the signatures are those of the same person by a
majority vote of the board's membership.
(k) Postings required by this section shall be made on the
bulletin board used for posting notice of meetings of the
commissioners court, in an election for which the county election
board is established or a primary election, or of the governing body
of the political subdivision in other elections.
Added by Acts 1987, 70th Leg., ch. 472, § 33, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 203, § 1.24; Acts 1991,
72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th
Leg., ch. 864, § 82, eff. Sept. 1, 1997; Acts 1997, 75th Leg.,
ch. 1381, § 20, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch.
1316, § 26, eff. Sept. 1, 2003.
SUBCHAPTER C. ACCEPTING EARLY VOTING BALLOT VOTED BY MAIL
§ 87.041. ACCEPTING VOTER. (a) The early voting
ballot board shall open each jacket envelope for an early voting
ballot voted by mail and determine whether to accept the voter's
ballot.
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) the voter's ballot application states a legal
ground for early voting by mail;
(4) the voter is registered to vote, if registration
is required by law;
(5) the address to which the ballot was mailed to the
voter, as indicated by the application, was outside the voter's
county of residence, if the ground for early voting is absence from
the county of residence;
(6) for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; and
(7) the address to which the ballot was mailed to the
voter is an address that is otherwise required by Sections 84.002
and 86.003.
(c) If a ballot is accepted, the board shall enter the
voter's name on the poll list unless the form of the list makes it
impracticable to do so. The names of the voters casting ballots by
mail shall be listed separately on the poll list from those casting
ballots by personal appearance.
(d) A ballot shall be rejected if any requirement prescribed
by Subsection (b) is not satisfied. In that case, the board shall
indicate the rejection by entering "rejected" on the carrier
envelope and on the corresponding jacket envelope.
(e) In making the determination under Subsection (b)(2),
the board may also compare the signatures with the signature on the
voter's registration application to confirm that the signatures
match but may not use the registration application signature to
determine that the signatures do not match.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 34, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 203, § 1.25; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 797, § 42,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1381, § 22, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1316, § 27, eff. Sept.
1, 2003.
§ 87.0411. ACCEPTANCE OF NEW VOTER IN ELECTION FOR
FEDERAL OFFICE. (a) A ballot for which notice was provided under
Section 86.002(f) may be accepted only if:
(1) the voter provided the required documentation of
the voter's identity; or
(2) the early voting ballot board determines that the
person is eligible to vote.
(b) This section expires on the expiration of Section
86.002(f).
Added by Acts 2003, 78th Leg., ch. 1315, § 45, eff. Jan. 1, 2004.
§ 87.042. DISPOSITION OF ACCEPTED BALLOT. (a) The
early voting ballot board shall open each carrier envelope
containing an accepted ballot without defacing the certificate on
the carrier envelope and remove the ballot envelope from the
carrier envelope.
(b) Except as provided by Subsection (c), the board shall
place the ballot envelope containing an accepted ballot in the
ballot box containing the early voting ballots voted by personal
appearance.
(c) The ballot envelope may be placed in a separate
container if the procedure for counting the early voting votes cast
by personal appearance is different from that for counting the
votes cast by mail.
(d) An accepted ballot that was not returned in the official
ballot envelope shall be treated as an accepted ballot that was
returned in the ballot envelope.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.17; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 87.043. DISPOSITION OF REJECTED BALLOT. (a) The
early voting ballot board shall place the carrier envelopes
containing rejected ballots in an envelope and shall seal the
envelope. More than one envelope may be used if necessary.
(b) The envelope for the rejected ballots must indicate the
date and identity of the election and must be labeled "rejected
early voting ballots" and signed by the board's presiding judge.
(c) A board member shall deliver the envelope containing the
rejected ballots to the general custodian of election records to be
preserved for the period for preserving the precinct election
records. The envelope may not be placed in the box containing the
voted ballots.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 8(c), eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 203, § 2.17; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991.
§ 87.0431. NOTICE OF REJECTED BALLOT. Not later than
the 10th day after election day, the presiding judge of the early
voting ballot board shall deliver written notice of the reason for
the rejection of a ballot to the voter at the residence address on
the ballot application.
Added by Acts 1991, 72nd Leg., ch. 203, § 1.26.
§ 87.044. DISPOSITION OF APPLICATION. (a) The early
voting ballot board shall place each application for a ballot voted
by mail in its corresponding jacket envelope. If the voter's ballot
was accepted, the board shall also place the carrier envelope in the
jacket envelope. However, if the jacket envelope is to be used in a
subsequent election, the carrier envelope shall be retained
elsewhere.
(b) A board member shall deliver the jacket envelope,
carrier envelope, and application in a container other than that
used for the voted ballots to the general custodian of election
records, to be retained for the period for preserving the precinct
election records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 8(d), eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 203, § 2.17; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991.
SUBCHAPTER D. PROCESSING MANUALLY COUNTED BALLOTS
§ 87.061. AUTHORITY RESPONSIBLE FOR COUNTING
BALLOTS. The early voting ballot board shall count the early
voting ballots that are to be counted manually.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.18; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 87.062. COUNTING BALLOTS AND PREPARING
RETURNS. (a) On the direction of the presiding judge, the early
voting ballot board, in accordance with Section 85.032(b), shall
open the container for the early voting ballots that are to be
counted by the board, remove the contents from the container, and
remove any ballots enclosed in ballot envelopes from their
envelopes.
(b) The board shall count the ballots and prepare the
returns in accordance with the procedure applicable to paper
ballots cast at a precinct polling place.
(c) The results of all early voting ballots counted by the
board under this subchapter shall be included in the same return.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 562, § 3, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 203, § 2.18; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991.
§ 87.063. DISPOSITION OF BALLOTS AND OTHER
ITEMS. (a) Except as provided by Subsection (b), the presiding
judge of the early voting ballot board shall deliver the early
voting ballots counted by the board, early voting election returns,
other early voting election records, and ballot box keys, to the
appropriate authorities in accordance with the procedures
applicable to distribution of corresponding items from a precinct
polling place using paper ballots.
(b) If part of the early voting ballots are counted by
automatic tabulating equipment at a central counting station,
instead of delivering a copy of the early voting election returns
and other early voting election records to the canvassing authority
and to the general custodian of election records, those records
shall be delivered to the presiding judge of the central counting
station.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.18; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
SUBCHAPTER E. PROCESSING MECHANICAL VOTING MACHINE RESULTS
§ 87.081. AUTHORITY RESPONSIBLE FOR PROCESSING VOTING
MACHINE RESULTS. The early voting votes registered on a mechanical
voting machine and the early voting write-in votes recorded on the
machine shall be processed by the early voting ballot board.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.19; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 87.082. REGISTERING VOTES BY MAIL ON MACHINE. (a) At
the discretion of the presiding judge, the early voting ballot
board may register the early voting votes cast by mail on a
mechanical voting machine.
(b) The determination of whether to accept the ballots voted
by mail may be made before election day but the votes may not be
registered on a machine until election day.
(c) The early voting votes cast by mail may not be
registered on a mechanical voting machine on which early voting
votes were cast by personal appearance unless the early voting
ballot board has read and entered on the returns the votes cast on
the machine by personal appearance.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 1.27; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 87.083. PROCESSING RESULTS. (a) On the direction of
the presiding judge, the early voting ballot board shall process
the election results for each mechanical voting machine used for
early voting in accordance with the procedure applicable to
mechanical voting machines used at a precinct polling place.
(b) The results of all early voting votes processed by the
board under this subchapter shall be included in the same return.
The results of any manually counted early voting ballots shall also
be included in the return.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.19; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 87.084. DISPOSITION OF RETURNS AND OTHER
ITEMS. (a) Except as provided by Subsection (b), the presiding
judge of the early voting ballot board shall deliver the early
voting election returns containing the mechanical voting machine
results, other early voting records, and voting machine keys to the
appropriate authorities in accordance with the procedures
applicable to distribution of corresponding items from a precinct
polling place using mechanical voting machines.
(b) If part of the early voting ballots are counted by
automatic tabulating equipment at a central counting station,
instead of delivering a copy of the early voting election returns
and other early voting election records to the canvassing authority
and to the general custodian of election records, those records
shall be delivered to the presiding judge of the central counting
station.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.19; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
SUBCHAPTER F. PROCESSING BALLOTS COUNTED AT CENTRAL COUNTING
STATION
§ 87.101. DELIVERY OF BALLOTS TO COUNTING STATION. On
the direction of the presiding judge, the early voting ballot board
shall deliver to the central counting station the container for the
early voting electronic system ballots that are to be counted by
automatic tabulating equipment at a central counting station. The
board shall make the delivery without opening the container and in
accordance with the procedure applicable to electronic system
ballots cast at a precinct polling place.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 562, § 4, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 203, § 2.20; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 1316, § 28,
eff. Sept. 1, 2003.
§ 87.102. DUPLICATING PAPER BALLOTS FOR AUTOMATIC
COUNTING. (a) The authority adopting an electronic voting system
in which ballots are counted at a central counting station may
direct by resolution, order, or other official action that the
early voting regular paper ballots cast in an election be
duplicated as electronic system ballots for automatic counting at
the central counting station.
(b) Early voting ballots that are to be duplicated under
this section shall be delivered to the central counting station as
prescribed by Section 87.101 and shall be treated in the same manner
as damaged electronic system ballots that are duplicated for
automatic counting.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.20; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 87.103. COUNTING BALLOTS AND PREPARING
RETURNS. (a) The early voting electronic system ballots counted
at a central counting station shall be tabulated separately from
the ballots cast at precinct polling places and shall be separately
reported on the returns.
(b) The early voting returns prepared at the central
counting station must include any early voting results obtained by
the early voting ballot board under Subchapters D and E.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.20; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 87.104. DISPOSITION OF EARLY VOTING BALLOT BOARD
RETURNS AND OTHER RECORDS. Early voting returns or other early
voting election records to be delivered to the central counting
station under Section 87.063(b) or 87.084(b) shall be delivered to
the appropriate authorities with the counting station records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.20; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
SUBCHAPTER G. MISCELLANEOUS PROVISIONS
§ 87.121. EARLY VOTING ROSTERS. (a) The early voting
clerk shall maintain for each election a roster listing each person
who votes an early voting ballot by personal appearance and a roster
listing each person to whom an early voting ballot to be voted by
mail is sent.
(b) For each person listed, the applicable roster must
include:
(1) the person's name, address, and voter registration
number;
(2) an identification of the person's county election
precinct of registration; and
(3) the date of voting or the date the ballot was
mailed to the person, as applicable.
(c) Each roster shall be updated daily.
(d) Each roster may be maintained in any form approved by
the secretary of state.
(e) The clerk shall preserve each roster after the election
for the period for preserving the precinct election records.
(f) Information on the roster for a person to whom an early
voting mail ballot has been sent is not available for public
inspection, except to the voter seeking to verify that the
information pertaining to the voter is accurate, until the first
business day after election day.
(g) Information on the roster for a person who votes an
early voting ballot by personal appearance shall be made available
for public inspection not later than the beginning of regular
business hours on the day after the date the information is entered
on the roster under Subsection (c).
(h) Information on the roster for a person who votes an
early voting ballot by mail shall be made available for public
inspection not later than the day following the day the early voting
clerk receives a ballot voted by mail.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 1.28; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 565, §
6, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 864, § 83, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381, § 23, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 958, § 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 393, § 17, 18, eff. Sept. 1, 2003.
§ 87.122. PRECINCT EARLY VOTING LIST. (a) For each
election precinct in the territory served by the early voting
clerk, the clerk shall prepare a list containing the name, address,
and voter registration number of each person registered in the
precinct who votes an early voting ballot by personal appearance
and to whom an early voting ballot to be voted by mail is sent.
(b) If an election precinct is situated in more than one
county election precinct, the list must indicate each voter's
county election precinct of residence.
(c) The clerk shall deliver the list to the presiding judge
of the election precinct not later than the day before election day.
(d) The clerk shall preserve a copy of each precinct early
voting list prepared for the general election for state and county
officers for two years after election day.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.21; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 87.1221. DISPOSITION OF BALLOT TRANSMITTAL
FORM. (a) The presiding judge of the early voting ballot board
shall enter on the ballot transmittal form the following
information:
(1) the number of personal appearance ballots
received;
(2) the number of mail ballots received;
(3) the number of mail ballots accepted;
(4) the number of mail ballots rejected; and
(5) the number of ballots counted or delivered to the
central counting station, as applicable.
(b) A board member shall deliver the transmittal form to the
general custodian of election records to be preserved for the
period for preserving the precinct election records.
Added by Acts 1991, 72nd Leg., ch. 203, § 1.29.
§ 87.123. DELIVERING OTHER RECORDS AND SUPPLIES. Not
later than the second day after election day, the early voting clerk
shall deliver:
(1) the early voting records and supplies, other than
those required to be delivered to the early voting ballot board, to
the authority to whom the corresponding precinct election records
are delivered after the election; and
(2) the applications for early voting ballots voted by
personal appearance to the general custodian of election records,
to be retained 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, § 2.21; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 87.1231. EARLY VOTING VOTES REPORTED BY PRECINCT. Not
later than the time of the local canvass, the early voting clerk
shall deliver to the local canvassing authority a report of the
total number of early voting votes for each candidate or measure by
election precinct. The report may reflect the total for votes by
mail and the total for votes by personal appearance.
Added by Acts 1989, 71st Leg., ch. 114, § 12, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 203, § 1.30; Acts 1991,
72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th
Leg., ch. 1349, § 40, eff. Sept. 1, 1997; Acts 2003, 78th Leg.,
ch. 1316, § 29, 44, eff. Sept. 1, 2003.
§ 87.124. PRESERVATION OF EARLY VOTING ELECTION RECORDS
GENERALLY. The early voting election returns, voted early voting
ballots, and other early voting election records shall be preserved
after the election in the same manner as the corresponding precinct
election records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.21; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 87.125. COUNTING OF CERTAIN LATE BALLOTS VOTED BY
MAIL. (a) The early voting ballot board shall convene to count
ballots voted by mail described by Section 86.007(d) at the time set
by the presiding judge of the board on the sixth day after the date
of an election or on an earlier day if the early voting clerk
certifies that all ballots mailed from outside the United States
have been received.
(b) On counting the ballots under Subsection (a), the early
voting ballot board shall report the results to the local
canvassing authority for the election.
Added by Acts 1997, 75th Leg., ch. 1349, § 41, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 1316, § 30, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 1, § 5, eff.
Jan. 11, 2004.
