ELECTION CODE
CHAPTER 123. ADOPTION AND ACQUISITION OF VOTING SYSTEM
SUBCHAPTER A. ADOPTION OF VOTING SYSTEM
§ 123.001. ADOPTION OF VOTING SYSTEM
REQUIRED. (a) Before a voting system may be used in elections,
the authority designated by this section, by resolution, order, or
other official action of the authority, must adopt the system for
use in the elections.
(b) The decision on whether to adopt a voting system is made
by the following authority:
(1) for general elections for state and county
officers, the commissioners court;
(2) for primary elections, the county executive
committee of the political party holding the primary; and
(3) for any other elections:
(A) the commissioners court, if ordered by the
governor or by a county authority; or
(B) the governing body of the political
subdivision served by the authority ordering the elections, if
ordered by an authority serving a political subdivision other than
a county.
(c) If a voting system is adopted for use in elections, the
voting system shall be used in the elections in accordance with the
terms and conditions stated in the official action adopting the
system, subject to this title.
(d) A voting system that uses a punch-card ballot or similar
form of tabulating card may not be adopted for use in elections,
except for purposes of early voting by mail, on or after September
1, 2001. This subsection does not prohibit the use of a punch-card
ballot system or similar form of tabulating card if such system was
adopted prior to September 1, 2001.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2001, 77th Leg., ch. 1054, § 2, eff. Sept. 1, 2001.
§ 123.002. MODIFICATION OF ADOPTION ACTION. The
official action adopting a voting system for use in elections may be
modified or rescinded at any time by the adopting authority.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 123.003. RESTRICTING VOTING SYSTEM TO PARTICULAR
ELECTIONS. The authority adopting a voting system may restrict its
use to any one or more elections.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 123.004. RESTRICTING VOTING SYSTEM TO PARTICULAR
POLLING PLACES. The authority adopting a voting system may
restrict its use to one or more polling places, subject to Section
123.009.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2001, 77th Leg., ch. 557, § 1, eff. Sept. 1, 2001.
§ 123.005. MULTIPLE METHODS OF VOTING AT SAME POLLING
PLACE. (a) Except as otherwise provided by this code, only one
kind of voting system may be used at a polling place in an election.
(b) Except as otherwise provided by this title, regular
paper ballots may not be used at a polling place using a voting
system.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 123.006. ADOPTION OF VOTING SYSTEM FOR EARLY
VOTING. (a) A voting system may be adopted for use in early
voting only, regular voting on election day only, or both.
(b) A voting system may be adopted for use in early voting by
personal appearance only, early voting by mail only, or both.
(c) Only one kind of voting system may be used for early
voting by mail. A voting system and regular paper ballots may not
both be used in the same election for early voting by mail.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.55; Acts 1991, 72nd Leg., ch.
554, § 26, eff. Sept. 1, 1991.
§ 123.007. ADOPTION OF MORE THAN ONE VOTING SYSTEM FOR
SAME ELECTION. If more than one kind of voting system is adopted
for use at the polling places in the same election, the adopting
authority shall determine the polling place or places at which each
system is to be used, subject to Section 123.009.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2001, 77th Leg., ch. 557, § 2, eff. Sept. 1, 2001.
§ 123.008. REQUIREMENTS REGARDING MANUALS,
INSTRUCTIONS, AND OTHER DOCUMENTS FOR USE WITH ELECTRONIC VOTING
SYSTEM OR EQUIPMENT. (a) Each person who sells, leases, or
otherwise provides an electronic voting system or equipment to a
political subdivision shall also provide any user or operator
manuals or other instructions or documents relating to the use of
the system or equipment. The general custodian of election records
for the political subdivision shall make those materials available
for public inspection in the custodian's office on the request of
any person.
(b) The custodian shall also make available for public
inspection in the custodian's office any materials described by
Subsection (a) that are produced by the political subdivision for
its elections.
Added by Acts 1987, 70th Leg., ch. 484, § 5, eff. Sept. 1, 1987.
§ 123.009. IMPLEMENTATION OF NEW TECHNOLOGY IN CERTAIN
ELECTIONS. (a) This section applies to a voting system adopted
for use in an election ordered by the governor or a county authority
or in a primary election.
(b) If the design of the voting system or voting system
equipment is modified, upgraded, or otherwise enhanced by the
incorporation of new technology, the voting system equipment
implementing the new technology shall be distributed and used
proportionately and equitably among the election precincts in which
the particular voting system is used.
(c) The secretary of state by rule shall prescribe any
procedures necessary for the implementation of this section in a
manner that protects the voting rights of the affected voters.
Added by Acts 2001, 77th Leg., ch. 557, § 3, eff. Sept. 1, 2001.
SUBCHAPTER B. ACQUISITION OF EQUIPMENT USED IN VOTING SYSTEM
§ 123.031. ACQUISITION OF EQUIPMENT BY COUNTY. (a) A
county may contract to acquire the equipment necessary for
operating a voting system by purchase, lease, or other means.
(b) To finance the acquisition of equipment, the
commissioners court may issue bonds or other evidences of
indebtedness as authorized by general law, payable solely from the
county general fund.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 43, eff. Sept. 1, 1993.
§ 123.032. ACQUISITION OF EQUIPMENT BY POLITICAL
SUBDIVISION OTHER THAN COUNTY. (a) A political subdivision other
than a county may contract to acquire the equipment necessary for
operating a voting system as provided by this section.
(b) A political subdivision may lease the equipment from a
county in which the political subdivision is wholly or partly
situated. If the desired equipment is not available from the
county, the political subdivision may acquire it by purchase,
lease, or other means from any other source.
(c) If a political subdivision desires to lease equipment
owned by a county in which the political subdivision is wholly or
partly situated, the county shall lease the equipment to the
political subdivision under the terms agreed to by the parties,
except that the county's duty to lease the equipment is subject to
reasonable restrictions and conditions imposed by the
commissioners court to:
(1) ensure availability of the equipment in elections
for which the commissioners court adopted the voting system; and
(2) protect the equipment from misuse or damage.
(d) The maximum amount that a county in which a political
subdivision is wholly or partly situated may charge the political
subdivision for leasing county-owned equipment is 10 percent of the
purchase price of the equipment for each day the equipment is
leased.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 44, eff. Sept. 1, 1993.
§ 123.033. ACQUISITION OF EQUIPMENT BY POLITICAL PARTY
FOR PRIMARY. (a) A political party's county executive committee
that desires to use a voting system for a primary election must
acquire the equipment necessary for operating the voting system as
provided by this section.
(b) The county executive committee may contract to lease the
equipment from the county. If the equipment desired is not
available from the county, the county executive committee may
contract to lease it from any other source.
(c) If the county executive committee desires to lease
equipment owned by the county served by the committee, the county
shall lease the equipment to the committee under the terms agreed to
by the parties, except that the county's duty to lease the equipment
is subject to reasonable restrictions and conditions imposed by the
commissioners court to:
(1) ensure availability of the equipment in elections
for which the commissioners court adopted the voting system; and
(2) protect the equipment from misuse or damage.
(d) A county is not required to provide a political party's
county executive committee with equipment for use in an election
precinct in which fewer than 100 votes were cast in the political
party's most recent general or runoff primary.
(e) The maximum amount that may be charged for leasing
equipment to a county executive committee for a general or runoff
primary is:
(1) $16 for each mechanical voting machine;
(2) $5 for each unit of electronic voting system
equipment installed at a polling place; and
(3) $5 for each unit of other equipment not specified
by this subsection.
(f) In addition to the amount a county may charge for
leasing its equipment under Subsection (e), a county may charge a
county executive committee for the actual expenses incurred by the
county in:
(1) transporting the equipment to and from the polling
places;
(2) preparing the equipment for use in the primary
election; and
(3) operating a central counting station for the
primary election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 123.0331. ACQUISITION OF PUNCH-CARD BALLOT EQUIPMENT
GENERALLY PROHIBITED. A contract to acquire the equipment
necessary for operating a voting system that uses a punch-card
ballot or similar form of tabulating card may not be executed or
renewed, except for purposes of early voting by mail, on or after
September 1, 2001.
Added by Acts 2001, 77th Leg., ch. 1054, § 3, eff. Sept. 1, 2001.
§ 123.034. MAINTENANCE AND STORAGE OF EQUIPMENT. The
governing body of a political subdivision shall provide for the
proper maintenance and storage of the equipment that the
subdivision acquires for use in the operation of a voting system.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 123.035. VOTING SYSTEM EQUIPMENT CONTRACT. (a) A
contract for the acquisition of voting system equipment under this
subchapter must be in writing and be approved by the secretary of
state as to compliance of the voting system and voting system
equipment with the applicable requirements. The authority
acquiring the equipment shall submit to the secretary of state a
request for the letter and order described by this subsection
accompanied by a copy of the relevant portions of the contract
containing only the identifying information that the secretary
needs to determine whether the version of the system and equipment
being acquired under the contract complies with the applicable
requirements. If the contract is approved, the secretary of state
shall provide to the parties to the contract:
(1) a letter stating that the voting system and voting
system equipment being acquired under the contract satisfy the
applicable requirements for approval; and
(2) a certified copy of the written order issued by the
secretary under Section 122.038 or 122.070 approving the voting
system and voting system equipment for use in elections and, if
applicable, of the written order issued under Section 122.095
granting conditional approval of the system or equipment.
(b) A contract for the acquisition of voting system
equipment under this subchapter that is not approved by the
secretary of state in accordance with Subsection (a) is void. The
contract may not be ratified by either party and a payment may not
be made relating to the contract.
(c) A person commits an offense if the person executes a
voting system equipment contract that is not approved by the
secretary of state in accordance with Subsection (a). An offense
under this subsection is a Class B misdemeanor.
(d) If the secretary of state does not approve a contract
under this section, the secretary shall provide notice to the
parties to the contract that states the reasons the contract was not
approved.
Added by Acts 1993, 73rd Leg., ch. 728, § 45, eff. Sept. 1, 1993.
Amended by Acts 2003, 78th Leg., ch. 653, § 1, eff. Sept. 1,
2003.
§ 123.036. VENUE FOR OFFENSES. Venue for prosecution of
an offense under this chapter is in the county in which the offense
was committed.
Added by Acts 1993, 73rd Leg., ch. 728, § 45, eff. Sept. 1, 1993.
SUBCHAPTER C. ANNUAL VOTING SYSTEM REPORT
§ 123.061. ANNUAL REPORT REQUIRED. (a) Each authority
adopting a voting system for use in its elections shall file an
annual report as provided by this subchapter.
(b) The report must be filed with the secretary of state in
the form prescribed by the secretary.
Added by Acts 1993, 73rd Leg., ch. 728, § 46, eff. Sept. 1, 1993.
§ 123.062. FILING PERIOD. The report must be filed on
or after July 1 and before July 15.
Added by Acts 1993, 73rd Leg., ch. 728, § 46, eff. Sept. 1, 1993.
§ 123.063. CONTENTS OF REPORT. The report must contain:
(1) a description of the voting system currently used
by the authority;
(2) a copy of the written order issued by the secretary
of state under Section 122.038 or 122.070 approving the voting
system and voting system equipment for use in elections and, if
applicable, of the written order issued under Section 122.095
granting conditional approval of the system or equipment; and
(3) a statement that the voting system currently used
by the authority has not been modified since the date of filing of
the authority's previous report, or if modified, that approval of
the modified design has been sought under Subchapter C, Chapter
122.
Added by Acts 1993, 73rd Leg., ch. 728, § 46, eff. Sept. 1, 1993.
§ 123.064. REVIEW OF REPORT. (a) The secretary of
state shall review each report filed under this subchapter not
later than the 30th day after the date of the filing deadline for
the report.
(b) The secretary of state shall deliver a written
delinquency notice to each authority that filed a report covering
the previous reporting period but that fails to file a report
covering the current reporting period.
(c) The secretary of state may deliver to the attorney
general the name of each authority that fails to file a report
covering the current reporting period within 30 days after the date
of receipt of a delinquency notice.
Added by Acts 1993, 73rd Leg., ch. 728, § 46, eff. Sept. 1, 1993.
§ 123.065. MANDAMUS BY ATTORNEY GENERAL. The attorney
general may seek a writ of mandamus to compel the filing of a report
by each authority that fails to comply with this subchapter.
Added by Acts 1993, 73rd Leg., ch. 728, § 46, eff. Sept. 1, 1993.
§ 123.066. ADDITIONAL PROCEDURES PRESCRIBED BY
SECRETARY OF STATE. The secretary of state may prescribe any
procedures necessary to implement this subchapter.
Added by Acts 1993, 73rd Leg., ch. 728, § 46, eff. Sept. 1, 1993.
