ELECTION CODE
CHAPTER 126. PROCESSING MECHANICAL VOTING MACHINE RESULTS
SUBCHAPTER A. PREPARING RETURNS AND RELATED ACTIVITIES
§ 126.001. CONTENTS OF RETURNS. The election returns
for each polling place using mechanical voting machines must state:
(1) the designating numbers of the candidates and
propositions appearing on mechanical voting machine ballot labels,
if any;
(2) separate tabulations of the results registered on
each machine for each candidate and proposition;
(3) the totals of the results for each candidate and
proposition from all the machines installed at the polling place;
and
(4) any other information required by the secretary of
state.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 126.002. ENTERING RESULTS ON RETURNS FOR MACHINE
WITHOUT PRINTOUT. (a) The election results registered on a
mechanical voting machine that does not produce a printout of the
votes cast on the machine shall be entered on the election returns
as provided by this section.
(b) After a voting machine is secured against unauthorized
operation, on direction of the presiding judge an election officer
shall open the registering counters and announce the designating
number, if any, of each candidate and proposition, the vote for each
candidate, and the vote for and against each proposition as
indicated on the registering counters. As the results are
announced, an election officer shall enter them on the election
returns.
(c) An election officer or a watcher designated by the
presiding judge shall observe the officer announcing the vote to
confirm that the correct vote is announced. Another election
officer or watcher shall observe the officer entering the vote on
the returns to confirm that the correct vote is entered.
(d) After the entries are made on the election returns, an
election officer shall read from the returns the name and
designating number, if any, of each candidate, each proposition and
its designating number, if any, the vote for each candidate, and the
vote for and against each proposition. As the entries are read,
another election officer shall verify them by comparing them to the
results registered on the voting machine. During the verification,
persons lawfully present in the polling place are entitled to
compare the entries on the election returns with the results
registered on the voting machine. Discrepancies shall be reported
to the presiding judge, who shall make the appropriate corrections
to the entries.
(e) The registering counters shall remain open and
accessible until the entries are verified and corrected. On
completion of the verification and correction, an election officer
shall resecure the registering counters.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 126.003. ENTERING RESULTS ON RETURNS FOR MACHINE WITH
PRINTOUT. (a) The procedure for entering the election results on
the election returns prescribed by Section 126.002 applies to a
mechanical voting machine that produces a printout of the votes
cast on the machine except as provided by this section.
(b) After a voting machine is secured against unauthorized
operation, the presiding judge shall detach the printout from the
voting machine. The entries on the returns shall be made by using
the printout as the source of the election results instead of the
registering counters of the voting machine. The registering
counters shall be kept closed to access.
(c) If the identity of the voting machine does not appear on
its printout, the presiding judge shall enter the machine's
identity on the printout. The presiding judge and two election
clerks shall certify that the printout and the machine correspond
by signing the printout.
(d) After the entries are verified and corrected, the
presiding judge shall deliver the printout to the general custodian
of election records who shall preserve it for the period for
preserving the precinct election records.
(e) If the printout is illegible, the presiding judge shall
note that fact on the returns, and the results shall be entered on
the returns in the manner prescribed by Section 126.002.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 37, eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 491, § 1, eff. Sept. 1, 1987.
§ 126.004. PROCESSING WRITE-INS RECORDED ON
MACHINE. (a) The write-in votes that voters record on a
mechanical voting machine shall be counted and the results entered
on the election returns as prescribed by the secretary of state.
(b) After the write-in results from a voting machine are
entered on the election returns, the write-in record from the
machine shall be sealed as prescribed by the secretary of state.
(c) The presiding judge shall deliver the sealed write-in
records and a copy of the write-in tally list to the general
custodian of election records who shall preserve them for the
period for preserving the precinct election records.
(d) The presiding judge shall deliver the other copies of
the write-in tally list to each of the authorities who receive tally
lists from polling places using paper ballots.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 126.005. PROCESSING PAPER WRITE-IN BALLOTS. (a) If
a vote is cast by paper write-in ballot for a candidate for whom the
voter could have voted by machine, the paper write-in vote may not
be counted.
(b) The write-in affidavits shall be placed in ballot box
no. 3.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 126.006. SUBSTITUTE CONTAINER FOR BALLOT BOX NO. 3 OR
NO. 4. The secretary of state may provide for using envelopes or
other containers instead of ballot box no. 3 or no. 4 at polling
places using mechanical voting machines at which paper ballots are
also used.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 126.007. REVIEW OF ELECTION RETURNS AND
CERTIFICATION. (a) After the results of the election at a polling
place using mechanical voting machines have been entered on the
election returns, the presiding judge and at least two election
clerks shall review the returns to determine whether they are in
proper order.
(b) The presiding judge shall make the appropriate
corrections in the election returns.
(c) When the reviewing election officers are satisfied that
the election returns are in proper order, they shall sign the
returns to certify their accuracy.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 126.008. DISTRIBUTION OF RETURNS AND POLL LIST. Three
copies of the election returns and two copies of the poll list from
each precinct polling place using mechanical voting machines shall
be distributed in the same manner as for a precinct polling place
using paper ballots, except that none are placed in ballot box no.
3.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 126.009. DISPOSITION OF KEYS TO MACHINE. (a) After
completion of the election returns, the presiding judge shall place
the keys to each mechanical voting machine used at the polling place
in a separate envelope and seal the envelope.
(b) The presiding judge and two election clerks shall sign
their names across the envelope seal. The presiding judge shall
enter on the envelope the date of the election, the identity of the
polling place, and any other information required by the secretary
of state.
(c) The presiding judge shall deliver the sealed envelope
containing the keys to the custodian of the voting machine. The
custodian shall preserve the envelope in its sealed condition for
the period the voting machine is secured after the election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
SUBCHAPTER B. PRESERVATION OF ELECTION RESULTS
§ 126.031. SECURITY PERIOD FOR PRESERVING ELECTION
RESULTS. (a) The election results registered on a mechanical
voting machine shall be preserved on the machine for 10 days after
election day unless the machine is required for another election
before that time expires. In that case, the results shall be
preserved for five days after election day or until the local
canvass of the returns containing the election results from the
machine is completed, whichever is later.
(b) The custodian of the voting machine shall keep the
machine secure against unauthorized operation for the period
prescribed by Subsection (a).
(c) The voting machine may be unsecured and cleared of the
election results at any time after the security period prescribed
by Subsection (a) expires unless the period is extended under this
subchapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 126.032. EXTENSION OF SECURITY PERIOD ON
REQUEST. (a) A mechanical voting machine shall remain secure if,
before the security period prescribed by Section 126.031 expires,
the machine's custodian receives a request to maintain security of
the machine for an extended period.
(b) A request must be in writing and signed by:
(1) a person eligible to contest the election or
obtain a recount; or
(2) a public authority authorized to conduct a
criminal investigation involving use of the voting machine in the
election or a person designated by the public authority to make the
request.
(c) The request shall be preserved by the machine's
custodian for the period for preserving the precinct election
records.
(d) To obtain the release of a voting machine secured under
this section, the machine's custodian must petition a district
court for the release. Venue of the petition is in the county in
which the polling place at which the voting machine was installed is
located.
(e) On petition, the court shall issue an order releasing
the voting machine unless the party requesting the extended
security period establishes that maintaining security of the
machine is necessary to the disposition of an election contest,
recount, or criminal investigation. In that case, the court shall
determine the period for continuing the machine's security and
issue an order releasing the machine on expiration of that period.
If the machine is required for another election, the court shall
order its release for a time before the election that will not
interfere with use of the machine in the election.
(f) The voting machine may be unsecured and cleared of
election results at any time after the machine is released by the
district court.
(g) The requesting party may withdraw the request before a
petition is filed under this section by submitting a written
retraction to the machine's custodian. If a request is withdrawn, a
machine secured by the request may be unsecured and cleared of
election results without petitioning a district court for a
release. The retraction shall be preserved with the request.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 126.033. EXTENSION OF SECURITY PERIOD BY
COURT. (a) A court or other tribunal of competent jurisdiction
may extend the security period prescribed by Section 126.031 if the
tribunal determines that an extension might be necessary to the
disposition of an election contest, recount, or criminal
investigation.
(b) If a tribunal extends the security period, the tribunal
shall determine the period for continuing the machine's security
and issue an order releasing the machine on the expiration of that
period. If the machine is required for another election, the
tribunal shall order its release for a time before the election that
will not interfere with use of the machine in the election.
(c) The voting machine may be unsecured and cleared of
election results at any time after the machine is released by the
tribunal.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 126.034. PRESERVATION OF BALLOT LABEL. (a) The
mechanical machine ballot label shall be preserved intact on the
voting machine during the period that the machine is secured
following an election. After that period expires, the ballot label
may be detached from the machine.
(b) If the ballot label is detached from the voting machine
before the period for preserving the precinct election records
expires, the machine's custodian shall deliver the ballot label to
the general custodian of election records.
(c) The ballot label may be discarded or destroyed after the
security period expires or the period for preserving the precinct
election records expires, whichever is later.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 126.035. EXAMINATION OF SECURED MACHINE. (a) During
the period that a mechanical voting machine is secured following an
election, the machine may be examined only as authorized by this
code or on the order of a court or other tribunal of competent
jurisdiction.
(b) On completion of an examination, the authority that
ordered the examination shall have the machine restored to its
secured condition. The person in charge of the examination shall
replace the keys to the machine in their envelope, seal the
envelope, sign the person's name across the seal, and return the
sealed envelope to the machine's custodian.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 88, eff. Sept. 1, 1997.
