ELECTION CODE
CHAPTER 127. PROCESSING ELECTRONIC VOTING SYSTEM RESULTS
SUBCHAPTER A. ESTABLISHMENT AND ORGANIZATION OF CENTRAL COUNTING
STATION
§ 127.001. ESTABLISHMENT OF CENTRAL COUNTING
STATION. (a) The authority adopting an electronic voting system
for use in an election may establish, in accordance with this
subchapter, one or more central counting stations for counting the
ballots if the voting system is designed to have ballots counted at
a central location.
(b) If the adopting authority does not establish a central
counting station for the election, the authority shall designate
one or more counting stations established by another authority.
(c) The central counting station must be located in the
county in which the political subdivision served by the authority
adopting the voting system is wholly or partly situated or in a
county contiguous to that county.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.002. COUNTING STATION MANAGER. (a) The
authority establishing a central counting station shall appoint a
manager of the station. Except as otherwise provided by this
section, the eligibility requirements prescribed by this code for
precinct election judges apply to a person appointed under this
section.
(b) To be eligible for appointment, a person must:
(1) have knowledge and experience in the conduct of
elections with the electronic voting system for which the counting
station is established; and
(2) be a registered voter of the political subdivision
served by the authority establishing the counting station, except
during the first year following the adoption of the voting system.
(c) Employees of a political subdivision are not
disqualified from appointment and, if appointed, may be paid
additional compensation for their services.
(d) The general custodian of election records is eligible
for appointment notwithstanding the custodian's status as a
candidate or officeholder.
(e) The manager is in charge of the overall administration
of the central counting station and the general supervision of the
personnel working at the station.
(f) The manager is entitled to compensation in an amount
fixed by the authority establishing the counting station.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 492, § 1, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 48, eff. Sept. 1, 1993.
§ 127.003. TABULATION SUPERVISOR. (a) The authority
establishing a central counting station shall appoint a tabulation
supervisor of the station. Except as otherwise provided by this
section, the eligibility requirements prescribed by this code for
precinct election judges apply to a person appointed under this
section.
(b) To be eligible for appointment, a person must be trained
in the operation of the automatic tabulating equipment installed at
the counting station.
(c) Employees of a political subdivision are not
disqualified from appointment and, if appointed, may be paid
additional compensation for their services.
(d) The tabulation supervisor is in charge of the operation
of the automatic tabulating equipment at the counting station.
(e) The tabulation supervisor is entitled to compensation
in an amount fixed by the authority establishing the counting
station.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 492, § 2, eff. Sept. 1, 1987.
§ 127.004. ASSISTANTS TO TABULATION
SUPERVISOR. (a) The tabulation supervisor may appoint one or
more assistants, each of whom must be approved by the authority
establishing the central counting station.
(b) To be eligible for appointment, a person must have the
competence, training, and experience required for the proper
performance of the work assigned.
(c) Employees of the political subdivision are not
disqualified from appointment and, if appointed, may be paid
additional compensation for their services.
(d) An assistant shall assist the tabulation supervisor in
the operation of the automatic tabulating equipment as directed by
the tabulation supervisor.
(e) An assistant is entitled to compensation in an amount
fixed by the authority establishing the counting station.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 492, § 3, eff. Sept. 1, 1987.
§ 127.005. PRESIDING JUDGE OF COUNTING
STATION. (a) The authority appointing the presiding judges to
serve in an election shall appoint a presiding judge of each central
counting station operating in the election.
(b) Except as otherwise provided by this section, the
eligibility requirements prescribed by this code for precinct
presiding judges apply to a presiding judge of a central counting
station. To be eligible to serve as a judge under this section, a
person must be a qualified voter of the political subdivision
served by the authority adopting the voting system. The general
custodian of election records and employees of the custodian are
eligible to serve as a judge under this section notwithstanding the
custodian's status as a candidate or officeholder.
(c) The presiding judge shall maintain order at the counting
station and has the same authority as a precinct presiding judge in
that respect and in the administration of oaths. The presiding
judge may confer with and advise the manager or tabulation
supervisor on any activity at the counting station.
(d) The presiding judge is entitled to compensation at the
same rate as a precinct presiding judge, except that the counting
station judge is entitled to a minimum compensation of five hours'
pay regardless of the amount of time worked.
(e) For an election in which election judges appointed under
Section 32.002 serve, the presiding judge and an alternate
presiding judge shall be appointed for each central counting
station operating in the election in the same manner as a presiding
judge and alternate presiding judge under Section 32.002.
(f) An alternate presiding judge appointed under Subsection
(e) serves:
(1) as presiding judge for the counting station if the
regularly appointed presiding judge cannot serve; or
(2) in another position established under this
subchapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 492, § 4, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 49, eff. Sept. 1, 1993; Acts 2003,
78th Leg., ch. 967, § 1, eff. Sept. 1, 2003.
§ 127.006. COUNTING STATION CLERKS. (a) Both the
manager and the presiding judge may appoint clerks to serve at the
central counting station.
(b) Except as otherwise provided by this section, the
eligibility requirements prescribed by this code for precinct
election clerks apply to clerks serving at a central counting
station. To be eligible to serve as a clerk under this section, a
person must be a qualified voter of the county in which the central
counting station is located. The general custodian of election
records, an employee of the custodian, or any other employee of a
political subdivision is not ineligible to serve as a clerk under
this section because the person is a qualified voter of a county
other than the county in which the central counting station is
located or because of the custodian's status as a candidate or
officeholder.
(c) A clerk appointed by the manager serves under the
manager and shall perform the functions directed by the manager. A
clerk appointed by the presiding judge serves under the presiding
judge and shall perform the functions directed by the presiding
judge.
(d) A clerk is entitled to compensation at the same rate as a
precinct election clerk, except that a clerk who serves for the
entire time a counting station is in operation is entitled to a
minimum compensation of three hours' pay regardless of the amount
of time worked.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 492, § 5, eff. Sept. 1, 1987; Acts
1997, 75th Leg., ch. 1349, § 47, eff. Sept. 1, 1997.
§ 127.007. PLAN FOR COUNTING STATION OPERATION. The
manager shall establish and implement a written plan for the
orderly operation of the central counting station.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
SUBCHAPTER C. SEALED BALLOT BOXES
§ 127.061. SEALED BALLOT BOXES REQUIRED. Sealed ballot
boxes shall be used to deliver electronic system ballots from the
polling place to the central counting station in accordance with
this subchapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2001, 77th Leg., ch. 1054, § 6, eff. Sept. 1, 2001.
§ 127.063. DESIGN OF BALLOT BOX. A sealed ballot box
used under this subchapter must be equipped with a lock to prevent
opening the box without a key and designed and constructed so that:
(1) the ballots can be deposited and delivered without
damage that will render them unfit for processing in automatic
tabulating equipment;
(2) the box can be sealed to detect any unauthorized
opening of the box; and
(3) the slot used by voters to deposit ballots can be
sealed to prevent any unauthorized deposit in the box.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.064. SEALS FOR BALLOT BOXES. (a) A seal shall be
provided for each ballot box used under this subchapter.
(b) The seals for the boxes must be serially numbered for
each election.
(c) The authority responsible for distributing election
supplies to the polling places shall prepare a record of the serial
numbers of the seals and preserve the record for the period for
preserving the precinct election records. The authority shall
provide each central counting station with a copy of the record
before ballots are delivered to the station for processing.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.065. SEALING BALLOT BOX; DELIVERY TO POLLING
PLACE. (a) An adequate number of sealed ballot boxes shall be
provided for each polling place at which sealed boxes are to be
used.
(b) Before the ballot boxes are delivered to the polling
places, the authority responsible for distributing election
supplies to the polling places shall inspect and empty each box.
The authority shall then lock the empty box and seal it so that the
box cannot be opened without breaking the seal.
(c) Once sealed, the ballot boxes may not be opened except
as provided by Section 127.068.
(d) After the ballot boxes are locked and sealed, the
authority responsible for distributing election supplies shall
have the ballot boxes delivered to the polling places and have the
keys delivered to the presiding judge of the central counting
station.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.066. SEALING DEPOSIT SLOT; DELIVERY OF SEALED
BALLOT BOX TO COUNTING STATION. (a) Immediately on completion of
voting at a polling place using sealed ballot boxes or, if the
presiding judge inactivates a sealed ballot box before completion
of voting, immediately on inactivation, an election officer shall
seal the deposit slot in each box so that nothing can be deposited
through the slot without breaking the seal.
(b) The presiding judge, an election clerk, and not more
than two watchers, if one or more watchers are present, shall sign
the seal. The watchers must be of opposing interests if such
watchers are present.
(c) After the box is sealed, it shall be delivered to the
central counting station by two election officers. The officers
shall deliver the box to the presiding judge of the central counting
station or to the judge's designee.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2003, 78th Leg., ch. 1316, § 34, eff. Sept. 1, 2003.
§ 127.067. DISPOSITION OF ELECTION RECORDS. (a) An
election officer shall place the precinct election records in the
appropriate envelopes or other containers provided for that
purpose.
(b) Except as provided by Subsection (c), the precinct
election records shall be delivered to the presiding judge of the
central counting station with the delivery of the last sealed
ballot box.
(c) The appropriate election records shall be retained by
the presiding judge or placed in ballot box no. 4, as applicable, in
the same manner as for a polling place using regular paper ballots.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.068. RECEIVING SEALED BALLOT BOX AT COUNTING
STATION. (a) On receipt of a sealed ballot box, the presiding
judge of the central counting station or the judge's designee shall
give a signed receipt for the box to one of the delivering officers.
The presiding judge at the polling place shall preserve the receipt
for the period for preserving the precinct election records.
(b) Before opening the ballot box, the presiding judge of
the counting station or the judge's designee shall inspect the box,
the seal of the box, and the seal of the deposit slot to determine if
they are intact and shall determine if the serial number on the seal
of the box corresponds with the number indicated on the record of
serial numbers at the counting station. If the box and both seals
are intact and the serial numbers correspond, the judge or designee
shall break the seals, unlock the lock, and open the box.
(c) If any irregularities are discovered, the presiding
judge shall take appropriate action in accordance with procedures
prescribed by the secretary of state.
(d) The presiding judge of the counting station shall
preserve both seals for the period for preserving the precinct
election records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 91, eff. Sept. 1, 1997.
§ 127.069. SORTING BALLOTS. (a) After opening a
sealed ballot box, the presiding judge of the central counting
station shall sort the damaged ballots, the ballots containing
write-in votes, and any other ballots requiring special handling
and place them in the appropriate envelopes or other containers
provided for that purpose.
(b) After the ballots are sorted, the presiding judge shall
deliver them to the manager of the central counting station.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
SUBCHAPTER D. TESTING TABULATING EQUIPMENT
§ 127.091. TEST OF TABULATING EQUIPMENT REQUIRED. The
automatic tabulating equipment used for counting ballots at a
central counting station shall be tested as provided by this
subchapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.092. TESTING AUTHORITIES. The programmer,
tabulation supervisor, counting station manager, and presiding
judge of the central counting station shall prepare and conduct the
test jointly.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.093. TIMES FOR CONDUCTING TEST. (a) The test
shall be conducted three times for each election.
(b) The first test shall be conducted at least 48 hours
before the automatic tabulating equipment is used to count ballots
voted in the election.
(c) The second test shall be conducted immediately before
the counting of ballots with the equipment begins.
(d) The third test shall be conducted immediately after the
counting of ballots with the equipment is completed.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.094. DESIGN OF TEST. (a) The test must be
designed to determine whether the automatic tabulating equipment
accurately counts ballots and otherwise functions properly.
(b) A group of test ballots shall be counted with the
equipment using the program prepared for processing the ballots
voted in the election. The test ballots must be printed on the same
stock as the official ballots for the election.
(c) The group of test ballots must contain a predetermined
number of valid votes for each candidate and for and against each
proposition on the ballot for the election. The test group must
also contain ballots with votes in excess of the allowable number
and with other improper votes.
(d) The same test shall be administered each time the
equipment is tested for the same election.
(e) The secretary of state may prescribe additional
requirements for the test.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.095. DETERMINING SUCCESS OF TEST. (a) A test is
successful if a perfect count of the test ballots is obtained and
the automatic tabulating equipment otherwise functions properly
during the counting of the test ballots.
(b) The testing authorities shall determine whether a test
is successful.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.096. CONDUCT OF FIRST TEST. (a) The custodian of
the automatic tabulating equipment shall publish notice of the
date, hour, and place of the test conducted under Section
127.093(b) in a newspaper, as provided by general law for official
publications by political subdivisions, at least 48 hours before
the date of the test.
(b) The test is open to the public.
(c) The automatic tabulating equipment may not be used to
count ballots voted in the election until a test is successful.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 50, eff. Sept. 1, 1993.
§ 127.097. CONDUCT OF SECOND TEST. (a) The automatic
tabulating equipment may not be used to count ballots voted in the
election until a test conducted under Section 127.093(c) is
successful.
(b) If the initial test is unsuccessful, the presiding judge
shall prepare a written record of the changes to the program,
adjustments to the equipment, and other actions taken to achieve a
successful test. The record shall be retained with the test
materials.
(c) When a test is successful, the presiding judge shall
certify in writing that a test was successful and the date and hour
the test was completed. The certification shall be retained with
the test materials.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.098. CONDUCT OF THIRD TEST; VOID BALLOT
COUNT. (a) If the initial test conducted under Section
127.093(d) is unsuccessful, the count of ballots voted in the
election obtained with the automatic tabulating equipment is void.
(b) If the initial test is successful, the automatic count
of ballots voted in the election is valid for the purpose of
certifying the election returns prepared at the central counting
station. The presiding judge shall certify in writing that the
initial test was successful and the date and hour the test was
completed. The certification shall be retained with the test
materials.
(c) If the ballot count is void under Subsection (a), the
testing authorities shall follow the procedure prescribed by
Section 127.097. When a test is successful, the ballots to be
counted automatically shall immediately be counted. Immediately on
completing the automatic count, the equipment shall again be
tested, and if the initial test is successful the automatic count is
valid for the purpose of certifying the election returns.
Otherwise, the automatic ballot count is void.
(d) The procedure prescribed by Subsection (c) shall be
repeated until a valid automatic count is obtained or the testing
authorities determine that obtaining a valid automatic count is
impracticable. In that case, the ballots shall be counted
manually.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.099. SECURITY OF TEST MATERIALS. (a) On
completing each test, the presiding judge shall place the test
ballots and other test materials in a container provided for that
purpose and seal the container so it cannot be opened without
breaking the seal. The manager, tabulation supervisor, presiding
judge, and not more than two watchers, if one or more watchers are
present, shall sign the seal. The watchers must be of opposing
interests if such watchers are present.
(b) The test materials shall remain sealed for the period
for preserving the precinct election records.
(c) The container may not be unsealed unless the contents
are necessary to conduct a test under this subchapter, a criminal
investigation, election contest, or other official proceeding
under this code. If the container is unsealed, the authority in
charge of the proceeding shall reseal the contents when not in use.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.100. CUSTODY OF TEST MATERIALS. (a) The
presiding judge is the custodian of the test materials until they
are delivered under Subsection (b).
(b) The sealed container holding the test materials shall be
delivered to the general custodian of election records with the
delivery of the election returns prepared at the counting station.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
SUBCHAPTER E. PROCESSING RESULTS AT CENTRAL COUNTING STATION
§ 127.121. PROGRAMMER FOR TABULATING
EQUIPMENT. (a) If the automatic tabulating equipment to be used
for counting ballots at a central counting station requires the
preparation of a program, the authority responsible for having the
ballot prepared for the election shall appoint a programmer.
(b) Any person who has the competence required to prepare
the program is eligible for appointment.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.122. APPROVAL OF PROGRAM. If a person other than
the tabulation supervisor is appointed as the programmer, the
program shall be submitted to the tabulation supervisor for
approval not later than the 10th day before the date the automatic
tabulating equipment for which the program is prepared is first
used to count ballots voted in the election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.123. SECURITY OF PROGRAM. (a) The tabulation
supervisor shall protect the program prepared for the automatic
tabulating equipment installed at the central counting station from
tampering and unauthorized use, as prescribed by the secretary of
state.
(b) After the automatic counting of ballots is completed,
the program shall be sealed in the container for the secured test
materials. The program shall remain in the sealed container for the
same period as the test materials and may be unsealed only under the
same conditions as the test materials.
(c) The secretary of state shall prescribe procedures for
the security of programs for central counting station equipment for
which compliance with this section is impracticable.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.1231. SECURITY OF AUTOMATIC TABULATING
EQUIPMENT. (a) Except as provided by Subsection (b), the general
custodian of election records shall ensure that any computer
terminals located outside the central counting station that are
capable of accessing the automatic tabulating equipment during the
tabulation are capable of inquiry functions only and shall ensure
that no modem access to the tabulating equipment is available
during the tabulation.
(b) The secretary of state may prescribe procedures for the
use of a system to allow results to be transmitted by a modem to the
central counting station from units of automatic tabulating
equipment located at a precinct polling place or at a regional
tabulating center serving several precincts. The system must
provide for a secure transmission of data. Results may not be
transmitted under this subsection until the polls close on election
day.
Added by Acts 1987, 70th Leg., ch. 484, § 7, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 1349, § 48, eff. Sept. 1,
1997.
§ 127.1232. SECURITY OF VOTED BALLOTS. The general
custodian of election records shall post a guard to ensure the
security of ballot boxes containing voted ballots throughout the
period of tabulation at the central counting station.
Added by Acts 1987, 70th Leg., ch. 484, § 7, eff. Sept. 1, 1987.
§ 127.124. EARLY PROCESSING OF BALLOTS. (a) The
authority adopting an electronic voting system for use in an
election in which ballots are processed at a central counting
station may provide by resolution, order, or other official action
that processing the electronic system ballots will begin while the
polls are open for voting on election day.
(b) The authority shall state in the official action the
intervals during the day at which the ballots are to be delivered
from the polling places to the central counting station for
processing.
(c) The boxes in which the ballots are delivered to the
counting station may be returned to the polling places for use in
subsequent deliveries. If a box to be reused is a sealed ballot box
authorized by Subchapter C, the authority responsible for
distributing election supplies to the polling places, or the
authority's designee, shall lock and seal the box at the counting
station in the same manner as for the initial locking and sealing of
the box and then deliver it to the appropriate polling place.
(d) The precinct election records shall be delivered to the
central counting station in the last ballot box delivered from the
polling place to the counting station.
(e) The authority may restrict early ballot processing to
ballots voted at particular polling places by designating the
polling places in the official action providing for the early
processing. The authority may restrict the early processing to
activities preparatory to the counting of ballots by stating in the
official action the activities that are to be performed before the
closing of the polls.
(f) Early processing of ballots under this section does not
affect the time at which the results of the election may be
disclosed.
(g) If the counting of ballots begins before the polls
close, the provisions applicable to absences from the polling place
by election officers while the polls are open apply to the personnel
serving at the central counting station. The presiding judge shall
supervise the absences.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 92, eff. Sept. 1, 1997.
§ 127.125. PREPARING BALLOTS FOR AUTOMATIC
COUNTING. (a) The manager of a central counting station shall
have the ballots prepared for automatic counting.
(b) The manager shall have the ballots examined to detect
any irregularly marked ballots and to determine whether the ballots
to be counted automatically are ready for counting and can be
properly counted. The manager shall have each irregularly marked
ballot duplicated to indicate the intent of the voter if the voter's
intent is clearly ascertainable, unless other law prohibits
counting the vote. After making the appropriate determinations and
taking the appropriate actions, the manager shall approve the
ballots for counting.
(c) After the ballots are approved for counting, the manager
shall deliver them to the tabulation supervisor or to the
supervisor's designee.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2001, 77th Leg., ch. 851, § 4, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1054, § 7, eff. Sept. 1, 2001.
§ 127.126. DUPLICATING BALLOTS. (a) The manager of a
central counting station may have ballots duplicated for automatic
counting as provided by this section.
(b) The valid portion of a partially invalid ballot may be
duplicated on another ballot so that the valid portion can be
automatically counted.
(c) If an electronic system ballot is damaged to the extent
it cannot be automatically counted, the ballot may be duplicated so
it can be automatically counted.
(d) A procedure other than duplication may not be used to
process a ballot subject to this section unless the procedure is
expressly authorized by the secretary of state.
(e) Each duplicate ballot must be clearly labeled
"Duplicate" and must bear the serial number of the original ballot.
(f) The duplicate shall be substituted for the original
ballot in the ballots prepared for automatic counting. The
original shall be preserved with the other voted ballots for the
same period.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 38, eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 491, § 2, eff. Sept. 1, 1987; Acts 1993,
73rd Leg., ch. 728, § 51, eff. Sept. 1, 1993.
§ 127.127. OPERATING EQUIPMENT AND HANDLING BALLOTS
RESTRICTED. A person other than the tabulation supervisor and the
assistants to the tabulation supervisor may not operate the
automatic tabulating equipment or handle the ballots that are
automatically counted from the time the ballots are delivered to
the tabulation supervisor for counting until the automatic counting
is completed.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.128. BALLOTS TABULATED BY PRECINCT. The
automatically counted ballots shall be separately tabulated
according to election precinct.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.129. CORRECTION OF RESULTS AFTER EQUIPMENT
MALFUNCTION. The secretary of state shall prescribe procedures
for correcting results after the discovery of an equipment
malfunction that caused the results to be incorrect.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.130. MANUAL COUNTING. (a) Electronic system
ballots that are not to be counted automatically and the write-in
votes not counted at the polling places shall be counted manually at
the central counting station.
(b) If the automatic counting of electronic system ballots
becomes impracticable for any reason, the manager may direct that
the ballots be counted manually at the central counting station.
(c) The procedure for manual counting is the same as that
for regular paper ballots to the extent practicable. The manager is
responsible for the manual counting of ballots at the central
counting station.
(c-1) In any manual count conducted under this code, an
irregularly marked vote on a ballot on which a voter indicates a
vote by making a mark on the ballot is considered in the same manner
as provided by Section 65.009.
(d) Subject to Subsection (e), in any manual count conducted
under this code, a vote on a ballot on which a voter indicates a vote
by punching a hole in the ballot may not be counted unless:
(1) at least two corners of the chad are detached;
(2) light is visible through the hole;
(3) an indentation on the chad from the stylus or other
object is present and indicates a clearly ascertainable intent of
the voter to vote; or
(4) the chad reflects by other means a clearly
ascertainable intent of the voter to vote.
(e) Subsection (d) does not supersede any clearly
ascertainable intent of the voter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 52, eff. Sept. 1, 1993; Acts
2003, 78th Leg., ch. 1315, § 51, eff. Jan. 1, 2004.
§ 127.1301. TALLYING, TABULATING, AND REPORTING
PUNCH-CARD OR CENTRALLY COUNTED OPTICAL SCAN BALLOT UNDERVOTES AND
OVERVOTES. In an election using punch-card or centrally counted
optical scan ballots, the undervotes and overvotes on those ballots
shall be tallied, tabulated, and reported by race and by election
precinct in the form and manner prescribed by the secretary of
state.
Added by Acts 2001, 77th Leg., ch. 1054, § 8, eff. Sept. 1, 2001.
§ 127.131. PREPARING RETURNS. (a) After the automatic
counting of ballots for each precinct is completed, the presiding
judge of the central counting station shall prepare the election
returns for that precinct and sign the returns to certify their
accuracy.
(b) In addition to the results of the automatically counted
votes, the returns must include the results of the manually counted
votes.
(c) The same number of copies of the returns shall be
prepared as for a precinct polling place using regular paper
ballots.
(d) The returns may not be certified until a valid automatic
count is obtained or a manual count is completed, as appropriate.
(e) If the automatic tabulating equipment produces a
printout that contains all information required to appear on the
election returns, the printout with the addition of the manually
counted votes constitutes the return.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.132. DISPOSITION OF BALLOTS, RETURNS, AND OTHER
RECORDS. (a) The presiding judge of a central counting station
shall distribute the voted ballots, election returns, and other
election records from the counting station to the appropriate
authorities.
(b) The voted ballots, election returns, poll list, tally
lists for manually counted votes, and other election records shall
be delivered to the authorities who receive the corresponding
records from precinct polling places using regular paper ballots.
(c) The election records delivered to the general custodian
of election records may be delivered in any container approved by
the secretary of state for that purpose.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 22, eff. Sept. 1, 1987.
SUBCHAPTER F. PROCESSING RESULTS IN SYSTEM WITHOUT CENTRALIZED
COUNTING
§ 127.151. APPLICABILITY OF SUBCHAPTER; PROCEDURES
PRESCRIBED BY SECRETARY OF STATE. (a) This subchapter applies to
the processing of election results in electronic voting systems
that do not entail the counting of ballots at central locations
established under Subchapter A.
(b) An electronic voting system used under this subchapter
must require voters to deposit the ballots directly into a unit of
automatic tabulating equipment. The tabulating equipment shall be
programmed to return an irregularly marked ballot to the voter.
(c) The secretary of state shall prescribe any necessary
procedures, in addition to those prescribed by this subchapter, for
processing the election results.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 8, eff. Sept. 1, 1987; Acts
2001, 77th Leg., ch. 1054, § 9, eff. Sept. 1, 2001.
§ 127.152. TEST OF TABULATING EQUIPMENT
REQUIRED. (a) Each unit of automatic tabulating equipment shall
be tested, using all applicable ballot formats, in accordance with
the testing procedures prescribed by Subchapter D to the extent
those procedures can be made applicable.
(b) The general custodian of election records shall conduct
the first test. The presiding election judge shall conduct the
second and third tests at the polling place. If the second and
third tests are not conducted in accordance with this subsection,
the automatic tabulating equipment shall be used to count the
ballots at a central location in accordance with Subchapter A
unless the secretary of state determines that a particular test at
the polling place is not feasible for the automatic tabulating
equipment.
(c) The general custodian of election records shall
preserve the test materials for at least one year after election day
or for at least 22 months after election day for an election
involving a federal office.
Added by Acts 1987, 70th Leg., ch. 484, § 8, eff. Sept. 1, 1987.
§ 127.153. TEST REPEATED IF EQUIPMENT MALFUNCTIONS. If
the tabulating of ballots must be restarted because of an equipment
or system malfunction or any other reason, the tests required by
Section 127.152 shall be repeated.
Added by Acts 1987, 70th Leg., ch. 484, § 8, eff. Sept. 1, 1987.
§ 127.154. IDENTIFICATION NUMBERS REQUIRED FOR
EQUIPMENT. (a) Each unit of automatic tabulating equipment must
have a permanent identification number. Each part of that
equipment that contains the ballot tabulation must also have a
permanent identification number.
(b) Each of the identification numbers shall be recorded on
the appropriate ballot and seal certificate.
(c) A ballot tabulation produced by automatic tabulating
equipment that does not comply with Subsection (a) may not be used.
Added by Acts 1987, 70th Leg., ch. 484, § 8, eff. Sept. 1, 1987.
§ 127.155. PRESIDING JUDGE TO SIGN TAPE. (a) The
presiding judge shall sign any tape containing the ballot
tabulation that is produced by the automatic tabulating equipment.
(b) The presiding judge shall retain a copy of the tape.
Added by Acts 1987, 70th Leg., ch. 484, § 8, eff. Sept. 1, 1987.
§ 127.156. TABULATION AT CENTRAL COUNTING STATION IF
DISCREPANCY EXISTS IN BALLOT TOTALS. If a discrepancy of more than
three exists between the number of ballots recorded on the ballot
and seal certificate and the number of ballots cast on the tape
containing the ballot tabulation that is produced by the automatic
tabulating equipment, the official tabulation of those ballots
shall be conducted at a central counting station.
Added by Acts 1987, 70th Leg., ch. 484, § 8, eff. Sept. 1, 1987.
§ 127.157. PROCESSING IRREGULARLY MARKED
BALLOTS. (a) This section applies only to a voting system that
allows voters to deposit the ballots directly into a unit of
automatic tabulating equipment.
(b) While the polls are open or as soon as practicable after
the polls close, the counted ballots shall be removed from the
ballot box and examined for irregularly marked ballots. The ballot
box may not be opened for the purpose of examining the ballots
unless there are at least 10 ballots in the box.
(c) If an election officer determines that two or more
ballots were improperly tabulated because of irregular marks, the
irregularly marked ballots shall be separated from the ballots that
were marked properly, and all of the ballots shall be delivered to a
central counting station.
(d) At the central counting station, the irregularly marked
ballots shall be duplicated, and the ballots shall be processed in
accordance with Section 127.126. The duplicate ballots shall be
automatically counted with the remainder of the ballots at the
central counting station. The tabulation conducted at the central
counting station is considered to be the official tabulation for
those ballots.
(e) If only one ballot has been improperly tabulated because
of an irregular mark, the ballot shall be placed in an envelope as
prescribed by the secretary of state. The envelope must include the
irregularly marked ballot and a form that identifies the nature and
date of the election, ballot serial number, and applicable offices.
The envelope shall be delivered to a central counting station. At
the central counting station, the ballot shall be examined and
adjustments shall be made to the totals certified by the election
judge to indicate the intent of the voter. The election results for
the affected precinct shall be manually entered into the election
processing system, but the original election returns may not be
altered. The envelope containing the ballot and form shall be
placed in the ballot box with the regular voted ballots and shall be
preserved with those ballots for the same period.
Added by Acts 1991, 72nd Leg., ch. 632, § 1, eff. Sept. 1, 1991.
SUBCHAPTER G. PRESERVATION OF PUNCH-CARD VOTING AIDS
§ 127.181. SECURITY PERIOD FOR PRESERVING VOTING
DEVICE. (a) The custodian shall preserve each voting device used
in an election in its secured condition for the same period
following the election as prescribed by Section 126.031 for
securing a voting machine.
(b) The security period may be extended as provided by
Sections 126.032 and 126.033 for extending the voting machine
security period, with appropriate changes, except that the period
may not be extended in connection with a recount.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.182. PRESERVATION OF PUNCH-CARD BALLOT LABEL AND
ASSEMBLY. (a) The ballot label assembly for a voting device,
including the punch-card ballot label, shall be preserved intact in
the voting device during the period that the voting device is
secured following an election. After that period expires, the
assembly may be detached from the device.
(b) If the ballot label assembly is detached from the voting
device before the period for preserving the precinct election
records expires, the custodian of the voting device shall deliver
the assembly to the general custodian of election records. The
general custodian shall preserve the punch-card ballot label intact
in the ballot label assembly for the period for preserving the
precinct election records. After that period expires, the ballot
label may be separated from the assembly.
(c) The ballot label may be discarded or destroyed after the
security period expires or after the period for preserving the
precinct election records expires, whichever is later.
(d) The secretary of state shall prescribe the elements
constituting the ballot label assembly to be preserved under this
section for each of the different kinds of voting devices approved
for use in elections.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 127.183. EXAMINATION OF SECURED VOTING
DEVICE. During the period a voting device is secured following an
election, the device may be examined only as authorized by Section
126.035 for examination of secured voting machines.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
SUBCHAPTER H. ADDITIONAL COUNT OF ELECTRONIC VOTING SYSTEM BALLOTS
§ 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM
BALLOTS BY GENERAL CUSTODIAN. (a) To ensure the accuracy of the
tabulation of electronic voting system results, the general
custodian of election records shall conduct a manual count of all
the races in at least one percent of the election precincts or in
three precincts, whichever is greater, in which the electronic
voting system was used. The custodian shall select the precincts at
random and shall begin the count not later than 72 hours after the
polls close. The count shall be completed not later than the 21st
day after election day. Subsection (b) supersedes this subsection
to the extent of a conflict.
(b) In a general election for state and county officers,
primary election, or election on a proposed amendment to the state
constitution or other statewide measure submitted by the
legislature, the secretary of state shall select, in accordance
with rules adopted by the secretary, the precincts to be counted
under Subsection (a). The secretary shall designate not more than
three offices and not more than three propositions to be counted in
the selected precincts. The secretary shall notify the general
custodian of election records of the precincts, offices, and
propositions selected under this subsection not earlier than the
day after election day.
(c) On selection or notification, as applicable, of the
precincts to be counted, the general custodian of election records
shall post in the custodian's office a notice of the date, hour, and
place of the count.
(d) Each candidate in the election is entitled to be present
at the count and is entitled to have a representative present. A
representative must deliver a certificate of appointment to the
general custodian at the time the representative reports for
service. The certificate must be in writing and must include:
(1) the printed name and signature of the
representative;
(2) the election subject to the count; and
(3) the printed name and signature of the candidate
making the appointment.
(e) Not later than the third day after the date the count is
completed, the general custodian of election records shall deliver
a written report of the results of the count to the secretary of
state.
(f) The secretary of state at any time may waive or
reinstate the requirements of this section for a particular
political subdivision.
Added by Acts 1987, 70th Leg., ch. 484, § 9, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 728, § 53, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1349, § 49, eff. Sept. 1, 1997.
§ 127.202. COUNT OF ELECTRONIC VOTING SYSTEM BALLOTS BY
SECRETARY OF STATE. (a) To ensure the accuracy of the tabulation
of electronic voting system results, the secretary of state or the
secretary's designee may conduct a manual or automatic count of any
portion of any number of ballots from any precinct in which the
electronic voting system was used.
(b) The count may be conducted at any time during the period
for preserving the applicable precinct election records.
(c) The general custodian of election records is entitled to
be present at the count.
Added by Acts 1987, 70th Leg., ch. 484, § 9, eff. Sept. 1, 1987.
