ELECTION CODE
CHAPTER 65. COUNTING VOTES AND PREPARING RETURNS
SUBCHAPTER A. COUNTING VOTES GENERALLY
§ 65.001. COUNTING OFFICERS. At each polling place, the
ballots shall be counted by one or more teams of election officers
assigned by the presiding judge. Each team must consist of two or
more election officers.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 65.002. TIME FOR COUNTING. (a) Subject to Subsection
(b), the presiding judge may direct the counting of ballots to occur
at any time after the polls have been open for one hour.
(b) While the polls are open and until voting is concluded
after the polls close, the ballot box for the deposit of voters'
marked ballots may not be opened for the purpose of counting the
ballots unless there are at least 10 ballots in the box.
(c) After the polls close or the last voter has voted,
whichever is later, the counting of ballots shall be conducted
continuously until all the ballots are counted.
(d) This section does not apply to a local option election
under the Alcoholic Beverage Code.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 65.003. ROTATING BALLOT BOXES NO. 1 AND NO. 2. (a) If
the counting of the ballots is to begin before voting is concluded,
ballot box no. 1 and ballot box no. 2 shall be used on a rotating
basis at the polling place.
(b) When either ballot box no. 1 or no. 2 containing marked
ballots is delivered to the election officers counting the ballots,
the other box shall be immediately made available for the deposit of
marked ballots.
(c) Before the ballot box is positioned for the receipt of
marked ballots, an election officer shall examine it, remove its
contents, and lock the box.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 65.004. TALLY LISTS. Three original tally lists shall
be maintained at the polling place to record the number of votes
received for the candidates and for and against the measures voted
on.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 65.005. TALLYING THE VOTES. (a) One member of the
counting team shall examine each ballot and clearly announce the
name of each candidate for whom a vote has been received or whether
a vote has been received for or against a measure. The other
members of the counting team shall record the votes on the tally
lists as they are announced.
(b) The counting team shall compare the tally lists
periodically to determine whether discrepancies exist among them.
If a discrepancy is discovered, the ballots shall be recounted and
the necessary corrections shall be made on the lists.
(c) On completing the count, each member of the counting
team assigned to tally votes shall compute the total number of votes
tallied on the list the member has kept and enter the totals on the
tally list. After verifying that the three lists are in agreement,
each counting officer shall sign the list that the officer has kept.
(d) Repealed by Acts 2003, 78th Leg., ch. 1315, § 57(a).
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1078, § 12, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1315, § 57(a), eff. Jan. 1, 2004.
§ 65.006. REPLACING MEMBER OF COUNTING TEAM. (a) A
member of a counting team may not be replaced after vote tallying is
begun unless each existing discrepancy among the three tally lists
is corrected before the replacement is made.
(b) If a counting officer is replaced on a counting team
after the tallying is begun, the officer to be replaced shall
certify the accuracy of the list the officer has kept, as of the
time of the replacement, by signing the list at that time.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 65.007. TALLYING STRAIGHT-PARTY VOTES. (a) In an
election in which a single square is provided on the ballot for
casting a straight-party vote, the tally lists shall contain spaces
for tallying those votes.
(b) Except as provided by Subsection (c) or (d), each
straight-party vote shall be tallied for the party receiving the
vote instead of being tallied for the individual candidates of the
party. The total number of straight-party votes tallied for each
party shall be added to the total votes received for each of the
party nominees individually.
(c) If a ballot indicates a straight-party vote and a vote
for an opponent of one or more of that party's nominees, a vote
shall be counted for the opponent and for each of the party's other
nominees whether or not any of those nominees have received
individual votes.
(d) If a ballot indicates straight-party votes for more than
one party, those votes may not be tallied and a vote shall be
counted for each candidate receiving an individual vote if no other
individual votes are received in that race. If no candidate
receives an individual vote, the portion of the ballot for offices
may not be counted.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 17, eff. Sept. 1, 1993.
§ 65.008. TALLYING WRITE-IN VOTES. (a) In an election in
which write-in voting is permitted, the name of a write-in
candidate shall be entered on the tally list and votes for that
candidate shall be tallied in the same manner as votes for a
candidate whose name appears on the ballot.
(b) A write-in vote may not be counted if a sticker
containing a candidate's name is affixed to the ballot by the voter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 65.009. COUNTING IRREGULARLY MARKED BALLOT. (a)
Failure to mark a ballot in strict conformity with this code does
not invalidate the ballot.
(b) Marking the ballot by marking through the names of
candidates for whom or the statements beside the propositions for
which the voter does not desire to vote does not invalidate the
ballot.
(c) A vote on an office or measure shall be counted if the
voter's intent is clearly ascertainable unless other law prohibits
counting the vote.
(d) The intent of the voter in marking a ballot may be
determined by:
(1) a distinguishing mark adjacent to the name of a
candidate or political party or a voting choice associated with a
proposition;
(2) an oval, box, or similar marking clearly drawn
around the name of a candidate or political party or a voting choice
associated with a proposition;
(3) a line drawn through:
(A) the names of all candidates in a manner that
indicates a preference for the candidates not marked if the names of
the candidates not marked do not exceed the number of persons that
may be elected to that office;
(B) the name of each political party except one
in a manner that clearly indicates a preference for the political
party not marked; or
(C) a voting choice associated with a proposition
in a manner that clearly indicates a preference for the other voting
choice associated with the proposition; or
(4) any other evidence that clearly indicates the
intent of the voter in choosing a candidate or political party or
deciding on a proposition.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2003, 78th Leg., ch. 1315, § 33, eff. Jan. 1, 2004.
§ 65.010. BALLOTS NOT COUNTED. (a) The following ballots
may not be counted:
(1) a ballot that is not provided to the voter at the
polling place;
(2) two or more ballots that are folded together in a
manner indicating that they were folded together when deposited in
the ballot box;
(3) a write-in envelope containing a write-in vote
without an attached ballot;
(4) a ballot that has not been deposited in the ballot
box used for the deposit of marked ballots; or
(5) a provisional ballot that is not accepted under
Subchapter B.
(b) If a ballot is unnumbered or the signature of the
presiding judge does not appear on the back of a ballot, the
presiding judge shall examine it to determine whether the ballot is
not to be counted under Subsection (a)(1).
(c) If a ballot is not counted, an election officer shall
indicate on the back of the ballot the reason for not counting it.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 18, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 1078, § 13, eff. Sept. 1, 1997; Acts 2003,
78th Leg., ch. 1315, § 34, eff. Jan. 1, 2004.
§ 65.011. OVERVOTING. Except as provided by Section
65.007(c) or (d), if a voter marks the ballot for more candidates
for an office than the number of persons to be elected for that
office, none of the votes may be counted for that office.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 19, eff. Sept. 1, 1993.
§ 65.012. DEPOSITING BALLOT IN BALLOT BOX NO. 3. (a)
After a ballot is counted, it shall be deposited in ballot box no.
3.
(b) A voted ballot that is not counted shall also be
deposited in ballot box no. 3.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 65.013. BALLOT REGISTER. (a) Each presiding judge
shall prepare a ballot register as provided by this section.
(b) The register must state:
(1) the total number of ballots received for
conducting voting at the polling place;
(2) the number of defectively printed ballots
received;
(3) the number of ballots provided to voters as
indicated by the number of voters on the poll list;
(4) the number of spoiled ballots returned by voters;
and
(5) the number of unused ballots that are not
accounted for as defectively printed ballots.
(c) The ballot register shall be prepared as an original and
one copy, and on completing the register, the presiding judge shall
sign each one to certify its accuracy.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 65.014. PREPARING THE PRECINCT RETURNS. (a) On
completion of the vote count, the presiding judge shall prepare the
returns of the election for the precinct.
(b) The returns must state:
(1) the total number of voters who voted at the polling
place as indicated by the poll list; and
(2) the total number of votes counted for each
candidate and for and against each measure.
(c) The returns shall be prepared as an original and three
copies, and on completing the returns, the presiding judge shall
sign each one to certify its accuracy.
(d) A presiding judge commits an offense if the judge
knowingly fails:
(1) to include in the precinct returns the applicable
information required by this code; or
(2) to complete the returns in time for them to be
delivered by the deadline prescribed by Section 66.053(c) for
delivery of the precinct election records.
(e) An offense under Subsection (d) is a Class B
misdemeanor.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 65.015. ANNOUNCING PARTIAL RESULTS. (a) Subject to
Subsection (b), after the polls close and the last voter has voted,
the presiding judge may announce the status of the vote count from
time to time.
(b) The local canvassing authority may require the
announcements or prohibit them.
(c) The announcements shall be made at the entrance to the
polling place.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
SUBCHAPTER B. VERIFICATION AND COUNTING OF PROVISIONAL BALLOTS
§ 65.051. DUTY OF EARLY VOTING BALLOT BOARD. (a) The
early voting ballot board shall verify and count provisional
ballots as provided by this subchapter not later than the seventh
day after the date of an election.
(b) Except as provided by this subchapter, the conduct of
the board is governed by the same procedures as are provided by
Chapter 87.
Added by Acts 2003, 78th Leg., ch. 1315, § 35, eff. Jan. 1, 2004.
§ 65.052. DUTY OF VOTER REGISTRAR. The secretary of
state shall prescribe procedures by which the voter registrar of
the county in which a provisional ballot is cast shall provide
assistance to the early voting ballot board in executing its
authority under this subchapter.
Added by Acts 2003, 78th Leg., ch. 1315, § 35, eff. Jan. 1, 2004.
§ 65.053. DELIVERY OF PROVISIONAL BALLOTS. The presiding
judge of an election precinct shall deliver in person to the general
custodian of election records the box containing each envelope
containing a provisional ballot that was cast in the precinct. The
secretary of state shall prescribe procedures by which the early
voting ballot board may have access to the provisional ballots as
necessary to implement this subchapter.
Added by Acts 2003, 78th Leg., ch. 1315, § 35, eff. Jan. 1, 2004.
§ 65.054. ACCEPTING PROVISIONAL BALLOT. (a) The early
voting ballot board shall examine each affidavit executed under
Section 63.011 and determine whether to accept the provisional
ballot of the voter who executed the affidavit.
(b) A provisional ballot may be accepted only if the board
determines that, from the information in the affidavit or contained
in public records, the person is eligible to vote in the election.
(c) If a provisional ballot is accepted, the board shall
enter the voter's name on a list of voters whose provisional ballots
are accepted.
(d) If a provisional ballot is rejected, the board shall
indicate the rejection by marking "rejected" on the envelope
containing the provisional ballot.
Added by Acts 2003, 78th Leg., ch. 1315, § 35, eff. Jan. 1, 2004.
§ 65.055. DISPOSITION OF ACCEPTED PROVISIONAL BALLOT AND
AFFIDAVIT. (a) The early voting ballot board shall open each
envelope containing an accepted provisional ballot without
defacing the affidavit located on the outside of the envelope and
shall remove the ballot.
(b) The board shall place the ballot in a ballot box
containing all the provisional ballots accepted for voting in the
election.
(c) For each accepted provisional ballot, the board shall
place the corresponding envelope on which is printed the voter's
affidavit executed under Section 63.011 in a sealed envelope and
shall deliver the envelope to the general custodian of election
records, to be retained for the period for preserving precinct
election returns.
Added by Acts 2003, 78th Leg., ch. 1315, § 35, eff. Jan. 1, 2004.
§ 65.056. DISPOSITION OF REJECTED PROVISIONAL
BALLOT. (a) If the affidavit on the envelope of a rejected
provisional ballot contains the information necessary to enable the
person to register to vote under Chapter 13, the voter registrar
shall make a copy of the affidavit under procedures prescribed by
the secretary of state. The voter registrar shall treat the copy as
an application for registration under Chapter 13.
(b) The early voting ballot board shall place the envelopes
containing rejected provisional ballots in an envelope and shall
seal the envelope. More than one envelope may be used if necessary.
(c) The envelope for the rejected provisional ballots must
indicate the date and identity of the election, be labeled
"rejected provisional ballots," and be signed by the board's
presiding judge.
(d) A board member shall deliver the envelope containing the
rejected provisional 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 accepted provisional ballots.
Added by Acts 2003, 78th Leg., ch. 1315, § 35, eff. Jan. 1, 2004.
§ 65.057. PROCESSING ACCEPTED PROVISIONAL BALLOTS. (a)
The early voting ballot board shall count accepted provisional
ballots as follows:
(1) for ballots to be counted manually, in the manner
provided by Subchapter D, Chapter 87;
(2) for ballots to be counted by automatic tabulating
equipment at a central counting station, in the manner provided by
Subchapter F, Chapter 87; and
(3) for ballots to be counted by any other means, in
the manner provided by rules adopted by the secretary of state.
(b) On counting the ballots under this section, the board
shall report the results to the local canvassing authority for the
election.
Added by Acts 2003, 78th Leg., ch. 1315, § 35, eff. Jan. 1, 2004.
§ 65.058. PRESERVATION OF PROVISIONAL VOTING RECORDS
GENERALLY. The returns of provisional ballots that are accepted,
the accepted ballots, and other provisional voting records shall be
preserved after the election in the same manner as the
corresponding precinct election returns.
Added by Acts 2003, 78th Leg., ch. 1315, § 35, eff. Jan. 1, 2004.
§ 65.059. NOTICE TO PROVISIONAL VOTER. The secretary of
state shall prescribe procedures to implement a system to allow a
person who casts a provisional ballot under Section 63.011 to
obtain access free of charge to information on the disposition of
the person's ballot. The system:
(1) must allow the person to determine whether the
person's ballot was counted, and, if the person's ballot was not
accepted, must indicate the reason why;
(2) must provide the information only to the person
who cast the provisional ballot; and
(3) may involve the use of a toll-free telephone
number or the Internet.
Added by Acts 2003, 78th Leg., ch. 1315, § 35, eff. Jan. 1, 2004.
§ 65.060. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S
LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT
AFFIDAVIT. A social security number, Texas driver's license
number, or number of a personal identification card issued by the
Department of Public Safety furnished on a provisional ballot
affidavit is confidential and does not constitute public
information for purposes of Chapter 552, Government Code. The
general custodian of election records shall ensure that a social
security number, Texas driver's license number, or number of a
personal identification card issued by the Department of Public
Safety is excluded from disclosure.
Added by Acts 2005, 79th Leg., ch. 1107, § 1.13, eff. Sept. 1,
2005.
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