CHAPTER 43. POLLING PLACES - Texas Statutes

ELECTION CODE

TITLE 4. TIME AND PLACE OF ELECTIONS

CHAPTER 43. POLLING PLACES

SUBCHAPTER A. NUMBER AND LOCATION OF POLLING PLACES

Sec. 43.001. ONE POLLING PLACE IN EACH PRECINCT. Each election

precinct established for an election shall be served by a single

polling place located within the boundary of the precinct.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 43.002. DESIGNATION OF LOCATION: GENERAL OR SPECIAL

ELECTION USING COUNTY PRECINCTS. (a) For a general or special

election in which the use of county election precincts is

required, the county clerk shall recommend the location of the

polling place for each county election precinct, except as

provided by Subsection (b). The commissioners court shall

designate the recommended location as the polling place unless

the court finds good cause to reject the recommendation. In that

case, the commissioners court shall designate another location.

(b) If county election precincts are consolidated, the

commissioners court shall designate the location of the polling

place for the consolidated precinct.

(c) In making a designation under this section, the

commissioners court of a county with a population of more than

175,000 may not designate a location as a polling place that

would require a voter in the precinct to travel more than 25

miles from the voter's residence to the polling place.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by:

Acts 2005, 79th Leg., Ch.

742, Sec. 3, eff. September 1, 2005.

Sec. 43.003. DESIGNATION OF LOCATION: PRIMARY ELECTION. The

county chair of a political party holding a primary election

shall designate the location of the polling place for each

election precinct in the primary unless the precinct is one that

is consolidated. In that case, the county executive committee

shall designate the location.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 43, eff. Sept. 1, 1997.

Sec. 43.004. DESIGNATION OF LOCATION: ELECTIONS OF OTHER

POLITICAL SUBDIVISIONS. (a) The governing body of each

political subdivision authorized to hold elections, other than a

county, shall designate the location of the polling place for

each of its election precincts.

(b) If a political subdivision holds an election on the November

uniform election date and is required to use the regular county

election precincts, the political subdivision shall designate as

the polling places for the election the regular county polling

places in the county election precincts that contain territory

from the political subdivision.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by:

Acts 2005, 79th Leg., Ch.

1042, Sec. 3, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1261, Sec. 3, eff. September 1, 2007.

Sec. 43.005. DESIGNATION OF LOCATION: CERTAIN SPECIAL ELECTIONS.

The authority establishing election precincts under Section

42.062 shall designate the location of the polling place for each

precinct.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 43.006. CONFLICTS WITH OTHER LAW. A law outside this

subchapter supersedes this subchapter to the extent of any

conflict.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 43.007. COUNTYWIDE POLLING PLACE PROGRAM. (a) The

secretary of state shall implement a program to allow each

commissioners court participating in the program to eliminate

county election precinct polling places and establish countywide

polling places for:

(1) each general election for state and county officers;

(2) each countywide election held on the uniform election date

in May;

(3) each election on a proposed constitutional amendment; and

(4) each election of a political subdivision located in the

county that is held jointly with an election described by

Subdivision (1), (2), or (3).

(b) The commissioners court of a county that desires to

participate in the program authorized by this section shall hold

a public hearing on the county's participation in the program.

The commissioners court shall submit a transcript or electronic

recording of the public comments made at the hearing to the

secretary of state. A county that has previously participated in

a similar program and held a public hearing on the county's

participation in that program is not required to hold a hearing

under this subsection.

(c) In conducting the program, the secretary of state shall

provide for an audit of the direct recording electronic voting

units before and after the election, and during the election to

the extent such an audit is practicable.

(d) The secretary of state shall select to participate in the

program each county that:

(1) has held a public hearing under Subsection (b);

(2) has submitted documentation listing the steps taken to

solicit input on participating in the program by organizations or

persons who represent the interests of voters;

(3) has implemented a computerized voter registration list that

allows an election officer at the polling place to verify that a

voter has not previously voted in the election;

(4) uses direct recording electronic voting machines; and

(5) is determined by the secretary of state to have the

appropriate technological capabilities.

(e) Each countywide polling place must allow a voter to vote in

the same elections in which the voter would be entitled to vote

in the county election precinct in which the voter resides.

(f) In selecting countywide polling places, a county must adopt

a methodology for determining where each polling place will be

located. The total number of countywide polling places may not

be less than:

(1) except as provided by Subdivision (2), 50 percent of the

number of precinct polling places that would otherwise be located

in the county for that election; or

(2) for an election held in the first year in which the county

participates in the program, 65 percent of the number of precinct

polling places that would otherwise be located in the county for

that election.

(g) A county participating in the program must establish a plan

to provide notice informing voters of the changes made to the

locations of polling places under the program. The plan must

require that notice of the location of the nearest countywide

polling place be posted on election day at each polling place

used in the previous general election for state and county

officers that is not used as a countywide polling place.

(h) In adopting a methodology under Subsection (f) or creating

the plan under Subsection (g), the county shall solicit input

from organizations or persons located within the county who

represent minority voters.

(i) The secretary of state may only select to participate in the

program three counties with a population of 100,000 or more and

two counties with a population of less than 100,000.

(j) Not later than January 1 of each odd-numbered year, the

secretary of state shall file a report with the legislature. The

report must include any complaints or concerns regarding a

specific election that have been filed with the office of the

secretary of state before the preparation of the report and any

available information about voter turnout and waiting times at

the polling places. The report may include the secretary of

state's recommendations on the future use of countywide polling

places and suggestions for statutory amendment regarding the use

of countywide polling places.

Added by Acts 2009, 81st Leg., R.S., Ch.

606, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. BUILDING FOR USE AS POLLING PLACE

Sec. 43.031. POLLING PLACE IN PUBLIC BUILDING. (a) In this

subchapter, "public building" means a building owned or

controlled by the state or a political subdivision.

(b) Each polling place shall be located inside a building.

(c) The building selected for a polling place shall be a public

building if practicable. The entity that owns or controls a

public building shall make the building available for use as a

polling place in any election that covers territory in which the

building is located. If more than one authority requests the use

of the building for the same day and simultaneous use is

impracticable, the entity that owns or controls the building

shall determine which authority may use the building.

(d) If a suitable public building is unavailable, the polling

place may be located in some other building, including a building

on a federal military base or facility with the permission of the

post or base commander, and any charge for its use is an election

expense. A polling place may not be located in a building under

this subsection unless electioneering is permitted on the

building's premises outside the prescribed limits within which

electioneering is prohibited, except that a polling place may be

located in a building at which electioneering is not permitted if

it is the only building available for use as a polling place in

the election precinct.

(e) A polling place may not be located at the residence of a

person who is:

(1) a candidate for an elective office, including an office of a

political party; or

(2) related within the third degree by consanguinity or the

second degree by affinity, as determined under Chapter 573,

Government Code, to a candidate described by Subdivision (1).

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1989, 71st Leg., ch. 976, Sec. 1, eff. Sept. 1, 1989;

Acts 1997, 75th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1997; Acts

1999, 76th Leg., ch. 1316, Sec. 1, eff. Sept. 1, 1999; Acts 2003,

78th Leg., ch. 516, Sec. 1, June 20, 2003.

Sec. 43.032. BUILDING ACQUIRED BY COUNTY FOR POLLING PLACE. (a)

If a public building is unavailable for use as the polling place

for a county election precinct, the commissioners court may

purchase or construct a building in the precinct for that

purpose.

(b) The commissioners court may permit a building purchased or

constructed under Subsection (a) to be used with or without

charge for purposes other than as a polling place.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1989, 71st Leg., ch. 976, Sec. 1, eff. Sept. 1, 1989.

Sec. 43.033. CONSIDERATION FOR USE OF PUBLIC BUILDING AS POLLING

PLACE. (a) No charge, including a charge for personnel,

utilities, or other expenses incurred before or after regular

business hours, may be made for the use of a public building for

a polling place if the day of the election is a day on which the

building is normally open for business. If the day of the

election is a day on which the building is not normally open for

business, a charge may be made only for reimbursement for the

actual expenses resulting from use of the building in the

election.

(b) The reimbursing authority is entitled to an itemized

statement of expenses before making remittance.

(c) A person commits an offense if the person assesses a charge

for the use of a public building for a polling place in violation

of Subsection (a). An offense under this subsection is a Class C

misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 481, Sec. 1, eff. Sept. 1, 1987;

Acts 1989, 71st Leg., ch. 976, Sec. 2, eff. Sept. 1, 1989; Acts

1993, 73rd Leg., ch. 728, Sec. 12, eff. Sept. 1, 1993.

Sec. 43.034. ACCESSIBILITY OF POLLING PLACE TO THE ELDERLY AND

PERSONS WITH PHYSICAL DISABILITIES. (a) Each polling place

shall be accessible to and usable by the elderly and persons with

physical disabilities. To be considered accessible, a polling

place must meet the standards established under Article 9102,

Revised Statutes, including the following standards:

(1) the polling place must be on the ground-level floor or be

accessible from the ground-level floor by an elevator with doors

that provide an opening of at least 36 inches in width;

(2) doors, entrances, and exits used to enter or leave the

polling place must have a minimum width of 32 inches;

(3) any curb adjacent to the main entrance to a polling place

must have curb cuts or temporary nonslip ramps;

(4) any stairs necessary to enter or leave the polling place

must have a handrail on each side of the stairs and a nonslip

ramp; and

(5) the polling place may not have a barrier that impedes the

path of a person with physical disabilities to the voting

station.

(b) The commissioners court shall provide a polling place that

complies with Subsection (a) in each county election precinct.

The site shall be made available for use as a polling place on

every day that an election may be held within the precinct by any

authority that holds elections. The commissioners court may make

expenditures from either the general fund or the permanent

improvement fund to bring an existing county-owned site into

compliance with Subsection (a).

(c) The governing body of each political subdivision that holds

elections shall cooperate with the commissioners court in its

respective county in implementing this section and is subject to

the same requirements for compliance as prescribed by Subsection

(b). If the authority holding an election rejects a

county-designated polling place that is available and chooses to

use a different site of its own designation, it shall provide a

polling place that complies with Subsection (a) at its own

expense. A political party that is holding a primary election may

not reject an available county-designated polling place without

the prior consent of the secretary of state.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1993, 73rd Leg., ch. 622, Sec. 1, eff. Sept. 1, 1993;

Acts 1999, 76th Leg., ch. 809, Sec. 1, 2, eff. Sept. 1, 1999.

SUBCHAPTER C. INFORMATION REGARDING LOCATION OF POLLING PLACE

Sec. 43.061. NOTICE OF CHANGE OF LOCATION OF POLLING PLACE. (a)

This section applies only to a general or special election that

is ordered by the governor or the county judge.

(b) If the location of a polling place changes after notice of

an election is given under Section 4.003, the county clerk shall

give notice of the change not later than the earlier of:

(1) 24 hours after the location is changed; or

(2) 72 hours before the polls open on election day.

(c) Notice required by Subsection (b) must be given by:

(1) notifying each candidate whose name appears on the ballot in

the election or, in the case of an office filled by voters of

more than one county, notifying the county chair or, for an

independent candidate, the county judge of the county in which

the change occurs; or

(2) posting the notice in a listing used specifically to inform

the public of changes to the location of a polling place on any

Internet website that the county clerk maintains to provide

information on elections held in the county.

Added by Acts 2001, 77th Leg., ch. 802, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

709, Sec. 2(a), eff. September 1, 2005.

Sec. 43.062. NOTICE AT PREVIOUS POLLING PLACE. If the location

of the polling place for an election precinct is different from

the location used for the precinct in the preceding election

ordered by the same authority, the authority responsible for

giving notice of the election shall, if possible, post notice at

the entrance to the previous polling place stating that the

location has changed and providing the location of the new

polling place.

Added by Acts 2001, 77th Leg., ch. 802, Sec. 1, eff. Sept. 1,

2001.

Sec. 43.063. USE OF COMPUTERIZED INFORMATION. In an election in

which detailed poll location information is available at a

polling place through a computer, an election officer shall

provide that information to assist voters in determining the

correct polling place location for the voter's election precinct.

Added by Acts 2001, 77th Leg., ch. 802, Sec. 1, eff. Sept. 1,

2001.