CHAPTER 51. ELECTION SUPPLIES - Texas Statutes

ELECTION CODE

TITLE 5. ELECTION SUPPLIES

CHAPTER 51. ELECTION SUPPLIES

SUBCHAPTER A. PROCURING, ALLOCATING, AND DISTRIBUTING ELECTION

SUPPLIES

Sec. 51.001. ELECTION SUPPLIES. In this chapter, "election

supplies" means the equipment, ballots, forms, lists of

registered voters, and other materials necessary to conduct an

election.

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

Sec. 51.002. COUNTY ELECTION BOARD. (a) A county election

board is established in each county for the general election for

state and county officers, a special election for an officer

regularly elected at the general election, and any other election

ordered by a county authority or held at county expense.

(b) For the general election for state and county officers and

for a special election for an officer regularly elected at the

general election, the county election board consists of the

county judge, county clerk, voter registrar, sheriff, and county

chair of each political party required to nominate candidates by

primary election. For other elections, the board consists of the

county judge, county clerk, voter registrar, and sheriff.

(c) The county clerk is the chair of the county election board.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 44, eff. Sept. 1, 1997.

Sec. 51.003. PROCURING AND ALLOCATING SUPPLIES. Except as

otherwise provided by law, the following authority shall procure

the election supplies necessary to conduct an election and shall

determine the quantity of the various types of supplies to be

provided to each precinct polling place and early voting polling

place:

(1) for an election ordered by the governor or a county

authority, the county clerk, subject to the approval of the

county election board;

(2) for a primary election, the county chair of the political

party holding the primary, subject to the approval of the party's

county executive committee;

(3) for an election ordered by a city authority, the city

secretary; and

(4) for an election ordered by an authority of a political

subdivision other than a county or city, the secretary of the

subdivision's governing body or, if the governing body has no

secretary, the governing body's presiding officer.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.45; Acts 1991, 72nd

Leg., ch. 554, Sec. 16, eff. Sept. 1, 1991; Acts 1997, 75th Leg.,

ch. 864, Sec. 45, eff. Sept. 1, 1997.

Sec. 51.004. DISTRIBUTING SUPPLIES. (a) Except as otherwise

provided by law, the authority responsible for procuring the

election supplies for an election shall distribute the supplies

for the election.

(b) The appropriate supplies shall be distributed to each

presiding election judge not later than one hour before the polls

are required to be open for voting and to the early voting clerk

before the beginning of early voting.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.46; Acts 1991, 72nd

Leg., ch. 554, Sec. 17, eff. Sept. 1, 1991.

Sec. 51.005. NUMBER OF BALLOTS. (a) The authority responsible

for procuring the election supplies for an election shall provide

for each election precinct a number of ballots equal to at least

the percentage of voters who voted in that precinct in the most

recent corresponding election plus 25 percent of that number,

except that the number of ballots provided may not exceed the

total number of registered voters in the precinct.

(b) In computing a number of registered voters under this

section, voters whose names appear on the list of registered

voters with the notation "S", or a similar notation, shall be

excluded.

(c) The secretary of state shall prescribe procedures for

determining the number of provisional ballots to be provided.

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

by Acts 1995, 74th Leg., ch. 797, Sec. 37, eff. Sept. 1, 1995;

Acts 1997, 75th Leg., ch. 1078, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.12, eff. September 1, 2005.

Sec. 51.006. PREPARING BALLOTS FOR DISTRIBUTION. The authority

responsible for distributing election supplies shall package and

seal each set of ballots before their distribution and shall mark

the package with the number of ballots enclosed and the range of

the ballot serial numbers. If the authority is the early voting

clerk, the ballots allocated for early voting need not be

packaged and sealed.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.47; Acts 1991, 72nd

Leg., ch. 554, Sec. 18, eff. Sept. 1, 1991.

Sec. 51.007. RECORD OF BALLOT DISTRIBUTION. (a) As soon as

practicable after the ballots are packaged for distribution, the

authority responsible for distributing election supplies shall

prepare a record of the number of ballots and the range of serial

numbers on the ballots to be distributed to each presiding judge

and the early voting clerk.

(b) The authority shall preserve the record for the period for

preserving the precinct election records.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.48; Acts 1991, 72nd

Leg., ch. 554, Sec. 19, eff. Sept. 1, 1991.

Sec. 51.008. SUPPLEMENTING DISTRIBUTED BALLOTS. (a) The

authority responsible for distributing election supplies shall

retain a reserve of ballots to supplement the distributed ballots

and on election day may reallocate previously distributed ballots

among the polling places.

(b) The authority shall enter on the record of ballot

distribution the number of ballots reserved and the number of

ballots distributed from the reserve to each polling place. The

range of serial numbers on the ballots shall be included in the

record.

(c) If distributed ballots are reallocated, the authority shall

indicate the reallocation on the record of ballot distribution

and shall issue a receipt to each presiding election judge

showing the number of ballots and the range of serial numbers on

the ballots taken from the judge's polling place for

redistribution. Each presiding judge shall indicate on the ballot

register any reallocation of ballots affecting that polling

place.

(d) The authority shall retain the undistributed reserve for the

period for preserving the precinct election records.

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

Sec. 51.009. SHERIFF TO DELIVER SUPPLIES. (a) The sheriff

shall deliver the election supplies that a county clerk is

responsible for distributing, on request of the clerk, to each

presiding judge who has not obtained them from the clerk.

(b) This section does not require the sheriff to deliver an item

that cannot be transported in a regular passenger vehicle.

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

Sec. 51.010. FAILURE TO DISTRIBUTE OR DELIVER SUPPLIES. (a) A

person commits an offense if the person is responsible for

distributing election supplies for an election and intentionally

fails to distribute any of the supplies by the deadline

prescribed by Section 51.004(b).

(b) A person commits an offense if the person is entrusted with

the delivery of election supplies for use at polling places and

intentionally fails to deliver any of the supplies within the

time specified by the person who entrusted the delivery to the

person.

(c) An offense under this section is a Class C misdemeanor.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 46, eff. Sept. 1, 1997.

Sec. 51.011. OBSTRUCTING DISTRIBUTION OF SUPPLIES. (a) A

person commits an offense if the person intentionally obstructs

the distribution of election supplies for an election.

(b) An offense under this section is a Class C misdemeanor.

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

Sec. 51.013. IDENTIFICATION OF PRINTERS FOR PRIMARY ELECTION OR

GENERAL ELECTION FOR STATE AND COUNTY OFFICERS. (a) Each person

who prints ballots or other election supplies for a primary

election or the general election for state and county officers

shall file a statement with the secretary of state as provided by

this section.

(b) The statement must be filed not later than the 60th day

before the date of the applicable election.

(c) The statement must include:

(1) the name, business address, and business telephone number of

the printer;

(2) the name and telephone number of any agent or employee of

the printer who is designated to receive inquiries or issue

information about the printing of ballots or other election

supplies; and

(3) the name and address of each client for whom the ballots or

other supplies are printed, the voting methods for which the

materials are printed for the client, and a description of the

materials printed for the client.

(d) The secretary of state shall prescribe the form for the

statement required by this section.

Added by Acts 1987, 70th Leg., ch. 472, Sec. 10, eff. Sept. 1,

1987.

SUBCHAPTER B. ELECTION EQUIPMENT

Sec. 51.031. APPROVAL OF BALLOT AND VOTING BOOTHS. (a) Except

as otherwise provided by this subchapter, the secretary of state

must approve the composition and design of ballot boxes and

voting booths before the equipment may be used in elections.

(b) A person desiring approval of a ballot box or a voting booth

for use in this state must submit a written request for approval

to the secretary of state.

(c) After examining the specifications or a model of a ballot

box or voting booth submitted for approval, the secretary of

state by written order shall approve the equipment for use in

elections if the secretary determines that the equipment's

composition and design are suitable for the intended use.

(d) The secretary of state shall attach the approval order to

the approval request and retain it permanently on file.

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

Sec. 51.032. VOTING BOOTHS. (a) Voting booths that provide

privacy for voters while marking their ballots shall be provided

at each polling place.

(b) The entrance of the voting booth may be open or it may have

a door or curtain that a voter may close while occupying the

booth.

(c) A voting booth may be used without approval of the secretary

of state if the booth complies with the standards prescribed by

the secretary of state or if the booth:

(1) is rectangular, with at least three sides of opaque material

beginning not more than three feet from the floor and extending

to a height of at least six feet from the floor;

(2) has inside dimensions at least 22 inches wide and 30 inches

deep; and

(3) has a shelf for writing.

(d) The voting booth standards prescribed by the secretary of

state must assure that privacy for voters while marking their

ballots is provided and that the voting booth's composition and

design are suitable for the intended use.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 11, eff. Sept. 1, 1987.

Sec. 51.033. NUMBER AND USE OF BALLOT BOXES. (a) Four ballot

boxes shall be used at each polling place in an election and

shall be marked as follows:

(1) "Ballot Box No. 1 for Election Precinct No. ________";

(2) "Ballot Box No. 2 for Election Precinct No. ________";

(3) "Ballot Box No. 3 for Election Precinct No. ________"; and

(4) "Ballot Box No. 4 for Election Precinct No. ________".

(b) If an election precinct is designated by name instead of

number, the name of the precinct shall be marked on the box.

(c) Ballot boxes no. 1 and no. 2 are used for the deposit of

voters' marked ballots.

(d) Ballot box no. 3 is used for delivering the voted ballots to

their custodian after they are counted and for storing the voted

ballots during the preservation period.

(e) Ballot box no. 4 is used for delivering defectively printed,

spoiled, and unused ballots to their custodian after the

election.

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

Sec. 51.034. SPECIFICATIONS FOR BALLOT BOXES. (a) Each ballot

box must be made of a sturdy material and suitably designed for

its intended use. Each box must have a lock and key.

(b) Ballot boxes no. 1 and no. 2 must each have a slot in the

top just large enough to receive a ballot. Ballot boxes no. 3 and

no. 4 are not required to have a slot, but if a slot is provided,

it may not be larger than that prescribed for boxes no. 1 and no.

2.

(c) A ballot box may be used without approval of the secretary

of state if the box:

(1) is an enclosed, opaque container made of metal, wood, or

other material;

(2) is equipped with a hinged top, hasp, and padlock; and

(3) complies with Subsection (b).

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

Sec. 51.035. USE OF COUNTY-OWNED EQUIPMENT FOR PRIMARY ELECTION.

(a) On request of the county chair of a political party holding

a primary election, the county clerk shall furnish available

county-owned ballot boxes and voting booths to the party for use

in its primary election.

(b) If there is not enough county-owned equipment to satisfy the

requests made under Subsection (a), the commissioners court shall

allocate the equipment among the political parties requesting it.

(c) A fee may not be charged for use of equipment furnished

under this section, but the political party shall reimburse the

county for the actual expenses incurred by the county in

transporting the equipment to and from the polling places if the

county provides that service.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 47, eff. Sept. 1, 1997.

Sec. 51.036. CUSTODIAN OF EQUIPMENT. Except as otherwise

provided by this code, the authority responsible for distributing

election supplies for an election ordered by an authority of a

political subdivision is the custodian of the election equipment

owned by the political subdivision.

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