CHAPTER 62. PRELIMINARY ARRANGEMENTS - Texas Statutes

ELECTION CODE

TITLE 6. CONDUCT OF ELECTIONS

CHAPTER 62. PRELIMINARY ARRANGEMENTS

Sec. 62.001. OFFICERS TO ASSEMBLE. (a) On election day, the

presiding judge and the election clerks the judge assigns to

assist with preparing the polling place shall meet at the polling

place in time to prepare it to receive the voters.

(b) If the polling place is left unattended at any time after

the preparations for voting begin, the presiding judge shall take

appropriate steps to provide for the security of the polling

place. This subsection does not affect the security requirements

for a polling place after the polls open.

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

by Acts 2001, 77th Leg., ch. 802, Sec. 2, eff. Sept. 1, 2001.

Sec. 62.002. TIME FOR COMPLETING ARRANGEMENTS. Except as

otherwise provided by this chapter, the arrangements prescribed

by this chapter shall be completed at a polling place before it

is opened for voting.

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

Sec. 62.003. OATH OF ELECTION OFFICERS. (a) The presiding

judge and the election clerks present at the polling place before

the polls open shall repeat the following oath aloud:

"I swear (or affirm) that I will not in any manner request or

seek to persuade or induce any voter to vote for or against any

candidate or measure to be voted on, and that I will faithfully

perform my duty as an officer of the election and guard the

purity of the election."

(b) A clerk who arrives after the oath is made shall repeat the

oath aloud before performing any duties as an election officer.

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

Sec. 62.004. ARRANGING VOTING STATIONS. The voting stations

shall be arranged so that:

(1) the voting area is in view of the election officers,

watchers, and persons waiting to vote but is separated from the

persons waiting to vote;

(2) access to the voting area through any entrance other than

one designated by the presiding judge is prevented; and

(3) the voting area is adequately lighted.

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

Sec. 62.005. EXAMINING BALLOT BOXES. An election officer shall

open and examine the ballot boxes and remove any contents from

the boxes.

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

Sec. 62.006. PLACING BOX FOR DEPOSIT OF MARKED BALLOTS. The

ballot box to be used by the voters to deposit marked ballots

shall be locked. The ballot box and the box used for the deposit

of provisional ballots shall be placed where they will be in

plain view of the election officers, watchers, and persons

waiting to vote.

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

by Acts 1997, 75th Leg., ch. 1078, Sec. 4, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1315, Sec. 21, eff. Jan. 1, 2004.

Sec. 62.007. EXAMINING BALLOTS. (a) An election officer shall

unseal the ballot package, remove the ballots, and examine them

to determine whether they are properly numbered and printed.

(b) An unnumbered or otherwise defectively printed ballot shall

be placed in ballot box no. 4.

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

Sec. 62.008. PRESIDING JUDGE TO SIGN BALLOTS. (a) The

presiding judge's signature shall be placed on the back of each

ballot to be used at the polling place.

(b) The judge shall sign each ballot or an election officer

shall stamp a facsimile of the judge's signature on each ballot.

(c) The signing of ballots need not be completed before the

polls open, but an unsigned ballot may not be made available for

selection by the voters.

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

Sec. 62.009. DISARRANGING BALLOTS FOR VOTERS' SELECTION. (a)

As needed for voting, an election officer shall disarrange a

supply of the ballots so that they are in random numerical order.

(b) The disarranged ballots shall be placed face down on a table

in a manner preventing an election officer or other person from

ascertaining the number of a ballot selected by a voter.

(c) The provisional ballots shall be placed separately from the

regular ballots.

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

by Acts 1997, 75th Leg., ch. 1078, Sec. 6, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1315, Sec. 22, eff. Jan. 1, 2004.

Sec. 62.010. DISTANCE MARKER. (a) An election officer shall

place one or more distance markers at the outer limits of the

area within which electioneering is prohibited.

(b) A distance marker must contain the following language

printed in large letters: "Distance Marker. No electioneering or

loitering between this point and the entrance to the polling

place."

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

Sec. 62.011. INSTRUCTION POSTER. (a) An election officer shall

post an instruction poster:

(1) in each voting station; and

(2) in one or more other locations in the polling place where it

can be read by persons waiting to vote.

(b) The secretary of state shall prescribe the form and content

of the instruction poster. If it is not practical to fit all of

the information required by this section on a single poster, the

secretary of state may provide for the use of two or more posters

to convey the information.

(c) The poster must include instructions applicable to the

election on:

(1) marking and depositing the ballot;

(2) voting for a write-in candidate;

(3) casting a straight-party vote;

(4) casting a provisional ballot;

(5) until the expiration of Section 13.122(d), voting for the

first time by a person who registered by mail; and

(6) securing an additional ballot if the voter's original

ballot is spoiled.

(d) The poster must also include the following information:

(1) the date of the election and the hours during which the

polling place is open;

(2) general information on voting rights under state and federal

laws, including information on the right of an individual to cast

a provisional ballot and the individuals to contact if a person

believes these rights have been violated; and

(3) general information on state and federal laws that prohibit

acts of fraud or misrepresentation.

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

by Acts 2003, 78th Leg., ch. 1315, Sec. 23, eff. Jan. 1, 2004.

Sec. 62.0111. NOTICE OF PROHIBITION OF CERTAIN DEVICES. (a) At

the discretion of the presiding judge, notice of the prohibition

of the use of certain devices under Section 61.014 may be posted

at one or more locations in the polling place where it can be

read by persons waiting to vote.

(b) The secretary of state shall prescribe the wording of a

notice posted under this section.

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

697, Sec. 2, eff. September 1, 2007.

Amended by:

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

87, Sec. 27.002(3), eff. September 1, 2009.

Sec. 62.0112. NOTICE OF VOTER COMPLAINT INFORMATION. (a) At

one or more locations in the polling place easily visible to

voters, the presiding judge shall post notice in a form

prescribed by the secretary of state that informs voters of who

to call or write to if a voter has a complaint about the conduct

of the election.

(b) The title of the notice must read "Voter Complaint

Information" and must be printed in at least 100-point Times New

Roman font. The notice must:

(1) include the telephone number for the voting rights hotline

established by the secretary of state under Section 31.0055;

(2) include any available telephone number dedicated to

reporting complaints about the local election official that is

administering the election; and

(3) include mailing addresses or Internet websites, as

available, to which voters may direct complaints to the federal,

state, or local governments about the conduct of elections.

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

358, Sec. 1, eff. September 1, 2009.

Sec. 62.0115. PUBLIC NOTICE OF VOTERS' RIGHTS. (a) The

secretary of state shall adopt rules providing for publicizing

voters' rights as prescribed by this section. The rules must

require that a notice of those rights be publicized:

(1) by being posted by an election officer in a prominent

location at each polling place;

(2) on the Internet website of the secretary of state;

(3) through material published by the secretary of state; or

(4) in another manner designed to give voters notice of their

rights.

(b) Except as revised by the secretary of state under Subsection

(d), the notice must state that a voter has the right to:

(1) vote a ballot and view written instructions on how to cast a

ballot;

(2) vote in secret and free from intimidation;

(3) receive up to two additional ballots if the voter mismarks,

damages, or otherwise spoils a ballot;

(4) request instructions on how to cast a ballot, but not to

receive suggestions on how to vote;

(5) bring an interpreter to translate the ballot and any

instructions from election officials;

(6) receive assistance in casting the ballot if the voter:

(A) has a physical disability that renders the voter unable to

write or see; or

(B) cannot read the language in which the ballot is written;

(7) cast a ballot on executing an affidavit as provided by law,

if the voter's eligibility to vote is questioned;

(8) report an existing or potential abuse of voting rights to

the secretary of state or the local election official;

(9) except as provided by Section 85.066(b), Election Code, vote

at any early voting location in the county in which the voter

resides in an election held at county expense, a primary

election, or a special election ordered by the governor; and

(10) file an administrative complaint with the secretary of

state concerning a violation of federal or state voting

procedures.

(c) The notice must also state:

(1) the information relating to the voting rights hotline

required under Section 31.0055; and

(2) any other information that the secretary of state considers

important for a voter to know.

(d) The secretary of state shall prescribe the form and content

of the notice in accordance with this section. The secretary of

state shall revise the content of the notice as necessary to

ensure that the notice accurately reflects the law in effect at

the time the notice is publicized.

Added by Acts 2005, 79th Leg., Ch.

510, Sec. 2, eff. September 1, 2005.

Sec. 62.012. POSTING SAMPLE BALLOT. An election officer shall

post a sample ballot in one or more locations in the polling

place where it can be read by persons waiting to vote.

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

by Acts 2003, 78th Leg., ch. 1315, Sec. 24, eff. Jan. 1, 2004.

Sec. 62.013. UNAUTHORIZED POSTING OF SIGNS PROHIBITED. (a) An

election officer commits an offense if the officer knowingly

posts at a polling place, including the area within 100 feet of

an outside door through which a voter may enter the building in

which the polling place is located, a sign, card, poster, or

other similar material that:

(1) is not authorized or required by law; or

(2) is in a form or contains information that is not authorized

or required by law.

(b) A person other than an election officer commits an offense

if the person posts a sign, card, poster, or other similar

material at a polling place, including the 100-foot area

described by Subsection (a).

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

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

Sec. 62.014. MODIFICATION OF LIST OF REGISTERED VOTERS. (a) If

a registration correction list is provided for a polling place,

an election officer shall make the changes to the list of

registered voters that are necessary to make it conform to the

registration correction list.

(b) An election officer shall enter "early voting voter" beside

the name of each person on the list of registered voters whose

name appears on the precinct early voting list furnished by the

early voting clerk.

(c) An election officer may make the changes to the list of

registered voters required by this section at a location other

than the polling place before it is opened for voting.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.49; Acts 1991, 72nd

Leg., ch. 554, Sec. 20, eff. Sept. 1, 1991; Acts 1997, 75th Leg.,

ch. 1349, Sec. 26, eff. Sept. 1, 1997.

Sec. 62.015. PLACING INDELIBLE MARKING INSTRUMENT IN STATION.

(a) An indelible marking instrument shall be placed in each

voting station.

(b) In this section, "indelible marking instrument" means an

instrument that makes marks that cannot easily be removed or

erased.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 5(a), eff. Sept. 1, 1987.