CHAPTER 64. VOTING PROCEDURES - Texas Statutes

ELECTION CODE

TITLE 6. CONDUCT OF ELECTIONS

CHAPTER 64. VOTING PROCEDURES

SUBCHAPTER A. VOTING GENERALLY

Sec. 64.001. VOTER TO SELECT AND PREPARE BALLOT. (a) After a

voter is accepted for voting, the voter shall select a ballot, go

to a voting station, and prepare the ballot.

(b) A voter who executes an affidavit in accordance with Section

63.011 shall select a provisional ballot

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

by Acts 1997, 75th Leg., ch. 1078, Sec. 11, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1315, Sec. 30, eff. Jan. 1, 2004.

Sec. 64.002. OCCUPANCY OF VOTING STATION. (a) Except as

otherwise provided by this code, only one person at a time may

occupy a voting station.

(b) A child under 18 years of age may accompany the child's

parent to a voting station.

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

by Acts 1993, 73rd Leg., ch. 728, Sec. 16, eff. Sept. 1, 1993;

Acts 1997, 75th Leg., ch. 864, Sec. 61, eff. Sept. 1, 1997.

Sec. 64.003. MARKING THE BALLOT FOR CANDIDATE ON BALLOT. A vote

for a particular candidate whose name is on the ballot must be

indicated by placing an "X" or other mark that clearly shows the

voter's intent in the square beside the name of the candidate for

whom the voter desires to vote.

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

Sec. 64.004. MARKING THE BALLOT FOR STRAIGHT-PARTY VOTE. In an

election in which a single square is provided on the ballot for

casting a straight-party vote, a straight-party vote must be

indicated by placing an "X" or other mark that clearly shows the

voter's intent in the square beside the name of the appropriate

political party.

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

Sec. 64.005. MARKING THE BALLOT FOR WRITE-IN CANDIDATE. In an

election in which write-in voting is permitted, a vote for a

candidate who is not on the ballot must be indicated by writing

the candidate's name in the appropriate place provided on the

ballot.

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

Sec. 64.006. MARKING THE BALLOT FOR MEASURE. A vote on a

particular measure must be indicated by placing an "X" or other

mark that clearly shows the voter's intent in the appropriate

square that is beside the proposition and that indicates the way

the voter desires to vote on the measure.

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

Sec. 64.007. SPOILED BALLOT. (a) If a voter mismarks, damages,

or otherwise spoils the ballot in the process of voting, the

voter is entitled to receive a new ballot by returning the

spoiled ballot to an election officer.

(b) A voter is not entitled to receive more than three ballots.

(c) An election officer shall maintain a register of spoiled

ballots at the polling place. An election officer shall enter on

the register the name of each voter who returns a spoiled ballot

and the spoiled ballot's number.

(d) After making the appropriate entry on the register, the

election officer shall deposit the spoiled ballot in ballot box

no. 4.

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

Sec. 64.008. DEPOSITING BALLOT. (a) Except as provided by

Subsection (b), after a voter has marked the ballot, the voter

shall fold the ballot to conceal the way it is marked but to

expose the presiding judge's signature, and shall deposit it in

the ballot box used for the deposit of marked ballots.

(b) After a voter has marked a provisional ballot, the voter

shall enclose the ballot in the envelope on which the voter's

executed affidavit is printed. The person shall seal the envelope

and deposit it in a box available for the deposit of provisional

ballots.

(c) At the time a person casts a provisional ballot under

Subsection (b), an election officer shall give the person written

information describing how the person may use the free access

system established under Section 65.059 to obtain information on

the disposition of the person's vote.

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

by Acts 2003, 78th Leg., ch. 1315, Sec. 31, eff. Jan. 1, 2004.

Sec. 64.009. VOTER UNABLE TO ENTER POLLING PLACE. (a) If a

voter is physically unable to enter the polling place without

personal assistance or likelihood of injuring the voter's health,

on the voter's request, an election officer shall deliver a

ballot to the voter at the polling place entrance or curb.

(b) The regular voting procedures may be modified by the

election officer to the extent necessary to conduct voting under

this section.

(c) After the voter is accepted for voting, the voter shall mark

the ballot and give it to the election officer who shall deposit

it in the ballot box.

(d) On the voter's request, a person accompanying the voter

shall be permitted to select the voter's ballot and deposit the

ballot in the ballot box.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 62, eff. Sept. 1, 1997.

Sec. 64.010. UNLAWFULLY PERMITTING OR PREVENTING DEPOSIT OF

BALLOT. (a) An election officer commits an offense if the

officer:

(1) permits a person to deposit in the ballot box a ballot that

the officer knows was not provided at the polling place to the

voter who is depositing the ballot or for whom the deposit is

made; or

(2) prevents the deposit in the ballot box of a marked and

properly folded ballot that was provided at the polling place to

the voter who is depositing it or for whom the deposit is

attempted.

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

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

Sec. 64.011. UNLAWFULLY DEPOSITING BALLOT. (a) A person

commits an offense if the person deposits or attempts to deposit

in a ballot box a ballot that was not provided to the person who

is depositing the ballot or for whom the deposit is made or

attempted.

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

unless the person is convicted of an attempt. In that case, the

offense is a Class B misdemeanor.

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

Sec. 64.012. ILLEGAL VOTING. (a) A person commits an offense

if the person:

(1) votes or attempts to vote in an election in which the person

knows the person is not eligible to vote;

(2) knowingly votes or attempts to vote more than once in an

election;

(3) knowingly impersonates another person and votes or attempts

to vote as the impersonated person; or

(4) knowingly marks or attempts to mark another person's ballot

without the consent of that person.

(b) An offense under this section is a felony of the third

degree unless the person is convicted of an attempt. In that

case, the offense is a Class A misdemeanor.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 63, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 393, Sec. 3, eff. Sept. 1, 2003.

SUBCHAPTER B. ASSISTING VOTER

Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. A voter is eligible to

receive assistance in marking the ballot, as provided by this

subchapter, if the voter cannot prepare the ballot because of:

(1) a physical disability that renders the voter unable to write

or see; or

(2) an inability to read the language in which the ballot is

written.

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

Sec. 64.032. PERSONS PROVIDING ASSISTANCE. (a) Except as

provided by Subsection (c), on a voter's request for assistance

in marking the ballot, two election officers shall provide the

assistance.

(b) If a voter is assisted by election officers in the general

election for state and county officers, each officer must be

aligned with a different political party unless there are not two

or more election officers serving the polling place who are

aligned with different parties.

(c) On the voter's request, the voter may be assisted by any

person selected by the voter other than the voter's employer, an

agent of the voter's employer, or an officer or agent of a labor

union to which the voter belongs.

(d) If assistance is provided by a person of the voter's choice,

an election officer shall enter the person's name and address on

the poll list beside the voter's name.

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

Sec. 64.0321. DEFINITION. For purposes of this subchapter and

Sections 85.035 and 86.010, assisting a voter includes the

following conduct by a person other than the voter that occurs

while the person is in the presence of the voter's ballot or

carrier envelope:

(1) reading the ballot to the voter;

(2) directing the voter to read the ballot;

(3) marking the voter's ballot; or

(4) directing the voter to mark the ballot.

Added by Acts 2003, 78th Leg., ch. 393, Sec. 4, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 640, Sec. 1, eff. June 20, 2003.

Sec. 64.033. READING BALLOT TO VOTER. (a) If a voter is

assisted by election officers, one of them shall read the entire

ballot to the voter unless the voter tells the officer that the

voter desires to vote only on certain offices or measures. In

that case, the officer shall read those items on the ballot

specified by the voter.

(b) If a voter is assisted by a person of the voter's choice, an

election officer shall ask the voter being assisted whether the

voter wants the entire ballot read to the voter. If so, the

officer shall instruct the person assisting the voter to read the

entire ballot to the voter.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 64, eff. Sept. 1, 1997.

Sec. 64.034. OATH. A person selected to provide assistance to a

voter must take the following oath, administered by an election

officer at the polling place, before providing assistance:

"I swear (or affirm) that I will not suggest, by word, sign, or

gesture, how the voter should vote; I will confine my assistance

to answering the voter's questions, to stating propositions on

the ballot, and to naming candidates and, if listed, their

political parties; and I will prepare the voter's ballot as the

voter directs."

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

Sec. 64.035. DEPOSITING BALLOT. After assistance has been

provided in marking a ballot, the ballot shall be folded and

deposited in the ballot box by the voter or, on the voter's

request, by the person assisting the voter.

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

Sec. 64.036. UNLAWFUL ASSISTANCE. (a) A person commits an

offense if the person knowingly:

(1) provides assistance to a voter who is not eligible for

assistance;

(2) while assisting a voter prepares the voter's ballot in a way

other than the way the voter directs or without direction from

the voter;

(3) while assisting a voter suggests by word, sign, or gesture

how the voter should vote; or

(4) provides assistance to a voter who has not requested

assistance or selected the person to assist the voter.

(b) A person commits an offense if the person knowingly assists

a voter in violation of Section 64.032(c).

(c) An election officer commits an offense if the officer

knowingly permits a person to provide assistance:

(1) to a voter who is not eligible for assistance; or

(2) in violation of Section 64.032(c).

(d) An offense under this section is a Class A misdemeanor.

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

by Acts 2003, 78th Leg., ch. 393, Sec. 5, eff. Sept. 1, 2003.

Sec. 64.037. UNAUTHORIZED ASSISTANCE VOIDS BALLOT. If

assistance is provided to a voter who is not eligible for

assistance, the voter's ballot may not be counted.

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