CHAPTER 68. TABULATION OF UNOFFICIAL RESULTS OF CERTAIN RACES BY SECRETARY OF STATE - Texas Statutes

ELECTION CODE

TITLE 6. CONDUCT OF ELECTIONS

CHAPTER 68. TABULATION OF UNOFFICIAL RESULTS OF CERTAIN RACES BY

SECRETARY OF STATE

SUBCHAPTER A. CONDUCT OF TABULATION

Sec. 68.001. DUTY TO TABULATE GENERALLY. (a) The secretary of

state shall tabulate the unofficial results as provided by this

subchapter in each primary election and general election for

state and county officers on each proposed amendment to the state

constitution and for each contested race for nomination or

election to:

(1) a federal office or statewide office of the state

government;

(2) the office of state senator;

(3) the office of state representative; and

(4) the office of member, State Board of Education.

(b) The secretary may tabulate the unofficial results for other

contested races, political party referenda, and any special

elections ordered by the governor.

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

Sec. 68.002. ACCESS TO TABULATION SYSTEM. (a) During the

tabulation, the secretary of state shall provide a sufficient

number of display terminals for representatives of the news media

to monitor the tabulation. The secretary shall provide direct

lines between computers for use by the media, if practicable.

(b) The secretary shall charge reasonable fees, which shall

approximate actual costs, to defray the costs of providing the

news media access to the tabulation system.

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

Sec. 68.003. DISPLAY TERMINALS FOR CERTAIN STATE OFFICERS. (a)

For monitoring the tabulations, the secretary of state shall

provide display terminals without charge to the governor,

lieutenant governor, and speaker of the house of representatives

in their Capitol offices. The secretary shall also provide

printers at those locations if printers are made available at any

location.

(b) The officers who are provided terminals or printers under

this section may not provide access to data from those terminals

or printers to members of the working news media.

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

Sec. 68.004. PERIODIC REPORTS DURING TABULATION. (a)

Periodically during the tabulation, the secretary of state shall

publish reports covering the races being tabulated.

(b) The periodic reports may include:

(1) vote totals for all contested races being tabulated;

(2) vote totals by county for federal offices and statewide

offices of the state government;

(3) vote totals for federal offices and statewide offices of the

state government in each of the six most populous counties, the

total for the next 19 most populous counties, and the total for

the remaining 229 counties; and

(4) any other information the secretary of state determines to

be relevant.

(c) The secretary shall distribute the periodic reports on

publication to the participating news media.

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

Sec. 68.005. FINAL REPORTS OF TABULATION. (a) After completion

of the tabulation, the secretary of state shall publish a final

report covering the races being tabulated.

(b) The final report may include:

(1) the information described by Section 68.004(b);

(2) vote totals by county for all races being tabulated; and

(3) vote totals for federal offices and statewide offices of the

state government in a minimum of eight regions designated by the

secretary on the basis of the geographic scope of the electronic

media markets.

(c) The secretary shall distribute a copy of the final report on

publication to the participating news media, governor, lieutenant

governor, speaker of the house of representatives, and members of

the elections advisory committee. A copy of the report shall also

be furnished to other persons on payment of a reasonable fee

prescribed by the secretary to defray the costs of preparing and

furnishing the copy.

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

Sec. 68.006. REPORT OF RECEIPT OF COUNTY RESULTS. The secretary

of state shall publish a report indicating the times the first

and last reports of results from each county were received by the

secretary.

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

Sec. 68.007. POSTING REPORTS FOR PUBLIC INSPECTION. (a) The

secretary of state shall post for public inspection, on

publication, one copy of each report published under Section

68.004.

(b) The secretary of state may post for public inspection any of

the reports prepared under this subchapter.

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

Sec. 68.008. BACKUP SYSTEM. The secretary of state shall

provide a backup system for the tabulation of the results.

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

Sec. 68.009. OPERATIONS MANUAL. Not later than the 90th day

before the date of each election covered by this subchapter, the

secretary of state shall prepare an operations manual that

explains the procedures to be used by the secretary in tabulating

the results.

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

Sec. 68.010. DISPOSITION OF FUNDS. Funds collected under this

chapter may be appropriated only to the secretary of state for

the administration of this chapter.

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

Sec. 68.011. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY OF

STATE. The secretary of state shall prescribe any additional

procedures necessary to implement the tabulation of unofficial

results.

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

SUBCHAPTER B. DUTIES OF LOCAL ELECTION OFFICIALS FOR CERTAIN

RACES

Sec. 68.031. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to each election covered by Subchapter A in addition to

and notwithstanding other provisions of this code.

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

Sec. 68.032. DELIVERY OF RETURNS AND VOTED BALLOTS. (a) In

precincts using paper ballots, voting machines, or electronic

voting system ballot counters, the copy of the returns required

to be delivered to the county clerk shall be delivered not later

than two hours, or as soon thereafter as practicable, after the

closing of the polls or after the last person voted, whichever is

later.

(b) In a precinct using electronic voting system ballots to be

counted at a central counting station, the ballots shall be

delivered to the station not later than two hours, or as soon

thereafter as practicable, after the closing of the polls or

after the last person voted, whichever is later. The copy of the

returns required to be delivered to the county clerk shall be

delivered by the presiding judge of the counting station

immediately on completion of the returns.

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

Sec. 68.033. COUNTING OF EARLY VOTING BALLOTS. The early voting

ballot board shall count the early voting ballots periodically

throughout the day.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.53; Acts 1991, 72nd

Leg., ch. 554, Sec. 24, eff. Sept. 1, 1991.

Sec. 68.034. TRANSMISSION OF RESULTS TO SECRETARY OF STATE. (a)

The county clerk shall transmit periodically, by telephone or

other electronic means, to the secretary of state the results for

the races being tabulated by the secretary. The results shall be

transmitted continuously until complete.

(b) The county clerk shall transmit the complete or partial

results of the early voting for the appropriate races at 7 p.m.

on election day. If only partial results are available, the

results shall be transmitted periodically until complete.

(c) Costs of transmission of the results may be paid by the

state.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.54; Acts 1991, 72nd

Leg., ch. 554, Sec. 25, eff. Sept. 1, 1991.

SUBCHAPTER C. ELECTIONS ADVISORY COMMITTEE

Sec. 68.051. MEMBERSHIP. (a) Not later than January 1 of each

even-numbered year, the lieutenant governor, speaker of the house

of representatives, and secretary of state shall each appoint six

persons to serve on an elections advisory committee in connection

with the tabulation and reporting of election results under this

chapter.

(b) Each member of the committee serves a two-year term

beginning on January 1 of even-numbered years.

(c) Appointments to the committee shall be made without regard

to race, creed, sex, religion, and national origin.

(d) Instead of making one of the required appointments, each

appointing officer or the officer's designee may serve on the

committee.

(e) Each appointing officer shall allocate at least four of the

officer's appointments among members of the various media

organizations covering elections in this state.

(f) The following persons or their designees shall also serve on

the committee:

(1) the president of the Texas Association of Broadcasters;

(2) the president of the Texas Press Association;

(3) the president of the Texas Daily Newspaper Association; and

(4) the chief state executive officers of the Associated Press

and United Press International.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 67, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.16(a), eff. September 1, 2005.

Sec. 68.052. CHAIR AND MEETINGS. (a) The secretary of state

shall designate a chair and vice chair of the committee from

among the media organization membership.

(b) Meetings of the committee shall be held at the call of the

chair.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 68, eff. Sept. 1, 1997.

Sec. 68.053. REVIEW OF OPERATIONS MANUAL. The committee shall

review the operations manual prepared under Section 68.009 and

make any recommendations it considers appropriate.

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

Sec. 68.054. MEMBERS PRESENT DURING TABULATION. One or more

members chosen by the committee shall be present during the

tabulation of the results at each election.

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

Sec. 68.055. EVALUATION AND RECOMMENDATIONS REGARDING

TABULATION. The committee shall submit a written report after

each election to the secretary of state, governor, lieutenant

governor, and speaker of the house of representatives evaluating

the tabulation process and making any recommendations it

considers appropriate.

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