CHAPTER 104. VOTING ON ELECTION DAY BY DISABLED VOTER FROM VOTING SYSTEM PRECINCT - Texas Statutes

ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE B. SPECIAL FORMS OF EARLY VOTING

CHAPTER 104. VOTING ON ELECTION DAY BY DISABLED VOTER FROM VOTING

SYSTEM PRECINCT

Sec. 104.001. ELIGIBILITY. A qualified voter in whose precinct

polling place voting is conducted by voting machine is eligible

to vote by the early voting procedure provided by this chapter if

the voter has a sickness or physical condition that prevents the

voter from voting in the regular manner without personal

assistance or a likelihood of injuring the voter's health.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

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

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.02, eff. January 1, 2006.

Sec. 104.002. FORM AND CONTENTS OF APPLICATION. An application

for a ballot voted under this chapter must:

(1) be in the form of an affidavit; and

(2) include, in addition to the information required by the

applicable provisions of Section 84.002, a statement that the

applicant has not previously voted in the election.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

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

Sec. 104.003. TIME AND PLACE FOR VOTING. Voting under this

chapter shall be conducted on election day, beginning at 7 a.m.

and concluding at 7 p.m., at the main early voting polling place.

However, if the early voting ballots voted by mail are processed

at a location other than the main early voting polling place, the

early voting clerk may require the voting to be conducted at that

location.

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

by Acts 1989, 71st Leg., ch. 1157, Sec. 1, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd Leg.,

ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch.

1316, Sec. 32, eff. Sept. 1, 2003.

Sec. 104.004. VOTING PROCEDURE. (a) On submission of an

application to the early voting clerk, the clerk shall review the

application and verify the applicant's registration status in

accordance with the procedure applicable to early voting by mail.

(b) The voting shall be conducted with the balloting materials

for early voting by mail.

(c) The voter must mark and seal the ballot in the same manner

as if voting by mail except that the certificate on the carrier

envelope need not be completed.

(d) On sealing the carrier envelope, the voter must give it to

the clerk, who shall note on the envelope that the ballot is

voted under this chapter.

(e) If the voter is physically unable to enter the early voting

polling place without personal assistance or a likelihood of

injuring the voter's health, the clerk shall deliver the

balloting materials to the voter at the polling place entrance or

curb.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

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

ch. 864, Sec. 84, eff. Sept. 1, 1997.

Sec. 104.005. PROCESSING RESULTS. The results of voting under

this chapter shall be processed in accordance with the procedures

applicable to processing early voting ballots voted by mail.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

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

Sec. 104.006. ENTRY ON EARLY VOTING ROSTER. The early voting

roster must include the name of each person voting under this

chapter with a notation indicating that the person voted under

this chapter.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

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