CHAPTER 111. GENERAL PROVISIONS - Texas Statutes

ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE C. RESTRICTED BALLOT

CHAPTER 111. GENERAL PROVISIONS

Sec. 111.001. RESTRICTED BALLOT. In this subtitle, "restricted

ballot" means a ballot that is restricted to the offices and

propositions stating measures on which a person is entitled to

vote under Chapter 112, 113, or 114.

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. 111.002. GENERAL CONDUCT OF VOTING. The voting of

restricted ballots under this subtitle shall be conducted and the

results of voting shall be processed as provided by Subtitle A

for early voting, except as otherwise provided by this subtitle.

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. 111.003. APPLICATION REQUIRED. (a) To be entitled to vote

a restricted ballot, a person must make an application for the

ballot.

(b) A restricted ballot application is subject to the applicable

provisions of Chapter 84.

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. 111.004. CONTENTS OF APPLICATION. An application for a

restricted ballot must include, in addition to the information

required by the applicable provisions of Section 84.002, the

information necessary to indicate that the applicant is eligible

to vote the restricted ballot requested.

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. 111.005. PREPARING RESTRICTED BALLOT. (a) The early

voting clerk shall prepare a voter's restricted ballot.

(b) If a regular paper ballot is used, the restricted ballot

shall be prepared by striking from an official early voting

ballot the offices and propositions stating measures on which the

voter is not entitled to vote.

(c) If an electronic system ballot is used, the restricted

ballot shall be prepared by marking or otherwise identifying an

official early voting ballot so that votes on offices and

propositions stating measures on which the voter is not entitled

to vote may not be counted.

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. 2.03, eff. January 1, 2006.

Sec. 111.006. MANUALLY COUNTING ELECTRONIC SYSTEM BALLOT. If a

restricted electronic system ballot cannot be automatically

counted with other electronic system ballots voted in the

election that are to be counted automatically, the restricted

ballot shall be counted manually.

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. 111.007. RESTRICTED BALLOT ROSTER. (a) The early voting

clerk shall maintain a roster for each election listing each

person who votes a restricted ballot by personal appearance and

each person to whom a restricted ballot to be voted by mail is

provided.

(b) For each person listed, the roster must include:

(1) the person's name and residence address;

(2) an indication of the type of restricted ballot voted or

provided, as applicable; and

(3) the date of voting or the date the ballot was mailed to the

person, as applicable.

(c) Except as provided by this section, the restricted ballot

roster is subject to the provisions applicable to the early

voting roster. A person included on the restricted ballot roster

may not be included on the early voting roster.

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. 111.008. NOTING RESTRICTED BALLOT VOTER ON POLL LIST AND

REGISTERED VOTER LIST. For each voter accepted to vote a

restricted ballot, a notation shall be made beside the voter's

name on the early voting poll list indicating that a restricted

ballot was voted and the type of restricted ballot. If the

voter's name appears on the list of registered voters used for

conducting early voting, a similar notation shall be made on that

list unless the form of the list makes it impracticable to do so.

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. 111.009. EXCLUDING VOTER FROM PRECINCT EARLY VOTING LIST.

The name of a person voting a limited ballot by personal

appearance under Chapter 112 or to whom a limited or federal

ballot to be voted by mail is provided under Chapter 112 or 114

is not required to be included on the precinct early voting list.

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.