CHAPTER 83. OFFICER CONDUCTING EARLY VOTING - Texas Statutes

ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE A. EARLY VOTING

CHAPTER 83. OFFICER CONDUCTING EARLY VOTING

SUBCHAPTER A. EARLY VOTING CLERK

Sec. 83.001. EARLY VOTING CLERK GENERALLY. (a) The early

voting clerk shall conduct the early voting in each election.

(b) The clerk is an officer of the election in which the clerk

serves.

(c) The clerk has the same duties and authority with respect to

early voting as a presiding election judge has with respect to

regular voting, except as otherwise provided by this title.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

Sec. 83.002. COUNTY CLERK AS EARLY VOTING CLERK. The county

clerk is the early voting clerk for the county in:

(1) the general election for state and county officers and any

other countywide election held at county expense;

(2) a primary election; and

(3) a special election ordered by the governor.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

Sec. 83.003. CLERK FOR LESS-THAN-COUNTYWIDE ELECTIONS HELD AT

COUNTY EXPENSE. (a) In a less-than-countywide election ordered

by the commissioners court, county judge, county board of school

trustees, or any other county authority and held at county

expense, the county clerk is the early voting clerk unless the

authority appoints a person other than the county clerk.

(b) To be eligible for appointment as early voting clerk under

this section, a person must meet the requirements for eligibility

for service as a presiding election judge, except that the

appointee must be a qualified voter of the county and is not

required to be a qualified voter of any other particular

territory.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

Sec. 83.004. CLERK FOR ELECTIONS ORDERED BY COUNTY AUTHORITY NOT

HELD AT COUNTY EXPENSE. (a) In an election ordered by the

commissioners court, county judge, county board of school

trustees, or any other county authority and not held at county

expense, the authority ordering the election shall appoint the

early voting clerk.

(b) If the county clerk is appointed as early voting clerk under

this section, the county clerk shall serve in that capacity, and

the authority responsible for paying the expenses of the election

shall reimburse the county for the time spent by the county clerk

as the early voting clerk and by the county clerk's deputies as

deputy early voting clerks.

(c) To be eligible for appointment as early voting clerk under

this section, a person other than the county clerk must meet the

requirements for eligibility for service as a presiding election

judge, except that the appointee must be a qualified voter of the

county and is not required to be a qualified voter of any other

particular territory.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

Sec. 83.005. CLERK FOR CITY ELECTIONS. The city secretary is

the early voting clerk for an election ordered by an authority of

a city.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

Sec. 83.006. CLERK FOR ELECTIONS OF OTHER POLITICAL

SUBDIVISIONS. (a) In an election ordered by an authority of a

political subdivision other than a county or city, the authority

ordering the election shall appoint the early voting clerk.

(b) To be eligible for appointment as early voting clerk under

this section, a person must meet the requirements for eligibility

for service as a presiding election judge, except that:

(1) an appointee must be a qualified voter of the political

subdivision and is not required to be a qualified voter of any

other particular territory;

(2) in an election in which an officer of the political

subdivision is a candidate, an appointee's status as an employee

of the political subdivision does not make the appointee

ineligible for appointment as the clerk; and

(3) an appointee who is a permanent employee of the political

subdivision and a qualified voter of any territory is not

required to be a qualified voter of the political subdivision.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

ch. 1316, Sec. 18, eff. Sept. 1, 2003.

Sec. 83.007. CLERK FOR OTHER ELECTIONS. (a) In an election for

which this code does not provide for an early voting clerk, the

authority ordering the election shall appoint the early voting

clerk.

(b) To be eligible for appointment as early voting clerk under

this section, a person must meet the requirements for eligibility

for service as a presiding election judge, except that:

(1) an appointee must be a qualified voter of the territory

covered by the election and is not required to be a qualified

voter of any other particular territory; and

(2) an appointee who is a permanent employee of the authority

ordering the election and a qualified voter of any territory is

not required to be a qualified voter of the territory covered by

the election.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

ch. 1316, Sec. 19, eff. Sept. 1, 2003.

Sec. 83.008. ADDITIONAL CLERKS FOR CERTAIN ELECTIONS. (a) In

an election on the creation, organization, functioning, or

existence of one or more political subdivisions that affects more

than one political subdivision, more than one early voting clerk

may be appointed.

(b) An area within the territory covered by the election may not

be served by more than one clerk.

(c) Each clerk shall serve the one or more political

subdivisions designated by the authority appointing the clerk.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

Sec. 83.009. EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS CLERK.

An employee of a political subdivision may serve as early voting

clerk in an election affecting the political subdivision if the

political subdivision's governing body approves the appointment.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

Sec. 83.010. PUBLIC NOTICE OF CLERK'S MAILING ADDRESS. An

election order and the election notice must state the early

voting clerk's official mailing address, except for an election

in which a county clerk or city secretary is the early voting

clerk under Section 83.002 or 83.005.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

Sec. 83.011. OFFICE HOURS ON ELECTION DAY. The early voting

clerk's office shall remain open for early voting activities

during the hours the polls are required to be open for voting on

election day.

Added by Acts 1991, 72nd Leg., ch. 203, Sec. 1.03, eff. Sept. 1,

1991.

SUBCHAPTER B. DEPUTY CLERK

Sec. 83.031. DEPUTY EARLY VOTING CLERK GENERALLY. (a) Deputy

early voting clerks may be appointed as provided by this

subchapter to assist the early voting clerk.

(b) A deputy is an officer of the election in which the deputy

serves.

(c) A deputy early voting clerk has the same authority as the

early voting clerk in conducting early voting, subject to the

early voting clerk's supervision.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

Sec. 83.032. DEPUTY FOR COUNTY CLERK OR CITY SECRETARY. (a) In

an election in which a county clerk or a city secretary is the

early voting clerk, the county clerk or city secretary by written

order may appoint one or more of that officer's permanent

deputies as deputy early voting clerks. The clerk or secretary

may appoint temporary deputies to serve as deputy early voting

clerks in accordance with the law applicable to the appointment

of deputies generally.

(b) For a temporary deputy to be eligible for appointment as a

deputy early voting clerk under this section, the temporary

deputy must meet the requirements for eligibility for service as

a presiding election judge, except that:

(1) an appointee is not required to be a qualified voter of any

particular territory other than the county, in the case of an

appointment by a county clerk, or the city, in the case of an

appointment by a city secretary;

(2) in an election in which the early voting clerk is a

candidate, an appointee's status as an employee of the clerk does

not make the appointee ineligible for appointment as a deputy

early voting clerk; and

(3) an appointee who is a permanent employee of the county or

city, as applicable, and a qualified voter of any territory is

not required to be a qualified voter of the county or city, as

applicable.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

ch. 1316, Sec. 20, eff. Sept. 1, 2003.

Sec. 83.033. DEPUTY FOR OTHER CLERKS. (a) In an election in

which a person other than a county clerk or a city secretary is

the early voting clerk, the authority appointing the clerk, by

written order, may appoint one or more deputy early voting

clerks.

(b) To be eligible for appointment as a deputy early voting

clerk under this section, a person must meet the requirements for

eligibility for appointment as the early voting clerk.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

Sec. 83.034. EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS

DEPUTY. An employee of a political subdivision may serve as

deputy early voting clerk in an election affecting the political

subdivision if the political subdivision's governing body

approves the appointment.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

SUBCHAPTER C. COMPENSATION

Sec. 83.051. COMPENSATION OF COUNTY CLERK OR CITY SECRETARY. A

county clerk or a city secretary is not entitled to receive

additional compensation for serving as early voting clerk.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

Sec. 83.052. COMPENSATION OF OTHER CLERKS AND THEIR DEPUTIES.

An early voting clerk who is not a county clerk or city secretary

and the deputy early voting clerks appointed to assist the clerk

are entitled to compensation in an amount fixed by the authority

ordering the election.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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

Sec. 83.053. SERVICE WITHOUT COMPENSATION BY PUBLIC EMPLOYEE.

(a) An employee of the authority ordering an election who is

appointed as early voting clerk or deputy early voting clerk may

be appointed to serve without additional compensation.

(b) An employee of a political subdivision who is appointed as

early voting clerk or deputy early voting clerk for an election

affecting the political subdivision may be appointed to serve

without additional compensation if the political subdivision's

governing body approves appointment on that basis.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd

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