CHAPTER 85. CONDUCT OF VOTING BY PERSONAL APPEARANCE - Texas Statutes

ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE A. EARLY VOTING

CHAPTER 85. CONDUCT OF VOTING BY PERSONAL APPEARANCE

SUBCHAPTER A. TIME AND PLACE FOR VOTING; ELECTION OFFICERS

Sec. 85.001. EARLY VOTING PERIOD. (a) The period for early

voting by personal appearance begins on the 17th day before

election day and continues through the fourth day before election

day, except as otherwise provided by this section.

(b) For a special runoff election for the office of state

senator or state representative or for a runoff primary election,

the period begins on the 10th day before election day.

(c) If the date prescribed by Subsection (a) or (b) for

beginning the period is a Saturday, Sunday, or legal state

holiday, the early voting period begins on the next regular

business day.

(d) If because of the date for which an election is ordered it

is not possible to begin early voting by personal appearance on

the prescribed date, the early voting period shall begin on the

earliest date practicable after the prescribed date as set by the

authority ordering the election.

(e) For an election held on the uniform election date in May and

any resulting runoff election, the period for early voting by

personal appearance begins on the 12th day before election day

and continues through the fourth day before election day.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.09; Acts 1991, 72nd

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

ch. 115, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch.

1316, Sec. 22, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

471, Sec. 8, eff. October 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 8, eff. September 1, 2009.

Sec. 85.002. MAIN EARLY VOTING POLLING PLACE. (a) Early voting

by personal appearance for each election shall be conducted at

the main early voting polling place.

(b) In an election in which a county clerk or city secretary is

the early voting clerk under Section 83.002 or 83.005, the main

early voting polling place shall be located in any room selected

by the early voting clerk in the building that houses the main

business office of the county clerk or city secretary, as

applicable. However, if the commissioners court or city governing

body determines that locating the polling place in that building

is impracticable, the commissioners court or city governing body

may designate a different location in the city in which the

business office is located that is as near as practicable to the

business office.

(c) In an election in which a county clerk is the early voting

clerk under Section 83.003 or 83.004, the authority authorized to

appoint the clerk shall designate the location of the main early

voting polling place. The location must be in the territory

covered by the election or in any room selected by the clerk in

the building that houses the county clerk's main business office,

whether or not the office is located in the territory covered by

the election. However, if the commissioners court determines that

locating the polling place in that building is impracticable, the

commissioners court may designate a different location in the

city in which the business office is located that is as near as

practicable to the business office.

(d) In an election in which a person other than a county clerk

or city secretary is early voting clerk, the authority appointing

the clerk shall designate the location of the main early voting

polling place. The location must be in 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. 2.09; Acts 1991, 72nd

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

Sec. 85.003. VOTERS SERVED BY MAIN POLLING PLACE. Any person

entitled to vote an early voting ballot by personal appearance

may do so at the main early voting polling place.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.09; Acts 1991, 72nd

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

Sec. 85.004. PUBLIC NOTICE OF POLLING PLACE LOCATION. The

election order and the election notice must state the location of

each early voting polling place.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.09; Acts 1991, 72nd

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 9, eff. September 1, 2009.

Sec. 85.005. REGULAR DAYS AND HOURS FOR VOTING. (a) Except as

provided by Subsection (c), in an election in which a county

clerk or city secretary is the early voting clerk under Section

83.002 or 83.005, early voting by personal appearance at the main

early voting polling place shall be conducted on the weekdays of

the early voting period and during the hours that the county

clerk's or city secretary's main business office is regularly

open for business.

(b) In an election to which Subsection (a) does not apply, early

voting by personal appearance at the main early voting polling

place shall be conducted at least eight hours each weekday of the

early voting period that is not a legal state holiday unless the

territory covered by the election has fewer than 1,000 registered

voters. In that case, the voting shall be conducted at least

three hours each day. The authority ordering the election, or the

county clerk if that person is the early voting clerk, shall

determine which hours the voting is to be conducted.

(c) In a county with a population of 100,000 or more, the voting

in a primary election or the general election for state and

county officers shall be conducted at the main early voting

polling place for at least 12 hours on each weekday of the last

week of the early voting period, and the voting in a special

election ordered by the governor shall be conducted at the main

early voting polling place for at least 12 hours on each of the

last two days of the early voting period. Voting shall be

conducted in accordance with this subsection in those elections

in a county with a population under 100,000 on receipt by the

early voting clerk of a written request for the extended hours

submitted by at least 15 registered voters of the county. The

request must be submitted in time to enable compliance with

Section 85.067.

(d) In an election ordered by a city, early voting by personal

appearance at the main early voting polling place shall be

conducted for at least 12 hours:

(1) on one weekday, if the early voting period consists of less

than six weekdays; or

(2) on two weekdays, if the early voting period consists of six

or more weekdays.

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

by Acts 1989, 71st Leg., ch. 1142, Sec. 1, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 203, Sec. 1.07; Acts 1991, 72nd Leg.,

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

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.17, eff. September 1, 2005.

Sec. 85.006. VOTING ON SATURDAY OR SUNDAY. (a) Except as

provided by Subsection (b), the authority ordering an election

may order early voting by personal appearance at the main early

voting polling place to be conducted on one or more Saturdays or

Sundays during the early voting period.

(b) In an election in which a county clerk or city secretary is

the early voting clerk under Section 83.002 or 83.005, only the

early voting clerk may order voting on a Saturday or Sunday. The

clerk must do so by written order.

(c) The authority ordering voting on a Saturday or Sunday shall

determine the hours during which voting is to be conducted.

(d) The authority authorized to order early voting on a Saturday

or Sunday under Subsection (a) or (b) shall order the voting

under the applicable subsection on receipt of a written request

submitted by at least 15 registered voters of the territory

covered by the election. The request must be submitted in time to

enable compliance with Section 85.007. The authority is not

required to order the voting on a particular date specified by

the request but shall order the voting on at least one Saturday

if a Saturday is requested and on at least one Sunday if a Sunday

is requested.

(e) In a primary election or the general election for state and

county officers in a county with a population of 100,000 or more,

the early voting clerk shall order personal appearance voting at

the main early voting polling place to be conducted for at least

12 hours on the last Saturday and for at least five hours on the

last Sunday of the early voting period. The early voting clerk

shall order voting to be conducted at those times in those

elections in a county with a population under 100,000 on receipt

of a written request for those hours submitted by at least 15

registered voters of the county. The request must be submitted in

time to enable compliance with Section 85.007. This subsection

supersedes any provision of this subchapter to the extent of any

conflict.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 25, eff. Sept. 1, 1987;

Acts 1989, 71st Leg., ch. 1142, Sec. 2, eff. Sept. 1, 1989; Acts

1991, 72nd Leg., ch. 203, Sec. 1.08; Acts 1991, 72nd Leg., ch.

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

Sec. 85.007. PUBLIC NOTICE OF TIME FOR VOTING. (a) The

election order and the election notice must state:

(1) the date that early voting will begin if under Section

85.001(d) the early voting period is to begin later than the

prescribed date;

(2) the regular dates and hours that voting will be conducted

under Section 85.005(b); and

(3) the dates and hours that voting on Saturday or Sunday is

ordered to be conducted under Section 85.006(a).

(b) The early voting clerk shall post notice for each election

stating the dates and hours that voting on a Saturday or Sunday

is ordered to be conducted under Section 85.006(b).

(c) Notice under Subsection (b) shall be posted continuously for

at least 72 hours immediately preceding the first hour that the

voting to which the notice pertains will be conducted. The notice

shall be posted on the bulletin board used for posting notice of

meetings of the commissioners court if the early voting clerk is

the county clerk, or of the city governing body if the early

voting clerk is the city secretary.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.09; Acts 1991, 72nd

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

Sec. 85.008. DAYS AND HOURS FOR VOTING: ELECTION IN CERTAIN

CITIES. (a) This section applies only to a city with a

population of more than 450,000 in which all members of the

governing body are elected on an at-large basis.

(b) Notwithstanding and in addition to other applicable

provisions of this code, in an election in which the city

secretary is the early voting clerk under Section 83.005, early

voting by personal appearance shall be conducted on the

corresponding days and for the same number of hours that the

voting is required to be conducted in the general election for

state and county officers in the county in which a majority of

the population of the city is located.

Added by Acts 1997, 75th Leg., ch. 172, Sec. 1, eff. Sept. 1,

1997.

Sec. 85.009. ELECTION OFFICERS FOR GENERAL ELECTION FOR STATE

AND COUNTY OFFICERS. (a) The county clerk shall select election

officers for the main early voting polling place and any branch

polling place from a list provided under Subsection (b), in a

manner that provides equal representation to the extent possible

for each political party holding a primary election in the

county.

(b) Before July of each year, the county chair of each political

party holding a primary election in the county shall submit in

writing to the county clerk a list of names of persons in order

of preference for each early voting polling place who are

eligible for selection as an election officer. The county chair

may supplement the list of names of persons until the 30th day

before early voting begins in case an appointed election officer

becomes unable to serve. The county clerk shall appoint the

first person meeting the applicable eligibility requirements from

the list submitted in compliance with this subsection by the

party with the highest number of votes in the county as the

presiding election officer of that polling place and the first

person meeting the applicable eligibility requirements from the

list submitted in compliance with this subsection by the party

with the second highest number of votes in the county as the

alternate presiding election officer of that polling place. The

county clerk shall appoint additional election officers for each

polling place in the manner described by Subsection (a). The

county clerk may reject the list if the persons whose names are

submitted on the list are determined not to meet the applicable

eligibility requirements.

(c) The county clerk, after making a reasonable effort to

consult with the party chair of the appropriate political party

or parties, may select election officers for each early voting

polling place in which a list is not submitted in a manner that

attempts to ensure equal representation to the extent possible

for the parties holding a primary election in the county.

Added by Acts 2007, 80th Leg., R.S., Ch.

558, Sec. 2, eff. September 1, 2007.

SUBCHAPTER B. POLLING PLACE PROCEDURE

Sec. 85.031. ACCEPTING VOTER. (a) For each person entitled to

vote an early voting ballot by personal appearance, the early

voting clerk shall follow the procedure for accepting a regular

voter on election day, with the modifications necessary for the

conduct of early voting.

(b) On accepting a voter, the clerk shall indicate beside the

voter's name on the list of registered voters or registration

omissions list, as applicable, that the voter is accepted to vote

by personal appearance unless the form of either list makes it

impracticable to do so, and the clerk shall enter the voter's

name on the poll list.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.09; Acts 1991, 72nd

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

ch. 1349, Sec. 34, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.

1381, Sec. 9, eff. Sept. 1, 1997.

Sec. 85.0311. EARLY VOTING CLERK TO SIGN BALLOTS. (a) The

early voting clerk's initials shall be placed on the back of each

ballot to be used at the polling place.

(b) The early voting clerk shall enter the initials on each

ballot or a deputy early voting clerk shall stamp a facsimile of

the initials on each ballot.

Added by Acts 1997, 75th Leg., ch. 1381, Sec. 10, eff. Sept. 1,

1997.

Sec. 85.032. SECURITY OF EARLY VOTING BALLOT BOX. (a) The

procedure for rotating two ballot boxes applicable to a precinct

polling place does not apply to an early voting polling place.

Once locked for use in an election, the early voting ballot box

may not be unlocked except as provided by this subtitle.

(b) The ballot box in which voters deposit their marked early

voting ballots must have two locks, each with a different key,

and must be designed and constructed so that the box can be

sealed to detect any unauthorized opening of the box and that the

ballot slot can be sealed to prevent any unauthorized deposit in

the box. The seals for the boxes must be serially numbered for

each election. The procedures prescribed by Sections 127.064,

127.065, 127.066, and 127.068 governing the use of sealed ballot

boxes in electronic voting system elections apply to the use of

sealed ballot boxes under this title to the extent those

procedures can be made applicable, with references to the central

counting station being applied to the early voting ballot board.

The secretary of state shall prescribe any procedures necessary

to implement the use of sealed ballot boxes in early voting.

(c) During the period for early voting by personal appearance,

the early voting clerk shall keep the key to one of the locks to

the early voting ballot box, and the custodian of keys to ballot

boxes for preserving voted ballots after the election shall keep

the key to the second lock.

(d) Each custodian shall retain possession of the key entrusted

to the custodian until it is delivered to the early voting ballot

board under Subchapter B, Chapter 87.

(e) A sealed case may be used for transferring voted early

voting ballots in accordance with procedures approved by the

secretary of state.

(f) The secretary of state shall prescribe procedures providing

for the security of the voted early voting ballots from the last

day of voting by personal appearance at a polling place until the

day the ballots are counted. The procedures must include security

measures covering the transfer of the ballots between the early

voting clerk and the early voting ballot board.

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

by Acts 1989, 71st Leg., ch. 562, Sec. 1, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.09; Acts 1991, 72nd Leg.,

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

864, Sec. 74, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381,

Sec. 11, eff. Sept. 1, 1997.

Sec. 85.033. SECURITY OF VOTING MACHINE. At the close of early

voting each day, the early voting clerk shall secure each voting

machine used for early voting in the manner prescribed by the

secretary of state so that its unauthorized operation is

prevented. The clerk shall unsecure the machine before the

beginning of early voting the following day.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.09; Acts 1991, 72nd

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

Sec. 85.034. VOTER UNABLE TO ENTER POLLING PLACE. (a) Early

voting by personal appearance by a voter who is voting outside

the early voting polling place under Section 64.009 shall be

conducted in accordance with this section if voting at the early

voting polling place is by voting machine.

(b) The early voting clerk shall furnish each accepted voter

with the early voting ballot used for voting by mail and the

official ballot envelope.

(c) The voter must mark the ballot and seal it in the envelope.

(d) Immediately after sealing the ballot envelope, the voter

must give it to the clerk. Before depositing the envelope in the

ballot box, the clerk shall indicate on the envelope that the

ballot was voted outside the polling place under this section.

(e) The secretary of state may provide for the use of envelopes

or other containers instead of ballot boxes in which to deposit

ballots voted under this section.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.09; Acts 1991, 72nd

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

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.01, eff. January 1, 2006.

Sec. 85.035. ASSISTING VOTER. A person voting an early voting

ballot by personal appearance who is assisted in preparing the

ballot by election officers under Subchapter B, Chapter 64, may

be assisted by a single officer.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.09; Acts 1991, 72nd

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

Sec. 85.036. ELECTIONEERING PROHIBITED. (a) During the time an

early voting polling place is open for the conduct of early

voting, a person may not electioneer for or against any

candidate, measure, or political party in or within 100 feet of

an outside door through which a voter may enter the building or

structure in which the early voting polling place is located.

(b) Repealed by Acts 2003, 78th Leg., ch. 639, Sec. 2

(c) During the early voting period, the early voting clerk shall

keep continuously posted:

(1) at the entrance to the room or area, as applicable, in which

the early voting polling place is located, a sign on which is

printed in large letters "Early Voting Polling Place"; and

(2) at the outer limits of the area within which electioneering

is prohibited, a sign on which is printed in large letters

"Distance Marker. No electioneering between this point and the

entrance to the early voting polling place."

(d) A person commits an offense if the person electioneers in

violation of Subsection (a).

(e) An offense under this section is a Class C misdemeanor.

(f) Repealed by Acts 2003, 78th Leg., ch. 639, Sec. 2

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 1.09; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg.,

ch. 498, Sec. 1, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch.

639, Sec. 1, 2, eff. Sept. 1, 2003.

Sec. 85.037. BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF

CANDIDATE. Section 61.001 applies to an early voting polling

place except that the period for which the conduct is proscribed

is during the time the polling place is open for the conduct of

early voting.

Added by Acts 1997, 75th Leg., ch. 1350, Sec. 4, eff. Sept. 1,

1997.

SUBCHAPTER C. BRANCH EARLY VOTING POLLING PLACE

Sec. 85.061. PERMANENT BRANCH POLLING PLACE. (a) In a

countywide election in which the county clerk is the early voting

clerk under Section 83.002, an early voting polling place shall

be located at each branch office that is regularly maintained for

conducting general clerical functions of the county clerk, except

as provided by Subsection (b).

(b) In an election in which a temporary branch polling place is

established under Section 85.062(a)(1) or (d), the commissioners

court may provide by resolution, order, or other official action

that any one or more of the county clerk's regularly maintained

branch clerical offices are not to be branch early voting polling

places in the election.

(c) In this subchapter, "permanent branch polling place" means

an early voting polling place established under this section.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 1.10; Acts 1991, 72nd

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

Sec. 85.062. TEMPORARY BRANCH POLLING PLACE. (a) Except as

provided by Subsection (d) or (e), one or more early voting

polling places other than the main early voting polling place may

be established by:

(1) the commissioners court, for an election in which the county

clerk is the early voting clerk; or

(2) the governing body of the political subdivision served by

the authority ordering the election, for an election in which a

person other than the county clerk is the early voting clerk.

(b) A polling place established under this section may be

located, subject to Subsection (d), at any place in the territory

served by the early voting clerk and may be located in any

stationary structure as directed by the authority establishing

the branch office. The polling place may be located in a movable

structure in the general election for state and county officers,

general primary election, or runoff primary election. Ropes or

other suitable objects may be used at the polling place to ensure

compliance with Section 62.004. Persons who are not expressly

permitted by law to be in a polling place shall be excluded from

the polling place to the extent practicable.

(c) In any election, the location of a polling place established

under this section shall be fixed at one place for the duration

of the period that voting is required to be conducted at the

polling place.

(d) In a primary election, the general election for state and

county officers, or a special election to fill a vacancy in the

legislature or in congress:

(1) the commissioners court of a county with a population of

400,000 or more shall establish one or more early voting polling

places other than the main early voting polling place in each

state representative district containing territory covered by the

election, except that the polling place or places shall be

established in the state senatorial or congressional district, as

applicable, in a special election to fill a vacancy in the office

of state senator or United States representative;

(2) the commissioners court of a county with a population of

120,000 or more but less than 400,000 shall establish one or more

early voting polling places other than the main early voting

polling place in each commissioners precinct containing territory

covered by the election; and

(3) the commissioners court of a county with a population of

100,000 or more but less than 120,000 shall establish one or more

early voting polling places as described by Subdivision (2) in

each precinct for which the commissioners court receives in time

to enable compliance with Section 85.067 a written request for

that action submitted by at least 15 registered voters of that

precinct.

(e) In an election covered by Subsection (d), a temporary branch

polling place that is movable may be established only with the

approval of the county clerk. If a movable temporary branch

polling place is established on the request of a political party,

each other political party whose nominee for governor in the most

recent gubernatorial general election received more than 10

percent of the total number of votes received by all candidates

for governor in the election is entitled to establishment of such

a polling place. The election officers serving a polling place

covered by this subsection must be affiliated or aligned with

different political parties to the extent possible. The secretary

of state, after consulting the state chair of each affected

political party, shall prescribe the procedures necessary to

implement this subsection.

(f) In a countywide election, the total number of permanent

branch polling places and temporary branch polling places open

for voting at the same time in a commissioners precinct may not

exceed twice the number of permanent branch and temporary branch

polling places open at that time in another commissioners

precinct.

(g) In this subchapter, "temporary branch polling place" means

an early voting polling place established under this section.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 1.11, 1.12; Acts 1991,

72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th

Leg., ch. 1349, Sec. 35, eff. Sept. 1, 1997; Acts 1997, 75th

Leg., ch. 1350, Sec. 5, eff. Sept. 1, 1997; Acts 1997, 75th Leg.,

ch. 1381, Sec. 12, eff. Sept. 1, 1997.

Sec. 85.063. DAYS AND HOURS FOR VOTING: PERMANENT BRANCH. Early

voting by personal appearance at each permanent branch polling

place shall be conducted on the same days and during the same

hours as voting is conducted at the main early voting polling

place.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.11; Acts 1991, 72nd

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

Sec. 85.064. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH IN

POPULOUS COUNTY. (a) This section applies only to an election

in which the territory served by the early voting clerk is

situated in a county with a population of 100,000 or more. In an

election in which the territory served by the clerk is situated

in more than one county, this section applies if the sum of the

populations of the counties is 100,000 or more.

(b) Early voting by personal appearance at each temporary branch

polling place established under Section 85.062(d) shall be

conducted on the days that voting is required to be conducted at

the main early voting polling place under Section 85.005. The

authority establishing the temporary branch polling place shall

determine the hours during which the voting is to be conducted on

those days. The authority shall order voting to be conducted for

the same number of hours that voting is required to be conducted

on those days at the main early voting polling place under

Section 85.005 on receipt of a written request for those hours

submitted by at least 15 registered voters of the county. The

request must be submitted in time to enable compliance with

Section 85.067.

(c) Early voting by personal appearance at a temporary branch

polling place other than a temporary branch polling place

established under Section 85.062(d) may be conducted on any one

or more days and during any hours of the period for early voting

by personal appearance, as determined by the authority

establishing the branch.

(d) The authority authorized under Section 85.006 to order early

voting on a Saturday or Sunday may also order, in the manner

prescribed by that section, early voting to be conducted on a

Saturday or Sunday at any one or more of the temporary branch

polling places. In addition, the early voting clerk of a county

covered by Section 85.006(e) shall order such voting in

accordance with that subsection at each temporary branch polling

place established under Section 85.062(d).

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

by Acts 1989, 71st Leg., ch. 1142, Sec. 3, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 203, Sec. 1.13; Acts 1991, 72nd Leg.,

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

1349, Sec. 36, eff. Sept. 1, 1997.

Sec. 85.065. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH IN LESS

POPULOUS COUNTY. (a) This section applies only to an election

in which the territory served by the early voting clerk is

situated in a county with a population under 100,000. In an

election in which the territory served by the clerk is situated

in more than one county, this section applies if the sum of the

populations of the counties is under 100,000.

(b) Voting at a temporary branch polling place may be conducted

on any one or more days and during any hours of the period for

early voting by personal appearance, as determined by the

authority establishing the branch. The authority authorized under

Section 85.006 to order early voting on a Saturday or Sunday may

also order, in the manner prescribed by that section, early

voting to be conducted on a Saturday or Sunday at any one or more

of the temporary branch polling places.

(c) The schedules for conducting voting are not required to be

uniform among the temporary branch polling places.

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

by Acts 1989, 71st Leg., ch. 1142, Sec. 4, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 203, Sec. 1.14; Acts 1991, 72nd Leg.,

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

Sec. 85.066. VOTERS SERVED BY BRANCH POLLING PLACE. (a) Except

as provided by Subsection (b), any voter who is entitled to vote

an early voting ballot by personal appearance may do so at any

branch polling place in the territory served by the early voting

clerk.

(b) For a countywide election in a county with a population of

more than 2.5 million and a primary election in a county with a

population of more than 1 million in which temporary branch

polling places are established under Section 85.062(d)(1), the

commissioners court may limit voting at a temporary branch

polling place to the voters of particular state representative

districts. To the extent practicable, the state representative

districts shall be grouped so that the temporary branch polling

places in each group serve substantially equal numbers of voters.

A maximum of four groups of state representative districts may be

established under this subsection.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 1.15; Acts 1991, 72nd

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

Sec. 85.067. PUBLIC NOTICE OF BRANCH VOTING SCHEDULE. (a) The

early voting clerk shall post for each election a schedule

stating:

(1) the location of each permanent and temporary branch polling

place at which voting will be conducted and the election

precincts served by each branch polling place; and

(2) except as provided by Subsection (b), the dates and hours

that temporary branch voting will be conducted.

(b) The schedule is not required to include dates and hours for

which public notice is posted under Section 85.068.

(c) The schedule shall be posted continuously for a period

beginning not later than the fifth day before the first day of

the period for early voting by personal appearance and ending on

the last day of that period. The schedule may be amended after

the beginning of early voting by personal appearance to include

notice of additional temporary branch polling place locations,

dates, and hours, but any amendment must be made not later than

the fifth day before the date the voting is scheduled to begin at

the additional temporary branch.

(d) The schedule shall be posted on the bulletin board used for

posting notice of meetings of the governing body of the political

subdivision served by the authority ordering the election or, if

the early voting clerk is the county clerk or city secretary,

meetings of the commissioners court or city governing body, as

applicable.

(e) The early voting clerk shall make copies of the schedule

available to the public in reasonable quantities without charge

during the posting period.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 7(a), eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 1.16; Acts 1991, 72nd Leg.,

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

Sec. 85.068. PUBLIC NOTICE OF ADDITIONAL VOTING TIME ORDERED BY

CLERK. (a) The early voting clerk shall post notice for each

election stating any dates and the hours that voting on Saturday

or Sunday will be conducted under Section 85.064(d) or 85.065(b),

if the early voting clerk is a county clerk or city secretary

under Section 83.002 or 83.005.

(b) The notice is not required to include the dates and hours

that appear in the branch office voting schedule posted under

Section 85.067.

(c) The notice shall be posted as provided by Section 85.007(c).

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

by Acts 1989, 71st Leg., ch. 1142, Sec. 5, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 203, Sec. 1.17; Acts 1991, 72nd Leg.,

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

Sec. 85.070. DELIVERY OF APPLICATIONS TO MAIN POLLING PLACE.

Each early voting ballot application submitted at a branch

polling place shall be delivered by an election officer to the

main polling place not later than 1 p.m. on the day after the

date the application is submitted.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.11; Acts 1991, 72nd

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

Sec. 85.071. DELIVERY OF BALLOTS TO MAIN POLLING PLACE. (a)

During the period for early voting by personal appearance, the

ballots voted at a branch polling place, other than those cast on

a voting machine, shall be:

(1) retained securely at the branch polling place in a locked

room accessible only to election officers; or

(2) delivered by an election officer or designated law

enforcement officer to the main early voting polling place at the

close of voting each day.

(b) The unvoted ballots at the branch polling place, other than

voting machine ballots, shall be retained or delivered with the

voted ballots but in a separate locked container.

(c) All voted and unvoted ballots shall be delivered by an

election officer or designated law enforcement officer to the

main polling place at the close of voting on the last day of

voting at the branch polling place.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.11; Acts 1991, 72nd

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

Sec. 85.072. BRANCH DAILY REGISTER. (a) Each day early voting

is conducted at a branch polling place, an election officer in

charge of the branch shall prepare a register listing the voters

who cast ballots at the branch that day.

(b) The register must include for each voter the information

necessary for entering the voter's name on the early voting

roster for the election.

(c) The election officer preparing the register shall deliver it

to the early voting clerk at the close of each day's voting at

the branch polling place.

(d) The early voting clerk shall preserve each daily register

for the period for preserving the precinct election records.

(e) A current copy of the register shall be kept at the branch

polling place during the period voting is conducted there.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.11; Acts 1991, 72nd

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