CHAPTER 87. PROCESSING EARLY VOTING RESULTS - Texas Statutes

ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE A. EARLY VOTING

CHAPTER 87. PROCESSING EARLY VOTING RESULTS

SUBCHAPTER A. EARLY VOTING BALLOT BOARD

Sec. 87.001. BOARD CREATED; JURISDICTION. An early voting

ballot board shall be created in each election to process early

voting results from the territory served by 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. 2.14; Acts 1991, 72nd

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

Sec. 87.002. COMPOSITION OF BOARD. (a) The early voting ballot

board consists of a presiding judge and at least two other

members.

(b) Except as provided by Subsection (d), the presiding judge is

appointed in the same manner as a presiding election judge.

Except as provided by Subsection (c), the other members are

appointed by the presiding judge in the same manner as the

precinct election clerks.

(c) In the general election for state and county officers, each

county chair of a political party with nominees on the general

election ballot shall submit to the county election board a list

of names of persons eligible to serve on the early voting ballot

board. The county election board shall appoint at least one

person from each list to serve as a member of the early voting

ballot board. The same number of members must be appointed from

each list.

(d) In addition to the members appointed under Subsection (c),

the county election board shall appoint the presiding judge from

the list provided under that subsection by the political party

whose nominee for governor received the most votes in the county

in the most recent gubernatorial general election.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.14; Acts 1991, 72nd

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

ch. 1381, Sec. 19, eff. Sept. 1, 1997.

Sec. 87.003. ELIGIBILITY FOR BOARD MEMBERSHIP. To be eligible

for appointment to the early voting ballot board, 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 territory served by the early voting clerk 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. 2.14; Acts 1991, 72nd

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

Sec. 87.004. BOARD COMPOSED OF PRECINCT ELECTION OFFICERS. In

an election other than the general election for state and county

officers or a primary election, the authority ordering the

election may direct by resolution, order, or other official

action that the precinct election officers serving one of the

election precincts also serve as the early voting ballot board

for the election. In that case, the presiding election judge of

the precinct serves as the board's presiding officer.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.14; Acts 1991, 72nd

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

Sec. 87.005. COMPENSATION OF MEMBERS. (a) Members of the early

voting ballot board are entitled to the same compensation as

presiding election judges, except as provided by Subsection (b).

(b) If the board concludes its work in less than 10 hours, the

members may be paid greater compensation than that regularly

payable for the amount of time worked, but not to exceed the

amount payable for 10 hours' work.

(c) Precinct officers serving as board members under Section

87.004 may not be compensated for both positions.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.14; Acts 1991, 72nd

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

SUBCHAPTER B. DELIVERING MATERIALS TO BOARD

Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO BOARD.

The early voting clerk shall deliver to the early voting ballot

board:

(1) each ballot box, in accordance with Section 85.032(b),

containing the early voting ballots voted by personal appearance

and the clerk's key to each box;

(2) the jacket envelopes containing the early voting ballots

voted by mail;

(3) the poll lists prepared in connection with early voting by

personal appearance;

(4) the list of registered voters used in conducting early

voting; and

(5) a ballot transmittal form that includes a statement of the

number of early voting ballots voted by mail that are delivered

to the early voting ballot board and the number of names

appearing on the poll lists prepared in connection with early

voting by personal appearance.

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

by Acts 1989, 71st Leg., ch. 562, Sec. 2, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 203, Sec. 1.21; Acts 1991, 72nd Leg.,

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

Sec. 87.022. TIME OF DELIVERY: GENERAL RULE. Except as

provided by Section 87.0221, 87.0222, 87.023, or 87.024, the

materials shall be delivered to the early voting ballot board

under this subchapter during the time the polls are open on

election day, or as soon after the polls close as practicable, at

the time or times specified by the presiding judge of the board.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 1.22; Acts 1991, 72nd

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

Amended by:

Acts 2005, 79th Leg., Ch.

88, Sec. 1, eff. September 1, 2005.

Sec. 87.0221. TIME OF DELIVERY: PAPER BALLOTS. (a) In an

election in which regular paper ballots are used for early

voting, the materials may be delivered to the board between the

end of the period for early voting by personal appearance and the

closing of the polls on election day, or as soon after closing as

practicable, at the time or times specified by the presiding

judge of the board.

(b) The early voting clerk shall post notice of each delivery of

materials under this section that is to be made before the time

for opening the polls on election day. The notice shall be posted

at the main early voting polling place continuously for at least

24 hours immediately preceding the delivery.

(c) At least 24 hours before each delivery, the early voting

clerk shall notify the county chair of each political party

having a nominee on the ballot of the time the delivery is to be

made.

Added by Acts 1991, 72nd Leg., ch. 203, Sec. 1.23. Amended by

Acts 1997, 75th Leg., ch. 864, Sec. 78, eff. Sept. 1, 1997.

Sec. 87.0222. TIME OF DELIVERY: BALLOTS VOTED BY MAIL. (a)

Notwithstanding Section 87.024, in an election conducted by an

authority of a county with a population of 100,000 or more or

conducted jointly with such a county, the jacket envelopes

containing the early voting ballots voted by mail may be

delivered to the board between the end of the ninth day before

election day and the closing of the polls on election day, or as

soon after closing as practicable, at the time or times specified

by the presiding judge of the board.

(b) The early voting clerk shall post notice of each delivery of

materials under this section that is to be made before the time

for opening the polls on election day. The notice shall be

posted at the main early voting polling place continuously for at

least 24 hours immediately preceding the delivery.

(c) At least 24 hours before each delivery, the early voting

clerk shall notify the county chair of each political party

having a nominee on the ballot of the time the delivery is to be

made.

Added by Acts 2005, 79th Leg., Ch.

88, Sec. 2, eff. September 1, 2005.

Sec. 87.023. TIME OF DELIVERY: AUTOMATICALLY COUNTED BALLOTS.

(a) In an election in which early voting ballots are to be

counted by automatic tabulating equipment at a central counting

station, the ballots to be automatically counted may be delivered

to the board between the end of the period for early voting by

personal appearance and the closing of the polls on election day,

or as soon after closing as practicable, at intervals specified

by the presiding judge of the board.

(b) The early voting clerk shall post notice of each delivery of

ballots under this section that is to be made before the time for

opening the polls on election day. The notice shall be posted at

the main early voting polling place continuously for at least 24

hours immediately preceding the delivery.

(c) At least 24 hours before the first delivery of ballots

covered by Subsection (b), the early voting clerk shall notify

the county chair of each political party having a nominee on the

ballot of the time the first delivery is to be made.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.15; Acts 1991, 72nd

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

ch. 864, Sec. 79, eff. Sept. 1, 1997.

Sec. 87.024. TIME OF DELIVERY: VOTING MACHINE ELECTION. (a) In

an election in which early voting votes by personal appearance

are cast on voting machines, the jacket envelopes containing the

early voting ballots voted by mail may be delivered to the board

between the end of the period for early voting by personal

appearance and the closing of the polls on election day, or as

soon after closing as practicable, at a time specified by the

presiding judge of the board.

(b) The early voting clerk shall post notice of the delivery of

materials under this section that is to be made before the time

for opening the polls on election day. The notice shall be posted

at the main early voting polling place continuously for at least

24 hours immediately preceding the delivery.

(c) At least 24 hours before the delivery, the early voting

clerk shall notify the county chair of each political party

having a nominee on the ballot of the time the delivery is to be

made.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.15; Acts 1991, 72nd

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

ch. 864, Sec. 80, eff. Sept. 1, 1997.

Sec. 87.0241. PROCESSING BALLOTS BEFORE POLLS OPEN. (a) The

early voting ballot board may determine whether to accept early

voting ballots voted by mail in accordance with Section 87.041 at

any time after the ballots are delivered to the board.

(b) The board may not count early voting ballots until:

(1) the polls open on election day; or

(2) in an election conducted by an authority of a county with a

population of 100,000 or more or conducted jointly with such a

county, the end of the period for early voting by personal

appearance.

(c) The secretary of state shall prescribe any procedures

necessary for implementing this section in regard to elections

described by Subsection (b)(2).

Added by Acts 1991, 72nd Leg., ch. 203, Sec. 1.23. Amended by

Acts 1997, 75th Leg., ch. 1349, Sec. 39, eff. Sept. 1, 1997; Acts

2003, 78th Leg., ch. 1316, Sec. 25, eff. Sept. 1, 2003.

Sec. 87.025. DELIVERING SECOND BALLOT BOX KEY TO BOARD. On

request of the presiding officer of the early voting ballot

board, the custodian of the key to the second lock on the early

voting ballot boxes shall deliver the custodian's key for each

box to the presiding officer.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.15; Acts 1991, 72nd

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

ch. 864, Sec. 81, eff. Sept. 1, 1997.

Sec. 87.026. BYSTANDERS EXCLUDED. Except as permitted by this

code, a person may not be in the meeting place of an early voting

ballot board during the time of the board's operations.

Added by Acts 1987, 70th Leg., ch. 472, Sec. 33, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.15; Acts

1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 87.027. SIGNATURE VERIFICATION COMMITTEE. (a) Except as

provided by Subsection (a-1), a signature verification committee

may be appointed in any election. The early voting clerk is the

authority responsible for determining whether a signature

verification committee is to be appointed. If the clerk

determines that a committee is to be appointed, the clerk shall

issue a written order calling for the appointment.

(a-1) A signature verification committee shall be appointed in

the general election for state and county officers on submission

to the early voting clerk of a written request for the committee

by at least 15 registered voters of the county. The request must

be submitted not later than the preceding October 1, and a

request submitted by mail is considered to be submitted at the

time of its receipt by the clerk.

(b) The following authority is responsible for appointing the

members of a signature verification committee:

(1) the county election board, in an election for which the

board is established;

(2) the county chair, in a primary election; and

(3) the governing body of the political subdivision, in an

election ordered by an authority of a political subdivision other

than a county.

(c) Not later than the fifth day after the date the early voting

clerk issues the order calling for the appointment of a signature

verification committee, or not later than October 15 for a

committee required under Subsection (a-1), the appropriate

authority shall appoint the members of the committee and

designate one of the appointees as chair, subject to Subsection

(d). The authority shall fill a vacancy on the committee by

appointment as soon as possible after the vacancy occurs, subject

to Subsection (d). The early voting clerk shall post notice of

the name and residence address of each appointee. The notice must

remain posted continuously for the period beginning the day after

the date of the appointment and ending on the last day of the

committee's operation in the election.

(d) The early voting clerk shall determine the number of members

who are to compose the signature verification committee and shall

state that number in the order calling for the committee's

appointment. A committee must consist of not fewer than five

members. In an election in which party alignment is indicated on

the ballot, each county chair of a political party with a nominee

or aligned candidate on the ballot shall submit to the appointing

authority a list of names of persons eligible to serve on the

signature verification committee. The authority shall appoint at

least two persons from each list to serve as members of the

committee. The same number of members must be appointed from each

list. The authority shall appoint the chair of the committee from

the list provided by the political party whose nominee for

governor received the most votes in the county in the most recent

gubernatorial general election. A vacancy on the committee shall

be filled by appointment from the original list or from a new

list submitted by the appropriate county chair.

(e) To be eligible to serve on a signature verification

committee, a person must be a qualified voter:

(1) of the county, in a countywide election ordered by the

governor or a county authority or in a primary election;

(2) of the part of the county in which the election is held, for

an election ordered by the governor or a county authority that

does not cover the entire county of the person's residence; or

(3) of the political subdivision, in an election ordered by an

authority of a political subdivision other than a county.

(f) The early voting clerk shall determine the place, day or

days, and hours of operation of the signature verification

committee and shall state that information in the order calling

for the committee's appointment. A committee may not begin

operating before the 20th day before election day.

(g) The early voting clerk shall post a copy of the order

calling for the appointment of the signature verification

committee. The copy must remain posted continuously for at least

10 days before the first day the committee meets.

(h) If a signature verification committee is appointed for the

election, the early voting clerk shall deliver the jacket

envelopes containing the early voting ballots voted by mail to

the committee instead of to the early voting ballot board.

Deliveries may be made only during the period of the committee's

operation at times scheduled in advance of delivery by the early

voting clerk. The clerk shall post notice of the time of each

delivery. The notice must remain posted continuously for at least

two days before the date of the delivery.

(i) The signature verification committee shall compare the

signature on each carrier envelope certificate, except those

signed for a voter by a witness, with the signature on the

voter's ballot application to determine whether the signatures

are those of the same person. The committee may also compare the

signatures with the signature on the voter's registration

application to confirm that the signatures are those of the same

person but may not use the registration application signature to

determine that the signatures are not those of the same person.

Except as provided by Subsection (l), a determination under this

subsection that the signatures are not those of the same person

must be made by a majority vote of the committee's membership.

The committee shall place the jacket envelopes, carrier

envelopes, and applications of voters whose signatures are not

those of the same person in separate containers from those of

voters whose signatures are those of the same person. The

committee chair shall deliver the sorted materials to the early

voting ballot board at the time specified by the board's

presiding judge.

(j) If a signature verification committee is appointed, the

early voting ballot board shall follow the same procedure for

accepting the early voting ballots voted by mail as in an

election without a signature verification committee, except that

the board may not determine whether a voter's signatures on the

carrier envelope certificate and ballot application are those of

the same person if the committee has determined that the

signatures are those of the same person. If the committee has

determined that the signatures are not those of the same person,

the board may make a determination that the signatures are those

of the same person by a majority vote of the board's membership.

(k) Postings required by this section shall be made on the

bulletin board used for posting notice of meetings of the

commissioners court, in an election for which the county election

board is established or a primary election, or of the governing

body of the political subdivision in other elections.

(l) If more than 12 members are appointed to serve on the

signature verification committee, the early voting clerk may

designate two or more subcommittees of not less than six members.

If subcommittees have been designated, a determination under

Subsection (i) is made by a majority of the subcommittee.

Added by Acts 1987, 70th Leg., ch. 472, Sec. 33, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 1.24; Acts

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

75th Leg., ch. 864, Sec. 82, eff. Sept. 1, 1997; Acts 1997, 75th

Leg., ch. 1381, Sec. 20, eff. Sept. 1, 1997; Acts 2003, 78th

Leg., ch. 1316, Sec. 26, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

88, Sec. 3, eff. September 1, 2005.

SUBCHAPTER C. ACCEPTING EARLY VOTING BALLOT VOTED BY MAIL

Sec. 87.041. ACCEPTING VOTER. (a) The early voting ballot

board shall open each jacket envelope for an early voting ballot

voted by mail and determine whether to accept the voter's ballot.

(b) A ballot may be accepted only if:

(1) the carrier envelope certificate is properly executed;

(2) neither the voter's signature on the ballot application nor

the signature on the carrier envelope certificate is determined

to have been executed by a person other than the voter, unless

signed by a witness;

(3) the voter's ballot application states a legal ground for

early voting by mail;

(4) the voter is registered to vote, if registration is required

by law;

(5) the address to which the ballot was mailed to the voter, as

indicated by the application, was outside the voter's county of

residence, if the ground for early voting is absence from the

county of residence;

(6) for a voter to whom a statement of residence form was

required to be sent under Section 86.002(a), the statement of

residence is returned in the carrier envelope and indicates that

the voter satisfies the residence requirements prescribed by

Section 63.0011; and

(7) the address to which the ballot was mailed to the voter is

an address that is otherwise required by Sections 84.002 and

86.003.

(c) If a ballot is accepted, the board shall enter the voter's

name on the poll list unless the form of the list makes it

impracticable to do so. The names of the voters casting ballots

by mail shall be listed separately on the poll list from those

casting ballots by personal appearance.

(d) A ballot shall be rejected if any requirement prescribed by

Subsection (b) is not satisfied. In that case, the board shall

indicate the rejection by entering "rejected" on the carrier

envelope and on the corresponding jacket envelope.

(e) In making the determination under Subsection (b)(2), the

board may also compare the signatures with the signature on the

voter's registration application to confirm that the signatures

are those of the same person but may not use the registration

application signature to determine that the signatures are not

those of the same person.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 34, eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 1.25; Acts 1991, 72nd Leg.,

ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch.

797, Sec. 42, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1381,

Sec. 22, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1316, Sec.

27, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.19, eff. September 1, 2005.

Sec. 87.042. DISPOSITION OF ACCEPTED BALLOT. (a) The early

voting ballot board shall open each carrier envelope containing

an accepted ballot without defacing the certificate on the

carrier envelope and remove the ballot envelope from the carrier

envelope.

(b) Except as provided by Subsection (c), the board shall place

the ballot envelope containing an accepted ballot in the ballot

box containing the early voting ballots voted by personal

appearance.

(c) The ballot envelope must be placed in a separate container

if:

(1) the ballots are to be counted at a central counting station;

or

(2) the procedure for counting the early voting votes cast by

personal appearance is different from that for counting the votes

cast by mail.

(d) An accepted ballot that was not returned in the official

ballot envelope shall be treated as an accepted ballot that was

returned in the ballot envelope.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.17; Acts 1991, 72nd

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

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.20, eff. September 1, 2005.

Sec. 87.043. DISPOSITION OF REJECTED BALLOT. (a) The early

voting ballot board shall place the carrier envelopes containing

rejected ballots in an envelope and shall seal the envelope. More

than one envelope may be used if necessary.

(b) The envelope for the rejected ballots must indicate the date

and identity of the election and must be labeled "rejected early

voting ballots" and signed by the board's presiding judge.

(c) A board member shall deliver the envelope containing the

rejected ballots to the general custodian of election records to

be preserved for the period for preserving the precinct election

records. The envelope may not be placed in the box containing the

voted ballots.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 8(c), eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.17; Acts 1991, 72nd Leg.,

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

Sec. 87.0431. NOTICE OF REJECTED BALLOT. Not later than the

10th day after election day, the presiding judge of the early

voting ballot board shall deliver written notice of the reason

for the rejection of a ballot to the voter at the residence

address on the ballot application.

Added by Acts 1991, 72nd Leg., ch. 203, Sec. 1.26, eff. Sept. 1,

1991.

Sec. 87.044. DISPOSITION OF APPLICATION. (a) The early voting

ballot board shall place each application for a ballot voted by

mail in its corresponding jacket envelope. If the voter's ballot

was accepted, the board shall also place the carrier envelope in

the jacket envelope. However, if the jacket envelope is to be

used in a subsequent election, the carrier envelope shall be

retained elsewhere.

(b) A board member shall deliver the jacket envelope, carrier

envelope, and application in a container other than that used for

the voted ballots to the general custodian of election records,

to be retained for the period for preserving the precinct

election records.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 8(d), eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.17; Acts 1991, 72nd Leg.,

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

SUBCHAPTER D. PROCESSING MANUALLY COUNTED BALLOTS

Sec. 87.061. AUTHORITY RESPONSIBLE FOR COUNTING BALLOTS. The

early voting ballot board shall count the early voting ballots

that are to be counted manually.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.18; Acts 1991, 72nd

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

Sec. 87.062. COUNTING BALLOTS AND PREPARING RETURNS. (a) On

the direction of the presiding judge, the early voting ballot

board, in accordance with Section 85.032(b), shall open the

container for the early voting ballots that are to be counted by

the board, remove the contents from the container, and remove any

ballots enclosed in ballot envelopes from their envelopes.

(b) The board shall count the ballots and prepare the returns in

accordance with the procedure applicable to paper ballots cast at

a precinct polling place.

(c) The results of all early voting ballots counted by the board

under this subchapter shall be included in the same return.

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

by Acts 1989, 71st Leg., ch. 562, Sec. 3, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.18; Acts 1991, 72nd Leg.,

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

Sec. 87.063. DISPOSITION OF BALLOTS AND OTHER ITEMS. (a)

Except as provided by Subsection (b), the presiding judge of the

early voting ballot board shall deliver the early voting ballots

counted by the board, early voting election returns, other early

voting election records, and ballot box keys, to the appropriate

authorities in accordance with the procedures applicable to

distribution of corresponding items from a precinct polling place

using paper ballots.

(b) If part of the early voting ballots are counted by automatic

tabulating equipment at a central counting station, instead of

delivering a copy of the early voting election returns and other

early voting election records to the canvassing authority and to

the general custodian of election records, those records shall be

delivered to the presiding judge of the central counting station.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.18; Acts 1991, 72nd

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

SUBCHAPTER F. PROCESSING BALLOTS COUNTED AT CENTRAL COUNTING

STATION

Sec. 87.101. DELIVERY OF BALLOTS TO COUNTING STATION. On the

direction of the presiding judge, the early voting ballot board

shall deliver to the central counting station the container for

the early voting electronic system ballots that are to be counted

by automatic tabulating equipment at a central counting station.

The board shall make the delivery without opening the container

and in accordance with the procedure applicable to electronic

system ballots cast at a precinct polling place.

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

by Acts 1989, 71st Leg., ch. 562, Sec. 4, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.20; Acts 1991, 72nd Leg.,

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

1316, Sec. 28, eff. Sept. 1, 2003.

Sec. 87.102. DUPLICATING PAPER BALLOTS FOR AUTOMATIC COUNTING.

(a) The authority adopting an electronic voting system in which

ballots are counted at a central counting station may direct by

resolution, order, or other official action that the early voting

regular paper ballots cast in an election be duplicated as

electronic system ballots for automatic counting at the central

counting station.

(b) Early voting ballots that are to be duplicated under this

section shall be delivered to the central counting station as

prescribed by Section 87.101 and shall be treated in the same

manner as damaged electronic system ballots that are duplicated

for automatic counting.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.20; Acts 1991, 72nd

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

Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a) The

early voting electronic system ballots counted at a central

counting station shall be tabulated separately from the ballots

cast at precinct polling places and shall be separately reported

on the returns.

(b) The early voting returns prepared at the central counting

station must include any early voting results obtained by the

early voting ballot board under Subchapters D and E.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.20; Acts 1991, 72nd

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

Sec. 87.104. DISPOSITION OF EARLY VOTING BALLOT BOARD RETURNS

AND OTHER RECORDS. Early voting returns or other early voting

election records to be delivered to the central counting station

under Section 87.063(b) or 87.084(b) shall be delivered to the

appropriate authorities with the counting station records.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.20; Acts 1991, 72nd

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

SUBCHAPTER G. MISCELLANEOUS PROVISIONS

Sec. 87.121. EARLY VOTING ROSTERS. (a) The early voting clerk

shall maintain for each election a roster listing each person who

votes an early voting ballot by personal appearance and a roster

listing each person to whom an early voting ballot to be voted by

mail is sent.

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

(1) the person's name, address, and voter registration number;

(2) an identification of the person's county election precinct

of registration; and

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

person, as applicable.

(c) Each roster shall be updated daily.

(d) Each roster may be maintained in any form approved by the

secretary of state.

(e) The clerk shall preserve each roster after the election for

the period for preserving the precinct election records.

(f) Information on the roster for a person to whom an early

voting mail ballot has been sent is not available for public

inspection, except to the voter seeking to verify that the

information pertaining to the voter is accurate, until the first

business day after election day.

(g) Information on the roster for a person who votes an early

voting ballot by personal appearance shall be made available for

public inspection not later than the beginning of regular

business hours on the day after the date the information is

entered on the roster under Subsection (c).

(h) Information on the roster for a person who votes an early

voting ballot by mail shall be made available for public

inspection not later than the day following the day the early

voting clerk receives a ballot voted by mail.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 1.28; Acts 1991, 72nd

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

ch. 565, Sec. 6, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.

864, Sec. 83, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381,

Sec. 23, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 958, Sec.

1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 393, Sec. 17,

18, eff. Sept. 1, 2003.

Sec. 87.122. PRECINCT EARLY VOTING LIST. (a) For each election

precinct in the territory served by the early voting clerk, the

clerk shall prepare a list containing the name, address, and

voter registration number of each person registered in the

precinct who votes an early voting ballot by personal appearance

and to whom an early voting ballot to be voted by mail is sent.

(b) If an election precinct is situated in more than one county

election precinct, the list must indicate each voter's county

election precinct of residence.

(c) The clerk shall deliver the list to the presiding judge of

the election precinct not later than the day before election day.

(d) The clerk shall preserve a copy of each precinct early

voting list prepared for the general election for state and

county officers for two years after election day.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.21; Acts 1991, 72nd

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

Sec. 87.1221. DISPOSITION OF BALLOT TRANSMITTAL FORM. (a) The

presiding judge of the early voting ballot board shall enter on

the ballot transmittal form the following information:

(1) the number of personal appearance ballots received;

(2) the number of mail ballots received;

(3) the number of mail ballots accepted;

(4) the number of mail ballots rejected; and

(5) the number of ballots counted or delivered to the central

counting station, as applicable.

(b) A board member shall deliver the transmittal form to the

general custodian of election records to be preserved for the

period for preserving the precinct election records.

Added by Acts 1991, 72nd Leg., ch. 203, Sec. 1.29.

Sec. 87.123. DELIVERING OTHER RECORDS AND SUPPLIES. Not later

than the second day after election day, the early voting clerk

shall deliver:

(1) the early voting records and supplies, other than those

required to be delivered to the early voting ballot board, to the

authority to whom the corresponding precinct election records are

delivered after the election; and

(2) the applications for early voting ballots voted by personal

appearance to the general custodian of election records, to be

retained for the period for preserving the precinct election

records.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.21; Acts 1991, 72nd

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

Sec. 87.1231. EARLY VOTING VOTES REPORTED BY PRECINCT. Not

later than the time of the local canvass, the early voting clerk

shall deliver to the local canvassing authority a report of the

total number of early voting votes for each candidate or measure

by election precinct. The report may reflect the total for votes

by mail and the total for votes by personal appearance.

Added by Acts 1989, 71st Leg., ch. 114, Sec. 12, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 1.30; Acts

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

75th Leg., ch. 1349, Sec. 40, eff. Sept. 1, 1997; Acts 2003, 78th

Leg., ch. 1316, Sec. 29, 44, eff. Sept. 1, 2003.

Sec. 87.124. PRESERVATION OF EARLY VOTING ELECTION RECORDS

GENERALLY. The early voting election returns, voted early voting

ballots, and other early voting election records shall be

preserved after the election in the same manner as the

corresponding precinct election records.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.21; Acts 1991, 72nd

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

Sec. 87.125. COUNTING OF CERTAIN LATE BALLOTS VOTED BY MAIL.

(a) The early voting ballot board shall convene to count ballots

voted by mail described by Section 86.007(d) at the time set by

the presiding judge of the board on the sixth day after the date

of an election or on an earlier day if the early voting clerk

certifies that all ballots mailed from outside the United States

have been received.

(b) On counting the ballots under Subsection (a), the early

voting ballot board shall report the results to the local

canvassing authority for the election.

(c) If the date prescribed by Subsection (a) for convening the

early voting ballot board is a Saturday, Sunday, or legal state

or national holiday, the early voting ballot board shall convene

on the next regular business day.

Added by Acts 1997, 75th Leg., ch. 1349, Sec. 41, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 30, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 1, Sec. 5,

eff. Jan. 11, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

1062, Sec. 2, eff. September 1, 2005.