CHAPTER 127. PROCESSING ELECTRONIC VOTING SYSTEM RESULTS - Texas Statutes

ELECTION CODE

TITLE 8. VOTING SYSTEMS

CHAPTER 127. PROCESSING ELECTRONIC VOTING SYSTEM RESULTS

SUBCHAPTER A. ESTABLISHMENT AND ORGANIZATION OF CENTRAL COUNTING

STATION

Sec. 127.001. ESTABLISHMENT OF CENTRAL COUNTING STATION. (a)

The authority adopting an electronic voting system for use in an

election may establish, in accordance with this subchapter, one

or more central counting stations for counting the ballots if the

voting system is designed to have ballots counted at a central

location.

(b) If the adopting authority does not establish a central

counting station for the election, the authority shall designate

one or more counting stations established by another authority.

(c) The central counting station must be located in the county

in which the political subdivision served by the authority

adopting the voting system is wholly or partly situated or in a

county contiguous to that county.

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

Sec. 127.002. COUNTING STATION MANAGER. (a) The authority

establishing a central counting station shall appoint a manager

of the station. Except as otherwise provided by this section, the

eligibility requirements prescribed by this code for precinct

election judges apply to a person appointed under this section.

(b) To be eligible for appointment, a person must:

(1) have knowledge and experience in the conduct of elections

with the electronic voting system for which the counting station

is established; and

(2) be a registered voter of the political subdivision served by

the authority establishing the counting station, except during

the first year following the adoption of the voting system.

(c) Employees of a political subdivision are not disqualified

from appointment and, if appointed, may be paid additional

compensation for their services.

(d) The general custodian of election records is eligible for

appointment notwithstanding the custodian's status as a candidate

or officeholder.

(e) The manager is in charge of the overall administration of

the central counting station and the general supervision of the

personnel working at the station.

(f) The manager is entitled to compensation in an amount fixed

by the authority establishing the counting station.

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

by Acts 1987, 70th Leg., ch. 492, Sec. 1, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 48, eff. Sept. 1, 1993.

Sec. 127.003. TABULATION SUPERVISOR. (a) The authority

establishing a central counting station shall appoint a

tabulation supervisor of the station. Except as otherwise

provided by this section, the eligibility requirements prescribed

by this code for precinct election judges apply to a person

appointed under this section.

(b) To be eligible for appointment, a person must be trained in

the operation of the automatic tabulating equipment installed at

the counting station.

(c) Employees of a political subdivision are not disqualified

from appointment and, if appointed, may be paid additional

compensation for their services.

(d) The tabulation supervisor is in charge of the operation of

the automatic tabulating equipment at the counting station.

(e) The tabulation supervisor is entitled to compensation in an

amount fixed by the authority establishing the counting station.

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

by Acts 1987, 70th Leg., ch. 492, Sec. 2, eff. Sept. 1, 1987.

Sec. 127.004. ASSISTANTS TO TABULATION SUPERVISOR. (a) The

tabulation supervisor may appoint one or more assistants, each of

whom must be approved by the authority establishing the central

counting station.

(b) To be eligible for appointment, a person must have the

competence, training, and experience required for the proper

performance of the work assigned.

(c) Employees of the political subdivision are not disqualified

from appointment and, if appointed, may be paid additional

compensation for their services.

(d) An assistant shall assist the tabulation supervisor in the

operation of the automatic tabulating equipment as directed by

the tabulation supervisor.

(e) An assistant is entitled to compensation in an amount fixed

by the authority establishing the counting station.

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

by Acts 1987, 70th Leg., ch. 492, Sec. 3, eff. Sept. 1, 1987.

Sec. 127.005. PRESIDING JUDGE OF COUNTING STATION. (a) The

authority appointing the presiding judges to serve in an election

shall appoint a presiding judge of each central counting station

operating in the election.

(b) Except as otherwise provided by this section, the

eligibility requirements prescribed by this code for precinct

presiding judges apply to a presiding judge of a central counting

station. To be eligible to serve as a judge under this section, a

person must be a qualified voter of the political subdivision

served by the authority adopting the voting system. The general

custodian of election records and employees of the custodian are

eligible to serve as a judge under this section notwithstanding

the custodian's status as a candidate or officeholder.

(c) The presiding judge shall maintain order at the counting

station and has the same authority as a precinct presiding judge

in that respect and in the administration of oaths. The presiding

judge may confer with and advise the manager or tabulation

supervisor on any activity at the counting station.

(d) The presiding judge is entitled to compensation at the same

rate as a precinct presiding judge, except that the counting

station judge is entitled to a minimum compensation of five

hours' pay regardless of the amount of time worked.

(e) For an election in which election judges appointed under

Section 32.002 serve, the presiding judge and an alternate

presiding judge shall be appointed for each central counting

station operating in the election in the same manner as a

presiding judge and alternate presiding judge under Section

32.002.

(f) An alternate presiding judge appointed under Subsection (e)

serves:

(1) as presiding judge for the counting station if the regularly

appointed presiding judge cannot serve; or

(2) in another position established under this subchapter.

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

by Acts 1987, 70th Leg., ch. 492, Sec. 4, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 49, eff. Sept. 1, 1993; Acts

2003, 78th Leg., ch. 967, Sec. 1, eff. Sept. 1, 2003.

Sec. 127.006. COUNTING STATION CLERKS. (a) Both the manager

and the presiding judge may appoint clerks to serve at the

central counting station.

(b) Except as otherwise provided by this section, the

eligibility requirements prescribed by this code for precinct

election clerks apply to clerks serving at a central counting

station. To be eligible to serve as a clerk under this section, a

person must be a qualified voter of the county in which the

central counting station is located. The general custodian of

election records, an employee of the custodian, or any other

employee of a political subdivision is not ineligible to serve as

a clerk under this section because the person is a qualified

voter of a county other than the county in which the central

counting station is located or because of the custodian's status

as a candidate or officeholder.

(c) A clerk appointed by the manager serves under the manager

and shall perform the functions directed by the manager. A clerk

appointed by the presiding judge serves under the presiding judge

and shall perform the functions directed by the presiding judge.

(d) A clerk is entitled to compensation at the same rate as a

precinct election clerk, except that a clerk who serves for the

entire time a counting station is in operation is entitled to a

minimum compensation of three hours' pay regardless of the amount

of time worked.

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

by Acts 1987, 70th Leg., ch. 492, Sec. 5, eff. Sept. 1, 1987;

Acts 1997, 75th Leg., ch. 1349, Sec. 47, eff. Sept. 1, 1997.

Sec. 127.007. PLAN FOR COUNTING STATION OPERATION. The manager

shall establish and implement a written plan for the orderly

operation of the central counting station.

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

SUBCHAPTER C. SEALED BALLOT BOXES

Sec. 127.061. SEALED BALLOT BOXES REQUIRED. Sealed ballot boxes

shall be used to deliver electronic system ballots from the

polling place to the central counting station in accordance with

this subchapter.

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

by Acts 2001, 77th Leg., ch. 1054, Sec. 6, eff. Sept. 1, 2001.

Sec. 127.063. DESIGN OF BALLOT BOX. A sealed ballot box used

under this subchapter must be equipped with a lock to prevent

opening the box without a key and designed and constructed so

that:

(1) the ballots can be deposited and delivered without damage

that will render them unfit for processing in automatic

tabulating equipment;

(2) the box can be sealed to detect any unauthorized opening of

the box; and

(3) the slot used by voters to deposit ballots can be sealed to

prevent any unauthorized deposit in the box.

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

Sec. 127.064. SEALS FOR BALLOT BOXES. (a) A seal shall be

provided for each ballot box used under this subchapter.

(b) The seals for the boxes must be serially numbered for each

election.

(c) The authority responsible for distributing election supplies

to the polling places shall prepare a record of the serial

numbers of the seals and preserve the record for the period for

preserving the precinct election records. The authority shall

provide each central counting station with a copy of the record

before ballots are delivered to the station for processing.

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

Sec. 127.065. SEALING BALLOT BOX; DELIVERY TO POLLING PLACE.

(a) An adequate number of sealed ballot boxes shall be provided

for each polling place at which sealed boxes are to be used.

(b) Before the ballot boxes are delivered to the polling places,

the authority responsible for distributing election supplies to

the polling places shall inspect and empty each box. The

authority shall then lock the empty box and seal it so that the

box cannot be opened without breaking the seal.

(c) Once sealed, the ballot boxes may not be opened except as

provided by Section 127.068.

(d) After the ballot boxes are locked and sealed, the authority

responsible for distributing election supplies shall have the

ballot boxes delivered to the polling places and have the keys

delivered to the presiding judge of the central counting station.

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

Sec. 127.066. SEALING DEPOSIT SLOT; DELIVERY OF SEALED BALLOT

BOX TO COUNTING STATION. (a) Immediately on completion of

voting at a polling place using sealed ballot boxes or, if the

presiding judge inactivates a sealed ballot box before completion

of voting, immediately on inactivation, an election officer shall

seal the deposit slot in each box so that nothing can be

deposited through the slot without breaking the seal.

(b) The presiding judge, an election clerk, and not more than

two watchers, if one or more watchers are present, shall sign the

seal. The watchers must be of opposing interests if such watchers

are present.

(c) After the box is sealed, it shall be delivered to the

central counting station by two election officers. The officers

shall deliver the box to the presiding judge of the central

counting station or to the judge's designee.

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

by Acts 2003, 78th Leg., ch. 1316, Sec. 34, eff. Sept. 1, 2003.

Sec. 127.067. DISPOSITION OF ELECTION RECORDS. (a) An election

officer shall place the precinct election records in the

appropriate envelopes or other containers provided for that

purpose.

(b) Except as provided by Subsection (c), the precinct election

records shall be delivered to the presiding judge of the central

counting station with the delivery of the last sealed ballot box.

(c) The appropriate election records shall be retained by the

presiding judge or placed in ballot box no. 4, as applicable, in

the same manner as for a polling place using regular paper

ballots.

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

Sec. 127.068. RECEIVING SEALED BALLOT BOX AT COUNTING STATION.

(a) On receipt of a sealed ballot box, the presiding judge of

the central counting station or the judge's designee shall give a

signed receipt for the box to one of the delivering officers. The

presiding judge at the polling place shall preserve the receipt

for the period for preserving the precinct election records.

(b) Before opening the ballot box, the presiding judge of the

counting station or the judge's designee shall inspect the box,

the seal of the box, and the seal of the deposit slot to

determine if they are intact and shall determine if the serial

number on the seal of the box corresponds with the number

indicated on the record of serial numbers at the counting

station. If the box and both seals are intact and the serial

numbers correspond, the judge or designee shall break the seals,

unlock the lock, and open the box.

(c) If any irregularities are discovered, the presiding judge

shall take appropriate action in accordance with procedures

prescribed by the secretary of state.

(d) The presiding judge of the counting station shall preserve

both seals for the period for preserving the precinct election

records.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 91, eff. Sept. 1, 1997.

Sec. 127.069. SORTING BALLOTS. (a) After opening a sealed

ballot box, the presiding judge of the central counting station

shall sort the damaged ballots, the ballots containing write-in

votes, and any other ballots requiring special handling and place

them in the appropriate envelopes or other containers provided

for that purpose.

(b) After the ballots are sorted, the presiding judge shall

deliver them to the manager of the central counting station.

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

SUBCHAPTER D. TESTING TABULATING EQUIPMENT

Sec. 127.091. TEST OF TABULATING EQUIPMENT REQUIRED. The

automatic tabulating equipment used for counting ballots at a

central counting station shall be tested as provided by this

subchapter.

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

Sec. 127.092. TESTING AUTHORITIES. The programmer, tabulation

supervisor, counting station manager, and presiding judge of the

central counting station shall prepare and conduct the test

jointly.

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

Sec. 127.093. TIMES FOR CONDUCTING TEST. (a) The test shall be

conducted three times for each election.

(b) The first test shall be conducted at least 48 hours before

the automatic tabulating equipment is used to count ballots voted

in the election.

(c) The second test shall be conducted immediately before the

counting of ballots with the equipment begins.

(d) The third test shall be conducted immediately after the

counting of ballots with the equipment is completed.

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

Sec. 127.094. DESIGN OF TEST. (a) The test must be designed to

determine whether the automatic tabulating equipment accurately

counts ballots and otherwise functions properly.

(b) A group of test ballots shall be counted with the equipment

using the program prepared for processing the ballots voted in

the election. The test ballots must be printed on the same stock

as the official ballots for the election.

(c) The group of test ballots must contain a predetermined

number of valid votes for each candidate and for and against each

proposition on the ballot for the election. The test group must

also contain ballots with votes in excess of the allowable number

and with other improper votes.

(d) The same test shall be administered each time the equipment

is tested for the same election.

(e) The secretary of state may prescribe additional requirements

for the test.

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

Sec. 127.095. DETERMINING SUCCESS OF TEST. (a) A test is

successful if a perfect count of the test ballots is obtained and

the automatic tabulating equipment otherwise functions properly

during the counting of the test ballots.

(b) The testing authorities shall determine whether a test is

successful.

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

Sec. 127.096. CONDUCT OF FIRST TEST. (a) The custodian of the

automatic tabulating equipment shall publish notice of the date,

hour, and place of the test conducted under Section 127.093(b) in

a newspaper, as provided by general law for official publications

by political subdivisions, at least 48 hours before the date of

the test.

(b) The test is open to the public.

(c) The automatic tabulating equipment may not be used to count

ballots voted in the election until a test is successful.

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

by Acts 1993, 73rd Leg., ch. 728, Sec. 50, eff. Sept. 1, 1993.

Sec. 127.097. CONDUCT OF SECOND TEST. (a) The automatic

tabulating equipment may not be used to count ballots voted in

the election until a test conducted under Section 127.093(c) is

successful.

(b) If the initial test is unsuccessful, the presiding judge

shall prepare a written record of the changes to the program,

adjustments to the equipment, and other actions taken to achieve

a successful test. The record shall be retained with the test

materials.

(c) When a test is successful, the presiding judge shall certify

in writing that a test was successful and the date and hour the

test was completed. The certification shall be retained with the

test materials.

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

Sec. 127.098. CONDUCT OF THIRD TEST; VOID BALLOT COUNT. (a) If

the initial test conducted under Section 127.093(d) is

unsuccessful, the count of ballots voted in the election obtained

with the automatic tabulating equipment is void.

(b) If the initial test is successful, the automatic count of

ballots voted in the election is valid for the purpose of

certifying the election returns prepared at the central counting

station. The presiding judge shall certify in writing that the

initial test was successful and the date and hour the test was

completed. The certification shall be retained with the test

materials.

(c) If the ballot count is void under Subsection (a), the

testing authorities shall follow the procedure prescribed by

Section 127.097. When a test is successful, the ballots to be

counted automatically shall immediately be counted. Immediately

on completing the automatic count, the equipment shall again be

tested, and if the initial test is successful the automatic count

is valid for the purpose of certifying the election returns.

Otherwise, the automatic ballot count is void.

(d) The procedure prescribed by Subsection (c) shall be repeated

until a valid automatic count is obtained or the testing

authorities determine that obtaining a valid automatic count is

impracticable. In that case, the ballots shall be counted

manually.

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

Sec. 127.099. SECURITY OF TEST MATERIALS. (a) On completing

each test, the presiding judge shall place the test ballots and

other test materials in a container provided for that purpose and

seal the container so it cannot be opened without breaking the

seal. The manager, tabulation supervisor, presiding judge, and

not more than two watchers, if one or more watchers are present,

shall sign the seal. The watchers must be of opposing interests

if such watchers are present.

(b) The test materials shall remain sealed for the period for

preserving the precinct election records.

(c) The container may not be unsealed unless the contents are

necessary to conduct a test under this subchapter, a criminal

investigation, election contest, or other official proceeding

under this code. If the container is unsealed, the authority in

charge of the proceeding shall reseal the contents when not in

use.

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

Sec. 127.100. CUSTODY OF TEST MATERIALS. (a) The presiding

judge is the custodian of the test materials until they are

delivered under Subsection (b).

(b) The sealed container holding the test materials shall be

delivered to the general custodian of election records with the

delivery of the election returns prepared at the counting

station.

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

SUBCHAPTER E. PROCESSING RESULTS AT CENTRAL COUNTING STATION

Sec. 127.121. PROGRAMMER FOR TABULATING EQUIPMENT. (a) If the

automatic tabulating equipment to be used for counting ballots at

a central counting station requires the preparation of a program,

the authority responsible for having the ballot prepared for the

election shall appoint a programmer.

(b) Any person who has the competence required to prepare the

program is eligible for appointment.

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

Sec. 127.122. APPROVAL OF PROGRAM. If a person other than the

tabulation supervisor is appointed as the programmer, the program

shall be submitted to the tabulation supervisor for approval not

later than the 10th day before the date the automatic tabulating

equipment for which the program is prepared is first used to

count ballots voted in the election.

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

Sec. 127.123. SECURITY OF PROGRAM. (a) The tabulation

supervisor shall protect the program prepared for the automatic

tabulating equipment installed at the central counting station

from tampering and unauthorized use, as prescribed by the

secretary of state.

(b) After the automatic counting of ballots is completed, the

program shall be sealed in the container for the secured test

materials. The program shall remain in the sealed container for

the same period as the test materials and may be unsealed only

under the same conditions as the test materials.

(c) The secretary of state shall prescribe procedures for the

security of programs for central counting station equipment for

which compliance with this section is impracticable.

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

Sec. 127.1231. SECURITY OF AUTOMATIC TABULATING EQUIPMENT. (a)

Except as provided by Subsection (b), the general custodian of

election records shall ensure that any computer terminals located

outside the central counting station that are capable of

accessing the automatic tabulating equipment during the

tabulation are capable of inquiry functions only and shall ensure

that no modem access to the tabulating equipment is available

during the tabulation.

(b) The secretary of state may prescribe procedures for the use

of a system to allow results to be transmitted by a modem to the

central counting station from units of automatic tabulating

equipment located at a precinct polling place or at a regional

tabulating center serving several precincts. The system must

provide for a secure transmission of data. Results may not be

transmitted under this subsection until the polls close on

election day.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 7, eff. Sept. 1,

1987. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 48, eff.

Sept. 1, 1997.

Sec. 127.1232. SECURITY OF VOTED BALLOTS. The general custodian

of election records shall post a guard to ensure the security of

ballot boxes containing voted ballots throughout the period of

tabulation at the central counting station.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 7, eff. Sept. 1,

1987.

Sec. 127.124. EARLY PROCESSING OF BALLOTS. (a) The authority

adopting an electronic voting system for use in an election in

which ballots are processed at a central counting station may

provide by resolution, order, or other official action that

processing the electronic system ballots will begin while the

polls are open for voting on election day.

(b) The authority shall state in the official action the

intervals during the day at which the ballots are to be delivered

from the polling places to the central counting station for

processing.

(c) The boxes in which the ballots are delivered to the counting

station may be returned to the polling places for use in

subsequent deliveries. If a box to be reused is a sealed ballot

box authorized by Subchapter C, the authority responsible for

distributing election supplies to the polling places, or the

authority's designee, shall lock and seal the box at the counting

station in the same manner as for the initial locking and sealing

of the box and then deliver it to the appropriate polling place.

(d) The precinct election records shall be delivered to the

central counting station in the last ballot box delivered from

the polling place to the counting station.

(e) The authority may restrict early ballot processing to

ballots voted at particular polling places by designating the

polling places in the official action providing for the early

processing. The authority may restrict the early processing to

activities preparatory to the counting of ballots by stating in

the official action the activities that are to be performed

before the closing of the polls.

(f) Early processing of ballots under this section does not

affect the time at which the results of the election may be

disclosed.

(g) If the counting of ballots begins before the polls close,

the provisions applicable to absences from the polling place by

election officers while the polls are open apply to the personnel

serving at the central counting station. The presiding judge

shall supervise the absences.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 92, eff. Sept. 1, 1997.

Sec. 127.125. PREPARING BALLOTS FOR AUTOMATIC COUNTING. (a)

The manager of a central counting station shall have the ballots

prepared for automatic counting.

(b) The manager shall have the ballots examined to detect any

irregularly marked ballots and to determine whether the ballots

to be counted automatically are ready for counting and can be

properly counted. The manager shall have each irregularly marked

ballot duplicated to indicate the intent of the voter if the

voter's intent is clearly ascertainable, unless other law

prohibits counting the vote. After making the appropriate

determinations and taking the appropriate actions, the manager

shall approve the ballots for counting.

(c) After the ballots are approved for counting, the manager

shall deliver them to the tabulation supervisor or to the

supervisor's designee.

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

by Acts 2001, 77th Leg., ch. 851, Sec. 4, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 1054, Sec. 7, eff. Sept. 1, 2001.

Sec. 127.126. DUPLICATING BALLOTS. (a) The manager of a

central counting station may have ballots duplicated for

automatic counting as provided by this section.

(b) The valid portion of a partially invalid ballot may be

duplicated on another ballot so that the valid portion can be

automatically counted.

(c) If an electronic system ballot is damaged to the extent it

cannot be automatically counted, the ballot may be duplicated so

it can be automatically counted.

(d) A procedure other than duplication may not be used to

process a ballot subject to this section unless the procedure is

expressly authorized by the secretary of state.

(e) Each duplicate ballot must be clearly labeled "Duplicate"

and must bear the serial number of the original ballot.

(f) The duplicate shall be substituted for the original ballot

in the ballots prepared for automatic counting. The original

shall be preserved with the other voted ballots for the same

period.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 38, eff. Sept. 1, 1987;

Acts 1987, 70th Leg., ch. 491, Sec. 2, eff. Sept. 1, 1987; Acts

1993, 73rd Leg., ch. 728, Sec. 51, eff. Sept. 1, 1993.

Sec. 127.127. OPERATING EQUIPMENT AND HANDLING BALLOTS

RESTRICTED. A person other than the tabulation supervisor and

the assistants to the tabulation supervisor may not operate the

automatic tabulating equipment or handle the ballots that are

automatically counted from the time the ballots are delivered to

the tabulation supervisor for counting until the automatic

counting is completed.

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

Sec. 127.128. BALLOTS TABULATED BY PRECINCT. The automatically

counted ballots shall be separately tabulated according to

election precinct.

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

Sec. 127.129. CORRECTION OF RESULTS AFTER EQUIPMENT MALFUNCTION.

The secretary of state shall prescribe procedures for correcting

results after the discovery of an equipment malfunction that

caused the results to be incorrect.

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

Sec. 127.130. MANUAL COUNTING. (a) Electronic system ballots

that are not to be counted automatically and the write-in votes

not counted at the polling places shall be counted manually at

the central counting station.

(b) If the automatic counting of electronic system ballots

becomes impracticable for any reason, the manager may direct that

the ballots be counted manually at the central counting station.

(c) The procedure for manual counting is the same as that for

regular paper ballots to the extent practicable. The manager is

responsible for the manual counting of ballots at the central

counting station.

(c-1) In any manual count conducted under this code, an

irregularly marked vote on a ballot on which a voter indicates a

vote by making a mark on the ballot is considered in the same

manner as provided by Section 65.009.

(d) Repealed by Acts 2005, 79th Leg., Ch. 1107, Sec. 2.21(1),

eff. January 1, 2006.

(e) Repealed by Acts 2005, 79th Leg., Ch. 1107, Sec. 2.21(1),

eff. January 1, 2006.

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

by Acts 1993, 73rd Leg., ch. 728, Sec. 52, eff. Sept. 1, 1993;

Acts 2003, 78th Leg., ch. 1315, Sec. 51, eff. Jan. 1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.21(1), eff. January 1, 2006.

Sec. 127.1301. TALLYING, TABULATING, AND REPORTING CENTRALLY

COUNTED OPTICAL SCAN BALLOT UNDERVOTES AND OVERVOTES. In an

election using centrally counted optical scan ballots, the

undervotes and overvotes on those ballots shall be tallied,

tabulated, and reported by race and by election precinct in the

form and manner prescribed by the secretary of state.

Added by Acts 2001, 77th Leg., ch. 1054, Sec. 8, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.14, eff. January 1, 2006.

Sec. 127.131. PREPARING RETURNS. (a) After the automatic

counting of ballots for each precinct is completed, the presiding

judge of the central counting station shall prepare the election

returns for that precinct and sign the returns to certify their

accuracy.

(b) In addition to the results of the automatically counted

votes, the returns must include the results of the manually

counted votes.

(c) The same number of copies of the returns shall be prepared

as for a precinct polling place using regular paper ballots.

(d) The returns may not be certified until a valid automatic

count is obtained or a manual count is completed, as appropriate.

(e) If the automatic tabulating equipment produces a printout

that contains all information required to appear on the election

returns, the printout with the addition of the manually counted

votes constitutes the return.

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

Sec. 127.132. DISPOSITION OF BALLOTS, RETURNS, AND OTHER

RECORDS. (a) The presiding judge of a central counting station

shall distribute the voted ballots, election returns, and other

election records from the counting station to the appropriate

authorities.

(b) The voted ballots, election returns, poll list, tally lists

for manually counted votes, and other election records shall be

delivered to the authorities who receive the corresponding

records from precinct polling places using regular paper ballots.

(c) The election records delivered to the general custodian of

election records may be delivered in any container approved by

the secretary of state for that purpose.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 22, eff. Sept. 1, 1987.

SUBCHAPTER F. PROCESSING RESULTS IN SYSTEM WITHOUT CENTRALIZED

COUNTING

Sec. 127.151. APPLICABILITY OF SUBCHAPTER; PROCEDURES PRESCRIBED

BY SECRETARY OF STATE. (a) This subchapter applies to the

processing of election results in electronic voting systems that

do not entail the counting of ballots at central locations

established under Subchapter A.

(b) An electronic voting system used under this subchapter must

require voters to deposit the ballots directly into a unit of

automatic tabulating equipment. The tabulating equipment shall be

programmed to return an irregularly marked ballot to the voter.

(c) The secretary of state shall prescribe any necessary

procedures, in addition to those prescribed by this subchapter,

for processing the election results.

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

by Acts 1987, 70th Leg., ch. 484, Sec. 8, eff. Sept. 1, 1987;

Acts 2001, 77th Leg., ch. 1054, Sec. 9, eff. Sept. 1, 2001.

Sec. 127.152. TEST OF TABULATING EQUIPMENT REQUIRED. (a) Each

unit of automatic tabulating equipment shall be tested, using all

applicable ballot formats, in accordance with the testing

procedures prescribed by Subchapter D to the extent those

procedures can be made applicable.

(b) The general custodian of election records shall conduct the

first test. The presiding election judge shall conduct the second

and third tests at the polling place. If the second and third

tests are not conducted in accordance with this subsection, the

automatic tabulating equipment shall be used to count the ballots

at a central location in accordance with Subchapter A unless the

secretary of state determines that a particular test at the

polling place is not feasible for the automatic tabulating

equipment.

(c) The general custodian of election records shall preserve the

test materials for at least one year after election day or for at

least 22 months after election day for an election involving a

federal office.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 8, eff. Sept. 1,

1987.

Sec. 127.153. TEST REPEATED IF EQUIPMENT MALFUNCTIONS. If the

tabulating of ballots must be restarted because of an equipment

or system malfunction or any other reason, the tests required by

Section 127.152 shall be repeated.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 8, eff. Sept. 1,

1987.

Sec. 127.154. IDENTIFICATION NUMBERS REQUIRED FOR EQUIPMENT.

(a) Each unit of automatic tabulating equipment must have a

permanent identification number. Each part of that equipment that

contains the ballot tabulation must also have a permanent

identification number.

(b) Each of the identification numbers shall be recorded on the

appropriate ballot and seal certificate.

(c) A ballot tabulation produced by automatic tabulating

equipment that does not comply with Subsection (a) may not be

used.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 8, eff. Sept. 1,

1987.

Sec. 127.155. PRESIDING JUDGE TO SIGN TAPE. (a) The presiding

judge shall sign any tape containing the ballot tabulation that

is produced by the automatic tabulating equipment.

(b) The presiding judge shall retain a copy of the tape.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 8, eff. Sept. 1,

1987.

Sec. 127.156. TABULATION AT CENTRAL COUNTING STATION IF

DISCREPANCY EXISTS IN BALLOT TOTALS. If a discrepancy of more

than three exists between the number of ballots recorded on the

ballot and seal certificate and the number of ballots cast on the

tape containing the ballot tabulation that is produced by the

automatic tabulating equipment, the official tabulation of those

ballots shall be conducted at a central counting station.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 8, eff. Sept. 1,

1987.

Sec. 127.157. PROCESSING IRREGULARLY MARKED BALLOTS. (a) This

section applies only to a voting system that allows voters to

deposit the ballots directly into a unit of automatic tabulating

equipment.

(b) While the polls are open or as soon as practicable after the

polls close, the counted ballots shall be removed from the ballot

box and examined for irregularly marked ballots. The ballot box

may not be opened for the purpose of examining the ballots unless

there are at least 10 ballots in the box.

(c) If an election officer determines that two or more ballots

were improperly tabulated because of irregular marks, the

irregularly marked ballots shall be separated from the ballots

that were marked properly, and all of the ballots shall be

delivered to a central counting station.

(d) At the central counting station, the irregularly marked

ballots shall be duplicated, and the ballots shall be processed

in accordance with Section 127.126. The duplicate ballots shall

be automatically counted with the remainder of the ballots at the

central counting station. The tabulation conducted at the central

counting station is considered to be the official tabulation for

those ballots.

(e) If only one ballot has been improperly tabulated because of

an irregular mark, the ballot shall be placed in an envelope as

prescribed by the secretary of state. The envelope must include

the irregularly marked ballot and a form that identifies the

nature and date of the election, ballot serial number, and

applicable offices. The envelope shall be delivered to a central

counting station. At the central counting station, the ballot

shall be examined and adjustments shall be made to the totals

certified by the election judge to indicate the intent of the

voter. The election results for the affected precinct shall be

manually entered into the election processing system, but the

original election returns may not be altered. The envelope

containing the ballot and form shall be placed in the ballot box

with the regular voted ballots and shall be preserved with those

ballots for the same period.

Added by Acts 1991, 72nd Leg., ch. 632, Sec. 1, eff. Sept. 1,

1991.

SUBCHAPTER H. ADDITIONAL COUNT OF ELECTRONIC VOTING SYSTEM

BALLOTS

Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM BALLOTS

BY GENERAL CUSTODIAN. (a) To ensure the accuracy of the

tabulation of electronic voting system results, the general

custodian of election records shall conduct a manual count of all

the races in at least one percent of the election precincts or in

three precincts, whichever is greater, in which the electronic

voting system was used. The custodian shall select the precincts

at random and shall begin the count not later than 72 hours after

the polls close. The count shall be completed not later than the

21st day after election day. Subsection (b) supersedes this

subsection to the extent of a conflict.

(b) In a general election for state and county officers, primary

election, or election on a proposed amendment to the state

constitution or other statewide measure submitted by the

legislature, the secretary of state shall select, in accordance

with rules adopted by the secretary, the precincts to be counted

under Subsection (a). The secretary shall designate not more than

three offices and not more than three propositions to be counted

in the selected precincts. The secretary shall notify the general

custodian of election records of the precincts, offices, and

propositions selected under this subsection not earlier than the

day after election day.

(c) On selection or notification, as applicable, of the

precincts to be counted, the general custodian of election

records shall post in the custodian's office a notice of the

date, hour, and place of the count.

(d) Each candidate in the election is entitled to be present at

the count and is entitled to have a representative present. A

representative must deliver a certificate of appointment to the

general custodian at the time the representative reports for

service. The certificate must be in writing and must include:

(1) the printed name and signature of the representative;

(2) the election subject to the count; and

(3) the printed name and signature of the candidate making the

appointment.

(e) Not later than the third day after the date the count is

completed, the general custodian of election records shall

deliver a written report of the results of the count to the

secretary of state.

(f) The secretary of state at any time may waive or reinstate

the requirements of this section for a particular political

subdivision.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 9, eff. Sept. 1,

1987. Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 53, eff.

Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1349, Sec. 49, eff.

Sept. 1, 1997.

Sec. 127.202. COUNT OF ELECTRONIC VOTING SYSTEM BALLOTS BY

SECRETARY OF STATE. (a) To ensure the accuracy of the

tabulation of electronic voting system results, the secretary of

state or the secretary's designee may conduct a manual or

automatic count of any portion of any number of ballots from any

precinct in which the electronic voting system was used.

(b) The count may be conducted at any time during the period for

preserving the applicable precinct election records.

(c) The general custodian of election records is entitled to be

present at the count.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 9, eff. Sept. 1,

1987.