An eight-day voting period before election day

The text as introduced · 58,547 words

89R2500 MLH-F

By: Hall
S.B. No. 2753

A BILL TO BE ENTITLED

AN ACT

relating to the time, place, and manner of voting, including

abolishing early and absentee voting, providing for a voting

period, and establishing voting centers; reestablishing criminal

offenses and authorization for certain fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. CONDUCT OF ELECTIONS

SECTION 1.001. Chapter 31, Election Code, is amended by

adding Subchapter B-1 to read as follows:

SUBCHAPTER B-1. DEPUTY CLERK FOR VOTING BY MAIL

Sec. 31.061. DEPUTY CLERK GENERALLY. (a) Deputy clerks may

be appointed as provided by this subchapter to assist the county

clerk in administering voting by mail in the county.

(b) A deputy clerk under this subchapter is an officer of

the election in which the deputy serves.

(c) A deputy clerk under this subchapter has the same

authority as the county clerk in conducting voting by mail, subject

to the county clerk's supervision.

Sec. 31.062. DEPUTY FOR COUNTY CLERK OR CITY SECRETARY. (a)

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

performing the functions of a county clerk with regard to voting by

mail, the county clerk or city secretary by written order may

appoint one or more of that officer's permanent deputies as deputy

clerks under this subchapter. The clerk or secretary may appoint

temporary deputies to serve as deputy clerks under this subchapter

in accordance with the law applicable to the appointment of

deputies generally.

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

a deputy clerk under this section, the temporary deputy must meet

the requirements for eligibility for service as a presiding

election judge, except that:

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

voter of any particular territory other than the county, in the case

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

appointment by a city secretary;

(2) in an election in which the county clerk is a

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

not make the appointee ineligible for appointment as a deputy

clerk; and

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

county or city, as applicable, and a qualified voter of any

territory is not required to be a qualified voter of the county or

city, as applicable.

Sec. 31.063. DEPUTY FOR OTHER CLERKS. (a) In an election

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

performing the functions of a county clerk with regard to voting by

mail, the authority appointing the clerk, by written order, may

appoint one or more deputy clerks under this subchapter.

(b) To be eligible for appointment as a deputy clerk under

this section, a person must meet the requirements for eligibility

for appointment as the county clerk.

Sec. 31.064. EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS

DEPUTY. An employee of a political subdivision may serve as a

deputy clerk under this subchapter in an election affecting the

political subdivision if the political subdivision's governing

body approves the appointment.

SECTION 1.002. Section 32.003, Election Code, is amended to

read as follows:

Sec. 32.003. JUDGES FOR VOTING CENTER [ CONSOLIDATED COUNTY

ELECTION PRECINCTS ]. If election precincts are assigned to a

voting center [ consolidated in a special election in which the

regular county election precincts are required to be used ], the

commissioners court shall appoint the election judges to serve in

each voting center [ consolidated precinct ] from among the judges

appointed for the precincts assigned to the voting center

[ comprising the consolidated precinct ].

SECTION 1.003. Subchapter A, Chapter 41, Election Code, is

amended by adding Sections 41.009 and 41.010 to read as follows:

Sec. 41.009. METHOD OF VOTING. A voter in this state may

only cast a ballot:

(1) in person on election day or during the voting

period; or

(2) by mail in the time and manner provided by this

code.

Sec. 41.010. VOTING PERIOD. The voting period begins on the

eighth day before election day and continues through the day before

election day, including Saturdays, Sundays, and holidays.

SECTION 1.004. Section 41.031, Election Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) On election day [ Except as provided by Section 41.033 ],

the polls shall be opened at 7 a.m. for voting and shall be closed at

7 p.m. , except as provided by Section 41.033.

(a-1) On each day of the voting period, the polls shall be

open for voting:

(1) in a county with a population of 50,000 or more,

for the same hours as on election day; and

(2) in a county with a population of less than 50,000,

for not fewer than eight consecutive hours between 6 a.m. and 7

p.m., provided the polls shall be open for voting for the same hours

each day of the voting period.

SECTION 1.005. Section 42.002(b), Election Code, is amended

to read as follows:

(b) Except as provided by Section 42.0052 [ Sections 42.008

and 42.009 ], county election precincts may not be combined or

consolidated for an election.

SECTION 1.006. Subchapter A, Chapter 42, Election Code, is

amended by adding Section 42.0052 to read as follows:

Sec. 42.0052. VOTING CENTERS. (a) The commissioners court

may create one or more voting centers in the county. Except as

provided by this section, a voting center is a polling place and is

subject to all laws applicable to a polling place.

(b) The commissioners court may assign one or more election

precincts to a voting center. A precinct that is assigned to a

voting center may not operate a separate polling place for the

precinct.

(c) Election precincts assigned to a voting center may not

serve a total of more than 5,000 registered voters.

(d) If the commissioners court creates more than one voting

center, the number of voters served by the smallest voting center in

the county may not be less than 95 percent of the number of voters

served by the largest voting center in the county.

SECTION 1.007. Section 43.002(b), Election Code, is amended

to read as follows:

(b) If county election precincts are assigned to a voting

center under Section 42.0052 [ consolidated ], the commissioners

court shall designate the location of the voting center [ polling

place for the consolidated precinct ].

SECTION 1.008. Section 43.003, Election Code, is amended to

read as follows:

Sec. 43.003. DESIGNATION OF LOCATION: PRIMARY ELECTION.

The county chair of a political party holding a primary election

shall designate the location of the polling place for each election

precinct in the primary unless the precinct is one that is assigned

to a voting center under Section 42.0052 [ consolidated ]. In that

case, the county executive committee shall designate the location

of the voting center .

SECTION 1.009. Title 6, Election Code, is amended by adding

Subtitle A, and a heading is added to that subtitle to read as

follows:

SUBTITLE A. VOTING IN PERSON

SECTION 1.010. Chapters 61, 62, 63, and 64, Election Code,

are transferred to Subtitle A, Title 6, Election Code, as added by

this Act, reenacted, and amended to read as follows:

CHAPTER 61. CONDUCT OF VOTING IN PERSON GENERALLY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 61.001. BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF

CANDIDATE. (a) Except as permitted by this code and as described

by Subsection (b) [ (a-1) ], a person may not be in the polling place

from the time the presiding judge arrives there on the first day of

the voting period [ election day ] to make the preliminary

arrangements until the precinct returns have been certified and the

election records have been assembled for distribution following the

election.

(b) [ (a-1) ] Under this code, a person may be lawfully

present in a polling place during the time described by Subsection

(a) if the person is:

(1) an election judge or clerk;

(2) a watcher;

(3) the secretary of state;

(4) a staff member of the Elections Division of the

Office of the Secretary of State performing an official duty in

accordance with this code;

(5) an election official, a sheriff, or a staff member

of an election official or sheriff delivering election supplies;

(6) a state inspector;

(7) a person admitted to vote;

(8) a child under 18 years of age who is accompanying a

parent who has been admitted to vote;

(9) a person providing assistance to a voter under

Section 61.032 or 64.032;

(10) a person accompanying a voter who has a

disability;

(11) a special peace officer appointed by the

presiding judge under Section 32.075;

(12) the county chair of a political party conducting

a primary election, as authorized by Section 172.1113;

(13) a voting system technician, as authorized by

Section 125.010;

(14) the county election officer, as defined by

Section 31.091, as necessary to perform tasks related to the

administration of the election; or

(15) a person whose presence has been authorized by

the presiding judge in accordance with this code.

(c) [ (b) ] A candidate in the election commits an offense if

the candidate is in a polling place during the period described by

Subsection (a) for a purpose other than:

(1) voting; or

(2) official business in the building in which the

polling place is located.

(d) [ (c) ] It is an exception to the application of

Subsection (c) [ (b) ] that the candidate:

(1) is not within plain view or hearing of the persons

in the voting area or the area in which voters are being accepted

for voting; and

(2) is not engaged in campaign activity.

(e) [ (d) ] An offense under this section is a Class C

misdemeanor.

Sec. 61.002. OPENING AND CLOSING POLLING PLACE FOR VOTING.

(a) Immediately before opening the polls for voting on the first

day of the [ early ] voting period [ and on election day ], the

presiding election judge or alternate election judge shall confirm

that each voting machine has any public counter reset to zero and

shall print the tape that shows the counter was set to zero for each

candidate or measure on the ballot.

(b) At the official time for opening the polls for voting,

an election officer shall open the polling place entrance and admit

the voters.

(c) Immediately after closing the polls for voting on

election day, the presiding election judge or alternate election

judge shall print the tape to show the number of votes cast for each

candidate or ballot measure for each voting machine.

(d) Each election judge or alternate election judge present

shall sign a tape printed under this section.

Sec. 61.003. ELECTIONEERING AND LOITERING NEAR POLLING

PLACE. (a) A person commits an offense if, while the polls are open

for voting [ during the voting period ] and within 100 feet of an

outside door through which a voter may enter the building in which a

polling place is located, the person:

(1) loiters; or

(2) electioneers for or against any candidate,

measure, or political party.

(b) [ (a-1) ] The entity that owns or controls a public

building being used as a polling place may not, at any time while

the polls are open for voting [ during the voting period ], prohibit

electioneering on the building's premises outside of the area

described in Subsection (a), but may enact reasonable regulations

concerning the time, place, and manner of electioneering.

(c) [ (b) ] In this section , "electioneering" [ :

[ (1) "Electioneering" ] includes the posting, use, or

distribution of political signs or literature. The term does not

include the distribution of a notice of a party convention

authorized under Section 172.1114.

(d) [ (2) "Voting period" means the period beginning when

the polls open for voting and ending when the polls close or the

last voter has voted, whichever is later.

[ (c) ] An offense under this section is a Class C

misdemeanor.

Sec. 61.004. UNLAWFUL OPERATION OF SOUND AMPLIFICATION

DEVICE OR SOUND TRUCK. (a) A person commits an offense if, while

the polls are open for voting [ during the voting period ] and within

1,000 feet of a building in which a polling place is located, the

person operates a sound amplification device or a vehicle with a

loudspeaker while the device or loudspeaker is being used for the

purpose of:

(1) making a political speech; or

(2) electioneering for or against any candidate,

measure, or political party.

(b) For the purpose of Subsection (a), a person operates a

vehicle with a loudspeaker if the person drives the vehicle, uses

the loudspeaker, or operates sound equipment in connection with the

loudspeaker.

(c) [ In this section, "voting period" means the period

prescribed by Section 61.003(b).

[ (d) ] An offense under this section is a Class C

misdemeanor.

Sec. 61.005. SECURITY OF BALLOTS, BALLOT BOXES, AND

ENVELOPES. (a) From the time a presiding judge receives the

official ballots for an election until the precinct returns for

that election have been certified, the presiding judge shall take

the precautions necessary to prevent access to the ballots, ballot

boxes, and envelopes used for provisional ballots in a manner not

authorized by law.

(b) The ballots, ballot boxes, and envelopes used for

provisional ballots at a polling place shall , [ be in plain view of

at least one election officer ] from the time the polls open for

voting on the first day of the voting period until the precinct

returns have been certified , be:

(1) in plain view of at least one election officer

while polls are open; or

(2) secured in the manner prescribed by the secretary

of state while polls are closed .

(c) A presiding election judge commits an offense if the

judge fails to prevent another person from handling a ballot box

containing voters' marked ballots or an envelope containing a

voter's provisional ballot in an unauthorized manner or from making

an unauthorized entry into the ballot box or envelope. An offense

under this subsection is a Class A misdemeanor.

Sec. 61.006. UNLAWFULLY DIVULGING VOTE. (a) A person

commits an offense if the person was in a polling place for any

purpose other than voting and knowingly communicates to another

person information that the person obtained at the polling place

about how a voter has voted.

(b) An offense under this section is a felony of the third

degree.

(c) This section does not apply to information presented in

an official investigation or other official proceeding in which the

information is relevant.

Sec. 61.007. UNLAWFULLY REVEALING INFORMATION BEFORE POLLS

CLOSE. (a) An election officer, watcher, or other person serving

at a polling place in an official capacity commits an offense if,

before the polls close or the last voter has voted, whichever is

later, the officer, watcher, or other person reveals:

(1) the number of votes that have been received for a

candidate or for or against a measure;

(2) a candidate's position relative to other

candidates in the tabulation of the votes;

(3) whether a measure is passing or failing; or

(4) the names of persons who have or have not voted in

the election.

(b) An offense under this section is a Class A misdemeanor.

(c) On each day of the voting period and on election day,

beginning [ Beginning ] at 9:30 a.m. and at each subsequent two-hour

interval through 5:30 p.m., the presiding judge shall post written

notice of the total number of voters who have voted in the precinct.

The notice shall be posted at an outside door through which a voter

may enter the building in which the polling place is located. The

presiding judge in a county described by Section 41.031(a-1)(2) is

not required to post the notice if, at a time for posting the notice

during the voting period, polls are not open for voting.

Sec. 61.008. UNLAWFULLY INFLUENCING VOTER. (a) A person

commits an offense if the person indicates to a voter in a polling

place by word, sign, or gesture how the person desires the voter to

vote or not vote.

(b) An offense under this section is a Class B misdemeanor.

Sec. 61.009. INSTRUCTING VOTER ON CASTING BALLOT. On the

request of a voter, an election officer shall instruct the voter on

the proper procedure for casting a ballot.

Sec. 61.010. WEARING NAME TAG OR BADGE IN POLLING PLACE.

(a) Except as provided by Subsection (b), a person may not wear a

badge, insignia, emblem, or other similar communicative device

relating to a candidate, measure, or political party appearing on

the ballot, or to the conduct of the election, in the polling place

or within 100 feet of any outside door through which a voter may

enter the building in which the polling place is located.

(b) An election judge, an election clerk, a state or federal

election inspector, a certified peace officer, or a special peace

officer appointed for the polling place by the presiding judge

shall wear while on duty in the area described by Subsection (a) a

tag or official badge that indicates the person's name and title or

position.

(c) A person commits an offense if the person violates

Subsection (a). An offense under this subsection is a Class C

misdemeanor.

Sec. 61.011. REMOVING WRITTEN COMMUNICATIONS FOUND IN

POLLING PLACE. (a) An election officer shall periodically check

each voting station and other areas of the polling place for sample

ballots or other written communications used by voters that were

left or discarded in the polling place.

(b) An election officer shall remove from the sight of the

voters any written communication found under Subsection (a).

Sec. 61.012. ACCESS BY PERSONS WITH DISABILITIES. (a)

Except as provided by Section 61.013, each polling place must

provide at least one voting station that:

(1) complies with:

(A) Section 504 of the federal Rehabilitation Act

of 1973 (29 U.S.C. Section 794) and its subsequent amendments;

(B) Title II of the federal Americans with

Disabilities Act (42 U.S.C. Section 12131 et seq.) and its

subsequent amendments; and

(C) the requirements for accessibility under 52

U.S.C. Section 21081(a)(3) [ 42 U.S.C. Section 15481(a)(3) ] and its

subsequent amendments; and

(2) provides a practical and effective means for

voters with physical disabilities to cast a secret ballot.

Sec. 61.013. ACCESS BY PERSONS WITH DISABILITIES: ELECTIONS

OF CERTAIN POLITICAL SUBDIVISIONS. (a) For an election other than

an election of a political subdivision that is held jointly with

another election in which a federal office appears on the ballot,

the political subdivision is not required to meet the requirements

of Section 61.012(a)(1)(C) if the political subdivision:

(1) is a county with a population of less than 2,000;

(2) is a county with a population of 2,000 or more but

less than 5,000, and the county provides at least one voting station

that meets the requirements for accessibility under 52 U.S.C.

Section 21081(a)(3) [ 42 U.S.C. Section 15481(a)(3) ] on election

day;

(3) is a county with a population of 5,000 or more but

less than 10,000, and the county provides at least one voting

station that meets the requirements for accessibility under 52

U.S.C. Section 21081(a)(3) [ 42 U.S.C. Section 15481(a)(3) ] on

election day and during the voting period [ for early voting by

personal appearance ];

(4) is a county with a population of 10,000 or more but

less than 20,000, and the county:

(A) makes a showing in the manner provided by

Subsection (c) that compliance with Section 61.012(a)(1)(C)

constitutes an undue burden on the county;

(B) provides at least one voting station that

meets the requirements for accessibility under 52 U.S.C. Section

21081(a)(3) [ 42 U.S.C. Section 15481(a)(3) ] on election day and

during the voting period [ for early voting by personal appearance ];

and

(C) provides a mobile voting station that meets

the requirements for accessibility under 52 U.S.C. Section

21081(a)(3) [ 42 U.S.C. Section 15481(a)(3) ] that during the voting

period [ for early voting by personal appearance ] is deployed at

least once at each polling place [ used for early voting by personal

appearance ]; or

(5) is located in a county described by Subdivisions

(1)-(4) and meets the same requirements as the county in which the

political subdivision is located.

(b) A voter with a disability who [ that ] desires a

reasonable accommodation to vote in an election of a county

described by Subsection (a)(1) or a political subdivision located

in that county shall make a request for the accommodation with the

county [ early voting ] clerk of the county or political subdivision

not later than the 21st day before the date of the election. On

receipt of the request, the county [ early voting ] clerk shall make a

reasonable accommodation to allow the voter to cast a vote.

(c) A county or political subdivision may make a showing of

undue burden under Subsection (a)(4)(A) by filing an application

with the secretary of state not later than the 90th day before the

date of the election that states the reasons that compliance would

constitute an undue burden. A showing of an undue burden may be

satisfied by proof that the election costs associated with

compliance with Section 61.012(a)(1)(C) constitute a significant

expense for the county or political subdivision and reflect an

increase of at least 25 percent in the costs of holding an election

as compared to the costs of the last general election held by the

county or political subdivision before January 1, 2006. Not later

than the 20th day after the date of receiving an application under

this section, the secretary of state shall determine whether

compliance with Section 61.012(a)(1)(C) is an undue burden for the

county or political subdivision.

(d) A county or political subdivision that intends to use

this section to provide fewer voting stations that meet the

requirements for accessibility under 52 U.S.C. Section 21081(a)(3)

[ 42 U.S.C. Section 15481(a)(3) ] than required by Section

61.012(a)(1)(C) must:

(1) provide notice to the secretary of state of that

intent not later than the 90th day before the date of the election;

and

(2) for a county described by Subsection (a)(2), (3),

or (4), or a political subdivision located in such a county, publish

notice of the location of each voting station that meets the

requirements for accessibility under 52 U.S.C. Section 21081(a)(3)

[ 42 U.S.C. Section 15481(a)(3) ] in a newspaper of general

circulation in the county or political subdivision not later than

the 15th day before the date of the start of the voting period [ of

early voting by personal appearance ].

(e) For purposes of this section, a political subdivision

located in more than one county may choose:

(1) to be considered located in the county that

contains the greatest number of registered voters of the political

subdivision; or

(2) for each portion of the political subdivision

located in a different county, to be considered a separate

political subdivision.

(f) The secretary of state shall prescribe procedures and

adopt rules as necessary to implement this section.

Sec. 61.014. USE OF CERTAIN DEVICES. (a) A person may not

use a wireless communication device within 100 feet of a voting

station.

(b) A person may not use any mechanical or electronic means

of recording images or sound within 100 feet of a voting station.

(c) The presiding judge may require a person who violates

this section to turn off the device or to leave the polling place.

(d) This section does not apply to:

(1) an election officer in conducting the officer's

official duties;

(2) the use of election equipment necessary for the

conduct of the election; or

(3) a person who is employed at the location in which a

polling place is located while the person is acting in the course of

the person's employment.

SUBCHAPTER B. INTERPRETER

Sec. 61.031. USE OF ENGLISH LANGUAGE. (a) Except as

provided by Subsection (b), an election officer may not use a

language other than English in performing an official duty in

connection with the election.

(b) If a voter cannot communicate in English, an election

officer may communicate with the voter in a language that the voter

and the officer understand.

Sec. 61.032. INTERPRETER PERMITTED. If an election officer

who attempts to communicate with a voter does not understand the

language used by the voter, the voter may communicate through an

interpreter selected by the voter or, if the voter has not selected

an interpreter, any interpreter an election officer may appoint.

Sec. 61.033. ELIGIBILITY TO SERVE AS INTERPRETER. To be

eligible to serve as an interpreter, a person:

(1) may be any person other than the voter's employer,

an agent of the voter's employer, or an officer or agent of a labor

union to which the voter belongs; and

(2) if appointed to serve as an interpreter by an

election officer, must be a registered voter of the county in which

the voter needing the interpreter resides or a registered voter of

an adjacent county.

Sec. 61.034. TRANSLATING BALLOT. If a voter cannot

comprehend the language in which the ballot is printed, the voter

may receive assistance in accordance with Subchapter B, Chapter 64.

Sec. 61.035. OATH. (a) Before serving as an interpreter,

the person selected as interpreter must take the following oath

administered by an election officer:

"I swear (or affirm) that, to the best of my ability, I will

correctly interpret and translate each question, answer, or

statement addressed either to the voter by any election officer or

to an election officer by the voter."

(b) A person who will be providing ballot assistance under

Section 61.034 must also take the oath required by Subchapter B,

Chapter 64, and meet all other requirements of that subchapter.

Sec. 61.036. TRANSLATION REQUIRED. (a) If an election

officer and a voter communicate in a language other than English,

any other election officer or watcher may request an English

translation of anything communicated in the other language.

(b) If a translation request is made, the election officer

communicating with the voter shall make the translation.

SUBCHAPTER C. VOTING BY DISABLED VOTER FROM VOTING SYSTEM PRECINCT

Sec. 61.041. ELIGIBILITY. A qualified voter in whose

precinct polling place voting is conducted by voting machine is

eligible to vote by the mail ballot procedure provided by this

subchapter if the voter has a sickness or physical condition that

prevents the voter from voting in the regular manner without

personal assistance or a likelihood of injuring the voter's health.

Sec. 61.042. FORM AND CONTENTS OF APPLICATION. An

application to vote by mail under this subchapter must:

(1) be in the form of an affidavit; and

(2) include, in addition to the information required

by the applicable provisions of Section 72.002, a statement that

the applicant has not previously voted in the election.

Sec. 61.043. TIME AND PLACE FOR VOTING. Voting under this

subchapter shall be conducted on election day, beginning at 7 a.m.

and concluding at 7 p.m., at the county clerk's office. However, if

the mail ballots are processed at a location other than the county

clerk's office, the county clerk may require the voting to be

conducted at that location.

Sec. 61.044. VOTING PROCEDURE. (a) On submission of an

application to the county clerk, the clerk shall review the

application and verify the applicant's registration status in

accordance with the procedure applicable to voting by mail.

(b) The voting shall be conducted with the balloting

materials for voting by mail.

(c) The voter must mark and seal the ballot in the same

manner as if voting by mail except that the certificate on the

carrier envelope need not be completed.

(d) On sealing the carrier envelope, the voter must give it

to the clerk, who shall note on the envelope that the ballot is

voted under this subchapter.

(e) If the voter is physically unable to enter the county

clerk's office without personal assistance or a likelihood of

injuring the voter's health, the clerk shall deliver the balloting

materials to the voter at the office's entrance or curb following

the procedures prescribed by Section 64.009.

Sec. 61.045. PROCESSING RESULTS. The results of voting

under this subchapter shall be processed in accordance with the

procedures applicable to processing mail ballots.

Sec. 61.046. ENTRY ON SIGNATURE ROSTER. The signature

roster must include the name of each person voting under this

subchapter with a notation indicating that the person voted under

this subchapter.

CHAPTER 62. PRELIMINARY ARRANGEMENTS

Sec. 62.001. OFFICERS TO ASSEMBLE. (a) On each day of the

voting period and on election day, the presiding judge and the

election clerks the judge assigns to assist with preparing the

polling place shall meet at the polling place in time to prepare it

to receive the voters.

(b) If the polling place is left unattended at any time

after the preparations for voting begin, the presiding judge shall

take appropriate steps to provide for the security of the polling

place. This subsection does not affect the security requirements

for a polling place after the polls open.

Sec. 62.002. TIME FOR COMPLETING ARRANGEMENTS. Except as

otherwise provided by this chapter, the arrangements prescribed by

this chapter shall be completed at a polling place before it is

opened for voting.

Sec. 62.003. ELECTION OFFICERS: OATH AND IDENTIFICATION.

(a) The presiding judge and the election clerks present at the

polling place before the polls open shall repeat the following oath

aloud:

"I swear (or affirm) that I will not in any manner request or

seek to persuade or induce any voter to vote for or against any

candidate or measure to be voted on, and that I will faithfully

perform my duty as an officer of the election and guard the purity

of the election."

(b) A clerk who arrives after the oath is made shall repeat

the oath aloud before performing any duties as an election officer.

(c) Following administration of the oath, each election

officer shall be issued a form of identification, prescribed by the

secretary of state, to be displayed by the officer during the

officer's hours of service at the polling place.

Sec. 62.004. ARRANGING VOTING STATIONS. The voting

stations shall be arranged so that:

(1) the voting area is in view of the election

officers, watchers, and persons waiting to vote but is separated

from the persons waiting to vote;

(2) access to the voting area through any entrance

other than one designated by the presiding judge is prevented; and

(3) the voting area is adequately lighted.

Sec. 62.005. EXAMINING BALLOT BOXES. An election officer

shall open and examine the ballot boxes and remove any contents from

the boxes.

Sec. 62.006. PLACING BOX FOR DEPOSIT OF MARKED BALLOTS. The

ballot box to be used by the voters to deposit marked ballots shall

be locked. The ballot box and the box used for the deposit of

provisional ballots shall be placed where they will be in plain view

of the election officers, watchers, and persons waiting to vote.

Sec. 62.007. EXAMINING BALLOTS. (a) An election officer

shall unseal the ballot package, remove the ballots, and examine

them to determine whether they are properly numbered and printed.

(b) An unnumbered or otherwise defectively printed ballot

shall be placed in ballot box no. 4.

Sec. 62.008. PRESIDING JUDGE TO SIGN BALLOTS. (a) The

presiding judge's signature shall be placed on the back of each

ballot to be used at the polling place.

(b) The judge shall sign each ballot or an election officer

shall stamp a facsimile of the judge's signature on each ballot.

(c) The signing of ballots need not be completed before the

polls open, but an unsigned ballot may not be made available for

selection by the voters.

Sec. 62.009. DISARRANGING BALLOTS FOR VOTERS' SELECTION.

(a) As needed for voting, an election officer shall disarrange a

supply of the ballots so that they are in random numerical order.

(b) The disarranged ballots shall be placed face down on a

table in a manner preventing an election officer or other person

from ascertaining the number of a ballot selected by a voter.

(c) The provisional ballots shall be placed separately from

the regular ballots.

Sec. 62.010. DISTANCE MARKER. (a) An election officer

shall place one or more distance markers at the outer limits of the

area within which electioneering is prohibited.

(b) A distance marker must contain the following language

printed in large letters: "Distance Marker. No electioneering or

loitering between this point and the entrance to the polling

place."

Sec. 62.011. INSTRUCTION POSTER. (a) An election officer

shall post an instruction poster:

(1) in each voting station; and

(2) in one or more other locations in the polling place

where it can be read by persons waiting to vote.

(b) The secretary of state shall prescribe the form and

content of the instruction poster. If it is not practical to fit all

of the information required by this section on a single poster, the

secretary of state may provide for the use of two or more posters to

convey the information.

(c) The poster must include instructions applicable to the

election on:

(1) marking and depositing the ballot;

(2) voting for a write-in candidate;

(3) casting a provisional ballot; and

(4) securing an additional ballot if the voter's

original ballot is spoiled.

(d) The poster must also include the following information:

(1) the date of the election and the hours during which

the polling place is open;

(2) general information on voting rights under state

and federal laws, including information on the right of an

individual to cast a provisional ballot and the individuals to

contact if a person believes these rights have been violated; and

(3) general information on state and federal laws that

prohibit acts of fraud or misrepresentation.

Sec. 62.0111. NOTICE OF PROHIBITION OF CERTAIN DEVICES.

(a) At the discretion of the presiding judge, notice of the

prohibition of the use of certain devices under Section 61.014 may

be posted at one or more locations in the polling place where it can

be read by persons waiting to vote.

(b) The secretary of state shall prescribe the wording of a

notice posted under this section.

Sec. 62.0112. NOTICE OF VOTER COMPLAINT INFORMATION. (a)

At one or more locations in the polling place easily visible to

voters, the presiding judge shall post notice in a form prescribed

by the secretary of state that informs voters of whom [ who ] to call

or write to if a voter has a complaint about the conduct of the

election.

(b) The title of the notice must read "Voter Complaint

Information" and must be printed in at least 100-point Times New

Roman font. The notice must:

(1) include the telephone number for the voting rights

hotline established by the secretary of state under Section

31.0055;

(2) include any available telephone number dedicated

to reporting complaints about the local election official that is

administering the election; and

(3) include mailing addresses or Internet websites, as

available, to which voters may direct complaints to the federal,

state, or local governments about the conduct of elections.

Sec. 62.0115. PUBLIC NOTICE OF VOTERS' RIGHTS. (a) The

secretary of state shall adopt rules providing for publicizing

voters' rights as prescribed by this section. The rules must

require that a notice of those rights be publicized:

(1) by being posted by an election officer in a

prominent location at each polling place;

(2) on the Internet website of the secretary of state;

(3) through material published by the secretary of

state; or

(4) in another manner designed to give voters notice

of their rights.

(b) Except as revised by the secretary of state under

Subsection (d), the notice must state that a voter has the right to:

(1) vote a ballot and view written instructions on how

to cast a ballot;

(2) vote in secret and free from intimidation;

(3) receive up to two additional ballots if the voter

mismarks, damages, or otherwise spoils a ballot;

(4) request instructions on how to cast a ballot, but

not to receive suggestions on how to vote;

(5) bring an interpreter to translate the ballot and

any instructions from election officials;

(6) receive assistance in casting the ballot if the

voter:

(A) has a physical disability that renders the

voter unable to write or see; or

(B) cannot read the language in which the ballot

is written;

(7) cast a ballot on executing an affidavit as

provided by law, if the voter's eligibility to vote is questioned;

(8) report an existing or potential abuse of voting

rights to the secretary of state or the local election official;

(9) [ except as provided by Section 85.066(b), Election

Code, ] vote during the [ at any early ] voting period [ location in the

county in which the voter resides ] in an election held at county

expense, a primary election, or a special election ordered by the

governor at a location in which the voter would be eligible to vote

on election day ; and

(10) file an administrative complaint with the

secretary of state concerning a violation of federal or state

voting procedures.

(c) The notice must also state:

(1) the information relating to the voting rights

hotline required under Section 31.0055; and

(2) any other information that the secretary of state

considers important for a voter to know.

(d) The secretary of state shall prescribe the form and

content of the notice in accordance with this section. The

secretary of state shall revise the content of the notice as

necessary to ensure that the notice accurately reflects the law in

effect at the time the notice is publicized.

Sec. 62.012. POSTING SAMPLE BALLOT. An election officer

shall post a sample ballot in one or more locations in the polling

place where it can be read by persons waiting to vote.

Sec. 62.013. UNAUTHORIZED POSTING OF SIGNS PROHIBITED. (a)

An election officer commits an offense if the officer knowingly

posts at a polling place, including the area within 100 feet of an

outside door through which a voter may enter the building in which

the polling place is located, a sign, card, poster, or other similar

material that:

(1) is not authorized or required by law; or

(2) is in a form or contains information that is not

authorized or required by law.

(b) A person other than an election officer commits an

offense if the person posts a sign, card, poster, or other similar

material at a polling place, including the 100-foot area described

by Subsection (a).

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

Sec. 62.014. MODIFICATION OF LIST OF REGISTERED VOTERS.

(a) If a registration correction list is provided for a polling

place, an election officer shall make the changes to the list of

registered voters that are necessary to make it conform to the

registration correction list.

(c) An election officer may make the changes to the list of

registered voters required by this section at a location other than

the polling place before it is opened for voting.

Sec. 62.015. PLACING INDELIBLE MARKING INSTRUMENT IN

STATION. (a) An indelible marking instrument shall be placed in

each voting station.

(b) In this section, "indelible marking instrument" means

an instrument that makes marks that cannot easily be removed or

erased.

Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE

POLLING PLACES. The presiding judge shall post in a prominent place

on the outside of each polling location a list of the acceptable

forms of identification. The list must be printed using a font that

is at least 24-point. The notice required under this section must be

posted separately from any other notice required by state or

federal law.

CHAPTER 63. ACCEPTING VOTER

Sec. 63.001. REGULAR PROCEDURE FOR ACCEPTING VOTER. (a)

Except as otherwise provided by this code, acceptance of voters

shall be conducted as provided by this section and Section 63.0011.

(b) Except as provided by Subsection (h), on offering to

vote, a voter must present to an election officer at the polling

place:

(1) one form of photo identification listed in Section

63.0101(a); or

(2) one form of identification listed in Section

63.0101(b) accompanied by the declaration described by Subsection

(i).

(c) On presentation of the documentation required under

Subsection (b), an election officer shall determine whether the

voter's name on the documentation is on the list of registered

voters for the precinct. If in making a determination under this

subsection the election officer determines under standards adopted

by the secretary of state that the voter's name on the documentation

is substantially similar to but does not match exactly with the name

on the list, the voter shall be accepted for voting under Subsection

(d) if the voter submits an affidavit stating that the voter is the

person on the list of registered voters.

(c-1) An election officer may not refuse to accept

documentation presented to meet the requirements of Subsection (b)

solely because the address on the documentation does not match the

address on the list of registered voters.

(d) If, as determined under Subsection (c), the voter's name

is on the precinct list of registered voters and the voter's

identity can be verified from the documentation presented under

Subsection (b), the voter shall be accepted for voting. An election

officer may not question the reasonableness of an impediment sworn

to by a voter in a declaration described by Subsection (i).

(e) On accepting a voter, an election officer shall indicate

beside the voter's name on the list of registered voters that the

voter is accepted for voting. If the voter executes a declaration of

reasonable impediment to meet the requirement for identification

under Subsection (b), the election officer must affix the voter's

voter registration number to the declaration either in numeric or

bar code form.

(f) After determining whether to accept a voter, an election

officer shall return the voter's documentation to the voter.

(g) If the requirements for identification prescribed by

Subsection (b) are not met, the voter may be accepted for

provisional voting only under Section 63.011. For a voter who is not

accepted for voting under this section, an election officer shall:

(1) inform the voter of the voter's right to cast a

provisional ballot under Section 63.011; and

(2) provide the voter with written information, in a

form prescribed by the secretary of state, that:

(A) lists the requirements for identification;

(B) states the procedure for presenting

identification under Section 92.1541 [ 65.0541 ];

(C) includes a map showing the location where

identification must be presented; and

(D) includes notice that if all procedures are

followed and the voter is found to be eligible to vote and is voting

in the correct precinct, the voter's provisional ballot will be

accepted.

(h) The requirements for identification prescribed by

Subsection (b) do not apply to a voter who is disabled and presents

the voter's voter registration certificate containing the

indication described by Section 15.001(c) on offering to vote.

(i) If the requirement for identification prescribed by

Subsection (b)(1) is not met, an election officer shall notify the

voter that the voter may be accepted for voting if the voter meets

the requirement for identification prescribed by Subsection (b)(2)

and executes a declaration declaring the voter has a reasonable

impediment to meeting the requirement for identification

prescribed by Subsection (b)(1). A person is subject to prosecution

for perjury under Chapter 37, Penal Code, or Section 63.0013 for a

false statement or false information on the declaration. The

secretary of state shall prescribe the form of the declaration. The

form shall include:

(1) a notice that a person is subject to prosecution

for perjury under Chapter 37, Penal Code, or Section 63.0013 for a

false statement or false information on the declaration;

(2) a statement that the voter swears or affirms that

the information contained in the declaration is true, that the

person described in the declaration is the same person appearing at

the polling place to sign the declaration, and that the voter faces

a reasonable impediment to procuring the identification prescribed

by Subsection (b)(1);

(3) a place for the voter to indicate one of the

following impediments:

(A) lack of transportation;

(B) lack of birth certificate or other documents

needed to obtain the identification prescribed by Subsection

(b)(1);

(C) work schedule;

(D) lost or stolen identification;

(E) disability or illness;

(F) family responsibilities; and

(G) the identification prescribed by Subsection

(b)(1) has been applied for but not received;

(4) a place for the voter to sign and date the

declaration;

(5) a place for the election judge to sign and date the

declaration;

(6) a place to note the polling place at which the

declaration is signed; and

(7) a place for the election judge to note which form

of identification prescribed by Subsection (b)(2) the voter

presented.

Sec. 63.0011. STATEMENT OF RESIDENCE REQUIRED. (a) Before

a voter may be accepted for voting, an election officer shall ask

the voter if the voter's residence address on the precinct list of

registered voters is current and whether the voter has changed

residence within the county. If the voter's address is omitted from

the precinct list under Section 18.005(c), the officer shall ask

the voter if the voter's residence, if listed, on identification

presented by the voter under Section 63.001(b) is current and

whether the voter has changed residence within the county.

(b) If the voter's residence address is not current because

the voter has changed residence within the county, the voter may

vote, if otherwise eligible, in the election precinct in which the

voter is registered if the voter resides in the county in which the

voter is registered and, if applicable:

(1) resides in the political subdivision served by the

authority ordering the election if the political subdivision is

other than the county; or

(2) resides in the territory covered by the election

in a less-than-countywide election ordered by the governor or a

county authority.

(c) Before being accepted for voting, the voter must execute

and submit to an election officer a statement including:

(1) a statement that the voter satisfies the

applicable residence requirements prescribed by Subsection (b);

(2) all of the information that a person must include

in an application to register to vote under Section 13.002; and

(3) the date the statement is submitted to the

election officer.

(d) [ (c-1) ] The statement described by Subsection (c) must

include a field for the voter to enter the voter's current county of

residence.

(e) [ (d) ] The voter registrar shall provide to the general

custodian of election records a sufficient number of statements of

residence for use in each election.

(f) [ (e) ] The voter registrar shall retain each statement

of residence on file with the voter's voter registration

application.

(g) [ (f) ] Information included on a statement of residence

under Subsection (c)(2) is subject to Section 13.004(c).

Sec. 63.0013. FALSE STATEMENT ON DECLARATION OF REASONABLE

IMPEDIMENT. (a) A person commits an offense if the person

intentionally makes a false statement or provides false information

on a declaration executed under Section 63.001(i).

(b) An offense under this section is a state jail felony.

Sec. 63.0015. ACCEPTING VOTERS WITH CERTAIN DISABILITIES.

(a) In this section, "mobility problem that substantially impairs a

person's ability to ambulate" has the meaning assigned by Section

681.001, Transportation Code.

(b) An election officer shall accept a person with a

mobility problem that substantially impairs a person's ability to

ambulate who is offering to vote before accepting others offering

to vote at the polling place who arrived before the person.

(c) Notice of the priority given to persons with a mobility

problem that substantially impairs a person's ability to ambulate

shall be posted:

(1) at each entrance to a polling place where it can be

read by persons waiting to vote;

(2) on the Internet website of the secretary of state;

and

(3) on each Internet website relating to elections

maintained by a county.

(d) The notice required by Subsection (c) must read:

"Pursuant to Section 63.0015, Election Code, an election officer

shall give voting order priority to individuals with a mobility

problem that substantially impairs the person's ability to move

around. A person assisting an individual with a mobility problem

may also, at the individual's request, be given voting order

priority. Disabilities and conditions that may qualify you for

voting order priority include paralysis, lung disease, the use of

portable oxygen, cardiac deficiency, severe limitation in the

ability to walk due to arthritic, neurological, or orthopedic

condition, wheelchair confinement, arthritis, foot disorder, the

inability to walk 200 feet without stopping to rest, or use of a

brace, cane, crutch, or other assistive device."

(e) A person assisting a voter in accordance with Section

64.032(c) may be accepted to vote concurrently with a person

accepted under Subsection (b) of this section at the voter's

request.

(f) All procedures and accommodations available for voters

with disabilities, including voting under Section 64.009, shall be

posted in an accessible manner on the county clerk's Internet

website.

Sec. 63.002. SIGNATURE ROSTER. (a) A signature roster

shall be maintained by an election officer at the polling place

during the voting period and on election day .

(b) A voter who is accepted for voting must sign the roster

before the voter is permitted to vote.

(c) If the voter cannot sign the voter's name, an election

officer shall enter the voter's name with a notation of the reason

for the voter's inability to sign the roster.

(d) The signature roster may be in the form of an electronic

device approved by the secretary of state that is capable of

capturing a voter's signature next to the voter's name on the

device. The secretary of state shall adopt rules governing the

processing of electronic signatures captured under this

subsection.

Sec. 63.003. POLL LIST. (a) A poll list shall be maintained

by an election officer at the polling place during the voting period

and on election day .

(b) The poll list shall be maintained as an original and two

copies.

(c) An election officer shall enter each accepted voter's

name on the list after the voter signs the signature roster. The

voters' names shall be entered on the poll list in the same order in

which they appear on the signature roster.

(d) The poll list may be in the form of an electronic device

approved by the secretary of state. The secretary of state shall

adopt rules governing the use of electronic poll lists.

Sec. 63.004. COMBINATION FORM. (a) The secretary of state

may prescribe forms that combine the poll list, the signature

roster, or any other form used in connection with the acceptance of

voters at polling places with each other or with the list of

registered voters. The secretary shall prescribe any special

instructions necessary for using the combination forms. The

combination forms must include space for an election officer to

indicate whether a voter executed a declaration of reasonable

impediment under Section 63.001(i).

(b) The authority responsible for procuring the supplies

for an election may furnish combination forms for use at the polling

places.

(c) If a combination form is used, it shall be maintained in

the number of copies specified by this code for the separate form

incorporated into it for which the largest number of copies is

required.

(d) An authority procuring lists of registered voters for

use in an election may not require the voter registrar to furnish

the lists in combination form without the registrar's consent. A

registrar may not require an authority requesting the lists to

accept them in combination form without the authority's consent.

(e) A combination form may be in the form of an electronic

device approved by the secretary of state. The secretary of state

shall adopt rules governing the minimum requirements and approval

of an electronic device used for any form used in connection with

the acceptance of voters at a polling place.

Sec. 63.005. REGISTRATION OMISSIONS LIST. (a) A

registration omissions list shall be maintained by an election

officer at the polling place.

(b) With respect to each voter who is accepted for voting

but whose name is not on the list of registered voters for the

precinct in which the voter is accepted, the election officer shall

record:

(1) the voter's name, residence address, and voter

registration number, if known; and

(2) a notation of the section of this code under which

the voter is accepted that provides for accepting voters who are not

on the list.

Sec. 63.0051. CONFIRMING REGISTRATION STATUS OF VOTER. (a)

If the name of a voter who is offering to vote is not on the precinct

list of registered voters, an election officer may contact the

voter registrar regarding the voter's registration status.

(b) If the election officer determines the voter is a

registered voter of the territory covered by the election but is

offering to vote in the incorrect precinct, the election officer

shall provide the correct precinct location information to the

voter.

(c) Notwithstanding Section 63.009, a voter shall be

accepted for voting if the voter's identity has been verified from

documentation as required by Section 63.001(b) and it can be

determined from the voter registrar that:

(1) the voter's registration was improperly canceled

and has been reinstated under Section 16.037;

(2) an error in the voter registration record caused

the voter's name to not appear on the list of registered voters, and

the error has been corrected under Section 15.022; or

(3) the voter's name has been inadvertently left off

the list of registered voters for the precinct.

(d) After the voter is accepted under Subsection (c), an

election officer shall enter the voter's name on the registration

omissions list.

(e) The voter shall be accepted for provisional voting under

Section 63.011 if the election officer cannot determine that the

voter is a registered voter of the territory covered by the election

in which the voter is offering to vote.

Sec. 63.006. VOTER WITH REQUIRED DOCUMENTATION WHO IS NOT

ON LIST. (a) A voter who, when offering to vote, presents the

documentation required under Section 63.001(b) but whose name is

not on the precinct list of registered voters shall be accepted for

voting if the voter also presents a voter registration certificate

indicating that the voter is currently registered:

(1) in the precinct in which the voter is offering to

vote; or

(2) in a different precinct in the same county as the

precinct in which the voter is offering to vote and the voter

executes an affidavit stating that the voter:

(A) is a resident of the precinct in which the

voter is offering to vote or is otherwise entitled by law to vote in

that precinct;

(B) was a resident of the precinct in which the

voter is offering to vote at the time the information on the voter's

residence address was last provided to the voter registrar;

(C) did not deliberately provide false

information to secure registration in a precinct in which the voter

does not reside; and

(D) is voting only once in the election.

(b) After the voter is accepted, an election officer shall:

(1) indicate beside the voter's name on the poll list

that the voter was accepted under this section; and

(2) enter the voter's name on the registration

omissions list.

Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.

A voter who does not present a voter registration certificate when

offering to vote, and whose name is not on the list of registered

voters for the precinct in which the voter is offering to vote,

shall be accepted for provisional voting if the voter executes an

affidavit in accordance with Section 63.011.

Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.

(a) The following documentation is an acceptable form of photo

identification under this chapter:

(1) a driver's license, election identification

certificate, or personal identification card issued to the person

by the Department of Public Safety that has not expired or that

expired no earlier than four years before the date of presentation;

(2) a United States military identification card that

contains the person's photograph that has not expired or that

expired no earlier than four years before the date of presentation;

(3) a United States citizenship certificate issued to

the person that contains the person's photograph;

(4) a United States passport book or card issued to the

person that has not expired or that expired no earlier than four

years before the date of presentation; or

(5) a license to carry a handgun issued to the person

by the Department of Public Safety that has not expired or that

expired no earlier than four years before the date of presentation.

(b) The following documentation is acceptable as proof of

identification under this chapter:

(1) a government document that shows the name and

address of the voter, including the voter's voter registration

certificate;

(2) one of the following documents that shows the name

and address of the voter:

(A) a copy of a current utility bill;

(B) a bank statement;

(C) a government check; or

(D) a paycheck; or

(3) a certified copy of a domestic birth certificate

or other document confirming birth that is admissible in a court of

law and establishes the person's identity.

(c) A person 70 years of age or older may use a form of

identification listed in Subsection (a) that has expired for the

purposes of voting if the identification is otherwise valid.

(d) Pursuant to Section 63.001(c), proof of identification

is presented only for the purpose of identifying a voter and not for

verification of residence.

Sec. 63.0102. USE OF CERTAIN ELECTRONICALLY READABLE

INFORMATION. (a) An election officer may access electronically

readable information on a driver's license or personal

identification card for proof of identification when determining

whether a voter shall be accepted for voting.

(b) The secretary of state shall prescribe any necessary

procedures to implement this section.

Sec. 63.011. PROVISIONAL VOTING. (a) A person to whom

Section 63.001(g) or 63.009 applies may cast a provisional ballot

if the person executes an affidavit stating that the person:

(1) is a registered voter in the precinct in which the

person seeks to vote; and

(2) is eligible to vote in the election.

(b) [ (a-1) ] A person to whom the county [ early voting ] clerk

was required to provide a mail [ an early voting ] ballot [ by mail ]

under Section 73.001 [ 86.001 ] and who did not vote [ early ] by mail

may cast a provisional ballot on election day if the person executes

an affidavit stating that the person:

(1) is a registered voter in the precinct in which the

person seeks to vote; and

(2) did not vote [ early ] by mail.

(c) [ (b) ] A form for an affidavit required by this section

must be printed on an envelope in which the provisional ballot voted

by the person may be placed and must include:

(1) a space for entering the identification number of

the provisional ballot voted by the person; and

(2) a space for an election officer to indicate

whether the person presented a form of identification described by

Section 63.0101.

(d) [ (b-1) ] The affidavit form may include space for

disclosure of any necessary information to enable the person to

register to vote under Chapter 13. The secretary of state shall

prescribe the form of the affidavit under this section.

(e) [ (c) ] After executing the affidavit, the person shall

be given a provisional ballot for the election. An election officer

shall record the number of the ballot on the space provided on the

affidavit.

(f) [ (d) ] An election officer shall enter "provisional

vote" on the poll list beside the name of each voter who is accepted

for voting under this section.

(g) [ (e) ] A person who is permitted under a state or federal

court order to cast a ballot in an election for a federal office

after the time allowed by Subchapter B, Chapter 41, must cast the

ballot as a provisional vote in the manner required by this section.

Sec. 63.0111. OFFENSES RELATED TO PROVISIONAL VOTING. (a)

An election judge commits an offense if the judge knowingly

provides a voter with a form for an affidavit required by Section

63.001 if the form contains information that the judge entered on

the form knowing it was false.

(b) An offense under this section is a state jail felony.

Sec. 63.012. UNLAWFULLY ACCEPTING OR REFUSING TO ACCEPT

VOTER. (a) An election officer commits an offense if the officer

knowingly:

(1) permits an ineligible voter to vote other than as

provided by Section 63.011; or

(2) refuses to accept a person for voting whose

acceptance is required by this code.

(b) An offense under this section is a Class A misdemeanor.

CHAPTER 64. VOTING PROCEDURES

SUBCHAPTER A. VOTING GENERALLY

Sec. 64.001. VOTER TO SELECT AND PREPARE BALLOT. (a) After

a voter is accepted for voting, the voter shall select a ballot, go

to a voting station, and prepare the ballot.

(b) A voter who executes an affidavit in accordance with

Section 63.011 shall select a provisional ballot.

Sec. 64.002. OCCUPANCY OF VOTING STATION. (a) Except as

otherwise provided by this code, only one person at a time may

occupy a voting station.

(b) A child under 18 years of age may accompany the child's

parent to a voting station.

Sec. 64.003. MARKING THE BALLOT FOR CANDIDATE ON BALLOT. A

vote for a particular candidate whose name is on the ballot must be

indicated by placing an "X" or other mark that clearly shows the

voter's intent in the square beside the name of the candidate for

whom the voter desires to vote.

Sec. 64.005. MARKING THE BALLOT FOR WRITE-IN CANDIDATE. In

an election in which write-in voting is permitted, a vote for a

candidate who is not on the ballot must be indicated by writing the

candidate's name in the appropriate place provided on the ballot.

Sec. 64.006. MARKING THE BALLOT FOR MEASURE. A vote on a

particular measure must be indicated by placing an "X" or other mark

that clearly shows the voter's intent in the appropriate square

that is beside the proposition and that indicates the way the voter

desires to vote on the measure.

Sec. 64.007. SPOILED BALLOT. (a) If a voter mismarks,

damages, or otherwise spoils the ballot in the process of voting,

the voter is entitled to receive a new ballot by returning the

spoiled ballot to an election officer.

(b) A voter is not entitled to receive more than three

ballots.

(c) An election officer shall maintain a register of spoiled

ballots at the polling place. An election officer shall enter on

the register the name of each voter who returns a spoiled ballot and

the spoiled ballot's number. The secretary of state shall create

and promulgate a form to be used for this purpose.

(d) After making the appropriate entry on the register, the

election officer shall deposit the spoiled ballot in ballot box no.

4.

Sec. 64.008. DEPOSITING BALLOT. (a) Except as provided by

Subsection (b), after a voter has marked the ballot, the voter shall

fold the ballot to conceal the way it is marked but to expose the

presiding judge's signature, and shall deposit it in the ballot box

used for the deposit of marked ballots.

(b) After a voter has marked a provisional ballot, the voter

shall enclose the ballot in the envelope on which the voter's

executed affidavit is printed. The person shall seal the envelope

and deposit it in a box available for the deposit of provisional

ballots.

(c) At the time a person casts a provisional ballot under

Subsection (b), an election officer shall give the person written

information describing how the person may use the free access

system established under Section 92.159 [ 65.059 ] to obtain

information on the disposition of the person's vote.

Sec. 64.009. VOTER UNABLE TO ENTER POLLING PLACE. (a) If a

voter is physically unable to enter the polling place without

personal assistance or likelihood of injuring the voter's health,

on the voter's request, an election officer shall deliver a ballot

to the voter at the polling place entrance or curb.

(b) [ (a-1) ] At each polling place an area for parking not

smaller than the size of one parking space shall be reserved for

voting under this section. The area may not be designated

specifically for persons with disabilities. The area must be

clearly marked with a sign:

(1) indicating that the space is reserved for use by a

voter who is unable to enter the polling place; and

(2) displaying, in large font that is clearly readable

from a vehicle, a telephone number that a voter may call or text to

request assistance from an election officer at the polling place.

(c) [ (a-2) ] As an alternative to displaying a telephone

number under Subsection (b)(2) [ (a-1)(2) ], a parking space may

comply with the requirements of this section by providing the voter

with a button or intercom that the voter may use to request

assistance from an election officer.

(d) [ (b) ] The regular voting procedures, except those in

Subchapter B, may be modified by the election officer to the extent

necessary to conduct voting under this section.

(e) [ (c) ] After the voter is accepted for voting, the voter

shall mark the ballot and give it to the election officer who shall

deposit it in the ballot box.

(f) [ (d) ] On the voter's request, a person accompanying the

voter shall be permitted to select the voter's ballot and deposit

the ballot in the ballot box.

(g) [ (e) ] Except as provided by Section 33.057, a poll

watcher is entitled to observe any activity conducted under this

section.

(h) [ (f) ] A person who simultaneously assists seven or more

voters voting under this section by providing the voters with

transportation to the polling place must complete and sign a form,

provided by an election officer, that contains the person's name

and address and whether the person is providing assistance solely

under this section or under both this section and Subchapter B.

(i) [ (f-1) ] Subsection (h) [ (f) ] does not apply if the

person is related to each voter within the second degree by affinity

or the third degree by consanguinity, as determined under

Subchapter B, Chapter 573, Government Code.

(j) [ (g) ] A form completed under Subsection (h) [ (f) ] shall

be delivered to the secretary of state as soon as practicable. The

secretary shall retain a form delivered under this section for the

period for preserving the precinct election records and shall make

the form available to the attorney general for inspection upon

request.

(k) [ (h) ] The secretary of state shall prescribe the form

described by Subsection (h) [ (f) ].

Sec. 64.010. UNLAWFULLY PERMITTING OR PREVENTING DEPOSIT OF

BALLOT. (a) An election officer commits an offense if the officer:

(1) permits a person to deposit in the ballot box a

ballot that the officer knows was not provided at the polling place

to the voter who is depositing the ballot or for whom the deposit is

made; or

(2) prevents the deposit in the ballot box of a marked

and properly folded ballot that was provided at the polling place to

the voter who is depositing it or for whom the deposit is attempted.

(b) An offense under this section is a Class B misdemeanor.

Sec. 64.011. UNLAWFULLY DEPOSITING BALLOT. (a) A person

commits an offense if the person deposits or attempts to deposit in

a ballot box a ballot that was not provided to the person who is

depositing the ballot or for whom the deposit is made or attempted.

(b) An offense under this section is a Class A misdemeanor

unless the person is convicted of an attempt. In that case, the

offense is a Class B misdemeanor.

Sec. 64.012. ILLEGAL VOTING. (a) A person commits an

offense if the person knowingly or intentionally:

(1) votes or attempts to vote in an election in which

the person knows the person is not eligible to vote;

(2) votes or attempts to vote more than once in an

election;

(3) votes or attempts to vote a ballot belonging to

another person, or by impersonating another person;

(4) marks or attempts to mark any portion of another

person's ballot without the consent of that person, or without

specific direction from that person how to mark the ballot; or

(5) votes or attempts to vote in an election in this

state after voting in another state in an election in which a

federal office appears on the ballot and the election day for both

states is the same day.

(b) An offense under this section is a felony of the second

degree unless the person is convicted of an attempt, in which event

it is a state jail felony.

(c) A person may not be convicted solely upon the fact that

the person signed a provisional ballot affidavit under Section

63.011 unless corroborated by other evidence that the person

knowingly committed the offense.

(d) If conduct that constitutes an offense under this

section also constitutes an offense under any other law, the actor

may be prosecuted under this section, the other law, or both.

Sec. 64.013. SECURITY OF VOTING MACHINE. At the close of

each day of voting during the voting period, including the last day,

the presiding judge at each polling place shall secure each voting

machine in the manner prescribed by the secretary of state to

prevent its unauthorized operation. The presiding judge shall

unsecure the machine before the beginning of voting the following

day.

Sec. 64.014. PUBLICATION OF VOTING INFORMATION. (a)

Information on the poll list for a person who votes a ballot during

the voting period shall be made available for public inspection as

provided by Subsection (b) not later than 11 a.m. on the day after

the date the information is entered on the poll list.

(b) The information under Subsection (a) must be made

available:

(1) on the publicly accessible Internet website of the

county; or

(2) if the county does not maintain a website, on the

bulletin board used for posting notice of meetings of the

commissioners court.

(c) The county clerk for a primary election or the general

election for state and county officers shall submit to the

secretary of state for posting on the secretary of state's Internet

website the information described by Subsection (a) not later than

11 a.m. on the day after the date the information is entered on the

poll list.

(d) The secretary of state shall post the information

described by Subsection (c) on the secretary of state's Internet

website in a downloadable format not later than 11 a.m. on the day

following the day of receipt of the information.

(e) The secretary of state shall create a system for a

county clerk for a primary election or the general election for

state and county officers to provide the information to the

secretary of state for posting on the secretary of state's Internet

website under Subsection (c).

(f) A person registered to vote in the county may submit a

complaint to the secretary of state stating that a county clerk has

not complied with this section.

(g) The secretary of state by rule shall create and maintain

a system for receiving and recording complaints made under this

section.

(h) The secretary of state shall maintain a record

indicating county clerks who have failed to comply with the

requirements of this section.

SUBCHAPTER B. ASSISTING VOTER

Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. A voter is

eligible to receive assistance in marking or reading the ballot, as

provided by this subchapter, if the voter cannot prepare or read the

ballot because of:

(1) a physical disability that renders the voter

unable to write or see; or

(2) an inability to read the language in which the

ballot is written.

Sec. 64.032. PERSONS PROVIDING ASSISTANCE. (a) Except as

provided by Subsection (c), on a voter's request for assistance in

marking the ballot, two election officers shall provide the

assistance.

(b) If a voter is assisted by election officers in the

general election for state and county officers, each officer must

be aligned with a different political party unless there are not two

or more election officers serving the polling place who are aligned

with different parties.

(c) On the voter's request, the voter may be assisted by any

person selected by the voter other than the voter's employer, an

agent of the voter's employer, or an officer or agent of a labor

union to which the voter belongs.

(d) If assistance is provided by a person of the voter's

choice, an election officer shall enter the person's name and

address on the poll list beside the voter's name.

Sec. 64.0321. DEFINITION. For purposes of this subchapter

and Section 73.010 [ Sections 85.035 and 86.010 ], assisting a voter

includes the following conduct by a person other than the voter that

occurs while the person is in the presence of the voter's ballot or

carrier envelope:

(1) reading the ballot to the voter;

(2) directing the voter to read the ballot;

(3) marking the voter's ballot; or

(4) directing the voter to mark the ballot.

Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A

person, other than an election officer, who assists a voter in

accordance with this chapter is required to complete a form

stating:

(1) the name and address of the person assisting the

voter;

(2) the relationship to the voter of the person

assisting the voter; and

(3) whether the person assisting the voter received or

accepted any form of compensation or other benefit from a

candidate, campaign, or political committee.

(b) The secretary of state shall prescribe the form required

by this section. The form must be incorporated into the official

carrier envelope if the voter is voting [ an early voting ballot ] by

mail and receives assistance under Section 73.010 [ 86.010 ], or must

be submitted to an election officer at the time the voter casts a

ballot if the voter is voting at a polling place or under Section

64.009.

Sec. 64.033. READING BALLOT TO VOTER. (a) If a voter is

assisted by election officers, one of them shall read the entire

ballot to the voter unless the voter tells the officer that the

voter desires to vote only on certain offices or measures. In that

case, the officer shall read those items on the ballot specified by

the voter.

(b) If a voter is assisted by a person of the voter's choice,

an election officer shall ask the voter being assisted whether the

voter wants the entire ballot read to the voter. If so, the officer

shall instruct the person assisting the voter to read the entire

ballot to the voter.

Sec. 64.034. OATH. A person, other than an election

officer, selected to provide assistance to a voter must take the

following oath, administered by an election officer at the polling

place, before providing assistance:

"I swear (or affirm) under penalty of perjury that the voter I

am assisting represented to me they are eligible to receive

assistance; I will not suggest, by word, sign, or gesture, how the

voter should vote; I will confine my assistance to reading the

ballot to the voter, directing the voter to read the ballot, marking

the voter's ballot, or directing the voter to mark the ballot; I

will prepare the voter's ballot as the voter directs; I did not

pressure or coerce the voter into choosing me to provide

assistance; I am not the voter's employer, an agent of the voter's

employer, or an officer or agent of a labor union to which the voter

belongs; I will not communicate information about how the voter has

voted to another person; and I understand that if assistance is

provided to a voter who is not eligible for assistance, the voter's

ballot may not be counted."

Sec. 64.035. DEPOSITING BALLOT. After assistance has been

provided in marking a ballot, the ballot shall be folded and

deposited in the ballot box by the voter or, on the voter's request,

by the person assisting the voter.

Sec. 64.036. UNLAWFUL ASSISTANCE. (a) A person commits an

offense if the person knowingly:

(1) provides assistance to a voter who is not eligible

for assistance;

(2) while assisting a voter prepares the voter's

ballot in a way other than the way the voter directs or without

direction from the voter;

(3) while assisting a voter suggests by word, sign, or

gesture how the voter should vote; or

(4) provides assistance to a voter who has not

requested assistance or selected the person to assist the voter.

(b) A person commits an offense if the person knowingly

assists a voter in violation of Section 64.032(c).

(c) An election officer commits an offense if the officer

knowingly permits a person to provide assistance:

(1) to a voter who is not eligible for assistance; or

(2) in violation of Section 64.032(c).

(d) An offense under this section is a Class A misdemeanor.

Sec. 64.037. UNAUTHORIZED ASSISTANCE VOIDS BALLOT. If

assistance is provided to a voter who is not eligible for

assistance, the voter's ballot may not be counted.

SECTION 1.011. Title 6, Election Code, is amended by adding

Subtitles B, C, and D to read as follows:

SUBTITLE B. VOTING BY MAIL

CHAPTER 71. ELIGIBILITY FOR VOTING BY MAIL

Sec. 71.001. ABSENCE FROM COUNTY OF RESIDENCE. (a) Subject

to Subsection (b), a qualified voter is eligible to vote by mail if

the voter expects to be absent from the county of the voter's

residence on election day and during the part of the voting period

remaining after the voter's application to vote by mail is

submitted to the county clerk.

(b) If a voter's application to vote by mail is submitted on

or after the first day of the voting period, the voter is ineligible

to vote by mail unless the voter is absent from the county when the

application is submitted and satisfies the requirements prescribed

by Subsection (a).

Sec. 71.002. DISABILITY OR CONFINEMENT FOR CHILDBIRTH. (a)

A qualified voter is eligible to vote by mail if the voter:

(1) has a sickness or physical condition that prevents

the voter from appearing at the polling place during the voting

period or on election day without a likelihood of needing personal

assistance or of injuring the voter's health; or

(2) is expecting to give birth within three weeks

before or after election day.

(b) The following do not constitute sufficient cause to

entitle a voter to vote under Subsection (a):

(1) a lack of transportation;

(2) a sickness that does not prevent the voter from

appearing at the polling place during the voting period or on

election day without a likelihood of needing personal assistance or

of injuring the voter's health; or

(3) a requirement to appear at the voter's place of

employment on election day.

(c) To be eligible to vote by mail under Subsection (a)(1),

an applicant must affirmatively indicate that the applicant agrees

with the statement prescribed by Section 72.002(a)(6)(B).

Sec. 71.003. CONFINEMENT IN JAIL. (a) A qualified voter is

eligible to vote by mail if, at the time the voter's application to

vote by mail is submitted, the voter is confined in jail:

(1) serving a misdemeanor sentence for a term that

ends on or after election day;

(2) pending trial after denial of bail;

(3) without bail pending an appeal of a felony

conviction; or

(4) pending trial or appeal on a bailable offense for

which release on bail before election day is unlikely.

(b) A voter confined in jail who is eligible to vote may not

vote in person unless the authority in charge of the jail, in the

authority's discretion, permits the voter to do so.

Sec. 71.004. PARTICIPATION IN ADDRESS CONFIDENTIALITY

PROGRAM. A qualified voter is eligible to vote by mail if:

(1) the voter submitted a registration application by

personal delivery as required by Section 13.002(e); and

(2) at the time the voter's application to vote by mail

is submitted, the voter is certified for participation in the

address confidentiality program administered by the attorney

general under Subchapter B, Chapter 58, Code of Criminal Procedure.

Sec. 71.005. INVOLUNTARY CIVIL COMMITMENT. A qualified

voter is eligible to vote by mail if, at the time the voter's

application to vote by mail is submitted, the voter is a person who

is civilly committed as a sexually violent predator under Chapter

841, Health and Safety Code, and is ordered as a condition of civil

commitment to reside in a facility operated by or under contract

with the Texas Civil Commitment Office.

CHAPTER 72. APPLICATION TO VOTE BY MAIL

SUBCHAPTER A. APPLICATION REQUIRED

Sec. 72.001. APPLICATION REQUIRED. (a) To be entitled to

vote by mail, a person who is eligible must make an application to

vote by mail as provided by this subtitle.

(b) Subject to Section 1.011, an application must be

submitted in writing and signed by the applicant using ink on paper.

An electronic signature or photocopied signature is not permitted.

(c) An applicant is not required to use an official

application form.

(d) An application must be submitted by mail to the county

clerk for the election who serves the election precinct of the

applicant's residence.

(e) A timely application that is addressed to the wrong

county clerk shall be forwarded to the proper county clerk not later

than the day after the date it is received by the wrong clerk.

(f) An applicant to vote by mail may apply for ballots for

the main election and any resulting runoff election on the same

application. If an application for the main election and any

resulting runoff is not timely for the main election, it will be

considered timely for any resulting runoff if received not later

than the deadline, determined using the date of the runoff

election, for submitting a regular application to vote by mail.

(g) A person who has not made an application as provided by

this subtitle is not entitled to receive a mail ballot.

Sec. 72.002. CONTENTS OF APPLICATION. (a) An application

to vote by mail must include:

(1) the applicant's name and the address at which the

applicant is registered to vote;

(2) the following information:

(A) the number of the applicant's driver's

license, election identification certificate, or personal

identification card issued by the Department of Public Safety;

(B) if the applicant has not been issued a number

described by Paragraph (A), the last four digits of the applicant's

social security number; or

(C) a statement by the applicant that the

applicant has not been issued a number described by Paragraph (A) or

(B);

(3) an indication of each election for which the

applicant is applying for a ballot;

(4) an indication of the ground of eligibility for

voting by mail;

(5) for an application to vote by mail on the ground of

absence from the county of residence:

(A) the address to which the ballot is to be

mailed; and

(B) an indication that the applicant satisfies

the requirements prescribed by Section 71.001;

(6) for an application to vote by mail on the ground of

disability:

(A) the address of the hospital or long-term care

facility, or of a person related to the applicant within the second

degree by affinity or the third degree by consanguinity, as

determined under Chapter 573, Government Code, if the applicant is

living at that address and that address is different from the

address at which the applicant is registered to vote; and

(B) an affirmative indication that the applicant

agrees with the statement, "I have a sickness or physical condition

that prevents me from appearing at the polling place on election day

without a likelihood of needing personal assistance or injuring my

health," as prescribed by Section 71.002(a);

(7) for an application to vote by mail on the ground of

confinement in jail, the address of the jail or of a person related

to the applicant within the degree described by Subdivision (6)(A);

and

(8) for an application to vote by mail on the ground of

involuntary civil commitment, the address of the facility operated

by or under contract with the Texas Civil Commitment Office or of a

person related to the applicant within the degree of consanguinity

described by Subdivision (6)(A).

(b) A person may use the number of a driver's license,

election identification certificate, or personal identification

card that has expired for the purpose of fulfilling the requirement

under Subsection (a)(2) if the license or identification is

otherwise valid.

(c) An applicant to vote by mail on the ground of absence

from the county of residence may receive that ballot at:

(1) an address outside the applicant's county of

residence; or

(2) the applicant's own residence.

Sec. 72.0021. CONTENTS OF APPLICATION FOR PARTICIPANT IN

ADDRESS CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION. (a) An

application to vote by mail submitted by a qualified voter who is

eligible to vote by mail under Section 71.004 must include:

(1) the applicant's name and address at which the

applicant is registered to vote;

(2) the substitute post office box address designated

by the attorney general under Article 58.052(b), Code of Criminal

Procedure, for use by the voter in place of the voter's true

residential, business, or school address; and

(3) an indication of each election for which the

applicant is applying for a ballot.

(b) The information contained in an application under this

section relating to the address at which the applicant is

registered to vote is confidential, except that the information

must be disclosed if:

(1) requested by a law enforcement agency; or

(2) required by court order.

Sec. 72.003. SIGNING APPLICATION BY WITNESS; ASSISTING

APPLICANT. (a) An application to vote by mail signed for the

applicant by a witness other than the county clerk or a deputy must

indicate the witness's relationship to the applicant or, if

unrelated, indicate that fact.

(b) A person who acts as a witness for an applicant

submitting an application to vote by mail commits an offense if the

person knowingly fails to comply with Section 1.011. A person who

in the presence of the applicant otherwise assists an applicant in

completing an application to vote by mail commits an offense if the

person knowingly fails to comply with Section 1.011(d) in the same

manner as a witness.

(c) An offense under this section is a Class A misdemeanor.

(d) Subsection (b) does not apply if the person is related

to the applicant within the second degree by affinity or the third

degree by consanguinity, as determined under Subchapter B, Chapter

573, Government Code, or is registered to vote at the same address

as the applicant.

Sec. 72.004. UNLAWFULLY WITNESSING APPLICATION FOR MORE

THAN ONE APPLICANT. (a) A person commits an offense if:

(1) the person signs an application to vote by mail as

a witness for more than one applicant in the same election; or

(2) the person signs an application to vote annually

by mail as a witness for more than one applicant in the same

calendar year.

(b) A person does not commit an offense under Subsection (a)

if the person signs applications to vote by mail for more than one

applicant and the person:

(1) signed the applications in the person's capacity

as a county clerk or deputy county clerk; or

(2) is related to the additional applicants as a

parent, grandparent, spouse, child, or sibling.

(c) A violation of this section does not affect the validity

of an application involved in the offense.

(d) Each application signed by the witness in violation of

this section constitutes a separate offense.

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

Sec. 72.0041. FRAUDULENT USE OF APPLICATION TO VOTE BY

MAIL. (a) A person commits an offense if the person:

(1) knowingly provides false information on an

application to vote by mail;

(2) intentionally causes false information to be

provided on an application to vote by mail;

(3) knowingly submits an application to vote by mail

without the knowledge and authorization of the voter; or

(4) knowingly and without the voter's authorization

alters information provided by the voter on an application to vote

by mail.

(b) An offense under this section is a state jail felony.

(c) An offense under Subsection (a)(4) does not apply to a

county clerk or deputy county clerk who receives and marks an

application for administrative purposes only.

(d) An offense under this section is increased to the next

higher category of offense if it is shown on the trial of an offense

under this section that:

(1) the defendant was previously convicted of an

offense under this code;

(2) the offense involved a voter 65 years of age or

older; or

(3) the defendant committed another offense under this

section in the same election.

Sec. 72.005. APPLICATION COMPONENTS. Each document that

contains information required for an application to vote by mail

and that is submitted to the county clerk, and any envelope in which

an application is submitted, is part of the application to vote by

mail.

Sec. 72.006. SUBMITTING APPLICATION TO VOTE BY MAIL:

GENERAL RULE. (a) Except as provided by Sections 72.007 and

72.008, an application to vote by mail must be submitted as provided

by this section.

(b) An application must be submitted to the county clerk by:

(1) mail;

(2) common or contract carrier;

(3) subject to Subsection (c), telephonic facsimile

machine, if a machine is available in the clerk's office; or

(4) subject to Subsection (c), electronic

transmission of a scanned application containing an original

signature.

(c) For an application to vote by mail submitted by

telephonic facsimile machine or electronic transmission to be

effective, the application also must be submitted by mail and be

received by the county clerk not later than the fourth business day

after the transmission by telephonic facsimile machine or

electronic transmission is received.

(d) Except as provided by Section 73.0012(b), an

application may be submitted at any time in the year of the election

for which a ballot is requested, but not later than the close of

regular business in the county clerk's office or 12 noon, whichever

is later, on the 11th day before election day unless that day is a

Saturday, Sunday, or legal state or national holiday, in which case

the last day is the first preceding regular business day.

(e) An application is considered to be submitted at the time

of its receipt by the county clerk.

(f) The county clerk shall designate an e-mail address for

receipt of an application under Subsection (b)(4). The secretary

of state shall include the e-mail address designated by each county

clerk on the secretary of state's Internet website.

Sec. 72.007. SUBMITTING APPLICATION TO VOTE BY MAIL:

PERSONAL DELIVERY. Except as otherwise provided by this code, an

applicant to vote by mail may submit the application by delivering

it in person to the county clerk if the application is submitted not

later than the deadline provided by Section 72.006(d).

Sec. 72.008. SUBMITTING APPLICATION TO VOTE BY MAIL:

CONFINEMENT IN JAIL. On request of the applicant, an application to

vote by mail on the ground of confinement in jail may be submitted

to the county clerk, at the discretion of the authority in charge of

the jail, by personal delivery by the jail authority or by a

designated subordinate of the authority.

Sec. 72.009. PRESERVATION OF APPLICATION. Each application

to vote by mail shall be preserved after the election for the period

for preserving the precinct election records.

Sec. 72.010. OFFICIAL APPLICATION FORM. (a) The

officially prescribed application form to vote by mail must

include:

(1) immediately preceding the signature space the

statement: "I certify that the information given in this

application is true, and I understand that giving false information

in this application is a crime.";

(2) a statement informing the applicant of the

offenses prescribed by Sections 72.003 and 72.004;

(3) spaces for entering an applicant's voter

registration number and county election precinct of registration,

with a statement informing the applicant that failure to furnish

that information does not invalidate the application;

(4) a space for entering the information required under

Section 72.002(a)(2);

(5) a space for an applicant applying on the ground of

absence from the county of residence to indicate the date on or

after which the applicant can receive mail at the address described

by Section 72.002(c);

(6) a space for indicating the fact that an applicant

whose application is signed by a witness cannot make the

applicant's mark and a space for indicating the relationship or

lack of relationship of the witness to the applicant;

(7) a space for entering an applicant's telephone

number, with:

(A) a statement informing the applicant that

failure to furnish that information does not invalidate the

application; and

(B) a statement prescribed by the secretary of

state explaining the benefits of furnishing that information,

including how that information assists the county clerk;

(8) a space or box for an applicant applying on the

ground of disability to indicate that the address to which the

ballot is to be mailed is the address of a facility or relative

described by Section 72.002(a)(6)(A), if applicable;

(9) a space or box for an applicant applying on the

ground of confinement in jail or involuntary civil commitment to

indicate that the address to which the ballot is to be mailed is the

address of a relative described by Section 72.002(a)(7) or (8), if

applicable;

(10) a space for an applicant applying on the ground of

disability to indicate if the application is an application under

Section 73.0012;

(11) spaces for entering the signature, printed name,

and residence address of any person assisting the applicant;

(12) a statement informing the applicant of the

condition prescribed by Section 73.0011; and

(13) a statement informing the applicant of the

requirement prescribed by Section 73.003(c).

(b) The officially prescribed application form to vote by

mail must be at least eight inches by nine inches in size and be

printed in at least six-point type.

(c) The secretary of state shall make the statement

prescribed by Subsection (a)(7)(A) available on the secretary's

Internet website.

Sec. 72.011. DISTRIBUTION OF APPLICATION FORM. (a) Except

as provided by Subsection (c) or as otherwise authorized by this

code, an officer or employee of this state or of a political

subdivision of this state may not distribute an application form to

vote by mail to a person who did not request an application under

Section 72.001.

(b) An officer or employee of this state or of a political

subdivision of this state may not use public funds to facilitate the

distribution by another person of an application form to vote by

mail to a person who did not request an application under Section

72.001.

(c) A political party or a candidate for office may

distribute an application form to vote by mail to a person who did

not request an application under Section 72.001.

Sec. 72.012. CLERK TO MAIL APPLICATION FORM ON REQUEST. The

county clerk shall mail without charge an appropriate official

application form to vote by mail to each applicant requesting the

clerk to send the applicant an application form.

Sec. 72.0121. CLERK TO POST APPLICATION FORM ONLINE. (a)

The county clerk shall post the official application form to vote by

mail on the clerk's Internet website, if the clerk maintains an

Internet website, in a format that allows a person to easily

complete the application directly on the website before printing.

(b) The county clerk may use the application form provided

by the secretary of state under Section 72.013 or the county clerk's

own application form.

Sec. 72.013. APPLICATION FORMS FURNISHED BY SECRETARY OF

STATE. (a) The secretary of state shall maintain a supply of the

official application forms to vote by mail and shall furnish the

forms in reasonable quantities without charge to individuals or

organizations requesting them for distribution to voters.

(b) The secretary of state shall provide a printable

application to vote by mail in a format that complies with Section

72.0121(a) to the county clerk for use under that section.

Sec. 72.014. ACTION BY COUNTY CLERK ON CERTAIN

APPLICATIONS. If an applicant provides a date of birth, driver's

license number, or social security number on the applicant's

application to vote by mail that is different from or in addition to

the information maintained by the voter registrar in accordance

with Title 2, the county clerk shall notify the voter registrar.

The voter registrar shall update the voter's record with the

information provided by the applicant.

SUBCHAPTER B. CANCELING APPLICATION TO VOTE BY MAIL

Sec. 72.031. CANCELLATION OF APPLICATION. (a) An

application to vote by mail that has been submitted to the county

clerk may be canceled only as provided by this subchapter.

(b) A person whose application is canceled, if otherwise

eligible, may vote in the same manner as if the application had not

been submitted.

Sec. 72.032. REQUEST FOR CANCELLATION. (a) A person

desiring to cancel the person's application to vote by mail must

submit a request for the cancellation to an election officer as

provided by this section.

(b) A request must:

(1) be in writing and signed by the applicant;

(2) specify the election for which the application was

made; and

(3) except as provided by Subsection (c), (d), or (f),

be received by the county clerk:

(A) not later than the third day before election

day; and

(B) if a mail ballot sent to the applicant is

returned to the clerk as a marked ballot, before the marked ballot's

arrival at the address on the carrier envelope.

(c) An applicant may submit a request after the third day

before election day by appearing in person and:

(1) returning the mail ballot to the county clerk; or

(2) executing an affidavit that the applicant:

(A) has not received the mail ballot;

(B) never requested a mail ballot; or

(C) received notice of a defect under Section

92.0412(b) or (d).

(d) An applicant may also submit a request by appearing in

person and returning the mail ballot or presenting a notice

received under Section 73.006(k) to:

(1) the county clerk or deputy county clerk at the

county clerk's office; or

(2) the presiding election judge on election day or

during the voting period at the applicant's precinct polling place.

(e) An election officer shall maintain a register of mail

ballots returned at a polling place under Subsection (d). An

election officer shall enter on the register the name of each voter

who returns a mail ballot and the ballot's number. The secretary of

state shall adopt a form to be used for this purpose.

(f) An applicant may also submit a request at any time after

the mail ballot is returned to the county clerk as a marked ballot

and before the ballot is delivered to the mail ballot board by

appearing in person and executing an affidavit that the applicant

did not mark the ballot.

(g) A request for cancellation in a manner other than as

authorized by this section, including a request by letter, has no

effect.

Sec. 72.033. ACTION ON REQUEST. (a) The election officer

shall review each cancellation request to determine whether it

complies with Section 72.032.

(b) If the request complies, the county clerk shall cancel

the application and enter on the application "canceled" and the

date of cancellation.

(c) If the request complies, the presiding election judge

shall enter on the returned ballot or the notice, as applicable,

"canceled," place it and the request in an envelope, and deposit the

envelope in ballot box no. 4. The applicant's application is

considered to be canceled.

(d) If the request does not comply, the election officer

shall deny the request and enter on the request "denied" and the

date of and reason for the denial. The presiding election judge

shall place the request in an envelope and deposit the envelope in

ballot box no. 4.

Sec. 72.034. NOTICE OF DENIAL. Immediately after denying a

cancellation request, the election officer shall notify the

applicant of the denial. The notice must state the reason for the

denial.

Sec. 72.035. BALLOT SENT TO APPLICANT. (a) If the county

clerk cancels an application by an applicant to whom a mail ballot

has been sent, the clerk shall:

(1) remove the applicant's name from the mail voting

roster; and

(2) make any other entries in the records and take any

other action necessary to prevent the ballot from being counted if

returned.

(b) An election judge may permit a person to whom a mail

ballot has been sent who cancels the person's application to vote by

mail in accordance with Section 72.032 but fails to return the mail

ballot to the county clerk, deputy county clerk, or presiding judge

as provided by that section to vote only a provisional ballot under

Section 63.011.

Sec. 72.036. DISPOSITION OF RETURNED BALLOT. (a) If a mail

ballot sent to an applicant whose application is canceled is

returned to the county clerk as a marked ballot, the ballot shall be

treated as a marked ballot not timely returned.

(b) After making the appropriate entry on a register

maintained under Section 72.032(e), an election officer shall

deposit a mail ballot returned at a polling place under Section

72.032(d) in ballot box no. 4.

Sec. 72.037. PRESERVATION OF DOCUMENTS. (a) The county

clerk shall deliver each cancellation request to the general

custodian of election records. If the application is canceled, the

clerk shall attach it and the corresponding ballot materials, if

available, to the cancellation request and deliver it with the

request.

(b) The general custodian of election records shall

preserve cancellation requests delivered under Subsection (a) for

the period for preserving the precinct election records.

(c) The county clerk shall, not later than the 30th day

after election day, deliver notice to the attorney general of

cancellation requests received, including certified copies of

cancellation requests, applications, and carrier envelopes, if

available.

(d) The attorney general shall prescribe the form and manner

of submission under Subsection (c). The secretary of state shall

adopt rules as necessary to implement the requirements prescribed

under this subsection.

Sec. 72.038. CANCELLATION EFFECTIVE FOR SINGLE ELECTION.

The cancellation of an application to vote by mail under Section

72.032(c), (d), or (f) is effective for a single ballot only and

does not cancel the application with respect to a subsequent

election, including a subsequent election to which the same

application applies under Section 72.001(f) or 73.0012(b).

CHAPTER 73. CONDUCT OF VOTING BY MAIL

Sec. 73.001. REVIEWING APPLICATION AND PROVIDING BALLOT.

(a) The county clerk shall review each application to vote by mail.

(b) If the applicant is entitled to vote a mail ballot, the

clerk shall provide an official ballot to the applicant as provided

by this chapter.

(c) Except as provided by Section 73.008, if the applicant

is not entitled to vote by mail, the clerk shall reject the

application, enter on the application "rejected" and the reason for

and date of rejection, and deliver written notice of the reason for

the rejection to the applicant at both the residence address and

mailing address on the application. A ballot may not be provided to

an applicant whose application is rejected.

(d) If the application does not include the applicant's

correct voter registration number or county election precinct of

residence, the clerk shall enter the appropriate information on the

application before providing a ballot to the applicant.

(e) If the applicant does not have an effective voter

registration for the election, the clerk shall reject the

application unless the clerk can determine from the voter registrar

that the applicant has submitted a voter registration application

and the registration will be effective on election day.

(f) If the information required under Section 72.002(a)(2)

included on the application does not identify the same voter

identified on the applicant's application for voter registration

under Section 13.002(c)(8), the clerk shall reject the application.

(g) If an application is rejected under Subsection (f), the

clerk shall provide notice of the rejection in accordance with

Subsection (c). The notice must include information regarding the

ability to correct or add information required under Section

72.002(a)(2) through the online tool described by Section

73.015(c).

(h) If an applicant corrects an application to vote by mail

online and that application subsequently identifies the same voter

identified on the applicant's application for voter registration,

the clerk shall provide a ballot to the applicant as provided by

this chapter.

(i) If a ballot is provided to the applicant, the clerk

shall indicate beside the applicant's name on the list of

registered voters that a mail ballot was provided to the applicant

and the date of providing the ballot unless the form of the list

makes it impracticable to do so.

Sec. 73.0011. COMMON OR CONTRACT CARRIER. (a) A common or

contract carrier may not be used to perform an act related to voting

by mail unless the carrier:

(1) is a bona fide, for-profit carrier, the primary

business of which is transporting or delivering property for

compensation and the business practices of which are reasonable and

prudent according to the usual standards for the business in which

it is engaged;

(2) routinely uses receipts that:

(A) permit the carrier to retrieve a receipt or

information contained in a receipt;

(B) provide space for the name and residence

address of a person who delivers a parcel to the carrier; and

(C) provide space for the date, time, and address

at which parcels are received by the carrier; and

(3) complies with laws requiring the carrier to file

an assumed name with each county in which the carrier receives or

delivers parcels or with the secretary of state, as appropriate.

(b) A common or contract carrier may not be used to perform

an act related to voting by mail if the carrier transports property

as an incidental activity of a nontransportation business activity

regardless of whether the carrier imposes a separate charge for the

transportation.

Sec. 73.0012. ANNUAL MAIL BALLOTS. (a) This section

applies only to an application to vote by mail that:

(1) indicates the ground of eligibility is disability;

and

(2) does not specify the election for which a ballot is

requested or has been marked by the applicant as an application for

more than one election.

(b) An application described by Subsection (a) is

considered to be an application to vote by mail for each election,

including any ensuing runoff:

(1) in which the applicant is eligible to vote; and

(2) that occurs before the earlier of:

(A) except as provided by Subsection (d), the end

of the calendar year in which the application was submitted;

(B) the date the county clerk receives notice

from the voter registrar under Subsection (h) that the voter has

changed residence to another county; or

(C) the date the voter's registration is

canceled.

(c) An application submitted under this section must be

submitted before the close of regular business in the county

clerk's office or 12 noon, whichever is later, on the 11th day

before election day unless that day is a Saturday, Sunday, or legal

state or national holiday, in which case the last day is the first

preceding regular business day.

(d) An application is considered to be submitted in the

following calendar year for purposes of this section if:

(1) the applicant is eligible to vote in an election

occurring in January or February of the next calendar year; and

(2) the application is submitted in the last 60 days of

a calendar year but not earlier than the 60th day before the date of

the January or February election.

(e) In an election of a political subdivision located in a

county in which the county clerk is not the authority performing the

functions of the county clerk with regard to voting by mail, the

county clerk shall provide the authority responsible for voting by

mail in the political subdivision that is holding the election a

list of voters in the portion of the political subdivision located

in the county who have ballot applications on file under this

section along with copies of the applications submitted by those

voters. The authority shall provide a mail ballot to each voter on

the list for whom the authority received a copy of an application

submitted under this section.

(f) The secretary of state shall provide a method by which

counties and political subdivisions located in the county can

exchange and update information on applications received under this

section.

(g) An application described by Subsection (a) shall be

preserved for the period for preserving the precinct election

records for the last election for which the application is

effective.

(h) The voter registrar shall notify the county clerk when a

voter's voter registration has been canceled or a voter's address or

name has changed. The county clerk must update any list of voters

who have ballot applications on file under this section based on the

information received from the voter registrar. A voter's ballot

application on file under this section may not be canceled if a

correction in registration information for the voter is a change of

address within the county in which the voter is registered or a

change of the voter's name.

Sec. 73.002. ADDITIONAL BALLOTING MATERIALS. (a) The

county clerk shall provide an official ballot envelope and carrier

envelope with each ballot provided to a voter. If the voter's name

appears on the list of registered voters with the notation "S" or a

similar notation, or the residence address on the voter's

application to vote by mail is not the same as the voter's residence

address on the list of registered voters, the clerk shall provide a

form for a statement of residence to the voter.

(b) Before providing the balloting materials to the voter,

the clerk shall enter on the carrier envelope the identity and date

of the election.

(c) The clerk shall enter on a carrier envelope the voter's

name in printed form, a notation that a statement of residence is

enclosed, if applicable, and any other information the clerk

determines necessary for proper processing of the ballot.

(d) The secretary of state shall prescribe instructions to

be printed on the balloting materials for the execution and return

of a statement of residence. The instructions must include an

explanation of the circumstances under which the ballot must be

rejected with respect to the statement.

(e) If the clerk determines that the carrier envelope and

other balloting materials will weigh more than one ounce when

returned by mail to the clerk, the clerk shall include with the

balloting materials a notice of the amount of first class postage

that will be required for the return by mail of the carrier envelope

and enclosed materials.

(f) The clerk shall include with the balloting materials:

(1) a notice of the clerk's physical address for

purposes of return by common or contract carrier or personal

delivery in accordance with Section 73.006(b); and

(2) the list of declared write-in candidates for the

election, if applicable.

(g) The carrier envelope must include a space that is hidden

from view when the envelope is sealed for the voter to enter the

following information:

(1) the number of the voter's driver's license,

election identification certificate, or personal identification

card issued by the Department of Public Safety;

(2) if the voter has not been issued a number described

by Subdivision (1), the last four digits of the voter's social

security number; or

(3) a statement by the applicant that the applicant

has not been issued a number described by Subdivision (1) or (2).

(h) A person may use the number of a driver's license,

election identification certificate, or personal identification

card that has expired for purposes of Subsection (g) if the license

or identification is otherwise valid.

(i) No record associating an individual voter with a ballot

may be created.

Sec. 73.003. METHOD OF PROVIDING BALLOT TO VOTER: REQUIRED

ADDRESS. (a) The balloting materials for voting by mail shall be

provided to the voter by mail. A ballot provided by any other

method may not be counted.

(b) Subject to Subsection (c), the balloting materials

shall be addressed to the applicable address specified in the

voter's application. The election officer providing the ballot may

not knowingly mail the materials to an address other than that

prescribed by this section.

(c) The address to which the balloting materials must be

addressed is the address at which the voter is registered to vote,

or the registered mailing address if different, unless the ground

for voting by mail is:

(1) absence from the county of residence, in which

case the address may be an address outside the voter's county of

residence;

(2) disability and the voter is living at a hospital or

long-term care facility or with a relative described by Section

72.002(a)(6)(A), in which case the address must be the address of

that facility or relative;

(3) confinement in jail, in which case the address

must be the address of the jail or of a relative described by

Section 72.002(a)(7); or

(4) involuntary civil commitment, in which case the

address must be the address of the facility or of a relative

described by Section 72.002(a)(8).

(d) If the applicable address specified in a voter's

application is an address other than that prescribed by Subsection

(c) or subject to Section 73.002(a), the voter's application shall

be rejected in accordance with Section 73.001(c).

Sec. 73.004. TIME FOR PROVIDING BALLOT TO VOTER. (a)

Except as provided by Subsection (b), the balloting materials for

voting by mail shall be mailed to a voter entitled to vote by mail

not later than the seventh calendar day after the later of the date

the clerk accepts the voter's application to vote by mail or the

date the ballots become available for mailing, except that if that

mailing date is earlier than the 37th day before election day, the

balloting materials shall be mailed not later than the 30th day

before election day.

(b) For an election to which Section 74.104 applies, the

balloting materials for a voter who indicates on the application to

vote by mail or the federal postcard application that the voter is

eligible to vote by mail as a consequence of the voter's being

outside the United States shall be mailed on or before the later of

the 45th day before election day or the seventh calendar day after

the date the clerk receives the application. However, if it is not

possible to mail the ballots by the deadline of the 45th day before

election day, the clerk shall notify the secretary of state within

24 hours of knowing that the deadline will not be met. The

secretary of state shall monitor the situation and advise the

clerk, who shall mail the ballots as soon as possible in accordance

with the secretary of state's guidelines.

Sec. 73.005. MARKING AND SEALING BALLOT. (a) A voter must

mark a mail ballot in accordance with the instructions on the ballot

envelope.

(b) A voter may mark the ballot at any time after receiving

it.

(c) After marking the ballot, the voter must place it in the

official ballot envelope and then seal the ballot envelope, place

the ballot envelope in the official carrier envelope and then seal

the carrier envelope, and sign the certificate on the carrier

envelope using ink on paper. An electronic signature or

photocopied signature is not permitted.

(d) Failure to use the official ballot envelope does not

affect the validity of the ballot.

(e) After the carrier envelope is sealed by the voter, it

may not be opened except as provided by Chapter 92.

Sec. 73.0051. UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON

OTHER THAN VOTER. (a) A person commits an offense if the person

acts as a witness for a voter in signing the certificate on the

carrier envelope and knowingly fails to comply with Section 1.011.

(b) A person other than the voter who assists a voter by

depositing the carrier envelope in the mail or with a common or

contract carrier or who obtains the carrier envelope for that

purpose must provide the person's signature, printed name, and

residence address on the reverse side of the envelope. The person

must sign the envelope using ink on paper. An electronic signature

or photocopied signature is not permitted.

(c) A person commits an offense if the person knowingly

violates Subsection (b). It is not a defense to an offense under

this subsection that the voter voluntarily gave another person

possession of the voter's carrier envelope.

(d) An offense under this section is a Class A misdemeanor,

unless it is shown on the trial of an offense under this section

that the person committed an offense under Section 64.036 for

providing unlawful assistance to the same voter in connection with

the same ballot, in which event the offense is a state jail felony.

(e) This section does not apply if the person is related to

the voter within the second degree by affinity or the third degree

by consanguinity, as determined under Subchapter B, Chapter 573,

Government Code, or was physically living in the same dwelling as

the voter at the time of the event.

(f) If conduct that constitutes an offense under this

section also constitutes an offense under any other law, the actor

may be prosecuted under this section, the other law, or both.

Sec. 73.0052. COMPENSATION FOR CARRIER ENVELOPE ACTION

PROHIBITED. (a) A person commits an offense if the person:

(1) compensates another person for depositing the

carrier envelope in the mail or with a common or contract carrier as

provided by Section 73.0051(b), as part of any performance-based

compensation scheme based on the number of ballots deposited, or in

which another person is presented with a quota of ballots to deposit

as provided by Section 73.0051(b);

(2) engages in another practice that causes another

person's compensation from or employment status with the person to

be dependent on the number of ballots deposited as provided by

Section 73.0051(b); or

(3) with knowledge that accepting compensation for

such activity is illegal, accepts compensation for an activity

described by Subdivision (1) or (2).

(b) Except as provided by Subsection (c), an offense under

this section is a misdemeanor punishable by:

(1) confinement in jail for a term of not more than 1

year or less than 30 days; or

(2) confinement described by Subdivision (1) and a

fine not to exceed $4,000.

(c) An offense under this section is a state jail felony if

it is shown on the trial of the offense that the defendant was

previously convicted two or more times under this section.

(d) An officer, director, or other agent of an entity that

commits an offense under this section is punishable for the

offense.

(e) For purposes of this section, compensation means any

form of monetary payment, goods, services, benefits, or promises or

offers of employment, or any other form of consideration offered to

another person in exchange for depositing ballots.

Sec. 73.006. METHOD OF RETURNING MARKED BALLOT. (a) A

marked ballot voted under this chapter must be returned to the

county clerk in the official carrier envelope. The carrier

envelope may be delivered in another envelope and must be

transported and delivered only by:

(1) mail;

(2) common or contract carrier; or

(3) subject to Subsections (b) and (c), in-person

delivery by the voter who voted the ballot.

(b) The voter may deliver a marked ballot in person to the

county clerk's office only while the polls are open on election day.

A voter who delivers a marked ballot in person must present an

acceptable form of identification described by Section 63.0101.

(c) An in-person delivery of a marked ballot voted under

this chapter must be received by an election official at the time of

delivery. The receiving official shall record the voter's name,

signature, and type of identification provided under Section

63.0101 on a roster prescribed by the secretary of state. The

receiving official shall attest on the roster that the delivery

complies with this section.

(d) Except as provided by Subsection (e), a carrier envelope

may not be returned in an envelope or package containing another

carrier envelope.

(e) The carrier envelopes of persons who are registered to

vote at the same address may be returned in the same envelope or

package.

(f) Each carrier envelope that is delivered by a common or

contract carrier must be accompanied by an individual delivery

receipt for that particular carrier envelope that indicates the

name and residence address of the individual who actually delivered

the envelope to the carrier and the date, hour, and address at which

the carrier envelope was received by the carrier. A delivery of

carrier envelopes is prohibited by a common or contract carrier if

the delivery originates from the address of:

(1) an office of a political party or a candidate in

the election;

(2) a candidate in the election unless the address is

the residence of the voter voting by mail;

(3) a specific-purpose or general-purpose political

committee involved in the election; or

(4) an entity that requested that the election be

held, unless the delivery is a forwarding to the county clerk.

(g) Carrier envelopes may not be collected and stored at

another location for subsequent delivery to the county clerk. The

secretary of state shall prescribe appropriate procedures to

implement this subsection and to provide accountability for the

delivery of the carrier envelopes from the voting place to the

county clerk.

(h) A person commits an offense if the person knowingly

possesses an official ballot or official carrier envelope provided

under this code to another. Unless the person possessed the ballot

or carrier envelope with intent to defraud the voter or the election

authority, this subsection does not apply to a person who, on the

date of the offense, was:

(1) related to the voter within the second degree by

affinity or the third degree by consanguinity, as determined under

Subchapter B, Chapter 573, Government Code;

(2) physically living in the same dwelling as the

voter;

(3) a county clerk or a deputy county clerk;

(4) a person who possesses a ballot or carrier

envelope solely for the purpose of lawfully assisting a voter who

was eligible for assistance under Section 73.010 and complied fully

with:

(A) Section 73.010; and

(B) Section 73.0051, if assistance was provided

in order to deposit the envelope in the mail or with a common or

contract carrier;

(5) an employee of the United States Postal Service

working in the normal course of the employee's authorized duties;

or

(6) a common or contract carrier working in the normal

course of the carrier's authorized duties if the official ballot is

sealed in an official carrier envelope that is accompanied by an

individual delivery receipt for that particular carrier envelope.

(i) An offense under Subsection (h) is a Class A misdemeanor

unless the defendant possessed the ballot or carrier envelope

without the request of the voter, in which case it is a felony of the

third degree. If conduct that constitutes an offense under this

section also constitutes an offense under any other law, the actor

may be prosecuted under this section, the other law, or both.

(j) An offense under Subsection (i) is increased to the next

higher category of offense if it is shown on the trial of an offense

under this section that:

(1) the defendant was previously convicted of an

offense under this code;

(2) the offense involved an individual 65 years of age

or older; or

(3) the defendant committed another offense under this

section in the same election.

(k) A ballot returned in violation of this section may not

be counted. If the county clerk determines that the ballot was

returned in violation of this section, the clerk shall make a

notation on the carrier envelope and treat it as a ballot not timely

returned in accordance with Section 73.011(c). If the ballot is

returned before the end of the voting period, the county clerk shall

promptly mail or otherwise deliver to the voter a written notice

informing the voter that:

(1) the voter's ballot will not be counted because of a

violation of this code; and

(2) the voter may vote if otherwise eligible during

the voting period or on election day at the voter's precinct polling

place on presentation of the notice.

(l) In the prosecution of an offense under Subsection (h):

(1) the prosecuting attorney is not required to negate

the applicability of the provisions of Subsections (h)(1)-(6) in

the accusation charging commission of an offense;

(2) the issue of the applicability of a provision of

Subsection (h)(1), (2), (3), (4), (5), or (6) is not submitted to

the jury unless evidence of that provision is admitted; and

(3) if the issue of the applicability of a provision of

Subsection (h)(1), (2), (3), (4), (5), or (6) is submitted to the

jury, the court shall charge that a reasonable doubt on the issue

requires that the defendant be acquitted.

Sec. 73.007. DEADLINE FOR RETURNING MARKED BALLOT. (a)

Except as provided by Subsection (d), a marked mail ballot must

arrive at the address on the carrier envelope:

(1) before the time the polls are required to close on

election day; or

(2) not later than 5 p.m. on the day after election

day, if the carrier envelope was placed for delivery by mail or

common or contract carrier before election day and bears a

cancellation mark of a common or contract carrier or a courier

indicating a time not later than 7 p.m. at the location of the

election on election day.

(b) If the county clerk cannot determine whether a ballot

arrived before the deadline, the ballot is considered to have

arrived at the time the place at which the carrier envelopes are

deposited was last inspected for removal of returned ballots. The

clerk shall check for returned ballots, at least once before the

deadline, after the normal delivery time on the last day at the

place at which the carrier envelopes are deposited.

(c) A marked ballot that is not timely returned may not be

counted.

(d) A marked mail ballot that arrives after the time

prescribed by Subsection (a) shall be counted if:

(1) the ballot was cast from an address outside the

United States;

(2) the carrier envelope was placed for delivery

before the time the ballot is required to arrive under Subsection

(a)(1); and

(3) the ballot arrives at the address on the carrier

envelope not later than the fifth day after the date of the

election.

(e) If the deadline for the arrival of a mail ballot falls on

a Saturday, Sunday, or legal state or national holiday, then the

deadline is extended to the next regular business day.

(f) A delivery under Subsection (a)(2) or (d) is timely,

except as otherwise provided by this title, if the carrier envelope

or, if applicable, the envelope containing the carrier envelope:

(1) is properly addressed with postage or handling

charges prepaid; and

(2) bears a cancellation mark of a recognized postal

service or a receipt mark of a common or contract carrier or a

courier indicating a time before the deadline.

(g) The envelope must bear the cancellation mark or receipt

mark as required by Subsection (f)(2) to be timely under this

section.

(h) The secretary of state shall prescribe procedures as

necessary to implement Subsection (d).

Sec. 73.008. OPPORTUNITY TO CORRECT DEFECT: APPLICATION.

(a) This section applies to an application to vote by mail for

which the applicant failed to comply with a requirement provided by

Section 72.002, 72.0021, or 72.003(a) in a manner that would lead,

if not corrected, to the rejection of the applicant's application.

(b) Not later than the second day after the county clerk

discovers a defect described by Subsection (a), the county clerk

shall:

(1) determine if it would be possible for the

applicant to correct the defect and return an application form by

mail before the deadline provided by Section 72.006(d) or

73.0012(c), as applicable; and

(2) notwithstanding any other law, if the clerk

determines it would be possible to correct the defect and return an

application form before the deadline provided by Section 72.006(d)

or 73.0012(c), either return the application to the applicant or

deliver an official application form to the applicant.

(c) The clerk shall include with the returned application or

an application form delivered to the applicant under Subsection

(b)(2) a written notice containing:

(1) a brief explanation of each defect in the

noncomplying application;

(2) a statement informing the voter that the voter is

not entitled to vote a mail ballot unless the application complies

with all legal requirements; and

(3) instructions for submitting the corrected or

second application.

(d) If the county clerk determines that it would not be

possible for the applicant to correct the defect and return an

application form by mail before the deadline provided by Section

72.006(d) or 73.0012(c), as applicable, the clerk may notify the

applicant by telephone or e-mail of the defect, including the

information required under Subsection (c), and inform the applicant

that the applicant may come to the county clerk's office before the

deadline provided by Section 72.006(d) or 73.0012(c), as

applicable, and correct the defect in person.

(e) The clerk shall:

(1) in addition to returning an application or

providing an application form under Subsection (b)(2) or notifying

an applicant under Subsection (d), notify the applicant of a defect

discovered under this section and provide the information required

to be included under Subsection (c) using the online tool described

by Section 73.015; and

(2) if possible, permit the applicant to correct a

defect using the online tool described by Section 73.015.

(f) Notwithstanding any other provisions of this code, the

clerk may deliver in person to the voter a second application if the

defective original application is timely and may receive, before

the deadline, the corrected application in person from the voter.

If a procedure authorized by this subsection is used, it must be

applied uniformly to all applications covered by this subsection.

The clerk shall enter a notation on the application indicating any

information added by the clerk under this subsection. A poll

watcher is entitled to accompany the clerk and observe the

procedures under this subsection. The secretary of state may

prescribe any other procedures necessary to implement this

subsection including requirements for posting notice of any

deliveries.

Sec. 73.009. PROVIDING CORRECTED BALLOT TO VOTER. (a) If,

after a mail ballot is provided to a voter, the official ballot is

changed in a way that affects the choices available to the voter in

the election or the validity of the ballot provided to the voter if

cast, the county clerk shall mail a corrected ballot and

corresponding balloting materials to the voter unless in the

clerk's opinion there is not sufficient time for the voter to timely

return the corrected ballot to the clerk.

(b) The clerk shall include with the balloting materials

provided to the voter a written notice containing:

(1) a brief explanation of the reason for providing

another ballot; and

(2) an instruction to destroy the defective ballot if

it has not already been returned to the clerk.

(c) Before mailing the corrected ballot to the voter, the

clerk shall place a notation on the carrier envelope indicating

that the ballot is a corrected ballot being provided under this

section. The clerk shall also indicate on the voter's application

that the voter was provided a corrected ballot.

(d) The clerk shall prepare a list containing the name of

each voter who is provided a corrected ballot under this section.

The clerk shall deliver the list to the general custodian of

election records to be preserved for the period for preserving the

precinct election records.

(e) Except as provided by Subsection (f), a voter's

defective ballot that is timely returned to the clerk as a marked

ballot shall be treated as:

(1) a marked ballot not timely returned if the

corrected ballot is timely returned as a marked ballot by the close

of the polls on election day; or

(2) as the voter's ballot for the election if the

corrected ballot is not timely returned by the close of the polls on

election day.

(f) A mail ballot under Subchapter A, Chapter 74, corrected

under this section may be counted if it is timely returned as

required by Section 74.057.

Sec. 73.010. UNLAWFULLY ASSISTING VOTER VOTING BY MAIL.

(a) A voter casting a mail ballot who would be eligible under

Section 64.031 to receive assistance at a polling place may select a

person as provided by Section 64.032(c) to assist the voter in

preparing the ballot.

(b) Assistance rendered under this section is limited to

that authorized by this code at a polling place, except that a voter

with a disability who is physically unable to deposit the ballot and

carrier envelope in the mail may also select a person as provided by

Section 64.032(c) to assist the voter by depositing a sealed

carrier envelope in the mail.

(c) The person assisting the voter must sign a written oath

prescribed by Section 64.034 that is part of the certificate on the

official carrier envelope.

(d) If a voter is assisted in violation of this section, the

voter's ballot may not be counted.

(e) A person who assists a voter to prepare a mail ballot

shall enter on the official carrier envelope of the voter:

(1) the person's signature, printed name, and

residence address;

(2) the relationship of the person providing the

assistance to the voter; and

(3) whether the person received or accepted any form

of compensation or other benefit from a candidate, campaign, or

political committee in exchange for providing assistance.

(f) A person who assists a voter commits an offense if the

person knowingly fails to comply with Subsections (c) and (e).

(g) An offense under this section is a state jail felony.

(h) Subsection (f) does not apply:

(1) to a violation of Subsection (c), if the person is

related to the voter within the second degree by affinity or the

third degree by consanguinity, as determined under Subchapter B,

Chapter 573, Government Code, or was physically living in the same

dwelling as the voter at the time of the event; or

(2) to a violation of Subsection (e), if the person is

related to the voter within the second degree by affinity or the

third degree by consanguinity, as determined under Subchapter B,

Chapter 573, Government Code.

(i) An offense under this section for a violation of

Subsection (c) is increased to the next higher category of offense

if it is shown on the trial of the offense that:

(1) the defendant was previously convicted of an

offense under this code;

(2) the offense involved a voter 65 years of age or

older; or

(3) the defendant committed another offense under this

section in the same election.

(j) If conduct that constitutes an offense under this

section also constitutes an offense under any other law, the actor

may be prosecuted under this section, the other law, or both.

Sec. 73.0101. COMPENSATION FOR ASSISTING VOTERS

PROHIBITED. (a) A person commits an offense if the person:

(1) compensates or offers to compensate another person

for assisting voters as provided by Section 73.010; or

(2) solicits, receives, or accepts compensation for an

activity described by Subdivision (1).

(b) An offense under this section is a state jail felony.

(c) An officer, director, or other agent of an entity that

commits an offense under this section is punishable for the

offense.

(d) For purposes of this section, compensation means an

economic benefit as defined by Section 38.01, Penal Code.

(e) This section does not apply if the person assisting a

voter is an attendant or caregiver previously known to the voter.

Sec. 73.011. ACTION BY COUNTY CLERK ON RETURN OF BALLOT.

(a) The county clerk shall determine whether the return of a

voter's official carrier envelope for a mail ballot is timely.

(b) If the return is timely, the clerk shall enclose the

carrier envelope and the voter's application to vote by mail in a

jacket envelope. The clerk shall also include in the jacket

envelope:

(1) a copy of the voter's federal postcard application

if the ballot is voted under Subchapter A, Chapter 74; and

(2) the signature cover sheet, if the ballot is voted

under Subchapter C, Chapter 74.

(c) If the return is not timely, the clerk shall enter the

time of receipt on the carrier envelope, place it in a locked

container, and deliver the container to the general custodian of

election records to be preserved for the period for preserving the

precinct election records. The general custodian of election

records shall destroy the unopened envelope and its contents after

the preservation period.

(d) Notwithstanding any other provisions of this code, if

the clerk receives a timely carrier envelope that does not fully

comply with the applicable requirements prescribed by this title,

the clerk may deliver the carrier envelope in person or by mail to

the voter and may receive, before the deadline, the corrected

carrier envelope from the voter, or the clerk may notify the voter

of the defect by telephone and advise the voter that the voter may

come to the clerk's office in person to correct the defect or cancel

the voter's application to vote by mail and vote on election day.

If the procedures authorized by this subsection are used, they must

be applied uniformly to all carrier envelopes covered by this

subsection. A poll watcher is entitled to observe the procedures

under this subsection. The secretary of state may prescribe any

other procedures necessary to implement this subsection including

requirements for posting notice of any deliveries.

Sec. 73.012. OFFICIAL BALLOT ENVELOPE. (a) "Ballot

Envelope" must be printed on the face of each officially prescribed

ballot envelope for a mail ballot.

(b) The following textual material, as prescribed by the

secretary of state, must be printed on the face of each official

ballot envelope and may be continued on the reverse side if

necessary:

(1) instructions for marking the ballot and returning

the marked ballot to the county clerk;

(2) the deadline for returning the marked ballot to

the clerk;

(3) limitations on assistance to the voter; and

(4) criminal penalties for unlawful assistance in

preparing the ballot.

Sec. 73.013. OFFICIAL CARRIER ENVELOPE. (a) "Carrier

Envelope for Mail Ballot," the name and official title of the county

clerk as addressee, and the clerk's official mailing address must

be printed on the face of each official carrier envelope for a mail

ballot.

(b) Spaces must appear on the reverse side of the official

carrier envelope for:

(1) indicating the identity and date of the election;

(2) entering the signature, printed name, and

residence address of a person other than the voter who deposits the

carrier envelope in the mail or with a common or contract carrier;

and

(3) indicating the relationship of that person to the

voter.

(c) A certificate in substantially the following form must

be printed on the reverse side of the official carrier envelope in a

manner that requires the voter to sign across the flap of the

envelope:

"I certify that the enclosed ballot expresses my wishes

independent of any dictation or undue persuasion by any person.

________________________________

Signature of voter

By: ____________________________

Signature of person assisting

voter, if applicable (see Ballot

Envelope for restrictions and

penalties)

_______________________________

Printed name of person assisting

voter, if applicable

_______________________________

Residence address of person

assisting voter, if applicable"

(d) The following textual material, as prescribed by the

secretary of state, must be printed on the reverse side of the

official carrier envelope or on a separate sheet accompanying the

carrier envelope when it is provided:

(1) the prohibition prescribed by Section 73.006(d);

(2) the conditions for delivery by common or contract

carrier prescribed by Sections 73.0011 and 73.006;

(3) the requirements for the legal execution and

delivery of the carrier envelope, including the prohibition on

compensation for depositing carrier envelopes containing ballots

voted by other persons under Section 73.0052;

(4) the prohibition prescribed by Section 73.006(g);

and

(5) the offenses prescribed by Sections 73.006(h) and

73.010(f).

(e) The following notice must be printed on the reverse side

of the official carrier envelope, near the space provided for the

voter's signature: "This envelope must be sealed by the voter

before it leaves the voter's hands. Do not sign this envelope

unless the ballot has been marked by you or at your direction."

(f) The oath of a person assisting a voter must be included

on the official carrier envelope as part of the certificate

prescribed by Subsection (c).

(g) The secretary of state by rule shall require that a

notice informing voters of the telephone number established under

Section 31.0055 and the purpose of the telephone number be printed

on:

(1) the official carrier envelope; or

(2) an insert enclosed with the balloting materials

for voting by mail sent to the voter.

Sec. 73.014. PUBLIC INSPECTION OF MAIL VOTING RECORDS. (a)

A copy of an application to vote by mail 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 the election day of the earliest occurring

election for which the application is submitted.

(b) Originals of the applications and carrier envelopes are

not available for public inspection until those materials are

delivered to the general custodian of election records after the

election.

Sec. 73.015. ELECTRONIC TRACKING OF MAIL BALLOT OR

APPLICATION TO VOTE BY MAIL. (a) The secretary of state shall

develop or otherwise provide an online tool to each county clerk on

the secretary's Internet website and on the county's Internet

website if the county clerk is the clerk of a county that maintains

an Internet website that enables a person who submits an

application to vote by mail to:

(1) track the location and status of the person's

application and ballot; and

(2) receive notice of and, if possible, correct a

defect in the person's application and ballot under Sections

73.008(e) and 92.0412(h).

(b) The online tool developed or provided under Subsection

(a) must require the voter to provide, before permitting the voter

to access information described by that subsection:

(1) the voter's name and date of birth and the last

four digits of the voter's social security number; and

(2) the voter's:

(A) driver's license number; or

(B) personal identification card number issued

by the Department of Public Safety.

(c) An online tool used under this section must:

(1) for each election, record:

(A) each application to vote by mail received by

the clerk; and

(B) each carrier envelope sent to a voter by the

clerk;

(2) for each carrier envelope, record or assign a

serially numbered and sequentially issued bar code or tracking

number that is unique to each envelope;

(3) update the applicable Internet website as soon as

practicable after each of the following events occurs:

(A) receipt by the county clerk of the person's

application to vote by mail;

(B) acceptance or rejection by the county clerk

of the person's application to vote by mail;

(C) placement in the mail by the county clerk of

the person's official ballot;

(D) receipt by the county clerk of the person's

marked ballot; and

(E) acceptance or rejection by the mail ballot

board of a person's marked ballot; and

(4) allow a voter to add or correct information

required under Section 72.002(a)(2) or Section 73.002(g).

(d) The secretary of state shall adopt rules and prescribe

procedures as necessary to implement this section.

(e) The information contained in Subsection (c) is not

public information for purposes of Chapter 552, Government Code,

until after election day.

CHAPTER 74. OTHER FORMS OF VOTING BY MAIL

SUBCHAPTER A. VOTING BY RESIDENT FEDERAL POSTCARD APPLICANT

PART 1. GENERAL PROVISIONS

Sec. 74.001. ELIGIBILITY. A person is eligible to vote by

mail as provided by this subchapter if:

(1) the person is qualified to vote in this state or,

if not registered to vote in this state, would be qualified if

registered; and

(2) the person is:

(A) a member of the armed forces of the United

States, or the spouse or a dependent of a member;

(B) a member of the merchant marine of the United

States, or the spouse or a dependent of a member;

(C) a member of the Texas National Guard or the

National Guard of another state or a member of a reserve component

of the armed forces of the United States serving on active duty

under an order of the president of the United States or activated on

state orders, or the spouse or dependent of a member; or

(D) domiciled in this state but temporarily

living outside the territorial limits of the United States and the

District of Columbia.

Sec. 74.002. GENERAL CONDUCT OF VOTING. Voting under this

subchapter shall be conducted and the results shall be processed as

provided by this subtitle and Chapter 92 for voting by mail, except

as otherwise provided by this subchapter.

Sec. 74.003. DEFINITIONS. In this subchapter:

(1) "Federal postcard application" means an

application to vote by mail under this subchapter submitted on the

official federal form prescribed under the federal Uniformed and

Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301

through 20311).

(2) "FPCA registrant" means a person registered to

vote under Section 74.055.

Sec. 74.004. NOTING FPCA REGISTRATION ON POLL LIST. For

each FPCA registrant accepted to vote, a notation shall be made

beside the voter's name on the poll list indicating that the voter

is an FPCA registrant.

Sec. 74.005. NOTING FPCA REGISTRATION AND E-MAIL ON MAIL

VOTING ROSTER. The entry on the mail voting roster pertaining to a

voter under this subchapter who is an FPCA registrant must include a

notation indicating that the voter is an FPCA registrant. The

county clerk shall note on the mail voting roster each e-mail of a

ballot under Part 3.

Sec. 74.006. EXCLUDING FPCA REGISTRANT FROM PRECINCT MAIL

VOTING LIST. A person to whom a ballot is provided under this

subchapter is not required to be included on the precinct mail

voting list if the person is an FPCA registrant.

Sec. 74.007. DESIGNATION OF SECRETARY OF STATE. (a) The

secretary of state is designated as the state office to provide

information regarding voter registration procedures and absentee

ballot procedures, including procedures related to the federal

write-in absentee ballot, to be used by persons eligible to vote

under the federal Uniformed and Overseas Citizens Absentee Voting

Act (52 U.S.C. Sections 20301 through 20311).

(b) The secretary of state is designated as the state

coordinator between military and overseas voters and county

election officials. A county election official shall:

(1) cooperate with the secretary of state to ensure

that military and overseas voters timely receive accurate balloting

materials that a voter is able to cast in time for the election; and

(2) otherwise comply with the federal Military and

Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title

V, Subt. H).

(c) The secretary of state may adopt rules as necessary to

implement this section.

(d) The secretary of state shall make a checklist or similar

guidelines available for optional use by county clerks in

processing an application and providing balloting materials under

this subchapter.

Sec. 74.008. STATUS OF APPLICATION OR BALLOT VOTED. The

secretary of state, in coordination with county election officials,

shall implement an electronic free-access system by which a person

eligible to vote by mail under this subchapter or Subchapter D,

Chapter 88, may determine by telephone, by e-mail, or over the

Internet whether:

(1) the person's federal postcard application or other

registration or ballot application has been received and accepted;

and

(2) the person's ballot has been received and the

current status of the ballot.

PART 2. SUBMISSION OF FEDERAL POSTCARD APPLICATION

Sec. 74.051. FORM AND CONTENTS OF APPLICATION. An

application to vote under this part must:

(1) be submitted on an official federal postcard

application form; and

(2) include the information necessary to indicate that

the applicant is eligible to vote in the election for which the

ballot is requested.

Sec. 74.052. SUBMITTING APPLICATION. (a) A federal

postcard application must be submitted to the county clerk for the

election who serves the election precinct of the applicant's

residence.

(b) A federal postcard application must be submitted by:

(1) mail;

(2) electronic transmission of an image of the

application under procedures prescribed by the secretary of state;

(3) in-person delivery in accordance with Section

72.007; or

(4) common or contract carrier.

(c) A federal postcard application may be submitted at any

time during the calendar year in which the election for which a

ballot is requested occurs, but not later than the deadline for

submitting a regular application to vote by mail for a voter to be

entitled to receive a mail ballot for that election.

(d) An application is considered submitted in the following

calendar year for purposes of this section if:

(1) the applicant is eligible to vote in an election

occurring in January or February of the next calendar year; and

(2) the application is submitted in the last 60 days of

a calendar year but not earlier than the 60th day before the date of

the January or February election.

(e) A timely application that is addressed to the wrong

county clerk shall be forwarded to the proper county clerk not later

than the day after the date it is received by the wrong clerk.

(f) An applicant who otherwise complies with applicable

requirements is entitled to receive a full mail ballot under this

subchapter if:

(1) the applicant submits a federal postcard

application to the county clerk on or before the 20th day before

election day; and

(2) the application contains the information that is

required for registration under Title 2.

(g) The applicant is entitled to receive only a federal

ballot by mail under Subchapter D, Chapter 88, if:

(1) the applicant submits the federal postcard

application to the county clerk after the date provided by

Subsection (f)(1) and before the deadline for submitting a regular

application to vote by mail; and

(2) the application contains the information that is

required for registration under Title 2.

(h) If the applicant submits the federal postcard

application within the time prescribed by Subsection (g)(1) and is

a registered voter at the address contained on the application, the

applicant is entitled to receive a full mail ballot under this

subchapter.

(i) Except as provided by Subsections (l) and (m), for

purposes of determining the date a federal postcard application is

submitted to the county clerk, an application is considered to be

submitted on the date it is placed and properly addressed in the

United States mail. An application mailed from an Army/Air Force

Post Office (APO) or Fleet Post Office (FPO) is considered placed in

the United States mail. The date indicated by the post office

cancellation mark, including a United States military post office

cancellation mark, is considered to be the date the application was

placed in the mail unless proven otherwise. For purposes of an

application made under Subsection (f):

(1) an application that does not contain a

cancellation mark is considered to be timely if it is received by

the county clerk on or before the 15th day before election day; and

(2) if the 20th day before the date of an election is a

Saturday, Sunday, or legal state or national holiday, an

application is considered to be timely if it is submitted to the

county clerk on or before the next regular business day.

(j) If the county clerk determines that an application that

is submitted before the time prescribed by Subsection (f)(1) does

not contain the information that is required for registration under

Title 2, the clerk shall notify the applicant of that fact. If the

applicant has provided a telephone number or an address for

receiving mail over the Internet, the clerk shall notify the

applicant by that medium.

(k) If the applicant submits the missing information before

the time prescribed by Subsection (f)(1), the applicant is entitled

to receive a full mail ballot under this subchapter. If the

applicant submits the missing information after the time prescribed

by Subsection (f)(1), the applicant is entitled to receive a full

mail ballot for the next election that occurs:

(1) in the same calendar year; and

(2) after the 30th day after the date the information

is submitted.

(l) For purposes of determining the end of the period that

an application may be submitted under Subsection (g)(1), an

application is considered to be submitted at the time it is received

by the county clerk.

(m) The secretary of state by rule shall establish the date

on which a federal postcard application is considered to be

electronically submitted to the county clerk.

Sec. 74.053. ACTION BY COUNTY CLERK ON CERTAIN

APPLICATIONS. (a) The county clerk shall notify the voter

registrar of a federal postcard application submitted by an

applicant that states a voting residence address located outside

the registrar's county.

(b) If an applicant provides a date of birth, driver's

license number, or social security number on the applicant's

federal postcard application that is different from or in addition

to the information maintained by the voter registrar in accordance

with Title 2, the county clerk shall notify the voter registrar.

The voter registrar shall update the voter's record with the

information provided by the applicant.

Sec. 74.054. APPLYING FOR MORE THAN ONE ELECTION IN SAME

APPLICATION. (a) A person may apply with a single federal postcard

application to vote in any one or more elections in which the person

is eligible to vote as provided by this section.

(b) An application that does not identify the election for

which a ballot is requested shall be treated as if it requests a

ballot for:

(1) except as provided by Subdivision (3), each

general election in which the clerk conducts voting by mail;

(2) the general primary election if the application

indicates party preference and is submitted to the county clerk for

the primary; and

(3) each general or special election held by a county,

a municipality, or an independent school district in the calendar

year in which the application is received and in which the person is

eligible to vote.

(c) If an application under Subsection (b) indicates the

person is eligible to vote in an election described by Subsection

(b)(3) in which the county clerk who received the application does

not conduct voting by mail, the clerk shall forward a copy of the

application in a form prescribed by the secretary of state to each

county clerk who conducts voting by mail for that election.

(d) An application shall be treated as if it requests a

ballot for a runoff election that results from an election for which

a ballot is requested, including a runoff election that occurs in

the next calendar year.

(e) An application requesting a ballot for more than one

election shall be preserved for the period for preserving the

precinct election records for the last election for which the

application is effective.

Sec. 74.055. FPCA VOTER REGISTRATION. (a) The submission

of a federal postcard application that complies with the applicable

requirements by an unregistered applicant constitutes registration

by the applicant:

(1) for the purpose of voting in the election for which

a ballot is requested; and

(2) under Title 2, unless the person indicates on the

application that the person is residing outside the United States

indefinitely.

(b) For purposes of registering to vote under this

subchapter, a person shall provide the address of the last place of

residence of the person in this state or the last place of residence

in this state of the person's parent or legal guardian.

(c) The registrar shall register the person at the address

provided under Subsection (b) unless that address no longer is

recognized as a residential address, in which event the registrar

shall assign the person to an address under procedures prescribed

by the secretary of state.

Sec. 74.056. METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS.

(a) The balloting materials provided under this part shall be

airmailed to the voter free of United States postage, as provided by

the federal Uniformed and Overseas Citizens Absentee Voting Act (52

U.S.C. Sections 20301 through 20311), in an envelope labeled

"Official Election Balloting Material - via Airmail." The

secretary of state shall provide county clerks with instructions on

compliance with this subsection.

(b) The address to which the balloting materials are sent to

a voter must be:

(1) an address outside the county of the voter's

residence; or

(2) an address in the United States for forwarding or

delivery to the voter at a location outside the United States.

(c) If the address to which the balloting materials are to

be sent is within the county served by the county clerk, the federal

postcard application must indicate that the balloting materials

will be forwarded or delivered to the voter at a location outside

the United States.

Sec. 74.057. RETURN OF VOTED BALLOT. (a) A ballot voted

under this part may be returned to the county clerk by mail, common

or contract carrier, or courier.

(b) A ballot voted by a voter described by Section

74.001(2)(A), (B), or (C) shall be counted if the ballot arrives at

the address on the carrier envelope not later than the sixth day

after the date of the election, except that if that date falls on a

Saturday, Sunday, or legal state or national holiday, then the

deadline is extended to the next regular business day.

Sec. 74.058. OFFICIAL CARRIER ENVELOPE. The officially

prescribed carrier envelope for voting under this part shall be

prepared so that it can be mailed free of United States postage, as

provided by the federal Uniformed and Overseas Citizens Absentee

Voting Act (52 U.S.C. Sections 20301 through 20311), and must

contain the label prescribed by Section 74.056(a) for the envelope

in which the balloting materials are sent to a voter. The secretary

of state shall provide county clerks with instructions on

compliance with this section.

PART 3. E-MAIL TRANSMISSION OF BALLOTING MATERIALS

Sec. 74.101. PURPOSE. The purpose of this part is to

implement the federal Military and Overseas Voter Empowerment Act

(Pub. L. No. 111-84, Div. A, Title V, Subt. H).

Sec. 74.102. REQUEST FOR BALLOTING MATERIALS. (a) A person

eligible to vote under this subchapter may request from the

appropriate county clerk e-mail transmission of balloting

materials under this part.

(b) The county clerk shall grant a request made under this

section for the e-mail transmission of balloting materials if:

(1) the requestor has submitted a valid federal

postcard application and:

(A) if the requestor is a person described by

Section 74.001(2)(D), has provided a current mailing address that

is located outside the United States; or

(B) if the requestor is a person described by

Section 74.001(2)(A), (B), or (C), has provided a current mailing

address that is located outside the requestor's county of

residence;

(2) the requestor provides an e-mail address:

(A) that corresponds to the address on file with

the requestor's federal postcard application; or

(B) stated on a newly submitted federal postcard

application;

(3) the request is submitted on or before the deadline

prescribed by Section 72.006; and

(4) a marked ballot for the election from the

requestor has not been received by the county clerk.

Sec. 74.103. CONFIDENTIALITY OF E-MAIL ADDRESS. An e-mail

address used under this part to request balloting materials is

confidential and does not constitute public information for

purposes of Chapter 552, Government Code. A county clerk shall

ensure that a voter's e-mail address provided under this part is

excluded from public disclosure.

Sec. 74.104. ELECTIONS COVERED. Balloting materials may be

sent by e-mail under this part for any election in which the voter

who registers under this subchapter is eligible to vote.

Sec. 74.105. BALLOTING MATERIALS TO BE SENT BY E-MAIL.

Balloting materials to be sent by e-mail under this part include:

(1) the appropriate ballot;

(2) ballot instructions, including instructions that

inform a voter that the ballot must be returned by mail to be

counted;

(3) instructions prescribed by the secretary of state

on:

(A) how to print a return envelope from the

Federal Voting Assistance Program Internet website; and

(B) how to create a carrier envelope or signature

sheet for the ballot; and

(4) a list of certified write-in candidates, if

applicable.

Sec. 74.106. METHODS OF TRANSMISSION TO VOTER. (a) The

balloting materials may be provided by e-mail to the voter in PDF

format, through a scanned format, or by any other method of

electronic transmission authorized by the secretary of state in

writing.

(b) The secretary of state shall prescribe procedures for

the retransmission of balloting materials following an

unsuccessful transmission of the materials to a voter.

Sec. 74.107. RETURN OF BALLOT. (a) A voter described by

Section 74.001(2)(A), (B), or (C) must be voting from outside the

voter's county of residence. A voter described by Section

74.001(2)(D) must be voting from outside the United States.

(b) A voter who receives a ballot under this part must

return the ballot in the same manner as required under Section

74.057 except that a voter who completes a signature sheet is not

required to complete a carrier envelope. Except as provided by

Subchapter C, the voter may not return the ballot by electronic

transmission.

(c) A ballot that is not returned as required by Subsection

(b) is considered a ballot not timely returned and is not sent to

the mail ballot board for processing.

(d) The deadline for the return of a ballot under this

section is the same deadline as provided in Section 73.007.

Sec. 74.108. TRACKING OF BALLOTING MATERIALS. The

secretary of state by rule shall create a tracking system under

which an FPCA registrant may determine whether a voted ballot has

been received by the county clerk. Each county that sends ballots

to FPCA registrants shall provide information required by the

secretary of state to implement the system.

Sec. 74.109. RULES. (a) The secretary of state may adopt

rules as necessary to implement this part.

(b) The secretary of state may provide for an alternate

secure method of electronic ballot transmission under this part

instead of transmission by e-mail.

SUBCHAPTER B. LATE VOTING BY DISABLED VOTER

Sec. 74.201. ELIGIBILITY. A qualified voter is eligible to

vote late as provided by this subchapter if the voter has a sickness

or physical condition described by Section 71.002 that originates

on or after the day before the last day for submitting an

application to vote by mail.

Sec. 74.202. CONTENTS OF APPLICATION. An application to

vote late must comply with the applicable provisions of Section

72.002 and must include or be accompanied by a certificate of a

licensed physician or chiropractor or accredited Christian Science

practitioner in substantially the following form:

"This is to certify that I know that __________ has a sickness

or physical condition that will prevent him or her from appearing at

the polling place for an election to be held on the __________ day

of __________, 20___, without a likelihood of needing personal

assistance or of injuring his or her health and that the sickness or

physical condition originated on or after __________.

"Witness my hand at __________, Texas, this __________ day of

__________, 20___.

________________________________

(signature of physician,

chiropractor, or practitioner)"

Sec. 74.203. SUBMITTING APPLICATION. (a) An application

to vote late must be submitted in person to the county clerk at the

county clerk's office by a representative of the applicant.

However, if the mail ballots are processed at a location other than

the county clerk's office, the county clerk may require the

application to be submitted at that location.

(b) An application may be submitted after the fourth day

before election day and before 5 p.m. on election day.

(c) To be eligible to serve as an applicant's

representative, a person:

(1) must be at least 18 years of age;

(2) must not be employed by or related within the third

degree by consanguinity or affinity, as determined under Chapter

573, Government Code, to a candidate whose name appears on the

ballot; and

(3) must not have served in the election as the

representative for another applicant.

Sec. 74.204. REVIEWING APPLICATION AND PROVIDING BALLOTING

MATERIALS. (a) An application submitted under this subchapter

shall be reviewed and the applicant's registration status verified

by the county clerk in the same manner as for voting by mail.

(b) The clerk shall provide the balloting materials for

voting by mail to the representative who submits the voter's

application. Before providing the materials, the clerk shall enter

the representative's name and residence address on the application

and secure the representative's signature beside the name.

(c) The voter's representative shall deliver the balloting

materials in person to the voter.

(d) A ballot provided for late voting to a voter by any

method other than that prescribed by this section may not be

counted.

Sec. 74.205. MARKING AND SEALING BALLOT. A ballot for late

voting must be marked and sealed by the voter in the same manner as a

mail ballot.

Sec. 74.206. METHOD OF RETURNING MARKED BALLOT; DEADLINE.

(a) A marked ballot for late voting must be delivered to the county

clerk in person by the representative who submitted the voter's

application. The ballot must be delivered in the official carrier

envelope. A ballot returned by any other method may not be counted.

(b) The clerk shall enter the representative's name and

residence address on a returned carrier envelope and secure the

representative's signature beside the name.

(c) The deadline for returning a marked ballot for late

voting is the same as that for a mail ballot.

Sec. 74.207. PROCESSING RESULTS. The results of voting

under this subchapter shall be processed in accordance with the

procedures applicable to processing mail ballots.

Sec. 74.208. ENTRY ON MAIL VOTING ROSTER. The mail voting

roster must include the name of each person to whom a ballot for

late voting is provided with a notation indicating that the ballot

was for late voting under this subchapter.

Sec. 74.209. ENTRY ON PRECINCT MAIL VOTING LIST. The

precinct mail voting list must contain the name of each person to

whom a ballot for late voting has been provided as of the time of

delivery of the list.

SUBCHAPTER C. VOTING BY MILITARY PERSONNEL OR OTHER PERSONS

OVERSEAS

Sec. 74.301. ELECTRONIC TRANSMISSION OF COMPLETED BALLOT.

(a) The secretary of state shall prescribe procedures to allow a

person who is casting a mail ballot to return the ballot by

telephonic facsimile machine or similar electronic means if the

person:

(1) is a member of the armed forces of the United

States who is on active duty overseas, or the spouse or a dependent

of the member; and

(2) is casting the ballot from an area:

(A) in which members of the armed forces are

eligible to receive hostile fire pay or imminent danger pay; or

(B) that has been designated by the president of

the United States as a combat zone.

(b) The procedures must:

(1) provide for verification of the voter;

(2) provide for the security of the transmission; and

(3) require the county clerk to maintain a record of

each ballot received under this section.

(c) A ballot transmitted under this section or by mail may

not be counted if the ballot has previously been transmitted to the

county clerk by electronic means under this section.

Sec. 74.302. USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR

ELECTIONS FOR FEDERAL OFFICE. The secretary of state shall

prescribe procedures to allow a voter who qualifies to vote by a

federal write-in absentee ballot to vote through use of a federal

write-in absentee ballot in:

(1) any general, special, primary, or runoff election

for federal office; or

(2) an election for any office for which balloting

materials may be sent under Section 74.104.

Sec. 74.303. E-MAIL BALLOT PROGRAM. (a) The secretary of

state shall implement a program to allow a person who is casting a

mail ballot to return the ballot by e-mail if the person is a member

of the armed forces of the United States who is on active duty

overseas and eligible for hostile fire pay. The secretary of state

shall prescribe procedures to provide for a process implemented

under this section to require:

(1) the voter to print the ballot, print and sign a

voter signature form, and then scan the documents before submitting

them by e-mail; and

(2) secure processing of ballots, including requiring

the use of a voter's military e-mail address and common access card,

or other measures the secretary of state considers appropriate.

(b) The secretary of state shall select to participate in

the program any county that:

(1) desires to participate in the program; and

(2) is determined by the secretary of state to have the

appropriate technological capabilities.

SUBCHAPTER D. VOTING ON ELECTION DAY BY PERSON ON SPACE FLIGHT

Sec. 74.401. APPLICABILITY. This subchapter applies only

to a person who:

(1) is eligible to vote in this state; and

(2) is unable to vote in an election because the person

is on a space flight, as defined by the secretary of state, on

election day and during the voting period for the election.

Sec. 74.402. VOTING PERMITTED. The secretary of state

shall prescribe procedures for voting from space on election day by

secure electronic means by persons to whom this subchapter applies.

The procedures may provide for:

(1) a deadline by which a person must apply to vote

under this subchapter; and

(2) the use of the National Aeronautics and Space

Administration's electronic transmission program to send ballots

to persons on a space flight.

SUBTITLE C. RESTRICTED BALLOT

CHAPTER 88. RESTRICTED BALLOT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 88.001. RESTRICTED BALLOT. In this subtitle,

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

offices and propositions stating measures on which a person is

entitled to vote under this subtitle.

Sec. 88.002. GENERAL CONDUCT OF VOTING. The voting of

restricted ballots under this subtitle shall be conducted and the

results of voting shall be processed as provided by this code for

standard voting, except as otherwise provided by this subtitle.

Sec. 88.003. APPLICATION REQUIRED. (a) To be entitled to

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

ballot.

(b) A restricted ballot application is subject to the

applicable provisions of Chapter 72.

Sec. 88.004. CONTENTS OF APPLICATION. An application for a

restricted ballot must include, in addition to the information

required by the applicable provisions of Section 72.002, the

information necessary to indicate that the applicant is eligible to

vote the restricted ballot requested.

Sec. 88.005. PREPARING RESTRICTED BALLOT. (a) The county

clerk shall prepare a voter's restricted ballot.

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

shall be prepared by striking from an official mail ballot the

offices and propositions stating measures on which the voter is not

entitled to vote.

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

ballot shall be prepared by marking or otherwise identifying an

official mail ballot so that votes on offices and propositions

stating measures on which the voter is not entitled to vote may not

be counted.

Sec. 88.006. MANUALLY COUNTING ELECTRONIC SYSTEM BALLOT.

If a restricted electronic system ballot cannot be automatically

counted with other electronic system ballots voted in the election

that are to be counted automatically, the restricted ballot shall

be counted manually.

Sec. 88.007. RESTRICTED BALLOT ROSTER. (a) The county

clerk shall maintain a roster for each election listing each person

who votes a restricted ballot during the voting period or on

election day and each person to whom a restricted ballot is provided

by mail.

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

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

(2) an indication of the type of restricted ballot

voted or provided, as applicable; and

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

mailed to the person, as applicable.

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

ballot roster is subject to the provisions applicable to the mail

voting roster. A person included on the restricted ballot roster

may not be included on the mail voting roster.

Sec. 88.008. NOTING RESTRICTED BALLOT VOTER ON POLL LIST

AND REGISTERED VOTER LIST. For each voter accepted to vote a

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

on the poll list indicating that a restricted ballot was voted and

the type of restricted ballot. If the voter's name appears on the

list of registered voters used for conducting voting, a similar

notation shall be made on that list unless the form of the list

makes it impracticable to do so.

SUBCHAPTER B. VOTING LIMITED BALLOT AFTER CHANGING COUNTY OF

RESIDENCE

Sec. 88.101. LIMITED BALLOT. In this code, "limited

ballot" means a ballot voted under this subchapter that is

restricted to the offices and propositions stating measures on

which a person is entitled to vote under Section 88.104.

Sec. 88.102. ELIGIBILITY. (a) After changing residence to

another county, a person is eligible to vote a limited ballot during

the voting period or by mail if:

(1) the person would have been eligible to vote in the

county of former residence on election day if still residing in that

county;

(2) the person is registered to vote in the county of

former residence at the time the person:

(A) offers to vote in the county of new

residence; or

(B) submitted a voter registration application

in the county of new residence; and

(3) a voter registration for the person in the county

of new residence is not effective on or before election day.

(b) A person is not eligible to vote a limited ballot by mail

unless, in addition to satisfying the eligibility requirements

prescribed by Subsection (a), the person is eligible to vote by mail

under Chapter 71.

(c) Before being accepted for voting under this subchapter,

the voter must execute a statement including:

(1) a statement that the voter satisfies the

applicable requirements prescribed by Subsection (a);

(2) the voter's residence address or, if the residence

has no address, the address at which the voter receives mail and a

concise description of the voter's residence;

(3) the month, day, and year of the voter's birth; and

(4) the date the statement is executed.

(d) A statement executed under Subsection (c) shall be

submitted:

(1) to an election officer at the county clerk's

office, if the person is voting during the voting period; or

(2) with the person's application to vote by mail, if

the person is voting by mail.

(e) A statement executed under Subsection (c) may include

space for disclosure of any necessary information to enable the

person to register to vote under Chapter 13.

(f) The secretary of state shall prescribe the form of a

statement executed under Subsection (c).

Sec. 88.103. RESIDENCE IN PRECINCT SITUATED IN MORE THAN

ONE COUNTY. A person who changes county of residence may vote in

the regular manner in an election ordered by an authority of a

political subdivision situated in more than one county if the

person resides in the same election precinct both before and after

changing county of residence and the person's voter registration in

the county of former residence is effective at the time the person

offers to vote.

Sec. 88.104. OFFICES AND MEASURES ON WHICH VOTER ENTITLED

TO VOTE. A person voting a limited ballot is entitled to vote only

on:

(1) each office and proposition stating a measure to

be voted on statewide; and

(2) each office and proposition stating a measure to

be voted on in a territorial unit of which the person was a resident

both before changing county of residence and after the change.

Sec. 88.105. SUBMITTING APPLICATION FOR LIMITED BALLOT BY

MAIL. An application for a limited ballot by mail must be submitted

to the county clerk serving the election precinct in which the

applicant resides.

Sec. 88.106. PLACE FOR VOTING IN PERSON. A person may vote

a limited ballot during the voting period only at the county clerk's

office.

Sec. 88.107. VERIFYING REGISTRATION STATUS OF APPLICANT FOR

LIMITED BALLOT. Before accepting an applicant to vote a limited

ballot or, in the case of an application for a limited ballot by

mail, before providing a ballot to the applicant, the county clerk

shall verify, if possible, that the applicant does not have an

effective voter registration in the county of new residence. If the

person has applied in the county of new residence for a voter

registration that will be effective on or before election day, the

limited ballot application shall be rejected.

Sec. 88.108. DETERMINING OFFICES AND MEASURES TO BE VOTED

ON. For each person who is to vote a limited ballot, the county

clerk shall determine the offices and propositions stating measures

on which the person is entitled to vote and shall indicate them on

the person's application.

Sec. 88.109. PREPARING VOTING MACHINE. Before permitting a

person to vote a limited ballot on a voting machine, the county

clerk shall adjust the machine so that votes may be cast only on the

offices and propositions stating measures on which the voter is

entitled to vote.

Sec. 88.110. INFORMATION ON DISTRICT COMPOSITION. (a) In

each even-numbered year, the secretary of state shall prepare

information on the territorial composition of each district for

which an officer of the state government is regularly elected at the

general election for state and county officers.

(b) The information must include the data necessary to

enable a county clerk to determine the district offices on which a

voter under this subchapter is eligible to vote.

(c) The secretary shall deliver the information to each

county clerk before the 20th day before general primary election

day.

Sec. 88.111. NOTIFICATION TO VOTER REGISTRAR. Not later

than the 30th day after receipt of an application for a limited

ballot, the county clerk shall notify the voter registrar for the

voter's former county of residence that the voter has applied for a

limited ballot.

SUBCHAPTER C. VOTING PRESIDENTIAL BALLOT BY FORMER RESIDENT

Sec. 88.201. PRESIDENTIAL BALLOT. In this subchapter,

"presidential ballot" means a ballot voted under this subchapter

that is restricted to the offices of president and vice-president

of the United States.

Sec. 88.202. ELIGIBILITY. A former resident of this state

is eligible to vote a presidential ballot in the presidential

general election in person or by mail if the former resident:

(1) is domiciled in another state;

(2) was registered to vote in this state at the time

the former resident ceased to be a resident;

(3) would be eligible for registration to vote in this

state if a resident; and

(4) on presidential election day will not have resided

in the state of present domicile for more than 30 days and is not

eligible to vote in the presidential election in that state.

Sec. 88.203. SUBMITTING APPLICATION TO VOTE BY MAIL. An

application for a presidential ballot by mail must be submitted to

the county clerk serving the county of the applicant's most recent

registration to vote by the deadline prescribed by Section 72.006.

Sec. 88.204. TIME AND PLACE FOR VOTING IN PERSON. (a) A

person may vote a presidential ballot during the voting period only

at the county clerk's office for the county of the person's most

recent registration to vote.

(b) The period for voting presidential ballots in person

ends on presidential election day.

Sec. 88.205. IN-PERSON VOTING; PROCESSING RESULTS. (a) On

submission of an application for a presidential ballot to be voted

in person, the county clerk shall review the application and verify

the applicant's registration status in accordance with the

procedure applicable to voting by mail.

(b) Voting in person shall be conducted with the balloting

materials for voting by mail.

(c) The voter must mark and seal the ballot in the same

manner as if voting by mail except that the certificate on the

carrier envelope need not be completed.

(d) On sealing the carrier envelope, the voter must give it

to the clerk, who shall note on the envelope that the ballot is a

presidential ballot.

(e) The results of voting a presidential ballot in person

shall be processed in accordance with the procedures applicable to

processing mail ballots.

Sec. 88.206. CANCELING REGISTRATION. As soon as

practicable after the close of voting, the county clerk shall

notify the voter registrar of the name of each person who applied

for a presidential ballot whose name appears on the list of

registered voters. On receipt of the notice, the voter registrar

shall cancel the voter's registration.

SUBCHAPTER D. VOTING FEDERAL BALLOT BY OVERSEAS CITIZEN

Sec. 88.301. DEFINITIONS. In this subchapter:

(1) "Federal ballot" means a ballot voted under this

subchapter that is restricted to federal offices only.

(2) "Federal office" means the offices of president

and vice-president of the United States, United States senator, or

United States representative.

(3) "United States" includes the several states and

the District of Columbia, the Commonwealth of Puerto Rico, Guam,

and the Virgin Islands, but does not include any other territory or

possession of the United States.

Sec. 88.302. ELIGIBILITY. A United States citizen dwelling

outside the United States is eligible to vote a federal ballot by

mail if:

(1) the citizen's most recent domicile in the United

States was in this state and the citizen's intent to return to this

state is uncertain;

(2) the citizen would be eligible for registration as

a voter in this state if a resident; and

(3) the citizen is not eligible to vote on federal

offices in any other state.

Sec. 88.303. OFFICES ON WHICH VOTER ENTITLED TO VOTE. A

person voting a federal ballot is entitled to vote only on each

federal office to be voted on in the election precinct of the

person's most recent domicile in this state.

Sec. 88.304. APPLICATION. (a) An application for a federal

ballot must be submitted on an official federal postcard

application form.

(b) The application must be submitted to the county clerk

serving the election precinct of the applicant's most recent

domicile in this state.

(c) The period during which a federal ballot application may

be submitted is the same as that for submitting a federal postcard

application under Subchapter A, Chapter 74.

Sec. 88.305. APPLYING FOR MORE THAN ONE ELECTION IN SAME

APPLICATION. The provisions governing the application for ballots

for more than one election by a single federal postcard application

under Subchapter A, Chapter 74, apply to a federal ballot

application.

Sec. 88.306. DETERMINING OFFICES TO BE VOTED ON. For each

voter who is to vote a federal ballot, the county clerk shall

determine the federal offices on which the voter is entitled to vote

and indicate them on the application or the jacket envelope.

Sec. 88.307. METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS;

RETURN OF BALLOT. (a) The balloting materials provided under this

subchapter shall be airmailed to the voter free of United States

postage, as provided by the federal Uniformed and Overseas Citizens

Absentee Voting Act (52 U.S.C. Sections 20301 through 20311), in an

envelope labeled "Official Election Balloting Material--via

Airmail." The secretary of state shall provide county clerks with

instructions on compliance with this subsection.

(b) The address to which the balloting materials are sent to

a voter must be an address outside the United States or an address

in the United States for forwarding or delivery to the voter at a

location outside the United States. If the address to which the

balloting materials are to be sent is within the county served by

the county clerk, the federal ballot application must indicate that

the balloting materials will be forwarded or delivered to the voter

at a location outside the United States.

(c) A ballot voted under this subchapter may be returned to

the county clerk by mail, common or contract carrier, or courier.

Sec. 88.308. OFFICIAL CARRIER ENVELOPE. The officially

prescribed carrier envelope for voting under this subchapter shall

be labeled "Official Election Balloting Material--via Airmail."

SUBTITLE D. TABULATION AND REPORTING

CHAPTER 91. COUNTING VOTES AND PREPARING RETURNS

Sec. 91.001. COUNTING OFFICERS. At each polling place, the

ballots shall be counted by one or more teams of election officers

assigned by the presiding judge. Each team must consist of two or

more election officers.

Sec. 91.002. TIME FOR COUNTING. (a) Subject to Subsection

(b), the presiding judge may direct the counting of ballots to occur

at any time after the polls have been open for one hour.

(b) While the polls are open and until voting is concluded

after the polls close, the ballot box for the deposit of voters'

marked ballots may not be opened for the purpose of counting the

ballots unless there are at least 10 ballots in the box.

(c) After the polls close on election day or the last voter

has voted, whichever is later, the counting of ballots shall be

conducted continuously until all the ballots are counted.

(d) To the extent possible, the counting of ballots voted

during the voting period shall be completed not later than the end

of voting on election day.

Sec. 91.003. ROTATING BALLOT BOXES NO. 1 AND NO. 2. (a) If

the counting of the ballots is to begin before voting is concluded,

ballot box no. 1 and ballot box no. 2 shall be used on a rotating

basis at the polling place.

(b) When either ballot box no. 1 or no. 2 containing marked

ballots is delivered to the election officers counting the ballots,

the other box shall be immediately made available for the deposit of

marked ballots.

(c) Before the ballot box is positioned for the receipt of

marked ballots, an election officer shall examine it, remove its

contents, and lock the box.

Sec. 91.004. TALLY LISTS. Three original tally lists shall

be maintained at the polling place to record the number of votes

received for the candidates and for and against the measures voted

on.

Sec. 91.005. TALLYING THE VOTES. (a) One member of the

counting team shall examine each ballot and clearly announce the

name of each candidate for whom a vote has been received or whether

a vote has been received for or against a measure. The other

members of the counting team shall record the votes on the tally

lists as they are announced.

(b) The counting team shall compare the tally lists

periodically to determine whether discrepancies exist among them.

If a discrepancy is discovered, the ballots shall be recounted and

the necessary corrections shall be made on the lists.

(c) On completing the count, each member of the counting

team assigned to tally votes shall compute the total number of votes

tallied on the list the member has kept and enter the totals on the

tally list. After verifying that the three lists are in agreement,

each counting officer shall sign the list that the officer has kept.

Sec. 91.006. REPLACING MEMBER OF COUNTING TEAM. (a) A

member of a counting team may not be replaced after vote tallying is

begun unless each existing discrepancy among the three tally lists

is corrected before the replacement is made.

(b) If a counting officer is replaced on a counting team

after the tallying is begun, the officer to be replaced shall

certify the accuracy of the list the officer has kept, as of the

time of the replacement, by signing the list at that time.

Sec. 91.007. TALLYING WRITE-IN VOTES. (a) In an election in

which write-in voting is permitted, the name of a write-in

candidate shall be entered on the tally list and votes for that

candidate shall be tallied in the same manner as votes for a

candidate whose name appears on the ballot.

(b) A write-in vote may not be counted if a sticker

containing a candidate's name is affixed to the ballot by the voter.

Sec. 91.008. COUNTING IRREGULARLY MARKED BALLOT. (a)

Failure to mark a ballot in strict conformity with this code does

not invalidate the ballot.

(b) Marking the ballot by marking through the names of

candidates for whom or the statements beside the propositions for

which the voter does not desire to vote does not invalidate the

ballot.

(c) A vote on an office or measure shall be counted if the

voter's intent is clearly ascertainable unless other law prohibits

counting the vote.

(d) The intent of the voter in marking a ballot may be

determined by:

(1) a distinguishing mark adjacent to the name of a

candidate or political party or a voting choice associated with a

proposition;

(2) an oval, box, or similar marking clearly drawn

around the name of a candidate or political party or a voting choice

associated with a proposition;

(3) a line drawn through:

(A) the names of all candidates in a manner that

indicates a preference for the candidates not marked if the names of

the candidates not marked do not exceed the number of persons that

may be elected to that office;

(B) the name of each political party except one

in a manner that clearly indicates a preference for the political

party not marked; or

(C) a voting choice associated with a proposition

in a manner that clearly indicates a preference for the other voting

choice associated with the proposition; or

(4) any other evidence that clearly indicates the

intent of the voter in choosing a candidate or political party or

deciding on a proposition.

Sec. 91.009. BALLOTS NOT COUNTED. (a) The following

ballots may not be counted:

(1) a ballot that is not provided to the voter at the

polling place;

(2) two or more ballots that are folded together in a

manner indicating that they were folded together when deposited in

the ballot box;

(3) a write-in envelope containing a write-in vote

without an attached ballot;

(4) a ballot that has not been deposited in the ballot

box used for the deposit of marked ballots; or

(5) a provisional ballot that is not accepted under

Subchapter F, Chapter 92.

(b) If a ballot is unnumbered or the signature of the

presiding judge does not appear on the back of a ballot, the

presiding judge shall examine it to determine whether the ballot is

not to be counted under Subsection (a)(1).

(c) If a ballot is not counted, an election officer shall

indicate on the back of the ballot the reason for not counting it.

Sec. 91.010. OVERVOTING. If a voter marks the ballot for

more candidates for an office than the number of persons to be

elected for that office, none of the votes may be counted for that

office.

Sec. 91.011. DEPOSITING BALLOT IN BALLOT BOX NO. 3. (a)

After a ballot is counted, it shall be deposited in ballot box no.

3.

(b) A voted ballot that is not counted shall also be

deposited in ballot box no. 3.

Sec. 91.012. BALLOT REGISTER. (a) Each presiding judge

shall prepare a ballot register as provided by this section.

(b) The register must state:

(1) the total number of ballots received for

conducting voting at the polling place;

(2) the number of defectively printed ballots

received;

(3) the number of ballots provided to voters as

indicated by the number of voters on the poll list;

(4) the number of spoiled ballots returned by voters;

and

(5) the number of unused ballots that are not

accounted for as defectively printed ballots.

(c) The ballot register shall be prepared as an original and

one copy, and on completing the register, the presiding judge shall

sign each one to certify its accuracy.

Sec. 91.013. PREPARING PRECINCT RETURNS. (a) On completion

of the vote count, the presiding judge shall prepare the returns of

the election for the precinct.

(b) The returns must state:

(1) the total number of voters who voted at the polling

place during the voting period and on election day, as indicated by

the poll list; and

(2) the total number of votes counted for each

candidate and for and against each measure.

(c) The returns shall be prepared as an original and three

copies, and on completing the returns, the presiding judge shall

sign each one to certify its accuracy.

(d) A presiding judge commits an offense if the judge

knowingly fails:

(1) to include in the precinct returns the applicable

information required by this code; or

(2) to complete the returns in time for them to be

delivered by the deadline prescribed by Section 93.053(c) for

delivery of the precinct election records.

(e) An offense under Subsection (d) is a Class B

misdemeanor.

Sec. 91.014. ANNOUNCING PARTIAL RESULTS. (a) Subject to

Subsection (b), after the polls close and the last voter has voted,

the presiding judge may announce the status of the vote count from

time to time.

(b) The local canvassing authority may require the

announcements or prohibit them.

(c) The announcements shall be made at the entrance to the

polling place.

Sec. 91.015. INTERNET POSTING OF ELECTION RESULTS. (a) A

county that holds or provides election services for an election and

maintains an Internet website shall post on its public Internet

website for an election of public officials or of a governmental

entity authorized by law to impose a tax administered by the county:

(1) the results of each election;

(2) the total number of votes cast;

(3) the total number of votes cast for each candidate

or for or against each measure;

(4) the total number of votes cast in person during the

voting period;

(5) the total number of votes cast in person on

election day;

(6) the total number of votes cast by mail; and

(7) the total number of counted and uncounted

provisional ballots cast.

(b) A city or independent school district that holds an

election and maintains an Internet website shall post on its public

Internet website for the city or independent school district, as

applicable:

(1) the results of each election;

(2) the total number of votes cast;

(3) the total number of votes cast for each candidate

or for or against each measure;

(4) the total number of votes cast in person during the

voting period;

(5) the total number of votes cast in person on

election day;

(6) the total number of votes cast by mail; and

(7) the total number of counted and uncounted

provisional ballots cast.

(c) The information described by Subsections (a) and (b)

must be:

(1) posted as soon as practicable after the election;

and

(2) accessible without having to make more than two

selections or view more than two network locations after accessing

the Internet website home page of the county, city, or district, as

applicable.

CHAPTER 92. PROCESSING MAIL VOTING RESULTS

SUBCHAPTER A. MAIL BALLOT BOARD

Sec. 92.001. BOARD CREATED; JURISDICTION. A mail ballot

board shall be created in each election to process mail voting

results from the territory served by the county clerk.

Sec. 92.002. COMPOSITION OF BOARD. (a) The mail ballot

board consists of a presiding judge, an alternate presiding judge,

and at least one other member.

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

judge and the alternate presiding judge are appointed in the same

manner as a presiding election judge and alternate presiding

election judge, respectively. Except as provided by Subsection

(c), each other member is 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 mail ballot board in order

of the county chair's preference. The county election board shall

appoint at least one person from each list to serve as a member of

the mail ballot board. The same number of members must be appointed

from each list. The county election board shall appoint persons as

members of the mail ballot board in the order of preference

indicated on each list.

(d) In addition to the members appointed under Subsection

(c), the county election board shall appoint as the presiding judge

the highest-ranked person on 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 and as the alternate presiding judge

the highest-ranked person on the list provided under that

subsection by the political party whose nominee for governor

received the second most votes in the county in the most recent

gubernatorial general election.

Sec. 92.003. ELIGIBILITY FOR BOARD MEMBERSHIP. To be

eligible for appointment to the mail 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 county clerk and is not required to

be a qualified voter of any other particular territory.

Sec. 92.0031. TRAINING. The secretary of state shall

provide a standardized training program and materials for members

of a mail ballot board in the same manner it provides such a program

under Subchapter F, Chapter 32.

Sec. 92.004. 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 mail ballot board for the election. In that case,

the presiding election judge of the precinct serves as the board's

presiding officer.

Sec. 92.005. COMPENSATION OF MEMBERS. (a) Members of the

mail ballot board are entitled to the same compensation as

presiding election judges, except that:

(1) the presiding judge may be compensated at a higher

rate at the discretion of the appropriate authority; and

(2) 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.

(b) Precinct officers serving as board members under

Section 92.004 may not be compensated for both positions.

Sec. 92.006. MAIL BALLOT BOARD MEMBERS: OATH AND

IDENTIFICATION. (a) A member of the mail ballot board shall repeat

the following oath aloud:

"I swear (or affirm) that I will objectively work to be sure

every eligible voter's vote is accepted and counted, and that only

the ballots of those voters who violated the Texas Election Code

will be rejected. I will make every effort to correctly reflect the

voter's intent when it can be clearly determined. I will not work

alone when ballots are present and will work only in the presence of

a member of a political party different from my own. I will

faithfully perform my duty as an officer of the election and guard

the purity of the election."

(b) A member of the mail ballot board who arrives after the

oath is made shall repeat the oath aloud before performing any

duties as a member.

(c) Following administration of the oath, each member of the

mail ballot board shall be issued a form of identification,

prescribed by the secretary of state, to be displayed by the member

during the member's hours of service on the board.

SUBCHAPTER B. DELIVERING MATERIALS TO BOARD

Sec. 92.021. BALLOTS AND OTHER MATERIALS DELIVERED TO

BOARD. The county clerk shall deliver to the mail ballot board:

(1) the jacket envelopes containing the mail ballots,

regardless of the ballot type or voting system used;

(2) the list of registered voters used in conducting

voting by mail; and

(3) a ballot transmittal form that includes a

statement of the number of mail ballots, regardless of the ballot

type or voting system used, that are delivered to the mail ballot

board.

Sec. 92.0211. ELECTRONIC DELIVERY OF MATERIALS RECORDED

ELECTRONICALLY. If ballot materials and ballot applications are

recorded electronically as provided by Section 92.206, the county

clerk may deliver those materials to the mail ballot board through

electronic means.

Sec. 92.022. TIME OF DELIVERY: GENERAL RULE. Except as

provided by Section 92.0221, 92.023, or 92.024, the materials shall

be delivered to the mail 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.

Sec. 92.0221. TIME OF DELIVERY: MAIL BALLOTS. (a) Except as

provided by Subsection (b), not later than the ninth day before

election day, the jacket envelopes containing mail ballots shall be

delivered to the board.

(b) Any jacket envelopes of mail ballots returned after

delivery of the ballots under Subsection (a) may be delivered to the

presiding judge of the mail ballot 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.

(c) The county clerk shall post notice of each delivery of

balloting 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 county clerk's office continuously for at least 24

hours immediately preceding the delivery.

(d) At least 24 hours before each delivery made before the

time for opening the polls on election day, the county 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.

Sec. 92.0222. TIME OF DELIVERY: BALLOTS SENT OUT BY REGULAR

MAIL AND E-MAIL. (a) If the county clerk has provided a voter a mail

ballot by both regular mail and e-mail under Part 3, Subchapter A,

Chapter 74, the clerk may not deliver a jacket envelope containing

the mail ballot by the voter to the mail ballot board until:

(1) both ballots are returned; or

(2) the deadline for returning marked ballots under

Section 73.007 has passed.

(b) If both the ballot provided by regular mail and the

ballot provided by e-mail are returned before the deadline, the

county clerk shall deliver only the jacket envelope containing the

ballot provided by e-mail to the mail ballot board. The ballot

provided by regular mail is considered to be a ballot not timely

returned.

Sec. 92.023. TIME OF DELIVERY: AUTOMATICALLY COUNTED

BALLOTS. (a) In an election in which mail ballots are to be counted

by automatic tabulating equipment at a central counting station,

the mail ballots to be automatically counted may be delivered to the

mail ballot board between the end of the fourth day before election

day 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 county 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 county clerk's office 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 county 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.

Sec. 92.024. TIME OF DELIVERY: VOTING MACHINE ELECTION.

(a) In an election in which votes are cast on voting machines, the

jacket envelopes containing the mail ballots may be delivered to

the mail ballot board between the end of the fourth day before

election day 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 county 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 county clerk's office continuously for at least 24 hours

immediately preceding the delivery.

(c) At least 24 hours before the delivery, the county 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.

Sec. 92.0241. PROCESSING BALLOTS BEFORE POLLS OPEN. (a)

The mail ballot board shall make its determination whether to

accept mail ballots in accordance with Section 92.041 after the

ballots are delivered to the board.

(b) The mail ballot board may not count mail 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 or conducted with such a county through a

contract for election services, the fourth day before election day.

(c) The secretary of state shall prescribe any procedures

necessary for implementing this section.

Sec. 92.025. DELIVERING SECOND BALLOT BOX KEY TO BOARD. On

request of the presiding officer of the mail ballot board, the

custodian of the key to the second lock on the ballot boxes for mail

ballots shall deliver the custodian's key for each box to the

presiding officer.

Sec. 92.026. BYSTANDERS EXCLUDED. (a) Except as permitted

by this code and as described by Subsection (b), a person may not be

in the meeting place of a mail ballot board during the time of the

board's operations.

(b) Under this code, a person may be lawfully present in the

meeting place of a mail ballot board during the time of the board's

operations if the person is:

(1) a presiding judge or member of the board;

(2) a watcher;

(3) a state inspector;

(4) a voting system technician, as authorized by

Section 125.010;

(5) the county election officer, as defined by Section

31.091, as necessary to perform tasks related to the administration

of the election; or

(6) a person whose presence has been authorized by the

presiding judge in accordance with this code.

Sec. 92.027. ACCESS TO INFORMATION. (a) On request, a

county election official shall provide to a member of a mail ballot

board all available information necessary to fulfilling the

functions of the board, including any information from the

statewide computerized voter registration list under Section

18.061.

(b) The secretary of state shall adopt rules as necessary to

prevent a member of a mail ballot board from retaining or sharing

personally identifiable information from the statewide

computerized voter registration list under Section 18.061 obtained

under this section for any reason unrelated to the official's

official duties.

SUBCHAPTER C. ACCEPTING MAIL BALLOT

Sec. 92.041. ACCEPTING VOTER. (a) The mail ballot board

shall open each jacket envelope for a mail ballot 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 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 the voter's own

residence or an address outside the voter's county of residence, if

the ground for voting by mail 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 73.002(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;

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

voter is an address that is otherwise required by Sections 72.002

and 73.003; and

(8) the information required under Section 73.002(g)

provided by the voter identifies the same voter identified on the

voter's application for voter registration under Section

13.002(c)(8).

(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.

(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) A person commits an offense if the person intentionally

accepts a ballot for voting or causes a ballot to be accepted for

voting that the person knows does not meet the requirements of

Subsection (b). An offense under this subsection is a Class A

misdemeanor.

Sec. 92.0411. SIGNATURE VERIFICATION. (a) The mail ballot

board shall make a determination under this section for each mail

ballot to ensure that each mail ballot meets the requirement under

Section 92.041(b)(2).

(b) The mail ballot board 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 voter.

(c) To determine whether the signatures are those of the

voter, the board may also compare the signatures with any known

signature of the voter on file with the county clerk or voter

registrar.

(d) If a voter provides the information required under

Section 73.002(g) and it identifies the same voter identified on

the voter's application for voter registration under Section

13.002(c)(8), the signature on the ballot application and on the

carrier envelope certificate shall be rebuttably presumed to be the

signatures of the voter. The board shall compare signatures in

making a determination under this section regardless of whether the

presumption provided by this subsection exists.

(e) Except as provided by Subsection (f), a determination

under this section that the signatures are not those of the voter

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

(f) If more than 12 members are serving on the board, the

board may split into two or more groups of not fewer than six

members. If the board has split into groups, the determination

under this section that the signatures are not those of the voter

must be made by a majority vote of the membership of the group

making the applicable determination.

(g) The board shall place the jacket envelopes, carrier

envelopes, and applications of voters whose signatures are not

those of the voter in separate containers from those of voters whose

signatures are those of the voter.

(h) For a ballot cast under Subchapter A or D, Chapter 74,

the board shall compare the signature on the carrier envelope or

signature cover sheet with the signature of the voter on the federal

postcard application.

Sec. 92.0412. OPPORTUNITY TO CORRECT DEFECT: MAIL BALLOT

BOARD. (a) This section applies to a mail ballot:

(1) for which the voter did not sign the carrier

envelope certificate;

(2) for which it cannot immediately be determined

whether the signature on the carrier envelope certificate is that

of the voter;

(3) missing any required statement of residence;

(4) missing information or containing incorrect

information required under Section 72.002(a)(2) or 73.002; or

(5) containing incomplete information with respect to

a witness.

(b) Not later than the second day after a mail ballot board

discovers a defect described by Subsection (a) and before the board

decides whether to accept or reject a timely delivered ballot under

Section 92.041, the board shall send the voter a notice of the

defect and a corrective action form developed by the secretary of

state under Subsection (e) by mail or by common or contract carrier.

(c) The mail ballot board shall include with the notice

delivered to the voter under Subsection (b):

(1) a brief explanation of each defect in the

noncomplying ballot; and

(2) a notice that the voter may:

(A) cancel the voter's application to vote by

mail in the manner described by Section 72.032; or

(B) correct the defect in the voter's ballot by:

(i) submitting a corrective action form

developed and made available by the secretary of state under

Subsection (e) by mail or by common or contract carrier; or

(ii) coming to the county clerk's office not

later than the sixth day after election day.

(d) If the mail ballot board determines that it would not be

possible for the voter to receive the notice of defect within a

reasonable time to correct the defect, the board may notify the

voter of the defect by telephone or e-mail and inform the voter that

the voter may request to have the voter's application to vote by

mail canceled in the manner described by Section 72.032, submit a

corrective action form developed by the secretary of state under

Subsection (e) by mail or by common or contract carrier, or come to

the county clerk's office in person not later than the sixth day

after election day to correct the defect.

(e) The secretary of state shall develop a corrective action

form that may be completed and submitted to a mail ballot board

under this section to correct a defect.

(f) If the mail ballot board takes an action described by

Subsection (b) or (d), the board must take either action described

by that subsection with respect to each ballot in the election to

which this section applies.

(g) A poll watcher is entitled to observe an action taken

under Subsection (b) or (d).

(h) The mail ballot board shall:

(1) in addition to sending the voter notice of the

defect under Subsection (b) or notifying the voter of the defect by

telephone or e-mail under Subsection (d), notify the voter of a

defect discovered under this section using the online tool

described by Section 73.015; and

(2) if possible, permit the voter to correct a defect

using the online tool described by Section 73.015.

(i) The secretary of state may prescribe any procedures

necessary to implement this section.

(j) Notwithstanding any other law, a ballot may not be

finally rejected for a reason listed in Section 92.041(b)(1), (2),

or (6) before the seventh day after election day.

Sec. 92.042. DISPOSITION OF ACCEPTED BALLOT. (a) The mail

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 (d), the board shall

place the ballot envelope containing an accepted ballot in a ballot

box containing the accepted mail ballots.

(c) The ballot box in which the mail ballot board deposits

ballot envelopes containing accepted mail 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 envelope 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. The

secretary of state shall prescribe any procedures necessary to

implement the use of sealed ballot boxes for mail ballots.

(d) The ballot envelope must be placed in a separate

container if the ballots are to be counted at a central counting

station.

(e) 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.

Sec. 92.043. DISPOSITION OF REJECTED BALLOT. (a) The mail

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. The board shall keep a record of

the number of rejected ballots in each envelope.

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

date and identity of the election and must be labeled "rejected mail

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.

(d) A notation must be made on the carrier envelope of any

ballot that was rejected after the carrier envelope was opened and

include the reason the envelope was opened and the ballot was

rejected.

Sec. 92.0431. NOTICE OF REJECTED BALLOT. (a) Not later

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

mail 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. If the ballot was transmitted to the voter by

e-mail under Part 3, Subchapter A, Chapter 74, the presiding judge

shall also provide the notice to the e-mail address to which the

ballot was sent.

(b) The county clerk shall, not later than the 30th day

after election day, deliver notice to the attorney general,

including certified copies of the carrier envelope and

corresponding ballot application, of any ballot rejected because:

(1) the voter was deceased;

(2) the voter already voted in person in the same

election;

(3) the signatures on the carrier envelope and ballot

application were not executed by the same person;

(4) the carrier envelope certificate lacked a witness

signature;

(5) the carrier envelope certificate was improperly

executed by an assistant; or

(6) the mail ballot board determined that another

violation of the Election Code occurred.

(c) The attorney general shall prescribe the form and manner

of submission under Subsection (b). The secretary of state shall

adopt rules as necessary to implement the requirements prescribed

under this subsection.

Sec. 92.044. DISPOSITION OF APPLICATION. (a) The mail

ballot board shall place each application to vote by mail in its

corresponding jacket envelope. For a ballot voted under Subchapter

A or D, Chapter 74, the board shall also place the copy of the

voter's federal postcard application or signature cover sheet in

the same location as the carrier 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.

SUBCHAPTER D. PROCESSING MANUALLY COUNTED BALLOTS

Sec. 92.061. AUTHORITY RESPONSIBLE FOR COUNTING BALLOTS.

The mail ballot board shall count the mail ballots that are to be

counted manually.

Sec. 92.062. COUNTING BALLOTS AND PREPARING RETURNS. (a)

On the direction of the presiding judge, the mail ballot board, in

accordance with Section 92.042(c), shall open the containers for

the mail ballots that are to be counted by the board, remove the

contents from each 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.

Sec. 92.063. DISPOSITION OF BALLOTS AND OTHER ITEMS. (a)

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

mail ballot board shall deliver the mail ballots counted by the

board, mail ballot election returns, other mail voting election

records, and mail 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 mail ballots are counted by automatic

tabulating equipment at a central counting station, instead of

delivering a copy of the mail ballot election returns and other mail

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.

SUBCHAPTER E. PROCESSING BALLOTS COUNTED AT CENTRAL COUNTING

STATION

Sec. 92.101. DELIVERY OF BALLOTS TO COUNTING STATION. On

the direction of the presiding judge, the mail ballot board shall

deliver to the central counting station the container for the mail

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.

Sec. 92.102. 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 mail

ballots cast in an election be duplicated as electronic system

ballots for automatic counting at the central counting station.

(b) Mail ballots that are to be duplicated under this

section shall be delivered to the central counting station as

prescribed by Section 92.101 and shall be treated in the same manner

as damaged electronic system ballots that are duplicated for

automatic counting.

Sec. 92.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)

Electronic system ballots counted at a central counting station and

other mail ballots shall be tabulated separately and shall be

separately reported on the returns.

(b) The mail ballot returns prepared at the central counting

station must include any voting results obtained by the mail ballot

board under Subchapter D.

Sec. 92.104. DISPOSITION OF MAIL BALLOT BOARD RETURNS AND

OTHER RECORDS. Mail ballot returns or other mail voting election

records to be delivered to the central counting station under

Section 92.063(b) shall be delivered to the appropriate authorities

with the counting station records.

SUBCHAPTER F. VERIFICATION AND COUNTING OF PROVISIONAL BALLOTS

Sec. 92.151. DUTY OF MAIL BALLOT BOARD. (a) The mail

ballot board shall verify and count provisional ballots as provided

by this subchapter not later than the ninth day after the date of an

election.

(b) Notwithstanding Subsection (a), for an election held on

the date of the general election for state and county officers, the

mail ballot board shall verify and count provisional ballots as

provided by this subchapter not later than the 13th day after the

date of the election.

(c) Except as provided by this subchapter, the conduct of

the board is governed by the same procedures as are provided by this

chapter.

Sec. 92.152. DUTY OF VOTER REGISTRAR. The secretary of

state shall prescribe procedures by which the voter registrar of

the county in which a provisional ballot is cast shall provide

assistance to the mail ballot board in executing its authority

under this subchapter. In an election described by Section

92.151(b), the procedures must allow for 10 calendar days for the

voter registrar to review a provisional voter's eligibility.

Sec. 92.153. DELIVERY OF PROVISIONAL BALLOTS. The

presiding judge of an election precinct shall deliver in person to

the general custodian of election records the box containing each

envelope containing a provisional ballot that was cast in the

precinct. The secretary of state shall prescribe procedures by

which the mail ballot board may have access to the provisional

ballots as necessary to implement this subchapter.

Sec. 92.154. ACCEPTING PROVISIONAL BALLOT. (a) The mail

ballot board shall examine each affidavit executed under Section

63.011 and determine whether to accept the provisional ballot of

the voter who executed the affidavit.

(b) A provisional ballot shall be accepted if the board

determines that:

(1) from the information in the affidavit or contained

in public records, the person is eligible to vote in the election

and has not previously voted in that election;

(2) the person:

(A) meets the identification requirements of

Section 63.001(b) at the time the ballot was cast or in the period

prescribed under Section 92.1541;

(B) notwithstanding Chapter 110, Civil Practice

and Remedies Code, executes an affidavit under penalty of perjury

that states the voter has a religious objection to being

photographed and the voter has consistently refused to be

photographed for any governmental purpose from the time the voter

has held this belief; or

(C) executes an affidavit under penalty of

perjury that states the voter does not have any identification

meeting the requirements of Section 63.001(b) as a result of a

natural disaster that:

(i) was declared by the president of the

United States or the governor;

(ii) occurred not earlier than 45 days

before the date the ballot was cast; and

(iii) caused the destruction of or

inability to access the voter's identification; and

(3) the voter has not been challenged and voted a

provisional ballot solely because the voter did not meet the

requirements for identification prescribed by Section 63.001(b).

(c) If a provisional ballot is accepted, the board shall

enter the voter's name on a list of voters whose provisional ballots

are accepted.

(d) If a provisional ballot is rejected, the board shall

indicate the rejection by marking "rejected" on the envelope

containing the provisional ballot.

Sec. 92.1541. PRESENTATION OF IDENTIFICATION FOR CERTAIN

PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional

voting under Section 63.011 because the voter does not meet the

identification requirements of Section 63.001(b) may, not later

than the sixth day after the date of the election:

(1) present a form of identification described by

Section 63.0101 to the voter registrar for examination; or

(2) execute an affidavit described by Section

92.154(b)(2)(B) or (C) in the presence of the voter registrar.

(b) The secretary of state shall prescribe procedures as

necessary to implement this section.

Sec. 92.155. DISPOSITION OF ACCEPTED PROVISIONAL BALLOT AND

AFFIDAVIT. (a) The mail ballot board shall open each envelope

containing an accepted provisional ballot without defacing the

affidavit located on the outside of the envelope and shall remove

the ballot.

(b) The board shall place the ballot in a ballot box

containing all the provisional ballots accepted for voting in the

election.

(c) For each accepted provisional ballot, the board shall

place the corresponding envelope on which is printed the voter's

affidavit executed under Section 63.011 in a sealed envelope and

shall deliver the envelope to the general custodian of election

records, to be retained for the period for preserving precinct

election returns.

Sec. 92.156. DISPOSITION OF REJECTED PROVISIONAL BALLOT.

(a) If the affidavit on the envelope of a rejected provisional

ballot contains the information necessary to enable the person to

register to vote under Chapter 13, the voter registrar shall make a

copy of the affidavit under procedures prescribed by the secretary

of state. The voter registrar shall treat the copy as an

application for registration under Chapter 13.

(b) The mail ballot board shall place the envelopes

containing rejected provisional ballots in an envelope and shall

seal the envelope. More than one envelope may be used if necessary.

(c) The envelope for the rejected provisional ballots must

indicate the date and identity of the election, be labeled

"rejected provisional ballots," and be signed by the board's

presiding judge.

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

rejected provisional 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 accepted provisional ballots.

Sec. 92.157. PROCESSING ACCEPTED PROVISIONAL BALLOTS. (a)

The mail ballot board shall count accepted provisional ballots as

follows:

(1) for ballots to be counted manually, in the manner

provided by Subchapter D;

(2) for ballots to be counted by automatic tabulating

equipment at a central counting station, in the manner provided by

Subchapter E; and

(3) for ballots to be counted by any other means, in

the manner provided by rules adopted by the secretary of state.

(b) On counting the ballots under this section, the board

shall report the results to the local canvassing authority for the

election.

Sec. 92.158. PRESERVATION OF PROVISIONAL VOTING RECORDS

GENERALLY. The returns of provisional ballots that are accepted,

the accepted ballots, and other provisional voting records shall be

preserved after the election in the same manner as the

corresponding precinct election returns.

Sec. 92.1581. PUBLIC INSPECTION OF PROVISIONAL VOTING

RECORDS. Provisional voting records are not available for public

inspection until the first business day after the date the mail

ballot board completes the verification and counting of provisional

ballots under Section 92.151 and delivers the provisional ballots

and other provisional voting records to the general custodian of

election records.

Sec. 92.159. NOTICE TO PROVISIONAL VOTER. The secretary of

state shall prescribe procedures to implement a system to allow a

person who casts a provisional ballot under Section 63.011 to

obtain access free of charge to information on the disposition of

the person's ballot. The system:

(1) must allow the person to determine whether the

person's ballot was counted, and, if the person's ballot was not

accepted, must indicate the reason why;

(2) must provide the information only to the person

who cast the provisional ballot; and

(3) may involve the use of a toll-free telephone

number or the Internet.

Sec. 92.160. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S

LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT

AFFIDAVIT. A social security number, Texas driver's license

number, or number of a personal identification card issued by the

Department of Public Safety furnished on a provisional ballot

affidavit is confidential and does not constitute public

information for purposes of Chapter 552, Government Code. The

general custodian of election records shall ensure that a social

security number, Texas driver's license number, or number of a

personal identification card issued by the Department of Public

Safety is excluded from disclosure.

SUBCHAPTER G. MISCELLANEOUS PROVISIONS

Sec. 92.201. MAIL VOTING ROSTERS. (a) The county clerk

shall maintain for each election a roster listing each person to

whom a mail ballot is sent.

(b) For each person listed, the 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 the ballot was mailed to the person.

(c) The roster shall be updated daily.

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

secretary of state.

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

for the period for preserving the precinct election records.

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

ballot shall be made available for public inspection as provided by

Subsection (h) not later than 11 a.m. on the day following the day

the county clerk receives any mail ballot.

(h) The information under Subsection (g) must be made

available:

(1) for an election in which the county clerk is the

authority performing the functions of a county clerk with regard to

voting by mail:

(A) on the publicly accessible Internet website

of the county; or

(B) if the county does not maintain a website, on

the bulletin board used for posting notice of meetings of the

commissioners court; or

(2) for an election not described by Subdivision (1):

(A) on the publicly accessible Internet website

of the authority ordering the election; or

(B) if the authority ordering the election does

not maintain a website, on the bulletin board used for posting

notice of meetings of the governing body of the authority.

(i) The county clerk for a primary election or the general

election for state and county officers shall submit to the

secretary of state for posting on the secretary of state's Internet

website the information described by Subsection (g) not later than

11 a.m. on the day following the day the county clerk receives any

mail ballot.

(j) The county clerk for a primary election or the general

election for state and county officers shall submit to the

secretary of state for posting on the secretary of state's Internet

website the election day information described by Subsection (g)

not later than 11 a.m. on the day after the election.

(k) The county clerk for a primary election or the general

election for state and county officers shall submit to the

secretary of state for posting on the secretary of state's Internet

website the final roster containing information described by

Subsection (g) not later than the 20th day after the date of the

local canvass.

(l) The secretary of state shall post the information

described by Subsection (i) on the secretary of state's Internet

website in a downloadable format not later than 11 a.m. on the day

following the day of receipt of the information.

(m) The secretary of state shall create a system for a

county clerk for a primary election or the general election for

state and county officers to provide the information to the

secretary of state for posting on the secretary of state's Internet

website under Subsection (i).

(n) A person registered to vote in the county where the

county clerk is conducting mail voting may submit a complaint to the

secretary of state stating that a county clerk has not complied with

this section.

(o) The secretary of state by rule shall create and maintain

a system for receiving and recording complaints made under this

section.

(p) The secretary of state shall maintain a record

indicating county clerks who have failed to comply with the

requirements of this section.

Sec. 92.202. PRECINCT MAIL VOTING LIST. (a) For each

election precinct in the territory served by the county clerk, the

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

registration number of each person registered in the precinct to

whom a mail ballot 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 enter "mail voter" beside the name of

each person on the precinct list of registered voters whose name

appears on the list of mail voters and shall deliver the precinct

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 mail

voting list prepared for the general election for state and county

officers for two years after election day.

Sec. 92.2021. DISPOSITION OF BALLOT TRANSMITTAL FORM. (a)

The presiding judge of the mail ballot board shall enter on the

ballot transmittal form the following information:

(1) the number of mail ballots received;

(2) the number of mail ballots accepted;

(3) the number of mail ballots rejected; and

(4) the number of mail 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.

Sec. 92.203. DELIVERING OTHER RECORDS AND SUPPLIES. Not

later than the second day after election day, the county clerk shall

deliver the mail voting records and supplies, other than those

required to be delivered to the mail ballot board, to the authority

to whom the corresponding precinct election records are delivered

after the election.

Sec. 92.2031. MAIL VOTES REPORTED BY PRECINCT. Not later

than the time of the local canvass, the county clerk shall deliver

to the local canvassing authority a report of the total number of

mail votes for each candidate or measure by election precinct.

Sec. 92.204. PRESERVATION OF MAIL VOTING ELECTION RECORDS

GENERALLY. The mail voting election returns, voted mail ballots,

and other mail voting election records shall be preserved after the

election in the same manner as the corresponding precinct election

records.

Sec. 92.205. COUNTING OF CERTAIN BALLOTS VOTED LATE BY

MAIL. (a) The mail ballot board shall convene to count mail

ballots described by Section 73.007(d) at the time set by the

presiding judge of the board on the ninth day after the date of an

election or on an earlier day if the county clerk certifies that all

ballots mailed from outside the United States have been received.

(b) Notwithstanding Subsection (a), for an election held on

the date of the general election for state and county officers, the

mail ballot board shall convene to count mail ballots described by

Sections 73.007(d) and (e) not later than the 13th day after the

date of the election.

(c) On counting the ballots under Subsection (a), the mail

ballot board shall report the results to the local canvassing

authority for the election.

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

the mail ballot board is a Saturday, Sunday, or legal state or

national holiday, the mail ballot board shall convene on the next

regular business day.

Sec. 92.206. ELECTRONIC RECORDING OF BALLOT MATERIALS AND

APPLICATIONS. (a) The county clerk may electronically record

applications to vote by mail, jacket envelopes, carrier envelopes,

and ballots.

(b) Electronic records made under this section shall record

both sides of any application, envelope, or ballot recorded, and

all such records shall be provided to the mail ballot board.

(c) The secretary of state may adopt rules providing

requirements for the electronic image quality and storage of the

electronic images of the documents described by Subsection (a).

Sec. 92.207. RESOLUTION OF INCORRECT DETERMINATION BY MAIL

BALLOT BOARD. (a) If a county election officer, as defined by

Section 31.091, determines a ballot was incorrectly rejected or

accepted by the mail ballot board before the time set for convening

the canvassing authority, the county election officer may petition

a district court for injunctive or other relief as the court

determines appropriate.

(b) In an election ordered by the governor or by a county

judge, the county election officer must confer with and establish

the agreement of the county chair of each political party before

petitioning the district court.

Sec. 92.208. NOTES. (a) Each member of a mail ballot board

is entitled to take any notes reasonably necessary to perform the

member's duties under this chapter.

(b) Notes taken under this section may not contain

personally identifiable information.

(c) Each member who takes notes under this section shall

sign the notes and deliver them to the presiding judge or committee

chair, as applicable, for delivery to the custodian of election

records.

(d) Notes collected under this section shall be preserved in

the same manner as precinct election records under Section 93.058.

CHAPTER 93. DISPOSITION OF RECORDS AND SUPPLIES AFTER ELECTION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 93.001. GENERAL CUSTODIAN OF ELECTION RECORDS. The

general custodian of election records is:

(1) the county clerk of each county wholly or partly

situated in the territory covered by the election, for an election

ordered by the governor or by a county authority or for a primary

election;

(2) the city secretary, for an election ordered by a

city authority; and

(3) the secretary of the political subdivision's

governing body or, if the governing body has no secretary, the

governing body's presiding officer, for an election ordered by an

authority of a political subdivision other than a county or city.

Sec. 93.002. PRECINCT ELECTION RECORDS. In this chapter,

"precinct election records" means the precinct election returns,

voted ballots, and other records of an election that are assembled

and distributed under this chapter.

Sec. 93.0021. ELECTION DAY VOTE TOTAL FOR CERTAIN

ELECTIONS. (a) This section applies only to a primary election or

the general election for state and county officers.

(b) The general custodian of election records for a primary

election or the general election for state and county officers

shall maintain a list that states the total number of votes cast in

person in each precinct on election day that is available for public

inspection not later than the day after election day.

(c) Each vote total shall be maintained in a downloadable

format approved by the secretary of state and posted on the Internet

website of the secretary of state.

(d) The secretary of state shall create a system for a

county clerk for a primary election or the general election for

state and county officers to provide the information to the

secretary of state for posting on the secretary of state's Internet

website under Subsection (c).

Sec. 93.003. ENVELOPES FOR DISTRIBUTION OF RECORDS. (a)

Four envelopes shall be furnished to each polling place for use in

assembling and distributing the precinct election records.

(b) The envelopes shall be labeled and addressed as follows:

(1) "Envelope No. 1," addressed to the presiding

officer of the local canvassing authority;

(2) "Envelope No. 2," addressed to the general

custodian of election records;

(3) "Envelope No. 3," addressed to the presiding

judge; and

(4) "Envelope No. 4," addressed to the voter

registrar.

Sec. 93.004. POLLING PLACE CHECKLISTS. The secretary of

state shall adopt rules and create a checklist or similar

guidelines to assist the presiding judge of a polling place in

processing forms and conducting procedures required by this code at

the opening and closing of the polling place.

SUBCHAPTER B. ASSEMBLING RECORDS FOR DISTRIBUTION

Sec. 93.021. ASSEMBLING ELECTION RECORDS. (a) On

completing the election returns for the precinct, the presiding

judge shall assemble the precinct election records and place them

in the appropriate envelopes and ballot boxes for distribution.

(b) The judge shall seal envelopes no. 1, no. 2, and no. 4

and lock ballot boxes no. 3 and no. 4 as soon as they are ready for

distribution.

Sec. 93.022. CONTENTS OF ENVELOPE NO. 1. Envelope no. 1

must contain:

(1) the original of the election returns for the

precinct; and

(2) a tally list.

Sec. 93.023. CONTENTS OF ENVELOPE NO. 2. Envelope no. 2

must contain:

(1) a copy of the precinct returns;

(2) a tally list;

(3) the original of the poll list;

(4) the signature roster;

(5) the precinct mail voting list;

(6) any affidavits completed at the polling place

except affidavits required to be placed in envelope no. 4; and

(7) any certificates of appointment of watchers.

Sec. 93.024. CONTENTS OF ENVELOPE NO. 3. Envelope no. 3

must contain:

(1) a copy of the precinct returns;

(2) a copy of the poll list; and

(3) a copy of the ballot register.

Sec. 93.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4

must contain:

(1) the precinct list of registered voters;

(2) the registration correction list;

(3) any statements of residence executed under Section

63.0011; and

(4) any affidavits executed under Section 63.006 or

63.011.

Sec. 93.025. CONTENTS OF BALLOT BOX NO. 3. (a) Ballot box

no. 3 must contain:

(1) the voted ballots;

(2) a copy of the precinct returns;

(3) a tally list; and

(4) a copy of the poll list.

(b) The copy of the poll list may be placed in a container

other than ballot box no. 3 on approval by the secretary of state if

the secretary determines that placement in the other container is

more suitable for a particular election.

Sec. 93.026. CONTENTS OF BALLOT BOX NO. 4. Ballot box no. 4

must contain:

(1) the original of the ballot register;

(2) the register of spoiled ballots;

(3) any spoiled ballots;

(4) any mail ballot returned at the polling place;

(5) any defectively printed ballots;

(6) any envelope containing cancellation requests and

canceled ballots; and

(7) any other unused ballots.

SUBCHAPTER C. DISPOSITION OF RECORDS AND SUPPLIES

Sec. 93.051. DISTRIBUTION OF ELECTION RECORDS. (a) The

presiding judge shall deliver envelope no. 1 in person to the

presiding officer of the local canvassing authority. If the

presiding officer of the local canvassing authority is unavailable,

the envelope shall be delivered to the general custodian of

election records who shall then deliver it to the local canvassing

authority before the time set for convening the local canvass.

(b) The presiding judge shall deliver envelope no. 2, ballot

box no. 3, and ballot box no. 4 and its key in person to the general

custodian of election records.

(c) The presiding judge shall retain envelope no. 3.

(d) The presiding judge shall deliver envelope no. 4 in

person to the voter registrar. If the voter registrar is

unavailable, the envelope shall be delivered to the general

custodian of election records, who shall deliver it to the voter

registrar on the next regular business day.

Sec. 93.052. DELIVERY BY ELECTION CLERK. A delivery of

election records or supplies that is to be performed by the

presiding judge may be performed by an election clerk designated by

the presiding judge.

Sec. 93.053. TIME FOR DELIVERING ELECTION RECORDS. (a) The

precinct election records shall be delivered to the appropriate

authorities immediately after the precinct returns are completed.

(b) If the presiding judge determines that the ballots will

not be counted in time to allow delivery of the precinct election

records by 2 a.m. of the day after election day, the presiding

judge, between midnight of election day and 1 a.m. of the following

day, shall notify the general custodian of election records by

telephone of:

(1) the total number of voters who voted at the polling

place during the voting period and on election day, as indicated by

the poll list;

(2) the vote totals tallied for each candidate and for

and against each measure at the time of notification; and

(3) the expected time of finishing the count.

(c) The precinct election records shall be delivered not

later than 24 hours after the polls close in each election.

Sec. 93.054. FAILURE TO DELIVER ELECTION RETURNS AND VOTED

BALLOTS. (a) An election officer responsible for delivering

precinct election returns or voted ballots commits an offense if

the officer:

(1) fails to make the delivery to the appropriate

authority;

(2) fails to make the delivery by the deadline

prescribed by Section 93.053(c); or

(3) fails to prevent another person from handling in

an unauthorized manner the returns or voted ballots that the

officer is responsible for delivering while they are in the

officer's custody.

(b) If the officer is an election clerk, it is an exception

to the application of Subsection (a)(2) that the election clerk did

not receive the returns from the presiding judge in time to permit a

timely delivery.

(c) An offense under this section is a Class B misdemeanor.

Sec. 93.055. JUDICIAL IMPOUNDMENT OF ELECTION RECORDS. (a)

If the precinct election records are not delivered by the deadline

prescribed by Section 93.053(c), on application by a member of the

canvassing authority, a district judge shall order the precinct

election records to be impounded.

(b) The district judge shall supervise the activities

necessary to complete the count, prepare the precinct returns, and

distribute the records.

Sec. 93.056. UNOFFICIAL TABULATION OF PRECINCT RESULTS.

(a) As the general custodian of election records receives the

precinct election records from each polling place, the custodian

shall:

(1) open the envelopes and remove the precinct

election returns; and

(2) prepare a tabulation stating for each candidate

and for and against each measure:

(A) the total number of votes received in each

precinct; and

(B) the sum of the precinct totals tabulated

under Paragraph (A).

(b) The custodian shall periodically make a public

announcement of the current state of the tabulation made under

Subsection (a).

(c) The tabulation made under Subsection (a) is unofficial

and does not affect the outcome of the election.

(d) The custodian shall preserve the unofficial tabulation

for the period for preserving the precinct election records.

Sec. 93.057. REGULATING PUBLIC INSPECTION OF CERTAIN

ELECTION RECORDS. (a) The election returns for a particular

precinct that are delivered to the general custodian of election

records do not become public information until the custodian

completes the unofficial tabulation of the results for that

precinct.

(b) The general custodian of election records or the

custodian's designee shall be present at all times when the records

delivered in ballot box no. 4 are inspected.

(c) The election records in envelope no. 3 become public

information when delivery of the precinct election records is

completed.

Sec. 93.058. PRESERVATION OF PRECINCT ELECTION RECORDS.

(a) Except as otherwise provided by this code, the precinct

election records shall be preserved by the authority to whom they

are distributed for at least 22 months after election day.

(b) For a period of at least 60 days after the date of the

election, the voted ballots shall be preserved securely in a locked

room in the locked ballot box in which they are delivered to the

general custodian of election records. On the 61st day after

election day, the general custodian of election records may:

(1) require a person who has possession of a key that

operates the lock on a ballot box containing voted ballots to return

the key to the custodian; and

(2) unlock the ballot box and transfer the voted

ballots to another secure container for the remainder of the

preservation period.

(c) Except as permitted by this code, a ballot box or other

secure container containing voted ballots may not be opened during

the preservation period.

(d) If during the preservation period an authorized entry is

made into a ballot box or other secure container containing voted

ballots, when the purpose for the entry is fulfilled, the box or

container shall be relocked or resecured, and the box and key or

secure container returned to the custodian.

(e) A custodian of a ballot box or secure container

containing voted ballots commits an offense if, during the

preservation period prescribed by Subsection (a), the custodian:

(1) makes an unauthorized entry into the box or

container; or

(2) fails to prevent another person from handling the

box or container in an unauthorized manner or from making an

unauthorized entry into the box or container.

(f) An offense under Subsection (e) is a Class A

misdemeanor.

(g) The records in ballot box no. 4 may be preserved in that

box or by any other method chosen by the custodian. If the records

are removed from the box, they may not be commingled with any other

election records kept by the custodian.

(h) Electronic records created under Chapter 129 shall be

preserved in a secure container.

(i) For the preservation of precinct election records in an

election involving a federal office, the secretary of state shall

instruct the affected authorities on the actions necessary to

comply with federal law and otherwise implement this section.

Sec. 93.059. RETRIEVING ERRONEOUSLY PLACED ELECTION

RECORDS. (a) On written application by the presiding officer of

the local canvassing authority or the presiding judge of the

election precinct, a district judge of the county in which a ballot

box containing voted ballots is in custody may order the box opened

to retrieve an election record that was erroneously placed in the

box.

(b) If the political subdivision holding the election is not

a county or is a county that does not maintain an Internet website,

the district judge shall post a notice of the date, hour, and place

for opening the box on the bulletin board used for posting notices

of the meetings of the governing body of the political subdivision

served by the general custodian of election records. The notice

must remain posted continuously for the 24 hours immediately

preceding the hour set for opening the box.

(c) If the political subdivision holding the election is a

county that maintains an Internet website, the district judge shall

post a notice of the date, hour, and place for opening the box on the

county's Internet website. The notice must remain posted

continuously for the 24 hours preceding the hour set for opening the

box.

(d) Any interested person may observe the opening of the

box.

(e) The district judge shall issue the orders necessary to

safeguard the contents of a ballot box opened under this section.

Sec. 93.060. DELIVERY AND PRESERVATION OF KEY TO BALLOT BOX

NO. 3. (a) The presiding judge shall deliver the key to ballot box

no. 3 in person to the following authority:

(1) the sheriff, for an election ordered by the

governor or a county authority or for a primary election, except

that in a year in which the office of sheriff is regularly on the

ballot the presiding judge shall deliver the key to the county

judge, and if both those offices are on the same ballot because of

the filling of an unexpired term the key shall be delivered to the

county auditor or to a designated member of the commissioners court

who is not on the ballot and who is appointed by the court if the

county does not have a county auditor;

(2) the chief of police or city marshal, for an

election ordered by a city authority; or

(3) the constable of the justice precinct in which the

office of the political subdivision's governing body is located, or

if the office of constable is vacant, the sheriff of the county in

which the governing body's office is located, for an election

ordered by an authority of a political subdivision other than a

county or city.

(b) The ballot box key shall be delivered at the same time as

the precinct election records.

(c) The custodian of the key to ballot box no. 3 shall keep

the key for the period for preserving the precinct election records

except for the time the key is temporarily out of the custodian's

custody in accordance with this code.

(d) A person commits an offense if the person is the

custodian of the key to a ballot box containing voted ballots and,

during the period for keeping the key, the person knowingly

relinquishes custody of the key except as permitted by law. An

offense under this subsection is a Class B misdemeanor.

(e) After the period for keeping a key to ballot box no. 3

expires, the key's custodian shall return the key to the custodian

of the ballot box.

Sec. 93.061. CUSTODY OF LIST OF REGISTERED VOTERS TO BE

REUSED IN SUBSEQUENT ELECTION. The custodian of a precinct list of

registered voters that is to be reused in a subsequent election

occurring during the preservation period shall return the list to

the authority responsible for delivering the election supplies not

earlier than the fourth day before the date it is needed for the

subsequent election.

Sec. 93.062. RETURNING EQUIPMENT AND SUPPLIES. (a) At the

same time the precinct election records are delivered, the unused

election supplies shall be delivered to the authority responsible

for distributing the election supplies.

(b) The presiding judge shall follow the directions of the

authority responsible for distributing the election supplies

regarding the storage or return after the election of ballot boxes

no. 1 and no. 2, the keys to those boxes, voting booths, and other

election equipment.

CHAPTER 94. CANVASSING ELECTIONS

Sec. 94.001. APPLICABILITY OF CHAPTER. This chapter

applies to each general or special election conducted in this

state.

Sec. 94.002. CANVASS OF PRECINCT RETURNS. (a) Except as

otherwise provided by law, the precinct election returns for each

election shall be canvassed by the following authority:

(1) for an election ordered by the governor or by a

county authority, the commissioners court of each county in which

the election is held; and

(2) for an election ordered by an authority of a

political subdivision other than a county, the political

subdivision's governing body.

(b) The canvass of precinct returns shall be conducted in

accordance with this chapter except as otherwise provided by this

code.

Sec. 94.003. TIME FOR LOCAL CANVASS. (a) Except as

provided by Subsection (b), each local canvassing authority shall

convene to conduct the local canvass at the time set by the

canvassing authority's presiding officer not later than the 11th

day after election day and not earlier than the later of:

(1) the third day after election day;

(2) the date on which the mail ballot board has

verified and counted all provisional ballots, if a provisional

ballot has been cast in the election; or

(3) the date on which all timely received ballots cast

from addresses outside of the United States are counted, if a mail

ballot in the election was provided to a person outside of the

United States.

(b) In an election described by Section 92.151(b), the time

for the local canvass may be set not later than the 14th day after

election day.

Sec. 94.004. PROCEDURE FOR LOCAL CANVASS. (a) At the time

set for convening the canvassing authority for the local canvass,

the presiding officer of the canvassing authority shall deliver the

sealed precinct returns to the authority. The authority shall open

the returns for each precinct and canvass them as provided by this

section. Two members of the authority constitute a quorum for

purposes of canvassing an election.

(b) The canvassing authority shall prepare a tabulation

stating for each candidate and for and against each measure:

(1) the total number of votes received in each

precinct; and

(2) the sum of the precinct totals tabulated under

Subdivision (1).

(c) The tabulation in Subsection (b) must also include for

each precinct the total number of voters who cast a ballot for a

candidate or for or against a measure in the election. The

secretary of state shall prescribe any procedures necessary to

implement this subsection.

(d) The canvassing authority may prepare the tabulation as a

separate document or may enter the tabulation directly in the local

election register maintained for the authority. The authority

shall attach or include as part of the tabulation the report of mail

voting votes by precinct received under Section 92.2031.

(e) The canvassing authority may compare the precinct

returns with the corresponding tally list. If a discrepancy is

discovered between the vote totals shown on the returns and those

shown on the tally list for a precinct, the presiding judge of the

precinct shall examine the returns and tally list and make the

necessary corrections on the returns.

(f) On completion of the canvass, the presiding officer of

the canvassing authority shall deliver the tabulation to the

custodian of the local election register unless it is entered

directly in the election register. The custodian shall preserve

the tabulation for the period for preserving the precinct election

records.

(g) On completion of the canvass, the presiding officer of

the canvassing authority shall deliver the precinct returns, tally

lists, and mail voting precinct report used in the canvass to the

general custodian of election records. The custodian shall

preserve them for the period for preserving the precinct election

records.

(h) The presiding officer of the canvassing authority shall

note the completion of the canvass in the minutes or in the

recording required by Section 551.021, Government Code.

Sec. 94.005. DETERMINING OFFICIAL RESULT OF ELECTION NOT

CANVASSED AT STATE LEVEL. (a) Except as provided by Subsection

(b), the official result of an election that is not canvassed at the

state level is determined from the canvass of the precinct returns

conducted by the local canvassing authority.

(b) In an election in which there is more than one local

canvassing authority but no canvass at the state level, the

official result is determined in the manner prescribed by the law

providing for the election.

Sec. 94.006. LOCAL ELECTION REGISTER. (a) An election

register shall be maintained for each local canvassing authority.

(b) For each election, the election register must contain in

tabulated form the information required to appear in the tabulation

of precinct results prepared by the local canvassing authority.

(c) The general custodian of election records for the

elections canvassed by a local canvassing authority is the

custodian of the authority's election register.

(d) On receipt of the local canvassing authority's

tabulation of votes, the custodian shall make the appropriate

entries in the election register.

(e) The election register shall be preserved as a permanent

record.

Sec. 94.007. COUNTY ELECTION RETURNS. (a) For each

election for a statewide, district, county, or precinct office, a

statewide measure, or president and vice-president of the United

States, the county clerk of each county in the territory covered by

the election shall prepare county election returns.

(b) The county election returns shall state, for each

candidate and for and against each measure, the total number of

votes received in the county as stated by the local canvassing

authority's tabulation of votes.

(c) The county clerk shall certify the county returns.

(d) Not later than 24 hours after completion of the local

canvass, the county clerk shall deliver to the secretary of state,

in the manner directed by the secretary, the county returns.

(e) The county clerk shall retain a copy of the county

returns for the period for preserving the precinct election

records.

Sec. 94.008. SEPARATE COUNTY RETURNS FOR GOVERNOR AND

LIEUTENANT GOVERNOR. (a) In addition to the returns required by

Section 94.007, each county clerk shall prepare separate county

election returns of an election for the office of governor or

lieutenant governor that contain the same information as the

returns for those offices prepared under Section 94.007.

(b) The returns shall be delivered to the secretary of state

as provided by Section 94.007.

(c) The secretary of state shall retain the returns until

the first day of the next regular legislative session, when the

secretary shall deliver the returns to the speaker of the house of

representatives.

(d) The county clerk shall retain a copy of the county

returns for the offices of governor and lieutenant governor for the

period for preserving the precinct election records.

Sec. 94.009. FORMS AND INSTRUCTIONS FOR COUNTY RETURNS.

(a) Before each election for which county election returns are

required, the secretary of state shall deliver to each county clerk

in the territory covered by the election two copies of the

officially prescribed form for reporting county election returns.

The secretary shall also deliver two copies of the official form for

the separate returns for the offices of governor and lieutenant

governor, if applicable.

(b) With the delivery of the official county returns forms,

the secretary of state shall deliver written instructions on the

preparation and delivery of the county election returns.

Sec. 94.010. COUNTY RETURNS CANVASSED BY GOVERNOR. (a) The

county election returns for an election for a statewide office

other than governor or lieutenant governor, a statewide measure, a

district office, or president and vice-president of the United

States shall be canvassed by the governor.

(b) When this code refers to the presiding officer of the

final canvassing authority, the secretary of state is considered to

be the presiding officer when the final canvassing authority is the

governor.

(c) The canvass of county returns shall be conducted in

accordance with this chapter except as otherwise provided by this

code.

(d) The presiding officer may make a clerical correction to

the officially canvassed returns based on any authorized amended

county canvass filed with the presiding officer.

Sec. 94.011. COUNTY RETURNS CANVASSED BY LEGISLATURE. (a)

The county election returns for an election for the office of

governor or lieutenant governor shall be canvassed by the

legislature and the official result declared by the speaker of the

house of representatives in accordance with Section 3, Article IV,

Texas Constitution.

(b) If a county's election returns are incomplete or

missing, the legislature may substitute the secretary of state's

tabulation for that county or may obtain the necessary information

from the county. On request of the legislature, the secretary of

state or the county shall promptly transmit the information to the

legislature by the most expeditious means available.

(c) On completion of the canvass, the speaker of the house

of representatives shall deliver the county returns to the

secretary of state, who shall retain them for the period for

preserving the precinct election records.

Sec. 94.012. TIME FOR CANVASS BY GOVERNOR. (a) The

governor shall conduct the state canvass at the time set by the

secretary of state:

(1) not earlier than the 15th or later than the 30th

day after election day; or

(2) for an election described by Section 92.151(b),

not earlier than the 18th or later than the 33rd day after election

day.

(b) The secretary of state shall post, on the secretary of

state's Internet website, a notice of the date, hour, and place of

the canvass at least 72 hours before the canvass is conducted.

Sec. 94.013. PROCEDURE FOR CANVASS BY GOVERNOR. (a) At the

time set for the state canvass, the secretary of state shall deliver

the county returns to the governor.

(b) The secretary of state shall prepare a tabulation

stating for each candidate and for and against each measure

required to be canvassed by the governor:

(1) the total number of votes received in each county;

and

(2) the sum of the county totals tabulated under

Subdivision (1).

(c) At the canvass of an election in which the office of

governor or lieutenant governor is voted on, the secretary of state

shall prepare a separate tabulation on the candidates for governor

and lieutenant governor, indicating for each candidate the

information required by Subsection (b).

(d) The governor shall certify the tabulations.

(e) The secretary of state shall retain the county election

returns used in the canvass and the tabulations for the period for

preserving the precinct election records.

Sec. 94.014. DETERMINING OFFICIAL RESULT OF ELECTION

CANVASSED AT STATE LEVEL. The official result of an election

canvassed by the governor or by the legislature is determined from

the canvass of the county returns conducted by that authority.

Sec. 94.015. STATE ELECTION REGISTER. (a) An election

register shall be maintained for the governor.

(b) Except as provided by Subsection (e), for each election

the election register shall contain in tabulated form the

information required to appear in the tabulations of the county

results prepared by the secretary of state.

(c) The secretary of state is the custodian of the election

register for the governor.

(d) After each canvass conducted by the governor, the

secretary of state shall make the appropriate entries in the

election register.

(e) If a discrepancy exists between the legislature's

canvass of the election for governor or lieutenant governor and the

register entries pertaining to either of those offices that are

made from the secretary of state's tabulation, the secretary shall

make the entries in the register necessary to make it correspond to

the legislature's canvass.

(f) The election register shall be preserved as a permanent

record of the state.

Sec. 94.016. CERTIFICATE OF ELECTION. (a) After the

completion of a canvass, the presiding officer of the local

canvassing authority shall prepare a certificate of election for

each candidate who is elected to an office for which the official

result is determined by that authority's canvass.

(b) The governor shall prepare a certificate of election for

each candidate who is elected to an office for which the official

result is determined by the canvass conducted by the governor.

(c) A certificate of election must contain:

(1) the candidate's name;

(2) the office to which the candidate is elected;

(3) a statement of election to an unexpired term, if

applicable;

(4) the date of the election;

(5) the signature of the officer preparing the

certificate; and

(6) any seal used by the officer preparing the

certificate to authenticate documents that the officer executes or

certifies.

(d) After the canvass of a presidential election, the

secretary of state shall prepare a certificate of election for each

presidential elector candidate who is elected.

(e) The authority preparing a certificate of election shall

promptly deliver it to the person for whom it is prepared, subject

to Section 212.0331.

(f) A certificate of election may not be issued to a person

who has been declared ineligible to be elected to the office.

(g) This section does not apply to the offices of governor

and lieutenant governor.

Sec. 94.017. REPORTING PRECINCT RESULTS TO SECRETARY OF

STATE. (a) After each election for a statewide office or the

office of United States representative, state senator, or state

representative, a district office, a county office, or a precinct

office, the county clerk shall prepare a report of the number of

votes, including votes cast by mail and votes cast during the voting

period, received in each county election precinct for each

candidate for each of those offices. In a presidential election

year, the report must include the number of votes received in each

precinct for each set of candidates for president and

vice-president of the United States.

(b) The county clerk shall deliver the report to the

secretary of state not later than the 30th day after election day in

an electronic format prescribed by the secretary of state.

(c) The report may be:

(1) an electronic copy of the precinct returns;

(2) an electronic copy of the tabulation prepared by

the local canvassing authority; or

(3) in any other electronic form approved by the

secretary of state.

(d) The secretary of state shall preserve a report received

under this section for 10 years unless the secretary prepares a

written tabulation of the information contained in the report

received. In that case, the secretary shall preserve the original

report for 2 years and the tabulation for 10 years after receipt of

the original report.

(e) After the applicable preservation period prescribed by

Subsection (d) expires, the secretary of state shall transfer the

report or tabulation to the state library.

CHAPTER 95. CONDUCT OF TABULATION

SUBCHAPTER A. CONDUCT OF TABULATION

Sec. 95.001. DUTY TO TABULATE GENERALLY. (a) The secretary

of state shall tabulate the unofficial results as provided by this

subchapter in each primary election and general election for state

and county officers on each proposed amendment to the state

constitution and for each contested race for nomination or election

to:

(1) a federal office or statewide office of the state

government;

(2) the office of state senator;

(3) the office of state representative; and

(4) the office of member, State Board of Education.

(b) The secretary may tabulate the unofficial results for

other contested races, political party referenda, and any special

elections ordered by the governor.

Sec. 95.002. ACCESS TO TABULATION SYSTEM. (a) During the

tabulation, the secretary of state shall provide a sufficient

number of display terminals for representatives of the news media

to monitor the tabulation. The secretary shall provide direct

lines between computers for use by the media, if practicable.

(b) The secretary shall charge reasonable fees, which shall

approximate actual costs, to defray the costs of providing the news

media access to the tabulation system.

Sec. 95.003. DISPLAY TERMINALS FOR CERTAIN STATE OFFICERS.

(a) For monitoring the tabulations, the secretary of state shall

provide display terminals without charge to the governor,

lieutenant governor, and speaker of the house of representatives in

their Capitol offices. The secretary shall also provide printers

at those locations if printers are made available at any location.

(b) The officers who are provided terminals or printers

under this section may not provide access to data from those

terminals or printers to members of the working news media.

Sec. 95.004. PERIODIC REPORTS DURING TABULATION. (a)

Periodically during the tabulation, the secretary of state shall

publish reports covering the races being tabulated.

(b) The periodic reports may include:

(1) vote totals for all contested races being

tabulated;

(2) vote totals by county for federal offices and

statewide offices of the state government;

(3) vote totals for federal offices and statewide

offices of the state government in each of the 6 most populous

counties, the total for the next 19 most populous counties, and the

total for the remaining 229 counties; and

(4) any other information the secretary of state

determines to be relevant.

(c) The secretary shall distribute the periodic reports on

publication to the participating news media.

Sec. 95.005. FINAL REPORTS OF TABULATION. (a) After

completion of the tabulation, the secretary of state shall publish

a final report covering the races being tabulated.

(b) The final report may include:

(1) the information described by Section 95.004(b);

(2) vote totals by county for all races being

tabulated; and

(3) vote totals for federal offices and statewide

offices of the state government in a minimum of eight regions

designated by the secretary on the basis of the geographic scope of

the electronic media markets.

(c) The secretary shall distribute a copy of the final

report on publication to the participating news media, governor,

lieutenant governor, speaker of the house of representatives, and

members of the elections advisory committee. A copy of the report

shall also be furnished to other persons on payment of a reasonable

fee prescribed by the secretary to defray the costs of preparing and

furnishing the copy.

Sec. 95.006. REPORT OF RECEIPT OF COUNTY RESULTS. The

secretary of state shall publish a report indicating the times the

first and last reports of results from each county were received by

the secretary.

Sec. 95.007. POSTING REPORTS FOR PUBLIC INSPECTION. (a)

The secretary of state shall post for public inspection, on

publication, one copy of each report published under Section

95.004.

(b) The secretary of state may post for public inspection

any of the reports prepared under this subchapter.

Sec. 95.008. BACKUP SYSTEM. The secretary of state shall

provide a backup system for the tabulation of the results.

Sec. 95.009. OPERATIONS MANUAL. Not later than the 90th day

before the date of each election covered by this subchapter, the

secretary of state shall prepare an operations manual that explains

the procedures to be used by the secretary in tabulating the

results.

Sec. 95.010. DISPOSITION OF FUNDS. Funds collected under

this chapter may be appropriated only to the secretary of state for

the administration of this chapter.

Sec. 95.011. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY

OF STATE. The secretary of state shall prescribe any additional

procedures necessary to implement the tabulation of unofficial

results.

SUBCHAPTER B. DUTIES OF LOCAL ELECTION OFFICIALS FOR CERTAIN RACES

Sec. 95.031. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to each election covered by Subchapter A in addition to and

notwithstanding other provisions of this code.

Sec. 95.032. DELIVERY OF RETURNS AND VOTED BALLOTS. (a) In

precincts using paper ballots, voting machines, or electronic

voting system ballot counters, the copy of the returns required to

be delivered to the county clerk shall be delivered not later than

two hours, or as soon thereafter as practicable, after the closing

of the polls or after the last person voted, whichever is later.

(b) In a precinct using electronic voting system ballots to

be counted at a central counting station, the ballots shall be

delivered to the station not later than two hours, or as soon

thereafter as practicable, after the closing of the polls or after

the last person voted, whichever is later. The copy of the returns

required to be delivered to the county clerk shall be delivered by

the presiding judge of the counting station immediately on

completion of the returns.

Sec. 95.033. COUNTING OF MAIL BALLOTS. The mail ballot

board shall count the mail ballots periodically throughout the day.

Sec. 95.034. TRANSMISSION OF RESULTS TO SECRETARY OF STATE.

(a) The county clerk shall transmit periodically, by telephone or

other electronic means, to the secretary of state the results for

the races being tabulated by the secretary. The results shall be

transmitted continuously until complete.

(b) The county clerk shall transmit the complete or partial

results of the voting by mail and in person for the appropriate

races at 7 p.m. on election day. If only partial results are

available, the results shall be transmitted periodically until

complete.

(c) Costs of transmission of the results may be paid by the

state.

SUBCHAPTER C. ELECTIONS ADVISORY COMMITTEE

Sec. 95.051. MEMBERSHIP. (a) Not later than January 1 of

each even-numbered year, the lieutenant governor, speaker of the

house of representatives, and secretary of state shall each appoint

six persons to serve on an elections advisory committee in

connection with the tabulation and reporting of election results

under this chapter.

(b) Each member of the committee serves a two-year term

beginning on January 1 of even-numbered years.

(c) Appointments to the committee shall be made without

regard to race, creed, sex, religion, and national origin.

(d) Instead of making one of the required appointments, each

appointing officer or the officer's designee may serve on the

committee.

(e) Each appointing officer shall allocate at least four of

the officer's appointments among members of the various media

organizations covering elections in this state.

(f) The following persons or their designees shall also

serve on the committee:

(1) the president of the Texas Association of

Broadcasters;

(2) the president of the Texas Press Association;

(3) the president of the Texas Daily Newspaper

Association; and

(4) the chief state executive officers of the

Associated Press and United Press International.

Sec. 95.052. CHAIR AND MEETINGS. (a) The secretary of

state shall designate a chair and vice chair of the committee from

among the media organization membership.

(b) Meetings of the committee shall be held at the call of

the chair.

Sec. 95.053. REVIEW OF OPERATIONS MANUAL. The committee

shall review the operations manual prepared under Section 95.009

and make any recommendations it considers appropriate.

Sec. 95.054. MEMBERS PRESENT DURING TABULATION. One or

more members chosen by the committee shall be present during the

tabulation of the results at each election.

Sec. 95.055. EVALUATION AND RECOMMENDATIONS REGARDING

TABULATION. The committee shall submit a written report after each

election to the secretary of state, governor, lieutenant governor,

and speaker of the house of representatives evaluating the

tabulation process and making any recommendations it considers

appropriate.

SECTION 1.012. Section 172.128(c), Election Code, is

amended to read as follows:

(c) The county clerk may assign [ combine ] voting precincts

for an election held under this section to voting centers to the

extent necessary to adequately serve the voters.

SECTION 1.013. Section 173.007(c), Election Code, is

amended to read as follows:

(c) Rules adopted under this section do not limit a

political party's authority under this code to assign [ consolidate ]

election precincts to a voting center for a primary election.

ARTICLE 2. CONFORMING AMENDMENTS

SECTION 2.001. Section 201.073(e), Agriculture Code, is

amended to read as follows:

(e) If more than one individual files a notice of candidacy

for a director's office during the period specified by Subsection

(b)(1), the election shall be held at a meeting of eligible voters

scheduled under Subsection (a). The district shall print ballots

with the names of the candidates for each director's office to be

filled. The district by rule shall provide for allowing eligible

voters [ by personal appearance ] to cast votes in person on printed

ballots at a location designated by the district instead of at the

meeting. The rules must provide for votes to be accepted at the

designated location during established business hours for a period

beginning on the 17th day before the date of the meeting and

continuing through the fourth day before the date of the meeting,

including at least one Saturday during that period. If, because of

the date scheduled for the meeting, it is not possible to begin the

[ early ] voting period [ by personal appearance ] on the prescribed

date, the [ early ] voting period shall begin on the earliest

practicable date as set by the district. Each eligible voter

present at the scheduled meeting shall cast a vote by ballots

printed under this subsection. If after tabulation by the district

of the votes cast before the meeting at the designated location and

the votes cast at the meeting no nominee has received a majority of

the votes, the two candidates receiving the largest number of votes

shall be voted on in a second ballot, and the candidate receiving

the largest number of votes among those cast before the meeting at

the designated location and those cast at the meeting in the second

ballot is elected. The district by rule shall provide for

certifying eligible voters voting at the designated location and at

the meeting.

SECTION 2.002. Section 25.087(b-1), Education Code, is

amended to read as follows:

(b-1) A school district may adopt a policy excusing a

student from attending school for service as a student election

[ early voting ] clerk under Section 32.0511, Election Code [ in an

election ].

SECTION 2.003. Section 33.092, Education Code, is amended

to read as follows:

Sec. 33.092. STUDENT ELECTION CLERKS [ AND EARLY VOTING

CLERKS ]. A student who is appointed as a student election clerk

under Section 32.0511, Election Code, [ or as a student early voting

clerk under Section 83.012, Election Code, ] may apply the time

served as a student election clerk [ or student early voting clerk ]

toward:

(1) a requirement for a school project at the

discretion of the teacher who assigned the project; or

(2) a service requirement for participation in an

advanced academic course program at the discretion of the program

sponsor or a school-sponsored extracurricular activity at the

discretion of the school sponsor.

SECTION 2.004. Section 130.253(f), Education Code, is

amended to read as follows:

(f) The governing body of the school district or county, as

applicable, shall procure the election supplies necessary to

conduct the election and shall determine the quantity of the

various types of supplies to be provided for use at each precinct

polling place [ and early voting polling place ].

SECTION 2.005. Section 1.005, Election Code, is amended by

amending Subdivision (4-a) and adding Subdivision (21-a) to read as

follows:

(4-a) "Election official" means:

(A) a county clerk;

(B) a permanent or temporary deputy county clerk;

(C) an elections administrator;

(D) a permanent or temporary employee of an

elections administrator;

(E) an election judge;

(F) an alternate election judge;

(G) [ an early voting clerk;

[ (H) ] a deputy county [ early voting ] clerk;

(H) [ (I) ] an election clerk;

(I) [ (J) ] the presiding judge of a mail [ an early

voting ] ballot board;

(J) [ (K) ] the alternate presiding judge of a mail

[ an early voting ] ballot board;

(K) [ (L) ] a member of a mail [ an early voting ]

ballot board;

(L) [ (M) the chair of a signature verification

committee;

[ (N) the vice chair of a signature verification

committee;

[ (O) a member of a signature verification

committee;

[ (P) ] the presiding judge of a central counting

station;

(M) [ (Q) ] the alternate presiding judge of a

central counting station;

(N) [ (R) ] a central counting station manager;

(O) [ (S) ] a central counting station clerk;

(P) [ (T) ] a tabulation supervisor;

(Q) [ (U) ] an assistant to a tabulation

supervisor; and

(R) [ (V) ] a chair of a county political party

holding a primary election or a runoff primary election.

(21-a) "Voting center" means a polling place created

under Section 42.0052.

SECTION 2.006. Section 1.016(a), Election Code, is amended

to read as follows:

(a) An oath or statement required by the Texas Constitution

or this code prior to an election officer entering service may be

administered and a certificate of the fact given by:

(1) the secretary of state, a member of the secretary

of state's staff, or a state inspector appointed by the secretary;

(2) a county or municipal clerk or the clerk's

deputies;

(3) a county tax assessor-collector or the county tax

assessor-collector's deputies;

(4) a city secretary;

(5) a member of a county election commission or county

election board;

(6) a county elections administrator or employee of a

county elections administrator;

(7) the secretary of the governing body of a political

subdivision other than a county or city or the authority performing

the duties of a secretary under this code;

(8) a presiding election judge or alternate presiding

judge who has already entered service;

(9) [ an early voting clerk or a deputy early voting

clerk who has already entered service;

[ (10) ] a member of a mail [ an early voting ] ballot

board [ or signature verification committee ] who has already entered

service; or

(10) [ (11) ] a presiding judge, manager, or tabulation

supervisor of a central counting station who has already entered

service.

SECTION 2.007. Section 2.025(e), Election Code, is amended

to read as follows:

(e) A date designated by the secretary of state under this

section for a runoff election:

(1) must be:

(A) not earlier than the 30th day after the date

of the main election; and

(B) not later than the 45th day after the date of

the main election; and

(2) may not:

(A) be a national or state holiday under Section

1.006(f); or

(B) have a [ an early ] voting period that includes

a national or state holiday under Section 1.006(f).

SECTION 2.008. Section 2.081(b), Election Code, is amended

to read as follows:

(b) If a measure is declared moot under this section and is

removed from the ballot, the authority holding the election shall

post notice of the declaration during the [ early ] voting period [ by

personal appearance ] and on election day, at each polling place

that would have been used for the election on the measure.

SECTION 2.009. Section 3.006, Election Code, is amended to

read as follows:

Sec. 3.006. CONTENTS OF ELECTION ORDER. In addition to any

other elements required to be included in an election order by other

law, each election order must state :

(1) the date of the election ;

(2) the date the voting period begins;

(3) the regular dates and hours voting will be

conducted on election day and during the voting period; and

(4) the offices or measures to be voted on at the

election.

SECTION 2.010. Sections 4.003(b) and (f), Election Code,

are amended to read as follows:

(b) In addition to any other notice given for an election

under Subsection (a), not later than the 21st day before election

day, a county shall post a copy of a notice of the election given by

the county or provided to the county under Section 4.008(a), which

must include the location of each polling place, on the county's

Internet website, if the county maintains a website. For each

voting center created under Section 42.0052, the notice must

include the location of the voting center and the precincts

assigned to that voting center. An authority responsible for

giving notice of an election may post a copy of the notice on the

bulletin board used for posting notices of the meetings of the

governing body of the political subdivision that the authority

serves. If a county does not maintain a website, the authority

responsible for giving notice of the election shall post a copy of a

notice of the election on the bulletin board used for posting

notices of the meetings of the governing body of the political

subdivision that the authority serves. [ For each precinct that is

combined to form a consolidated precinct under Section 42.008, not

later than the 10th day before election day, the authority shall

also post, at the polling place used in the preceding general

election, notice of the precinct's consolidation and the location

of the polling place in the consolidated precinct. ] A notice

posted under this subsection must remain posted continuously

through election day.

(f) A debt obligation election order required under Section

3.009 shall be posted:

(1) on election day and during the [ early ] voting

period [ by personal appearance ], in a prominent location at each

polling place;

(2) not later than the 21st day before the election, in

three public places in the boundaries of the political subdivision

holding the election; and

(3) during the 21 days before the election, on the

political subdivision's Internet website, prominently and together

with the notice of the election, the contents of the proposition,

and any sample ballot prepared for the election, if the political

subdivision maintains an Internet website.

SECTION 2.011. Sections 4.004(a) and (d), Election Code,

are amended to read as follows:

(a) The notice of a general or special election must state:

(1) the nature and date of the election;

(2) except as provided by Subsection (c), the location

of each polling place;

(3) the dates and hours that the polls will be open ,

including the dates of the voting period ;

(4) the Internet website of the authority conducting

the election; and

(5) any other information required by other law.

(d) If precincts are assigned to a voting center

[ consolidated ] under Section 42.0052 [ 42.008 ], the notice must

state which precincts have been assigned [ combined ] to [ form ] each

voting center [ consolidated precinct ] in addition to the locations

of the voting centers [ polling places in the consolidated

precincts ].

SECTION 2.012. Section 12.004(d), Election Code, is amended

to read as follows:

(d) The [ If early voting by personal appearance is required

to be conducted for extended hours under Section 85.005(c) or for

weekend hours under Section 85.006(e), the ] registrar's office

shall remain open for providing voter registration information

during the days and hours, including [ extended hours or ] weekend

hours , of the [ that the main early voting polling place is open for ]

voting period .

SECTION 2.013. Section 13.002(e), Election Code, is amended

to read as follows:

(e) A person who is certified for participation in the

address confidentiality program administered by the attorney

general under Subchapter B, Chapter 58, Code of Criminal Procedure,

is not eligible to vote [ for early voting ] by mail under Section

71.004 [ 82.007 ] unless the person submits an application under this

section by personal delivery. The secretary of state may adopt

rules to implement this subsection.

SECTION 2.014. Section 13.143(b), Election Code, is amended

to read as follows:

(b) A registration is effective for purposes of [ early ]

voting during the voting period or by mail if it will be effective

on election day.

SECTION 2.015. Section 15.025(b), Election Code, is amended

to read as follows:

(b) A change in registration information covered by this

section is effective for purposes of [ early ] voting during the

voting period or by mail if it will be effective on election day.

SECTION 2.016. Section 16.031(a), Election Code, is amended

to read as follows:

(a) The registrar shall cancel a voter's registration

immediately on receipt of:

(1) notice under Section 13.072(b), 15.021, or

18.0681(d) or a response under Section 15.053 that the voter's

residence is outside the county;

(2) an abstract of the voter's death certificate under

Section 16.001(a) or an abstract of an application indicating that

the voter is deceased under Section 16.001(b);

(3) an abstract of a final judgment of the voter's

total mental incapacity, partial mental incapacity without the

right to vote, conviction of a felony, or disqualification under

Section 16.002, 16.003, or 16.004;

(4) notice under Section 88.111 [ 112.012 ] that the

voter has applied for a limited ballot in another county;

(5) notice from a voter registration official in

another state that the voter has registered to vote outside this

state;

(6) notice from the county [ early voting ] clerk under

Section 74.053 [ 101.053 ] that a federal postcard application

submitted by an applicant states a voting residence address located

outside the registrar's county; or

(7) notice from the secretary of state that the voter

has registered to vote in another county, as determined by the

voter's driver's license number or personal identification card

number issued by the Department of Public Safety or social security

number.

SECTION 2.017. Sections 18.001(a) and (d), Election Code,

are amended to read as follows:

(a) Before the beginning of the [ early ] voting period for

the first election held in a county in each voting year, the

registrar shall prepare for each county election precinct a

certified list of the registered voters in the precinct. The list

must contain the name of each voter whose registration will be

effective on the date of the first election held in the county in

the voting year.

(d) An additional copy of each list shall be furnished for

use in [ early ] voting during the voting period and by mail .

SECTION 2.018. Section 18.002(c), Election Code, is amended

to read as follows:

(c) An additional copy of each list shall be furnished for

use in [ early ] voting during the voting period and by mail and as

needed in order to ensure all voters eligible to vote in an election

appear correctly on the original list.

SECTION 2.019. Section 18.003(c), Election Code, is amended

to read as follows:

(c) An additional copy of each list shall be furnished for

use in [ early ] voting during the voting period and by mail and as

needed in order to ensure all voters eligible to vote in an election

appear correctly on the original list.

SECTION 2.020. Section 18.006, Election Code, is amended to

read as follows:

Sec. 18.006. DELIVERY OF LISTS TO ELECTION AUTHORITIES.

The registrar shall deliver the lists furnished under this

subchapter, including the lists furnished under Section 18.007, to

the appropriate authority as soon as practicable after the request

but in every case in time for receipt before the beginning of

[ early ] voting by mail for the election in which the lists are to be

used. If those lists do not contain the names of all voters who will

be eligible to vote as of the beginning of the [ early ] voting period

[ by personal appearance ], another set of the appropriate lists

shall be delivered before the beginning of the [ early ] voting

period [ by personal appearance ]. If those lists do not contain the

names of all voters whose registrations will be effective on

election day, another set of the appropriate lists shall be

delivered as soon as practicable after the registrar has processed

the remaining applications.

SECTION 2.021. Section 18.069, Election Code, is amended to

read as follows:

Sec. 18.069. VOTING HISTORY. Not later than the 30th day

after the date of the primary, runoff primary, or general election

or any special election ordered by the governor, the general

custodian of election records shall electronically submit to the

secretary of state the record of each voter participating in the

election. The record must include a notation of whether the voter

voted on election day, voted during the voting period [ early by

personal appearance ], voted [ early ] by mail under Chapter 73 [ 86 ],

or voted [ early ] by mail under Subchapter A, Chapter 74 [ 101 ].

SECTION 2.022. Section 19.004(a), Election Code, is amended

to read as follows:

(a) Except as provided by Subsection (d), state funds

disbursed under this chapter may be used only to:

(1) defray expenses of the registrar's office in

connection with voter registration, including additional expenses

related to:

(A) implementation of the National Voter

Registration Act of 1993 (52 U.S.C. Section 20501 et seq.);

(B) complying with weekly updating requirements;

and

(C) the employment of temporary voter

registration personnel for not more than 39 weeks in a state fiscal

year; and

(2) if the registrar's county has a population of less

than 55,000, defray the cost to the registrar's county of keeping

the polling places in the county open during the [ early ] voting

period [ as required under Sections 85.005(c), 85.006(e), and

85.064(d) ].

SECTION 2.023. Sections 31.014(a) and (c), Election Code,

are amended to read as follows:

(a) The secretary of state shall prescribe specific

requirements and standards, consistent with this code, for the

certification of an electronic device used to accept voters under

Chapter 63 that require the device to:

(1) produce an electronic copy of the list of voters

who were accepted to vote for delivery to the election judge after

the polls close;

(2) display the voter's original signature in

accordance with Section 63.002;

(3) accept a voter for voting even when the device is

off-line;

(4) provide the full list of voters registered in the

county with an indication of the jurisdictional or distinguishing

number for each territorial unit in which each voter resides;

(5) time-stamp when each voter is accepted at a

polling place, including the voter's unique identifier; and

(6) [ if the county participates in the countywide

polling place program under Section 43.007 or has more than one

early voting polling place, transmit a time stamp when each voter is

accepted, including the voter's unique identifier, to all polling

place locations;

[ (7) time-stamp the receipt of a transmission under

Subdivision (6); and

[ (8) ] produce in an electronic format compatible with

the statewide voter registration list under Section 18.061 data for

retention and transfer that includes:

(A) the polling location in which the device was

used; and

(B) the dated time stamp under Subdivision (5)[ ;

and

[ (C) the dated time stamp under Subdivision (7) ].

(c) The secretary of state shall adopt rules that require a

device described by this section [ used during the early voting

period or under the countywide polling place program under Section

43.007 ] to update data in real time. If a county uses a device that

does not comply with the rule in two consecutive general elections

for state and county officers, the secretary of state shall assess a

noncompliance fee. The noncompliance fee shall be set at an amount

determined by secretary of state rule.

SECTION 2.024. Section 31.016(b), Election Code, is amended

to read as follows:

(b) The secretary of state shall prescribe procedures

requiring each entity designating the location of a polling place[ ,

including an early voting polling place, ] to submit information on

the location to the secretary of state for inclusion on the

secretary of state's Internet website.

SECTION 2.025. Section 31.017(a), Election Code, is amended

to read as follows:

(a) In a county with a population of more than 4 million, the

secretary of state's office may order administrative oversight of a

county office administering elections or voter registration in the

county if:

(1) an administrative election complaint is filed with

the secretary of state by a person who participated in the relevant

election as:

(A) a candidate;

(B) a county chair or state chair of a political

party;

(C) a presiding judge;

(D) an alternate presiding judge; or

(E) the head of a specific-purpose political

committee that supports or opposes a measure;

(2) the secretary of state has provided notice to the

county election official with authority over election

administration or voter registration under Section 31.018; and

(3) the secretary of state, after conducting an

investigation under Section 31.019, has good cause to believe that

a recurring pattern of problems with election administration or

voter registration exists in the county, including any recurring:

(A) malfunction of voting system equipment that

prevents a voter from casting a vote;

(B) carelessness or official misconduct in the

distribution of election supplies;

(C) errors in the tabulation of results that

would have affected the outcome of an election;

(D) violations of Section 93.053 [ 66.053 ];

(E) discovery of properly executed voted ballots

after the canvass of an election that were not counted; or

(F) failure to conduct maintenance activities on

the lists of registered voters as required under this code.

SECTION 2.026. Section 31.018(c), Election Code, is amended

to read as follows:

(c) If the administrative election complaint filed under

Section 31.017(a)(1) concerns an election for which the voting

period [ by personal appearance ] has begun and the final canvass has

not been completed, the county election official with authority

over election administration or voter registration must provide a

response under Subsection (b) not later than 72 hours after

receiving notice of the complaint under Subsection (a).

SECTION 2.027. Section 31.020(b), Election Code, is amended

to read as follows:

(b) The authority of administrative oversight over a county

granted to the secretary of state under this subchapter must

include:

(1) requiring the approval and review by the secretary

of state of any policies or procedures regarding the administration

of elections issued by the county; and

(2) authorizing all appropriate personnel in the

secretary of state's office to conduct in-person observations of

the county election office's activities, including any activities

related to election preparation, voting by mail, the [ early ] voting

period , election day, and post-election day procedures.

SECTION 2.028. Section 31.097, Election Code, is amended to

read as follows:

Sec. 31.097. [ EARLY ] VOTING BY MAIL . (a) An election

services contract may provide that the county election officer's

deputies may serve as deputy county [ early voting ] clerks even if

the officer is not to serve as the county [ early voting ] clerk with

regard to [ or supervise early ] voting by mail .

(b) If the county election officer is to serve as the county

[ early voting ] clerk or is to provide deputies to serve as deputy

county [ early voting ] clerks, the officer's written order

appointing a permanent or temporary deputy of the officer as a

deputy county [ early voting ] clerk is sufficient, without the

necessity for an appointment by any other authority.

(c) A permanent deputy of the county election officer is not

subject to the eligibility requirements of this subsection. For a

temporary deputy of the officer to be eligible for appointment as a

deputy county [ early voting ] clerk, the deputy must have the

qualifications for appointment as a presiding election judge except

that:

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

voter of any particular territory other than the county served by

the county election officer or the political subdivision in which

the election is held; and

(2) if an employee of the contracting political

subdivision is appointed, the appointee's status as an employee

does not disqualify the appointee from serving in an election in

which an officer of the political subdivision is a candidate.

SECTION 2.029. Section 31.122, Election Code, is amended by

adding Subsection (c) to read as follows:

(c) The county clerk's office shall remain open for voting

activities during the hours the polls are required to be open for

voting on election day.

SECTION 2.030. Section 31.124(a), Election Code, is amended

to read as follows:

(a) A county election officer of each county shall hold a

meeting with the county chair of each political party to discuss, as

appropriate, the following for each primary election or general

election for state and county officers:

(1) [ the lists provided by each political party under

Section 85.009;

[ (2) ] the lists provided by each political party under

Section 92.002(c) [ 87.002(c) ];

(2) [ (3) ] the implementation of Subchapters A, B, C,

and D, Chapter 92 [ 87 ]; and

(3) [ (4) ] holding a joint primary, entering into an

election services contract, and polling place locations.

SECTION 2.031. Section 32.0511(d), Election Code, is

amended to read as follows:

(d) Not more than two student election clerks may serve at a

polling place[ , except that not more than four student election

clerks may serve at any countywide polling place ].

SECTION 2.032. Section 32.054(d), Election Code, is amended

to read as follows:

(d) Notwithstanding Subsection (b), a person employed by a

county solely as a deputy county [ an early voting ] clerk appointed

under Subchapter B-1, Chapter 31, [ 83 ] is not employed by a

candidate for purposes of this section.

SECTION 2.033. Section 32.075(e), Election Code, is amended

to read as follows:

(e) The presiding judge or a special peace officer appointed

under this section may not enforce the prohibition against

electioneering or loitering outside of the area within which

electioneering and loitering are prohibited under Section 61.003

[ or 85.036 ].

SECTION 2.034. Section 32.1111(c), Election Code, is

amended to read as follows:

(c) Completion of the training program under this section is

not a prerequisite to eligibility for service in an election for:

(1) county election officials;

(2) presiding or alternate election judges;

(3) election clerks;

(4) members of the mail [ early voting ] ballot board;

or

(5) [ members of the signature verification committee;

or

[ (6) ] central counting station officers.

SECTION 2.035. Section 32.114(a), Election Code, is amended

to read as follows:

(a) The county clerk shall provide one or more sessions of

training using the standardized training program and materials

developed and provided by the secretary of state under Section

32.111 for the election judges and clerks appointed to serve in

elections ordered by the governor or a county authority. Each

election judge shall complete the training program. The training

program must include specific procedures related to the mail [ early

voting ] ballot board and the central counting station, as

applicable. Each election clerk shall complete the part of the

training program relating to the acceptance and handling of the

identification presented by a voter to an election officer under

Section 63.001.

SECTION 2.036. Section 33.004(b), Election Code, is amended

to read as follows:

(b) To be eligible to participate in the appointment under

this section of a watcher for a precinct polling place, a person

must be a registered voter of the precinct. To be eligible to

participate in the appointment under this section of a watcher for

[ an early voting polling place, ] the meeting place of a mail [ an

early voting ] ballot board[ , ] or a central counting station, a

person must be a registered voter of the territory served by that

facility.

SECTION 2.037. Sections 33.007(a) and (c), Election Code,

are amended to read as follows:

(a) Each appointing authority may appoint not more than two

watchers for each precinct polling place, meeting place for a mail

[ an early voting ] ballot board, or central counting station

involved in the election.

(c) In an election in which the election officers serving at

a precinct polling place also serve as a mail [ an early voting ]

ballot board, a watcher who is appointed for the precinct polling

place may observe the processing of mail [ early voting ] ballots by

the mail [ early voting ] ballot board, or separate watchers may be

appointed to observe only that activity.

SECTION 2.038. Section 33.033(a), Election Code, is amended

to read as follows:

(a) A person is ineligible to serve as a watcher at a

particular location if the person is the employer of or is employed

by or related within the second degree by consanguinity or

affinity, as determined under Chapter 573, Government Code, to an

election judge, an election clerk, a county [ an early voting ]

clerk, or a deputy clerk serving at that location.

SECTION 2.039. Section 33.051(a), Election Code, is amended

to read as follows:

(a) A watcher appointed to serve at a precinct polling

place, a meeting place for a mail [ an early voting ] ballot board, or

a central counting station must deliver the following materials to

the presiding judge at the time the watcher reports for service:

(1) a certificate of appointment; and

(2) a certificate of completion from training

completed by the watcher under Section 33.008.

SECTION 2.040. Section 33.052, Election Code, is amended to

read as follows:

Sec. 33.052. HOURS OF SERVICE AT PRECINCT POLLING PLACE. A

watcher at a precinct polling place may begin service at any time

after the presiding judge arrives at the polling place during the

voting period or on election day and may remain at the polling place

until the presiding judge and the clerks complete their duties

there. A watcher may serve at the polling place during the hours

the watcher chooses, except that if the watcher is present at the

polling place when ballots are counted, the watcher may not leave

until the counting is complete.

SECTION 2.041. Section 33.054, Election Code, is amended to

read as follows:

Sec. 33.054. HOURS OF SERVICE AT MAIL [ EARLY VOTING ] BALLOT

BOARD MEETING [ OR SIGNATURE VERIFICATION COMMITTEE MEETING ]. (a)

A watcher serving at the meeting place of a mail [ an early voting ]

ballot board [ or signature verification committee ] may be present

at any time the board [ or committee ] is processing or counting

ballots and until the board [ or committee ] completes its duties.

The watcher may serve during the hours the watcher chooses, except

as provided by Subsection (b).

(b) A watcher serving at the meeting place of a mail [ an

early voting ] ballot board may not leave during voting hours on

election day without the presiding judge's permission if the board

has recorded any votes cast on voting machines or counted any

ballots, unless the board has completed its duties and has been

dismissed by the presiding judge.

SECTION 2.042. Section 33.060(a), Election Code, is amended

to read as follows:

(a) On request of a watcher, an election officer who

delivers election records from a precinct polling place, [ an early

voting polling place, ] a meeting place for a mail [ an early voting ]

ballot board, or a central counting station shall permit the

watcher appointed to serve at that location to accompany the

officer in making the delivery.

SECTION 2.043. Section 41.032(a), Election Code, is amended

to read as follows:

(a) A voter who has not voted before the time for closing the

polls is entitled to vote after that time if the voter is inside or

waiting to enter the polling place at the time for closing the polls

applicable under Section 41.031 [ 7 p.m ].

SECTION 2.044. Section 42.005(a), Election Code, is amended

to read as follows:

(a) A county election precinct[ , including a consolidated

precinct, ] may not contain territory from more than one of each of

the following types of territorial units:

(1) a commissioners precinct;

(2) a justice precinct;

(3) a congressional district;

(4) a state representative district;

(5) a state senatorial district; or

(6) a State Board of Education district.

SECTION 2.045. Section 42.006(a), Election Code, is amended

to read as follows:

(a) A [ Except as provided by this section and Section

42.0051, a ] county election precinct must contain at least 100 but

not more than 5,000 registered voters.

SECTION 2.046. Section 51.003, Election Code, is amended to

read as follows:

Sec. 51.003. PROCURING AND ALLOCATING SUPPLIES. Except as

otherwise provided by law, the following authority shall procure

the election supplies necessary to conduct an election and shall

determine the quantity of the various types of supplies to be

provided to each precinct polling place [ and early voting polling

place ]:

(1) for an election ordered by the governor or a county

authority, the county clerk, subject to the approval of the county

election board;

(2) for a primary election, the county chair of the

political party holding the primary, subject to the approval of the

party's county executive committee;

(3) for an election ordered by a city authority, the

city secretary; and

(4) for an election ordered by an authority of a

political subdivision other than a county or city, the secretary of

the subdivision's governing body or, if the governing body has no

secretary, the governing body's presiding officer.

SECTION 2.047. Section 51.004(b), Election Code, is amended

to read as follows:

(b) The appropriate supplies shall be distributed to each

presiding election judge not later than one hour before the polls

are required to be open for [ voting and to the early voting clerk

before ] the beginning of the [ early ] voting period .

SECTION 2.048. Section 51.006, Election Code, is amended to

read as follows:

Sec. 51.006. PREPARING BALLOTS FOR DISTRIBUTION. The

authority responsible for distributing election supplies shall

package and seal each set of ballots before their distribution and

shall mark the package with the number of ballots enclosed and the

range of the ballot serial numbers. If the authority is the county

[ early voting ] clerk, the ballots allocated for the [ early ] voting

period need not be packaged and sealed.

SECTION 2.049. Section 51.007(a), Election Code, is amended

to read as follows:

(a) As soon as practicable after the ballots are packaged

for distribution, the authority responsible for distributing

election supplies shall prepare a record of the number of ballots

and the range of serial numbers on the ballots to be distributed to

each presiding judge and the county [ early voting ] clerk.

SECTION 2.050. Section 123.006, Election Code, is amended

to read as follows:

Sec. 123.006. ADOPTION OF VOTING SYSTEM [ FOR EARLY VOTING ].

(a) A voting system may be adopted for use in [ early ] voting by mail

only, regular voting during the voting period and on election day

only, or both.

(b) [ A voting system may be adopted for use in early voting

by personal appearance only, early voting by mail only, or both.

[ (c) ] Only one kind of voting system may be used for [ early ]

voting by mail. A voting system and regular paper ballots may not

both be used in the same election for [ early ] voting by mail.

SECTION 2.051. Section 124.006, Election Code, is amended

to read as follows:

Sec. 124.006. IMPLEMENTATION OF PROVISIONAL BALLOT SYSTEM.

The secretary of state shall prescribe the form of a provisional

ballot and the necessary procedures to implement the casting of a

provisional ballot as described by Section 63.011 and the

verification and processing of provisional ballots under

Subchapter F [ B ], Chapter 92 [ 65 ], for each voting system used in

this state.

SECTION 2.052. Section 125.006(c), Election Code, is

amended to read as follows:

(c) If the presiding judge determines that the equipment

cannot be promptly repaired or replaced and that voting cannot be

continued by using only the remaining operational equipment without

substantially interfering with the orderly conduct of the election,

voting at that polling place may be conducted by one of the

following methods in addition to, or instead of, using remaining

operational equipment:

(1) using another voting system that has been adopted

for use in the election;

(2) using regular paper ballots, whether mail [ early

voting ] ballots or ballots for [ regular ] voting during the voting

period and on election day; or

(3) having voters manually mark the electronic system

ballots that were furnished for use with the malfunctioning

equipment and having the ballots processed as regular paper

ballots.

SECTION 2.053. Section 125.010(b), Election Code, is

amended to read as follows:

(b) On the request of the authority holding the election, a

voting system technician may be present at a polling place, a

meeting of the mail [ early voting ] ballot board, or a central

counting station for the purpose of repairing, assembling,

maintaining, or operating voting system equipment.

SECTION 2.054. Section 127.1232(b), Election Code, is

amended to read as follows:

(b) The general custodian of election records in a county

with a population of 100,000 or more shall implement a video

surveillance system that retains a record of all areas containing

voted ballots:

(1) from the time the voted ballots are delivered to

the central counting station until the canvass of precinct election

returns; and

(2) from the time the voted ballots are delivered to

the mail [ signature verification committee or early voting ] ballot

board until the canvass of precinct election returns.

SECTION 2.055. Section 127.130(c-1), Election Code, is

amended to read as follows:

(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 91.008 [ 65.009 ].

SECTION 2.056. Section 127.131(f), Election Code, is

amended to read as follows:

(f) The presiding judge of the central counting station

shall provide and attest to a written reconciliation of votes and

voters at the close of tabulation for election day and again after

the central counting station meets for the last time to process

late-arriving mail ballots [ by mail ] and provisional ballots. The

secretary of state shall create and promulgate rules and a form to

facilitate compliance with this subsection. The form shall be

posted on a website maintained by the county along with election

returns and results.

SECTION 2.057. Section 128.001(b), Election Code, is

amended to read as follows:

(b) Notwithstanding Chapter 93 [ 66 ], a system under this

section may allow for the storage of processed ballot materials in

an electronic form on the main computer.

SECTION 2.058. Section 129.002(b), Election Code, is

amended to read as follows:

(b) During the [ early ] voting period, the county [ early

voting ] clerk shall conduct a daily audit of the direct recording

electronic voting machines used in the election to ensure proper

correspondence among the numbers of ballots provided on the

machines, names on the poll list, and ballots cast on the machines.

SECTION 2.059. Section 141.063(e), Election Code, is

amended to read as follows:

(e) The signer's residence address and registration address

are not required to be the same if the signer would otherwise be

able to vote for that office under Section 11.004 or 88.102

[ 112.002 ].

SECTION 2.060. Section 145.003(c), Election Code, is

amended to read as follows:

(c) A candidate in an election other than the general

election for state and county officers may be declared ineligible

before the beginning of the [ early ] voting period [ by personal

appearance ] by the authority with whom an application for a place on

the ballot for the office sought by the candidate is required to be

filed.

SECTION 2.061. Section 162.003, Election Code, is amended

to read as follows:

Sec. 162.003. AFFILIATION BY VOTING IN PRIMARY. A person

becomes affiliated with a political party when the person:

(1) is accepted to vote in the party's primary

election; or

(2) returns a mail ballot [ an early voting ] or limited

primary ballot voted by mail.

SECTION 2.062. Section 162.005, Election Code, is amended

to read as follows:

Sec. 162.005. AFFILIATION PROCEDURE: [ EARLY ] VOTING BY

MAIL. Subject to Section 162.004(a-1), the county [ early voting ]

clerk in a general primary election shall provide an affiliation

certificate with each mail ballot [ early voting ] or limited ballot

to be voted by mail. The certificate is not required to be provided

to an applicant for a runoff primary ballot unless the applicant

requests it.

SECTION 2.063. Sections 172.1111(a) and (c), Election Code,

are amended to read as follows:

(a) Before the opening of the polls on the first day of

[ during ] the [ early ] voting period [ and on election day ], the

presiding judge shall post at each outside door through which a

voter may enter the building in which the polling place is located a

written notice in bold print of the date, hour, and place for each

precinct, county, senatorial, or state convention that a voter in

the precinct may be eligible to attend during the election year.

The presiding judge may not remove the notice before the closing of

the polls on election day.

(c) The notice must remain posted continuously through the

[ early ] voting period and on election day.

SECTION 2.064. Section 172.1112(a), Election Code, is

amended to read as follows:

(a) The county clerk shall post a notice of the election and

a notice of voting center locations [ consolidated precincts ], if

applicable, in the manner prescribed by Section 4.003(b) for

general and special elections. The notice of the election shall be

posted on the county's Internet website, if the county maintains a

website. If the county does not maintain a website, the notice

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

meetings of the commissioners court.

SECTION 2.065. Section 172.1113, Election Code, is amended

to read as follows:

Sec. 172.1113. COUNTY CHAIR PERMITTED IN POLLING PLACE.

[ (a) In this section, "voting period" means the period beginning

when the polls open for voting and ending when the polls close or

the last voter has voted, whichever is later.

[ (b) ] The county chair of a political party conducting a

primary election may be in a polling place while the polls are open

for voting [ during the voting period ] as necessary to perform

administrative functions related to the conduct of the election.

SECTION 2.066. Section 172.1114(e), Election Code, is

amended to read as follows:

(e) A county chair of a political party shall supply or

contract with the authority to supply a notice prepared according

to this section to the authority conducting the election not later

than the 30th day before the date the [ early ] voting period [ by

personal appearance ] begins. The authority's preparation of copies

is a necessary expense incurred in connection with a primary

election under Section 173.001.

SECTION 2.067. Section 172.1141(b), Election Code, is

amended to read as follows:

(b) If a county records the acceptance of a voter

electronically, the state chair or county chair may request and the

county clerk shall provide not later than the date of the local

general primary canvass an electronic document listing the persons

who voted in the party primary, the unique identifier assigned to

each person, and whether the person voted by mail, during the voting

period [ early in person or by mail ], or [ voted in person ] on

election day.

SECTION 2.068. Sections 172.124(a) and (c), Election Code,

are amended to read as follows:

(a) For each primary election, the county clerk shall

prepare a report of the number of votes, including [ early voting ]

votes cast by mail and during the voting period , received in each

county election precinct by each candidate for an office, other

than a party office, as provided by Section 94.017 [ 67.017 ] for the

report of precinct results for a general election.

(c) Except as otherwise provided by this section, the report

is subject to the requirements prescribed by Section 94.017

[ 67.017 ] for the report prepared for a general election.

SECTION 2.069. Sections 172.126(b) and (c), Election Code,

are amended to read as follows:

(b) The county clerk shall determine whether to assign

[ consolidate ] election precincts to a voting center under Section

42.0052 [ 42.009 ] and shall designate the location of the voting

center [ polling place in a consolidated precinct ]. To the extent

possible, a polling place shall be designated that will accommodate

the precinct conventions of each political party. If a polling

place or voting center [ , whether for a regular or consolidated

precinct, ] is not suitable for more than one precinct convention,

the polling place may be used by the party whose candidate for

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

gubernatorial general election.

(c) One set of election officers shall conduct the primary

elections at each polling place. Not later than the second Monday

in December preceding the primary elections, each county chair

shall deliver to the county clerk a list of the names of the

election judges and clerks for that party. The presiding judge of

each party, or alternate judge if applicable, serves as a co-judge

for the precinct. If an eligible presiding co-judge and alternate

co-judge cannot be found to serve for a particular party in a

precinct, a joint primary may not be conducted in that precinct, and

that precinct must be assigned to a voting center [ consolidated

with another precinct ] that has an eligible presiding co-judge and

alternate co-judge to serve for each party. The county clerk shall

appoint the election clerks in accordance with rules prescribed by

the secretary of state. The secretary of state shall prescribe the

maximum number of clerks that may be appointed for each precinct.

The mail [ early voting ] ballot board and any central counting

station shall also be composed of and administered by one set of

election officers that provides representation for each party, and

the secretary of state by rule shall prescribe procedures

consistent with this subsection for the appointment of those

officers.

SECTION 2.070. Section 173.003, Election Code, is amended

to read as follows:

Sec. 173.003. EXPENSES INCURRED BY COUNTY. Except as

otherwise provided by law, the county shall pay all the expenses

incurred in connection with [ early ] voting by mail or during the

voting period in a primary election, except expenses relating to

the printing of mail [ early voting ] ballots, and any other expenses

incurred by a county authority in connection with a primary

election.

SECTION 2.071. Section 173.081(f), Election Code, is

amended to read as follows:

(f) A statement submitted by a county chair must also

include a notice of the county election precincts to be assigned to

a voting center [ consolidated ] for the election, if any.

SECTION 2.072. Section 212.134, Election Code, is amended

to read as follows:

Sec. 212.134. MAIL [ EARLY VOTING ] VOTES TREATED AS

PRECINCT. For [ (a) Except as provided by Subsection (b), for ] the

purpose of specifying which election precincts are to be included

in a recount, all the mail [ early voting ] votes canvassed by a local

canvassing authority shall be treated as constituting one election

precinct.

[ (b) Each early voting polling place in which voting

machines were used shall be treated as constituting one election

precinct. ]

SECTION 2.073. Section 213.003(a), Election Code, is

amended to read as follows:

(a) Except as provided by Subsections (b) and (c), to be

eligible for appointment as a member of a recount committee, a

person must be a qualified voter of the political subdivision

served by the recount supervisor and must otherwise meet the

eligibility requirements prescribed by this code for precinct

election judges and clerks. A person who served as an election

judge or as judge of the mail [ early voting ] ballot board in the

election is ineligible to serve as a member of the recount

committee. An officer of a political party is eligible to serve as

a member of the committee.

SECTION 2.074. Section 213.006(c), Election Code, is

amended to read as follows:

(c) Mail [ Early voting ] ballots rejected by the mail [ early

voting ] ballot board may not be counted in the recount.

SECTION 2.075. Section 221.018(a), Election Code, is

amended to read as follows:

(a) Notwithstanding Section 72.0021(b) [ 84.0021(b) ], the

tribunal hearing an election contest may examine the information

contained in an application under Section 72.0021(b) [ 84.0021 ]

relating to the address at which the applicant is registered to

vote.

SECTION 2.076. Section 231.007(c), Election Code, is

amended to read as follows:

(c) The district court may set the election for a date that

shortens the regular period for [ early ] voting by mail , but the date

must make it possible for the [ early ] voting period [ by personal

appearance ] to begin on the date described by Section 41.010 [ not

later than the 10th day before election day. In the order setting

the date for the election, the court shall also set the date for

beginning early voting by personal appearance if it is not possible

to begin on the regular day ].

SECTION 2.077. Section 232.013(b), Election Code, is

amended to read as follows:

(b) The date set for the runoff may not provide a longer

interval between the court order and the runoff than is required or

authorized by law between the main election and a regularly

scheduled runoff. The date may provide a shorter interval, but the

interval must make it possible for the [ early ] voting period [ by

personal appearance ] to begin on the date described by Section

41.010 [ not later than the 10th day before election day ].

SECTION 2.078. Section 232.048(b), Election Code, is

amended to read as follows:

(b) Sections 232.013(b)[ , (c), ] and (d) apply to an election

ordered under Subsection (a) of this section.

SECTION 2.079. Section 247.001, Election Code, is amended

to read as follows:

Sec. 247.001. PETITION ALLEGING FRAUD. This chapter

applies to a civil suit in which a candidate in an election alleges

in the petition that an opposing candidate, an agent of the opposing

candidate, or a person acting on behalf of the opposing candidate

with the candidate's knowledge violated any of the following

sections of this code:

(1) Section 13.007;

(2) Section 64.012;

(3) Section 64.036;

(4) Section 72.003 [ 84.003 ];

(5) Section 72.0041 [ 84.0041 ];

(6) Section 73.0051 [ 86.0051 ];

(7) Section 73.006 [ 86.006 ];

(8) Section 73.010 [ 86.010 ];

(9) Section 276.013; and

(10) Section 276.015.

SECTION 2.080. Section 271.006, Election Code, is amended

to read as follows:

Sec. 271.006. [ EARLY ] VOTING BY MAIL . (a) The governing

bodies of the political subdivisions participating in a joint

election shall decide whether to conduct their [ early ] voting by

mail jointly. The governing bodies that decide to conduct joint

[ early ] voting by mail shall appoint one of their county [ early

voting ] clerks to perform the functions of a county [ as the early

voting ] clerk for the joint [ early ] voting.

(b) [ The joint early voting shall be conducted at the early

voting polling place or places at which and during the hours,

including any extended or weekend hours, that the early voting

clerk regularly conducts early voting for the clerk's political

subdivision.

[ (c) ] The regular county [ early voting ] clerk for each

political subdivision participating in the joint [ early ] voting by

mail shall receive applications [ for early voting ballots ] to vote

[ be voted ] by mail in accordance with Subtitle B, Title 6 [ 7 ]. The

remaining procedures for conducting the political subdivision's

[ early ] voting by mail shall be completed by the regular county

[ early voting ] clerk or by the county [ early voting ] clerk for the

joint [ early ] voting, at the discretion of the governing body of

each political subdivision participating in the joint [ early ]

voting.

(c) [ (d) ] If a governing body decides not to participate in

the joint [ early ] voting by mail , the [ early ] voting by mail for

that political subdivision shall be conducted in accordance with

Subtitle B, Title 6 [ 7, except that the early voting may be

conducted at common polling places ].

SECTION 2.081. Section 271.0071, Election Code, is amended

to read as follows:

Sec. 271.0071. MULTIPLE METHODS OF VOTING ALLOWED. The

restrictions on multiple methods of voting at the same polling

place or [ in early voting ] prescribed by Sections 123.005-123.007

do not apply to a joint election as if the joint election were a

single election but rather apply independently to the election of

each participating political subdivision in the joint election.

SECTION 2.082. Section 272.004, Election Code, is amended

to read as follows:

Sec. 272.004. USE OF BILINGUAL MATERIALS FOR [ EARLY ] VOTING

BY MAIL . Bilingual election materials shall be used for [ early ]

voting by mail in each election in which bilingual election

materials are used.

SECTION 2.083. Section 272.005(c), Election Code, is

amended to read as follows:

(c) Except as provided by Section 272.006, the following

materials must contain a Spanish translation beneath the English

text:

(1) the official affidavit forms and other official

forms that voters are required to sign in connection with voting;

(2) the official application forms to vote by mail

[ for early voting ballots ];

(3) written instructions furnished to [ early voting ]

voters voting by mail ; and

(4) the balloting materials furnished to voters in

connection with mail ballots [ early voting by mail ].

SECTION 2.084. Sections 272.006(b) and (c), Election Code,

are amended to read as follows:

(b) If a separate translation of the ballot is made under

Subsection (a), the translation must be furnished to each voter to

whom a mail [ an early voting ] ballot [ to be voted by mail ] is

provided.

(c) An item specified by Section 272.005(c) is not required

to contain a Spanish translation if:

(1) for an item used in connection with voting at a

polling place:

(A) a separate translation of the item is made

available to the voter on request; and

(B) the item contains a statement in Spanish

informing the voter of the availability of the translation; or

(2) for an item used in connection with [ early ] voting

by mail, a separate translation of the item is furnished with the

item to the voter.

SECTION 2.085. Section 272.011(b), Election Code, is

amended to read as follows:

(b) The secretary of state shall prepare the translation for

election materials required to be provided in a language other than

English or Spanish for the following state prescribed voter forms:

(1) voter registration application form required by

Section 13.002;

(2) the confirmation form required by Section 15.051;

(3) the voting instruction poster required by Section

62.011;

(4) the reasonable impediment declaration required by

Section 63.001(b);

(5) the statement of residence form required by

Section 63.0011;

(6) the provisional ballot affidavit required by

Section 63.011;

(7) the application to vote [ for a ballot ] by mail

required by Section 72.010 [ 84.011 ];

(8) the carrier envelope and voting instructions

required by Section 73.013 [ 86.013 ]; and

(9) any other voter forms that the secretary of state

identifies as frequently used and for which state resources are

otherwise available.

SECTION 2.086. Sections 276.004(a) and (b), Election Code,

are amended to read as follows:

(a) A person commits an offense if, with respect to another

person over whom the person has authority in the scope of

employment, the person knowingly:

(1) refuses to permit the other person to be absent

from work on election day or during the [ while early ] voting period

[ is in progress ] for the purpose of attending the polls to vote; or

(2) subjects or threatens to subject the other person

to a penalty for attending the polls on election day or during the

[ while early ] voting period [ is in progress ] to vote.

(b) It is an exception to the application of this section

that the person's conduct occurs in connection with an election in

which the polls are open on election day or during the [ while early ]

voting period [ is in progress ] for voting for two consecutive hours

outside of the voter's working hours.

SECTION 2.087. Section 276.010(a), Election Code, is

amended to read as follows:

(a) A person commits an offense if the person buys, offers

to buy, sells, or offers to sell an official ballot, official ballot

envelope, official carrier envelope, signed application to vote by

[ for an early voting ] mail [ ballot ], or any other original election

record.

SECTION 2.088. Section 276.013(a), Election Code, is

amended to read as follows:

(a) A person commits an offense if the person knowingly or

intentionally makes any effort to:

(1) influence the independent exercise of the vote of

another in the presence of the ballot or during the voting process,

including by altering the ballot of another or by otherwise causing

a ballot to not reflect the intent of the voter;

(2) cause a voter to become registered, a ballot to be

obtained, or a vote to be cast under false pretenses;

(3) cause any false or intentionally misleading

statement, representation, or information to be provided:

(A) to an election official; or

(B) on an application to vote [ for ballot ] by

mail, carrier envelope, or any other official election-related form

or document;

(4) prevent a voter from casting a legal ballot in an

election in which the voter is eligible to vote;

(5) provide false information to a voter with the

intent of preventing the voter from voting in an election in which

the voter is eligible to vote;

(6) cause the ballot not to reflect the intent of the

voter;

(7) cause a ballot to be voted for another person that

the person knows to be deceased or otherwise knows not to be a

qualified or registered voter;

(8) cause or enable a vote to be cast more than once in

the same election; or

(9) discard or destroy a voter's completed ballot

without the voter's consent.

SECTION 2.089. Section 276.015(a)(2), Election Code, is

amended to read as follows:

(2) "Vote harvesting services" means in-person

interaction with one or more voters, in the physical presence of an

official ballot or a mail ballot [ voted by mail ], intended to

deliver votes for a specific candidate or measure.

SECTION 2.090. Section 276.015(e), Election Code, is

amended to read as follows:

(e) This section does not apply to:

(1) an activity not performed in exchange for

compensation or a benefit;

(2) interactions that do not occur in the presence of

the ballot or during the voting process;

(3) interactions that do not directly involve an

official ballot or mail ballot [ by mail ];

(4) interactions that are not conducted in-person with

a voter; or

(5) activity that is not designed to deliver votes for

or against a specific candidate or measure.

SECTION 2.091. Section 276.016(d), Election Code, is

amended to read as follows:

(d) Subsection (a)(4) does not apply if the public official

or election official engaged in the conduct described by Subsection

(a)(4) while lawfully assisting the applicant under Section 72.003

[ 84.003 ].

SECTION 2.092. The heading to Section 276.017, Election

Code, is amended to read as follows:

Sec. 276.017. UNLAWFUL DISTRIBUTION OF MAIL [ EARLY VOTING ]

BALLOTS AND BALLOTING MATERIALS.

SECTION 2.093. Section 276.017(a), Election Code, is

amended to read as follows:

(a) The county [ early voting ] clerk or other election

official commits an offense if the clerk or official knowingly

mails or otherwise provides a mail [ an early voting ] ballot [ by

mail ] or other [ early voting by ] mail ballot materials to a person

who the clerk or official knows did not submit an application [ for a

ballot ] to vote [ be voted ] by mail under Section 72.001 [ 84.001 ].

SECTION 2.094. Section 277.002(f), Election Code, is

amended to read as follows:

(f) The signer's residence address and the address listed on

the signer's registration are not required to be the same if the

signer is eligible to vote under Section 11.004 or 88.102

[ 112.002 ].

SECTION 2.095. Section 42.154(a), Local Government Code, is

amended to read as follows:

(a) The governing body of a municipality shall canvass the

election returns for an election held under this subchapter in

accordance with Chapter 94 [ 67 ], Election Code.

SECTION 2.096. Section 46.03(a), Penal Code, is amended to

read as follows:

(a) A person commits an offense if the person intentionally,

knowingly, or recklessly possesses or goes with a firearm,

location-restricted knife, club, or prohibited weapon listed in

Section 46.05(a):

(1) on the premises of a school or postsecondary

educational institution, on any grounds or building owned by and

under the control of a school or postsecondary educational

institution and on which an activity sponsored by the school or

institution is being conducted, or in a passenger transportation

vehicle of a school or postsecondary educational institution,

whether the school or postsecondary educational institution is

public or private, unless:

(A) pursuant to written regulations or written

authorization of the school or institution; or

(B) the person possesses or goes with a concealed

handgun that the person is licensed to carry under Subchapter H,

Chapter 411, Government Code, and no other weapon to which this

section applies, on the premises of a postsecondary educational

institution, on any grounds or building owned by and under the

control of the institution and on which an activity sponsored by the

institution is being conducted, or in a passenger transportation

vehicle of the institution;

(2) on the premises of a polling place or election

office on the day of an election , during the voting period, or while

activities related to [ early ] voting are [ is ] in progress;

(3) on the premises of any government court or offices

utilized by the court, unless pursuant to written regulations or

written authorization of the court;

(4) on the premises of a racetrack;

(5) in or into a secured area of an airport;

(6) within 1,000 feet of premises the location of

which is designated by the Texas Department of Criminal Justice as a

place of execution under Article 43.19, Code of Criminal Procedure,

on a day that a sentence of death is set to be imposed on the

designated premises and the person received notice that:

(A) going within 1,000 feet of the premises with

a weapon listed under this subsection was prohibited; or

(B) possessing a weapon listed under this

subsection within 1,000 feet of the premises was prohibited;

(7) on the premises of a business that has a permit or

license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic

Beverage Code, if the business derives 51 percent or more of its

income from the sale or service of alcoholic beverages for

on-premises consumption, as determined by the Texas Alcoholic

Beverage Commission under Section 104.06, Alcoholic Beverage Code;

(8) on the premises where a high school, collegiate,

or professional sporting event or interscholastic event is taking

place, unless the person is a participant in the event and a

firearm, location-restricted knife, club, or prohibited weapon

listed in Section 46.05(a) is used in the event;

(9) on the premises of a correctional facility;

(10) on the premises of a civil commitment facility;

(11) on the premises of a hospital licensed under

Chapter 241, Health and Safety Code, or on the premises of a nursing

facility licensed under Chapter 242, Health and Safety Code, unless

the person has written authorization of the hospital or nursing

facility administration, as appropriate;

(12) on the premises of a mental hospital, as defined

by Section 571.003, Health and Safety Code, unless the person has

written authorization of the mental hospital administration;

(13) in an amusement park; or

(14) in the room or rooms where a meeting of a

governmental entity is held, if the meeting is an open meeting

subject to Chapter 551, Government Code, and if the entity provided

notice as required by that chapter.

SECTION 2.097. Section 26.087(d), Water Code, is amended to

read as follows:

(d) Voting by mail [ Absentee balloting ] in the election

shall begin 10 days before the election and shall end as provided in

the Texas Election Code. The ballots for the election shall be

printed to provide for voting for or against the regional or

area-wide system to be operated by the designated regional entity.

SECTION 2.098. Section 49.103(h), Water Code, is amended to

read as follows:

(h) If authorized by the board in the proceedings calling a

director election, the secretary of the board or the secretary's

designee, on receipt of the certification required by Section

2.052(b), Election Code, shall post notice that the election is not

to be held. The notice must be posted, on or before the

commencement of the [ early ] voting period , at each polling place

that would have been used in the election. If the notice is timely

posted:

(1) the board or the board's designee is not required

to:

(A) post or publish notice of the election;

(B) prepare or print ballots and election

materials; or

(C) hold early and regular voting; and

(2) the board shall meet at the earliest practicable

time to declare each unopposed candidate elected to office.

SECTION 2.099. Section 49.108(g), Water Code, is amended to

read as follows:

(g) On or before the first day of the [ for early ] voting

period [ by personal appearance ] at an election held to authorize a

contract, a substantially final form of the contract must be filed

in the office of the district and must be open to inspection by the

public. The contract is not required to be attached as an exhibit

to the order calling the election to authorize the contract.

SECTION 2.100. Section 49.111(b), Water Code, is amended to

read as follows:

(b) A district eligible for the exemption under Subsection

(a) must publish notice in a newspaper of general circulation in an

area that includes the district or mail notice to each voter in the

district regarding the district's intention to hold an election

without providing a voting station that meets the requirements for

accessibility under 52 [ 42 ] U.S.C. Section 21081(a)(3)

[ 15481(a)(3) ] on election day and during the voting period [ for

early voting by personal appearance ]. The notice must be published

or mailed not later than the later of:

(1) the 75th day before the date of the election; or

(2) the date on which the district adopts the order

calling the election.

SECTION 2.101. Section 49.112, Water Code, is amended to

read as follows:

Sec. 49.112. CANCELLATION OF ELECTION; REMOVAL OF BALLOT

MEASURE. Before the first day of the [ early ] voting period [ by

personal appearance ], the board by order or resolution may cancel

an election called at the discretion of the district or may remove

from the ballot a measure included at the discretion of the

district. A copy of the order or resolution must be posted during

the voting period [ for early voting by personal appearance ] and on

election day at each polling place that is used or that would have

been used in the election.

SECTION 2.102. Section 49.4645(b), Water Code, is amended

to read as follows:

(b) On or before the 10th day before the first day of the

[ for early ] voting period [ by personal appearance ] at an election

held to authorize the issuance of bonds for the development and

maintenance of recreational facilities, the board shall file in the

district office for review by the public a park plan covering the

land, improvements, facilities, and equipment to be purchased or

constructed and their estimated cost, together with maps, plats,

drawings, and data fully showing and explaining the park plan. The

park plan is not part of the proposition to be voted on, does not

create a contract with the voters, and may be amended at any time

after the election held to authorize the issuance of bonds for the

development and maintenance of recreational facilities provided

under the plan. The estimated cost stated in the amended park plan

may not exceed the amount of bonds authorized at that election.

SECTION 2.103. Sections 63.0895(c), (h), (i), and (r),

Water Code, are amended to read as follows:

(c) The commission shall give notice of the commissioners'

election in the manner provided by Section 63.093(a) of this code.

The notice must state the official mailing address to which voters

of the district may mail applications [ for absentee ballots ] to

vote [ be voted ] by mail. The notice shall be published once a week

for two consecutive weeks in a newspaper published in the district

or, if a newspaper is not published in the district, in a newspaper

of general circulation in the district. The first publication

shall be made not later than the 65th day nor earlier than the 70th

day before election day.

(h) The county election officer performs [ is ] the functions

of a county [ absentee voting ] clerk with regard to voting by mail

for the commissioners' election.

(i) An election officer, including a member of the mail

[ absentee ] ballot board, appointed to serve in the general election

for state and county officers shall serve in the same office in the

commissioners' election. A person who is eligible to serve as an

election officer in the general election for state and county

officers is eligible to serve in the same office in the

commissioners' election.

(r) The county election officer and election officers,

including members of the mail [ absentee ] ballot board, appointed to

serve in the general election for state and county officers, are

entitled to additional compensation for serving in the

commissioners' election only if additional compensation is

provided by the commission.

ARTICLE 3. REPEALER

SECTION 3.001. The following provisions of the Election

Code are repealed:

(1) Section 4.003(e);

(2) Section 32.002(c-1);

(3) Section 32.112;

(4) Section 32.114(e);

(5) Section 33.0016;

(6) Section 33.007(b);

(7) Sections 33.051(a-1) and (d);

(8) Section 33.053;

(9) Section 42.0051;

(10) Section 42.008;

(11) Section 42.009;

(12) Section 43.004(c);

(13) Section 43.007;

(14) Chapters 65, 66, 67, and 68;

(15) Title 7;

(16) Section 129.057; and

(17) Section 232.013(c).

ARTICLE 4. TRANSITION AND EFFECTIVE DATE

SECTION 4.001. The changes in law made by this Act apply

only to an election ordered on or after the effective date of this

Act. An election ordered before the effective date of this Act is

governed by the law in effect when the election was ordered.

SECTION 4.002. This Act takes effect immediately if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for immediate

effect, this Act takes effect September 1, 2025.