ELECTION CODE
CHAPTER 62. PRELIMINARY ARRANGEMENTS
§ 62.001. OFFICERS TO ASSEMBLE. (a) 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2001, 77th Leg., ch. 802, § 2, eff. Sept. 1, 2001.
§ 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 62.003. OATH OF ELECTION OFFICERS. (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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 62.005. EXAMINING BALLOT BOXES. An election officer
shall open and examine the ballot boxes and remove any contents from
the boxes.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1078, § 4, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1315, § 21, eff. Jan. 1, 2004.
§ 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 62.0081. PRESIDING JUDGE TO PREPARE BALLOT
STUBS. (a) The presiding judge shall enter on each ballot stub to
be used at the polling place the same number that appears on the
corresponding ballot, the designation of the nature of the
election, and the date of the election.
(b) The preparation of ballot stubs need not be completed
before the polls open, but an unprepared stub may not be made
available for selection by the voters.
(c) The presiding judge shall clip the ballot stub and
envelope for its enclosure to the corresponding ballot.
Added by Acts 1997, 75th Leg., ch. 1078, § 5, eff. Sept. 1, 1997.
§ 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1078, § 6, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1315, § 22, eff. Jan. 1, 2004.
§ 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."
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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 straight-party vote;
(4) casting a provisional ballot;
(5) until the expiration of Section 13.122(d), voting
for the first time by a person who registered by mail; and
(6) 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2003, 78th Leg., ch. 1315, § 23, eff. Jan. 1, 2004.
§ 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2003, 78th Leg., ch. 1315, § 24, eff. Jan. 1, 2004.
§ 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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.
(b) An election officer shall enter "early voting voter"
beside the name of each person on the list of registered voters
whose name appears on the precinct early voting list furnished by
the early voting clerk.
(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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.49; Acts 1991, 72nd Leg., ch.
554, § 20, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1349,
§ 26, eff. Sept. 1, 1997.
§ 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 5(a), eff. Sept. 1, 1987.
