ELECTION CODE
CHAPTER 83. OFFICER CONDUCTING EARLY VOTING
SUBCHAPTER A. EARLY VOTING CLERK
§ 83.001. EARLY VOTING CLERK GENERALLY. (a) The early
voting clerk shall conduct the early voting in each election.
(b) The clerk is an officer of the election in which the
clerk serves.
(c) The clerk has the same duties and authority with respect
to early voting as a presiding election judge has with respect to
regular voting, except as otherwise provided by this title.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 83.002. COUNTY CLERK AS EARLY VOTING CLERK. The
county clerk is the early voting clerk for the county in:
(1) the general election for state and county officers
and any other countywide election held at county expense;
(2) a primary election; and
(3) a special election ordered by the governor.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 83.003. CLERK FOR LESS-THAN-COUNTYWIDE ELECTIONS HELD
AT COUNTY EXPENSE. (a) In a less-than-countywide election
ordered by the commissioners court, county judge, county board of
school trustees, or any other county authority and held at county
expense, the county clerk is the early voting clerk unless the
authority appoints a person other than the county clerk.
(b) To be eligible for appointment as early voting clerk
under this section, 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 county and is not
required to be a qualified voter of any other particular territory.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 83.004. CLERK FOR ELECTIONS ORDERED BY COUNTY
AUTHORITY NOT HELD AT COUNTY EXPENSE. (a) In an election ordered
by the commissioners court, county judge, county board of school
trustees, or any other county authority and not held at county
expense, the authority ordering the election shall appoint the
early voting clerk.
(b) If the county clerk is appointed as early voting clerk
under this section, the county clerk shall serve in that capacity,
and the authority responsible for paying the expenses of the
election shall reimburse the county for the time spent by the county
clerk as the early voting clerk and by the county clerk's deputies
as deputy early voting clerks.
(c) To be eligible for appointment as early voting clerk
under this section, a person other than the county clerk must meet
the requirements for eligibility for service as a presiding
election judge, except that the appointee must be a qualified voter
of the county and is not required to be a qualified voter of any
other particular territory.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 83.005. CLERK FOR CITY ELECTIONS. The city secretary
is the early voting clerk for an election ordered by an authority of
a city.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 83.006. CLERK FOR ELECTIONS OF OTHER POLITICAL
SUBDIVISIONS. (a) In an election ordered by an authority of a
political subdivision other than a county or city, the authority
ordering the election shall appoint the early voting clerk.
(b) To be eligible for appointment as early voting clerk
under this section, a person must meet the requirements for
eligibility for service as a presiding election judge, except that:
(1) an appointee must be a qualified voter of the
political subdivision and is not required to be a qualified voter of
any other particular territory;
(2) in an election in which an officer of the political
subdivision is a candidate, an appointee's status as an employee of
the political subdivision does not make the appointee ineligible
for appointment as the clerk; and
(3) an appointee who is a permanent employee of the
political subdivision and a qualified voter of any territory is not
required to be a qualified voter of the political subdivision.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 1316,
§ 18, eff. Sept. 1, 2003.
§ 83.007. CLERK FOR OTHER ELECTIONS. (a) In an
election for which this code does not provide for an early voting
clerk, the authority ordering the election shall appoint the early
voting clerk.
(b) To be eligible for appointment as early voting clerk
under this section, a person must meet the requirements for
eligibility for service as a presiding election judge, except that:
(1) an appointee must be a qualified voter of the
territory covered by the election and is not required to be a
qualified voter of any other particular territory; and
(2) an appointee who is a permanent employee of the
authority ordering the election and a qualified voter of any
territory is not required to be a qualified voter of the territory
covered by the election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 1316,
§ 19, eff. Sept. 1, 2003.
§ 83.008. ADDITIONAL CLERKS FOR CERTAIN
ELECTIONS. (a) In an election on the creation, organization,
functioning, or existence of one or more political subdivisions
that affects more than one political subdivision, more than one
early voting clerk may be appointed.
(b) An area within the territory covered by the election may
not be served by more than one clerk.
(c) Each clerk shall serve the one or more political
subdivisions designated by the authority appointing the clerk.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 83.009. EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS
CLERK. An employee of a political subdivision may serve as early
voting clerk in an election affecting the political subdivision if
the political subdivision's governing body approves the
appointment.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 83.010. PUBLIC NOTICE OF CLERK'S MAILING ADDRESS. An
election order and the election notice must state the early voting
clerk's official mailing address, except for an election in which a
county clerk or city secretary is the early voting clerk under
Section 83.002 or 83.005.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 83.011. OFFICE HOURS ON ELECTION DAY. The early
voting clerk's office shall remain open for early voting activities
during the hours the polls are required to be open for voting on
election day.
Added by Acts 1991, 72nd Leg., ch. 203, § 1.03.
SUBCHAPTER B. DEPUTY CLERK
§ 83.031. DEPUTY EARLY VOTING CLERK
GENERALLY. (a) Deputy early voting clerks may be appointed as
provided by this subchapter to assist the early voting clerk.
(b) A deputy is an officer of the election in which the
deputy serves.
(c) A deputy early voting clerk has the same authority as
the early voting clerk in conducting early voting, subject to the
early voting clerk's supervision.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 83.032. DEPUTY FOR COUNTY CLERK OR CITY
SECRETARY. (a) In an election in which a county clerk or a city
secretary is the early voting clerk, the county clerk or city
secretary by written order may appoint one or more of that officer's
permanent deputies as deputy early voting clerks. The clerk or
secretary may appoint temporary deputies to serve as deputy early
voting clerks 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 early voting 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 early voting 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 early
voting 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 1316,
§ 20, eff. Sept. 1, 2003.
§ 83.033. DEPUTY FOR OTHER CLERKS. (a) In an election
in which a person other than a county clerk or a city secretary is
the early voting clerk, the authority appointing the clerk, by
written order, may appoint one or more deputy early voting clerks.
(b) To be eligible for appointment as a deputy early voting
clerk under this section, a person must meet the requirements for
eligibility for appointment as the early voting clerk.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 83.034. EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS
DEPUTY. An employee of a political subdivision may serve as deputy
early voting clerk in an election affecting the political
subdivision if the political subdivision's governing body approves
the appointment.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
SUBCHAPTER C. COMPENSATION
§ 83.051. COMPENSATION OF COUNTY CLERK OR CITY
SECRETARY. A county clerk or a city secretary is not entitled to
receive additional compensation for serving as early voting clerk.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 83.052. COMPENSATION OF OTHER CLERKS AND THEIR
DEPUTIES. An early voting clerk who is not a county clerk or city
secretary and the deputy early voting clerks appointed to assist
the clerk are entitled to compensation in an amount fixed by the
authority ordering the election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 83.053. SERVICE WITHOUT COMPENSATION BY PUBLIC
EMPLOYEE. (a) An employee of the authority ordering an election
who is appointed as early voting clerk or deputy early voting clerk
may be appointed to serve without additional compensation.
(b) An employee of a political subdivision who is appointed
as early voting clerk or deputy early voting clerk for an election
affecting the political subdivision may be appointed to serve
without additional compensation if the political subdivision's
governing body approves appointment on that basis.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.06; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
