ELECTION CODE
CHAPTER 85. CONDUCT OF VOTING BY PERSONAL APPEARANCE
SUBCHAPTER A. TIME AND PLACE FOR VOTING
§ 85.001. EARLY VOTING PERIOD. (a) The period for
early voting by personal appearance begins on the 17th day before
election day and continues through the fourth day before election
day, except as otherwise provided by this section.
(b) For a special runoff election for the office of state
senator or state representative or for a runoff primary election,
the period begins on the 10th day before election day.
(c) If the date prescribed by Subsection (a) or (b) for
beginning the period is a Saturday, Sunday, or legal state holiday,
the early voting period begins on the next regular business day.
(d) If because of the date for which an election is ordered
it is not possible to begin early voting by personal appearance on
the prescribed date, the early voting period shall begin on the
earliest date practicable after the prescribed date as set 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, § 2.09; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 115, §
1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1316, § 22, eff.
Sept. 1, 2003.
§ 85.002. MAIN EARLY VOTING POLLING PLACE. (a) Early
voting by personal appearance for each election shall be conducted
at the main early voting polling place.
(b) In an election in which a county clerk or city secretary
is the early voting clerk under Section 83.002 or 83.005, the main
early voting polling place shall be located in any room selected by
the early voting clerk in the building that houses the main business
office of the county clerk or city secretary, as applicable.
However, if the commissioners court or city governing body
determines that locating the polling place in that building is
impracticable, the commissioners court or city governing body may
designate a different location in the city in which the business
office is located that is as near as practicable to the business
office.
(c) In an election in which a county clerk is the early
voting clerk under Section 83.003 or 83.004, the authority
authorized to appoint the clerk shall designate the location of the
main early voting polling place. The location must be in the
territory covered by the election or in any room selected by the
clerk in the building that houses the county clerk's main business
office, whether or not the office is located in the territory
covered by the election. However, if the commissioners court
determines that locating the polling place in that building is
impracticable, the commissioners court may designate a different
location in the city in which the business office is located that is
as near as practicable to the business office.
(d) In an election in which a person other than a county
clerk or city secretary is early voting clerk, the authority
appointing the clerk shall designate the location of the main early
voting polling place. The location must be in 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, § 2.09; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 85.003. VOTERS SERVED BY MAIN POLLING PLACE. Any
person entitled to vote an early voting ballot by personal
appearance may do so at the main early voting polling place.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.09; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 85.004. PUBLIC NOTICE OF MAIN POLLING PLACE
LOCATION. The election order and the election notice must state
the location of the main early voting polling place.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.09; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 85.005. REGULAR DAYS AND HOURS FOR
VOTING. (a) Except as provided by Subsection (c), in an election
in which a county clerk or city secretary is the early voting clerk
under Section 83.002 or 83.005, early voting by personal appearance
at the main early voting polling place shall be conducted on the
weekdays of the early voting period and during the hours that the
county clerk's or city secretary's main business office is
regularly open for business.
(b) In an election to which Subsection (a) does not apply,
early voting by personal appearance at the main early voting
polling place shall be conducted at least eight hours each weekday
of the early voting period that is not a legal state holiday unless
the territory covered by the election has fewer than 1,000
registered voters. In that case, the voting shall be conducted at
least three hours each day. The authority ordering the election, or
the county clerk if that person is the early voting clerk, shall
determine which hours the voting is to be conducted.
(c) In a county with a population of 100,000 or more, the
voting in a primary election or the general election for state and
county officers shall be conducted at the main early voting polling
place for at least 12 hours on each weekday of the last week of the
early voting period, and the voting in a special election ordered by
the governor shall be conducted at the main early voting polling
place for at least 12 hours on each of the last two days of the early
voting period. Voting shall be conducted in accordance with this
subsection in those elections in a county with a population under
100,000 on receipt by the early voting clerk of a written request
for the extended hours submitted by at least 15 registered voters of
the county. The request must be submitted in time to enable
compliance with Section 85.067.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 1142, § 1, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 203, § 1.07; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991.
§ 85.006. VOTING ON SATURDAY OR SUNDAY. (a) Except as
provided by Subsection (b), the authority ordering an election may
order early voting by personal appearance at the main early voting
polling place to be conducted on one or more Saturdays or Sundays
during the early voting period.
(b) In an election in which a county clerk or city secretary
is the early voting clerk under Section 83.002 or 83.005, only the
early voting clerk may order voting on a Saturday or Sunday. The
clerk must do so by written order.
(c) The authority ordering voting on a Saturday or Sunday
shall determine the hours during which voting is to be conducted.
(d) The authority authorized to order early voting on a
Saturday or Sunday under Subsection (a) or (b) shall order the
voting under the applicable subsection on receipt of a written
request submitted by at least 15 registered voters of the territory
covered by the election. The request must be submitted in time to
enable compliance with Section 85.007. The authority is not
required to order the voting on a particular date specified by the
request but shall order the voting on at least one Saturday if a
Saturday is requested and on at least one Sunday if a Sunday is
requested.
(e) In a primary election or the general election for state
and county officers in a county with a population of 100,000 or
more, the early voting clerk shall order personal appearance voting
at the main early voting polling place to be conducted for at least
12 hours on the last Saturday and for at least five hours on the last
Sunday of the early voting period. The early voting clerk shall
order voting to be conducted at those times in those elections in a
county with a population under 100,000 on receipt of a written
request for those hours submitted by at least 15 registered voters
of the county. The request must be submitted in time to enable
compliance with Section 85.007. This subsection supersedes any
provision of this subchapter to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 25, eff. Sept. 1, 1987; Acts
1989, 71st Leg., ch. 1142, § 2, eff. Sept. 1, 1989; Acts 1991,
72nd Leg., ch. 203, § 1.08; Acts 1991, 72nd Leg., ch. 554, §
1, eff. Sept. 1, 1991.
§ 85.007. PUBLIC NOTICE OF TIME FOR VOTING. (a) The
election order and the election notice must state:
(1) the date that early voting will begin if under
Section 85.001(d) the early voting period is to begin later than the
prescribed date;
(2) the regular dates and hours that voting will be
conducted under Section 85.005(b); and
(3) the dates and hours that voting on Saturday or
Sunday is ordered to be conducted under Section 85.006(a).
(b) The early voting clerk shall post notice for each
election stating the dates and hours that voting on a Saturday or
Sunday is ordered to be conducted under Section 85.006(b).
(c) Notice under Subsection (b) shall be posted
continuously for at least 72 hours immediately preceding the first
hour that the voting to which the notice pertains will be conducted.
The notice shall be posted on the bulletin board used for posting
notice of meetings of the commissioners court if the early voting
clerk is the county clerk, or of the city governing body if the
early voting clerk is the city secretary.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.09; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 85.008. DAYS AND HOURS FOR VOTING: ELECTION IN CERTAIN
CITIES. (a) This section applies only to a city with a population
of more than 450,000 in which all members of the governing body are
elected on an at-large basis.
(b) Notwithstanding and in addition to other applicable
provisions of this code, in an election in which the city secretary
is the early voting clerk under Section 83.005, early voting by
personal appearance shall be conducted on the corresponding days
and for the same number of hours that the voting is required to be
conducted in the general election for state and county officers in
the county in which a majority of the population of the city is
located.
Added by Acts 1997, 75th Leg., ch. 172, § 1, eff. Sept. 1, 1997.
SUBCHAPTER B. POLLING PLACE PROCEDURE
§ 85.031. ACCEPTING VOTER. (a) For each person
entitled to vote an early voting ballot by personal appearance, the
early voting clerk shall follow the procedure for accepting a
regular voter on election day, with the modifications necessary for
the conduct of early voting.
(b) On accepting a voter, the clerk shall indicate beside
the voter's name on the list of registered voters or registration
omissions list, as applicable, that the voter is accepted to vote by
personal appearance unless the form of either list makes it
impracticable to do so, and the clerk shall enter the voter's name
on the poll list.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.09; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1349,
§ 34, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381, § 9,
eff. Sept. 1, 1997.
§ 85.0311. EARLY VOTING CLERK TO SIGN BALLOTS. (a) The
early voting clerk's initials shall be placed on the back of each
ballot to be used at the polling place.
(b) The early voting clerk shall enter the initials on each
ballot or a deputy early voting clerk shall stamp a facsimile of the
initials on each ballot.
Added by Acts 1997, 75th Leg., ch. 1381, § 10, eff. Sept. 1,
1997.
§ 85.032. SECURITY OF EARLY VOTING BALLOT BOX. (a) The
procedure for rotating two ballot boxes applicable to a precinct
polling place does not apply to an early voting polling place. Once
locked for use in an election, the early voting ballot box may not
be unlocked except as provided by this subtitle.
(b) The ballot box in which voters deposit their marked
early voting 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
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, with references to the central counting station being
applied to the early voting ballot board. The secretary of state
shall prescribe any procedures necessary to implement the use of
sealed ballot boxes in early voting.
(c) During the period for early voting by personal
appearance, the early voting clerk shall keep the key to one of the
locks to the early voting ballot box, and the custodian of keys to
ballot boxes for preserving voted ballots after the election shall
keep the key to the second lock.
(d) Each custodian shall retain possession of the key
entrusted to the custodian until it is delivered to the early voting
ballot board under Subchapter B, Chapter 87.
(e) A sealed case may be used for transferring voted early
voting ballots in accordance with procedures approved by the
secretary of state.
(f) The secretary of state shall prescribe procedures
providing for the security of the voted early voting ballots from
the last day of voting by personal appearance at a polling place
until the day the ballots are counted. The procedures must include
security measures covering the transfer of the ballots between the
early voting clerk and the early voting ballot board.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 562, § 1, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 203, § 2.09; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, § 74,
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381, § 11, eff.
Sept. 1, 1997.
§ 85.033. SECURITY OF VOTING MACHINE. At the close of
early voting each day, the early voting clerk shall secure each
voting machine used for early voting in the manner prescribed by the
secretary of state so that its unauthorized operation is prevented.
The clerk shall unsecure the machine before the beginning of early
voting the following day.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.09; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 85.034. VOTER UNABLE TO ENTER POLLING
PLACE. (a) Early voting by personal appearance by a voter who is
voting outside the early voting polling place under Section 64.009
shall be conducted in accordance with this section if voting at the
early voting polling place is by voting machine or voting device
unless the early voting clerk chooses to transport a voting device
to the voter.
(b) The early voting clerk shall furnish each accepted voter
with the early voting ballot used for voting by mail and the
official ballot envelope.
(c) The voter must mark the ballot and seal it in the
envelope.
(d) Immediately after sealing the ballot envelope, the
voter must give it to the clerk. Before depositing the envelope in
the ballot box, the clerk shall indicate on the envelope that the
ballot was voted outside the polling place under this section.
(e) The secretary of state may provide for the use of
envelopes or other containers instead of ballot boxes in which to
deposit ballots voted under this section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.09; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 85.035. ASSISTING VOTER. A person voting an early
voting ballot by personal appearance who is assisted in preparing
the ballot by election officers under Subchapter B, Chapter 64, may
be assisted by a single officer.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.09; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 85.036. ELECTIONEERING PROHIBITED. (a) During the
time an early voting polling place is open for the conduct of early
voting, a person may not electioneer for or against any candidate,
measure, or political party in or within 100 feet of an outside door
through which a voter may enter the building or structure in which
the early voting polling place is located
(b) Repealed by Acts 2003, 78th Leg., ch. 639, § 2
(c) During the early voting period, the early voting clerk
shall keep continuously posted:
(1) at the entrance to the room or area, as applicable,
in which the early voting polling place is located, a sign on which
is printed in large letters "Early Voting Polling Place"; and
(2) at the outer limits of the area within which
electioneering is prohibited, a sign on which is printed in large
letters "Distance Marker. No electioneering between this point and
the entrance to the early voting polling place."
(d) A person commits an offense if the person electioneers
in violation of Subsection (a).
(e) An offense under this section is a Class C misdemeanor.
(f) Repealed by Acts 2003, 78th Leg., ch. 639, § 2
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 1.09; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 498, §
1, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 639, § 1, 2,
eff. Sept. 1, 2003.
§ 85.037. BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF
CANDIDATE. Section 61.001 applies to an early voting polling place
except that the period for which the conduct is proscribed is during
the time the polling place is open for the conduct of early voting.
Added by Acts 1997, 75th Leg., ch. 1350, § 4, eff. Sept. 1, 1997.
SUBCHAPTER C. BRANCH EARLY VOTING POLLING PLACE
§ 85.061. PERMANENT BRANCH POLLING PLACE. (a) In a
countywide election in which the county clerk is the early voting
clerk under Section 83.002, an early voting polling place shall be
located at each branch office that is regularly maintained for
conducting general clerical functions of the county clerk, except
as provided by Subsection (b).
(b) In an election in which a temporary branch polling place
is established under Section 85.062(a)(1) or (d), the commissioners
court may provide by resolution, order, or other official action
that any one or more of the county clerk's regularly maintained
branch clerical offices are not to be branch early voting polling
places in the election.
(c) In this subchapter, "permanent branch polling place"
means an early voting polling place established under this section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 1.10; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 85.062. TEMPORARY BRANCH POLLING PLACE. (a) Except
as provided by Subsection (d) or (e), one or more early voting
polling places other than the main early voting polling place may be
established by:
(1) the commissioners court, for an election in which
the county clerk is the early voting clerk; or
(2) the governing body of the political subdivision
served by the authority ordering the election, for an election in
which a person other than the county clerk is the early voting
clerk.
(b) A polling place established under this section may be
located, subject to Subsection (d), at any place in the territory
served by the early voting clerk and may be located in any
stationary structure as directed by the authority establishing the
branch office. The polling place may be located in a movable
structure in the general election for state and county officers,
general primary election, or runoff primary election. Ropes or
other suitable objects may be used at the polling place to ensure
compliance with Section 62.004. Persons who are not expressly
permitted by law to be in a polling place shall be excluded from the
polling place to the extent practicable.
(c) In any election, the location of a polling place
established under this section shall be fixed at one place for the
duration of the period that voting is required to be conducted at
the polling place.
(d) In a primary election, the general election for state
and county officers, or a special election to fill a vacancy in the
legislature or in congress:
(1) the commissioners court of a county with a
population of 400,000 or more shall establish one or more early
voting polling places other than the main early voting polling
place in each state representative district containing territory
covered by the election, except that the polling place or places
shall be established in the state senatorial or congressional
district, as applicable, in a special election to fill a vacancy in
the office of state senator or United States representative;
(2) the commissioners court of a county with a
population of 120,000 or more but less than 400,000 shall establish
one or more early voting polling places other than the main early
voting polling place in each commissioners precinct containing
territory covered by the election; and
(3) the commissioners court of a county with a
population of 100,000 or more but less than 120,000 shall establish
one or more early voting polling places as described by Subdivision
(2) in each precinct for which the commissioners court receives in
time to enable compliance with Section 85.067 a written request for
that action submitted by at least 15 registered voters of that
precinct.
(e) In an election covered by Subsection (d), a temporary
branch polling place that is movable may be established only with
the approval of the county clerk. If a movable temporary branch
polling place is established on the request of a political party,
each other political party whose nominee for governor in the most
recent gubernatorial general election received more than 10 percent
of the total number of votes received by all candidates for governor
in the election is entitled to establishment of such a polling
place. The election officers serving a polling place covered by
this subsection must be affiliated or aligned with different
political parties to the extent possible. The secretary of state,
after consulting the state chair of each affected political party,
shall prescribe the procedures necessary to implement this
subsection.
(f) In a countywide election, the total number of permanent
branch polling places and temporary branch polling places open for
voting at the same time in a commissioners precinct may not exceed
twice the number of permanent branch and temporary branch polling
places open at that time in another commissioners precinct.
(g) In this subchapter, "temporary branch polling place"
means an early voting polling place established under this section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 1.11, 1.12; Acts 1991, 72nd
Leg., ch. 554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch.
1349, § 35, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1350,
§ 5, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381, § 12,
eff. Sept. 1, 1997.
§ 85.063. DAYS AND HOURS FOR VOTING: PERMANENT
BRANCH. Early voting by personal appearance at each permanent
branch polling place shall be conducted on the same days and during
the same hours as voting is conducted at the main early voting
polling place.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.11; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 85.064. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH IN
POPULOUS COUNTY. (a) This section applies only to an election in
which the territory served by the early voting clerk is situated in
a county with a population of 100,000 or more. In an election in
which the territory served by the clerk is situated in more than one
county, this section applies if the sum of the populations of the
counties is 100,000 or more.
(b) Early voting by personal appearance at each temporary
branch polling place established under Section 85.062(d) shall be
conducted on the days that voting is required to be conducted at the
main early voting polling place under Section 85.005. The
authority establishing the temporary branch polling place shall
determine the hours during which the voting is to be conducted on
those days. The authority shall order voting to be conducted for
the same number of hours that voting is required to be conducted on
those days at the main early voting polling place under Section
85.005 on receipt of a written request for those hours submitted by
at least 15 registered voters of the county. The request must be
submitted in time to enable compliance with Section 85.067.
(c) Early voting by personal appearance at a temporary
branch polling place other than a temporary branch polling place
established under Section 85.062(d) may be conducted on any one or
more days and during any hours of the period for early voting by
personal appearance, as determined by the authority establishing
the branch.
(d) The authority authorized under Section 85.006 to order
early voting on a Saturday or Sunday may also order, in the manner
prescribed by that section, early voting to be conducted on a
Saturday or Sunday at any one or more of the temporary branch
polling places. In addition, the early voting clerk of a county
covered by Section 85.006(e) shall order such voting in accordance
with that subsection at each temporary branch polling place
established under Section 85.062(d).
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 1142, § 3, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 203, § 1.13; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1349, § 36,
eff. Sept. 1, 1997.
§ 85.065. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH IN
LESS POPULOUS COUNTY. (a) This section applies only to an
election in which the territory served by the early voting clerk is
situated in a county with a population under 100,000. In an election
in which the territory served by the clerk is situated in more than
one county, this section applies if the sum of the populations of
the counties is under 100,000.
(b) Voting at a temporary branch polling place may be
conducted on any one or more days and during any hours of the period
for early voting by personal appearance, as determined by the
authority establishing the branch. The authority authorized under
Section 85.006 to order early voting on a Saturday or Sunday may
also order, in the manner prescribed by that section, early voting
to be conducted on a Saturday or Sunday at any one or more of the
temporary branch polling places.
(c) The schedules for conducting voting are not required to
be uniform among the temporary branch polling places.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 1142, § 4, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 203, § 1.14; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991.
§ 85.066. VOTERS SERVED BY BRANCH POLLING
PLACE. (a) Except as provided by Subsection (b), any voter who is
entitled to vote an early voting ballot by personal appearance may
do so at any branch polling place in the territory served by the
early voting clerk.
(b) For a countywide election in a county with a population
of more than 2.5 million and a primary election in a county with a
population of more than 1 million in which temporary branch polling
places are established under Section 85.062(d)(1), the
commissioners court may limit voting at a temporary branch polling
place to the voters of particular state representative districts.
To the extent practicable, the state representative districts shall
be grouped so that the temporary branch polling places in each group
serve substantially equal numbers of voters. A maximum of four
groups of state representative districts may be established under
this subsection.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 1.15; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 85.067. PUBLIC NOTICE OF BRANCH VOTING
SCHEDULE. (a) The early voting clerk shall post for each election
a schedule stating:
(1) the location of each permanent and temporary
branch polling place at which voting will be conducted and the
election precincts served by each branch polling place; and
(2) except as provided by Subsection (b), the dates
and hours that temporary branch voting will be conducted.
(b) The schedule is not required to include dates and hours
for which public notice is posted under Section 85.068.
(c) The schedule shall be posted continuously for a period
beginning not later than the fifth day before the first day of the
period for early voting by personal appearance and ending on the
last day of that period. The schedule may be amended after the
beginning of early voting by personal appearance to include notice
of additional temporary branch polling place locations, dates, and
hours, but any amendment must be made not later than the fifth day
before the date the voting is scheduled to begin at the additional
temporary branch.
(d) The schedule shall be posted on the bulletin board used
for posting notice of meetings of the governing body of the
political subdivision served by the authority ordering the election
or, if the early voting clerk is the county clerk or city secretary,
meetings of the commissioners court or city governing body, as
applicable.
(e) The early voting clerk shall make copies of the schedule
available to the public in reasonable quantities without charge
during the posting period.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 7(a), eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 203, § 1.16; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991.
§ 85.068. PUBLIC NOTICE OF ADDITIONAL VOTING TIME
ORDERED BY CLERK. (a) The early voting clerk shall post notice
for each election stating any dates and the hours that voting on
Saturday or Sunday will be conducted under Section 85.064(d) or
85.065(b), if the early voting clerk is a county clerk or city
secretary under Section 83.002 or 83.005.
(b) The notice is not required to include the dates and
hours that appear in the branch office voting schedule posted under
Section 85.067.
(c) The notice shall be posted as provided by Section
85.007(c).
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 1142, § 5, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 203, § 1.17; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991.
§ 85.069. ELECTION OFFICERS SERVING BRANCH POLLING
PLACE. (a) The early voting clerk shall designate for each branch
polling place a deputy early voting clerk as the election officer in
charge of the polling place.
(b) Except as provided by Subsection (c), the composition of
the set of election officers serving a branch polling place must
provide representation for each political party conducting a
primary election in the county.
(c) For the general election for state and county officers
and for a special election to fill a vacancy in an office regularly
filled at the general election for state and county officers, the
composition of the set of election officers serving a branch
polling place who are not employees of the county must, to the
extent practicable, provide equal representation for each
political party conducting a primary election in the county.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.11; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1349,
§ 37, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1046, § 1,
eff. Sept. 1, 2003.
§ 85.070. DELIVERY OF APPLICATIONS TO MAIN POLLING
PLACE. Each early voting ballot application submitted at a branch
polling place shall be delivered by an election officer to the main
polling place not later than 1 p.m. on the day after the date the
application is submitted.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.11; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 85.071. DELIVERY OF BALLOTS TO MAIN POLLING
PLACE. (a) During the period for early voting by personal
appearance, the ballots voted at a branch polling place, other than
those cast on a voting machine, shall be:
(1) retained securely at the branch polling place in a
locked room accessible only to election officers; or
(2) delivered by an election officer or designated law
enforcement officer to the main early voting polling place at the
close of voting each day.
(b) The unvoted ballots at the branch polling place, other
than voting machine ballots, shall be retained or delivered with
the voted ballots but in a separate locked container.
(c) All voted and unvoted ballots shall be delivered by an
election officer or designated law enforcement officer to the main
polling place at the close of voting on the last day of voting at the
branch polling place.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.11; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 85.072. BRANCH DAILY REGISTER. (a) Each day early
voting is conducted at a branch polling place, an election officer
in charge of the branch shall prepare a register listing the voters
who cast ballots at the branch that day.
(b) The register must include for each voter the information
necessary for entering the voter's name on the early voting roster
for the election.
(c) The election officer preparing the register shall
deliver it to the early voting clerk at the close of each day's
voting at the branch polling place.
(d) The early voting clerk shall preserve each daily
register for the period for preserving the precinct election
records.
(e) A current copy of the register shall be kept at the
branch polling place during the period voting is conducted there.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.11; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
