ELECTION CODE
CHAPTER 125. CONDUCT OF VOTING WITH VOTING SYSTEM
SUBCHAPTER A. VOTING SYSTEMS GENERALLY
§ 125.001. ALLOCATION OF EQUIPMENT AMONG POLLING
PLACES. The authority responsible for allocating election
supplies among the polling places for an election shall determine
the number of voting machines, voting devices, or units of other
voting system equipment to be installed at each polling place based
on:
(1) the number of votes cast at the polling place in
previous, similar elections;
(2) the number of registered voters eligible to vote
at a polling place;
(3) the number of units of equipment available; and
(4) any other factors the authority determines are
relevant.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 125.002. PREPARATION OF EQUIPMENT FOR DELIVERY TO
POLLING PLACE. Before voting system equipment is delivered to a
polling place for use in an election, the authority responsible for
distributing the election supplies to the polling places shall have
the equipment put in proper order for use as prescribed by the
secretary of state.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 125.003. DELIVERY OF EQUIPMENT TO POLLING PLACES. The
secretary of state shall prescribe procedures governing delivery of
voting system equipment to polling places to protect the equipment
from tampering and damage.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 125.004. INSTALLATION OF EQUIPMENT AT POLLING
PLACE. (a) Voting system equipment shall be installed at the
polling place so that a voter can operate the equipment without
violating the secrecy of the ballot.
(b) The secretary of state may prescribe procedures
consistent with this chapter for installing voting system equipment
at polling places to protect the equipment from tampering and
damage and to facilitate its proper operation.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 125.005. MAINTAINING SECURITY OF EQUIPMENT DURING
VOTING. (a) The presiding judge shall periodically have an
election officer inspect the voting system equipment for tampering
and damage while voting is in progress.
(b) If any tampering or damage is discovered, the inspecting
officer shall immediately stop use of the equipment and report to
the presiding judge, who shall promptly take appropriate action.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 125.006. MALFUNCTION OF EQUIPMENT AT POLLING
PLACE. (a) The presiding judge shall stop use of malfunctioning
voting system equipment installed at a polling place immediately
after discovering that the equipment is not functioning properly.
(b) The presiding judge shall have the malfunctioning
equipment promptly repaired or replaced if practicable.
(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 early voting
ballots or ballots for regular voting 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.56; Acts 1991, 72nd Leg., ch.
554, § 27, eff. Sept. 1, 1991.
§ 125.007. ASSISTING VOTER. If a voter who is voting
with a voting machine or voting device is physically unable to
operate the machine or device, the voter is entitled to assistance
under the applicable provisions for assisting voters using regular
paper ballots.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 125.008. DEPOSITING THE BALLOT. A voter shall deposit
the marked voting system ballot in the ballot box in accordance with
the instructions provided at the polling place.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 125.009. TRAINING POLLING PLACE PERSONNEL. The
authority adopting a voting system shall provide the election
officers serving the polling places at which the voting system is
used with the instruction and training necessary for the proper
operation of the voting system.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
SUBCHAPTER B. MECHANICAL VOTING MACHINES
§ 125.031. INSPECTING AND SECURING MACHINE BEFORE
DELIVERY TO POLLING PLACE. (a) Not earlier than the 30th or later
than the fifth day before the first day that a mechanical voting
machine is to be used for voting, the authority responsible for
distributing the election supplies to the polling places shall
inspect the machine to determine whether it is in the proper order
for use.
(b) If the voting machine is in the proper order for use, the
authority shall secure the machine against operation as prescribed
by the secretary of state.
(c) The authority shall prepare a record containing the
identification of each voting machine inspected, the
identification of the polling place at which each machine is to be
used, the number on the protective counter, and any other
information required by the secretary of state. The record shall be
preserved for the period for preserving the precinct election
records.
(d) Not later than the day before the date of the inspection
of machines, the authority shall notify the county chair of each
political party with a nominee on the ballot of the place, date, and
hour of the inspection. The county chair or the chair's designee is
entitled to observe the inspection and securing of the machines.
(e) The authority shall post a notice of the place, date,
and hour of the inspection of machines on the bulletin board used
for posting notices of meetings of the governing body of the
political subdivision served by the authority. The notice must
remain posted continuously for the 48 hours preceding the beginning
of the inspection.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 10(a), eff. Sept. 1, 1987; Acts
1997, 75th Leg., ch. 864, § 86, eff. Sept. 1, 1997.
§ 125.032. CERTIFICATION OF PROPER INSTALLATION AT
POLLING PLACE. (a) Before opening a polling place for voting on
election day, the presiding judge shall determine whether each
mechanical voting machine that has been delivered to the polling
place for use in the election has been delivered to the proper
polling place. If the machine is not at the proper polling place,
the presiding judge shall have it returned and request delivery of
the proper machine.
(b) A machine may not be unsecured until after the presiding
judge determines that it is at the proper polling place.
(c) If the voting machine is delivered to the proper polling
place, the presiding judge shall unsecure the machine and make an
inspection to determine whether the machine is properly installed
and in the proper order for voting.
(d) If the voting machine is not properly installed or not
in the proper order for voting, the presiding judge shall take
appropriate corrective action.
(e) When the presiding judge determines that the machine is
properly installed and in the proper order for voting, the judge
shall prepare a certificate containing:
(1) a statement that the judge has determined that the
machine is in the proper order for use in the election;
(2) the number on the protective counter;
(3) the signature of the judge;
(4) the signatures of not more than two watchers if one
or more watchers are present, with the signatures being from
watchers of opposing interests if such watchers are present; and
(5) any other information required by the secretary of
state.
(f) The judge shall attach a copy of the certificate to each
copy of the election returns for the polling place.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 125.033. VOTING PAPER WRITE-IN BALLOT. (a) In an
election in which paper write-in ballots are used, a voter who has
been accepted to vote by voting machine is entitled to a paper
write-in ballot on request if the voter executes the following
affidavit:
""State of Texas
""County of __________________________
""Before me, the undersigned authority, on this day
personally appeared ________________________________, who, having
been by me first duly sworn, on the person's oath did depose and
say:
"" "I have not and will not cast a vote on the voting machine
for the office for which I am casting a write-in ballot.'
________________________________
Voter
"Subscribed and sworn before me this ______ day of
__________________, 19____.
________________________________________________
Election Officer of Polling Place______________,
______________________ County, Texas"
(b) An election officer shall complete the affidavit and
obtain the voter's signature before permitting the voter to cast a
paper write-in ballot.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 87, eff. Sept. 1, 1997.
§ 125.034. ALTERNATIVE PROCEDURE FOR DEPOSITING PAPER
WRITE-IN BALLOT. The secretary of state may provide for using
envelopes or other containers instead of ballot boxes for voters to
deposit their marked paper write-in ballots at polling places using
mechanical voting machines.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 125.035. SECURING MACHINE ON CLOSE OF VOTING. (a) On
the close of voting at each polling place using mechanical voting
machines, an election officer shall secure each machine as
prescribed by the secretary of state so that its unauthorized
operation is prevented.
(b) After the machine is secured, the presiding judge shall
prepare a certificate containing:
(1) a statement that the machine is secured;
(2) the numbers on the protective counter and the
public counter;
(3) the signatures of the presiding judge and at least
one election clerk;
(4) the signatures of not more than two watchers if one
or more watchers are present, with the signatures being from
watchers of opposing interests if such watchers are present; and
(5) any other information required by the secretary of
state.
(c) The presiding judge shall attach a copy of the
certificate to each copy of the election returns for the polling
place.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
SUBCHAPTER C. ELECTRONIC VOTING SYSTEMS
§ 125.061. INSPECTING EQUIPMENT AT POLLING
PLACE. (a) Before opening a polling place for voting on election
day, the presiding judge shall inspect each voting device and any
other electronic voting system equipment installed at the polling
place to determine whether it is installed and functioning
properly.
(b) The presiding judge shall take appropriate corrective
action if the equipment is not installed or functioning properly.
(c) Before the polls open, an election officer shall check
each voting device and remove from the device any punch-card ballot
chads that have accumulated.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2001, 77th Leg., ch. 1054, § 5, eff. Sept. 1, 2001.
§ 125.0611. PROVIDING SEPARATE BALLOT PART FOR WRITE-IN
VOTING. (a) If an electronic system ballot includes a separate
write-in part under Section 124.064, that part shall be provided
with the electronic system ballot.
(b) A voter may not be required to request the separate
write-in part as a condition to being provided that part.
Added by Acts 1999, 76th Leg., ch. 1316, § 2, eff. Sept. 1, 1999.
§ 125.062. ALTERNATIVE PROCEDURE TO ROTATING BALLOT
BOXES. The secretary of state may prescribe an alternative
procedure to that of using two ballot boxes on a rotating basis at a
polling place using an electronic voting system if the secretary
determines that an alternative procedure is necessary for the
efficient conduct of voting with the particular voting system.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 125.063. SECURING EQUIPMENT ON CLOSE OF VOTING. On
the close of voting at each polling place at which electronic voting
system equipment is used, an election officer shall secure or
inactivate the equipment as prescribed by the secretary of state so
that its unauthorized operation is prevented.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 125.064. RECORDS AVAILABLE FOR PUBLIC
INSPECTION. Any documents or records used in the preparation of or
prepared for use in an electronic voting system for the operation of
the system for a particular election and any documents or records
generated by the system in that election shall be made available for
public inspection in the office of the general custodian of
election records for the period for preserving the precinct
election records.
Added by Acts 1987, 70th Leg., ch. 484, § 6, eff. Sept. 1, 1987.
