CHAPTER 64. VOTING PROCEDURES
ELECTION CODE
TITLE 6. CONDUCT OF ELECTIONS
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
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 1078, Sec. 11, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 1315, Sec. 30, eff. Jan. 1, 2004.
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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 728, Sec. 16, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 864, Sec. 61, eff. Sept. 1, 1997.
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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 64.004. MARKING THE BALLOT FOR STRAIGHT-PARTY VOTE. In an
election in which a single square is provided on the ballot for
casting a straight-party vote, a straight-party vote 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 appropriate
political party.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
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.
(d) After making the appropriate entry on the register, the
election officer shall deposit the spoiled ballot in ballot box
no. 4.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
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 65.059 to obtain information on
the disposition of the person's vote.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 2003, 78th Leg., ch. 1315, Sec. 31, eff. Jan. 1, 2004.
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) The regular voting procedures may be modified by the
election officer to the extent necessary to conduct voting under
this section.
(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.
(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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 62, eff. Sept. 1, 1997.
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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 64.012. ILLEGAL VOTING. (a) A person commits an offense
if the person:
(1) votes or attempts to vote in an election in which the person
knows the person is not eligible to vote;
(2) knowingly votes or attempts to vote more than once in an
election;
(3) knowingly impersonates another person and votes or attempts
to vote as the impersonated person; or
(4) knowingly marks or attempts to mark another person's ballot
without the consent of that person.
(b) An offense under this section is a felony of the third
degree unless the person is convicted of an attempt. In that
case, the offense is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 63, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 393, Sec. 3, eff. Sept. 1, 2003.
SUBCHAPTER B. ASSISTING VOTER
Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. A voter is eligible to
receive assistance in marking the ballot, as provided by this
subchapter, if the voter cannot prepare 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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 64.0321. DEFINITION. For purposes of this subchapter and
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.
Added by Acts 2003, 78th Leg., ch. 393, Sec. 4, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 640, Sec. 1, eff. June 20, 2003.
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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 64, eff. Sept. 1, 1997.
Sec. 64.034. OATH. A person 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) that I will not suggest, by word, sign, or
gesture, how the voter should vote; I will confine my assistance
to answering the voter's questions, to stating propositions on
the ballot, and to naming candidates and, if listed, their
political parties; and I will prepare the voter's ballot as the
voter directs."
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 2003, 78th Leg., ch. 393, Sec. 5, eff. Sept. 1, 2003.
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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.