CHAPTER 65. COUNTING VOTES AND PREPARING RETURNS
ELECTION CODE
TITLE 6. CONDUCT OF ELECTIONS
CHAPTER 65. COUNTING VOTES AND PREPARING RETURNS
SUBCHAPTER A. COUNTING VOTES GENERALLY
Sec. 65.001. COUNTING OFFICERS. At each polling place, the
ballots shall be counted by one or more teams of election
officers assigned by the presiding judge. Each team must consist
of two or more election officers.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 65.002. TIME FOR COUNTING. (a) Subject to Subsection (b),
the presiding judge may direct the counting of ballots to occur
at any time after the polls have been open for one hour.
(b) While the polls are open and until voting is concluded after
the polls close, the ballot box for the deposit of voters' marked
ballots may not be opened for the purpose of counting the ballots
unless there are at least 10 ballots in the box.
(c) After the polls close or the last voter has voted, whichever
is later, the counting of ballots shall be conducted continuously
until all the ballots are counted.
(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1235, Sec.
26(5), eff. September 1, 2009.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1235, Sec. 26(5), eff. September 1, 2009.
Sec. 65.003. ROTATING BALLOT BOXES NO. 1 AND NO. 2. (a) If the
counting of the ballots is to begin before voting is concluded,
ballot box no. 1 and ballot box no. 2 shall be used on a rotating
basis at the polling place.
(b) When either ballot box no. 1 or no. 2 containing marked
ballots is delivered to the election officers counting the
ballots, the other box shall be immediately made available for
the deposit of marked ballots.
(c) Before the ballot box is positioned for the receipt of
marked ballots, an election officer shall examine it, remove its
contents, and lock the box.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 65.004. TALLY LISTS. Three original tally lists shall be
maintained at the polling place to record the number of votes
received for the candidates and for and against the measures
voted on.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 65.005. TALLYING THE VOTES. (a) One member of the
counting team shall examine each ballot and clearly announce the
name of each candidate for whom a vote has been received or
whether a vote has been received for or against a measure. The
other members of the counting team shall record the votes on the
tally lists as they are announced.
(b) The counting team shall compare the tally lists periodically
to determine whether discrepancies exist among them. If a
discrepancy is discovered, the ballots shall be recounted and the
necessary corrections shall be made on the lists.
(c) On completing the count, each member of the counting team
assigned to tally votes shall compute the total number of votes
tallied on the list the member has kept and enter the totals on
the tally list. After verifying that the three lists are in
agreement, each counting officer shall sign the list that the
officer has kept.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 1078, Sec. 12, eff. Sept. 1, 1997.
Sec. 65.006. REPLACING MEMBER OF COUNTING TEAM. (a) A member
of a counting team may not be replaced after vote tallying is
begun unless each existing discrepancy among the three tally
lists is corrected before the replacement is made.
(b) If a counting officer is replaced on a counting team after
the tallying is begun, the officer to be replaced shall certify
the accuracy of the list the officer has kept, as of the time of
the replacement, by signing the list at that time.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 65.007. TALLYING STRAIGHT-PARTY VOTES. (a) In an election
in which a single square is provided on the ballot for casting a
straight-party vote, the tally lists shall contain spaces for
tallying those votes.
(b) Except as provided by Subsection (c) or (d), each
straight-party vote shall be tallied for the party receiving the
vote instead of being tallied for the individual candidates of
the party. The total number of straight-party votes tallied for
each party shall be added to the total votes received for each of
the party nominees individually.
(c) If a ballot indicates a straight-party vote and a vote for
an opponent of one or more of that party's nominees, a vote shall
be counted for the opponent and for each of the party's other
nominees whether or not any of those nominees have received
individual votes.
(d) If a ballot indicates straight-party votes for more than one
party, those votes may not be tallied and a vote shall be counted
for each candidate receiving an individual vote if no other
individual votes are received in that race. If no candidate
receives an individual vote, the portion of the ballot for
offices may not be counted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 728, Sec. 17, eff. Sept. 1, 1993.
Sec. 65.008. TALLYING WRITE-IN VOTES. (a) In an election in
which write-in voting is permitted, the name of a write-in
candidate shall be entered on the tally list and votes for that
candidate shall be tallied in the same manner as votes for a
candidate whose name appears on the ballot.
(b) A write-in vote may not be counted if a sticker containing a
candidate's name is affixed to the ballot by the voter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 65.009. COUNTING IRREGULARLY MARKED BALLOT. (a) Failure
to mark a ballot in strict conformity with this code does not
invalidate the ballot.
(b) Marking the ballot by marking through the names of
candidates for whom or the statements beside the propositions for
which the voter does not desire to vote does not invalidate the
ballot.
(c) A vote on an office or measure shall be counted if the
voter's intent is clearly ascertainable unless other law
prohibits counting the vote.
(d) The intent of the voter in marking a ballot may be
determined by:
(1) a distinguishing mark adjacent to the name of a candidate or
political party or a voting choice associated with a proposition;
(2) an oval, box, or similar marking clearly drawn around the
name of a candidate or political party or a voting choice
associated with a proposition;
(3) a line drawn through:
(A) the names of all candidates in a manner that indicates a
preference for the candidates not marked if the names of the
candidates not marked do not exceed the number of persons that
may be elected to that office;
(B) the name of each political party except one in a manner that
clearly indicates a preference for the political party not
marked; or
(C) a voting choice associated with a proposition in a manner
that clearly indicates a preference for the other voting choice
associated with the proposition; or
(4) any other evidence that clearly indicates the intent of the
voter in choosing a candidate or political party or deciding on a
proposition.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 2003, 78th Leg., ch. 1315, Sec. 33, eff. Jan. 1, 2004.
Sec. 65.010. BALLOTS NOT COUNTED. (a) The following ballots
may not be counted:
(1) a ballot that is not provided to the voter at the polling
place;
(2) two or more ballots that are folded together in a manner
indicating that they were folded together when deposited in the
ballot box;
(3) a write-in envelope containing a write-in vote without an
attached ballot;
(4) a ballot that has not been deposited in the ballot box used
for the deposit of marked ballots; or
(5) a provisional ballot that is not accepted under Subchapter
B.
(b) If a ballot is unnumbered or the signature of the presiding
judge does not appear on the back of a ballot, the presiding
judge shall examine it to determine whether the ballot is not to
be counted under Subsection (a)(1).
(c) If a ballot is not counted, an election officer shall
indicate on the back of the ballot the reason for not counting
it.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 728, Sec. 18, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 1078, Sec. 13, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1315, Sec. 34, eff. Jan. 1, 2004.
Sec. 65.011. OVERVOTING. Except as provided by Section
65.007(c) or (d), if a voter marks the ballot for more candidates
for an office than the number of persons to be elected for that
office, none of the votes may be counted for that office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 728, Sec. 19, eff. Sept. 1, 1993.
Sec. 65.012. DEPOSITING BALLOT IN BALLOT BOX NO. 3. (a) After
a ballot is counted, it shall be deposited in ballot box no. 3.
(b) A voted ballot that is not counted shall also be deposited
in ballot box no. 3.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 65.013. BALLOT REGISTER. (a) Each presiding judge shall
prepare a ballot register as provided by this section.
(b) The register must state:
(1) the total number of ballots received for conducting voting
at the polling place;
(2) the number of defectively printed ballots received;
(3) the number of ballots provided to voters as indicated by the
number of voters on the poll list;
(4) the number of spoiled ballots returned by voters; and
(5) the number of unused ballots that are not accounted for as
defectively printed ballots.
(c) The ballot register shall be prepared as an original and one
copy, and on completing the register, the presiding judge shall
sign each one to certify its accuracy.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 65.014. PREPARING THE PRECINCT RETURNS. (a) On completion
of the vote count, the presiding judge shall prepare the returns
of the election for the precinct.
(b) The returns must state:
(1) the total number of voters who voted at the polling place as
indicated by the poll list; and
(2) the total number of votes counted for each candidate and for
and against each measure.
(c) The returns shall be prepared as an original and three
copies, and on completing the returns, the presiding judge shall
sign each one to certify its accuracy.
(d) A presiding judge commits an offense if the judge knowingly
fails:
(1) to include in the precinct returns the applicable
information required by this code; or
(2) to complete the returns in time for them to be delivered by
the deadline prescribed by Section 66.053(c) for delivery of the
precinct election records.
(e) An offense under Subsection (d) is a Class B misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 65.015. ANNOUNCING PARTIAL RESULTS. (a) Subject to
Subsection (b), after the polls close and the last voter has
voted, the presiding judge may announce the status of the vote
count from time to time.
(b) The local canvassing authority may require the announcements
or prohibit them.
(c) The announcements shall be made at the entrance to the
polling place.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
SUBCHAPTER B. VERIFICATION AND COUNTING OF PROVISIONAL BALLOTS
Sec. 65.051. DUTY OF EARLY VOTING BALLOT BOARD. (a) The early
voting ballot board shall verify and count provisional ballots as
provided by this subchapter not later than the seventh day after
the date of an election.
(b) Except as provided by this subchapter, the conduct of the
board is governed by the same procedures as are provided by
Chapter 87.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1,
2004.
Sec. 65.052. DUTY OF VOTER REGISTRAR. The secretary of state
shall prescribe procedures by which the voter registrar of the
county in which a provisional ballot is cast shall provide
assistance to the early voting ballot board in executing its
authority under this subchapter.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1,
2004.
Sec. 65.053. DELIVERY OF PROVISIONAL BALLOTS. The presiding
judge of an election precinct shall deliver in person to the
general custodian of election records the box containing each
envelope containing a provisional ballot that was cast in the
precinct. The secretary of state shall prescribe procedures by
which the early voting ballot board may have access to the
provisional ballots as necessary to implement this subchapter.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1,
2004.
Sec. 65.054. ACCEPTING PROVISIONAL BALLOT. (a) The early
voting ballot board shall examine each affidavit executed under
Section 63.011 and determine whether to accept the provisional
ballot of the voter who executed the affidavit.
(b) A provisional ballot may be accepted only if the board
determines that, from the information in the affidavit or
contained in public records, the person is eligible to vote in
the election and has not previously voted in that election.
(c) If a provisional ballot is accepted, the board shall enter
the voter's name on a list of voters whose provisional ballots
are accepted.
(d) If a provisional ballot is rejected, the board shall
indicate the rejection by marking "rejected" on the envelope
containing the provisional ballot.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1,
2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1078, Sec. 2, eff. September 1, 2007.
Sec. 65.055. DISPOSITION OF ACCEPTED PROVISIONAL BALLOT AND
AFFIDAVIT. (a) The early voting ballot board shall open each
envelope containing an accepted provisional ballot without
defacing the affidavit located on the outside of the envelope and
shall remove the ballot.
(b) The board shall place the ballot in a ballot box containing
all the provisional ballots accepted for voting in the election.
(c) For each accepted provisional ballot, the board shall place
the corresponding envelope on which is printed the voter's
affidavit executed under Section 63.011 in a sealed envelope and
shall deliver the envelope to the general custodian of election
records, to be retained for the period for preserving precinct
election returns.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1,
2004.
Sec. 65.056. DISPOSITION OF REJECTED PROVISIONAL BALLOT. (a)
If the affidavit on the envelope of a rejected provisional ballot
contains the information necessary to enable the person to
register to vote under Chapter 13, the voter registrar shall make
a copy of the affidavit under procedures prescribed by the
secretary of state. The voter registrar shall treat the copy as
an application for registration under Chapter 13.
(b) The early voting ballot board shall place the envelopes
containing rejected provisional ballots in an envelope and shall
seal the envelope. More than one envelope may be used if
necessary.
(c) The envelope for the rejected provisional ballots must
indicate the date and identity of the election, be labeled
"rejected provisional ballots," and be signed by the board's
presiding judge.
(d) A board member shall deliver the envelope containing the
rejected provisional ballots to the general custodian of election
records to be preserved for the period for preserving the
precinct election records. The envelope may not be placed in the
box containing the accepted provisional ballots.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1,
2004.
Sec. 65.057. PROCESSING ACCEPTED PROVISIONAL BALLOTS. (a) The
early voting ballot board shall count accepted provisional
ballots as follows:
(1) for ballots to be counted manually, in the manner provided
by Subchapter D, Chapter 87;
(2) for ballots to be counted by automatic tabulating equipment
at a central counting station, in the manner provided by
Subchapter F, Chapter 87; and
(3) for ballots to be counted by any other means, in the manner
provided by rules adopted by the secretary of state.
(b) On counting the ballots under this section, the board shall
report the results to the local canvassing authority for the
election.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1,
2004.
Sec. 65.058. PRESERVATION OF PROVISIONAL VOTING RECORDS
GENERALLY. The returns of provisional ballots that are accepted,
the accepted ballots, and other provisional voting records shall
be preserved after the election in the same manner as the
corresponding precinct election returns.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1,
2004.
Sec. 65.059. NOTICE TO PROVISIONAL VOTER. The secretary of
state shall prescribe procedures to implement a system to allow a
person who casts a provisional ballot under Section 63.011 to
obtain access free of charge to information on the disposition of
the person's ballot. The system:
(1) must allow the person to determine whether the person's
ballot was counted, and, if the person's ballot was not accepted,
must indicate the reason why;
(2) must provide the information only to the person who cast the
provisional ballot; and
(3) may involve the use of a toll-free telephone number or the
Internet.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 35, eff. Jan. 1,
2004.
Sec. 65.060. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S LICENSE, OR
PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT AFFIDAVIT.
A social security number, Texas driver's license number, or
number of a personal identification card issued by the Department
of Public Safety furnished on a provisional ballot affidavit is
confidential and does not constitute public information for
purposes of Chapter 552, Government Code. The general custodian
of election records shall ensure that a social security number,
Texas driver's license number, or number of a personal
identification card issued by the Department of Public Safety is
excluded from disclosure.
Added by Acts 2005, 79th Leg., Ch.
1107, Sec. 1.13, eff. September 1, 2005.