CHAPTER 124. VOTING SYSTEM BALLOT

ELECTION CODE

TITLE 8. VOTING SYSTEMS

CHAPTER 124. VOTING SYSTEM BALLOT

SUBCHAPTER A. VOTING SYSTEM BALLOT GENERALLY

Sec. 124.001. STRAIGHT-PARTY ARRANGEMENT. In an election in

which voters are entitled to cast straight-party votes, the

voting system ballot shall be arranged to permit the voters to do

so.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.07, eff. January 1, 2006.

Sec. 124.002. MANNER OF INDICATING PARTY ALIGNMENT. (a) In an

election in which a candidate's name is to appear on the ballot

as the nominee of a political party, the voting system ballot

shall be arranged:

(1) in party columns in the same manner as for a regular paper

ballot on which a party nominee appears; or

(2) by listing the office titles in a vertical column in the

same manner as for a regular paper ballot on which a party

nominee does not appear, except that the nominees' party

alignments shall be indicated next to their names.

(b) The order in which party nominees listed by office title

appear on a voting system ballot is determined in accordance with

the same priorities and in the same manner as for party nominees

listed in party columns, with the changes appropriate to the

circumstances.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.08, eff. January 1, 2006.

Sec. 124.003. SEPARATE LISTING OF UNOPPOSED CANDIDATES; BLOC

VOTING. (a) Any unopposed candidates may be listed separately

under the heading "Uncontested Races" on a voting system ballot.

(b) In an election in which the ballots indicate political party

alignment, the party alignment of the candidates listed under the

uncontested races heading shall be indicated next to the

candidate's name.

(c) Candidates listed under the uncontested races heading may be

arranged in a manner requiring voting on them as one or more

blocs, but only if an additional ballot would otherwise be

necessary to accommodate all the candidates and propositions to

be listed.

(d) The requirement that the ballot be arranged to permit

straight-party voting does not apply to candidates listed under

the uncontested races heading.

(e) Section 2.056 supersedes this section to the extent of any

conflict.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 2003, 78th Leg., ch. 1061, Sec. 3.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.09, eff. January 1, 2006.

Sec. 124.004. SAMPLE BALLOT. The secretary of state may

prescribe standards regarding the form, content, preparation, and

use of sample ballots for voting systems.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 124.005. SPECIMEN BALLOT. (a) The secretary of state may

prescribe standards regarding the form, content, preparation,

availability, and use of specimen ballots in elections using

voting systems. The standards are not required to be consistent

with those prescribed by this code for elections using regular

paper ballots.

(b) The secretary of state may provide, with respect to

elections in which voting systems are used:

(1) alternatives to the use of specimen ballots; or

(2) that specimen ballots are not required.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 124.006. IMPLEMENTATION OF PROVISIONAL BALLOT SYSTEM. The

secretary of state shall prescribe the form of a provisional

ballot and the necessary procedures to implement the casting of a

provisional ballot as described by Section 63.011 and the

verification and processing of provisional ballots under

Subchapter B, Chapter 65, for each voting system used in this

state.

Added by Acts 1997, 75th Leg., ch. 1078, Sec. 20, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 50, eff.

Jan. 1, 2004.

SUBCHAPTER C. ELECTRONIC VOTING SYSTEM BALLOT

Sec. 124.062. FORM OF ELECTRONIC SYSTEM BALLOT. (a) The

electronic system ballot may be any size, composition, color, and

texture that is suitable for the electronic voting system in

which it is used, but the ballot may not be the same color as

sample ballots.

(b) The secretary of state may authorize the use of electronic

system ballots that comprise two or more separate parts and may

prescribe conditions and limitations under which the multipart

ballots may be used. A voting system using a multipart ballot

must comply with the same standards as a voting system using a

ballot consisting of only a single part.

(c) The electronic system ballot may contain one or more printed

code markings or punched holes if necessary for the proper voting

and processing of the ballot.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 124.0621. NO WRITE-IN SPACE PROVIDED ON CERTAIN BALLOTS.

If no candidate's name is to appear for a particular office on

the list of write-in candidates in an election in which write-in

votes may be counted only for names appearing on the list, a

write-in space is not required for that office on an electronic

system ballot on which a voter indicates a vote by making a mark

on the ballot.

Added by Acts 1987, 70th Leg., ch. 472, Sec. 35, eff. Sept. 1,

1987; Acts 1987, 70th Leg., ch. 497, Sec. 3, eff. Sept. 1, 1987.

Sec. 124.063. INSTRUCTIONS REQUIRED ON BALLOT. (a) An

electronic system ballot on which a voter indicates a vote by

making a mark on the ballot must contain the following

instruction if candidates are to be voted on: "Vote for the

candidate of your choice in each race by making a mark in the

space provided adjacent to the name of that candidate." If a

proposition appears on the ballot, the ballot must contain the

following instruction: "Make a mark in the space provided beside

the statement indicating the way you desire to vote."

(b) The instructions prescribed by Subsection (a) shall be

changed appropriately if the election has only one race, more

than one candidate is to be elected in a race, or other

circumstances require an alteration of the instructions.

(c) The electronic system ballot must contain instructions for

casting a write-in vote. The secretary of state shall prescribe

the wording of the instructions.

(d) The electronic system ballot for an election in which

straight-party voting is allowed must contain the instruction

prescribed by Section 52.071(b) with the language relating to

placing an "X" in the party square changed as appropriate to

accommodate the method by which the voter indicates a vote.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 472, Sec. 36, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 47, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.10, eff. January 1, 2006.

Sec. 124.064. SEPARATE BALLOT PART FOR WRITE-IN VOTING. (a)

The electronic system ballot may include a separate part for

write-in voting.

(b) The separate write-in part may be an envelope or any other

form authorized by this code for electronic system ballots and

must otherwise conform to standards prescribed by the secretary

of state regarding its style, form, and content.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 124.065. PAPER BALLOT FOR OFFICE OF PRECINCT CHAIR. (a)

The authority adopting an electronic voting system for use in a

primary election may provide by resolution, order, or other

official action for voting by paper ballot for the party office

of precinct chair.

(b) The paper ballot for precinct chair must conform to the

applicable standards governing regular paper ballots, except that

the ballot shall be limited to the office of precinct chair.

(c) The secretary of state shall prescribe the form of the

ballot for precinct chair consistent with this section.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 85, eff. Sept. 1, 1997.

Sec. 124.066. CONSULTATION WITH PROGRAMMER ON BALLOT

PREPARATION. In an election in which a programmer is appointed

to program automatic tabulating equipment for processing

electronic system ballots, the authority responsible for having

the official ballot prepared shall confer with the programmer on

the proper preparation of the ballots before having them

prepared.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.