SB 2753

relating to the time, place, and manner of voting, including
abolishing early and absentee voting, providing for a voting
period, and establishing voting centers; reestablishing criminal
offenses and authorization for certain fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1.  CONDUCT OF ELECTIONS
SECTION 1.001.  Chapter 31, Election Code, is amended by
adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1.  DEPUTY CLERK FOR VOTING BY MAIL
Sec. 31.061.  DEPUTY CLERK GENERALLY.  (a)  Deputy clerks may
be appointed as provided by this subchapter to assist the county
clerk in administering voting by mail in the county.
(b)  A deputy clerk under this subchapter is an officer of
the election in which the deputy serves.
(c)  A deputy clerk under this subchapter has the same
authority as the county clerk in conducting voting by mail, subject
to the county clerk's supervision.
Sec. 31.062.  DEPUTY FOR COUNTY CLERK OR CITY SECRETARY.  (a)
In an election in which a county clerk or a city secretary is
performing the functions of a county clerk with regard to voting by
mail, the county clerk or city secretary by written order may
appoint one or more of that officer's permanent deputies as deputy
clerks under this subchapter.  The clerk or secretary may appoint
temporary deputies to serve as deputy clerks under this subchapter
in accordance with the law applicable to the appointment of
(b)  For a temporary deputy to be eligible for appointment as
a deputy clerk under this section, the temporary deputy must meet
the requirements for eligibility for service as a presiding
(1)  an appointee is not required to be a qualified
voter of any particular territory other than the county, in the case
of an appointment by a county clerk, or the city, in the case of an
appointment by a city secretary;
(2)  in an election in which the county clerk is a
candidate, an appointee's status as an employee of the clerk does
not make the appointee ineligible for appointment as a deputy
(3)  an appointee who is a permanent employee of the
county or city, as applicable, and a qualified voter of any
territory is not required to be a qualified voter of the county or
Sec. 31.063.  DEPUTY FOR OTHER CLERKS.  (a)  In an election
in which a person other than a county clerk or a city secretary is
performing the functions of a county clerk with regard to voting by
mail, the authority appointing the clerk, by written order, may
appoint one or more deputy clerks under this subchapter.
(b)  To be eligible for appointment as a deputy clerk under
this section, a person must meet the requirements for eligibility
for appointment as the county clerk.
Sec. 31.064.  EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS
DEPUTY.  An employee of a political subdivision may serve as a
deputy clerk under this subchapter in an election affecting the
political subdivision if the political subdivision's governing
SECTION 1.002.  Section 32.003, Election Code, is amended to
Sec. 32.003.  JUDGES FOR VOTING CENTER [CONSOLIDATED COUNTY
ELECTION PRECINCTS].  If election precincts are assigned to a
voting center [consolidated in a special election in which the
regular county election precincts are required to be used], the
commissioners court shall appoint the election judges to serve in
each voting center [consolidated precinct] from among the judges
appointed for the precincts assigned to the voting center
[comprising the consolidated precinct].
SECTION 1.003.  Subchapter A, Chapter 41, Election Code, is
amended by adding Sections 41.009 and 41.010 to read as follows:
Sec. 41.009.  METHOD OF VOTING.  A voter in this state may
(1)  in person on election day or during the voting
(2)  by mail in the time and manner provided by this
Sec. 41.010.  VOTING PERIOD.  The voting period begins on the
eighth day before election day and continues through the day before
election day, including Saturdays, Sundays, and holidays.
SECTION 1.004.  Section 41.031, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
(a)  On election day [Except as provided by Section 41.033],
the polls shall be opened at 7 a.m. for voting and shall be closed at
7 p.m., except as provided by Section 41.033.
(a-1)  On each day of the voting period, the polls shall be
(1)  in a county with a population of 50,000 or more,
for the same hours as on election day; and
(2)  in a county with a population of less than 50,000,
for not fewer than eight consecutive hours between 6 a.m. and 7
p.m., provided the polls shall be open for voting for the same hours
SECTION 1.005.  Section 42.002(b), Election Code, is amended
(b)  Except as provided by Section 42.0052 [Sections 42.008
and 42.009], county election precincts may not be combined or
SECTION 1.006.  Subchapter A, Chapter 42, Election Code, is
amended by adding Section 42.0052 to read as follows:
Sec. 42.0052.  VOTING CENTERS.  (a)  The commissioners court
may create one or more voting centers in the county. Except as
provided by this section, a voting center is a polling place and is
subject to all laws applicable to a polling place.
(b)  The commissioners court may assign one or more election
precincts to a voting center. A precinct that is assigned to a
voting center may not operate a separate polling place for the
(c)  Election precincts assigned to a voting center may not
serve a total of more than 5,000 registered voters.
(d)  If the commissioners court creates more than one voting
center, the number of voters served by the smallest voting center in
the county may not be less than 95 percent of the number of voters
served by the largest voting center in the county.
SECTION 1.007.  Section 43.002(b), Election Code, is amended
(b)  If county election precincts are assigned to a voting
center under Section 42.0052 [consolidated], the commissioners
court shall designate the location of the voting center [polling
place for the consolidated precinct].
SECTION 1.008.  Section 43.003, Election Code, is amended to
Sec. 43.003.  DESIGNATION OF LOCATION:  PRIMARY ELECTION.
The county chair of a political party holding a primary election
shall designate the location of the polling place for each election
precinct in the primary unless the precinct is one that is assigned
to a voting center under Section 42.0052 [consolidated].  In that
case, the county executive committee shall designate the location
SECTION 1.009.  Title 6, Election Code, is amended by adding
Subtitle A, and a heading is added to that subtitle to read as
SECTION 1.010.  Chapters 61, 62, 63, and 64, Election Code,
are transferred to Subtitle A, Title 6, Election Code, as added by
this Act, reenacted, and amended to read as follows:
CHAPTER 61.  CONDUCT OF VOTING IN PERSON GENERALLY
SUBCHAPTER A.  GENERAL PROVISIONS
Sec. 61.001.  BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF
CANDIDATE.  (a)  Except as permitted by this code and as described
by Subsection (b) [(a-1)], a person may not be in the polling place
from the time the presiding judge arrives there on the first day of
the voting period [election day] to make the preliminary
arrangements until the precinct returns have been certified and the
election records have been assembled for distribution following the
(b) [(a-1)]  Under this code, a person may be lawfully
present in a polling place during the time described by Subsection
(1)  an election judge or clerk;
(4)  a staff member of the Elections Division of the
Office of the Secretary of State performing an official duty in
(5)  an election official, a sheriff, or a staff member
of an election official or sheriff delivering election supplies;
(7)  a person admitted to vote;
(8)  a child under 18 years of age who is accompanying a
parent who has been admitted to vote;
(9)  a person providing assistance to a voter under
(10)  a person accompanying a voter who has a
(11)  a special peace officer appointed by the
presiding judge under Section 32.075;
(12)  the county chair of a political party conducting
a primary election, as authorized by Section 172.1113;
(13)  a voting system technician, as authorized by
(14)  the county election officer, as defined by
Section 31.091, as necessary to perform tasks related to the
administration of the election; or
(15)  a person whose presence has been authorized by
the presiding judge in accordance with this code.
(c) [(b)]  A candidate in the election commits an offense if
the candidate is in a polling place during the period described by
Subsection (a) for a purpose other than:
(2)  official business in the building in which the
(d) [(c)]  It is an exception to the application of
Subsection (c) [(b)] that the candidate:
(1)  is not within plain view or hearing of the persons
in the voting area or the area in which voters are being accepted
(2)  is not engaged in campaign activity.
(e) [(d)]  An offense under this section is a Class C
Sec. 61.002.  OPENING AND CLOSING POLLING PLACE FOR VOTING.
(a)  Immediately before opening the polls for voting on the first
day of the [early] voting period [and on election day], the
presiding election judge or alternate election judge shall confirm
that each voting machine has any public counter reset to zero and
shall print the tape that shows the counter was set to zero for each
candidate or measure on the ballot.
(b)  At the official time for opening the polls for voting,
an election officer shall open the polling place entrance and admit
(c)  Immediately after closing the polls for voting on
election day, the presiding election judge or alternate election
judge shall print the tape to show the number of votes cast for each
candidate or ballot measure for each voting machine.
(d)  Each election judge or alternate election judge present
shall sign a tape printed under this section.
Sec. 61.003.  ELECTIONEERING AND LOITERING NEAR POLLING
PLACE.  (a) A person commits an offense if, while the polls are open
for voting [during the voting period] and within 100 feet of an
outside door through which a voter may enter the building in which a
polling place is located, the person:
(2)  electioneers for or against any candidate,
(b) [(a-1)]  The entity that owns or controls a public
building being used as a polling place may not, at any time while
the polls are open for voting [during the voting period], prohibit
electioneering on the building's premises outside of the area
described in Subsection (a), but may enact reasonable regulations
concerning the time, place, and manner of electioneering.
(c) [(b)]  In this section, "electioneering"[:
[(1)  "Electioneering"] includes the posting, use, or
distribution of political signs or literature.  The term does not
include the distribution of a notice of a party convention
authorized under Section 172.1114.
(d) [(2)  "Voting period" means the period beginning when
the polls open for voting and ending when the polls close or the
last voter has voted, whichever is later.
[(c)]  An offense under this section is a Class C
Sec. 61.004.  UNLAWFUL OPERATION OF SOUND AMPLIFICATION
DEVICE OR SOUND TRUCK.  (a)  A person commits an offense if, while
the polls are open for voting [during the voting period] and within
1,000 feet of a building in which a polling place is located, the
person operates a sound amplification device or a vehicle with a
loudspeaker while the device or loudspeaker is being used for the
(1)  making a political speech; or
(2)  electioneering for or against any candidate,
(b)  For the purpose of Subsection (a), a person operates a
vehicle with a loudspeaker if the person drives the vehicle, uses
the loudspeaker, or operates sound equipment in connection with the
(c)  [In this section, "voting period" means the period
prescribed by Section 61.003(b).
[(d)]  An offense under this section is a Class C
Sec. 61.005.  SECURITY OF BALLOTS, BALLOT BOXES, AND
ENVELOPES.  (a)  From the time a presiding judge receives the
official ballots for an election until the precinct returns for
that election have been certified, the presiding judge shall take
the precautions necessary to prevent access to the ballots, ballot
boxes, and envelopes used for provisional ballots in a manner not
(b)  The ballots, ballot boxes, and envelopes used for
provisional ballots at a polling place shall, [be in plain view of
at least one election officer] from the time the polls open for
voting on the first day of the voting period until the precinct
returns have been certified, be:
(1)  in plain view of at least one election officer
(2)  secured in the manner prescribed by the secretary
of state while polls are closed.
(c)  A presiding election judge commits an offense if the
judge fails to prevent another person from handling a ballot box
containing voters' marked ballots or an envelope containing a
voter's provisional ballot in an unauthorized manner or from making
an unauthorized entry into the ballot box or envelope.  An offense
under this subsection is a Class A misdemeanor.
Sec. 61.006.  UNLAWFULLY DIVULGING VOTE.  (a)  A person
commits an offense if the person was in a polling place for any
purpose other than voting and knowingly communicates to another
person information that the person obtained at the polling place
(b)  An offense under this section is a felony of the third
(c)  This section does not apply to information presented in
an official investigation or other official proceeding in which the
Sec. 61.007.  UNLAWFULLY REVEALING INFORMATION BEFORE POLLS
CLOSE.  (a)  An election officer, watcher, or other person serving
at a polling place in an official capacity commits an offense if,
before the polls close or the last voter has voted, whichever is
later, the officer, watcher, or other person reveals:
(1)  the number of votes that have been received for a
candidate or for or against a measure;
(2)  a candidate's position relative to other
candidates in the tabulation of the votes;
(3)  whether a measure is passing or failing; or
(4)  the names of persons who have or have not voted in
(b)  An offense under this section is a Class A misdemeanor.
(c)  On each day of the voting period and on election day,
beginning [Beginning] at 9:30 a.m. and at each subsequent two-hour
interval through 5:30 p.m., the presiding judge shall post written
notice of the total number of voters who have voted in the precinct.
The notice shall be posted at an outside door through which a voter
may enter the building in which the polling place is located.  The
presiding judge in a county described by Section 41.031(a-1)(2) is
not required to post the notice if, at a time for posting the notice
during the voting period, polls are not open for voting.
Sec. 61.008.  UNLAWFULLY INFLUENCING VOTER.  (a)  A person
commits an offense if the person indicates to a voter in a polling
place by word, sign, or gesture how the person desires the voter to
(b)  An offense under this section is a Class B misdemeanor.
Sec. 61.009.  INSTRUCTING VOTER ON CASTING BALLOT.  On the
request of a voter, an election officer shall instruct the voter on
the proper procedure for casting a ballot.
Sec. 61.010.  WEARING NAME TAG OR BADGE IN POLLING PLACE.
(a)  Except as provided by Subsection (b), a person may not wear a
badge, insignia, emblem, or other similar communicative device
relating to a candidate, measure, or political party appearing on
the ballot, or to the conduct of the election, in the polling place
or within 100 feet of any outside door through which a voter may
enter the building in which the polling place is located.
(b)  An election judge, an election clerk, a state or federal
election inspector, a certified peace officer, or a special peace
officer appointed for the polling place by the presiding judge
shall wear while on duty in the area described by Subsection (a) a
tag or official badge that indicates the person's name and title or
(c)  A person commits an offense if the person violates
Subsection (a).  An offense under this subsection is a Class C
Sec. 61.011.  REMOVING WRITTEN COMMUNICATIONS FOUND IN
POLLING PLACE.  (a)  An election officer shall periodically check
each voting station and other areas of the polling place for sample
ballots or other written communications used by voters that were
left or discarded in the polling place.
(b)  An election officer shall remove from the sight of the
voters any written communication found under Subsection (a).
Sec. 61.012.  ACCESS BY PERSONS WITH DISABILITIES.  (a)
Except as provided by Section 61.013, each polling place must
provide at least one voting station that:
(A)  Section 504 of the federal Rehabilitation Act
of 1973 (29 U.S.C. Section 794) and its subsequent amendments;
(B)  Title II of the federal Americans with
Disabilities Act (42 U.S.C. Section 12131 et seq.) and its
(C)  the requirements for accessibility under 52
U.S.C. Section 21081(a)(3) [42 U.S.C. Section 15481(a)(3)] and its
(2)  provides a practical and effective means for
voters with physical disabilities to cast a secret ballot.
Sec. 61.013.  ACCESS BY PERSONS WITH DISABILITIES: ELECTIONS
OF CERTAIN POLITICAL SUBDIVISIONS.  (a)  For an election other than
an election of a political subdivision that is held jointly with
another election in which a federal office appears on the ballot,
the political subdivision is not required to meet the requirements
of Section 61.012(a)(1)(C) if the political subdivision:
(1)  is a county with a population of less than 2,000;
(2)  is a county with a population of 2,000 or more but
less than 5,000, and the county provides at least one voting station
that meets the requirements for accessibility under 52 U.S.C.
Section 21081(a)(3) [42 U.S.C. Section 15481(a)(3)] on election
(3)  is a county with a population of 5,000 or more but
less than 10,000, and the county provides at least one voting
station that meets the requirements for accessibility under 52
U.S.C. Section 21081(a)(3) [42 U.S.C. Section 15481(a)(3)] on
election day and during the voting period [for early voting by
(4)  is a county with a population of 10,000 or more but
less than 20,000, and the county:
(A)  makes a showing in the manner provided by
Subsection (c) that compliance with Section 61.012(a)(1)(C)
constitutes an undue burden on the county;
(B)  provides at least one voting station that
meets the requirements for accessibility under 52 U.S.C. Section
21081(a)(3) [42 U.S.C. Section 15481(a)(3)] on election day and
during the voting period [for early voting by personal appearance];
(C)  provides a mobile voting station that meets
the requirements for accessibility under 52 U.S.C. Section
21081(a)(3) [42 U.S.C. Section 15481(a)(3)] that during the voting
period [for early voting by personal appearance] is deployed at
least once at each polling place [used for early voting by personal
(5)  is located in a county described by Subdivisions
(1)-(4) and meets the same requirements as the county in which the
political subdivision is located.
(b)  A voter with a disability who [that] desires a
reasonable accommodation to vote in an election of a county
described by Subsection (a)(1) or a political subdivision located
in that county shall make a request for the accommodation with the
county [early voting] clerk of the county or political subdivision
not later than the 21st day before the date of the election.  On
receipt of the request, the county [early voting] clerk shall make a
reasonable accommodation to allow the voter to cast a vote.
(c)  A county or political subdivision may make a showing of
undue burden under Subsection (a)(4)(A) by filing an application
with the secretary of state not later than the 90th day before the
date of the election that states the reasons that compliance would
constitute an undue burden.  A showing of an undue burden may be
satisfied by proof that the election costs associated with
compliance with Section 61.012(a)(1)(C) constitute a significant
expense for the county or political subdivision and reflect an
increase of at least 25 percent in the costs of holding an election
as compared to the costs of the last general election held by the
county or political subdivision before January 1, 2006.  Not later
than the 20th day after the date of receiving an application under
this section, the secretary of state shall determine whether
compliance with Section 61.012(a)(1)(C) is an undue burden for the
county or political subdivision.
(d)  A county or political subdivision that intends to use
this section to provide fewer voting stations that meet the
requirements for accessibility under 52 U.S.C. Section 21081(a)(3)
[42 U.S.C. Section 15481(a)(3)] than required by Section
(1)  provide notice to the secretary of state of that
intent not later than the 90th day before the date of the election;
(2)  for a county described by Subsection (a)(2), (3),
or (4), or a political subdivision located in such a county, publish
notice of the location of each voting station that meets the
requirements for accessibility under 52 U.S.C. Section 21081(a)(3)
[42 U.S.C. Section 15481(a)(3)] in a newspaper of general
circulation in the county or political subdivision not later than
the 15th day before the date of the start of the voting period [of
early voting by personal appearance].
(e)  For purposes of this section, a political subdivision
located in more than one county may choose:
(1)  to be considered located in the county that
contains the greatest number of registered voters of the political
(2)  for each portion of the political subdivision
located in a different county, to be considered a separate
(f)  The secretary of state shall prescribe procedures and
adopt rules as necessary to implement this section.
Sec. 61.014.  USE OF CERTAIN DEVICES.  (a)  A person may not
use a wireless communication device within 100 feet of a voting
(b)  A person may not use any mechanical or electronic means
of recording images or sound within 100 feet of a voting station.
(c)  The presiding judge may require a person who violates
this section to turn off the device or to leave the polling place.
(d)  This section does not apply to:
(1)  an election officer in conducting the officer's
(2)  the use of election equipment necessary for the
(3)  a person who is employed at the location in which a
polling place is located while the person is acting in the course of
Sec. 61.031.  USE OF ENGLISH LANGUAGE.  (a)  Except as
provided by Subsection (b), an election officer may not use a
language other than English in performing an official duty in
(b)  If a voter cannot communicate in English, an election
officer may communicate with the voter in a language that the voter
Sec. 61.032.  INTERPRETER PERMITTED.  If an election officer
who attempts to communicate with a voter does not understand the
language used by the voter, the voter may communicate through an
interpreter selected by the voter or, if the voter has not selected
an interpreter, any interpreter an election officer may appoint.
Sec. 61.033.  ELIGIBILITY TO SERVE AS INTERPRETER.  To be
eligible to serve as an interpreter, a person:
(1)  may be any person 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; and
(2)  if appointed to serve as an interpreter by an
election officer, must be a registered voter of the county in which
the voter needing the interpreter resides or a registered voter of
Sec. 61.034.  TRANSLATING BALLOT.  If a voter cannot
comprehend the language in which the ballot is printed, the voter
may receive assistance in accordance with Subchapter B, Chapter 64.
Sec. 61.035.  OATH.  (a)  Before serving as an interpreter,
the person selected as interpreter must take the following oath
administered by an election officer:
"I swear (or affirm) that, to the best of my ability, I will
correctly interpret and translate each question, answer, or
statement addressed either to the voter by any election officer or
to an election officer by the voter."
(b)  A person who will be providing ballot assistance under
Section 61.034 must also take the oath required by Subchapter B,
Chapter 64, and meet all other requirements of that subchapter.
Sec. 61.036.  TRANSLATION REQUIRED.  (a)  If an election
officer and a voter communicate in a language other than English,
any other election officer or watcher may request an English
translation of anything communicated in the other language.
(b)  If a translation request is made, the election officer
communicating with the voter shall make the translation.
SUBCHAPTER C.  VOTING BY DISABLED VOTER FROM VOTING SYSTEM PRECINCT
Sec. 61.041.  ELIGIBILITY.  A qualified voter in whose
precinct polling place voting is conducted by voting machine is
eligible to vote by the mail ballot procedure provided by this
subchapter if the voter has a sickness or physical condition that
prevents the voter from voting in the regular manner without
personal assistance or a likelihood of injuring the voter's health.
Sec. 61.042.  FORM AND CONTENTS OF APPLICATION.  An
application to vote by mail under this subchapter must:
(1)  be in the form of an affidavit; and
(2)  include, in addition to the information required
by the applicable provisions of Section 72.002, a statement that
the applicant has not previously voted in the election.
Sec. 61.043.  TIME AND PLACE FOR VOTING.  Voting under this
subchapter shall be conducted on election day, beginning at 7 a.m.
and concluding at 7 p.m., at the county clerk's office.  However, if
the mail ballots are processed at a location other than the county
clerk's office, the county clerk may require the voting to be
Sec. 61.044.  VOTING PROCEDURE.  (a)  On submission of an
application to the county clerk, the clerk shall review the
application and verify the applicant's registration status in
accordance with the procedure applicable to voting by mail.
(b)  The voting shall be conducted with the balloting
(c)  The voter must mark and seal the ballot in the same
manner as if voting by mail except that the certificate on the
carrier envelope need not be completed.
(d)  On sealing the carrier envelope, the voter must give it
to the clerk, who shall note on the envelope that the ballot is
(e)  If the voter is physically unable to enter the county
clerk's office without personal assistance or a likelihood of
injuring the voter's health, the clerk shall deliver the balloting
materials to the voter at the office's entrance or curb following
the procedures prescribed by Section 64.009.
Sec. 61.045.  PROCESSING RESULTS.  The results of voting
under this subchapter shall be processed in accordance with the
procedures applicable to processing mail ballots.
Sec. 61.046.  ENTRY ON SIGNATURE ROSTER.  The signature
roster must include the name of each person voting under this
subchapter with a notation indicating that the person voted under
CHAPTER 62.  PRELIMINARY ARRANGEMENTS
Sec. 62.001.  OFFICERS TO ASSEMBLE.  (a)  On each day of the
voting period and on election day, the presiding judge and the
election clerks the judge assigns to assist with preparing the
polling place shall meet at the polling place in time to prepare it
(b)  If the polling place is left unattended at any time
after the preparations for voting begin, the presiding judge shall
take appropriate steps to provide for the security of the polling
place.  This subsection does not affect the security requirements
for a polling place after the polls open.
Sec. 62.002.  TIME FOR COMPLETING ARRANGEMENTS.  Except as
otherwise provided by this chapter, the arrangements prescribed by
this chapter shall be completed at a polling place before it is
Sec. 62.003.  ELECTION OFFICERS: OATH AND IDENTIFICATION.
(a)  The presiding judge and the election clerks present at the
polling place before the polls open shall repeat the following oath
"I swear (or affirm) that I will not in any manner request or
seek to persuade or induce any voter to vote for or against any
candidate or measure to be voted on, and that I will faithfully
perform my duty as an officer of the election and guard the purity
(b)  A clerk who arrives after the oath is made shall repeat
the oath aloud before performing any duties as an election officer.
(c)  Following administration of the oath, each election
officer shall be issued a form of identification, prescribed by the
secretary of state, to be displayed by the officer during the
officer's hours of service at the polling place.
Sec. 62.004.  ARRANGING VOTING STATIONS.  The voting
stations shall be arranged so that:
(1)  the voting area is in view of the election
officers, watchers, and persons waiting to vote but is separated
from the persons waiting to vote;
(2)  access to the voting area through any entrance
other than one designated by the presiding judge is prevented; and
(3)  the voting area is adequately lighted.
Sec. 62.005.  EXAMINING BALLOT BOXES.  An election officer
shall open and examine the ballot boxes and remove any contents from
Sec. 62.006.  PLACING BOX FOR DEPOSIT OF MARKED BALLOTS.  The
ballot box to be used by the voters to deposit marked ballots shall
be locked.  The ballot box and the box used for the deposit of
provisional ballots shall be placed where they will be in plain view
of the election officers, watchers, and persons waiting to vote.
Sec. 62.007.  EXAMINING BALLOTS.  (a)  An election officer
shall unseal the ballot package, remove the ballots, and examine
them to determine whether they are properly numbered and printed.
(b)  An unnumbered or otherwise defectively printed ballot
shall be placed in ballot box no. 4.
Sec. 62.008.  PRESIDING JUDGE TO SIGN BALLOTS.  (a)  The
presiding judge's signature shall be placed on the back of each
ballot to be used at the polling place.
(b)  The judge shall sign each ballot or an election officer
shall stamp a facsimile of the judge's signature on each ballot.
(c)  The signing of ballots need not be completed before the
polls open, but an unsigned ballot may not be made available for
Sec. 62.009.  DISARRANGING BALLOTS FOR VOTERS' SELECTION.
(a)  As needed for voting, an election officer shall disarrange a
supply of the ballots so that they are in random numerical order.
(b)  The disarranged ballots shall be placed face down on a
table in a manner preventing an election officer or other person
from ascertaining the number of a ballot selected by a voter.
(c)  The provisional ballots shall be placed separately from
Sec. 62.010.  DISTANCE MARKER.  (a)  An election officer
shall place one or more distance markers at the outer limits of the
area within which electioneering is prohibited.
(b)  A distance marker must contain the following language
printed in large letters: "Distance Marker.  No electioneering or
loitering between this point and the entrance to the polling
Sec. 62.011.  INSTRUCTION POSTER.  (a) An election officer
shall post an instruction poster:
(1)  in each voting station; and
(2)  in one or more other locations in the polling place
where it can be read by persons waiting to vote.
(b)  The secretary of state shall prescribe the form and
content of the instruction poster. If it is not practical to fit all
of the information required by this section on a single poster, the
secretary of state may provide for the use of two or more posters to
(c)  The poster must include instructions applicable to the
(1)  marking and depositing the ballot;
(2)  voting for a write-in candidate;
(3)  casting a provisional ballot; and
(4)  securing an additional ballot if the voter's
(d)  The poster must also include the following information:
(1)  the date of the election and the hours during which
(2)  general information on voting rights under state
and federal laws, including information on the right of an
individual to cast a provisional ballot and the individuals to
contact if a person believes these rights have been violated; and
(3)  general information on state and federal laws that
prohibit acts of fraud or misrepresentation.
Sec. 62.0111.  NOTICE OF PROHIBITION OF CERTAIN DEVICES.
(a) At the discretion of the presiding judge, notice of the
prohibition of the use of certain devices under Section 61.014 may
be posted at one or more locations in the polling place where it can
be read by persons waiting to vote.
(b)  The secretary of state shall prescribe the wording of a
notice posted under this section.
Sec. 62.0112.  NOTICE OF VOTER COMPLAINT INFORMATION.  (a)
At one or more locations in the polling place easily visible to
voters, the presiding judge shall post notice in a form prescribed
by the secretary of state that informs voters of whom [who] to call
or write to if a voter has a complaint about the conduct of the
(b)  The title of the notice must read "Voter Complaint
Information" and must be printed in at least 100-point Times New
(1)  include the telephone number for the voting rights
hotline established by the secretary of state under Section
(2)  include any available telephone number dedicated
to reporting complaints about the local election official that is
administering the election; and
(3)  include mailing addresses or Internet websites, as
available, to which voters may direct complaints to the federal,
state, or local governments about the conduct of elections.
Sec. 62.0115.  PUBLIC NOTICE OF VOTERS' RIGHTS. (a) The
secretary of state shall adopt rules providing for publicizing
voters' rights as prescribed by this section. The rules must
require that a notice of those rights be publicized:
(1)  by being posted by an election officer in a
prominent location at each polling place;
(2)  on the Internet website of the secretary of state;
(3)  through material published by the secretary of
(4)  in another manner designed to give voters notice
(b)  Except as revised by the secretary of state under
Subsection (d), the notice must state that a voter has the right to:
(1)  vote a ballot and view written instructions on how
(2)  vote in secret and free from intimidation;
(3)  receive up to two additional ballots if the voter
mismarks, damages, or otherwise spoils a ballot;
(4)  request instructions on how to cast a ballot, but
not to receive suggestions on how to vote;
(5)  bring an interpreter to translate the ballot and
any instructions from election officials;
(6)  receive assistance in casting the ballot if the
(A)  has a physical disability that renders the
voter unable to write or see; or
(B)  cannot read the language in which the ballot
(7)  cast a ballot on executing an affidavit as
provided by law, if the voter's eligibility to vote is questioned;
(8)  report an existing or potential abuse of voting
rights to the secretary of state or the local election official;
(9)  [except as provided by Section 85.066(b), Election
Code,] vote during the [at any early] voting period [location in the
county in which the voter resides] in an election held at county
expense, a primary election, or a special election ordered by the
governor at a location in which the voter would be eligible to vote
(10)  file an administrative complaint with the
secretary of state concerning a violation of federal or state
(c)  The notice must also state:
(1)  the information relating to the voting rights
hotline required under Section 31.0055; and
(2)  any other information that the secretary of state
considers important for a voter to know.
(d)  The secretary of state shall prescribe the form and
content of the notice in accordance with this section. The
secretary of state shall revise the content of the notice as
necessary to ensure that the notice accurately reflects the law in
effect at the time the notice is publicized.
Sec. 62.012.  POSTING SAMPLE BALLOT.  An election officer
shall post a sample ballot in one or more locations in the polling
place where it can be read by persons waiting to vote.
Sec. 62.013.  UNAUTHORIZED POSTING OF SIGNS PROHIBITED.  (a)
An election officer commits an offense if the officer knowingly
posts at a polling place, including the area within 100 feet of an
outside door through which a voter may enter the building in which
the polling place is located, a sign, card, poster, or other similar
(1)  is not authorized or required by law; or
(2)  is in a form or contains information that is not
(b)  A person other than an election officer commits an
offense if the person posts a sign, card, poster, or other similar
material at a polling place, including the 100-foot area described
(c)  An offense under this section is a Class C misdemeanor.
Sec. 62.014.  MODIFICATION OF LIST OF REGISTERED VOTERS.
(a) If a registration correction list is provided for a polling
place, an election officer shall make the changes to the list of
registered voters that are necessary to make it conform to the
(c)  An election officer may make the changes to the list of
registered voters required by this section at a location other than
the polling place before it is opened for voting.
Sec. 62.015.  PLACING INDELIBLE MARKING INSTRUMENT IN
STATION.  (a) An indelible marking instrument shall be placed in
(b)  In this section, "indelible marking instrument" means
an instrument that makes marks that cannot easily be removed or
Sec. 62.016.  NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE
POLLING PLACES.  The presiding judge shall post in a prominent place
on the outside of each polling location a list of the acceptable
forms of identification. The list must be printed using a font that
is at least 24-point. The notice required under this section must be
posted separately from any other notice required by state or
Sec. 63.001.  REGULAR PROCEDURE FOR ACCEPTING VOTER.  (a)
Except as otherwise provided by this code, acceptance of voters
shall be conducted as provided by this section and Section 63.0011.
(b)  Except as provided by Subsection (h), on offering to
vote, a voter must present to an election officer at the polling
(1)  one form of photo identification listed in Section
(2)  one form of identification listed in Section
63.0101(b) accompanied by the declaration described by Subsection
(c)  On presentation of the documentation required under
Subsection (b), an election officer shall determine whether the
voter's name on the documentation is on the list of registered
voters for the precinct. If in making a determination under this
subsection the election officer determines under standards adopted
by the secretary of state that the voter's name on the documentation
is substantially similar to but does not match exactly with the name
on the list, the voter shall be accepted for voting under Subsection
(d) if the voter submits an affidavit stating that the voter is the
person on the list of registered voters.
(c-1)  An election officer may not refuse to accept
documentation presented to meet the requirements of Subsection (b)
solely because the address on the documentation does not match the
address on the list of registered voters.
(d)  If, as determined under Subsection (c), the voter's name
is on the precinct list of registered voters and the voter's
identity can be verified from the documentation presented under
Subsection (b), the voter shall be accepted for voting. An election
officer may not question the reasonableness of an impediment sworn
to by a voter in a declaration described by Subsection (i).
(e)  On accepting a voter, an election officer shall indicate
beside the voter's name on the list of registered voters that the
voter is accepted for voting. If the voter executes a declaration of
reasonable impediment to meet the requirement for identification
under Subsection (b), the election officer must affix the voter's
voter registration number to the declaration either in numeric or
(f)  After determining whether to accept a voter, an election
officer shall return the voter's documentation to the voter.
(g)  If the requirements for identification prescribed by
Subsection (b) are not met, the voter may be accepted for
provisional voting only under Section 63.011. For a voter who is not
accepted for voting under this section, an election officer shall:
(1)  inform the voter of the voter's right to cast a
provisional ballot under Section 63.011; and
(2)  provide the voter with written information, in a
form prescribed by the secretary of state, that:
(A)  lists the requirements for identification;
(B)  states the procedure for presenting
identification under Section 92.1541 [65.0541];
(C)  includes a map showing the location where
identification must be presented; and
(D)  includes notice that if all procedures are
followed and the voter is found to be eligible to vote and is voting
in the correct precinct, the voter's provisional ballot will be
(h)  The requirements for identification prescribed by
Subsection (b) do not apply to a voter who is disabled and presents
the voter's voter registration certificate containing the
indication described by Section 15.001(c) on offering to vote.
(i)  If the requirement for identification prescribed by
Subsection (b)(1) is not met, an election officer shall notify the
voter that the voter may be accepted for voting if the voter meets
the requirement for identification prescribed by Subsection (b)(2)
and executes a declaration declaring the voter has a reasonable
impediment to meeting the requirement for identification
prescribed by Subsection (b)(1). A person is subject to prosecution
for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
false statement or false information on the declaration. The
secretary of state shall prescribe the form of the declaration. The
(1)  a notice that a person is subject to prosecution
for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
false statement or false information on the declaration;
(2)  a statement that the voter swears or affirms that
the information contained in the declaration is true, that the
person described in the declaration is the same person appearing at
the polling place to sign the declaration, and that the voter faces
a reasonable impediment to procuring the identification prescribed
(3)  a place for the voter to indicate one of the
(B)  lack of birth certificate or other documents
needed to obtain the identification prescribed by Subsection
(D)  lost or stolen identification;
(F)  family responsibilities; and
(G)  the identification prescribed by Subsection
(b)(1) has been applied for but not received;
(4)  a place for the voter to sign and date the
(5)  a place for the election judge to sign and date the
(6)  a place to note the polling place at which the
(7)  a place for the election judge to note which form
of identification prescribed by Subsection (b)(2) the voter
Sec. 63.0011.  STATEMENT OF RESIDENCE REQUIRED.  (a) Before
a voter may be accepted for voting, an election officer shall ask
the voter if the voter's residence address on the precinct list of
registered voters is current and whether the voter has changed
residence within the county. If the voter's address is omitted from
the precinct list under Section 18.005(c), the officer shall ask
the voter if the voter's residence, if listed, on identification
presented by the voter under Section 63.001(b) is current and
whether the voter has changed residence within the county.
(b)  If the voter's residence address is not current because
the voter has changed residence within the county, the voter may
vote, if otherwise eligible, in the election precinct in which the
voter is registered if the voter resides in the county in which the
voter is registered and, if applicable:
(1)  resides in the political subdivision served by the
authority ordering the election if the political subdivision is
(2)  resides in the territory covered by the election
in a less-than-countywide election ordered by the governor or a
(c)  Before being accepted for voting, the voter must execute
and submit to an election officer a statement including:
(1)  a statement that the voter satisfies the
applicable residence requirements prescribed by Subsection (b);
(2)  all of the information that a person must include
in an application to register to vote under Section 13.002; and
(3)  the date the statement is submitted to the
(d) [(c-1)]  The statement described by Subsection (c) must
include a field for the voter to enter the voter's current county of
(e) [(d)]  The voter registrar shall provide to the general
custodian of election records a sufficient number of statements of
residence for use in each election.
(f) [(e)]  The voter registrar shall retain each statement
of residence on file with the voter's voter registration
(g) [(f)]  Information included on a statement of residence
under Subsection (c)(2) is subject to Section 13.004(c).
Sec. 63.0013.  FALSE STATEMENT ON DECLARATION OF REASONABLE
IMPEDIMENT.  (a)  A person commits an offense if the person
intentionally makes a false statement or provides false information
on a declaration executed under Section 63.001(i).
(b)  An offense under this section is a state jail felony.
Sec. 63.0015.  ACCEPTING VOTERS WITH CERTAIN DISABILITIES.
(a) In this section, "mobility problem that substantially impairs a
person's ability to ambulate" has the meaning assigned by Section
(b)  An election officer shall accept a person with a
mobility problem that substantially impairs a person's ability to
ambulate who is offering to vote before accepting others offering
to vote at the polling place who arrived before the person.
(c)  Notice of the priority given to persons with a mobility
problem that substantially impairs a person's ability to ambulate
(1)  at each entrance to a polling place where it can be
read by persons waiting to vote;
(2)  on the Internet website of the secretary of state;
(3)  on each Internet website relating to elections
(d)  The notice required by Subsection (c) must read:
"Pursuant to Section 63.0015, Election Code, an election officer
shall give voting order priority to individuals with a mobility
problem that substantially impairs the person's ability to move
around. A person assisting an individual with a mobility problem
may also, at the individual's request, be given voting order
priority. Disabilities and conditions that may qualify you for
voting order priority include paralysis, lung disease, the use of
portable oxygen, cardiac deficiency, severe limitation in the
ability to walk due to arthritic, neurological, or orthopedic
condition, wheelchair confinement, arthritis, foot disorder, the
inability to walk 200 feet without stopping to rest, or use of a
brace, cane, crutch, or other assistive device."
(e)  A person assisting a voter in accordance with Section
64.032(c) may be accepted to vote concurrently with a person
accepted under Subsection (b) of this section at the voter's
(f)  All procedures and accommodations available for voters
with disabilities, including voting under Section 64.009, shall be
posted in an accessible manner on the county clerk's Internet
Sec. 63.002.  SIGNATURE ROSTER.  (a) A signature roster
shall be maintained by an election officer at the polling place
during the voting period and on election day.
(b)  A voter who is accepted for voting must sign the roster
before the voter is permitted to vote.
(c)  If the voter cannot sign the voter's name, an election
officer shall enter the voter's name with a notation of the reason
for the voter's inability to sign the roster.
(d)  The signature roster may be in the form of an electronic
device approved by the secretary of state that is capable of
capturing a voter's signature next to the voter's name on the
device. The secretary of state shall adopt rules governing the
processing of electronic signatures captured under this
Sec. 63.003.  POLL LIST.  (a) A poll list shall be maintained
by an election officer at the polling place during the voting period
(b)  The poll list shall be maintained as an original and two
(c)  An election officer shall enter each accepted voter's
name on the list after the voter signs the signature roster. The
voters' names shall be entered on the poll list in the same order in
which they appear on the signature roster.
(d)  The poll list may be in the form of an electronic device
approved by the secretary of state. The secretary of state shall
adopt rules governing the use of electronic poll lists.
Sec. 63.004.  COMBINATION FORM.  (a) The secretary of state
may prescribe forms that combine the poll list, the signature
roster, or any other form used in connection with the acceptance of
voters at polling places with each other or with the list of
registered voters. The secretary shall prescribe any special
instructions necessary for using the combination forms. The
combination forms must include space for an election officer to
indicate whether a voter executed a declaration of reasonable
impediment under Section 63.001(i).
(b)  The authority responsible for procuring the supplies
for an election may furnish combination forms for use at the polling
(c)  If a combination form is used, it shall be maintained in
the number of copies specified by this code for the separate form
incorporated into it for which the largest number of copies is
(d)  An authority procuring lists of registered voters for
use in an election may not require the voter registrar to furnish
the lists in combination form without the registrar's consent. A
registrar may not require an authority requesting the lists to
accept them in combination form without the authority's consent.
(e)  A combination form may be in the form of an electronic
device approved by the secretary of state. The secretary of state
shall adopt rules governing the minimum requirements and approval
of an electronic device used for any form used in connection with
the acceptance of voters at a polling place.
Sec. 63.005.  REGISTRATION OMISSIONS LIST.  (a) A
registration omissions list shall be maintained by an election
(b)  With respect to each voter who is accepted for voting
but whose name is not on the list of registered voters for the
precinct in which the voter is accepted, the