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.