CHAPTER 125. CONDUCT OF VOTING WITH VOTING SYSTEM
ELECTION CODE
TITLE 8. VOTING SYSTEMS
CHAPTER 125. CONDUCT OF VOTING WITH VOTING SYSTEM
SUBCHAPTER A. VOTING SYSTEMS GENERALLY
Sec. 125.001. ALLOCATION OF EQUIPMENT AMONG POLLING PLACES. The
authority responsible for allocating election supplies among the
polling places for an election shall determine the number of
voting machines or units of other voting system equipment to be
installed at each polling place based on:
(1) the number of votes cast at the polling place in previous,
similar elections;
(2) the number of registered voters eligible to vote at a
polling place;
(3) the number of units of equipment available; and
(4) any other factors the authority determines are relevant.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 2.11, eff. January 1, 2006.
Sec. 125.002. PREPARATION OF EQUIPMENT FOR DELIVERY TO POLLING
PLACE. Before voting system equipment is delivered to a polling
place for use in an election, the authority responsible for
distributing the election supplies to the polling places shall
have the equipment put in proper order for use as prescribed by
the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 125.003. DELIVERY OF EQUIPMENT TO POLLING PLACES. The
secretary of state shall prescribe procedures governing delivery
of voting system equipment to polling places to protect the
equipment from tampering and damage.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 125.004. INSTALLATION OF EQUIPMENT AT POLLING PLACE. (a)
Voting system equipment shall be installed at the polling place
so that a voter can operate the equipment without violating the
secrecy of the ballot.
(b) The secretary of state may prescribe procedures consistent
with this chapter for installing voting system equipment at
polling places to protect the equipment from tampering and damage
and to facilitate its proper operation.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 125.005. MAINTAINING SECURITY OF EQUIPMENT DURING VOTING.
(a) The presiding judge shall periodically have an election
officer inspect the voting system equipment for tampering and
damage while voting is in progress.
(b) If any tampering or damage is discovered, the inspecting
officer shall immediately stop use of the equipment and report to
the presiding judge, who shall promptly take appropriate action.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 125.006. MALFUNCTION OF EQUIPMENT AT POLLING PLACE. (a)
The presiding judge shall stop use of malfunctioning voting
system equipment installed at a polling place immediately after
discovering that the equipment is not functioning properly.
(b) The presiding judge shall have the malfunctioning equipment
promptly repaired or replaced if practicable.
(c) If the presiding judge determines that the equipment cannot
be promptly repaired or replaced and that voting cannot be
continued by using only the remaining operational equipment
without substantially interfering with the orderly conduct of the
election, voting at that polling place may be conducted by one of
the following methods in addition to, or instead of, using
remaining operational equipment:
(1) using another voting system that has been adopted for use in
the election;
(2) using regular paper ballots, whether early voting ballots or
ballots for regular voting on election day; or
(3) having voters manually mark the electronic system ballots
that were furnished for use with the malfunctioning equipment and
having the ballots processed as regular paper ballots.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.56; Acts 1991, 72nd
Leg., ch. 554, Sec. 27, eff. Sept. 1, 1991.
Sec. 125.007. ASSISTING VOTER. If a voter who is voting with a
voting machine is physically unable to operate the machine, the
voter is entitled to assistance under the applicable provisions
for assisting voters using regular paper ballots.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 2.12, eff. January 1, 2006.
Sec. 125.008. DEPOSITING THE BALLOT. A voter shall deposit the
marked voting system ballot in the ballot box in accordance with
the instructions provided at the polling place.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 125.009. TRAINING POLLING PLACE PERSONNEL. The authority
adopting a voting system shall provide the election officers
serving the polling places at which the voting system is used
with the instruction and training necessary for the proper
operation of the voting system.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 125.010. PRESENCE OF VOTING SYSTEM TECHNICIAN AUTHORIZED.
(a) In this section, "voting system technician" means a person
who as a vocation repairs, assembles, maintains, or operates
voting system equipment.
(b) On the request of the authority holding the election, a
voting system technician may be present at a polling place, a
meeting of the early voting ballot board, or a central counting
station for the purpose of repairing, assembling, maintaining, or
operating voting system equipment.
Added by Acts 2009, 81st Leg., R.S., Ch.
1235, Sec. 12, eff. September 1, 2009.
SUBCHAPTER C. ELECTRONIC VOTING SYSTEMS
Sec. 125.061. INSPECTING EQUIPMENT AT POLLING PLACE. (a)
Before opening a polling place for voting on election day, the
presiding judge shall inspect any electronic voting system
equipment installed at the polling place to determine whether it
is installed and functioning properly.
(b) The presiding judge shall take appropriate corrective action
if the equipment is not installed or functioning properly.
(c) Repealed by Acts 2005, 79th Leg., Ch. 1107, Sec. 2.21(1),
eff. January 1, 2006.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 2001, 77th Leg., ch. 1054, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 2.13, eff. January 1, 2006.
Acts 2005, 79th Leg., Ch.
1107, Sec. 2.21(1), eff. January 1, 2006.
Sec. 125.0611. PROVIDING SEPARATE BALLOT PART FOR WRITE-IN
VOTING. (a) If an electronic system ballot includes a separate
write-in part under Section 124.064, that part shall be provided
with the electronic system ballot.
(b) A voter may not be required to request the separate write-in
part as a condition to being provided that part.
Added by Acts 1999, 76th Leg., ch. 1316, Sec. 2, eff. Sept. 1,
1999.
Sec. 125.062. ALTERNATIVE PROCEDURE TO ROTATING BALLOT BOXES.
The secretary of state may prescribe an alternative procedure to
that of using two ballot boxes on a rotating basis at a polling
place using an electronic voting system if the secretary
determines that an alternative procedure is necessary for the
efficient conduct of voting with the particular voting system.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 125.063. SECURING EQUIPMENT ON CLOSE OF VOTING. On the
close of voting at each polling place at which electronic voting
system equipment is used, an election officer shall secure or
inactivate the equipment as prescribed by the secretary of state
so that its unauthorized operation is prevented.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 125.064. RECORDS AVAILABLE FOR PUBLIC INSPECTION. Any
documents or records used in the preparation of or prepared for
use in an electronic voting system for the operation of the
system for a particular election and any documents or records
generated by the system in that election shall be made available
for public inspection in the office of the general custodian of
election records for the period for preserving the precinct
election records.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 6, eff. Sept. 1,
1987.