Texas primary runoff election: Who can vote and which candidates are on the ballot?

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ELECTION CODE

TITLE 5. ELECTION SUPPLIES

CHAPTER 52. BALLOT FORM, CONTENT, AND PREPARATION

SUBCHAPTER A. PREPARING THE BALLOT

Sec. 52.001.  OFFICIAL BALLOT.  (a)  Except as provided by Subsection (b), the vote in an election is by official ballot.

(b)  If an official ballot is unavailable at a polling place, the presiding election judge shall provide a ballot designed in accordance with this chapter.

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

Sec. 52.002.  AUTHORITY PREPARING BALLOT.  Except as otherwise provided by law, the following authority shall have the official ballot prepared:

(1)  for an election ordered by the governor or a county authority, the county clerk;

(2)  for a primary election, the county chair of the political party holding the primary;

(3)  for an election ordered by a city authority, the city secretary;  and

(4)  for an election ordered by an authority of a political subdivision other than a county or city, the secretary of the subdivision's governing body or, if the governing body has no secretary, the governing body's presiding officer.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 48, eff. Sept. 1, 1997.

Sec. 52.003.  PLACING CANDIDATE'S NAME ON BALLOT.  (a)  Except as otherwise provided by law, the authority responsible for having the official ballot prepared shall have placed on the ballot the name of each candidate:

(1)  who has filed with the authority an application for a place on the ballot that complies with the requirements as to form, content, and procedure that the application must satisfy for the candidate's name to be placed on the ballot;  or

(2)  whose entitlement to placement on the ballot has been lawfully certified to the authority.

(b)  A candidate's name shall be placed on the ballot in the form indicated on the candidate's application or, if the application was not filed with the authority, in the form certified to the authority.

(c)  Except as otherwise provided by law, in a runoff election, the authority shall have placed on the ballot the name of each candidate who is entitled to a place on the runoff ballot as indicated by the canvass for the main election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 49, eff. Sept. 1, 1997.

Sec. 52.004.  FAILURE TO PLACE CANDIDATE'S NAME ON BALLOT.  (a)  A person commits an offense if the person is responsible for having the official ballot prepared for an election and knowingly fails to place on the ballot the name of a candidate who is entitled to have the candidate's name placed on the ballot.

(b)  An offense under this section is a Class A misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 50, eff. Sept. 1, 1997.

Sec. 52.005.  BALLOT CONTENT DETERMINED ACCORDING TO PRECINCT.  The ballot for an election precinct may contain only those offices and propositions stating measures on which the qualified voters of the precinct are entitled to vote.

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

Sec. 52.006.  CORRECTING BALLOT.  (a)  To make a necessary correction on the ballot, the authority responsible for having the official ballot prepared may:

(1)  prepare new ballots;

(2)  line out or otherwise obscure the language being corrected and enter in printed form the correct language next to the language being corrected, if necessary;  or

(3)  prepare printed or blank correction stickers to be affixed to the ballots.

(b)  A correction sticker used under this section must be printed in the same type style and on the same color of paper as the ballot.

(c)  A correction sticker may be affixed to a ballot only by the authority responsible for having the official ballot prepared or by an election officer serving a polling place.

(d)  A vote may not be counted for a name appearing on a correction sticker unless the sticker is prepared and affixed to the ballot as provided by this section.

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

Sec. 52.0061.  NOTICE OF CORRECTION BY AUTHORITY RESPONSIBLE FOR PREPARING BALLOT.  (a)  The authority responsible for having the official ballot prepared shall deliver written notice to the secretary of state not later than 24 hours after the authority's determination to prepare new ballots to make a correction on the ballot.

(b)  The notice must include a statement of the nature of the correction to be made.

Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1, 1989.

Sec. 52.0062.  NOTICE OF CORRECTION BY CERTAIN PRINTERS.  (a)  Each person required to file a statement under Section 51.013 shall deliver written notice to the secretary of state not later than 48 hours after the person receives a request to prepare new ballots to make a correction on the ballot for a primary election or the general election for state and county officers.

(b)  The notice must include the name, address, and telephone number of the person requesting the corrected ballots and a statement of the nature of the correction to be made.

Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1, 1989.

Sec. 52.0063.  UNLAWFUL PREPARATION OF BALLOTS.  (a)  A person commits an offense if the person knowingly prepares or causes to be prepared new ballots to make a correction on the ballot without complying with Section 52.0061 or 52.0062, as applicable.

(b)  Except as authorized by Section 52.006, a person commits an offense if the person knowingly prepares or causes to be prepared for an election any ballot that contains the same number as a ballot that has been prepared for the election.

(c)  An offense under this section is a Class A misdemeanor.

Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1, 1989.

Sec. 52.0064.  DESTRUCTION OF INCORRECT BALLOTS.  (a)  If new ballots are prepared to make a correction on the ballot, the authority responsible for having the official ballot prepared shall destroy the incorrect ballots in the presence of:

(1)  the sheriff, in an election ordered by the governor or a primary election;  or

(2)  the authority responsible for ordering the election, in any other election.

(b)  The authority responsible for having the official ballot prepared shall post in the authority's office a notice of the date, hour, and place of the destruction of the incorrect ballots.  The notice must remain posted continuously for the 72 hours preceding the scheduled time of the destruction.

(c)  Any interested person is entitled to be present at the destruction of incorrect ballots.

(d)  The authority responsible for having the official ballot prepared shall prepare a record of the incorrect ballots that are destroyed.  The authority shall preserve the record for the period for preserving the precinct election records.

Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1, 1989.  Acts 1993, 73rd Leg., ch. 728, Sec. 13, eff. Sept. 1, 1993.

Sec. 52.007.  SPECIMEN BALLOT.  (a)  An official ballot for each ballot format used in each election shall be designated a specimen ballot.

(b)  The specimen ballot shall be made available for public inspection:

(1)  for an election other than a primary election, in the office of the authority responsible for having the official ballot prepared;  or

(2)  for a primary election, in the office of the county clerk.

(c)  The specimen ballot shall be made available for public inspection as soon as practicable after the official ballots have been prepared for the election and shall be preserved for the period for preserving the precinct election records.

(d)  The county chair of each political party holding a primary election shall deliver the ballots to be used as specimen ballots to the county clerk when the official ballots are received from the printer.

(e)  The authority in whose office the specimen ballot is kept shall mark each specimen ballot with "SPECIMEN" in a manner that will not prevent the reading of its contents.  If more than one ballot format is used in the election, the authority shall indicate on the specimen ballot the election precincts in which each ballot format is used.

(f)  A specimen ballot may not be reproduced for distribution.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 51, eff. Sept. 1, 1997.

Sec. 52.008.  SAMPLE BALLOT.  (a)  The authority responsible for procuring the election supplies shall have a supply of sample ballots printed.

(b)  A sample ballot may be printed only on yellow paper.  "SAMPLE BALLOT" shall be printed in large letters at the top of each sample ballot.

(c)  Sample ballots shall be distributed for use in the election as directed by the authority responsible for procuring the election supplies.

(d)  A sample ballot may not be cast or counted in an election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 17, eff. Jan. 1, 2004.

SUBCHAPTER B. NAME ON BALLOT

Sec. 52.031.  FORM OF NAME ON BALLOT.  (a)  A candidate's name shall be printed on the ballot with the given name or initials first, followed by a nickname, if any, followed by the surname, in accordance with this section.

(a-1)  A person may use any surname acquired by law or marriage.

(b)  In combination with the surname, a candidate may use one or more of the following:

(1)  a given name;

(2)  a contraction or familiar form of a given name by which the candidate is known;  or

(3)  an initial of a given name.

(c)  A nickname of one unhyphenated word of not more than 10 letters by which the candidate has been commonly known for at least three years preceding the election may be used in combination with a candidate's name.  A nickname that constitutes a slogan or otherwise indicates a political, economic, social, or religious view or affiliation may not be used.  A nickname may not be used unless the candidate executes and files with the application for a place on the ballot an affidavit indicating that the nickname complies with this subsection.

(d)  A suffix such as "Sr.," "Jr.," or "2nd" may be used in combination with a candidate's name.

(e)  A married woman or widow may use in combination with her surname, if the same as her husband's surname, the given name or initials of her husband with the prefix "Mrs."

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 22, eff. Sept. 1, 1997.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 1098 (H.B. 2075), Sec. 1, eff. September 1, 2019.

Sec. 52.032.  CANDIDATES WITH SAME OR SIMILAR SURNAMES.  (a)  If two or more candidates for the same office have the same or similar surnames, each of those candidates may have printed on the ballot a brief distinguishing description or title, not to exceed four words, following the candidate's name.

(b)  The description or title may only refer to the candidate's place of residence or present or former profession, occupation, or position.  However, the description or title may not refer to a public office.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 12, eff. Sept. 1, 1987.

Sec. 52.033.  TITLES PROHIBITED.  Except as otherwise provided by this subchapter, a title or designation of office, status, or position may not be used in conjunction with a candidate's name on the ballot.

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

Sec. 52.034.  NAME ON BALLOT MORE THAN ONCE.  A candidate's name may not appear more than once on the ballot except as a candidate for:

(1)  two or more offices that are permitted by law to be held by the same person;  or

(2)  the office of president or vice-president of the United States and another office.

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

SUBCHAPTER C. FORM OF BALLOT

Sec. 52.061.  PRINTING ON BALLOT.  (a)  The ballot shall be printed in black ink on white or light-colored paper, but the ballot may not be the same color as sample ballots.

(b)  The type on the ballot may vary in size and style for the office titles, column headings, names of candidates, proposition headings, and propositions, but the type for each particular category must be uniform.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 23, eff. Sept. 1, 1997.

Sec. 52.062.  NUMBERING OF BALLOTS.  The ballots prepared by each authority responsible for having the official ballot prepared shall be numbered consecutively beginning with the number "1."

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

Sec. 52.063.  DESIGNATION OF ELECTION AND DATE.  A designation of the nature of the election and the date of the election shall be printed at the top of the ballot.

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

Sec. 52.064.  DESIGNATION AS OFFICIAL BALLOT.  "OFFICIAL BALLOT" shall be printed in large letters on the ballot immediately below the designation and date of the election.

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

Sec. 52.065.  ARRANGEMENT OF BALLOT WITH PARTY NOMINEE.  (a)  For an election in which a candidate's name is to appear on the ballot as the nominee of a political party, the ballot shall be arranged in vertical columns separated by parallel lines, as provided by this section.

(b)  Each title of an office to be voted on shall be listed in the first column on the left of the ballot with "Candidates For:" printed at the top.  The office titles shall be separated by parallel horizontal lines extending through each column on the ballot.

(c)  The name of each political party with a nominee on the ballot shall be printed at the top of the second and as many succeeding columns as necessary.  The name of the nominee of each party for each office shall appear opposite the office in the appropriate party column.  The party columns shall be of uniform width.

(d)  If the name of an independent candidate is to appear on the ballot, a column immediately following the party columns shall be provided, with "Independent" printed at the top.  The name of each independent candidate shall appear in the column opposite the appropriate office title.

(e)  If write-in votes are permitted by law in the election, a column immediately following the other columns shall be provided for write-in votes, with "Write-in" printed at the top.  Adequate space shall be provided in the column for write-in votes.

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

Sec. 52.066.  ARRANGEMENT OF BALLOT WITH NO PARTY NOMINEE.  (a)  For an election in which no party nominee is to appear on the ballot, the ballot shall be arranged as provided by this section.

(b)  Each title of an office to be voted on shall be listed in a vertical column with the name of each candidate listed below the appropriate office title.

(c)  If write-in votes are permitted by law in the election, a space underscored by a broken or solid line shall be provided for a write-in vote below the names of the candidates for each office.  If more than one candidate is to be elected to an office, write-in spaces shall be provided in a number equal to the number of candidates to be elected.

(d)  If the length of the ballot arranged as one column would exceed 18 inches, the office titles may be arranged in parallel vertical columns.

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

Sec. 52.067.  NONALIGNED CANDIDATE DESIGNATED AS INDEPENDENT.  In an election in which the candidates' political party alignments are to be printed on the ballot next to the candidates' names, "Independent" shall be printed on the ballot next to the name of each candidate who is not aligned with a political party.

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

Sec. 52.068.  OFFICE TITLE TO APPEAR ON BALLOT IF NO CANDIDATE FOR OFFICE.  (a)  If no candidate's name is to appear on the ballot for a particular office to be voted on at an election in which write-in votes for the office are permitted by law, the authority responsible for having the official ballot prepared shall have the office title printed on the ballot and shall provide a space for a write-in vote as required by this code.  However, in an election in which write-in votes may be counted only for names appearing on a list of write-in candidates, if no candidate's name is to appear on the ballot or the list of write-in candidates for a particular office, the office title is not printed on the ballot.

(b)  If the authority fails to have the office title printed on the ballot, a person may not be declared elected to the office because of write-in votes that are cast by writing in the office title and the person's name unless the total number of votes cast for all write-in candidates for that office is more than 50 percent of the total number of voters participating in the election who are eligible to vote for the office.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 13, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 497, Sec. 1, eff. Sept. 1, 1987;  Acts 1999, 76th Leg., ch. 62, Sec. 5.09, eff. Sept. 1, 1999.

Sec. 52.069.  UNEXPIRED TERM.  If an office to be filled for an unexpired term is to be voted on at a general or primary election, "unexpired term" shall be printed on the ballot following the office title.

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

Sec. 52.070.  VOTING SQUARE AND INSTRUCTION FOR CANDIDATES.  (a)  A shape for voting shall be printed to the left of each candidate's name on a ballot.

(b)  Immediately below "OFFICIAL BALLOT," the following instruction shall be printed: "Vote for the candidate of your choice in each race by placing an 'X' or filling in the shape beside the candidate's name."

(c)  Appropriate changes in the instruction shall be made if only one race appears on the ballot or if more than one candidate is to be elected in a race.

(d)  If more than one candidate is to be elected in any race on the ballot, "Vote for none, one, two, ... or ___" (in the numerical sequence appropriate for the number of candidates to be elected) shall be printed immediately below each office title appearing on the ballot.

(e)  A shape shall be printed to the left of each line provided for write-in voting under Section 52.066(c), but failure to place a mark in the shape does not affect the counting of a write-in vote.

(f)  Any variation from this instruction must be approved by the secretary of state.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 14, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 497, Sec. 2, eff. Sept.1, 1987.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 39, eff. September 1, 2021.

Sec. 52.072.  PROPOSITIONS.  (a)  Except as otherwise provided by law, the authority ordering the election shall prescribe the wording of a proposition that is to appear on the ballot.

(b)  A proposition shall be printed on the ballot in the form of a single statement and may appear on the ballot only once.

(c)  Except as provided by Subsection (d), in an election in which an office and a measure are to be voted on, each proposition stating a measure shall appear on the ballot after the listing of offices.

(d)  If an election of officers is contingent on the adoption of a proposition appearing on the same ballot, the proposition shall appear on the ballot before the listing of offices.

(e)  In addition to any other requirement imposed by law for a proposition, including a provision prescribing the proposition language, a proposition submitted to the voters for approval of the imposition, increase, or reduction of a tax shall specifically state, as applicable:

(1)   with respect to a proposition that only seeks voter approval of the imposition or increase of a tax, the amount of or maximum tax rate of the tax or tax increase for which approval is sought; or

(2)  with respect to a proposition that only seeks voter approval of the reduction of a tax, the amount of tax rate reduction or the tax rate for which approval is sought.

(f)  A political subdivision that submits to the voters a proposition for the approval of the issuance of debt obligations shall prescribe the wording of the proposition that is to appear on the ballot in accordance with the requirements of Subchapter B, Chapter 1251, Government Code.  In this subsection, "debt obligation" and "political subdivision" have the meanings assigned by Section 1251.051, Government Code.

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

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 692 (H.B. 360), Sec. 1, eff. September 1, 2011.

Acts 2019, 86th Leg., R.S., Ch. 505 (S.B. 30), Sec. 2, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 728 (H.B. 477), Sec. 2, eff. September 1, 2019.

Sec. 52.073.  VOTING SQUARE AND INSTRUCTION FOR PROPOSITIONS.  (a)  On a ballot on which a proposition is to appear, "FOR" and, below it, "AGAINST" shall be printed to the left of the proposition.

(b)  A brace or other suitable device shall be printed to indicate to which proposition each "FOR" and "AGAINST" applies.

(c)  A square for voting shall be printed to the left of each "FOR" and each "AGAINST."

(d)  Immediately above the propositions, the following instruction shall be printed:  "Place an 'X' in the square beside the statement indicating the way you wish to vote."

(e)  The authority responsible for prescribing the wording of a proposition may substitute "YES" and "NO" on the ballot for "FOR" and "AGAINST" if the authority considers those words more appropriate.

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

Sec. 52.074.  PROVISIONAL BALLOT FOR CERTAIN VOTERS.  The authority responsible for having the official ballot prepared shall have a provisional ballot prepared in a form approved by the secretary of state for use by a voter who executes an affidavit in accordance with Section 63.011.

Added by Acts 1997, 75th Leg., ch. 1078, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 18, eff. Jan. 1, 2004.

Sec. 52.075.  MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING SYSTEMS.  (a)  The secretary of state may prescribe the form and content of a ballot for an election using a voting system, including an electronic voting system or a voting system that uses direct recording electronic voting machines or ballot marking devices, to conform to the formatting requirements of the system.

(b)  In this section, "ballot marking device," "direct recording electronic voting machine," "electronic voting system," and "voting system" have the meanings assigned by Section 121.003.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 7, eff. September 1, 2013.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 708 (H.B. 88), Sec. 2, eff. September 1, 2019.

SUBCHAPTER D. ORDER OF PARTIES, OFFICES, NAMES, AND PROPOSITIONS ON BALLOT

Sec. 52.091.  PARTY COLUMNS.  (a)  Party columns shall be arranged on the ballot in the following order, beginning on the left:

(1)  columns of parties with nominees for statewide or district offices;

(2)  columns of parties without nominees for statewide or district offices.

(b)  Columns of parties specified by Subsection (a)(1) shall be arranged in descending order of the number of votes received statewide by each party's candidate for governor in the most recent gubernatorial general election, beginning on the left with the party whose candidate received the highest number of votes.  Columns of parties that did not have a candidate for governor in the most recent gubernatorial general election shall appear after the columns of parties that had a candidate, and the order of their columns shall be determined by a drawing conducted by the secretary of state.

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

Sec. 52.092.  OFFICES REGULARLY FILLED AT GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.  (a)  Except as provided by Section 2.053(c), for an election at which offices regularly filled at the general election for state and county officers are to appear on the ballot, the offices shall be listed in the following order:

(1)  offices of the federal government;

(2)  offices of the state government:

(A)  statewide offices;

(B)  district offices;

(3)  offices of the county government:

(A)  county offices;

(B)  precinct offices.

(b)  Offices of the federal government shall be listed in the following order:

(1)  president and vice-president of the United States;

(2)  United States senator;

(3)  United States representative.

(c)  Statewide offices of the state government shall be listed in the following order:

(1)  governor;

(2)  lieutenant governor;

(3)  attorney general;

(4)  comptroller of public accounts;

(5)  commissioner of the General Land Office;

(6)  commissioner of agriculture;

(7)  railroad commissioner;

(8)  chief justice, supreme court;

(9)  justice, supreme court;

(10)  presiding judge, court of criminal appeals;

(11)  judge, court of criminal appeals.

(d)  District offices of the state government shall be listed in the following order:

(1)  member, State Board of Education;

(2)  state senator;

(3)  state representative;

(4)  chief justice, court of appeals;

(5)  justice, court of appeals;

(6)  district judge;

(7)  criminal district judge;

(8)  family district judge;

(9)  district attorney;

(10)  criminal district attorney.

(e)  County offices shall be listed in the following order:

(1)  county judge;

(2)  judge, county court at law;

(3)  judge, county criminal court;

(4)  judge, county probate court;

(5)  county attorney;

(6)  district clerk;

(7)  district and county clerk;

(8)  county clerk;

(9)  sheriff;

(10)  sheriff and tax assessor-collector;

(11)  county tax assessor-collector;

(12)  county treasurer;

(13)  county school trustee (county with population of 3.3 million or more);

(14)  county surveyor.

(f)  Precinct offices shall be listed in the following order:

(1)  county commissioner;

(2)  justice of the peace;

(3)  constable.

(g)  If two or more offices having the same title except for a place number or other distinguishing number are to appear on the ballot, the number shall appear as part of the office title and the offices shall be listed in numerical order.

(h)  Repealed by Acts 2003, 78th Leg., ch. 693, Sec. 4.

(i)  The secretary of state shall designate the position of new offices on the ballot.

(j)  The office of judge of a multicounty statutory county court created under Subchapter D, Chapter 25, Government Code, is considered to be a county office for purposes of listing the office on the ballot and to be a district office for all other purposes under this code.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 15(b), eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 746, Sec. 69, eff. Oct. 1, 1991;  Acts 1997, 75th Leg., ch. 1423, Sec. 6.01, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 669, Sec. 14, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 693, Sec. 4, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 37 (H.B. 328), Sec. 2, eff. May 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.32, eff. September 1, 2009.

Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.05, eff. December 2, 2021.

Acts 2023, 88th Leg., R.S., Ch. 349 (S.B. 1089), Sec. 2, eff. September 1, 2023.

Sec. 52.093.  OFFICES OF POLITICAL SUBDIVISION OTHER THAN COUNTY.  Except as otherwise provided by law, for an election at which offices of a political subdivision other than a county are to be voted on, the authority ordering the election shall determine the order of the offices on the ballot.

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

Sec. 52.094.  NAMES OF CANDIDATES.  (a)  Except as otherwise provided by law, for an election at which the names of more than one candidate for the same office are to appear on the ballot in an independent column or are to appear on a general or special election ballot that does not contain a party nominee, the order of the candidates' names shall be determined by a drawing. The order of the candidates' names on the ballot of any resulting runoff election or election held to resolve a tie vote shall be the relative order of names on the original election ballot.

(b)  The authority responsible for having the official ballot prepared for the election shall conduct the drawing.

(c)  The authority conducting the drawing shall post in the authority's office a notice of the date, hour, and place of the drawing.  The notice must remain posted continuously for 72 hours immediately preceding the scheduled time of the drawing.

(d)  The authority conducting the drawing shall provide notice of the date, hour, and place of the drawing to each candidate by:

(1)  written notice:

(A)  mailed to the address stated on the candidate's application for a place on the ballot, not later than the fourth day before the date of the drawing; or

(B)  provided at the time the candidate files an application with the appropriate authority;

(2)  telephone, if a telephone number is provided on the candidate's application for a place on the ballot; or

(3)  e-mail, if an e-mail address is provided on the candidate's application for a place on the ballot.

(e)  Each candidate affected by a drawing is entitled to be present or have a representative present at the drawing.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 52, eff. Sept. 1, 1997.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 708 (H.B. 88), Sec. 3, eff. September 1, 2019.

Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 40, eff. September 1, 2021.

Sec. 52.095.  PROPOSITIONS.  (a)  Except as otherwise provided by law, the authority ordering an election in which more than one measure is to be voted on shall determine the order in which the propositions are to appear on the ballot.

(b)  Each political subdivision's proposition on the ballot shall be assigned a unique number or letter on the ballot as follows:

(1)  except as provided by Subdivision (2), for each proposition on the ballot, the authority ordering the election shall assign a letter of the alphabet to the measure that corresponds to its order on the ballot; and

(2)  for each proposition on the ballot to be voted on statewide, the authority ordering the election shall assign a number to the measure that corresponds to its order on the ballot.

(c)  Each proposition on the ballot must identify the name of the authority ordering the election on the measure.

(d)  The secretary of state shall prescribe procedures necessary to implement this section.

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

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 391 (S.B. 957), Sec. 1, eff. June 1, 2017.

ELECTION CODE

TITLE 3. ELECTION OFFICERS AND OBSERVERS

CHAPTER 33. WATCHERS

SUBCHAPTER A. APPOINTMENT

Sec. 33.001.  WATCHER DEFINED.  In this code, "watcher" means a person appointed under this subchapter to observe the conduct of an election on behalf of a candidate, a political party, or the proponents or opponents of a measure.

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

Sec. 33.0015.  CHAPTER PURPOSE AND WATCHER DUTY.  The purpose of this chapter is to preserve the integrity of the ballot box in accordance with Section 4, Article VI, Texas Constitution, by providing for the appointment of watchers.  It is the intent of the legislature that watchers duly accepted for service under this chapter be allowed to observe and report on irregularities in the conduct of any election, but may not interfere in the orderly conduct of an election.  To effect that purpose, a watcher appointed under this chapter shall observe without obstructing the conduct of an election and call to the attention of an election officer any observed or suspected irregularity or violation of law in the conduct of the election.

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.02, eff. December 2, 2021.

Sec. 33.0016.  REFERENCES TO EARLY VOTING BALLOT BOARD IN THIS CHAPTER.  A reference in this chapter to an early voting ballot board includes a signature verification committee.

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.03, eff. December 2, 2021.

Sec. 33.002.  APPOINTMENT BY CANDIDATE.  (a)  Watchers may be appointed by each candidate whose name appears on the ballot or the list of declared write-in candidates in an election for:

(1)  a public office other than the office of vice-president of the United States;  or

(2)  an office of a political party.

(b)  In an election for an office of the state government that is filled by voters of more than one county, watchers may also be appointed by the candidate's campaign treasurer.

(c)  In an election for an office of the federal government that is filled by voters of more than one county, watchers may also be appointed by the chair or treasurer of the candidate's principal campaign committee or by a designated agent of the chair or treasurer.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 32, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1349, Sec. 15, eff. Sept. 1, 1997.

Sec. 33.003.  APPOINTMENT BY POLITICAL PARTY.  (a)  The county chair of each political party that has one or more nominees on the ballot may appoint watchers.

(b)  If the county chair does not make an authorized appointment, any three members of the county executive committee may make the appointment.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 33, eff. Sept. 1, 1997.

Sec. 33.004.  APPOINTMENT FOR WRITE-IN CANDIDATE.  (a)  A group of registered voters may appoint watchers on behalf of a write-in candidate in an election in which a declaration of write-in candidacy is not required to be filed.

(b)  To be eligible to participate in the appointment under this section of a watcher for a precinct polling place, a person must be a registered voter of the precinct.  To be eligible to participate in the appointment under this section of a watcher for an early voting polling place, the meeting place of an early voting ballot board, or a central counting station, a person must be a registered voter of the territory served by that facility.

(c)  The minimum number of voters required to make an appointment under this section is the lesser of:

(1)  15;  or

(2)  five percent of the registered voters of the appropriate territory as determined from the list of registered voters to be used for the election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.38;  Acts 1991, 72nd Leg., ch. 554, Sec. 9, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, Sec. 16, eff. Sept. 1, 1997.

Sec. 33.005.  APPOINTMENT FOR ELECTION ON MEASURE.  (a)  In an election on a measure, watchers may be appointed by the campaign treasurer or an assistant campaign treasurer of a specific-purpose political committee that supports or opposes the measure.

(b)  This section does not apply to a referendum measure submitted at a primary election.

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

Sec. 33.006.  CERTIFICATE OF APPOINTMENT.  (a)  For an appointment of a watcher to be effective, the appointing authority must issue a certificate of appointment to the appointee.

(b)  A certificate of appointment must:

(1)  be in writing and signed by the appointing authority or, for an appointment for a write-in candidate under Section 33.004, by each of the voters making the appointment;

(2)  indicate the capacity in which the appointing authority is acting;

(3)  state the name, residence address, and voter registration number of the appointee and be signed by the appointee;

(4)  identify the election and the precinct polling place or other location at which the appointee is to serve;

(5)  in an election on a measure, identify the measure if more than one is to be voted on and state which side of the measure the appointee represents; and

(6)  contain an affidavit executed by the appointee stating that the appointee will not have possession of a device capable of recording images or sound or that the appointee will disable or deactivate the device while serving as a watcher.

(c)  In addition to complying with Subsection (b), a certificate issued to a watcher appointed for a write-in candidate under Section 33.004 must:

(1)  include the residence address and voter registration number of eligible signers in the required number;

(2)  include the signed statement of the candidate, or a person who would be authorized to make appointments on the candidate's behalf if the candidate's name appeared on the ballot, that the appointment is made with the signer's consent;  and

(3)  state the residence or office address of the signer under Subdivision (2) and the capacity in which the signer signs, if the statement is not signed by the candidate.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 498, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 8, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 864, Sec. 34, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1349, Sec. 17, eff. Sept. 1, 1997.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 11, eff. September 1, 2011.

Sec. 33.007.  NUMBER AND PLACE OF SERVICE OF WATCHERS.  (a)  Each appointing authority may appoint not more than two watchers for each precinct polling place, meeting place for an early voting ballot board, or central counting station involved in the election.

(b)  Each appointing authority may appoint not more than seven watchers for each main or branch early voting polling place involved in the election.  Not more than two watchers appointed by the same authority may be on duty at the same early voting polling place at the same time.

(c)  In an election in which the election officers serving at a precinct polling place also serve as an early voting ballot board, a watcher who is appointed for the precinct polling place may observe the processing of early voting ballots by the early voting ballot board, or separate watchers may be appointed to observe only that activity.

(d)  The number of watchers accepted for service on each side of a measure may not exceed the number authorized by this section.  If the number of appointments exceeds the authorized number, the authority accepting the watchers for service shall accept the watchers in the order in which they present their certificates of appointment.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.39;  Acts 1991, 72nd Leg., ch. 554, Sec. 10, eff. Sept. 1, 1991.

Sec. 33.008.  TRAINING PROGRAM.  The secretary of state shall develop and maintain a training program for watchers.  The training program must:

(1)  be available:

(A)  entirely via the Internet; and

(B)  at any time, without a requirement for prior registration; and

(2)  provide a watcher who completes the training with a certificate of completion.

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.04, eff. December 2, 2021.

SUBCHAPTER B. ELIGIBILITY

Sec. 33.031.  GENERAL ELIGIBILITY REQUIREMENTS.  (a)  To be eligible to serve as a watcher, a person must be a qualified voter:

(1)  of the county in which the person is to serve, in an election ordered by the governor or a county authority or in a primary election;

(2)  of the part of the county in which the election is held, in an election ordered by the governor or a county authority that does not cover the entire county of the person's residence;  and

(3)  of the political subdivision, in an election ordered by an authority of a political subdivision other than a county.

(b)  In addition to the requirements of Subsection (a), to be eligible to serve as a watcher, a person must complete training under Section 33.008.

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 26(3), eff. September 1, 2009.

Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.05, eff. December 2, 2021.

Sec. 33.032.  INELIGIBILITY OF CANDIDATE FOR PUBLIC OFFICE.  (a)  A person is ineligible to serve as a watcher in an election if the person is a candidate for a public office in an election to be held on the same day.

(b)  In this section, "candidate" means a person who has taken affirmative action, as described by the law regulating political funds and campaigns, for the purpose of gaining nomination or election.

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

Sec. 33.033.  INELIGIBILITY OF EMPLOYEE OR RELATIVE OF ELECTION OFFICER.  (a)  A person is ineligible to serve as a watcher at a particular location if the person is the employer of or is employed by or related within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to an election judge, an election clerk, an early voting clerk, or a deputy clerk serving at that location.

(b)  For purposes of this section, a person is employed by an election officer in the same circumstances that a person is employed by a candidate under Section 32.054(b).

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.40;  Acts 1991, 72nd Leg., ch. 554, Sec. 11, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 561, Sec. 16, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.

Sec. 33.034.  INELIGIBILITY OF PUBLIC OFFICER.  (a)  A person who holds an elective public office is ineligible to serve as a watcher in an election.

(b)  For purposes of this section, a deputy or assistant serving under a public officer does not hold a public office.

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

Sec. 33.035.  INELIGIBILITY OF PERSON CONVICTED OF ELECTION OFFENSE.  A person is ineligible to serve as a watcher in an election if the person has been finally convicted of an offense in connection with conduct directly attributable to an election.

Added by Acts 1997, 75th Leg., ch. 1349, Sec. 18, eff. Sept. 1, 1997.

SUBCHAPTER C. SERVICE

Sec. 33.051.  ACCEPTANCE OF WATCHER.  (a)  A watcher appointed to serve at a precinct polling place, a meeting place for an early voting ballot board, or a central counting station must deliver the following materials to the presiding judge at the time the watcher reports for service:

(1)  a certificate of appointment; and

(2)  a certificate of completion from training completed by the watcher under Section 33.008.

(a-1)  A watcher appointed to serve at an early voting polling place must deliver the certificates under Subsection (a) to the early voting clerk or deputy clerk in charge of the polling place when the watcher first reports for service.

(b)  The officer presented with a watcher's certificates shall require the watcher to countersign the certificate of appointment to ensure that the watcher is the same person who signed the certificate of appointment.  Except as provided by Subsection (c), a watcher who presents himself or herself at the proper time with the certificates required under Subsection (a) shall be accepted for service unless the person is ineligible to serve or the number of appointees to which the appointing authority is entitled have already been accepted.

(c)  A watcher may not be accepted for service if the watcher has possession of a device capable of recording images or sound unless the watcher agrees to disable or deactivate the device.  The presiding judge may inquire whether a watcher has possession of any prohibited recording device before accepting the watcher for service.

(d)  The certificates of a watcher serving at an early voting polling place shall be retained at the polling place until voting at the polling place is concluded.  At each subsequent time that the watcher reports for service, the watcher shall inform the clerk or deputy in charge.  The officer may require the watcher to sign the watcher's name in the officer's presence, for comparison with the signature on the certificate of appointment, if the officer is uncertain of the watcher's identity.

(e)  If a watcher is not accepted for service, the certificates shall be returned to the watcher with a signed statement of the reason for the rejection.

(f)  On accepting a watcher for service, the election officer shall provide the watcher with a form of identification, prescribed by the secretary of state, to be displayed by the watcher during the watcher's hours of service at the polling place.

(g)  An election officer commits an offense if the officer intentionally or knowingly refuses to accept a watcher for service when acceptance of the watcher is required by this section.  An offense under this subsection is a Class A misdemeanor.

(h)  Before accepting a watcher, the officer presented with a watcher's certificate of appointment shall require the watcher to take the following oath, administered by the officer: "I swear (or affirm) that I will not disrupt the voting process or harass voters in the discharge of my duties."

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 498, Sec. 2, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.41;  Acts 1991, 72nd Leg., ch. 554, Sec. 12, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, Sec. 9, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 864, Sec. 35, eff. Sept. 1, 1997.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 12, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 188 (S.B. 160), Sec. 1, eff. September 1, 2013.

Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.06, eff. December 2, 2021.

Sec. 33.052.  HOURS OF SERVICE AT PRECINCT POLLING PLACE. A watcher at a precinct polling place may begin service at any time after the presiding judge arrives at the polling place on election day and may remain at the polling place until the presiding judge and the clerks complete their duties there. A watcher may serve at the polling place during the hours the watcher chooses, except that if the watcher is present at the polling place when ballots are counted, the watcher may not leave until the counting is complete.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 7, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 864, Sec. 36, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 254, Sec. 1, 2, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 697 (H.B. 1921), Sec. 3, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.002(2), eff. September 1, 2009.

Acts 2023, 88th Leg., R.S., Ch. 414 (H.B. 1631), Sec. 1, eff. September 1, 2023.

Sec. 33.053.  HOURS OF SERVICE AT EARLY VOTING POLLING PLACE.  A watcher serving at an early voting polling place may be present at the polling place at any time it is open and until completion of the securing of any voting equipment used at the polling place that is required to be secured on the close of voting each day.  The watcher may serve during the hours the watcher chooses.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.42;  Acts 1991, 72nd Leg., ch. 554, Sec. 13, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, Sec. 37, eff. Sept. 1, 1997.

Sec. 33.054.  HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING.  (a)  A watcher serving at the meeting place of an early voting ballot board or signature verification committee may be present at any time the board or committee is processing or counting ballots and until the board or committee completes its duties.  The watcher may serve during the hours the watcher chooses, except as provided by Subsection (b).

(b)  A watcher serving at the meeting place of an early voting ballot board may not leave during voting hours on election day without the presiding judge's permission if the board has recorded any votes cast on voting machines or counted any ballots, unless the board has completed its duties and has been dismissed by the presiding judge.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.43;  Acts 1991, 72nd Leg., ch. 554, Sec. 14, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, Sec. 38, eff. Sept. 1, 1997.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 36, eff. September 1, 2021.

Sec. 33.055.  HOURS OF SERVICE AT CENTRAL COUNTING STATION.  (a)  A watcher serving at a central counting station may be present at any time the station is open for the purpose of processing or preparing to process election results and until the election officers complete their duties at the station.  The watcher may serve during the hours the watcher chooses, except as provided by Subsection (b).

(b)  A watcher may not leave during voting hours on election day without the presiding judge's permission if the counting of ballots at the central counting station has begun.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 39, eff. Sept. 1, 1997.

Sec. 33.056.  OBSERVING ACTIVITY GENERALLY.  (a)  Except as provided by Section 33.057, a watcher is entitled to observe any activity conducted at the location at which the watcher is serving.  A watcher is entitled to sit or stand near enough to see and hear the election officers conducting the observed activity, except as otherwise prohibited by this chapter.

(b)  A watcher is entitled to sit or stand near enough to the member of a counting team who is announcing the votes to verify that the ballots are read correctly or to a member who is tallying the votes to verify that they are tallied correctly.

(c)  A watcher is entitled to inspect the returns and other records prepared by the election officers at the location at which the watcher is serving.

(d)  A watcher may not be prohibited from making written notes while on duty.  Before permitting a watcher who made written notes at a precinct polling place to leave while the polls are open, the presiding officer may require the watcher to leave the notes with another person on duty at the polling place, selected by the watcher, for retention until the watcher returns to duty.

(e)  Except as provided by Section 33.057(b), a watcher may not be denied free movement where election activity is occurring within the location at which the watcher is serving.

(f)  In this code, a watcher who is entitled to "observe" an election activity is entitled to sit or stand near enough to see and hear the activity.

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

Amended by:

Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.07, eff. December 2, 2021.

Sec. 33.057.  OBSERVING PREPARATION OF VOTER'S BALLOT.  (a)  A watcher is entitled to be present at the voting station when a voter is being assisted by an election officer, and the watcher is entitled to examine the ballot before it is deposited in the ballot box to determine whether it is prepared in accordance with the voter's wishes.

(b)  A watcher may not be present at the voting station when a voter is preparing the voter's ballot or is being assisted by a person of the voter's choice.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 40, eff. Sept. 1, 1997.

Sec. 33.058.  RESTRICTIONS ON WATCHER'S ACTIVITIES.  (a)  While on duty, a watcher may not:

(1)  converse with an election officer regarding the election, except to call attention to an irregularity or violation of law;

(2)  converse with a voter;  or

(3)  communicate in any manner with a voter regarding the election.

(b)  A watcher may call the attention of an election officer to any occurrence that the watcher believes to be an irregularity or violation of law and may discuss the matter with the officer.  An officer may refer the watcher to the presiding officer at any point in the discussion.  In that case, the watcher may not discuss the occurrence further with the subordinate officer unless the presiding officer invites the discussion.

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

Sec. 33.059.  OBSERVING SECURING OF VOTING SYSTEM EQUIPMENT BEFORE ELECTION.  (a)  A watcher appointed to serve at a polling place in an election using voting system equipment that is required to be delivered to the polling place in a secured condition is entitled to observe the inspection and securing of the equipment in the jurisdiction of the authority responsible for distributing election supplies to the polling place at which the watcher is appointed to serve.

(b)  On request of a watcher, the authority responsible for distributing the election supplies shall inform the watcher of the place, date, and hour of the inspection.  A watcher shall be admitted on presentation of a certificate of appointment.  The person admitting the watcher shall return the certificate to the watcher.

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

Sec. 33.060.  OBSERVING DELIVERY OF ELECTION RECORDS.  (a)  On request of a watcher, an election officer who delivers election records from a precinct polling place, an early voting polling place, a meeting place for an early voting ballot board, or a central counting station shall permit the watcher appointed to serve at that location to accompany the officer in making the delivery.

(b)  If delivery is made in a vehicle, an election officer complies with this section if the officer permits the watcher to follow in a different vehicle and drives in a manner that enables the watcher to keep the vehicle in sight.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.44;  Acts 1991, 72nd Leg., ch. 554, Sec. 15, eff. Sept. 1, 1991.

Sec. 33.0605.  OBSERVING DATA STORAGE SEALING AND TRANSFER.  (a) A watcher appointed to serve at a polling place in an election who is available at the time of the action may observe all election activities relating to closing the polling place, including the sealing and transfer of a memory card, flash drive, hard drive, data storage device, or other medium now existing or later developed used by the voting system equipment.

(b)  Notwithstanding any other provision of this code, a watcher duly accepted for service at a polling location is entitled to follow the transfer of election materials from the polling place at which the watcher was accepted to a regional tabulating center, the central counting station, or any other location designated to process election materials.  The authority responsible for administering a regional tabulating center or another location where election materials are processed must accept duly appointed watchers for service in the same manner a watcher is accepted for service under Section 33.051 and must accept the same number of watchers that may serve under Section 33.007(a).

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.08, eff. December 2, 2021.

Sec. 33.061.  UNLAWFULLY OBSTRUCTING WATCHER.  (a)  A person commits an offense if the person serves in an official capacity at a location at which the presence of watchers is authorized and knowingly prevents a watcher from observing an activity or procedure the person knows the watcher is entitled to observe, including by taking any action to obstruct the view of a watcher or distance the watcher from the activity or procedure to be observed in a manner that would make observation not reasonably effective.

(b)  An offense under this section is a Class A misdemeanor.

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

Amended by:

Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.09, eff. December 2, 2021.

Sec. 33.063.  RELIEF.  The appointing authority for a watcher who believes that the watcher was unlawfully prevented or obstructed from the performance of the watcher's duties may seek:

(1)  injunctive relief under Section 273.081, including issuance of temporary orders;

(2)  a writ of mandamus under Section 161.009 or 273.061; and

(3)  any other remedy available under law.

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.10, eff. December 2, 2021.

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

Sec. 52.002.  AUTHORITY PREPARING BALLOT.  Except as otherwise provided by law, the following authority shall have the official ballot prepared:

(1)  for an election ordered by the governor or a county authority, the county clerk;

(2)  for a primary election, the county chair of the political party holding the primary;

(3)  for an election ordered by a city authority, the city secretary;  and

(4)  for an election ordered by an authority of a political subdivision other than a county or city, the secretary of the subdivision's governing body or, if the governing body has no secretary, the governing body's presiding officer.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 48, eff. Sept. 1, 1997.

Sec. 52.003.  PLACING CANDIDATE'S NAME ON BALLOT.  (a)  Except as otherwise provided by law, the authority responsible for having the official ballot prepared shall have placed on the ballot the name of each candidate:

(1)  who has filed with the authority an application for a place on the ballot that complies with the requirements as to form, content, and procedure that the application must satisfy for the candidate's name to be placed on the ballot;  or

(2)  whose entitlement to placement on the ballot has been lawfully certified to the authority.

(b)  A candidate's name shall be placed on the ballot in the form indicated on the candidate's application or, if the application was not filed with the authority, in the form certified to the authority.

(c)  Except as otherwise provided by law, in a runoff election, the authority shall have placed on the ballot the name of each candidate who is entitled to a place on the runoff ballot as indicated by the canvass for the main election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 49, eff. Sept. 1, 1997.

Sec. 52.004.  FAILURE TO PLACE CANDIDATE'S NAME ON BALLOT.  (a)  A person commits an offense if the person is responsible for having the official ballot prepared for an election and knowingly fails to place on the ballot the name of a candidate who is entitled to have the candidate's name placed on the ballot.

(b)  An offense under this section is a Class A misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 50, eff. Sept. 1, 1997.

Sec. 52.005.  BALLOT CONTENT DETERMINED ACCORDING TO PRECINCT.  The ballot for an election precinct may contain only those offices and propositions stating measures on which the qualified voters of the precinct are entitled to vote.

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

Sec. 52.006.  CORRECTING BALLOT.  (a)  To make a necessary correction on the ballot, the authority responsible for having the official ballot prepared may:

(1)  prepare new ballots;

(2)  line out or otherwise obscure the language being corrected and enter in printed form the correct language next to the language being corrected, if necessary;  or

(3)  prepare printed or blank correction stickers to be affixed to the ballots.

(b)  A correction sticker used under this section must be printed in the same type style and on the same color of paper as the ballot.

(c)  A correction sticker may be affixed to a ballot only by the authority responsible for having the official ballot prepared or by an election officer serving a polling place.

(d)  A vote may not be counted for a name appearing on a correction sticker unless the sticker is prepared and affixed to the ballot as provided by this section.

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

Sec. 52.0061.  NOTICE OF CORRECTION BY AUTHORITY RESPONSIBLE FOR PREPARING BALLOT.  (a)  The authority responsible for having the official ballot prepared shall deliver written notice to the secretary of state not later than 24 hours after the authority's determination to prepare new ballots to make a correction on the ballot.

(b)  The notice must include a statement of the nature of the correction to be made.

Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1, 1989.

Sec. 52.0062.  NOTICE OF CORRECTION BY CERTAIN PRINTERS.  (a)  Each person required to file a statement under Section 51.013 shall deliver written notice to the secretary of state not later than 48 hours after the person receives a request to prepare new ballots to make a correction on the ballot for a primary election or the general election for state and county officers.

(b)  The notice must include the name, address, and telephone number of the person requesting the corrected ballots and a statement of the nature of the correction to be made.

Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1, 1989.

Sec. 52.0063.  UNLAWFUL PREPARATION OF BALLOTS.  (a)  A person commits an offense if the person knowingly prepares or causes to be prepared new ballots to make a correction on the ballot without complying with Section 52.0061 or 52.0062, as applicable.

(b)  Except as authorized by Section 52.006, a person commits an offense if the person knowingly prepares or causes to be prepared for an election any ballot that contains the same number as a ballot that has been prepared for the election.

(c)  An offense under this section is a Class A misdemeanor.

Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1, 1989.

Sec. 52.0064.  DESTRUCTION OF INCORRECT BALLOTS.  (a)  If new ballots are prepared to make a correction on the ballot, the authority responsible for having the official ballot prepared shall destroy the incorrect ballots in the presence of:

(1)  the sheriff, in an election ordered by the governor or a primary election;  or

(2)  the authority responsible for ordering the election, in any other election.

(b)  The authority responsible for having the official ballot prepared shall post in the authority's office a notice of the date, hour, and place of the destruction of the incorrect ballots.  The notice must remain posted continuously for the 72 hours preceding the scheduled time of the destruction.

(c)  Any interested person is entitled to be present at the destruction of incorrect ballots.

(d)  The authority responsible for having the official ballot prepared shall prepare a record of the incorrect ballots that are destroyed.  The authority shall preserve the record for the period for preserving the precinct election records.

Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1, 1989.  Acts 1993, 73rd Leg., ch. 728, Sec. 13, eff. Sept. 1, 1993.

Sec. 52.007.  SPECIMEN BALLOT.  (a)  An official ballot for each ballot format used in each election shall be designated a specimen ballot.

(b)  The specimen ballot shall be made available for public inspection:

(1)  for an election other than a primary election, in the office of the authority responsible for having the official ballot prepared;  or

(2)  for a primary election, in the office of the county clerk.

(c)  The specimen ballot shall be made available for public inspection as soon as practicable after the official ballots have been prepared for the election and shall be preserved for the period for preserving the precinct election records.

(d)  The county chair of each political party holding a primary election shall deliver the ballots to be used as specimen ballots to the county clerk when the official ballots are received from the printer.

(e)  The authority in whose office the specimen ballot is kept shall mark each specimen ballot with "SPECIMEN" in a manner that will not prevent the reading of its contents.  If more than one ballot format is used in the election, the authority shall indicate on the specimen ballot the election precincts in which each ballot format is used.

(f)  A specimen ballot may not be reproduced for distribution.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 51, eff. Sept. 1, 1997.

Sec. 52.008.  SAMPLE BALLOT.  (a)  The authority responsible for procuring the election supplies shall have a supply of sample ballots printed.

(b)  A sample ballot may be printed only on yellow paper.  "SAMPLE BALLOT" shall be printed in large letters at the top of each sample ballot.

(c)  Sample ballots shall be distributed for use in the election as directed by the authority responsible for procuring the election supplies.

(d)  A sample ballot may not be cast or counted in an election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 17, eff. Jan. 1, 2004.

SUBCHAPTER B. NAME ON BALLOT

Sec. 52.031.  FORM OF NAME ON BALLOT.  (a)  A candidate's name shall be printed on the ballot with the given name or initials first, followed by a nickname, if any, followed by the surname, in accordance with this section.

(a-1)  A person may use any surname acquired by law or marriage.

(b)  In combination with the surname, a candidate may use one or more of the following:

(1)  a given name;

(2)  a contraction or familiar form of a given name by which the candidate is known;  or

(3)  an initial of a given name.

(c)  A nickname of one unhyphenated word of not more than 10 letters by which the candidate has been commonly known for at least three years preceding the election may be used in combination with a candidate's name.  A nickname that constitutes a slogan or otherwise indicates a political, economic, social, or religious view or affiliation may not be used.  A nickname may not be used unless the candidate executes and files with the application for a place on the ballot an affidavit indicating that the nickname complies with this subsection.

(d)  A suffix such as "Sr.," "Jr.," or "2nd" may be used in combination with a candidate's name.

(e)  A married woman or widow may use in combination with her surname, if the same as her husband's surname, the given name or initials of her husband with the prefix "Mrs."

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 22, eff. Sept. 1, 1997.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 1098 (H.B. 2075), Sec. 1, eff. September 1, 2019.

Sec. 52.032.  CANDIDATES WITH SAME OR SIMILAR SURNAMES.  (a)  If two or more candidates for the same office have the same or similar surnames, each of those candidates may have printed on the ballot a brief distinguishing description or title, not to exceed four words, following the candidate's name.

(b)  The description or title may only refer to the candidate's place of residence or present or former profession, occupation, or position.  However, the description or title may not refer to a public office.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 12, eff. Sept. 1, 1987.

Sec. 52.033.  TITLES PROHIBITED.  Except as otherwise provided by this subchapter, a title or designation of office, status, or position may not be used in conjunction with a candidate's name on the ballot.

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

Sec. 52.034.  NAME ON BALLOT MORE THAN ONCE.  A candidate's name may not appear more than once on the ballot except as a candidate for:

(1)  two or more offices that are permitted by law to be held by the same person;  or

(2)  the office of president or vice-president of the United States and another office.

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

SUBCHAPTER C. FORM OF BALLOT

Sec. 52.061.  PRINTING ON BALLOT.  (a)  The ballot shall be printed in black ink on white or light-colored paper, but the ballot may not be the same color as sample ballots.

(b)  The type on the ballot may vary in size and style for the office titles, column headings, names of candidates, proposition headings, and propositions, but the type for each particular category must be uniform.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 23, eff. Sept. 1, 1997.

Sec. 52.062.  NUMBERING OF BALLOTS.  The ballots prepared by each authority responsible for having the official ballot prepared shall be numbered consecutively beginning with the number "1."

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

Sec. 52.063.  DESIGNATION OF ELECTION AND DATE.  A designation of the nature of the election and the date of the election shall be printed at the top of the ballot.

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

Sec. 52.064.  DESIGNATION AS OFFICIAL BALLOT.  "OFFICIAL BALLOT" shall be printed in large letters on the ballot immediately below the designation and date of the election.

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

Sec. 52.065.  ARRANGEMENT OF BALLOT WITH PARTY NOMINEE.  (a)  For an election in which a candidate's name is to appear on the ballot as the nominee of a political party, the ballot shall be arranged in vertical columns separated by parallel lines, as provided by this section.

(b)  Each title of an office to be voted on shall be listed in the first column on the left of the ballot with "Candidates For:" printed at the top.  The office titles shall be separated by parallel horizontal lines extending through each column on the ballot.

(c)  The name of each political party with a nominee on the ballot shall be printed at the top of the second and as many succeeding columns as necessary.  The name of the nominee of each party for each office shall appear opposite the office in the appropriate party column.  The party columns shall be of uniform width.

(d)  If the name of an independent candidate is to appear on the ballot, a column immediately following the party columns shall be provided, with "Independent" printed at the top.  The name of each independent candidate shall appear in the column opposite the appropriate office title.

(e)  If write-in votes are permitted by law in the election, a column immediately following the other columns shall be provided for write-in votes, with "Write-in" printed at the top.  Adequate space shall be provided in the column for write-in votes.

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

Sec. 52.066.  ARRANGEMENT OF BALLOT WITH NO PARTY NOMINEE.  (a)  For an election in which no party nominee is to appear on the ballot, the ballot shall be arranged as provided by this section.

(b)  Each title of an office to be voted on shall be listed in a vertical column with the name of each candidate listed below the appropriate office title.

(c)  If write-in votes are permitted by law in the election, a space underscored by a broken or solid line shall be provided for a write-in vote below the names of the candidates for each office.  If more than one candidate is to be elected to an office, write-in spaces shall be provided in a number equal to the number of candidates to be elected.

(d)  If the length of the ballot arranged as one column would exceed 18 inches, the office titles may be arranged in parallel vertical columns.

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

Sec. 52.067.  NONALIGNED CANDIDATE DESIGNATED AS INDEPENDENT.  In an election in which the candidates' political party alignments are to be printed on the ballot next to the candidates' names, "Independent" shall be printed on the ballot next to the name of each candidate who is not aligned with a political party.

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

Sec. 52.068.  OFFICE TITLE TO APPEAR ON BALLOT IF NO CANDIDATE FOR OFFICE.  (a)  If no candidate's name is to appear on the ballot for a particular office to be voted on at an election in which write-in votes for the office are permitted by law, the authority responsible for having the official ballot prepared shall have the office title printed on the ballot and shall provide a space for a write-in vote as required by this code.  However, in an election in which write-in votes may be counted only for names appearing on a list of write-in candidates, if no candidate's name is to appear on the ballot or the list of write-in candidates for a particular office, the office title is not printed on the ballot.

(b)  If the authority fails to have the office title printed on the ballot, a person may not be declared elected to the office because of write-in votes that are cast by writing in the office title and the person's name unless the total number of votes cast for all write-in candidates for that office is more than 50 percent of the total number of voters participating in the election who are eligible to vote for the office.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 13, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 497, Sec. 1, eff. Sept. 1, 1987;  Acts 1999, 76th Leg., ch. 62, Sec. 5.09, eff. Sept. 1, 1999.

Sec. 52.069.  UNEXPIRED TERM.  If an office to be filled for an unexpired term is to be voted on at a general or primary election, "unexpired term" shall be printed on the ballot following the office title.

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

Sec. 52.070.  VOTING SQUARE AND INSTRUCTION FOR CANDIDATES.  (a)  A shape for voting shall be printed to the left of each candidate's name on a ballot.

(b)  Immediately below "OFFICIAL BALLOT," the following instruction shall be printed: "Vote for the candidate of your choice in each race by placing an 'X' or filling in the shape beside the candidate's name."

(c)  Appropriate changes in the instruction shall be made if only one race appears on the ballot or if more than one candidate is to be elected in a race.

(d)  If more than one candidate is to be elected in any race on the ballot, "Vote for none, one, two, ... or ___" (in the numerical sequence appropriate for the number of candidates to be elected) shall be printed immediately below each office title appearing on the ballot.

(e)  A shape shall be printed to the left of each line provided for write-in voting under Section 52.066(c), but failure to place a mark in the shape does not affect the counting of a write-in vote.

(f)  Any variation from this instruction must be approved by the secretary of state.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 14, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 497, Sec. 2, eff. Sept.1, 1987.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 39, eff. September 1, 2021.

Sec. 52.072.  PROPOSITIONS.  (a)  Except as otherwise provided by law, the authority ordering the election shall prescribe the wording of a proposition that is to appear on the ballot.

(b)  A proposition shall be printed on the ballot in the form of a single statement and may appear on the ballot only once.

(c)  Except as provided by Subsection (d), in an election in which an office and a measure are to be voted on, each proposition stating a measure shall appear on the ballot after the listing of offices.

(d)  If an election of officers is contingent on the adoption of a proposition appearing on the same ballot, the proposition shall appear on the ballot before the listing of offices.

(e)  In addition to any other requirement imposed by law for a proposition, including a provision prescribing the proposition language, a proposition submitted to the voters for approval of the imposition, increase, or reduction of a tax shall specifically state, as applicable:

(1)   with respect to a proposition that only seeks voter approval of the imposition or increase of a tax, the amount of or maximum tax rate of the tax or tax increase for which approval is sought; or

(2)  with respect to a proposition that only seeks voter approval of the reduction of a tax, the amount of tax rate reduction or the tax rate for which approval is sought.

(f)  A political subdivision that submits to the voters a proposition for the approval of the issuance of debt obligations shall prescribe the wording of the proposition that is to appear on the ballot in accordance with the requirements of Subchapter B, Chapter 1251, Government Code.  In this subsection, "debt obligation" and "political subdivision" have the meanings assigned by Section 1251.051, Government Code.

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

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 692 (H.B. 360), Sec. 1, eff. September 1, 2011.

Acts 2019, 86th Leg., R.S., Ch. 505 (S.B. 30), Sec. 2, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 728 (H.B. 477), Sec. 2, eff. September 1, 2019.

Sec. 52.073.  VOTING SQUARE AND INSTRUCTION FOR PROPOSITIONS.  (a)  On a ballot on which a proposition is to appear, "FOR" and, below it, "AGAINST" shall be printed to the left of the proposition.

(b)  A brace or other suitable device shall be printed to indicate to which proposition each "FOR" and "AGAINST" applies.

(c)  A square for voting shall be printed to the left of each "FOR" and each "AGAINST."

(d)  Immediately above the propositions, the following instruction shall be printed:  "Place an 'X' in the square beside the statement indicating the way you wish to vote."

(e)  The authority responsible for prescribing the wording of a proposition may substitute "YES" and "NO" on the ballot for "FOR" and "AGAINST" if the authority considers those words more appropriate.

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

Sec. 52.074.  PROVISIONAL BALLOT FOR CERTAIN VOTERS.  The authority responsible for having the official ballot prepared shall have a provisional ballot prepared in a form approved by the secretary of state for use by a voter who executes an affidavit in accordance with Section 63.011.

Added by Acts 1997, 75th Leg., ch. 1078, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 18, eff. Jan. 1, 2004.

Sec. 52.075.  MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING SYSTEMS.  (a)  The secretary of state may prescribe the form and content of a ballot for an election using a voting system, including an electronic voting system or a voting system that uses direct recording electronic voting machines or ballot marking devices, to conform to the formatting requirements of the system.

(b)  In this section, "ballot marking device," "direct recording electronic voting machine," "electronic voting system," and "voting system" have the meanings assigned by Section 121.003.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 7, eff. September 1, 2013.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 708 (H.B. 88), Sec. 2, eff. September 1, 2019.

SUBCHAPTER D. ORDER OF PARTIES, OFFICES, NAMES, AND PROPOSITIONS ON BALLOT

Sec. 52.091.  PARTY COLUMNS.  (a)  Party columns shall be arranged on the ballot in the following order, beginning on the left:

(1)  columns of parties with nominees for statewide or district offices;

(2)  columns of parties without nominees for statewide or district offices.

(b)  Columns of parties specified by Subsection (a)(1) shall be arranged in descending order of the number of votes received statewide by each party's candidate for governor in the most recent gubernatorial general election, beginning on the left with the party whose candidate received the highest number of votes.  Columns of parties that did not have a candidate for governor in the most recent gubernatorial general election shall appear after the columns of parties that had a candidate, and the order of their columns shall be determined by a drawing conducted by the secretary of state.

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

Sec. 52.092.  OFFICES REGULARLY FILLED AT GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.  (a)  Except as provided by Section 2.053(c), for an election at which offices regularly filled at the general election for state and county officers are to appear on the ballot, the offices shall be listed in the following order:

(1)  offices of the federal government;

(2)  offices of the state government:

(A)  statewide offices;

(B)  district offices;

(3)  offices of the county government:

(A)  county offices;

(B)  precinct offices.

(b)  Offices of the federal government shall be listed in the following order:

(1)  president and vice-president of the United States;

(2)  United States senator;

(3)  United States representative.

(c)  Statewide offices of the state government shall be listed in the following order:

(1)  governor;

(2)  lieutenant governor;

(3)  attorney general;

(4)  comptroller of public accounts;

(5)  commissioner of the General Land Office;

(6)  commissioner of agriculture;

(7)  railroad commissioner;

(8)  chief justice, supreme court;

(9)  justice, supreme court;

(10)  presiding judge, court of criminal appeals;

(11)  judge, court of criminal appeals.

(d)  District offices of the state government shall be listed in the following order:

(1)  member, State Board of Education;

(2)  state senator;

(3)  state representative;

(4)  chief justice, court of appeals;

(5)  justice, court of appeals;

(6)  district judge;

(7)  criminal district judge;

(8)  family district judge;

(9)  district attorney;

(10)  criminal district attorney.

(e)  County offices shall be listed in the following order:

(1)  county judge;

(2)  judge, county court at law;

(3)  judge, county criminal court;

(4)  judge, county probate court;

(5)  county attorney;

(6)  district clerk;

(7)  district and county clerk;

(8)  county clerk;

(9)  sheriff;

(10)  sheriff and tax assessor-collector;

(11)  county tax assessor-collector;

(12)  county treasurer;

(13)  county school trustee (county with population of 3.3 million or more);

(14)  county surveyor.

(f)  Precinct offices shall be listed in the following order:

(1)  county commissioner;

(2)  justice of the peace;

(3)  constable.

(g)  If two or more offices having the same title except for a place number or other distinguishing number are to appear on the ballot, the number shall appear as part of the office title and the offices shall be listed in numerical order.

(h)  Repealed by Acts 2003, 78th Leg., ch. 693, Sec. 4.

(i)  The secretary of state shall designate the position of new offices on the ballot.

(j)  The office of judge of a multicounty statutory county court created under Subchapter D, Chapter 25, Government Code, is considered to be a county office for purposes of listing the office on the ballot and to be a district office for all other purposes under this code.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 15(b), eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 746, Sec. 69, eff. Oct. 1, 1991;  Acts 1997, 75th Leg., ch. 1423, Sec. 6.01, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 669, Sec. 14, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 693, Sec. 4, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 37 (H.B. 328), Sec. 2, eff. May 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.32, eff. September 1, 2009.

Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.05, eff. December 2, 2021.

Acts 2023, 88th Leg., R.S., Ch. 349 (S.B. 1089), Sec. 2, eff. September 1, 2023.

Sec. 52.093.  OFFICES OF POLITICAL SUBDIVISION OTHER THAN COUNTY.  Except as otherwise provided by law, for an election at which offices of a political subdivision other than a county are to be voted on, the authority ordering the election shall determine the order of the offices on the ballot.

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

Sec. 52.094.  NAMES OF CANDIDATES.  (a)  Except as otherwise provided by law, for an election at which the names of more than one candidate for the same office are to appear on the ballot in an independent column or are to appear on a general or special election ballot that does not contain a party nominee, the order of the candidates' names shall be determined by a drawing. The order of the candidates' names on the ballot of any resulting runoff election or election held to resolve a tie vote shall be the relative order of names on the original election ballot.

(b)  The authority responsible for having the official ballot prepared for the election shall conduct the drawing.

(c)  The authority conducting the drawing shall post in the authority's office a notice of the date, hour, and place of the drawing.  The notice must remain posted continuously for 72 hours immediately preceding the scheduled time of the drawing.

(d)  The authority conducting the drawing shall provide notice of the date, hour, and place of the drawing to each candidate by:

(1)  written notice:

(A)  mailed to the address stated on the candidate's application for a place on the ballot, not later than the fourth day before the date of the drawing; or

(B)  provided at the time the candidate files an application with the appropriate authority;

(2)  telephone, if a telephone number is provided on the candidate's application for a place on the ballot; or

(3)  e-mail, if an e-mail address is provided on the candidate's application for a place on the ballot.

(e)  Each candidate affected by a drawing is entitled to be present or have a representative present at the drawing.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 52, eff. Sept. 1, 1997.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 708 (H.B. 88), Sec. 3, eff. September 1, 2019.

Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 40, eff. September 1, 2021.

Sec. 52.095.  PROPOSITIONS.  (a)  Except as otherwise provided by law, the authority ordering an election in which more than one measure is to be voted on shall determine the order in which the propositions are to appear on the ballot.

(b)  Each political subdivision's proposition on the ballot shall be assigned a unique number or letter on the ballot as follows:

(1)  except as provided by Subdivision (2), for each proposition on the ballot, the authority ordering the election shall assign a letter of the alphabet to the measure that corresponds to its order on the ballot; and

(2)  for each proposition on the ballot to be voted on statewide, the authority ordering the election shall assign a number to the measure that corresponds to its order on the ballot.

(c)  Each proposition on the ballot must identify the name of the authority ordering the election on the measure.

(d)  The secretary of state shall prescribe procedures necessary to implement this section.

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

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 391 (S.B. 957), Sec. 1, eff. June 1, 2017.

ELECTION CODE

TITLE 6. CONDUCT OF ELECTIONS

CHAPTER 61. CONDUCT OF VOTING 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 (a-1), a person may not be in the polling place from the time the presiding judge arrives there on 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 election.

(a-1)  Under this code, a person may be lawfully present in a polling place during the time described by Subsection (a) if the person is:

(1)  an election judge or clerk;

(2)  a watcher;

(3)  the secretary of state;

(4)  a staff member of the Elections Division of the Office of the Secretary of State performing an official duty in accordance with this code;

(5)  an election official, a sheriff, or a staff member of an election official or sheriff delivering election supplies;

(6)  a state inspector;

(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 Section 61.032 or 64.032;

(10)  a person accompanying a voter who has a disability;

(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 Section 125.010;

(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.

(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:

(1)  voting;  or

(2)  official business in the building in which the polling place is located.

(c)  It is an exception to the application of Subsection (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 for voting;  and

(2)  is not engaged in campaign activity.

(d)  An offense under this section is a Class C misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1350, Sec. 3, eff. Sept. 1, 1997.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 454 (H.B. 1128), Sec. 1, eff. September 1, 2021.

Sec. 61.002.  OPENING AND CLOSING POLLING PLACE FOR VOTING.  (a)  Immediately before opening the polls for voting on the first day of early voting 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 the voters.

(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.

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

Amended by:

Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.06, eff. December 2, 2021.

Sec. 61.003.  ELECTIONEERING AND LOITERING NEAR POLLING PLACE.  (a)  A person commits an offense if, 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:

(1)  loiters;  or

(2)  electioneers for or against any candidate, measure, or political party.

(a-1)  The entity that owns or controls a public building being used as a polling place may not, at any time 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.

(b)  In this section:

(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.

(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 misdemeanor.

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

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 235 (H.B. 259), Sec. 1, eff. June 14, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 235 (H.B. 259), Sec. 2, eff. June 14, 2013.

Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 12, eff. September 1, 2017.

Sec. 61.004.  UNLAWFUL OPERATION OF SOUND AMPLIFICATION DEVICE OR SOUND TRUCK.  (a)  A person commits an offense if, 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 purpose of:

(1)  making a political speech; or

(2)  electioneering for or against any candidate, measure, or political party.

(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 loudspeaker.

(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 misdemeanor.

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

Amended by:

Acts 2005, 79th Leg., Ch. 497 (H.B. 535), Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 497 (H.B. 535), Sec. 2, eff. September 1, 2005.

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 authorized by law.

(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 until the precinct returns have been certified.

(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.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1078, Sec. 3, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 19, eff. Jan. 1, 2004.

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 about how a voter has voted.

(b)  An offense under this section is a felony of the third degree.

(c)  This section does not apply to information presented in an official investigation or other official proceeding in which the information is relevant.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 53, eff. Sept. 1, 1997.

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 the election.

(b)  An offense under this section is a Class A misdemeanor.

(c)  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.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 440, Sec. 1, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 472, Sec. 16, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 2, Sec. 7.04, eff. Aug. 28, 1989;  Acts 2003, 78th Leg., ch. 427, Sec. 1, eff. Sept. 1, 2003.

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 vote or not vote.

(b)  An offense under this section is a Class B misdemeanor.

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

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.

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

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 position.

(c)  A person commits an offense if the person violates Subsection (a).  An offense under this subsection is a Class C misdemeanor.

Added by Acts 1987, 70th Leg., ch. 472, Sec. 17, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 24, 25, eff. Sept. 1, 1997.

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).

Added by Acts 1997, 75th Leg., ch. 112, Sec. 1, eff. Sept. 1, 1997.

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:

(1)  complies with:

(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 subsequent amendments; and

(C)  the requirements for accessibility under 42 U.S.C. Section 15481(a)(3) and its subsequent amendments; and

(2)  provides a practical and effective means for voters with physical disabilities to cast a secret ballot.

(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1182, Sec. 4, eff. June 15, 2007.

Acts 2003, 78th Leg., ch. 1315, Sec. 20, eff. Jan. 1, 2004.

Amended by:

Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 11.02, eff. May 31, 2006.

Acts 2007, 80th Leg., R.S., Ch. 1182 (H.B. 556), Sec. 2, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1182 (H.B. 556), Sec. 4, eff. June 15, 2007.

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 42 U.S.C. Section 15481(a)(3) on election day;

(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 42 U.S.C. Section 15481(a)(3) on election day and during the period for early voting by personal appearance;

(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 42 U.S.C. Section 15481(a)(3) on election day and during the period for early voting by personal appearance; and

(C)  provides a mobile voting station that meets the requirements for accessibility under 42 U.S.C. Section 15481(a)(3) that during the period for early voting by personal appearance is deployed at least once at each polling place used for early voting by personal appearance; or

(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 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 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 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 42 U.S.C. Section 15481(a)(3) than required by Section 61.012(a)(1)(C) must:

(1)  provide notice to the secretary of state of that intent not later than the 90th day before the date of the election; and

(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 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 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 subdivision; or

(2)  for each portion of the political subdivision located in a different county, to be considered a separate political subdivision.

(f)  The secretary of state shall prescribe procedures and adopt rules as necessary to implement this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 1182 (H.B. 556), Sec. 3, eff. June 15, 2007.

Sec. 61.014.  USE OF CERTAIN DEVICES.  (a)  A person may not use a wireless communication device within 100 feet of a voting station.

(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 official duties;

(2)  the use of election equipment necessary for the conduct of the election; or

(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 the person's employment.

Added by Acts 2007, 80th Leg., R.S., Ch. 697 (H.B. 1921), Sec. 1, eff. September 1, 2007.

Renumbered from Election Code, Section 61.013 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(12), eff. September 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 175 (H.B. 1493), Sec. 1, eff. May 27, 2009.

SUBCHAPTER B. INTERPRETER

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 connection with the election.

(b)  If a voter cannot communicate in English, an election officer may communicate with the voter in a language that the voter and the officer understand.

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

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.

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

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 556 (S.B. 331), Sec. 1, eff. June 14, 2021.

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 an adjacent county.

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

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 556 (S.B. 331), Sec. 2, eff. June 14, 2021.

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.

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

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 556 (S.B. 331), Sec. 3, eff. June 14, 2021.

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.

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

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 556 (S.B. 331), Sec. 4, eff. June 14, 2021.

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.

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