State Codes and Statutes
Statutes > Texas > Election-code > Title-7-early-voting > Chapter-83-officer-conducting-early-voting
ELECTION CODE
TITLE 7. EARLY VOTING
SUBTITLE A. EARLY VOTING
CHAPTER 83. OFFICER CONDUCTING EARLY VOTING
SUBCHAPTER A. EARLY VOTING CLERK
Sec. 83.001. EARLY VOTING CLERK GENERALLY. (a) The early
voting clerk shall conduct the early voting in each election.
(b) The clerk is an officer of the election in which the clerk
serves.
(c) The clerk has the same duties and authority with respect to
early voting as a presiding election judge has with respect to
regular voting, except as otherwise provided by this title.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.002. COUNTY CLERK AS EARLY VOTING CLERK. The county
clerk is the early voting clerk for the county in:
(1) the general election for state and county officers and any
other countywide election held at county expense;
(2) a primary election; and
(3) a special election ordered by the governor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.003. CLERK FOR LESS-THAN-COUNTYWIDE ELECTIONS HELD AT
COUNTY EXPENSE. (a) In a less-than-countywide election ordered
by the commissioners court, county judge, county board of school
trustees, or any other county authority and held at county
expense, the county clerk is the early voting clerk unless the
authority appoints a person other than the county clerk.
(b) To be eligible for appointment as early voting clerk under
this section, a person must meet the requirements for eligibility
for service as a presiding election judge, except that the
appointee must be a qualified voter of the county and is not
required to be a qualified voter of any other particular
territory.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.004. CLERK FOR ELECTIONS ORDERED BY COUNTY AUTHORITY NOT
HELD AT COUNTY EXPENSE. (a) In an election ordered by the
commissioners court, county judge, county board of school
trustees, or any other county authority and not held at county
expense, the authority ordering the election shall appoint the
early voting clerk.
(b) If the county clerk is appointed as early voting clerk under
this section, the county clerk shall serve in that capacity, and
the authority responsible for paying the expenses of the election
shall reimburse the county for the time spent by the county clerk
as the early voting clerk and by the county clerk's deputies as
deputy early voting clerks.
(c) To be eligible for appointment as early voting clerk under
this section, a person other than the county clerk must meet the
requirements for eligibility for service as a presiding election
judge, except that the appointee must be a qualified voter of the
county and is not required to be a qualified voter of any other
particular territory.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.005. CLERK FOR CITY ELECTIONS. The city secretary is
the early voting clerk for an election ordered by an authority of
a city.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.006. CLERK FOR ELECTIONS OF OTHER POLITICAL
SUBDIVISIONS. (a) In an election ordered by an authority of a
political subdivision other than a county or city, the authority
ordering the election shall appoint the early voting clerk.
(b) To be eligible for appointment as early voting clerk under
this section, a person must meet the requirements for eligibility
for service as a presiding election judge, except that:
(1) an appointee must be a qualified voter of the political
subdivision and is not required to be a qualified voter of any
other particular territory;
(2) in an election in which an officer of the political
subdivision is a candidate, an appointee's status as an employee
of the political subdivision does not make the appointee
ineligible for appointment as the clerk; and
(3) an appointee who is a permanent employee of the political
subdivision and a qualified voter of any territory is not
required to be a qualified voter of the political subdivision.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,
ch. 1316, Sec. 18, eff. Sept. 1, 2003.
Sec. 83.007. CLERK FOR OTHER ELECTIONS. (a) In an election for
which this code does not provide for an early voting clerk, the
authority ordering the election shall appoint the early voting
clerk.
(b) To be eligible for appointment as early voting clerk under
this section, a person must meet the requirements for eligibility
for service as a presiding election judge, except that:
(1) an appointee must be a qualified voter of the territory
covered by the election and is not required to be a qualified
voter of any other particular territory; and
(2) an appointee who is a permanent employee of the authority
ordering the election and a qualified voter of any territory is
not required to be a qualified voter of the territory covered by
the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,
ch. 1316, Sec. 19, eff. Sept. 1, 2003.
Sec. 83.008. ADDITIONAL CLERKS FOR CERTAIN ELECTIONS. (a) In
an election on the creation, organization, functioning, or
existence of one or more political subdivisions that affects more
than one political subdivision, more than one early voting clerk
may be appointed.
(b) An area within the territory covered by the election may not
be served by more than one clerk.
(c) Each clerk shall serve the one or more political
subdivisions designated by the authority appointing the clerk.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.009. EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS CLERK.
An employee of a political subdivision may serve as early voting
clerk in an election affecting the political subdivision if the
political subdivision's governing body approves the appointment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.010. PUBLIC NOTICE OF CLERK'S MAILING ADDRESS. An
election order and the election notice must state the early
voting clerk's official mailing address, except for an election
in which a county clerk or city secretary is the early voting
clerk under Section 83.002 or 83.005.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.011. OFFICE HOURS ON ELECTION DAY. The early voting
clerk's office shall remain open for early voting activities
during the hours the polls are required to be open for voting on
election day.
Added by Acts 1991, 72nd Leg., ch. 203, Sec. 1.03, eff. Sept. 1,
1991.
SUBCHAPTER B. DEPUTY CLERK
Sec. 83.031. DEPUTY EARLY VOTING CLERK GENERALLY. (a) Deputy
early voting clerks may be appointed as provided by this
subchapter to assist the early voting clerk.
(b) A deputy is an officer of the election in which the deputy
serves.
(c) A deputy early voting clerk has the same authority as the
early voting clerk in conducting early voting, subject to the
early voting clerk's supervision.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.032. DEPUTY FOR COUNTY CLERK OR CITY SECRETARY. (a) In
an election in which a county clerk or a city secretary is the
early voting clerk, the county clerk or city secretary by written
order may appoint one or more of that officer's permanent
deputies as deputy early voting clerks. The clerk or secretary
may appoint temporary deputies to serve as deputy early voting
clerks in accordance with the law applicable to the appointment
of deputies generally.
(b) For a temporary deputy to be eligible for appointment as a
deputy early voting clerk under this section, the temporary
deputy must meet the requirements for eligibility for service as
a presiding election judge, except that:
(1) an appointee is not required to be a qualified voter of any
particular territory other than the county, in the case of an
appointment by a county clerk, or the city, in the case of an
appointment by a city secretary;
(2) in an election in which the early voting clerk is a
candidate, an appointee's status as an employee of the clerk does
not make the appointee ineligible for appointment as a deputy
early voting clerk; and
(3) an appointee who is a permanent employee of the county or
city, as applicable, and a qualified voter of any territory is
not required to be a qualified voter of the county or city, as
applicable.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,
ch. 1316, Sec. 20, eff. Sept. 1, 2003.
Sec. 83.033. DEPUTY FOR OTHER CLERKS. (a) In an election in
which a person other than a county clerk or a city secretary is
the early voting clerk, the authority appointing the clerk, by
written order, may appoint one or more deputy early voting
clerks.
(b) To be eligible for appointment as a deputy early voting
clerk under this section, a person must meet the requirements for
eligibility for appointment as the early voting clerk.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.034. EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS
DEPUTY. An employee of a political subdivision may serve as
deputy early voting clerk in an election affecting the political
subdivision if the political subdivision's governing body
approves the appointment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
SUBCHAPTER C. COMPENSATION
Sec. 83.051. COMPENSATION OF COUNTY CLERK OR CITY SECRETARY. A
county clerk or a city secretary is not entitled to receive
additional compensation for serving as early voting clerk.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.052. COMPENSATION OF OTHER CLERKS AND THEIR DEPUTIES.
An early voting clerk who is not a county clerk or city secretary
and the deputy early voting clerks appointed to assist the clerk
are entitled to compensation in an amount fixed by the authority
ordering the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.053. SERVICE WITHOUT COMPENSATION BY PUBLIC EMPLOYEE.
(a) An employee of the authority ordering an election who is
appointed as early voting clerk or deputy early voting clerk may
be appointed to serve without additional compensation.
(b) An employee of a political subdivision who is appointed as
early voting clerk or deputy early voting clerk for an election
affecting the political subdivision may be appointed to serve
without additional compensation if the political subdivision's
governing body approves appointment on that basis.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
State Codes and Statutes
Statutes > Texas > Election-code > Title-7-early-voting > Chapter-83-officer-conducting-early-voting
ELECTION CODE
TITLE 7. EARLY VOTING
SUBTITLE A. EARLY VOTING
CHAPTER 83. OFFICER CONDUCTING EARLY VOTING
SUBCHAPTER A. EARLY VOTING CLERK
Sec. 83.001. EARLY VOTING CLERK GENERALLY. (a) The early
voting clerk shall conduct the early voting in each election.
(b) The clerk is an officer of the election in which the clerk
serves.
(c) The clerk has the same duties and authority with respect to
early voting as a presiding election judge has with respect to
regular voting, except as otherwise provided by this title.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.002. COUNTY CLERK AS EARLY VOTING CLERK. The county
clerk is the early voting clerk for the county in:
(1) the general election for state and county officers and any
other countywide election held at county expense;
(2) a primary election; and
(3) a special election ordered by the governor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.003. CLERK FOR LESS-THAN-COUNTYWIDE ELECTIONS HELD AT
COUNTY EXPENSE. (a) In a less-than-countywide election ordered
by the commissioners court, county judge, county board of school
trustees, or any other county authority and held at county
expense, the county clerk is the early voting clerk unless the
authority appoints a person other than the county clerk.
(b) To be eligible for appointment as early voting clerk under
this section, a person must meet the requirements for eligibility
for service as a presiding election judge, except that the
appointee must be a qualified voter of the county and is not
required to be a qualified voter of any other particular
territory.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.004. CLERK FOR ELECTIONS ORDERED BY COUNTY AUTHORITY NOT
HELD AT COUNTY EXPENSE. (a) In an election ordered by the
commissioners court, county judge, county board of school
trustees, or any other county authority and not held at county
expense, the authority ordering the election shall appoint the
early voting clerk.
(b) If the county clerk is appointed as early voting clerk under
this section, the county clerk shall serve in that capacity, and
the authority responsible for paying the expenses of the election
shall reimburse the county for the time spent by the county clerk
as the early voting clerk and by the county clerk's deputies as
deputy early voting clerks.
(c) To be eligible for appointment as early voting clerk under
this section, a person other than the county clerk must meet the
requirements for eligibility for service as a presiding election
judge, except that the appointee must be a qualified voter of the
county and is not required to be a qualified voter of any other
particular territory.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.005. CLERK FOR CITY ELECTIONS. The city secretary is
the early voting clerk for an election ordered by an authority of
a city.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.006. CLERK FOR ELECTIONS OF OTHER POLITICAL
SUBDIVISIONS. (a) In an election ordered by an authority of a
political subdivision other than a county or city, the authority
ordering the election shall appoint the early voting clerk.
(b) To be eligible for appointment as early voting clerk under
this section, a person must meet the requirements for eligibility
for service as a presiding election judge, except that:
(1) an appointee must be a qualified voter of the political
subdivision and is not required to be a qualified voter of any
other particular territory;
(2) in an election in which an officer of the political
subdivision is a candidate, an appointee's status as an employee
of the political subdivision does not make the appointee
ineligible for appointment as the clerk; and
(3) an appointee who is a permanent employee of the political
subdivision and a qualified voter of any territory is not
required to be a qualified voter of the political subdivision.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,
ch. 1316, Sec. 18, eff. Sept. 1, 2003.
Sec. 83.007. CLERK FOR OTHER ELECTIONS. (a) In an election for
which this code does not provide for an early voting clerk, the
authority ordering the election shall appoint the early voting
clerk.
(b) To be eligible for appointment as early voting clerk under
this section, a person must meet the requirements for eligibility
for service as a presiding election judge, except that:
(1) an appointee must be a qualified voter of the territory
covered by the election and is not required to be a qualified
voter of any other particular territory; and
(2) an appointee who is a permanent employee of the authority
ordering the election and a qualified voter of any territory is
not required to be a qualified voter of the territory covered by
the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,
ch. 1316, Sec. 19, eff. Sept. 1, 2003.
Sec. 83.008. ADDITIONAL CLERKS FOR CERTAIN ELECTIONS. (a) In
an election on the creation, organization, functioning, or
existence of one or more political subdivisions that affects more
than one political subdivision, more than one early voting clerk
may be appointed.
(b) An area within the territory covered by the election may not
be served by more than one clerk.
(c) Each clerk shall serve the one or more political
subdivisions designated by the authority appointing the clerk.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.009. EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS CLERK.
An employee of a political subdivision may serve as early voting
clerk in an election affecting the political subdivision if the
political subdivision's governing body approves the appointment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.010. PUBLIC NOTICE OF CLERK'S MAILING ADDRESS. An
election order and the election notice must state the early
voting clerk's official mailing address, except for an election
in which a county clerk or city secretary is the early voting
clerk under Section 83.002 or 83.005.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.011. OFFICE HOURS ON ELECTION DAY. The early voting
clerk's office shall remain open for early voting activities
during the hours the polls are required to be open for voting on
election day.
Added by Acts 1991, 72nd Leg., ch. 203, Sec. 1.03, eff. Sept. 1,
1991.
SUBCHAPTER B. DEPUTY CLERK
Sec. 83.031. DEPUTY EARLY VOTING CLERK GENERALLY. (a) Deputy
early voting clerks may be appointed as provided by this
subchapter to assist the early voting clerk.
(b) A deputy is an officer of the election in which the deputy
serves.
(c) A deputy early voting clerk has the same authority as the
early voting clerk in conducting early voting, subject to the
early voting clerk's supervision.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.032. DEPUTY FOR COUNTY CLERK OR CITY SECRETARY. (a) In
an election in which a county clerk or a city secretary is the
early voting clerk, the county clerk or city secretary by written
order may appoint one or more of that officer's permanent
deputies as deputy early voting clerks. The clerk or secretary
may appoint temporary deputies to serve as deputy early voting
clerks in accordance with the law applicable to the appointment
of deputies generally.
(b) For a temporary deputy to be eligible for appointment as a
deputy early voting clerk under this section, the temporary
deputy must meet the requirements for eligibility for service as
a presiding election judge, except that:
(1) an appointee is not required to be a qualified voter of any
particular territory other than the county, in the case of an
appointment by a county clerk, or the city, in the case of an
appointment by a city secretary;
(2) in an election in which the early voting clerk is a
candidate, an appointee's status as an employee of the clerk does
not make the appointee ineligible for appointment as a deputy
early voting clerk; and
(3) an appointee who is a permanent employee of the county or
city, as applicable, and a qualified voter of any territory is
not required to be a qualified voter of the county or city, as
applicable.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,
ch. 1316, Sec. 20, eff. Sept. 1, 2003.
Sec. 83.033. DEPUTY FOR OTHER CLERKS. (a) In an election in
which a person other than a county clerk or a city secretary is
the early voting clerk, the authority appointing the clerk, by
written order, may appoint one or more deputy early voting
clerks.
(b) To be eligible for appointment as a deputy early voting
clerk under this section, a person must meet the requirements for
eligibility for appointment as the early voting clerk.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.034. EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS
DEPUTY. An employee of a political subdivision may serve as
deputy early voting clerk in an election affecting the political
subdivision if the political subdivision's governing body
approves the appointment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
SUBCHAPTER C. COMPENSATION
Sec. 83.051. COMPENSATION OF COUNTY CLERK OR CITY SECRETARY. A
county clerk or a city secretary is not entitled to receive
additional compensation for serving as early voting clerk.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.052. COMPENSATION OF OTHER CLERKS AND THEIR DEPUTIES.
An early voting clerk who is not a county clerk or city secretary
and the deputy early voting clerks appointed to assist the clerk
are entitled to compensation in an amount fixed by the authority
ordering the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.053. SERVICE WITHOUT COMPENSATION BY PUBLIC EMPLOYEE.
(a) An employee of the authority ordering an election who is
appointed as early voting clerk or deputy early voting clerk may
be appointed to serve without additional compensation.
(b) An employee of a political subdivision who is appointed as
early voting clerk or deputy early voting clerk for an election
affecting the political subdivision may be appointed to serve
without additional compensation if the political subdivision's
governing body approves appointment on that basis.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
State Codes and Statutes
Statutes >
Texas >
Election-code >
Title-7-early-voting >
Chapter-83-officer-conducting-early-voting ELECTION CODE
TITLE 7. EARLY VOTING
SUBTITLE A. EARLY VOTING
CHAPTER 83. OFFICER CONDUCTING EARLY VOTING
SUBCHAPTER A. EARLY VOTING CLERK
Sec. 83.001. EARLY VOTING CLERK GENERALLY. (a) The early
voting clerk shall conduct the early voting in each election.
(b) The clerk is an officer of the election in which the clerk
serves.
(c) The clerk has the same duties and authority with respect to
early voting as a presiding election judge has with respect to
regular voting, except as otherwise provided by this title.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.002. COUNTY CLERK AS EARLY VOTING CLERK. The county
clerk is the early voting clerk for the county in:
(1) the general election for state and county officers and any
other countywide election held at county expense;
(2) a primary election; and
(3) a special election ordered by the governor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.003. CLERK FOR LESS-THAN-COUNTYWIDE ELECTIONS HELD AT
COUNTY EXPENSE. (a) In a less-than-countywide election ordered
by the commissioners court, county judge, county board of school
trustees, or any other county authority and held at county
expense, the county clerk is the early voting clerk unless the
authority appoints a person other than the county clerk.
(b) To be eligible for appointment as early voting clerk under
this section, a person must meet the requirements for eligibility
for service as a presiding election judge, except that the
appointee must be a qualified voter of the county and is not
required to be a qualified voter of any other particular
territory.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.004. CLERK FOR ELECTIONS ORDERED BY COUNTY AUTHORITY NOT
HELD AT COUNTY EXPENSE. (a) In an election ordered by the
commissioners court, county judge, county board of school
trustees, or any other county authority and not held at county
expense, the authority ordering the election shall appoint the
early voting clerk.
(b) If the county clerk is appointed as early voting clerk under
this section, the county clerk shall serve in that capacity, and
the authority responsible for paying the expenses of the election
shall reimburse the county for the time spent by the county clerk
as the early voting clerk and by the county clerk's deputies as
deputy early voting clerks.
(c) To be eligible for appointment as early voting clerk under
this section, a person other than the county clerk must meet the
requirements for eligibility for service as a presiding election
judge, except that the appointee must be a qualified voter of the
county and is not required to be a qualified voter of any other
particular territory.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.005. CLERK FOR CITY ELECTIONS. The city secretary is
the early voting clerk for an election ordered by an authority of
a city.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.006. CLERK FOR ELECTIONS OF OTHER POLITICAL
SUBDIVISIONS. (a) In an election ordered by an authority of a
political subdivision other than a county or city, the authority
ordering the election shall appoint the early voting clerk.
(b) To be eligible for appointment as early voting clerk under
this section, a person must meet the requirements for eligibility
for service as a presiding election judge, except that:
(1) an appointee must be a qualified voter of the political
subdivision and is not required to be a qualified voter of any
other particular territory;
(2) in an election in which an officer of the political
subdivision is a candidate, an appointee's status as an employee
of the political subdivision does not make the appointee
ineligible for appointment as the clerk; and
(3) an appointee who is a permanent employee of the political
subdivision and a qualified voter of any territory is not
required to be a qualified voter of the political subdivision.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,
ch. 1316, Sec. 18, eff. Sept. 1, 2003.
Sec. 83.007. CLERK FOR OTHER ELECTIONS. (a) In an election for
which this code does not provide for an early voting clerk, the
authority ordering the election shall appoint the early voting
clerk.
(b) To be eligible for appointment as early voting clerk under
this section, a person must meet the requirements for eligibility
for service as a presiding election judge, except that:
(1) an appointee must be a qualified voter of the territory
covered by the election and is not required to be a qualified
voter of any other particular territory; and
(2) an appointee who is a permanent employee of the authority
ordering the election and a qualified voter of any territory is
not required to be a qualified voter of the territory covered by
the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,
ch. 1316, Sec. 19, eff. Sept. 1, 2003.
Sec. 83.008. ADDITIONAL CLERKS FOR CERTAIN ELECTIONS. (a) In
an election on the creation, organization, functioning, or
existence of one or more political subdivisions that affects more
than one political subdivision, more than one early voting clerk
may be appointed.
(b) An area within the territory covered by the election may not
be served by more than one clerk.
(c) Each clerk shall serve the one or more political
subdivisions designated by the authority appointing the clerk.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.009. EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS CLERK.
An employee of a political subdivision may serve as early voting
clerk in an election affecting the political subdivision if the
political subdivision's governing body approves the appointment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.010. PUBLIC NOTICE OF CLERK'S MAILING ADDRESS. An
election order and the election notice must state the early
voting clerk's official mailing address, except for an election
in which a county clerk or city secretary is the early voting
clerk under Section 83.002 or 83.005.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.011. OFFICE HOURS ON ELECTION DAY. The early voting
clerk's office shall remain open for early voting activities
during the hours the polls are required to be open for voting on
election day.
Added by Acts 1991, 72nd Leg., ch. 203, Sec. 1.03, eff. Sept. 1,
1991.
SUBCHAPTER B. DEPUTY CLERK
Sec. 83.031. DEPUTY EARLY VOTING CLERK GENERALLY. (a) Deputy
early voting clerks may be appointed as provided by this
subchapter to assist the early voting clerk.
(b) A deputy is an officer of the election in which the deputy
serves.
(c) A deputy early voting clerk has the same authority as the
early voting clerk in conducting early voting, subject to the
early voting clerk's supervision.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.032. DEPUTY FOR COUNTY CLERK OR CITY SECRETARY. (a) In
an election in which a county clerk or a city secretary is the
early voting clerk, the county clerk or city secretary by written
order may appoint one or more of that officer's permanent
deputies as deputy early voting clerks. The clerk or secretary
may appoint temporary deputies to serve as deputy early voting
clerks in accordance with the law applicable to the appointment
of deputies generally.
(b) For a temporary deputy to be eligible for appointment as a
deputy early voting clerk under this section, the temporary
deputy must meet the requirements for eligibility for service as
a presiding election judge, except that:
(1) an appointee is not required to be a qualified voter of any
particular territory other than the county, in the case of an
appointment by a county clerk, or the city, in the case of an
appointment by a city secretary;
(2) in an election in which the early voting clerk is a
candidate, an appointee's status as an employee of the clerk does
not make the appointee ineligible for appointment as a deputy
early voting clerk; and
(3) an appointee who is a permanent employee of the county or
city, as applicable, and a qualified voter of any territory is
not required to be a qualified voter of the county or city, as
applicable.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,
ch. 1316, Sec. 20, eff. Sept. 1, 2003.
Sec. 83.033. DEPUTY FOR OTHER CLERKS. (a) In an election in
which a person other than a county clerk or a city secretary is
the early voting clerk, the authority appointing the clerk, by
written order, may appoint one or more deputy early voting
clerks.
(b) To be eligible for appointment as a deputy early voting
clerk under this section, a person must meet the requirements for
eligibility for appointment as the early voting clerk.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.034. EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS
DEPUTY. An employee of a political subdivision may serve as
deputy early voting clerk in an election affecting the political
subdivision if the political subdivision's governing body
approves the appointment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
SUBCHAPTER C. COMPENSATION
Sec. 83.051. COMPENSATION OF COUNTY CLERK OR CITY SECRETARY. A
county clerk or a city secretary is not entitled to receive
additional compensation for serving as early voting clerk.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.052. COMPENSATION OF OTHER CLERKS AND THEIR DEPUTIES.
An early voting clerk who is not a county clerk or city secretary
and the deputy early voting clerks appointed to assist the clerk
are entitled to compensation in an amount fixed by the authority
ordering the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 83.053. SERVICE WITHOUT COMPENSATION BY PUBLIC EMPLOYEE.
(a) An employee of the authority ordering an election who is
appointed as early voting clerk or deputy early voting clerk may
be appointed to serve without additional compensation.
(b) An employee of a political subdivision who is appointed as
early voting clerk or deputy early voting clerk for an election
affecting the political subdivision may be appointed to serve
without additional compensation if the political subdivision's
governing body approves appointment on that basis.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.06; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
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