State Codes and Statutes

Statutes > Texas > Election-code > Title-8-voting-systems > Chapter-125-conduct-of-voting-with-voting-system

ELECTION CODE

TITLE 8. VOTING SYSTEMS

CHAPTER 125. CONDUCT OF VOTING WITH VOTING SYSTEM

SUBCHAPTER A. VOTING SYSTEMS GENERALLY

Sec. 125.001. ALLOCATION OF EQUIPMENT AMONG POLLING PLACES. The

authority responsible for allocating election supplies among the

polling places for an election shall determine the number of

voting machines or units of other voting system equipment to be

installed at each polling place based on:

(1) the number of votes cast at the polling place in previous,

similar elections;

(2) the number of registered voters eligible to vote at a

polling place;

(3) the number of units of equipment available; and

(4) any other factors the authority determines are relevant.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.11, eff. January 1, 2006.

Sec. 125.002. PREPARATION OF EQUIPMENT FOR DELIVERY TO POLLING

PLACE. Before voting system equipment is delivered to a polling

place for use in an election, the authority responsible for

distributing the election supplies to the polling places shall

have the equipment put in proper order for use as prescribed by

the secretary of state.

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

Sec. 125.003. DELIVERY OF EQUIPMENT TO POLLING PLACES. The

secretary of state shall prescribe procedures governing delivery

of voting system equipment to polling places to protect the

equipment from tampering and damage.

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

Sec. 125.004. INSTALLATION OF EQUIPMENT AT POLLING PLACE. (a)

Voting system equipment shall be installed at the polling place

so that a voter can operate the equipment without violating the

secrecy of the ballot.

(b) The secretary of state may prescribe procedures consistent

with this chapter for installing voting system equipment at

polling places to protect the equipment from tampering and damage

and to facilitate its proper operation.

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

Sec. 125.005. MAINTAINING SECURITY OF EQUIPMENT DURING VOTING.

(a) The presiding judge shall periodically have an election

officer inspect the voting system equipment for tampering and

damage while voting is in progress.

(b) If any tampering or damage is discovered, the inspecting

officer shall immediately stop use of the equipment and report to

the presiding judge, who shall promptly take appropriate action.

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

Sec. 125.006. MALFUNCTION OF EQUIPMENT AT POLLING PLACE. (a)

The presiding judge shall stop use of malfunctioning voting

system equipment installed at a polling place immediately after

discovering that the equipment is not functioning properly.

(b) The presiding judge shall have the malfunctioning equipment

promptly repaired or replaced if practicable.

(c) If the presiding judge determines that the equipment cannot

be promptly repaired or replaced and that voting cannot be

continued by using only the remaining operational equipment

without substantially interfering with the orderly conduct of the

election, voting at that polling place may be conducted by one of

the following methods in addition to, or instead of, using

remaining operational equipment:

(1) using another voting system that has been adopted for use in

the election;

(2) using regular paper ballots, whether early voting ballots or

ballots for regular voting on election day; or

(3) having voters manually mark the electronic system ballots

that were furnished for use with the malfunctioning equipment and

having the ballots processed as regular paper ballots.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.56; Acts 1991, 72nd

Leg., ch. 554, Sec. 27, eff. Sept. 1, 1991.

Sec. 125.007. ASSISTING VOTER. If a voter who is voting with a

voting machine is physically unable to operate the machine, the

voter is entitled to assistance under the applicable provisions

for assisting voters using regular paper ballots.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.12, eff. January 1, 2006.

Sec. 125.008. DEPOSITING THE BALLOT. A voter shall deposit the

marked voting system ballot in the ballot box in accordance with

the instructions provided at the polling place.

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

Sec. 125.009. TRAINING POLLING PLACE PERSONNEL. The authority

adopting a voting system shall provide the election officers

serving the polling places at which the voting system is used

with the instruction and training necessary for the proper

operation of the voting system.

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

Sec. 125.010. PRESENCE OF VOTING SYSTEM TECHNICIAN AUTHORIZED.

(a) In this section, "voting system technician" means a person

who as a vocation repairs, assembles, maintains, or operates

voting system equipment.

(b) On the request of the authority holding the election, a

voting system technician may be present at a polling place, a

meeting of the early voting ballot board, or a central counting

station for the purpose of repairing, assembling, maintaining, or

operating voting system equipment.

Added by Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 12, eff. September 1, 2009.

SUBCHAPTER C. ELECTRONIC VOTING SYSTEMS

Sec. 125.061. INSPECTING EQUIPMENT AT POLLING PLACE. (a)

Before opening a polling place for voting on election day, the

presiding judge shall inspect any electronic voting system

equipment installed at the polling place to determine whether it

is installed and functioning properly.

(b) The presiding judge shall take appropriate corrective action

if the equipment is not installed or functioning properly.

(c) Repealed by Acts 2005, 79th Leg., Ch. 1107, Sec. 2.21(1),

eff. January 1, 2006.

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

by Acts 2001, 77th Leg., ch. 1054, Sec. 5, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.13, eff. January 1, 2006.

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.21(1), eff. January 1, 2006.

Sec. 125.0611. PROVIDING SEPARATE BALLOT PART FOR WRITE-IN

VOTING. (a) If an electronic system ballot includes a separate

write-in part under Section 124.064, that part shall be provided

with the electronic system ballot.

(b) A voter may not be required to request the separate write-in

part as a condition to being provided that part.

Added by Acts 1999, 76th Leg., ch. 1316, Sec. 2, eff. Sept. 1,

1999.

Sec. 125.062. ALTERNATIVE PROCEDURE TO ROTATING BALLOT BOXES.

The secretary of state may prescribe an alternative procedure to

that of using two ballot boxes on a rotating basis at a polling

place using an electronic voting system if the secretary

determines that an alternative procedure is necessary for the

efficient conduct of voting with the particular voting system.

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

Sec. 125.063. SECURING EQUIPMENT ON CLOSE OF VOTING. On the

close of voting at each polling place at which electronic voting

system equipment is used, an election officer shall secure or

inactivate the equipment as prescribed by the secretary of state

so that its unauthorized operation is prevented.

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

Sec. 125.064. RECORDS AVAILABLE FOR PUBLIC INSPECTION. Any

documents or records used in the preparation of or prepared for

use in an electronic voting system for the operation of the

system for a particular election and any documents or records

generated by the system in that election shall be made available

for public inspection in the office of the general custodian of

election records for the period for preserving the precinct

election records.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 6, eff. Sept. 1,

1987.

State Codes and Statutes

Statutes > Texas > Election-code > Title-8-voting-systems > Chapter-125-conduct-of-voting-with-voting-system

ELECTION CODE

TITLE 8. VOTING SYSTEMS

CHAPTER 125. CONDUCT OF VOTING WITH VOTING SYSTEM

SUBCHAPTER A. VOTING SYSTEMS GENERALLY

Sec. 125.001. ALLOCATION OF EQUIPMENT AMONG POLLING PLACES. The

authority responsible for allocating election supplies among the

polling places for an election shall determine the number of

voting machines or units of other voting system equipment to be

installed at each polling place based on:

(1) the number of votes cast at the polling place in previous,

similar elections;

(2) the number of registered voters eligible to vote at a

polling place;

(3) the number of units of equipment available; and

(4) any other factors the authority determines are relevant.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.11, eff. January 1, 2006.

Sec. 125.002. PREPARATION OF EQUIPMENT FOR DELIVERY TO POLLING

PLACE. Before voting system equipment is delivered to a polling

place for use in an election, the authority responsible for

distributing the election supplies to the polling places shall

have the equipment put in proper order for use as prescribed by

the secretary of state.

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

Sec. 125.003. DELIVERY OF EQUIPMENT TO POLLING PLACES. The

secretary of state shall prescribe procedures governing delivery

of voting system equipment to polling places to protect the

equipment from tampering and damage.

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

Sec. 125.004. INSTALLATION OF EQUIPMENT AT POLLING PLACE. (a)

Voting system equipment shall be installed at the polling place

so that a voter can operate the equipment without violating the

secrecy of the ballot.

(b) The secretary of state may prescribe procedures consistent

with this chapter for installing voting system equipment at

polling places to protect the equipment from tampering and damage

and to facilitate its proper operation.

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

Sec. 125.005. MAINTAINING SECURITY OF EQUIPMENT DURING VOTING.

(a) The presiding judge shall periodically have an election

officer inspect the voting system equipment for tampering and

damage while voting is in progress.

(b) If any tampering or damage is discovered, the inspecting

officer shall immediately stop use of the equipment and report to

the presiding judge, who shall promptly take appropriate action.

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

Sec. 125.006. MALFUNCTION OF EQUIPMENT AT POLLING PLACE. (a)

The presiding judge shall stop use of malfunctioning voting

system equipment installed at a polling place immediately after

discovering that the equipment is not functioning properly.

(b) The presiding judge shall have the malfunctioning equipment

promptly repaired or replaced if practicable.

(c) If the presiding judge determines that the equipment cannot

be promptly repaired or replaced and that voting cannot be

continued by using only the remaining operational equipment

without substantially interfering with the orderly conduct of the

election, voting at that polling place may be conducted by one of

the following methods in addition to, or instead of, using

remaining operational equipment:

(1) using another voting system that has been adopted for use in

the election;

(2) using regular paper ballots, whether early voting ballots or

ballots for regular voting on election day; or

(3) having voters manually mark the electronic system ballots

that were furnished for use with the malfunctioning equipment and

having the ballots processed as regular paper ballots.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.56; Acts 1991, 72nd

Leg., ch. 554, Sec. 27, eff. Sept. 1, 1991.

Sec. 125.007. ASSISTING VOTER. If a voter who is voting with a

voting machine is physically unable to operate the machine, the

voter is entitled to assistance under the applicable provisions

for assisting voters using regular paper ballots.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.12, eff. January 1, 2006.

Sec. 125.008. DEPOSITING THE BALLOT. A voter shall deposit the

marked voting system ballot in the ballot box in accordance with

the instructions provided at the polling place.

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

Sec. 125.009. TRAINING POLLING PLACE PERSONNEL. The authority

adopting a voting system shall provide the election officers

serving the polling places at which the voting system is used

with the instruction and training necessary for the proper

operation of the voting system.

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

Sec. 125.010. PRESENCE OF VOTING SYSTEM TECHNICIAN AUTHORIZED.

(a) In this section, "voting system technician" means a person

who as a vocation repairs, assembles, maintains, or operates

voting system equipment.

(b) On the request of the authority holding the election, a

voting system technician may be present at a polling place, a

meeting of the early voting ballot board, or a central counting

station for the purpose of repairing, assembling, maintaining, or

operating voting system equipment.

Added by Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 12, eff. September 1, 2009.

SUBCHAPTER C. ELECTRONIC VOTING SYSTEMS

Sec. 125.061. INSPECTING EQUIPMENT AT POLLING PLACE. (a)

Before opening a polling place for voting on election day, the

presiding judge shall inspect any electronic voting system

equipment installed at the polling place to determine whether it

is installed and functioning properly.

(b) The presiding judge shall take appropriate corrective action

if the equipment is not installed or functioning properly.

(c) Repealed by Acts 2005, 79th Leg., Ch. 1107, Sec. 2.21(1),

eff. January 1, 2006.

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

by Acts 2001, 77th Leg., ch. 1054, Sec. 5, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.13, eff. January 1, 2006.

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.21(1), eff. January 1, 2006.

Sec. 125.0611. PROVIDING SEPARATE BALLOT PART FOR WRITE-IN

VOTING. (a) If an electronic system ballot includes a separate

write-in part under Section 124.064, that part shall be provided

with the electronic system ballot.

(b) A voter may not be required to request the separate write-in

part as a condition to being provided that part.

Added by Acts 1999, 76th Leg., ch. 1316, Sec. 2, eff. Sept. 1,

1999.

Sec. 125.062. ALTERNATIVE PROCEDURE TO ROTATING BALLOT BOXES.

The secretary of state may prescribe an alternative procedure to

that of using two ballot boxes on a rotating basis at a polling

place using an electronic voting system if the secretary

determines that an alternative procedure is necessary for the

efficient conduct of voting with the particular voting system.

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

Sec. 125.063. SECURING EQUIPMENT ON CLOSE OF VOTING. On the

close of voting at each polling place at which electronic voting

system equipment is used, an election officer shall secure or

inactivate the equipment as prescribed by the secretary of state

so that its unauthorized operation is prevented.

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

Sec. 125.064. RECORDS AVAILABLE FOR PUBLIC INSPECTION. Any

documents or records used in the preparation of or prepared for

use in an electronic voting system for the operation of the

system for a particular election and any documents or records

generated by the system in that election shall be made available

for public inspection in the office of the general custodian of

election records for the period for preserving the precinct

election records.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 6, eff. Sept. 1,

1987.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Election-code > Title-8-voting-systems > Chapter-125-conduct-of-voting-with-voting-system

ELECTION CODE

TITLE 8. VOTING SYSTEMS

CHAPTER 125. CONDUCT OF VOTING WITH VOTING SYSTEM

SUBCHAPTER A. VOTING SYSTEMS GENERALLY

Sec. 125.001. ALLOCATION OF EQUIPMENT AMONG POLLING PLACES. The

authority responsible for allocating election supplies among the

polling places for an election shall determine the number of

voting machines or units of other voting system equipment to be

installed at each polling place based on:

(1) the number of votes cast at the polling place in previous,

similar elections;

(2) the number of registered voters eligible to vote at a

polling place;

(3) the number of units of equipment available; and

(4) any other factors the authority determines are relevant.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.11, eff. January 1, 2006.

Sec. 125.002. PREPARATION OF EQUIPMENT FOR DELIVERY TO POLLING

PLACE. Before voting system equipment is delivered to a polling

place for use in an election, the authority responsible for

distributing the election supplies to the polling places shall

have the equipment put in proper order for use as prescribed by

the secretary of state.

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

Sec. 125.003. DELIVERY OF EQUIPMENT TO POLLING PLACES. The

secretary of state shall prescribe procedures governing delivery

of voting system equipment to polling places to protect the

equipment from tampering and damage.

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

Sec. 125.004. INSTALLATION OF EQUIPMENT AT POLLING PLACE. (a)

Voting system equipment shall be installed at the polling place

so that a voter can operate the equipment without violating the

secrecy of the ballot.

(b) The secretary of state may prescribe procedures consistent

with this chapter for installing voting system equipment at

polling places to protect the equipment from tampering and damage

and to facilitate its proper operation.

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

Sec. 125.005. MAINTAINING SECURITY OF EQUIPMENT DURING VOTING.

(a) The presiding judge shall periodically have an election

officer inspect the voting system equipment for tampering and

damage while voting is in progress.

(b) If any tampering or damage is discovered, the inspecting

officer shall immediately stop use of the equipment and report to

the presiding judge, who shall promptly take appropriate action.

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

Sec. 125.006. MALFUNCTION OF EQUIPMENT AT POLLING PLACE. (a)

The presiding judge shall stop use of malfunctioning voting

system equipment installed at a polling place immediately after

discovering that the equipment is not functioning properly.

(b) The presiding judge shall have the malfunctioning equipment

promptly repaired or replaced if practicable.

(c) If the presiding judge determines that the equipment cannot

be promptly repaired or replaced and that voting cannot be

continued by using only the remaining operational equipment

without substantially interfering with the orderly conduct of the

election, voting at that polling place may be conducted by one of

the following methods in addition to, or instead of, using

remaining operational equipment:

(1) using another voting system that has been adopted for use in

the election;

(2) using regular paper ballots, whether early voting ballots or

ballots for regular voting on election day; or

(3) having voters manually mark the electronic system ballots

that were furnished for use with the malfunctioning equipment and

having the ballots processed as regular paper ballots.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.56; Acts 1991, 72nd

Leg., ch. 554, Sec. 27, eff. Sept. 1, 1991.

Sec. 125.007. ASSISTING VOTER. If a voter who is voting with a

voting machine is physically unable to operate the machine, the

voter is entitled to assistance under the applicable provisions

for assisting voters using regular paper ballots.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.12, eff. January 1, 2006.

Sec. 125.008. DEPOSITING THE BALLOT. A voter shall deposit the

marked voting system ballot in the ballot box in accordance with

the instructions provided at the polling place.

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

Sec. 125.009. TRAINING POLLING PLACE PERSONNEL. The authority

adopting a voting system shall provide the election officers

serving the polling places at which the voting system is used

with the instruction and training necessary for the proper

operation of the voting system.

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

Sec. 125.010. PRESENCE OF VOTING SYSTEM TECHNICIAN AUTHORIZED.

(a) In this section, "voting system technician" means a person

who as a vocation repairs, assembles, maintains, or operates

voting system equipment.

(b) On the request of the authority holding the election, a

voting system technician may be present at a polling place, a

meeting of the early voting ballot board, or a central counting

station for the purpose of repairing, assembling, maintaining, or

operating voting system equipment.

Added by Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 12, eff. September 1, 2009.

SUBCHAPTER C. ELECTRONIC VOTING SYSTEMS

Sec. 125.061. INSPECTING EQUIPMENT AT POLLING PLACE. (a)

Before opening a polling place for voting on election day, the

presiding judge shall inspect any electronic voting system

equipment installed at the polling place to determine whether it

is installed and functioning properly.

(b) The presiding judge shall take appropriate corrective action

if the equipment is not installed or functioning properly.

(c) Repealed by Acts 2005, 79th Leg., Ch. 1107, Sec. 2.21(1),

eff. January 1, 2006.

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

by Acts 2001, 77th Leg., ch. 1054, Sec. 5, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.13, eff. January 1, 2006.

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.21(1), eff. January 1, 2006.

Sec. 125.0611. PROVIDING SEPARATE BALLOT PART FOR WRITE-IN

VOTING. (a) If an electronic system ballot includes a separate

write-in part under Section 124.064, that part shall be provided

with the electronic system ballot.

(b) A voter may not be required to request the separate write-in

part as a condition to being provided that part.

Added by Acts 1999, 76th Leg., ch. 1316, Sec. 2, eff. Sept. 1,

1999.

Sec. 125.062. ALTERNATIVE PROCEDURE TO ROTATING BALLOT BOXES.

The secretary of state may prescribe an alternative procedure to

that of using two ballot boxes on a rotating basis at a polling

place using an electronic voting system if the secretary

determines that an alternative procedure is necessary for the

efficient conduct of voting with the particular voting system.

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

Sec. 125.063. SECURING EQUIPMENT ON CLOSE OF VOTING. On the

close of voting at each polling place at which electronic voting

system equipment is used, an election officer shall secure or

inactivate the equipment as prescribed by the secretary of state

so that its unauthorized operation is prevented.

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

Sec. 125.064. RECORDS AVAILABLE FOR PUBLIC INSPECTION. Any

documents or records used in the preparation of or prepared for

use in an electronic voting system for the operation of the

system for a particular election and any documents or records

generated by the system in that election shall be made available

for public inspection in the office of the general custodian of

election records for the period for preserving the precinct

election records.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 6, eff. Sept. 1,

1987.


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