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 (H.B. 2309), 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 (H.B. 2309), 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 (S.B. 1970), 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 (H.B. 2309), Sec. 2.13, eff. January 1, 2006.
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), 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.