ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE A. EARLY VOTING

CHAPTER 81. GENERAL PROVISIONS

Sec. 81.001.  EARLY VOTING REQUIRED.  (a)  In each election in this state, early voting shall be conducted by personal appearance at an early voting polling place and by mail.
(b)  A reference in a law outside this code to "absentee voting" means "early voting."
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.03;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 81.002.  APPLICABILITY OF OTHER CODE PROVISIONS.  The other titles of this code apply to early voting except provisions that are inconsistent with this title or that cannot feasibly be applied to early voting.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.03;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 81.003.  SUBSTITUTION OF ELECTRONIC SYSTEM BALLOTS FOR PAPER BALLOTS.  In an election in which an electronic voting system is used in regular voting but not for all or part of the early voting, the electronic system ballots prepared for use in regular voting may be used for early voting, if practicable, at the discretion of the authority responsible for having the official ballot prepared for the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.03;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 81.004.  LOCATION OF PUBLIC ELECTION RECORDS.  Election records for which the early voting clerk is custodian and that are public information shall be kept:
(1)  for an election in which a county clerk or city secretary is the early voting clerk, at the early voting clerk's main business office;  or
(2)  for any other election, at a location 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. 2.03;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 81.005.  COMMON OR CONTRACT CARRIER.  (a)  A common or contract carrier may not be used to perform an act in accordance with this title unless the carrier:
(1)  is a bona fide, for profit carrier, the primary business of which is transporting or delivering property for compensation and the business practices of which are reasonable and prudent according to the usual standards for the business in which it is engaged;
(2)  routinely uses receipts that:
(A)  permit the carrier to retrieve a receipt or information contained in a receipt;
(B)  provide space for the name and residence address of a person who delivers a parcel to the carrier;  and
(C)  provide space for the date, time, and address at which parcels are received by the carrier;  and
(3)  complies with laws requiring the carrier to file an assumed name with each county in which the carrier receives or delivers parcels or with the secretary of state, as appropriate.
(b)  A common or contract carrier may not be used to perform an act in accordance with this title if the carrier transports property as an incidental activity of a nontransportation business activity regardless of whether the carrier imposes a separate charge for the transportation.
Added by Acts 1997, 75th Leg., ch. 1381, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 393, Sec. 6, eff. Sept. 1, 2003.