89R2500 MLH-F     By: Hall S.B. No. 2753       A BILL TO BE ENTITLED   AN ACT   relating to the time, place, and manner of voting, including   abolishing early and absentee voting, providing for a voting   period, and establishing voting centers; reestablishing criminal   offenses and authorization for certain fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  CONDUCT OF ELECTIONS          SECTION 1.001.  Chapter 31, Election Code, is amended by   adding Subchapter B-1 to read as follows:   SUBCHAPTER B-1.  DEPUTY CLERK FOR VOTING BY MAIL          Sec. 31.061.  DEPUTY CLERK GENERALLY. (a)  Deputy clerks may   be appointed as provided by this subchapter to assist the county   clerk in administering voting by mail in the county.          (b)  A deputy clerk under this subchapter is an officer of   the election in which the deputy serves.          (c)  A deputy clerk under this subchapter has the same   authority as the county clerk in conducting voting by mail, subject   to the county clerk's supervision.          Sec. 31.062.  DEPUTY FOR COUNTY CLERK OR CITY SECRETARY. (a)     In an election in which a county clerk or a city secretary is   performing the functions of a county clerk with regard to voting by   mail, the county clerk or city secretary by written order may   appoint one or more of that officer's permanent deputies as deputy   clerks under this subchapter. The clerk or secretary may appoint   temporary deputies to serve as deputy clerks under this subchapter   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 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 county 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   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.          Sec. 31.063.  DEPUTY FOR OTHER CLERKS. (a) In an election   in which a person other than a county clerk or a city secretary is   performing the functions of a county clerk with regard to voting by   mail, the authority appointing the clerk, by written order, may   appoint one or more deputy clerks under this subchapter.          (b)  To be eligible for appointment as a deputy clerk under   this section, a person must meet the requirements for eligibility   for appointment as the county clerk.          Sec. 31.064.  EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS   DEPUTY. An employee of a political subdivision may serve as a   deputy clerk under this subchapter in an election affecting the   political subdivision if the political subdivision's governing   body approves the appointment.          SECTION 1.002.  Section 32.003, Election Code, is amended to   read as follows:          Sec. 32.003.  JUDGES FOR VOTING CENTER [CONSOLIDATED COUNTY   ELECTION PRECINCTS].  If election precincts are assigned to a   voting center [consolidated in a special election in which the   regular county election precincts are required to be used], the   commissioners court shall appoint the election judges to serve in   each voting center [consolidated precinct] from among the judges   appointed for the precincts assigned to the voting center   [comprising the consolidated precinct].          SECTION 1.003.  Subchapter A, Chapter 41, Election Code, is   amended by adding Sections 41.009 and 41.010 to read as follows:          Sec. 41.009.  METHOD OF VOTING. A voter in this state may   only cast a ballot:                (1)  in person on election day or during the voting   period; or                (2)  by mail in the time and manner provided by this   code.          Sec. 41.010.  VOTING PERIOD. The voting period begins on the   eighth day before election day and continues through the day before   election day, including Saturdays, Sundays, and holidays.          SECTION 1.004.  Section 41.031, Election Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  On election day [Except as provided by Section 41.033],   the polls shall be opened at 7 a.m. for voting and shall be closed at   7 p.m., except as provided by Section 41.033.          (a-1)  On each day of the voting period, the polls shall be   open for voting:                (1)  in a county with a population of 50,000 or more,   for the same hours as on election day; and                (2)  in a county with a population of less than 50,000,   for not fewer than eight consecutive hours between 6 a.m. and 7   p.m., provided the polls shall be open for voting for the same hours   each day of the voting period.          SECTION 1.005.  Section 42.002(b), Election Code, is amended   to read as follows:          (b)  Except as provided by Section 42.0052 [Sections 42.008   and 42.009], county election precincts may not be combined or   consolidated for an election.          SECTION 1.006.  Subchapter A, Chapter 42, Election Code, is   amended by adding Section 42.0052 to read as follows:          Sec. 42.0052.  VOTING CENTERS. (a)  The commissioners court   may create one or more voting centers in the county. Except as   provided by this section, a voting center is a polling place and is   subject to all laws applicable to a polling place.          (b)  The commissioners court may assign one or more election   precincts to a voting center. A precinct that is assigned to a   voting center may not operate a separate polling place for the   precinct.          (c)  Election precincts assigned to a voting center may not   serve a total of more than 5,000 registered voters.          (d)  If the commissioners court creates more than one voting   center, the number of voters served by the smallest voting center in   the county may not be less than 95 percent of the number of voters   served by the largest voting center in the county.          SECTION 1.007.  Section 43.002(b), Election Code, is amended   to read as follows:          (b)  If county election precincts are assigned to a voting   center under Section 42.0052 [consolidated], the commissioners   court shall designate the location of the voting center [polling   place for the consolidated precinct].          SECTION 1.008.  Section 43.003, Election Code, is amended to   read as follows:          Sec. 43.003.  DESIGNATION OF LOCATION:  PRIMARY ELECTION.     The county chair of a political party holding a primary election   shall designate the location of the polling place for each election   precinct in the primary unless the precinct is one that is assigned   to a voting center under Section 42.0052 [consolidated].  In that   case, the county executive committee shall designate the location   of the voting center.          SECTION 1.009.  Title 6, Election Code, is amended by adding   Subtitle A, and a heading is added to that subtitle to read as   follows:   SUBTITLE A. VOTING IN PERSON          SECTION 1.010.  Chapters 61, 62, 63, and 64, Election Code,   are transferred to Subtitle A, Title 6, Election Code, as added by   this Act, reenacted, and amended to read as follows:   CHAPTER 61. CONDUCT OF VOTING IN PERSON 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 (b) [(a-1)], a person may not be in the polling place   from the time the presiding judge arrives there on the first day of   the voting period [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.          (b) [(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.          (c) [(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.          (d) [(c)]  It is an exception to the application of   Subsection (c) [(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.          (e) [(d)]  An offense under this section is a Class C   misdemeanor.          Sec. 61.002.  OPENING AND CLOSING POLLING PLACE FOR VOTING.   (a)  Immediately before opening the polls for voting on the first   day of the [early] voting period [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.          Sec. 61.003.  ELECTIONEERING AND LOITERING NEAR POLLING   PLACE. (a) A person commits an offense if, while the polls are open   for voting [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.          (b) [(a-1)]  The entity that owns or controls a public   building being used as a polling place may not, at any time while   the polls are open for voting [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.          (c) [(b)]  In this section, "electioneering"[:                [(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.          (d) [(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.          Sec. 61.004.  UNLAWFUL OPERATION OF SOUND AMPLIFICATION   DEVICE OR SOUND TRUCK. (a) A person commits an offense if, while   the polls are open for voting [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.          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 on the first day of the voting period until the precinct   returns have been certified, be:                (1)  in plain view of at least one election officer   while polls are open; or                (2)  secured in the manner prescribed by the secretary   of state while polls are closed.          (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.          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.          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)  On each day of the voting period and on election day,   beginning [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. The   presiding judge in a county described by Section 41.031(a-1)(2) is   not required to post the notice if, at a time for posting the notice   during the voting period, polls are not open for voting.          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.          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.          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.          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).          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 52   U.S.C. Section 21081(a)(3) [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.          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 52 U.S.C.   Section 21081(a)(3) [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 52   U.S.C. Section 21081(a)(3) [42 U.S.C. Section 15481(a)(3)] on   election day and during the voting 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 52 U.S.C. Section   21081(a)(3) [42 U.S.C. Section 15481(a)(3)] on election day and   during the voting period [for early voting by personal appearance];   and                      (C)  provides a mobile voting station that meets   the requirements for accessibility under 52 U.S.C. Section   21081(a)(3) [42 U.S.C. Section 15481(a)(3)] that during the voting   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 who [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   county [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 county [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 52 U.S.C. Section 21081(a)(3)   [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 52 U.S.C. Section 21081(a)(3)   [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 voting 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.          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.   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.          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.          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.          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.          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.          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.   SUBCHAPTER C. VOTING BY DISABLED VOTER FROM VOTING SYSTEM PRECINCT          Sec. 61.041.  ELIGIBILITY. A qualified voter in whose   precinct polling place voting is conducted by voting machine is   eligible to vote by the mail ballot procedure provided by this   subchapter if the voter has a sickness or physical condition that   prevents the voter from voting in the regular manner without   personal assistance or a likelihood of injuring the voter's health.          Sec. 61.042.  FORM AND CONTENTS OF APPLICATION. An   application to vote by mail under this subchapter must:                (1)  be in the form of an affidavit; and                (2)  include, in addition to the information required   by the applicable provisions of Section 72.002, a statement that   the applicant has not previously voted in the election.          Sec. 61.043.  TIME AND PLACE FOR VOTING. Voting under this   subchapter shall be conducted on election day, beginning at 7 a.m.   and concluding at 7 p.m., at the county clerk's office. However, if   the mail ballots are processed at a location other than the county   clerk's office, the county clerk may require the voting to be   conducted at that location.          Sec. 61.044.  VOTING PROCEDURE. (a) On submission of an   application to the county clerk, the clerk shall review the   application and verify the applicant's registration status in   accordance with the procedure applicable to voting by mail.          (b)  The voting shall be conducted with the balloting   materials for voting by mail.          (c)  The voter must mark and seal the ballot in the same   manner as if voting by mail except that the certificate on the   carrier envelope need not be completed.          (d)  On sealing the carrier envelope, the voter must give it   to the clerk, who shall note on the envelope that the ballot is   voted under this subchapter.          (e)  If the voter is physically unable to enter the county   clerk's office without personal assistance or a likelihood of   injuring the voter's health, the clerk shall deliver the balloting   materials to the voter at the office's entrance or curb following   the procedures prescribed by Section 64.009.          Sec. 61.045.  PROCESSING RESULTS. The results of voting   under this subchapter shall be processed in accordance with the   procedures applicable to processing mail ballots.          Sec. 61.046.  ENTRY ON SIGNATURE ROSTER. The signature   roster must include the name of each person voting under this   subchapter with a notation indicating that the person voted under   this subchapter.   CHAPTER 62. PRELIMINARY ARRANGEMENTS          Sec. 62.001.  OFFICERS TO ASSEMBLE. (a) On each day of the   voting period and on election day, the presiding judge and the   election clerks the judge assigns to assist with preparing the   polling place shall meet at the polling place in time to prepare it   to receive the voters.          (b)  If the polling place is left unattended at any time   after the preparations for voting begin, the presiding judge shall   take appropriate steps to provide for the security of the polling   place. This subsection does not affect the security requirements   for a polling place after the polls open.          Sec. 62.002.  TIME FOR COMPLETING ARRANGEMENTS. Except as   otherwise provided by this chapter, the arrangements prescribed by   this chapter shall be completed at a polling place before it is   opened for voting.          Sec. 62.003.  ELECTION OFFICERS: OATH AND IDENTIFICATION.   (a) The presiding judge and the election clerks present at the   polling place before the polls open shall repeat the following oath   aloud:          "I swear (or affirm) that I will not in any manner request or   seek to persuade or induce any voter to vote for or against any   candidate or measure to be voted on, and that I will faithfully   perform my duty as an officer of the election and guard the purity   of the election."          (b)  A clerk who arrives after the oath is made shall repeat   the oath aloud before performing any duties as an election officer.          (c)  Following administration of the oath, each election   officer shall be issued a form of identification, prescribed by the   secretary of state, to be displayed by the officer during the   officer's hours of service at the polling place.          Sec. 62.004.  ARRANGING VOTING STATIONS. The voting   stations shall be arranged so that:                (1)  the voting area is in view of the election   officers, watchers, and persons waiting to vote but is separated   from the persons waiting to vote;                (2)  access to the voting area through any entrance   other than one designated by the presiding judge is prevented; and                (3)  the voting area is adequately lighted.          Sec. 62.005.  EXAMINING BALLOT BOXES. An election officer   shall open and examine the ballot boxes and remove any contents from   the boxes.          Sec. 62.006.  PLACING BOX FOR DEPOSIT OF MARKED BALLOTS. The   ballot box to be used by the voters to deposit marked ballots shall   be locked. The ballot box and the box used for the deposit of   provisional ballots shall be placed where they will be in plain view   of the election officers, watchers, and persons waiting to vote.          Sec. 62.007.  EXAMINING BALLOTS. (a) An election officer   shall unseal the ballot package, remove the ballots, and examine   them to determine whether they are properly numbered and printed.          (b)  An unnumbered or otherwise defectively printed ballot   shall be placed in ballot box no. 4.          Sec. 62.008.  PRESIDING JUDGE TO SIGN BALLOTS. (a) The   presiding judge's signature shall be placed on the back of each   ballot to be used at the polling place.          (b)  The judge shall sign each ballot or an election officer   shall stamp a facsimile of the judge's signature on each ballot.          (c)  The signing of ballots need not be completed before the   polls open, but an unsigned ballot may not be made available for   selection by the voters.          Sec. 62.009.  DISARRANGING BALLOTS FOR VOTERS' SELECTION.   (a) As needed for voting, an election officer shall disarrange a   supply of the ballots so that they are in random numerical order.          (b)  The disarranged ballots shall be placed face down on a   table in a manner preventing an election officer or other person   from ascertaining the number of a ballot selected by a voter.          (c)  The provisional ballots shall be placed separately from   the regular ballots.          Sec. 62.010.  DISTANCE MARKER. (a) An election officer   shall place one or more distance markers at the outer limits of the   area within which electioneering is prohibited.          (b)  A distance marker must contain the following language   printed in large letters: "Distance Marker. No electioneering or   loitering between this point and the entrance to the polling   place."          Sec. 62.011.  INSTRUCTION POSTER. (a) An election officer   shall post an instruction poster:                (1)  in each voting station; and                (2)  in one or more other locations in the polling place   where it can be read by persons waiting to vote.          (b)  The secretary of state shall prescribe the form and   content of the instruction poster. If it is not practical to fit all   of the information required by this section on a single poster, the   secretary of state may provide for the use of two or more posters to   convey the information.          (c)  The poster must include instructions applicable to the   election on:                (1)  marking and depositing the ballot;                (2)  voting for a write-in candidate;                (3)  casting a provisional ballot; and                (4)  securing an additional ballot if the voter's   original ballot is spoiled.          (d)  The poster must also include the following information:                (1)  the date of the election and the hours during which   the polling place is open;                (2)  general information on voting rights under state   and federal laws, including information on the right of an   individual to cast a provisional ballot and the individuals to   contact if a person believes these rights have been violated; and                (3)  general information on state and federal laws that   prohibit acts of fraud or misrepresentation.          Sec. 62.0111.  NOTICE OF PROHIBITION OF CERTAIN DEVICES.   (a) At the discretion of the presiding judge, notice of the   prohibition of the use of certain devices under Section 61.014 may   be posted at one or more locations in the polling place where it can   be read by persons waiting to vote.          (b)  The secretary of state shall prescribe the wording of a   notice posted under this section.          Sec. 62.0112.  NOTICE OF VOTER COMPLAINT INFORMATION. (a)   At one or more locations in the polling place easily visible to   voters, the presiding judge shall post notice in a form prescribed   by the secretary of state that informs voters of whom [who] to call   or write to if a voter has a complaint about the conduct of the   election.          (b)  The title of the notice must read "Voter Complaint   Information" and must be printed in at least 100-point Times New   Roman font. The notice must:                (1)  include the telephone number for the voting rights   hotline established by the secretary of state under Section   31.0055;                (2)  include any available telephone number dedicated   to reporting complaints about the local election official that is   administering the election; and                (3)  include mailing addresses or Internet websites, as   available, to which voters may direct complaints to the federal,   state, or local governments about the conduct of elections.          Sec. 62.0115.  PUBLIC NOTICE OF VOTERS' RIGHTS. (a) The   secretary of state shall adopt rules providing for publicizing   voters' rights as prescribed by this section. The rules must   require that a notice of those rights be publicized:                (1)  by being posted by an election officer in a   prominent location at each polling place;                (2)  on the Internet website of the secretary of state;                (3)  through material published by the secretary of   state; or                (4)  in another manner designed to give voters notice   of their rights.          (b)  Except as revised by the secretary of state under   Subsection (d), the notice must state that a voter has the right to:                (1)  vote a ballot and view written instructions on how   to cast a ballot;                (2)  vote in secret and free from intimidation;                (3)  receive up to two additional ballots if the voter   mismarks, damages, or otherwise spoils a ballot;                (4)  request instructions on how to cast a ballot, but   not to receive suggestions on how to vote;                (5)  bring an interpreter to translate the ballot and   any instructions from election officials;                (6)  receive assistance in casting the ballot if the   voter:                      (A)  has a physical disability that renders the   voter unable to write or see; or                      (B)  cannot read the language in which the ballot   is written;                (7)  cast a ballot on executing an affidavit as   provided by law, if the voter's eligibility to vote is questioned;                (8)  report an existing or potential abuse of voting   rights to the secretary of state or the local election official;                (9)  [except as provided by Section 85.066(b), Election   Code,] vote during the [at any early] voting period [location in the   county in which the voter resides] in an election held at county   expense, a primary election, or a special election ordered by the   governor at a location in which the voter would be eligible to vote   on election day; and                (10)  file an administrative complaint with the   secretary of state concerning a violation of federal or state   voting procedures.          (c)  The notice must also state:                (1)  the information relating to the voting rights   hotline required under Section 31.0055; and                (2)  any other information that the secretary of state   considers important for a voter to know.          (d)  The secretary of state shall prescribe the form and   content of the notice in accordance with this section. The   secretary of state shall revise the content of the notice as   necessary to ensure that the notice accurately reflects the law in   effect at the time the notice is publicized.          Sec. 62.012.  POSTING SAMPLE BALLOT. An election officer   shall post a sample ballot in one or more locations in the polling   place where it can be read by persons waiting to vote.          Sec. 62.013.  UNAUTHORIZED POSTING OF SIGNS PROHIBITED. (a)   An election officer commits an offense if the officer knowingly   posts at a polling place, including the area within 100 feet of an   outside door through which a voter may enter the building in which   the polling place is located, a sign, card, poster, or other similar   material that:                (1)  is not authorized or required by law; or                (2)  is in a form or contains information that is not   authorized or required by law.          (b)  A person other than an election officer commits an   offense if the person posts a sign, card, poster, or other similar   material at a polling place, including the 100-foot area described   by Subsection (a).          (c)  An offense under this section is a Class C misdemeanor.          Sec. 62.014.  MODIFICATION OF LIST OF REGISTERED VOTERS.   (a) If a registration correction list is provided for a polling   place, an election officer shall make the changes to the list of   registered voters that are necessary to make it conform to the   registration correction list.          (c)  An election officer may make the changes to the list of   registered voters required by this section at a location other than   the polling place before it is opened for voting.          Sec. 62.015.  PLACING INDELIBLE MARKING INSTRUMENT IN   STATION. (a) An indelible marking instrument shall be placed in   each voting station.          (b)  In this section, "indelible marking instrument" means   an instrument that makes marks that cannot easily be removed or   erased.          Sec. 62.016.  NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE   POLLING PLACES. The presiding judge shall post in a prominent place   on the outside of each polling location a list of the acceptable   forms of identification. The list must be printed using a font that   is at least 24-point. The notice required under this section must be   posted separately from any other notice required by state or   federal law.   CHAPTER 63. ACCEPTING VOTER          Sec. 63.001.  REGULAR PROCEDURE FOR ACCEPTING VOTER. (a)   Except as otherwise provided by this code, acceptance of voters   shall be conducted as provided by this section and Section 63.0011.          (b)  Except as provided by Subsection (h), on offering to   vote, a voter must present to an election officer at the polling   place:                (1)  one form of photo identification listed in Section   63.0101(a); or                (2)  one form of identification listed in Section   63.0101(b) accompanied by the declaration described by Subsection   (i).          (c)  On presentation of the documentation required under   Subsection (b), an election officer shall determine whether the   voter's name on the documentation is on the list of registered   voters for the precinct. If in making a determination under this   subsection the election officer determines under standards adopted   by the secretary of state that the voter's name on the documentation   is substantially similar to but does not match exactly with the name   on the list, the voter shall be accepted for voting under Subsection   (d) if the voter submits an affidavit stating that the voter is the   person on the list of registered voters.          (c-1)  An election officer may not refuse to accept   documentation presented to meet the requirements of Subsection (b)   solely because the address on the documentation does not match the   address on the list of registered voters.          (d)  If, as determined under Subsection (c), the voter's name   is on the precinct list of registered voters and the voter's   identity can be verified from the documentation presented under   Subsection (b), the voter shall be accepted for voting. An election   officer may not question the reasonableness of an impediment sworn   to by a voter in a declaration described by Subsection (i).          (e)  On accepting a voter, an election officer shall indicate   beside the voter's name on the list of registered voters that the   voter is accepted for voting. If the voter executes a declaration of   reasonable impediment to meet the requirement for identification   under Subsection (b), the election officer must affix the voter's   voter registration number to the declaration either in numeric or   bar code form.          (f)  After determining whether to accept a voter, an election   officer shall return the voter's documentation to the voter.          (g)  If the requirements for identification prescribed by   Subsection (b) are not met, the voter may be accepted for   provisional voting only under Section 63.011. For a voter who is not   accepted for voting under this section, an election officer shall:                (1)  inform the voter of the voter's right to cast a   provisional ballot under Section 63.011; and                (2)  provide the voter with written information, in a   form prescribed by the secretary of state, that:                      (A)  lists the requirements for identification;                      (B)  states the procedure for presenting   identification under Section 92.1541 [65.0541];                      (C)  includes a map showing the location where   identification must be presented; and                      (D)  includes notice that if all procedures are   followed and the voter is found to be eligible to vote and is voting   in the correct precinct, the voter's provisional ballot will be   accepted.          (h)  The requirements for identification prescribed by   Subsection (b) do not apply to a voter who is disabled and presents   the voter's voter registration certificate containing the   indication described by Section 15.001(c) on offering to vote.          (i)  If the requirement for identification prescribed by   Subsection (b)(1) is not met, an election officer shall notify the   voter that the voter may be accepted for voting if the voter meets   the requirement for identification prescribed by Subsection (b)(2)   and executes a declaration declaring the voter has a reasonable   impediment to meeting the requirement for identification   prescribed by Subsection (b)(1). A person is subject to prosecution   for perjury under Chapter 37, Penal Code, or Section 63.0013 for a   false statement or false information on the declaration. The   secretary of state shall prescribe the form of the declaration. The   form shall include:                (1)  a notice that a person is subject to prosecution   for perjury under Chapter 37, Penal Code, or Section 63.0013 for a   false statement or false information on the declaration;                (2)  a statement that the voter swears or affirms that   the information contained in the declaration is true, that the   person described in the declaration is the same person appearing at   the polling place to sign the declaration, and that the voter faces   a reasonable impediment to procuring the identification prescribed   by Subsection (b)(1);                (3)  a place for the voter to indicate one of the   following impediments:                      (A)  lack of transportation;                      (B)  lack of birth certificate or other documents   needed to obtain the identification prescribed by Subsection   (b)(1);                      (C)  work schedule;                      (D)  lost or stolen identification;                      (E)  disability or illness;                      (F)  family responsibilities; and                      (G)  the identification prescribed by Subsection   (b)(1) has been applied for but not received;                (4)  a place for the voter to sign and date the   declaration;                (5)  a place for the election judge to sign and date the   declaration;                (6)  a place to note the polling place at which the   declaration is signed; and                (7)  a place for the election judge to note which form   of identification prescribed by Subsection (b)(2) the voter   presented.          Sec. 63.0011.  STATEMENT OF RESIDENCE REQUIRED. (a) Before   a voter may be accepted for voting, an election officer shall ask   the voter if the voter's residence address on the precinct list of   registered voters is current and whether the voter has changed   residence within the county. If the voter's address is omitted from   the precinct list under Section 18.005(c), the officer shall ask   the voter if the voter's residence, if listed, on identification   presented by the voter under Section 63.001(b) is current and   whether the voter has changed residence within the county.          (b)  If the voter's residence address is not current because   the voter has changed residence within the county, the voter may   vote, if otherwise eligible, in the election precinct in which the   voter is registered if the voter resides in the county in which the   voter is registered and, if applicable:                (1)  resides in the political subdivision served by the   authority ordering the election if the political subdivision is   other than the county; or                (2)  resides in the territory covered by the election   in a less-than-countywide election ordered by the governor or a   county authority.          (c)  Before being accepted for voting, the voter must execute   and submit to an election officer a statement including:                (1)  a statement that the voter satisfies the   applicable residence requirements prescribed by Subsection (b);                (2)  all of the information that a person must include   in an application to register to vote under Section 13.002; and                (3)  the date the statement is submitted to the   election officer.          (d) [(c-1)]  The statement described by Subsection (c) must   include a field for the voter to enter the voter's current county of   residence.          (e) [(d)]  The voter registrar shall provide to the general   custodian of election records a sufficient number of statements of   residence for use in each election.          (f) [(e)]  The voter registrar shall retain each statement   of residence on file with the voter's voter registration   application.          (g) [(f)]  Information included on a statement of residence   under Subsection (c)(2) is subject to Section 13.004(c).          Sec. 63.0013.  FALSE STATEMENT ON DECLARATION OF REASONABLE   IMPEDIMENT. (a)  A person commits an offense if the person   intentionally makes a false statement or provides false information   on a declaration executed under Section 63.001(i).          (b)  An offense under this section is a state jail felony.          Sec. 63.0015.  ACCEPTING VOTERS WITH CERTAIN DISABILITIES.   (a) In this section, "mobility problem that substantially impairs a   person's ability to ambulate" has the meaning assigned by Section   681.001, Transportation Code.          (b)  An election officer shall accept a person with a   mobility problem that substantially impairs a person's ability to   ambulate who is offering to vote before accepting others offering   to vote at the polling place who arrived before the person.          (c)  Notice of the priority given to persons with a mobility   problem that substantially impairs a person's ability to ambulate   shall be posted:                (1)  at each entrance to a polling place where it can be   read by persons waiting to vote;                (2)  on the Internet website of the secretary of state;   and                (3)  on each Internet website relating to elections   maintained by a county.          (d)  The notice required by Subsection (c) must read:   "Pursuant to Section 63.0015, Election Code, an election officer   shall give voting order priority to individuals with a mobility   problem that substantially impairs the person's ability to move   around. A person assisting an individual with a mobility problem   may also, at the individual's request, be given voting order   priority. Disabilities and conditions that may qualify you for   voting order priority include paralysis, lung disease, the use of   portable oxygen, cardiac deficiency, severe limitation in the   ability to walk due to arthritic, neurological, or orthopedic   condition, wheelchair confinement, arthritis, foot disorder, the   inability to walk 200 feet without stopping to rest, or use of a   brace, cane, crutch, or other assistive device."          (e)  A person assisting a voter in accordance with Section   64.032(c) may be accepted to vote concurrently with a person   accepted under Subsection (b) of this section at the voter's   request.          (f)  All procedures and accommodations available for voters   with disabilities, including voting under Section 64.009, shall be   posted in an accessible manner on the county clerk's Internet   website.          Sec. 63.002.  SIGNATURE ROSTER. (a) A signature roster   shall be maintained by an election officer at the polling place   during the voting period and on election day.          (b)  A voter who is accepted for voting must sign the roster   before the voter is permitted to vote.          (c)  If the voter cannot sign the voter's name, an election   officer shall enter the voter's name with a notation of the reason   for the voter's inability to sign the roster.          (d)  The signature roster may be in the form of an electronic   device approved by the secretary of state that is capable of   capturing a voter's signature next to the voter's name on the   device. The secretary of state shall adopt rules governing the   processing of electronic signatures captured under this   subsection.          Sec. 63.003.  POLL LIST. (a) A poll list shall be maintained   by an election officer at the polling place during the voting period   and on election day.          (b)  The poll list shall be maintained as an original and two   copies.          (c)  An election officer shall enter each accepted voter's   name on the list after the voter signs the signature roster. The   voters' names shall be entered on the poll list in the same order in   which they appear on the signature roster.          (d)  The poll list may be in the form of an electronic device   approved by the secretary of state. The secretary of state shall   adopt rules governing the use of electronic poll lists.          Sec. 63.004.  COMBINATION FORM. (a) The secretary of state   may prescribe forms that combine the poll list, the signature   roster, or any other form used in connection with the acceptance of   voters at polling places with each other or with the list of   registered voters. The secretary shall prescribe any special   instructions necessary for using the combination forms. The   combination forms must include space for an election officer to   indicate whether a voter executed a declaration of reasonable   impediment under Section 63.001(i).          (b)  The authority responsible for procuring the supplies   for an election may furnish combination forms for use at the polling   places.          (c)  If a combination form is used, it shall be maintained in   the number of copies specified by this code for the separate form   incorporated into it for which the largest number of copies is   required.          (d)  An authority procuring lists of registered voters for   use in an election may not require the voter registrar to furnish   the lists in combination form without the registrar's consent. A   registrar may not require an authority requesting the lists to   accept them in combination form without the authority's consent.          (e)  A combination form may be in the form of an electronic   device approved by the secretary of state. The secretary of state   shall adopt rules governing the minimum requirements and approval   of an electronic device used for any form used in connection with   the acceptance of voters at a polling place.          Sec. 63.005.  REGISTRATION OMISSIONS LIST. (a) A   registration omissions list shall be maintained by an election   officer at the polling place.          (b)  With respect to each voter who is accepted for voting   but whose name is not on the list of registered voters for the   precinct in which the voter is accepted, the election officer shall   record:                (1)  the voter's name, residence address, and voter   registration number, if known; and                (2)  a notation of the section of this code under which   the voter is accepted that provides for accepting voters who are not   on the list.          Sec. 63.0051.  CONFIRMING REGISTRATION STATUS OF VOTER. (a)   If the name of a voter who is offering to vote is not on the precinct   list of registered voters, an election officer may contact the   voter registrar regarding the voter's registration status.          (b)  If the election officer determines the voter is a   registered voter of the territory covered by the election but is   offering to vote in the incorrect precinct, the election officer   shall provide the correct precinct location information to the   voter.          (c)  Notwithstanding Section 63.009, a voter shall be   accepted for voting if the voter's identity has been verified from   documentation as required by Section 63.001(b) and it can be   determined from the voter registrar that:                (1)  the voter's registration was improperly canceled   and has been reinstated under Section 16.037;                (2)  an error in the voter registration record caused   the voter's name to not appear on the list of registered voters, and   the error has been corrected under Section 15.022; or                (3)  the voter's name has been inadvertently left off   the list of registered voters for the precinct.          (d)  After the voter is accepted under Subsection (c), an   election officer shall enter the voter's name on the registration   omissions list.          (e)  The voter shall be accepted for provisional voting under   Section 63.011 if the election officer cannot determine that the   voter is a registered voter of the territory covered by the election   in which the voter is offering to vote.          Sec. 63.006.  VOTER WITH REQUIRED DOCUMENTATION WHO IS NOT   ON LIST. (a) A voter who, when offering to vote, presents the   documentation required under Section 63.001(b) but whose name is   not on the precinct list of registered voters shall be accepted for   voting if the voter also presents a voter registration certificate   indicating that the voter is currently registered:                (1)  in the precinct in which the voter is offering to   vote; or                (2)  in a different precinct in the same county as the   precinct in which the voter is offering to vote and the voter   executes an affidavit stating that the voter:                      (A)  is a resident of the precinct in which the   voter is offering to vote or is otherwise entitled by law to vote in   that precinct;                      (B)  was a resident of the precinct in which the   voter is offering to vote at the time the information on the voter's   residence address was last provided to the voter registrar;                      (C)  did not deliberately provide false   information to secure registration in a precinct in which the voter   does not reside; and                      (D)  is voting only once in the election.          (b)  After the voter is accepted, an election officer shall:                (1)  indicate beside the voter's name on the poll list   that the voter was accepted under this section; and                (2)  enter the voter's name on the registration   omissions list.          Sec. 63.009.  VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.   A voter who does not present a voter registration certificate when   offering to vote, and whose name is not on the list of registered   voters for the precinct in which the voter is offering to vote,   shall be accepted for provisional voting if the voter executes an   affidavit in accordance with Section 63.011.          Sec. 63.0101.  DOCUMENTATION OF PROOF OF IDENTIFICATION.   (a) The following documentation is an acceptable form of photo   identification under this chapter:                (1)  a driver's license, election identification   certificate, or personal identification card issued to the person   by the Department of Public Safety that has not expired or that   expired no earlier than four years before the date of presentation;                (2)  a United States military identification card that   contains the person's photograph that has not expired or that   expired no earlier than four years before the date of presentation;                (3)  a United States citizenship certificate issued to   the person that contains the person's photograph;                (4)  a United States passport book or card issued to the   person that has not expired or that expired no earlier than four   years before the date of presentation; or                (5)  a license to carry a handgun issued to the person   by the Department of Public Safety that has not expired or that   expired no earlier than four years before the date of presentation.          (b)  The following documentation is acceptable as proof of   identification under this chapter:                (1)  a government document that shows the name and   address of the voter, including the voter's voter registration   certificate;                (2)  one of the following documents that shows the name   and address of the voter:                      (A)  a copy of a current utility bill;                      (B)  a bank statement;                      (C)  a government check; or                      (D)  a paycheck; or                (3)  a certified copy of a domestic birth certificate   or other document confirming birth that is admissible in a court of   law and establishes the person's identity.          (c)  A person 70 years of age or older may use a form of   identification listed in Subsection (a) that has expired for the   purposes of voting if the identification is otherwise valid.          (d)  Pursuant to Section 63.001(c), proof of identification   is presented only for the purpose of identifying a voter and not for   verification of residence.          Sec. 63.0102.  USE OF CERTAIN ELECTRONICALLY READABLE   INFORMATION. (a) An election officer may access electronically   readable information on a driver's license or personal   identification card for proof of identification when determining   whether a voter shall be accepted for voting.          (b)  The secretary of state shall prescribe any necessary   procedures to implement this section.          Sec. 63.011.  PROVISIONAL VOTING. (a) A person to whom   Section 63.001(g) or 63.009 applies may cast a provisional ballot   if the person executes an affidavit stating that the person:                (1)  is a registered voter in the precinct in which the   person seeks to vote; and                (2)  is eligible to vote in the election.          (b) [(a-1)]  A person to whom the county [early voting] clerk   was required to provide a mail [an early voting] ballot [by mail]   under Section 73.001 [86.001] and who did not vote [early] by mail   may cast a provisional ballot on election day if the person executes   an affidavit stating that the person:                (1)  is a registered voter in the precinct in which the   person seeks to vote; and                (2)  did not vote [early] by mail.          (c) [(b)]  A form for an affidavit required by this section   must be printed on an envelope in which the provisional ballot voted   by the person may be placed and must include:                (1)  a space for entering the identification number of   the provisional ballot voted by the person; and                (2)  a space for an election officer to indicate   whether the person presented a form of identification described by   Section 63.0101.          (d) [(b-1)]  The affidavit form may include space for   disclosure of any necessary information to enable the person to   register to vote under Chapter 13. The secretary of state shall   prescribe the form of the affidavit under this section.          (e) [(c)]  After executing the affidavit, the person shall   be given a provisional ballot for the election. An election officer   shall record the number of the ballot on the space provided on the   affidavit.          (f) [(d)]  An election officer shall enter "provisional   vote" on the poll list beside the name of each voter who is accepted   for voting under this section.          (g) [(e)]  A person who is permitted under a state or federal   court order to cast a ballot in an election for a federal office   after the time allowed by Subchapter B, Chapter 41, must cast the   ballot as a provisional vote in the manner required by this section.          Sec. 63.0111.  OFFENSES RELATED TO PROVISIONAL VOTING. (a)   An election judge commits an offense if the judge knowingly   provides a voter with a form for an affidavit required by Section   63.001 if the form contains information that the judge entered on   the form knowing it was false.          (b)  An offense under this section is a state jail felony.          Sec. 63.012.  UNLAWFULLY ACCEPTING OR REFUSING TO ACCEPT   VOTER. (a) An election officer commits an offense if the officer   knowingly:                (1)  permits an ineligible voter to vote other than as   provided by Section 63.011; or                (2)  refuses to accept a person for voting whose   acceptance is required by this code.          (b)  An offense under this section is a Class A misdemeanor.   CHAPTER 64.  VOTING PROCEDURES   SUBCHAPTER A.  VOTING GENERALLY          Sec. 64.001.  VOTER TO SELECT AND PREPARE BALLOT. (a)  After   a voter is accepted for voting, the voter shall select a ballot, go   to a voting station, and prepare the ballot.          (b)  A voter who executes an affidavit in accordance with   Section 63.011 shall select a provisional ballot.          Sec. 64.002.  OCCUPANCY OF VOTING STATION. (a)  Except as   otherwise provided by this code, only one person at a time may   occupy a voting station.          (b)  A child under 18 years of age may accompany the child's   parent to a voting station.          Sec. 64.003.  MARKING THE BALLOT FOR CANDIDATE ON BALLOT. A   vote for a particular candidate whose name is on the ballot must be   indicated by placing an "X" or other mark that clearly shows the   voter's intent in the square beside the name of the candidate for   whom the voter desires to vote.          Sec. 64.005.  MARKING THE BALLOT FOR WRITE-IN CANDIDATE.  In   an election in which write-in voting is permitted, a vote for a   candidate who is not on the ballot must be indicated by writing the   candidate's name in the appropriate place provided on the ballot.          Sec. 64.006.  MARKING THE BALLOT FOR MEASURE. A vote on a   particular measure must be indicated by placing an "X" or other mark   that clearly shows the voter's intent in the appropriate square   that is beside the proposition and that indicates the way the voter   desires to vote on the measure.          Sec. 64.007.  SPOILED BALLOT. (a)  If a voter mismarks,   damages, or otherwise spoils the ballot in the process of voting,   the voter is entitled to receive a new ballot by returning the   spoiled ballot to an election officer.          (b)  A voter is not entitled to receive more than three   ballots.          (c)  An election officer shall maintain a register of spoiled   ballots at the polling place.  An election officer shall enter on   the register the name of each voter who returns a spoiled ballot and   the spoiled ballot's number.  The secretary of state shall create   and promulgate a form to be used for this purpose.          (d)  After making the appropriate entry on the register, the   election officer shall deposit the spoiled ballot in ballot box no.   4.          Sec. 64.008.  DEPOSITING BALLOT. (a)  Except as provided by   Subsection (b), after a voter has marked the ballot, the voter shall   fold the ballot to conceal the way it is marked but to expose the   presiding judge's signature, and shall deposit it in the ballot box   used for the deposit of marked ballots.          (b)  After a voter has marked a provisional ballot, the voter   shall enclose the ballot in the envelope on which the voter's   executed affidavit is printed.  The person shall seal the envelope   and deposit it in a box available for the deposit of provisional   ballots.          (c)  At the time a person casts a provisional ballot under   Subsection (b), an election officer shall give the person written   information describing how the person may use the free access   system established under Section 92.159 [65.059] to obtain   information on the disposition of the person's vote.          Sec. 64.009.  VOTER UNABLE TO ENTER POLLING PLACE. (a)  If a   voter is physically unable to enter the polling place without   personal assistance or likelihood of injuring the voter's health,   on the voter's request, an election officer shall deliver a ballot   to the voter at the polling place entrance or curb.          (b) [(a-1)]  At each polling place an area for parking not   smaller than the size of one parking space shall be reserved for   voting under this section.  The area may not be designated   specifically for persons with disabilities.  The area must be   clearly marked with a sign:                (1)  indicating that the space is reserved for use by a   voter who is unable to enter the polling place; and                (2)  displaying, in large font that is clearly readable   from a vehicle, a telephone number that a voter may call or text to   request assistance from an election officer at the polling place.          (c) [(a-2)]  As an alternative to displaying a telephone   number under Subsection (b)(2) [(a-1)(2)], a parking space may   comply with the requirements of this section by providing the voter   with a button or intercom that the voter may use to request   assistance from an election officer.          (d) [(b)]  The regular voting procedures, except those in   Subchapter B, may be modified by the election officer to the extent   necessary to conduct voting under this section.          (e) [(c)]  After the voter is accepted for voting, the voter   shall mark the ballot and give it to the election officer who shall   deposit it in the ballot box.          (f) [(d)]  On the voter's request, a person accompanying the   voter shall be permitted to select the voter's ballot and deposit   the ballot in the ballot box.          (g) [(e)]  Except as provided by Section 33.057, a poll   watcher is entitled to observe any activity conducted under this   section.          (h) [(f)]  A person who simultaneously assists seven or more   voters voting under this section by providing the voters with   transportation to the polling place must complete and sign a form,   provided by an election officer, that contains the person's name   and address and whether the person is providing assistance solely   under this section or under both this section and Subchapter B.          (i) [(f-1)]  Subsection (h) [(f)] does not apply if the   person is related to each voter within the second degree by affinity   or the third degree by consanguinity, as determined under   Subchapter B, Chapter 573, Government Code.          (j) [(g)]  A form completed under Subsection (h) [(f)] shall   be delivered to the secretary of state as soon as practicable.  The   secretary shall retain a form delivered under this section for the   period for preserving the precinct election records and shall make   the form available to the attorney general for inspection upon   request.          (k) [(h)]  The secretary of state shall prescribe the form   described by Subsection (h) [(f)].          Sec. 64.010.  UNLAWFULLY PERMITTING OR PREVENTING DEPOSIT OF   BALLOT. (a) An election officer commits an offense if the officer:                (1)  permits a person to deposit in the ballot box a   ballot that the officer knows was not provided at the polling place   to the voter who is depositing the ballot or for whom the deposit is   made; or                (2)  prevents the deposit in the ballot box of a marked   and properly folded ballot that was provided at the polling place to   the voter who is depositing it or for whom the deposit is attempted.          (b)  An offense under this section is a Class B misdemeanor.          Sec. 64.011.  UNLAWFULLY DEPOSITING BALLOT. (a)  A person   commits an offense if the person deposits or attempts to deposit in   a ballot box a ballot that was not provided to the person who is   depositing the ballot or for whom the deposit is made or attempted.          (b)  An offense under this section is a Class A misdemeanor   unless the person is convicted of an attempt.  In that case, the   offense is a Class B misdemeanor.          Sec. 64.012.  ILLEGAL VOTING. (a)  A person commits an   offense if the person knowingly or intentionally:                (1)  votes or attempts to vote in an election in which   the person knows the person is not eligible to vote;                (2)  votes or attempts to vote more than once in an   election;                (3)  votes or attempts to vote a ballot belonging to   another person, or by impersonating another person;                (4)  marks or attempts to mark any portion of another   person's ballot without the consent of that person, or without   specific direction from that person how to mark the ballot; or                (5)  votes or attempts to vote in an election in this   state after voting in another state in an election in which a   federal office appears on the ballot and the election day for both   states is the same day.          (b)  An offense under this section is a felony of the second   degree unless the person is convicted of an attempt, in which event   it is a state jail felony.          (c)  A person may not be convicted solely upon the fact that   the person signed a provisional ballot affidavit under Section   63.011 unless corroborated by other evidence that the person   knowingly committed the offense.          (d)  If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section, the other law, or both.          Sec. 64.013.  SECURITY OF VOTING MACHINE. At the close of   each day of voting during the voting period, including the last day,   the presiding judge at each polling place shall secure each voting   machine in the manner prescribed by the secretary of state to   prevent its unauthorized operation.  The presiding judge shall   unsecure the machine before the beginning of voting the following   day.          Sec. 64.014.  PUBLICATION OF VOTING INFORMATION. (a)     Information on the poll list for a person who votes a ballot during   the voting period shall be made available for public inspection as   provided by Subsection (b) not later than 11 a.m. on the day after   the date the information is entered on the poll list.          (b)  The information under Subsection (a) must be made   available:                (1)  on the publicly accessible Internet website of the   county; or                (2)  if the county does not maintain a website, on the   bulletin board used for posting notice of meetings of the   commissioners court.          (c)  The county clerk for a primary election or the general   election for state and county officers shall submit to the   secretary of state for posting on the secretary of state's Internet   website the information described by Subsection (a) not later than   11 a.m. on the day after the date the information is entered on the   poll list.          (d)  The secretary of state shall post the information   described by Subsection (c) on the secretary of state's Internet   website in a downloadable format not later than 11 a.m. on the day   following the day of receipt of the information.          (e)  The secretary of state shall create a system for a   county clerk for a primary election or the general election for   state and county officers to provide the information to the   secretary of state for posting on the secretary of state's Internet   website under Subsection (c).          (f)  A person registered to vote in the county may submit a   complaint to the secretary of state stating that a county clerk has   not complied with this section.          (g)  The secretary of state by rule shall create and maintain   a system for receiving and recording complaints made under this   section.          (h)  The secretary of state shall maintain a record   indicating county clerks who have failed to comply with the   requirements of this section.   SUBCHAPTER B.  ASSISTING VOTER          Sec. 64.031.  ELIGIBILITY FOR ASSISTANCE. A voter is   eligible to receive assistance in marking or reading the ballot, as   provided by this subchapter, if the voter cannot prepare or read the   ballot because of:                (1)  a physical disability that renders the voter   unable to write or see; or                (2)  an inability to read the language in which the   ballot is written.          Sec. 64.032.  PERSONS PROVIDING ASSISTANCE. (a)  Except as   provided by Subsection (c), on a voter's request for assistance in   marking the ballot, two election officers shall provide the   assistance.          (b)  If a voter is assisted by election officers in the   general election for state and county officers, each officer must   be aligned with a different political party unless there are not two   or more election officers serving the polling place who are aligned   with different parties.          (c)  On the voter's request, the voter may be assisted by any   person selected by the voter 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.          (d)  If assistance is provided by a person of the voter's   choice, an election officer shall enter the person's name and   address on the poll list beside the voter's name.          Sec. 64.0321.  DEFINITION. For purposes of this subchapter   and Section 73.010  [Sections 85.035 and 86.010], assisting a voter   includes the following conduct by a person other than the voter that   occurs while the person is in the presence of the voter's ballot or   carrier envelope:                (1)  reading the ballot to the voter;                (2)  directing the voter to read the ballot;                (3)  marking the voter's ballot; or                (4)  directing the voter to mark the ballot.          Sec. 64.0322.  SUBMISSION OF FORM BY ASSISTANT. (a) A   person, other than an election officer, who assists a voter in   accordance with this chapter is required to complete a form   stating:                (1)  the name and address of the person assisting the   voter;                (2)  the relationship to the voter of the person   assisting the voter; and                (3)  whether the person assisting the voter received or   accepted any form of compensation or other benefit from a   candidate, campaign, or political committee.          (b)  The secretary of state shall prescribe the form required   by this section.  The form must be incorporated into the official   carrier envelope if the voter is voting [an early voting ballot] by   mail and receives assistance under Section 73.010 [86.010], or must   be submitted to an election officer at the time the voter casts a   ballot if the voter is voting at a polling place or under Section   64.009.          Sec. 64.033.  READING BALLOT TO VOTER. (a)  If a voter is   assisted by election officers, one of them shall read the entire   ballot to the voter unless the voter tells the officer that the   voter desires to vote only on certain offices or measures.  In that   case, the officer shall read those items on the ballot specified by   the voter.          (b)  If a voter is assisted by a person of the voter's choice,   an election officer shall ask the voter being assisted whether the   voter wants the entire ballot read to the voter.  If so, the officer   shall instruct the person assisting the voter to read the entire   ballot to the voter.          Sec. 64.034.  OATH. A person, other than an election   officer, selected to provide assistance to a voter must take the   following oath, administered by an election officer at the polling   place, before providing assistance:          "I swear (or affirm) under penalty of perjury that the voter I   am assisting represented to me they are eligible to receive   assistance; I will not suggest, by word, sign, or gesture, how the   voter should vote; I will confine my assistance to reading the   ballot to the voter, directing the voter to read the ballot, marking   the voter's ballot, or directing the voter to mark the ballot; I   will prepare the voter's ballot as the voter directs; I did not   pressure or coerce the voter into choosing me to provide   assistance; I am not 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; I will not communicate information about how the voter has   voted to another person; and I understand that if assistance is   provided to a voter who is not eligible for assistance, the voter's   ballot may not be counted."          Sec. 64.035.  DEPOSITING BALLOT. After assistance has been   provided in marking a ballot, the ballot shall be folded and   deposited in the ballot box by the voter or, on the voter's request,   by the person assisting the voter.          Sec. 64.036.  UNLAWFUL ASSISTANCE. (a)  A person commits an   offense if the person knowingly:                (1)  provides assistance to a voter who is not eligible   for assistance;                (2)  while assisting a voter prepares the voter's   ballot in a way other than the way the voter directs or without   direction from the voter;                (3)  while assisting a voter suggests by word, sign, or   gesture how the voter should vote; or                (4)  provides assistance to a voter who has not   requested assistance or selected the person to assist the voter.          (b)  A person commits an offense if the person knowingly   assists a voter in violation of Section 64.032(c).          (c)  An election officer commits an offense if the officer   knowingly permits a person to provide assistance:                (1)  to a voter who is not eligible for assistance; or                (2)  in violation of Section 64.032(c).          (d)  An offense under this section is a Class A misdemeanor.          Sec. 64.037.  UNAUTHORIZED ASSISTANCE VOIDS BALLOT. If   assistance is provided to a voter who is not eligible for   assistance, the voter's ballot may not be counted.          SECTION 1.011.  Title 6, Election Code, is amended by adding   Subtitles B, C, and D to read as follows:   SUBTITLE B.  VOTING BY MAIL   CHAPTER 71. ELIGIBILITY FOR VOTING BY MAIL          Sec. 71.001.  ABSENCE FROM COUNTY OF RESIDENCE. (a)  Subject   to Subsection (b), a qualified voter is eligible to vote by mail if   the voter expects to be absent from the county of the voter's   residence on election day and during the part of the voting period   remaining after the voter's application to vote by mail is   submitted to the county clerk.          (b)  If a voter's application to vote by mail is submitted on   or after the first day of the voting period, the voter is ineligible   to vote by mail unless the voter is absent from the county when the   application is submitted and satisfies the requirements prescribed   by Subsection (a).          Sec. 71.002.  DISABILITY OR CONFINEMENT FOR CHILDBIRTH. (a)     A qualified voter is eligible to vote by mail if the voter:                (1)  has a sickness or physical condition that prevents   the voter from appearing at the polling place during the voting   period or on election day without a likelihood of needing personal   assistance or of injuring the voter's health; or                (2)  is expecting to give birth within three weeks   before or after election day.          (b)  The following do not constitute sufficient cause to   entitle a voter to vote under Subsection (a):                (1)  a lack of transportation;                (2)  a sickness that does not prevent the voter from   appearing at the polling place during the voting period or on   election day without a likelihood of needing personal assistance or   of injuring the voter's health; or                (3)  a requirement to appear at the voter's place of   employment on election day.          (c)  To be eligible to vote by mail under Subsection (a)(1),   an applicant must affirmatively indicate that the applicant agrees   with the statement prescribed by Section 72.002(a)(6)(B).          Sec. 71.003.  CONFINEMENT IN JAIL. (a)  A qualified voter is   eligible to vote by mail if, at the time the voter's application to   vote by mail is submitted, the voter is confined in jail:                (1)  serving a misdemeanor sentence for a term that   ends on or after election day;                (2)  pending trial after denial of bail;                (3)  without bail pending an appeal of a felony   conviction; or                (4)  pending trial or appeal on a bailable offense for   which release on bail before election day is unlikely.          (b)  A voter confined in jail who is eligible to vote may not   vote in person unless the authority in charge of the jail, in the   authority's discretion, permits the voter to do so.          Sec. 71.004.  PARTICIPATION IN ADDRESS CONFIDENTIALITY   PROGRAM. A qualified voter is eligible to vote by mail if:                (1)  the voter submitted a registration application by   personal delivery as required by Section 13.002(e); and                (2)  at the time the voter's application to vote by mail   is submitted, the voter is certified for participation in the   address confidentiality program administered by the attorney   general under Subchapter B, Chapter 58, Code of Criminal Procedure.          Sec. 71.005.  INVOLUNTARY CIVIL COMMITMENT. A qualified   voter is eligible to vote by mail if, at the time the voter's   application to vote by mail is submitted, the voter is a person who   is civilly committed as a sexually violent predator under Chapter   841, Health and Safety Code, and is ordered as a condition of civil   commitment to reside in a facility operated by or under contract   with the Texas Civil Commitment Office.   CHAPTER 72.  APPLICATION TO VOTE BY MAIL   SUBCHAPTER A.  APPLICATION REQUIRED          Sec. 72.001.  APPLICATION REQUIRED. (a)  To be entitled to   vote by mail, a person who is eligible must make an application to   vote by mail as provided by this subtitle.          (b)  Subject to Section 1.011, an application must be   submitted in writing and signed by the applicant using ink on paper.     An electronic signature or photocopied signature is not permitted.          (c)  An applicant is not required to use an official   application form.          (d)  An application must be submitted by mail to the county   clerk for the election who serves the election precinct of the   applicant's residence.          (e)  A timely application that is addressed to the wrong   county clerk shall be forwarded to the proper county clerk not later   than the day after the date it is received by the wrong clerk.          (f)  An applicant to vote by mail may apply for ballots for   the main election and any resulting runoff election on the same   application.  If an application for the main election and any   resulting runoff is not timely for the main election, it will be   considered timely for any resulting runoff if received not later   than the deadline, determined using the date of the runoff   election, for submitting a regular application to vote by mail.          (g)  A person who has not made an application as provided by   this subtitle is not entitled to receive a mail ballot.          Sec. 72.002.  CONTENTS OF APPLICATION. (a)  An application   to vote by mail must include:                (1)  the applicant's name and the address at which the   applicant is registered to vote;                (2) the following information:                      (A)  the number of the applicant's driver's   license, election identification certificate, or personal   identification card issued by the Department of Public Safety;                      (B)  if the applicant has not been issued a number   described by Paragraph (A), the last four digits of the applicant's   social security number; or                      (C)  a statement by the applicant that the   applicant has not been issued a number described by Paragraph (A) or   (B);                (3)  an indication of each election for which the   applicant is applying for a ballot;                (4)  an indication of the ground of eligibility for   voting by mail;                (5)  for an application to vote by mail on the ground of   absence from the county of residence:                      (A)  the address to which the ballot is to be   mailed; and                      (B)  an indication that the applicant satisfies   the requirements prescribed by Section 71.001;                (6)  for an application to vote by mail on the ground of   disability:                      (A)  the address of the hospital or long-term care   facility, or of a person related to the applicant within the second   degree by affinity or the third degree by consanguinity, as   determined under Chapter 573, Government Code, if the applicant is   living at that address and that address is different from the   address at which the applicant is registered to vote; and                      (B)  an affirmative indication that the applicant   agrees with the statement, "I have a sickness or physical condition   that prevents me from appearing at the polling place on election day   without a likelihood of needing personal assistance or injuring my   health," as prescribed by Section 71.002(a);                (7)  for an application to vote by mail on the ground of   confinement in jail, the address of the jail or of a person related   to the applicant within the degree described by Subdivision (6)(A);   and                (8)  for an application to vote by mail on the ground of   involuntary civil commitment, the address of the facility operated   by or under contract with the Texas Civil Commitment Office or of a   person related to the applicant within the degree of consanguinity   described by Subdivision (6)(A).          (b)  A person may use the number of a driver's license,   election identification certificate, or personal identification   card that has expired for the purpose of fulfilling the requirement   under Subsection (a)(2) if the license or identification is   otherwise valid.          (c)  An applicant to vote by mail on the ground of absence   from the county of residence may receive that ballot at:                (1)  an address outside the applicant's county of   residence; or                (2)  the applicant's own residence.          Sec. 72.0021.  CONTENTS OF APPLICATION FOR PARTICIPANT IN   ADDRESS CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION.  (a)  An   application to vote by mail submitted by a qualified voter who is   eligible to vote by mail under Section 71.004 must include:                (1)  the applicant's name and address at which the   applicant is registered to vote;                (2)  the substitute post office box address designated   by the attorney general under Article 58.052(b), Code of Criminal   Procedure, for use by the voter in place of the voter's true   residential, business, or school address; and                (3)  an indication of each election for which the   applicant is applying for a ballot.          (b)  The information contained in an application under this   section relating to the address at which the applicant is   registered to vote is confidential, except that the information   must be disclosed if:                (1)  requested by a law enforcement agency; or                (2)  required by court order.          Sec. 72.003.  SIGNING APPLICATION BY WITNESS; ASSISTING   APPLICANT.  (a)  An application to vote by mail signed for the   applicant by a witness other than the county clerk or a deputy must   indicate the witness's relationship to the applicant or, if   unrelated, indicate that fact.          (b)  A person who acts as a witness for an applicant   submitting an application to vote by mail commits an offense if the   person knowingly fails to comply with Section 1.011.  A person who   in the presence of the applicant otherwise assists an applicant in   completing an application to vote by mail commits an offense if the   person knowingly fails to comply with Section 1.011(d) in the same   manner as a witness.          (c)  An offense under this section is a Class A misdemeanor.          (d)  Subsection (b) does not apply if the person is related   to the applicant within the second degree by affinity or the third   degree by consanguinity, as determined under Subchapter B, Chapter   573, Government Code, or is registered to vote at the same address   as the applicant.          Sec. 72.004.  UNLAWFULLY WITNESSING APPLICATION FOR MORE   THAN ONE APPLICANT. (a)  A person commits an offense if:                (1)  the person signs an application to vote by mail as   a witness for more than one applicant in the same election; or                (2)  the person signs an application to vote annually   by mail as a witness for more than one applicant in the same   calendar year.          (b)  A person does not commit an offense under Subsection (a)   if the person signs applications to vote by mail for more than one   applicant and the person:                (1)  signed the applications in the person's capacity   as a county clerk or deputy county clerk; or                (2)  is related to the additional applicants as a   parent, grandparent, spouse, child, or sibling.          (c)  A violation of this section does not affect the validity   of an application involved in the offense.          (d)  Each application signed by the witness in violation of   this section constitutes a separate offense.          (e)  An offense under this section is a Class B misdemeanor.          Sec. 72.0041.  FRAUDULENT USE OF APPLICATION TO VOTE BY   MAIL. (a)  A person commits an offense if the person:                (1)  knowingly provides false information on an   application to vote by mail;                (2)  intentionally causes false information to be   provided on an application to vote by mail;                (3)  knowingly submits an application to vote by mail   without the knowledge and authorization of the voter; or                (4)  knowingly and without the voter's authorization   alters information provided by the voter on an application to vote   by mail.          (b)  An offense under this section is a state jail felony.          (c)  An offense under Subsection (a)(4) does not apply to a   county clerk or deputy county clerk who receives and marks an   application for administrative purposes only.          (d)  An offense under this section is increased to the next   higher category of offense if it is shown on the trial of an offense   under this section that:                (1)  the defendant was previously convicted of an   offense under this code;                (2)  the offense involved a voter 65 years of age or   older; or                (3)  the defendant committed another offense under this   section in the same election.          Sec. 72.005.  APPLICATION COMPONENTS. Each document that   contains information required for an application to vote by mail   and that is submitted to the county clerk, and any envelope in which   an application is submitted, is part of the application to vote by   mail.          Sec. 72.006.  SUBMITTING APPLICATION TO VOTE BY MAIL:   GENERAL RULE. (a)  Except as provided by Sections 72.007 and   72.008, an application to vote by mail must be submitted as provided   by this section.          (b)  An application must be submitted to the county clerk by:                (1)  mail;                (2)  common or contract carrier;                (3)  subject to Subsection (c), telephonic facsimile   machine, if a machine is available in the clerk's office; or                (4)  subject to Subsection (c), electronic   transmission of a scanned application containing an original   signature.          (c)  For an application to vote by mail submitted by   telephonic facsimile machine or electronic transmission to be   effective, the application also must be submitted by mail and be   received by the county clerk not later than the fourth business day   after the transmission by telephonic facsimile machine or   electronic transmission is received.          (d)  Except as provided by Section 73.0012(b), an   application may be submitted at any time in the year of the election   for which a ballot is requested, but not later than the close of   regular business in the county clerk's office or 12 noon, whichever   is later, on the 11th day before election day unless that day is a   Saturday, Sunday, or legal state or national holiday, in which case   the last day is the first preceding regular business day.          (e)  An application is considered to be submitted at the time   of its receipt by the county clerk.          (f)  The county clerk shall designate an e-mail address for   receipt of an application under Subsection (b)(4). The secretary   of state shall include the e-mail address designated by each county   clerk on the secretary of state's Internet website.          Sec. 72.007.  SUBMITTING APPLICATION TO VOTE BY MAIL:   PERSONAL DELIVERY. Except as otherwise provided by this code, an   applicant to vote by mail may submit the application by delivering   it in person to the county clerk if the application is submitted not   later than the deadline provided by Section 72.006(d).          Sec. 72.008.  SUBMITTING APPLICATION TO VOTE BY MAIL:   CONFINEMENT IN JAIL. On request of the applicant, an application to   vote by mail on the ground of confinement in jail may be submitted   to the county clerk, at the discretion of the authority in charge of   the jail, by personal delivery by the jail authority or by a   designated subordinate of the authority.          Sec. 72.009.  PRESERVATION OF APPLICATION. Each application   to vote by mail shall be preserved after the election for the period   for preserving the precinct election records.          Sec. 72.010.  OFFICIAL APPLICATION FORM. (a)  The   officially prescribed application form to vote by mail must   include:                (1)  immediately preceding the signature space the   statement: "I certify that the information given in this   application is true, and I understand that giving false information   in this application is a crime.";                (2)  a statement informing the applicant of the   offenses prescribed by Sections 72.003 and 72.004;                (3)  spaces for entering an applicant's voter   registration number and county election precinct of registration,   with a statement informing the applicant that failure to furnish   that information does not invalidate the application;                (4) a space for entering the information required under   Section 72.002(a)(2);                (5)  a space for an applicant applying on the ground of   absence from the county of residence to indicate the date on or   after which the applicant can receive mail at the address described   by Section 72.002(c);                (6)  a space for indicating the fact that an applicant   whose application is signed by a witness cannot make the   applicant's mark and a space for indicating the relationship or   lack of relationship of the witness to the applicant;                (7)  a space for entering an applicant's telephone   number, with:                      (A)  a statement informing the applicant that   failure to furnish that information does not invalidate the   application; and                      (B)  a statement prescribed by the secretary of   state explaining the benefits of furnishing that information,   including how that information assists the county clerk;                (8)  a space or box for an applicant applying on the   ground of disability to indicate that the address to which the   ballot is to be mailed is the address of a facility or relative   described by Section 72.002(a)(6)(A), if applicable;                (9)  a space or box for an applicant applying on the   ground of confinement in jail or involuntary civil commitment to   indicate that the address to which the ballot is to be mailed is the   address of a relative described by Section 72.002(a)(7) or (8), if   applicable;                (10)  a space for an applicant applying on the ground of   disability to indicate if the application is an application under   Section 73.0012;                (11)  spaces for entering the signature, printed name,   and residence address of any person assisting the applicant;                (12)  a statement informing the applicant of the   condition prescribed by Section 73.0011; and                (13)  a statement informing the applicant of the   requirement prescribed by Section 73.003(c).          (b)  The officially prescribed application form to vote by   mail must be at least eight inches by nine inches in size and be   printed in at least six-point type.          (c)  The secretary of state shall make the statement   prescribed by Subsection (a)(7)(A) available on the secretary's   Internet website.          Sec. 72.011.  DISTRIBUTION OF APPLICATION FORM. (a)  Except   as provided by Subsection (c) or as otherwise authorized by this   code, an officer or employee of this state or of a political   subdivision of this state may not distribute an application form to   vote by mail to a person who did not request an application under   Section 72.001.          (b)  An officer or employee of this state or of a political   subdivision of this state may not use public funds to facilitate the   distribution by another person of an application form to vote by   mail to a person who did not request an application under Section   72.001.          (c)  A political party or a candidate for office may   distribute an application form to vote by mail to a person who did   not request an application under Section 72.001.          Sec. 72.012.  CLERK TO MAIL APPLICATION FORM ON REQUEST. The   county clerk shall mail without charge an appropriate official   application form to vote by mail to each applicant requesting the   clerk to send the applicant an application form.          Sec. 72.0121.  CLERK TO POST APPLICATION FORM ONLINE. (a)     The county clerk shall post the official application form to vote by   mail on the clerk's Internet website, if the clerk maintains an   Internet website, in a format that allows a person to easily   complete the application directly on the website before printing.          (b)  The county clerk may use the application form provided   by the secretary of state under Section 72.013 or the county clerk's   own application form.          Sec. 72.013.  APPLICATION FORMS FURNISHED BY SECRETARY OF   STATE. (a)  The secretary of state shall maintain a supply of the   official application forms to vote by mail and shall furnish the   forms in reasonable quantities without charge to individuals or   organizations requesting them for distribution to voters.          (b)  The secretary of state shall provide a printable   application to vote by mail in a format that complies with Section   72.0121(a) to the county clerk for use under that section.          Sec. 72.014.  ACTION BY COUNTY CLERK ON CERTAIN   APPLICATIONS. If an applicant provides a date of birth, driver's   license number, or social security number on the applicant's   application to vote by mail that is different from or in addition to   the information maintained by the voter registrar in accordance   with Title 2, the county clerk shall notify the voter registrar.   The voter registrar shall update the voter's record with the   information provided by the applicant.   SUBCHAPTER B. CANCELING APPLICATION TO VOTE BY MAIL          Sec. 72.031.  CANCELLATION OF APPLICATION. (a)  An   application to vote by mail that has been submitted to the county   clerk may be canceled only as provided by this subchapter.          (b)  A person whose application is canceled, if otherwise   eligible, may vote in the same manner as if the application had not   been submitted.          Sec. 72.032.  REQUEST FOR CANCELLATION. (a)  A person   desiring to cancel the person's application to vote by mail must   submit a request for the cancellation to an election officer as   provided by this section.          (b)  A request must:                (1)  be in writing and signed by the applicant;                (2)  specify the election for which the application was   made; and                (3)  except as provided by Subsection (c), (d), or (f),   be received by the county clerk:                      (A)  not later than the third day before election   day; and                      (B)  if a mail ballot sent to the applicant is   returned to the clerk as a marked ballot, before the marked ballot's   arrival at the address on the carrier envelope.          (c)  An applicant may submit a request after the third day   before election day by appearing in person and:                (1)  returning the mail ballot to the county clerk; or                (2)  executing an affidavit that the applicant:                      (A)  has not received the mail ballot;                      (B)  never requested a mail ballot; or                      (C)  received notice of a defect under Section   92.0412(b) or (d).          (d)  An applicant may also submit a request by appearing in   person and returning the mail ballot or presenting a notice   received under Section 73.006(k) to:                (1)  the county clerk or deputy county clerk at the   county clerk's office; or                (2)  the presiding election judge on election day or   during the voting period at the applicant's precinct polling place.          (e)  An election officer shall maintain a register of mail   ballots returned at a polling place under Subsection (d). An   election officer shall enter on the register the name of each voter   who returns a mail ballot and the ballot's number. The secretary of   state shall adopt a form to be used for this purpose.          (f)  An applicant may also submit a request at any time after   the mail ballot is returned to the county clerk as a marked ballot   and before the ballot is delivered to the mail ballot board by   appearing in person and executing an affidavit that the applicant   did not mark the ballot.          (g)  A request for cancellation in a manner other than as   authorized by this section, including a request by letter, has no   effect.          Sec. 72.033.  ACTION ON REQUEST. (a)  The election officer   shall review each cancellation request to determine whether it   complies with Section 72.032.          (b)  If the request complies, the county clerk shall cancel   the application and enter on the application "canceled" and the   date of cancellation.          (c)  If the request complies, the presiding election judge   shall enter on the returned ballot or the notice, as applicable,   "canceled," place it and the request in an envelope, and deposit the   envelope in ballot box no. 4. The applicant's application is   considered to be canceled.          (d)  If the request does not comply, the election officer   shall deny the request and enter on the request "denied" and the   date of and reason for the denial. The presiding election judge   shall place the request in an envelope and deposit the envelope in   ballot box no. 4.          Sec. 72.034.  NOTICE OF DENIAL. Immediately after denying a   cancellation request, the election officer shall notify the   applicant of the denial. The notice must state the reason for the   denial.          Sec. 72.035.  BALLOT SENT TO APPLICANT. (a)  If the county   clerk cancels an application by an applicant to whom a mail ballot   has been sent, the clerk shall:                (1)  remove the applicant's name from the mail voting   roster; and                (2)  make any other entries in the records and take any   other action necessary to prevent the ballot from being counted if   returned.          (b)  An election judge may permit a person to whom a mail   ballot has been sent who cancels the person's application to vote by   mail in accordance with Section 72.032 but fails to return the mail   ballot to the county clerk, deputy county clerk, or presiding judge   as provided by that section to vote only a provisional ballot under   Section 63.011.          Sec. 72.036.  DISPOSITION OF RETURNED BALLOT. (a)  If a mail   ballot sent to an applicant whose application is canceled is   returned to the county clerk as a marked ballot, the ballot shall be   treated as a marked ballot not timely returned.          (b)  After making the appropriate entry on a register   maintained under Section 72.032(e), an election officer shall   deposit a mail ballot returned at a polling place under Section   72.032(d) in ballot box no. 4.          Sec. 72.037.  PRESERVATION OF DOCUMENTS. (a)  The county   clerk shall deliver each cancellation request to the general   custodian of election records. If the application is canceled, the   clerk shall attach it and the corresponding ballot materials, if   available, to the cancellation request and deliver it with the   request.          (b)  The general custodian of election records shall   preserve cancellation requests delivered under Subsection (a) for   the period for preserving the precinct election records.          (c)  The county clerk shall, not later than the 30th day   after election day, deliver notice to the attorney general of   cancellation requests received, including certified copies of   cancellation requests, applications, and carrier envelopes, if   available.          (d)  The attorney general shall prescribe the form and manner   of submission under Subsection (c). The secretary of state shall   adopt rules as necessary to implement the requirements prescribed   under this subsection.          Sec. 72.038.  CANCELLATION EFFECTIVE FOR SINGLE ELECTION.   The cancellation of an application to vote by mail under Section   72.032(c), (d), or (f) is effective for a single ballot only and   does not cancel the application with respect to a subsequent   election, including a subsequent election to which the same   application applies under Section 72.001(f) or 73.0012(b).   CHAPTER 73. CONDUCT OF VOTING BY MAIL          Sec. 73.001.  REVIEWING APPLICATION AND PROVIDING BALLOT.   (a)  The county clerk shall review each application to vote by mail.          (b)  If the applicant is entitled to vote a mail ballot, the   clerk shall provide an official ballot to the applicant as provided   by this chapter.          (c)  Except as provided by Section 73.008, if the applicant   is not entitled to vote by mail, the clerk shall reject the   application, enter on the application "rejected" and the reason for   and date of rejection, and deliver written notice of the reason for   the rejection to the applicant at both the residence address and   mailing address on the application. A ballot may not be provided to   an applicant whose application is rejected.          (d)  If the application does not include the applicant's   correct voter registration number or county election precinct of   residence, the clerk shall enter the appropriate information on the   application before providing a ballot to the applicant.          (e)  If the applicant does not have an effective voter   registration for the election, the clerk shall reject the   application unless the clerk can determine from the voter registrar   that the applicant has submitted a voter registration application   and the registration will be effective on election day.          (f)  If the information required under Section 72.002(a)(2)   included on the application does not identify the same voter   identified on the applicant's application for voter registration   under Section 13.002(c)(8), the clerk shall reject the application.          (g)  If an application is rejected under Subsection (f), the   clerk shall provide notice of the rejection in accordance with   Subsection (c). The notice must include information regarding the   ability to correct or add information required under Section   72.002(a)(2) through the online tool described by Section   73.015(c).          (h)  If an applicant corrects an application to vote by mail   online and that application subsequently identifies the same voter   identified on the applicant's application for voter registration,   the clerk shall provide a ballot to the applicant as provided by   this chapter.          (i)  If a ballot is provided to the applicant, the clerk   shall indicate beside the applicant's name on the list of   registered voters that a mail ballot was provided to the applicant   and the date of providing the ballot unless the form of the list   makes it impracticable to do so.          Sec. 73.0011.  COMMON OR CONTRACT CARRIER. (a)  A common or   contract carrier may not be used to perform an act related to voting   by mail 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 related to voting by mail 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.          Sec. 73.0012.  ANNUAL MAIL BALLOTS. (a)  This section   applies only to an application to vote by mail that:                (1)  indicates the ground of eligibility is disability;   and                (2)  does not specify the election for which a ballot is   requested or has been marked by the applicant as an application for   more than one election.          (b)  An application described by Subsection (a) is   considered to be an application to vote by mail for each election,   including any ensuing runoff:                (1)  in which the applicant is eligible to vote; and                (2)  that occurs before the earlier of:                      (A)  except as provided by Subsection (d), the end   of the calendar year in which the application was submitted;                      (B)  the date the county clerk receives notice   from the voter registrar under Subsection (h) that the voter has   changed residence to another county; or                      (C)  the date the voter's registration is   canceled.          (c)  An application submitted under this section must be   submitted before the close of regular business in the county   clerk's office or 12 noon, whichever is later, on the 11th day   before election day unless that day is a Saturday, Sunday, or legal   state or national holiday, in which case the last day is the first   preceding regular business day.          (d)  An application is considered to be submitted in the   following calendar year for purposes of this section if:                (1)  the applicant is eligible to vote in an election   occurring in January or February of the next calendar year; and                (2)  the application is submitted in the last 60 days of   a calendar year but not earlier than the 60th day before the date of   the January or February election.          (e)  In an election of a political subdivision located in a   county in which the county clerk is not the authority performing the   functions of the county clerk with regard to voting by mail, the   county clerk shall provide the authority responsible for voting by   mail in the political subdivision that is holding the election a   list of voters in the portion of the political subdivision located   in the county who have ballot applications on file under this   section along with copies of the applications submitted by those   voters. The authority shall provide a mail ballot to each voter on   the list for whom the authority received a copy of an application   submitted under this section.          (f)  The secretary of state shall provide a method by which   counties and political subdivisions located in the county can   exchange and update information on applications received under this   section.          (g)  An application described by Subsection (a) shall be   preserved for the period for preserving the precinct election   records for the last election for which the application is   effective.          (h)  The voter registrar shall notify the county clerk when a   voter's voter registration has been canceled or a voter's address or   name has changed. The county clerk must update any list of voters   who have ballot applications on file under this section based on the   information received from the voter registrar. A voter's ballot   application on file under this section may not be canceled if a   correction in registration information for the voter is a change of   address within the county in which the voter is registered or a   change of the voter's name.          Sec. 73.002.  ADDITIONAL BALLOTING MATERIALS. (a)  The   county clerk shall provide an official ballot envelope and carrier   envelope with each ballot provided to a voter. If the voter's name   appears on the list of registered voters with the notation "S" or a   similar notation, or the residence address on the voter's   application to vote by mail is not the same as the voter's residence   address on the list of registered voters, the clerk shall provide a   form for a statement of residence to the voter.          (b)  Before providing the balloting materials to the voter,   the clerk shall enter on the carrier envelope the identity and date   of the election.          (c)  The clerk shall enter on a carrier envelope the voter's   name in printed form, a notation that a statement of residence is   enclosed, if applicable, and any other information the clerk   determines necessary for proper processing of the ballot.          (d)  The secretary of state shall prescribe instructions to   be printed on the balloting materials for the execution and return   of a statement of residence. The instructions must include an   explanation of the circumstances under which the ballot must be   rejected with respect to the statement.          (e)  If the clerk determines that the carrier envelope and   other balloting materials will weigh more than one ounce when   returned by mail to the clerk, the clerk shall include with the   balloting materials a notice of the amount of first class postage   that will be required for the return by mail of the carrier envelope   and enclosed materials.          (f)  The clerk shall include with the balloting materials:                (1)  a notice of the clerk's physical address for   purposes of return by common or contract carrier or personal   delivery in accordance with Section 73.006(b); and                (2)  the list of declared write-in candidates for the   election, if applicable.          (g)  The carrier envelope must include a space that is hidden   from view when the envelope is sealed for the voter to enter the   following information:                (1)  the number of the voter's driver's license,   election identification certificate, or personal identification   card issued by the Department of Public Safety;                (2)  if the voter has not been issued a number described   by Subdivision (1), the last four digits of the voter's social   security number; or                (3)  a statement by the applicant that the applicant   has not been issued a number described by Subdivision (1) or (2).          (h)  A person may use the number of a driver's license,   election identification certificate, or personal identification   card that has expired for purposes of Subsection (g) if the license   or identification is otherwise valid.          (i)  No record associating an individual voter with a ballot   may be created.          Sec. 73.003.  METHOD OF PROVIDING BALLOT TO VOTER: REQUIRED   ADDRESS. (a)  The balloting materials for voting by mail shall be   provided to the voter by mail. A ballot provided by any other   method may not be counted.          (b)  Subject to Subsection (c), the balloting materials   shall be addressed to the applicable address specified in the   voter's application. The election officer providing the ballot may   not knowingly mail the materials to an address other than that   prescribed by this section.          (c)  The address to which the balloting materials must be   addressed is the address at which the voter is registered to vote,   or the registered mailing address if different, unless the ground   for voting by mail is:                (1)  absence from the county of residence, in which   case the address may be an address outside the voter's county of   residence;                (2)  disability and the voter is living at a hospital or   long-term care facility or with a relative described by Section   72.002(a)(6)(A), in which case the address must be the address of   that facility or relative;                (3)  confinement in jail, in which case the address   must be the address of the jail or of a relative described by   Section 72.002(a)(7); or                (4)  involuntary civil commitment, in which case the   address must be the address of the facility or of a relative   described by Section 72.002(a)(8).          (d)  If the applicable address specified in a voter's   application is an address other than that prescribed by Subsection   (c) or subject to Section 73.002(a), the voter's application shall   be rejected in accordance with Section 73.001(c).          Sec. 73.004.  TIME FOR PROVIDING BALLOT TO VOTER. (a)     Except as provided by Subsection (b), the balloting materials for   voting by mail shall be mailed to a voter entitled to vote by mail   not later than the seventh calendar day after the later of the date   the clerk accepts the voter's application to vote by mail or the   date the ballots become available for mailing, except that if that   mailing date is earlier than the 37th day before election day, the   balloting materials shall be mailed not later than the 30th day   before election day.          (b)  For an election to which Section 74.104 applies, the   balloting materials for a voter who indicates on the application to   vote by mail or the federal postcard application that the voter is   eligible to vote by mail as a consequence of the voter's being   outside the United States shall be mailed on or before the later of   the 45th day before election day or the seventh calendar day after   the date the clerk receives the application. However, if it is not   possible to mail the ballots by the deadline of the 45th day before   election day, the clerk shall notify the secretary of state within   24 hours of knowing that the deadline will not be met. The   secretary of state shall monitor the situation and advise the   clerk, who shall mail the ballots as soon as possible in accordance   with the secretary of state's guidelines.          Sec. 73.005.  MARKING AND SEALING BALLOT. (a)  A voter must   mark a mail ballot in accordance with the instructions on the ballot   envelope.          (b)  A voter may mark the ballot at any time after receiving   it.          (c)  After marking the ballot, the voter must place it in the   official ballot envelope and then seal the ballot envelope, place   the ballot envelope in the official carrier envelope and then seal   the carrier envelope, and sign the certificate on the carrier   envelope using ink on paper. An electronic signature or   photocopied signature is not permitted.          (d)  Failure to use the official ballot envelope does not   affect the validity of the ballot.          (e)  After the carrier envelope is sealed by the voter, it   may not be opened except as provided by Chapter 92.          Sec. 73.0051.  UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON   OTHER THAN VOTER. (a)  A person commits an offense if the person   acts as a witness for a voter in signing the certificate on the   carrier envelope and knowingly fails to comply with Section 1.011.          (b)  A person other than the voter who assists a voter by   depositing the carrier envelope in the mail or with a common or   contract carrier or who obtains the carrier envelope for that   purpose must provide the person's signature, printed name, and   residence address on the reverse side of the envelope. The person   must sign the envelope using ink on paper. An electronic signature   or photocopied signature is not permitted.          (c)  A person commits an offense if the person knowingly   violates Subsection (b). It is not a defense to an offense under   this subsection that the voter voluntarily gave another person   possession of the voter's carrier envelope.          (d)  An offense under this section is a Class A misdemeanor,   unless it is shown on the trial of an offense under this section   that the person committed an offense under Section 64.036 for   providing unlawful assistance to the same voter in connection with   the same ballot, in which event the offense is a state jail felony.          (e)  This section does not apply if the person is related to   the voter within the second degree by affinity or the third degree   by consanguinity, as determined under Subchapter B, Chapter 573,   Government Code, or was physically living in the same dwelling as   the voter at the time of the event.          (f)  If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section, the other law, or both.          Sec. 73.0052.  COMPENSATION FOR CARRIER ENVELOPE ACTION   PROHIBITED. (a)  A person commits an offense if the person:                (1)  compensates another person for depositing the   carrier envelope in the mail or with a common or contract carrier as   provided by Section 73.0051(b), as part of any performance-based   compensation scheme based on the number of ballots deposited, or in   which another person is presented with a quota of ballots to deposit   as provided by Section 73.0051(b);                (2)  engages in another practice that causes another   person's compensation from or employment status with the person to   be dependent on the number of ballots deposited as provided by   Section 73.0051(b); or                (3)  with knowledge that accepting compensation for   such activity is illegal, accepts compensation for an activity   described by Subdivision (1) or (2).          (b)  Except as provided by Subsection (c), an offense under   this section is a misdemeanor punishable by:                (1)  confinement in jail for a term of not more than 1   year or less than 30 days; or                (2)  confinement described by Subdivision (1) and a   fine not to exceed $4,000.          (c)  An offense under this section is a state jail felony if   it is shown on the trial of the offense that the defendant was   previously convicted two or more times under this section.          (d)  An officer, director, or other agent of an entity that   commits an offense under this section is punishable for the   offense.          (e)  For purposes of this section, compensation means any   form of monetary payment, goods, services, benefits, or promises or   offers of employment, or any other form of consideration offered to   another person in exchange for depositing ballots.          Sec. 73.006.  METHOD OF RETURNING MARKED BALLOT. (a)  A   marked ballot voted under this chapter must be returned to the   county clerk in the official carrier envelope.  The carrier   envelope may be delivered in another envelope and must be   transported and delivered only by:                (1)  mail;                (2)  common or contract carrier; or                (3)  subject to Subsections (b) and (c), in-person   delivery by the voter who voted the ballot.          (b)  The voter may deliver a marked ballot in person to the   county clerk's office only while the polls are open on election day.     A voter who delivers a marked ballot in person must present an   acceptable form of identification described by Section 63.0101.          (c)  An in-person delivery of a marked ballot voted under   this chapter must be received by an election official at the time of   delivery.  The receiving official shall record the voter's name,   signature, and type of identification provided under Section   63.0101 on a roster prescribed by the secretary of state.  The   receiving official shall attest on the roster that the delivery   complies with this section.          (d)  Except as provided by Subsection (e), a carrier envelope   may not be returned in an envelope or package containing another   carrier envelope.          (e)  The carrier envelopes of persons who are registered to   vote at the same address may be returned in the same envelope or   package.          (f)  Each carrier envelope that is delivered by a common or   contract carrier must be accompanied by an individual delivery   receipt for that particular carrier envelope that indicates the   name and residence address of the individual who actually delivered   the envelope to the carrier and the date, hour, and address at which   the carrier envelope was received by the carrier.  A delivery of   carrier envelopes is prohibited by a common or contract carrier if   the delivery originates from the address of:                (1)  an office of a political party or a candidate in   the election;                (2)  a candidate in the election unless the address is   the residence of the voter voting by mail;                (3)  a specific-purpose or general-purpose political   committee involved in the election; or                (4)  an entity that requested that the election be   held, unless the delivery is a forwarding to the county clerk.          (g)  Carrier envelopes may not be collected and stored at   another location for subsequent delivery to the county clerk.  The   secretary of state shall prescribe appropriate procedures to   implement this subsection and to provide accountability for the   delivery of the carrier envelopes from the voting place to the   county clerk.          (h)  A person commits an offense if the person knowingly   possesses an official ballot or official carrier envelope provided   under this code to another.  Unless the person possessed the ballot   or carrier envelope with intent to defraud the voter or the election   authority, this subsection does not apply to a person who, on the   date of the offense, was:                (1)  related to the voter within the second degree by   affinity or the third degree by consanguinity, as determined under   Subchapter B, Chapter 573, Government Code;                (2)  physically living in the same dwelling as the   voter;                (3)  a county clerk or a deputy county clerk;                (4)  a person who possesses a ballot or carrier   envelope solely for the purpose of lawfully assisting a voter who   was eligible for assistance under Section 73.010 and complied fully   with:                      (A)  Section 73.010; and                      (B)  Section 73.0051, if assistance was provided   in order to deposit the envelope in the mail or with a common or   contract carrier;                (5)  an employee of the United States Postal Service   working in the normal course of the employee's authorized duties;   or                (6)  a common or contract carrier working in the normal   course of the carrier's authorized duties if the official ballot is   sealed in an official carrier envelope that is accompanied by an   individual delivery receipt for that particular carrier envelope.          (i)  An offense under Subsection (h) is a Class A misdemeanor   unless the defendant possessed the ballot or carrier envelope   without the request of the voter, in which case it is a felony of the   third degree.  If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section, the other law, or both.          (j)  An offense under Subsection (i) is increased to the next   higher category of offense if it is shown on the trial of an offense   under this section that:                (1)  the defendant was previously convicted of an   offense under this code;                (2)  the offense involved an individual 65 years of age   or older; or                (3)  the defendant committed another offense under this   section in the same election.          (k)  A ballot returned in violation of this section may not   be counted.  If the county clerk determines that the ballot was   returned in violation of this section, the clerk shall make a   notation on the carrier envelope and treat it as a ballot not timely   returned in accordance with Section 73.011(c).  If the ballot is   returned before the end of the voting period, the county clerk shall   promptly mail or otherwise deliver to the voter a written notice   informing the voter that:                (1)  the voter's ballot will not be counted because of a   violation of this code; and                (2)  the voter may vote if otherwise eligible during   the voting period or on election day at the voter's precinct polling   place on presentation of the notice.          (l)  In the prosecution of an offense under Subsection (h):                (1)  the prosecuting attorney is not required to negate   the applicability of the provisions of Subsections (h)(1)-(6) in   the accusation charging commission of an offense;                (2)  the issue of the applicability of a provision of   Subsection (h)(1), (2), (3), (4), (5), or (6) is not submitted to   the jury unless evidence of that provision is admitted; and                (3)  if the issue of the applicability of a provision of   Subsection (h)(1), (2), (3), (4), (5), or (6) is submitted to the   jury, the court shall charge that a reasonable doubt on the issue   requires that the defendant be acquitted.          Sec. 73.007.  DEADLINE FOR RETURNING MARKED BALLOT. (a)     Except as provided by Subsection (d), a marked mail ballot must   arrive at the address on the carrier envelope:                (1)  before the time the polls are required to close on   election day; or                (2)  not later than 5 p.m. on the day after election   day, if the carrier envelope was placed for delivery by mail or   common or contract carrier before election day and bears a   cancellation mark of a common or contract carrier or a courier   indicating a time not later than 7 p.m. at the location of the   election on election day.          (b)  If the county clerk cannot determine whether a ballot   arrived before the deadline, the ballot is considered to have   arrived at the time the place at which the carrier envelopes are   deposited was last inspected for removal of returned ballots.  The   clerk shall check for returned ballots, at least once before the   deadline, after the normal delivery time on the last day at the   place at which the carrier envelopes are deposited.          (c)  A marked ballot that is not timely returned may not be   counted.          (d)  A marked mail ballot that arrives after the time   prescribed by Subsection (a) shall be counted if:                (1)  the ballot was cast from an address outside the   United States;                (2)  the carrier envelope was placed for delivery   before the time the ballot is required to arrive under Subsection   (a)(1); and                (3)  the ballot arrives at the address on the carrier   envelope not later than the fifth day after the date of the   election.          (e)  If the deadline for the arrival of a mail ballot falls on   a Saturday, Sunday, or legal state or national holiday, then the   deadline is extended to the next regular business day.          (f)  A delivery under Subsection (a)(2) or (d) is timely,   except as otherwise provided by this title, if the carrier envelope   or, if applicable, the envelope containing the carrier envelope:                (1)  is properly addressed with postage or handling   charges prepaid; and                (2)  bears a cancellation mark of a recognized postal   service or a receipt mark of a common or contract carrier or a   courier indicating a time before the deadline.          (g)  The envelope must bear the cancellation mark or receipt   mark as required by Subsection (f)(2) to be timely under this   section.          (h)  The secretary of state shall prescribe procedures as   necessary to implement Subsection (d).          Sec. 73.008.  OPPORTUNITY TO CORRECT DEFECT: APPLICATION.     (a)  This section applies to an application to vote by mail for   which the applicant failed to comply with a requirement provided by   Section 72.002, 72.0021, or 72.003(a) in a manner that would lead,   if not corrected, to the rejection of the applicant's application.          (b)  Not later than the second day after the county clerk   discovers a defect described by Subsection (a), the county clerk   shall:                (1)  determine if it would be possible for the   applicant to correct the defect and return an application form by   mail before the deadline provided by Section 72.006(d) or   73.0012(c), as applicable; and                (2)  notwithstanding any other law, if the clerk   determines it would be possible to correct the defect and return an   application form before the deadline provided by Section 72.006(d)   or 73.0012(c), either return the application to the applicant or   deliver an official application form to the applicant.          (c)  The clerk shall include with the returned application or   an application form delivered to the applicant under Subsection   (b)(2) a written notice containing:                (1)  a brief explanation of each defect in the   noncomplying application;                (2)  a statement informing the voter that the voter is   not entitled to vote a mail ballot unless the application complies   with all legal requirements; and                (3)  instructions for submitting the corrected or   second application.          (d)  If the county clerk determines that it would not be   possible for the applicant to correct the defect and return an   application form by mail before the deadline provided by Section   72.006(d) or 73.0012(c), as applicable, the clerk may notify the   applicant by telephone or e-mail of the defect, including the   information required under Subsection (c), and inform the applicant   that the applicant may come to the county clerk's office before the   deadline provided by Section 72.006(d) or 73.0012(c), as   applicable, and correct the defect in person.          (e)  The clerk shall:                (1)  in addition to returning an application or   providing an application form under Subsection (b)(2) or notifying   an applicant under Subsection (d), notify the applicant of a defect   discovered under this section and provide the information required   to be included under Subsection (c) using the online tool described   by Section 73.015; and                (2)  if possible, permit the applicant to correct a   defect using the online tool described by Section 73.015.          (f)  Notwithstanding any other provisions of this code, the   clerk may deliver in person to the voter a second application if the   defective original application is timely and may receive, before   the deadline, the corrected application in person from the voter.     If a procedure authorized by this subsection is used, it must be   applied uniformly to all applications covered by this subsection.     The clerk shall enter a notation on the application indicating any   information added by the clerk under this subsection.  A poll   watcher is entitled to accompany the clerk and observe the   procedures under this subsection.  The secretary of state may   prescribe any other procedures necessary to implement this   subsection including requirements for posting notice of any   deliveries.          Sec. 73.009.  PROVIDING CORRECTED BALLOT TO VOTER. (a)  If,   after a mail ballot is provided to a voter, the official ballot is   changed in a way that affects the choices available to the voter in   the election or the validity of the ballot provided to the voter if   cast, the county clerk shall mail a corrected ballot and   corresponding balloting materials to the voter unless in the   clerk's opinion there is not sufficient time for the voter to timely   return the corrected ballot to the clerk.          (b)  The clerk shall include with the balloting materials   provided to the voter a written notice containing:                (1)  a brief explanation of the reason for providing   another ballot; and                (2)  an instruction to destroy the defective ballot if   it has not already been returned to the clerk.          (c)  Before mailing the corrected ballot to the voter, the   clerk shall place a notation on the carrier envelope indicating   that the ballot is a corrected ballot being provided under this   section.  The clerk shall also indicate on the voter's application   that the voter was provided a corrected ballot.          (d)  The clerk shall prepare a list containing the name of   each voter who is provided a corrected ballot under this section.     The clerk shall deliver the list to the general custodian of   election records to be preserved for the period for preserving the   precinct election records.          (e)  Except as provided by Subsection (f), a voter's   defective ballot that is timely returned to the clerk as a marked   ballot shall be treated as:                (1)  a marked ballot not timely returned if the   corrected ballot is timely returned as a marked ballot by the close   of the polls on election day; or                (2)  as the voter's ballot for the election if the   corrected ballot is not timely returned by the close of the polls on   election day.          (f)  A mail ballot under Subchapter A, Chapter 74, corrected   under this section may be counted if it is timely returned as   required by Section 74.057.          Sec. 73.010.  UNLAWFULLY ASSISTING VOTER VOTING BY MAIL.   (a)  A voter casting a mail ballot who would be eligible under   Section 64.031 to receive assistance at a polling place may select a   person as provided by Section 64.032(c) to assist the voter in   preparing the ballot.          (b)  Assistance rendered under this section is limited to   that authorized by this code at a polling place, except that a voter   with a disability who is physically unable to deposit the ballot and   carrier envelope in the mail may also select a person as provided by   Section 64.032(c) to assist the voter by depositing a sealed   carrier envelope in the mail.          (c)  The person assisting the voter must sign a written oath   prescribed by Section 64.034 that is part of the certificate on the   official carrier envelope.          (d)  If a voter is assisted in violation of this section, the   voter's ballot may not be counted.          (e)  A person who assists a voter to prepare a mail ballot   shall enter on the official carrier envelope of the voter:                (1)  the person's signature, printed name, and   residence address;                (2)  the relationship of the person providing the   assistance to the voter; and                (3)  whether the person received or accepted any form   of compensation or other benefit from a candidate, campaign, or   political committee in exchange for providing assistance.          (f)  A person who assists a voter commits an offense if the   person knowingly fails to comply with Subsections (c) and (e).          (g)  An offense under this section is a state jail felony.          (h)  Subsection (f) does not apply:                (1)  to a violation of Subsection (c), if the person is   related to the voter within the second degree by affinity or the   third degree by consanguinity, as determined under Subchapter B,   Chapter 573, Government Code, or was physically living in the same   dwelling as the voter at the time of the event; or                (2)  to a violation of Subsection (e), if the person is   related to the voter within the second degree by affinity or the   third degree by consanguinity, as determined under Subchapter B,   Chapter 573, Government Code.          (i)  An offense under this section for a violation of   Subsection (c) is increased to the next higher category of offense   if it is shown on the trial of the offense that:                (1)  the defendant was previously convicted of an   offense under this code;                (2)  the offense involved a voter 65 years of age or   older; or                (3)  the defendant committed another offense under this   section in the same election.          (j)  If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section, the other law, or both.          Sec. 73.0101.  COMPENSATION FOR ASSISTING VOTERS   PROHIBITED. (a)  A person commits an offense if the person:                (1)  compensates or offers to compensate another person   for assisting voters as provided by Section 73.010; or                (2)  solicits, receives, or accepts compensation for an   activity described by Subdivision (1).          (b)  An offense under this section is a state jail felony.          (c)  An officer, director, or other agent of an entity that   commits an offense under this section is punishable for the   offense.          (d)  For purposes of this section, compensation means an   economic benefit as defined by Section 38.01, Penal Code.          (e)  This section does not apply if the person assisting a   voter is an attendant or caregiver previously known to the voter.          Sec. 73.011.  ACTION BY COUNTY CLERK ON RETURN OF BALLOT.   (a)  The county clerk shall determine whether the return of a   voter's official carrier envelope for a mail ballot is timely.          (b)  If the return is timely, the clerk shall enclose the   carrier envelope and the voter's application to vote by mail in a   jacket envelope.  The clerk shall also include in the jacket   envelope:                (1)  a copy of the voter's federal postcard application   if the ballot is voted under Subchapter A, Chapter 74; and                (2)  the signature cover sheet, if the ballot is voted   under Subchapter C, Chapter 74.          (c)  If the return is not timely, the clerk shall enter the   time of receipt on the carrier envelope, place it in a locked   container, and deliver the container to the general custodian of   election records to be preserved for the period for preserving the   precinct election records.  The general custodian of election   records shall destroy the unopened envelope and its contents after   the preservation period.          (d)  Notwithstanding any other provisions of this code, if   the clerk receives a timely carrier envelope that does not fully   comply with the applicable requirements prescribed by this title,   the clerk may deliver the carrier envelope in person or by mail to   the voter and may receive, before the deadline, the corrected   carrier envelope from the voter, or the clerk may notify the voter   of the defect by telephone and advise the voter that the voter may   come to the clerk's office in person to correct the defect or cancel   the voter's application to vote by mail and vote on election day.     If the procedures authorized by this subsection are used, they must   be applied uniformly to all carrier envelopes covered by this   subsection.  A poll watcher is entitled to observe the procedures   under this subsection.  The secretary of state may prescribe any   other procedures necessary to implement this subsection including   requirements for posting notice of any deliveries.          Sec. 73.012.  OFFICIAL BALLOT ENVELOPE. (a)  "Ballot   Envelope" must be printed on the face of each officially prescribed   ballot envelope for a mail ballot.          (b)  The following textual material, as prescribed by the   secretary of state, must be printed on the face of each official   ballot envelope and may be continued on the reverse side if   necessary:                (1)  instructions for marking the ballot and returning   the marked ballot to the county clerk;                (2)  the deadline for returning the marked ballot to   the clerk;                (3)  limitations on assistance to the voter; and                (4)  criminal penalties for unlawful assistance in   preparing the ballot.          Sec. 73.013.  OFFICIAL CARRIER ENVELOPE. (a)  "Carrier   Envelope for Mail Ballot," the name and official title of the county   clerk as addressee, and the clerk's official mailing address must   be printed on the face of each official carrier envelope for a mail   ballot.          (b)  Spaces must appear on the reverse side of the official   carrier envelope for:                (1)  indicating the identity and date of the election;                (2)  entering the signature, printed name, and   residence address of a person other than the voter who deposits the   carrier envelope in the mail or with a common or contract carrier;   and                (3)  indicating the relationship of that person to the   voter.          (c)  A certificate in substantially the following form must   be printed on the reverse side of the official carrier envelope in a   manner that requires the voter to sign across the flap of the   envelope:          "I certify that the enclosed ballot expresses my wishes   independent of any dictation or undue persuasion by any person.                                        ________________________________                                        Signature of voter                                        By: ____________________________                                        Signature of person assisting                                        voter, if applicable (see Ballot                                        Envelope for restrictions and                                        penalties)                                        _______________________________                                        Printed name of person assisting                                        voter, if applicable                                        _______________________________                                        Residence address of person                                        assisting voter, if applicable"          (d)  The following textual material, as prescribed by the   secretary of state, must be printed on the reverse side of the   official carrier envelope or on a separate sheet accompanying the   carrier envelope when it is provided:                (1)  the prohibition prescribed by Section 73.006(d);                (2)  the conditions for delivery by common or contract   carrier prescribed by Sections 73.0011 and 73.006;                (3)  the requirements for the legal execution and   delivery of the carrier envelope, including the prohibition on   compensation for depositing carrier envelopes containing ballots   voted by other persons under Section 73.0052;                (4)  the prohibition prescribed by Section 73.006(g);   and                (5)  the offenses prescribed by Sections 73.006(h) and   73.010(f).          (e)  The following notice must be printed on the reverse side   of the official carrier envelope, near the space provided for the   voter's signature: "This envelope must be sealed by the voter   before it leaves the voter's hands.  Do not sign this envelope   unless the ballot has been marked by you or at your direction."          (f)  The oath of a person assisting a voter must be included   on the official carrier envelope as part of the certificate   prescribed by Subsection (c).          (g)  The secretary of state by rule shall require that a   notice informing voters of the telephone number established under   Section 31.0055 and the purpose of the telephone number be printed   on:                (1)  the official carrier envelope; or                (2)  an insert enclosed with the balloting materials   for voting by mail sent to the voter.          Sec. 73.014.  PUBLIC INSPECTION OF MAIL VOTING RECORDS. (a)     A copy of an application to vote by mail is not available for public   inspection, except to the voter seeking to verify that the   information pertaining to the voter is accurate, until the first   business day after the election day of the earliest occurring   election for which the application is submitted.          (b)  Originals of the applications and carrier envelopes are   not available for public inspection until those materials are   delivered to the general custodian of election records after the   election.          Sec. 73.015.  ELECTRONIC TRACKING OF MAIL BALLOT OR   APPLICATION TO VOTE BY MAIL. (a)  The secretary of state shall   develop or otherwise provide an online tool to each county clerk on   the secretary's Internet website and on the county's Internet   website if the county clerk is the clerk of a county that maintains   an Internet website that enables a person who submits an   application to vote by mail to:                (1)  track the location and status of the person's   application and ballot; and                (2)  receive notice of and, if possible, correct a   defect in the person's application and ballot under Sections   73.008(e) and 92.0412(h).          (b)  The online tool developed or provided under Subsection   (a) must require the voter to provide, before permitting the voter   to access information described by that subsection:                (1)  the voter's name and date of birth and the last   four digits of the voter's social security number; and                (2)  the voter's:                      (A)  driver's license number; or                      (B)  personal identification card number issued   by the Department of Public Safety.          (c)  An online tool used under this section must:                (1)  for each election, record:                      (A)  each application to vote by mail received by   the clerk; and                      (B)  each carrier envelope sent to a voter by the   clerk;                (2)  for each carrier envelope, record or assign a   serially numbered and sequentially issued bar code or tracking   number that is unique to each envelope;                (3)  update the applicable Internet website as soon as   practicable after each of the following events occurs:                      (A)  receipt by the county clerk of the person's   application to vote by mail;                      (B)  acceptance or rejection by the county clerk   of the person's application to vote by mail;                      (C)  placement in the mail by the county clerk of   the person's official ballot;                      (D)  receipt by the county clerk of the person's   marked ballot; and                      (E)  acceptance or rejection by the mail ballot   board of a person's marked ballot; and                (4)  allow a voter to add or correct information   required under Section 72.002(a)(2) or Section 73.002(g).          (d)  The secretary of state shall adopt rules and prescribe   procedures as necessary to implement this section.          (e)  The information contained in Subsection (c) is not   public information for purposes of Chapter 552, Government Code,   until after election day.   CHAPTER 74.  OTHER FORMS OF VOTING BY MAIL   SUBCHAPTER A.  VOTING BY RESIDENT FEDERAL POSTCARD APPLICANT   PART 1.  GENERAL PROVISIONS          Sec. 74.001.  ELIGIBILITY. A person is eligible to vote by   mail as provided by this subchapter if:                (1)  the person is qualified to vote in this state or,   if not registered to vote in this state, would be qualified if   registered; and                (2)  the person is:                      (A)  a member of the armed forces of the United   States, or the spouse or a dependent of a member;                      (B)  a member of the merchant marine of the United   States, or the spouse or a dependent of a member;                      (C)  a member of the Texas National Guard or the   National Guard of another state or a member of a reserve component   of the armed forces of the United States serving on active duty   under an order of the president of the United States or activated on   state orders, or the spouse or dependent of a member; or                      (D)  domiciled in this state but temporarily   living outside the territorial limits of the United States and the   District of Columbia.          Sec. 74.002.  GENERAL CONDUCT OF VOTING. Voting under this   subchapter shall be conducted and the results shall be processed as   provided by this subtitle and Chapter 92 for voting by mail, except   as otherwise provided by this subchapter.          Sec. 74.003.  DEFINITIONS. In this subchapter:                (1)  "Federal postcard application" means an   application to vote by mail under this subchapter submitted on the   official federal form prescribed under the federal Uniformed and   Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301   through 20311).                (2)  "FPCA registrant" means a person registered to   vote under Section 74.055.          Sec. 74.004.  NOTING FPCA REGISTRATION ON POLL LIST. For   each FPCA registrant accepted to vote, a notation shall be made   beside the voter's name on the poll list indicating that the voter   is an FPCA registrant.          Sec. 74.005.  NOTING FPCA REGISTRATION AND E-MAIL ON MAIL   VOTING ROSTER.  The entry on the mail voting roster pertaining to a   voter under this subchapter who is an FPCA registrant must include a   notation indicating that the voter is an FPCA registrant.  The   county clerk shall note on the mail voting roster each e-mail of a   ballot under Part 3.          Sec. 74.006.  EXCLUDING FPCA REGISTRANT FROM PRECINCT MAIL   VOTING LIST. A person to whom a ballot is provided under this   subchapter is not required to be included on the precinct mail   voting list if the person is an FPCA registrant.          Sec. 74.007.  DESIGNATION OF SECRETARY OF STATE. (a)  The   secretary of state is designated as the state office to provide   information regarding voter registration procedures and absentee   ballot procedures, including procedures related to the federal   write-in absentee ballot, to be used by persons eligible to vote   under the federal Uniformed and Overseas Citizens Absentee Voting   Act (52 U.S.C. Sections 20301 through 20311).          (b)  The secretary of state is designated as the state   coordinator between military and overseas voters and county   election officials.  A county election official shall:                (1)  cooperate with the secretary of state to ensure   that military and overseas voters timely receive accurate balloting   materials that a voter is able to cast in time for the election; and                (2)  otherwise comply with the federal Military and   Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title   V, Subt. H).          (c)  The secretary of state may adopt rules as necessary to   implement this section.          (d)  The secretary of state shall make a checklist or similar   guidelines available for optional use by county clerks in   processing an application and providing balloting materials under   this subchapter.          Sec. 74.008.  STATUS OF APPLICATION OR BALLOT VOTED. The   secretary of state, in coordination with county election officials,   shall implement an electronic free-access system by which a person   eligible to vote by mail under this subchapter or Subchapter D,   Chapter 88, may determine by telephone, by e-mail, or over the   Internet whether:                (1)  the person's federal postcard application or other   registration or ballot application has been received and accepted;   and                (2)  the person's ballot has been received and the   current status of the ballot.   PART 2.  SUBMISSION OF FEDERAL POSTCARD APPLICATION          Sec. 74.051.  FORM AND CONTENTS OF APPLICATION. An   application to vote under this part must:                (1)  be submitted on an official federal postcard   application form; and                (2)  include the information necessary to indicate that   the applicant is eligible to vote in the election for which the   ballot is requested.          Sec. 74.052.  SUBMITTING APPLICATION. (a)  A federal   postcard application must be submitted to the county clerk for the   election who serves the election precinct of the applicant's   residence.          (b)  A federal postcard application must be submitted by:                (1)  mail;                (2)  electronic transmission of an image of the   application under procedures prescribed by the secretary of state;                (3)  in-person delivery in accordance with Section   72.007; or                (4)  common or contract carrier.          (c)  A federal postcard application may be submitted at any   time during the calendar year in which the election for which a   ballot is requested occurs, but not later than the deadline for   submitting a regular application to vote by mail for a voter to be   entitled to receive a mail ballot for that election.          (d)  An application is considered submitted in the following   calendar year for purposes of this section if:                (1)  the applicant is eligible to vote in an election   occurring in January or February of the next calendar year; and                (2)  the application is submitted in the last 60 days of   a calendar year but not earlier than the 60th day before the date of   the January or February election.          (e)  A timely application that is addressed to the wrong   county clerk shall be forwarded to the proper county clerk not later   than the day after the date it is received by the wrong clerk.          (f)  An applicant who otherwise complies with applicable   requirements is entitled to receive a full mail ballot under this   subchapter if:                (1)  the applicant submits a federal postcard   application to the county clerk on or before the 20th day before   election day; and                (2)  the application contains the information that is   required for registration under Title 2.          (g)  The applicant is entitled to receive only a federal   ballot by mail under Subchapter D, Chapter 88, if:                (1)  the applicant submits the federal postcard   application to the county clerk after the date provided by   Subsection (f)(1) and before the deadline for submitting a regular   application to vote by mail; and                (2)  the application contains the information that is   required for registration under Title 2.          (h)  If the applicant submits the federal postcard   application within the time prescribed by Subsection (g)(1) and is   a registered voter at the address contained on the application, the   applicant is entitled to receive a full mail ballot under this   subchapter.          (i)  Except as provided by Subsections (l) and (m), for   purposes of determining the date a federal postcard application is   submitted to the county clerk, an application is considered to be   submitted on the date it is placed and properly addressed in the   United States mail.  An application mailed from an Army/Air Force   Post Office (APO) or Fleet Post Office (FPO) is considered placed in   the United States mail.  The date indicated by the post office   cancellation mark, including a United States military post office   cancellation mark, is considered to be the date the application was   placed in the mail unless proven otherwise.  For purposes of an   application made under Subsection (f):                (1)  an application that does not contain a   cancellation mark is considered to be timely if it is received by   the county clerk on or before the 15th day before election day; and                (2)  if the 20th day before the date of an election is a   Saturday, Sunday, or legal state or national holiday, an   application is considered to be timely if it is submitted to the   county clerk on or before the next regular business day.          (j)  If the county clerk determines that an application that   is submitted before the time prescribed by Subsection (f)(1) does   not contain the information that is required for registration under   Title 2, the clerk shall notify the applicant of that fact.  If the   applicant has provided a telephone number or an address for   receiving mail over the Internet, the clerk shall notify the   applicant by that medium.          (k)  If the applicant submits the missing information before   the time prescribed by Subsection (f)(1), the applicant is entitled   to receive a full mail ballot under this subchapter.  If the   applicant submits the missing information after the time prescribed   by Subsection (f)(1), the applicant is entitled to receive a full   mail ballot for the next election that occurs:                (1)  in the same calendar year; and                (2)  after the 30th day after the date the information   is submitted.          (l)  For purposes of determining the end of the period that   an application may be submitted under Subsection (g)(1), an   application is considered to be submitted at the time it is received   by the county clerk.          (m)  The secretary of state by rule shall establish the date   on which a federal postcard application is considered to be   electronically submitted to the county clerk.          Sec. 74.053.  ACTION BY COUNTY CLERK ON CERTAIN   APPLICATIONS. (a)  The county clerk shall notify the voter   registrar of a federal postcard application submitted by an   applicant that states a voting residence address located outside   the registrar's county.          (b)  If an applicant provides a date of birth, driver's   license number, or social security number on the applicant's   federal postcard application that is different from or in addition   to the information maintained by the voter registrar in accordance   with Title 2, the county clerk shall notify the voter registrar.     The voter registrar shall update the voter's record with the   information provided by the applicant.          Sec. 74.054.  APPLYING FOR MORE THAN ONE ELECTION IN SAME   APPLICATION. (a)  A person may apply with a single federal postcard   application to vote in any one or more elections in which the person   is eligible to vote as provided by this section.          (b)  An application that does not identify the election for   which a ballot is requested shall be treated as if it requests a   ballot for:                (1)  except as provided by Subdivision (3), each   general election in which the clerk conducts voting by mail;                (2)  the general primary election if the application   indicates party preference and is submitted to the county clerk for   the primary; and                (3)  each general or special election held by a county,   a municipality, or an independent school district in the calendar   year in which the application is received and in which the person is   eligible to vote.          (c)  If an application under Subsection (b) indicates the   person is eligible to vote in an election described by Subsection   (b)(3) in which the county clerk who received the application does   not conduct voting by mail, the clerk shall forward a copy of the   application in a form prescribed by the secretary of state to each   county clerk who conducts voting by mail for that election.          (d)  An application shall be treated as if it requests a   ballot for a runoff election that results from an election for which   a ballot is requested, including a runoff election that occurs in   the next calendar year.          (e)  An application requesting a ballot for more than one   election shall be preserved for the period for preserving the   precinct election records for the last election for which the   application is effective.          Sec. 74.055.  FPCA VOTER REGISTRATION. (a)  The submission   of a federal postcard application that complies with the applicable   requirements by an unregistered applicant constitutes registration   by the applicant:                (1)  for the purpose of voting in the election for which   a ballot is requested; and                (2)  under Title 2, unless the person indicates on the   application that the person is residing outside the United States   indefinitely.          (b)  For purposes of registering to vote under this   subchapter, a person shall provide the address of the last place of   residence of the person in this state or the last place of residence   in this state of the person's parent or legal guardian.          (c)  The registrar shall register the person at the address   provided under Subsection (b) unless that address no longer is   recognized as a residential address, in which event the registrar   shall assign the person to an address under procedures prescribed   by the secretary of state.          Sec. 74.056.  METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS.   (a) The balloting materials provided under this part shall be   airmailed to the voter free of United States postage, as provided by   the federal Uniformed and Overseas Citizens Absentee Voting Act (52   U.S.C. Sections 20301 through 20311), in an envelope labeled   "Official Election Balloting Material - via Airmail."  The   secretary of state shall provide county clerks with instructions on   compliance with this subsection.          (b)  The address to which the balloting materials are sent to   a voter must be:                (1)  an address outside the county of the voter's   residence; or                (2)  an address in the United States for forwarding or   delivery to the voter at a location outside the United States.          (c)  If the address to which the balloting materials are to   be sent is within the county served by the county clerk, the federal   postcard application must indicate that the balloting materials   will be forwarded or delivered to the voter at a location outside   the United States.          Sec. 74.057.  RETURN OF VOTED BALLOT. (a)  A ballot voted   under this part may be returned to the county clerk by mail, common   or contract carrier, or courier.          (b)  A ballot voted by a voter described by Section   74.001(2)(A), (B), or (C) shall be counted if the ballot arrives at   the address on the carrier envelope not later than the sixth day   after the date of the election, except that if that date falls on a   Saturday, Sunday, or legal state or national holiday, then the   deadline is extended to the next regular business day.          Sec. 74.058.  OFFICIAL CARRIER ENVELOPE. The officially   prescribed carrier envelope for voting under this part shall be   prepared so that it can be mailed free of United States postage, as   provided by the federal Uniformed and Overseas Citizens Absentee   Voting Act (52 U.S.C. Sections 20301 through 20311), and must   contain the label prescribed by Section 74.056(a) for the envelope   in which the balloting materials are sent to a voter.  The secretary   of state shall provide county clerks with instructions on   compliance with this section.   PART 3.  E-MAIL TRANSMISSION OF BALLOTING MATERIALS          Sec. 74.101.  PURPOSE. The purpose of this part is to   implement the federal Military and Overseas Voter Empowerment Act   (Pub. L. No. 111-84, Div. A, Title V, Subt. H).          Sec. 74.102.  REQUEST FOR BALLOTING MATERIALS. (a)  A person   eligible to vote under this subchapter may request from the   appropriate county clerk e-mail transmission of balloting   materials under this part.          (b)  The county clerk shall grant a request made under this   section for the e-mail transmission of balloting materials if:                (1)  the requestor has submitted a valid federal   postcard application and:                      (A)  if the requestor is a person described by   Section 74.001(2)(D), has provided a current mailing address that   is located outside the United States; or                      (B)  if the requestor is a person described by   Section 74.001(2)(A), (B), or (C), has provided a current mailing   address that is located outside the requestor's county of   residence;                (2)  the requestor provides an e-mail address:                      (A)  that corresponds to the address on file with   the requestor's federal postcard application; or                      (B)  stated on a newly submitted federal postcard   application;                (3)  the request is submitted on or before the deadline   prescribed by Section 72.006; and                (4)  a marked ballot for the election from the   requestor has not been received by the county clerk.          Sec. 74.103.  CONFIDENTIALITY OF E-MAIL ADDRESS.  An e-mail   address used under this part to request balloting materials is   confidential and does not constitute public information for   purposes of Chapter 552, Government Code.  A county clerk shall   ensure that a voter's e-mail address provided under this part is   excluded from public disclosure.          Sec. 74.104.  ELECTIONS COVERED. Balloting materials may be   sent by e-mail under this part for any election in which the voter   who registers under this subchapter is eligible to vote.          Sec. 74.105.  BALLOTING MATERIALS TO BE SENT BY E-MAIL.     Balloting materials to be sent by e-mail under this part include:                (1)  the appropriate ballot;                (2)  ballot instructions, including instructions that   inform a voter that the ballot must be returned by mail to be   counted;                (3)  instructions prescribed by the secretary of state   on:                      (A)  how to print a return envelope from the   Federal Voting Assistance Program Internet website; and                      (B)  how to create a carrier envelope or signature   sheet for the ballot; and                (4)  a list of certified write-in candidates, if   applicable.          Sec. 74.106.  METHODS OF TRANSMISSION TO VOTER. (a)  The   balloting materials may be provided by e-mail to the voter in PDF   format, through a scanned format, or by any other method of   electronic transmission authorized by the secretary of state in   writing.          (b)  The secretary of state shall prescribe procedures for   the retransmission of balloting materials following an   unsuccessful transmission of the materials to a voter.          Sec. 74.107.  RETURN OF BALLOT. (a)  A voter described by   Section 74.001(2)(A), (B), or (C) must be voting from outside the   voter's county of residence.  A voter described by Section   74.001(2)(D) must be voting from outside the United States.          (b)  A voter who receives a ballot under this part must   return the ballot in the same manner as required under Section   74.057 except that a voter who completes a signature sheet is not   required to complete a carrier envelope.  Except as provided by   Subchapter C, the voter may not return the ballot by electronic   transmission.          (c)  A ballot that is not returned as required by Subsection   (b) is considered a ballot not timely returned and is not sent to   the mail ballot board for processing.          (d)  The deadline for the return of a ballot under this   section is the same deadline as provided in Section 73.007.          Sec. 74.108.  TRACKING OF BALLOTING MATERIALS. The   secretary of state by rule shall create a tracking system under   which an FPCA registrant may determine whether a voted ballot has   been received by the county clerk.  Each county that sends ballots   to FPCA registrants shall provide information required by the   secretary of state to implement the system.          Sec. 74.109.  RULES. (a)  The secretary of state may adopt   rules as necessary to implement this part.          (b)  The secretary of state may provide for an alternate   secure method of electronic ballot transmission under this part   instead of transmission by e-mail.   SUBCHAPTER B.  LATE VOTING BY DISABLED VOTER          Sec. 74.201.  ELIGIBILITY. A qualified voter is eligible to   vote late as provided by this subchapter if the voter has a sickness   or physical condition described by Section 71.002 that originates   on or after the day before the last day for submitting an   application to vote by mail.          Sec. 74.202.  CONTENTS OF APPLICATION. An application to   vote late must comply with the applicable provisions of Section   72.002 and must include or be accompanied by a certificate of a   licensed physician or chiropractor or accredited Christian Science   practitioner in substantially the following form:          "This is to certify that I know that __________ has a sickness   or physical condition that will prevent him or her from appearing at   the polling place for an election to be held on the __________ day   of __________, 20___, without a likelihood of needing personal   assistance or of injuring his or her health and that the sickness or   physical condition originated on or after __________.          "Witness my hand at __________, Texas, this __________ day of   __________, 20___.                                        ________________________________                                        (signature of physician,                                        chiropractor, or practitioner)"          Sec. 74.203.  SUBMITTING APPLICATION. (a)  An application   to vote late must be submitted in person to the county clerk at the   county clerk's office by a representative of the applicant.     However, if the mail ballots are processed at a location other than   the county clerk's office, the county clerk may require the   application to be submitted at that location.          (b)  An application may be submitted after the fourth day   before election day and before 5 p.m. on election day.          (c)  To be eligible to serve as an applicant's   representative, a person:                (1)  must be at least 18 years of age;                (2)  must not be employed by or related within the third   degree by consanguinity or affinity, as determined under Chapter   573, Government Code, to a candidate whose name appears on the   ballot; and                (3)  must not have served in the election as the   representative for another applicant.          Sec. 74.204.  REVIEWING APPLICATION AND PROVIDING BALLOTING   MATERIALS. (a)  An application submitted under this subchapter   shall be reviewed and the applicant's registration status verified   by the county clerk in the same manner as for voting by mail.          (b)  The clerk shall provide the balloting materials for   voting by mail to the representative who submits the voter's   application.  Before providing the materials, the clerk shall enter   the representative's name and residence address on the application   and secure the representative's signature beside the name.          (c)  The voter's representative shall deliver the balloting   materials in person to the voter.          (d)  A ballot provided for late voting to a voter by any   method other than that prescribed by this section may not be   counted.          Sec. 74.205.  MARKING AND SEALING BALLOT. A ballot for late   voting must be marked and sealed by the voter in the same manner as a   mail ballot.          Sec. 74.206.  METHOD OF RETURNING MARKED BALLOT; DEADLINE.     (a)  A marked ballot for late voting must be delivered to the county   clerk in person by the representative who submitted the voter's   application.  The ballot must be delivered in the official carrier   envelope. A ballot returned by any other method may not be counted.          (b)  The clerk shall enter the representative's name and   residence address on a returned carrier envelope and secure the   representative's signature beside the name.          (c)  The deadline for returning a marked ballot for late   voting is the same as that for a mail ballot.          Sec. 74.207.  PROCESSING RESULTS. The results of voting   under this subchapter shall be processed in accordance with the   procedures applicable to processing mail ballots.          Sec. 74.208.  ENTRY ON MAIL VOTING ROSTER. The mail voting   roster must include the name of each person to whom a ballot for   late voting is provided with a notation indicating that the ballot   was for late voting under this subchapter.          Sec. 74.209.  ENTRY ON PRECINCT MAIL VOTING LIST. The   precinct mail voting list must contain the name of each person to   whom a ballot for late voting has been provided as of the time of   delivery of the list.   SUBCHAPTER C.  VOTING BY MILITARY PERSONNEL OR OTHER PERSONS   OVERSEAS          Sec. 74.301.  ELECTRONIC TRANSMISSION OF COMPLETED BALLOT.   (a)  The secretary of state shall prescribe procedures to allow a   person who is casting a mail ballot to return the ballot by   telephonic facsimile machine or similar electronic means if the   person:                (1)  is a member of the armed forces of the United   States who is on active duty overseas, or the spouse or a dependent   of the member; and                (2)  is casting the ballot from an area:                      (A)  in which members of the armed forces are   eligible to receive hostile fire pay or imminent danger pay; or                      (B)  that has been designated by the president of   the United States as a combat zone.          (b)  The procedures must:                (1)  provide for verification of the voter;                (2)  provide for the security of the transmission; and                (3)  require the county clerk to maintain a record of   each ballot received under this section.          (c)  A ballot transmitted under this section or by mail may   not be counted if the ballot has previously been transmitted to the   county clerk by electronic means under this section.          Sec. 74.302.  USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR   ELECTIONS FOR FEDERAL OFFICE.  The secretary of state shall   prescribe procedures to allow a voter who qualifies to vote by a   federal write-in absentee ballot to vote through use of a federal   write-in absentee ballot in:                (1)  any general, special, primary, or runoff election   for federal office; or                (2)  an election for any office for which balloting   materials may be sent under Section 74.104.          Sec. 74.303.  E-MAIL BALLOT PROGRAM.  (a)  The secretary of   state shall implement a program to allow a person who is casting a   mail ballot to return the ballot by e-mail if the person is a member   of the armed forces of the United States who is on active duty   overseas and eligible for hostile fire pay.  The secretary of state   shall prescribe procedures to provide for a process implemented   under this section to require:                (1)  the voter to print the ballot, print and sign a   voter signature form, and then scan the documents before submitting   them by e-mail; and                (2)  secure processing of ballots, including requiring   the use of a voter's military e-mail address and common access card,   or other measures the secretary of state considers appropriate.          (b)  The secretary of state shall select to participate in   the program any county that:                (1)  desires to participate in the program; and                (2)  is determined by the secretary of state to have the   appropriate technological capabilities.   SUBCHAPTER D.  VOTING ON ELECTION DAY BY PERSON ON SPACE FLIGHT          Sec. 74.401.  APPLICABILITY. This subchapter applies only   to a person who:                (1)  is eligible to vote in this state; and                (2)  is unable to vote in an election because the person   is on a space flight, as defined by the secretary of state, on   election day and during the voting period for the election.          Sec. 74.402.  VOTING PERMITTED. The secretary of state   shall prescribe procedures for voting from space on election day by   secure electronic means by persons to whom this subchapter applies.     The procedures may provide for:                (1)  a deadline by which a person must apply to vote   under this subchapter; and                (2)  the use of the National Aeronautics and Space   Administration's electronic transmission program to send ballots   to persons on a space flight.   SUBTITLE C.  RESTRICTED BALLOT   CHAPTER 88.  RESTRICTED BALLOT   SUBCHAPTER A.  GENERAL PROVISIONS          Sec. 88.001.  RESTRICTED BALLOT. In this subtitle,   "restricted ballot" means a ballot that is restricted to the   offices and propositions stating measures on which a person is   entitled to vote under this subtitle.          Sec. 88.002.  GENERAL CONDUCT OF VOTING. The voting of   restricted ballots under this subtitle shall be conducted and the   results of voting shall be processed as provided by this code for   standard voting, except as otherwise provided by this subtitle.          Sec. 88.003.  APPLICATION REQUIRED. (a)  To be entitled to   vote a restricted ballot, a person must make an application for the   ballot.          (b)  A restricted ballot application is subject to the   applicable provisions of Chapter 72.          Sec. 88.004.  CONTENTS OF APPLICATION. An application for a   restricted ballot must include, in addition to the information   required by the applicable provisions of Section 72.002, the   information necessary to indicate that the applicant is eligible to   vote the restricted ballot requested.          Sec. 88.005.  PREPARING RESTRICTED BALLOT. (a)  The county   clerk shall prepare a voter's restricted ballot.          (b)  If a regular paper ballot is used, the restricted ballot   shall be prepared by striking from an official mail ballot the   offices and propositions stating measures on which the voter is not   entitled to vote.          (c)  If an electronic system ballot is used, the restricted   ballot shall be prepared by marking or otherwise identifying an   official mail ballot so that votes on offices and propositions   stating measures on which the voter is not entitled to vote may not   be counted.          Sec. 88.006.  MANUALLY COUNTING ELECTRONIC SYSTEM BALLOT.   If a restricted electronic system ballot cannot be automatically   counted with other electronic system ballots voted in the election   that are to be counted automatically, the restricted ballot shall   be counted manually.          Sec. 88.007.  RESTRICTED BALLOT ROSTER. (a)  The county   clerk shall maintain a roster for each election listing each person   who votes a restricted ballot during the voting period or on   election day and each person to whom a restricted ballot is provided   by mail.          (b)  For each person listed, the roster must include:                (1)  the person's name and residence address;                (2)  an indication of the type of restricted ballot   voted or provided, as applicable; and                (3)  the date of voting or the date the ballot was   mailed to the person, as applicable.          (c)  Except as provided by this section, the restricted   ballot roster is subject to the provisions applicable to the mail   voting roster.  A person included on the restricted ballot roster   may not be included on the mail voting roster.          Sec. 88.008.  NOTING RESTRICTED BALLOT VOTER ON POLL LIST   AND REGISTERED VOTER LIST. For each voter accepted to vote a   restricted ballot, a notation shall be made beside the voter's name   on the poll list indicating that a restricted ballot was voted and   the type of restricted ballot.  If the voter's name appears on the   list of registered voters used for conducting voting, a similar   notation shall be made on that list unless the form of the list   makes it impracticable to do so.   SUBCHAPTER B.  VOTING LIMITED BALLOT AFTER CHANGING COUNTY OF   RESIDENCE          Sec. 88.101.  LIMITED BALLOT. In this code, "limited   ballot" means a ballot voted under this subchapter that is   restricted to the offices and propositions stating measures on   which a person is entitled to vote under Section 88.104.          Sec. 88.102.  ELIGIBILITY. (a)  After changing residence to   another county, a person is eligible to vote a limited ballot during   the voting period or by mail if:                (1)  the person would have been eligible to vote in the   county of former residence on election day if still residing in that   county;                (2)  the person is registered to vote in the county of   former residence at the time the person:                      (A)  offers to vote in the county of new   residence; or                      (B)  submitted a voter registration application   in the county of new residence; and                (3)  a voter registration for the person in the county   of new residence is not effective on or before election day.          (b)  A person is not eligible to vote a limited ballot by mail   unless, in addition to satisfying the eligibility requirements   prescribed by Subsection (a), the person is eligible to vote by mail   under Chapter 71.          (c)  Before being accepted for voting under this subchapter,   the voter must execute a statement including:                (1)  a statement that the voter satisfies the   applicable requirements prescribed by Subsection (a);                (2)  the voter's residence address or, if the residence   has no address, the address at which the voter receives mail and a   concise description of the voter's residence;                (3)  the month, day, and year of the voter's birth; and                (4)  the date the statement is executed.          (d)  A statement executed under Subsection (c) shall be   submitted:                (1)  to an election officer at the county clerk's   office, if the person is voting during the voting period; or                (2)  with the person's application to vote by mail, if   the person is voting by mail.          (e)  A statement executed under Subsection (c) may include   space for disclosure of any necessary information to enable the   person to register to vote under Chapter 13.          (f)  The secretary of state shall prescribe the form of a   statement executed under Subsection (c).          Sec. 88.103.  RESIDENCE IN PRECINCT SITUATED IN MORE THAN   ONE COUNTY. A person who changes county of residence may vote in   the regular manner in an election ordered by an authority of a   political subdivision situated in more than one county if the   person resides in the same election precinct both before and after   changing county of residence and the person's voter registration in   the county of former residence is effective at the time the person   offers to vote.          Sec. 88.104.  OFFICES AND MEASURES ON WHICH VOTER ENTITLED   TO VOTE. A person voting a limited ballot is entitled to vote only   on:                (1)  each office and proposition stating a measure to   be voted on statewide; and                (2)  each office and proposition stating a measure to   be voted on in a territorial unit of which the person was a resident   both before changing county of residence and after the change.          Sec. 88.105.  SUBMITTING APPLICATION FOR LIMITED BALLOT BY   MAIL. An application for a limited ballot by mail must be submitted   to the county clerk serving the election precinct in which the   applicant resides.          Sec. 88.106.  PLACE FOR VOTING IN PERSON. A person may vote   a limited ballot during the voting period only at the county clerk's   office.          Sec. 88.107.  VERIFYING REGISTRATION STATUS OF APPLICANT FOR   LIMITED BALLOT. Before accepting an applicant to vote a limited   ballot or, in the case of an application for a limited ballot by   mail, before providing a ballot to the applicant, the county clerk   shall verify, if possible, that the applicant does not have an   effective voter registration in the county of new residence.  If the   person has applied in the county of new residence for a voter   registration that will be effective on or before election day, the   limited ballot application shall be rejected.          Sec. 88.108.  DETERMINING OFFICES AND MEASURES TO BE VOTED   ON. For each person who is to vote a limited ballot, the county   clerk shall determine the offices and propositions stating measures   on which the person is entitled to vote and shall indicate them on   the person's application.          Sec. 88.109.  PREPARING VOTING MACHINE. Before permitting a   person to vote a limited ballot on a voting machine, the county   clerk shall adjust the machine so that votes may be cast only on the   offices and propositions stating measures on which the voter is   entitled to vote.          Sec. 88.110.  INFORMATION ON DISTRICT COMPOSITION. (a)  In   each even-numbered year, the secretary of state shall prepare   information on the territorial composition of each district for   which an officer of the state government is regularly elected at the   general election for state and county officers.          (b)  The information must include the data necessary to   enable a county clerk to determine the district offices on which a   voter under this subchapter is eligible to vote.          (c)  The secretary shall deliver the information to each   county clerk before the 20th day before general primary election   day.          Sec. 88.111.  NOTIFICATION TO VOTER REGISTRAR. Not later   than the 30th day after receipt of an application for a limited   ballot, the county clerk shall notify the voter registrar for the   voter's former county of residence that the voter has applied for a   limited ballot.   SUBCHAPTER C. VOTING PRESIDENTIAL BALLOT BY FORMER RESIDENT          Sec. 88.201.  PRESIDENTIAL BALLOT. In this subchapter,   "presidential ballot" means a ballot voted under this subchapter   that is restricted to the offices of president and vice-president   of the United States.          Sec. 88.202.  ELIGIBILITY. A former resident of this state   is eligible to vote a presidential ballot in the presidential   general election in person or by mail if the former resident:                (1)  is domiciled in another state;                (2)  was registered to vote in this state at the time   the former resident ceased to be a resident;                (3)  would be eligible for registration to vote in this   state if a resident; and                (4)  on presidential election day will not have resided   in the state of present domicile for more than 30 days and is not   eligible to vote in the presidential election in that state.          Sec. 88.203.  SUBMITTING APPLICATION TO VOTE BY MAIL. An   application for a presidential ballot by mail must be submitted to   the county clerk serving the county of the applicant's most recent   registration to vote by the deadline prescribed by Section 72.006.          Sec. 88.204.  TIME AND PLACE FOR VOTING IN PERSON. (a) A   person may vote a presidential ballot during the voting period only   at the county clerk's office for the county of the person's most   recent registration to vote.          (b)  The period for voting presidential ballots in person   ends on presidential election day.          Sec. 88.205.  IN-PERSON VOTING; PROCESSING RESULTS.  (a) On   submission of an application for a presidential ballot to be voted   in person, the county clerk shall review the application and verify   the applicant's registration status in accordance with the   procedure applicable to voting by mail.          (b)  Voting in person shall be conducted with the balloting   materials for voting by mail.          (c)  The voter must mark and seal the ballot in the same   manner as if voting by mail except that the certificate on the   carrier envelope need not be completed.          (d)  On sealing the carrier envelope, the voter must give it   to the clerk, who shall note on the envelope that the ballot is a   presidential ballot.          (e)  The results of voting a presidential ballot in person   shall be processed in accordance with the procedures applicable to   processing mail ballots.          Sec. 88.206.  CANCELING REGISTRATION. As soon as   practicable after the close of voting, the county clerk shall   notify the voter registrar of the name of each person who applied   for a presidential ballot whose name appears on the list of   registered voters.  On receipt of the notice, the voter registrar   shall cancel the voter's registration.   SUBCHAPTER D. VOTING FEDERAL BALLOT BY OVERSEAS CITIZEN          Sec. 88.301.  DEFINITIONS. In this subchapter:                (1)  "Federal ballot" means a ballot voted under this   subchapter that is restricted to federal offices only.                (2)  "Federal office" means the offices of president   and vice-president of the United States, United States senator, or   United States representative.                (3)  "United States" includes the several states and   the District of Columbia, the Commonwealth of Puerto Rico, Guam,   and the Virgin Islands, but does not include any other territory or   possession of the United States.          Sec. 88.302.  ELIGIBILITY. A United States citizen dwelling   outside the United States is eligible to vote a federal ballot by   mail if:                (1)  the citizen's most recent domicile in the United   States was in this state and the citizen's intent to return to this   state is uncertain;                (2)  the citizen would be eligible for registration as   a voter in this state if a resident; and                (3)  the citizen is not eligible to vote on federal   offices in any other state.          Sec. 88.303.  OFFICES ON WHICH VOTER ENTITLED TO VOTE. A   person voting a federal ballot is entitled to vote only on each   federal office to be voted on in the election precinct of the   person's most recent domicile in this state.          Sec. 88.304.  APPLICATION. (a) An application for a federal   ballot must be submitted on an official federal postcard   application form.          (b)  The application must be submitted to the county clerk   serving the election precinct of the applicant's most recent   domicile in this state.          (c)  The period during which a federal ballot application may   be submitted is the same as that for submitting a federal postcard   application under Subchapter A, Chapter 74.          Sec. 88.305.  APPLYING FOR MORE THAN ONE ELECTION IN SAME   APPLICATION. The provisions governing the application for ballots   for more than one election by a single federal postcard application   under Subchapter A, Chapter 74, apply to a federal ballot   application.          Sec. 88.306.  DETERMINING OFFICES TO BE VOTED ON. For each   voter who is to vote a federal ballot, the county clerk shall   determine the federal offices on which the voter is entitled to vote   and indicate them on the application or the jacket envelope.          Sec. 88.307.  METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS;   RETURN OF BALLOT.  (a) The balloting materials provided under this   subchapter shall be airmailed to the voter free of United States   postage, as provided by the federal Uniformed and Overseas Citizens   Absentee Voting Act (52 U.S.C. Sections 20301 through 20311), in an   envelope labeled "Official Election Balloting Material--via   Airmail." The secretary of state shall provide county clerks with   instructions on compliance with this subsection.          (b)  The address to which the balloting materials are sent to   a voter must be an address outside the United States or an address   in the United States for forwarding or delivery to the voter at a   location outside the United States.  If the address to which the   balloting materials are to be sent is within the county served by   the county clerk, the federal ballot application must indicate that   the balloting materials will be forwarded or delivered to the voter   at a location outside the United States.          (c)  A ballot voted under this subchapter may be returned to   the county clerk by mail, common or contract carrier, or courier.          Sec. 88.308.  OFFICIAL CARRIER ENVELOPE. The officially   prescribed carrier envelope for voting under this subchapter shall   be labeled "Official Election Balloting Material--via Airmail."   SUBTITLE D. TABULATION AND REPORTING   CHAPTER 91. COUNTING VOTES AND PREPARING RETURNS          Sec. 91.001.  COUNTING OFFICERS. At each polling place, the   ballots shall be counted by one or more teams of election officers   assigned by the presiding judge.  Each team must consist of two or   more election officers.          Sec. 91.002.  TIME FOR COUNTING. (a) Subject to Subsection   (b), the presiding judge may direct the counting of ballots to occur   at any time after the polls have been open for one hour.          (b)  While the polls are open and until voting is concluded   after the polls close, the ballot box for the deposit of voters'   marked ballots may not be opened for the purpose of counting the   ballots unless there are at least 10 ballots in the box.          (c)  After the polls close on election day or the last voter   has voted, whichever is later, the counting of ballots shall be   conducted continuously until all the ballots are counted.          (d)  To the extent possible, the counting of ballots voted   during the voting period shall be completed not later than the end   of voting on election day.          Sec. 91.003.  ROTATING BALLOT BOXES NO. 1 AND NO. 2. (a) If   the counting of the ballots is to begin before voting is concluded,   ballot box no. 1 and ballot box no. 2 shall be used on a rotating   basis at the polling place.          (b)  When either ballot box no. 1 or no. 2 containing marked   ballots is delivered to the election officers counting the ballots,   the other box shall be immediately made available for the deposit of   marked ballots.          (c)  Before the ballot box is positioned for the receipt of   marked ballots, an election officer shall examine it, remove its   contents, and lock the box.          Sec. 91.004.  TALLY LISTS. Three original tally lists shall   be maintained at the polling place to record the number of votes   received for the candidates and for and against the measures voted   on.          Sec. 91.005.  TALLYING THE VOTES. (a) One member of the   counting team shall examine each ballot and clearly announce the   name of each candidate for whom a vote has been received or whether   a vote has been received for or against a measure.  The other   members of the counting team shall record the votes on the tally   lists as they are announced.          (b)  The counting team shall compare the tally lists   periodically to determine whether discrepancies exist among them.     If a discrepancy is discovered, the ballots shall be recounted and   the necessary corrections shall be made on the lists.          (c)  On completing the count, each member of the counting   team assigned to tally votes shall compute the total number of votes   tallied on the list the member has kept and enter the totals on the   tally list.  After verifying that the three lists are in agreement,   each counting officer shall sign the list that the officer has kept.          Sec. 91.006.  REPLACING MEMBER OF COUNTING TEAM. (a) A   member of a counting team may not be replaced after vote tallying is   begun unless each existing discrepancy among the three tally lists   is corrected before the replacement is made.          (b)  If a counting officer is replaced on a counting team   after the tallying is begun, the officer to be replaced shall   certify the accuracy of the list the officer has kept, as of the   time of the replacement, by signing the list at that time.          Sec. 91.007.  TALLYING WRITE-IN VOTES. (a) In an election in   which write-in voting is permitted, the name of a write-in   candidate shall be entered on the tally list and votes for that   candidate shall be tallied in the same manner as votes for a   candidate whose name appears on the ballot.          (b)  A write-in vote may not be counted if a sticker   containing a candidate's name is affixed to the ballot by the voter.          Sec. 91.008.  COUNTING IRREGULARLY MARKED BALLOT. (a)   Failure to mark a ballot in strict conformity with this code does   not invalidate the ballot.          (b)  Marking the ballot by marking through the names of   candidates for whom or the statements beside the propositions for   which the voter does not desire to vote does not invalidate the   ballot.          (c)  A vote on an office or measure shall be counted if the   voter's intent is clearly ascertainable unless other law prohibits   counting the vote.          (d)  The intent of the voter in marking a ballot may be   determined by:                (1)  a distinguishing mark adjacent to the name of a   candidate or political party or a voting choice associated with a   proposition;                (2)  an oval, box, or similar marking clearly drawn   around the name of a candidate or political party or a voting choice   associated with a proposition;                (3)  a line drawn through:                      (A)  the names of all candidates in a manner that   indicates a preference for the candidates not marked if the names of   the candidates not marked do not exceed the number of persons that   may be elected to that office;                      (B)  the name of each political party except one   in a manner that clearly indicates a preference for the political   party not marked; or                      (C)  a voting choice associated with a proposition   in a manner that clearly indicates a preference for the other voting   choice associated with the proposition; or                (4)  any other evidence that clearly indicates the   intent of the voter in choosing a candidate or political party or   deciding on a proposition.          Sec. 91.009.  BALLOTS NOT COUNTED. (a) The following   ballots may not be counted:                (1)  a ballot that is not provided to the voter at the   polling place;                (2)  two or more ballots that are folded together in a   manner indicating that they were folded together when deposited in   the ballot box;                (3)  a write-in envelope containing a write-in vote   without an attached ballot;                 (4)  a ballot that has not been deposited in the ballot   box used for the deposit of marked ballots; or                (5)  a provisional ballot that is not accepted under   Subchapter F, Chapter 92.          (b)  If a ballot is unnumbered or the signature of the   presiding judge does not appear on the back of a ballot, the   presiding judge shall examine it to determine whether the ballot is   not to be counted under Subsection (a)(1).          (c)  If a ballot is not counted, an election officer shall   indicate on the back of the ballot the reason for not counting it.          Sec. 91.010.  OVERVOTING. If a voter marks the ballot for   more candidates for an office than the number of persons to be   elected for that office, none of the votes may be counted for that   office.          Sec. 91.011.  DEPOSITING BALLOT IN BALLOT BOX NO. 3. (a)   After a ballot is counted, it shall be deposited in ballot box no.   3.          (b)  A voted ballot that is not counted shall also be   deposited in ballot box no. 3.          Sec. 91.012.  BALLOT REGISTER. (a) Each presiding judge   shall prepare a ballot register as provided by this section.          (b)  The register must state:                (1)  the total number of ballots received for   conducting voting at the polling place;                (2)  the number of defectively printed ballots   received;                (3)  the number of ballots provided to voters as   indicated by the number of voters on the poll list;                (4)  the number of spoiled ballots returned by voters;   and                (5)  the number of unused ballots that are not   accounted for as defectively printed ballots.          (c)  The ballot register shall be prepared as an original and   one copy, and on completing the register, the presiding judge shall   sign each one to certify its accuracy.          Sec. 91.013.  PREPARING PRECINCT RETURNS. (a) On completion   of the vote count, the presiding judge shall prepare the returns of   the election for the precinct.          (b)  The returns must state:                (1)  the total number of voters who voted at the polling   place during the voting period and on election day, as indicated by   the poll list; and                (2)  the total number of votes counted for each   candidate and for and against each measure.          (c)  The returns shall be prepared as an original and three   copies, and on completing the returns, the presiding judge shall   sign each one to certify its accuracy.          (d)  A presiding judge commits an offense if the judge   knowingly fails:                (1)  to include in the precinct returns the applicable   information required by this code; or                (2)  to complete the returns in time for them to be   delivered by the deadline prescribed by Section 93.053(c) for   delivery of the precinct election records.          (e)  An offense under Subsection (d) is a Class B   misdemeanor.          Sec. 91.014.  ANNOUNCING PARTIAL RESULTS. (a) Subject to   Subsection (b), after the polls close and the last voter has voted,   the presiding judge may announce the status of the vote count from   time to time.          (b)  The local canvassing authority may require the   announcements or prohibit them.          (c)  The announcements shall be made at the entrance to the   polling place.          Sec. 91.015.  INTERNET POSTING OF ELECTION RESULTS. (a) A   county that holds or provides election services for an election and   maintains an Internet website shall post on its public Internet   website for an election of public officials or of a governmental   entity authorized by law to impose a tax administered by the county:                (1)  the results of each election;                (2)  the total number of votes cast;                (3)  the total number of votes cast for each candidate   or for or against each measure;                (4)  the total number of votes cast in person during the   voting period;                (5)  the total number of votes cast in person on   election day;                (6)  the total number of votes cast by mail; and                (7)  the total number of counted and uncounted   provisional ballots cast.          (b)  A city or independent school district that holds an   election and maintains an Internet website shall post on its public   Internet website for the city or independent school district, as   applicable:                (1)  the results of each election;                (2)  the total number of votes cast;                (3)  the total number of votes cast for each candidate   or for or against each measure;                (4)  the total number of votes cast in person during the   voting period;                (5)  the total number of votes cast in person on   election day;                (6)  the total number of votes cast by mail; and                (7)  the total number of counted and uncounted   provisional ballots cast.          (c)  The information described by Subsections (a) and (b)   must be:                (1)  posted as soon as practicable after the election;   and                (2)  accessible without having to make more than two   selections or view more than two network locations after accessing   the Internet website home page of the county, city, or district, as   applicable.   CHAPTER 92. PROCESSING MAIL VOTING RESULTS   SUBCHAPTER A. MAIL BALLOT BOARD          Sec. 92.001.  BOARD CREATED; JURISDICTION.  A mail ballot   board shall be created in each election to process mail voting   results from the territory served by the county clerk.          Sec. 92.002.  COMPOSITION OF BOARD. (a) The mail ballot   board consists of a presiding judge, an alternate presiding judge,   and at least one other member.          (b)  Except as provided by Subsection (d), the presiding   judge and the alternate presiding judge are appointed in the same   manner as a presiding election judge and alternate presiding   election judge, respectively.  Except as provided by Subsection   (c), each other member is appointed by the presiding judge in the   same manner as the precinct election clerks.          (c)  In the general election for state and county officers,   each county chair of a political party with nominees on the general   election ballot shall submit to the county election board a list of   names of persons eligible to serve on the mail ballot board in order   of the county chair's preference.  The county election board shall   appoint at least one person from each list to serve as a member of   the mail ballot board.  The same number of members must be appointed   from each list.  The county election board shall appoint persons as   members of the mail ballot board in the order of preference   indicated on each list.          (d)  In addition to the members appointed under Subsection   (c), the county election board shall appoint as the presiding judge   the highest-ranked person on the list provided under that   subsection by the political party whose nominee for governor   received the most votes in the county in the most recent   gubernatorial general election and as the alternate presiding judge   the highest-ranked person on the list provided under that   subsection by the political party whose nominee for governor   received the second most votes in the county in the most recent   gubernatorial general election.          Sec. 92.003.  ELIGIBILITY FOR BOARD MEMBERSHIP. To be   eligible for appointment to the mail ballot board, 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 territory served by the county clerk and is not required to   be a qualified voter of any other particular territory.          Sec. 92.0031.  TRAINING. The secretary of state shall   provide a standardized training program and materials for members   of a mail ballot board in the same manner it provides such a program   under Subchapter F, Chapter 32.          Sec. 92.004.  BOARD COMPOSED OF PRECINCT ELECTION OFFICERS.   In an election other than the general election for state and county   officers or a primary election, the authority ordering the election   may direct by resolution, order, or other official action that the   precinct election officers serving one of the election precincts   also serve as the mail ballot board for the election.  In that case,   the presiding election judge of the precinct serves as the board's   presiding officer.          Sec. 92.005.  COMPENSATION OF MEMBERS. (a) Members of the   mail ballot board are entitled to the same compensation as   presiding election judges, except that:                (1)  the presiding judge may be compensated at a higher   rate at the discretion of the appropriate authority; and                (2)  if the board concludes its work in less than 10   hours, the members may be paid greater compensation than that   regularly payable for the amount of time worked, but not to exceed   the amount payable for 10 hours' work.          (b)  Precinct officers serving as board members under   Section 92.004 may not be compensated for both positions.          Sec. 92.006.  MAIL BALLOT BOARD MEMBERS: OATH AND   IDENTIFICATION.  (a) A member of the mail ballot board shall repeat   the following oath aloud:          "I swear (or affirm) that I will objectively work to be sure   every eligible voter's vote is accepted and counted, and that only   the ballots of those voters who violated the Texas Election Code   will be rejected.  I will make every effort to correctly reflect the   voter's intent when it can be clearly determined.  I will not work   alone when ballots are present and will work only in the presence of   a member of a political party different from my own.  I will   faithfully perform my duty as an officer of the election and guard   the purity of the election."          (b)  A member of the mail ballot board who arrives after the   oath is made shall repeat the oath aloud before performing any   duties as a member.          (c)  Following administration of the oath, each member of the   mail ballot board shall be issued a form of identification,   prescribed by the secretary of state, to be displayed by the member   during the member's hours of service on the board.   SUBCHAPTER B. DELIVERING MATERIALS TO BOARD          Sec. 92.021.  BALLOTS AND OTHER MATERIALS DELIVERED TO   BOARD. The county clerk shall deliver to the mail ballot board:                (1)  the jacket envelopes containing the mail ballots,   regardless of the ballot type or voting system used;                (2)  the list of registered voters used in conducting   voting by mail; and                (3)  a ballot transmittal form that includes a   statement of the number of mail ballots, regardless of the ballot   type or voting system used, that are delivered to the mail ballot   board.          Sec. 92.0211.  ELECTRONIC DELIVERY OF MATERIALS RECORDED   ELECTRONICALLY. If ballot materials and ballot applications are   recorded electronically as provided by Section 92.206, the county   clerk may deliver those materials to the mail ballot board through   electronic means.          Sec. 92.022.  TIME OF DELIVERY: GENERAL RULE.  Except as   provided by Section 92.0221, 92.023, or 92.024, the materials shall   be delivered to the mail ballot board under this subchapter during   the time the polls are open on election day, or as soon after the   polls close as practicable, at the time or times specified by the   presiding judge of the board.          Sec. 92.0221.  TIME OF DELIVERY: MAIL BALLOTS.  (a) Except as   provided by Subsection (b), not later than the ninth day before   election day, the jacket envelopes containing mail ballots shall be   delivered to the board.          (b)  Any jacket envelopes of mail ballots returned after   delivery of the ballots under Subsection (a) may be delivered to the   presiding judge of the mail ballot board between the end of the   ninth day before election day and the closing of the polls on   election day, or as soon after closing as practicable, at the time   or times specified by the presiding judge.          (c)  The county clerk shall post notice of each delivery of   balloting materials under this section that is to be made before the   time for opening the polls on election day.  The notice shall be   posted at the county clerk's office continuously for at least 24   hours immediately preceding the delivery.          (d)  At least 24 hours before each delivery made before the   time for opening the polls on election day, the county clerk shall   notify the county chair of each political party having a nominee on   the ballot of the time the delivery is to be made.          Sec. 92.0222.  TIME OF DELIVERY: BALLOTS SENT OUT BY REGULAR   MAIL AND E-MAIL.  (a) If the county clerk has provided a voter a mail   ballot by both regular mail and e-mail under Part 3, Subchapter A,   Chapter 74, the clerk may not deliver a jacket envelope containing   the mail ballot by the voter to the mail ballot board until:                (1)  both ballots are returned; or                (2)  the deadline for returning marked ballots under   Section 73.007 has passed.          (b)  If both the ballot provided by regular mail and the   ballot provided by e-mail are returned before the deadline, the   county clerk shall deliver only the jacket envelope containing the   ballot provided by e-mail to the mail ballot board.  The ballot   provided by regular mail is considered to be a ballot not timely   returned.          Sec. 92.023.  TIME OF DELIVERY: AUTOMATICALLY COUNTED   BALLOTS.  (a) In an election in which mail ballots are to be counted   by automatic tabulating equipment at a central counting station,   the mail ballots to be automatically counted may be delivered to the   mail ballot board between the end of the fourth day before election   day and the closing of the polls on election day, or as soon after   closing as practicable, at intervals specified by the presiding   judge of the board.          (b)  The county clerk shall post notice of each delivery of   ballots under this section that is to be made before the time for   opening the polls on election day.  The notice shall be posted at   the county clerk's office continuously for at least 24 hours   immediately preceding the delivery.          (c)  At least 24 hours before the first delivery of ballots   covered by Subsection (b), the county clerk shall notify the county   chair of each political party having a nominee on the ballot of the   time the first delivery is to be made.          Sec. 92.024.  TIME OF DELIVERY: VOTING MACHINE ELECTION.     (a) In an election in which votes are cast on voting machines, the   jacket envelopes containing the mail ballots may be delivered to   the mail ballot board between the end of the fourth day before   election day and the closing of the polls on election day, or as   soon after closing as practicable, at a time specified by the   presiding judge of the board.          (b)  The county clerk shall post notice of the delivery of   materials under this section that is to be made before the time for   opening the polls on election day.  The notice shall be posted at   the county clerk's office continuously for at least 24 hours   immediately preceding the delivery.          (c)  At least 24 hours before the delivery, the county clerk   shall notify the county chair of each political party having a   nominee on the ballot of the time the delivery is to be made.          Sec. 92.0241.  PROCESSING BALLOTS BEFORE POLLS OPEN. (a)   The mail ballot board shall make its determination whether to   accept mail ballots in accordance with Section 92.041 after the   ballots are delivered to the board.          (b)  The mail ballot board may not count mail ballots until:                (1)  the polls open on election day; or                (2)  in an election conducted by an authority of a   county with a population of 100,000 or more, or conducted jointly   with such a county or conducted with such a county through a   contract for election services, the fourth day before election day.          (c)  The secretary of state shall prescribe any procedures   necessary for implementing this section.          Sec. 92.025.  DELIVERING SECOND BALLOT BOX KEY TO BOARD. On   request of the presiding officer of the mail ballot board, the   custodian of the key to the second lock on the ballot boxes for mail   ballots shall deliver the custodian's key for each box to the   presiding officer.          Sec. 92.026.  BYSTANDERS EXCLUDED. (a) Except as permitted   by this code and as described by Subsection (b), a person may not be   in the meeting place of a mail ballot board during the time of the   board's operations.          (b)  Under this code, a person may be lawfully present in the   meeting place of a mail ballot board during the time of the board's   operations if the person is:                (1)  a presiding judge or member of the board;                (2)  a watcher;                (3)  a state inspector;                (4)  a voting system technician, as authorized by   Section 125.010;                (5)  the county election officer, as defined by Section   31.091, as necessary to perform tasks related to the administration   of the election; or                (6)  a person whose presence has been authorized by the   presiding judge in accordance with this code.          Sec. 92.027.  ACCESS TO INFORMATION. (a) On request, a   county election official shall provide to a member of a mail ballot   board all available information necessary to fulfilling the   functions of the board, including any information from the   statewide computerized voter registration list under Section   18.061.          (b)  The secretary of state shall adopt rules as necessary to   prevent a member of a mail ballot board from retaining or sharing   personally identifiable information from the statewide   computerized voter registration list under Section 18.061 obtained   under this section for any reason unrelated to the official's   official duties.   SUBCHAPTER C.  ACCEPTING MAIL BALLOT          Sec. 92.041.  ACCEPTING VOTER.  (a)  The mail ballot board   shall open each jacket envelope for a mail ballot and determine   whether to accept the voter's ballot.          (b)  A ballot may be accepted only if:                (1)  the carrier envelope certificate is properly   executed;                (2)  neither the voter's signature on the ballot   application nor the signature on the carrier envelope certificate   is determined to have been executed by a person other than the   voter, unless signed by a witness;                (3)  the voter's ballot application states a legal   ground for voting by mail;                (4)  the voter is registered to vote, if registration   is required by law;                (5)  the address to which the ballot was mailed to the   voter, as indicated by the application, was the voter's own   residence or an address outside the voter's county of residence, if   the ground for voting by mail is absence from the county of   residence;                (6)  for a voter to whom a statement of residence form   was required to be sent under Section 73.002(a), the statement of   residence is returned in the carrier envelope and indicates that   the voter satisfies the residence requirements prescribed by   Section 63.0011;                (7)  the address to which the ballot was mailed to the   voter is an address that is otherwise required by Sections 72.002   and 73.003; and                (8)  the information required under Section 73.002(g)   provided by the voter identifies the same voter identified on the   voter's application for voter registration under Section   13.002(c)(8).          (c)  If a ballot is accepted, the board shall enter the   voter's name on the poll list unless the form of the list makes it   impracticable to do so.          (d)  A ballot shall be rejected if any requirement prescribed   by Subsection (b) is not satisfied.  In that case, the board shall   indicate the rejection by entering "rejected" on the carrier   envelope and on the corresponding jacket envelope.          (e)  A person commits an offense if the person intentionally   accepts a ballot for voting or causes a ballot to be accepted for   voting that the person knows does not meet the requirements of   Subsection (b).  An offense under this subsection is a Class A   misdemeanor.          Sec. 92.0411.  SIGNATURE VERIFICATION. (a)  The mail ballot   board shall make a determination under this section for each mail   ballot to ensure that each mail ballot meets the requirement under   Section 92.041(b)(2).          (b)  The mail ballot board shall compare the signature on   each carrier envelope certificate, except those signed for a voter   by a witness, with the signature on the voter's ballot application   to determine whether the signatures are those of the voter.          (c)  To determine whether the signatures are those of the   voter, the board may also compare the signatures with any known   signature of the voter on file with the county clerk or voter   registrar.          (d)  If a voter provides the information required under   Section 73.002(g) and it identifies the same voter identified on   the voter's application for voter registration under Section   13.002(c)(8), the signature on the ballot application and on the   carrier envelope certificate shall be rebuttably presumed to be the   signatures of the voter.  The board shall compare signatures in   making a determination under this section regardless of whether the   presumption provided by this subsection exists.          (e)  Except as provided by Subsection (f), a determination   under this section that the signatures are not those of the voter   must be made by a majority vote of the board's membership.          (f)  If more than 12 members are serving on the board, the   board may split into two or more groups of not fewer than six   members.  If the board has split into groups, the determination   under this section that the signatures are not those of the voter   must be made by a majority vote of the membership of the group   making the applicable determination.          (g)  The board shall place the jacket envelopes, carrier   envelopes, and applications of voters whose signatures are not   those of the voter in separate containers from those of voters whose   signatures are those of the voter.          (h)  For a ballot cast under Subchapter A or D, Chapter 74,   the board shall compare the signature on the carrier envelope or   signature cover sheet with the signature of the voter on the federal   postcard application.          Sec. 92.0412.  OPPORTUNITY TO CORRECT DEFECT: MAIL BALLOT   BOARD.  (a)  This section applies to a mail ballot:                (1)  for which the voter did not sign the carrier   envelope certificate;                (2)  for which it cannot immediately be determined   whether the signature on the carrier envelope certificate is that   of the voter;                (3)  missing any required statement of residence;                (4)  missing information or containing incorrect   information required under Section 72.002(a)(2) or 73.002; or                (5)  containing incomplete information with respect to   a witness.          (b)  Not later than the second day after a mail ballot board   discovers a defect described by Subsection (a) and before the board   decides whether to accept or reject a timely delivered ballot under   Section 92.041, the board shall send the voter a notice of the   defect and a corrective action form developed by the secretary of   state under Subsection (e) by mail or by common or contract carrier.          (c)  The mail ballot board shall include with the notice   delivered to the voter under Subsection (b):                (1)  a brief explanation of each defect in the   noncomplying ballot; and                (2)  a notice that the voter may:                      (A)  cancel the voter's application to vote by   mail in the manner described by Section 72.032; or                      (B)  correct the defect in the voter's ballot by:                            (i)  submitting a corrective action form   developed and made available by the secretary of state under   Subsection (e) by mail or by common or contract carrier; or                            (ii)  coming to the county clerk's office not   later than the sixth day after election day.          (d)  If the mail ballot board determines that it would not be   possible for the voter to receive the notice of defect within a   reasonable time to correct the defect, the board may notify the   voter of the defect by telephone or e-mail and inform the voter that   the voter may request to have the voter's application to vote by   mail canceled in the manner described by Section 72.032, submit a   corrective action form developed by the secretary of state under   Subsection (e) by mail or by common or contract carrier, or come to   the county clerk's office in person not later than the sixth day   after election day to correct the defect.          (e)  The secretary of state shall develop a corrective action   form that may be completed and submitted to a mail ballot board   under this section to correct a defect.          (f)  If the mail ballot board takes an action described by   Subsection (b) or (d), the board must take either action described   by that subsection with respect to each ballot in the election to   which this section applies.          (g)  A poll watcher is entitled to observe an action taken   under Subsection (b) or (d).          (h)  The mail ballot board shall:                (1)  in addition to sending the voter notice of the   defect under Subsection (b) or notifying the voter of the defect by   telephone or e-mail under Subsection (d), notify the voter of a   defect discovered under this section using the online tool   described by Section 73.015; and                (2)  if possible, permit the voter to correct a defect   using the online tool described by Section 73.015.          (i)  The secretary of state may prescribe any procedures   necessary to implement this section.          (j)  Notwithstanding any other law, a ballot may not be   finally rejected for a reason listed in Section 92.041(b)(1), (2),   or (6) before the seventh day after election day.          Sec. 92.042.  DISPOSITION OF ACCEPTED BALLOT. (a)  The mail   ballot board shall open each carrier envelope containing an   accepted ballot without defacing the certificate on the carrier   envelope and remove the ballot envelope from the carrier envelope.          (b)  Except as provided by Subsection (d), the board shall   place the ballot envelope containing an accepted ballot in a ballot   box containing the accepted mail ballots.          (c)  The ballot box in which the mail ballot board deposits   ballot envelopes containing accepted mail ballots must have two   locks, each with a different key, and must be designed and   constructed so that the box can be sealed to detect any unauthorized   opening of the box and that the ballot envelope slot can be sealed   to prevent any unauthorized deposit in the box.  The seals for the   boxes must be serially numbered for each election.  The procedures   prescribed by Sections 127.064, 127.065, 127.066, and 127.068   governing the use of sealed ballot boxes in electronic voting   system elections apply to the use of sealed ballot boxes under this   title to the extent those procedures can be made applicable.  The   secretary of state shall prescribe any procedures necessary to   implement the use of sealed ballot boxes for mail ballots.          (d)  The ballot envelope must be placed in a separate   container if the ballots are to be counted at a central counting   station.          (e)  An accepted ballot that was not returned in the official   ballot envelope shall be treated as an accepted ballot that was   returned in the ballot envelope.          Sec. 92.043.  DISPOSITION OF REJECTED BALLOT. (a)  The mail   ballot board shall place the carrier envelopes containing rejected   ballots in an envelope and shall seal the envelope.  More than one   envelope may be used if necessary.  The board shall keep a record of   the number of rejected ballots in each envelope.          (b)  The envelope for the rejected ballots must indicate the   date and identity of the election and must be labeled "rejected mail   ballots" and signed by the board's presiding judge.          (c)  A board member shall deliver the envelope containing the   rejected ballots to the general custodian of election records to be   preserved for the period for preserving the precinct election   records.  The envelope may not be placed in the box containing the   voted ballots.          (d)  A notation must be made on the carrier envelope of any   ballot that was rejected after the carrier envelope was opened and   include the reason the envelope was opened and the ballot was   rejected.          Sec. 92.0431.  NOTICE OF REJECTED BALLOT. (a)  Not later   than the 10th day after election day, the presiding judge of the   mail ballot board shall deliver written notice of the reason for the   rejection of a ballot to the voter at the residence address on the   ballot application.  If the ballot was transmitted to the voter by   e-mail under Part 3, Subchapter A, Chapter 74, the presiding judge   shall also provide the notice to the e-mail address to which the   ballot was sent.          (b)  The county clerk shall, not later than the 30th day   after election day, deliver notice to the attorney general,   including certified copies of the carrier envelope and   corresponding ballot application, of any ballot rejected because:                (1)  the voter was deceased;                (2)  the voter already voted in person in the same   election;                (3)  the signatures on the carrier envelope and ballot   application were not executed by the same person;                (4)  the carrier envelope certificate lacked a witness   signature;                (5)  the carrier envelope certificate was improperly   executed by an assistant; or                (6)  the mail ballot board determined that another   violation of the Election Code occurred.          (c)  The attorney general shall prescribe the form and manner   of submission under Subsection (b).  The secretary of state shall   adopt rules as necessary to implement the requirements prescribed   under this subsection.          Sec. 92.044.  DISPOSITION OF APPLICATION. (a)  The mail   ballot board shall place each application to vote by mail in its   corresponding jacket envelope.  For a ballot voted under Subchapter   A or D, Chapter 74, the board shall also place the copy of the   voter's federal postcard application or signature cover sheet in   the same location as the carrier envelope.  If the voter's ballot   was accepted, the board shall also place the carrier envelope in the   jacket envelope.  However, if the jacket envelope is to be used in a   subsequent election, the carrier envelope shall be retained   elsewhere.          (b)  A board member shall deliver the jacket envelope,   carrier envelope, and application in a container other than that   used for the voted ballots to the general custodian of election   records, to be retained for the period for preserving the precinct   election records.   SUBCHAPTER D. PROCESSING MANUALLY COUNTED BALLOTS          Sec. 92.061.  AUTHORITY RESPONSIBLE FOR COUNTING BALLOTS.   The mail ballot board shall count the mail ballots that are to be   counted manually.          Sec. 92.062.  COUNTING BALLOTS AND PREPARING RETURNS. (a)     On the direction of the presiding judge, the mail ballot board, in   accordance with Section 92.042(c), shall open the containers for   the mail ballots that are to be counted by the board, remove the   contents from each container, and remove any ballots enclosed in   ballot envelopes from their envelopes.          (b)  The board shall count the ballots and prepare the   returns in accordance with the procedure applicable to paper   ballots cast at a precinct polling place.          Sec. 92.063.  DISPOSITION OF BALLOTS AND OTHER ITEMS. (a)     Except as provided by Subsection (b), the presiding judge of the   mail ballot board shall deliver the mail ballots counted by the   board, mail ballot election returns, other mail voting election   records, and mail ballot box keys, to the appropriate authorities   in accordance with the procedures applicable to distribution of   corresponding items from a precinct polling place using paper   ballots.          (b)  If part of the mail ballots are counted by automatic   tabulating equipment at a central counting station, instead of   delivering a copy of the mail ballot election returns and other mail   voting election records to the canvassing authority and to the   general custodian of election records, those records shall be   delivered to the presiding judge of the central counting station.   SUBCHAPTER E. PROCESSING BALLOTS COUNTED AT CENTRAL COUNTING   STATION          Sec. 92.101.  DELIVERY OF BALLOTS TO COUNTING STATION. On   the direction of the presiding judge, the mail ballot board shall   deliver to the central counting station the container for the mail   ballots that are to be counted by automatic tabulating equipment at   a central counting station.  The board shall make the delivery   without opening the container and in accordance with the procedure   applicable to electronic system ballots cast at a precinct polling   place.          Sec. 92.102.  DUPLICATING PAPER BALLOTS FOR AUTOMATIC   COUNTING. (a)  The authority adopting an electronic voting system   in which ballots are counted at a central counting station may   direct by resolution, order, or other official action that the mail   ballots cast in an election be duplicated as electronic system   ballots for automatic counting at the central counting station.          (b)  Mail ballots that are to be duplicated under this   section shall be delivered to the central counting station as   prescribed by Section 92.101 and shall be treated in the same manner   as damaged electronic system ballots that are duplicated for   automatic counting.          Sec. 92.103.  COUNTING BALLOTS AND PREPARING RETURNS. (a)     Electronic system ballots counted at a central counting station and   other mail ballots shall be tabulated separately and shall be   separately reported on the returns.          (b)  The mail ballot returns prepared at the central counting   station must include any voting results obtained by the mail ballot   board under Subchapter D.          Sec. 92.104.  DISPOSITION OF MAIL BALLOT BOARD RETURNS AND   OTHER RECORDS. Mail ballot returns or other mail voting election   records to be delivered to the central counting station under   Section 92.063(b) shall be delivered to the appropriate authorities   with the counting station records.   SUBCHAPTER F. VERIFICATION AND COUNTING OF PROVISIONAL BALLOTS          Sec. 92.151.  DUTY OF MAIL BALLOT BOARD. (a)  The mail   ballot board shall verify and count provisional ballots as provided   by this subchapter not later than the ninth day after the date of an   election.          (b)  Notwithstanding Subsection (a), for an election held on   the date of the general election for state and county officers, the   mail ballot board shall verify and count provisional ballots as   provided by this subchapter not later than the 13th day after the   date of the election.          (c)  Except as provided by this subchapter, the conduct of   the board is governed by the same procedures as are provided by this   chapter.          Sec. 92.152.  DUTY OF VOTER REGISTRAR. The secretary of   state shall prescribe procedures by which the voter registrar of   the county in which a provisional ballot is cast shall provide   assistance to the mail ballot board in executing its authority   under this subchapter.  In an election described by Section   92.151(b), the procedures must allow for 10 calendar days for the   voter registrar to review a provisional voter's eligibility.          Sec. 92.153.  DELIVERY OF PROVISIONAL BALLOTS. The   presiding judge of an election precinct shall deliver in person to   the general custodian of election records the box containing each   envelope containing a provisional ballot that was cast in the   precinct.  The secretary of state shall prescribe procedures by   which the mail ballot board may have access to the provisional   ballots as necessary to implement this subchapter.          Sec. 92.154.  ACCEPTING PROVISIONAL BALLOT. (a)  The mail   ballot board shall examine each affidavit executed under Section   63.011 and determine whether to accept the provisional ballot of   the voter who executed the affidavit.          (b)  A provisional ballot shall be accepted if the board   determines that:                (1)  from the information in the affidavit or contained   in public records, the person is eligible to vote in the election   and has not previously voted in that election;                (2)  the person:                      (A)  meets the identification requirements of   Section 63.001(b) at the time the ballot was cast or in the period   prescribed under Section 92.1541;                      (B)  notwithstanding Chapter 110, Civil Practice   and Remedies Code, executes an affidavit under penalty of perjury   that states the voter has a religious objection to being   photographed and the voter has consistently refused to be   photographed for any governmental purpose from the time the voter   has held this belief; or                      (C)  executes an affidavit under penalty of   perjury that states the voter does not have any identification   meeting the requirements of Section 63.001(b) as a result of a   natural disaster that:                            (i)  was declared by the president of the   United States or the governor;                            (ii)  occurred not earlier than 45 days   before the date the ballot was cast; and                            (iii)  caused the destruction of or   inability to access the voter's identification; and                (3)  the voter has not been challenged and voted a   provisional ballot solely because the voter did not meet the   requirements for identification prescribed by Section 63.001(b).          (c)  If a provisional ballot is accepted, the board shall   enter the voter's name on a list of voters whose provisional ballots   are accepted.          (d)  If a provisional ballot is rejected, the board shall   indicate the rejection by marking "rejected" on the envelope   containing the provisional ballot.          Sec. 92.1541.  PRESENTATION OF IDENTIFICATION FOR CERTAIN   PROVISIONAL BALLOTS. (a)  A voter who is accepted for provisional   voting under Section 63.011 because the voter does not meet the   identification requirements of Section 63.001(b) may, not later   than the sixth day after the date of the election:                (1)  present a form of identification described by   Section 63.0101 to the voter registrar for examination; or                (2)  execute an affidavit described by Section   92.154(b)(2)(B) or (C) in the presence of the voter registrar.          (b)  The secretary of state shall prescribe procedures as   necessary to implement this section.          Sec. 92.155.  DISPOSITION OF ACCEPTED PROVISIONAL BALLOT AND   AFFIDAVIT. (a)  The mail ballot board shall open each envelope   containing an accepted provisional ballot without defacing the   affidavit located on the outside of the envelope and shall remove   the ballot.          (b)  The board shall place the ballot in a ballot box   containing all the provisional ballots accepted for voting in the   election.          (c)  For each accepted provisional ballot, the board shall   place the corresponding envelope on which is printed the voter's   affidavit executed under Section 63.011 in a sealed envelope and   shall deliver the envelope to the general custodian of election   records, to be retained for the period for preserving precinct   election returns.          Sec. 92.156.  DISPOSITION OF REJECTED PROVISIONAL BALLOT.   (a)  If the affidavit on the envelope of a rejected provisional   ballot contains the information necessary to enable the person to   register to vote under Chapter 13, the voter registrar shall make a   copy of the affidavit under procedures prescribed by the secretary   of state.  The voter registrar shall treat the copy as an   application for registration under Chapter 13.          (b)  The mail ballot board shall place the envelopes   containing rejected provisional ballots in an envelope and shall   seal the envelope. More than one envelope may be used if necessary.          (c)  The envelope for the rejected provisional ballots must   indicate the date and identity of the election, be labeled   "rejected provisional ballots," and be signed by the board's   presiding judge.          (d)  A board member shall deliver the envelope containing the   rejected provisional ballots to the general custodian of election   records to be preserved for the period for preserving the precinct   election records.  The envelope may not be placed in the box   containing the accepted provisional ballots.          Sec. 92.157.  PROCESSING ACCEPTED PROVISIONAL BALLOTS. (a)     The mail ballot board shall count accepted provisional ballots as   follows:                (1)  for ballots to be counted manually, in the manner   provided by Subchapter D;                (2)  for ballots to be counted by automatic tabulating   equipment at a central counting station, in the manner provided by   Subchapter E; and                (3)  for ballots to be counted by any other means, in   the manner provided by rules adopted by the secretary of state.          (b)  On counting the ballots under this section, the board   shall report the results to the local canvassing authority for the   election.          Sec. 92.158.  PRESERVATION OF PROVISIONAL VOTING RECORDS   GENERALLY. The returns of provisional ballots that are accepted,   the accepted ballots, and other provisional voting records shall be   preserved after the election in the same manner as the   corresponding precinct election returns.          Sec. 92.1581.  PUBLIC INSPECTION OF PROVISIONAL VOTING   RECORDS. Provisional voting records are not available for public   inspection until the first business day after the date the mail   ballot board completes the verification and counting of provisional   ballots under Section 92.151 and delivers the provisional ballots   and other provisional voting records to the general custodian of   election records.          Sec. 92.159.  NOTICE TO PROVISIONAL VOTER. The secretary of   state shall prescribe procedures to implement a system to allow a   person who casts a provisional ballot under Section 63.011 to   obtain access free of charge to information on the disposition of   the person's ballot.  The system:                (1)  must allow the person to determine whether the   person's ballot was counted, and, if the person's ballot was not   accepted, must indicate the reason why;                (2)  must provide the information only to the person   who cast the provisional ballot; and                (3)  may involve the use of a toll-free telephone   number or the Internet.          Sec. 92.160.  DISCLOSURE OF SOCIAL SECURITY, DRIVER'S   LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT   AFFIDAVIT.  A social security number, Texas driver's license   number, or number of a personal identification card issued by the   Department of Public Safety furnished on a provisional ballot   affidavit is confidential and does not constitute public   information for purposes of Chapter 552, Government Code.  The   general custodian of election records shall ensure that a social   security number, Texas driver's license number, or number of a   personal identification card issued by the Department of Public   Safety is excluded from disclosure.   SUBCHAPTER G. MISCELLANEOUS PROVISIONS          Sec. 92.201.  MAIL VOTING ROSTERS. (a)  The county clerk   shall maintain for each election a roster listing each person to   whom a mail ballot is sent.          (b)  For each person listed, the roster must include:                (1)  the person's name, address, and voter registration   number;                (2)  an identification of the person's county election   precinct of registration; and                (3)  the date the ballot was mailed to the person.          (c)  The roster shall be updated daily.          (d)  The roster may be maintained in any form approved by the   secretary of state.          (e)  The clerk shall preserve the roster after the election   for the period for preserving the precinct election records.          (f)  Information on the roster for a person to whom a mail   ballot has been sent is not available for public inspection, except   to the voter seeking to verify that the information pertaining to   the voter is accurate, until the first business day after election   day.          (g)  Information on the roster for a person who votes a mail   ballot shall be made available for public inspection as provided by   Subsection (h) not later than 11 a.m. on the day following the day   the county clerk receives any mail ballot.          (h)  The information under Subsection (g) must be made   available:                (1)  for an election in which the county clerk is the   authority performing the functions of a county clerk with regard to   voting by mail:                      (A)  on the publicly accessible Internet website   of the county; or                      (B)  if the county does not maintain a website, on   the bulletin board used for posting notice of meetings of the   commissioners court; or                (2)  for an election not described by Subdivision (1):                      (A)  on the publicly accessible Internet website   of the authority ordering the election; or                      (B)  if the authority ordering the election does   not maintain a website, on the bulletin board used for posting   notice of meetings of the governing body of the authority.          (i)  The county clerk for a primary election or the general   election for state and county officers shall submit to the   secretary of state for posting on the secretary of state's Internet   website the information described by Subsection (g) not later than   11 a.m. on the day following the day the county clerk receives any   mail ballot.          (j)  The county clerk for a primary election or the general   election for state and county officers shall submit to the   secretary of state for posting on the secretary of state's Internet   website the election day information described by Subsection (g)   not later than 11 a.m. on the day after the election.          (k)  The county clerk for a primary election or the general   election for state and county officers shall submit to the   secretary of state for posting on the secretary of state's Internet   website the final roster containing information described by   Subsection (g) not later than the 20th day after the date of the   local canvass.          (l)  The secretary of state shall post the information   described by Subsection (i) on the secretary of state's Internet   website in a downloadable format not later than 11 a.m. on the day   following the day of receipt of the information.          (m)  The secretary of state shall create a system for a   county clerk for a primary election or the general election for   state and county officers to provide the information to the   secretary of state for posting on the secretary of state's Internet   website under Subsection (i).          (n)  A person registered to vote in the county where the   county clerk is conducting mail voting may submit a complaint to the   secretary of state stating that a county clerk has not complied with   this section.          (o)  The secretary of state by rule shall create and maintain   a system for receiving and recording complaints made under this   section.          (p)  The secretary of state shall maintain a record   indicating county clerks who have failed to comply with the   requirements of this section.          Sec. 92.202.  PRECINCT MAIL VOTING LIST. (a)  For each   election precinct in the territory served by the county clerk, the   clerk shall prepare a list containing the name, address, and voter   registration number of each person registered in the precinct to   whom a mail ballot is sent.          (b)  If an election precinct is situated in more than one   county election precinct, the list must indicate each voter's   county election precinct of residence.          (c)  The clerk shall enter "mail voter" beside the name of   each person on the precinct list of registered voters whose name   appears on the list of mail voters and shall deliver the precinct   list to the presiding judge of the election precinct not later than   the day before election day.          (d)  The clerk shall preserve a copy of each precinct mail   voting list prepared for the general election for state and county   officers for two years after election day.          Sec. 92.2021.  DISPOSITION OF BALLOT TRANSMITTAL FORM. (a)     The presiding judge of the mail ballot board shall enter on the   ballot transmittal form the following information:                (1)  the number of mail ballots received;                (2)  the number of mail ballots accepted;                (3)  the number of mail ballots rejected; and                (4)  the number of mail ballots counted or delivered to   the central counting station, as applicable.          (b)  A board member shall deliver the transmittal form to the   general custodian of election records to be preserved for the   period for preserving the precinct election records.          Sec. 92.203.  DELIVERING OTHER RECORDS AND SUPPLIES. Not   later than the second day after election day, the county clerk shall   deliver the mail voting records and supplies, other than those   required to be delivered to the mail ballot board, to the authority   to whom the corresponding precinct election records are delivered   after the election.          Sec. 92.2031.  MAIL VOTES REPORTED BY PRECINCT. Not later   than the time of the local canvass, the county clerk shall deliver   to the local canvassing authority a report of the total number of   mail votes for each candidate or measure by election precinct.          Sec. 92.204.  PRESERVATION OF MAIL VOTING ELECTION RECORDS   GENERALLY. The mail voting election returns, voted mail ballots,   and other mail voting election records shall be preserved after the   election in the same manner as the corresponding precinct election   records.          Sec. 92.205.  COUNTING OF CERTAIN BALLOTS VOTED LATE BY   MAIL. (a)  The mail ballot board shall convene to count mail   ballots described by Section 73.007(d) at the time set by the   presiding judge of the board on the ninth day after the date of an   election or on an earlier day if the county clerk certifies that all   ballots mailed from outside the United States have been received.          (b)  Notwithstanding Subsection (a), for an election held on   the date of the general election for state and county officers, the   mail ballot board shall convene to count mail ballots described by   Sections 73.007(d) and (e) not later than the 13th day after the   date of the election.          (c)  On counting the ballots under Subsection (a), the mail   ballot board shall report the results to the local canvassing   authority for the election.          (d)  If the date prescribed by Subsection (a) for convening   the mail ballot board is a Saturday, Sunday, or legal state or   national holiday, the mail ballot board shall convene on the next   regular business day.          Sec. 92.206.  ELECTRONIC RECORDING OF BALLOT MATERIALS AND   APPLICATIONS. (a)  The county clerk may electronically record   applications to vote by mail, jacket envelopes, carrier envelopes,   and ballots.          (b)  Electronic records made under this section shall record   both sides of any application, envelope, or ballot recorded, and   all such records shall be provided to the mail ballot board.          (c)  The secretary of state may adopt rules providing   requirements for the electronic image quality and storage of the   electronic images of the documents described by Subsection (a).          Sec. 92.207.  RESOLUTION OF INCORRECT DETERMINATION BY MAIL   BALLOT BOARD. (a)  If a county election officer, as defined by   Section 31.091, determines a ballot was incorrectly rejected or   accepted by the mail ballot board before the time set for convening   the canvassing authority, the county election officer may petition   a district court for injunctive or other relief as the court   determines appropriate.          (b)  In an election ordered by the governor or by a county   judge, the county election officer must confer with and establish   the agreement of the county chair of each political party before   petitioning the district court.          Sec. 92.208.  NOTES. (a)  Each member of a mail ballot board   is entitled to take any notes reasonably necessary to perform the   member's duties under this chapter.          (b)  Notes taken under this section may not contain   personally identifiable information.          (c)  Each member who takes notes under this section shall   sign the notes and deliver them to the presiding judge or committee   chair, as applicable, for delivery to the custodian of election   records.          (d)  Notes collected under this section shall be preserved in   the same manner as precinct election records under Section 93.058.   CHAPTER 93. DISPOSITION OF RECORDS AND SUPPLIES AFTER ELECTION   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 93.001.  GENERAL CUSTODIAN OF ELECTION RECORDS. The   general custodian of election records is:                (1)  the county clerk of each county wholly or partly   situated in the territory covered by the election, for an election   ordered by the governor or by a county authority or for a primary   election;                (2)  the city secretary, for an election ordered by a   city authority; and                (3)  the secretary of the political subdivision's   governing body or, if the governing body has no secretary, the   governing body's presiding officer, for an election ordered by an   authority of a political subdivision other than a county or city.          Sec. 93.002.  PRECINCT ELECTION RECORDS. In this chapter,   "precinct election records" means the precinct election returns,   voted ballots, and other records of an election that are assembled   and distributed under this chapter.          Sec. 93.0021.  ELECTION DAY VOTE TOTAL FOR CERTAIN   ELECTIONS. (a)  This section applies only to a primary election or   the general election for state and county officers.          (b)  The general custodian of election records for a primary   election or the general election for state and county officers   shall maintain a list that states the total number of votes cast in   person in each precinct on election day that is available for public   inspection not later than the day after election day.          (c)  Each vote total shall be maintained in a downloadable   format approved by the secretary of state and posted on the Internet   website of the secretary of state.          (d)  The secretary of state shall create a system for a   county clerk for a primary election or the general election for   state and county officers to provide the information to the   secretary of state for posting on the secretary of state's Internet   website under Subsection (c).          Sec. 93.003.  ENVELOPES FOR DISTRIBUTION OF RECORDS. (a)     Four envelopes shall be furnished to each polling place for use in   assembling and distributing the precinct election records.          (b)  The envelopes shall be labeled and addressed as follows:                (1)  "Envelope No. 1," addressed to the presiding   officer of the local canvassing authority;                (2)  "Envelope No. 2," addressed to the general   custodian of election records;                (3)  "Envelope No. 3," addressed to the presiding   judge; and                (4)  "Envelope No. 4," addressed to the voter   registrar.          Sec. 93.004.  POLLING PLACE CHECKLISTS. The secretary of   state shall adopt rules and create a checklist or similar   guidelines to assist the presiding judge of a polling place in   processing forms and conducting procedures required by this code at   the opening and closing of the polling place.   SUBCHAPTER B. ASSEMBLING RECORDS FOR DISTRIBUTION          Sec. 93.021.  ASSEMBLING ELECTION RECORDS. (a)  On   completing the election returns for the precinct, the presiding   judge shall assemble the precinct election records and place them   in the appropriate envelopes and ballot boxes for distribution.          (b)  The judge shall seal envelopes no. 1, no. 2, and no. 4   and lock ballot boxes no. 3 and no. 4 as soon as they are ready for   distribution.          Sec. 93.022.  CONTENTS OF ENVELOPE NO. 1. Envelope no. 1   must contain:                (1)  the original of the election returns for the   precinct; and                (2)  a tally list.          Sec. 93.023.  CONTENTS OF ENVELOPE NO. 2. Envelope no. 2   must contain:                (1)  a copy of the precinct returns;                (2)  a tally list;                (3)  the original of the poll list;                (4)  the signature roster;                (5)  the precinct mail voting list;                (6)  any affidavits completed at the polling place   except affidavits required to be placed in envelope no. 4; and                (7)  any certificates of appointment of watchers.          Sec. 93.024.  CONTENTS OF ENVELOPE NO. 3. Envelope no. 3   must contain:                (1)  a copy of the precinct returns;                (2)  a copy of the poll list; and                (3)  a copy of the ballot register.          Sec. 93.0241.  CONTENTS OF ENVELOPE NO. 4. Envelope no. 4   must contain:                (1)  the precinct list of registered voters;                (2)  the registration correction list;                (3)  any statements of residence executed under Section   63.0011; and                (4)  any affidavits executed under Section 63.006 or   63.011.          Sec. 93.025.  CONTENTS OF BALLOT BOX NO. 3. (a)  Ballot box   no. 3 must contain:                (1)  the voted ballots;                (2)  a copy of the precinct returns;                (3)  a tally list; and                (4)  a copy of the poll list.          (b)  The copy of the poll list may be placed in a container   other than ballot box no. 3 on approval by the secretary of state if   the secretary determines that placement in the other container is   more suitable for a particular election.          Sec. 93.026.  CONTENTS OF BALLOT BOX NO. 4. Ballot box no. 4   must contain:                (1)  the original of the ballot register;                (2)  the register of spoiled ballots;                (3)  any spoiled ballots;                (4)  any mail ballot returned at the polling place;                (5)  any defectively printed ballots;                (6)  any envelope containing cancellation requests and   canceled ballots; and                (7)  any other unused ballots.   SUBCHAPTER C. DISPOSITION OF RECORDS AND SUPPLIES          Sec. 93.051.  DISTRIBUTION OF ELECTION RECORDS. (a)  The   presiding judge shall deliver envelope no. 1 in person to the   presiding officer of the local canvassing authority.  If the   presiding officer of the local canvassing authority is unavailable,   the envelope shall be delivered to the general custodian of   election records who shall then deliver it to the local canvassing   authority before the time set for convening the local canvass.          (b)  The presiding judge shall deliver envelope no. 2, ballot   box no. 3, and ballot box no. 4 and its key in person to the general   custodian of election records.          (c)  The presiding judge shall retain envelope no. 3.          (d)  The presiding judge shall deliver envelope no. 4 in   person to the voter registrar.  If the voter registrar is   unavailable, the envelope shall be delivered to the general   custodian of election records, who shall deliver it to the voter   registrar on the next regular business day.          Sec. 93.052.  DELIVERY BY ELECTION CLERK. A delivery of   election records or supplies that is to be performed by the   presiding judge may be performed by an election clerk designated by   the presiding judge.          Sec. 93.053.  TIME FOR DELIVERING ELECTION RECORDS. (a)  The   precinct election records shall be delivered to the appropriate   authorities immediately after the precinct returns are completed.          (b)  If the presiding judge determines that the ballots will   not be counted in time to allow delivery of the precinct election   records by 2 a.m. of the day after election day, the presiding   judge, between midnight of election day and 1 a.m. of the following   day, shall notify the general custodian of election records by   telephone of:                (1)  the total number of voters who voted at the polling   place during the voting period and on election day, as indicated by   the poll list;                (2)  the vote totals tallied for each candidate and for   and against each measure at the time of notification; and                (3)  the expected time of finishing the count.          (c)  The precinct election records shall be delivered not   later than 24 hours after the polls close in each election.          Sec. 93.054.  FAILURE TO DELIVER ELECTION RETURNS AND VOTED   BALLOTS. (a)  An election officer responsible for delivering   precinct election returns or voted ballots commits an offense if   the officer:                (1)  fails to make the delivery to the appropriate   authority;                (2)  fails to make the delivery by the deadline   prescribed by Section 93.053(c); or                (3)  fails to prevent another person from handling in   an unauthorized manner the returns or voted ballots that the   officer is responsible for delivering while they are in the   officer's custody.          (b)  If the officer is an election clerk, it is an exception   to the application of Subsection (a)(2) that the election clerk did   not receive the returns from the presiding judge in time to permit a   timely delivery.          (c)  An offense under this section is a Class B misdemeanor.          Sec. 93.055.  JUDICIAL IMPOUNDMENT OF ELECTION RECORDS. (a)     If the precinct election records are not delivered by the deadline   prescribed by Section 93.053(c), on application by a member of the   canvassing authority, a district judge shall order the precinct   election records to be impounded.          (b)  The district judge shall supervise the activities   necessary to complete the count, prepare the precinct returns, and   distribute the records.          Sec. 93.056.  UNOFFICIAL TABULATION OF PRECINCT RESULTS.   (a)  As the general custodian of election records receives the   precinct election records from each polling place, the custodian   shall:                (1)  open the envelopes and remove the precinct   election returns; and                (2)  prepare a tabulation stating for each candidate   and for and against each measure:                      (A)  the total number of votes received in each   precinct; and                      (B)  the sum of the precinct totals tabulated   under Paragraph (A).          (b)  The custodian shall periodically make a public   announcement of the current state of the tabulation made under   Subsection (a).          (c)  The tabulation made under Subsection (a) is unofficial   and does not affect the outcome of the election.          (d)  The custodian shall preserve the unofficial tabulation   for the period for preserving the precinct election records.          Sec. 93.057.  REGULATING PUBLIC INSPECTION OF CERTAIN   ELECTION RECORDS. (a)  The election returns for a particular   precinct that are delivered to the general custodian of election   records do not become public information until the custodian   completes the unofficial tabulation of the results for that   precinct.          (b)  The general custodian of election records or the   custodian's designee shall be present at all times when the records   delivered in ballot box no. 4 are inspected.          (c)  The election records in envelope no. 3 become public   information when delivery of the precinct election records is   completed.          Sec. 93.058.  PRESERVATION OF PRECINCT ELECTION RECORDS.   (a)  Except as otherwise provided by this code, the precinct   election records shall be preserved by the authority to whom they   are distributed for at least 22 months after election day.          (b)  For a period of at least 60 days after the date of the   election, the voted ballots shall be preserved securely in a locked   room in the locked ballot box in which they are delivered to the   general custodian of election records.  On the 61st day after   election day, the general custodian of election records may:                (1)  require a person who has possession of a key that   operates the lock on a ballot box containing voted ballots to return   the key to the custodian; and                (2)  unlock the ballot box and transfer the voted   ballots to another secure container for the remainder of the   preservation period.          (c)  Except as permitted by this code, a ballot box or other   secure container containing voted ballots may not be opened during   the preservation period.          (d)  If during the preservation period an authorized entry is   made into a ballot box or other secure container containing voted   ballots, when the purpose for the entry is fulfilled, the box or   container shall be relocked or resecured, and the box and key or   secure container returned to the custodian.          (e)  A custodian of a ballot box or secure container   containing voted ballots commits an offense if, during the   preservation period prescribed by Subsection (a), the custodian:                (1)  makes an unauthorized entry into the box or   container; or                (2)  fails to prevent another person from handling the   box or container in an unauthorized manner or from making an   unauthorized entry into the box or container.          (f)  An offense under Subsection (e) is a Class A   misdemeanor.          (g)  The records in ballot box no. 4 may be preserved in that   box or by any other method chosen by the custodian.  If the records   are removed from the box, they may not be commingled with any other   election records kept by the custodian.          (h)  Electronic records created under Chapter 129 shall be   preserved in a secure container.          (i)  For the preservation of precinct election records in an   election involving a federal office, the secretary of state shall   instruct the affected authorities on the actions necessary to   comply with federal law and otherwise implement this section.          Sec. 93.059.  RETRIEVING ERRONEOUSLY PLACED ELECTION   RECORDS. (a)  On written application by the presiding officer of   the local canvassing authority or the presiding judge of the   election precinct, a district judge of the county in which a ballot   box containing voted ballots is in custody may order the box opened   to retrieve an election record that was erroneously placed in the   box.          (b)  If the political subdivision holding the election is not   a county or is a county that does not maintain an Internet website,   the district judge shall post a notice of the date, hour, and place   for opening the box on the bulletin board used for posting notices   of the meetings of the governing body of the political subdivision   served by the general custodian of election records.  The notice   must remain posted continuously for the 24 hours immediately   preceding the hour set for opening the box.          (c)  If the political subdivision holding the election is a   county that maintains an Internet website, the district judge shall   post a notice of the date, hour, and place for opening the box on the   county's Internet website.  The notice must remain posted   continuously for the 24 hours preceding the hour set for opening the   box.          (d)  Any interested person may observe the opening of the   box.          (e)  The district judge shall issue the orders necessary to   safeguard the contents of a ballot box opened under this section.          Sec. 93.060.  DELIVERY AND PRESERVATION OF KEY TO BALLOT BOX   NO. 3. (a)  The presiding judge shall deliver the key to ballot box   no. 3 in person to the following authority:                (1)  the sheriff, for an election ordered by the   governor or a county authority or for a primary election, except   that in a year in which the office of sheriff is regularly on the   ballot the presiding judge shall deliver the key to the county   judge, and if both those offices are on the same ballot because of   the filling of an unexpired term the key shall be delivered to the   county auditor or to a designated member of the commissioners court   who is not on the ballot and who is appointed by the court if the   county does not have a county auditor;                 (2)  the chief of police or city marshal, for an   election ordered by a city authority; or                (3)  the constable of the justice precinct in which the   office of the political subdivision's governing body is located, or   if the office of constable is vacant, the sheriff of the county in   which the governing body's office is located, for an election   ordered by an authority of a political subdivision other than a   county or city.          (b)  The ballot box key shall be delivered at the same time as   the precinct election records.          (c)  The custodian of the key to ballot box no. 3 shall keep   the key for the period for preserving the precinct election records   except for the time the key is temporarily out of the custodian's   custody in accordance with this code.          (d)  A person commits an offense if the person is the   custodian of the key to a ballot box containing voted ballots and,   during the period for keeping the key, the person knowingly   relinquishes custody of the key except as permitted by law.  An   offense under this subsection is a Class B misdemeanor.          (e)  After the period for keeping a key to ballot box no. 3   expires, the key's custodian shall return the key to the custodian   of the ballot box.          Sec. 93.061.  CUSTODY OF LIST OF REGISTERED VOTERS TO BE   REUSED IN SUBSEQUENT ELECTION. The custodian of a precinct list of   registered voters that is to be reused in a subsequent election   occurring during the preservation period shall return the list to   the authority responsible for delivering the election supplies not   earlier than the fourth day before the date it is needed for the   subsequent election.          Sec. 93.062.  RETURNING EQUIPMENT AND SUPPLIES. (a)  At the   same time the precinct election records are delivered, the unused   election supplies shall be delivered to the authority responsible   for distributing the election supplies.          (b)  The presiding judge shall follow the directions of the   authority responsible for distributing the election supplies   regarding the storage or return after the election of ballot boxes   no. 1 and no. 2, the keys to those boxes, voting booths, and other   election equipment.   CHAPTER 94. CANVASSING ELECTIONS          Sec. 94.001.  APPLICABILITY OF CHAPTER. This chapter   applies to each general or special election conducted in this   state.          Sec. 94.002.  CANVASS OF PRECINCT RETURNS. (a)  Except as   otherwise provided by law, the precinct election returns for each   election shall be canvassed by the following authority:                (1)  for an election ordered by the governor or by a   county authority, the commissioners court of each county in which   the election is held; and                (2)  for an election ordered by an authority of a   political subdivision other than a county, the political   subdivision's governing body.          (b)  The canvass of precinct returns shall be conducted in   accordance with this chapter except as otherwise provided by this   code.          Sec. 94.003.  TIME FOR LOCAL CANVASS. (a)  Except as   provided by Subsection (b), each local canvassing authority shall   convene to conduct the local canvass at the time set by the   canvassing authority's presiding officer not later than the 11th   day after election day and not earlier than the later of:                (1)  the third day after election day;                (2)  the date on which the mail ballot board has   verified and counted all provisional ballots, if a provisional   ballot has been cast in the election; or                (3)  the date on which all timely received ballots cast   from addresses outside of the United States are counted, if a mail   ballot in the election was provided to a person outside of the   United States.          (b)  In an election described by Section 92.151(b), the time   for the local canvass may be set not later than the 14th day after   election day.          Sec. 94.004.  PROCEDURE FOR LOCAL CANVASS. (a)  At the time   set for convening the canvassing authority for the local canvass,   the presiding officer of the canvassing authority shall deliver the   sealed precinct returns to the authority.  The authority shall open   the returns for each precinct and canvass them as provided by this   section.  Two members of the authority constitute a quorum for   purposes of canvassing an election.          (b)  The canvassing authority shall prepare a tabulation   stating for each candidate and for and against each measure:                (1)  the total number of votes received in each   precinct; and                (2)  the sum of the precinct totals tabulated under   Subdivision (1).          (c)  The tabulation in Subsection (b) must also include for   each precinct the total number of voters who cast a ballot for a   candidate or for or against a measure in the election.  The   secretary of state shall prescribe any procedures necessary to   implement this subsection.          (d)  The canvassing authority may prepare the tabulation as a   separate document or may enter the tabulation directly in the local   election register maintained for the authority.  The authority   shall attach or include as part of the tabulation the report of mail   voting votes by precinct received under Section 92.2031.          (e)  The canvassing authority may compare the precinct   returns with the corresponding tally list.  If a discrepancy is   discovered between the vote totals shown on the returns and those   shown on the tally list for a precinct, the presiding judge of the   precinct shall examine the returns and tally list and make the   necessary corrections on the returns.          (f)  On completion of the canvass, the presiding officer of   the canvassing authority shall deliver the tabulation to the   custodian of the local election register unless it is entered   directly in the election register.  The custodian shall preserve   the tabulation for the period for preserving the precinct election   records.          (g)  On completion of the canvass, the presiding officer of   the canvassing authority shall deliver the precinct returns, tally   lists, and mail voting precinct report used in the canvass to the   general custodian of election records.  The custodian shall   preserve them for the period for preserving the precinct election   records.          (h)  The presiding officer of the canvassing authority shall   note the completion of the canvass in the minutes or in the   recording required by Section 551.021, Government Code.          Sec. 94.005.  DETERMINING OFFICIAL RESULT OF ELECTION NOT   CANVASSED AT STATE LEVEL. (a)  Except as provided by Subsection   (b), the official result of an election that is not canvassed at the   state level is determined from the canvass of the precinct returns   conducted by the local canvassing authority.          (b)  In an election in which there is more than one local   canvassing authority but no canvass at the state level, the   official result is determined in the manner prescribed by the law   providing for the election.          Sec. 94.006.  LOCAL ELECTION REGISTER. (a)  An election   register shall be maintained for each local canvassing authority.          (b)  For each election, the election register must contain in   tabulated form the information required to appear in the tabulation   of precinct results prepared by the local canvassing authority.          (c)  The general custodian of election records for the   elections canvassed by a local canvassing authority is the   custodian of the authority's election register.          (d)  On receipt of the local canvassing authority's   tabulation of votes, the custodian shall make the appropriate   entries in the election register.          (e)  The election register shall be preserved as a permanent   record.          Sec. 94.007.  COUNTY ELECTION RETURNS. (a)  For each   election for a statewide, district, county, or precinct office, a   statewide measure, or president and vice-president of the United   States, the county clerk of each county in the territory covered by   the election shall prepare county election returns.          (b)  The county election returns shall state, for each   candidate and for and against each measure, the total number of   votes received in the county as stated by the local canvassing   authority's tabulation of votes.          (c)  The county clerk shall certify the county returns.          (d)  Not later than 24 hours after completion of the local   canvass, the county clerk shall deliver to the secretary of state,   in the manner directed by the secretary, the county returns.           (e)  The county clerk shall retain a copy of the county   returns for the period for preserving the precinct election   records.          Sec. 94.008.  SEPARATE COUNTY RETURNS FOR GOVERNOR AND   LIEUTENANT GOVERNOR. (a)  In addition to the returns required by   Section 94.007, each county clerk shall prepare separate county   election returns of an election for the office of governor or   lieutenant governor that contain the same information as the   returns for those offices prepared under Section 94.007.          (b)  The returns shall be delivered to the secretary of state   as provided by Section 94.007.          (c)  The secretary of state shall retain the returns until   the first day of the next regular legislative session, when the   secretary shall deliver the returns to the speaker of the house of   representatives.          (d)  The county clerk shall retain a copy of the county   returns for the offices of governor and lieutenant governor for the   period for preserving the precinct election records.          Sec. 94.009.  FORMS AND INSTRUCTIONS FOR COUNTY RETURNS.   (a)  Before each election for which county election returns are   required, the secretary of state shall deliver to each county clerk   in the territory covered by the election two copies of the   officially prescribed form for reporting county election returns.     The secretary shall also deliver two copies of the official form for   the separate returns for the offices of governor and lieutenant   governor, if applicable.          (b)  With the delivery of the official county returns forms,   the secretary of state shall deliver written instructions on the   preparation and delivery of the county election returns.          Sec. 94.010.  COUNTY RETURNS CANVASSED BY GOVERNOR. (a)  The   county election returns for an election for a statewide office   other than governor or lieutenant governor, a statewide measure, a   district office, or president and vice-president of the United   States shall be canvassed by the governor.          (b)  When this code refers to the presiding officer of the   final canvassing authority, the secretary of state is considered to   be the presiding officer when the final canvassing authority is the   governor.          (c)  The canvass of county returns shall be conducted in   accordance with this chapter except as otherwise provided by this   code.          (d)  The presiding officer may make a clerical correction to   the officially canvassed returns based on any authorized amended   county canvass filed with the presiding officer.          Sec. 94.011.  COUNTY RETURNS CANVASSED BY LEGISLATURE. (a)     The county election returns for an election for the office of   governor or lieutenant governor shall be canvassed by the   legislature and the official result declared by the speaker of the   house of representatives in accordance with Section 3, Article IV,   Texas Constitution.          (b)  If a county's election returns are incomplete or   missing, the legislature may substitute the secretary of state's   tabulation for that county or may obtain the necessary information   from the county.  On request of the legislature, the secretary of   state or the county shall promptly transmit the information to the   legislature by the most expeditious means available.          (c)  On completion of the canvass, the speaker of the house   of representatives shall deliver the county returns to the   secretary of state, who shall retain them for the period for   preserving the precinct election records.          Sec. 94.012.  TIME FOR CANVASS BY GOVERNOR. (a)  The   governor shall conduct the state canvass at the time set by the   secretary of state:                (1)  not earlier than the 15th or later than the 30th   day after election day; or                (2)  for an election described by Section 92.151(b),   not earlier than the 18th or later than the 33rd day after election   day.          (b)  The secretary of state shall post, on the secretary of   state's Internet website, a notice of the date, hour, and place of   the canvass at least 72 hours before the canvass is conducted.          Sec. 94.013.  PROCEDURE FOR CANVASS BY GOVERNOR. (a)  At the   time set for the state canvass, the secretary of state shall deliver   the county returns to the governor.          (b)  The secretary of state shall prepare a tabulation   stating for each candidate and for and against each measure   required to be canvassed by the governor:                (1)  the total number of votes received in each county;   and                (2)  the sum of the county totals tabulated under   Subdivision (1).          (c)  At the canvass of an election in which the office of   governor or lieutenant governor is voted on, the secretary of state   shall prepare a separate tabulation on the candidates for governor   and lieutenant governor, indicating for each candidate the   information required by Subsection (b).          (d)  The governor shall certify the tabulations.          (e)  The secretary of state shall retain the county election   returns used in the canvass and the tabulations for the period for   preserving the precinct election records.          Sec. 94.014.  DETERMINING OFFICIAL RESULT OF ELECTION   CANVASSED AT STATE LEVEL. The official result of an election   canvassed by the governor or by the legislature is determined from   the canvass of the county returns conducted by that authority.          Sec. 94.015.  STATE ELECTION REGISTER. (a)  An election   register shall be maintained for the governor.          (b)  Except as provided by Subsection (e), for each election   the election register shall contain in tabulated form the   information required to appear in the tabulations of the county   results prepared by the secretary of state.          (c)  The secretary of state is the custodian of the election   register for the governor.          (d)  After each canvass conducted by the governor, the   secretary of state shall make the appropriate entries in the   election register.          (e)  If a discrepancy exists between the legislature's   canvass of the election for governor or lieutenant governor and the   register entries pertaining to either of those offices that are   made from the secretary of state's tabulation, the secretary shall   make the entries in the register necessary to make it correspond to   the legislature's canvass.          (f)  The election register shall be preserved as a permanent   record of the state.          Sec. 94.016.  CERTIFICATE OF ELECTION. (a)  After the   completion of a canvass, the presiding officer of the local   canvassing authority shall prepare a certificate of election for   each candidate who is elected to an office for which the official   result is determined by that authority's canvass.          (b)  The governor shall prepare a certificate of election for   each candidate who is elected to an office for which the official   result is determined by the canvass conducted by the governor.          (c)  A certificate of election must contain:                (1)  the candidate's name;                (2)  the office to which the candidate is elected;                (3)  a statement of election to an unexpired term, if   applicable;                (4)  the date of the election;                (5)  the signature of the officer preparing the   certificate; and                (6)  any seal used by the officer preparing the   certificate to authenticate documents that the officer executes or   certifies.          (d)  After the canvass of a presidential election, the   secretary of state shall prepare a certificate of election for each   presidential elector candidate who is elected.          (e)  The authority preparing a certificate of election shall   promptly deliver it to the person for whom it is prepared, subject   to Section 212.0331.          (f)  A certificate of election may not be issued to a person   who has been declared ineligible to be elected to the office.          (g)  This section does not apply to the offices of governor   and lieutenant governor.          Sec. 94.017.  REPORTING PRECINCT RESULTS TO SECRETARY OF   STATE. (a)  After each election for a statewide office or the   office of United States representative, state senator, or state   representative, a district office, a county office, or a precinct   office, the county clerk shall prepare a report of the number of   votes, including votes cast by mail and votes cast during the voting   period, received in each county election precinct for each   candidate for each of those offices.  In a presidential election   year, the report must include the number of votes received in each   precinct for each set of candidates for president and   vice-president of the United States.          (b)  The county clerk shall deliver the report to the   secretary of state not later than the 30th day after election day in   an electronic format prescribed by the secretary of state.          (c)  The report may be:                (1)  an electronic copy of the precinct returns;                (2)  an electronic copy of the tabulation prepared by   the local canvassing authority; or                (3)  in any other electronic form approved by the   secretary of state.          (d)  The secretary of state shall preserve a report received   under this section for 10 years unless the secretary prepares a   written tabulation of the information contained in the report   received.  In that case, the secretary shall preserve the original   report for 2 years and the tabulation for 10 years after receipt of   the original report.          (e)  After the applicable preservation period prescribed by   Subsection (d) expires, the secretary of state shall transfer the   report or tabulation to the state library.   CHAPTER 95.  CONDUCT OF TABULATION   SUBCHAPTER A.  CONDUCT OF TABULATION          Sec. 95.001.  DUTY TO TABULATE GENERALLY. (a)  The secretary   of state shall tabulate the unofficial results as provided by this   subchapter in each primary election and general election for state   and county officers on each proposed amendment to the state   constitution and for each contested race for nomination or election   to:                (1)  a federal office or statewide office of the state   government;                (2)  the office of state senator;                (3)  the office of state representative; and                (4)  the office of member, State Board of Education.          (b)  The secretary may tabulate the unofficial results for   other contested races, political party referenda, and any special   elections ordered by the governor.          Sec. 95.002.  ACCESS TO TABULATION SYSTEM. (a)  During the   tabulation, the secretary of state shall provide a sufficient   number of display terminals for representatives of the news media   to monitor the tabulation.  The secretary shall provide direct   lines between computers for use by the media, if practicable.          (b)  The secretary shall charge reasonable fees, which shall   approximate actual costs, to defray the costs of providing the news   media access to the tabulation system.          Sec. 95.003.  DISPLAY TERMINALS FOR CERTAIN STATE OFFICERS.   (a)  For monitoring the tabulations, the secretary of state shall   provide display terminals without charge to the governor,   lieutenant governor, and speaker of the house of representatives in   their Capitol offices.  The secretary shall also provide printers   at those locations if printers are made available at any location.          (b)  The officers who are provided terminals or printers   under this section may not provide access to data from those   terminals or printers to members of the working news media.          Sec. 95.004.  PERIODIC REPORTS DURING TABULATION. (a)     Periodically during the tabulation, the secretary of state shall   publish reports covering the races being tabulated.          (b)  The periodic reports may include:                (1)  vote totals for all contested races being   tabulated;                (2)  vote totals by county for federal offices and   statewide offices of the state government;                (3)  vote totals for federal offices and statewide   offices of the state government in each of the 6 most populous   counties, the total for the next 19 most populous counties, and the   total for the remaining 229 counties; and                (4)  any other information the secretary of state   determines to be relevant.          (c)  The secretary shall distribute the periodic reports on   publication to the participating news media.          Sec. 95.005.  FINAL REPORTS OF TABULATION. (a)  After   completion of the tabulation, the secretary of state shall publish   a final report covering the races being tabulated.          (b)  The final report may include:                (1)  the information described by Section 95.004(b);                (2)  vote totals by county for all races being   tabulated; and                (3)  vote totals for federal offices and statewide   offices of the state government in a minimum of eight regions   designated by the secretary on the basis of the geographic scope of   the electronic media markets.          (c)  The secretary shall distribute a copy of the final   report on publication to the participating news media, governor,   lieutenant governor, speaker of the house of representatives, and   members of the elections advisory committee.  A copy of the report   shall also be furnished to other persons on payment of a reasonable   fee prescribed by the secretary to defray the costs of preparing and   furnishing the copy.          Sec. 95.006.  REPORT OF RECEIPT OF COUNTY RESULTS. The   secretary of state shall publish a report indicating the times the   first and last reports of results from each county were received by   the secretary.          Sec. 95.007.  POSTING REPORTS FOR PUBLIC INSPECTION. (a)     The secretary of state shall post for public inspection, on   publication, one copy of each report published under Section   95.004.          (b)  The secretary of state may post for public inspection   any of the reports prepared under this subchapter.          Sec. 95.008.  BACKUP SYSTEM. The secretary of state shall   provide a backup system for the tabulation of the results.          Sec. 95.009.  OPERATIONS MANUAL. Not later than the 90th day   before the date of each election covered by this subchapter, the   secretary of state shall prepare an operations manual that explains   the procedures to be used by the secretary in tabulating the   results.          Sec. 95.010.  DISPOSITION OF FUNDS. Funds collected under   this chapter may be appropriated only to the secretary of state for   the administration of this chapter.          Sec. 95.011.  ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY   OF STATE. The secretary of state shall prescribe any additional   procedures necessary to implement the tabulation of unofficial   results.   SUBCHAPTER B.  DUTIES OF LOCAL ELECTION OFFICIALS FOR CERTAIN RACES          Sec. 95.031.  APPLICABILITY OF SUBCHAPTER. This subchapter   applies to each election covered by Subchapter A in addition to and   notwithstanding other provisions of this code.          Sec. 95.032.  DELIVERY OF RETURNS AND VOTED BALLOTS. (a)  In   precincts using paper ballots, voting machines, or electronic   voting system ballot counters, the copy of the returns required to   be delivered to the county clerk shall be delivered not later than   two hours, or as soon thereafter as practicable, after the closing   of the polls or after the last person voted, whichever is later.          (b)  In a precinct using electronic voting system ballots to   be counted at a central counting station, the ballots shall be   delivered to the station not later than two hours, or as soon   thereafter as practicable, after the closing of the polls or after   the last person voted, whichever is later.  The copy of the returns   required to be delivered to the county clerk shall be delivered by   the presiding judge of the counting station immediately on   completion of the returns.          Sec. 95.033.  COUNTING OF MAIL BALLOTS. The mail ballot   board shall count the mail ballots periodically throughout the day.          Sec. 95.034.  TRANSMISSION OF RESULTS TO SECRETARY OF STATE.   (a)  The county clerk shall transmit periodically, by telephone or   other electronic means, to the secretary of state the results for   the races being tabulated by the secretary.  The results shall be   transmitted continuously until complete.          (b)  The county clerk shall transmit the complete or partial   results of the voting by mail and in person for the appropriate   races at 7 p.m. on election day.  If only partial results are   available, the results shall be transmitted periodically until   complete.          (c)  Costs of transmission of the results may be paid by the   state.   SUBCHAPTER C.  ELECTIONS ADVISORY COMMITTEE          Sec. 95.051.  MEMBERSHIP. (a)  Not later than January 1 of   each even-numbered year, the lieutenant governor, speaker of the   house of representatives, and secretary of state shall each appoint   six persons to serve on an elections advisory committee in   connection with the tabulation and reporting of election results   under this chapter.          (b)  Each member of the committee serves a two-year term   beginning on January 1 of even-numbered years.          (c)  Appointments to the committee shall be made without   regard to race, creed, sex, religion, and national origin.          (d)  Instead of making one of the required appointments, each   appointing officer or the officer's designee may serve on the   committee.          (e)  Each appointing officer shall allocate at least four of   the officer's appointments among members of the various media   organizations covering elections in this state.          (f)  The following persons or their designees shall also   serve on the committee:                (1)  the president of the Texas Association of   Broadcasters;                (2)  the president of the Texas Press Association;                (3)  the president of the Texas Daily Newspaper   Association; and                (4)  the chief state executive officers of the   Associated Press and United Press International.          Sec. 95.052.  CHAIR AND MEETINGS. (a)  The secretary of   state shall designate a chair and vice chair of the committee from   among the media organization membership.          (b)  Meetings of the committee shall be held at the call of   the chair.          Sec. 95.053.  REVIEW OF OPERATIONS MANUAL. The committee   shall review the operations manual prepared under Section 95.009   and make any recommendations it considers appropriate.          Sec. 95.054.  MEMBERS PRESENT DURING TABULATION. One or   more members chosen by the committee shall be present during the   tabulation of the results at each election.          Sec. 95.055.  EVALUATION AND RECOMMENDATIONS REGARDING   TABULATION. The committee shall submit a written report after each   election to the secretary of state, governor, lieutenant governor,   and speaker of the house of representatives evaluating the   tabulation process and making any recommendations it considers   appropriate.          SECTION 1.012.  Section 172.128(c), Election Code, is   amended to read as follows:          (c)  The county clerk may assign [combine] voting precincts   for an election held under this section to voting centers to the   extent necessary to adequately serve the voters.          SECTION 1.013.  Section 173.007(c), Election Code, is   amended to read as follows:          (c)  Rules adopted under this section do not limit a   political party's authority under this code to assign [consolidate]   election precincts to a voting center for a primary election.   ARTICLE 2.  CONFORMING AMENDMENTS          SECTION 2.001.  Section 201.073(e), Agriculture Code, is   amended to read as follows:          (e)  If more than one individual files a notice of candidacy   for a director's office during the period specified by Subsection   (b)(1), the election shall be held at a meeting of eligible voters   scheduled under Subsection (a).  The district shall print ballots   with the names of the candidates for each director's office to be   filled.  The district by rule shall provide for allowing eligible   voters [by personal appearance] to cast votes in person on printed   ballots at a location designated by the district instead of at the   meeting.  The rules must provide for votes to be accepted at the   designated location during established business hours for a period   beginning on the 17th day before the date of the meeting and   continuing through the fourth day before the date of the meeting,   including at least one Saturday during that period.  If, because of   the date scheduled for the meeting, it is not possible to begin the   [early] voting period [by personal appearance] on the prescribed   date, the [early] voting period shall begin on the earliest   practicable date as set by the district.  Each eligible voter   present at the scheduled meeting shall cast a vote by ballots   printed under this subsection.  If after tabulation by the district   of the votes cast before the meeting at the designated location and   the votes cast at the meeting no nominee has received a majority of   the votes, the two candidates receiving the largest number of votes   shall be voted on in a second ballot, and the candidate receiving   the largest number of votes among those cast before the meeting at   the designated location and those cast at the meeting in the second   ballot is elected.  The district by rule shall provide for   certifying eligible voters voting at the designated location and at   the meeting.          SECTION 2.002.  Section 25.087(b-1), Education Code, is   amended to read as follows:          (b-1)  A school district may adopt a policy excusing a   student from attending school for service as a student election   [early voting] clerk under Section 32.0511, Election Code [in an   election].          SECTION 2.003.  Section 33.092, Education Code, is amended   to read as follows:          Sec. 33.092.  STUDENT ELECTION CLERKS [AND EARLY VOTING   CLERKS].  A student who is appointed as a student election clerk   under Section 32.0511, Election Code, [or as a student early voting   clerk under Section 83.012, Election Code,] may apply the time   served as a student election clerk [or student early voting clerk]   toward:                (1)  a requirement for a school project at the   discretion of the teacher who assigned the project; or                (2)  a service requirement for participation in an   advanced academic course program at the discretion of the program   sponsor or a school-sponsored extracurricular activity at the   discretion of the school sponsor.          SECTION 2.004.  Section 130.253(f), Education Code, is   amended to read as follows:          (f)  The governing body of the school district or county, as   applicable, shall procure the election supplies necessary to   conduct the election and shall determine the quantity of the   various types of supplies to be provided for use at each precinct   polling place [and early voting polling place].          SECTION 2.005.  Section 1.005, Election Code, is amended by   amending Subdivision (4-a) and adding Subdivision (21-a) to read as   follows:                (4-a) "Election official" means:                      (A)  a county clerk;                      (B)  a permanent or temporary deputy county clerk;                      (C)  an elections administrator;                      (D)  a permanent or temporary employee of an   elections administrator;                      (E)  an election judge;                      (F)  an alternate election judge;                      (G)  [an early voting clerk;                      [(H)] a deputy county [early voting] clerk;                      (H) [(I)]  an election clerk;                      (I) [(J)]  the presiding judge of a mail [an early   voting] ballot board;                      (J) [(K)]  the alternate presiding judge of a mail   [an early voting] ballot board;                      (K) [(L)]  a member of a mail [an early voting]   ballot board;                      (L) [(M)  the chair of a signature verification   committee;                      [(N)  the vice chair of a signature verification   committee;                      [(O)  a member of a signature verification   committee;                      [(P)]  the presiding judge of a central counting   station;                      (M) [(Q)]  the alternate presiding judge of a   central counting station;                      (N) [(R)]  a central counting station manager;                      (O) [(S)]  a central counting station clerk;                      (P) [(T)]  a tabulation supervisor;                      (Q) [(U)]  an assistant to a tabulation   supervisor; and                      (R) [(V)]  a chair of a county political party   holding a primary election or a runoff primary election.                (21-a)  "Voting center" means a polling place created   under Section 42.0052.          SECTION 2.006.  Section 1.016(a), Election Code, is amended   to read as follows:          (a)  An oath or statement required by the Texas Constitution   or this code prior to an election officer entering service may be   administered and a certificate of the fact given by:                (1)  the secretary of state, a member of the secretary   of state's staff, or a state inspector appointed by the secretary;                (2)  a county or municipal clerk or the clerk's   deputies;                (3)  a county tax assessor-collector or the county tax   assessor-collector's deputies;                (4)  a city secretary;                (5)  a member of a county election commission or county   election board;                (6)  a county elections administrator or employee of a   county elections administrator;                (7)  the secretary of the governing body of a political   subdivision other than a county or city or the authority performing   the duties of a secretary under this code;                (8)  a presiding election judge or alternate presiding   judge who has already entered service;                (9)  [an early voting clerk or a deputy early voting   clerk who has already entered service;                [(10)]  a member of a mail [an early voting] ballot   board [or signature verification committee] who has already entered   service; or                (10) [(11)]  a presiding judge, manager, or tabulation   supervisor of a central counting station who has already entered   service.          SECTION 2.007.  Section 2.025(e), Election Code, is amended   to read as follows:          (e)  A date designated by the secretary of state under this   section for a runoff election:                (1)  must be:                      (A)  not earlier than the 30th day after the date   of the main election; and                      (B)  not later than the 45th day after the date of   the main election; and                (2)  may not:                      (A)  be a national or state holiday under Section   1.006(f); or                      (B)  have a [an early] voting period that includes   a national or state holiday under Section 1.006(f).          SECTION 2.008.  Section 2.081(b), Election Code, is amended   to read as follows:          (b)  If a measure is declared moot under this section and is   removed from the ballot, the authority holding the election shall   post notice of the declaration during the [early] voting period [by   personal appearance] and on election day, at each polling place   that would have been used for the election on the measure.          SECTION 2.009.  Section 3.006, Election Code, is amended to   read as follows:          Sec. 3.006.  CONTENTS OF ELECTION ORDER. In addition to any   other elements required to be included in an election order by other   law, each election order must state:                (1)  the date of the election;                (2)  the date the voting period begins;                (3)  the regular dates and hours voting will be   conducted on election day and during the voting period; and                (4)  the offices or measures to be voted on at the   election.          SECTION 2.010.  Sections 4.003(b) and (f), Election Code,   are amended to read as follows:          (b)  In addition to any other notice given for an election   under Subsection (a), not later than the 21st day before election   day, a county shall post a copy of a notice of the election given by   the county or provided to the county under Section 4.008(a), which   must include the location of each polling place, on the county's   Internet website, if the county maintains a website. For each   voting center created under Section 42.0052, the notice must   include the location of the voting center and the precincts   assigned to that voting center.  An authority responsible for   giving notice of an election may post a copy of the notice on the   bulletin board used for posting notices of the meetings of the   governing body of the political subdivision that the authority   serves.  If a county does not maintain a website, the authority   responsible for giving notice of the election shall post a copy of a   notice of the election on the bulletin board used for posting   notices of the meetings of the governing body of the political   subdivision that the authority serves.  [For each precinct that is   combined to form a consolidated precinct under Section 42.008, not   later than the 10th day before election day, the authority shall   also post, at the polling place used in the preceding general   election, notice of the precinct's consolidation and the location   of the polling place in the consolidated precinct.]  A notice   posted under this subsection must remain posted continuously   through election day.          (f)  A debt obligation election order required under Section   3.009 shall be posted:                (1)  on election day and during the [early] voting   period [by personal appearance], in a prominent location at each   polling place;                (2)  not later than the 21st day before the election, in   three public places in the boundaries of the political subdivision   holding the election; and                (3)  during the 21 days before the election, on the   political subdivision's Internet website, prominently and together   with the notice of the election, the contents of the proposition,   and any sample ballot prepared for the election, if the political   subdivision maintains an Internet website.          SECTION 2.011.  Sections 4.004(a) and (d), Election Code,   are amended to read as follows:          (a)  The notice of a general or special election must state:                (1)  the nature and date of the election;                (2)  except as provided by Subsection (c), the location   of each polling place;                (3)  the dates and hours that the polls will be open,   including the dates of the voting period;                (4)  the Internet website of the authority conducting   the election; and                (5)  any other information required by other law.          (d)  If precincts are assigned to a voting center   [consolidated] under Section 42.0052 [42.008], the notice must   state which precincts have been assigned [combined] to [form] each   voting center [consolidated precinct] in addition to the locations   of the voting centers [polling places in the consolidated   precincts].          SECTION 2.012.  Section 12.004(d), Election Code, is amended   to read as follows:          (d)  The [If early voting by personal appearance is required   to be conducted for extended hours under Section 85.005(c) or for   weekend hours under Section 85.006(e), the] registrar's office   shall remain open for providing voter registration information   during the days and hours, including [extended hours or] weekend   hours, of the [that the main early voting polling place is open for]   voting period.          SECTION 2.013.  Section 13.002(e), Election Code, is amended   to read as follows:          (e)  A person who is certified for participation in the   address confidentiality program administered by the attorney   general under Subchapter B, Chapter 58, Code of Criminal Procedure,   is not eligible to vote [for early voting] by mail under Section   71.004 [82.007] unless the person submits an application under this   section by personal delivery.  The secretary of state may adopt   rules to implement this subsection.          SECTION 2.014.  Section 13.143(b), Election Code, is amended   to read as follows:          (b)  A registration is effective for purposes of [early]   voting during the voting period or by mail if it will be effective   on election day.          SECTION 2.015.  Section 15.025(b), Election Code, is amended   to read as follows:          (b)  A change in registration information covered by this   section is effective for purposes of [early] voting during the   voting period or by mail if it will be effective on election day.          SECTION 2.016.  Section 16.031(a), Election Code, is amended   to read as follows:          (a)  The registrar shall cancel a voter's registration   immediately on receipt of:                (1)  notice under Section 13.072(b), 15.021, or   18.0681(d) or a response under Section 15.053 that the voter's   residence is outside the county;                (2)  an abstract of the voter's death certificate under   Section 16.001(a) or an abstract of an application indicating that   the voter is deceased under Section 16.001(b);                (3)  an abstract of a final judgment of the voter's   total mental incapacity, partial mental incapacity without the   right to vote, conviction of a felony, or disqualification under   Section 16.002, 16.003, or 16.004;                (4)  notice under Section 88.111 [112.012] that the   voter has applied for a limited ballot in another county;                (5)  notice from a voter registration official in   another state that the voter has registered to vote outside this   state;                (6)  notice from the county [early voting] clerk under   Section 74.053 [101.053] that a federal postcard application   submitted by an applicant states a voting residence address located   outside the registrar's county; or                (7)  notice from the secretary of state that the voter   has registered to vote in another county, as determined by the   voter's driver's license number or personal identification card   number issued by the Department of Public Safety or social security   number.          SECTION 2.017.  Sections 18.001(a) and (d), Election Code,   are amended to read as follows:          (a)  Before the beginning of the [early] voting period for   the first election held in a county in each voting year, the   registrar shall prepare for each county election precinct a   certified list of the registered voters in the precinct.  The list   must contain the name of each voter whose registration will be   effective on the date of the first election held in the county in   the voting year.          (d)  An additional copy of each list shall be furnished for   use in [early] voting during the voting period and by mail.          SECTION 2.018.  Section 18.002(c), Election Code, is amended   to read as follows:          (c)  An additional copy of each list shall be furnished for   use in [early] voting during the voting period and by mail and as   needed in order to ensure all voters eligible to vote in an election   appear correctly on the original list.          SECTION 2.019.  Section 18.003(c), Election Code, is amended   to read as follows:          (c)  An additional copy of each list shall be furnished for   use in [early] voting during the voting period and by mail and as   needed in order to ensure all voters eligible to vote in an election   appear correctly on the original list.          SECTION 2.020.  Section 18.006, Election Code, is amended to   read as follows:          Sec. 18.006.  DELIVERY OF LISTS TO ELECTION AUTHORITIES.   The registrar shall deliver the lists furnished under this   subchapter, including the lists furnished under Section 18.007, to   the appropriate authority as soon as practicable after the request   but in every case in time for receipt before the beginning of   [early] voting by mail for the election in which the lists are to be   used.  If those lists do not contain the names of all voters who will   be eligible to vote as of the beginning of the [early] voting period   [by personal appearance], another set of the appropriate lists   shall be delivered before the beginning of the [early] voting   period [by personal appearance].  If those lists do not contain the   names of all voters whose registrations will be effective on   election day, another set of the appropriate lists shall be   delivered as soon as practicable after the registrar has processed   the remaining applications.          SECTION 2.021.  Section 18.069, Election Code, is amended to   read as follows:          Sec. 18.069.  VOTING HISTORY. Not later than the 30th day   after the date of the primary, runoff primary, or general election   or any special election ordered by the governor, the general   custodian of election records shall electronically submit to the   secretary of state the record of each voter participating in the   election.  The record must include a notation of whether the voter   voted on election day, voted during the voting period [early by   personal appearance], voted [early] by mail under Chapter 73 [86],   or voted [early] by mail under Subchapter A, Chapter 74 [101].          SECTION 2.022.  Section 19.004(a), Election Code, is amended   to read as follows:          (a)  Except as provided by Subsection (d), state funds   disbursed under this chapter may be used only to:                (1)  defray expenses of the registrar's office in   connection with voter registration, including additional expenses   related to:                      (A)  implementation of the National Voter   Registration Act of 1993 (52 U.S.C. Section 20501 et seq.);                      (B)  complying with weekly updating requirements;   and                      (C)  the employment of temporary voter   registration personnel for not more than 39 weeks in a state fiscal   year; and                (2)  if the registrar's county has a population of less   than 55,000, defray the cost to the registrar's county of keeping   the polling places in the county open during the [early] voting   period [as required under Sections 85.005(c), 85.006(e), and   85.064(d)].          SECTION 2.023.  Sections 31.014(a) and (c), Election Code,   are amended to read as follows:          (a)  The secretary of state shall prescribe specific   requirements and standards, consistent with this code, for the   certification of an electronic device used to accept voters under   Chapter 63 that require the device to:                (1)  produce an electronic copy of the list of voters   who were accepted to vote for delivery to the election judge after   the polls close;                (2)  display the voter's original signature in   accordance with Section 63.002;                (3)  accept a voter for voting even when the device is   off-line;                (4)  provide the full list of voters registered in the   county with an indication of the jurisdictional or distinguishing   number for each territorial unit in which each voter resides;                (5)  time-stamp when each voter is accepted at a   polling place, including the voter's unique identifier; and                (6)  [if the county participates in the countywide   polling place program under Section 43.007 or has more than one   early voting polling place, transmit a time stamp when each voter is   accepted, including the voter's unique identifier, to all polling   place locations;                [(7)  time-stamp the receipt of a transmission under   Subdivision (6); and                [(8)]  produce in an electronic format compatible with   the statewide voter registration list under Section 18.061 data for   retention and transfer that includes:                      (A)  the polling location in which the device was   used; and                      (B)  the dated time stamp under Subdivision (5)[;   and                      [(C)  the dated time stamp under Subdivision (7)].          (c)  The secretary of state shall adopt rules that require a   device described by this section [used during the early voting   period or under the countywide polling place program under Section   43.007] to update data in real time.  If a county uses a device that   does not comply with the rule in two consecutive general elections   for state and county officers, the secretary of state shall assess a   noncompliance fee.  The noncompliance fee shall be set at an amount   determined by secretary of state rule.          SECTION 2.024.  Section 31.016(b), Election Code, is amended   to read as follows:          (b)  The secretary of state shall prescribe procedures   requiring each entity designating the location of a polling place[,   including an early voting polling place,] to submit information on   the location to the secretary of state for inclusion on the   secretary of state's Internet website.          SECTION 2.025.  Section 31.017(a), Election Code, is amended   to read as follows:          (a)  In a county with a population of more than 4 million, the   secretary of state's office may order administrative oversight of a   county office administering elections or voter registration in the   county if:                (1)  an administrative election complaint is filed with   the secretary of state by a person who participated in the relevant   election as:                      (A)  a candidate;                      (B)  a county chair or state chair of a political   party;                      (C)  a presiding judge;                      (D)  an alternate presiding judge; or                      (E)  the head of a specific-purpose political   committee that supports or opposes a measure;                (2)  the secretary of state has provided notice to the   county election official with authority over election   administration or voter registration under Section 31.018; and                (3)  the secretary of state, after conducting an   investigation under Section 31.019, has good cause to believe that   a recurring pattern of problems with election administration or   voter registration exists in the county, including any recurring:                      (A)  malfunction of voting system equipment that   prevents a voter from casting a vote;                      (B)  carelessness or official misconduct in the   distribution of election supplies;                      (C)  errors in the tabulation of results that   would have affected the outcome of an election;                      (D)  violations of Section 93.053 [66.053];                      (E)  discovery of properly executed voted ballots   after the canvass of an election that were not counted; or                      (F)  failure to conduct maintenance activities on   the lists of registered voters as required under this code.          SECTION 2.026.  Section 31.018(c), Election Code, is amended   to read as follows:          (c)  If the administrative election complaint filed under   Section 31.017(a)(1) concerns an election for which the voting   period [by personal appearance] has begun and the final canvass has   not been completed, the county election official with authority   over election administration or voter registration must provide a   response under Subsection (b) not later than 72 hours after   receiving notice of the complaint under Subsection (a).          SECTION 2.027.  Section 31.020(b), Election Code, is amended   to read as follows:          (b)  The authority of administrative oversight over a county   granted to the secretary of state under this subchapter must   include:                (1)  requiring the approval and review by the secretary   of state of any policies or procedures regarding the administration   of elections issued by the county; and                (2)  authorizing all appropriate personnel in the   secretary of state's office to conduct in-person observations of   the county election office's activities, including any activities   related to election preparation, voting by mail, the [early] voting   period, election day, and post-election day procedures.          SECTION 2.028.  Section 31.097, Election Code, is amended to   read as follows:          Sec. 31.097.  [EARLY] VOTING BY MAIL.  (a)  An election   services contract may provide that the county election officer's   deputies may serve as deputy county [early voting] clerks even if   the officer is not to serve as the county [early voting] clerk with   regard to [or supervise early] voting by mail.          (b)  If the county election officer is to serve as the county   [early voting] clerk or is to provide deputies to serve as deputy   county [early voting] clerks, the officer's written order   appointing a permanent or temporary deputy of the officer as a   deputy county [early voting] clerk is sufficient, without the   necessity for an appointment by any other authority.          (c)  A permanent deputy of the county election officer is not   subject to the eligibility requirements of this subsection. For a   temporary deputy of the officer to be eligible for appointment as a   deputy county [early voting] clerk, the deputy must have the   qualifications for appointment 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 served by   the county election officer or the political subdivision in which   the election is held; and                (2)  if an employee of the contracting political   subdivision is appointed, the appointee's status as an employee   does not disqualify the appointee from serving in an election in   which an officer of the political subdivision is a candidate.          SECTION 2.029.  Section 31.122, Election Code, is amended by   adding Subsection (c) to read as follows:          (c)  The county clerk's office shall remain open for voting   activities during the hours the polls are required to be open for   voting on election day.          SECTION 2.030.  Section 31.124(a), Election Code, is amended   to read as follows:          (a)  A county election officer of each county shall hold a   meeting with the county chair of each political party to discuss, as   appropriate, the following for each primary election or general   election for state and county officers:                (1)  [the lists provided by each political party under   Section 85.009;                [(2)] the lists provided by each political party under   Section 92.002(c) [87.002(c)];                (2) [(3)]  the implementation of Subchapters A, B, C,   and D, Chapter 92 [87]; and                (3) [(4)]  holding a joint primary, entering into an   election services contract, and polling place locations.          SECTION 2.031.  Section 32.0511(d), Election Code, is   amended to read as follows:          (d)  Not more than two student election clerks may serve at a   polling place[, except that not more than four student election   clerks may serve at any countywide polling place].          SECTION 2.032.  Section 32.054(d), Election Code, is amended   to read as follows:          (d)  Notwithstanding Subsection (b), a person employed by a   county solely as a deputy county [an early voting] clerk appointed   under Subchapter B-1, Chapter 31, [83] is not employed by a   candidate for purposes of this section.          SECTION 2.033.  Section 32.075(e), Election Code, is amended   to read as follows:          (e)  The presiding judge or a special peace officer appointed   under this section may not enforce the prohibition against   electioneering or loitering outside of the area within which   electioneering and loitering are prohibited under Section 61.003   [or 85.036].          SECTION 2.034.  Section 32.1111(c), Election Code, is   amended to read as follows:          (c)  Completion of the training program under this section is   not a prerequisite to eligibility for service in an election for:                (1)  county election officials;                (2)  presiding or alternate election judges;                (3)  election clerks;                (4)  members of the mail [early voting] ballot board;   or                (5)  [members of the signature verification committee;   or                [(6)]  central counting station officers.          SECTION 2.035.  Section 32.114(a), Election Code, is amended   to read as follows:          (a)  The county clerk shall provide one or more sessions of   training using the standardized training program and materials   developed and provided by the secretary of state under Section   32.111 for the election judges and clerks appointed to serve in   elections ordered by the governor or a county authority.  Each   election judge shall complete the training program.  The training   program must include specific procedures related to the mail [early   voting] ballot board and the central counting station, as   applicable.  Each election clerk shall complete the part of the   training program relating to the acceptance and handling of the   identification presented by a voter to an election officer under   Section 63.001.          SECTION 2.036.  Section 33.004(b), Election Code, is amended   to read as follows:          (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 a mail [an   early voting] ballot board[,] or a central counting station, a   person must be a registered voter of the territory served by that   facility.          SECTION 2.037.  Sections 33.007(a) and (c), Election Code,   are amended to read as follows:          (a)  Each appointing authority may appoint not more than two   watchers for each precinct polling place, meeting place for a mail   [an early voting] ballot board, or central counting station   involved in the election.          (c)  In an election in which the election officers serving at   a precinct polling place also serve as a mail [an early voting]   ballot board, a watcher who is appointed for the precinct polling   place may observe the processing of mail [early voting] ballots by   the mail [early voting] ballot board, or separate watchers may be   appointed to observe only that activity.          SECTION 2.038.  Section 33.033(a), Election Code, is amended   to read as follows:          (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, a county [an early voting]   clerk, or a deputy clerk serving at that location.          SECTION 2.039.  Section 33.051(a), Election Code, is amended   to read as follows:          (a)  A watcher appointed to serve at a precinct polling   place, a meeting place for a mail [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.          SECTION 2.040.  Section 33.052, Election Code, is amended to   read as follows:          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 during the   voting period or 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.          SECTION 2.041.  Section 33.054, Election Code, is amended to   read as follows:          Sec. 33.054.  HOURS OF SERVICE AT MAIL [EARLY VOTING] BALLOT   BOARD MEETING [OR SIGNATURE VERIFICATION COMMITTEE MEETING].  (a)     A watcher serving at the meeting place of a mail [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 a mail [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.          SECTION 2.042.  Section 33.060(a), Election Code, is amended   to read as follows:          (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 a mail [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.          SECTION 2.043.  Section 41.032(a), Election Code, is amended   to read as follows:          (a)  A voter who has not voted before the time for closing the   polls is entitled to vote after that time if the voter is inside or   waiting to enter the polling place at the time for closing the polls   applicable under Section 41.031 [7 p.m].          SECTION 2.044.  Section 42.005(a), Election Code, is amended   to read as follows:          (a)  A county election precinct[, including a consolidated   precinct,] may not contain territory from more than one of each of   the following types of territorial units:                (1)  a commissioners precinct;                (2)  a justice precinct;                (3)  a congressional district;                (4)  a state representative district;                (5)  a state senatorial district; or                (6)  a State Board of Education district.          SECTION 2.045.  Section 42.006(a), Election Code, is amended   to read as follows:          (a)  A [Except as provided by this section and Section   42.0051, a] county election precinct must contain at least 100 but   not more than 5,000 registered voters.          SECTION 2.046.  Section 51.003, Election Code, is amended to   read as follows:          Sec. 51.003.  PROCURING AND ALLOCATING SUPPLIES. Except as   otherwise provided by law, the following authority shall procure   the election supplies necessary to conduct an election and shall   determine the quantity of the various types of supplies to be   provided to each precinct polling place [and early voting polling   place]:                (1)  for an election ordered by the governor or a county   authority, the county clerk, subject to the approval of the county   election board;                (2)  for a primary election, the county chair of the   political party holding the primary, subject to the approval of the   party's county executive committee;                (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.          SECTION 2.047.  Section 51.004(b), Election Code, is amended   to read as follows:          (b)  The appropriate supplies shall be distributed to each   presiding election judge not later than one hour before the polls   are required to be open for [voting and to the early voting clerk   before] the beginning of the [early] voting period.          SECTION 2.048.  Section 51.006, Election Code, is amended to   read as follows:          Sec. 51.006.  PREPARING BALLOTS FOR DISTRIBUTION. The   authority responsible for distributing election supplies shall   package and seal each set of ballots before their distribution and   shall mark the package with the number of ballots enclosed and the   range of the ballot serial numbers.  If the authority is the county   [early voting] clerk, the ballots allocated for the [early] voting   period need not be packaged and sealed.          SECTION 2.049.  Section 51.007(a), Election Code, is amended   to read as follows:          (a)  As soon as practicable after the ballots are packaged   for distribution, the authority responsible for distributing   election supplies shall prepare a record of the number of ballots   and the range of serial numbers on the ballots to be distributed to   each presiding judge and the county [early voting] clerk.          SECTION 2.050.  Section 123.006, Election Code, is amended   to read as follows:          Sec. 123.006.  ADOPTION OF VOTING SYSTEM [FOR EARLY VOTING].     (a)  A voting system may be adopted for use in [early] voting by mail   only, regular voting during the voting period and on election day   only, or both.          (b)  [A voting system may be adopted for use in early voting   by personal appearance only, early voting by mail only, or both.          [(c)]  Only one kind of voting system may be used for [early]   voting by mail.  A voting system and regular paper ballots may not   both be used in the same election for [early] voting by mail.          SECTION 2.051.  Section 124.006, Election Code, is amended   to read as follows:          Sec. 124.006.  IMPLEMENTATION OF PROVISIONAL BALLOT SYSTEM.   The secretary of state shall prescribe the form of a provisional   ballot and the necessary procedures to implement the casting of a   provisional ballot as described by Section 63.011 and the   verification and processing of provisional ballots under   Subchapter F [B], Chapter 92 [65], for each voting system used in   this state.          SECTION 2.052.  Section 125.006(c), Election Code, is   amended to read as follows:          (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 mail [early   voting] ballots or ballots for [regular] voting during the voting   period and 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.          SECTION 2.053.  Section 125.010(b), Election Code, is   amended to read as follows:          (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 mail [early voting] ballot board, or a central   counting station for the purpose of repairing, assembling,   maintaining, or operating voting system equipment.          SECTION 2.054.  Section 127.1232(b), Election Code, is   amended to read as follows:          (b)  The general custodian of election records in a county   with a population of 100,000 or more shall implement a video   surveillance system that retains a record of all areas containing   voted ballots:                (1)  from the time the voted ballots are delivered to   the central counting station until the canvass of precinct election   returns; and                (2)  from the time the voted ballots are delivered to   the mail [signature verification committee or early voting] ballot   board until the canvass of precinct election returns.          SECTION 2.055.  Section 127.130(c-1), Election Code, is   amended to read as follows:          (c-1)  In any manual count conducted under this code, an   irregularly marked vote on a ballot on which a voter indicates a   vote by making a mark on the ballot is considered in the same manner   as provided by Section 91.008 [65.009].          SECTION 2.056.  Section 127.131(f), Election Code, is   amended to read as follows:          (f)  The presiding judge of the central counting station   shall provide and attest to a written reconciliation of votes and   voters at the close of tabulation for election day and again after   the central counting station meets for the last time to process   late-arriving mail ballots [by mail] and provisional ballots.  The   secretary of state shall create and promulgate rules and a form to   facilitate compliance with this subsection.  The form shall be   posted on a website maintained by the county along with election   returns and results.          SECTION 2.057.  Section 128.001(b), Election Code, is   amended to read as follows:          (b)  Notwithstanding Chapter 93 [66], a system under this   section may allow for the storage of processed ballot materials in   an electronic form on the main computer.          SECTION 2.058.  Section 129.002(b), Election Code, is   amended to read as follows:          (b)  During the [early] voting period, the county [early   voting] clerk shall conduct a daily audit of the direct recording   electronic voting machines used in the election to ensure proper   correspondence among the numbers of ballots provided on the   machines, names on the poll list, and ballots cast on the machines.          SECTION 2.059.  Section 141.063(e), Election Code, is   amended to read as follows:          (e)  The signer's residence address and registration address   are not required to be the same if the signer would otherwise be   able to vote for that office under Section 11.004 or 88.102   [112.002].          SECTION 2.060.  Section 145.003(c), Election Code, is   amended to read as follows:          (c)  A candidate in an election other than the general   election for state and county officers may be declared ineligible   before the beginning of the [early] voting period [by personal   appearance] by the authority with whom an application for a place on   the ballot for the office sought by the candidate is required to be   filed.          SECTION 2.061.  Section 162.003, Election Code, is amended   to read as follows:          Sec. 162.003.  AFFILIATION BY VOTING IN PRIMARY. A person   becomes affiliated with a political party when the person:                (1)  is accepted to vote in the party's primary   election; or                (2)  returns a mail ballot [an early voting] or limited   primary ballot voted by mail.          SECTION 2.062.  Section 162.005, Election Code, is amended   to read as follows:          Sec. 162.005.  AFFILIATION PROCEDURE: [EARLY] VOTING BY   MAIL.  Subject to Section 162.004(a-1), the county [early voting]   clerk in a general primary election shall provide an affiliation   certificate with each mail ballot [early voting] or limited ballot   to be voted by mail.  The certificate is not required to be provided   to an applicant for a runoff primary ballot unless the applicant   requests it.          SECTION 2.063.  Sections 172.1111(a) and (c), Election Code,   are amended to read as follows:          (a)  Before the opening of the polls on the first day of   [during] the [early] voting period [and on election day], the   presiding judge shall post at each outside door through which a   voter may enter the building in which the polling place is located a   written notice in bold print of the date, hour, and place for each   precinct, county, senatorial, or state convention that a voter in   the precinct may be eligible to attend during the election year.     The presiding judge may not remove the notice before the closing of   the polls on election day.          (c)  The notice must remain posted continuously through the   [early] voting period and on election day.          SECTION 2.064.  Section 172.1112(a), Election Code, is   amended to read as follows:          (a)  The county clerk shall post a notice of the election and   a notice of voting center locations [consolidated precincts], if   applicable, in the manner prescribed by Section 4.003(b) for   general and special elections.  The notice of the election shall be   posted on the county's Internet website, if the county maintains a   website.  If the county does not maintain a website, the notice   shall be posted on the bulletin board used for posting notice of   meetings of the commissioners court.          SECTION 2.065.  Section 172.1113, Election Code, is amended   to read as follows:          Sec. 172.1113.  COUNTY CHAIR PERMITTED IN POLLING PLACE.     [(a)  In this section, "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.          [(b)]  The county chair of a political party conducting a   primary election may be in a polling place while the polls are open   for voting [during the voting period] as necessary to perform   administrative functions related to the conduct of the election.          SECTION 2.066.  Section 172.1114(e), Election Code, is   amended to read as follows:          (e)  A county chair of a political party shall supply or   contract with the authority to supply a notice prepared according   to this section to the authority conducting the election not later   than the 30th day before the date the [early] voting period [by   personal appearance] begins.  The authority's preparation of copies   is a necessary expense incurred in connection with a primary   election under Section 173.001.          SECTION 2.067.  Section 172.1141(b), Election Code, is   amended to read as follows:          (b)  If a county records the acceptance of a voter   electronically, the state chair or county chair may request and the   county clerk shall provide not later than the date of the local   general primary canvass an electronic document listing the persons   who voted in the party primary, the unique identifier assigned to   each person, and whether the person voted by mail, during the voting   period [early in person or by mail], or [voted in person] on   election day.          SECTION 2.068.  Sections 172.124(a) and (c), Election Code,   are amended to read as follows:          (a)  For each primary election, the county clerk shall   prepare a report of the number of votes, including [early voting]   votes cast by mail and during the voting period, received in each   county election precinct by each candidate for an office, other   than a party office, as provided by Section 94.017 [67.017] for the   report of precinct results for a general election.          (c)  Except as otherwise provided by this section, the report   is subject to the requirements prescribed by Section 94.017   [67.017] for the report prepared for a general election.          SECTION 2.069.  Sections 172.126(b) and (c), Election Code,   are amended to read as follows:          (b)  The county clerk shall determine whether to assign   [consolidate] election precincts to a voting center under Section   42.0052 [42.009] and shall designate the location of the voting   center [polling place in a consolidated precinct].  To the extent   possible, a polling place shall be designated that will accommodate   the precinct conventions of each political party.  If a polling   place or voting center[, whether for a regular or consolidated   precinct,] is not suitable for more than one precinct convention,   the polling place may be used by the party whose candidate for   governor received the most votes in the county in the most recent   gubernatorial general election.          (c)  One set of election officers shall conduct the primary   elections at each polling place.  Not later than the second Monday   in December preceding the primary elections, each county chair   shall deliver to the county clerk a list of the names of the   election judges and clerks for that party.  The presiding judge of   each party, or alternate judge if applicable, serves as a co-judge   for the precinct.  If an eligible presiding co-judge and alternate   co-judge cannot be found to serve for a particular party in a   precinct, a joint primary may not be conducted in that precinct, and   that precinct must be assigned to a voting center [consolidated   with another precinct] that has an eligible presiding co-judge and   alternate co-judge to serve for each party.  The county clerk shall   appoint the election clerks in accordance with rules prescribed by   the secretary of state.  The secretary of state shall prescribe the   maximum number of clerks that may be appointed for each precinct.     The mail [early voting] ballot board and any central counting   station shall also be composed of and administered by one set of   election officers that provides representation for each party, and   the secretary of state by rule shall prescribe procedures   consistent with this subsection for the appointment of those   officers.          SECTION 2.070.  Section 173.003, Election Code, is amended   to read as follows:          Sec. 173.003.  EXPENSES INCURRED BY COUNTY. Except as   otherwise provided by law, the county shall pay all the expenses   incurred in connection with [early] voting by mail or during the   voting period in a primary election, except expenses relating to   the printing of mail [early voting] ballots, and any other expenses   incurred by a county authority in connection with a primary   election.          SECTION 2.071.  Section 173.081(f), Election Code, is   amended to read as follows:          (f)  A statement submitted by a county chair must also   include a notice of the county election precincts to be assigned to   a voting center [consolidated] for the election, if any.          SECTION 2.072.  Section 212.134, Election Code, is amended   to read as follows:          Sec. 212.134.  MAIL [EARLY VOTING] VOTES TREATED AS   PRECINCT. For [(a) Except as provided by Subsection (b), for] the   purpose of specifying which election precincts are to be included   in a recount, all the mail [early voting] votes canvassed by a local   canvassing authority shall be treated as constituting one election   precinct.          [(b)  Each early voting polling place in which voting   machines were used shall be treated as constituting one election   precinct.]          SECTION 2.073.  Section 213.003(a), Election Code, is   amended to read as follows:          (a)  Except as provided by Subsections (b) and (c), to be   eligible for appointment as a member of a recount committee, a   person must be a qualified voter of the political subdivision   served by the recount supervisor and must otherwise meet the   eligibility requirements prescribed by this code for precinct   election judges and clerks.  A person who served as an election   judge or as judge of the mail [early voting] ballot board in the   election is ineligible to serve as a member of the recount   committee.  An officer of a political party is eligible to serve as   a member of the committee.          SECTION 2.074.  Section 213.006(c), Election Code, is   amended to read as follows:          (c)  Mail [Early voting] ballots rejected by the mail [early   voting] ballot board may not be counted in the recount.          SECTION 2.075.  Section 221.018(a), Election Code, is   amended to read as follows:          (a)  Notwithstanding Section 72.0021(b) [84.0021(b)], the   tribunal hearing an election contest may examine the information   contained in an application under Section 72.0021(b) [84.0021]   relating to the address at which the applicant is registered to   vote.          SECTION 2.076.  Section 231.007(c), Election Code, is   amended to read as follows:          (c)  The district court may set the election for a date that   shortens the regular period for [early] voting by mail, but the date   must make it possible for the [early] voting period [by personal   appearance] to begin on the date described by Section 41.010 [not   later than the 10th day before election day. In the order setting   the date for the election, the court shall also set the date for   beginning early voting by personal appearance if it is not possible   to begin on the regular day].          SECTION 2.077.  Section 232.013(b), Election Code, is   amended to read as follows:          (b)  The date set for the runoff may not provide a longer   interval between the court order and the runoff than is required or   authorized by law between the main election and a regularly   scheduled runoff.  The date may provide a shorter interval, but the   interval must make it possible for the [early] voting period [by   personal appearance] to begin on the date described by Section   41.010 [not later than the 10th day before election day].          SECTION 2.078.  Section 232.048(b), Election Code, is   amended to read as follows:          (b)  Sections 232.013(b)[, (c),] and (d) apply to an election   ordered under Subsection (a) of this section.          SECTION 2.079.  Section 247.001, Election Code, is amended   to read as follows:          Sec. 247.001.  PETITION ALLEGING FRAUD. This chapter   applies to a civil suit in which a candidate in an election alleges   in the petition that an opposing candidate, an agent of the opposing   candidate, or a person acting on behalf of the opposing candidate   with the candidate's knowledge violated any of the following   sections of this code:                (1)  Section 13.007;                (2)  Section 64.012;                (3)  Section 64.036;                (4)  Section 72.003 [84.003];                (5)  Section 72.0041 [84.0041];                (6)  Section 73.0051 [86.0051];                (7)  Section 73.006 [86.006];                (8)  Section 73.010 [86.010];                (9)  Section 276.013; and                (10)  Section 276.015.          SECTION 2.080.  Section 271.006, Election Code, is amended   to read as follows:          Sec. 271.006.  [EARLY] VOTING BY MAIL.  (a)  The governing   bodies of the political subdivisions participating in a joint   election shall decide whether to conduct their [early] voting by   mail jointly.  The governing bodies that decide to conduct joint   [early] voting by mail shall appoint one of their county [early   voting] clerks to perform the functions of a county [as the early   voting] clerk for the joint [early] voting.          (b)  [The joint early voting shall be conducted at the early   voting polling place or places at which and during the hours,   including any extended or weekend hours, that the early voting   clerk regularly conducts early voting for the clerk's political   subdivision.          [(c)]  The regular county [early voting] clerk for each   political subdivision participating in the joint [early] voting by   mail shall receive applications [for early voting ballots] to vote   [be voted] by mail in accordance with Subtitle B, Title 6 [7].  The   remaining procedures for conducting the political subdivision's   [early] voting by mail shall be completed by the regular county   [early voting] clerk or by the county [early voting] clerk for the   joint [early] voting, at the discretion of the governing body of   each political subdivision participating in the joint [early]   voting.          (c) [(d)]  If a governing body decides not to participate in   the joint [early] voting by mail, the [early] voting by mail for   that political subdivision shall be conducted in accordance with   Subtitle B, Title 6 [7, except that the early voting may be   conducted at common polling places].          SECTION 2.081.  Section 271.0071, Election Code, is amended   to read as follows:          Sec. 271.0071.  MULTIPLE METHODS OF VOTING ALLOWED. The   restrictions on multiple methods of voting at the same polling   place or [in early voting] prescribed by Sections 123.005-123.007   do not apply to a joint election as if the joint election were a   single election but rather apply independently to the election of   each participating political subdivision in the joint election.          SECTION 2.082.  Section 272.004, Election Code, is amended   to read as follows:          Sec. 272.004.  USE OF BILINGUAL MATERIALS FOR [EARLY] VOTING   BY MAIL.  Bilingual election materials shall be used for [early]   voting by mail in each election in which bilingual election   materials are used.          SECTION 2.083.  Section 272.005(c), Election Code, is   amended to read as follows:          (c)  Except as provided by Section 272.006, the following   materials must contain a Spanish translation beneath the English   text:                (1)  the official affidavit forms and other official   forms that voters are required to sign in connection with voting;                (2)  the official application forms to vote by mail   [for early voting ballots];                (3)  written instructions furnished to [early voting]   voters voting by mail; and                (4)  the balloting materials furnished to voters in   connection with mail ballots [early voting by mail].          SECTION 2.084.  Sections 272.006(b) and (c), Election Code,   are amended to read as follows:          (b)  If a separate translation of the ballot is made under   Subsection (a), the translation must be furnished to each voter to   whom a mail [an early voting] ballot [to be voted by mail] is   provided.          (c)  An item specified by Section 272.005(c) is not required   to contain a Spanish translation if:                (1)  for an item used in connection with voting at a   polling place:                      (A)  a separate translation of the item is made   available to the voter on request; and                      (B)  the item contains a statement in Spanish   informing the voter of the availability of the translation; or                (2)  for an item used in connection with [early] voting   by mail, a separate translation of the item is furnished with the   item to the voter.          SECTION 2.085.  Section 272.011(b), Election Code, is   amended to read as follows:          (b)  The secretary of state shall prepare the translation for   election materials required to be provided in a language other than   English or Spanish for the following state prescribed voter forms:                (1)  voter registration application form required by   Section 13.002;                (2)  the confirmation form required by Section 15.051;                (3)  the voting instruction poster required by Section   62.011;                (4)  the reasonable impediment declaration required by   Section 63.001(b);                (5)  the statement of residence form required by   Section 63.0011;                (6)  the provisional ballot affidavit required by   Section 63.011;                (7)  the application to vote [for a ballot] by mail   required by Section 72.010 [84.011];                (8)  the carrier envelope and voting instructions   required by Section 73.013 [86.013]; and                (9)  any other voter forms that the secretary of state   identifies as frequently used and for which state resources are   otherwise available.          SECTION 2.086.  Sections 276.004(a) and (b), Election Code,   are amended to read as follows:          (a)  A person commits an offense if, with respect to another   person over whom the person has authority in the scope of   employment, the person knowingly:                (1)  refuses to permit the other person to be absent   from work on election day or during the [while early] voting period   [is in progress] for the purpose of attending the polls to vote; or                (2)  subjects or threatens to subject the other person   to a penalty for attending the polls on election day or during the   [while early] voting period [is in progress] to vote.          (b)  It is an exception to the application of this section   that the person's conduct occurs in connection with an election in   which the polls are open on election day or during the [while early]   voting period [is in progress] for voting for two consecutive hours   outside of the voter's working hours.          SECTION 2.087.  Section 276.010(a), Election Code, is   amended to read as follows:          (a)  A person commits an offense if the person buys, offers   to buy, sells, or offers to sell an official ballot, official ballot   envelope, official carrier envelope, signed application to vote by   [for an early voting] mail [ballot], or any other original election   record.          SECTION 2.088.  Section 276.013(a), Election Code, is   amended to read as follows:          (a)  A person commits an offense if the person knowingly or   intentionally makes any effort to:                (1)  influence the independent exercise of the vote of   another in the presence of the ballot or during the voting process,   including by altering the ballot of another or by otherwise causing   a ballot to not reflect the intent of the voter;                (2)  cause a voter to become registered, a ballot to be   obtained, or a vote to be cast under false pretenses;                (3)  cause any false or intentionally misleading   statement, representation, or information to be provided:                      (A)  to an election official; or                      (B)  on an application to vote [for ballot] by   mail, carrier envelope, or any other official election-related form   or document;                (4)  prevent a voter from casting a legal ballot in an   election in which the voter is eligible to vote;                (5)  provide false information to a voter with the   intent of preventing the voter from voting in an election in which   the voter is eligible to vote;                (6)  cause the ballot not to reflect the intent of the   voter;                (7)  cause a ballot to be voted for another person that   the person knows to be deceased or otherwise knows not to be a   qualified or registered voter;                (8)  cause or enable a vote to be cast more than once in   the same election; or                (9)  discard or destroy a voter's completed ballot   without the voter's consent.          SECTION 2.089.  Section 276.015(a)(2), Election Code, is   amended to read as follows:                (2)  "Vote harvesting services" means in-person   interaction with one or more voters, in the physical presence of an   official ballot or a mail ballot [voted by mail], intended to   deliver votes for a specific candidate or measure.          SECTION 2.090.  Section 276.015(e), Election Code, is   amended to read as follows:          (e)  This section does not apply to:                (1)  an activity not performed in exchange for   compensation or a benefit;                (2)  interactions that do not occur in the presence of   the ballot or during the voting process;                (3)  interactions that do not directly involve an   official ballot or mail ballot [by mail];                (4)  interactions that are not conducted in-person with   a voter; or                (5)  activity that is not designed to deliver votes for   or against a specific candidate or measure.          SECTION 2.091.  Section 276.016(d), Election Code, is   amended to read as follows:          (d)  Subsection (a)(4) does not apply if the public official   or election official engaged in the conduct described by Subsection   (a)(4) while lawfully assisting the applicant under Section 72.003   [84.003].          SECTION 2.092.  The heading to Section 276.017, Election   Code, is amended to read as follows:          Sec. 276.017.  UNLAWFUL DISTRIBUTION OF MAIL [EARLY VOTING]   BALLOTS AND BALLOTING MATERIALS.          SECTION 2.093.  Section 276.017(a), Election Code, is   amended to read as follows:          (a)  The county [early voting] clerk or other election   official commits an offense if the clerk or official knowingly   mails or otherwise provides a mail [an early voting] ballot [by   mail] or other [early voting by] mail ballot materials to a person   who the clerk or official knows did not submit an application [for a   ballot] to vote [be voted] by mail under Section 72.001 [84.001].          SECTION 2.094.  Section 277.002(f), Election Code, is   amended to read as follows:          (f)  The signer's residence address and the address listed on   the signer's registration are not required to be the same if the   signer is eligible to vote under Section 11.004 or 88.102   [112.002].          SECTION 2.095.  Section 42.154(a), Local Government Code, is   amended to read as follows:          (a)  The governing body of a municipality shall canvass the   election returns for an election held under this subchapter in   accordance with Chapter 94 [67], Election Code.          SECTION 2.096.  Section 46.03(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if the person intentionally,   knowingly, or recklessly possesses or goes with a firearm,   location-restricted knife, club, or prohibited weapon listed in   Section 46.05(a):                (1)  on the premises of a school or postsecondary   educational institution, on any grounds or building owned by and   under the control of a school or postsecondary educational   institution and on which an activity sponsored by the school or   institution is being conducted, or in a passenger transportation   vehicle of a school or postsecondary educational institution,   whether the school or postsecondary educational institution is   public or private, unless:                      (A)  pursuant to written regulations or written   authorization of the school or institution; or                      (B)  the person possesses or goes with a concealed   handgun that the person is licensed to carry under Subchapter H,   Chapter 411, Government Code, and no other weapon to which this   section applies, on the premises of a postsecondary educational   institution, on any grounds or building owned by and under the   control of the institution and on which an activity sponsored by the   institution is being conducted, or in a passenger transportation   vehicle of the institution;                (2)  on the premises of a polling place or election   office on the day of an election, during the voting period, or while   activities related to [early] voting are [is] in progress;                (3)  on the premises of any government court or offices   utilized by the court, unless pursuant to written regulations or   written authorization of the court;                (4)  on the premises of a racetrack;                (5)  in or into a secured area of an airport;                (6)  within 1,000 feet of premises the location of   which is designated by the Texas Department of Criminal Justice as a   place of execution under Article 43.19, Code of Criminal Procedure,   on a day that a sentence of death is set to be imposed on the   designated premises and the person received notice that:                      (A)  going within 1,000 feet of the premises with   a weapon listed under this subsection was prohibited; or                      (B)  possessing a weapon listed under this   subsection within 1,000 feet of the premises was prohibited;                (7)  on the premises of a business that has a permit or   license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic   Beverage Code, if the business derives 51 percent or more of its   income from the sale or service of alcoholic beverages for   on-premises consumption, as determined by the Texas Alcoholic   Beverage Commission under Section 104.06, Alcoholic Beverage Code;                (8)  on the premises where a high school, collegiate,   or professional sporting event or interscholastic event is taking   place, unless the person is a participant in the event and a   firearm, location-restricted knife, club, or prohibited weapon   listed in Section 46.05(a) is used in the event;                (9)  on the premises of a correctional facility;                (10)  on the premises of a civil commitment facility;                (11)  on the premises of a hospital licensed under   Chapter 241, Health and Safety Code, or on the premises of a nursing   facility licensed under Chapter 242, Health and Safety Code, unless   the person has written authorization of the hospital or nursing   facility administration, as appropriate;                (12)  on the premises of a mental hospital, as defined   by Section 571.003, Health and Safety Code, unless the person has   written authorization of the mental hospital administration;                (13)  in an amusement park; or                (14)  in the room or rooms where a meeting of a   governmental entity is held, if the meeting is an open meeting   subject to Chapter 551, Government Code, and if the entity provided   notice as required by that chapter.          SECTION 2.097.  Section 26.087(d), Water Code, is amended to   read as follows:          (d)  Voting by mail [Absentee balloting] in the election   shall begin 10 days before the election and shall end as provided in   the Texas Election Code.  The ballots for the election shall be   printed to provide for voting for or against the regional or   area-wide system to be operated by the designated regional entity.          SECTION 2.098.  Section 49.103(h), Water Code, is amended to   read as follows:          (h)  If authorized by the board in the proceedings calling a   director election, the secretary of the board or the secretary's   designee, on receipt of the certification required by Section   2.052(b), Election Code, shall post notice that the election is not   to be held.  The notice must be posted, on or before the   commencement of the [early] voting period, at each polling place   that would have been used in the election. If the notice is timely   posted:                (1)  the board or the board's designee is not required   to:                      (A)  post or publish notice of the election;                      (B)  prepare or print ballots and election   materials; or                      (C)  hold early and regular voting; and                (2)  the board shall meet at the earliest practicable   time to declare each unopposed candidate elected to office.          SECTION 2.099.  Section 49.108(g), Water Code, is amended to   read as follows:          (g)  On or before the first day of the [for early] voting   period [by personal appearance] at an election held to authorize a   contract, a substantially final form of the contract must be filed   in the office of the district and must be open to inspection by the   public.  The contract is not required to be attached as an exhibit   to the order calling the election to authorize the contract.          SECTION 2.100.  Section 49.111(b), Water Code, is amended to   read as follows:          (b)  A district eligible for the exemption under Subsection   (a) must publish notice in a newspaper of general circulation in an   area that includes the district or mail notice to each voter in the   district regarding the district's intention to hold an election   without providing a voting station that meets the requirements for   accessibility under 52 [42] U.S.C. Section 21081(a)(3)   [15481(a)(3)] on election day and during the voting period [for   early voting by personal appearance].  The notice must be published   or mailed not later than the later of:                (1)  the 75th day before the date of the election; or                (2)  the date on which the district adopts the order   calling the election.          SECTION 2.101.  Section 49.112, Water Code, is amended to   read as follows:          Sec. 49.112.  CANCELLATION OF ELECTION; REMOVAL OF BALLOT   MEASURE.  Before the first day of the [early] voting period [by   personal appearance], the board by order or resolution may cancel   an election called at the discretion of the district or may remove   from the ballot a measure included at the discretion of the   district.  A copy of the order or resolution must be posted during   the voting period [for early voting by personal appearance] and on   election day at each polling place that is used or that would have   been used in the election.          SECTION 2.102.  Section 49.4645(b), Water Code, is amended   to read as follows:          (b)  On or before the 10th day before the first day of the   [for early] voting period [by personal appearance] at an election   held to authorize the issuance of bonds for the development and   maintenance of recreational facilities, the board shall file in the   district office for review by the public a park plan covering the   land, improvements, facilities, and equipment to be purchased or   constructed and their estimated cost, together with maps, plats,   drawings, and data fully showing and explaining the park plan.  The   park plan is not part of the proposition to be voted on, does not   create a contract with the voters, and may be amended at any time   after the election held to authorize the issuance of bonds for the   development and maintenance of recreational facilities provided   under the plan.  The estimated cost stated in the amended park plan   may not exceed the amount of bonds authorized at that election.          SECTION 2.103.  Sections 63.0895(c), (h), (i), and (r),   Water Code, are amended to read as follows:          (c)  The commission shall give notice of the commissioners'   election in the manner provided by Section 63.093(a) of this code.     The notice must state the official mailing address to which voters   of the district may mail applications [for absentee ballots] to   vote [be voted] by mail.  The notice shall be published once a week   for two consecutive weeks in a newspaper published in the district   or, if a newspaper is not published in the district, in a newspaper   of general circulation in the district.  The first publication   shall be made not later than the 65th day nor earlier than the 70th   day before election day.          (h)  The county election officer performs [is] the functions   of a county [absentee voting] clerk with regard to voting by mail   for the commissioners' election.          (i)  An election officer, including a member of the mail   [absentee] ballot board, appointed to serve in the general election   for state and county officers shall serve in the same office in the   commissioners' election.  A person who is eligible to serve as an   election officer in the general election for state and county   officers is eligible to serve in the same office in the   commissioners' election.          (r)  The county election officer and election officers,   including members of the mail [absentee] ballot board, appointed to   serve in the general election for state and county officers, are   entitled to additional compensation for serving in the   commissioners' election only if additional compensation is   provided by the commission.   ARTICLE 3.  REPEALER          SECTION 3.001.  The following provisions of the Election   Code are repealed:                (1)  Section 4.003(e);                (2)  Section 32.002(c-1);                (3)  Section 32.112;                (4)  Section 32.114(e);                (5)  Section 33.0016;                (6)  Section 33.007(b);                (7)  Sections 33.051(a-1) and (d);                (8)  Section 33.053;                (9)  Section 42.0051;                (10)  Section 42.008;                (11)  Section 42.009;                (12)  Section 43.004(c);                (13)  Section 43.007;                (14)  Chapters 65, 66, 67, and 68;                (15)  Title 7;                (16)  Section 129.057; and                (17)  Section 232.013(c).   ARTICLE 4.  TRANSITION AND EFFECTIVE DATE          SECTION 4.001.  The changes in law made by this Act apply   only to an election ordered on or after the effective date of this   Act. An election ordered before the effective date of this Act is   governed by the law in effect when the election was ordered.          SECTION 4.002.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2025.