Title EL, Election Code

Sec. 127.004. ASSISTANTS TO TABULATION SUPERVISOR. (a) The tabulation supervisor may appoint one or more assistants, each of whom must be approved by the authority establishing the central counting station. (b) To be eligible for appointment, a person must: (1) have the competenc…

Sec. 127.005. PRESIDING JUDGE OF COUNTING STATION. (a) The authority appointing the presiding judges to serve in an election shall appoint a presiding judge of each central counting station operating in the election. (b) Except as otherwise provided by this section, the eligibili…

Sec. 127.006. COUNTING STATION CLERKS. (a) The manager, the presiding judge, and the alternate presiding judge may appoint clerks to serve at the central counting station. (b) Except as otherwise provided by this section, the eligibility requirements prescribed by this code for p…

Sec. 127.007. PLAN FOR COUNTING STATION OPERATION. (a) The manager shall establish and implement a written plan for the orderly operation of the central counting station. (b) The plan required under this section must address the process for comparing the number of voters who sign…

Sec. 127.008. BYSTANDERS EXCLUDED. (a) Except as permitted by this code and as described by Subsection (b), a person may not be in a central counting station while ballots are being counted. (b) Under this code, a person may be lawfully present in the central counting station whi…

Sec. 127.009. ELECTRONIC DEVICES IN CENTRAL COUNTING STATION. (a) A counting station manager and the presiding judge of the counting station shall develop a protocol under which any electronic device inside a central counting station that is necessary to count votes is equipped w…

Sec. 127.010. TRAINING. The secretary of state shall provide a standardized training program and materials for members of a counting station in the same manner it provides such a program under Subchapter F, Chapter 32. Added by Acts 2023, 88th Leg., R.S., Ch. 415 (H.B. 1632), Sec…

Sec. 127.061. SEALED BALLOT BOXES REQUIRED. Sealed ballot boxes shall be used to deliver electronic system ballots from the polling place to the central counting station in accordance with this subchapter. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts …

Sec. 127.063. DESIGN OF BALLOT BOX. A sealed ballot box used under this subchapter must be equipped with a lock to prevent opening the box without a key and designed and constructed so that: (1) the ballots can be deposited and delivered without damage that will render them unfit…

Sec. 127.064. SEALS FOR BALLOT BOXES. (a) A seal shall be provided for each ballot box used under this subchapter. (b) The seals for the boxes must be serially numbered for each election. (c) The authority responsible for distributing election supplies to the polling places shall…

Sec. 127.065. SEALING BALLOT BOX; DELIVERY TO POLLING PLACE. (a) An adequate number of sealed ballot boxes shall be provided for each polling place at which sealed boxes are to be used. (b) Before the ballot boxes are delivered to the polling places, the authority responsible for…

Sec. 127.066. SEALING DEPOSIT SLOT; DELIVERY OF SEALED BALLOT BOX TO COUNTING STATION. (a) Immediately on completion of voting at a polling place using sealed ballot boxes or, if the presiding judge inactivates a sealed ballot box before completion of voting, immediately on inact…

Sec. 127.067. DISPOSITION OF ELECTION RECORDS. (a) An election officer shall place the precinct election records in the appropriate envelopes or other containers provided for that purpose. (b) Except as provided by Subsection (c), the precinct election records shall be delivered …

Sec. 127.068. RECEIVING SEALED BALLOT BOX AT COUNTING STATION. (a) On receipt of a sealed ballot box, the presiding judge of the central counting station or the judge's designee shall give a signed receipt for the box to one of the delivering officers. The presiding judge at the …

Sec. 127.069. SORTING BALLOTS. (a) After opening a sealed ballot box, the presiding judge of the central counting station shall sort the damaged ballots, the ballots containing write-in votes, and any other ballots requiring special handling and place them in the appropriate enve…

Sec. 127.091. TEST OF TABULATING EQUIPMENT REQUIRED. The automatic tabulating equipment used for counting ballots in an election shall be tested as provided by this subchapter. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1…

Sec. 127.092. TESTING AUTHORITIES. (a) The general custodian of election records and the testing board for the public test of logic and accuracy conducted under Section 129.023 shall prepare and conduct the first test of automatic tabulating equipment used at a central counting s…

Sec. 127.093. TIMES FOR CONDUCTING TEST. (a) The automatic tabulating equipment used in a central counting station shall be tested for each election as provided by this subchapter. (b) The first test of automatic tabulating equipment used in a central counting station and the tes…

Sec. 127.094. DESIGN OF TEST. (a) The test must be designed to determine whether the automatic tabulating equipment accurately counts ballots and otherwise functions properly. (b) A group of test ballots shall be counted with the equipment using the program prepared for processin…

Sec. 127.095. DETERMINING SUCCESS OF TEST. (a) A test is successful if a perfect count of the test ballots is obtained and the automatic tabulating equipment otherwise functions properly during the counting of the test ballots. (b) The testing authorities shall determine whether …

Sec. 127.096. CONDUCT OF FIRST TEST. (a) The general custodian of election records shall conduct the first test of automatic tabulating equipment used in a central counting station and the test of automatic tabulating equipment used at a polling place in conjunction with the test…

Sec. 127.097. CONDUCT OF SECOND TEST. (a) The automatic tabulating equipment may not be used to count ballots voted in the election until a test conducted under Section 127.093(c) is successful. (b) If the initial test is unsuccessful, the presiding judge shall prepare a written …

Sec. 127.098. CONDUCT OF THIRD TEST; VOID BALLOT COUNT. (a) If the initial test conducted under Section 127.093(d) is unsuccessful, the count of ballots voted in the election obtained with the automatic tabulating equipment is void. (b) If the initial test is successful, the auto…

Sec. 127.099. SECURITY OF TEST MATERIALS. (a) On completing the first test of automatic tabulating equipment used in a central counting station and the test of automatic tabulating equipment used at a polling place, the general custodian of election records shall place the test b…

Sec. 127.100. CUSTODY OF TEST MATERIALS. (a) The general custodian of election records is the custodian of the test materials following the completion of the first test of automatic tabulating equipment used in a central counting station and the test of automatic tabulating equip…

Sec. 127.121. PROGRAMMER FOR TABULATING EQUIPMENT. (a) If the automatic tabulating equipment to be used for counting ballots at a central counting station requires the preparation of a program, the authority responsible for having the ballot prepared for the election shall appoin…

Sec. 127.122. APPROVAL OF PROGRAM. If a person other than the tabulation supervisor is appointed as the programmer, the program shall be submitted to the tabulation supervisor for approval not later than the 10th day before the date the automatic tabulating equipment for which th…

Sec. 127.123. SECURITY OF PROGRAM. (a) The tabulation supervisor shall protect the program prepared for the automatic tabulating equipment installed at the central counting station from tampering and unauthorized use, as prescribed by the secretary of state. (b) After the automat…

Sec. 127.1231. SECURITY OF AUTOMATIC TABULATING EQUIPMENT. (a) Except as provided by Subsection (b), the general custodian of election records shall ensure that any computer terminals located outside the central counting station that are capable of accessing the automatic tabulat…

Sec. 127.1232. SECURITY OF VOTED BALLOTS. (a) The general custodian of election records shall post a licensed peace officer to ensure the security of ballot boxes containing voted ballots throughout the period of tabulation at the central counting station. (b) The general custodi…

Sec. 127.124. EARLY PROCESSING OF BALLOTS. (a) The authority adopting an electronic voting system for use in an election in which ballots are processed at a central counting station may provide by resolution, order, or other official action that processing the electronic system b…

Sec. 127.125. PREPARING BALLOTS FOR AUTOMATIC COUNTING. (a) The manager of a central counting station shall have the ballots prepared for automatic counting. (b) The manager shall have the ballots examined to detect any irregularly marked ballots and to determine whether the ball…

Sec. 127.126. DUPLICATING BALLOTS. (a) The manager of a central counting station may have ballots duplicated for automatic counting as provided by this section. (b) The valid portion of a partially invalid ballot may be duplicated on another ballot so that the valid portion can b…

Sec. 127.127. OPERATING EQUIPMENT AND HANDLING BALLOTS RESTRICTED. A person other than the tabulation supervisor and the assistants to the tabulation supervisor may not operate the automatic tabulating equipment or handle the ballots that are automatically counted from the time t…

Sec. 127.128. BALLOTS TABULATED BY PRECINCT. The automatically counted ballots shall be separately tabulated according to election precinct. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 127.129. CORRECTION OF RESULTS AFTER EQUIPMENT MALFUNCTION. The secretary of state shall prescribe procedures for correcting results after the discovery of an equipment malfunction that caused the results to be incorrect. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1…

Sec. 127.130. MANUAL COUNTING. (a) Electronic system ballots that are not to be counted automatically and the write-in votes not counted at the polling places shall be counted manually at the central counting station. (b) If the automatic counting of electronic system ballots bec…

Sec. 127.1301. CENTRALLY COUNTED OPTICAL SCAN BALLOTS. (a) In an election using centrally counted optical scan ballots, the undervotes and overvotes on those ballots shall be tallied, tabulated, and reported by race and by election precinct in the form and manner prescribed by th…

Sec. 127.1302. REQUIRED REPORT FOR OPTICAL SCANNERS. (a) In an election using centrally counted optical scan ballots, the presiding judge of the central counting station shall prepare a report regarding the total number of ballots scanned by each optical scanner from each data st…

Sec. 127.131. PREPARING RETURNS. Text of subsection prior to the amendments made by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 29, eff. September 1, 2025. Applies to elections ordered before the date the Secretary of State issues the report required by Acts 2025, 89th…

Sec. 127.1311. ANNOUNCING UNOFFICIAL RESULTS. (a) Except as provided by Subsection (b), unofficial election results shall be released as soon as they are available after the polls close. (b) The presiding judge of the central counting station, in cooperation with the county clerk…

Sec. 127.132. DISPOSITION OF BALLOTS, RETURNS, AND OTHER RECORDS. (a) The presiding judge of a central counting station shall distribute the voted ballots, election returns, and other election records from the counting station to the appropriate authorities. (b) The voted ballots…

Sec. 127.133. REQUIRED REPORT FROM CENTRAL ACCUMULATOR. (a) This section only applies to an election held on or after September 1, 2026. (b) An election system that uses a central accumulator must be capable of producing a report with the total number of votes received by each ca…

Sec. 127.151. APPLICABILITY OF SUBCHAPTER; PROCEDURES PRESCRIBED BY SECRETARY OF STATE. (a) This subchapter applies to the processing of election results in electronic voting systems that do not entail the counting of ballots at central locations established under Subchapter A. (…

Sec. 127.152. TEST OF TABULATING EQUIPMENT REQUIRED. (a) Each unit of automatic tabulating equipment shall be tested, using all applicable ballot formats, in accordance with the testing procedures prescribed by Subchapter D to the extent those procedures can be made applicable. (…

Sec. 127.153. TEST REPEATED IF EQUIPMENT MALFUNCTIONS. If the tabulating of ballots must be restarted because of an equipment or system malfunction or any other reason, the tests required by Section 127.152 shall be repeated. Added by Acts 1987, 70th Leg., ch. 484, Sec. 8, eff. S…