Title EL, Election Code

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…

Sec. 127.154. IDENTIFICATION NUMBERS REQUIRED FOR EQUIPMENT. (a) Each unit of automatic tabulating equipment must have a permanent identification number. Each part of that equipment that contains the ballot tabulation must also have a permanent identification number. (b) Each of …

Sec. 127.155. PRESIDING JUDGE TO SIGN TAPE. (a) The presiding judge shall sign any tape containing the ballot tabulation that is produced by the automatic tabulating equipment. (b) The presiding judge shall retain a copy of the tape. Added by Acts 1987, 70th Leg., ch. 484, Sec. 8…

Sec. 127.156. TABULATION AT CENTRAL COUNTING STATION IF DISCREPANCY EXISTS IN BALLOT TOTALS. If a discrepancy of more than three exists between the number of ballots recorded on the ballot and seal certificate and the number of ballots cast on the tape containing the ballot tabul…

Sec. 127.157. PROCESSING IRREGULARLY MARKED BALLOTS. (a) This section applies only to a voting system that allows voters to deposit the ballots directly into a unit of automatic tabulating equipment. (b) While the polls are open or as soon as practicable after the polls close, th…

Sec. 127.201. HAND COUNT ELECTION AUDIT. (a) To ensure the accuracy of the tabulation of electronic voting system results, the general custodian of election records shall conduct a manual count of all the races in at least one percent of the election day polling locations and one…

Sec. 127.202. COUNT OF ELECTRONIC VOTING SYSTEM BALLOTS BY SECRETARY OF STATE. (a) To ensure the accuracy of the tabulation of electronic voting system results, the secretary of state or the secretary's designee may conduct a manual or automatic count of any portion of any number…

Sec. 127.301. APPLICABILITY OF SUBCHAPTER. This subchapter applies to an election: (1) that occurs after August 31, 2026; (2) that contains a race or measure that is voted on statewide; and (3) in which an auditable voting system described by Section 129.003(a) is used. Added by …

Sec. 127.302. RISK-LIMITING AUDIT. (a) The general custodian of election records shall participate in a risk-limiting audit for one or more selected statewide races or measures. The custodian shall begin the audit on a date prescribed by the secretary of state. (a-1) All counties…

Sec. 127.303. RULES. (a) The secretary of state shall adopt rules prescribing procedures necessary to implement this subchapter. (b) Rules adopted under this subchapter must include a rule, using widely accepted statistical methods, that provides for the number or percentage of p…

Sec. 127.304. PUBLICATION OF RESULTS. The results of a risk-limiting audit conducted under this subchapter must be published on the Internet website of the secretary of state not later than three days after the completion of the audit. Added by Acts 2021, 87th Leg., R.S., Ch. 573…

Sec. 127.305. PILOT PROGRAM. (a) Notwithstanding Section 127.301(1), the secretary of state shall conduct a pilot program, beginning with the election taking place November 8, 2022, of the risk-limiting audit program created under this subchapter. (b) The secretary of state shall…

Sec. 127.306. WAIVER NOT PERMITTED. The secretary of state may not waive any requirements of this subchapter. Added by Acts 2021, 87th Leg., R.S., Ch. 573 (S.B. 598), Sec. 1, eff. September 1, 2021. SUBCHAPTER J. RANDOMIZED AUDITS

Sec. 127.351. RANDOMIZED COUNTY AUDITS. (a) Immediately after the uniform election date in November of an even-numbered year, the secretary of state shall conduct an audit of the elections held on the uniform election date in four counties during the previous two years. (b) The s…

Sec. 128.001. COMPUTERIZED VOTING SYSTEM STANDARDS. (a) The secretary of state shall prescribe procedures to allow for the use of a computerized voting system. The procedures must provide for the use of a computerized voting system with: (1) multiple voting terminals for the inpu…

Sec. 129.001. APPLICABILITY. (a) This chapter applies only to a voting system that uses direct recording electronic voting machines. (b) To the extent possible, the procedures applicable to an electronic voting system under Chapter 127 are applicable to a voting system under this…

Sec. 129.002. GENERAL PROCEDURES. (a) Each direct recording electronic voting machine must provide the voter with a screen in summary format of the voter's choices for the voter to review before the vote is actually cast. (b) During the early voting period, the early voting clerk…

Sec. 129.003. PAPER AUDIT TRAIL REQUIRED. (a) In this section, "auditable voting system" means a voting system that: (1) uses, creates, or displays a paper record that may be read by the voter; and (2) is not capable of being connected to the Internet or any other computer networ…

Sec. 129.021. ACCEPTANCE TESTING. (a) In this section, "hash validation" means a mathematical function that, when applied to a file, creates a unique string of letters and numbers that may be used to confirm that a voting system and its source code have not been altered. (b) Imme…

Sec. 129.022. HARDWARE DIAGNOSTIC TEST. (a) The general custodian of election records shall conduct a successful hardware diagnostic test before a voting system is used in an election. (b) The hardware diagnostic test must ensure that each part of the system functions properly as…

Sec. 129.023. PUBLIC TEST OF LOGIC AND ACCURACY. (a) The general custodian of election records shall create a testing board consisting of at least two persons. The general custodian of election records shall make every reasonable effort to ensure that the testing board consists o…

Sec. 129.0231. TEST OF LOGIC AND ACCURACY FOR ELECTRONIC POLLBOOK SYSTEM. (a) Not later than 48 hours before voting begins in an election, the general custodian of election records shall conduct a test of logic and accuracy of the electronic pollbook system used in the election. …

Sec. 129.024. SECURITY OF TEST MATERIALS. (a) On completing each test, the general custodian of election records shall place the test materials in a container provided for that purpose and seal the container in a manner that prevents opening without breaking the seal. The general…

Sec. 129.051. PRE-ELECTION SECURITY PROCEDURE. (a) The general custodian of election records shall create and maintain an inventory of all electronic information storage media. (a-1) The inventory of electronic information storage media maintained under Subsection (a) must includ…

Sec. 129.052. TRANSPORT OF VOTING SYSTEM EQUIPMENT. (a) The general custodian of election records shall adopt procedures for securely storing and transporting voting system equipment. The procedures shall include provisions for locations outside the direct control of the general …

Sec. 129.053. ACCESS TO VOTING SYSTEM EQUIPMENT. The general custodian of election records shall secure access control keys or passwords to voting system equipment. Use of access control keys or passwords must be witnessed by one or more individuals authorized to use that informa…

Sec. 129.054. NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY. (a) A voting system may not be connected to any external communications network, including the Internet. Beginning September 1, 2026, a voting system may not be capable of being connected to any external or internal commu…

Sec. 129.055. EQUIPMENT AND SOFTWARE. The sole purpose of voting system equipment is the conduct of an election, and only software certified by the secretary of state and necessary for an election may be loaded on the equipment. Amended by: Acts 2009, 81st Leg., R.S., Ch. 682 (H.…

Sec. 129.056. PLAN FOR MACHINE FAILURE. The general custodian of election records shall create a contingency plan for addressing direct recording electronic voting machine failure. This plan must include the timely notification of the secretary of state. Amended by: Acts 2009, 81…

Sec. 129.057. USE OF MACHINE IN EARLY VOTING. A direct recording electronic voting machine deployed for early voting may not be deployed on election day. Amended by: Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009. Repealed by Acts 2025, 89th Leg.,…

Sec. 141.001. ELIGIBILITY REQUIREMENTS FOR PUBLIC OFFICE. (a) To be eligible to be a candidate for, or elected or appointed to, a public elective office in this state, a person must: (1) be a United States citizen; (2) be 18 years of age or older on the first day of the term to b…

Sec. 141.002. EFFECT OF BOUNDARY CHANGE ON RESIDENCE REQUIREMENT FOR PRECINCT OFFICE. (a) Instead of the six-month residence requirement prescribed by Section 141.001(a)(5), a candidate for or appointee to a precinct office must be a resident of the precinct on the date prescribe…

Sec. 141.003. AGE AND RESIDENCE REQUIREMENTS FOR HOME-RULE CITY OFFICE. (a) Different age and residence requirements from those prescribed by Section 141.001 may be prescribed by a home-rule city charter, but a minimum age may not be more than 21 years and a minimum length of res…

Sec. 141.004. EFFECT OF BOUNDARY CHANGE ON RESIDENCE REQUIREMENT FOR CITY OFFICE. In determining whether a person has complied with a residence requirement under Section 141.001 or 141.003 for a city office, residence in an area while the area was not part of the city is consider…

Sec. 141.031. GENERAL REQUIREMENTS FOR APPLICATION. (a) A candidate's application for a place on the ballot that is required by this code must: (1) be in writing; (2) be signed and sworn to before a person authorized to administer oaths in this state by the candidate and indicate…

Sec. 141.0311. ADDITIONAL REQUIREMENTS FOR APPLICATION FOR JUDICIAL OFFICE. (a) This section applies to candidates for the following judicial offices: (1) chief justice or justice of the supreme court; (2) presiding judge or judge of the court of criminal appeals; (3) chief justi…

Sec. 141.032. REVIEW OF APPLICATION; NOTICE TO CANDIDATE. (a) On the filing of an application for a place on the ballot, the authority with whom the application is filed shall review the application to determine whether it complies with the requirements as to form, content, and p…

Sec. 141.033. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED. (a) A candidate may not file applications for a place on the ballot for two or more offices that: (1) are not permitted by law to be held by the same person; and (2) are to be voted on at one or more elections…

Sec. 141.034. LIMITATION ON CHALLENGE OF APPLICATION. (a) An application for a place on the ballot may not be challenged for compliance with the applicable requirements as to form, content, and procedure after the 50th day before the date of the election for which the application…