CONDUCT OF VOTING WITH VOTING SYSTEM

Tex. ELEC Code ch. 125

in effect

Tex. ELEC Code § 125.001. ALLOCATION OF EQUIPMENT AMONG POLLING PLACES.

The authority responsible for allocating election supplies among the polling places for an election shall determine the number of voting machines or units of other voting system equipment to be installed at each polling place based on: (1) the number of votes cast at the polling place in previous, similar elections; (2) the number of registered voters eligible to vote at a polling place; (3) the number of units of equipment available; and (4) any other factors the authority determines are relevant.

Tex. ELEC Code § 125.002. PREPARATION OF EQUIPMENT FOR DELIVERY TO POLLING PLACE.

Before voting system equipment is delivered to a polling place for use in an election, the authority responsible for distributing the election supplies to the polling places shall have the equipment put in proper order for use as prescribed by the secretary of state.

Tex. ELEC Code § 125.003. DELIVERY OF EQUIPMENT TO POLLING PLACES.

The secretary of state shall prescribe procedures governing delivery of voting system equipment to polling places to protect the equipment from tampering and damage.

Tex. ELEC Code § 125.004. INSTALLATION OF EQUIPMENT AT POLLING PLACE.

(a) Voting system equipment shall be installed at the polling place so that a voter can operate the equipment without violating the secrecy of the ballot. (b) The secretary of state may prescribe procedures consistent with this chapter for installing voting system equipment at polling places to protect the equipment from tampering and damage and to facilitate its proper operation.

Tex. ELEC Code § 125.005. MAINTAINING SECURITY OF EQUIPMENT DURING VOTING.

(a) The presiding judge shall periodically have an election officer inspect the voting system equipment for tampering and damage while voting is in progress. (b) If any tampering or damage is discovered, the inspecting officer shall immediately stop use of the equipment and report to the presiding judge, who shall promptly take appropriate action.

Tex. ELEC Code § 125.006. MALFUNCTION OF EQUIPMENT AT POLLING PLACE.

(a) The presiding judge shall stop use of malfunctioning voting system equipment installed at a polling place immediately after discovering that the equipment is not functioning properly. (b) The presiding judge shall have the malfunctioning equipment promptly repaired or replaced if practicable. (c) If the presiding judge determines that the equipment cannot be promptly repaired or replaced and that voting cannot be continued by using only the remaining operational equipment without substantially interfering with the orderly conduct of the election, voting at that polling place may be conducted by one of the following methods in addition to, or instead of, using remaining operational equipment: (1) using another voting system that has been adopted for use in the election; (2) using regular paper ballots, whether early voting ballots or ballots for regular voting on election day; or (3) having voters manually mark the electronic system ballots that were furnished for use with the malfunctioning equipment and having the ballots processed as regular paper ballots.

Tex. ELEC Code § 125.007. ASSISTING VOTER.

If a voter who is voting with a voting machine is physically unable to operate the machine, the voter is entitled to assistance under the applicable provisions for assisting voters using regular paper ballots.

Tex. ELEC Code § 125.008. DEPOSITING THE BALLOT.

A voter shall deposit the marked voting system ballot in the ballot box in accordance with the instructions provided at the polling place.

Tex. ELEC Code § 125.009. TRAINING POLLING PLACE PERSONNEL.

The authority adopting a voting system shall provide the election officers serving the polling places at which the voting system is used with the instruction and training necessary for the proper operation of the voting system.

Tex. ELEC Code § 125.010. PRESENCE OF VOTING SYSTEM TECHNICIAN AUTHORIZED.

(a) In this section, "voting system technician" means a person who as a vocation repairs, assembles, maintains, or operates voting system equipment. (b) On the request of the authority holding the election, a voting system technician may be present at a polling place, a meeting of the early voting ballot board, or a central counting station for the purpose of repairing, assembling, maintaining, or operating voting system equipment. Added by Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970 ), Sec. 12, eff. September 1, 2009. SUBCHAPTER C. ELECTRONIC VOTING SYSTEMS

Tex. ELEC Code § 125.061. INSPECTING EQUIPMENT AT POLLING PLACE.

(a) Before opening a polling place for voting on election day, the presiding judge shall inspect any electronic voting system equipment installed at the polling place to determine whether it is installed and functioning properly. (b) The presiding judge shall take appropriate corrective action if the equipment is not installed or functioning properly. (c) Repealed by Acts 2005, 79th Leg., Ch. 1107, Sec. 2.21(1), eff. January 1, 2006.

Tex. ELEC Code § 125.062. ALTERNATIVE PROCEDURE TO ROTATING BALLOT BOXES.

The secretary of state may prescribe an alternative procedure to that of using two ballot boxes on a rotating basis at a polling place using an electronic voting system if the secretary determines that an alternative procedure is necessary for the efficient conduct of voting with the particular voting system.

Tex. ELEC Code § 125.063. SECURING EQUIPMENT ON CLOSE OF VOTING.

On the close of voting at each polling place at which electronic voting system equipment is used, an election officer shall secure or inactivate the equipment as prescribed by the secretary of state so that its unauthorized operation is prevented.

Tex. ELEC Code § 125.064. RECORDS AVAILABLE FOR PUBLIC INSPECTION.

Any documents or records used in the preparation of or prepared for use in an electronic voting system for the operation of the system for a particular election and any documents or records generated by the system in that election shall be made available for public inspection in the office of the general custodian of election records for the period for preserving the precinct election records. Added by Acts 1987, 70th Leg., ch. 484, Sec. 6, eff. Sept. 1, 1987.

Tex. ELEC Code § 125.0611. PROVIDING SEPARATE BALLOT PART FOR WRITE-IN VOTING.

(a) If an electronic system ballot includes a separate write-in part under Section 124.064 , that part shall be provided with the electronic system ballot. (b) A voter may not be required to request the separate write-in part as a condition to being provided that part. Added by Acts 1999, 76th Leg., ch. 1316, Sec. 2, eff. Sept. 1, 1999.

Tex. ELEC Code § 125.0635. POLLING PLACE REPORT FOR VOTING FOR CERTAIN ELECTRONIC VOTING SYSTEMS.

(a) This section only applies to a polling place that requires a voter's ballot to be scanned at the polling place with an optical scanner. (b) Immediately after closing the polling place at the end of the period for early voting by personal appearance and on election day, the presiding election judge shall generate a report from each optical scanner used at the polling place regarding the total number of ballots scanned by that scanner during the period for early voting by personal appearance or election day, as applicable. (c) A report produced under Subsection (b) at an early voting polling place may not include information on the number of votes received by a candidate or for or against any proposition. Added by Acts 2025, 89th Leg., R.S., Ch. 1152 (S.B. 2217 ), Sec. 7, eff. September 1, 2025.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026