Texas Voter ID Response

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 1 of 22
UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
MARC VEASEY, et al.,
Plaintiffs,
v.
GREG ABBOTT, et al.,

Defendants.
CIVIL ACTION NO. 2:13-CV-00193
STATE DEFENDANTS RESPONSE TO THE UNITED STATES

MOTION TO ENFORCE INTERIM REMEDIAL ORDER AND
PRIVATE PLAINTIFFS MOTION FOR FURTHER RELIEF
Since the Court issued the Interim Remedial Order on August 10, the State
Defendants have been moving forward with a comprehensive voter education
campaign and training program for election officials and poll workers. The Secretary
of States office has spent countless hours over the last month updating content on its
homepage and the VoteTexas.gov website, designing online training modules for poll
workers, revising handbooks and guidance used by election officials, recording
television and radio commercials, creating digital and other advertisements, sending
the Secretary of State on a statewide tour to speak with various Texans, and
designing a far-reaching social media campaign to properly educate voters and
election officials regarding the voting procedures set forth in the Interim Remedial
Order.
With less than 60 days left before the November 2016 general election, the
motion to enforce filed by the United States and joined by the Private Plaintiffs seeks
to bring the States election machinery to a halt over the alleged omission of a single
1
word in its voter education and election official training materials. The Private
Plaintiffs separate motion argues, based on media reports of alleged statements by
state and local officials, that the Court should expand the interim remedy to allow
certain voters who have an SB 14 ID to execute a Reasonable Impediment
Declaration. But the States election materials and the quotations reported by the
media are entirely consistent with the Courts remedial order, and granting the
requested relief would only sow confusion at a critical time. The motions should be
denied accordingly.
The United States motion complains that the State Defendants did not insert
the word reasonably where the United States believes it should go. The States voter
education and training materials explain that a voter may be eligible to cast a regular
ballot using a Reasonable Impediment Declaration if the voter cannot obtain or is
unable to obtain an acceptable form of photo ID and has a reasonable impediment
or difficulty to obtaining such ID. While the United States relies on selected
statements in its motion to suggest that the State Defendants interpretation of the
Interim Remedial Order requires a voter to have a metaphysical impossibility to
obtaining an ID before the voter can cast a regular ballot, this argument ignores the
actual language in the States guidance. Indeed, a number of the States training
materials for election officials provide:
If the voter cannot obtain, and has a reasonable impediment or difficulty
to obtaining one of the above acceptable forms of photo identification, the
voter may also enclose a copy of one of the supporting forms of
identification listed below that establishes the voters identity along
with a signed statement of reasonable impediment or difficulty.
Exhibit A, Early Voting Ballot Board Handbook, at 8 (emphasis added); see also
Exhibit B, Election Inspectors Handbook, at 8 (Here is a list of the supporting forms
of ID that can be presented if the voter cannot obtain, and has a reasonable
impediment or difficulty to obtaining one of the forms of acceptable photo ID . . . .)
(emphasis added); Exhibit C, Poll Watchers Guide, at 3 (Here is a list of the
supporting forms of ID that can be presented if the voter cannot obtain, and has a
reasonable impediment or difficulty to obtaining one of the forms of acceptable photo
ID . . .) (emphasis added); Exhibit D, Qualifying Voters on Election Day, Handbook
for Election Judges and Clerks (Updated September 2016), at 13 (If the voter states
that they have not obtained an acceptable form of photo ID, the poll worker should ask
the voter if they have a reasonable impediment or difficulty to obtaining an acceptable
form of photo ID. If the voter has a reasonable impediment or difficulty to obtaining
an acceptable form of photo ID, the voter may show a supporting form of ID and
execute a Reasonable Impediment Declaration.) (emphasis added). 1
Additionally, the glossary of election terms for use by election officials (and available on the
Secretary of States homepage) defines the following terms, in relevant part, as follows:
1
Photo ID: To be presented when voting in person if the voter has obtained one (unless
the voter qualifies for a temporary exemption because the voter cannot access their
photo ID due to certain natural disasters). Acceptable forms of photo ID include a
Texas DPS-issued drivers license, a Texas DPS-issued personal identification card, a
U.S. Passport book or card, a Texas DPS-issued license to carry a handgun, a U.S.
military ID with photo, or a U.S. Citizenship Certificate or Certificate of
Naturalization with photo. With the exception of the U.S. citizenship documents, the
ID must be unexpired or expired less than 4 years.
Supporting form of ID: To be presented when executing a Reasonable Impediment
Declaration if the voter has not obtained an acceptable form of photo ID and the voter has a
reasonable impediment or difficulty to obtaining an acceptable form of photo ID. Acceptable
supporting forms of ID include a valid voter registration certificate, a certified birth certificate
(must be an original), a copy of or original current utility bill, a copy of or original bank
statement, a copy of or original government check, a copy of or original paycheck, or a copy of
Similarly, the States guidance posted on the VoteTexas.gov website instructs:

Voters who have not been able to obtain one of the forms of acceptable
photo identification listed below, and have a reasonable impediment or
difficulty to obtaining such identification, may present a supporting
form of identification and execute a Reasonable Impediment
Declaration, noting the voters reasonable impediment to obtaining an
acceptable form of photo identification . . . .
See Exhibit E, Register to Vote: Need ID? Procedures for Voting, available at
http://www.votetexas.gov/register-to-vote/need-id/ (emphasis added). The State
Defendants chose this languageand allowed Plaintiffs an opportunity to comment
on it before the Secretary of States interpretation of the new voting procedures was
made publicto provide clear instructions to voters and election officials that there
are two prerequisites to demonstrating eligibility to vote using a Reasonable
Impediment Declaration. Not having obtained a form of SB 14 ID is one of the
prerequisites and the existence of a reasonable impediment to obtaining such ID is
the other requirement. Any guidance issued by the State Defendants about these
prerequisites must incorporate both requirements to accurately educate voters and
election officials, and the State Defendants believe their language achieves that goal.2
or original government document with the voters name and an address (original required if it
contains a photograph).
Glossary of Election Terms, available at http://www.sos.state.tx.us/elections/laws/glossary.shtml
(emphasis added).
2 See also http://www.votetexas.gov/voting/who (If you have not been able to obtain one of the
seven (7) acceptable forms of photo identification because you have a reasonable impediment or
difficulty to obtaining one of these forms, show a supporting form of identification to the election official
and
execute
a
Reasonable
Impediment
Declaration.)
(emphasis
in
original);
http://www.votetexas.gov/faq/ (The provisional voting process involves an affidavit that (1) the voter
must complete stating the reasons he or she is qualified to vote; and (2) is used if the voters
registration cannot be verified by the polling place election officials OR does not present one of the
seven (7) acceptable forms of photo ID OR does not have a reasonable impediment or difficulty to
obtaining one of the seven (7) acceptable forms of photo ID. A voter does not have a reasonable
impediment or difficulty if either (1) there is no reasonable impediment or difficulty preventing the
The United States and Private Plaintiffs remain fixated on one portion of
language that appeared in a press release first issued by the Secretary of State on
August 10 (which is no longer on the website), and in a supplemental press release
issued on August 17. 3 While the headline of the August 17 press release provides
that [v]oters who cannot obtain one of the seven forms of approved photo ID have
additional options at the polls, the language in the press release makes clear that a
voter who has not been able to obtain one of the seven forms of approved ID can
provide a reason why at the polls and cast a regular ballot. See Press Release,
http://www.sos.state.tx.us/about/newsreleases/2016/081916.shtml (As provided by
court order, if a voter is not able to obtain one of the seven forms of approved photo ID,
the voter may vote by (1) signing a declaration at the polls explaining why the voter is
unable to obtain one of the seven forms of approved photo ID, and (2) providing one of
various forms of supporting documentation.) (emphasis added). This message is
entirely consistent with the Interim Remedial Order.
The United States and Private Plaintiffs motion to enforce is founded on an
unreasonable reading of the State Defendants already-issued guidance and does
nothing to advance voter education in Texas. Instead, it seeks to divert finite
resources away from prospectively educating voters and training election officials by
demanding modifications to language that is neither incorrect nor misleading, and
voter from obtaining one of the acceptable forms of photo ID, regardless of whether the voter presents
one of the forms of supporting identification to the polling place, or (2) there is such a reasonable
impediment or difficulty, but the voter fails to present one of the forms of supporting identification at
the polling place.).
3 The heading of the press release also appears in a scrolling banner on the VoteTexas.gov
homepage. See http://www.votetexas.gov/.
which will only result in confusion to voters. For these reasons, the State Defendants
respectfully request that the Court deny the motions to enforce.
A. The State Defendants Language Provides Accurate Guidance
Regarding The Use Of The Reasonable Impediment Declaration.
The State Defendants chose to use the cannot obtain or unable to obtain
language in the guidance because it is consistent with the language used in the
Interim Remedial Order. See, e.g., Interim Remedial Order (ECF No. 895) at 2 (The
reasonableness of a voters impediment to obtain SB 14 ID shall not be questioned by
election officials.), 3 (Defendants shall continue to educate voters in subsequent
elections concerning both voter identification requirements and the opportunity for
voters who do not possess SB 14 ID and cannot reasonably obtain it to cast a regular
ballot.). The Reasonable Impediment Declaration makes clear that a person must
affirm that he faces a reasonable impediment or difficulty that prevents [him] from
getting an acceptable form of photo identification. See id.
There is nothing substantively different between the language the State
Defendants have used in the guidance and that which the United States now
proposes.
State Defendants Language: If a voter cannot obtain an acceptable form of

photo ID, and the voter has a reasonable impediment or difficulty to obtaining
such ID, the voter may still cast a regular ballot by presenting a supporting
form of ID and executing a Reasonable Impediment Declaration.
United States Proposed Language: If a voter does not possess and cannot
reasonably obtain an acceptable form of photo ID, and the voter has a
reasonable impediment or difficulty to obtaining such ID, the voter may still
cast a regular ballot by presenting a supporting form of ID and executing a
Reasonable Impediment Declaration.
The purpose of the Interim Remedial Order is to accommodate voters who are unable
to obtain a form of SB 14-compliant ID due to a legitimate impediment, such as a
financial barrier to obtaining an acceptable photo ID. The States guidance achieves
that goal by accurately explaining the procedures and eligibility for executing a
Reasonable Impediment Declaration. That the wording of the guidance differs
slightly from the exact language in some parts of the Courts order does not mean
that the State Defendants are failing to comply with the order. Nothing in the motion
to enforce demonstrates otherwise.
The United States and Private Plaintiffs contend that using unable to obtain
or cannot obtain restricts the class of individuals who can utilize the Reasonable
Impediment Declaration. But they only reach this conclusion by taking the most
unnatural reading of the States guidance, and by reading the phrases cannot obtain
or unable to obtain in a vacuum. For instance, the United States focuses on the first
part of the Register to Vote: Need ID? Procedures for Voting page, where the State
explains that [v]oters who have not be been able to obtain one of the forms of
acceptable photo identification listed below can utilize the reasonable impediment
declaration, but their concerns are addressed in the second part of the sentence
(underlined below), which means exactly what they want it to say:
Voters who have not been able to obtain one of the forms of acceptable
photo identification listed below and have a reasonable impediment or
difficulty to obtaining such identification, may present a supporting
form of identification and execute a Reasonable Impediment
Declaration, noting the voters reasonable impediment to obtaining an
acceptable form of photo identification, and stating that the voter is the
same person on the presented supporting form of identification.
See Exhibit E, Register to Vote: Need ID? Procedures for Voting, available at
http://www.votetexas.gov/register-to-vote/need-id/ (emphasis added).
The United States and Private Plaintiffs consistently ignore that the State
Defendants reference reasonableness throughout the guidance to voters and election
officials. The Qualifying Voters Handbook, which has been distributed to election
officials, explains that there are two questions asked to every voter: (1) have you
obtained an acceptable photo ID and (2) if the voter says no, do you have a
reasonable impediment or difficulty to obtaining one. See Exhibit D, Qualifying
Voters Handbook, at 22 (emphasis added); see also Exhibit F, Providing Identification
for
Voting
in
Texas
PowerPoint,
at
2-12,
available
at
http://www.sos.texas.gov/elections/forms/id/acceptable-forms-of-ID.pdf.
The United States and Private Plaintiffs express concern that individuals who
have lost their ID or had it stolen may think they do not fall into the cannot obtain
category and then assume they cannot cast a regular ballot using a Reasonable
Impediment Declaration. First, as noted above, voters who have lost their ID or had
it stolen may in fact qualify as being unable to obtain an ID, but those voters still
must have a reasonable impediment or difficulty to obtaining a replacement ID.
Numerous references in the State Defendants guidance to unable to obtain follow
with instructions to, or a reference to, completing the declaration and/or having a
reasonable impediment or difficulty, which reflects all of the qualifications required
to complete the Reasonable Impediment Declaration. The Qualifying Voters
Handbook specifically states that a voter with a lost, stolen, suspended, or expired
more than four years, form of photo ID listed above could be considered to have not
obtained one of the acceptable forms of photo ID for purposes of being eligible to
execute a Reasonable Impediment Declaration. See Exhibit D, Qualifying Voters
Handbook, at 22; see also Exhibit G, Election Advisory No. 2016-17, dated Aug. 26,
2016, available at http://www.sos.texas.gov/elections/laws/advisory2016-17.shtml
(explaining a voter with a lost or stolen form of photo ID could be considered to have
not obtained one of the acceptable forms of photo ID for purposes of being eligible to
execute a Reasonable Impediment Declaration). As is made clear in the handbook,
the next question to the voter would be do you have a reasonable impediment or
difficulty to obtaining an acceptable form of photo ID? The Register to Vote: Need
ID? Procedures for Voting section on the VoteTexas.gov website also includes a
reference to lost or stolen ID. See Exhibit D, Qualifying Voters Handbook at 22. The
instructions the State Defendants have used in the guidance are intended to be easy
for voters and election officialsmost of whom are not election lawyersto
understand. Significantly, a community newspaper directed to Houstons AfricanAmerican community has publicly described the States guidance as being helpful to
voters who are confused on the photo ID requirements. See Exhibit Q, Twitter
Communication from Defender Network, dated Sept. 10, 2016. Adding the word
reasonably into the current guidance would unnecessarily complicate the message
regarding the Reasonable Impediment Declaration because that term invites
ambiguity and questions regarding its meaning.
The State Defendants object to the suggestion that any guidance disseminated
to voters and election officials must contain a reference to do not possess. At no time
has the Court or any of the parties intended the Reasonable Impediment Declaration
to be a convenience document, and the State Defendants have refrained from using
language to suggest that is true in any of its voter education materials. Indeed,
suggesting that voters who do not have or do not possess a form of SB 14 ID can
execute a Reasonable Impediment Declaration may cause confusionas evidenced by
a reasonable impediment declaration executed in Denton County in a tax ratification
election held on August 27, 2016. See Exhibit H, Executed Reasonable Impediment
Declaration (redacted declaration executed by individual who states the reasonable
impediment is that [she] forgot her wallet). 4 The State Defendants believe that their
current language provides accurate information to voters and election officials about
the purpose of the Reasonable Impediment Declaration and the proper documents a
voter needs to bring to the polls in order to vote.
Finally, by using the cannot obtain or unable to obtain language in its
guidance, the State Defendants in the instant dispute are not attempting to resurrect
an argument the Fifth Circuit rejected. The State Defendants argued on appeal that
SB 14 did not violate Section 2 because the Plaintiffs failed to identify individuals
who faced a substantial obstacle to voting because of the voter identification
requirement, but this argument is completely unrelated to the instant dispute
While this document might otherwise be subject to release if a request for information under
Chapter 552 of the Texas Government Code, the identity of the particular voter is not relevant for
purposes of this response, and, accordingly, the voters name has been redacted from the declaration.
4
10
between the parties. The Interim Remedial Order provides a means for individuals
who arrive at the polls to cast a regular ballot if they can demonstrate a reasonable
impediment or difficulty to obtaining SB 14-compliant ID. Individuals who have an
acceptable form of ID but left it at homeor who choose not to show it, even if they
have oneare not the intended beneficiaries of the Courts order.
B. Requiring The State Defendants To Make Unnecessary
Modifications To The Guidance Will Result In Less Effective Voter
Education And Will Lead To Voter Confusion.
As part of the meet and confer process, the State agreed to provide the United
States and Private Plaintiffs with a 24-hour advance preview of certain updates to
the VoteTexas.Gov website and election official training materials. On August 11,
the State Defendants sent the United States and Private Plaintiffs a draft of the
updated Register to Vote: Need ID? Voting Procedures webpage. Exhibit I, Email
from A. Colmenero to E. Rosenberg, dated Aug. 11, 2016. The State Defendants
informed the Plaintiffs that they were providing this particular document to them
prior to it being made public because the revised language contained therein would
form the baseline for all future updates to the websites, training handbooks, and
media materials used throughout the States voter education campaign. The language
that the United States and Private Plaintiffs now complain about was sent to them
on August 11, and they were provided with an opportunity to propose changes by
August 12 when the revisions were scheduled to go live on the VoteTexas.gov website.
The State Defendants did not receive any revisions from the United States, and the
revisions proposed by the Private Plaintiffs did not identify the cannot obtain
11
language as problematic. 5 Instead, the changes proposed by the Private Plaintiffs

incorporated the very language they now complain about. See Exhibit J, Email from
J. Clark to A. Colmenero, dated Aug. 12, 2016 (see attachment labeled as Exhibit J1). While the Private Plaintiffs did object to specific language in a press release issued
by the Secretary of State, they never raised an objection to the States inclusion of the
same language in the webpage content. See id. The State Defendants immediately
informed Private Plaintiffs that they were not inclined to make changes to the press
release given that the content was consistent with the Interim Remedial Order.
Exhibit K, Email from A. Colmenero to J. Clark, dated Aug. 12, 2016.
It was not until several days after the Register to Vote: Need ID? Voting
Procedures webpage was updated and after the State Defendants had moved forward
with updating other education materials that the Private Plaintiffsand not the
United Statesfirst raised concerns about the use of cannot obtain on the website.
Exhibit L, Email from L. Aden to A. Colmenero, dated Aug. 17, 2016. The State
Defendants promptly informed the Private Plaintiffs that the State disagreed with
their position because a reference to not having an acceptable ID could suggest,
incorrectly, that a voter would be eligible for the Reasonable Impediment Declaration
if they had obtained an acceptable ID but did not have it in their physical possession
at the time of voting. Exhibit M, Email from A. Colmenero to L. Aden, dated Aug. 19,
The cannot obtain language to which the United States and Private Plaintiffs now object
only appears in two places on the Register to Vote: Need ID? Voting Procedures webpage. See, e.g.,
Exhibit E (language highlighted in yellow). Other than the headline of the press release, the cannot
obtain language never appears without an explanatory phrase stating that if a voter cannot obtain
an ID and has a reasonable impediment or difficulty to obtaining one of the forms of acceptable photo
ID, the voter may be eligible to execute a Reasonable Impediment Declaration. See id.
5
12
2016. It was not until August 29 that the United States expressed concerns about the
language in the guidance and suggested that the State Defendants consider using
different language than what had been proposed by the Private Plaintiffs. Exhibit R,
Email from D. Freeman to A. Colmenero, dated Aug. 29, 2016; Exhibit N, Email from
D. Freeman to A. Colmenero, dated Aug. 30, 2016. Specifically, the United States
proposed that the State Defendants should remove all references to cannot obtain
in the guidance and replace it with do not possess and cannot reasonably obtain an
approved photo ID. See Exhibit N, Email from D. Freeman to A. Colmenero, dated
Aug. 30, 2016.
While the parties debated whether the language in the guidance was
consistent with the Interim Remedial Order, the State Defendants continued to move
forward with the voter education campaign in order to stay on schedule. As of today,
the Secretary of State has revised the written training materials and distributed
those materials to election officials and poll workers in the States 254 countiesa
communication sent to over 4,800 recipients. Exhibit O, Email from K. Ingram to
County Election Officials, dated Sept. 2, 2016. Counties have reviewed these training
materials and have started creating their own guidance, relying on the very language
the United States and Private Plaintiffs argue should be changed. See Exhibit P,
Galveston County Voter ID Procedures. Polling location posters, which also contain
the unable to obtain phrase, have been distributed to the counties and are currently
displayed at various polling locations. 6 The Elections Division has issued advisories
The State Defendants also provided Plaintiffs with an advance preview of the Voter ID
informational poster, which is statutorily required to be displayed at polling locations. See Voter ID
6
13
to the counties regarding the new procedures set forth in the Interim Remedial Order
and has disseminated a detailed PowerPoint presentation explaining when a voter is
eligible to execute a Reasonable Impediment Declaration. 7 Similarly, forms for use in
ongoing elections have been posted to the Secretary of States main webpage and have
been distributed to over 4,800 election officials. 8 The Secretary of State has published
the digital toolkits to its website and has started distributing the toolkits to
community organizations and elected officials. To date, the toolkits have been
distributed to over 40 community organizations across the State, sent to
approximately 1,000 elected officials, and have been viewed over 100 times from the
Secretary of States website.
The Secretary of States media efforts are similarly well underway. The State
has completed recording and filming the television and radio commercials in English
and Spanish, and while the commercials are in the post-production phase, media
spots have been purchased and the content cannot be changed without significant
expense and further depletion of the finite voter education funds available for use.
The Secretary of State has purchased advertisement space in community newspapers
Poster, available at http://www.sos.state.tx.us/elections/forms/id/poster-8.5x14-aw-voter.pdf. Neither

the Private Plaintiffs nor the United States objected to the inclusion of the unable to obtain language
on the poster when it was sent to them on August 11 for comment. The same is true with the print
advertisement that went to print in certain newspapers beginning September 12. Plaintiffs were
provided with an opportunity to object to the language in the print advertisement, but never raised
any concerns with the unable to obtain language. See Exhibit I (email attaching draft advertisement
and seeking comments from Plaintiffs before it was finalized).
7 See Exhibit G, Election Advisory No. 2016-17, dated Aug. 26, 2016, available at
http://www.sos.texas.gov/elections/laws/advisory2016-17.shtml; Exhibit F, Providing Identification for
Voting in Texas PowerPoint (circulated to election officials on Aug. 18, 2016), available at
http://www.sos.texas.gov/elections/forms/id/acceptable-forms-of-ID.pdf.
8
See, e.g., Exhibit S, Emails from K. Ingram to Election Officials, dated Aug. 19, 2016
and Aug. 22, 2016; http://www.sos.state.tx.us/Elections/forms/pol-sub/index.shtml.
14
across the State, and the first print advertisement went to print on September 12. 9
All of these efforts contain references to unable to obtain or cannot obtain, but
none of the materials even come close to suggesting that a voter must establish it is
impossible to get an acceptable photo ID before executing the Reasonable Impediment
Declaration.
The State Defendants provide an update on their efforts because even if this
Court were to order the State Defendants to modify their language, it is too late to do
so for many of the initiatives outlined in the Voter Education Plan and Election
Official Training Program submitted on August 15. Modifying the language at this
point in the election cycle to make the unnecessary changes the United States and
Private Plaintiffs propose would result in different forms of guidance being given to
voters and election officials. Some materials would say [i]f a voter cannot reasonably
obtain an acceptable form of photo ID, and the voter has a reasonable impediment or
difficulty to obtaining such ID, the voter may still cast a regular ballot by presenting
a supporting form of ID and executing a Reasonable Impediment Declaration, while
other materials would have the same language but omit the word reasonably. Some
materials would use the do not possess an acceptable form of photo ID, while others
would continue to use cannot obtain an acceptable form of photo ID. This will no
doubt lead to confusion over the use of the Reasonable Impediment Declaration with
less than 60 days left before the November 2016 general election. The State
The print advertisement with the unable to obtain language went to print in four
publications directed to African-American communities as of September 12. The same print
advertisement will appear in publications directed to the elderly population in October, but the
deadline to make changes to the advertisement has already passed.
9
15
Defendants take their responsibility to properly educate voters regarding the new
voting procedures in the Interim Remedial Order seriously, and that it is why they
have dedicated substantial resources to this task since the Court entered its order.
To suggest that the State Defendants have acted with a nefarious intent to restrict
the use of the Reasonable Impediment Declaration to voters who would otherwise be
eligible to cast a regular ballot ignores the very language in the States guidance,
which is accurate and consistent with the Courts Interim Remedial Order and the
Fifth Circuits opinion.
C. The Alleged Statements By Texas Officials Are Not Inconsistent
With The Courts Interim Remedial Order.
The Private Plaintiffs complain that statements attributed to Texas officials
indicate that they will conduct criminal investigations of everyone who executes the
Declaration of Reasonable Impediment. Private Plaintiffs and Plaintiff-Intervenors
Motion for Further Relief to Enforce Interim Remedial Order (Private Plaintiffs
Motion) (ECF No. 926) at 1. According to the Private Plaintiffs, those statements
conflict with the Courts interim remedy and are intimidating to the very persons
that the Order is intended to protect. But the Private Plaintiffs identify no such
statements by Texas officials. And in any event, the alleged statements do not conflict
with the Courts order, nor would they intimidate the persons that the interim
remedy is intended to protect.
The Private Plaintiffs base their motion on the false premise that Texas
officials have stated that everyone who executes a reasonable-impediment
declaration will face criminal investigation. They refer to the Harris County Clerks
16
quoted statement that he will investigate everyone who signs that form, but there
is no such quoted statement. That language comes from a statement by a reporter for
the Houston Press, not a quotation attributed to Stan Stanart, the Harris County
Clerk. See Meagan Flynn, Harris County Clerk Will Vet Voters Who Claim to Lack
Photo ID, Houston Press, Aug. 26, 2016.
To the extent the Houston Press article purports to quote Mr. Stanart, his
statements are consistent with the Courts interim remedy and the terms of the
Reasonable Impediment Declaration. The article quotes Mr. Stanart as making the
following statements:
If I suspect someone has fraudulently signed a form saying they dont
have that ID, then I think thats an issue, he said. You cant skip
around the photo ID requirement. Its an oath that people are signing.
Whether anything happens, thats up to the [Harris County District
Attorneys Office].
We will always lean to the benefit of the voterwe dont want people
to fall into a trap, Stanart said. But we do want people to understand,
if they have an existing photo ID, they must bring it.
Id.; cf. Private Plaintiffs Motion, Exhibit B (ECF No. 926-2) at 10 (People are signing
an oath. They are swearing they dont have an ID, he said. If they think they can
come in and vote without an ID when they have one sitting in their pocket, thats
going to be a problem.). Those statements do not indicate that election officials [will]
question or challenge voters concerning the voters lack of SB 14 ID and the voters
claimed impediment to obtaining SB 14 ID prior to allowing a voter to cast a regular
ballot with a reasonable impediment declaration. Interim Remedial Order (ECF No.
895) at 2; cf. Private Plaintiffs Motion at 7. Nor do they support the Private Plaintiffs
17
allegation of wholesale criminal investigation of individuals who execute

Reasonable Impediment Declarations.
The quoted statements merely confirm that voters who have SB 14 ID must
present it when voting in person. That is entirely consistent with the Interim
Remedial Order. After the Fifth Circuit issued its opinion, the Court entered an order
instructing the parties that any interim relief must provide that [a]ll persons who
have SB 14 ID or who have the means to get it in time for the November 8, 2016
election must display that ID in order to vote. Interim Remedial Order (ECF No.
895) at 1. And the Reasonable Impediment Declaration providesin language agreed
to by the partiesBy signing this declaration, I swear or affirm under penalty of
perjury that . . . I face a reasonable impediment or difficulty that prevents me from
getting an acceptable form of photo identification. Id. at 6. Nothing in the Interim
Remedial Order suggests that voters who have, or are able to obtain without
reasonable impediment or difficulty, a form of SB 14 ID may nevertheless execute a
Plaintiffs suggestion that the interim remedy incorporates a good faith
exception has no basis in the Courts order. The interim remedy applies to voters who
do not have an acceptable photo ID or the means to obtain one before the election.
That includes voters whose IDs have been lost or stolen, provided that they cannot
obtain a replacement ID without reasonable impediment or difficulty. But voters who
mistakenly believe that they lack an acceptable photo ID have not suffered any harm
as a result of SB 14, and they are not the intended beneficiaries of the reasonable-
18
impediment procedure. To inform voters that they may execute a Reasonable

Impediment Declaration even if they have a qualifying photo ID only creates
confusion. Unfortunately, certain individuals have done just that. See, e.g., Private
Plaintiffs Motion, Exhibit D (ECF No. 926-4) at 8 (It is highly recommended that
you use one of these IDs if you have the ID, but you are not required to do so, even if
you have one of the SB 14 IDs); id. at 9 ([E]lection judges cannot send you home to
get your ID just because you forgot it, in my opinion.). The Court should reject the
Private Plaintiffs requested relief, which would force the State to contribute to that
confusion.
Plaintiffs also complain that Attorney General Paxton failed to correct, at a
minimum, reporting that the Interim Remedial Order required a declaration of proof
of citizenship and proof of residency at the polling place. Private Plaintiffs Motion
at 2 n.3. The statement in question was technically incorrect, but the error is
immaterial because the Texas Election Code requires in-person voters to verify their
residence if that listed in the voter rolls is not current, and every voter in the country,
on the federally-prescribed mail in voter registration form, has to attest, under
penalty of perjury, to their citizenship, under federal and state law. See Tex. Elec.
Code 63.0011(a) (Before a voter may be accepted for voting, an election officer shall
ask the voter if the voters residence address on the precinct list of registered voters
is current and whether the voter has changed residence within the county.); id.
63.011(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
19
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 . . . .); id. 13.002(c)(3) (A registration application must include . . .
a statement that the applicant is a United States citizen . . . .); see also 52 U.S.C.
21083 ((A) In general. The mail voter registration form developed under section 6 of
the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4 [52 U.S.C. 20505])
shall include the following: (i) The question Are you a citizen of the United States of
America? and boxes for the applicant to check to indicate whether the applicant is or
is not a citizen of the United States.); 52 U.S.C. 20505(a) ((a) Form. (1) Each State
shall accept and use the mail voter registration application form prescribed by the
Federal Election Commission pursuant to section 9(a)(2) [52 U.S.C. 20508(a)(2)] for
the registration of voters in elections for Federal office. (2) In addition to accepting
and using the form described in paragraph (1), a State may develop and use a mail
voter registration form that meets all of the criteria stated in section 9(b) [52 U.S.C.
20508(b)] for the registration of voters in elections for Federal office . . .); 52 U.S.C.
20508 ((a) In general. The Election Assistance Commission -- (1) in consultation
with the chief election officers of the States, shall prescribe such regulations as are
necessary to carry out paragraphs (2) and (3); (2) in consultation with the chief
election officers of the States, shall develop a mail voter registration application form
for elections for Federal office; . . . (b) Contents of mail voter registration form. The
mail voter registration form developed under subsection (a)(2) . . . (2) shall include a
statement that-- (A) specifies each eligibility requirement (including citizenship);(B)
20
contains an attestation that the applicant meets each such requirement; and (C)
requires the signature of the applicant, under penalty of perjury; . . . .) (emphasis
added). A statement that voters must be citizens and residents of the State of Texas
cannot reasonably be interpreted as confusing or intimidating to voters, even if the
speaker happens to be wrong about the source of the requirements. Any effort to
correct that trivial error would create more confusion than the error itself.
CONCLUSION
The Court should deny the motions to enforce the Interim Remedial Order.
21
Date: September 12, 2016
Respectfully submitted.
KEN PAXTON
Attorney General of Texas
JEFFREY C. MATEER
First Assistant Attorney General
BRANTLEY STARR
Deputy First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
/s/ Angela V. Colmenero
ANGELA V. COLMENERO
Chief, General Litigation Division
MATTHEW H. FREDERICK
Deputy Solicitor General
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
Tel.: (512) 936-6407
Fax: (512) 474-2697
Counsel for Defendants
CERTIFICATE OF SERVICE
I hereby certify that on September 12, 2016, a true and correct copy of the
foregoing document was served via the Courts ECF system to all counsel of record.
/s/ Angela V. Colmenero
ANGELA V. COLMENERO
22
Case 2:13-cv-00193 Document 932-1 Filed in TXSD on 09/12/16 Page 1 of 35
EXHIBIT
A
EARLY VOTING BALLOT BOARD

Handbook for Election
Judges and Clerks
2016
(Updated September 2016)
FOR USE IN GENERAL, PRIMARY, AND

OTHER POLITICAL SUBDIVISION ELECTIONS
Issued by
The Office of the Texas Secretary of State, Elections Division
1-800-252-VOTE(8683) or (512) 463-5650
www.sos.state.tx.us
www.VoteTexas.gov
TABLE OF CONTENTS
CHAPTER 1 THE EARLY VOTING BALLOT BOARD CONVENES
SECTION A.
SECTION B.
SECTION C.
SECTION D.
Convening the Early Voting Ballot Board

Delivery Of Materials To The Board
Receipt For Delivery
Security Of Early Voting Ballots
CHAPTER 2 QUALIFYING BALLOTS VOTED BY MAIL OR VOTED USING MAIL

PROCEDURES
SECTION A.
SECTION B.
SECTION C.
SECTION D.
SECTION E.
Types Of Early Voting Ballot Applications

Valid Reasons For Voting Early By Mail
Qualifying Early Voting Ballots Voted By Mail
Accepted Ballots
Rejected Ballots
CHAPTER 3 COUNTING HAND-COUNTED PAPER BALLOTS

SECTION A.
SECTION B.
SECTION C.
SECTION D.
SECTION E.
SECTION F.
SECTION G.
Establishing The Counting Teams

Opening The Ballot Box Containing Hand-Counted Paper Ballots
Rules Governing The Counting Procedure
The Counting Procedure
Rules For Counting Manually-Cast Or Hand-Counted Optical Scan Ballots
Handling The Election Returns For Paper Ballots
Reporting Early Votes
CHAPTER 4 EXAMINING, PREPARING, AND COUNTING VOTED OPTICAL

SCAN BALLOTS
1
1
3
4
4
6
6
6
7
11
12
13
13
13
14
14
15
22
25
26
SECTION A. Processing Ballots Counted At Central Counting Station

SECTION B. Delivery Of Ballot Box
26
26
CHAPTER 5 RECONVENING EARLY VOTING BALLOT BOARD
27
SECTION A. Establishing The Early Voting Ballot Board To Review Provisional Ballots
SECTION B. Reconvening For Qualifying Late Early Ballots By Mail
Note: All references to primary elections are italicized.
27
31
CHAPTER 1
THE EARLY VOTING BALLOT BOARD CONVENES
SECTION A. CONVENING THE EARLY VOTING BALLOT BOARD
1. The Early Voting Ballot Board (the Board) generally meets twice during an election. First, the Board meets
to qualify ballots by mail on election day or after the last day to vote early by personal appearance. Second, the
Board meets after election day to review any provisional ballots and to qualify any mail-in ballots received by
the 5th day after the election from voters casting a ballot from outside the country.
2. Convening the Board on election day or after early voting by personal appearance ends.
Except as provided below, the Board may meet to qualify and accept ballots at any time after the end of the
early voting by personal appearance, but may not count votes until the polls open on election day. [Secs.
87.024-87.0241]
NOTES:
In elections conducted by a county with a population of 100,000 or more and elections held jointly with
such a county, the Board may meet to qualify and accept voted mail ballots beginning the end of the 9th day
before the last day of the period of early voting. NEW LAW: Senate Bill 383, (84th Legislature).
At the direction of the presiding judge of the central counting station, the Board may deliver electronic early
voting ballots to the central counting station for early counting after the end of the early voting period, but
in no event may early voting results be released until the close of polls on election day. [Sec. 87.0241].
3. Signature verification committee [Sec. 87.027]

a. If a signature verification committee is appointed, the early voting clerk delivers jacket envelopes to the
committee instead of the Board.
(1) May deliver only during hours of operation of the committee.
(2) Times of delivery must be scheduled in advance.
(3) Notice of time of delivery must be posted continuously for two days before delivery.
(4) Committee may also request other documentation with the voters signature from the voter registrar.
(5) Committee may also request voter registration applications for purposes of comparison to determine
if the signatures are those of the same person. Voter registration applications may be used to
confirm that the signatures are those of the same person but may not be used to determine that the
signatures are not those of the same person.
Note: When there is no signature verification committee, the Board is not limited to the voter
registration application to confirm signatures. The Board may compare signatures with any two or more
signatures of the voter made within the preceding six years and on file with the voter registrar.
However, the Board is still prohibited from using the additional signatures to determine the signatures
are not from the same person. [Sec. 87.041(c)]

b. Function of committee.
(1) Compares signatures on applications and corresponding carrier envelopes only to determine that the
signatures on these documents are of the same person. [Sec. 87.027(i)]. The signature verification
committee may use electronic copies of the mail ballot application and carrier envelope certificate
for comparing signatures.
(2) Places carrier envelopes and applications that are the signatures of the same person in one container
and those that are not of the same person in another separate container.
(3) Committee chair delivers sorted materials to the Board as directed by the presiding judge of the
Board.
(4) If the signature verification committee has decided that the signatures are from the same person, the
Board may not make a different determination. If the signature verification committee has decided
that the signatures are not from the same person, the Board may make a determination that the
signatures are of the same person by a majority vote of the Board. [Sec. 87.027(j)]
(5) A determination that signatures are not from the same person must be made by a majority vote of the
committee or subcommittee as applicable. If the early voting clerk has designated subcommittees
within the signature verification committee, the subcommittee makes its signature determinations by
a majority vote of the subcommittee members. [Sec. 87.027(l)]
(6) The Board makes a determination if the signature verification committee cannot determine whether
the signatures are made by the same person.
4. Convening the Board after election day.
a. The Board cannot convene until the 6th calendar day after an election because voters who failed to submit
an acceptable form of photo identification and did not have a reasonable impediment or difficulty to doing
so (including if the voter did not provide a form of supporting documentation in connection with a
reasonable impediment declaration) at the polling place have 6 calendar days to: (1) present to the voter
registrar an acceptable form of photo identification, (2) complete one of the curing affidavits (consistent
religious objection to photographs or identification destroyed or inability to access acceptable photo
identification due to declared natural disaster), or (3) apply for and receive a disability exemption, where
applicable.
b. In an election held on the date of the general election for state and county officers, the Board must convene
no later than the 13th day after the date of the election to count provisional ballots.
c. In all other elections held on dates other than the date of the general election for state and county officers,
the Board must convene no later than the 9th day to complete the review of provisional ballots. NEW
LAW: Senate Bill 1703, (84th Legislature).
d. The Board shall convene on the 9th day after election day or earlier if the early voting clerk certifies that all
ballots from outside of the U.S. have been received and all provisional ballots have been processed by the
voter registrar. [Sec. 87.125] If this date falls on a Saturday, Sunday, or legal state or national holiday, the
Board convenes on the next regular business day. [Sec. 87.125(c)]. NEW LAW: Senate Bill 1703, (84th
Legislature).
e. For Primary and Primary Runoff Elections-not earlier than 6 p.m. on the second Tuesday or later than 1
p.m. on the second Friday after election day at the hour specified by the county chair.
NOTE: From time to time, the office of the Secretary of State will amend this time period by administrative
rule. See T.A.C. Sec. 81.33.
2

SEE CHAPTER 5 FOR RECONVENING OF BALLOT BOARD FOR THE PROCESSING AND
COUNTING OF PROVISIONAL AND OVERSEAS LATE BALLOTS.
SECTION B. DELIVERY OF MATERIALS TO THE BOARD
1. The board should obtain from the authority conducting the election a package of supplies, including the
following forms:
a. Oath of Election Judges and Clerks; [Sec. 62.003]
"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. Poll List of Early Voting by Mail Voters or Voters Voting by Mail Procedure; [Sec. 87.021]
c. List of Early Voting Provisional Voters; [T.A.C. Sec. 81.172 81.174]
d. List of Provisional Voters Who Presented Proper Identification to Voter Registrar; [Sec. 65.0541]
e. Envelope for Rejected Early Voting Ballots; [Sec. 87.043]
f.
Tally Sheets; [Sec. 65.004]
g. Return Sheets; [Sec. 65.014]

h. Envelopes for distribution of returns and election records; [Sec. 66.003]
i.
Statement of Compensation; [Sec. 32.094]
j.
List of ID Voters; and
k. Notice of Delivery of Ballots Voted by Mail (if delivered prior to the opening of the polls.
2. The early voting clerk delivers to the board:
a. Each ballot box containing ballots voted by personal appearance;
b. List of Declared Write-In Candidates (if applicable);
c. The early voting clerk's key to each ballot box;
d.
The jacket envelopes containing ballots voted by mail and the corresponding applications;
e.
The list of registered voters, containing voters permanent and mailing addresses of record, used in
conducting early voting;
f.
Notice of rejection of Early Voted Ballots (to be completed by Judge of Ballot Board);
g. The ballot transmittal form for early voted ballots;

h. Receipt for each ballot box, to be completed when box received; and
i.
Container to place ballot envelopes containing a voted ballot, if ballots are to be counted electronically at
the central counting station.
3. The custodian of the key to the second lock on the ballot boxes containing ballots voted by personal
appearance must deliver his or her key to the presiding officer of the early voting ballot board at his or her
request if the Board will be hand counting personal appearance ballots. [Sec. 87.025]
4. If ballots will be counted electronically at the central counting station, then:
The key and the unopened ballot box should be delivered to the central counting station at the direction
of the presiding judge of the central counting station, since the law prohibits the ballot board judge
3

from opening the early voting by personal appearance ballot boxes containing ballots that are to be
counted by automatic tabulating equipment at a central counting station. [Sec. 87.101]
If accessible voting equipment (such as direct record electronic equipment (DREs)) or precinct count
optical scan equipment was used for early voting, the ballot board should not process the early voting
by personal appearance ballot boxes or voting machines.
5. The custodian of the key is:

--
for county elections, the county sheriff, unless the sheriff is on the ballot, in which case the key is
kept by the county judge. If both the sheriff and the county judge are on the ballot, the key is kept
by the county auditor, or if there is no county auditor, by a member of the commissioners court,
named by the court, who is not on the ballot.
--
for city elections, the chief of police or city marshal.
--
for elections of other political subdivisions, the constable of the justice precinct in which the office
of the political subdivision's governing body is located, or if there is no constable in that precinct,
the sheriff. [Sec. 66.060(a)]
6. Notice of each delivery to be made prior to the time the polls open on election day must be posted at the
main early voting polling place for at least 24 hours immediately preceding the delivery. [Secs. 87.023(b),
87.024(b)]
7. In the general election for state and county officers, if ballots are to be delivered before election day, the
early voting clerk must notify the county chair of each political party with a nominee on the ballot at least
24 hours before the first delivery is made. [Secs. 87.023(c), 87.024(c)]
SECTION C. RECEIPT FOR DELIVERY
1. Upon delivery of a sealed early voting ballot box, the presiding judge of the early voting ballot board must
inspect the box to determine whether the seals on the box are intact, and whether the numbers on the seals
correspond to the numbers indicated on the record of serial numbers prepared by the early voting clerk.
[Secs. 87.062(b), 127.068]
2. If the seals are intact and the numbers match, the presiding judge should accept the ballot box and so
indicate on the receipt.
3. If the seals are not intact or the numbers do not match, the presiding judge should accept the ballot box, but
note any discrepancies on the receipt and in his or her records.
NOTE:
Certain types of transfer cases used with certain electronic voting systems do not have an
ordinary slot for the ballots; rather, the opening is covered by a sliding panel that can be locked.
In these cases, the Secretary of State's office recommends adapting the rule for the daily
numbered paper seals, by using an additional numbered wire hasp seal, whose number is
recorded each day.
SECTION D. SECURITY OF EARLY VOTING BALLOTS

1. The voted early voting ballots must be secured from the last day of voting by personal appearance at a polling
place until the day the ballots are counted. [T.A.C. Sec. 81.34]
a. If the early voting ballot board convenes before election day, the presiding judge shall, upon each
adjournment of the board, lock and seal each ballot box prior to delivering the boxes back to the custodian
of records. The judge shall complete a ballot box security form indicating each serial number used to seal
each box. The form shall be signed by the judge and another early voting ballot board member who has
witnessed the procedure. In a general election for state and county officers, the early voting ballot board
4

member must be from a different political party than the judge. The custodian of records shall also sign the
form.
NOTE: For political subdivisions using electronic ballots tabulated at a central counting station, ballot
box(es) containing early voting ballots cast in person are not opened until the box(es) are delivered to the
central counting stations presiding judge. [Sec. 127.066]
b. The presiding judge shall deliver the key(s) used to lock the ballot box(es) to the custodian. The key
shall be retained by the authority designated in accordance with Section 66.060(a) of the Code:
(1)
the sheriff for an election ordered by the governor or county authority or a primary election, except
that in a year when the office of sheriff is on the ballot, the key shall be delivered to the county judge.
When both these offices are on the ballot, 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 an 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 is located, or if the
office of constable is vacant, the sheriff of the county in which the political subdivision is located if
the election is ordered by an authority of a political subdivision other than a city or county.
c. Upon reconvening the ballot board, the presiding judge shall ensure that each ballot box is intact. The
presiding judge shall follow these procedures each day except upon final delivery to the custodian of
records or delivery to the central counting station.
d. If it is impracticable for the ballot board judge to deliver the ballot boxes each day upon adjournment, the
authority conducting the election shall submit an alternate security procedure to the Secretary of State for
approval.
CHAPTER 2
QUALIFYING BALLOTS VOTED BY MAIL OR VOTED USING MAIL PROCEDURES
SECTION A. TYPES OF EARLY VOTING BALLOT APPLICATIONS
The early voting ballot board may encounter several types of applications for early voting ballots. They include:
1.
The Application for Ballot by Mail prescribed by the Secretary of State. [Secs. 84.001(a), 84.011]
2.
An informal application for a ballot by mail, which is a written request by the applicant that is not made on
the official application form prescribed by the Secretary of State. This application must comply with the
statutory requirements for applying for a ballot by mail. [Sec. 84.001(c)]
3.
The Application for Limited Ballot prescribed by the Secretary of State. [Sec. 112.005]
4.
The Federal Post Card Application used by military and overseas citizen voters. [Sec. 101.003]
5.
The Application for Presidential Ballot prescribed by the Secretary of State (only applicable in elections
held in November of the presidential election year). [Sec. 113.003]
6.
The Application for Emergency Late Ballot Due to Sickness or Physical Disability prescribed by the
Secretary of State. [Sec. 102.002]
7.
The Application for Emergency Late Ballot Due to Death prescribed by the Secretary of State. [Sec.
103.002]
8.
The Affidavit for Voting at Main Early Voting Place on Election Day prescribed by the Secretary of
State for voting by disabled voters when electronic voting equipment is being used at the precinct polling
place. [Sec. 104.002]
SECTION B. VALID REASONS FOR VOTING EARLY BY MAIL

Only the following persons may vote early by mail:
1. Persons who are 65 years of age or older on election day. [Sec. 82.003]
2. Persons who have a sickness or physical condition that prevents them from appearing at the polling place on
election day without a likelihood of needing personal assistance or injuring their health. Expected or likely
confinement for childbirth on election day is sufficient cause to entitle a voter to vote early by mail on the
ground of disability. [Sec. 82.002]
3. Persons who are confined in jail at the time application must be either:
a. serving a misdemeanor sentence that ends on or after election day; or
b. pending trial or appeal after denial of bail or if release on bail is unlikely until after election day. [Sec.
82.004]
4. Persons who expect to be absent from the county on election day and during regular early voting hours for
that part of the period for early voting remaining after the application is made. [Sec. 82.001] If this reason
for voting early is checked, the address to which the ballot was mailed must be an address outside the
county. [Sec. 86.003(c)(1)]
5. Persons who are certified for participation in the address confidentiality program.
a. An application for ballot by mail submitted by a person eligible under Section 82.007 must include:
6

i.
ii.
iii.
b.
the name and address at which the person is registered to vote;

the substitute post office box designated by the attorney general for the persons use in place of
the true residential address; and
an indication for each election for which the person is applying for a ballot.
The information on an application for ballot by mail submitted by a voter related to the address at
which the voter is registered is confidential, except that it must be disclosed if requested by a law
enforcement agency or required under a court order.
SECTION C. QUALIFYING EARLY VOTING BALLOTS VOTED BY MAIL

1. Each jacket envelope will contain:
a.
an application for an early ballot to be voted by mail (or one of the other application procedures in
Section A above that uses mail procedures) [Secs. 86.011(b), (c)]; If FPCA was submitted, jacket
envelope must include a copy of the FPCA and the signature cover sheet.
b. the envelope in which the application was delivered to the early voting clerk, if applicable; and
c. the carrier envelope, which will contain:
-- a ballot envelope with the ballot inside; and
-- statements of residence, copy of identification, or other requested items, if applicable. [Sec. 86.002]
2. Remove the application and carrier envelope from the jacket envelope.
3. Check the voter's application to be sure that it states a legal ground for voting early by mail (See Section B
above). [Sec. 87.041(b)(3)]
4. If the reason for voting early by mail is absence from the county, the application must show an address
outside the county to which the ballot was mailed. [Sec. 87.041(b)(5)]
NOTE: If the application was submitted after the period for early voting by personal appearance began,
the application must show that the voter was absent from the county when the application was
submitted. A voter checking expected absence from county and providing an out of county address
on the official application is sufficient.
5. If the grounds for voting by mail is either being 65 or over, or disability, and the applicant has not provided
his or her official mailing address as shown on the list of registered voters as the address for mailing his or
her ballot, the address provided must be that of a hospital, nursing home, other long term care facility,
retirement center, or the address of a relative within the second degree of affinity or third degree of
consanguinity with whom the applicant is living. [Sec. 86.003(c)(3)]
6. If the reason for voting early by mail is confinement in jail, the address to which the balloting materials
must be addressed is that of the jail facility or a relative within the second degree of affinity or third degree
of consanguinity. [Sec. 86.003(c)(2)]
7. Check to make sure that the address to which the ballot was mailed is one of the following:
a.
the voters residence or mailing address indicated on the voters registration record;
b. the facility that the voter is residing at if the voter has indicated on his or her application to vote by mail
that the reason for voting is 65 years of age or older or disability and has provided a mailing address
that does not match the voters official residence or mailing address; the facility must be one of the
following:
(1)
hospital;
7
c.
(2)
nursing home or long-term care facility;
(3)
retirement center; or
(4)
relative that is related to the voter by 2nd degree of affinity (by marriage) or the 3rd degree of
consanguinity. Relatives include: parent, child, brother, sister, grandparent, grandchild, greatgrandchild, great-grandparent, uncle, aunt, nephew, niece, spouse, spouses parent, son-in-law,
daughter-in-law, brothers spouse, sisters spouse, spouses brother, spouses sister and spouses
grandparent.
the jail facility, if the reason for voting by mail is confinement in jail, or the address of a relative listed
in Section C. 7. b. above.
d. an address outside of the county, if the reason for voting by mail is expected absence from the county.
e.
the voters new address as provided on the enclosed statement of residence if the voter has moved
within the county but has failed to update his address with the county voter registrar and is having a
ballot mailed to a new residence address. [Secs. 84.002, 86.002, 86.003, 87.041]
8. Check the list of registered voters to ensure applicant is a registered voter. [Sec. 87.041(b)(4)]
Note: Due to various address confidentiality laws, some voters will not have a residential address next to
their name on the list of registered voters.
a.
If an S notation appears next to a voters name on the list of registered voters, or if the residence
address on the application for ballot by mail does not match the residence address on the list of
registered voters, the carrier envelope will be stamped STATEMENT ENCLOSED. The voters
ballot may NOT be accepted UNLESS a completed, signed Statement of Residence is included in the
carrier envelope. If a completed Statement of Residence is not enclosed, the ballot must be rejected.
[Sec. 87.041(b)(6)]
b. If an ID notation appears next to a voters name on the list of registered voters, the voters ballot may
NOT be accepted unless the voter encloses a copy of one of the acceptable forms of photo identification
listed below that establishes the voters identity:
(1) Texas Drivers License issued by the Department of Public Safety (DPS);
(2) Texas Election Identification Certificate issued by DPS;
(3) Texas Personal Identification Card issued by DPS;
(4) Texas Handgun License issued by DPS;
(5) United States Military Identification Card containing the persons photograph;
(6) United States Citizenship Certificate containing the persons photograph; or
(7) United States Passport
NOTE: With the exception of the U.S. citizenship certificate, the identification must be
current or have expired no more than 4 years before being presented for voter qualification at
the polling place.*
If the voter cannot obtain, and has a reasonable impediment or difficulty to obtaining one of the above
acceptable forms of photo identification, the voter may also enclose a copy of one of the supporting
forms of identification listed below that establishes the voters identity along with a signed statement of
reasonable impediment or difficulty (see Form 5-22a) to have the ballot accepted:
(1) Valid voter registration certificate;
(2) Certified birth certificate;
(3) Current utility bill;
8

(4)
(5)
(6)
(7)
Bank statement;
Government check;
A paycheck; or
Government document with the voters name and an address (examples of government
documents include, but are not limited to: drivers licenses from other states, ID cards issued
by federally recognized Native American tribes (if the ID card contains an address), DPS
Receipts (without a photo), expired voter registration certificates, and expired Texas DPSissued driver licenses or personal ID cards (over 4 years)).
NOTE: The address on either a supporting form of ID or an acceptable photo identification does
not need to match the address on the list of registered voters.
*If a voter does not have a valid form of photo identification, they may apply for a free election
identification certificate at their local Texas Department of Public Safety office. Reminder: If a
voter does not have an acceptable form of photo ID on election day, or does not have a reasonable
impediment or difficulty to obtaining an acceptable form of photo I.D., they may vote
provisionally.
Exemption: Voters with a disability may apply with the county voter registrar for a permanent
exemption. The application must contain written documentation from either the U.S. Social Security
Administration evidencing the applicants disability, or from the U.S. Department of Veterans Affairs
evidencing a disability rating of at least 50 percent. In addition, the applicant must state that he or she
has no valid form of photo identification. Those who obtain a disability exemption will be allowed to
vote by presenting a voter registration certificate reflecting the exemption.
Provisional Voting: If voters do not present (1) one of the acceptable forms of identification or (2) for
voters who have a reasonable impediment or difficulty to obtaining one of the acceptable forms of
identification, one of the supporting forms of identification and execute a Reasonable Impediment
Declaration, and the voters do not have a permanent disability exemption indicated on their voter
registration certificates, voters may cast a provisional ballot at the polls and will have six (6) calendar
days after election day to present an acceptable form of photo identification to the county voter registrar.
If applicable, voters who have a consistent religious objection to being photographed and voters who do
not present an acceptable form of photo identification as a result of certain natural disasters as declared
by the President of the United States or the Texas Governor, may vote a provisional ballot, and if they
appear at the voter registrars office within six (6) calendar days after election day and sign an affidavit
swearing to the religious objection or natural disaster, then their ballot will be counted.
c. An application from a voter who is accepted into the Address Confidentiality Program must also include
their substitute P.O. Box designated by the Attorney General and an indication for each election for which
the person is applying for a ballot.
d. Certain persons may vote even though they are not registered to vote in your county and their names do
not appear on your list of registered voters. They are:
(1) Persons applying on Federal Post Card Applications. The FPCA may be used by persons who are
registered voters of your county or who are not registered voters of your county since the federal
post card application acts as a temporary registration pending permanent voter registration status
(see note below). [Sec. 101.001]

(2) Persons applying for limited ballots. A person who moves from one county to another, and the
person is either still registered in the former county of residence or was registered in the former
county of residence when the person applied to register in the new county of residence. He or she
may vote in their new county of residence, on offices or propositions that are on the ballot in both
your county and the county of his or her former residence. [Sec. 112.002]
e. If the voter's name does not appear on the list of registered voters and he or she is not categorized in the
group of voters listed in "d" above, the presiding judge must refer to the registration correction list, if
provided, to see if the voters name appears on that form.
9.
Check to see that the certificate on the carrier envelope was properly executed. The certificate is the
statement the voter signs and may include portions filled out by assistants or witnesses. [Sec. 87.041(b)(1)]
10. Check the signatures of the applicant on the application and on the carrier envelope to confirm that both
signatures have been executed by the voter, unless either document was signed by a witness. [Sec.
87.041(b)(2)]
Section 87.041(e) provides that the Board may compare signatures with any two or more signatures of
the voter made within the preceding six years and on file with the voter registrar. These additional
signatures may be used to confirm that the signatures are those of the same person but may not be used
to determine that the signatures are not those of the same person.
11. If there is no signature on the carrier envelope (by voter or witness), the ballot must be rejected (see
Section E of this chapter for disposition of rejected ballots). [Sec. 87.041(d)]
-- EXCEPTIONS:
a. If the voter was unable to sign his or her name, the application and/or carrier envelope must each be
signed by a witness. Different people may have witnessed the voter's mark on the application and on
the carrier envelope. If the voter was unable to sign the application and/or carrier envelope himself or
herself and one or both were signed by witnesses, it is not necessary to compare the signatures. [Sec.
87.041(b)(2)]
b. If the voter applied for an early voting ballot on the Application for Late Emergency Ballot Due to
Death or the Affidavit for Voting at Early Voting Place on Election Day, the certificate on the carrier
envelope does not need to be signed by the applicant. The carrier envelope will have a notation "103"
or "104" written on it by the early voting clerk when the voter applies under these procedures. [Secs.
103.004(c), 104.004(c)]
NOTE:
A voters witnessed application or witnessed carrier envelope are not invalid merely
because there is no explanation of the voters inability to make his or her mark. A
ballot may not be rejected merely because the voter signed either the application or the
carrier envelope and the other document was witnessed.
12. If the voter applied for a ballot on the Application for Late Emergency Ballot Due to Sickness or Disability,
the name, address, and signature of the representative who delivered the application to the early voting clerk
must appear on the application and on the carrier envelope containing the voted ballot. The same
representative who submitted the voter's application must deliver the voter's ballot back to the early voting
clerk, and the same representative's name must appear on both the application and the carrier envelope.
[Secs. 102.002, 102.004(b), 102.006(a), (b)]
13. Applicants applying for a limited ballot or a presidential ballot must have two applications if voting this
procedure by mail (i.e., the application for early ballot by mail and the application for the "restricted"
ballot) enclosed in the jacket envelope. [Secs. 111.004, 112.005, 113.003]
10

SECTION D. ACCEPTED BALLOTS
1. If the applicant has met all the requirements discussed above, the ballot must be accepted for voting.
2. Open the carrier envelope without defacing the certificate on the carrier envelope and remove the ballot
envelope. [Sec. 87.042(a)]
a. A ballot is considered valid even if it is not enclosed in a ballot envelope; the voter simply loses his/her
secrecy of the votes cast. [Secs. 86.005(d), 87.042(d)]
b. If the front of the carrier envelope has "Statement Enclosed" stamped on it, check to see that the
statement of residence form is enclosed. If the applicant's name appears on the list of registered voters
with an "S" notation beside it, the applicant is required to complete the statement of residence prior to
voting. If the completed, signed statement is not enclosed, the ballot must be rejected. (See Section E
of this chapter for disposition of rejected early voting ballots.) [Sec. 87.041(d)]
NOTE: It is the position of the Office of the Secretary of State that the lack of a statement of residence
form included in the envelope of an FPCA voter does not result in a rejected ballot since the FPCA
would act as a temporary registration that would trump the residence address provided on any previous
registration applications already on file.
c. If the applicants name appears on the list of registered voters with an ID notation beside it, the
applicant is required to submit a copy of acceptable photo identification (or, if the voter has a
reasonable impediment or difficulty to obtaining an acceptable form of photo ID, the reasonable
impediment statement and an acceptable form of supporting documentation, along with their mail
ballot).
3. Place the unopened ballot envelope in a ballot box or other safe container. [Sec. 87.042(b)]
NOTE:
If a different method of voting was used for early voting by personal appearance than used for
voting by mail or, if ballots will be electronically tabulated at a central counting station, a
separate container must be used. [Sec. 87.042(c)]
4. Enter the voter's name on the poll list for early voters voting by mail or list for voters using other mail
procedures such as limited ballot. [Secs. 87.041(c); 102.008; 103.005, 104.006]
a. If the voter is an FPCA voter, place a check in the "FPCA" column on the poll list next to the voter's
name. [Sec. 101.004]
b. If the voter applied for a limited ballot, place a check in the column marked "Limited Ballot" on the
poll list next to the voter's name. [Sec. 111.008]
c. In presidential general elections, if the voter applied for a presidential ballot only, place a check in the
column marked "Pres. Ballot" on the poll list next to the voter's name. [Sec. 111.008]
d. If the voter is an overseas citizen voter eligible only for a federal ballot, place a check in the column
"Overseas Citizen" on the poll list next to the voter's name. (Only applicable in primary and general
elections for state and county officers since these voters are limited to federal offices only.) [Sec.
111.008]
5. Place the application for the early voting ballot and the envelope that was used to mail the application (if
applicable), the carrier envelope, and any accompanying papers back into the jacket envelope. (If the jacket
envelope is to be used in a subsequent election, the early voting clerk may provide another envelope to be
used in lieu of the jacket envelope.) Place any affidavits, statements of residence, and copies of
identification in Envelope No. 4 to be delivered to the Voter Registrar. [Sec. 87.044(a)]
11

6. At least 10 early voting ballots voted by mail must be qualified before the ballots may be counted. Ballots
may be removed for manual, hand counting at any time when there are at least 10 ballot envelopes
containing ballots that have been qualified in the ballot box (or other safe container). If ballots are to be
counted by electronic equipment, the ballot board judge must transmit the accepted by mail ballots to the
presiding judge of the central counting station in a locked and sealed ballot box or other container approved
by the Secretary of State.
SECTION E. REJECTED BALLOTS
1. If the application and carrier envelope do not meet the requirements discussed above, the ballot must be
rejected and may not be counted. [Sec. 87.041(d)]
2. Write the word "rejected" on the carrier envelope. [Sec. 87.041(d)]
3. Write the word "rejected" on the corresponding jacket envelope. [Sec. 87.041(d)]
4. Place the unopened carrier envelopes containing rejected ballots in the large envelope or container marked
"Rejected Early Voting Ballots." [Sec. 87.043(b)]
5. The "Rejected Early Voting Ballot" envelope must be sealed and signed by the presiding judge, and the date
and nature of the election must be written on the envelope. More than one envelope may be used if
necessary. Record the number of rejected ballots, which are placed in the envelope for rejected ballots.
[Secs. 87.043(a), (b)]
6. If the ballot was rejected after the carrier envelope was opened, the presiding judge should make a note on
the carrier envelope of the reason the carrier envelope was opened and then rejected.
7. Place the application, the envelope used to mail the application to the early voting clerk (if applicable), and
any accompanying papers or affidavits in the corresponding jacket envelope. (If the jacket envelope is to be
used in a subsequent election, the early voting clerk may provide another envelope to be used in lieu of the
jacket envelope.) [Sec. 87.044(a)]
NOTE:
The Early Voting Ballot Board judge must deliver written notice to the voter of the reason for the
rejection of his or her ballot no later than the 10th day after election day. [Sec. 87.0431]
12
CHAPTER 3
COUNTING HAND-COUNTED PAPER BALLOTS
SECTION A. ESTABLISHING THE COUNTING TEAMS
1. There may be more than one counting team to tally the early voting ballots. [Secs. 81.002, 65.001]
2. Each counting team must consist of two or more early voting ballot board members. [Secs. 81.002, 65.001]
a. One member will be designated the reader.
b. The reader may also keep a tally list.
c. If there are only two members on a team, one member will keep two tally lists, and the reader will keep
one tally list in addition to reading the ballots.
3. If there is more than one counting team, after all ballots have been counted, the votes for each candidate
and/or proposition must be added together with the tallies of the other counting teams, and the totals must
be placed on the return sheet.
4. A member of a counting team may not be replaced after the vote tallying is begun unless each existing
discrepancy among the three tally lists is corrected before the replacement is made. [Secs. 81.002,
65.006(a)]
5. If a counting member is replaced, he or she must certify the accuracy of the tally list as of the time he or she
was replaced. [Secs. 81.002, 65.006(b)]
SECTION B. OPENING THE BALLOT BOX CONTAINING HAND-COUNTED PAPER BALLOTS
NOTE: ELECTRONIC BALLOTS CAST IN PERSON ARE NOT TABULATED BY THE EARLY
VOTING BALLOT BOARD.
1. Open the double-locked ballot box containing the ballots voted by personal appearance. [Sec. 87.062]
NOTE:
The early voting clerk will deliver one key to the ballot box when he or she delivers the ballots.
The custodian of the second key will deliver the second key at the time specified by the early
voting ballot boards presiding judge. [Secs. 87.021(1), 87.025]
2.
After the presiding judge opens the ballot box, the judge shall remove any provisional ballots and verify the
number of provisional ballots in the ballot box, which is reflected on the Early Voting List of Provisional
Voters.
3.
The provisional ballots shall be prepared for delivery to the voter registrar and placed in a closed and
sealed box for delivery by the general custodian of election records to the voter registrar. [T.A.C. Sec.
81.174]
4.
All early voting ballots must be sorted by precinct before they are counted so that a separate total of early
voting votes cast in each precinct may be obtained. [Sec. 87.1231]
5. For political subdivisions using hand-counted paper ballots, early voting ballots cast by personal
appearance may be counted while the ballots cast by mail are being qualified if the early voting ballot board
consists of enough members.
6. When at least 10 early voting ballots cast by mail have been qualified and placed in the ballot box or other
container, the ballot envelopes may be removed from the box or container, opened, the ballots removed, the
ballot envelopes discarded, and the ballots counted. This process may be repeated any time there are at
least 10 ballot envelopes in the box or container. [Sec. 87.062(a)]
13

NOTE:
If there is more than one ballot in a ballot envelope, neither ballot may be counted. The
presiding judge must make notation on the back of each ballot of the reason the ballot was not
counted. These ballots are then placed with the voted ballots in the early voting ballot box.
[Sec. 65.010(a)(2)]
SECTION C. RULES GOVERNING THE COUNTING PROCEDURE

1. The ballots must be counted separately by precinct. [Sec. 87.1231]
2. Three original tally lists are required for each precinct. [Secs. 65.004, 87.1231] A separate page of the
same tally book may be used for each precinct's tally list. These tally lists should be completely filled out,
and include the following:
--
Names and offices of candidates; and/or
--
Propositions;
--
Date;
--
Precinct number;
--
Type of election;
--
Name of presiding judge; and
--
Signature of the person keeping the tally list.
3. Before the counting begins, the early voting Ballot Box should be inspected to ensure that it is empty. It
should then be locked and remain locked (except as authorized by the presiding judge), and within view of
the counting officials. [Sec. 65.003(c)]
4. No marks should be made on any ballot by an election official, except that if a ballot is not counted because
the judge determines it was not provided by the early voting clerk or because two or more ballots were
folded together, an election official must indicate on the back of the ballot the reason for not counting it.
[Sec. 65.010(c)]
SECTION D. THE COUNTING PROCEDURE
1. The reader must read and distinctly announce to the officials keeping the tally lists each name of a candidate
or proposition for which there is a vote. [Sec. 65.005(a)]
2. The intent of the voter in marking the ballot may be determined by:
a. a distinguishing mark adjacent to the name of a candidate or political party or voting choice associated
with a proposition;
b. 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;
c. a line drawn through;
(1) the names of all candidates in a manner that indicates a preference for the candidate not marked if
the names of the candidates not marked do not exceed the number of persons that may be elected to
that office;
(2) the name of each political party except one in a manner that clearly indicates a preference for the
political party not marked;
(3) 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
14

d. any other evidence that clearly indicates the intent of the voter in choosing a candidate or political party
or deciding on a proposition. [Sec. 65.009]
3. As each vote is read, a tally mark is made by the corresponding name or number on the tally lists. [Sec.
65.005(a)]
4. The tally lists should be compared periodically and any errors or discrepancies corrected. [Sec. 65.005(b)]
5. When the reader has completely read and announced all the votes on the ballot, he or she deposits the ballot
in the locked early voting ballot box.
6. Any voted ballot that is not counted is also deposited in the box containing the counted ballots. [Sec.
65.012(b)]
NOTE: A ballot that was not counted should contain a clear notation on the back that it was not counted to
avoid an accidental counting during a recount, etc. [Sec. 65.010(c)]
SECTION E. RULES FOR COUNTING MANUALLY-CAST OR HAND-COUNTED OPTICAL SCAN
BALLOTS
(See generally, Chapter 65 and Secs. 64.003-64.006)
1. The voter should mark his or her ballot by placing an "X" or other mark in the square beside each
candidate, proposition, or party column for which he or she wishes to vote (See Figure 1). [Sec. 64.003]
(Primary Election Ballot)
For Governor
Candidate A
Candidate B
* Candidate C
(General Election Ballot)

Candidates for
PARTY A
PARTY B
Governor
Candidate A
Candidate B
Independent
PARTY C
Write-In
* Candidate C
Figure 1. Illustrations of marked ballots.

(The asterisks indicate the candidates for whom the ballot is counted.)
2. Election officials shall not refuse to count a ballot because the voter marked his or her ballot by scratching
out the names of candidates for whom, or the statement of propositions for which, he or she did not want to
vote (See Figure 2). [Sec. 65.009(b)]
Candidates for
PARTY B
PARTY C
INDEPENDENT
WRITE-IN
Candidate
Candidate
Candidate
Candidate
________
Second Office
* Candidate
Candidate
Candidate
________
Third Office
* Candidate
Candidate
Candidate
________
Fourth Office
* Candidate
Candidate
Fifth Office
* Candidate
First Office
PARTY A
15

Sixth Office
* Candidate
Seventh Office
* Candidate
Candidate
Eighth Office
* Candidate
Candidate
Candidate
Etc.
Figure 2. Illustration of the scratch method.

3.
In the general election for state and county officers, if a ballot indicates a straight-party vote and a vote for
an opponent of one or more of that political party's nominees, a vote shall be counted for that opponent and
for each of the party's other nominees whether or not any of those nominees have received individual votes.
[Sec. 65.007(c)] (See Figures 3 and 4).
Candidates for
PARTY A
PARTY B
First Office
Candidate
Candidate
Second Office
Candidate
WRITE-IN
________
* Candidate
Candidate
________
Candidate
________
* Candidate
Candidate
Fourth Office
* Candidate
Candidate
Fifth Office
* Candidate
Sixth Office
* Candidate
Seventh Office
* Candidate
Candidate
* Candidate
INDEPENDENT
Candidate
Third Office
Eighth Office
PARTY C
Candidate
* Candidate
Candidate
Etc.
Figure 3. Illustration of ballot with one party square marked and

individual candidates marked in one or more other columns (cross over voting).
Candidates for
First Office
PARTY A
PARTY B
PARTY C
INDEPENDENT
WRITE-IN
Candidate
* Candidate
________
Candidate
Candidate
Second Office
* Candidate
Candidate
Candidate
________
Third Office
* Candidate
Candidate
Candidate
________
Fourth Office
* Candidate
Candidate
Fifth Office
* Candidate
Sixth Office
* Candidate
Seventh Office
* Candidate
Candidate
Candidate
* Candidate
Eighth Office
Candidate
Etc.
Figure 4. Illustration of Guideline No. 1.

One party square marked and individual candidates marked
in both that column and one or more other columns (emphasis voting and cross over voting).
16

Guideline No. 1. Where both the party square and individual candidates are marked in the same party
column, and individual candidates are marked in some other column, the election official must count a vote
for all the party's candidates except for those whose opponents in other columns received individual votes,
in which cases the votes for the individuals in the other columns are counted.
NOTE:
4.
Individual marks always override the straight party mark. Individual marks are
counted in lieu of straight party marks. In both Figures 3 & 4, individual tally marks are
made for candidates rather than making a tally mark for the party.
Ballots not marked in conformity with the law.

a. A vote must be counted if the intent of the voter is clearly ascertainable. [Sec. 65.009(c)] (See Figure 5).
Candidates for
PARTY A
PARTY B
First Office
* Candidate
Candidate
Candidate
Third Office
PARTY C
WRITE-IN
Candidate
________
* Candidate
Candidate
________
* Candidate
Candidate
Candidate
________
Fourth Office
Candidate
Candidate
Fifth Office
Candidate
Sixth Office
* Candidate
Second Office
Seventh Office
Candidate
Candidate
Eighth Office
Candidate
* Candidate
Candidate
INDEPENDENT
Candidate
Etc.

Two party squares marked and individual candidates also marked in one or more columns.
Guideline No. 2. Where more than one party square is marked, those votes may not be tallied, and the
ballot may be counted only for candidates individually marked, if any. (If there are no candidates
individually marked, no portion of the ballot is counted.) [Sec. 65.007(d)]
b. An entire ballot cannot be voided if the intent of the voter can be determined for any one race or
proposition on the ballot. [Sec. 65.009(c)]
c. An individual vote is not counted in the following situations:
(1) An individual vote is not counted if the intent of the voter cannot be determined. [Sec. 65.009(c)]
(2) An individual vote is not counted if the voter marked more than one candidate for one race
("overvote").
In municipal, school board, or other political subdivision elections where it is possible to vote for
more than one candidate in the same race, a ballot may not be counted if a voter has marked more
candidates than are to be elected. [Sec. 65.011] A ballot is not invalid if the voter has marked
fewer candidates than the number to be elected (undervote). [Sec. 65.009]
17
VOTE FOR NONE, ONE, TWO, OR THREE

Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Figure 6. Illustration of overvoting; voter has voted for more candidates

than are to be elected. (No portion of this ballot is counted.)
* Candidate
Candidate
* Candidate
Candidate
Candidate
Candidate
Figure 7. Illustration of undervoting; voter has voted for fewer candidates

than are to be elected. (A vote is counted for each candidate receiving a vote.)
(3) An individual vote is not counted in the following write-in voting situations:
(a) The voter used a sticker or rubber stamp with the name of a write-in candidate printed or
written on it. [Sec. 65.008(b)]
(b) The election is the primary election for the office of precinct chair or county chair, a
November general election, city council officer elections, an independent or common school
district trustee election, special elections for state representative and state senator, or other
elections where declaration of write-in is required and the voter writes in the name of a person
whose name is not on the list of declared write-in candidates. [Secs. 144.006, 146.031(d),
146.054, 146.055, 146.082, 171.0231 Election Code; Secs. 11.056(c), 11.304, 130.081,
130.0825, Education Code; Sec. 285.131, Health and Safety Code; Secs. 326.0431 &
326.0432, Local Government Code; Secs. 36.059, 49.101, 63.0945, Water Code]
(c) The election is a primary and the voter writes in a vote for a candidate for public office; only
write-in votes for declared candidates for party officer of county chair and precinct chair may
be counted. [Sec. 172.112]
(d) The election is a runoff election and a voter writes in any candidate's name; no write-in votes
may be counted at a runoff election. [Sec. 146.002]
(e) The voter voted for the presidential candidate of one party and the vice-presidential candidate
of another party or voted for the presidential or vice-presidential candidate of one party and
wrote in the name of a candidate he or she desires to vote for instead of that candidate's
running mate. [Sec. 192.037]
18

d. A ballot is not counted in the following situations:
(1) A ballot is not counted if the intent of the voter cannot be determined. [Sec. 65.009] (See Figure 8).
Candidates for
PARTY A
PARTY B
First Office
Candidate
Candidate
Second Office
Candidate
Third Office
PARTY C
Candidate
INDEPENDENT
WRITE-IN
Candidate
________
Candidate
Candidate
________
Candidate
Candidate
Candidate
John Smith
Fourth Office
Candidate
Candidate
Fifth Office
Candidate
Sixth Office
Candidate
Candidate
Seventh Office
Candidate
Candidate
Eighth Office
Candidate
Candidate
Candidate
Candidate
Candidate
Etc.
Figure 8. Illustration of lack of knowledge of intent of voter.

(No portion of this ballot is counted.)
Candidates for
PARTY A
PARTY B
PARTY C
First Office
Candidate
Candidate
Candidate
Second Office
Candidate
Third Office
INDEPENDENT
WRITE-IN
Candidate
________
Candidate
Candidate
________
Candidate
Candidate
Candidate
________
Fourth Office
Candidate
Candidate
Fifth Office
Candidate
Sixth Office
Candidate
Seventh Office
Candidate
Candidate
Eighth Office
Candidate
Candidate
Candidate
Etc.

Two party squares marked and no individual candidates marked.
Guideline No. 3. Where more than one party square is marked, there is a contradiction as to party
markings, and no portion of the ballot is counted.
(2) A ballot is not counted if two or more ballots are folded together in a manner that indicates they
were folded together when deposited in the ballot box by the voter. [Sec. 65.010(a)(2)]
(3) A ballot is not counted if the ballot is not numbered or not signed by the judge and the judge
determines that this ballot was not provided at the polling place. However, this ballot may be
counted if the judge determines that it was provided at the polling place. [Secs. 65.010(a)(1), (b)]
(4) A provisional ballot found by an election worker not contained within the provisional voter
affidavit envelope. [T.A.C. 81.172-81.174]
19

e. Tallying straight-party vote (See Figures 10, 11 and 12.)
(1) A straight-party vote is one where the voter marks a party with the intent that all candidates of this
party will receive his or her vote. [Sec. 64.004]
(2) Count a straight-party vote by tallying for the party receiving the vote instead of tallying for each of
the partys candidates. However, if a ballot indicates a straight-party vote and a vote for an
opponent of one or more of that party's nominees, a vote shall be tallied for the opponent and for
each of the party's other nominees whether or not any of those nominees have received individual
votes (See Figures 3 and 4 above). [Secs. 65.007(b), (c)]
Candidates for
PARTY A
First Office
* Candidate
Candidate
Second Office
* Candidate
Third Office
PARTY B
PARTY C
Candidate
INDEPENDENT
WRITE-IN
Candidate
________
Candidate
Candidate
________
* Candidate
Candidate
Candidate
________
Fourth Office
* Candidate
Candidate
Fifth Office
* Candidate
Sixth Office
* Candidate
Seventh Office
* Candidate
Candidate
Eighth Office
* Candidate
Candidate
Candidate
Etc.
Figure 10. Casting a straight-party vote by marking the party square.

Candidates for
PARTY A
PARTY B
First Office
Candidate
* Candidate
Second Office
Candidate
Third Office
PARTY C
Candidate
INDEPENDENT
WRITE-IN
Candidate
________
* Candidate
Candidate
________
Candidate
* Candidate
Candidate
________
Fourth Office
Candidate
* Candidate
Fifth Office
Candidate
Sixth Office
Candidate
Seventh Office
Candidate
* Candidate
Eighth Office
Candidate
* Candidate
Candidate
Etc.
Figure 11. Casting a straight-party vote by marking individual squares

of all nominees of a party.
20

Candidates for
PARTY A
First Office
* Candidate
Candidate
Second Office
* Candidate
Third Office
PARTY B
PARTY C
INDEPENDENT
WRITE-IN
Candidate
________
Candidate
Candidate
________
* Candidate
Candidate
Candidate
________
Fourth Office
* Candidate
Candidate
Fifth Office
* Candidate
Sixth Office
* Candidate
Seventh Office
* Candidate
Candidate
Eighth Office
* Candidate
Candidate
Candidate
Candidate
Etc.
One party square marked and individual candidates in the party's column also marked. (Emphasis
Voting) (The asterisks indicate the candidates for whom the ballot is counted.)
Guideline No. 4. Where only one party square is marked and names of any or all of that party's
nominees are marked individually, but no candidate outside that party is marked, the ballot must be
counted as a vote for all nominees of that party. Do not count the votes twice. This is often referred to
as an "emphasis vote." Make a tally mark for the party.
(3) Write-in Votes.
(a) In the primary election for the office of precinct or county chair, a November general election,
city council officer elections, an independent or common school district trustee election,
special elections for state representative and state senator, or other elections where declaration
of write-in is required and the voter writes in the name of a person whose name is not on the
list of declared write-in candidates, the vote is not counted. [Secs. 144.006, 146.031(d),
146.054, 146.055, 146.082, 171.0231 Election Code; Secs. 11.056(c), 11.304, 130.081,
130.0825, Education Code; Sec. 285.131, Health and Safety Code; Secs. 326.0431 &
326.0432, Local Government Code; Secs. 36.059, 49.101, 63.0945, Water Code]
In a primary election, only count write-ins for declared write-in candidates for party offices,
i.e., precinct and county chair. [Sec. 172.112]
If only one candidate files for precinct chair (for the ballot or as a write-in), the election for
that office is not held and the county chair shall prepare a sign notifying voters that the
candidate will be declared elected to the office at the time of the local canvass. An election
officer shall post the sign in one or more locations in the polling place. [Sec. 171.0221]
(b) In a runoff election, no write-ins are counted. [Sec. 146.002]
(c) In all elections other than those listed in subsection (a) above, all write-ins are counted. [Sec.
146.001]
(d) The first time a name is read, enter it on the tally list and also make a tally mark by the name.
Each subsequent time the name is read, make a tally mark by the name. [Sec. 65.005(a)]
21

Candidates for
PARTY A
PARTY B
PARTY C
First Office
Candidate
* Candidate
Candidate
Second Office
Candidate
* Candidate
Third Office
Candidate
Candidate
Fourth Office
Candidate
* Candidate
Fifth Office
* Candidate
Sixth Office
* Candidate
Seventh Office
Eighth Office
Candidate
Candidate
INDEPENDENT
WRITE-IN
________
________
* John Smith
* Candidate
* Candidate
Etc.
Figure 13. Casting a write-in vote. Illustration of Guideline No. 5

Guideline No. 5. Where the voter marks straight party but votes for declared write-in, the write-in vote is
counted.
PARTY B
Candidates for
PARTY A
First Office
Candidate
Candidate
Second Office
Candidate
* Candidate
_______
Third Office
Candidate
* Candidate
_______
Fourth Office
Candidate
Fifth Office
Candidate
Sixth Office
Candidate
Seventh Office
Candidate
* Candidate
Eighth Office
Candidate
* Candidate
PARTY C
INDEPENDENT
Candidate
WRITE-IN
* John Smith
Candidate
Etc.
Figure 14. Casting a write-in vote. Illustration of Guideline No. 6.

Guideline No. 6. Where voter fails to properly mark an "X" in the write-in box, the write-in vote may be
counted if the presiding judge can determine the intent of the voter. [Secs. 52.070(e), 65.009]
SECTION F. HANDLING THE ELECTION RETURNS FOR PAPER BALLOTS
1. Making out the returns.
a. After all ballots are counted, the tally list, including separate totals for precincts, must be totaled and
signed by the counting officer keeping it. If more than one officer has kept one particular list, each
officer signs the list upon finishing. [Sec. 65.005(c)]
b. Total each tally list to obtain the total number of votes cast for each candidate and/or for or against each
proposition. [Sec. 65.005(c)]
c. The presiding judge must make out and sign all copies of the returns. [Sec. 65.014(c)]
d. A separate return sheet must be made for each precinct. [Sec. 87.1231]
22

e. Election officials should also prepare a summary return sheet to show complete early voting returns for
all precincts.
2. Distribution of election returns, poll lists, and tally lists.
a. There must be four copies of the returns for each precinct. [Secs. 65.014(c), 87.1231]
b. There must be three copies of the poll list (or four copies of the combination form). [Sec. 63.003(b)]
c. There must be three originals of the tally list for each precinct. [Secs. 65.004, 87.1231]
3. Five envelopes for distribution of election records are furnished with the supplies.
a. Envelope No. 1 is addressed to the presiding officer of the local canvassing authority. [Sec.
66.003(b)(1)]
--
County judge (general election for state and county officers or election held by the county).
--
County chair (primary election).
--
Mayor (municipal election).
--
Presiding officer of the governing board (other elections).
b. Envelope No. 2 is addressed to the general custodian of election records. [Secs. 66.001, 66.003(b)(2)]
--
County clerk or county elections administrator (general election for state and county officers,
election held by the county, primary election).
--
City clerk or secretary (municipal election).
--
Secretary of the governing board, or if none, the presiding officer of the governing board (other
elections).
c. Envelope No. 3 is addressed to the early voting ballot board judge. [Sec. 66.003(b)(3)]
d. Envelope No. 4 is addressed to the Voter Registrar. [Sec. 66.003(b)(4)]
e. Envelope No. 5 is addressed to the County Chair.
4. The records of the election must be distributed as follows:
a. Contents of Envelope No. 1. [Sec. 66.022]
(1) The original of the election returns of early voting ballots for each precinct.
(2) One copy of the tally list for each precinct (from each counting team, if applicable).
b. Contents of Envelope No. 2. [Sec. 66.023]
(1) A copy of the returns of the early voting ballots for each precinct and the summary return.
(2) A copy of the tally list for each precinct (from each counting team, if applicable).
(3) The original of the poll list of early voting voters voting by personal appearance and by mail.
(4)
Any certificates of appointment of poll watchers.
(5) Original of Statement of Compensation in some circumstances. [Sec. 32.094]

NOTE:
The presiding judge must follow the instructions of the political subdivision for delivery
of the Statement of Compensation. The time designated for delivery may not be later
than 5:00 p.m. of the third day after election day. If the authority responsible for
delivering the election supplies does not indicate to whom the Statement of
Compensation should be returned, place it in Envelope No. 2 for return to the custodian
23

of election records. The election judge may also keep a copy of the Statement of
Compensation. For primary elections, place original in Envelope No. 5 to the county
chair.
c. Contents of Envelope No. 3. [Sec. 66.024]
(1) A copy of the returns of early voting ballots for each precinct and the summary return.
(2) A copy of the poll list of early voters voting by personal appearance and by mail.
(3) A copy of the Statement of Compensation.
d. Contents of Envelope No. 4. [Sec. 66.0241]
(l) The list of registered voters.
(2) The registration correction list, if any.
(3) Any Statements of Residence completed at the polling place or by mail or copies of identification
submitted by mail.
(4) List of ID Voters.
(5) Copy of Combination Form, if used instead of individual affidavits.
e. Contents of Envelope No. 5.
-f.
Original of the Statement of Compensation, in a primary election.
Contents of early voting ballot box. [Sec. 66.025]

(1) The voted ballots.
(2) A copy of the early voting returns for each precinct and the summary return.
(3) A copy of the tally list for each precinct.
(4) A copy of the poll list of early voters voting by personal appearance and by mail.
5. Manner and time of delivery of records.

a. The presiding judge must deliver Envelope No. 1 in person to the presiding officer of the local
canvassing authority, or if that officer is unavailable, to the general custodian of election records. [Sec.
66.051(a)]
b. The presiding judge must deliver Envelope No. 2 and Ballot Box No. 3, the rejected ballot envelope,
the jacket envelopes containing the carrier envelopes and applications, and all unused supplies in
person to the general custodian of election records. [Sec. 66.051(b)]
c. The presiding judge retains Envelope No. 3. [Sec. 66.051(c)]
d. The presiding judge must deliver Envelope No. 4 in person to the voter registrar, or if that officer is
unavailable, to the general custodian of election records for later delivery to the voter registrar. [Sec.
66.051(d)]
e. The judge delivers the keys to the Ballot Box to:
(1) The sheriff for an election ordered by the governor or a county authority or for a primary election,
unless the sheriff is on the ballot, in which case the keys are delivered to the county judge. If both
the sheriff and the county judge are on the ballot, the keys are delivered to the county auditor, or, if
there is no county auditor, to a member of the commissioners court, named by the court, who is not
on the ballot. [Sec. 66.060(a)(1)]
24

(2) The chief of police or city marshal for an election ordered by a city authority. [Sec. 66.060(a)(2)]
(3) The constable of the justice precinct in which the governing body's office is located, or if the
constable's office is vacant, to the sheriff of the county, for an election ordered by a political
subdivision other than a county or city. [Sec. 66.060(a)(3)]
f.
Envelope No. 5 is delivered to the County Chair.
g. Time.
(1) Records must be delivered to the appropriate authority immediately after the returns are completed.
[Secs. 66.053(a), 87.063]
(2) If the judge determines that the ballots will not be counted in time to permit delivery of the records
by 2:00 a.m. of the day following the election, he or she must notify the general custodian of
election records by telephone between midnight of election day and 1:00 a.m. of the following day
of:
--
The vote totals tallied for each candidate and for and against each measure at the time of
notification.
--
The expected time of finishing the count. [Secs. 66.053(b), 87.063]
(3) In every election, the early voting ballot board records must be delivered to the appropriate
authorities not later than 24 hours after the polls close. [Secs. 66.053(c), 87.063]
6. At the time the early voting ballot board records are delivered, supplies shall be returned to the authority
responsible for providing such supplies. The presiding judge shall follow the instructions of such authority
regarding the storage or return of empty ballot boxes and their keys and other equipment. [Sec. 87.123]
SECTION G. REPORTING EARLY VOTES
1.
The presiding judge of the Board must deliver the counted ballots, the early voting election returns, other
early voting election records, and ballot box keys to the appropriate authorities. [Sec. 87.063]
2.
The early voting totals must reflect the number of early votes for each candidate or measure by election
precinct. [Secs. 67.004(c), 87.1231]
25
CHAPTER 4
EXAMINING, PREPARING, AND COUNTING VOTED OPTICAL SCAN BALLOTS
SECTION A. PROCESSING BALLOTS COUNTED AT CENTRAL COUNTING STATION
NOTE:
If the ballots are to be delivered to the central counting station before the time the polls are
closed on election day, the intervals during the day at which the ballots are to be delivered
must be stated in the resolution, order, or other official action authorizing the early deliveries.
[Sec. 127.124]
1. On the direction of the presiding judge, the early voting ballot board shall deliver to the central counting
station the container for the early voting electronic system 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. [Sec. 87.101]
2. The early voting electronic system ballots counted at a central counting station shall be tabulated separately
from the ballots cast at precinct polling places and shall be separately reported on returns. [Sec. 87.103]
3. The general custodian of records shall post a guard to ensure the security of ballot boxes containing voted
ballots throughout the period of tabulation at the central counting station. [Sec. 127.1232]
SECTION B. DELIVERY OF BALLOT BOX.
1. Poll watchers may accompany election officials delivering ballot container after optical scan mail ballots are
qualified. [Sec. 33.060]
If delivery is made in a vehicle, it is sufficient to allow the watchers to follow in a different vehicle and
to drive in such a manner that the watchers are able to keep the delivery vehicle in sight.
2. The officers must present the ballot box to the presiding judge of the counting station or his or her designee.
3. The delivering officers must then exchange the ballot box for a signed receipt. [Sec. 127.068(a)]
4. The rejected ballot envelopes, jacket envelopes containing the carrier envelopes, and any unused supplies
are returned to the general custodian of election records.
26
CHAPTER 5
RECONVENING EARLY VOTING BALLOT BOARD
The early voting ballot board must reconvene after the election to review and qualify provisional ballots and to
qualify ballots that were cast from outside the United States on or before election day and that are received by
the fifth day after the election.
SECTION A. ESTABLISHING
PROVISIONAL BALLOTS
THE
EARLY
VOTING
BALLOT
BOARD
TO
REVIEW
The authority appointing the early voting ballot board may determine which members of the board will review
and count the provisional ballots. The entire ballot board is not required to be present. A minimum of three
members of the board is required to conduct the review.
1. Convening Early Voting Ballot Board.
a. The presiding judge of the early voting ballot board may convene the board as soon as practicable after the
voter registrar has completed the review of the provisional ballots, or if the voter registrar reviews the
provisional ballots in batches and releases completed batches sequentially, the presiding judge
may convene the board as soon as practicable after the voter registrar has completed one or more
batches. The judge must post a notice on the bulletin board used for posting notices of meetings of the
governing body ordering the election no later than 24 hours before each time the board is scheduled to meet.
The board may also convene while the voter registrar continues the review.
b. The early voting ballot board must complete its review of provisional ballots not later than the 7th day after
election day.
2. Delivery of Materials To Early Voting Ballot Board.
a. The board should obtain from the authority conducting the election a package of supplies, including the:
(1) Return sheets;
(2) Tally sheets; and
(3) Envelopes for Accepted and Rejected Ballots.
b. The general custodian will deliver to the early voting ballot board the Lists of Provisional Voters from each
precinct.
3. Delivery of Provisional Ballots.
a. The early voting ballot board presiding judge shall take receipt of (1) the provisional ballots directly from
the voter registrar or the custodian of election records and (2) List of List of Provisional Voters Who
Presented Proper Identification to Voter Registrar at a time and place to be determined by the presiding
judge and; [Sec. 65.0541]
b. The presiding judge completes the Verification of Provisional Ballots and Serial Numbers Form by signing
at the time of receipt that the seal(s) were intact, the serial numbers of the seal(s) were accurately reflected,
and the number of provisional ballots received.
4. Review of Provisional Ballots.
The early voting ballot board shall review both the election judge's and the voter registrar's notation on each
Provisional Ballot Affidavit Envelope to determine whether or not the ballot should be counted as indicated
below.
27

a. Provisional ballots to be counted:
(1) The ballot shall be counted if the voter failed to submit an acceptable form of photo identification and
did not have a reasonable impediment or difficulty to doing so (including if the voter did not provide a
form of supporting documentation in connection with a reasonable impediment declaration) at the
polling place, but the voter registrar indicated the voter presented an acceptable form of photo
identification in person at the registrars office within six calendar days after the date of the election
and the voter was otherwise eligible to vote in the election.
(2) The ballot shall be counted if the voter failed to submit an acceptable form of photo identification
and did not have a reasonable impediment or difficulty to doing so (including if the voter did not
provide a form of supporting documentation in connection with a reasonable impediment
declaration) at the polling place, but the voter registrar indicated on the Provisional Ballot Affidavit
Envelope that the voter applied for and received the disability exemption by the sixth day after
election day and the voter was otherwise eligible to vote in the election
(3) The ballot shall be counted if the voter failed to submit an acceptable form of photo identification
and did not have a reasonable impediment or difficulty to doing so (including if the voter did not
provide a form of supporting documentation in connection with a reasonable impediment
declaration) at the polling place, but the voter registrar indicated the voter completed one of the two
curing affidavits (consistent religious objection to photographs or identification destroyed or
inability to access acceptable photo identification due to declared natural disaster) no later than the
sixth day after election day.
(4) If the election judge indicated that the reason for casting a provisional ballot was that the voter
appeared on the list of registered voters as having cast a ballot by mail, and the voter claimed that
he never received the mail ballot, or would like to cancel his or her mail ballot, the provisional
ballot shall be counted if the voters mail ballot has not already been received.
(5) If the voter registrar indicated that the provisional voter is registered to vote in the territory holding
the election, the ballot shall be counted.
(6) If the voter registrar indicated that the provisional voter is registered to vote, but was erroneously
listed in the wrong precinct, the ballot shall be counted.
(7) If the voter was erroneously removed from the voter registration list and is otherwise qualified to
vote, the ballot shall be counted.
(8) The voter registrar has information in the office that the voter did complete an application, and the
voter is otherwise qualified, the ballot shall be counted. (For example, evidence that the voter
submitted and application at a DPS office or via a volunteer deputy registrar.)
b. Provisional ballots not to be counted:
(1) If the voter failed to submit an acceptable form of photo identification and did not have a reasonable
impediment or difficulty to doing so (including if the voter did not provide a form of supporting
documentation in connection with a reasonable impediment declaration) at the polling place, and the
voter registrar noted that the voter did not (1) present an acceptable form of photo identification in
person at the registrars office within six calendar days after the date of the election; (2) complete one
of the curing affidavits (consistent religious objection to photographs or identification destroyed or
inability to access acceptable photo identification due to declared natural disaster), or (3) apply for
and receive a disability exemption by the sixth day after election day, then the ballot shall not be
counted.
28

(2) If the election judge indicated that a voter with a permanent disability exemption to providing an
acceptable form of photo identification did not submit the registration certificate at the polling
place, and the voter registrar notes that the voter failed to (1) present their registration certificate
with exemption, (2) present a form of acceptable photo identification, or (3) apply for and receive
a permanent disability exemption by the sixth day after election day, the ballot shall not be
counted. If a voter voted provisionally due to having an outstanding mail ballot that has not yet
been cancelled, the provisional ballot shall not be counted if the provisional voter has already
voted.
(3) If the voter registrar indicated that the provisional voter is not registered to vote in the territory
holding the election or the registration was not effective in time for the election, the ballot shall not be
counted.
(4) If the voter registrar indicated that the provisional voter is registered to vote at a different precinct
other than the one the voter voted in, the ballot shall not be counted.
(5) If the election judge indicated that the voter was on the list of registered voters, but the voters
registered residence address is outside the political subdivision, the ballot shall not be counted.
(6) If the voter registrar indicated that an incomplete application was received from the provisional voter
but the required additional information was not returned, the ballot shall not be counted.
5. Disposition of Accepted or Rejected Ballots.
a. The presiding judge shall indicate the disposition of each ballot on the provisional voter affidavit
envelope.
b. The presiding judge shall also indicate the disposition of each ballot on the List of Provisional Voters for
that precinct.
c. The ballots to be counted shall be removed from their provisional ballot envelopes (which are sealed in a
secrecy envelope). After at least 10 secrecy envelopes have been removed from the provisional ballot
envelopes and placed in a separate container, the secrecy envelopes are opened, and the ballots are
counted under the normal procedure for counting ballots by mail in an election either by hand counting
or by central counting station [See Chapters 3 and 4]. The presiding judge of the early voting ballot
board or central counting station shall complete a return sheet of the votes and record them by precinct.
The Provisional Voter Affidavit Envelopes are placed in the Envelope for Accepted Voters and
delivered to the general custodian of election records.
d. The Provisional Voter Affidavits Envelopes that are not counted are placed in the Envelope for Rejected
Provisional Ballots and delivered to the general custodian of election records.
6. Counting Paper Ballot Provisional Ballots.
a. See Chapters 3 and 4 for counting rules.
b. Once counted, the provisional ballots shall be re-locked and returned to the custodian of election records.
The key shall be delivered to the custodian of the key.
c. If a DRE system is used for provisional voting, the entity conducting the election will direct how
provisional ballots are processed.
7. Counting of Provisional Ballots Electronically (optical scan).
a. The manager of the central counting station shall decide whether the ballot board shall manually count
the ballots with the totals manually added to the computer count for a canvass total or whether the
central counting station shall reconvene.
29

b. The manager shall send notice to the presiding judge of the ballot board prior to reconvening the board
as to whether the ballots are to be counted manually by the board or whether the ballots are to be
prepared for delivery to the central counting station.
c. If the ballots are to be counted by the central counting station, the manager must post notice at least 24
hours prior to reconvening the central counting station. Section 1.006 does not apply.
d. A ballot transmittal form must be completed by the presiding judge of the ballot board. The transmittal
form will accompany the accepted provisional ballots.
e. Prior to the beginning of the count at a central counting station, the manager shall run the required second
logic and accuracy test using the same test deck as on Election Day. After the count is complete, the
manager shall run the required third logic and accuracy test. If the test is not successful, the count is void.
f. The central counting manager may add the provisional ballots to the original returns by hand in order to
provide one complete return sheet, may enter the provisional ballots directly on the electronic voting system
to have one final electronic return sheet or may provide a separate return sheet with just provisional ballot
vote totals. The return sheets are placed in Envelope No. 2 and delivered to the custodian of election
records.
g. The counted provisional ballots and other election materials are returned to the custodian of election records
and retained for the appropriate preservation period.
NOTE: Since provisional ballots will probably be processed and counted at the same time as the late
early voting by mail ballots, additional procedures relating to late ballots pursuant to T.A.C. Sec. 81.37 may
also apply.
8. Notice to Provisional Voters.
Not later than the 10th day after the local canvass, the early voting ballot boards presiding judge shall deliver
written notice regarding whether the provisional ballot was counted to the provisional voter, and if the ballot
was not counted, the reason the ballot was not counted. The presiding judge shall use the information provided
on the affidavit to obtain the proper mailing address for the voter and the final resolution of the provisional
ballot.
9. Distribution of Provisional Voting Records.
a. Custodian of election records receives:
(1) Lists of Provisional Voters;
(2) Return sheets;
(3) Tally Sheets;
(4) Envelopes for Accepted and Rejected Provisional Ballot Affidavit Envelopes;
(5) Counted Ballots; and
(6) Verification of Provisional Ballots and Serial Numbers.
b. Custodian of the key receives the key to the ballot box after it has been locked.
c. Presiding officer of the canvassing authority receives:
(1) Return sheets; and
(2) Tally Sheets.
30

SECTION B. RECONVENING FOR QUALIFYING LATE EARLY BALLOTS BY MAIL
1. Requirements for ballots to be counted late.
The Board must reconvene to count mail ballots which were:
a. cast from outside the United States;
b. placed in delivery before the polls closed; and
c. which arrived not later than the 5th day after election day. [Sec. 86.007(d)]
NOTE:
If the 5th day falls on a weekend day, federal or state holiday, this deadline is extended to the
next regular business day.
2. When should the board reconvene?

On the 9th day after election day or earlier, if the early voting clerk can determine that all ballots cast from
outside the United States have been received. [Sec. 87.125]. NEW LAW: Senate Bill 1703, (84th
Legislature)
3. The Carrier Envelope must be:
a. timely submitted;
b. properly addressed with postage (no postage is required for FPCA carrier envelopes);
c. sent from an address outside the United States; and
d. bear a cancellation mark from a postal service before the polls close or a receipt mark from a common or
contract carrier indicating the ballot was received before the polls closed.
NOTE: The carrier envelope will be presumed timely submitted if there is no cancellation mark or
receipt mark and if other requirements are met. [Sec. 86.007(f)]
4. Additional general provisions.
a. The presiding judge shall notify the early voting clerk as to the time and place where the board will
reconvene. The notice must be made in time so the early voting clerk may give proper notice of the
delivery. The early voting clerk must post notice of delivery of jacket envelopes and any other
accompanying papers to the early voting ballot board at least 24 hours prior to the delivery. The notice
shall be posted at the main early voting polling place. Section 1.006 does not apply.
b. The presiding judge shall send notice to the custodian of the key and the custodian of election records to
redeliver the ballot box containing the counted ballots and the key to the box. After the late ballots have
been counted, the presiding judge shall lock the late counted ballots in the ballot box. The presiding
judge shall deliver the ballot box to the general custodian of election records and the key to the ballot
box to the custodian of the key.
c. Poll watchers are entitled to be present.
d. If all mail ballots were received by the close of voting on election day or no ballots were received by the
appropriate deadline for the election, the early voting clerk shall certify that fact and deliver the
certification to the canvassing board before they convene to canvass the votes. [Sec. 87.125(a)]
5. Special provisions for paper ballots.
31

a. Once the ballots have been qualified, the presiding judge shall use the regular method of counting
ballots by keeping three new tally sheets, counting by precinct, and having at least two members per
tally team. [Ch. 65, Secs. 87.062, 87.103; T.A.C. 81.37(b)]
b. Once the board has counted all the ballots, an original and three copies of the return sheet shall be
prepared.
c. The distribution of the tally sheets and return sheets shall be made in accordance with the Texas Election
Code, Subchapter B, Chapter 66.
d. The canvassing board shall add the returns from both early voting return sheets when canvassing the
vote.
6. Provisions for Electronic Voting Systems. [T.A.C. 81.37(c), 87.103]
a. The manager of the central counting station shall decide whether the ballot board shall manually count
the ballots with the totals manually added to the computer count for a canvass total or whether the
central counting station shall reconvene.
b. The manager shall send notice to the presiding judge of the ballot board prior to reconvening the board
as to whether the ballots are to be counted manually by the board or whether the ballots are to be
prepared for delivery to the central counting station.
c. If the ballots are to be counted by the central counting station, the manager must post notice at least 24
hours prior to reconvening the central counting station. Section 1.006 does not apply.
d. A ballot transmittal form must be completed by the presiding judge of the ballot board. The transmittal
form will accompany the ballots qualified.
e. The manager must order a 2nd test to be conducted prior to the count. The test must be successful.
f. Poll watchers are entitled to be present.
g. After the 2nd test is successful, the unofficial election results preserved by electronic means shall be
loaded in the tabulating equipment.
h. The tabulation supervisor shall print a status report before the count is to begin. This status report shall
be compared with the report run on election night. If the two status reports do not match, the electronic
ballots must be counted by hand and the total manually added to the returns printed on election night.
i. If the status reports match, the tabulation supervisor may order the count to begin. The precinct returns
from these counts may be included with the original precinct counts. The tabulation supervisor does not
need to keep the precinct-by-precinct results of the late ballots separate from other early voted ballots.
j. Once the ballots have been counted, results shall be prepared in the regular manner. The manager shall
prepare a certification and attach it to the returns, then place both in envelope #1 to be delivered to the
presiding officer of the canvassing board indicating that the results supersede any returns printed prior to
the reconvening of the central counting station after election day.
k. After the results have been prepared, a successful 3rd test must be performed.
l. The results, ballots, and distribution of ballots and all records shall be made in the regular manner.
32
EXHIBIT
B
Election Inspector
Handbook
ISSUED BY
SECRETARY OF STATE
STATE OF TEXAS
ELECTIONS DIVISION
1-800-252-8683
OR
(512) 463-5650
TABLE OF CONTENTS
INTRODUCTION 3
FREQUENTLY ASKED QUESTIONS.. 4
Inspecting an Election 4
Polling Place Setup and Required Forms.. 5
Election Officials and Workers.. 6
Poll Watchers. 6
Processing Voters... 7
Casting a Ballot... 9
Assistance to a Voter 11
Securing Voted Ballots. 11
Counting Ballots and Posting Number of Voters. 11
Electioneering... 12
ATTACHMENTS... 13
EARLY VOTING BALLOT BOARD FAQs 19
CENTRAL COUNTING STATION FAQs 20
TIPS 21
DUTIES.. 23
-2-
INTRODUCTION
The Elections Division of the Secretary of States office has prepared
this handbook for use by all appointed election inspectors.
This
handbook is a quick reference which contains tips and other information.
It should be used in conjunction with the handbook for judges and clerks
and/or any other informative materials provided by this office.
The Elections Division of the Secretary of States office is open during
the hours that the polls are open for voting on all uniform election dates.
Answers to questions on election law and procedures may be obtained by
calling the Elections Division toll-free at 1-800-252-8683 or direct at
(512) 463-5650.
This handbook was last updated in September 2016.
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FREQUENTLY ASKED QUESTIONS

A. Inspecting an Election
1. How often should inspectors call in?
Inspectors are no longer required to call and check in with the Secretary of
States office periodically. If a problem occurs, or if you have a question
regarding either your assignment or a question regarding an action in the
polling place, the inspector should call our office as soon as possible.
2. Is an inspector there to answer questions?
No. However, if the election judge asks an inspector an election question,
the inspector may answer the question if the inspector knows the answer or
can find the answer in the handbook. If unsure, the inspector should call the
Secretary of States office to obtain a response for the election judge. An
inspector should try to be as helpful as possible.
3. If an inspector gets asked why the inspector is present, what should the
response be?
The inspector should explain that t he inspector was probably requested by 15
local registered voters, and that upon this request the Secretary of State must
send an inspector. Do not give the names of the people who signed the
request.
4. Are copies of the petition requesting an inspector available to the public?
Yes. However, they are not available until the day after the election.
5. If a member of the media asks the inspector a question, what should be
the inspectors response?
An inspector should never communicate with the media. If the member of the
media is persistent, the inspector should tell them to contact the Secretary of
States office.
6. How can someone obtain a copy of the inspectors report?
The requestor may contact the Secretary of States Elections Division by
phone at 1-800-252-8683 or via email at [email protected] to request
any materials regarding the inspectors report.
7. When is an inspector check-off list (report) due?
Within five days after the inspector returns back to work. You will be given
instructions on how to complete the check off list , which is submitted
electronically.
8. Is the inspector required to remain at the polling place from 7:00 a.m. to
7:00 p.m.?
No, the inspector may come and go as the inspector is directed by the
Secretary of States office; the inspector is usually assigned to more than one
polling place. Remember, the Secretary of States Office requires inspectors
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to be at their first polling place prior to 7 a.m. and to close a polling place
at 7 p.m.
B. Polling Place Setup and Required Forms
1. What voter information should be posted in the polling place?
The Secretary of States voter information poster, voter complaint poster,
notice of prohibition of certain devices, instructions on how to cast a vote,
and the sample ballot must be posted in a prominent location in the voting
area. The notice of acceptable identification must be posted on the outside
door of the polling place. Also, the list of declared write-in candidates (if
applicable) should be posted in each voting booth.
2. Are voting booths required?
Yes. However, a divider placed on a table will suffice, as long as a voters
privacy is maintained.
3. Must polling places be accessible to voters with disabilities?
Yes.
4. Should instruction posters be printed in English and Spanish?
All election materials used in the polling place must be printed in English
and Spanish. In some counties, additional language s may be required.
5. Combination form: What does the form look like? Result of failure to
sign form?
The form combines all of the forms necessary to qualify a voter, including
most of the affidavits needed by the election officials. It is a legal size paper
in four parts with a signature roster on one side and the poll list on the
opposite side, in reverse direction, so the voter can sign the roster without
the form having to be turned around. If the form is inadvertently not signed,
the result is an inaccurate total for the number of voters who voted; however,
the voters ballot is still counted. (Refer to Attachment A). Please note that
the Combination Form will not be updated at this time to reflect the A ugust
10, 2016 Court Order referenced herein, but the substantially similar name
affidavit on the form should be considered still valid not withstanding that it
references Section 63.0101 of the Texas Election Code.
6. What does an Affidavit of Provisional V oter look like?
It is an envelope with the Affidavit of Provisional Voter on the front for the
voter to complete their information. On the back is an area for the Election
Judge to state why the voter is voting a provisional ballot and a place for the
Voter Registrar to complete the review of the voters registration status.
(Refer to Attachment B). There is an area for Other on the Affidavit for
scenarios not explicitly covered on the form.
7. What is a Notice to Provisional Voter?
This notice is provided to each provisional voter. The presiding judge shall give the
voter the Notice to Provisional Voter form, which explains that the voter will receive
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notice in the mail informing the voter whether the provisional ballot was counted and
contain the following additional information if the voter cast a provisional due lack of
identification:
a) a list of acceptable forms of photo voter identification, and instructions to appear
at the county voter registrars office within 6 calendar days of the date of the
election to present an acceptable form of photo identification;
b) a map to the voter registrars office; and
c) notice that if all procedures are followed and the voter is found to eligible to vote
and is voting in the correct precincts, the voters provisional ballot will be
accepted.
C. Election Officials and Workers
1. Who has authority at the polling place?
The election judge is in charge of and responsible for the management and
conduct of the election at the polling place. If the election judge orde rs the
inspector to leave, the inspector should do so and then call our office.
2. Are election judges, clerks, poll watchers, and state or federal inspectors
required to wear an ID badge?
Yes. The ID badge must indicate the persons name and title or posit ion.
3. Who is allowed in the polling place?
Only authorized persons may be in the polling place. Authorized persons
include the following: election judges and clerks, voters who are voting, poll
watchers, inspectors, authorized federal observers, secretary of state and
staff, peace officers requested by the judge, interpreters, assistants, children
under the age of 18 accompanying the parent, students participating in a
student election, a voting system technician who is there to work on voting
system equipment, and sheriffs or other law enforcement personnel delivering
supplies. Note that in primary elections only, the county chair may be
present in a polling place in order to perform administrative functions
connected to the election.
D. Poll Watchers
1. Are poll watchers allowed to wear badges or name tags in the polling
place?
Yes. Poll watchers must wear a form of identification prescribed by the
Secretary of State and provided by the presiding judge or other election
officer.
2. Is a poll watcher required to report to the polling place by 7:00 a.m.? Is
a poll watcher required to stay at the polling place from 7:00 a.m. to 7:00
p.m.?
A poll watcher is not required to be at the polling place by 7:00 a.m.. A poll
watcher that serves for more than five continuous hours may serve at the
polling place during the hours the watcher chooses, except that if the
watcher is present when ballots are counted, the watcher may not leave until
the counting is complete; if the poll watcher leaves before the counting i s
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complete, the presiding judge may not allow them to return. A poll watcher
may not be accepted for service if he or she possesses any mechanical or
electronic means of recording images or sound unless the poll watcher
disables or deactivates the device. The election judge may inquire whether a
watcher has possession of any prohibited recording device before accepting
the watcher for service.
3. Is a poll watcher allowed to take notes while serving in a polling place?
Poll watchers may take notes, but if t he poll watcher leaves the polling place
while the polls are open, the election judge may require that the poll watcher
leave the notes with another election official of the poll watchers choice if
the poll watcher plans to return. This person must retai n the notes until the
poll watcher returns to duty. If the poll watcher does not plan to return they
may take their notes with them.
E. Processing Voters
1. When must a voter be registered in order to vote in an election?
The person must submit an application at least thirty days prior to an
election. A voters registration certificate will indicate the effective date of
the registration, which must be by election day for the voter to be eligible to
vote a regular ballot.
2. What must a voter bring to be accepted for voting?
Pursuant to a court order issued on August 10, 2016, if a voter has obtained an
acceptable form of photo ID, from the list below, a voter must present an acceptable form
of photo ID to vote. Voters who have not been able to obtain one of the forms of
acceptable photo identification listed below, and have a reasonable impediment or
difficulty to obtaining the required photo identification, may present a supporting form of
identification of the voter and execute a Reasonable Impediment Declaration, noting the
voters reasonable impediment or difficulty to obtaining an acceptable form of photo
identification, stating that the voter is the same person who personally appeared at the
polling place, and stating that the voter is casting a ballot while voting in-person.
Acceptable Forms of Photo ID:
1) Texas Drivers License issued by the Department of Public Safety (DPS);
2) Texas Election Identification Certificate issued by DPS
3)
4)
5)
6)
NOTE: If a voter does not have a valid form of photo identification, they may
apply for a free election identification certificate at their local Texas Department
of Public Safety office.
Texas Personal Identification Card issued by DPS;
Texas License to Carry a Handgun or Texas Concealed Carry Permit issued by
DPS;
United States Military Identification Card containing the persons photograph;
United States Citizenship Certificate containing the persons photograph; or
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7) United States Passport.

With the exception of the U.S. citizenship certificate, which has no expiration date, the
acceptable photo identification must be current or have expired no more than 4 years
before being presented for voter qualification at the polling place.
NOTE: This is a change from previous procedure. Prior law required that the photo ID
not be expired for more than 60 days.
Here is a list of the supporting forms of ID that can be presented if the voter cannot
obtain, and has a reasonable impediment or difficulty to obtaining one of the forms of
acceptable photo ID:
1)
2)
3)
4)
5)
6)
7)
Valid voter registration certificate

Certified birth certificate (must be an original)
Copy of or original current utility bill
Copy of or original bank statement
Copy of or original government check
Copy of or original paycheck
Copy of or original government document with your name and an address
(original required if it contains a photograph)
NOTE: The address on either a supporting form of ID or an acceptable photo

identification does not need to match the address on the list of registered voters.
NOTE: The entity conducting the election may authorize an election officer to access
electronically readable information on a drivers license or personal
identification card for proof of identification when determining whether a
voter shall be accepted for voting. [Sec. 63.0102]
3. What is a permanent exemption to the requirement to show a photo ID, and how
does a voter show that he or she has received a permanent exemption?
Voters with a disability may apply with their county voter registrar for a permanent
exemption to the requirement to show a photo ID. The application must contain written
documentation from either the U.S. Social Security Administration evidencing the
applicants disability, or from the U.S. Department of Veterans Affairs evidencing a
disability rating of at least 50 percent. In addition, the applicant must state that he or she
has no valid form of photo identification. Those who obtain a disability exemption will be
allowed to vote by presenting a voter registration certificate reflecting the exemption.
The voters registration certificate will have an (E) next to the VUID number on their
voter registration certificate.
4. Are there are other exemptions to the photo identification requirement?
Yes. A voter may apply for a temporary exemption if the voter has a consistent religious
objection to being photographed OR does not present an acceptable form of photo
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identification as a result of certain natural disasters as declared by the President of the

United States or the Texas Governor.
A voter that wishes to obtain a temporary exemption should vote provisionally and then
appear in person at the county voter registrars office to execute an affidavit for the
temporary exemption.
5. What is the six day cure period and what does it mean for voters?
A voter who has not obtained an acceptable form of photo ID and does not have a
reasonable impediment or difficulty in obtaining an acceptable form of photo ID, or a
voter who has obtained an acceptable form of photo ID, but does not present that ID at
the time they offer to vote may cast a provisional ballot at the polls and then will have
until the sixth calendar day after election day to present an acceptable form of photo ID
in the presence of the county voter registrar. If the voter appears at the voter registrars
office and presents an acceptable form of photo ID, the voters provisional ballot will be
counted.
Voter Seeking a Permanent Exemption: A voter may submit an application for a
permanent exemption in person at the voter registrar. A voter may also submit the
application via facsimile or regular mail, but the application must be completed with the
requisite paperwork attached, and received by the voter registrar no later than the sixth
calendar day after election day.
Voter Seeking a Temporary Exemption: If a voter has a consistent religious objection to
being photographed, or a voter does not present an acceptable form of photo
identification as a result of a natural disaster, as declared by the President of the United
States or the Texas Governor, the voter may vote a provisional ballot, and then appear at
the voter registrars office by the sixth calendar day after election day to sign an
affidavit swearing to the religious objection or natural disaster. If the voter takes these
steps to execute an affidavit for a temporary exemption, their provisional ballot will be
counted.
6. If a voters name does appear on the precinc ts list of registered voters,
may the voter still vote?
Yes, if the voter has a current voter registration certificate, showing the voter is
registered in the precinct in which the voter is appearing, and (1) an acceptable form of
photo identification, or (2) a reasonable impediment or difficulty to obtaining an
acceptable form of photo identification and an acceptable form of supporting
identification. Also, if the voter has a current voter registration certificate showing the
voter is registered in a different precinct, and (1) an acceptable form of photo
identification, or (2) a reasonable impediment or difficulty to obtaining an acceptable
form of photo identification and an acceptable form of supporting identification, the voter
may execute an affidavit stating that the voter is a resident of the precinct and entitled to
vote, 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, did
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not deliberately provide false information to secure registration in a precinct in which I

do not reside, and is voting only once in the election. This affidavit is entitled the
Affidavit for Voter Not on List and appears on the Combination Form.
If the voter is not on the list of registered of voters and does not have a valid
voters registration certificate, the voter should be advised of the right to
vote a provisional ballot.
7. What does the S notation on the list of registered voters indicate?
An S notation means a voter has been placed on the Suspense List because
he or she has probably moved. If a voter with an "S" notation desires to
vote, the voter must sign the Statement of Residence (Refer to Attachment C)
on which they must provide their current residence address, which must be
located within the same county. The voter must vote in his or her old
precinct. If the voter submits a Statement of Residence for a different county,
the county voter registrar shall forward the Statement of Residence form to
the voters new county voter registrar.
NOTE that once a voter has moved to another county, the voter may not
return to the previous county of residence to vote (but may be able to vote a
limited ballot in the new county during the early v oting period, if there are
offices or propositions in common between the old and the new county).
8. What does the ID notation on the list of registered voters indicate?
The ID notation alerts the judge to the fact that a voter has either not been
issued a Texas Driver's License or personal ID number or a social security
number or the numbers provided could not be verified, and the voter must
present an acceptable form of photo identification, or , if the voter has a
reasonable impediment or difficulty to obtaining an acceptable form of photo
identification, the voter must present an acceptable supporting form of
identification and execute a Reasonable Impediment Declaration.
9. What does an election official do if the name on the ID presented by the
voter does not match the voters name as it appears on the official list of
registered voters?
The voter may still be accepted for voting a regular ballot if the election official
determines that the voters name on the ID is substantially similar to the name on the
list of registered voters. A voters name is considered substantially similar if one or more
of the following circumstances applies:
a. The name on the ID is slightly different from one or more of the name fields on the
official list of registered voters.
b. The name on the voters ID or on list of registered voters is a customary variation of
the voters formal name. For example, Bill for William, or Beto for Alberto.
c. The voters name contains an initial, middle name, or former name that is either not
on the official list of registered voters or on the voters ID.
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d. A first name, middle name, former name or initial of the voters name occupies a
different field on the presented ID document than it does on the list of registered
voters.
In considering whether a name is substantially similar, election officials should also look
at whether information on the presented ID matches elements of the voters information
on the official list of registered voters such as the voters residence address or date of
birth.
If the election official determines the name is substantially similar, the voter may be
accepted for voting after initialing the Similar Name Affidavit on the Combination Form.
F. Casting a Ballot
1. What is the difference between paper ballots and optical scan ballots?
Paper ballots are ballots hand -counted by the election officials. Optical
scan ballots are paper ballots electronically counted by a machine.
2. What if a voter picks up the wrong ballot?

If the voter does not walk away from the table with the wrong ballot, it can
simply be placed with the new ballots to be given to another voter. If the
voter walks to the voting booth with the wrong ballot before the voter
realizes it is the wrong ballot and returns the ballot to the Election Judge,
the ballot should be treated as a spoiled ballot, regardless of whether the
voter marked the ballot.
3. What if the voter incorrectly marks the ballot?
If the ballot has already been deposited into the ballot box, its too late for
the voter to receive another ballot. If the ballot has not been deposited, the
voter may ask for another ballot. The voter is entitled to ask for up to three
ballots.
4. Should voters select their own ballot?
Yes. The voter should always select the voters own ballot.
5. Should there be instructions on ballots?
Yes. Instructions are required to appear on the ballot or ballot label
depending on the type of voting system used.
6. What is the proper display of ballots?
Ballots should be placed faced down and signed by the election judge, but
they should not be in numerical order. There is no minimum number of
ballots required to be displayed as long as the voter has a choice of several.
Also, there should be an additional set of provisional ballots for voters from
which to select. The provisional ballots should also have provisional
stamped on the back, along with the election judges signature.
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7. May voters walk over to another booth where there is someone voting?
No, voters should not talk to each other while voting, even if they are
married to each other.
8. Are election officials required to check voting booths for election -related
materials discarded by previous voters?
Yes. The law requires election officials to periodically check each voting
station and common areas of the polling place for sample ballots or other
written election materials pertaining to the election that may have been left
by previous voters.
9. What should the election officials do if they run out of ballots?
First, if the judge sees that the quantity of ballots is getting low, the judge
should call the authority responsible for ordering the ballots (e.g., county
clerk, city secretary, school superintendent) to obtain additional ballots or
have more reproduced. In an emergency situation, they may make copies of a
ballot or if no ballots are remaining, have the voter provide their vote
choices on a blank sheet of paper.
10. What should the election judge do if the supply of combination forms
runs out?
Contact the person in charge of the election (e.g., county clerk, city
secretary, school superintendent) to obtain additional forms. If necessary,
make copies of the form before the supply is completely exhausted.
11. Is it true that ballots should be marked with an indelible marker (non erasable)?
Yes. The Election Code requires that an indelible marker be used to mark
ballots, and is defined as an instrument that makes marks that cannot easily
be removed or erased.
G. Assistance to a Voter
1. How many election officials should assist a voter if the voter requests
assistance from the election officials?
On election day, a voter who is qualified to receive assistance must be
assisted by two election officials. Instead of being assisted by election
officials, a voter may also be assisted by any person of the voters choice, as
long as the assistant is not an agent of the voters employer, or an officer or
agent of the voters labor union, if any, and they take the oath of assistance.
During early voting, a voter may be assisted by one election official.
2. Are interpreters allowed in the polling place?
Yes. The voter may communicate through an interpreter selected by the voter
or provided by the political subdivision if the voter does not provide his or
her own interpreter, regardless of whether an election officer who attempts
to communicate with a voter und erstands the language used by the voter.
Before serving as an interpreter, the person selected as the interpreter must
take the Oath of Interpreter administered by an election officer. The
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interpreter may be any person selected by the voter other than the voters
employer, an agent of the voters employer, or an officer or agent of a labor
union to which the voter belongs. NOTE: This is a change in prior law, due
to Court Orders issued on August 12 and 30, 2016.
3. What election materials may a voter bring into the polling place?
A voter may bring written campaign materials into the polling place to assist
in marking his or her ballot.
H. Securing Voted Ballots
1. Are provisional ballots placed in a separate box?
Yes. The provisional ballots, sealed in a ballot secrecy envelope and then in
the provisional ballot envelope, must be placed in a secure container
separate from the regular voted ballots .
2. How many seals and locks are the ballot boxes required to have?
On election day, only one lock is required. The ballot box must, in addition
to being locked, be sealed before the box is delivered to the central counting
station either with a wire seal or paper seal (depending on the design of the
ballot box). If optical scan ballots are used, pre -locked, pre-sealed ballot
boxes must be used during the time the polls are open. These boxes are
locked and sealed before the polls open and are not opened until delivered to
the central counting station.
During early voting, two locks plus a wire hasp seal are requ ired, and, if
necessary, the paper seal, which covers the slot through which voters deposit
their ballots.
I. Counting Ballots and Posting Number of Voters
1. May ballots be counted prior to 7:00 p.m. when the polls close?
Yes. As long as there are at least 10 ballots in the box each time counting
begins, and as long as it is past 8 a.m. This is for regular paper ballot
jurisdictions only. Optical scan ballots are sent to the central counting
station after the polls close to be counted.
2. How often should the total number of voters be posted on the door
outside the polling place?
Election officials should post the number of people who have voted every two
hours, beginning at 9:30 a.m. and ending at 5:30 p.m.
J. Electioneering
1. Who can provide rides to polling places?
Anyone may provide a ride to the polling place (candidates, campaign
workers, etc.). However, these individuals are still prohibited from
electioneering within the 100-foot area outside the door to the building in
which the polling place is located.
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2. What is considered electioneering?

Electioneering includes promoting a candidate, measure, or political party
through verbal or written communications. This includes buttons, t -shirts,
and bumper stickers.
3. What is the distance limitation for electioneering?
Electioneering is prohibited inside the polling place and up to a 100 -ft.
radius of any entrance into building in which the polling place is located .
4. What should the election judge do if electioneering is taking place within
100 ft.?
The election judge should ask the violators to move outside the distance
marker. If the individuals continue to disobey the election judge, the judge
may contact a peace officer to maintain order.
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ATTACHMENT A
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ATTACHMENT B
FRONT SIDE
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ATTACHMENT B
BACK SIDE
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ATTACHMENT C
FRONT SIDE
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ATTACHMENT C
BACK SIDE
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ATTACHMENT D
Secretary of State
Pursuant to VTCA, Election Code Sec. 34.001
NAME
Is Designated as an Election Inspector
For All 2016 Elections
Carlos H. Cascos, Secretary of State
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EARLY VOTING BALLOT BOARD

1.
What is an Early Voting Ballot Board?

The board is a group of individuals assigned the task of processing and, in
some cases, counting early voting ballots. In some elections, the election
judge and clerks serving a polling place may also serve as the early voting
ballot board. The Early Voting Ballot Board will also be the authority on
whether a provisional ballot is or is not counted when it reconvenes after
election day to review provisional ballots .
2.
Should signatures on the application for ballot by mail and the carrier
envelope match?
The board must determine if the signatures could have been written by the
same person. If it appears that the signatures are not by the same person, then
the board rejects the ballot, unless one of the documents was witnessed
because the voter could not sign.
3.
What if there are no signatures?

The ballot should be rejected if the carrier envelope has no signature, unless
signed by a witness indicating the voter cou ld not sign the carrier envelope.
4.
May EARLY VOTING BALLOTS be counted prior to 7 A.M. on election

day when the polls open?
Yes. The Election Code allows the early voting ballot board in counties with a
population of 100,000 or more (and political subdivisions holding joint
elections in such counties) to begin counting after the before of the early
voting period. These populated counties do not have to wait until after 7:00
a.m. on election day to begin counting. However, no vote totals may be
released before 7:00 p.m. on election day.
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CENTRAL COUNTING STATION

1.
What happens if a mark on a voters ballot is unclear?

A team of ballot qualifiers (commonly referred to as the resolution board) will
review the ballot. If they are able to determine the intent of the voter, the
ballot should be duplicated, if necessary, so the ballot tabulating system will
be able to accurately count the ballot.
2.
If the voters intent is unclear on a particular office or measure, is the

entire ballot void?
No, each office and/or measure is considered independent of each other; only
the unclear office(s) or measure(s) would be voided (not count ed). The
remainder of the ballot should be counted.
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INSPECTOR TIPS
B
E F O R E
E A V I N G
F O R
O U R
R I P
Go through your packet and check for the locations of your polling places on the
map enclosed or via one of the online maps. If you need to purchase a local map,
you will be reimbursed, as long as the receipt and the map are submitted with your
final travel memorandum. Read the handbooks enclos ed.
R R I V I N G
A T
T H E
O L L I N G
L A C E
1. Make sure that you are wearing your badge. (Refer to Attachment D).
2. Introduce yourself to the election judge.
3. Tell him/her you are there to observe and monitor the election on behalf of the
Office of the Secretary of State.
4. Observe the activities at the table where voters are being qualified to vote or in
the area where the votes are being cast and counted.
5. Review the checklist that was given to you. Upon completing the checklist, if
the polling place appears calm, spend a few more minutes and then continue to
the next polling place.
6. Inform the election judge that you are leaving to go to another polling place and
that you may come back later.
7. CENTRAL COUNTING STATION. If you are asked to go to the central
counting station, it is very important that you remain there until all votes have
been tabulated. Please remind the election judge to call in final results as soon
as possible to our office (if applicable - only for certain elections).
8. Point out any irregularities. If there is something illegal taking place, notify the
election judge. If the judge does not do anything about it, call this office.
Remember, everything should be noted on your report.
9. Always call in if you have any questions or if you are not sure about something.
There are always plenty of staff on -line ready to assist you.
10. CHECK-OFF LIST. Your report should be filed with the Secretary of State
within 5 working days after you return to the office OR as otherwise instructed.
11. If you have any questions, please contact this office toll -free at 1-800-252-2216
and press 5 for a staff member.
12. Be pleasant at all times.
13. Maintain a professional distance from the election workers.
14. If a poll watcher asks you a question, tell him/her to go to the election judge for
an answer.
15. If a poll watcher points out an irregularity, tell him/her to go tell the election
judge.
16. REMEMBER that you are just an observer and are not in charge of running the
election. You must not get involved in any part of the election process except to
point out an irregularity to the election judge.
17. You must be wearing your inspector badge ID at all times.
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T
1.
2.
3.
4.
5.
6.
7.
H I N G S
O T
Take sides.
Become too familiar with anyone in the polling place.
Talk to anyone in the polling place, except the election officials.
Contact anyone connected with the petitioners.
Allow anyone connected with the election to pay for your meal or hotel.
Argue with the election judge.
Cause the election judge any embarrassment.
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YOUR RIGHTS AND DUTIES

A state inspector is entitled to be present at and observe any function or activity
at a polling place, central counting station, ballot board meeting, place of
canvass, or other place at which official election or voter registration functions
or activities take place. An inspector may take reasonable steps to obtain
information regarding a function or activity being performed at a polling place.
A state inspector may not observe the preparation of a voters b allot, unless the
voter is being assisted by an election officer.
A state inspector shall report to the Secretary of State any violation of law that
the inspector observes.
H E C K L I S T
First, the checklist is not public information until it has been reviewed by our office
after the election. Do not show anyone the checklist. If someone would like a copy
of the findings or observations, they may request this information in writing from
our office. All election inspectors are required to complete a c hecklist, with notes
at the end of the checklist to explain anything that may need further explanation.
The checklist will be in your packet. Please complete the checklist at the polling
location and add any notes as soon as possible after you leave the location so that it
is fresh in your mind. You must complete every check box whether it be Yes (Y),
No (N), Not Applicable (N/A), or Not Observed (N/O). The checklist will be sent
to you electronically after you return from your assignment and will be fi led
electronically with our office no later than five (5) days after your return to office.
As you prepare your checklist, remember that these are open records, which may be
released to the media. Also, our office has a procedure in which we automatically
send a copy of the report to the political subdivision conducting the election. Try
to note only the facts you observed and avoid stating your opinion or reporting
something you were told, but did not witness. For example, instead of writing the
County Clerk was rude, a better option is to write the County Clerk failed to
properly explain voting procedures.
If you are required to observe the central counting station, include your
observations in the note area on the back of the checklist. If you are required to be
at the early voting ballot board meeting, you will be provided an additiona l
checklist regarding ballot board procedures.
THANK YOU FOR YOUR SERVICE.
-25-
EXHIBIT
C
POLL WATCHERS GUIDE
Issued by the
SECRETARY OF STATE
ELECTIONS DIVISION
P.O. Box 12060
Austin, Texas 78711-2060
www.sos.state.tx.us
(512) 463-5650
1-800-252-VOTE (8683)
Dial 7-1-1 for Relay Services
Updated: September 2016

TABLE OF CONTENTS
INTRODUCTION ........................................................................................................................................ 2
QUICK POINTS TO REMEMBER ............................................................................................................. 2
VOTER ID UPDATE ................................. . 3
QUALIFICATIONS OF WATCHER .......................................................................................................... 4
APPOINTMENT OF WATCHER................................................................................................................ 5
Appointment of watcher by political parties: ................................................................................................ 5
Appointment of watcher by a candidate: ...................................................................................................... 6
Appointment of watcher for elections on measures: ..................................................................................... 6
Maximum number of watchers: .................................................................................................................... 6
Activities a poll watcher may observe: ......................................................................................................... 7
ACCEPTANCE OF WATCHER.................................................................................................................. 7
Time for reporting to the polling place:........................................................................................................ 7
CERTIFICATE OF APPOINTMENT .......................................................................................................... 8
Issuance of certificate: .................................................................................................................................. 8
DUTIES AND PRIVILEGES OF WATCHER .......................................................................................... 10
MISCELLANEOUS ................................................................................................................................... 12
Possible illegal activities: ........................................................................................................................... 12
Persons allowed in the polling place: ......................................................................................................... 13
Provisional Voting: ..................................................................................................................................... 14
Using English and interpreters:.................................................................................................................. 17
Casting the ballot:....................................................................................................................................... 18
Recount Watcher ......................................................................................................................................... 18
Recount Watcher Qualifications ................................................................................................................. 18
Permitted Number of Recount Watchers ..................................................................................................... 18
Recount Watcher Appointment.................................................................................................................... 19
Recount Watchers Duties........................................................................................................................... 20
CONCLUSION ........................................................................................................................................... 20
INTRODUCTION
This Poll Watchers Guide has been designed to familiarize poll watchers with their basic
rights and responsibilities. The integrity of elections is a concern of all citizens, and although
poll watchers may represent particular candidates, political parties or specific-purpose political
action committees, their main interest is in the conduct of a fair and honest election.
A poll watchers role in an election is established by Chapter 33 of the Texas Election Code
and is defined as follows:
Poll Watcher a person appointed to observe the conduct of an election on behalf of:
a candidate,
a political party, or
the proponents or opponents of a measure (specific-purpose political action committees).
Throughout this guide, all references are made to appropriate sections in the Texas Election
Code, unless otherwise noted.
QUICK POINTS TO REMEMBER
In order to serve as a poll watcher, you must show up with a certificate of appointment
that includes:
o Name, residence address, and voter registration number of the poll watcher;
o The signature of the person(s) making the appointment;
o The election and the number of the precinct where the poll watcher is to serve;
o An indication of the capacity in which the appointing authority is acting;
o In an election on a measure, an identification of the measure (if more than one is
to be voted on) and a statement of which side the appointee represents;
o An affidavit to be executed by the poll watcher that the poll watcher will not have
possession of any mechanical or electronic means of recording images or sound
while serving as a watcher unless the poll watcher disables or deactivates the
device; and
o The signature of the poll watcher.
Be ready to counter-sign the certificate of appointment in front of the election judge.

This serves not only to certify that the person presenting themselves as a poll watcher is
the person named on the appointment, but also as the execution of the affidavit that the
watcher does not have possession of any prohibited recording devices.
If you are serving on election day and want to vote in a different precinct (from the
location of service), we recommend voting during the early voting period, before your
service as a poll watcher.
VOTER ID UPDATE NEW PROCEDURES

Pursuant to a court order issued on August 10, 2016, a voter who has obtained an acceptable
form of photo ID listed below must present such acceptable form of photo ID. Voters who have
not been able to obtain one of the forms of acceptable photo identification listed below, and have
a reasonable impediment or difficulty to obtaining acceptable photo identification may present a
supporting form of identification of the voter and execute a Reasonable Impediment Declaration,
noting the voters reasonable impediment or difficulty to obtaining an acceptable form of photo
identification, stating that the voter is the same person who personally appeared at the polling
place, and stating that the voter is casting a ballot while voting in-person.
Here is a list of the acceptable forms of photo ID:
Texas driver license issued by the Texas Department of Public Safety (DPS)
Texas Election Identification Certificate issued by DPS
Texas personal identification card issued by DPS
Texas license to carry a handgun issued by DPS
United States military identification card containing the persons photograph
United States citizenship certificate containing the persons photograph
United States passport
With the exception of the U.S. citizenship certificate, the identification must be current or have
expired no more than 4 years before being presented for voter qualification at the polling place.
NOTE: This is a change from previous procedure. Prior law required that the photo ID not
be expired for more than 60 days.
Here is a list of the supporting forms of ID that can be presented if the voter cannot obtain, and
has a reasonable impediment or difficulty to obtaining one of the forms of acceptable photo ID:

Copy of or original government document with the voters name and an address (original
required if it contains a photograph)
After presenting a supporting form of ID, the voter must execute a Reasonable Impediment
Declaration. The election judge, election clerk, or poll watcher cannot question the
reasonableness or truthfulness of the impediment claimed by the voter. The poll watcher is
not permitted to communicate in any manner with any voter concerning the Reasonable
Impediment Declaration procedures or presentation of identification.
On the Reasonable Impediment Declaration, the voter must print their name, indicate the reason
the voter is not able to obtain one of the seven forms of acceptable photo ID, and then sign and
3

date the form in the presence of the election judge. The election judge must then indicate that
the form was signed and sworn before the judge by also signing and dating the form. Either the
poll worker or the election judge should also check the box listing the form of supporting ID the
voter presented, and fill in the Date of Election and Location fields.
NOTE: The address on either a supporting form of ID or an acceptable photo identification does
not need to match the address on the list of registered voters.
Substantially Similar Name Affidavit

Finally, note that, as was the case in prior law, if the voters name on the list of registered voters
does not match exactly to the ID presented (either an acceptable form of photo ID or a
supporting form of ID), the voter must complete the Substantially Similar Name Affidavit on
the Combination Form.
QUALIFICATIONS OF WATCHER
Q.
A.
What are the qualifications of a watcher?

A watcher must:
1. be a registered voter of the territory (e.g., city, school district) covered by the election
and of the county for November general elections for state and county officers (held
on even-years), primary elections, or other countywide elections; [Sec. 33.031]
2. NOT be a candidate for public office in an election held on the day the watcher seeks
to serve; [Sec. 33.032]
3. NOT hold an elective public office; [Sec. 33.034]
4. NOT be an employee of an election judge or clerk serving at the same polling place;
[Sec. 33.033]
5. NOT been finally convicted of an offense in connection with conduct directly
attributable to an election; [Sec. 33.035] and
6. NOT be related within the second degree of consanguinity or affinity (as determined
by Tex. Govt. Code, Chapter 573, Subchapter B, Secs. 573.022 - 573.025)1 to an
election judge or clerk serving at that polling place. A watcher may be related to the
candidate the watcher is representing. [Sec. 33.033]
Q:
Can a person who has been finally convicted of an election offense serve as a
watcher?
A:
No. A person convicted of any election offense cannot serve as a watcher. [Sec. 33.035]
Q.
Does a poll watcher need to live within the election precinct in which the watcher is
serving?
A.
No.
Q.
Can a person serve as a watcher in an election if they are a candidate running for a
public office?
1
These include spouses, siblings, grandparents, and grandchildren.

4

A.
No. A person is ineligible to serve as a watcher in an election if the person is a candidate
for public office in an election to be held on the same day. [Sec. 33.032].
Q.
A.
Are elected public officials allowed to serve as watchers in any election?

No. A person who holds elected public office is ineligible to serve as a watcher.
[Sec. 33.034].
Q.
Can officers of a political party serve as watchers?
A.
Yes. They may serve because they are not public officers as political parties are not
public entities. [Sec. 33.034].
Q.
Can a watcher work for or be related to any of the election officials?
A.
No. The watcher cannot be an employer of or employee of or related within the second
degree to an election judge, election clerk, early voting clerk or deputy clerk. [Sec. 33.033].
Q.
A.
Can a candidates spouse or child serve as a watcher?

Yes.
APPOINTMENT OF WATCHER
APPOINTMENT OF WATCHER BY POLITICAL PARTIES:
Q. Who appoints a watcher on behalf of political parties?

A. 1. The county chair of each political party that has a nominee(s) on the official ballot may
appoint watchers. [Sec. 33.003(a)].
2. Any three members of the county executive committee may appoint watchers, if the
county chair fails to act. [Sec. 33.003(b)].
APPOINTMENT OF WATCHER BY A CANDIDATE:

Q. Who appoints a watcher on behalf of candidates?
A. 1. A candidate whose name appears on the official ballot or on the list of declared write-in
candidates in an election for any office (other than the office of Vice-President of the
United States) may appoint a watcher. In other words, watchers may be appointed by any
candidate whose name appears on the ballot other than the candidate for Vice President.
For a state office that is filled by voters of more than one county, the candidates
campaign treasurer also may appoint a watcher. [Sec. 33.002(a) & (b)].
2. For a federal office that is filled by voters of more than one county, the chair or treasurer
of the candidates principal campaign committee or a designated agent of the campaign
chair or treasurer may appoint a watcher. [Sec. 33.002(c)].
3. A group of registered voters may appoint watchers on behalf of a write-in candidate in an
election in which declarations of write-in candidacy are not required to be filed. The
minimum number of voters required to make an appointment under this section is the
5

lesser of 15 or five percent of the registered voters of the appropriate territory as
determined from the list of registered voters to be used for the election.
To be eligible to sign an appointment of a watcher to a precinct polling place, a person
must be a registered voter of the precinct.
To be eligible to appoint a watcher to an early voting polling place, early ballot board
meeting, or a central counting station, a person must be a registered voter of the county,
city, school district or other political subdivision conducting the election. [Sec. 33.004].
APPOINTMENT OF WATCHER FOR ELECTIONS ON MEASURES:
Q. Who appoints a watcher for elections on measures?
A. The campaign treasurer or an assistant campaign treasurer of a specific purpose political
action committee that supports or opposes a measure may appoint watchers. [Sec.
33.005(a)]. For information on establishing a specific purpose political action committee,
please contact the Texas Ethics Commission at 1-512-463-5800 or www.ethics.state.tx.us.
MAXIMUM NUMBER OF WATCHERS:
Q. What is the maximum number of watchers that can be appointed by each appointing
authority?
A. 1. A maximum of seven (7) watchers may be appointed for each early voting polling place
(No more than two may be on duty at the same location and at the same time); and
2. A maximum of two (2) watchers may be appointed for each precinct polling place,
meeting place for an early voting ballot board, or central counting station involved in the
election. [Sec. 33.007].
ACTIVITIES A POLL WATCHER MAY OBSERVE:
A poll watcher is entitled to observe the following activities at early voting by personal
appearance locations and election day locations:
1. Early voting by personal appearance polling place activities, including time before and after
the polls close.
NOTE:
If present, a poll watcher should sign ballot box seals placed on early
voting ballot boxes.
2. Election day polling place activities, including time before and after the polls close.
3. Early voting ballot board meeting activities.
4.
5.
6.
7.
Central counting station activities.

Central accumulation station activities.
Signature verification committee activities.
Voter being assisted by an election official.
NOTE:
A watcher may not be present at the voting station when a voter is
preparing the voter's ballot or is being assisted by a person of the voter's
choice, including by a person also serving as an interpreter at the voting
station.
6

8. Inspecting and securing the voting equipment. [Sec. 33.059]. (Must present certificate of
appointment; certificate must be returned to the watcher.)
9. Delivery of election results from polling place. [Sec. 33.060]
ACCEPTANCE OF WATCHER
TIME FOR REPORTING TO THE POLLING PLACE:
Q. What time do watchers need to report to the polling place, and how long do they need to
stay at that polling place?
A. 1. At the polling place on election day, a poll watcher:
may begin service at any time after the presiding judge arrives and may stay at the
polling place until election officials complete their duties.
may come and go after watcher has served 5 consecutive hours. [Sec. 33.052].
NOTE:
If watcher leaves polling area temporarily to use cell phone or other

wireless device, this temporary absence does not affect his 5 hours of
consecutive service.
2. At an early voting polling place, a poll watcher:

may be present at the polling place at any time it is open and until voting equipment is
secured on the close of voting each day.
may serve during the hours the watcher chooses. [Sec. 33.053].
NOTE:
A poll watcher may be appointed to observe early voting by personal
appearance only; a poll watcher is not entitled to observe the procedures
related to early voting by mail. A poll watcher cannot obtain a copy of an
application for a ballot to be voted by mail from the early voting clerk
until after the last election for which the application is valid. Therefore, an
Annual ABBM will not be available for public inspection or copying until
the last election held each calendar year for which the application is valid.
[Sec. 86.014]. The information placed on the early voting roster of people
wo voted by mail is not available for public inspection by anyone until the
first business day after election day or the day following the day the
voters ballot is received by the early voting clerk, except to the voter
seeking to verify that the information is accurate. [Sec. 87.121].
3. At an early voting ballot board meeting (including the signature verification committee), a
poll watcher:
may be present at any time the board is processing or counting ballots and until the
board completes its duties.
may not leave during voting hours on election day without the early voting ballot board
judges permission once the board has begun counting the ballots. [Sec. 33.054].
4. At the central counting station, a poll watcher:
may be present at any time the central counting station is open for the purpose of
processing or preparing to process election results and until the election officers
complete their duties at the station.
7

may not leave during voting hours without the presiding judges permission, if the
counting of ballots at the central counting station has begun. [Sec. 33.055].
NOTE:
The presiding judge of the central counting station, in cooperation with the
county clerk/elections administrator, may to choose to withhold the release
of vote totals until the last voter has voted.
CERTIFICATE OF APPOINTMENT
ISSUANCE OF CERTIFICATE:
The appointing authority must issue a certificate of appointment to the watcher. [Sec. 33.006(a)].
Q. What information needs to be on the certificate?
A. The certificate of appointment must be in writing and must include the following:
1. Name, residence address, voter registration number, and signature of the watcher;
2. The election and the number of the precinct (or other location, for example, early voting
ballot board meeting) at which the watcher is appointed to serve;
3. The signature of the person(s) making the appointment;
4. An indication of the capacity in which the appointing authority is acting, (example: as a
candidate, a campaign treasurer or assistant campaign treasurer of a specific-purpose
political action committee);
5. In an election on a measure, an identification of the measure (if more than one is to be
voted on) and a statement identifying which side the appointee represents; and [Sec.
33.006(b)].
6. An affidavit executed by the poll watcher that the poll watcher will not have possession
of any mechanical or electronic means of recording images or sound while serving as a
watcher unless the poll watcher disables or deactivates the device. (This affidavit is
signed in the presence of the presiding judge; that signature also serves as the
countersignature, which is discussed below.)
NOTE:
Officially-prescribed poll watcher appointment forms may be
found at this link:
http://www.sos.state.tx.us/elections/forms/index.shtml.
Q. What are the requirements for a certificate of a watcher appointed on behalf of a nondeclared write-in candidate?
A. Additional requirements necessary for a certificate of appointment of a watcher for a nondeclared write-in candidate include:
1. the residence address and voter registration number of the lesser of 15 voters or 5
percent of the registered voters in the precinct or political subdivision, as applicable;
2. the signed statement of the candidate, or a person who would be authorized to make
appointments on the candidates behalf if the candidates name appeared on the
ballot, that the appointment is made with the signers consent [Sec. 33.004(b)]; and
3. the residence or office address of the write-in candidate or the person who would be
authorized to make appointments on the candidates behalf if the candidates name

appeared on the ballot. If the candidate does not sign, the signer must indicate his or
her relationship to the candidate. [Sec. 33.006(c)].
Q. How does one present a certificate of appointment?
A. 1. A watcher must deliver a certificate of appointment to the presiding judge at the time the
watcher reports for service. [Sec. 33.051(a)].
2. The officer presented with a watchers certificate of appointment must require the watcher
to countersign the certificate in the officers presence to verify that the watcher is the same
person who originally signed the certificate. The watchers signature is in the portion of
the certificate containing the affidavit that the watcher does not have possession of any
prohibited recording devices; this serves both as the acknowledgement of the affidavit and
as the countersignature. [Sec. 33.051(b)].
3. A watcher may not be accepted for service unless an affidavit executed by the poll
watcher that the poll watcher will not have possession of any mechanical or electronic
means of recording images or sound while serving as a watcher unless the poll watcher
disables or deactivates the device.
4. The judge must keep the certificate in envelope no. 2 (or other designated container)
which is returned to the custodian of election records after the election. [Sec. 66.023(7)].
5. The certificate of a watcher serving at an early voting polling place must be retained at the
polling place until voting is concluded at the polling place. At each subsequent time that
the watcher reports for service at that location, the watcher shall inform the clerk or
deputy in charge. The officer may require the watcher to sign the watcher's name in the
officer's presence, for comparison with the signature on the certificate, if the officer is
uncertain of the watcher's identity. [Sec. 33.051(d)].
6. If the watcher is rejected, the certificate should be returned to the watcher with a signed
statement of the reason for the rejection. [Sec. 33.051(e)].
DUTIES AND PRIVILEGES OF WATCHER
Q. What are a watchers duties?
A. The primary duty of a watcher is to observe the conduct of the election at the location where
the watcher has been appointed. A watcher may point out to an election judge or clerk any
observed irregularity or violation of the Texas Election Code. However, if the clerk refers
the watcher to the judge, the watcher may not discuss the matter further with the clerk unless
the presiding judge invites the discussion. [Sec. 33.058(b)].
Q: May watchers wear name tags?
A: In fact, they must. A poll watcher MUST wear a form of identification prescribed by the
Secretary of State and provided by the presiding judge or other election officer. [Sec.
33.051(f)].
Q. What are watchers NOT allowed to do while on duty?
A. 1. Talk with an election officer regarding the election except to call attention to an
irregularity or violation. [Sec. 33.058(a)(1)].
2. Converse with a voter. [Sec. 33.058(a)(2)].
9

3. Converse with other watchers. [Sec. 33.058].
4. Communicate in any manner with a voter regarding the election. [Sec. 33.058(a)(3)].
5. Leave during voting hours on election day without the presiding judges permission unless
the watcher has completed 5 consecutive hours of service at the polling place. If the
watcher leaves without permission and prior to completing the 5 hours of service, the
presiding judge may refuse to readmit the watcher.
NOTE:
The watcher must be allowed to leave to use a wireless communication

device and be readmitted to the polling place, if the watcher returns
promptly. This does not constitute an interruption in the watchers 5 hours
of consecutive service. [Sec. 33.052(b)].
6. Reveal the following information before the polls close:

How a voter has voted; this offense is a third degree felony. [Sec. 61.006(b)].
The number of votes that have been received for a candidate or for or against a measure;
this offense is a Class C misdemeanor. [Sec. 61.007(a)(1)].
A candidates position relative to other candidates in the tabulation of the votes; this
offense is a Class C misdemeanor. [Sec. 61.007(a)(2)].
Whether a measure is passing or failing; this offense is a Class C misdemeanor. [Sec.
61.007(a)(3)].
The names of persons who have or have not voted in the election; this offense is a Class
C misdemeanor. [Sec. 61.007(a)(4)].
Q. What is a watcher permitted to do while on duty?
A. A watcher must be permitted, but is not required to:
1. Witness the installation of voting system equipment at the polling place. [Sec.33.059].
2. Observe the securing of voting system equipment before the election. [Sec. 33.059].
3. A poll watcher may leave the polling place temporarily in order to use a cell phone or
other wireless communication device. If the poll watcher promptly returns, he or she is
considered to have served continuously as that term is used for calculating his or her
continuous 5 hours, which allows the watcher to come and go. [Sec. 62.011].
4. Sit or stand conveniently near the election officials to observe the activities of the
election. [Sec. 33.056(a)].
5. Make written notes while on duty. However, if the watcher is permitted to leave the
polling place while the polls are open, the watcher may be required to leave his or her
written notes with another person selected by the watcher who is on duty at the polling
place. [Sec. 33.056(d)].
6. Observe assistance given to voters by election officials and inspect the ballot before it is
deposited in the ballot box to determine if it was prepared in accordance with the voters
wishes. [Sec. 33.057(a)].
NOTE: A watcher may not be present at the voting station when a voter is
preparing the voter's ballot or is being assisted by a person of the voter's
choice, including by a person also serving as an interpreter at the voting
10

station. [Sec. 33.057(b); U.S.D.C. W.D. Tex. Civil Action No. 1:15-cv-00679RP (Docket Nos. 60, 66) (hereinafter Docket Nos. 60, 66)]].]
7. Inspect the returns and other records prepared by the election officers. [Sec. 33.056(c)].
8. A watcher may not participate but may observe the tallying and counting of the votes to
verify that the votes are tallied and read correctly. [Sec. 33.056(b)].
9. Accompany authorized election officials in delivering election records from a precinct
polling place, an early voting polling place, a meeting place for an early voting ballot
board, or a central counting station. [Sec. 33.060(a)].
NOTE:
Poll watcher and election officials do not need to ride in the same vehicle.
[Sec. 33.060(b)].
10. Witness securing of the voting system equipment at the time the polls close. [Sec.
125.063].
11. Receive an English translation of any language spoken other than English between an
election official and a voter. [Sec. 61.036].
Q. Can a watcher leave the election day polling place temporarily during the time the polls
are open?
A. Yes. Once a watcher has served more than 5 consecutive hours at the polling place, the
watcher gains the privilege to leave the polling place and return at the hours he or she
chooses, except that if the watcher is present when ballots are being counted, the watcher
may not leave until the counting is complete. Additionally, the watcher may briefly leave the
polling place to use his or her cell phone or other wireless device, and this does not interrupt
the watchers 5 hours of continuous service, if the watcher returns promptly. [Sec.
33.052(a)].
Q. Can a watcher leave in order to vote at another polling place?
A. The watcher may leave to vote and return if the watcher has served more than 5 consecutive
hours at the polling place. If the watcher has not yet served 5 consecutive hours, whether he
or she will be allowed back into the polling place is at the judges discretion. [Sec.
33.052(a)]. We recommend voting during the early voting period, before your service as a
poll watcher.
Q. Can a watcher leave the polling place after the time for closing the polls without
obtaining permission from the presiding judge?
A. The watcher may leave without permission from the judge; however, if the watcher wishes to
return to the polling place, the watcher must have served at least 5 consecutive hours at the
polling place. If not, once the watcher leaves, he or she may return only at the discretion of
the judge. Additionally, if the watcher is present at the polling place when ballots are being
counted, the watcher may not leave until the counting is complete. [Sec. 33.052(a)]
MISCELLANEOUS
POSSIBLE ILLEGAL ACTIVITIES:
Q. What illegal activities should a watcher look for?
11

A. The election judge may be notified of any activity that appears to be prohibited by law.
If any of the following activities occur, bring it to the election judges attention and note the
individual(s) involved, including time and place of occurrence:
1. Election workers allowing voters to vote a regular ballot who do not (1) present an
acceptable form of photo identification; or (2) present a supporting form of ID and execute a
Reasonable Impediment Declaration; or (3) present a Voter Registration Certificate with an
E notation on it [Sec. 63.001(a); August 10, 2016 Court Order]
Pursuant to a court order issued on August 10, 2016, a voter who has obtained an
acceptable form of photo ID, from the list referenced below, must present it in order to
vote in person. Voters who have not been able to obtain one of the forms of acceptable
photo identification listed below, and have a reasonable impediment or difficulty to
obtaining acceptable photo identification, may present a supporting form of identification
of the voter and execute a Reasonable Impediment Declaration, noting the voters
reasonable impediment or difficulty to obtaining an acceptable form of photo
identification, stating that the voter is the same person who personally appeared at the
polling place, and stating that the voter is casting a ballot while voting in-person..
Please see Page 3 for a list of acceptable forms of photo ID and a list of supporting forms
of ID.
2. Electioneering and loitering within 100 feet of the entrance of the building in which a
polling place is located. [Sec. 61.003]. Examples of electioneering include, but are not
limited to the following:
a. wearing or exhibiting a badge, insignia, emblem, or other similar communicative
device item relating to a candidate, measure or political party. [Sec. 61.010].
NOTE:
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 is
required to wear a tag or official badge that indicates their name and title
or position. [Sec. 61.010] A poll watcher must also wear a badge
indicating the person is a poll watcher. The badge will be issued to the
poll watcher by the election judge.
b. unauthorized posting of signs, posters or other similar items. [Sec. 62.013]

NOTE:
A candidate in an election commits a Class C misdemeanor if he or she is

in the polling place for a purpose other than (1) voting or (2) official
business in the building in which the polling place is located; however, a
candidate may assist a voter without violating this section. [Sec.
61.001(b)]
EXCEPTION:
It is a defense to prosecution under Section 61.001(b) if the

candidate is (1) not in plain view of persons in the voting area or
12

the area where voters are being qualified and (2) not engaged in
campaign activity. [Sec. 61.001(c)].
c. Unlawful operation of a sound amplification device or soundtruck used for
campaigning purposes within 1,000 feet of a building in which a polling place is
located. [Sec. 61.004];
d. Bribing voters [Sec. 36.02, Penal Code];
e. Tampering with a direct recording electronic voting machine [Sec. 33.05, Penal
Code];
f.
Unlawfully influencing voters [Sec. 61.008];
g. Coercing voters [Sec. 36.03, Penal Code];

h. Unlawfully telling another person information that was obtained at the polling
place about how a voter has voted [Sec. 61.006];
i. Unlawfully giving information about the status of the vote count or the names of
people who have voted before the polls close [Sec. 61.007];
j. Tampering with voting equipment [Sec. 127.127];
k. Voting illegally [Sec. 64.012];
l. Unlawfully removing ballots from ballot box [Sec. 276.003];
m. Harassing the election officials [Sec. 32.075];
n. Unlawfully assisting voters [Sec. 64.036];
o. Unlawfully accepting or refusing to accept voters [Sec. 63.012];
p. Using a wireless communication device within 100 feet of polling place [Secs.
33.052(b) and 61.014];
q. Interfering with the voting process; and/or
r. Violating any other Texas election laws.
PERSONS ALLOWED IN THE POLLING PLACE:
Q. Who is allowed inside the polling place?
A. 1. Election judge and clerks. [Secs. 32.071 & 32.072].
2. Poll watchers and Secretary of State inspectors. [Secs. 33.052 & 34.002].
3. Persons admitted to vote. [Sec. 63.001].
4. Children under 18 years old who are accompanying a parent who is admitted to vote.
[Sec. 64.002(b)].
5. Persons providing assistance to or interpreting for a voter who is entitled to assistance or
to an interpreter. [Secs. 61.032 & 64.032; 42 U.S.C. 1973aa-6; 42 U.S.C.A. 1973aa-6;
Docket Nos. 60, 66].
6. Federal inspectors appointed by the U.S. Department of Justice.
7. Persons summoned or appointed by the presiding election judge to act as special peace
officers to preserve order. [Sec. 32.075].
13

8. Voting system technician on the request of the authority holding the election. [Sec.
125.010].
9. During the primary or primary runoff elections only, the County Chair is allowed in the
polling place to perform administrative functions related to the conduct of the election.
[Sec. 172.1113]
PROVISIONAL VOTING:
Provisional voting is available in multiple scenarios. Provisional ballots must be offered to voters
when required by the situations described below. Provisional ballots are important because they
help the voter.
If a voter (a) has not obtained one of the acceptable forms of photo identification listed above,
which is not expired for more than four years, and a voter does not have a reasonable
impediment or difficulty to obtaining one of these forms of identification or (b) has obtained, but
did not bring to the polling place, one of the seven forms of acceptable photo identification listed
above, which is not expired for more than four years, the voter may cast a provisional ballot at
the polls. However, in order to have the provisional ballot counted, the voter will be required to
visit the voter registrars office within six calendar days of the date of the election to either
present one of the above forms of photo ID OR, if applicable, submit one of the temporary
affidavits addressed below (e.g., religious objection or natural disaster) in the presence of the
county voter registrar while attesting to the fact that he or she does not have any of the required
photo IDs.
Affidavits are available for voters who have a consistent religious objection to being
photographed and for voters who do not present a form of acceptable photo identification as a
result of certain natural disasters as declared by the President of the United States or the Texas
Governor within 45 days of the day the ballot was cast.
See Photo ID Update at the beginning of this publication for more information on IDs at the
polling place.
NOTE: If a voter has an acceptable form of photo ID but does have it with them at the polling
place and there is enough time left when polls are open, the voter may choose to return at a later
time with an acceptable form of photo ID, or the voter may vote provisionally. A voter who
would otherwise have a reasonable impediment or difficulty to obtaining an acceptable form of
photo ID but just did not bring a form of supporting ID to the polling place may also opt to leave
the polling place, and return at a later time with their acceptable form of supporting ID and vote
a regular ballot after executing a Reasonable Impediment Declaration.
Provisional ballots are not counted until the voter registrar and early voting ballot board verify
the voter's eligibility. The affidavit that provisional voters must sign also acts as a voter
registration application, ensuring that those individuals who are not actual registered voters will
be registered for future elections for which they are eligible.
Q. Who is eligible to cast a provisional ballot?
14

A. The following individuals are eligible to cast a provisional ballot:
A voter who does not present an acceptable form of photo ID, and does not have a
reasonable impediment or difficulty to obtaining an acceptable form of photo ID which
would allow them to present a supporting form of ID and execute a Reasonable
Impediment Declaration. NOTE: A voter who would otherwise have a reasonable
impediment or difficulty to obtaining an acceptable form of photo ID but just did not
bring a form of supporting ID to the polling place may opt to leave the polling place, and
return at a later time with their acceptable form of supporting ID and vote a regular ballot
after executing a Reasonable Impediment Declaration.
A voter who states that they possess an acceptable form of photo ID, but does not have it
with them to present at the polling place. NOTE: This voter may opt to leave the polling
place, and return at a later time with their acceptable form of ID and vote a regular ballot.
A voter who does not have an acceptable form of photo ID due to a religious objection to
being photographed or does not present their acceptable form of photo ID due to a natural
disaster declared by the United States President or Texas Governor.
A voter whose name on the identification is determined by the polling place official to
not exactly match or be substantially similar to the name as it appears on the official list
of registered voters.
NOTE: A voters name as listed on the identification the voter presents (either an
acceptable form of photo ID or a supporting form of ID) for voting is considered
substantially similar to the form of the name as listed on the list of registered voters if
one or more of the following circumstances applies: 1) The name on the ID is slightly
different from one or more of the name fields on the official list of registered voters; 2)
The name on the voters ID or on list of registered voters is a customary variation of the
voters formal name (for example, Bill for William, or Beto for Alberto); 3) the voters
name contains an initial, middle name, or former name that is either not on the official list
of registered voters or on the voters ID; 4) a first name, middle name, former name or
initial of the voters name occupies a different filed on the presented ID document than it
does on the list of registered votes. In considering whether a name is substantially
similar, election officials will also look at whether information on the presented ID
matches elements of the voters information on the official list of registered voters such
as the voters residence address or date of birth.
A voter whose identity cannot be verified by the acceptable form of photo ID presented
by the voter, as determined by the polling place official per Section 63.001(d) of the
Code.
15
A voter who has received a disability exemption, but does not have their valid voter
registration certificate to present at the polling place.
A voter who claims to be properly registered and eligible to vote at the election precinct
where the voter presents himself or herself to vote, but the voters name does not appear
on the precinct list of registered voters and the voter does not present a voter registration
certificate indicating that the voter is currently registered as described in Section 63.006
of the Code.
NOTE: NEW PROCEDURE - If the provisional voter indicates he or she is
registered, the election officer must ask the person if they registered at DPS. If the
person states they did register at DPS, the election officer must ask the person if he or
she knows the approximate date that the person went to DPS. The election officer
must then note that the voter went to DPS and, if the person knows, the approximate
date the person went to DPS, on the Provisional Ballot Affidavit Envelope in the
Other line.
A voter who has applied for a ballot by mail, but has not yet properly cancelled the mail
ballot application.
A voter who votes during the polling hours that are extended by a state or federal court as
described in Section 63.011(e) of the Code.
A voter who is registered to vote but is offering in a precinct other than the one in which
the voter is registered.
A voter who is on the election precinct list of registered voters, but whose registered
residence address is outside the political subdivision in which the voter is presenting
himself or herself to vote.
Q. Who makes the determination if an individual is qualified to vote provisionally?

A. The election judge at the precinct makes that determination. If a voter is eligible to cast a
provisional ballot, then the election judge immediately informs the voter of that right.
In order to vote provisionally, the voter must complete and sign an "Affidavit of Provisional
Voter," a form which will also serve as a voter registration application in the event the voter
is not registered or as an update to the voter's registration record in the event the information
is different.
Q. Are there cases when a provisional ballot will not be counted? When is a voter notified?
A. While a provisional voter may be allowed to vote at the polling place, there are certain
circumstances in which they will immediately be informed that their ballot will not be
16

counted. For example, the election judge will notify the voter that their ballot will not be
counted if:
The voter does not present an acceptable form of List A identification to the county voter
registrar within 6 calendar days from election day, or
the ballot is cast at a precinct in which the voter is not registered (regardless of whether
the voter is registered in another precinct in same political subdivision).
Q. If a voter applied for a ballot by mail, may the voter vote provisionally at the election
day precinct polling place without returning the mail ballot to the election judge?
A. Yes. A voter who appears on the list of registered voters as having applied for and/or
received a ballot by mail may go to the polling place and vote. If the voter does not have the
ballot to return to the judge, he will have to vote a provisional ballot. If the mail ballot does
not arrive at the ballot board before the provisional ballot, the provisional ballot will be
counted. If the mail ballot does arrive at the ballot board before the provisional ballot, the
mail ballot will be counted. [Sec. 63.011].
Q. How are provisional ballots reviewed and handled?
A. At the polling place, the election judge provides the provisional voter written notice
informing the voter that they will be notified within 10 days after the local canvass as to
whether or not their ballot was counted and, if not, why it was not counted. The notice also
includes instructions and additional details regarding the provisional voting process.
Q. How is the secrecy of the ballot preserved?
A. The voter places the voted provisional ballot in a plain white ballot secrecy envelope which
in turn is placed inside the Provisional Affidavit Ballot Envelope. Provisional ballots are
placed either in a designated, secure container until the voter registrar and early voting ballot
board complete their review. The transfer and tabulation of these ballots are handled with the
same care, secrecy and security as other ballots and voting system equipment. Note: If the
voter is casting an electronic provisional ballot, the voter completes the affidavit on the
provisional envelope but does not include a ballot.
Q. What is the deadline for reviewing provisional affidavits?
A. The early voting ballot board must complete the processing and counting, where applicable,
of the provisional ballots by the seventh day after the election (13th day after election day in
the general election for state and county officers). Notice must be delivered to provisional
voters regarding whether their ballot was counted, noting a reason, if their ballot was not
counted. This notice must be delivered no later than the 10th day after the local canvass.
[Sec, 65.051, T.A.C. 81.172-81.174, 81.176]
17

USING ENGLISH AND INTERPRETERS:
All election officials, while performing their duties at the polling place, must use English, except
when helping a voter who does not understand English. [Sec. 61.031(a)].
Q. What is an interpreter and when is one used?
A. 1. If a voter cannot communicate in English, an election official may communicate with the
voter in a language both the election official and the voter (or voters interpreter)
understands. [Sec. 61.031(b)].
2. The voter may also select an interpreter to communicate with the election officer(s)
attending to the voter in a language that is not English, regardless of whether the election
officer who attempts to communicate with the voter understands or does not understand
the language used by the voter, as long as the interpreter meets the qualifications in
paragraphs 3 and 4 below. [Sec. 61.032; Docket Nos. 60, 66)]
3. Upon taking the oath of interpreter, any person selected by the voter other than the voters
employer, an agent of the voters employer, or an officer or agent of the voters labor
union, may act as an interpreter for one or more voters. [Sec. 61.035; Docket Nos. 60, 66]
NOTE: This is a change in prior law, due to a Court Orders issued on August 12 and 30,
2016.
4. The interpreter may be a person provided by the authority conducting the election.
However, even if an interpreter is provided, a voter may use his own interpreter. [Sec.
61.032].
5. The interpreter may also accompany the voter to the voting station for the purpose of
translating the ballot to the voter. [Sec. 61.034].
6. A watcher may request and receive an English translation of a language spoken other than
English between an election official and a voter. [Sec. 61.036].
CASTING THE BALLOT:
Q. If voters make a mistake marking their ballot, can they start over?
A. Yes, however, there is a limit to how many times a voter may attempt to cast a ballot. Voters
who make mistakes while marking their paper or optical scan ballots may take the spoiled
ballot to an election official and exchange it for a new ballot. A voter may only receive up to
two replacement ballots (the original ballot, plus two replacement ballots yields a total of
three possible ballots per voter). [Sec. 64.007(a) & (b)].
Q: If a voter is voting provisionally on paper or optical scan ballot, does he or she use the
same type of ballot as a regular voter?
A: Yes, but the election officials may have a few ballots pre-stamped provisional in a separate
stack from regular ballots. The following steps must occur:
(1) the voter votes the ballot;
(2) seals the ballot in the ballot secrecy envelope;
(3) seals the privacy envelope in the provisional ballot affidavit envelope; and
18

(4) casts the ballot in the regular ballot box or other designated secured container as
directed by the election officials.
NOTE: Some electronic voting systems allow the voter to cast a provisional ballot
directly on the machine.
Q. If a voter leaves a voted ballot in the voting station or elsewhere in the polling place
rather than putting it in the ballot box, or if a voter voting on an electronic voting
system leaves without finally casting his or her ballot, is the ballot counted?
A. No. The ballot cast by a fleeing voter is not cast. The judge should treat it as a cancelled
ballot. [65.010(a)(4)] On an electronic voting system, the ballot is cancelled.
RECOUNT WATCHER
Similarly to a poll watcher, a recount watcher (formerly termed a representative) is a person
appointed to observe the conduct of the recount on behalf of:
a candidate,
a political party, or
the proponents or opponents of a measure (specific-purpose political action committees).
[Sec. 213.013].
RECOUNT WATCHER QUALIFICATIONS
Unlike a poll watcher, a recount watcher is not required to meet any particular qualifications to
serve. The recount watcher is not required to be a registered voter of the territory in which the
election was held. The recount watcher does not have age or citizenship requirements. Public
officials are not prohibited from serving as recount watchers, nor is the recount watchers
eligibility affected by the familial relationship of a watcher to a person serving on the recount
committee.
PERMITTED NUMBER OF RECOUNT WATCHERS
As the recount is conducted, each authority eligible to appoint a recount watcher is permitted to
have watchers present in a number corresponding to the number of counting teams designated for
the recount; however, if there is a single counting team, two recount watchers may be present.
[Sec. 213.013(b)].
RECOUNT WATCHER APPOINTMENT
The watcher must deliver a certificate of appointment to the recount chair at the time the watcher
reports for service. The certificate must be in writing and must contain:
(1) the printed name and the signature of the recount watcher
(2) the election subject to the recount
(3) the time and place of the recount
(4) the measure, candidate, or political party being represented
(5) the signature and the printed name of the person making the appointment
19

(6) an indication of the capacity in which the appointing authority is acting.
[Sec. 213.013(f)].
NOTE:
No one entitled to be present at a recount may be in possession of
a device capable of recording images or sound, unless the person
agrees to disable or deactivate the device while present at the
recount. [213.013(i)].
The officially prescribed recount watcher appointment form may be found at this link:
http://www.sos.state.tx.us/elections/forms/pol-sub/14-2f.pdf
A recount watcher who submits a valid appointment form to the recount chair must be admitted
to the recount unless the specific authoritys maximum number of watchers have already been
accepted. [Sec. 213.013(e)].
RECOUNT WATCHERS DUTIES
Similarly to a poll watcher, a recount watcher is entitled to observe any activity conducted in
connection with the recount. Watchers are entitled to stand or sit conveniently near the officers
engaged in the observed activity or near the officers counting or processing the ballots to verify
that they are being counted correctly. Rules on the watchers rights, duties, and privileges are
otherwise the same as for a poll watcher to the extent applicable. [Sec. 213.013(h)].
Recount watchers may also be present in the same numbers prescribed under Section 213.013(b)
to observe the printing of ballot images cast on direct recording electronic voting systems prior
to the recount. [Sec. 213.016].
CONCLUSION
As a poll watcher or a recount watcher, you are entitled to observe the conduct of the election at
the location to which you are assigned or the activities at a recount. You must keep in mind your
responsibility to ensure the fair conduct of elections. Please remember, however, that the
presiding officers are responsible for maintaining control and order. You should establish a
cooperative relationship with these presiding officers and work with them to ensure that the
voting process works smoothly. Remember that you are not allowed to address voters
directly.
If any questions arise during your service that the presiding officer cannot answer or you
question the accuracy of the information provided, you may call the Elections Division at our
toll-free number, 1-800-252-VOTE(8683). The Elections Division is open Monday through
Friday from 8:00 a.m. to 5:00 p.m., and during all uniform election dates from before the polls
open until after they close. If you desire to learn more about the election process, please call our
office to request one of our handbooks for election day officials and the early voting ballot board
or our detailed recount procedures. You may also wish to review our online poll worker training
at www.texaspollworkertraining.com.
Thank you for your participation in the election process!
20
EXHIBIT
D
Qualifying Voters on Election Day

Handbook for Election
Judges and Clerks
Updated September 2016
FOR USE IN GENERAL AND
OTHER ELECTIONS BY
ALL POLITICAL SUBDIVISIONS
Issued by
The Office of the Texas Secretary of State, Elections Division
1-800-252-2216 or (512) 463-5650
www.sos.state.tx.us
www.VoteTexas.gov

TABLE OF CONTENTS
INTRODUCTION ........................................................................................................................................ 1
CHAPTER 1 - THINGS TO DO BEFORE THE POLLS OPEN ................................................................. 2
Section A.
Prepare The Polling Place ................................................................................................. 2
Section B.
Poll Watchers .................................................................................................................... 8
Section C.
Election Inspectors.......................................................................................................... 10
CHAPTER 2 - QUALIFYING THE VOTER ............................................................................................ 12

PROCESSING THE VOTER ................................................................................................................. 12
Situation 1 The Acceptable Photo ID/(E) Notation Voter...16
Situation 2 Voter with Reasonable Impediment or Difficulty
to Obtaining an Acceptable Form of Photo Identification 17
Situation 3 Voters Name on Acceptable Form of Identification
Does Not Match Voters Name on List of Registered Voters...19
Situation 4 Voter has Moved....21
Situation 5 Voter with Acceptable Form of Identification, but
Voters Name Not on List of Registered Voters (Section 63.006)..23
Situation 6 Voter Without Certificate and Not on List of Registered Voters......24
Situation 7 Provisional Voter.. 24
Situation 8 Early Voting Cancellation..28
Situation 9 Early Voting Notice of Defective Delivery....29
CHAPTER 3 - VOTING ............................................................................................................................. 30
Section A.
Persons Allowed Inside The Polling Place...................................................................... 30
Section B.
General Instructions To A Voter ..................................................................................... 31
Section C.
Rendering Assistance To A Voter ................................................................................... 31
Section D.
Using English And Interpreters ....................................................................................... 33
Section E.
Miscellaneous Provisions ................................................................................................ 33
Section F.
Casting The Ballot ........................................................................................................... 35
CHAPTER 4 - EXAMINING, PREPARING, AND COUNTING VOTED BALLOTS ........................... 36

Section A.
Procedures For Counting Optical Scan Ballots, Including Write-In Ballots, At Polling
Place Using Precinct Ballot Counters ............................................................................. 36
Section B.
Pre-Locked, Pre-Sealed Ballot Box Procedures For Optical Scan Ballots Counted At A
Central Counting Station [Sec. 127.061]........................................................................ 40
Section C.
Preliminary Counting Procedure For Hand Counted Paper Ballots ................................ 40
Section D.
The Counting Procedure For Paper Ballots ..................................................................... 41
Section E.
Rules For Counting Paper Ballots ................................................................................... 42
Section F.
Using DRE Equipment At The Polling Place ................................................................. 49
CHAPTER 5 - CLOSING AND SECURING THE POLLING PLACE .................................................... 51

Section A.
Closing The Polling Place ............................................................................................... 51
Section B.
Distribution Of Election Records When Optical Scan Ballots Are Tabulated At Polling
Place Or DRES Are Used................................................................................................ 52
Section C.
Distribution Of Election Records When Ballots Are Tabulated At Central Counting

Station ............................................................................................................................. 54
Section D.
Making Out Returns And Distribution Of Election Records When Hand Counted Paper
Ballots Are Used ............................................................................................................. 58
Section E.
Securing The Polling Place ............................................................................................. 60
INTRODUCTION
The Elections Division of the Secretary of States Office has prepared this handbook for use on
election day by election judges and clerks serving in precinct polling places. This handbook
contains a thorough outline of polling place procedures for elections held after August 10, 2016,
as to voter identification requirements, and as to interpreter requirements, elections held on or after
August 12, 2016. It incorporates changes in election laws through the regular session of the 84th
Texas Legislature (2015). It also incorporates changes to voter identification procedures ordered
by a federal district court (U.S.D.C. S.D. Tex. Civil Action No. 2:13-CV-00193 (Docket No. 895)),
and changes to the qualification of interpreters ordered by a different federal district court
(U.S.D.C. W.D. Tex. Civil Action No. 1:15-cv-00679-RP (Docket Nos. 60, 66)).
The handbook starts at the beginning of election day and covers voter qualification and assistance,
as well as the basics for closing the polling place. Throughout the handbook, references are made
to the appropriate section in the Texas Election Code or the Texas Administrative Code, unless
otherwise indicated.
The Elections Division of the Secretary of States Office is open during the hours that the polls are
open for voting on all uniform election dates. Answers to questions on election law and procedures
may be obtained by telephoning the Elections Division toll-free at 1-800-252-2216 or (512) 4635650.
Please visit us at our Internet home page for additional election information at
http://www.sos.state.tx.us, as well as http://www.votetexas.gov.
The Office of the Secretary of State does not discriminate on the basis of race, color, national
origin, sex, religion, age, or disability in employment or the provision of services.

CHAPTER 1
THINGS TO DO BEFORE THE POLLS OPEN
SECTION A. PREPARE THE POLLING PLACE
The election judges and clerks will need to complete the following tasks prior to opening the polls:
1. Oaths: The presiding judge administers the Oath of Election Officer and the Oath of Assistance
to himself or herself and to the clerks. [Secs. 62.003, 64.034]
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.
I swear (or affirm) that I will not suggest, by word, sign, or gesture, how the voter
should vote; I will confine my assistance to answering the voter s questions, to stating
propositions on the ballot, and to naming candidates and, if listed, their political parties;
I will prepare the voter s ballot as the voter directs; and I am not the voters employer,
an agent of the voter s employer, or an officer or agent of a labor union to which the
voter belongs.
2. Identification: The presiding judge and clerks must wear a form of identification, prescribed
by the Secretary of State, while on duty which indicates the persons name and title or position
as an election officer. The presiding judge should issue such identification following
administration of the oath. If there are no name tags in your election kit, you may make your
own. (State and federal election inspectors, peace officers assigned to the polling place, and
poll watchers accepted for service at the polling place are also required to wear name tags.)
[Secs. 33.051(f), 61.010(b), 62.003(c)]
3. Hours and Work Assignments: The judge reviews work schedules and assignments with the
clerks. [Sec. 32.072] The presiding judge may allow some clerks to end their service at the
polling place before the polls close (i.e., work in shifts), but may not allow clerks to leave the
polling place after the counting of ballots has begun, except for temporary absences. [Sec.
32.073] Additionally, the presiding judge may allow some clerks to begin their service at the
polling place later than 7:00 a.m. on election day. [Sec. 32.072(b)] The presiding judge may
permit temporary absences for meals or other necessary activities. [Sec. 32.073(a)] The judge
must treat clerks uniformly in designating their working hours and duties and in regulating
temporary absences. [Secs. 32.072(c), 32.073(c)]
4. Prepare List of Registered Voters: The list of registered voters should be annotated to indicate
voters whose names appear on the precinct early voting list. [Sec. 62.014(b)]
NOTE ON NEW LAW: House Bill 2366 (2015) provides that the early voting clerk shall note
on the precinct list of registered voters those voters that appear on the list of early voters, and
2

deliver the precinct list of registered voters to the presiding judge of precinct not later than the
day before election day.
If a registration correction list is provided, an election officer must change the list of registered
voters to make it conform to the registration correction list. [Sec. 62.014(a)]
NOTE: If you are using an e-pollbook, it is unlikely that you will need to update the list with
voters who voted early or a registration correction list. Follow the instructions provided to you
by the authority conducting the election regarding the use of the e-pollbook.
5. Setup Polling Place: The election workers need to physically arrange the polling place.
1) Arrange Tables, Chairs and Voting Area
Place table(s) and chairs near the entrance to the polling place for the clerks who will
be accepting the voters.
Establish a voting area.
o Voting booths that provide voters privacy while voting must be provided at all
polling places. Voting booths must meet the regulatory specifications for voting
booths, or have been approved for use by the Secretary of State. [Sec. 51.032; 1
T.A.C. 81.70]
o Arrange the voting booths in such a way that they are in view of the election
officers, watchers, and persons waiting to vote but are separated from voters who
are waiting to vote. They must be arranged to prevent access to the voting area
through any entrance other than the one designated. [Sec. 62.004]
o Make sure voting area is adequately lighted. [Sec. 62.004(3)]
o If used, place indelible markers (makes marks that cannot easily be removed or
erased) in each voting booth where voters will be preparing their ballots. [Sec.
62.015]
o Establish an area convenient to the voting booths, in view of election officers, for
placement of the locked ballot box (Ballot Box No. 1) in which voters will deposit
their voted ballots, if using paper or optical scan ballots. [Sec. 62.006]
Establish an area for counting ballots (if applicable).
o This area should be in a separate room from the voting area, or removed from the
voting area as much as possible, so that individuals counting ballots cannot be heard
nor the voted ballots seen by voters.
2) Prepare the Table(s) for Accepting and Qualifying Voters
Place the following election forms and supplies on each table:
o Lists of registered voters, including supplemental and correction lists, or a revised
original list. [Secs. 18.001, 18.002, 18.003, 18.004]
o Registration omissions list. [Sec. 63.006(b)(2)] (This form is not being updated at
this time)
o Combination form (combination of two or more forms below denoted by an *).
[Sec. 63.004] (This form is not being updated at this time. References to Section
o
o
o
o
o
o
o
o
o
63.0101 in the Substantially Similar Name Affidavit do not affect the validity of
the Affidavit)
Poll list.* [Sec. 63.003]
Signature roster.* [Sec. 63.002]
Affidavits and Declaration.
o Voter with Required Documentation Who is Not on List. [Sec. 63.006]*
o Affidavit of Voter Without Required Identification (part of Provisional Ballot
Affidavit Envelope). [Sec. 63.011(b)]
o Voters Similar Name Affidavit. [Sec. 63.001(c)]*
o Reasonable Impediment Declaration [U.S.D.C. S.D. Tex. Civil Action No.
2:13-CV-00193 (Docket No. 895) (hereinafter Docket No. 895)]
Provisional Ballot Affidavit Envelope. [Sec. 63.011] (This form is not being
updated at this time)
List of Provisional Voters. [1 T.A.C. 81.17281.176]
Notice to Provisional Voter for voter voting provisionally due to not presenting an
acceptable photo identification and who did not complete a Reasonable Impediment
Declaration. [1 T.A.C. 81.17281.176; Docket No. 895]. (UPDATED)
Notice to Provisional Voter (may have been combined with the Polling Place ID
Receipt). [1 T.A.C. 81.17281.176 ]
Secrecy Envelopes for Provisional Ballots. [1 T.A.C. 81.17281.176 ]
Statement of Residence. [Secs. 11.004, 63.0011] Voter signs this statement if the
voter has moved within the county to another election precinct in the same county.
The voter may vote a full county ballot in the election precinct of former residence,
regardless of how long ago the voter moved, if the voter still resides in each political
subdivision for which the voter offers to vote. See Chapter 2, Situation 4 Voter
Has Moved for further information.
The "voted" stamp and ink pad used for stamping the list of registered voters. While
it is not necessary that the election officers use a voted stamp and ink pad, they
must make a notation on the list of registered voters that a person has voted. [Sec.
63.001]
o Official ballots. An election officer must arrange a supply of numbered ballots, all
face down, and out of numerical order. [Sec. 62.009(a), (b)]
o Provisional ballots. An election officer must set aside a sufficient number of
provisional ballots and stamp or write on the back of each ballot provisional next
to the presiding judges signature. [1 T.A.C. 81.17281.176]
o Provisional stamp. [1 T.A.C. 81.17281.176]
o Register of spoiled ballots. [Sec. 64.007(c)]
o Request to cancel application to vote by mail. [Sec. 84.032]
NOTE: More than one qualifying table may be set up by dividing the list of registered
voters into sections of the alphabet, for example, A-G and H-Z.
3) Post Distance Markers, Sample Ballots, Instructions and Notices
4
Post distance markers 100 feet in each direction from all entrances through which
voters may enter the building in which the polling place is located. [Secs. 61.003(a),
62.010(a)] Distance marker must include in large letters, DISTANCE MARKER. NO
ELECTIONEERING OR LOITERING BETWEEN THIS POINT AND THE
ENTRANCE TO THE POLLING PLACE.
NOTE: Election officers (or appointed peace officers) may not enforce the
electioneering or loitering statutes OUTSIDE the 100 ft. distance marker. [Sec. 32.075]
Post the voter information poster [UPDATED] and other instruction posters (if any) in
each voting station and in one or more locations in the polling place where they can be
read by persons waiting to vote. [Secs. 62.011, 62.0112, 62.0115; Docket No. 895]
Post the list of declared write-in candidates for the November general election, city
council officer elections, independent and common school district trustee elections,
special elections for state representative and state senator, and other elections required
by law. The list of declared write-in candidates must be posted next to the voter
information poster in each voting station and in the polling place where it can be read
by persons waiting to vote. [Secs. 62.011, 62.0115, 144.006, 146.031(d), 146.054,
146.055, 146.082, 171.0231 Texas Election Code; Secs. 11.056(c), 11.304, 130.081,
130.0825, Texas Education Code; Sec. 285.131, Texas Health and Safety Code; Secs.
326.0431 & 326.0432, Texas Local Government Code; Secs. 36.059, 49.101, 63.0945,
Texas Water Code]
A voter complaint poster, which contains contact information for state and local
election officers, must be posted in the polling place. [Secs. 62.011, 62.0112, 62.0115]
Post the required sample ballots in easily observed locations within the polling place.
[Sec. 62.012]
Place Notice of Prohibition of Certain Devices in locations throughout polling place
where it can be read by persons waiting to vote. The use of wireless communications
devices (e.g. cell phones) and recording devices (e.g. cameras) is prohibited in a polling
place. [Sec. 62.0111]
NOTE: There is an exception to the prohibition against wireless devices in the polling
place for an election officer conducting the officers official duties, for the use of
election equipment necessary to conduct the election, or for a person employed at the
location in which a polling place is located while the person is acting in the course of
the persons employment. [Sec. 61.014]
No election material may be posted at a polling place, including the area within a 100
feet radius of an outside door through which a voter may enter the building where the
polling place is located, unless it is required or allowed by law. [Sec. 62.013]
No person other than an election judge or clerk may post materials in a polling place
or within 100 feet radius of the entrance to the polling place. [Sec. 62.013]
A notice of the number of voters who have voted must be posted at an outside door to
the polling place every two hours, beginning at 9:30 a.m. and running through 5:30
p.m., on a form prescribed by the Secretary of State, unless that form is unavailable.
[Sec. 61.007]
Post Notice of Acceptable Identification [UPDATED] on the outside door of the
polling place.
4) Open and Inspect All Ballot Boxes, if Regular Paper Ballots are being used in the
polling place
If regular paper ballots are used in the election, open and inspect all ballot boxes to ensure
that they are empty. If optical scan ballots are being used, the ballot boxes used for
delivering the ballots to a central counting station or the precinct ballot counters that count
the ballots at the precinct will be pre-locked and pre-sealed before delivery to the polling
place. [Secs. 62.005, 127.061, 127.065]
Make sure that each ballot box is empty.
Make sure that each ballot box has a working lock and a key that opens the lock, unless
pre-locked, pre-sealed boxes or precinct ballot counters are used. [Secs. 51.034(a),
127.065]
5) Prepare Official Ballots (Paper and Optical Scan)
If paper or optical scan ballots are used in the election:
Record the total number of ballots received on the "Register of Official Ballots" form.
[Sec. 65.013]
Inspect the official ballots to see that they are properly printed and numbered. [Sec.
65.013]
o Remove any ballot that is not numbered or that is otherwise defectively-printed.
[Sec. 62.007]
o Count the defective and/or unnumbered ballots and enter this number on the
Register of Official Ballots form. [Sec. 65.013(b)(2)]
o Place defective and/or unnumbered ballots in Ballot Box No. 4 (or other designated
container). [Sec. 62.007(b)]
o Place Ballot Box No. 4 (or other designated container) in a protected place near the
clerks at the qualifying table so that any mutilated ballot returned by a voter for a
new ballot can be easily deposited in this ballot box.
NOTE: Ballot Box No. 4 (or other designated container) is used for delivering
defectively-printed, spoiled, or unused ballots. [Sec. 66.026]
Place the presiding judge's full name on the back of each ballot. [Sec. 62.008]
o If a stamp of the judge's signature is provided, a clerk may stamp the back of each
ballot with this signature stamp. An election clerk may not forge the signature of
the judge. [Sec. 62.008(b)]
o Ballots may be signed or stamped as needed throughout the day. Unsigned paper
or optical scan ballots may not be made available for selection by voters. [Sec.
62.008(c)]
Mix the signed or stamped ballots so that they are not in numerical order. [Sec.
62.009(a)]
6
Place the mixed ballots face down on the acceptance table(s). [Sec. 62.009(b)]
Set aside a sufficient number of official ballots and stamp or write on each ballot
Provisional next to the judges signature. Also, set aside a sufficient number of
Notice to Provisional Voter and Polling Place ID Receipt forms. Alongside these
provisional ballots, keep a sufficient number of Provisional Ballot Affidavit Envelopes.
SPECIAL EMERGENCY BALLOT NOTE: If, before the last voter has voted, the
supply of official ballots is exhausted, destroyed, or lost, or if the presiding judge
determines that the official ballots are erroneously-printed so that they may not be used
in the election, the presiding judge should immediately contact the authority
responsible for distributing the supplies for the election and obtain additional official
ballots for use at the polling place. If official ballots are unavailable, the presiding
judge must create emergency ballots himself or herself. The makeshift ballots must
contain all of the offices and/or propositions to be voted on, must be numbered
consecutively with unique numbers, and must be designed in the same format as the
official ballot. [Sec. 52.001(b)] The judge may make copies of sample ballots after
blocking out the words "Sample Ballot," number the copies, and provide these copies
for voters to mark ballots. It is recommended that the judge indicate, in a memorandum
attached to the Register of Official Ballots, if he or she has provided or been provided
with ballots other than those initially supplied to the polling place, set forth the
circumstances necessitating their use, and record the numbers of the ballots.
6) Place Ballot Boxes

If you are going to be hand-counting the regular paper ballots during the day, you will have
received more than one ballot to rotate in and out of the polling place.
Lock Ballot Box No. 1 and place it in the area established for depositing voted ballots.
[Sec. 62.006]
Place Ballot Box No. 2 in a protected place which is in public view and convenient for
the interchange with Ballot Box No. 1. [Sec. 65.003]
o Ballot Boxes Nos. 1 and 2 are used on a rotating basis for the deposit of ballots by
the voters.
o Each time the ballot boxes are changed, make sure the ballot box replacing the
ballot box containing the voted ballots is empty and locked before it is put into
place for use by voters.
If you are using optical scan ballots, you will place the pre-locked and pre-sealed ballot
box (or a precinct ballot counter) in the area established for depositing voted ballots, where
it will remain until the polls close.
7) Place DRE Voting Machines and/or Precinct Ballot Counters
For elections using direct recording electronic voting machines (DREs) or precinct ballot
counters, follow the instructions from the authority conducting the election concerning the
placement of DREs and any associated procedures. But at a minimum, you must follow
these procedures:
7
The presiding judge shall verify and document the serial numbers of the equipment
delivered to the polling site.
Look for evidence of tampering.
Verify that the Public Count is 0 on each applicable device.
Check the accuracy of the date and time on applicable equipment.
Confirm that all units are open for voting.
At a minimum, print one zero tape from each applicable device (DREs and precinct
ballot counters).
The presiding judge, an election clerk, and not more than two poll watchers, if one or
more watchers are present, shall sign the zero tape.
The zero tapes must be placed in a secure location to be returned with the election
materials.
8) Secure Polling Place

The presiding judge must secure the polling place if it is left unattended at any time after
the preparation for voting begins. [Sec. 62.001(b)]
SECTION B. POLL WATCHERS
1. Appointee of Poll Watchers: A candidate on the ballot, a campaign treasurer of a specificpurpose political action committee in an election on a measure, or a political party (with
candidates in Primary or in the November general election) may appoint up to two watchers
per polling place. A write-in candidate whose name appears on the list of declared write-in
candidates may also appoint poll watchers, and a group of registered voters may appoint a
watcher for an undeclared write-in candidate for elections where declaration is not required.
[Secs. 33.002 - 33.005]
2. Acceptance and Qualification: A watcher who presents himself or herself at any time on
election day with a certificate of appointment must be accepted for service unless the person
is ineligible to serve or the number of appointees to which the appointing authority is entitled
has already been accepted. [Secs. 33.051, 33.052] To be eligible to serve as a poll watcher, a
person must:
1) be a registered voter of the territory (e.g., city, school district) covered by the election and
of the county for November general elections, or other countywide elections; [Sec. 33.031]
2) not be a candidate for public office in an election held on the day the watcher seeks to
serve; [Sec. 33.032]
3) not hold an elective public office; [Sec. 33.033]
4) not be an employee of an election judge or clerk serving at the same polling place; [Sec.
33.035]
5) not been finally convicted of an offense in connection with conduct directly attributable to
an election; [Sec. 33.035] and
6) not be related within the second degree of consanguinity or affinity (as determined by Tex.
Govt. Code, Chapter 573, Subchapter B, Secs. 573.022 - 573.025) to an election judge or

clerk serving at that polling place. A watcher may be related to the candidate the watcher
is representing. [Sec. 33.033]
3. Certificate of Appointment: The poll watcher must present his or her poll watcher's certificate
of appointment to the presiding judge when he or she reports for service. [Sec. 33.051(a)]
1) The certificate must be in writing and must include the following: [Sec. 33.006]
Name, residence address, and voter registration number of the poll watcher;
The election and the number of the precinct where the poll watcher is to serve;
The signature of the person(s) making the appointment;
The signature of the poll watcher;
An indication of the capacity in which the appointing authority is acting;
In an election on a measure, an identification of the measure (if more than one is to be
voted on) and a statement of which side the appointee represents; and
An affidavit executed by the poll watcher that the poll watcher will not have possession
of any mechanical or electronic means of recording images or sound while serving as
a watcher unless the poll watcher disables or deactivates the device.
NOTE: A poll watcher may not use wireless communication devices (e.g. cell phones) in
a polling place. [Sec. 61.014] A poll watcher may not be accepted for service if he or she
possesses any mechanical or electronic means of recording images or sound unless the poll
watcher disables or deactivates the device. The presiding judge may inquire whether a
watcher has possession of any prohibited recording device before accepting the watcher
for service. [Sec. 33.051(c)]
2) The presiding judge must require the poll watcher to countersign his or her signature on
the certificate of appointment and compare and verify the signatures. [Sec. 33.051(b)] The
completion of the affidavit in front of the presiding election judge serves as the counter
signature.
NOTE: It is not necessary to notarize a certificate of appointment.
3) The presiding judge must keep the certificate of appointment in Envelope No. 2 for return
to the custodian of election records after the election. [Sec. 66.023(7)]
4) If a watcher is not accepted for service, the presiding judge must return the certificate of
appointment to the watcher with a signed statement of the reason for the rejection. [Sec.
33.051(e)]
4. Identification: A poll watcher must wear a form of identification prescribed by the Secretary
of State and provided by the presiding judge or other election officer. [Sec. 33.051(f)]
5. Service, Duties, and Privileges of Poll Watchers
1) A watcher may not leave the polling place while the polls are open and be readmitted unless
the watcher has served for five continuous hours. If the watcher has served for five
continuous hours and is present when ballots are counted, the watcher may not leave and
return until the counting is complete. [Sec. 33.052]

EXCEPTION: If a poll watcher leaves the polling place in order to use a wireless
communication device AND promptly returns, he or she is considered to have served
continuously as that term is used for calculating their continuous 5 hours, which allows
them to come and go. [Sec. 33.052(b)]
2) A watcher must be permitted to observe all election activities performed by the election
judge and clerks and to inspect the returns and other records prepared by the election judge
and clerks. [Sec. 33.056]
A watcher is entitled to sit or stand conveniently near the election officers conducting
the observed activity. [Sec. 33.056(a)]
A watcher is entitled to sit or stand near any member of the counting team to verify that
the ballots are read correctly and/or that they are tallied correctly. [Sec. 33.056(b)]
A watcher may make written notes while on duty. However, if the watcher leaves the
polling place while the polls are open, he or she may be required to leave his or her
written notes with another person selected by the watcher, who is on duty at the polling
place. [Sec. 33.056(d)]
3) A watcher may not talk with the judge, clerks, or voters regarding the election while it is
in progress, except to point out to an election judge and/or clerk any observed irregularity
or violation of the law. [Sec. 33.058]
If a watcher points out to an election clerk an occurrence that the watcher believes to
be irregular and the clerk refers the watcher to the presiding judge, the watcher may
not discuss the matter further with the clerk unless the presiding judge invites the
discussion. [Sec. 33.058]
4) A watcher who asks to accompany the election officer who delivers election records must
be permitted to do so. [Sec. 33.060(a)]
If the delivery is made in a vehicle, it is sufficient to allow the watcher to follow in a
different vehicle and to drive in such a manner that the watcher may keep the delivery
vehicle in sight. [Sec. 33.060(b)]
5) A watcher is not permitted to converse with any voter, or communicate with or signal to
any voter in any manner regarding the election. [Sec. 33.058(a)]
6) A watcher may not watch a voter vote except when a voter is being assisted by election
officers. A watcher may not watch a voter vote if the voter is being assisted by a person
other than an election officer. [Sec. 33.057]
7) Preventing a watcher from observing any activity the watcher is entitled to observe is a
Class A misdemeanor. [Sec. 33.061]
SECTION C. ELECTION INSPECTORS
1.Inspectors are appointed by the Secretary of State and are responsible to the Secretary of State.
[Sec. 34.001]
2.An inspector must wear an identifying name tag or badge while on duty at a polling place.
[Sec. 61.010(b)]
3.Inspectors must be permitted to observe all election activities performed by the election judges
and clerks. [Sec. 34.002]
10

4.Inspectors are not required to be at the polling place when the polls open or remain in the
polling place until the polls close.
5.Inspectors are not required to take an oath administered by the election judge.
6.Inspectors will have identification cards issued by the Secretary of State. The presiding judge
should request identification from the inspector. Anyone purporting to be an inspector who
cannot produce identification as an inspector should not be permitted in the polling place.
Please note that the SOS inspector will be wearing a name tag that will also serve as their
identification card.
7.Federal observers may also be appointed under 52 U.S.C. 10305. These observers will
produce appropriate identification. Federal observers must also wear a name badge.
11

CHAPTER 2
QUALIFYING THE VOTER
PROCESSING THE VOTER
Open the doors to the polling place at 7:00 a.m. and direct voters to the voter acceptance table.
[Sec. 41.031] Then follow these basic steps which apply for all voters. [Secs. 63.001, 63.0011;
Docket No. 895]
1. Ask Voter to Provide Acceptable Form of Photo Identification or a Permanent Disability
Exemption: An election officer at the acceptance table should ask the voter to present an
acceptable form of photo identification that is either current or not expired more than four
years. [Sec. 63.001(b)]
The acceptable forms of photo identification are:
1) Texas Driver License issued by the Department of Public Safety (DPS);
NOTE: This form of ID should not be used if Limited Term or Temporary
Visitor appears on the face of the card as this indicates the person is not a U.S.
Citizen.
2) Texas Election Identification Certificate issued by DPS;
3) Texas Personal Identification Card issued by DPS;
NOTE: This form of ID should not be used if Limited Term or Temporary
Visitor appears on the face of the card as this indicates the person is not a U.S.
Citizen.
4) Texas License to Carry a Handgun issued by DPS;
5) United States Military Identification Card containing the persons photograph;
6) United States Citizenship Certificate/Certificate of Naturalization containing the
persons photograph; or
7) United States Passport.
NOTE: A passport card which is also issued by the U.S. Department of State, is
acceptable.
Updated Procedure: This is a change from previous procedure. Prior law required
that the photo ID not be expired for more than 60 days.
NOTE: If the presiding judge reasonably determines that the voter is not the person
whose photo appears on the acceptable form of identification presented by the
voter, the presiding judge will follow the procedure prescribed in Situation 7.
NOTE: The authority conducting the election may authorize an election officer to
access electronically readable information on a drivers license or personal
identification card for proof of identification when determining whether a voter
shall be accepted for voting. [Sec. 63.0102]
Permanent Disability Exemption: If the voter presents the voters current voter
registration certificate that has a notation of an (E)" after the VUID number, it is
not necessary for the voter to have one of seven forms of photo identification listed
above. The notation means the voter is exempt from showing one of the seven
forms of photo identification because the voter has a disability and has applied for
12

and received a disability exemption from the voter registrar in accordance with the
Texas Election Code.
If the voter states that they have obtained an acceptable form of photo ID, but they
did not bring it to the polling place, the election officer should explain that the voter
may take one of two actions:
a. The voter may leave the polling place and return with their acceptable form of photo
ID.
b. The voter may cast a provisional ballot, and cure by appearing at the county voter
registrars office within 6 calendar days of election day and presenting an acceptable
form of photo ID, or completing a natural disaster affidavit because the voters
acceptable photo ID is inaccessible due to certain natural disasters. The presiding judge
will follow the procedure prescribed in Situation 7.
If a voter indicates that the voter has not been able to obtain an acceptable form of
photo ID, the election officer will need to follow the guidelines below depending on
the situation:
a. If the voter states that they have not obtained an acceptable form of photo ID, the poll
worker should ask the voter if they have a reasonable impediment or difficulty to
obtaining an acceptable form of photo ID. If the voter has a reasonable impediment or
difficulty to obtaining an acceptable form of photo ID, the voter may show a supporting
form of ID and execute a Reasonable Impediment Declaration. If the voter states that
they do have a reasonable impediment or difficulty to obtaining an acceptable form of
photo ID, the election officer should provide the voter with a Reasonable Impediment
Declaration, and ask the voter to complete the form by writing their name, indicating
at least one reasonable impediment or difficulty, and signing and dating the
Declaration.
After the Declaration is completed by the voter, the voter should return the Declaration
to the poll worker, and the poll worker should ask the voter to present one of the forms
of supporting ID of the voter. The poll worker should indicate on the Declaration which
supporting form of identification was presented.
Here is a list of the supporting forms of ID that can be presented if the voter cannot
obtain, and has a reasonable impediment or difficulty to obtaining, one of the forms of
acceptable photo ID:
1)
2)
3)
4)
5)
6)
7)
Valid voter registration certificate;

Certified birth certificate (must be an original);
Copy of or original current utility bill;
Copy of or original bank statement;
Copy of or original government check;
Copy of or original paycheck; or
Copy of or original government document with your name and an address
(original required if it contains a photograph) (examples of government
documents include, but are not limited to: drivers licenses from other states, ID
13

cards issued by federally recognized Native American tribes (if the ID card
contains an address), DPS Receipts (without a photo), expired voter registration
certificates, and expired Texas DPS-issued driver licenses or personal ID cards
(over 4 years)).
NOTE: If the voter states that they have not obtained an acceptable form of photo ID,
the election officer should not question the voter as to why. The election officer should
simply state that if the voter has a reasonable impediment or difficulty to obtaining an
acceptable form of photo ID, they can show a supporting form of ID and execute a
NOTE: The election officer may not question the reasonableness of the voters
reasonable impediment or difficulty or the truth of the declaration. For example, if the
voter checks lack of transportation, the election officer may not challenge how the
voter came to the polling site, or the voters access to a bus route or other means of
transportation. A signed reasonable impediment declaration shall be rejected only upon
conclusive evidence that the person completing the declaration is not the person in
whose name the ballot is cast.
NOTE: Not being able to obtain an acceptable form of photo ID includes that the voter
has not been able to obtain a valid form of acceptable photo identification.
Accordingly, a voter with a lost, stolen, suspended, or expired more than four years,
form of photo ID listed above could be considered to have not obtained one of the
acceptable forms of photo ID for purposes of being eligible to execute a Reasonable
Impediment Declaration.
b. If the voter states that they have not obtained an acceptable form of photo ID, and the
voter does not have a reasonable impediment or difficulty to obtaining an acceptable
form of photo ID (including if the voter has not brought a supporting form of ID to the
polling place), the voter should be offered a provisional ballot. The voter may cure
by appearing at the county voter registrars office within 6 calendar days of election
day and presenting an acceptable form of photo ID, or qualifying for one of the
exemptions (disability, natural disaster, or religious objection to being photographed).
The presiding judge will follow the procedure prescribed in Situation 7.
NOTE: A voter who would otherwise have a reasonable impediment or difficulty to
obtaining an acceptable form of photo ID but just did not bring a form of supporting
ID to the polling place may opt to leave the polling place, and return at a later time with
their acceptable form of supporting ID and vote a regular ballot after executing a
Reasonable Impediment Declaration. However, a voter who would otherwise have a
reasonable impediment or difficulty to obtaining an acceptable form of photo ID who
did not bring a supporting form of ID to the polling place may not cure at the county
voter registrars office by showing an acceptable form of supporting ID and executing
a reasonable impediment declaration at the county voter registrars office. For voters
who vote in person at the polling place, the Reasonable Impediment Declaration
process is an election day/early voting procedure only, and there is no cure option
involving the execution of a reasonable impediment declaration or the presentation of
supporting ID at the county voter registrars office.
14

2. Locate Voter on List of Registered Voters: When presented with an acceptable form of
photo identification, or presented with a supporting form of identification (presented when
a voter who has not obtained an acceptable form of photo identification and has a
reasonable impediment or difficulty to obtaining the acceptable form of photo
identification executes a Reasonable Impediment Declaration), or the voters current voter
registration certificate with an E notation, the election officer checks the list of registered
voters for:
1) the voters name;
2) the voters registration status; and
3) any special annotations.
NOTE: The two special annotations requiring further action are S for suspense and a
voted annotation if the voter has voted early. Because the acceptable form of photo
identification, or the supporting form of identification of a qualified voter together with an
executed Reasonable Impediment Declaration, or the voters current voter registration
certificate with an E notation satisfies the requirement for presenting identification
formerly required by an ID notation, you may disregard any ID notation in the official
list of registered voters.
3. Compare Voters Name: If the voters name on the official list of registered voters does
not exactly match the name as it appears on the form of identification provided, follow the
procedure prescribed in Situation 3.
4. Ask Voter if their Residence Address has Changed: After determining that the voter is
registered, the voter must be asked if the residence address on the list of registered voters
has changed. An S notation by a voters name means that the voter may have moved. If
the voter has moved within the county, or is on the S-list, the voter must sign the Statement
of Residence before being permitted to vote. A voter who has moved within the county
must vote in his or her former precinct of residence, according to his or her old
registration address.
NOTE: If the election is conducted for a city, school district, or other local political
subdivision, in addition to residing in the county, the voter must still reside in the city,
school district, or other local political subdivision in order to be eligible to vote.
NOTE: The address on an acceptable form of ID or a supporting form of ID should not
be compared to the address on the list of registered voters. These two addresses do NOT
have to match.
5. At this point, determine which of the situations below applies to the voter and follow the
steps outlined after the particular situation to process the voter.
15
SITUATION 1. The Acceptable Photo

ID/(E) Notation Voter
In this voter scenario, the voter presents their acceptable form of photo identification listed on page
13, or has a notation of an (E) after the VUID number on their voter registration certificate.
[Secs. 63.001, 63.0101; Docket No. 895]
NOTE: The photo identification provided by the voter will be current or not have expired
more than 4 years before the voter is presenting it at the polling place.
The voter will be located in the precincts list of registered voters, and the name found on the list
of registered voters will match exactly to the name listed on the voters identification.
After verifying the voters identification, the voter is asked if the voters residence address on the
precinct list of registered voters is current and whether the voter has changed residence within the
county. [Sec. 63.0011] In an ideal voter situation, the voters address will be current and the voter
will not have changed residence within the county.
NOTE: Some voters may not have their addresses on the list of registered voters due to their
participation in an address confidentiality program. Nevertheless, election judges should continue
to ask whether or not the voter has moved from the address at which the voter is registered to vote.
If the voters registration address is omitted due to participation in an address confidentiality
program, you must ask the voter if the residence address listed on the voters acceptable form of
identification is current and whether the voter has changed residence within the county.
At this point, the voter should be checked-in by following these steps:
1. Stamp "voted" or place some other notation next to the voters name on the list of registered
voters to indicate that the voter has been accepted for voting. [Sec. 63.001(e)]
2. Have the voter sign the signature roster (or combination form). [Sec. 63.002(b)] If the
voter cannot sign his or her name, an election officer shall enter the voters name with a
notation of the reason for the voters inability to sign the roster (or combination form).
[Sec. 63.002(c)]
3. Legibly enter the name of the voter on the poll list (or combination form). [Sec. 63.003(c)]
The voter is required to sign his or her voter registration certificate in the appropriate
place upon receipt. [Sec. 15.003]
If a combination form is not used, the names on the poll list must be entered in the same
order as the names on the signature roster. [Sec. 63.003(c)]
4. Return the acceptable form of photo identification presented by the voter and the voters
voter registration certificate, if presented, to the voter. [Sec. 63.001(f); Docket No. 895]
5. Have the voter pick up a ballot, if applicable, or issue the voter an activation code, etc. for
the accessible voting equipment and direct the voter to the voting area. [Sec. 64.001]
16
SITUATION 2. Voter with Reasonable

Impediment or Difficulty to Obtaining an
Acceptable Form of Photo Identification
The voter states that they have not obtained an acceptable form of photo identification listed on
page 13, and the voter is asked if they have a reasonable impediment or difficulty to obtaining an
acceptable form of photo ID, and states that they do have a reasonable impediment or difficulty to
obtaining an acceptable form of photo ID. [Docket No. 895]
In this situation, the election officer should provide the voter with a Reasonable Impediment
Declaration, and ask the voter to complete the form by writing their name, indicating at least one
reasonable impediment or difficulty, and signing and dating the Declaration.
After the Declaration is completed by the voter, the voter should return the Declaration to the
election officer, and the election officer should ask the voter to present one of the forms of
supporting ID (listed below). The election officer should indicate on the Declaration which
supporting form of ID was presented.
Here is a list of the supporting forms of ID that can be presented if the voter cannot obtain, and
has a reasonable impediment or difficulty to obtaining, one of the forms of acceptable photo ID:
1)
2)
3)
4)
5)
6)
7)
Valid voter registration certificate;

Certified birth certificate (must be an original);
Copy of or original current utility bill;
Copy of or original bank statement;
Copy of or original government check;
Copy of or original paycheck; or
Copy of or original government document with your name and an address (original
required if it contains a photograph) (examples of government documents include, but are
not limited to: drivers licenses from other states, ID cards issued by federally recognized
Native American tribes (if the ID card contains an address), DPS Receipts (without a
photo), expired voter registration certificates, and expired Texas DPS-issued driver
licenses or personal ID cards (over 4 years)).
NOTE: If the voter states that they have not obtained an acceptable form of photo ID, the
election officer should not question the voter as to why. The election officer should simply
state that if the voter has a reasonable impediment or difficulty to obtaining an acceptable form
of photo ID, they can show a supporting form of ID and execute a Reasonable Impediment
Declaration.
NOTE: The election officer may not question the reasonableness of the voters reasonable
impediment or difficulty or the truth of the declaration. For example, if the voter checks lack
of transportation, the election officer may not challenge how the voter came to the polling
site, or the voters access to a bus route or other means of transportation. A signed reasonable
17

impediment declaration shall be rejected only upon conclusive evidence that the person
completing the declaration is not the person in whose name the ballot is cast.
NOTE: Not being able to obtain an acceptable form of photo ID includes that the voter has
not been able to obtain a valid form of acceptable photo identification. Accordingly, a voter
with a lost, stolen, suspended, or expired more than four years, form of photo ID listed above
could be considered to have not obtained one of the acceptable forms of photo ID for purposes
of being eligible to execute a Reasonable Impediment Declaration.
The voter will be located in the precincts list of registered voters, and the name found on the list
of registered voters will match exactly to the name listed on the voters identification.
After verifying the voters identification, the voter is asked if the voters residence address on the
precinct list of registered voters is current and whether the voter has changed residence within the
county. [Sec. 63.0011] In this situation, the voters address will be current and the voter will not
have changed residence within the county.
At this point, the voter should be checked-in by following these steps:
7. Have the voter sign the signature roster (or combination form). [Sec. 63.002(b)] If the
voter cannot sign his or her name, an election officer shall enter the voters name with a
notation of the reason for the voters inability to sign the roster (or combination form).
[Sec. 63.002(c)]
The voter is required to sign his or her voter registration certificate in the appropriate
place upon receipt. [Sec. 15.003]
If a combination form is not used, the names on the poll list must be entered in the same
9. Return the form of supporting identification presented by the voter and the voters voter
registration certificate, if presented, to the voter. [Sec. 63.001(f); Docket No. 895]
18

SITUATION 3. Voters Name on Acceptable
Form of Identification Does Not Match Voters
Name on List of Registered Voters
The voter presents their acceptable form of photo identification listed on page 13, or has a
reasonable impediment or difficulty to obtaining an acceptable form of photo identification, and
presents a supporting form of identification (presented when a voter executes a Reasonable
Impediment Declaration), or has a notation of an (E) after the VUID number on their voter
registration certificate. [Secs. 63.001, 63.0101; Docket No. 895]
If the voters name on the precincts list of registered voters is not identical to the voters name as
it appears on the voters identification, the election officer will determine, under standards adopted
by the Secretary of State, if the names are substantially similar. If the names are substantially
similar, the voter shall be accepted for voting. The voter must submit an affidavit, which is part
of the combination form, stating that the voter is the person on the list of registered voters.
A voters name on the presented identification form is considered substantially similar to the name
on the official list of registered voters and a voters name on the official list of registered voters is
considered substantially similar to the name on the presented identification form if one or more of
the circumstances in paragraphs (1) - (4) of this subsection are present. In determining whether
one or more of those circumstances are present, election workers should consider whether
information on the presented identification form matches elements of the voters information on
the official list of registered voters such as the voters residence address or date of birth, which
may be strong indicators that the name on the presented identification form is substantially similar
to the name on the official list of registered voters and vice versa if:
1. Slightly Different: The name on the presented identification form is slightly different
from one or more of the name fields on the official list of registered voters or one or more
of the name fields on the official list of registered voters is slightly different from the name
on the presented identification form;
2. Customary Variation: The name on the presented identification form or on the official list
of registered voters is a customary variation of the formal name such as, for illustrative
purposes only, Bill for William, or Beto for Alberto, that is on the document or list that
must match, as the case may be;
3. Initial, Middle Name or Former Name: The voters name on the presented identification
form contains an initial, a middle name, or a former name that is not on the official list of
registered voters or the official list of registered voters contains an initial, a middle name,
or a former name that is not on the presented identification form; or
4. Different Field: A first name, middle name, former name, or initial of the voters name
that occupies a different field on the presented identification form than a first name, middle
name, former name, or initial of the voters name on the official list of registered voters.
19

If the reviewing election worker makes a determination that the voters name on the presented
identification form and the official list of registered voters are substantially similar, the voter shall
be accepted for voting if the voter submits the Similar Name Affidavit, which he or she does my
initialing the correct location on the combination form, prescribed by the Secretary of State stating
that the voter offering the presented identification form is the same person on the official list of
registered voters.
If the reviewing election worker makes a determination that the voters names on the presented
identification form and the official list of registered voters are not substantially similar, the voter
shall be offered a provisional ballot. The voter shall be processed as a provisional voter in
accordance with the provisional voter process established under Texas law (Situation 7), at the
time of voting.
After verifying the identity of the voter, follow these steps:
1. Ask the voter if the voters residence address on the precinct list of registered voters is
current and whether the voter has changed residence within the county; if changed, have
voter complete a statement of residence form. [Sec. 63.0011]
3. Have the voter sign the signature roster (or combination form). [Sec. 63.002(b)]
4. If the voter cannot sign his or her name, an election officer shall enter the voters name
with a notation of the reason for the voters inability to sign the roster (or combination
form). [Sec. 63.002(c)]
6. If a combination form is not used, the names on the poll list must be entered in the same
7. Return the form of identification presented by the voter and the voters voter registration
certificate, if presented, to the voter. [Sec. 63.001(f); Docket No. 895]
20
SITUATION 4.
Voter Has Moved
The voter presents their acceptable form of photo identification listed on page 13, or has a
reasonable impediment or difficulty to obtaining an acceptable form of photo identification, and
presents a supporting form of identification (presented when a voter executes a Reasonable
Impediment Declaration), or has a notation of an (E) after the VUID number on their voter
registration certificate and the voters name appears on the precincts list of registered voters.
[Secs. 63.001, 63.0101; Docket No. 895]
The election officer determines under standards adopted by the Secretary of State that the voters
name on the form of identification presented by the voter either exactly matches or is substantially
similar to the name on the official list of registered voters. In the latter case, the officer will follow
the procedures outlined in Situation 3 above relating to the voter submitting an affidavit, which is
part of the combination form, stating that the voter is the person on the list of registered voters.
In this situation, the voter has changed his or her residence to a different precinct. Even if the voter
has moved within an apartment complex, his or her precinct may have changed, so be sure to ask
for the voters full address. If you dont know whether the voters new address is within the same
precinct or within the same county, call the voter registrar to determine a voters proper precinct
or county. [Sec. 63.0011]
If the voter has moved or has an S notation next to his or her name, follow one of the three
solutions below:
1. Moved To Another Precinct Within County (Voter shows up to vote in old precinct): The
voters name and address are on the list of registered voters, but the voter says that he or
she has moved within the county or is on the S-list and is no longer a resident of the
precinct. [Sec. 11.004]
He or she may vote a full ballot in this precinct if:
1) He or she completes and signs a Statement of Residence; and
2) The voters present residence is in the territory of the political subdivision holding
the election.
NOTE: A registered voter who changes his or her residence to another election precinct
within the same county may vote a full ballot in his or her former precinct, if otherwise
qualified, regardless of how long ago the voter moved, as long as voter lives in the same
political subdivision conducting the election. The voter must still reside in the county.
2. Moved From Another Precinct Within County (Voter shows up to vote in new precinct):
The voter says he or she is a resident of the precinct, but he or she did not transfer his or
her voter registration to the new precinct of residence by the 30th day before the election.
Further, the voters name is not on the list of registered voters, and the voter does not
present a current voter registration certificate which shows the voter registered to vote in
the precinct.
21

1) The presiding judge should direct the voter to vote in his or her previous precinct if
the voter is registered to vote there. If polling location information is available
from a computer at the polling place, the election officer shall provide that
information to assist voters in finding his or her correct polling place.
2) If the voter declines to go to the correct precinct, the election judge must inform the
voter of his or her right to cast a provisional ballot. (Follow the procedures for
provisional voters in Situation 7.)
3. Moved to Another County: A voter who has moved from one county to another may NOT
vote on election day in the county of his or her new residence, unless the voter has an
effective registration in the new county. If the voter insists on voting in their new county
of residence on election day, the election judge must inform the voter of the voters right
to cast a provisional ballot.
NOTE: A voter who has moved from one county to another may, under some
circumstances, be eligible to vote a limited ballot in the new county of residence before his
or her registration in the new county is effective, but voting under this procedure may only
be done by personal appearance or by mail during the early-voting-in-person period. The
voter must be a registered voter in his or her county of former residence or was registered
in the former county of residence when the voter applied to register in the new county of
residence. [Sec. 112.001, et seq.]
If the election officer determines that a voter has qualified to vote in the precinct where the voter
has presented himself or herself, follow the standard procedures for processing the voter:
1. Stamp voted or place some other notation next to the voters name on the list of registered
form). [Sec. 63.002(c)]
certificate, if presented, to the voter. [Sec. 63.001(f)]
22
SITUATION 5.
Voter with Acceptable Form of Identification, but
Voters Name Not on List of Registered Voters
(Section 63.006)
The voter presents their acceptable form of photo identification listed on page 13, or presents a
supporting form of identification (presented when a voter executes a Reasonable Impediment
Declaration), or has a notation of an (E)" after the VUID number on the voters voter registration
certificate, BUT the voters name does not appear on the precincts list of registered voters. [Sec.
63.001; Docket No. 895] A voter who presents a form of identification, but whose name is not on
the precinct list of registered voters, shall be accepted for voting if the voter also presents a valid
voter registration certificate indicating that the voter is currently registered either:
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:
1) 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;
2) was a resident of the precinct in which the voter is offering to vote at the time the
information on the voters residence address was last provided to the voter registrar;
3) did not deliberately provide false information to secure registration in a precinct in
which the voter does not reside; and
4) is voting only once in the election.
Check the box labeled Not on List 63.006 on the same line as the voters name and address
on the combination form (or on the poll list) and indicate there that the voter was accepted
under Section 63.006. The election officer shall also enter the voters name on the registration
omissions list. [Sec. 63.006(a), (b)].
At this point, the election officer should follow the standard procedures for processing the voter:
1. Stamp voted or place some other notation next to the voters name on the list of registered
form). [Sec. 63.002(c)]
certificate, if presented, to the voter. [Sec. 63.001(f); Docket No. 895]
23

SITUATION 6. Voter Without Certificate and

Not on List of Registered Voters
A voter whose name is not on the list of registered voters for the precinct in which the voter is
offering to vote, and who does not present a voter registration certificate when offering to vote, as
set forth in Situation 5 above, shall be accepted for provisional voting if:
1. the voter executes an affidavit stating that the person is a registered voter in the precinct in
which the person seeks to vote; and
2. is eligible to vote in the election. [Sec. 63.009]
Follow the procedures for provisional voter in Situation 7 below.
SITUATION 7.
Provisional Voter
At all elections, the following individuals are eligible to vote a provisional ballot:
1) A voter who states they have not obtained an acceptable form of photo ID, and does not
have a reasonable impediment or difficulty to obtaining an acceptable form of photo ID
(including if the voter did not provide a form of supporting ID in connection with a
Reasonable Impediment Declaration). NOTE: A voter who would otherwise have a
reasonable impediment or difficulty to obtaining an acceptable form of photo ID but just
did not bring a form of supporting ID to the polling place may opt to leave the polling
place, and return at a later time with their acceptable form of supporting ID and vote a
regular ballot after executing a Reasonable Impediment Declaration.
2) A voter who states they have obtained an acceptable form of photo ID, but do not have it
with them to present at the polling place. NOTE: This voter may opt to leave the polling
place, and return at a later time with their acceptable form of ID and vote a regular ballot.
3) A voter who does not have an acceptable form of photo ID due to a religious objection to
being photographed or does not present their acceptable form of photo ID due to a natural
disaster declared by the United States President or Texas Governor.
4) A voter whose name on the form of identification is determined by the election officer not
to exactly match or be substantially similar to the name as it appears on the election precinct
list of registered voters.
24

5) A voter who presented a form of identification but whose identity cannot be verified by the
identification presented.
6) A voter who has received a disability exemption under 13.002(i) of the Code, but does not
have or otherwise fails to present the voters voter registration certificate at the polling
place indicating such exemption.
7) Under section 63.009 of the Code (Situation 6), a voter who claims to be properly registered
and eligible to vote at the election precinct where the voter presents himself or herself to
vote, but whose name does not appear on the precinct list of registered voters and who does
not present a voter registration certificate indicating that the voter is currently registered
(as described in Section 63.006 of the Texas Election Code).
8) A voter who has applied for a ballot by mail, but has not yet cancelled the mail ballot
application with the early voting clerk at the main early voting location or cancelled the
mail application by returning the ballot to be voted by mail to the election judge at the
voters election day precinct polling place.
9) A voter who votes during the polling hours that are extended by a state or federal court.
10) A voter who is registered to vote but attempting to vote in a precinct other than the one in
which the voter is registered.
11) A voter who is on the election precinct list of registered voters, but whose registered
residence address is outside the political subdivision in which the voter is presenting
himself or herself to vote.
12) Other: ______________ (with an explanation). [Sec. 63.011; 1 T.A.C. 81.17281.176;
Docket No. 895]
If a voter is eligible to cast a provisional ballot under the provisions set forth above, the election
judge shall immediately inform the voter of this right, and take the following steps.
1. If the voter is casting a provisional ballot due to reasons 1-6 above, the election judge must
advise the voter that in order to have their provisional ballot accepted, the voter must present
an acceptable form of photo ID to the voter registrar within 6 calendar days of election day,
or by qualifying for one of the exemptions (disability, natural disaster, or religious objection
to being photographed). The election judge must also provide a Notice to Provisional Voter
(ID Voter) to the voter (UPDATED), and inform the voter that they will receive a notice in
the mail about whether the voters provisional ballot was counted. The Notice to Provisional
Voter (ID Voter) (UPDATED) will provide the following information:
a. A list of acceptable forms of photo identification, and information about the
temporary and permanent exemptions;
b. The procedure for presenting acceptable photo identification to the voter registrar,
executing an affidavit for a temporary exemption in the presence of the voter
25

registrar, or applying for a permanent disability exemption, within 6 calendar days of
election day;
c. A map showing the location of the voter registrar for purposes of presenting an
acceptable form of photo identification; or seeking an exemption to the identification
requirement; and
d. A place for the election official to enter the voters name, voter unique identifier
(VUID) number (if available) and the precinct polling place at which the provisional
ballot was voted.
2. If the voter is casting a provisional ballot due to reasons 7-10 above, the voter should
present an acceptable form of photo ID or, if the voter has a reasonable impediment or
difficulty to obtaining an acceptable form of photo ID, present a form of supporting ID
(after executing the Reasonable Impediment Declaration) to the election judge. The
election judge must provide a Notice to Provisional Voter to the voter, and inform the voter
that they will receive a notice in the mail about whether the voters provisional ballot was
counted.
3. If the provisional voter indicates they are registered, the election judge must ask the voter
if they registered at DPS. If voter states they did register at DPS, the election judge must
ask the voter for the approximate date that the voter went to DPS. The election judge must
then note that the voter went to DPS and, if the voter knows, the approximate date the voter
went to DPS, on the Provisional Ballot Affidavit Envelope in the Other line.
4. The election judge shall also advise the provisional voter that in order to have the voters
provisional ballot accepted, the provisional voter must be voting in the election precinct to
which the voter is assigned. It is recommended that election officers make every effort to
direct a voter to the polling place for the election precinct to which the voter is assigned.
5. Prior to casting a provisional ballot, the election judge shall advise the provisional voter to
complete and sign a Provisional Ballot Affidavit Envelope. The Provisional Ballot
Affidavit Envelope shall state that the provisional voter is a registered voter in the election
precinct in which the voter seeks to vote and eligible to vote in the election. In order to
vote a provisional ballot, a provisional voter must sign the Provisional Ballot Affidavit
Envelope, and the election judge shall make this clear to the provisional voter.
6. The election judge shall complete the appropriate judges portion of the reverse side of the
Provisional Ballot Affidavit Envelope, including checking the appropriate box, "yes" or
"no," as to whether the voter presented a form of identification. The election judge shall
check the reason for which the voter voted provisionally on the Provisional Ballot Affidavit
Envelope, and shall then sign the Provisional Ballot Affidavit Envelope. The reasons are:
1) Failed to present acceptable form of photo identification or voter certificate with
exemption;
2) Voter not on list of registered voters;
3) Voter not on list, registered in another precinct;
4) Voter on list of people who voted early by mail, and voter has not cancelled mail
ballot application;
26

5) Voting after 7:00 p.m. due to court order;
6) Voter on list, but registered residence address outside the ___________political
subdivision; or
7) Other __________________________________ (Please explain).
7. After the provisional voter completes the Provisional Ballot Affidavit Envelope and the
election judge completes the judges portion of the reverse side of the Envelope, the
election judge shall enter the provisional voters name on the List of Provisional Voters
form. The List of Provisional Voters form contains a box to indicate whether or not the
voter submitted an acceptable form of identification, and the election judge shall mark the
appropriate box.
8. The election judge shall add the name of the provisional voter to the poll list or combination
form and check the column "Provisional".
9. The election judge shall have the provisional voter sign the regular signature roster or
combination form in the appropriate place.
10. If provisional voting is being conducted with paper or optical scan ballots, the election
judge shall direct the provisional voter to choose a ballot from a disarranged (random
numerical order) supply of stack of pre-designated "provisional" ballots that are separate
from regular ballots. The election judge shall inform the provisional voter that, after voting
the provisional ballot, the voter must place the ballot in the provided secrecy envelope and
that the ballot in the secrecy envelope must be placed inside the Provisional Ballot
Affidavit Envelope and the Envelope sealed in order to have the voters provisional ballot
accepted.
If provisional voting is being conducted on DRE voting machines, the election judge shall
prepare the DRE voting machine for provisional voting in accordance with instructions
provided by the general custodian of election records, which may include the instructions
of the vendor of the system. The election judge shall inform the provisional voter of the
procedures to be followed after voting the provisional ballot on the DRE voting machine.
11. After the provisional paper or optical scan ballot has been voted, the provisional voter shall:
i.
Seal the provisional ballot in a secrecy envelope;
ii.
Seal the secrecy envelope inside the Provisional Ballot Affidavit Envelope; and
iii.
Deposit the Provisional Ballot Affidavit Envelope in the secure container for
completed Provisional Ballot Affidavit Envelopes provided at the polling place.
To vote provisionally on a DRE voting machine, the provisional voter, as directed by the
election judge, shall either:
1. Sign the "stub;" seal the stub in a secrecy envelope; seal the secrecy envelope
inside the Provisional Ballot Affidavit Envelope; access the ballot on the DRE
voting machine using the access code printed along with the stub; vote the ballot
27

on the DRE voting machine; and deposit the Provisional Ballot Affidavit Envelope
(containing the signed stub) in the secure container for completed Provisional
Ballot Affidavit Envelopes provided at the polling place; or
2. Be provided by the election judge with a random number from a preset list for
provisional ballots on the DRE voting machine enabling the provisional voter to
access the provisional ballot on the machine. The election judge shall place a
sticker with that number on the Provisional Ballot Affidavit Envelope in the blank
labeled Ballot Number if Using DRE. Nothing is placed inside the Provisional
Ballot Affidavit Envelope. The provisional voter will deposit the Provisional Ballot
Affidavit Envelope in the secure container for completed Provisional Ballot
Affidavit Envelopes provided at the polling place.
SITUATION 8.
Early Voting Cancellation
1. If a voter whose name appears on the precinct list of early voters who had been sent an
early voting ballot by mail presents himself or herself for voting at the polling place, the
election officer may allow the voter to vote a provisional ballot, but only if the voter
executes the affidavit of provisional voter, contained on the Provisional Ballot Affidavit
Envelope, swearing that he or she is registered to vote and has not already voted early by
mail.
2. The voter may also cancel his or her application to vote by mail at the polling place and
vote a regular ballot if the voter surrenders his or her mail ballot or a Notice Of Improper
Delivery to the presiding judge. [Sec. 84.032]
To cancel an application to vote by mail at the polling place, the voter must
complete the Request to Cancel Application to Vote by Mail and surrender his or
her mail ballot or a Notice of Improper Delivery to the election officer. The
presiding election judge must review the request and write "CANCELLED" on the
returned ballot or Notice. The judge should place the cancelled ballot or Notice
and the request in the envelope for cancelled applications. If the voters request to
cancel does not comply, the election judge must state on the request the reason it
was denied and place the request in the envelope for requests of cancelled
applications. The judge must then deposit the envelope in Ballot Box No. 4 or other
designated container prior to delivering the box to the general custodian of election
records.
NOTE: If the voter is over the age of 65 or is disabled, and has an annual application
for ballot by mail, cancelling the application by surrendering the ballot on election
day, will not cancel their by mail application for other elections in the calendar year.
If the voter insists he or she did not apply, receive, or vote a ballot by mail and
insists on voting at the polling place, the election judge must inform the voter of
the voters right to vote a provisional ballot. (See Situation 7.)
28

3. The voter may also cancel his or her application to vote by mail at the polling place and
vote a regular ballot by going to the early voting clerks office to cancel the voters
application if he or she requested an application but does not have the actual ballot to
surrender to the presiding election judge.
SITUATION 9.
Early Voting Notice of Defective Delivery
If a voter whose name appears on the precinct list of early voters who had been sent an early voting
ballot by mail presents himself or herself for voting at the polling place, the election officer may
allow the voter to vote a regular ballot if the voter presents a Notice of Defective Delivery. This
form indicates that the voter attempted to vote by mail and the mail ballot was rejected because it
was delivered to the early voting clerk improperly. If the voter presents you with this Notice, you
should qualify the voter and allow him or her to vote in the normal manner. The Notice itself is
placed in Envelope No. 2 and returned to the general custodian of election records. [Sec.
86.006(h)]
29

CHAPTER 3
VOTING
The voter must be allowed to cast his or her vote in a voting booth that provides privacy for him
or her while marking his or her ballot. [Sec. 51.032]
SECTION A. PERSONS ALLOWED INSIDE THE POLLING PLACE
1. Election judges and clerks. [Secs. 32.071, 32.072]
2. Poll watchers and inspectors. [Secs. 33.052, 34.002]
3. Peace officers summoned or appointed by the presiding judge to preserve order. In order
to be appointed as a special peace officer at a polling place by a presiding judge, one must
be licensed as a peace officer by the Texas Commission on Law Enforcement. [Sec.
32.075]
4. Persons admitted to vote. [Sec. 63.001]
5. Children under 18 years old who are accompanying a parent who is admitted to vote. [Sec.
64.002(b)]
6. Persons admitted to provide assistance to or to interpret for a voter who is entitled to
assistance or to an interpreter. [Secs. 61.032, 64.032(c); 42 U.S.C.A. 1973aa-6; U.S.D.C.
W.D. Tex. Civil Action No. 1:15-cv-00679-RP (Docket Nos. 60, 66) (hereinafter Docket
Nos. 60, 66)]
7. Secretary of State and Staff. [Sec. 34.004]
8. Federal Observers. [Voting Rights Act, 42 U.S.C.A., Sec. 1973(f)]
9. Persons accompanying a disabled voter (curbside voting). [Sec. 64.009]
10. Election staff people delivering necessary supplies. [Sec. 51.004]
11. Sheriff delivering election supplies at the request of the county election officer. [Sec.
51.009]
12. Persons approved to assist with electronic voting equipment. [Secs. 125.004, 125.006]
13. Emergency personnel, if needed.
14. Student participating in student election. [Sec. 276.007]
15. Officers specially appointed to assist in running student elections. [Sec. 276.007]
16. Voting system technicians. [Sec. 125.010]
NOTE: No one may be permitted to be inside the polling place unless specifically authorized
by law. [Sec. 61.001] Election officers (other than the precinct election judge and clerks),
party officials, or members of the media are not permitted to be in the polling place unless
they are voting or fall into one of the other groups of persons listed above, who are permitted
to be in the polling place. Loitering within 100 feet of an outside door through which a voter
may enter during the voting period is prohibited. [Sec. 61.003]
It is a Class C misdemeanor for a candidate to be present in a polling place during early
voting or on election day, unless the candidate is voting, assisting a voter, or conducting
official business within the building in which the polling place is located. If the candidate is
not in the building for one of these reasons, the candidate will not violate the section if he or
she is not engaged in campaign activity, and are not within plain view or hearing of persons
waiting to vote or persons voting. [Sec. 61.001]
30

SECTION B. GENERAL INSTRUCTIONS TO A VOTER
1.
Any voter may ask any election officer for information on voting procedures within the
polling place or on how to prepare the ballot. [Sec. 61.009]
2. The voter should be cautioned that the use of any other voting equipment and/or markers not
provided by the election officers may render his or her ballot invalid, except when write-in
votes are permitted.
3. Election officers should provide required information in such a way as not to suggest by word,
sign, or gesture how the voter should vote. A person commits a Class B misdemeanor offense
if he or she knowingly suggests to a voter how to vote. [Sec. 61.008]
4. Poll watchers and inspectors may observe any instructions given by election officers. [Secs.
33.056(a), 34.002(a)]
SECTION C. RENDERING ASSISTANCE TO A VOTER
1.
Voters who are eligible for assistance.

1) Any voter who is physically unable to mark his or her ballot. [Sec. 64.031; 52 U.S.C.
10508]
2) Any voter who cannot read the languages on the ballot. [Sec. 64.031; 52 U.S.C.
10508]
2.
Definition of Assistance. [Sec. 64.0321; Docket Nos. 60, 66]

1) Reading the ballot to the voter;
2) Directing the voter to read the ballot;
3) Marking the voters ballot as directed by the voter; or
4) Directing the voter to mark the ballot.
5) Serving as an interpreter (must also fill out a separate oath)
3.
Manner of rendering assistance.

1) A voter entitled to assistance may choose any person as his or her assistant except the
voters employer, or agent of that employer, or officer or agent of the voters union.
[Sec. 64.032(c); 52 U.S.C. 10508; Docket Nos. 60, 66] Such person must be
permitted to serve as an assistant regardless of:
The fact that that person has already assisted another voter;
The residence of that person;
The citizenship of that person;
The voter registration status of that person; or
The age of that person.
2) No other person except for the person rendering assistance is permitted to be present
while the voter prepares his or her ballot. [Secs. 33.057(b), 34.002(b), 64.002, 64.032]
3) The person who is to provide assistance must first take an oath of assistance
administered by one of the election officers. [Sec. 64.034].
"I swear (or affirm) that I will not suggest, by word, sign, or gesture, how the voter
should vote; I will confine my assistance to answering the voters questions, to stating
propositions on the ballot, and to naming candidates and, if listed, their political parties;
[and] I will prepare the voter s ballot as the voter directs; and I am not the voter s
employer, an agent of the voters employer, or an officer or agent of a labor union to
which the voter belongs."
NOTE: If the assistant is also serving as an interpreter, the person must also take
the oath of interpreter. [Sec. 61.035; Docket Nos. 60, 66]
31

4) The name and address of the person rendering assistance must be entered next to the
voters name on the poll list. However, the name and address of election officers
assisting voters do not have to be recorded on the poll list. [Sec. 64.032(d)]
5) An election officer must ask the voter if he or she wants to have the entire ballot read,
and if he or she does, the officer must instruct the person who is rendering assistance
to read the entire ballot to the voter. [Sec. 64.033(b)]
6) A voter who is eligible for assistance but who does not choose a person to assist him
or her may receive assistance from two election officers. [Sec. 64.032(a)]
Election officers must be administered an oath of assistance before rendering
assistance. Election officers only have to take the oath once, and it can be
administered along with the oaths of election officers at the beginning of the day.
[Sec. 64.034]
"I swear (or affirm) that I will not suggest, by word, sign, or gesture,
how the voter should vote; I will confine my assistance to answering the
voters questions, to stating propositions on the ballot, and to naming
candidates and, if listed, their political parties; [and] I will prepare the
voter s ballot as the voter directs; and I am not the voter s employer,
an agent of the voters employer, or an officer or agent of a labor union
to which the voter belongs."
When two election officers assist a voter, the entire ballot must be read to the voter
unless the voter tells the officers that he or she desires to vote only on certain offices
or measures. [Sec. 64.033(a)]
Poll watchers and inspectors can observe the assistance rendered by election
officers, and a poll watcher may inspect the ballot before it is deposited in the ballot
box to determine if it was prepared in accordance with the voters wishes. [Secs.
33.057(a), 34.002]
If the election is a November general election, each election officer providing
assistance must be of a different political party unless there are not two or more
officers serving the polling place aligned with different parties. [Sec. 64.032(b)]
NOTE: It is recommended that one of the two election officers rendering
assistance be the presiding judge.
4. Curbside voting.
1) If a voter is physically unable to enter the polling place without assistance or
likelihood of injury to his or her health, one election officer may deliver a ballot to
the voter at the entrance or curb of the polling place. [Sec. 64.009(a)]
Poll watchers and inspectors must be allowed to accompany the election
officer. [Secs. 33.056(a), 34.002(a)]
The voter must be qualified by the election officer before the voter can
receive the ballot. [Sec. 64.009(b) and (c)]
If using a DRE system, the election officer will deliver the DRE voting
machine to the voter rather than a ballot.
Once the voter has marked his or her ballot, the election officer deposits the
ballot for the voter. [Sec. 64.009(c)]
NOTE: On the voters request, a person accompanying the voter to the polling
place must be permitted to select the voters ballot and to deposit the ballot in the
ballot box after the voter has voted. [Sec. 64.009(d)]
2) If the voter is not only physically unable to enter the polling place, but is also eligible
for voter assistance in marking his or her ballot:
32
Two election officers may assist the voter; [Sec. 64.032(a)] or

The voter may be given assistance by a person of the voters choice, other than
the voters employer or agent of that employer or officer or agent of the voters
union. [Sec. 64.032(c); 42 U.S.C.A. 1973aa-6]
Make sure to allow the curbside voter the same privacy as a voter at the voting
booth.
SECTION D. USING ENGLISH AND INTERPRETERS

1) All election officers, while on duty at the polling place, must use English, except when helping
a voter who does not understand English. Whenever English is not used either by a voter or
by an election officer, any other election officer or a poll watcher, upon request, must receive
an English translation of anything spoken. [Secs. 61.031, 61.036]
2) If a voter cannot communicate in English, an election officer may communicate with the voter
in a language the officer and the voter understand. [Sec. 61.031(b)]
3) The voter may also select an interpreter subject to the qualifications below, to communicate
with the election officer(s) attending to the voter in a language that is not English, regardless
of whether the election officer who attempts to communicate with the voter understands or
does not understand the language used by the voter. [Sec. 61.032; Docket Nos. 60, 66)]
1) The voter may select an interpreter who is not the voters employer, an agent of the
voters employer, or an officer or agent of a labor union to which the voter belongs.
[Docket Nos. 60, 66] An interpreter may interpret for any number of voters. For each
voter, the interpreter must take the oath of interpreter. [Sec. 61.035]
2) The interpreter may be a person provided by the authority conducting the election.
However, even if an interpreter is provided, a voter may use an interpreter of his or her
own choosing. [Sec. 61.032]
4) An interpreter may provide assistance to the voter in accordance with Section C, so long as the
interpreter also takes the oath of assistance referenced in that Section and follows the other
procedures applicable to assistants referenced in Section C above [Docket Nos. 60, 66].
5) If no interpreter is available at the polling place, the authority responsible for appointing the
election judges may have appointed an interpreter to serve at a central location to provide
assistance for Spanish-speaking voters and voters speaking any other languages required by
the federal government based on the most recent federal census. [Sec. 272.009]
SECTION E. MISCELLANEOUS PROVISIONS
Written Communication
Written communications may be used by voters inside the polling place. Election officers must
periodically check each voting station and common areas of the polling place for sample ballots
or other written materials pertaining to the election that may have been discarded by previous
voters. [Sec. 61.011]
Electioneering and Loitering
It is unlawful for any person to electioneer or loiter within the boundary established by the distance
markers. An offense is a Class C misdemeanor. [Secs. 61.003] Neither election officers nor peace
officers may enforce electioneering or loitering statutes outside the 100 ft. distance marker. [Sec.
32.075]
1. It is the duty of the presiding judge to prevent unlawful electioneering or loitering. [Sec.
32.075(a)]
33

2. A special peace officer may be appointed by the presiding judge to preserve order. In order
to be appointed as a special peace officer at a polling place by a presiding judge, one must
be licensed as a peace officer by the Texas Commission on Law Enforcement. [Sec.
32.075]
3. Approval of the appointment of the special peace officer by the presiding officer of the
local canvassing authority is needed before this officer can enforce electioneering and
loitering laws. [Sec. 32.075(b)]
NOTE: Exit polling without electioneering is permissible outside the polling place but
within the distance markers. However, the judge has discretion to tell persons conducting
exit polls to go beyond the distance markers if their activities are disruptive to voters.
A candidate seeking petition signatures may not do so within the 100 ft. distance marker.
4. Election judges, clerks, state or federal election inspectors, peace officers, and poll
watchers must wear name tags or official badges, as applicable, while on duty to indicate
the persons name and title or position. [Secs. 31.051(f), 61.010(b)] The tags should be in
your election kit. If you do not have tags, you may create your own, but they must comply
with the form prescribed by the Secretary of State.
Except for the individuals listed above, 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. Therefore, election judges and clerks, federal and state inspectors, peace
officers, and poll watchers are the only persons allowed to wear a badge. Wearing an
unauthorized name tag or badge within the polling area is a Class C misdemeanor. [Sec.
61.010]
Revealing Information
1. No one connected with the conduct of the election may reveal any of the following
information while the polls are open:
The names of voters who have or have not voted in the election. [Sec. 61.007(a)(4)]
The number of votes cast that have been received by individual candidates and/or
for or against propositions. [Sec. 61.007(a)(1)]
A candidates position relative to other candidates in the tabulation of the votes or
whether a measure is passing or failing. [Sec. 61.007(a)(2) and (3)]
Unlawfully revealing the above information is a Class A misdemeanor.
2. Election judges must post information about the number of voters who have voted at twohour intervals beginning at 9:30 a.m. and running through 5:30 p.m. Post the notice next
to the entrance to the polling place. [Sec. 61.007(c)]
Influencing a Voter
1. No one connected with the conduct of the election may indicate by sign, symbol, word, or
writing to any voter how he or she should or should not vote. [Sec. 61.008] This includes:
interpreters;
assistants; [Sec. 64.034]
poll watchers; and [Sec. 33.058(a)]
inspectors.
2. An offense under this section is a Class B misdemeanor. [Sec. 61.008(b)]
34

Unlawful Use of a Sound Amplification Device
It is unlawful for a person to use any sound amplification device (e.g., loudspeaker) for political
speech or electioneering within 1,000 feet of the polling place. [Sec. 61.004]
Use of Cell Phones and Other Wireless Communication Devices
1. The use of wireless communication devices (e.g., cell phones) are prohibited in the polling
place, except as used by polling place officials and persons employed in the building where
the polling place is located. A poll watcher must swear by affidavit that he or she either
does not possess a device capable of recording images or sound or that the watcher will
disable or deactivate the device while serving as a watcher, and prohibits the watcher from
serving until he or she has done so. [Secs. 33.051, 61.014]
2. The election judge must post a notice of the prohibition against use of wireless and
recording devices where voters are waiting to vote. [Sec. 62.0111]
3. A poll watcher is considered to have served continuously if the watcher leaves the polling
place for the purpose of using a wireless communication device prohibited from use in the
polling place and promptly returns. [Secs. 33.052(b), 62.011]
SECTION F. CASTING THE BALLOT
1. A voter who makes a mistake while marking his or her ballot may take the spoiled ballot
to an election officer and exchange it for a new ballot. [Sec. 64.007(a)]
NOTE: A voter may spoil up to 2 ballots and vote a third ballot. [Sec. 64.007(b)]
2. The election officer shall put the name of the voter and the ballot number on the register of
spoiled ballots, indicate on the ballot it is spoiled, and place the spoiled ballot in Ballot Box
No. 4.
3. After the voter has prepared his or her ballot, the voter folds the ballot in such a way that
the back of the ballot, which contains the presiding judges signature, is exposed and
deposits the folded ballot into the ballot box provided for the deposit of voted ballots and
leaves the polling place. [Sec. 64.008]
NOTE: When optical scan ballots are used, the ballots should not be folded as folding the
ballots make it difficult for the tabulator to read the voters marks.
35

CHAPTER 4
EXAMINING, PREPARING, AND COUNTING VOTED BALLOTS
1. The procedures you follow at your precinct for managing ballots and preparing and
distributing records will depend on how and where ballots are counted as follows:
Optical Scan Tabulator at the polling place;
Optical Scan Tabulator at the central counting station, regional substation, or at

the appropriate authority, as applicable;
Hand-count at the precinct; and/or
DRE or other accessible voting equipment at the precinct.

2. Each voter will mark a paper ballot by hand or by using an electronic ballot marker and
then place it in either an optical scan tabulator or a ballot box, depending on your precinct
and jurisdiction. Alternatively, voters may vote directly on a DRE machine.
3. The Optical Scan Tabulator at the precinct electronically reads each vote on each paper
ballot as it is fed into the machine. The tabulator provides a total of votes for each candidate
and measure on the ballot.
SECTION A. PROCEDURES FOR COUNTING OPTICAL SCAN BALLOTS,
INCLUDING WRITE-IN BALLOTS, AT POLLING PLACE USING PRECINCT
BALLOT COUNTERS
1. After the polls close, the election judge must close the precinct ballot counter machine and
secure it so that no additional ballots may be deposited.
2. The election judge must produce 2 copies of the election returns from the machine, which
keeps a total of the votes cast for each candidate and measure on the ballot.
3. After the returns have been produced, the election judge must secure the machine with lock
and seal.
4. If votes are accumulated at a central counting station, the election judge must remove the
memory card (or other device which stores the election totals) from the machine, document
the breaking of the seal to remove the memory card and place one copy of the returns,
along with the memory card into the appropriate envelope (or other container designated
by the authority conducting the election); we recommend documentation of these events
by at least two election officers. The election judge must seal the envelope and sign across
the seal. One election officer and at least one poll watcher, if applicable, must sign the
envelope.
1) The counted ballots must first be reviewed for irregularly-marked ballots after
tabulation. If the election officers discover more than one irregularly-marked ballot
that the tabulator could not accurately tabulate, then the election officers must
separate all the irregularly-marked ballots from the others, and bring all the ballots
to the central counting station, where the irregularly-marked ballots must be
duplicated. The duplicated ballots must then be substituted for the original ballots
and automatically counted with the rest of the ballots at the central counting station.
2) If one ballot has been irregularly-marked, then that ballot must be placed in an
envelope prescribed by the Secretary of State and delivered to the central counting
station. The election officers at central count must examine this irregularly-marked
ballot and make adjustments to the totals certified by the precinct election judge to
indicate the intent of the voter. The election results for this precinct are then
manually entered into the election processing system. The envelope containing the
irregularly-marked ballot must be placed in the ballot box with the regularlymarked ballots and preserved for the preservation period. [Sec. 127.157]
3) Below are examples of irregularly-marked ballots:
36

Candidates for
First Office
Second Office
Third Office
Fourth Office
Fifth Office
Sixth Office
Seventh Office
Eighth Office
Etc.
*
*
*
*
*
*
*
PARTY A
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
PARTY B
Candidate
Candidate
Candidate
Candidate
PARTY C
Candidate
Candidate
Candidate
INDEPENDENT
Candidate
Candidate
Candidate
WRITE-IN
_______
_______
_______
Candidate
Example 1. Illustration of the scratch method.

Candidates for
First Office
Second Office
Third Office
Fourth Office
Fifth Office
Sixth Office
Seventh Office
Eighth Office
Etc.
PARTY A
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
PARTY B
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
PARTY C
Candidate
INDEPENDENT
Candidate
Candidate
Candidate
WRITE-IN
________
________
________
Candidate
Candidate
Candidate
Example 2. Illustration of lack of knowledge of intent of voter.

Candidates for
First Office
Second Office
Third Office
Fourth Office
Fifth Office
Sixth Office
Seventh Office
Eighth Office
Etc.
PARTY A
Candidate
Candidate
Candidate
Candidate
* Candidate
* Candidate
Candidate
Candidate
PARTY B
* Candidate
* Candidate
Candidate
* Candidate
*
*
PARTY C
Candidate
INDEPENDENT
WRITE-IN
______
______
* Joe Doe
Candidate
Candidate
Example 3. Illustration of voter voting straight party but casts individual votes in the other
party column and for a declared write-in.
(The asterisks indicate the candidates for whom the ballot is counted)
37

Candidates for
PARTY A PARTY B
PARTY C
INDEPENDENT
WRITE-IN
First Office
Candidate
Candidate
Candidate
*
Joe Doe
Second Office
Candidate * Candidate
______
Third Office
______
Fourth Office
Candidate
Candidate
Fifth Office
Candidate
Sixth Office
Candidate
Seventh Office
Eighth Office
Etc.
Example 4. Illustration of voter failing to mark an "X" in the write-in box. The write-in
vote may be counted if the presiding judge can determine intent of voter.
(The asterisks indicate the candidates for whom the ballot is counted)
5. Manually Counting Precinct Count Optical Scan Ballots (if instructed to count ballots taken
from precinct counter and/or to count write-in votes; note this is not very typical)
1) If the tabulating equipment is not working properly and if the presiding judge
concludes that it will not be possible to use a precinct ballot counter, the election
officers must either manually count all voted ballots or deliver the ballots for
tabulation at a central counting station. At the direction of the authority conducting
the election, write-in voting may be counted at the polling place. The rules for
manually counting ballots are listed below:
2) If the counting officers have not taken the oath administered to election judges and
clerks, they must do so before counting voted ballots. (See oath on page 2.)
3) Three original tally lists are required. [Sec. 65.004] These tally lists should be
completely filled out, which includes the following:
names and offices of candidates; and/or
date;
propositions;
precinct number;
type of election;
name of presiding judge; and
signature of the person keeping the tally list.
4) Before the counting begins, the ballot box or other designated container should be
inspected to ensure that it is empty. It should then be locked and remain locked
(except as authorized by the presiding judge) and within view of the counting
officers. [Sec. 62.005]
5) If a ballot is not counted because two or more marked ballots were folded together
or because the judge determines the ballot was not provided to the voter at the
polling place, an election officer must indicate on the back of the ballot the reason
for not counting it. [Sec. 65.010(e)]
NOTE: If you have a marked ballot folded along with a blank ballot, you should
still count the marked ballot. The voter may have unintentionally picked up two
ballots, but only voted one.
6) The officer designated as the reader should remove the ballots from the ballot box.
[Sec. 65.005]
7) The reader must read and distinctly announce, to the officers keeping the tally lists,
each name of a candidate or proposition for which there is a vote. [Sec. 65.005(a)]
38
The failure of a voter to mark his or her ballot in strict conformity with the law does
not invalidate the ballot. [Sec. 65.009]
The failure of a voter to vote a full ballot does not invalidate the ballot. [Sec.
65.009]
A ballot shall be counted on all races and propositions where the intent of the voter
is clearly ascertainable, except where the law expressly prohibits the counting of
the ballot. [Sec. 65.009]
If a provisional ballot is found outside a provisional ballot affidavit envelope, the
ballot shall not be counted. [Sec. 65.005(d)]
An individual vote is not counted if:
o The intent of the voter cannot be determined. [Sec. 65.009]
o The voter marked more than one candidate for one race, except in
municipal, school board, or other political subdivision elections where it is
possible to vote for more than one candidate in the same race. [Sec. 65.011]
o The voter voted for more candidates than the number of persons to be
elected to an office in a municipal, school board, or other political
subdivision election where he or she was entitled to vote for more than one
candidate in the same race. [Sec. 65.011]
o The voter used a sticker or rubber stamp with the name of a write-in
candidate printed or written on it. [Sec. 65.008(b)]
o The election is a November general election, city council officer elections,
an independent and common school district trustee election, special
elections for state representative and state senator, or other elections where
declaration of write-in is required and the voter writes in the name of a
person whose name is not on the list of declared write-in candidates. [Secs.
144.006, 146.031(d), 146.054, 146.055, 146.082, 171.0231 Texas Election
Code; Secs. 11.056(c), 11.304, 130.081, 130.0825, Texas Education Code;
Sec. 285.131, Texas Health and Safety Code; Secs. 326.0431 & 326.0432,
Texas Local Government Code; Secs. 36.059, 49.101, 63.0945, Texas
Water Code]
o The election is a runoff election and the vote is a write-in. [Sec. 146.002]
o The voter did not vote for both the presidential and vice-presidential
candidate of the same party, except when the voter writes in the name of a
declared write-in presidential candidate the vote shall be counted even if the
name of the corresponding vice-presidential candidate is not written in.
[Sec. 192.037]
A ballot is not counted if:
o The intent of the voter cannot be determined for any races or propositions
on the ballot. [Sec. 65.009]
o Two or more marked ballots are folded together. [Sec. 65.010]
o The ballot is not numbered and the presiding judge determines that the
ballot was not provided at the polling place. [Sec. 65.010]
o The ballot was not deposited in the ballot box. [Sec. 65.010]
Failure to mark a ballot in strict conformity with this code does not invalidate the
ballot. A vote shall be counted if the voters intent is clearly ascertainable unless
other law prohibits counting the vote. [Sec. 65.009]
As each vote is read, a tally mark is made by the corresponding name or number on
the tally sheets. [Sec. 65.005(a)]
The tally lists should be compared periodically and any errors or discrepancies
corrected. [Sec. 65.005(b)]
39
When the reader has completely read and announced all votes on the ballot, he or
she deposits the ballot in the ballot box or other designated container. [Sec.
65.012(a)]
Any voted ballot not counted is deposited in the ballot box or other designated
container. [Sec. 65.012(b)]
NOTE: The presiding judge or the counting clerk(s) must make a note on the back of
any voted ballot not counted indicating why that ballot was not counted. [Sec.
65.010(c)]
Tallying straight ticket votes.
i. Count a straight ticket ballot by tallying the party receiving the vote instead of
tallying each partys candidate. [Sec. 65.007(b)]
ii. A straight ticket ballot is one where the voter marks a party with the intent that
all candidates of the party will receive his or her vote. [Sec. 1.005(20)]
SECTION B. PRE-LOCKED, PRE-SEALED BALLOT BOX PROCEDURES FOR
OPTICAL SCAN BALLOTS COUNTED AT A CENTRAL COUNTING STATION [Sec.
127.061]
1. Locked ballot box(es) are not opened at the polling place for any reason. [Secs. 127.066(c),
127.068(a)]
2. The voters deposit their ballots directly into ballot boxes. It may be necessary to shake the
box to allow the ballots to settle to the bottom.
3. After the polls close, insert the ballots attached to form labeled Spoiled or Mutilated into
the ballot box through the ballot box slot. The ballot box should remain locked.
4. Seal the ballot box slot with a paper seal. The presiding judge, election clerk, and two poll
watchers of opposing interests, if present, sign the seal. [Sec. 127.066(b)] If the box is
designed so that a wire hasp seal is needed to seal the ballot box, the serial number must
also be included on the ballot and seal certificate.
5. Deliver the ballot boxes as directed to the central counting station, or regional substation,
where ballots will be examined and counted.
6. The examination and processing of ballots takes place at the central counting station rather
than at the polling place. [Sec. 127.069]
7. The authority conducting the election may provide by order, resolution, or other official
action that the processing of optical scan ballots will begin while the polls are open for
voting on election day and may have the ballot boxes containing voted ballots delivered to
the central counting station at stated intervals during the day or at one time after the polls
close. Otherwise, deliver all boxes at one time after the polls close. [Sec. 127.124]
SECTION C. PRELIMINARY COUNTING PROCEDURE FOR HAND COUNTED
PAPER BALLOTS
1. The presiding judge may tell the counting officers to start counting ballots if it is after 8:00
a.m. and there are more than 10 ballots in the box containing voted ballots. [Sec. 65.002(a),
(b)]
1) If the counting of ballots has not yet started, it must start at 7:00 p.m. or when the
polls close, whichever is later, and continue without interruption until all ballots are
counted. [Sec. 65.002(c)]
2) Each counting team must consist of at least two people. [Sec. 65.001]
NOTE: You may keep track of the number of ballots cast by noting on the poll list
when Ballot Boxes No. 1 and No. 2 are interchanged.
40

2. If the counting officers have not taken the oath administered to election judges and clerks,
they must do so before counting voted ballots. [Sec. 62.003(b)] (See oath of election
officers in Chapter 1 or in Section 62.003 of the Texas Election Code.)
3. Three original tally lists are required. [Sec. 65.004] These tally lists should be completely
filled out and include the following:
-- names and offices of candidates; and/or
-- propositions;
-- date;
-- precinct number;
-- type of election;
-- name of presiding judge; and
-- signature of the person keeping the tally list.
4. Before the counting begins, Ballot Box No. 3 should be inspected to ensure that it is empty.
It should then be locked and remain locked (except as authorized by the presiding judge)
and within view of the counting officers.
5. No marks should be made on any ballot by an election officer, except that if a ballot is not
counted, an election officer must indicate on the back of the ballot the reason for not
counting it. [Sec. 65.010(c)]
SECTION D. THE COUNTING PROCEDURE FOR PAPER BALLOTS
1. The counting officers should open the ballot box containing voted ballots as soon as it is
received.
2. Provisional ballot envelopes, if any, must be separated from the ballots and placed in Ballot
Box No. 4. [1 T.A.C. 81.172-81.174, 81.176]
3. The officer designated as the reader should remove the ballots from the ballot box. [Sec.
65.005]
4. The reader must read and distinctly announce, to the officers keeping the tally lists, each
name of a candidate or proposition for which there is a vote. [Sec. 65.005]
5. Failure to mark a ballot in strict conformity with the Texas Election Code does not
invalidate the ballot. A vote shall be counted if the voters intent is clearly ascertainable
unless other law prohibits counting the vote. [Sec. 65.009]
6. As each vote is read, a tally mark is made by the corresponding name or number on the
tally lists. [Sec. 65.005]
7. The tally lists should be compared periodically and any errors or discrepancies corrected.
[Sec. 65.005(b)]
8. When the reader has completely read and announced all the votes on the ballot, he or she
deposits the ballot in Ballot Box No. 3. [Sec. 65.012(a)]
9. Any voted ballot that is not counted is also deposited in Ballot Box No. 3 with an indication
on the back of the ballot as to the reason. [Sec. 65.012(b)]
41

SECTION E. RULES FOR COUNTING PAPER BALLOTS
(See generally Chapter 65 and Sections 64.003-64.006.)
1. The voter should mark his or her ballot by placing an "X" or other mark in the square beside
each candidate, proposition, or party column for which he or she wishes to vote (See Figure
1). [Sec. 64.003]
(General Election Ballot)

Candidates for
Governor
PARTY A
PARTY B
Candidate A
Candidate B
PARTY C
Independent
Write-In
* Candidate C
Figure 1. Illustrations of marked ballots.

2. Election officers may not refuse to count a ballot because the voter marked his or her ballot
by scratching out the names of candidates for whom, or the statement of propositions for
which he or she did not want to vote (See Figure 2.) [Sec. 65.009(b)]
Candidates for
First Office
Second Office
Third Office
Fourth Office
Fifth Office
Sixth Office
Seventh Office
Eighth Office
Etc.
*
*
*
*
*
*
*
PARTY A
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
PARTY B
Candidate
Candidate
Candidate
Candidate
PARTY C
Candidate
Candidate
Candidate
Independent
Candidate
Candidate
Candidate
Candidate
Figure 2. Illustration of the scratch method.

42
Write-In
_______
_______
_______

3.
In the general election, if a ballot indicates a straight-party vote and a vote for an opponent of
one or more of that partys nominees, a vote shall be counted for that opponent and for each
of the partys other nominees whether or not any of those nominees have received individual
votes. [Sec. 65.007(c)] (See Figures 3 and 4.)
Candidates for
First Office
Second Office
Third Office
Fourth Office
Fifth Office
Sixth Office
Seventh Office
Eighth Office
Etc.
PARTY A
Candidate
Candidate
* Candidate
* Candidate
* Candidate
* Candidate
* Candidate
Candidate
PARTY B
Candidate
* Candidate
Candidate
Candidate
PARTY C
* Candidate
Candidate
* Candidate
Independent
Candidate
Candidate
Candidate
Write-In
________
________
________
Candidate
Figure 3. Illustration of ballot with one party square marked and

individual candidates marked in one or more other columns.
Candidates for
First Office
Second Office
Third Office
Fourth Office
Fifth Office
Sixth Office
Seventh Office
Eighth Office
Etc.
PARTY A
Candidate
* Candidate
* Candidate
* Candidate
* Candidate
* Candidate
* Candidate
Candidate
PARTY B
Candidate
Candidate
Candidate
Candidate
PARTY C
Candidate
Candidate
* Candidate
Independent
* Candidate
Candidate
Candidate
Write-In
________
________
________
Candidate

One party square marked and individual candidates marked
in both that column and one or more other columns.
Guideline No. 1. Where both the party square and individual candidates are marked in the
same party column, and individual candidates are marked in some other column, the election
officer must count a vote for all the partys candidates except for those whose opponents in
other columns received individual votes, in which case the votes for the individuals in the
other columns are counted.
Note:
Individual marks always override the straight party mark. Individual marks
are counted in lieu of straight party marks. In both Figures 3 & 4, individual
tally marks are made for candidates rather than making a tally mark for the
party.
43

4.
Ballots not marked in conformity with the law.

1) A vote must be counted if the intent of the voter is clearly ascertainable. [Sec.
65.009(c)] (See Figure 5.)
Candidates for
First Office
Second Office
Third Office
Fourth Office
Fifth Office
Sixth Office
Seventh Office
Eighth Office
Etc.
PARTY A
* Candidate
Candidate
* Candidate
Candidate
Candidate
* Candidate
Candidate
Candidate
PARTY B
Candidate
* Candidate
Candidate
Candidate
PARTY C
Candidate
Candidate
* Candidate
INDEPENDENT
Candidate
Candidate
Candidate
WRITE-IN
________
________
________
Candidate

Two party squares marked and individual candidates also marked in one or more columns.
Guideline No. 2. Where more than one party square is marked, those votes may not be
tallied, and the ballot may be counted only for candidates individually marked, if any.
(If there are no candidates individually marked, no portion of the ballot is counted.)
[Sec. 65.007(d)]
2) An entire ballot cannot be voided if the intent of the voter can be determined for any
one race or proposition on the ballot. [Sec. 65.009(c)]
3) An individual vote is not counted in the following situations (see next two pages also):
An individual vote is not counted if the intent of the voter cannot be determined.
[Sec. 65.009(c)]
An individual vote is not counted if the voter marked more than one candidate
for one race.
In municipal, school board, or other political subdivision elections where it is
possible to vote for more than one candidate in the same race, a ballot may not
be counted if a voter has marked more candidates than are to be elected. [Sec.
65.011] A ballot is not invalid if the voter has marked fewer candidates than
the number to be elected. [Sec. 65.009]
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Figure 6. Illustration of over-voting; voter has voted for more candidates
than are to be elected. (No portion of this ballot is counted.)
44

* Candidate
Candidate
* Candidate
Candidate
Candidate
Candidate
Figure 7. Illustration of under-voting, by which voter has voted for fewer candidates
than are to be elected. (A vote is counted for each candidate receiving a vote.)
An individual vote is not counted if:

o The voter used a sticker or rubber stamp with the name of a write-in
candidate printed or written on it. [Sec. 65.008(b)]
o The election is a November general election, city council officer elections,
an independent or common school district trustee election, hospital district
election, special elections for state representative and state senator, or other
elections where declaration of write-in is required and the voter writes in
the name of a person whose name is not on the list of declared write-in
candidates. [Secs. 144.006, 146.031(d), 146.054, 146.055, 146.082,
171.0231 Texas Election Code; Secs. 11.056(c), 11.304, 130.081,
130.0825, Texas Education Code; Sec. 285.131, Texas Health and Safety
Code; Secs. 326.0431 & 326.0432, Texas Local Government Code; Secs.
36.059, 49.101, 63.0945, Texas Water Code]
o The election is a runoff election and a voter writes in any candidates name;
no write-in votes may be counted at a runoff election. [Sec. 146.002]
o The voter voted for the presidential candidate of one party and the vicepresidential candidate of another party or voted for the presidential or vicepresidential candidate of one party and wrote in the name of a candidate he
or she desires to vote for instead of that candidates running mate. [Sec.
192.037]
45

4) A ballot is not counted in the following situations:
A ballot is not counted if the intent of the voter cannot be determined. [Sec.
65.009] (See Figure 9.)
Candidates for
First Office
Second Office
Third Office
Fourth Office
Fifth Office
Sixth Office
Seventh Office
Eighth Office
Etc.
PARTY A
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
PARTY B
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
PARTY C
Candidate
INDEPENDENT
Candidate
Candidate
Candidate
WRITE-IN
________
________
Joe Doe
Candidate
Candidate
Candidate
Figure 8. Illustration of lack of knowledge of intent of voter.

Candidates for
First Office
Second Office
Third Office
Fourth Office
Fifth Office
Sixth Office
Seventh Office
Eighth Office
Etc.
PARTY A
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
PARTY B
Candidate
Candidate
Candidate
Candidate
PARTY C
Candidate
Candidate
Candidate
INDEPENDENT
Candidate
Candidate
Candidate
WRITE-IN
________
________
________
Candidate

Two party squares marked and no individual candidates marked.
Guideline No. 3. Where more than one party square is marked, there is a contradiction as to
party markings, and no portion of the ballot is counted. Note: This will not impact other
elections listed separately on the same ballot.
A ballot is not counted if two or more marked ballots are folded together in a manner
that indicates they were folded together when deposited in the ballot box by the voter.
[Sec. 65.010(a)(2)]
NOTE: If you have a marked ballot folded along with a blank ballot, you should still
count the marked ballot. The voter may have unintentionally picked up two ballots,
but only voted one.
A ballot is not counted if the ballot is not numbered or not signed by the judge and the
judge determines the ballot was not provided at the polling place. A ballot that is
unnumbered or unsigned may be counted if the judge determines that it was provided
at the polling place. [Sec. 65.010(a)(1) and (b)]
If a marked ballot is found in a location other than inside the ballot box, the entire ballot
may not be counted. The election judge must make a notation on the back of the ballot
as to the reason it was not counted. This ballot is then placed in Ballot Box No. 3 with
other ballots that have been counted. [Sec. 65.010(a)(4)]
46
A provisional ballot is not counted if it is found by an election worker in the ballot box
and it is not sealed in the provisional voter affidavit envelope. [T.A.C. 81.17281.174, 81.176]
5) Tallying straight-party vote (See Figures 10, 11 and 12.)
Count a straight-party vote by tallying for the party receiving the vote instead
of tallying for each party candidate(s). [Sec. 65.007(b)] However, if a ballot
indicates a straight-party vote and a vote for an opponent of one or more of that
partys nominees, a vote shall be tallied for the opponent and for each of the
partys other nominees whether or not any of those nominees have received
individual votes (See Figures 3 and 4). [Sec. 65.007(c)] Do not tally a straightparty vote in this situation.
A straight-party vote is one where the voter marks a party with the intent that
all candidates of this party will receive his or her vote. [Sec. 64.004]
Candidates for
PARTY A
First Office
Second Office
Third Office
Fourth Office
Fifth Office
Sixth Office
Seventh Office
Eighth Office
Etc.
*
*
*
*
*
*
*
*
PARTY
PARTY C
INDEPENDENT
WRITE-IN
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
________
________
________
B
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Figure 10. Casting a straight-party vote by marking the party square.

Candidates for
First Office
Second Office
Third Office
Fourth Office
Fifth Office
Sixth Office
Seventh Office
Eighth Office
Etc.
PARTY A
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
PARTY B
* Candidate
* Candidate
* Candidate
* Candidate
PARTY C
Candidate
* Candidate
* Candidate
INDEPENDENT
Candidate
Candidate
Candidate
Candidate
Figure 11. Casting a straight-party vote by marking individual squares

of all nominees of a party.
47
WRITE-IN
________
________
________

Candidates for
First Office
Second Office
Third Office
Fourth Office
Fifth Office
Sixth Office
Seventh Office
Eighth Office
Etc.
PARTY A
* Candidate
* Candidate
* Candidate
* Candidate
* Candidate
* Candidate
* Candidate
* Candidate
PARTY B
Candidate
Candidate
Candidate
Candidate
PARTY C
Candidate
Candidate
Candidate
INDEPENDENT
Candidate
Candidate
Candidate
WRITE-IN
________
________
________
Candidate
Figure 12. Illustration of Guideline 4.

One party square marked and individual candidates in the partys column also marked.
Guideline No. 4. Where only one party square is marked, and names of any or all of that
partys nominees are marked individually, but no candidate outside that party is marked,
the ballot must be counted as a vote for all nominees of that party whose square is marked.
But do not count double the votes. This is often referred to as an emphasis vote. Make
a tally mark for the party.
Write-in Votes.
o In the November general election, city council officer elections, an
independent or common school district trustee election, hospital district
election, special elections for state representative and state senator, or other
elections where declaration of write-in is required and the voter writes in
the name of a person whose name is not on the list of declared write-in
candidates, the vote is not counted. [Secs. 144.006, 146.031(d), 146.054,
146.055, 146.082, 171.0231 Texas Election Code; Secs. 11.056(c), 11.304,
130.081, 130.0825, Texas Education Code; Sec. 285.131, Texas Health and
Safety Code; Secs. 326.0431 & 326.0432, Texas Local Government Code;
Secs. 36.059, 49.101, 63.0945, Texas Water Code]
o In a runoff election, no write-ins are counted. [Sec. 146.002]
o The first time a name is read, enter it on the tally list and also make a tally
mark by the name. Each subsequent time the name is read, make a tally
mark by the name. [Sec. 65.005(a)]
o In all elections other than those listed in subsection (a) above, all write-ins
are counted. [Sec. 146.001]
Candidates for
First Office
Second Office
Third Office
Fourth Office
Fifth Office
Sixth Office
Seventh Office
Eighth Office
PARTY A
Candidate
Candidate
Candidate
Candidate
* Candidate
* Candidate
Candidate
Candidate
PARTY B
* Candidate
* Candidate
Candidate
* Candidate
*
*
PARTY C
Candidate
Candidate
Candidate
48
INDEPENDENT
WRITE-IN
_______
_______
* Joe Doe

Etc.
Figure 13. Casting a write-in vote. Illustration of Guideline 5.
Guideline No. 5. Where voter marks straight party but votes for a declared write-in, the
write-in vote is counted.
Candidates for
First Office
Second Office
Third Office
Fourth Office
Fifth Office
Sixth Office
Seventh Office
Eighth Office
Etc.
PARTY A
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
Candidate
PARTY B
Candidate
* Candidate
* Candidate
Candidate
*
*
PARTY C
Candidate
INDEPENDENT
WRITE-IN
* Joe Doe
_______
_______
Candidate
Candidate
Figure 14. Casting a write-in vote. Illustration of Guideline 6.

Guideline No. 6. Where voter fails to properly mark an "X" in the write-in box, the writein vote may be counted if the voter has written in the name of the declared write-in
candidate for elections where declarations are required or name of person in elections
where they are not required and the presiding judge can determine the intent of the voter.
[Secs. 52.070(e), 65.009]
A ballot voted where the voter only marked an X in the write-in square and did not write-in the
name of a declared write-in candidate should not be counted.\
SECTION F. USING DRE EQUIPMENT AT THE POLLING PLACE
Closing the polls that use electronic voting devices is different than closing polls that use paper
ballots, and you will be provided detailed instructions for use of the equipment by the authority
conducting the election. Below are some general guidelines that should be followed, along with
the detailed instructions provided locally:
1.
Perform the action necessary on each voting device to officially close the polls, so no more
votes can be recorded;
2.
Verify and document the public count on each voting device, and any other applicable
device;
3.
Verify that the public count(s) equal the number of voters who signed the roster;
4.
Print a minimum of 2 copies of the election results. (Note: during early voting, do not print
out the precinct results tape.);
5.
The presiding judge, an election clerk, and not more than 2 poll watchers, if one or more are
present, must sign the election results;
6.
Follow the instructions of the authority conducting the election, but if directed to do so,
remove the memory card, or other device which stores the election totals, from the accessible
voting device, and document breaking of the seal to remove the memory card (we
recommend this be documented by two election officers);
7.
Place copies of the election results as instructed by the authority conducting the election;
49

8.
9.
10.
11.
12.
13.
If applicable, place the memory card in a secure container as instructed by the authority
conducting the election;
Disconnect the electronic voting equipment;
Disassemble the voting equipment, if instructed by the authority conducting the election;
Complete the paperwork;
Secure the equipment and other election materials from any unauthorized access;
The authority conducting the election will provide detailed instructions on how, when, and
where to return the voting system equipment and supplies.
50

CHAPTER 5
CLOSING AND SECURING THE POLLING PLACE
NOTE: At the end of Election Day, the various forms that came out of the Election Kit (or other
supply bag provided by the local authority) at the beginning of the day must be distributed
to appropriate authorities in particular envelopes (5) and ballot boxes (Nos. 3 & 4).
Leftover forms go back into the Election Kit (or other supply bag provided by the local
authority). Signage can be taken down and placed in Ballot Box No. 4 (or other container
if there is no Ballot Box No. 4). The local authority conducting the election will provide
detailed instructions to supplement the procedures provided in this Chapter.
SECTION A. CLOSING THE POLLING PLACE
1. Officially close and lock the door to the polling place at 7:00 p.m. [Sec. 41.031(a)]
2. If people are waiting in line to vote at 7:00 p.m., they must be allowed an opportunity to
present themselves for voting. [Sec. 41.032]
1) Have all the people enter the polling place, if possible, and lock the door.
2) If it is not possible to get all of the people waiting in line into the polling place,
position an election officer after the last person in line at 7:00 p.m., or
3) Distribute numbered identification cards, tokens, etc. to people waiting in line at
the time for official closing of the polls. [Sec. 41.032(b)]
3. After the polling place is officially closed and the last person has voted, the presiding judge
may from time to time make an unofficial announcement of the total number of votes
counted for each candidate and/or for or against each proposition in the order that they
appear on the ballot. [Sec. 65.015(a)]
NOTE:
The authority conducting the election may require or prohibit such
announcements. [Sec. 65.015(b)] Unofficial election results must be released by
the central counting station as soon as they are available after the polls close, but
the presiding judge of the central counting station, in cooperation with the county
election officer (the county clerk, elections administrator, or tax assessor collector,
as appropriate to the county), may choose to withhold the release of vote totals until
the last voter has voted. [Sec. 127.1311]
4. The election records are placed in the appropriate envelopes or containers as prescribed
below depending on the type of voting method used: precinct optical scan/accessible voting
equipment (e.g., DRE), precinct counter/tabulator, central counting optical scan, and hand
counted paper ballots.
NOTE: If an electronic pollbook is used, and is not capable of generating the number of
copies of forms needed as described below, and no photocopy machine is available
at the polling place, the general custodian of election records shall establish the
procedures to make the necessary copies described below.
5. The presiding judge must deliver Envelope No. 1 to the presiding officer of the local
canvassing authority. If that officer is unavailable, the envelope shall be delivered to the
general custodian of election records for delivery to the presiding officer before the time
set for the local canvass of the election. [Sec. 66.051(a)]
6. 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 records. [Sec. 66.051(b)]
7. The presiding judge shall retain Envelope No. 3. [Sec. 66.051(c)]
8. The presiding judge must deliver Envelope No. 4 to the Voter Registrar, or if that officer
is unavailable, to the general custodian of election records for later delivery to the Voter
Registrar. [Sec. 66.051(d)]
51

9. The presiding judge must deliver the keys for Ballot Box No. 3 or other secured container,
to:
1) The sheriff for an election ordered by the governor or a county authority [Sec.
66.060(a)(1)]
NOTE: In a year in which the office of sheriff appears on the ballot, the key is
delivered to the county judge, unless the office of county judge is also on the ballot,
in which case the key is delivered to the county auditor, or to a 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. [Sec. 66.060(a)(1)]
2) The chief of police or city marshal for an election ordered by a city authority. [Sec.
66.060(a)(2)]
3) The constable of the justice precinct in which the governing bodys office is
located, or if the constables office is vacant, to the sheriff of the county for an
election ordered by a political subdivision other than a county or city. [Sec.
66.060(a)(3)]
10. Time.
1) Records must be delivered to the appropriate authority immediately after the
precinct returns are completed. [Sec. 66.053(a)]
2) When counting at the precinct level, if the judge determines that the ballots will not
be counted in time to permit delivery of the records by 2:00 a.m. of the day following
the election, he or she must notify the general custodian of election records by
telephone between midnight of election day and 1:00 a.m. of the following day of:
The total number of voters voting as indicated by the poll list;
The vote totals tallied for each candidate and for and against each measure
at the time of notification;
Total number of provisional votes; and
The expected time of finishing the count. [Sec. 66.053(b)]
3) In every election, the precinct election records must be delivered to the appropriate
authorities not later than 24 hours after the polls close. [Sec. 66.053(c)]
11. Poll watchers may accompany election officers delivering election records. If delivery is
made in a vehicle, it is sufficient to allow the watcher to follow in a different vehicle and
to drive in such a manner that the watcher is able to keep the delivery vehicle in sight. [Sec.
33.060]
12. Records must be delivered to the appropriate authorities immediately after the precinct
returns are completed and in any case not later than 24 hours after the polls close. [Sec.
66.053(c)]
SECTION B. DISTRIBUTION OF ELECTION RECORDS WHEN OPTICAL SCAN
BALLOTS ARE TABULATED AT POLLING PLACE OR DRES ARE USED
1. Copies of poll lists.
1) There must be three copies of the poll list (four copies of combination form, if
used). [Secs. 63.003(b), 66.0241(4)]
2. Four envelopes for distribution of election records are furnished with the supplies. [Sec.
66.003(a)]
1) Envelope No. 1 addressed to the presiding officer of the local canvassing authority.
[Secs. 66.003(b)(1), 67.002]
County judge (general election or election held by the county).
52

2) Envelope No. 2 is addressed to the general custodian of election records. [Secs.
66.001, 66.003(b)(2)]
County election officer (county clerk, elections administrator or tax assessor
collector as appropriate to the county) (general election or election held by
the county).
The secretary of the governing board, or if none, the presiding officer of the
governing board, or as designated (other elections).
3) Envelope No. 3 is addressed to the presiding judge. [Sec. 66.003(b)(3)]
4) Envelope No. 4 is addressed to the Voter Registrar. [Sec. 66.003(b)(4)]
5) Envelope containing cancellation requests is addressed to the general custodian of
election records. [Secs. 66.026, 66.051(b)]
1) Contents of Envelope No. 1: [Sec. 66.022]
Printout of results tape(s).
2) Contents of Envelope No. 2: [Sec. 66.023; Docket No. 895]
Printout of results tape(s);
The original of the poll list (or combination form);
Reasonable Impediment Declarations;
Original of List of Provisional Voters; [T.A.C. 81.172-81.174, 81.176]
The signature roster (or combination form);
The precinct early voting list;
Any certificates of appointment of poll watchers;
Original copy of Statement of Compensation (in some circumstances); [Sec.
32.094]
NOTE: The presiding judge must follow the instructions of the authority
responsible for delivering the election supplies with respect to the time by
which and the authority to whom the Statement of Compensation is
delivered. The time designated for delivery may not be later than 5:00 p.m.
of the third day after election day. If the authority responsible for delivering
the election supplies does not indicate to whom the Statement of
Compensation should be returned, place it in Envelope No. 2 for return to
the custodian of election records. The election judge may also keep a copy
of the Statement of Compensation.
The notice of the number of voters who voted during the day;
Notice of Defective Delivery;
Oaths of Election Officers; and
Oaths of Assistance and Oaths of Interpreters.
Printout of results tape(s);
A copy of the poll list (or combination form);
Copy of List of Provisional Voters;
A copy of the ballot register;
A copy of the ballot and seal certificate; and
A copy of the Statement of Compensation.
Precinct list of registered voters and supplemental list, if any;
The registration correction list, if any;
Any Statements of Residence completed at the polling place; and
53

Copy of Combination Form, if used instead of individual affidavits;
5) Contents of Box (optical scan or emergency paper ballots for accessible equipment,
if any): [Sec. 66.025]
Voted ballots;
Provisional Ballots and provisional ballot envelopes;
NOTE: Provisional ballots may be stored in a separate container that meets
the requirements of Section 51.034 of the Texas Election Code or has been
approved by the Secretary of State.
A copy of the poll list (or combination form); and
NOTE: If the poll list is too large for the pre-locked, pre-sealed ballot box,
it may be placed in another secure container if such placement has been
approved by the Secretary of State. [Sec. 66.025]
The original of the ballot and seal certificate.
Memory Card or any other electronic data storage medium (unless it is too
bulky to put through ballot slot or if instructed by authority conducting
election to place in another secured container).
6) Contents of Ballot Box No. 4: [Sec. 66.026]
Printout of results tape(s) (Note: the printout in Envelope #2 should be
sufficient enough to avoid placing a set in Ballot Box No. 4; see authority
conducting election for further direction);
The original of the ballot register;
Voted Provisional Ballots sealed in Provisional Ballot Affidavit Envelopes
(unless directed otherwise by authority conducting the election);
The register of spoiled ballots;
Any spoiled ballots;
Any defectively-printed ballots;
Any envelope containing cancellation requests and cancelled ballots; and
Any other unused ballots.
SECTION C. DISTRIBUTION OF ELECTION RECORDS WHEN BALLOTS ARE

TABULATED AT CENTRAL COUNTING STATION
1.
Copies of poll lists.

1) There must be three copies of the poll list (four copies of combination form if used).
[Sec. 63.003(b)]
66.003(a)]
1) Envelope No. 1 addressed to the presiding officer of the local canvassing authority.
[Sec. 66.003(b)(1)]
66.001, 66.003(b)(2)]
County clerk or county elections administrator (general election or election
held by the county).
54
The secretary of the governing board, or if none, the presiding officer of the
governing board, or as designated (other elections).
4) Envelope No. 4 is addressed to the Voter Registrar. [Sec. 66.003(b)(4)]
5) Envelope containing cancellation requests is addressed to the general custodian of
election records. [Secs. 66.026, 66.051(b)]
No records from election precinct since no votes are counted at the precinct.
The original of the poll list;
Original of List of Provisional Voters; [T.A.C. 81.172-81.174, 81.176]
The signature roster;
The precinct early voting list;
Any certificates of appointment of poll watchers;
Original copy of Statement of Compensation (in some circumstances); [Sec.
32.094]
delivered. The time designated for delivery may not be later than 5:00 p.m.
of the third day after election day. If the authority responsible for delivering
the election supplies does not indicate to whom the Statement of
Compensation should be returned, place it in Envelope No. 2 for return to
the custodian of election records. The election judge may also keep a copy
of the Statement of Compensation.
The notice of the number of voters who voted during the day;
Notice of Defective Delivery;
Oaths of Election Officers; and
A copy of the poll list;
Copy of List of Provisional Voters;
A copy of the ballot register;
A copy of the ballot and seal certificate; and
Copy of Combination Form, if used instead of individual affidavits.
5) Contents of Pre-locked, Pre-sealed Ballot Box: [Sec. 66.025]
Voted ballots;
Provisional Ballots and Provisional Ballot Affidavit Envelopes;
NOTE: Provisional ballots may be stored in a separate container that meets
the requirements of Section 51.034 of the Texas Election Code or has been
approved by the Secretary of State.
A copy of the poll list; and
55

NOTE: If the poll list is too large for the pre-locked, pre-sealed ballot box,
it may be placed in another secure container if such placement has been
approved by the Secretary of State. [Sec. 66.025]
The original of the ballot and seal certificate.
Memory Card or any other electronic data storage medium (unless it is too
bulky to put through ballot slot or if instructed by authority conducting
election to place in another secured container).
6) Contents of Ballot Box No. 4: [Sec. 66.026]
The original of the ballot register;
Voted Provisional Ballots sealed in Provisional Ballot Affidavit Envelopes
(unless directed otherwise by authority conducting the election);
The register of spoiled ballots;
Any spoiled ballots;
Any defectively-printed ballots;
Any envelope containing cancellation requests and cancelled ballots; and
4. The presiding judge must deliver Envelope No. 1, which will be empty, seal Envelope No.
2, seal the opening slot to Ballot Box No. 3, and lock Ballot Box 4 as soon as they are ready
for distribution. [See generally, Chapter 66 of the Texas Election Code]
5. Delivery of Ballot Boxes.
1) A certificate (seal certificate) stating the number of the seal to be placed on the prelocked, pre-sealed ballot box and the number of voted ballots placed in the
container must be made out in duplicate (2 copies), signed by the presiding judge,
election clerk, and two poll watchers of opposing interest (if present). [Sec.
127.036]
Place the original of this certificate in the pre-sealed, pre-locked ballot box.
Retain the other copy of the certificate with the election records in Envelope
No. 3.
NOTE: If pre-locked, pre-sealed ballot boxes are used, you must still
complete the ballot and seal certificate. This form notifies the central
counting station personnel of how many ballots were cast at the polling
place. Therefore, if the machine ballot count is different from the number
of ballots cast, central count personnel will be on notice that there may be a
tabulating problem.
2) Seal the slot of the pre-sealed, pre-locked ballot box. If the container is a ballot box
with an opening through which voted ballots can be deposited, the opening must be
sealed with a paper seal and signed by the presiding judge, an election officer, and
two watchers of opposing interest (if present). [Sec. 127.036 (for prepared ballot
boxes) and Sec. 127.066 (for sealed ballot boxes)] If the box is designed so that a
wire hasp seal is needed to seal the ballot box, the serial number must also be
included on the ballot and seal certificate.
3) After the ballot container is sealed, two election officers must immediately deliver
the ballot container to the central counting station.
Poll watchers may accompany election officers delivering ballot
container(s). If delivery is made in a vehicle, an election officer complies
with this section if the officer permits the watcher to follow in a different
vehicle and drives in a manner that enables the watcher to keep the vehicle
in sight. [Sec. 33.060]
56
Exchange the ballot box for a receipt signed by the presiding judge of the
central counting station or his or her designee.
4) Ballot Box No. 4 and its key are delivered to the general custodian of election
records. [Sec. 66.051(b)]
6. The presiding judge retains Envelope No. 3. [Sec. 66.003(b)(3)]
57

SECTION D. MAKING OUT RETURNS AND DISTRIBUTION OF ELECTION
RECORDS WHEN HAND COUNTED PAPER BALLOTS ARE USED
1. Making out the returns.
1) After all ballots are counted, each tally list must be totaled and signed by the
counting officer keeping it. If more than one officer has kept one particular list,
each officer signs upon finishing. [Sec. 65.005(c)]
2) Total each tally list to obtain the total number of votes cast for each candidate and/or
for or against each proposition.
3) The presiding judge must make out and sign all copies of the returns. [Sec.
65.014(c)]
2. Distribution of election returns, poll lists, and tally lists.
1) There must be four copies of the returns. [Sec. 65.014(c)]
2) There must be three copies of the poll list (or four copies of the combination form).
[Sec. 63.003(b)]
3) There must be three originals of the tally list. [Sec. 65.005]
66.003(a)]
1) Envelope No. 1 is addressed to the presiding officer of the local canvassing
authority. [Sec. 66.003(b)(1)]
66.001, 66.003(b)(2)]
County clerk or county elections administrator (general election or election
held by the county).
Secretary of the governing board, or if none, the presiding officer of the
governing board (other elections).
4) Envelope No. 4 is addressed to the voter registrar. [Sec. 66.003(b)(4)]
1) Contents of Envelope No. 1. [Sec. 66.022]
The original of the election returns for the precinct.
One copy of the tally list.
A copy of the precinct returns.
A copy of the tally list.
The original of the poll list (or combination form).
The original of the List of Provisional Voters.
The signature roster (or combination form).
The precinct early voting list.
Any certificates of appointment of poll watchers, if any.
Original Statement of Compensation (in some circumstances). [Sec.
32.094]
58

delivered. The time designated for delivery of the statement of
compensation may not be later than 5:00 p.m. of the third day after election
day. If the authority responsible for delivering the election supplies does
not indicate to whom the Statement of Compensation should be returned,
place it in Envelope No. 2 for return to the custodian of election records.
The election judge may also keep a copy of the Statement of Compensation.
The notice of the number of voters who voted during the day.
Notice of Defective Delivery.
Oaths of Election Officers.
A copy of the precinct returns.
A copy of the poll list (or combination form).
A copy of the ballot register.
Copy of Combination Form, if used instead of individual affidavits;
5) Contents of Ballot Box No. 3. [Sec. 66.025]
Voted ballots.
Original of Precinct Returns.
Cast ballots, regardless of counting decisions made.
A copy of the tally list.
A copy of the poll list (or combination form).
NOTE: If the poll list is too large for Ballot Box No. 3, it may be placed in
another secure container if such placement has been approved by the
Secretary of State. [Sec. 66.025]
6) Contents of Ballot Box No. 4. [Sec. 66.026]
The original of the ballot register.
Voted provisional ballot affidavit envelopes.
The register of spoiled ballots.
Any spoiled ballots.
Any defectively-printed ballots.
Any envelope containing cancellation requests and cancelled ballots.
5. Manner and time of delivery of records.
1) The presiding judge must deliver Envelope No. 1 in person to the presiding officer
of the local canvassing authority, or if that officer is unavailable, to the general
custodian of election records. [Sec. 66.051(a)]
2) The presiding judge must deliver in person Envelope No. 2, Ballot Box No. 3, and
Ballot Box No. 4, with its key, to the general custodian of election records. [Sec.
66.051(b)]
3) The presiding judge retains Envelope No. 3. [Sec. 66.051(c)]
4) The presiding judge must deliver Envelope No. 4 in person to the voter registrar,
or if that officer is unavailable, to the general custodian of election records for later
delivery to the voter registrar. [Sec. 66.051(d)]
59

5) The judge delivers the key to Ballot Box No. 3 to:
The sheriff for an election ordered by the governor or a county authority,
unless the sheriff is on the ballot, in which case the key is delivered to the
county judge. If both the sheriff and the county judge are on the ballot, the
key is delivered to the county auditor, or if the county does not have a county
auditor, to a member of the commissioners court, designated by the court,
who is not on the ballot. [Sec. 66.060(a)(1)]
The chief of police or city marshal for an election ordered by a city
authority. [Sec. 66.060(a)(2)]
The constable of the justice precinct in which the governing bodys office
is located, or if the constables office is vacant, to the sheriff of the county,
for an election ordered by a political subdivision other than a county or city.
[Sec. 66.060(a)(3)]
SECTION E. SECURING THE POLLING PLACE
1. Gather all forms, rubber stamp(s), stamp pad(s), and markers from the voter acceptance
table(s) and place them in the box for election supplies. The presiding judge must follow
the directions of the authority responsible for furnishing the supplies regarding their
assembly and return. [Sec. 66.062(a) and (b)]
2. Complete the Register of Official Ballots and Register of Spoiled Ballots. [Sec. 65.013]
1) Make sure the total number of ballots received for the polling place has been
recorded.
2) Enter the number of ballots provided to voters as indicated by the number of voters
on the poll list.
3) Collect and count the number of unused ballots.
4) Enter the number of unused ballots on the Register of Official Ballots.
5) Count the number of spoiled and defectively-printed ballots in Ballot Box No. 4,
and enter these numbers on the Register of Official Ballots.
6) Enter the number of Provisional Ballots cast as shown on the List of Provisional
Voters. [1 T.A.C. 81.17281.176]
7) Place all unused ballots, spoiled and defective ballots, the original of the Register
of Official Ballots, the Register of Spoiled Ballots, Requests to Cancel Application
for Ballot by Mail, and unmarked ballots into Ballot Box No. 4. [Sec. 66.026]
3. Take down distance markers and sample ballots, gather instruction posters, voter
information posters, voter complaint information poster, notice of acceptable
identification, and lists of declared write-in candidates, if any, and all of notices posted,
and place them in the box for unused election supplies. (Ballot Box No. 4.)
4. Secure polling place for the night as directed by the local authority.
60
EXHIBIT
E
9/9/2016
VoteTexas.govNeedID?
Case 2:13-cv-00193 Document 932-5
Filed in TXSD on 09/12/16 Page 2 of 5
MobileVersion
RequiredIdentificationforVotinginPerson
PressRelease:VoterswhocannotobtainoneofthesevenformsofapprovedphotoIDhave
additionaloptionsatthepolls
FrequentlyAskedQuestions
OnAugust10,2016,afederaldistrictcourtenteredanorderchangingthevoteridentification
requirementsforallelectionsheldinTexasafterAugust10,2016untilfurthernotice.Asaresult,
voterswhohaveobtainedanacceptableformofphotoidentificationforvotinglistedbelowarestill
requiredtopresentitinordertovoteinpersoninallTexaselections.Theacceptableformofphoto
identificationmaybeexpireduptofouryears.Voterswhohavenotbeenabletoobtainoneofthe
formsofacceptablephotoidentificationlistedbelow,andhaveareasonableimpedimentor
difficultytoobtainingsuchidentification,maypresentasupportingformofidentificationand
executeaReasonableImpedimentDeclaration,notingthevotersreasonableimpedimentto
obtaininganacceptableformofphotoidentification,andstatingthatthevoteristhesamepersonon
thepresentedsupportingformofidentification.
Thisrequirementiseffectiveimmediately.
HereisalistoftheacceptableformsofphotoID:
TexasdriverlicenseissuedbytheTexasDepartmentofPublicSafety(DPS)
TexasElectionIdentificationCertificateissuedbyDPS
TexaspersonalidentificationcardissuedbyDPS
TexaslicensetocarryahandgunissuedbyDPS
UnitedStatesmilitaryidentificationcardcontainingthepersonsphotograph
UnitedStatescitizenshipcertificatecontainingthepersonsphotograph
UnitedStatespassport
WiththeexceptionoftheU.S.citizenshipcertificate,theidentificationmustbecurrentorhave
expirednomorethan4yearsbeforebeingpresentedforvoterqualificationatthepollingplace.
ElectionIdentificationCertificatesareavailablefromDPSdriverlicenseofficesduringregular
businesshours.Findmobilestationlocationshere.
HereisalistofthesupportingformsofIDthatcanbepresentedifthevotercannot
obtain,andhasareasonableimpedimentordifficultytoobtainingoneoftheformsof
acceptablephotoID:
Validvoterregistrationcertificate
Certifiedbirthcertificate(mustbeanoriginal)
Copyofororiginalcurrentutilitybill
Copyofororiginalbankstatement
Copyofororiginalgovernmentcheck
Copyofororiginalpaycheck
Copyofororiginalgovernmentdocumentwithyournameandanaddress(originalrequiredif
itcontainsaphotograph)
AfterpresentingasupportingformofID,thevotermustexecuteaReasonableImpediment
Declaration.
ProceduresforVoting
http://www.votetexas.gov/registertovote/needid/
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9/9/2016
Whenavoterarrivesatapollinglocation,thevoterwillbeaskedtopresentoneoftheseven(7)
acceptableformsofphotoIDthatiscurrentorexpirednomorethanfouryears.Ifavoterhasnot
beenabletoobtainoneoftheseven(7)acceptableformsofphotoID,andhasareasonable
impedimentordifficultytoobtaininganacceptableformofphotoID,thevotermaypresenta
supportingformofIDandexecuteaReasonableImpedimentDeclaration,notingthevoters
reasonableimpedimenttoobtaininganacceptableformofphotoID,andstatingthatthevoteristhe
samepersononthepresentedformofsupportingformofID.
ElectionofficialswillstillberequiredbyStatelawtodeterminewhetherthevotersnameonthe
identificationprovidedmatchesthenameontheofficiallistofregisteredvoters(OLRV).Aftera
voterpresentstheirID,whetheritsanacceptableformofphotoIDorasupportingformofID,the
electionworkerwillcompareittotheOLRV.IfthenameontheIDmatchesthenameonthelistof
registeredvoters,thevoterwillfollowtheregularproceduresforvoting.
IfthenamedoesnotmatchexactlybutissubstantiallysimilartothenameontheOLRV,thevoter
willbepermittedtovoteaslongasthevotersignsanaffidavitstatingthatthevoteristhesame
persononthelistofregisteredvoters.
IfavoterpossessesanacceptableformofphotoIDbutdoesnothaveitatthepollingplace,thevoter
willstillbepermittedtovoteprovisionally.Thevoterwillhave(six)6daystopresentanacceptable
formofphotoidentificationtothecountyvoterregistrar,orfilloutthenaturaldisasteraffidavit
referencedintheExemption/Exceptionssectionbelow),orthevotersballotwillberejected.
Exemption/Exceptions:
VoterswithadisabilitywhodonothaveanacceptableformofphotoIDmayalsoapplywiththe
countyvoterregistrarforapermanentexemption.Theapplicationmustcontainwritten
documentationfromeithertheU.S.SocialSecurityAdministrationevidencingheorshehasbeen
determinedtohaveadisability,orfromtheU.S.DepartmentofVeteransAffairsevidencinga
disabilityratingofatleast50percent.Inaddition,theapplicantmuststatethatheorshehasno
acceptableformofphotoidentification.Thosewhoobtainadisabilityexemptionwillbeallowedto
votebypresentingavoterregistrationcertificatereflectingtheexemption,andwillnotneedto
executeaReasonableImpedimentDeclaration.Pleasecontactyourcountyvoterregistrarformore
details.
Voterswhohaveaconsistentreligiousobjectiontobeingphotographedandvoterswhodonot
presentanyformofacceptablephotoidentificationasaresultofcertainnaturaldisastersas
declaredbythePresidentoftheUnitedStatesortheTexasGovernor,mayvoteaprovisionalballot,
appearatthevoterregistrarsofficewithinsix(6)calendardaysafterelectionday,andsignan
affidavitswearingtothereligiousobjectionornaturaldisaster,inorderforyourballottobe
counted.Pleasecontactyourcountyvoterregistrarformoredetails.
FrequentlyAskedQuestions
1.Whatkindofphotoidentificationisrequiredtoqualifytovoteinperson??
ThefollowingisalistofacceptablephotoIDsatthepollingplace:Texasdriverlicenseissued
bytheTexasDepartmentofPublicSafety(DPS)
TexasElectionIdentificationCertificateissuedbyDPS
TexaspersonalidentificationcardissuedbyDPS
TexaslicensetocarryahandgunissuedbyDPS
UnitedStatesmilitaryidentificationcardcontainingthepersonsphotograph
UnitedStatescitizenshipcertificatecontainingthepersonsphotograph
UnitedStatespassport
2.MyacceptablephotoIDisexpired.Willitstillwork?
WiththeexceptionoftheU.S.citizenshipcertificate,theacceptablephotoidentificationmustbe
currentorhaveexpirednomorethan4yearsbeforebeingpresentedforvoterqualificationatthe
pollingplace.
3.WhatifavoterdoesnothaveanyoftheacceptableformsofphotoID?
IfavotercannotobtainanacceptableformofphotoID,andthevoterhasareasonableimpediment
ordifficultytoobtainingsuchID,thevotermaystillcastaregularballotbypresentingasupporting
formofIDandexecutingaReasonableImpedimentDeclaration,notingthevotersreasonable
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9/9/2016
impedimenttoobtaininganacceptableformofphotoID,andstatingthatthevoteristhesame
personasthepersononthepresentedformofsupportingformofID.
HereisalistofsupportingformsofID:
Validvoterregistrationcertificate
Certifiedbirthcertificate(mustbeanoriginal)
Copyofororiginalcurrentutilitybill
Copyofororiginalbankstatement
Copyofororiginalgovernmentcheck
Copyofororiginalpaycheck
Copyofororiginalgovernmentdocumentwithyournameandanaddress(originalrequiredif
itcontainsaphotograph)
Apermanentexemptionisavailableforvoterswithdocumenteddisabilitieswhohavenot
obtainedoneoftheacceptableformsofphotoID.Voterswithadisabilitymayapplywiththecounty
voterregistrarforapermanentexemption.Theapplicationmustcontainwrittendocumentation
fromeithertheU.S.SocialSecurityAdministrationevidencingtheapplicantsdisability,orfromthe
U.S.DepartmentofVeteransAffairsevidencingadisabilityratingofatleast50percent.Inaddition,
theapplicantmuststatethatheorshehasnovalidformofacceptablephotoID.Thosewhoobtaina
disabilityexemptionwillbeallowedtovotebypresentingavoterregistrationcertificatereflecting
theexemption.
Ifavoter(a)doesnothaveoneoftheacceptableformsofphotoidentificationlistedabove,whichis
notexpiredformorethanfouryears,andavoterdoesnothaveareasonableimpedimentto
obtainingoneoftheseformsofidentificationor(b)has,butdidnotbringtothepollingplace,oneof
thesevenformsofacceptablephotoidentificationlistedabove,whichisnotexpiredformorethan
fouryears,thevotermaycastaprovisionalballotatthepolls.However,inordertohavethe
provisionalballotcounted,thevoterwillberequiredtovisitthevoterregistrarsofficewithinsix
calendardaysofthedateoftheelectiontoeitherpresentoneoftheaboveformsofphotoIDOR
submitoneofthetemporaryaffidavitsaddressedbelow(e.g.,religiousobjectionornaturaldisaster)
inthepresenceofthecountyvoterregistrarwhileattestingtothefactthatheorshedoesnothave
anyoftherequiredphotoIDs.
Affidavitsareavailableforvoterswhohaveaconsistentreligiousobjectiontobeingphotographed
andforvoterswhodonotpresentaformofacceptablephotoidentificationasaresultofcertain
naturaldisastersasdeclaredbythePresidentoftheUnitedStatesortheTexasGovernorwithin45
daysofthedaytheballotwascast.
4.Whatisareasonableimpediment?
Reasonableimpedimentsincludelackoftransportation,disabilityorillness,lackofbirthcertificate
orotherdocumentsneededtoobtainacceptablephotoID,workschedule,familyresponsibilities,
lostorstolenphotoID,orphotoIDappliedforbutnotreceived.Youmayalsodescribeanother
reasonableimpedimentyouhaveontheReasonableImpedimentDeclarationform.
5.WhatifavoterdoesnothaveanyformofIDwiththematthepollingplaceandthey
donothaveadisabilityexemption?
IfavoterhasnotobtainedanacceptableformofphotoID,anddoesnothaveordoesnotbringa
supportingformofIDtopresentinconnectionwithaReasonableImpedimentDeclaration,ifthe
voterdoesnothaveareasonableimpedimenttoobtaininganacceptableformofphotoID,orifthe
voterhas,butdidnotbringwiththem,anacceptableformofphotoID,thevotermaycasta
provisionalballotatthepolls.However,inordertohavetheprovisionalballotcountedthevoterwill
berequiredtovisitthecountyvoterregistrarsofficewithinsixcalendardaysofthedateofthe
electiontoeitherpresentanacceptableformofphotoIDORsubmitoneofthetemporaryaffidavits
addressedabove(religiousobjectionornaturaldisaster)inthepresenceofthecountyvoter
registrar.
6.MynameonmyapprovedphotoIDand/ormysupportingIDdocumentdoesnot
exactlymatchmynameonmyvoterregistrationcard.CanIstillvote?
ElectionofficialswillreviewtheIDandifanameissubstantiallysimilartothenameontheirlist
ofregisteredvoters,youwillstillbeabletovote,butyouwillalsohavetosubmitanaffidavitstating
thatyouarethesamepersononthelistofregisteredvoters.
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7.Whatdoessubstantiallysimilarmean?
Avotersnameisconsideredsubstantiallysimilarifoneormoreofthefollowingcircumstances
applies:
1.ThenameontheIDisslightlydifferentfromoneormoreofthenamefieldsontheofficiallist
ofregisteredvoters.
2.ThenameonthevotersIDoronlistofregisteredvotersisacustomaryvariationofthevoters
formalname.Forexample,BillforWilliam,orBetoforAlberto.
3.Thevotersnamecontainsaninitial,middlename,orformernamethatiseithernotonthe
officiallistofregisteredvotersoronthevotersID.
4.Afirstname,middlename,formernameorinitialofthevotersnameoccupiesadifferentfield
onthepresentedIDdocumentthanitdoesonthelistofregisteredvoters.
Inconsideringwhetheranameissubstantiallysimilar,electionofficialswillalsolookatwhether
informationonthepresentedIDmatcheselementsofthevotersinformationontheofficiallistof
registeredvoterssuchasthevotersresidenceaddressordateofbirth.
8.Isthereanychangeintheprocessforvotingbymail?
Thereisnochangeintheprocessforvotingbymailformostvoters.Specifically,thereisnochange
inprocedureforvoterswhoarevotingbymailaftertheirfirsttimevotingbymail,andforfirsttime
voterswhowouldotherwisenotberequiredtopresentidentificationunderthefederalHelpAmerica
VoteActinordertovotebymail.
9.DoestheaddressonmyIDhavetomatchmyaddressontheofficiallistof
registeredvotersatthetimeofvotinginorderforittobeacceptableasID?
No.Thereisnoaddressmatchingrequirement.
10.IstheDPSElectionIdentificationCertificatestillgoingtobeavailable?
Yes.TheElectionIdentificationCertificateisnowavailable,andwillbestillbeaformofacceptable
photoID.Informationregardinghowtoobtainanelectionidentificationcertificatecanbefound
atwww.dps.texas.gov.YoumayalsocontactDPSbytelephoneat(512)4242600formore
information.
Wehopeyouhavefoundthisinformationhelpful.Shouldyouneedadditionalinformation,please
contactourofficeviatelephoneat1800252VOTE(8683)oremailus.
Switchtoourmobilesite
4/4
EXHIBIT
F
Providing Identification for

Voting in Texas
Effective for all elections with voting beginning on or after August

10, 2016, including the November 8, 2016 general election, until
further notice.
8/18/2016
Texas Secretary of State Elections Division
Updated Procedure
1.
2.
3.
4.
The voter should be asked whether the voter has obtained one of the
acceptable forms of photo ID on List A that is either current or not expired
more than four years.
If the voter says yes, the voter is required to present that form of photo ID.
If the voter informs you that the voter has obtained an acceptable form of photo
ID, but did not bring it to the polling place, the voter may vote a provisional
ballot and bring the acceptable form of photo ID to the county within 6 days to
cure their ballot.
If the voter says no, ask the voter if he or she has a reasonable impediment or
difficulty to obtaining one of the acceptable forms of photo ID on List A. If the
voter indicates yes, you must inform the voter that he or she can present a
supporting form of ID on List B and complete a Reasonable Impediment
Declaration. If the voter presents a supporting form of ID and completes the
Declaration, the voter will then complete their check-in, and proceed to the
voting booth to cast a regular ballot.
8/18/2016
Texas Secretary of State
Addresses
You should not compare the address on any ID (List A
or List B) to the address on the list of registered voters.
THEY ARE NOT REQUIRED TO MATCH!!!
You are only required to confirm with the voter that

the address on the list of registered voters is correct.
(63.0011)
For example, by asking the voter: Do you still live on
Main Street?
This allows the voter to update their registration records.
8/18/2016
If the voter says

Yes: This confirms that their registration
records are up-to-date, the voter should:
Complete the check-in process once the voter has
shown a List A ID or has shown a List B ID and
completed the Declaration, and proceed to voting
a regular ballot.
8/18/2016
If the voter says

No:
This means that the voter needs to
update their address with the voter registrar,
the voter should:
Complete a Statement of Residence.
Complete the check-in process once the voter has
shown a List A ID or has shown a List B ID and
completed the Declaration, and proceed to voting a
regular ballot.
8/18/2016
List A Acceptable Forms of ID

There are 7 forms of ID on List A:
1. Texas driver license issued by the Texas Department of
Public Safety (DPS);
2. Texas personal identification card issued by DPS;
3. Texas Election Identification Certificate issued by DPS;
4. Texas handgun license issued by DPS;
5. United States military identification card containing the
persons photograph;
6. United States citizenship certificate containing the
persons photograph;
7. United States passport.
8/18/2016
Expiration Dates
Updated
Procedure:
An
acceptable
identification from List A must not have
expired more than 4 years before being
presented at the polling place.
This is different than some previous elections
where the expiration date was required to be not
more than 60 days.
8/18/2016
Expiration Dates
Remember some ID cards do not expire,
including:
Texas Identification Cards for persons aged 60 or older
may be permanent and marked INDEF.
Texas Election Identification Certificates (EIC) for
persons aged 70 or older are permanent cards.
Some military ID cards are permanent, including
Uniformed Services ID cards and Veterans Affairs ID
cards. These are usually marked INDEF.
Certificates of Naturalization and Certificates of
Citizenship do not expire.
8/18/2016
List B Supporting Forms of ID

If the voter has been unable to obtain an ID from List A, and the
voter has a reasonable impediment or difficulty to obtaining an ID
from List A, they may present one of the following forms of ID and
execute the Reasonable Impediment Declaration:
1.
2.
3.
4.
5.
6.
7.
8/18/2016
valid voter registration certificate;

certified birth certificate;
copy of or original current utility bill;
copy of or original bank statement;
copy of or original government check;
copy of or original paycheck; or
copy of or original of other government document with voters name
and an address (original required if it contains a photograph)
Reasonable Impediment Declaration
8/18/2016
10
Reasonable Impediment Declaration

The voter must indicate one of the following impediments:
1.
2.
3.
4.
5.
6.
7.
8.
8/18/2016
Lack of transportation
Disability or illness
Lack of birth certificate or other documents needed to obtain
photo ID
Work schedule
Family responsibilities
Lost or stolen photo ID
Photo ID applied for but not received
Other reasonable impediment (the voter must provide a
description)
11
Declaration of Reasonable Impediment

You may not question or challenge the voter regarding their lack of List A
ID.
If the voter states that they have not been able to obtain an acceptable ID
from List A, and the voter, in response to your question as to whether they
have a reasonable impediment or difficulty to obtaining an acceptable ID from
List A, states that they have such a reasonable impediment or difficulty, you
must explain their right to complete the Reasonable Impediment Declaration
and show a supporting form ID from List B.
You may not question the reasonableness of the voters reasonable

impediment or difficulty or the truth of the declaration.
For example, if the voter checks lack of transportation, you may not
challenge the voters access to a bus route or other means of transportation.
A signed reasonable impediment declaration shall be rejected only upon

conclusive evidence that the person completing the declaration is not the
person in whose name the ballot is cast.
8/18/2016
12
List A Acceptable Forms of ID
8/18/2016
13
Texas Drivers License

Photograph: This ID must
contain a photograph of the
voter.
Expiration Date: Must be

valid, or expired within 4
years.
NOTE: This form of ID should not be used

if Limited Term or Temporary Visitor
appears on the face of the card as this
indicates the person is not a U.S. Citizen.
8/18/2016
Name: If the voters name on

list of registered voters in the
precinct, does not match
exactly to the ID provided, a
Substantially Similar Name
Affidavit must be completed
by the voter.
14
Texas Drivers License Under 21

voter.
years.

8/18/2016
15
Election Identification Certificate (EIC)

voter.

years. EICs do not expire for
persons age 70 or older.
Name: If the voters name on list of
registered voters in the precinct,
does not match exactly to the ID
provided, a Substantially Similar
Name
Affidavit
must
be
completed by the voter.
8/18/2016
16
Texas Personal Identification Card

voter.
Expiration Date: Must be valid, or expired
within 4 years. NOTE: Some Personal ID
Cards may not expire.

8/18/2016

by the voter.
17
DPS Receipts with Photo
8/18/2016
18
DPS Receipts with Photo

Receipts are issued at DPS locations when you
apply for a drivers license, identification
card, or EIC.
They are printed on letter sized paper.
They are used until real card is received by
individual in the mail.
The receipt should not be expired more than 4
years before being presented for voting.
8/18/2016
19
Handgun License
voter.
years.
by the voter.
8/18/2016
20
Concealed Handgun License
This version of the CHL was

issued through April 2014
and they are valid for 4-5
years.
8/18/2016
This version of the CHL was

issued through August 2015
and they are valid for 4-5
years.
21
U.S. Military Identification Cards

The following standards should be used by poll
workers to determine if a United States military
card is acceptable:
8/18/2016
The ID card is federal;

The ID card is military;
The ID card contains a photograph;
The ID contains an expiration date which is in the
future or is the date of presentation, or a past
expiration date which was not more than 4 years from
the date of presentation, or the ID does not contain
any expiration date.
22
U.S. Military Identification Cards

Military ID Cards may include, but are not
necessarily limited to:
1. Department of Defense (DoD) Common
Access Card (CAC)
2. Uniformed Services ID Cards
3. DoD Civilian Retiree Cards
4. Veterans Affairs ID Cards
8/18/2016
23
DoD Common Access Card CAC
NOTE: The seals to the

right of the picture will
change according to
branch of service.
8/18/2016
24
Voting in Texas with a CAC

voter.
years.
Name: If the voters name
appears on the list of
registered voters in the
precinct, but does not match
by the voter.
8/18/2016
25
Exception
CACs with a blue bar across
the name signify that the
cardholder is a non-U.S.
citizen, and may not be a
qualified voter.
Contractors will have a green
bar, which will be sufficient
for use if other qualifications
are met.
8/18/2016
26
Uniformed Services ID Cards

There are four versions of Uniformed Services
ID Cards. All look similar, but are issued in
four different colors.
8/18/2016
27
Voting in Texas with Uniformed

Services ID Cards
years. However, not all cards
expire-some will say INDEF
for indefinitely.

voter.
Name: If the voters name appears

on the list of registered voters in
the precinct, but does not match
Substantially
Similar
Name
Affidavit must be completed by
the voter.
8/18/2016
28
Uniformed Services ID Cards

Green Generally for members of the
Individual Ready Reserves and
Inactive National Guard.
Pink Generally for retired members

of the Reserves and National Guard
under the age of 60, and certain
dependents.
8/18/2016
Blue Generally for retirees, and

members on Disability Retired
Lists.
Orange Generally for certain

dependents (active duty), Medal
of Honor recipients, disabled
veterans, and others.
29
DoD Civilian Retiree Cards

voter.
Name: If the voters name appears on

the list of registered voters in the
precinct, but does not match exactly
to the ID provided, a Substantially
Similar Name Affidavit must be
years.
8/18/2016
30
Veteran Identification Card (VIC)

voter.
Substantially
Similar
Name
the voter.
Veteran Affairs IDs do not
expire.
8/18/2016
31
Veteran Health Identification Card

(VHIC)
voter.

Substantially
Similar
Name
the voter.
VHICs may or may not have an
expiration date.
8/18/2016
32
U.S. Certificate of Citizenship

REMEMBER Certificates
of Citizenship do not
expire.
8/18/2016
33
U.S. Certificate of Naturalization

REMEMBER Certificates
of Naturalization do not
expire.
8/18/2016
34
U.S. Passport
8/18/2016
35
U.S. Passport Card

Front
Back
8/18/2016
Allows entry from

Canada, Mexico,
the Caribbean,
and Bermuda at
land border
crossings or sea
ports-of-entry.
Wallet Size.
36
Permanent Exemption
If a voter has applied for and received a permanent
exemption to the photo ID requirement, they will provide a
voter registration certificate with an (E) notation.
NOTE:
Designation of
(E) next to VUID
Number.
Example:
1197099876 (E).
8/18/2016
37
Permanent Exemption
If the voter has a permanent exemption, and
they present their voter registration certificate
with the (E) next to the VUID, they do not
need to also complete a Reasonable
Impediment Declaration.
8/18/2016
38
List B Supporting Forms of ID
8/18/2016
39
Valid Voter Registration Certificate
8/18/2016
40
Certified Birth Certificate (Must Be An

Original)
It may be from another state

or country-does not have to be
from Texas.
It must not be a copy of a
certified copy.
If the voters name appears on
the list of registered voters in
the precinct, but does not
match exactly to the ID
provided, a Substantially
Similar Name Affidavit must
be completed by the voter.
8/18/2016
41
Copy of or Original Current Utility Bill
8/18/2016
It may be a copy or printout.

To be current, the utility bill must be the most
recent version or at least dated within two (2)
months of the date it is presented to an
election official.
The address on the utility bill does not have to
match the address on the list of registered
voters. However, per 63.0011, the voter
should be asked if the address on the list of
registered voters is current. For example, Do
you still live on Main Street?
If the voters name appears on the list of
registered voters in the precinct, but does not
match exactly to the ID provided, a
Substantially Similar Name Affidavit must be
42
Copy of or Original Bank Statement

It may be a copy or printout.
The address on the bank statement does
not have to match the address on the list
of registered voters. However, per
63.0011, the voter should be asked if
the address on the list of registered
voters is current. For example, Do you
still live on Main Street?
If the voters name appears on the list of
registered voters in the precinct, but
does not match exactly to the ID
provided, a Substantially Similar Name
Affidavit must be completed by the
voter.
8/18/2016
43
Copy of or Original Government Check

It may be an original check or a copy
of the check.
The address on the government check
does not have to match the address
on the list of registered voters.
However, per 63.0011, the voter
should be asked if the address on the
list of registered voters is current. For
example, Do you still live on Main
Street?
If the voters name appears on the list
of registered voters in the precinct,
but does not match exactly to the ID
Name Affidavit must be completed
by the voter.
8/18/2016
44
Copy of or Original Paycheck

It may be a copy or original of the
check.
The address on the paycheck does not
have to match the address on the list
of registered voters. However, per
63.0011, the voter should be asked if
the address on the list of registered
voters is current. For example, Do
you still live on Main Street?
If the voters name appears on the list
of registered voters in the precinct,
but does not match exactly to the ID
Name Affidavit must be completed
by the voter.
8/18/2016
45
Copy of or Original of Other

Government Document
MUST include voters name and an address. REMEMBER:
The address on the supporting ID does not have to match
the voters registration address.
It must be an original document if it contains a photograph.
If the voters name appears on the list of registered voters
in the precinct, but does not match exactly to the ID
provided, a Substantially Similar Name Affidavit must be
Must be issued by the federal government, a federally
recognized tribal government, or a state or local
government in the U.S.
8/18/2016
46
Other Government Documents

Examples of Other Government Documents:
Drivers licenses from other states
ID cards issued by federally recognized Native
American tribes.
DPS Receipts (without a photo)
Expired voter registration certificates
Expired Texas DPS-issued driver licenses or personal ID
cards (over 4 years).
8/18/2016
47
Other Government Document

Examples of Documents NOT included:
Social Security Cards (no address)
State College IDs (if no address)
State/Federal Employee ID Cards (if no address)
Library Cards (if no address)
8/18/2016
48
EXHIBIT
G
Voter Identification Procedures

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The Office of the Secretary of State is in the process of updating its websites to reflect a court order issued on August 10, 2016, relating to identification
requirements for voting
More about Identification Requirements for Voting
Election Advisory No. 2016-17

To:
Election Officials
From: Keith Ingram, Director of Elections
Voter Information
Date:
August 26, 2016
About the Elections

Division
RE:
Conducting Your Elections

Candidate Information
Election Officials and
Officeholders
On August 10, 2016, a federal district court entered an order (PDF) changing the voter identification requirements for all
elections held in Texas after August 10, 2016 until further notice. This advisory will explain the new procedure and provide
answers to frequently asked questions.
Election Results
Summary of the Procedure
Election Administration
Voters who have obtained an acceptable form of photo ID for voting are still required to present it in order to vote in person in
all Texas elections. However, the acceptable form of photo identification may be expired up to four years.(Please remember
some IDs, including U.S. citizenship certificates, do not expire.)
Help America Vote Act

(HAVA) Funding to
Counties
Election Funds
Management, (HAVA,
Chapter 19 & Primary
Finance)
Project V.O.T.E. for
Teachers, Educators and
Students
Voting Systems
Forms, Resources & Legal
Library
Frequently Asked
Questions (FAQs)
Contact Us
These are the 7 forms of acceptable photo ID:

1.
2.
3.
4.
5.
6.
7.
Texas driver license issued by the Texas Department of Public Safety (DPS)
Texas Election Identification Certificate issued by DPS
Texas personal identification card issued by DPS
Texas license to carry a handgun issued by DPS
United States military identification card containing the persons photograph
United States citizenship certificate containing the persons photograph
United States passport
Further, voters who have not been able to obtain one of the forms of acceptable photo ID, and have a reasonable impediment or
difficulty to obtaining such identification, may present a supporting form of identification of the voter and execute a
Reasonable Impediment Declaration (in English (PDF) or Spanish (PDF)), noting the voters reasonable impediment or
difficulty to obtaining an acceptable form of photo identification, stating that the voter is the same person who personally
appeared at the polling place, and stating that the voter is casting a ballot while voting in-person.
These are the 7 forms of supporting ID:
1.
2.
3.
4.
5.
6.
7.

Copy of or original government document with your name and an address (original required if it contains a photograph)
Examples of government documents include drivers licenses from other states, ID cards issued by federally recognized Native
American tribes, DPS Receipts (without a photo), expired voter registration certificates, and expired Texas DPS-issued driver
http://www.sos.texas.gov/elections/laws/advisory2016-17.shtml[9/12/2016 11:39:12 AM]

licenses or personal ID cards (over 4 years). Government documents do NOT include Social Security cards (no address), public
college or university IDs without an address, state/federal employee ID cards without an address, or library cards without an
address.
Providing Information to Your Community

Our offices strongly encourages you to notify your local communities in the following manner:
1. Publish a press release in your local newspapers. You may use our templates (English (doc) and Spanish (doc)) to reach
out to all of your local newspapers.
2. Using the online icon button image by copying and pasting this code into your site: <a href="http://www.votetexas.gov/">
<img src="http://www.votetexas.gov/wp-content/uploads/2016/08/voter-id-90x90.png" alt="Voter ID FAQs" width="90"
height="90" /></a> , also providing a link to this page: http://www.votetexas.gov/register-to-vote/need-id.
3. Using social media to educate voters relating to identification requirements;
4. Using direct mail to educate voters relating to identification requirements.
Training Polling Place Workers and Updated Procedures for County Election Officials
Preparing the Polling Place
The election officials should be prepare the polling place as usual, however, they should be provided with updated versions of
the following forms:
1. Voter Information Poster (Form 7-7): This updated form should be posted in both English (PDF) and Spanish (PDF) in
a prominent location at each polling place.
2. Notice of Acceptable Identification Poster: This updated form should be posted in both English (PDF) and Spanish
(PDF) in a prominent location outside of each polling location (available in three sizes; 8.5x14 sizes are linked; other
sizes are available here).
Qualifying the Voter
1. The poll worker should ask the voter whether the voter has obtained one of the acceptable forms of photo ID, and if so, to
present that acceptable form of photo ID.
If the voter presents an acceptable form of photo ID, the poll worker should proceed to Step 2.
If the voter states that they have obtained an acceptable form of photo ID, but they did not bring it to the polling
place, the poll worker should explain that the voter may take one of two actions:
1. The voter may leave the polling place and return with their acceptable form of photo ID. Once they return
with their acceptable form of photo ID, the poll worker should proceed to Step 2.
2. The voter may cast a provisional ballot, and cure by appearing at the county voter registrars office within
6 calendar days of election day and presenting an acceptable form of photo ID, or fill out a natural disaster
affidavit because the voters acceptable photo ID is inaccessible due to certain natural disasters. If the voter
casts a provisional ballot due to lack of acceptable photo ID, the procedures for casting a provisional ballot
have not changed, but poll worker should provide to the voter an updated Notice to Provisional Voter (ID
Voter) (Form 7-15c), available in English (PDF) and Spanish (PDF).
If the voter states that they have not obtained an acceptable form of photo ID, the poll worker should ask the voter
whether the voter has a reasonable impediment or difficulty to obtaining one of the acceptable forms of photo ID.
1. If the voter says yes, explain to the voter that the voter can present a supporting form of ID and execute a
Reasonable Impediment Declaration (in English PDF) or Spanish (PDF))
Note: If the voter states that they have not obtained an acceptable form of photo ID, the poll worker should
not question the voter as to why. The poll worker should simply state that if the voter has a reasonable
impediment or difficulty to obtaining an acceptable form of photo ID, they can show a supporting form of ID
and execute a Reasonable Impediment Declaration.
Note: You may not question the reasonableness of the voters reasonable impediment or difficulty or the
truth of the declaration. For example, if the voter checks lack of transportation, you may not challenge the
voters access to a bus route or other means of transportation. A signed reasonable impediment declaration
shall be rejected only upon conclusive evidence that the person completing the declaration is not the
person in whose name the ballot is cast.
Note: Not being able to obtain an acceptable form of photo ID includes that the voter has not been able to
obtain a valid form of acceptable photo identification. Accordingly, a voter with a lost, stolen, suspended, or
expired more than four years, form of photo ID listed above could be considered to have not obtained one
of the acceptable forms of photo ID for purposes of being eligible to execute a Reasonable Impediment
Declaration.
The poll worker should provide the voter with a Reasonable Impediment Declaration, and ask the voter to
complete the form by writing their name, indicating at least one reasonable impediment or difficulty to
obtaining an acceptable form of photo ID, and signing and dating the declaration.
After the Declaration is completed by the voter, the voter should return the Declaration to the poll worker,
and the poll worker should ask the voter to present one of the forms of supporting ID of the voter. The poll
worker should indicate on the Declaration which supporting form of identification was presented, and
proceed to Step 2.

2. If the voter says no, that the voter has not obtained an acceptable form of photo ID, and the voter does not
have a reasonable impediment or difficulty to obtaining an acceptable form of photo ID (including if the
voter has not brought a supporting form of ID to the polling place), the voter should be offered a
provisional ballot. The voter may cure by appearing at the county voter registrars office within 6 calendar
days of election day and presenting an acceptable form of photo ID, or qualifying for one of the exemptions
(disability, natural disaster, or religious objection to being photographed). If the voter casts a provisional
ballot due to lack of acceptable photo ID, the procedures for casting a provisional ballot have not changed,
but poll worker should provide to the voter an updated Notice to Provisional Voter (ID Voter) (Form 7-15c),
available in English(PDF) and Spanish (PDF).
Note: A voter may only cure by showing an acceptable form of photo ID. A voter with a reasonable
impediment or difficulty to obtaining an acceptable form of photo ID who did not bring a supporting form of
ID to the polling place may not cure at the county voter registrars office by showing an acceptable form of
supporting ID and executing a reasonable impediment declaration at the county voter registrars office. For
voters who vote in person at the polling place, the reasonable impediment declaration process is an
election day/early voting procedure only, and there is no cure option involving execution of a
reasonable impediment declaration or the presentation of supporting ID.
Voters who do not present an acceptable form of photo ID (including, but not limited to, those with a reasonable
impediment or difficulty to obtaining an acceptable form of photo ID who present a supporting form of ID and
execute a Reasonable Impediment Declaration), should be provided with a copy of revised Form 13-1 Notice of
Required Identification (PDF).
2. The poll worker should confirm that the voter is on the official list of registered voters, by finding the voters name on the
official list of registered voters. If the voter is not on the official list of registered voters, the poll worker should follow the
procedure specified in Section 63.006, except that now, for voters who have a reasonable impediment or difficulty to
obtaining an acceptable form of photo ID, and who execute a Reasonable Impediment Declaration and present a
supporting form of ID, the supporting form of ID may also be used as the acceptable voter ID (referenced on Form 727) along with the voters voter registration certificate (and the supporting form of ID may also be the voters valid
registration certificate).
Note: The Registrations Omissions List (Form 7-27 (PDF)) will not be updated at this time to reflect the August 10, 2016
Court Order referenced herein. The acceptable voter ID referred to in the definition of Required documentation on the
instructions for that form now includes a supporting form of ID for voters who have a reasonable impediment or difficulty
to obtaining an acceptable form of photo ID and who execute a Reasonable Impediment Declaration and present a
supporting form of ID.
3. The poll worker should fully compare the voters name as listed on the official list of registered voters to the voters name
as it appear on present form of ID.
Note: This comparison should be done regardless of whether the voter presents an acceptable form of photo ID or
presents a supporting form of ID while executing a Reasonable Impediment Declaration.
4. The poll worker should confirm that the voters address on the official list of registered voters is current by confirming that
the voter has not moved.
Note: The address on the voters presented ID (either an acceptable photo ID or a supporting ID) does not have
to match the voters address on the official list of registered voters.
5. The voter should sign the combination form/signature roster, and execute any required affidavits, such as the
substantially similar name affidavit.
Note: The combination forms/signature rosters and instructions for the combination form will not be updated at this time
to reflect the August 10, 2016 Court Order referenced herein, but the substantially similar name affidavit on the forms
should be considered still valid not withstanding that it references Section 63.0101 of the Texas Election Code.
6. The voter should complete the check-in proceed to voting a regular or provisional ballot as appropriate. Voters who
have a reasonable impediment or difficulty to obtaining an acceptable form of photo ID, who complete the
Reasonable Impediment Declaration and present a supporting form of ID, are permitted to cast a regular ballot if
they are otherwise qualified to vote a regular ballot.
Note: The Affidavit of Provisional Voter (Form 7-15 (PDF)) will not be updated at this time to reflect the August 10,
2016 Court Order referenced herein. The other box may be used for situations not explicitly covered on the form.
Receiving Mail Ballots
The procedure for the early voting clerk to receive ballot by mail will not change, except that the early voting clerk should use the
updated version of the Hand Delivery Roster (Form 5-11a (PDF)) for accepting carrier envelopes delivered to the early voting
clerk on election day, which now also permits voters who have not obtained an acceptable form of photo ID, and have a
reasonable impediment or difficulty to obtaining an acceptable form of photo ID, delivering their ballots in this manner, to
complete the Reasonable Impediment Declaration and present a form of supporting identification.

Cure Period After the Election
The voter registrar should use the following updated forms during the cure period.
Cure list (Form 9-7 (PDF)
Request for Disability Exemption (Form 13-6 (PDF))
Temporary Exemption (Form 13-7 (PDF))
Additional Updated Forms

The following forms (applicable to voters voting for the first time with an ID Required flag have also been updated to account
for first time voters with a reasonable impediment or difficulty to obtaining an acceptable form of photo ID:
Form 5-22a:Notice to Voter Who Must Provide Identification (For Voters Voting by Mail (in English (PDF) and Spanish
(PDF))
Form 5-8 (PDF): List of Voters Indicated as ID Voters
In addition, language has been updated on the Application for Presidential Ballot to exclude a reference to 63.0101 on the
substantially similar name affidavit contained on that form. See Form 5-31 (PDF).
Records Requirement
All Reasonable Impediment Declarations should be scanned or photocopied and submitted to the Secretary of State not later
than 30 days after the election.
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EXHIBIT
H
UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
MARC VEASEY, et al.,
VS.
Plaintiffs,
GREG ABBOTT, et al.,

Defendants.
CIVIL ACTION NO. 2:13-CV-00193
ORDER
Before the Court is Defendants Response to the United States Motion to
Enforce Interim Remedial Order [Doc. 924], and Private Plaintiffs Motion for Further
Relief to Enforce Interim Remedial Order [Doc. 926]. The Court, having considered
the United States and the Private Plaintiffs motions, and the Defendants response
to both, has determined that the United States and Plaintiffs motions lack merit and
should therefore be DENIED.
IT IS THEREFORE ORDERED that the United States Motion to Enforce
Interim Remedial Order, and the Private Plaintiffs Motion for Further Relief to
Enforce Interim Remedial Order are hereby DENIED.
Signed this _______ day of September, 2016.
HON. NELVA GONZALES RAMOS

UNITED STATES DISTRICT JUDGE

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Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 1 of 22

UNITED STATES DISTRICT COURT FOR THE

GREG ABBOTT, et al.,

CIVIL ACTION NO. 2:13-CV-00193

STATE DEFENDANTS RESPONSE TO THE UNITED STATES

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 2 of 22

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 3 of 22

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 4 of 22

Similarly, the States guidance posted on the VoteTexas.gov website instructs:

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 5 of 22

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 6 of 22

State Defendants Language: If a voter cannot obtain an acceptable form of

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 7 of 22

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Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 10 of 22

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 11 of 22

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 12 of 22

language as problematic. 5 Instead, the changes proposed by the Private Plaintiffs

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 13 of 22

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 14 of 22

Poster, available at http://www.sos.state.tx.us/elections/forms/id/poster-8.5x14-aw-voter.pdf. Neither

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 15 of 22

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Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 17 of 22

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allegation of wholesale criminal investigation of individuals who execute

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 19 of 22

impediment procedure. To inform voters that they may execute a Reasonable

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 20 of 22

applicable residence requirements prescribed by Subsection (b); (2) all of the

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 21 of 22

Case 2:13-cv-00193 Document 932 Filed in TXSD on 09/12/16 Page 22 of 22

Date: September 12, 2016

Case 2:13-cv-00193 Document 932-1 Filed in TXSD on 09/12/16 Page 1 of 35

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EARLY VOTING BALLOT BOARD

FOR USE IN GENERAL, PRIMARY, AND

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Convening the Early Voting Ballot Board

CHAPTER 2 QUALIFYING BALLOTS VOTED BY MAIL OR VOTED USING MAIL

Types Of Early Voting Ballot Applications

CHAPTER 3 COUNTING HAND-COUNTED PAPER BALLOTS

Establishing The Counting Teams

CHAPTER 4 EXAMINING, PREPARING, AND COUNTING VOTED OPTICAL

SECTION A. Processing Ballots Counted At Central Counting Station

CHAPTER 5 RECONVENING EARLY VOTING BALLOT BOARD

Note: All references to primary elections are italicized.

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3. Signature verification committee [Sec. 87.027]

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Tally Sheets; [Sec. 65.004]

g. Return Sheets; [Sec. 65.014]

Statement of Compensation; [Sec. 32.094]

List of ID Voters; and

g. The ballot transmittal form for early voted ballots;

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5. The custodian of the key is: