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Texas Election Code - Section 127.157. Processing Irregularly Marked Ballots

Legal Research Home > Texas Laws > Election Code > Texas Election Code - Section 127.157. Processing Irregularly Marked Ballots

§ 127.157. PROCESSING IRREGULARLY MARKED BALLOTS.  (a) 
This section applies only to a voting system that allows voters to 
deposit the ballots directly into a unit of automatic tabulating 
equipment.
	(b)  While the polls are open or as soon as practicable after 
the polls close, the counted ballots shall be removed from the 
ballot box and examined for irregularly marked ballots.  The ballot 
box may not be opened for the purpose of examining the ballots 
unless there are at least 10 ballots in the box.
	(c)  If an election officer determines that two or more 
ballots were improperly tabulated because of irregular marks, the 
irregularly marked ballots shall be separated from the ballots that 
were marked properly, and all of the ballots shall be delivered to a 
central counting station.
	(d)  At the central counting station, the irregularly marked 
ballots shall be duplicated, and the ballots shall be processed in 
accordance with Section 127.126. The duplicate ballots shall be 
automatically counted with the remainder of the ballots at the 
central counting station.  The tabulation conducted at the central 
counting station is considered to be the official tabulation for 
those ballots.
	(e)  If only one ballot has been improperly tabulated because 
of an irregular mark, the ballot shall be placed in an envelope as 
prescribed by the secretary of state.  The envelope must include the 
irregularly marked ballot and a form that identifies the nature and 
date of the election, ballot serial number, and applicable offices.  
The envelope shall be delivered to a central counting station.  At 
the central counting station, the ballot shall be examined and 
adjustments shall be made to the totals certified by the election 
judge to indicate the intent of the voter.  The election results for 
the affected precinct shall be manually entered into the election 
processing system, but the original election returns may not be 
altered.  The envelope containing the ballot and form shall be 
placed in the ballot box with the regular voted ballots and shall be 
preserved with those ballots for the same period.

Added by Acts 1991, 72nd Leg., ch. 632, § 1, eff. Sept. 1, 1991.           

Last modified: August 11, 2007