Texas Election Code - Section 127.157. Processing Irregularly Marked Ballots
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Texas Laws > Election Code > Texas Election Code - Section 127.157. Processing Irregularly Marked Ballots
Section: 127.132 127.151 127.152 127.153 127.154 127.155 127.156 127.157 127.201 127.202 128.001 129.001 141.001 141.002 141.003
§ 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
(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
(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