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Texas Election Code - Section 192.037. Rules For Counting Votes Not Cast For Both Candidates

Legal Research Home > Texas Lawyer > Election Code > Texas Election Code - Section 192.037. Rules For Counting Votes Not Cast For Both Candidates

§ 192.037. RULES FOR COUNTING VOTES NOT CAST FOR BOTH 
CANDIDATES.  (a) If a voter writes in the name of a write-in 
candidate for president or vice-president but does not write in a 
name for a running mate, the vote shall be counted as a vote for the 
candidate and the candidate's running mate.
	(b)  A vote shall be counted for both candidates of a set of 
candidates for president and vice-president if:
		(1)  the ballot is marked to indicate that the voter is 
voting for one of the two candidates;
		(2)  the ballot is marked to indicate that the voter is 
not voting for the other candidate in the set;  and
		(3)  the voter has not:                                                       
			(A)  indicated a vote for a presidential or 
vice-presidential candidate of another set;  or
			(B)  written in the name of a person for whom the 
voter desires to vote instead of the candidate for whom the voter is 
not voting under Subdivision (2).
	(c)  The secretary of state shall prescribe guidelines 
consistent with this code to assist counting officers in counting 
ballots in which the presidential race is irregularly marked.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 204, eff. Sept. 1, 1997.

Last modified: August 11, 2007