§ 85.071 — DELIVERY OF BALLOTS TO MAIN POLLING PLACE.

Texas § 85.071

• Jurisdiction: Texas
• Code EL: Election Code

Text

Text of section prior to the amendments made by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 20, eff. September 1, 2025. Applies to elections ordered before the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 32, eff. September 1, 2025.
Sec. 85.071. DELIVERY OF BALLOTS TO MAIN POLLING PLACE. (a) During the period for early voting by personal appearance, the ballots voted at a branch polling place, other than those cast on a voting machine, shall be:
(1) retained securely at the branch polling place in a locked room accessible only to election officers; or
(2) delivered by an election officer or designated law enforcement officer to the main early voting polling place at the close of voting each day.
(b) The unvoted ballots at the branch polling place, other than voting machine ballots, shall be retained or delivered with the voted ballots but in a separate locked container.
(c) All voted and unvoted ballots shall be delivered by an election officer or designated law enforcement officer to the main polling place at the close of voting on the last day of voting at the branch polling place.
Text of section as amended by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 20, eff. September 1, 2025. Applies to elections ordered on or after the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 32, eff. September 1, 2025.
Sec. 85.071. DELIVERY OF BALLOTS TO MAIN POLLING PLACE. (a) During the period for early voting by personal appearance, the ballots voted at a branch polling place shall be:
(1) retained securely at the branch polling place in a locked room accessible only to election officers; or
(2) delivered by an election officer or designated law enforcement officer to the main early voting polling place at the close of voting each day.
(b) The unvoted ballots at the branch polling place shall be retained or delivered with the voted ballots of the same ballot style but in a separate locked container.
(c) At the close of early voting at a branch polling place:
(1) unvoted ballots shall be retained or delivered in the manner described by Subsection (b);
(2) voted ballots to be counted using automatic tabulating equipment shall be retained or delivered in the manner described by Subsection (a); and
(3) voted ballots to be counted manually shall be:
(A) delivered by an election officer or designated law enforcement officer to the main early voting polling place; and
(B) set aside for subsequent delivery to the early voting ballot board under Section 87.021 .
(d) At the close of the polls on election day, voted early voting ballots to be counted using automatic tabulating equipment shall be delivered with the ballots voted on election day at the same polling place to the central counting station according to Section 87.129 and the procedures under Subchapter C , Chapter 127 .

Legislative History

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.11; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 20, eff. September 1, 2025. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.11; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 20, eff. September 1, 2025.