1 TAC §81.86
The Office of the Secretary of State, Elections Division,
adopts new §81.86, concerning counting mail and personal appearance early
voting ballots prior to election day as authorized in certain elections by
§87.0241(b)(2) of the Texas Election Code, with changes to the proposed
text as published in the October 9, 1998 issue of the
Texas Register
(23 TexReg 10221).
The new rule is adopted with changes to remove the word "prohibited" from
the end of subsection (j). This was a typographical error.
The new rule is adopted to provide procedures for early counting of electronic
voting system ballots.
No comments were received regarding adoption of the new rule.
The rule is adopted under the Code, Chapter 31, Subchapter A,
§31.003, which provides the Secretary of State with authority to promulgate
rules to obtain uniformity in the interpretation and application of the Code,
and under the Code, Chapter 122, §122.001(c), which authorizes the Secretary
of State to prescribe additional standards for voting systems.
The Code, Chapter 122, §122.001(c) and Chapter 87, §87.0241(b)(2),
are affected by this rule.
§81.86.Counting Ballots Prior to Election Day in Counties with a Population of 100,000 or More.
(a)
The following procedure to count ballots before election
day that were voted by mail or early in person may be used if the following
conditions in paragraphs (1)-(7) of this subsection are met:
(1)
the election is conducted by the county elections officer;
(2)
the election is a county election ordered by the Governor,
county judge, or commissioners court, a joint election between the county
and another political subdivision using the same electronic ballot, or a primary
election;
(3)
the county has a population of 100,000 or more;
(4)
electronic system ballots are used in the election;
(5)
tabulation can be completed without revealing the
vote count prior to the close of polls on election day;
(6)
the second and third logic and accuracy test required
by Texas Election Code, Chapter 127 can be performed before the count and
after the count;
(7)
a real time audit report can be produced immediately
after the count to verify the number of ballots counted with the ballot transmittal
form.
(b)
The central counting station is authorized to convene to
count the ballots early.
(c)
The manager of the central counting station will determine
whether to count the early voted ballots prior to election day.
(d)
The manager must notify, in writing, the presiding judge
of the early voting ballot board as to the time and place where the presiding
judge must deliver the ballots voted early. The notice must be given at least
eight days before convening the central counting station. The early voting
clerk is sent a copy of the notice.
(e)
The early voting clerk must post a notice of time and place
on the bulletin board used for posting open meetings where the central counting
station personnel will be meeting. The notice must be posted no later than
the last day for early voting in person. In the general election for state
and county officers, the notice must also be sent to each county chair that
has a nominee on the general election ballot.
(f)
All tests of the tabulating equipment must conducted pursuant
to the Texas Election Code, Chapter 127, Subchapter D. The testing authority
must conduct the second test immediately prior to the count of the early voted
ballots.
(g)
Poll watchers are authorized to be present during the early
count.
(h)
The judge of the early voting ballot board must convene
the ballot board after the close of early voting in person in order to qualify
and prepare the ballots for counting prior to the convening of the central
counting station. The presiding judge of the ballot board shall issue a notice
of delivery prior to the meeting of the ballot board in the regular manner
(Texas Election Code, §87.022 and §87.025). The early voting clerk
must post notice of delivery of ballots to the ballot board in the regular
manner (Texas Election Code, §87.023). These procedures do not supercede
the regular procedures of notice, delivery, and processing of ballots voted
by mail by the signature verification committee.
(i)
After the count is concluded, the tabulation supervisor
must store the vote tabulation on a tape or other electronic device (personal
computer) without producing a printout or any other method of the vote count.
(j)
The tabulation supervisor must run a report indicating
the number of ballots counted for each precinct and do a comparison between
those numbers and number of ballots indicated on the ballot transmittal form.
This report is used to verify the number of ballots counted since a report
showing vote totals is not authorized to be produced prior to election day.
(k)
The tabulation supervisor must zero the votes on the tabulation
device and run the third test. If the third test is not successful, the count
is void.
(l)
The counted ballots must be locked in the ballot box and
delivered to the custodian. The key to the ballot box must be delivered to
the custodian of the key pursuant to the Texas Election Code, Section 66.060.
(m)
The box containing the counted ballots may not be opened
unless the count of the ballots stored on tape or other electronic means is
blank or appears to be incorrect when the tabulation supervisor reloads those
results on the computer or accumulator on election day. In that event, the
manager of the central counting station shall direct the custodian of the
box and the custodian of the key to the box to deliver those items to the
central counting station.
(n)
The Central Counting Station personnel may convene only
once prior to election day to count early votes. Any ballots received after
the ballot board judge delivered the ballots to the manager shall be counted
on election day.
(o)
The central counting station personnel will reconvene on
election day at a time determined by the manager. Prior to the start of counting
any ballots, the second test must be conducted to determine the tabulating
equipment is tabulating correctly. After a successful test has been conducted,
the results of the early voting count shall be loaded into the tabulating
equipment. The tabulation supervisor must run the same report showing the
number of the ballots counted. This report must be compared with the report
ran after the conclusion of counting before election day.
(p)
If the two reports do not match, the count of the ballots
prior to election day is void. The tabulation supervisor shall zero out the
votes loaded on the tabulating machine. After a second test is successfully
conducted, all ballots counted prior to election day must be rerun.
(q)
On election day, the counting of early votes and election
day votes shall be conducted in accordance with the procedures set forth in
the Texas Election Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
8, 1999.
TRD-9902093
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Effective date: April 28, 1999
Proposal publication date: October 9, 1998
For further information, please call: (512) 463-5650
1 TAC §81.88
The Office of the Secretary of State, Elections Division,
adopts new §81.88, concerning the standards an optical disk or other
electronic storage medium must meet to enable voter registrars to record voter
registration applications and other documentation in that storage medium,
without changes to the proposed text as published in the October 9, 1998 issue
of the
Texas Register
(23 TexReg 10223).
This rule is being adopted to provide voter registrars with another option
in retaining voter registration applications and other supporting documentation,
in accordance with Section 13.104 of the Texas Election Code (the "Code").
No comments were received regarding adoption of the new rule.
The rule is adopted under the Code, section 13.104, which requires
the Secretary of State to prescribe procedures to implement electronic storage
of voter registration applications and supporting documentation for those
procedures.
The Code, Chapter 13, subchapter D, §13.104 is affected by this proposed
rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
8, 1999.
TRD-9902094
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Effective date: April 28, 1999
Proposal publication date: October 9, 1998
For further information, please call: (512) 463-5650