Part 4.
OFFICE OF THE SECRETARY OF STATE
Chapter 81.
ELECTIONS
Subchapter A. VOTER REGISTRATION
1 TAC §81.2
The Office of the Secretary of State, Elections Division,
adopts an amendment to §81.2, concerning change forms and applications
for replacement certificates used by volunteer deputy registrars. The amendment
is adopted without changes to the proposed text as published in the September
21, 2001,
Texas Register
(26 TexReg 7189).
As amended the rule deletes references to separate voter registration change
forms.
No comments were received concerning the amendment.
The amendment is adopted under the Texas Election Code, §31.003,
which provides the Office of the Secretary of State with the authority to
obtain and maintain uniformity in the application, interpretation, and operation
of provisions under the Texas Election Code and other election laws.
Texas Election Code, Chapter 13, §§13.038, 13.039, 13.040, and
13.042 are affected by this 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 March 8, 2002.
TRD-200201461
David N. Roberts
General Counsel
Office of the Secretary of State
Effective date: March 28, 2002
Proposal publication date: September 21, 2001
For further information, please call: (512) 463-5650
1 TAC §81.3
The Office of the Secretary of State, Elections Division,
adopts an amendment to §81.3, concerning the effective date of changed
registrations. The amendment is adopted without changes to the proposed text
as published in the September 21, 2001,
Texas Register
(26 TexReg 7190). As adopted, the amendment deletes references to
a separate voter registration change form.
No comments were received concerning the amendment.
The amendment is adopted under the Texas Election Code, §31.003,
which provides the Office of the Secretary of State with the authority to
obtain and maintain uniformity in the application, interpretation, and operation
of provisions under the Texas Election Code and other election laws.
Texas Election Code, Chapter 13, §13.041 is affected by this 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 March 8, 2002.
TRD-200201462
David N. Roberts
General Counsel
Office of the Secretary of State
Effective date: March 28, 2002
Proposal publication date: September 21, 2001
For further information, please call: (512) 463-5650
1 TAC §81.4
The Office of the Secretary of State, Elections Division,
adopts an amendment to §81.4, concerning delivery of change forms by
volunteer deputy registrars. The amendment is adopted without changes to the
proposed text as published in the September 21, 2001,
Texas Register
(26 TexReg 7190). As adopted, the amendment deletes
references to the separate voter registration change forms, which no longer
exist.
No comments were received concerning the amendment.
The amendment is adopted under the Texas Election Code, §31.003,
which provides the Office of the Secretary of State with the authority to
obtain and maintain uniformity in the application, interpretation, and operation
of provisions under the Texas Election Code and other election laws.
Texas Election Code, Chapter 13, §13.042 is affected by this 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 March 8, 2002.
TRD-200201463
David N. Roberts
General Counsel
Office of the Secretary of State
Effective date: March 28, 2002
Proposal publication date: September 21, 2001
For further information, please call: (512) 463-5650
1 TAC §81.31
The Office of the Secretary of State, Elections Division,
adopts an amendment to §81.31, concerning the list of declared write-in
candidates for mail ballots. The amendment is adopted without changes to the
proposed text as published in the September 21, 2001,
Texas Register
(26 TexReg 7191). As adopted, the amendment updates
references to absentee voting and include language to clarify that the list
must be sent in elections other than the general election for state and county
officers.
No comments were received concerning the amendment.
The amendment is adopted under the Texas Election Code, §31.003,
which provides the Office of the Secretary of State with the authority to
obtain and maintain uniformity in the application, interpretation, and operation
of provisions under the Texas Election Code and other election laws.
Texas Election Code, Chapter 86, §86.001 and Chapter 146, §146.031
are affected by this 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 March 8, 2002.
TRD-200201464
David N. Roberts
General Counsel
Office of the Secretary of State
Effective date: March 28, 2002
Proposal publication date: September 21, 2001
For further information, please call: (512) 463-5650
1 TAC §81.36
The Office of the Secretary of State, Elections Division,
adopts a new rule, §81.36, 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. The rule is adopted without
changes to the proposed text as published in the September 21, 2001,
No comments were received concerning the rule.
The new 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.
Texas Election Code, Chapter 122, §122.001(c) and Chapter 87, §87.0241(b)(2),
are affected by this 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 March 8, 2002.
TRD-200201465
David N. Roberts
General Counsel
Office of the Secretary of State
Effective date: March 28, 2002
Proposal publication date: September 21, 2001
For further information, please call: (512) 463-5650
1 TAC §81.37
The Office of the Secretary of State, Elections Division,
adopts a new rule, §81.37, concerning counting ballots received after
election day as authorized by §87.125 of the Texas Election Code (the
"Code"). The rule is adopted without changes to the proposed text as published
in the September 21, 2001,
Texas Register
(26 TexReg 7192). This rule was previously adopted as §81.87, which is
be repealed so that it can be readopted as new §81.37 under the more
appropriate Subchapter B of Chapter 81, which relates to early voting.
No comments were received concerning the rule.
The new rule is adopted pursuant to the Code, Chapter 31, Subchapter
A, §31.003, which provides the Secretary of State authority to promulgate
rules to obtain uniformity in the interpretation and application of the Code.
Texas Election Code, Chapter 122, §122.001(c), and Chapter 87, §87.125,
are affected by this 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 March 8, 2002.
TRD-200201466
David N. Roberts
General Counsel
Office of the Secretary of State
Effective date: March 28, 2002
Proposal publication date: September 21, 2001
For further information, please call: (512) 463-5650
1 TAC §81.42
The Office of the Secretary of State, Elections Division,
adopts an amendment to §81.42, concerning use of paper ballots for precinct
chair elections. The amendment is adopted without changes to the proposed
text as published in the September 21, 2001,
Texas
Register
(26 TexReg 7194). As adopted, the amendment deletes references
to §124.034 of the Texas Election Code (the "Code"), which specifically
authorizes separate paper ballots at polling places where a voting machine
is in use; §172.090 of the Code is the more applicable section, authorizing
separate paper ballots for precinct chair at polling places that have been
consolidated.
No comments were received concerning the amendment.
The amendment is adopted under the Texas Election Code, §31.003,
which provides the Office of the Secretary of State with the authority to
obtain and maintain uniformity in the application, interpretation, and operation
of provisions under the Texas Election Code and other election laws.
Texas Election Code, Chapter 172, §172.090 is affected by this 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 March 8, 2002.
TRD-200201467
David N. Roberts
General Counsel
Office of the Secretary of State
Effective date: March 28, 2002
Proposal publication date: September 21, 2001
For further information, please call: (512) 463-5650
1 TAC §81.43
The Office of the Secretary of State, Elections Division,
adopts an amendment to §81.43, concerning use of optical scan ballots.
The amendment is adopted without changes to the proposed text as published
in the September 21, 2001,
Texas Register
(26 TexReg 7194). As adopted, the amendment emphasizes the design of the ballot
with party columns and require each page of a multi-page ballot to have the
same ballot number.
No comments were received concerning the amendment.
The amendment is adopted under the Texas Election Code, §31.003,
which provides the Office of the Secretary of State with the authority to
obtain and maintain uniformity in the application, interpretation, and operation
of provisions under the Texas Election Code and other election laws.
Texas Election Code, Chapter 124, §§124.002, 124.003, and 124.062
are affected by this 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 March 8, 2002.
TRD-200201468
David N. Roberts
General Counsel
Office of the Secretary of State
Effective date: March 28, 2002
Proposal publication date: September 21, 2001
For further information, please call: (512) 463-5650
1 TAC §81.44
The Office of the Secretary of State, Elections Division,
adopts an amendment to §81.44, concerning layout of punch-card ballot
labels. The amendment is adopted without changes to the proposed text as published
in the September 21, 2001,
Texas Register
(26 TexReg 7195). As adopted, the amendment uses correct terminology and sets
out the correct form for the straight ticket race on punch-card systems.
No comments were received concerning the amendment.
The amendment is adopted under the Texas Election Code, §31.003,
which provides the Office of the Secretary of State with the authority to
obtain and maintain uniformity in the application, interpretation, and operation
of provisions under the Texas Election Code and other election laws.
Texas Election Code, Chapter 124, §§124.002, 124.003, and 124.061
are affected by this 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 March 8, 2002.
TRD-200201469
David N. Roberts
General Counsel
Office of the Secretary of State
Effective date: March 28, 2002
Proposal publication date: September 21, 2001
For further information, please call: (512) 463-5650
1 TAC §81.70
The Office of the Secretary of State, Elections Division,
adopts an amendment to §81.70, concerning updating the requirements of
voting booths approved by the SOS to meet current accessibility standards.
The amendment is adopted without changes to the proposed text as published
in the September 21, 2001,
Texas Register
(26 TexReg 7195). As adopted, the amendment conforms the Elections Division's
standards for voting booths/tables to allow wheelchair accessibility.
No comments were received concerning the amendment.
The amendment is adopted under the Texas Election Code, §31.003,
which provides the Office of the Secretary of State with the authority to
obtain and maintain uniformity in the application, interpretation, and operation
of provisions under the Texas Election Code and other election laws.
The Election Code, Chapter 51, §51.031 and §51.032 are affected
by this 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 March 8, 2002.
TRD-200201470
David N. Roberts
General Counsel
Office of the Secretary of State
Effective date: March 28, 2002
Proposal publication date: September 21, 2001
For further information, please call: (512) 463-5650
1 TAC §81.84
The Office of the Secretary of State, Elections Division,
adopts an amendment to §81.84, concerning ballot stub procedures for
challenged voters. The amendment is adopted with changes to the proposed text
as published in the September 21, 2001,
Texas Register
(26 TexReg 7196) and will be republished to correct a typographical
error in the section title. The amendment is adopted to correct a mis-citation
and add a procedure for handling voted ballots found in Ballot Box Number
3, which may not be counted.
No comments were received concerning the amendment.
The amendment is adopted under the Texas Election Code, §31.003,
which provides the Office of the Secretary of State with the authority to
obtain and maintain uniformity in the application, interpretation, and operation
of provisions under the Texas Election Code and other election laws.
The Election Code, Chapter 63, §63.010 is affected by this rule.
§81.84.Ballot Stub Procedures for Challenged Voters.
(a)
The "stub" need not be a stub which is pre-printed and
attached to the ballot (as it is for some write-in procedures). The regular
ballots may still be ordered separately, and the blank stubs may be printed
separately. The presiding election judge will prepare the stubs with the necessary
information before offering them to the voters.
(b)
Information Pre-printed on Stub. The stub must be pre-printed
so as to have:
(1)
a space for the presiding judge to enter the number matching
the ballot number;
(2)
a space for the presiding judge to enter the designation
of the nature of the election and date;
(3)
the instructions: "Detach stub, enclose in envelope, and
give to election officer" or similar language approved by the Secretary of
State as needed for different stub formats; and
(4)
a space for the voter's signature.
(c)
Information Presiding Judge Must Enter, Preparation of
Stubs and Ballots For Voter's Selection. In accordance with §62.0081,
Election Code:
(1)
the judge shall enter on each stub:
(A)
the same number as appears on the corresponding ballot;
(B)
the designation of the nature of the election; and
(C)
the date of the election.
(2)
the stubs need not be completed before the polls open,
but an unprepared stub cannot be made available to a challenged voter. The
stub must be prepared before the challenged voter selects the ballot and stub,
and enough ballots with stubs attached must be prepared in advance to allow
challenged voters to choose from a disarranged number.
(3)
the presiding judge shall not enter the voter's name or
signature on the stub unless requested to do so as part of the procedure for
assistance.
(4)
the ballot and stub must be clipped together.
(5)
in accordance with §62.009(c), the ballots with stubs
clipped to them shall be placed separately from the other ballots.
(6)
several ballots with stubs must be prepared in advance
and disarranged, face down, in random order, for the voter's selection. The
challenge ballots must NOT be prepared in such a manner that an official can
identify the voter with the number.
(d)
Procedure for Completing Stub and Voting. In accordance
with §64.001(b), Election Code, after executing the affidavit, the voter
shall select a ballot with a stub, and before going to the voting station:
(1)
the voter shall unclip or otherwise detach the stub from
the ballot;
(2)
the voter shall sign the stub;
(3)
the judge shall fill out the voter's name on the stub envelope,
without looking at the ballot the voter has chosen, and shall give the voter
the envelope;
(4)
the voter shall seal the stub in the envelope and shall
give it to the judge or any election officer; and
(5)
after receiving the sealed envelope, the judge or the election
officer who took the envelope shall enter the judge or officer's name in the
space for the judge's name and sign the stub envelope.
(e)
In accordance with §64.001(c), Election Code, the
judge or other election officer shall deposit the ballot stub enclosed in
its envelope in envelope Number 5.
(f)
In accordance with §65.005(d), Election Code, if an
election officer finds a ballot with a signed stub in a ballot box, the stub
shall be enclosed and sealed in an envelope and deposited in envelope number
5 before the ballot is counted.
(g)
Ballots Not Counted. In accordance with §65.010(a),
Election Code, a ballot with an unsigned stub may not be counted. If an election
worker finds a ballot with an unsigned stub still clipped to it in ballot
box number 3, the ballot cannot be counted.
(h)
The judge shall make a notation on the back of the ballot
as to why it was not counted and place it in Ballot Box Number 3 with the
other counted ballots.
(i)
The workers do NOT examine the stubs after they are sealed
in the stub envelopes. Once the stub envelope is deposited in Envelope Number
5, it is not opened except for judicial proceedings.
(j)
Envelope Number 5 is delivered to the custodian of election
records. The ballot stubs are confidential information and not subject to
public inspection. After the preservation period, the contents of Envelope
Number 5 are destroyed.
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 March 8, 2002.
TRD-200201471
David N. Roberts
General Counsel
Office of the Secretary of State
Effective date: March 28, 2002
Proposal publication date: September 21, 2001
For further information, please call: (512) 463-5650
1 TAC §§81.86 - 81.88
The Office of the Secretary of State, Elections Division,
adopts the repeal of §§81.86 - 81.88, concerning early voting procedures
and optional storage methods for voter registration applications. The repeal
was proposed in the September 21, 2001,
Texas Register
(26 TexReg 7196). The repeal is adopted to delete these rules from
Subchapter E (Election Day Procedures) and re-adopt them into Subchapters
A (Voter Registration) and B (Early Voting).
No comments were received concerning the repeals.
The repeals are 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.
The Election Code, Title 7, is affected by this adopted repeal.
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 March 8, 2002.
TRD-200201472
David N. Roberts
General Counsel
Office of the Secretary of State
Effective date: March 28, 2002
Proposal publication date: September 21, 2001
For further information, please call: (512) 463-5650
Chapter 471.
OPERATING RULES OF THE TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD
Subchapter B. EARLY VOTING
Subchapter C. VOTING SYSTEMS
Subchapter E. ELECTION DAY PROCEDURES
Part 18.
TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD