TITLE 1. ADMINISTRATION

Part 4. OFFICE OF THE SECRETARY OF STATE

Chapter 81. ELECTIONS

Subchapter I. IMPLEMENTATION OF THE HELP AMERICA VOTE ACT OF 2002

1 TAC §81.174

The Office of the Secretary of State, Elections Division, adopts an amendment to §81.174, concerning provisional voting procedures for punch card and optical scan voting system ballots tabulated at a central counting station. The amendment is adopted without changes to the proposed text as published in the November 3, 2006, issue of the Texas Register (31 TexReg 8929).

Because of the Help America Vote Act of 2002 (H.R. 3295), the use of punch cards is now prohibited and, therefore, must be deleted from the rule's section heading. The amendment strikes the term punch card from the heading. The rule text is not changing.

No comments were received concerning the amendment.

The amendment is adopted pursuant to §31.003 of the Texas Election Code, 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.

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 10, 2007.

TRD-200701361

Ann McGeehan

Director of Elections

Office of the Secretary of State

Effective date: April 30, 2007

Proposal publication date: November 3, 2006

For further information, please call: (512) 463-5650