Tex. Election Code Section 127.098
Conduct of Third Test; Void Ballot Count

(a)

If the initial test conducted under Section 127.093 (Times for Conducting Test)(d) is unsuccessful, the count of ballots voted in the election obtained with the automatic tabulating equipment is void.

(b)

If the initial test is successful, the automatic count of ballots voted in the election is valid for the purpose of certifying the election returns prepared at the central counting station. The presiding judge shall certify in writing that the initial test was successful and the date and hour the test was completed. The certification shall be retained with the test materials.

(c)

If the ballot count is void under Subsection (a), the testing authorities shall follow the procedure prescribed by Section 127.097 (Conduct of Second Test). When a test is successful, the ballots to be counted automatically shall immediately be counted. Immediately on completing the automatic count, the equipment shall again be tested, and if the initial test is successful the automatic count is valid for the purpose of certifying the election returns. Otherwise, the automatic ballot count is void.

(d)

The procedure prescribed by Subsection (c) shall be repeated until a valid automatic count is obtained or the testing authorities determine that obtaining a valid automatic count is impracticable. In that case, the ballots shall be counted manually.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Source: Section 127.098 — Conduct of Third Test; Void Ballot Count, https://statutes.­capitol.­texas.­gov/Docs/EL/htm/EL.­127.­htm#127.­098 (accessed Jun. 5, 2024).

127.001
Establishment of Central Counting Station 127.002
Counting Station Manager 127.003
Tabulation Supervisor 127.004
Assistants to Tabulation Supervisor 127.005
Presiding Judge of Counting Station 127.006
Counting Station Clerks 127.007
Plan for Counting Station Operation 127.008
Bystanders Excluded 127.009
Electronic Devices in Central Counting Station 127.010
Training 127.0015
Central Counting Station Officers: Oath and Identification 127.061
Sealed Ballot Boxes Required 127.063
Design of Ballot Box 127.064
Seals for Ballot Boxes 127.065
Sealing Ballot Box 127.066
Sealing Deposit Slot 127.067
Disposition of Election Records 127.068
Receiving Sealed Ballot Box at Counting Station 127.069
Sorting Ballots 127.091
Test of Tabulating Equipment Required 127.092
Testing Authorities 127.093
Times for Conducting Test 127.094
Design of Test 127.095
Determining Success of Test 127.096
Conduct of First Test 127.097
Conduct of Second Test 127.098
Conduct of Third Test 127.099
Security of Test Materials 127.100
Custody of Test Materials 127.121
Programmer for Tabulating Equipment 127.122
Approval of Program 127.123
Security of Program 127.124
Early Processing of Ballots 127.125
Preparing Ballots for Automatic Counting 127.126
Duplicating Ballots 127.127
Operating Equipment and Handling Ballots Restricted 127.128
Ballots Tabulated by Precinct 127.129
Correction of Results After Equipment Malfunction 127.130
Manual Counting 127.131
Preparing Returns 127.132
Disposition of Ballots, Returns, and Other Records 127.151
Applicability of Subchapter 127.152
Test of Tabulating Equipment Required 127.153
Test Repeated if Equipment Malfunctions 127.154
Identification Numbers Required for Equipment 127.155
Presiding Judge to Sign Tape 127.156
Tabulation at Central Counting Station if Discrepancy Exists in Ballot Totals 127.157
Processing Irregularly Marked Ballots 127.201
Partial Count of Electronic Voting System Ballots by General Custodian 127.202
Count of Electronic Voting System Ballots by Secretary of State 127.301
Applicability of Subchapter 127.302
Risk-limiting Audit 127.303
Rules 127.304
Publication of Results 127.305
Pilot Program 127.306
Waiver Not Permitted 127.351
Randomized County Audits 127.1231
Security of Automatic Tabulating Equipment 127.1232
Security of Voted Ballots 127.1301
Centrally Counted Optical Scan Ballots 127.1311
Announcing Unofficial Results
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 127.098’s source at texas​.gov