Tex. Election Code Section 127.157
Processing Irregularly Marked Ballots

(a)

This section applies only to a voting system that allows voters to deposit the ballots directly into a unit of automatic tabulating equipment.

(b)

While the polls are open or as soon as practicable after the polls close, the counted ballots shall be removed from the ballot box and examined for irregularly marked ballots. The ballot box may not be opened for the purpose of examining the ballots unless there are at least 10 ballots in the box.

(c)

If an election officer determines that two or more ballots were improperly tabulated because of irregular marks, the irregularly marked ballots shall be separated from the ballots that were marked properly, and all of the ballots shall be delivered to a central counting station.

(d)

At the central counting station, the irregularly marked ballots shall be duplicated, and the ballots shall be processed in accordance with Section 127.126 (Duplicating Ballots). The duplicate ballots shall be automatically counted with the remainder of the ballots at the central counting station. The tabulation conducted at the central counting station is considered to be the official tabulation for those ballots.

(e)

If only one ballot has been improperly tabulated because of an irregular mark, the ballot shall be placed in an envelope as prescribed by the secretary of state. The envelope must include the irregularly marked ballot and a form that identifies the nature and date of the election, ballot serial number, and applicable offices. The envelope shall be delivered to a central counting station. At the central counting station, the ballot shall be examined and adjustments shall be made to the totals certified by the election judge to indicate the intent of the voter. The election results for the affected precinct shall be manually entered into the election processing system, but the original election returns may not be altered. The envelope containing the ballot and form shall be placed in the ballot box with the regular voted ballots and shall be preserved with those ballots for the same period.
Added by Acts 1991, 72nd Leg., ch. 632, Sec. 1, eff. Sept. 1, 1991.

Source: Section 127.157 — Processing Irregularly Marked Ballots, https://statutes.­capitol.­texas.­gov/Docs/EL/htm/EL.­127.­htm#127.­157 (accessed Apr. 20, 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
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Accessed:
Apr. 20, 2024

§ 127.157’s source at texas​.gov