Tex. Elec. Code § 192.104 · Subchapter D. REQUIRED ACTION BY PRESIDENTIAL ELECTORS; REPLACEMENT OF ELECTOR
ELECTOR VOTING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) At the time designated for elector voting and after all vacant positions have been filled, the secretary of state shall provide each elector with a presidential and a vice-presidential ballot. The elector shall mark the elector's presidential and vice-presidential ballots with the elector's votes for the offices of president and vice president, respectively, along with the elector's signature and the elector's legibly printed name.
(b) Except as otherwise provided by law of this state other than this subchapter, each elector shall present both completed ballots to the secretary of state. The secretary of state shall examine the ballots and read each vote publicly.
(c) The secretary of state shall accept as cast all ballots of electors whose votes are consistent with their oaths executed under Section 192.102 or 192.103(d). Except as otherwise provided by law, the secretary of state may not accept and may not count either an elector's presidential or vice-presidential ballot if the elector has not marked both ballots or has marked a ballot in violation of the elector's oath.
(d) An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector's oath executed under Section 192.102 or 192.103(d) vacates the office of elector, creating a vacant position to be filled under Section 192.103.
(e) The secretary of state shall distribute ballots to and collect ballots from each elector and repeat the process under this section of examining ballots, publicly reading the votes, declaring and filling vacant positions as required, and recording appropriately completed ballots from the substituted electors, until all of this state's electoral votes have been cast and recorded.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 998 (H.B. 87), Sec. 8, eff. June 18, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/EL/htm/EL.192.htm
- Text hash
- sha256 2df32a83e54cf6af58a1963790afe8505bb5bf63fe666cf54d3ddea50232ee26
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 3 provisions
Provisions in this library whose text cites Tex. Elec. Code § 192.104. Each shows the citation as that text prints it.
Election Code
- Tex. Elec. Code § 192.065CERTIFICATION OF WINNING CANDIDATE'S INABILITY TO SERVE; AFFIRMATION OR DENIAL BY ELECTORS.Printed as Sections 192.102, 192.103(b), 192.103(d), and 192.104(d)
- Tex. Elec. Code § 192.101DESIGNATION OF STATE'S ELECTORS.Printed as Sections 192.006, 192.103, and 192.104
- Tex. Elec. Code § 192.103PRESIDING OFFICER; ELECTOR VACANCY.Printed as Section 192.104
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.