Tex. Elec. Code § 65.009 · Subchapter A. COUNTING VOTES GENERALLY
COUNTING IRREGULARLY MARKED BALLOT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Failure to mark a ballot in strict conformity with this code does not invalidate the ballot.
(b) Marking the ballot by marking through the names of candidates for whom or the statements beside the propositions for which the voter does not desire to vote does not invalidate the ballot.
(c) A vote on an office or measure shall be counted if the voter's intent is clearly ascertainable unless other law prohibits counting the vote.
(d) The intent of the voter in marking a ballot may be determined by:
(1) a distinguishing mark adjacent to the name of a candidate or political party or a voting choice associated with a proposition;
(2) an oval, box, or similar marking clearly drawn around the name of a candidate or political party or a voting choice associated with a proposition;
(3) a line drawn through:
(A) the names of all candidates in a manner that indicates a preference for the candidates not marked if the names of the candidates not marked do not exceed the number of persons that may be elected to that office;
(B) the name of each political party except one in a manner that clearly indicates a preference for the political party not marked; or
(C) a voting choice associated with a proposition in a manner that clearly indicates a preference for the other voting choice associated with the proposition; or
(4) any other evidence that clearly indicates the intent of the voter in choosing a candidate or political party or deciding on a proposition.
Notes and commentary — not statutory text
History
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 33, eff. Jan. 1, 2004.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/EL/htm/EL.65.htm
- Text hash
- sha256 e3c9e82e9c966d2fa85269d39d5fe94f3136e89571b4b70ccc436b05fefba748
- 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
Cited by 1 provision
Provisions in this library whose text cites Tex. Elec. Code § 65.009. Each shows the citation as that text prints it.
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.