Tex. Elec. Code § 85.032 · Subchapter B. POLLING PLACE PROCEDURE
SECURITY OF EARLY VOTING BALLOT BOX.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The procedure for rotating two ballot boxes applicable to a precinct polling place does not apply to an early voting polling place. Once locked for use in an election, the early voting ballot box may not be unlocked except as provided by this subtitle.
(b) The ballot box in which voters deposit their marked early voting ballots must have two locks, each with a different key, and must be designed and constructed so that the box can be sealed to detect any unauthorized opening of the box and that the ballot slot can be sealed to prevent any unauthorized deposit in the box. The seals for the boxes must be serially numbered for each election. The procedures prescribed by Sections 127.064, 127.065, 127.066, and 127.068 governing the use of sealed ballot boxes in electronic voting system elections apply to the use of sealed ballot boxes under this title to the extent those procedures can be made applicable. The secretary of state shall prescribe any procedures necessary to implement the use of sealed ballot boxes in early voting.
(c) During the period for early voting by personal appearance, the early voting clerk shall keep the key to one of the locks to the early voting ballot box, and the custodian of keys to ballot boxes for preserving voted ballots after the election shall keep the key to the second lock.
Text of subsection prior to the amendments made by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 18, eff. September 1, 2025. Applies to elections ordered before the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 32, eff. September 1, 2025.
(d) Each custodian shall retain possession of the key entrusted to the custodian until it is delivered to the presiding judge of the central counting station.
Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 18, eff. September 1, 2025. Applies to elections ordered on or after the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 32, eff. September 1, 2025.
(d) Each custodian shall retain possession of the key entrusted to the custodian until it is delivered to, as applicable, the presiding judge of:
(1) the central counting station;
(2) the early voting ballot board; or
(3) an election day polling place.
(e) A sealed case may be used for transferring voted early voting ballots in accordance with procedures approved by the secretary of state.
(f) The secretary of state shall prescribe procedures providing for the security of the voted early voting ballots from the last day of voting by personal appearance at a polling place until the day the ballots are counted.
Text of subsection as added by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 18, eff. September 1, 2025. Applies to elections ordered on or after the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 32, eff. September 1, 2025.
(g) Voted early voting ballots to be counted manually shall be kept in a separate ballot box from voted early voting ballots to be counted using automatic tabulating equipment.
Notes and commentary — not statutory text
History
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1989, 71st Leg., ch. 562, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 203, Sec. 2.09; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, Sec. 74, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381, Sec. 11, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 16, eff. September 1, 2011.
Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 18, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/EL/htm/EL.85.htm
- Text hash
- sha256 97fc900c4a9e3f20f80ba11538a71ca2d2df8e659a0e5aac4fe13dd72437137f
- 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.
Election Code
- Tex. Elec. Code § 127.064SEALS FOR BALLOT BOXES.Printed as Sections 127.064, 127.065, 127.066, and 127.068
- Tex. Elec. Code § 127.065SEALING BALLOT BOX; DELIVERY TO POLLING PLACE.Printed as Sections 127.064, 127.065, 127.066, and 127.068
- Tex. Elec. Code § 127.066SEALING DEPOSIT SLOT; DELIVERY OF SEALED BALLOT BOX TO COUNTING STATION.Printed as Sections 127.064, 127.065, 127.066, and 127.068
- Tex. Elec. Code § 127.068RECEIVING SEALED BALLOT BOX AT COUNTING STATION.Printed as Sections 127.064, 127.065, 127.066, and 127.068
Cited by 2 provisions
Provisions in this library whose text cites Tex. Elec. Code § 85.032. 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.