Sec. 65.010. BALLOTS NOT COUNTED. (a) The following ballots may not be counted:
(1) a ballot that is not provided to the voter at the polling place;
(2) two or more ballots that are folded together in a manner indicating that they were folded together when deposited in the ballot box;
(3) a write-in envelope containing a write-in vote without an attached ballot;
(4) a ballot that has not been deposited in the ballot box used for the deposit of marked ballots; or
(5) a provisional ballot that is not accepted under Subchapter B.
(b) If a ballot is unnumbered or the signature of the presiding judge does not appear on the back of a ballot, the presiding judge shall examine it to determine whether the ballot is not to be counted under Subsection (a)(1).
(c) If a ballot is not counted, an election officer shall indicate on the back of the ballot the reason for not counting it.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 18, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1078, Sec. 13, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1315, Sec. 34, eff. Jan. 1, 2004.
Structure Texas Statutes
Title 6 - Conduct of Elections
Chapter 65 - Counting Votes and Preparing Returns
Subchapter A. Counting Votes Generally
Section 65.001. Counting Officers
Section 65.002. Time for Counting
Section 65.003. Rotating Ballot Boxes No
Section 65.005. Tallying the Votes
Section 65.006. Replacing Member of Counting Team
Section 65.008. Tallying Write-in Votes
Section 65.009. Counting Irregularly Marked Ballot
Section 65.010. Ballots Not Counted
Section 65.012. Depositing Ballot in Ballot Box No
Section 65.013. Ballot Register
Section 65.014. Preparing the Precinct Returns