Tex.
Election Code Section 192.104
Elector Voting
(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 (Oath) or 192.103 (Presiding Officer; Elector Vacancy)(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 (Oath) or 192.103 (Presiding Officer; Elector Vacancy)(d) vacates the office of elector, creating a vacant position to be filled under Section 192.103 (Presiding Officer; Elector Vacancy).(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.
Source:
Section 192.104 — Elector Voting, https://statutes.capitol.texas.gov/Docs/EL/htm/EL.192.htm#192.104 (accessed Apr. 29, 2024).
