Texas Administrative Code
Title 1 - ADMINISTRATION
Part 4 - OFFICE OF THE SECRETARY OF STATE
Chapter 81 - ELECTIONS
Subchapter I - IMPLEMENTATION OF THE HELP AMERICA VOTE ACT OF 2002
Section 81.175 - Eligibility to Vote a Provisional Ballot at the Early Voting or the Election Day Polling Place

(1) Except as provided in paragraph (2) of this subsection, the voter registrar shall complete the review of the Provisional Ballot Affidavit Envelopes no later than the sixth calendar day after election day.

(2) For an election held on the date of the general election for state and county officers, the voter registrar shall complete the review of the Provisional Ballot Affidavit Envelopes no later than the seventh calendar day after election day.

(1) A voter who cast a provisional ballot due to the voter's failure to present an acceptable form of identification at the polling place may correct the problem by:

(2) If the sixth day falls on a Saturday, Sunday, or legal state or national holiday, the deadline is extended to the next business day in accordance with §1.006 of the Code.

(3) At a minimum, the voter registrar's office shall remain open and available for provisional voters to present an acceptable form of identification described by §63.0101 of the Code to the registrar or apply for an exemption under this rule during regular business hours on regular business days.

(4) After the provisional voter submits an acceptable form of identification described by §63.0101 of the Code, applies for the disability exemption under §13.002(i) of the Code, or completes one of the affidavits set out in §65.054(b)(2)(B) (religious objection) or (C) (natural disaster) of the Code in the presence of the voter registrar, the voter registrar shall review the form of identification or exemption request and follow the applicable procedure.

(5) The voter registrar will enter the provisional voter's information on the Provisional Voters Appearing to Voter Registrar During Cure Period form.

(6) The provisional voter will sign the Provisional Voters Appearing to Voter Registrar During Cure Period form.

(7) If the voter's name on the acceptable form of identification does not exactly match, but is substantially similar to the name as it appears on the official list of registered voters, the voter must complete the similar name affidavit located on the Provisional Voters Appearing to Voter Registrar During Cure Period form.

(8) If the voter registrar has possession of the Provisional Ballot Affidavit Envelopes, the voter registrar shall mark the voter's Provisional Ballot Affidavit Envelope to reflect that the voter:

(9) If the provisional voter submitted an application for the disability exemption, the voter registrar shall attach the completed application to the provisional voter's original voter registration application and issue the voter a new certificate containing the indication required under §15.001(c) of the Code.

(10) If the provisional voter submitted an application for one of the temporary exemptions under §65.054(b)(2)(B) (religious objection) or (C) (natural disaster) of the Code, the voter registrar will attach the temporary exemption affidavit to the voter's Provisional Ballot Affidavit Envelope.

(11) Poll watchers are not entitled to be present during the voter registrar's review.

(1) The voter registrar shall review information from the following sources to attempt to determine a provisional voter's registration status:

(2) The voter registrar must examine each Provisional Ballot Affidavit Envelope, determine the provisional voter's registration status from the sources described in paragraph (1)(A) - (D) of this subsection, and mark the appropriate status on the Provisional Ballot Affidavit Envelope.

(3) For provisional voters who did not present an acceptable form of identification at the polling place, the voter registrar must mark one of the following on the Provisional Ballot Affidavit Envelope.

(4) For provisional voters who voted provisionally for other reasons, the voter registrar must mark one of the following on the Provisional Ballot Affidavit Envelope.

(5) The voter registrar shall sign and date each Provisional Ballot Affidavit Envelope after the registrar completes the review.

(6) The voter registrar shall copy the Provisional Ballot Affidavit Envelope of each provisional voter who was not registered to vote, who was registered but whose information contained updated voter registration information, who was erroneously cancelled, who was listed in the wrong precinct, or for any other reason the voter registrar deems necessary.

(7) For purposes of voter registration, the copied Provisional Ballot Affidavit Envelope serves as an original voter registration application or change form; the effective date will be calculated as 30 days from the election date for the election for which the Provisional Ballot Affidavit Envelope was submitted.

(8) If the residence address provided on the Provisional Ballot Affidavit Envelope falls outside the voter registrar's jurisdiction, the voter registrar shall forward a copy of the Provisional Ballot Affidavit Envelope to the appropriate voter registrar. The effective date of the transferred copy shall be calculated as 30 days from the election date for the election for which the Provisional Ballot Affidavit Envelope was originally submitted. The original Provisional Ballot Affidavit Envelope shall be transferred by the general custodian of election records to the appropriate voter registrar after the preservation period upon the voter registrar's request.

(9) Poll watchers are not entitled to be present during the voter registrar's review.

(1) The voter registrar shall replace the Provisional Ballot Affidavit Envelopes in a closed and sealed transfer case provided by the general custodian of election records along with copies of the List of Provisional Voters and the copy of the Summary of Provisional Ballots. The container must be closed and sealed. The serial number of the seal shall be recorded on the Verification of Provisional Ballots and Serial Number form.

(2) The general custodian of the election records or the Early Voting Ballot Board presiding judge shall pick up the closed and sealed transfer cases and all other materials at the time, date, and location designated by the voter registrar. The voter register may designate more than one time and date for delivery and there may be multiple deliveries.

(3) The voter registrar's final designated time of delivery may in no event be later than the time the Early Voting Ballot Board convenes on the seventh day after election day to count provisional ballots in accordance with §65.051(a) of the Code.

(4) The voter registrar shall sign the Verification of Provisional Ballots and Serial Numbers form verifying the transfer, and the presiding judge of the Early Voting Ballot Board or general custodian of election records shall sign indicating receipt of the Provisional Ballot Affidavit Envelopes and that the container(s) were properly closed and sealed.