| (a) Transfer of Early Voting Provisional Ballot Affidavit
Envelopes during Early Voting Period.
(1) During the early-voting-by-personal-appearance
period, upon the request of the voter registrar, the general custodian
of election records may request that the early voting clerk, as well
as the deputy early voting clerk at branch locations, deliver to the
general custodian of election records the early voting Provisional
Ballot Affidavit Envelopes.
(2) In an election where the early voting clerk is
not designated as the general custodian of election records, the general
custodian of election records may permit the early voting clerk to
deliver the Provisional Ballot Affidavit Envelopes.
(3) The delivery must occur at a place designated by
the general custodian of election records.
(4) The Provisional Ballot Affidavit Envelopes must
be stored and transferred in a closed and sealed transfer case provided
by the general custodian of election records.
(5) The early voting clerk and the deputy early voting
clerk shall accompany such delivery with the Early Voting List of
Provisional Voters specific to such Provisional Ballot Affidavit Envelopes.
(6) The general custodian of election records shall
unseal and open the transfer case and verify that the number of provisional
voters on the Early Voting List of Provisional Voters matches the
number of Provisional Ballot Affidavit Envelopes contained in the
transfer case.
(7) The general custodian of election records shall
sign the Early Voting List of Provisional Voters evidencing the number
of provisional voters per precinct and the number of Provisional Ballot
Affidavit Envelopes to be forwarded to the voter registrar.
(8) The general custodian of election records shall
prepare a Summary of Provisional Ballots listing each precinct and
the number of Provisional Ballot Affidavit Envelopes for each precinct.
(9) The custodian shall place the following items in
a transfer case:
(A) the Provisional Ballot Affidavit Envelopes;
(B) the Early Voting List of Provisional Voters;
(C) blank Verification of Provisional Ballots and Serial
Numbers forms; and
(D) seals sufficient to secure the transfer case(s)
when the voter registrar returns the Provisional Ballot Affidavit
Envelopes to the custodian.
(10) The custodian shall seal the transfer case. The
seal number shall be placed on the Summary of Provisional Ballots.
(11) If the general custodian of election records does
not request delivery of the Provisional Ballot Affidavit Envelopes
during the early voting period, the early voting clerk and the deputy
early voting clerk shall deliver the closed and sealed container for
completed Provisional Ballot Affidavit Envelopes and the Early Voting
List of Provisional Voters to the custodian upon completion of the
early-voting-by-personal-appearance period. Upon delivery, the general
custodian shall complete steps outlined in paragraphs (6) - (10) of
this subsection.
(b) Transfer to Voter Registrar of Early Voting Provisional
Ballot Affidavit Envelopes.
(1) The general custodian of election records shall
post a Notice of Delivery of Provisional Ballots of the early voting
Provisional Ballot Affidavit Envelopes at least 24 hours before the
first such delivery to the voter registrar.
(2) If the voter registrar requests delivery of the
Provisional Ballot Affidavit Envelopes during the early voting period,
the custodian may deliver, at one or more times during regular business
hours, the Provisional Ballot Affidavit Envelopes cast during early
voting to the voter registrar in a closed and sealed transfer case
accompanied by the Summary of Provisional Ballots, after following
the procedures set forth in subsection (a)(5) - (10) of this section.
(3) If the voter registrar does not request delivery
of the Provisional Ballot Affidavit Envelopes during the early voting
period, the custodian shall deliver the Provisional Ballot Affidavit
Envelopes cast during early voting to the voter registrar in a closed
and sealed transfer case no later than the first business day after
the completion of early voting and after following the procedures
set forth in subsection (a)(5) - (10) of this section.
(4) The voter registrar shall sign the Early Voting
List of Provisional Voters, the Summary of Provisional Ballots, and
the Verification of Provisional Ballots and Serial Numbers to verify
receipt of the Provisional Ballot Affidavit Envelopes.
(c) Transfer of Election Day Provisional Ballot Affidavit
Envelopes to General Custodian of Election Records.
(1) After the election day polls have closed, the election
judge shall enter the number of Provisional Ballot Affidavit Envelopes
cast on the Register of Official Ballots and on the List of Provisional
Voters.
(2) The election judge shall place a copy of the List
of Provisional Voters form inside Envelope No. 2.
(3) In an election in which a precinct tabulator is
utilized, any ballots stamped "provisional" that are not contained
in a Provisional Ballot Affidavit Envelope may not be counted and
are not transferred to the voter registrar. The ballots shall be treated
as irregularly marked ballots under the procedure set out in §127.157
of the Texas Election Code.
(4) The closed and sealed container for completed Provisional
Ballot Affidavit Envelopes shall be delivered by the election judge
or the judge's designee to the general custodian of election records.
(5) The general custodian of election records shall
unseal and open the secure container with the Provisional Ballot Affidavit
Envelopes.
(6) The general custodian of election records or central
counting station personnel, if applicable under §127.157 of the
Code, shall verify that the number of Provisional Voters on the List
of Provisional Voters matches the number of Provisional Ballot Affidavit
Envelopes recorded on the ballot register.
(7) The general custodian of election records shall
sign the List of Provisional Voters evidencing the number of provisional
voters per precinct and the number of Provisional Ballot Affidavit
Envelopes to be forwarded to the voter registrar.
(8) The general custodian of election records shall
prepare a Summary of Provisional Ballots listing each precinct and
the number of Provisional Ballot Affidavit Envelopes received by that
precinct.
(9) The general custodian of election records shall
place the following items in a closed transfer case:
(A) the Provisional Ballot Affidavit Envelopes;
(B) the corresponding List of Provisional Voters; and
(C) blank Verification of Provisional Ballots and Serial
Numbers forms, and seals sufficient to secure the transfer case(s)
when the voter registrar returns the Provisional Ballot Affidavit
Envelopes to the custodian.
(10) The general custodian of election records shall
seal each transfer case that contains Provisional Ballot Affidavit
Envelopes and their corresponding List of Provisional Voters prior
to delivery to the voter registrar. The numbers on the seal shall
be recorded on the Summary of Provisional Ballots.
(11) A poll watcher, if available, may sign the Summary
of Provisional Ballots.
(d) Transfer to Voter Registrar of Election Day Provisional
Ballot Affidavit Envelopes.
(1) The general custodian of election records shall
deliver the transfer case(s) containing the Provisional Ballot Affidavit
Envelopes and the List of Provisional Voters for each precinct, along
with the Summary of Provisional Ballots, on the next business day
after the election.
(2) The general custodian of election records must
also include with the delivery blank Verification of Provisional Ballots
and Serial Numbers forms and seals sufficient to secure the transfer
case(s) for when the voter registrar returns the Provisional Ballot
Affidavit Envelopes to the custodian after the voter registrar's review.
(3) If the voter registrar wishes to take possession
of the transfer case(s) containing the Provisional Ballot Affidavit
Envelopes from the general custodian of election records on election
night, the voter registrar must inform the custodian and post a Notice
of Delivery of Provisional Ballots no later than 24 hours before election
day. If the voter registrar makes this determination, the voter registrar
must go to the custodian's office and take possession on election
night.
(4) Upon receipt of the transfer case(s) containing
the Provisional Ballot Affidavit Envelopes, the voter registrar shall
sign the Summary of Provisional Ballots and the Verification of Provisional
Ballots and Serial Numbers to verify such receipt, that the box was
intact, and that the seal was not broken.
(5) The voter registrar shall break the seal of the
transfer case(s) containing the Provisional Ballot Affidavit Envelopes
and remove the Provisional Ballot Affidavit Envelopes in order to
begin the voter registrar's review.
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