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TITLE 1ADMINISTRATION
PART 4OFFICE OF THE SECRETARY OF STATE
CHAPTER 81ELECTIONS
SUBCHAPTER IIMPLEMENTATION OF THE HELP AMERICA VOTE ACT OF 2002
RULE §81.175Voter Registrar Review of Provisional Ballot Affidavit Envelopes

  (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.

(d) Return of Provisional Ballot Affidavit Envelopes by the Voter Registrar.

  (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.


Source Note: The provisions of this §81.175 adopted to be effective April 3, 2014, 39 TexReg 2264

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