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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 §81.176Early Voting Ballot Board Provisional Ballot Review

    (F) After the count is complete, the manager shall run the required third logic and accuracy test. If the test is not successful, the count is void.

  (9) If using a Direct Record Electronic (DRE) system, the central counting station manager shall prepare the DRE voting system for reviewing and accepting provisional ballots in accordance with instructions provided by the general custodian of election records, which may include the instructions of the vendor of the system.

  (10) Once counted, the Provisional Ballot Affidavit Envelopes, along with any corresponding paperwork shall be re-sealed in the container and returned to the general custodian of election records.

  (11) The List of Provisional Voters for each precinct, along with any copies of the List forms, shall be delivered to the general custodian of election records in the envelope or container for accepted Provisional Ballot Affidavit Envelopes.

  (12) The provisional ballots and Provisional Ballot Affidavit Envelopes shall be retained for the appropriate preservation period for the election.

  (13) All Provisional Ballot Affidavit Envelopes and the List of Provisional Voters are public records after the Early Voting Ballot Board has completed their review and the Provisional Ballot Affidavit Envelopes and the List of Provisional Voters have been returned to the General Custodian of Election Records.

  (14) Rejected Provisional Ballot Affidavit Envelopes may not be opened except by court order.

  (15) Poll watchers are entitled to be present at the meeting of Early Voting Ballot Board pursuant to §33.054 of the Texas Election Code.

(d) Request for Return of Original Envelopes. Upon request of the voter registrar, the general custodian of election records shall deliver the original Provisional Ballot Affidavit Envelopes to the voter registrar after the preservation period.

(e) Notice of Outcome to Provisional Voters. Not later than the tenth day after the local canvass, the presiding judge of the Early Voting Ballot Board shall deliver written notice to the provisional voter regarding whether the provisional ballot was counted, and if the ballot was not counted, the reason the ballot was not counted. The presiding judge shall use the information provided on the Provisional Ballot Affidavit Envelope to obtain the proper mailing address for the voter and the final resolution of the provisional ballot.


Source Note: The provisions of this §81.176 adopted to be effective April 3, 2014, 39 TexReg 2264

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