(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.
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