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Election Advisory No. 2023-09

November 7, 2023 Election Law Calendar

The uniform election date in November of odd-numbered years is usually the date on which constitutional amendments passed by the Texas Legislature duringits recently completed session are voted on. Many local political subdivisions, such as cities and school districts, also have their regular general elections for members of their governing bodies or special elections to fill vacancies on this date. Political subdivisions, including counties, may also have measure (proposition) elections on this date. Therefore, this calendar is designed to meet the needs of many diverse governmental bodies. If there are questions about the applicability of something in this calendar to your particular election, do not hesitate to call the Elections Division of the Office of the Texas Secretary of State at 1-800-252-VOTE (8683)

Notes

(Please Click to Expand)

1. Note on Campaign Information

Under Title 15 of the Texas Election Code, candidates running for an office must file campaign contribution and expenditure reports. For further information and all questions about such disclosure filings, campaign finance, and political advertising, plea se contact the Texas Ethics Commission at 201 E. 14th, 10th Floor, Austin, Texas 78701; call 512 -463-5800; or access their website.

2. Note on Statutory and Administrative Code References

Unless otherwise indicated, all references are to the Texas Election Code. The county election officer is either the county clerk, the county elections administrator, or the county tax assessor- collector, depending on the actions of the county commissioners court. (Secs. 31.031, 31.071, 31.091). The county voter registrar is either the county clerk, the county elections administrator, or the county tax assessor-collector, depending on the actions of the county commissioners court. (Secs. 12.001, 12.031, 31.031, 31.071).

Any references to the Texas Administrative Code are cited to the relevant section of the “T.A.C.”

3. Note on Web Posting Requirements

Please see our Web Posting Advisory, Tex. Sec’y of State Election Advisory No. 2019-19, for more details on web posting requirements; however, the requirements are summarized below.

As of January 1, 2020, each county shall maintain a website. (Sec. 26.16(a), Tax Code).

A political subdivision with the authority to impose a tax that maintained a publicly accessible website at any time on or after January 1, 2019, and that is not subject to Section 2051.202 of the Government Code must post the following items on the entity’s Internet website (Sec s. 2051.201, 2051.202, Government Code). See Internet Posting Requirements for Political Subdivisions (PDF):

  1. The political subdivision’s contact information, including a mailing address, telephone number, and e-mail address;
  2. Each elected officer of the political subdivision;
  3. The date and location of the next election for officers of the political subdivision;
  4. The requirements and deadline for filing for candidacy of each elected off ice of the political subdivision, which shall be continuously posted for at least one year before the election day for the office;
  5. Each notice of a meeting of the political subdivision’s governing body under Subchapter C, Chapter 551 of the Government Code; and
  6. Each record of a meeting of the political subdivision’s governing body under Section 551.021 of the Government Code. (Sec. 2051.201, Government Code).

Our office recommends consulting with your political subdivision’s local counsel regarding the particular posting requirements under Subdivisions (5) and (6) referenced above. Please note, the requirements for posting notice of meetings and record of meetings of the political subdivision’s governing body do not apply to:

  1. A county with a population of less than 10,000;
  2. A municipality with a population of less than 5,000 located in a county with a population of less than 25,000; or
  3. A school district with a population of less than 5,000 in the district's boundaries and located in a county with a population of less than 25,000.

    NOTE - Section 2051.202 of the Government Code requires a special purpose district with certain financial and population characteristics to post specific information on an Internet website. “Special purpose district" excludes from the term a municipality, county, junior college district, independent school district, groundwater conservation district, river authority, or political subdivision with statewide jurisdiction. (Sec. 2051.202, Government Code).

NOTE - NEW LAW: SB 477 (2023, R.S.) amended Section 63.0015 of the Code, effective June 18, 2023, to require that an election officer post in an accessible manner on the county clerk’s/election administrator’s Internet website all procedures and accommodations available for voters with disabilities.

During the 21 days before the election, a debt obligation order under Section 3.009 must be posted on the political subdivision’s Internet website, prominently and together with the notice of the election, a copy of the sample ballot, and the contents of the proposition, if the political subdivision maintains an Internet website. (Sec. 4.003(f)).

    NOTE - Per Section 4.009 of the Code, not later than the 21st day before election day, a county that holds an election or provides election services for an election must post certain information related to their upcoming elections. A city or independent school district that holds an election and maintains an Internet website must also post this same election information on their website even if the county is also posting this data.

    • The date of the election;
    • The location of each polling place;
    • Each candidate for an elected office on the ballot; and
    • Each measure on the ballot. (Sec. 4.009)

    NOTE - Section 65.016 of the Code requires a county that holds an election or provides election services for an election for a public entity to post certain information on their website. A city or independent school district that holds an election and maintains an Internet website must also post certain information on their website related to election results, even if the county is also posting such information. Information should be posted as soon as practicable after the election and must be accessible without having to make more than two selections or view more than two network locations after accessing the home page of the county, city or school district, whichever is applicable. Required information on the websites must include:

    • the results of each election;
    • the total number of votes cast;
    • the total number of votes cast for each candidate or for or against each measure;
    • the total number of votes cast by personal appearance on election day;
    • the total number of votes cast by personal appearance or mail during the early voting period; and
    • the total number of counted and uncounted provisional ballots cast. (Sec. 65.016).

We recommend that election results information remain posted on the entity’s main page (or within two clicks of the main page) at least until the next election, and that the information continues to be available for the full 22-month retention period for election records. Entities may choose to make older election results information available on their website.

NOTE - NEW LAW: HB 2800 (2023, R.S.) amended Section 51.002 of the Code, effective September 1, 2023, to require that notice of a meeting of the county election board be posted not later than 48 hours before each meeting. The county clerk/elections administrator shall post notice of the meeting on the county’s website, if the county maintains a website.

4. Note on Required Use of County Polling Places

Political subdivisions holding an election on the November uniform election date must use county election precincts and the county polling places. (Secs. 42.002, 42.0621, 43.004). This is the case even when the county has adopted the countywide polling place system; in that case the entity must have a presence in every countywide location in the county, not just the locations physically within the territory of the political subdivision. (Secs. 42.002, 43.007(e)).

NOTE - In a special election for which use of county election precincts is required, the commissioners court may consolidate, on the recommendation of the county election board, two or more county election precincts into a single precinct if the polling place is located so it will adequately serve the voters of the consolidated precinct. If county election precincts are consolidated for a countywide election, at least one consolidated precinct must be situated wholly within each commissioners precinct. (Sec. 42.008).

NOTE - When a county is using the countywide polling place program and a court order requires any of the polling locations to remain open past 7 p.m., then ALL countywide polling place locations MUST remain open for the same amount of time, as ordered by the court order. (Sec 43.007).

In an election held by a political subdivision other than a county on the November uniform election date, and in which the political subdivision is not holding a joint election with a county or has not executed a contract with a county elections officer under which the political subdivision and the county share early voting polling places for the election, the political subdivisio n must designate as one of its own early voting sites one of the early voting sites established by the county that is located in the political subdivision. If such a shared polling place is designated as the main early voting polling place by the political subdivision, it must be open for voting for all political subdivisions the polling place serves for at least the days and hours required of a main early voting polling place for the political subdivision making the designation. (Secs. 85.010 , 85.002).

5. Note on Notice of Candidate Filing Periods

The authority with whom an application for a place on the ballot is filed must post a Notice of Deadline to File Applications for Place on the Ballot (PDF), listing the filing period dates in a building in which the authority maintains an office. The notice must be posted not later than the 30th day before the first day to file. (Sec. 141.040). If you order a special election to fill a vacancy, the order must include the filing deadline; we recommend posting the notice of the filing period as soon as practicable after a special election is ordered. Note that an application for a place on the ballot for a special election may not be filed before the election is ordered. (Sec. 201.054).

NOTE - The authority with whom an application for a place on the ballot is filed MUST designate an e-mail address in the notice required by Section 141.040 of the Code for the purpose of filing an application for a place on the ballot. (Sec. 141.040).

Most elective offices require that a candidate be a registered voter of the territory that the office is elected from as of the filing deadline or as of other statutory deadlines. (Sec. 141.001). For more information on the candidate voter registration requirement, see Voter RegistrationRequirements for Candidates.

6. Note on Joint Election Requirement for School Districts

School districts conducting trustee elections must have joint polling places on election day with either:

  1. a city holding an election on the uniform election day (located wholly or partly within the school district’s boundaries);
  2. a public junior college district if it is having an election for members of its governing board in which the school district is wholly or partly located;
  3. in limited circumstances, a hospital district; or
  4. the county on the November uniform election day in even-numbered years.

For purposes of this calendar, we will continue to use separate subheads for cities and school districts when their rules are different. However, many entities will be working out joint election agreements. (Sec. 11.0581, Texas Education Code; Sec. 271.002).

NOTE - At minimum, a school district needs to share polling places with a city or public junior college district conducting an election on the uniform election day. Sharing polling places is sufficient to meet the joint election requirement.

7. Note on Joint Elections Generally

Many entities will have joint elections for the November 7, 2023 election. Note that the entries in this calendar are generally written in terms of elections held individually rather than jointly. For example, counties are required to conduct 12 consecutive hour days the last two day of early voting. However, we have long advised different entities who conduct early voting together to coordinate their early voting hours, which may result in entities other than counties also holding early voting for 12-hour days the last two days of early voting. On the other hand, depending on the plan, different entities may choose to do different things separately, i.e., not holding early voting together. Not all joint election plans are alike. With a few exceptions, we do not discuss the impact of coordinating rules for a joint election, as we think this would make the calendar longer and confusing. We encourage joint election partners to read through the entire calendar, taking note of the rules affecting the partner entities and to address the differences within the agreement itself. If you have questions about how different rules apply to a particular joint election plan, please contact our office by phone or email.

8. Note on Notice of Elections

Political subdivisions other than cities and school districts may have specific statutory notice requirements. In the absence of specific statutory requirements, such political subdivisions must post a notice on or before the 21st day before the election. (Sec. 4.003(b)). For the Tuesday, November 7, 2023 election, this notice must be posted on or before Tuesday, October 17, 2023. The general rule is that, additionally, notice must be given using one of the following methods:

  1. By posting a notice in each election precinct in which the election is to be held on or before the 21st day before the election, Tuesday, October 17, 2023. (Sec. 4.003(a)(2)).
  2. By publishing the notice at least once between the 30th day and the 10th day before the election, Sunday, October 8, 2023–Saturday, October 28, 2023. (Sec. 4.003(a)(1)).
  3. By mailing a copy of the notice to each registered voter of the territory covered by the election, not later than the 10th day before election day, Saturday, October 28, 2023. (Sec. 4.003(a)(3)).

Cities and School Districts: Cities and school districts are required to publish their notice in a newspaper in accordance with Section 4.003(a)(1) ( See number 2 above) and may also give any additional notice. (Sec. 4.003(c)). If a county maintains a website, the county must post any notice provided to the county by a political subdivision conducting an election in the county to the county’s website no later than the 21st day before election day, Tuesday, October 17, 2023. (Sec. 4.003(b)). If the county does not maintain a website, school districts and cities must also post a copy of the notice on the governmental bulletin board used for posting notice of public meetings no later than the 21st day before election day, Tuesday, October 17, 2023.

Note for Counties: Notice of an election ordered by the governor or by a county authority must be published in a newspaper; the county may also give any additional notice. (Secs. 4.003(a)(1), 4.003(c)).

Notice for State Constitutional Amendment Election: The constitutional amendment election is ordered by the governor. However, the commissioners court should also complete a local order (PDF) to ensure that all required actions related to the election have been completed. Additionally, your county may post notice of the election on the commissioners court bulletin board and must also provide notice under the method authorized under number 2 above. (Secs. 4.002(1), 4.003(a) and (b)).

NOTE - In addition to any other notice given, notice of an election ordered by the governor, by a county authority, or by an authority of a city or school district must be given by the method prescribed by Section 4.003(a)(1) of the Code. (Sec. 4.003(c)).

Note for All Political Subdivisions, Except Counties: The governing body of a political subdivision must deliver notice of the election to the county election officer and voter registrar of each county in which the political subdivision is located not later than the 60th day before election day, Friday, September 8, 2023. (Sec. 4.008).

Note for Counties: Section 4.003 requires that counties post on the county website the notice and list of polling locations of any political subdivision that delivers their notice to the county under Section 4.008. This is regardless of whether the county is contracting with the entity. (Secs. 1.021, 4.004, 85.007) See Note for All Political Subdivisions above.

This notice must include:

  1. The type and date of the election;
  2. The location of the main early voting polling place, including the street address, room number, and building name. The notice must designate which location is the main early voting polling place;
  3. The location of each polling place, including the street address, room number, and building name;
  4. The hours the polls will be open;
  5. The regular dates and hours for early voting by personal appearance;
  6. The dates and hours of any Saturday or Sunday early voting;
  7. The early voting clerk’s official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different, phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website;
  8. We recommend that the information regarding branch early voting locations be included as part of your notice; and
  9. Any other information required by law.

Note regarding branch early voting locations: The branch early voting locations are no longer a required part of your notice under the Texas Election Code. (Sec. 4.004).

The following forms may be used:

All Political Subdivisions: The election notice shall be posted on the political subdivision’s website, if the political subdivision maintains a website. For political subdivisions other than counties, the original order and notice should include all days and hours for early voting by personal appearance, including voting on ANY Saturday or Sunday. (Secs. 85.006, 85.007).

Note for Counties: The election notice must be subsequently amended to include voting ordered for ANY Saturday or Sunday and must be posted on the political subdivision’s website, if maintained.

Notice for Bond Elections: Entities holding bond elections must provide additional notice per Section 4.003(f). A debt obligation order under Section 3.009 must be posted:

  1. On election day and during early voting by personal appearance, in a prominent location at each polling place;
  2. Not later than the 21st day before the election, in three public places in the boundaries of the political subdivision holding the election; and
  3. During the 21 days before the election, on the political subdivision’s Internet website, prominently and together with the notice of the election, a copy of the sample ballot, and the contents of the proposition, if the political subdivision maintains an Internet website.

The same requirements apply to the voter information document required by Government Code Section 1251.052(b) (see law for full contents of notice). The requirement referenced in Section 1251.052(b) of the Government Code applies to a political subdivision with at least 250 registered voters on the date the governing body of the political subdivision adopts the debt obligation election order.

Home-Rule Charter Cities: Home-rule cities MUST also give notice as provided in their charters.

Notice for Political Subdivisions other than Counties, School Districts, and Cities: Political subdivisions other than counties, school districts, and cities may have specific statutory election notice requirements either in their enabling acts or in the code governing them (such as the Water Code). In the absence of specific statutory requirements, such political subdivisions may post a copy of the notice on or before the 21st day before the election (i.e., Tuesday, October 17, 2023.) on the bulletin board used for posting notices of the meetings of the governing body of the political subdivision. (Sec. 4.003(b)).

Notice of Nearest Polling Places in Countywide Election: EACH countywide polling place must post a notice, at that location, of the four nearest locations, by driving distance. (Sec. 43.007(o)). Notice of Four Nearest Countywide Polling Place Locations (PDF)

9. Note on Regular Days and Hours for Voting

Counties: For elections in which the county is serving as the early voting clerk, early voting must be conducted at the main early voting location on each weekday that is not a legal state holiday for a period of at least nine (9) hours. Voting may not be conducted earlier than 6:00 AM or later than 10:00 PM.

Political Subdivisions Other Than Counties: For all other elections in which the county is NOT the early voting clerk, early voting must be conducted at the main early voting location on each weekday that is not a legal state holiday for a period of at least nine (9) hours unless the territory has fewer than 1,000 registered votes. For territories with less than 1,000 registered voters, voting shall be conducted for at least four (4) hours each day. (Sec. 85.005(b)).

Note for Cities: Section 85.005(d) no longer requires cities to choose two weekdays for the main early voting polling place location to be open for at least 12 hours during the regular early voting period. (Sec. 85.005).

10. Note on Extended Early Voting Hours

Extended Early Voting Hours

Note for ALL counties: Voting in a special election ordered by the governor shall be conducted at the main early voting location for at least 12 consecutive hours on each of the last two days of the early voting period. Voting may not be conducted earlier than 6:00 AM or later than 10:00 PM.

NOTE - NEW LAW: HB 1217 (2023, R.S) amended Section 85.005 of the Code, effective September 1, 2023, by removing the population bracket and applying extended early voting hours to all counties regardless of population size.

NOTE - NEW LAW: HB 1217 (2023, R.S.) amended Section 19.004 of the Code, effective September 1, 2023, to provide that if the registrar’s county has a population of less than 55,000, the county may use Chapter 19 funding to defray the cost to the registrar’s county of keeping the polling places in the county open during the early voting period as required under Sections 85.005(c), 85.006(e), and 85.064(d).

In an election where the county election officer is the early voting clerk, the early voting clerk may order early voting on a Saturday or Sunday, and determine the hours for such Saturday or Sunday early voting. This must be done by written order (PDF) (Secs. 85.006(b), 85.006(c)). Notice of Saturday or Sunday early voting (PDF) must be posted for at least 72 hours immediately preceding the first hour that voting will be conducted. (Sec. 85.007(c)). The county election officer must have early voting on Saturday or Sunday at the main early voting polling place, if a written request (PDF) is received from at least 15 registered voters of the county in time to comply with the posting requirement. (Secs. 85.006(d), 85.007). The notice shall be posted on the bulletin board used for posting notice of meetings of the commissioners court. The notice must also be posted on the county’s website, if maintained. (Secs. 85.007(c), 85.007(d)).

NOTE - The election notice must be subsequently amended to include voting later ordered for ANY Saturday or Sunday and must be posted on the political subdivision’s website, if maintained. (Sec. 85.007).

All Political Subdivisions, Except Counties: Voting on ANY Saturday or Sunday must be included in the order and notice of election. The order and notice must include the dates and hours of Saturday or Sunday voting. (Secs. 85.006, 85.007). The political subdivision must have early voting on Saturday or Sunday, if a written request (PDF) is received from at least 15 registered voters of the political subdivision prior to the election being ordered.(Sec. 85.006(d)). The election notice must be posted on the political subdivision’s website, if the political subdivision maintains a website. (Sec. 85.007).

NOTE for Cities: In an election in which a city secretary is the early voting clerk, voting on any Saturday or Sunday must be included in the order and notice of election. City secretaries no longer have the authority to order Saturday or Sunday early voting 72 hours immediately preceding the first hour that voting will be conducted. However, the city must have early voting on Saturday or Sunday, if a written request (PDF) is received from at least 15 registered voters of the political subdivision prior to the election being ordered. (Secs. 85.006, 85.007).

11. Note on Temporary Branch Locations

NOTE - In a countywide election, the total number of permanent branch polling places and temporary branch polling places open for voting at the same time in a commissioners precinct may not exceed twice the number of permanent branch and temporary branch polling places open at that time in another commissioners precinct. (Sec. 85.062(f)).

NOTE - NEW LAW: HB 1217 (2023, R.S) amended Section 85.064 and repealed Section 85.065 of the Code, effective September 1, 2023. As a result, the rules regarding the days and hours of early voting by personal appearance at temporary branch locations are the same for ALL counties, regardless of their population. As amended, Section 85.064 requires early voting by personal appearance at each temporary branch polling places to be conducted on the days that early voting is required to be conducted at the main early voting polling place under Section 85.005 and MUST remain open for at least eight (8) hours each day; or for three (3) hours each day if the city or county clerk/elections administrator does not serve as the early voting clerk for the territory holding the election and the territory has fewer than 1,000 registered voters. For certain political subdivisions, this will require your temporary branch locations to be open on every weekday of the early voting period, for at least eight hours on each of those days.

NOTE - If the early voting clerk is a county election officer or city secretary, the cle rk must post notice (PDF) for each election stating any dates and the hours that voting on Saturday or Sunday will be conducted under Section 85.064(d) or 85.065(b). (Sec. 85.068).

NOTE for political subdivisions other than city or county – If the city or county election officer does not serve as the early voting clerk for the territory holding the election and the territory has fewer than 1,000 registered voters, the temporary branch polling place(s) must be open for at least three hours each day that voting is required to be conducted at the main early voting polling place under Section 85.005 of the Code. (Secs. 85.005, 85.064).

NOTE - There is no petition process to require weekend early voting at temporary branch locations However, the authority authorized under Section 85.006 to order early voting on a Saturday or Sunday may also order, in the manner prescribed by that section, early voting to be conducted on a Saturday or Sunday at any one or more of the temporary branch polling places. Please note that this rule is for constitutional amendment elections only. The requirements might be different for other elections.

Note for All political subdivisions: If a local political subdivision is contracting for election services with a county or is holding a joint election with the county, the local political subdivision must amend their order and notice of election to include any weekend early voting that the county is conducting.

12. Note on Notice of Previous Polling Place

If a different polling place is being used from the previous election held by the same authority, a Notice of Change to Polling Place (PDF) must be posted at the entrance of the previous polling place informing voters of the current polling place location, if possible. (Sec. 43.062).

13. Note on Notice of Change of Polling Place Location

For elections ordered by the governor or county judge only, if the location of the polling place changes after notice has been given under Section 4.003 of the Texas Election Code, and the county election officer maintains a website to inform voters about elections, the notice of the change must be posted on the website. The notice on the website must be posted not later than the earlier of (1) 24 hours after the location was changed; or (2) 72 hours before the polls open on election day. (Sec. 43.061). As a reminder, notice should also be provided to the Secretary of State regarding any changes made to the location of polling places. Notice of Change to Polling Place (PDF).

For the counties that are conducting a legislative vacancy election, the candidates listed on the ballot are entitled to receive notice directly from the county judge.

14. Note on Consolidating and Combining Precincts

NOTE - NEW LAW: SB 924 (2023, R.S.) amended Section 42.0051 of the Code, effective September 1, 2023, to apply only to counties with a population of less than 1.2 million that do not participate in the countywide polling place program. In a general or special election for which use of county election precincts is required, the commissioners court may, on the recommendation of the county election board, combine county election precincts notwithstanding Section 42.005 if: (1) the commissioners court cannot secure a suitable polling place location; and (2) the location of the combined polling place adequately serves the voters of the combined precinct. A combined precinct may not contain more than 10,000 registered voters.

NOTE – Counties that participate in the countywide polling place program under Section 43.007 of the Code can no longer combine precincts. This means that countywide counties can no longer consider the combination of precincts when they are making their determination regarding the required number of countywide polling places under Section 43.007(f) of the Code.

NOTE – Counties that do not participate in the countywide polling place program under Section 43.007 of the Code and that have a population over 1.2 million cannot combine election precincts.

NOTE - Counties that do not participate in the countywide polling place program under Section 43.007 of the Code but who have a population under 1.2 million can only combine if the commissioners court cannot secure a suitable polling place location and the locati on of the combined polling place adequately serves the voters of the combined precinct.

NOTE - In a special election for which use of county election precincts is required, the commissioners court may consolidate, on the recommendation of the county election board, two or more county election precincts into a single precinct if the polling place is located so it will adequately serve the voters of the consolidated precinct. If county election precincts are consolidated for a countywide election, at least one consolidated precinct must be situated wholly within each commissioners precinct. (Sec. 42.008).

15. Note on Testing Tabulating and Electronic Voting Equipment

Ballot Testing:

Once all candidate filing deadlines have passed, we recommend that you proof and test your ballot programming as soon as possible. Early testing will allow adequate time to locate any errors and make any necessary corrections in ballot programming. We also strongly suggest that you have candidates proof their names and offices before finalizing the ballot to avoid the necessity for last minute ballot corrections.

Logic and Accuracy Test:

We recommend establishing a date to perform the test of your electronic voting equipment (L&A, or Logic and Accuracy Test) as soon as possible. We recommend that this test be performed on a date that allows time to correct programming and retest, if necessary. A notice (PDF) of this test must be published by the custodian of the electronic voting equipment at least 48 hours before the date of the test. (Sec. 129.023; Tex. Sec'y of State Election Advisory No. 2019-23). The L&A test must be conducted not later than 48 hours before voting begins on a voting system. (Sec. 129.023).

NOTE- If logic and accuracy testing is being conducted for an election in which a county election board has been established under Section 51.002 of the Texas Election Code, the general custodian of election records shall notify each member of the board of the test at least 48 hours before the date of the test. If the county election board chooses to witness the test, each member shall sign the statement required for logic and accuracy testing. (Sec. 129.023(b-2)).

NOTE- The general custodian of election records is required to demonstrate, using a representative sample of voting system equipment, that the source code of the equipment has not been altered. (Sec. 129.023(c-1)). See Tex. Sec'y of State Election Advisory No. 2019-23 and Tex. Sec’y of State Election Advisory No. 2022-30 for more information on hash validation and voting system procedures.

Testing Tabulating Equipment:

The automatic tabulating equipment used for counting ballots at a central counting station must be tested three times for each election. (Ch. 127, Subch. D). We recommend you test the equipment as soon as possible; early testing will allow adequate time to locate any errors and make any necessary corrections in programming. However, the first test must be conducted at least 48 hours before the automatic tabulating equipment is used to count ballots voted in the election. The second test shall be conducted immediately before the counting of ballots with the equipment begins. The third test must be conducted immediately after the counting of ballots with the equipment is completed. Please note that the custodian of the automatic tabulating equipment must publish notice (PDF) of the date, hour, and place of the first test in a newspaper at least 48 hours before the date of the test. (Sec. 127.096). The electronic files created from the L&A testing are what must be used for testing the tabulating equipment. ( Tex. Sec'y of State Election Advisory No. 2019-23).

Precinct tabulators must also be tested in accordance with the procedures set forth in Chapter 127, Subchapter D of the Texas Election Code to the extent those procedures can be made applicable. (Sec. 127.152; Tex. Sec'y of State Election Advisory No. 2019-23).

Our recommendation is that both L&A testing and testing of the automatic tabulating equipment take place prior to ballots by mail being sent out. However, should there be a reason to delay testing, please be advised that L&A testing must be conducted at least 48 hours before voting begins on a voting system. This means that L&A testing should be completed before early voting and possibly, before election day, if your election day system is different than your early vot ing system. Additionally, the automatic tabulating equipment may not be used to count ballots voted in the election until a test is successful. (See Chapters 127 and 129, Election Code).

For more information on testing tabulating equipment used at the cent ral counting station, please see Chapter 127, Subchapter D of the Election Code and Tex. Sec’y of State Election Advisory No. 2019-23. See Chapter 129, Subchapter B of the Election Code and Tex. Sec’y of State Election Advisory No. 2019-23 for other types of testing such as functionality tests, logic and accuracy tests, tests for central accumulators, etc. Please see Tex. Sec’y of State Election Advisory No. 2019-23 for additional information regarding voting system equipment access, security and preservation, and chain of custody.

16. Note on Accepting Voters with Certain Disabilities and Curbside Voting

An election officer shall accept a person with a mobility problem that substantially impairs a person's ability to ambulate who is offering to vote before accepting others offering to vote at the polling place who arrived before the person. “Mobility problem that substantially impairs a person’s ability to ambulate” has the meaning assigned by Section 681.001, Transportation Code. A person assisting an individual with a mobility problem may also, at the individual's request, be given voting order priority. Notice of the priority (PDF) given to persons with a mobility problem that substantially impairs a person’s ability to ambulate shall be posted:

  1. at each entrance to the polling place where it can be read by persons waiting to vote;
  2. on the website of the Secretary of State; and
  3. on each website relating to elections maintained by a county. (Sec. 63.0015).

NOTE - NEW LAW: SB 477 (2023, R.S.) amended Section 63.0015 of the Code, effective June 18, 2023, to require that an election officer post in an accessible manner on the county clerk’s/elections administrator’s Internet website all procedures and accommodations available for voters with disabilities.

NOTE - NEW LAW: SB 477 (2023, R.S.) amended Section 64.009 of the Code, effective June 18, 2023, to require that at each polling place an area for parking not smaller than the size of one parking space be reserved for use by a voter who is unable to enter the polling place. The area must be clearly marked indicating the space is reserved and display , in large font that is clearly readable from a vehicle, a telephone number that a voter may call or text to request assistance from an election officer at the polling place. As an alternative to displaying a telephone number, a parking space may comply with the requirements of Section 64.009 by providing the voter with a button or intercom that the voter may use to request assistance from an election officer.

NOTE - A qualified individual with a disability may request a reasonable accommodation or modification to any election standard, practice, or procedure mandated by law or rule that the individual is entitled to request under federal or state law. (Sec. 1.022).

NOTE – NEW LAW: SB 477 (2023, R.S.) amended the wording of the voting order priority notice required under Section 63.0015 so that it must read as follows:

“Pursuant to Section 63.0015, Election Code, an election officer shall give voting order priority to individuals with a mobility problem that substantially impairs the person's ability to move around. A person assisting an individual with a mobility problem may also, at the individual's request, be given voting order priority. Disabilities and conditions that may qualify you for voting order priority include paralysis, lung disease, the use of portable oxygen, cardiac deficiency, severe limitation in the ability to walk due to arthritic, neurological, or orthopedic condition, wheelchair confinement, arthritis, foot disorder, the inability to walk 200 feet without stopping to rest, or use of a brace, cane, crutch, or other assistive device.”

The recommended time to include the voting order priority notice on a county website is when the Notice of Election is also posted on the website. (Sec. 85.007(d)). See Note 8 regarding Notice of Elections.

Cities, Schools, and Other Political Subdivisions: It is strongly recommended that the notice regarding accepting voters with certain disabilities also be posted on the subdivision’s website, if one is maintained by the political subdivision.

If a voter is physically unable to enter the polling place without assistance or likelihood of injury to his or her health, an election officer shall deliver a ballot or voting machine to the voter at the entrance or curb of the polling place on the voter’s request. On the voter’s request, a person accompanying the voter to the polling place must be permitted to select the voter’s ballot and to deposit the ballot in the ballot box after the voter has voted. (Sec. 64.009).

NOTE - A person who simultaneously assists seven or more curbside voters by providing the voters transportation to the polling place must complete and sign a form (PDF), provided by an election officer, that contains the person’s name and address and whether the person is providing assistance solely under Section 64.009 or if the person is providing additional assistance to the voter under Chapter 64, Subchapter B. Completed forms shall be delivered to the Secretary of State as soon as practicable. The Secretary of State shall retain a form delivered under Section 64.009 for the period for preserving the precinct election records and shall make the form available to the attorney general for inspection upon request. This provision does not apply if the person assisting is related to each voter within the second degree by affinity (marriage) or the third degree by consanguinity (blood).

17. Note on Law Regarding Faxed or Emailed ABBMs and Faxed FPCAs

If an ABBM is faxed or emailed or if an FPCA is faxed, then the applicant must submit the ORIGINAL application BY MAIL to the early voting clerk so that the early voting clerk receives the original no later than the 4th business day after receiving the emailed or faxed ABBM or faxed FPCA. If the early voting clerk does not receive the original ABBM or FPCA by that deadline, then the emailed or faxed ABBM or faxed FPCA will be considered incomplete, and the early voting clerk may NOT send the applicant a ballot. The early voting clerk should retain a copy of the FPCA for their own records, but should send the FPCA submitted by the voter to the Voter Registrar for registration purposes. (Sec. 84.007).

If a voter faxes or emails the ABBM or faxes the FPCA, the date the early voting clerk receives the fax or email is considered the date of submission. Essentially, the faxed or emailed form serves as a place-holder for the voter. Therefore, a voter whose application was faxed or emailed by the 11th day before election day (the deadline), and whose original application is received on or before the 4th business day after that date, would still be entitled to receive a ballot for the election (if otherwise eligible). The early voting clerk will have to hold the faxed or emailed ABBM or faxed FPCA until the clerk receives the original, and would only send the voter a ballot if the original is received by the 4th business day after the faxed or emailed ABBM or faxed FPCA was received. See Tex. Sec’y of State Election Advisory No. 2018-02.

The requirement to mail the original application does not apply to an emailed FPCA, but does apply to a faxed FPCA.

NOTE - A member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the President of the United States or activated on state orders, or the spouse or dependent of a member, may submit an FPCA. (Sec. 101.001).

NOTE - An FPCA may be submitted by in-person delivery by the voter in accordance with Section 84.008 of the Code or by common or contract carrier. Further, an application is considered submitted in the following calendar year if: 1) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and 2) the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (Sec. 101.052).

NOTE - An applicant for a ballot to be voted by mail may submit the application by delivering it in person to the early voting clerk if the application is submitted not la ter than the deadline provided by Section 84.007(c) of the Code. This means that voters may personally deliver their ABBM or FPCA to the early voting clerk not later than the close of regular business in the early voting clerk’s office or 12 noon, whichever is later, on the 11th day before election day (unless that day is a Saturday, Sunday, or legal state or national holiday, in which case the last day is the first preceding regular business day). (Sec. 84.008).

18. Note on Opportunity to Correct Defect(s) with Application for Ballot by Mail and Carrier Envelope

NOTE - NEW LAW: SB 1599 (2023, R.S.), effective September 1, 2023, added new corrective action provisions related to the ballot by mail process as it pertains to the early voting clerk’s review of an Application for Ballot by Mail and the signature verification committee/early voting ballot board’s review of the carrier envelope containing a voter’s ballot. Please see below for information regarding these respective changes:

Early Voting Clerk Actions for a Defective Application for Ballot by Mail: The change in law made by SB 1599 applies only to an application for ballot by mail submitted on or after September 1, 2023. An application for ballot by mail submitted before September 1, 2023 is governed by the law in effect when the application was submitted.

SB 1599 amended Section 86.008(a) of the Code to provide that the section applies to a ballot to be voted by mail for which the applicant failed to comply with a requirement provided by Section 84.002 (contents of application), 84.0021 (contents of application for participant in the Attorney General Address Confidentiality Program), or 84.003(a) (signing application by witness) in a manner that would lead, if not corrected, to the rejection of the applicant’s application. Not later than the second day after the early voting clerk discovers a defect(s) described by Section 86.008(a) referenced above, the early voting clerk shall: (1) determine if it would be possible for the applicant to correct the defect and return an application form by mail by the 11th day before election day, as applicable; and (2) if the clerk determines it would be possible to correct the defect and return an application form before the deadline, the early voting clerk must either return the defective application to the applicant or deliver an official application form to the applicant. The early voting clerk must include with the returned defective application or an application form delivered to the applicant a written notice containing: (1) a brief explanation of each defect in the noncomplying application; (2) a statement informing the voter that the voter is not entitled to vote an early voting ballot unless the application complies with all legal requirements; and (3) instructions for submitting the corrected application or second application.

If the early voting clerk determines that it would not be possible for the applicant to correct the defect and return an application form by mail by the 11th day before election day, the clerk may notify the applicant by telephone or email and provide the applicant a brief explanation of each defect in the application, a statement informing the voter that the voter is not entitled to vote an early voting ballot unless the application complies with all legal requirements, and instructions for submitting the corrected application or second application. The early voting clerk must also inform the applicant that the applicant may come to the early voting clerk’s office by the 11th day before election day and correct the defect in person. In addition, a voter must be provided notice about the ability to correct certain defects on the application using the Secretary of State’s online Ballot by Mail Tracker and, if possible, permit the applicant to correct such defects using the online tracker. Please note that the Secretary of State’s Ballot by Mail Tracker is available at www.votetexas.gov. (Secs. 86.008(c-1), 86.015).

NOTE - Although Section 86.008 of the Code was amended to allow the early voting clerk to return a defective application to the voter, the Secretary of State recommends against doing so. Ultimately, if the early voting clerk returns a defective application to the voter, it is strongly recommended that the clerk return a copy of the original application to the voter and NOT the original application.

Early Voting Clerk Actions for a Defective Carrier Envelope: Section 86.011(d) of the Code provides a procedure by which a voter can correct certain defects in the carrier envelope containing their voted ballot. If an early voting clerk receives a timely carrier envelope that does not comply with the applicable requirements of the Code, the clerk may deliver the carrier envelope in person or by mail to the voter so that the voter may correct the defect. Additionally, the early voting clerk may notify the voter of the defect by phone and advise the voter that they may come to the early voting clerk’s office to correct the defect or cancel their ABBM and vote in person. The clerk may utilize this provision for defects such as a missing signature by the voter, a partially completed witness or assistant box (if applicable), missing or incorrect personal identification information, or a ballot that is not returned in a carrier envelope. If an early voting clerk chooses to notify voters of defects in their carrier envelope under Section 86.011(d), the clerk must apply these procedures uniformly to all voters in similar circumstances. Additionally, the Secretary of State recommends keeping a log to track the ballots mailed to voters and the ballots in possession of the early voting clerk before ballots are delivered to the signature verification committee or early voting ballot board. If the early voting clerk notifies a voter of a defect in their carrier envelope by mail, the clerk should include a letter explaining the actions that the voter needs to take to correct and return the carrier envelope.

Signature Verification Committee (if appointed) Actions for a Defective Carrier Envelope: SB 1599 amended Section 87.0271 of the Code to provide that not later than the second day after the signature verification committee discovers a defect(s) in a carrier envelope as described by Section 87.0271(a) of the Code and before the committee decides whether to accept or reject a timely delivered ballot under Section 87.027, the committee must send the voter a notice of the defect and a corrective action form developed under Section 87.0271(c-1) by mail or by common or contract carrier. The signature verification committee must include with the notice delivered to the voter: (1) a brief explanation of each defect in the noncomplying ballot; and (2) notice that the voter may either cancel the voter’s application to vote by mail in the manner described by Section 84.032, correct the defect in the voter’s ballot by submitting a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect(s).

If the signature verification committee determines that it would not be possible for the voter to receive the notice of defect within a reasonable time to correct the defect, the committee may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter’s application to vote by mail canceled in the manner described by Section 84.032, submit a corrective action form by mail or by common or contract ca rrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect. In addition to sending the voter a notice of the defect or notifying the voter of the defect

by telephone or e-mail, the signature verification committee must permit the voter to correct a defect using the Secretary of State’s online Ballot by Mail Tracker, if possible. Please note that the Secretary of State’s Ballot by Mail Tracker is available at www.votetexas.gov.

Early Voting Ballot Board Actions for a Defective Carrier Envelope: SB 1599 amended Section 87.0411 of the Code to provide that not later than the second day after the early voting ballot board discovers a defect(s) in a carrier envelope as described by Section 87.0411(a) of the Code and before the board decides whether to accept or reject a timely delivered ballot under Section 87.041, the board must send the voter a notice of the defect and a corrective action form developed under Section 87.0411(c-1) by mail or by common or contract carrier. The early voting ballot board must include with the notice delivered to the voter : (1) a brief explanation of each defect in the noncomplying ballot; and (2) notice that the voter may either cancel the voter’s application to vote by mail in the manner described by Section 84.032, correct the defect in the voter’s ballot by submitting a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect(s).

If the early voting ballot board determines that it would not be possible for the voter to receive the notice of defect within a reasonable time to correct the defect, the board may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter’s application to vote by mail canceled in the manner described by Section 84.032, submit a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect. In addition to sending the voter a notice of the defect or notifying the voter of the defect by telephone or e -mail, the early voting ballot board must permit the voter to correct a defect using the Secretary of State’s online Ballot by Mail Tracker, if possible. Please note that the Secretary of State’s Ballot by Mail Tracker is available at www.votetexas.gov.

Delivery of Ballots Voted by Mail to the Early Voting Ballot Board: SB 1599 amended Section 87.0222 of the Code to provide that not later than the ninth day before election day, the jacket envelopes containing early voting ballots voted by mail MUST be delivered to the early voting ballot board. This requirement applies regardless of the county’s population size. Any jacket envelopes of early voting ballots voted by mail returned after delivery of the ballots to the early voting ballot board may be delivered to the presiding judge of the early voting ballot board between the end of the ninth day before election day and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge. The early voting clerk shall post notice of each delivery of balloting materials that is to be made before the time for opening the polls on election day. The notice must be posted at the main early voting polling place continuously for at least 24 hours immediately preceding the delivery.

Please note that the mail ballots may not be counted until (i) the polls open on election day; or (ii) in an election conducted by an authority of a county with a population of 100,000 or more or entities that are having joint elections with such a county or who are conducting their election with such a county through a contract for election services, the end of the period for early voting in person. (Secs. 87.0222, 87.0241). NOTE: Results may not be released until the polls close on election day.

19. Note on Reconciliation Forms

The presiding judge of the central counting station must prepare a preliminary reconciliation form (PDF) on election night and a final reconciliation form (PDF) after the canvass. The reconciliation form requirement only applies to entities that conducted voting in such a manner that they had a central counting station. The reconciliation forms must be posted on the county website with election returns and results after they are completed and signed. This posting requirementapplies regardless of whether a local entity is contracting with the county for election services. We recommend that local entities post the reconciliation form on their website, if the entity maintains a website. We further recommend that the reconciliation forms remain posted at least until the next election, and that the forms are available for the full 22 -month retention period for election records. An entity may choose to make older reconciliation forms available as part of historical results on its website.

20. Online Training Materials

NOTE - NEW LAW: HB 1632 (2023, R.S.) amended Chapters 32, 87, and 127 of the Code, effective September 1, 2023, to require the Secretary of State to develop materials for a standardized curriculum for online training in election law and procedure, including a published handbook, for election judges and members of an early voting ballot board, signature verification committee, and central counting station. The training must be made available on the Secretary of State’s Internet website, free of charge, and require the passage of an examination at the end of the program.

21. Services Performable Under Contract and Mandatory Office Hours

Section 31.094 of the Code provides that an election services contract may provide for the county election officer to perform or to supervise the performance of any or all of the corresponding duties and functions that the officer performs in connection with a countywide election ordered by a county authority.

The county election officer may assign deputies to perform any of the contracted services. (Sec. 31.095). However, an election services contract may not change a political subdivision’s requirement to maintain office hours under Section 31.122 of the Code. (Sec. 31.096).

22. Early Voting Rosters

The early voting clerk shall maintain for each election a roster listing each person who votes an early voting ballot by personal appearance and a roster listing each person to whom an early voting ballot to be voted by mail is sent. The list must include, at minimum, the name, VUID, and precinct number for each voter. Each roster shall be updated daily. Information on the roster for a person who votes an early voting ballot by personal appearance shall be made available for public inspection not later than 11:00 a.m. on the day after the date the information is entered on the roster. Information on the roster for a person who votes an early voting ballot by mail shall be made available for public inspection not later than 11:00 a.m. on the day following the day the early voting clerk receives a ballot voted by mail. The clerk shall preserve each roster after the election for the period for preserving the precinct election records. (Sec. 87.121).

For all elections in which the county clerk/elections administrator is the early voting clerk (including by contract and/or joint election agreement), the information on the early voting rosters (in-person and by-mail voters) must be posted on the county’s website. Section 87.121 of the Code does not state a specific time by which the early voting rosters must be posted online ; our office recommends that the rosters be posted by 11:00 a.m. each day.

For all elections where the county clerk/elections administrator is not the early voting clerk by contract, by law, or due to a joint election agreement, the information on the early voting roster (in-person and by-mail voters) must be posted on the local political subdivision’s website. If the authority which ordered the election does not maintain a website, then the information on the roster must be posted on the bulletin board used for posting notice of meetings of the governing body of the authority. Again, Section 87.121 of the Code does not state a specific time by which the early voting rosters must be posted online, but we recommend posting the rosters by 11:00 a.m. each day.

If an early voting clerk fails to post their early voting rosters in accordance with Section 87.121, a person registered to vote in the county where the early voting clerk is conducting early voting may file a complaint with the Secretary of State regarding the early voting clerk’s noncompliance. (Sec. 87.121(o)).

Note for local political subdivisions: The early voting clerk for each political subdivision is also responsible for posting or linking to the early voting roster, depending on whether or not the entity is contracting with the county.

  • If the entity is contracting with the county, the early voting roster must be posted on the county’s website and the entity should provide a link to that list on the entity’s website.
  • If the entity is NOT contracting with the county, the early voting roster must be posted on the entity’s website.

23. Inspection of Voted Ballots and Cast Vote Records

NOTE - NEW LAW: HB 5180 (2023, R.S.) amended Section 1.012 of the Code, effective September 1, 2023, to provide that images of voted ballots, if maintained, and cast vote records shall be made available for public inspection beginning on the first day after the final canvass of an election is completed. The bill also provides that original voted ballots shall be made available for public inspection beginning on the 61st day after election day. The bill requires the general custodian of election records to adopt procedures to ensure the redaction of any personally identifiable information of the voter that is contained on the voted ballot, ballot images, or cast vote records before making them available for public inspection.

The bill does not amend Section 66.058 of the Election Code, which requires voted ballots to be preserved securely in a locked room in the locked ballot box for at least 60 days after the date of the election. Section 66.058 also provides thatan unauthorized entry into the ballot box containing voted ballots or the failure to prevent an unauthorized entry into the ballot box constitutes a Class A misdemeanor. The Secretary of State interprets these provisions to prohibit the general custodian of election records from accessing the voted ballots during the initial 60-day period (except in the event of a recount or another authorized entry into the ballot box) and preclude the custodian from beginning to redact original voted ballots under Section 1.012(h) until after that 60-day period has elapsed.

Ballot images and cast vote records are also subject to the general preservation provisions in Section 66.058. However, HB 5180 provides a different deadline for making those specific records publicly available. Since ballot images and cast vote records are available for public inspection beginning on the first day after the final canvass, a county may begin the redaction process under Section 1.012(h) for ballot images and cast vote records as soon as practicable following the final canvass.

Our office recommends that the county elections office work closely with its county attorney and its public information division in ensuring that records have been properly redacted before being made publicly available. Please direct any questions about the procedures for responding to a public information request, including the timeframes for such responses, to the Office of the Attorney General via its Open Government Hotline, (877) OPEN TEX (673-6839).


NOTE REGARDING CERTAIN STATUTES AND GOVERNMENTAL ACTIONS THAT RELATE TO THE FEDERAL CENSUS: Pursuant to HB 2025 (2021), the population figures from the 2010 federal census NO LONGER apply with respect to a statute that applies to a political subdivision having a certain population according to the most recent federal census. Beginning September 1, 2023, statutes that contain a population threshold apply to a political subdivision according to the 2020 federal census.

Calendar of Events

June

Thursday, June 22, 2023 (30th day before Saturday, July 22, 2023, first day to file an application for a place on the ballot)

Cities, Schools, and Other Political Subdivisions: Post Notice of Deadline to File Applications for Place on the Ballot (PDF) in a building in which the authority maintains an office. The notice must be posted not later than the 30th day before the first day to file. (Sec. 141.040; Sec. 49.113, Water Code). This notice must be posted in addition to the posting the requirements and deadline for filing for candidacy under Section 2051.201, Government Code. ( See Note 3, above.)

Water Districts: The notice must be posted at the district’s administrative office or at the public place established by the district under Section 49.063 of the Water Code. (Sec. 49.113, Water Code).

NOTE - The delivery, submission, or filing of an application with an employee of the filing authority at the authority’s usual place for conducting official business constitutes filing with the authority. (Sec. 1.007).

NOTE - The authority with whom an application for a place on the ballot is filed is required to designate an e-mail address in the notice required by Section 141.040 of the Code for the purpose of filing an application for a place on the ballot.

NOTE - Candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony, or if so convicted, has been pardoned or otherwise released from the resulting disabilities. A person who has been convicted of a felony will need to include with the application proof that the person has been pardoned or otherwise released from the resulting disabilities. The application form must include a statement informing candidates of the requirement to submit this information. Further, the official application form will need to include a statement informing candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B misdemeanor. (Secs. 141.031, 141.039).

School Districts: In addition to the general felony rule at Election Code Sec. 141.001 (finally convicted), a candidate for school board must not have been convicted (finally convicted or otherwise) of specific crimes under the Education Code in time to serve. (Sec. 11.066, Education Code ).

Friday, June 30, 2023 (last day of June)

Counties with a Population of Over 500,000: Deadline for party chairs to submit to county commissioners court a list of eligible persons for precinct presiding judge and alternate presiding judges for appointments in each county election precinct, presiding judge and alternate judge for the early voting ballot board, and as a central counting station presiding judge and alternate judge and who are affiliated or aligned with the county chair’s political party. (Secs. 32.002 & 127.005(e)). This is meant for counties that did not make two-year appointments in 2022, and will be making appointments in the July 2023 term. Lists submitted by mail must be postmarked by June 30, 2023, in order for them to be considered timely-filed. See Tex. Sec’y of State Election Advisory No. 2023-06 for more information on appointment procedures.

July

July Term

Counties with a Population of Over 500,000: This is meant for counties that did not make two- year appointments in 2022, and will be making appointments in the July 2023 term. The commissioners court must appoint the election judges for each regular county election precinct, the presiding and alternate judge for the central counting station, and the presiding and alternate judge for the early voting ballot board at its July term in a county with a population of over 500,000. In counties with a population of over 500,000, the terms of the judges start on August 1, 2023. See entry for Friday, June 30, 2023. See Tex. Sec’y of State Election Advisory No. 2023-06 for more information on appointment procedures.

Saturday, July 22, 2023 (30th day before Monday, August 21, 2023, regular filing deadline for a place on the ballot)

Political Subdivisions Other Than Counties: First day to file an application for a place on the ballot or a declaration of write-in candidacy. (Secs. 143.007, 144.005, 146.054, Election Code; Secs. 11.055, 11.056, 130.082(g), 130.0825, Educ. Code). See Candidacy Filing outline for more details. The following applications may be provided to candidates and are available on the Secretary of State’s website:

NOTE - We are often asked how filing can begin if you have not yet ordered the general election. You do not need to order your general (regularly occurring) election in order for the filing period to begin.

NOTE - Cities, Schools, and Other Political Subdivisions: At least part of the candidate filing period will occur during the summer break for school districts. Additionally, there are political subdivisions that do not have office hours on all days of the business week (Monday through Friday) or do not have an office that is open for eight hours each day of the business week. The Elections Division recommends that political subdivisions take steps to have someone available for a few hours most days during the candidate filing period to accept filings, and that political subdivisions post a schedule on their websites and on the bulletin boards where notices of meetings are posted of the days and times when someone will be available to accept filings. The Elections Division also strongly recommends having someone available at the place of business on the filing deadline, especially from 2:00 p.m. to 5:00 p.m., if you are otherwise closed. This guideline is based on the office-hour rule under Section 31.122 of the Election Code. Although a political subdivision may accept applications by mail, fax, or email without a person there at the office, the political subdivision will not be able to determine which applications were timely filed by 5:00 p.m.

NOTE - Candidate applications, other than those that must be accompanied by a filing fee, may be filed via email. The application must be a scanned copy of the candidate application and must be sent to the filing authority’s designated email address for accepting appli cations. (Secs. 143.004, 144.003).

Monday, July 31, 2023 (last day of July)

Recommended date that county election officials and local political subdivisions meet to discuss conducting elections at the same polling locations pursuant to Sections 42.002 & 42.0621, as well as any applicable joint election issues needed to be agreed upon. NOTE: This is not a deadline; just a recommendation. See Note 14 on Consolidating and Combining Precincts.

Counties with a Population of 500,000 or Less: Deadline for party chairs to submit to county commissioners court a list of eligible persons for appointments as presiding election and alternate presiding judges in each county election precinct, as a central counting statio n presiding judge and alternate judge, and as an early voting ballot board presiding judge or alternate judge, and who are affiliated or aligned with the county chair’s political party. (Secs. 32.002 & 127.005(e)). This is meant for counties that did not make two-year appointments in 2022, and will be making appointments in the August 2023 term. Lists submitted by mail must be postmarked by July 31, 2023, in order for them to be considered timely-filed. See Tex. Sec’y of State Election Advisory No. 2023-06 for more information on appointment procedures.

August

August Term

Counties with a Population of 500,000 or Less: This is meant for counties that did not make two-year appointments in 2022, and will be making appointments in the August 2023 term. The commissioners court must appoint the election judges for each regular county election precinct, the presiding and alternate judge for the central counting station, and the presiding and alternate judge for the early voting ballot board at its August term in a county with a population of 500,000 or less. In counties with a population of 500,000 or less, the terms of the judges start on September 1, 2023. See entry for July 31, 2023. See Advisory 2023-06 for more information on appointment procedures.

Recommended time for the county commissioners court to decide whether to consolidate county election precincts for the November 7, 2023 state constitutional amendment election. The county may consolidate two or more precincts into a single precinct if it will be so located as to adequately serve the voters. At least one consolidated precinct must be wholly within each commissioners precinct. If a county consolidates county election precincts, they must provide a Notice of Consolidated Precinct (PDF) at each polling place used in the preceding general election to inform voters of the precinct’s consolidation and the location of the consolidated precinct polling place. This notice must be posted not later than the 10th day beforeelection day and must remain posted continuously through election day. (Secs. 42.008, 4.003(b)). The county shall deliver to the Secretary of State notice of the consolidated precinct no later than the date of the election. (Sec. 4.003(e)). See Note 14 on Consolidating and Combining Precincts.

Wednesday, August 9, 2023 (90th day before election day)

Last day for eligible political subdivisions to submit Notice of Exemption Under Section 61.013 (PDF) or an Application of Undue Burden Status (PDF) to the Secretary of State for exemption from the accessible voting system requirement. (Sec. 61.013). For additional information, consult the most current advisory on this topic, Tex. Sec'y of State Election Advisory No. 2023-05.

Friday, August 18, 2023 (81st day before election day; 3rd day before filing deadline)

Political Subdivisions Other Than Counties: If a candidate dies on or before this date, his or her name is not placed on the ballot as long as the filing deadline is Monday, August 21, 2023. (Sec. 145.094(a)(1)).

NOTE - Section 145.098 provides that if a candidate dies on or before the deadline for filing an application for a place on the ballot, the authority responsible for preparing the ballots MAY choose to omit the candidate from the ballot. If the authority does choose to omit the candidate, the deadline for filing an application for a place on the ballot is extended to the fifth day after the filing deadline, Monday, August 28, 2023. This extended deadline only applies to the regular filing deadline. It DOES NOT apply to the write-in deadline.

NOTE - Because the extended deadline for filing an application for a place on the ballot falls on a weekend (Saturday, August 26, 2023), it is extended to the next regular business day, Monday, August 28, 2023. (Sec. 1.006).

Monday, August 21, 2023 (78th day before election day)

Political Subdivisions Other Than Counties: 5:00 p.m. - Last day for a candidate in a political subdivision (other than a county) to file an application for a place on the ballot for general election for officers for most political subdivisions, except as otherwise provided by the Texas Election Code. (Secs. 143.007(c), 144.005(d), Election Code; Sec. 11.055, Education Code; Chapter 286, Health & Safety Code). See Candidacy Filing outline, Terms, Qualifications, and Vacancies, and Voter Registration Requirements for Candidates for more information.

NOTE - A home-rule city’s charter may not provide an alternate candidate filing deadline. (Secs. 143.005(a), 143.007).

NOTE - City Offices with Four-Year Terms: If no candidate has filed for a city office with a four- year term, the filing deadline is 5:00 p.m. of the 57th day before election day, Monday, September 11, 2023. (Sec. 143.008).

NOTE - An application by mail is considered to be filed at the time of its receipt by the appropriate filing authority. (Secs. 143.007(b), 144.005(b)).
Political Subdivisions Other Than Counties (General Election): Deadline for political subdivisions to order a general election to be held on Tuesday, November 7, 2023, unless otherwise provided by the Election Code. (Sec. 3.005). One of the following forms may be used:

Political Subdivisions Other Than Counties (Special Election): Deadline to order a special election on a measure to be held on Tuesday, November 7, 2023. The following f orm may be used:

Counties: Deadline for counties to order a special election on a measure to be held on Tuesday, November 7, 2023, other than the constitutional amendment election, which is ordered by the governor. (Secs. 3.004, 3.005). The following form may be used:

Notice for State Constitutional Amendment Election: The constitutional amendment election is ordered by the governor. However, the commissioners court should also complete a local order (PDF) to ensure that all required actions related to the election have been completed.

The order of election must include:

  1. The date of the election;
  2. The location of the main early voting polling place including the street address, room number, and building name. The order must designate which location is the main early voting polling place;
  3. The offices or measures to be voted on;
  4. (Recommended) Branch early voting polling places (see Notice of Elections above);
  5. The dates and hours for early voting (recommended for counties and cities, but required for all other entities).
  6. The dates and hours of any Saturday and Sunday early voting (if applicable, it is recommended that this information be included in the order for counties , but it must be included for all other entities); and
  7. The early voting clerk’s official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different, phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website.

In addition to the information included above, an order for a debt obligation (bond) election must include (Sec. 3.009):

  1. the proposition language that will appear on the ballot;
  2. the purpose for which the debt obligations are to be authorized;
  3. the principal amount of the debt obligations to be authorized;
  4. that taxes sufficient to pay the principal of and interest on the debt obligations may be imposed;
  5. a statement of the estimated tax rate if the debt obligations are authorized or of the maximum interest rate of the debt obligations or any series of the debt obligations, based on the market conditions at the time of the election order;
  6. the maximum maturity date of the debt obligations to be authorized or that the debt obligations may be issued to mature over a specified number of years not to exceed the maximum number of years authorized by law;
  7. the aggregate amount of the outstanding principal of the political subdivision's debt obligations as of the date the election is ordered;
  8. the aggregate amount of the outstanding interest on debt obligations of the political subdivision as of the date the election is ordered, which may be based on the political subdivision’s expectations relative to variable rate debt obligations; and
  9. the ad valorem debt service tax rate for the political subdivision at the time the election is ordered, expressed as an amount per $100 valuation of taxable property.

Friday, August 25, 2023 (74th day before election day)

Political Subdivisions Other Than Counties: 5:00 p.m. - Deadline for write-in candidates to file Declarations of Write-In Candidacy (PDF) for regular officers for city, school district, library district, junior college district, hospital district, common school districts, Chapter 36 and 49 Water Code districts, and other political subdivision elections, unless otherwise provided by law. (Secs. 144.006(b)(2), 146.054(b)(2), 146.055, 146.083, Election Code; Secs. 11.056, 11.304, 130.0825, Education Code; Secs. 326.0431, 326.0432, Local Government Code; Sec. 285.131, Health and Safety Code; Secs. 36.059, 49.101, 63.0945, Water Code). See Candidacy Filing outline for more details.

NOTE - An application by mail is considered to be filed at the time of its receipt by the appropriate filing authority. (Secs. 143.007(b), 144.005(b)).

First day to post Notice of Drawing for Place on Ballot (PDF) if drawing is to be conducted on Tuesday, August 29, 2023. This notice must be posted for 72 hours immediately preceding the time of the drawing. (Sec. 52.094(c))

The authority conducting the ballot position drawing shall provide notice of the date, hour, and place of the drawing to candidates by this date if the drawing is to be conducted on Tuesday, August 29, 2023, as recommended. (Sec. 52.094(d)). If a candidate in a special election files on this date, they should be given a copy of the notice at the time they file.

The authority conducting the drawing shall provide notice of the date, hour, and place of the drawing to each candidate. The authority may provide written notice at the time the candidate files an application with the appropriate authority.

If notice was not provided at the time the candidate filed an application, the notice may be provided by:

  1. written notice that is mailed to the address stated on the candidate’s application not later than the fourth day before the date of the drawing; or
  2. telephone, if a telephone number is provided on the candidate’s application or
  3. by e-mail, if an e-mail address was provided on the candidate’s application. (Sec. 52.094).

Monday, August 28, 2023 (71st day before election day)

Political Subdivisions Other Than Counties: 5:00 p.m. - Last day for a candidate to withdraw, by submission of a Certificate of Withdrawal (PDF) or a notarized letter. If a candidate withdraws or is declared ineligible by this date, his or her name is omitted from the ballot. (Secs. 145.092(f), 145.094(a)(4), 145.096(a)(4)). For special circumstances regarding withdrawal of a candidate before ballots are prepared, please contact the Elections Division of the Office of the Texas Secretary of State.

Political Subdivisions Other Than Counties: 5:00 p.m. — Last day to withdraw as a write- in candidate in the general election ordered by a political subdivision other than a county. (Secs. 144.006(c), 146.0301, 146.054(c)) (Candidates may use the Certificate of Withdrawal (PDF)).

NOTE - Section 145.098 provides that if a candidate dies on or before the deadline for filing an application for a place on the ballot, the authority responsible for preparing the ballots MAY choose to omit the candidate from the ballot. If the authority does choose to omit the candidate, the deadline for filing an application for a place on the ballot is extended to the fifth day after the filing deadline, Monday, August 28, 2023. This extended deadline only applies to the regular filing deadline. It DOES NOT apply to the write-in deadline.

NOTE - Because the extended deadline for filing an application for a place on the ballot falls on a weekend (Saturday, August 26, 2023), it is extended to the next regular business day, Monday, August 28, 2023. (Sec. 1.006).

Recommended first day that an election may be cancelled if all filing deadlines have passed, each candidate for an office listed on the ballot is unopposed, and write-in votes may be counted only for names appearing on a list of write-in candidates. (Sec. 2.052). The Certification of Unopposed Candidates for Other Political Subdivisions (PDF) may be used to certify candidates as unopposed. Also, see our Sample Order of Cancellation (PDF).

A special election of a political subdivision is considered to be a separate election with a separate ballot from a general election for officers of the same political subdivision held at the same time as the special election. Therefore, the fact that there may be a proposition on the ballot will not prevent a cancellation of an election for candidates who are unopposed. (Sec. 2.051(a)) If any members of the political subdivision’s governing body are elected from territorial units, such as single member districts, an election shall be cancelled in a particular territorial unit if each candidate for an office that is to appear on the ballot in that territorial unit is unopposed and no opposed at-large race is to appear on the ballot. An unopposed at-large race shall be cancelled in an election regardless of whether an opposed race is to appe ar on the ballot in a particular territorial unit. (Sec. 2.051(b)).

NOTE – Under Section 2.053 of the Texas Election Code, this cancellation process is mandatory rather than discretionary. For additional information, consult the outline on Cancellation of Election for Local Political Subdivisions (Not County)

This recommended cancellation deadline presumes a filing deadline of Monday, August 21, 2023, and a write-in deadline of Friday, August 25, 2023. Special elections may have different deadlines, and may now be cancelled separately. For more information on cancellation of elections, please see the Secretary of State’s Advisory - Cancellation of Election for Local Political Subdivisions (Not County).

NOTE - Political Subdivision Holding a Special Election to Fill a Vacancy: If you are having a special election to fill a vacancy for an unexpired (partial) term, you cannot cancel the special election until after all deadlines to file for a special vacancy election have passed. (Reminder: The cancellation procedures allow general and special elections to be considered separate elections for cancellation purposes. If the elections are separated, note there are procedures related to listing unopposed candidates in the same relative order on the ballot.) See Sec. 2.053, Election Code and the Secretary of State’s Advisory - Cancellation of Election for Local Political Subdivisions (Not County).

Political Subdivisions Other Than Counties: Recommended date to appoint presiding and alternate judges. Currently, the Election Code does not establish a deadline for appointing election officials; there is only a notification deadline. For further information concerning procedures for appointing judges and their alternates, see Sections 32.005, 32.008, and 32.011. General eligibility requirements are found in Subchapter C, Chapter 32. In addition to appointing a judge and alternate judge for each election precinct pursuant to Sections 32.001 and 32.005, the governing body must allow the judge to appoint no less than two clerks; however, the alternate judge must serve as one of the clerks as a matter of law. (Secs. 32.032, 32.033). The presiding judge then appoints an additional clerk(s), but not more than the maximum set by the governing body. (Sec. 32.033). Presiding judges and their alternates must be given a Notice of Appointment (PDF) not later than the 20th day after the appointment is made . (Sec. 32.009). If the appointment is for a single election, the notice may be combined with the Writ of Election (PDF), which is required to be delivered to each presiding judge not later than the 15th day before the election, Monday, October 23, 2023. (Secs. 4.007, 32.009(e)). If the notices are combined, both must be delivered by the date required by the earlier notice. See Note 20 regarding Online Training Materials.

NOTE - Water Districts: A water district is not required to provide a Notice of Appointment to a presiding judge, as required under Section 32.009, but must provide a Writ of Election (PDF). (Sec. 4.007; Sec. 49.110, Water Code).

Recommended date to appoint the central counting station personnel, if applicable. (Secs. 127.002, 127.003, 127.004, 127.005). There is no statutory notice requirement for members of the central counting station, but good practice suggests that written notice be given to them.

Recommended date to appoint the presiding judge and alternate judge of the early voting ballot board or to designate the election workers of one election precinct to serve as the early voting ballot board. (Secs. 87.001, 87.002, 87.004). There is no statutory notice requirement for members of the early voting ballot board, but good practice suggests that written notice be given to them.

Recommended date to order the lists of registered voters from the county voter registrar. The list should include both the voters’ residences and mailing addresses in order to conduct early voting by mail. (Sec. 18.006).

Recommended date to order election supplies, other than ballots. (Sec. 51.003).

Political Subdivisions Other Than Counties: Recommended date to confirm telephone number for the county voter registrar’s office on election day.

Tuesday, August 29, 2023 (70th day before election day)

Political Subdivisions Other Than Counties: Last day to order a special election to fill a vacancy (if authorized to fill vacancies by special election) and have the filing deadline be the 62nd day before election day. (Secs. 201.054(a)(1)), 201.052). Please note that the Election Code requires the election to be ordered as soon as practicable after the vacancy occurs. (Sec. 201.051). The following forms may be used:

NOTE - Section 201.054 provides that if a special election to fill a vacancy is ordered (1) on or before the 70th day before election day, the candidate application must be filed by 5:00 p.m. on the 62nd day before election day, OR (2) after the 70th day but on or before the 46th day before election day, the candidate application must be filed by 5:00 p.m. on the 40th day before election day. This is the first of the two possible ordering times.

NOTE - A candidate must provide an indication on their candidate application that the candidate has either not been finally convicted of a felony, or if so convicted, has been pardoned or otherwise released from the resulting disabilities. A person who has been convicted of a felony will need to include with the application proof that the person has been pardoned or otherwise released from the resulting disabilities. The application form must include a statement informing candidates of the requirement to submit this information. Further, the official application form will need to include a statement informing candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B misdemeanor. (Secs. 141.031, 141.039).

NOTE - School Districts: In addition to the general felony rule at Election Code Sec. 141.001 (finally convicted), a candidate must not have been convicted (finally convicted or otherwise) of specific crimes under the Education Code in time to serve. (Sec. 11.066, Education Code).

Recommended date to conduct ballot position drawing. (Sec. 52.094) You should also certify today to the county election officer the offices, propositions (in all necessary languages), and candidates’ names (including the order) as they are to appear on the ballot, if you are contracting to have the county conduct your election or if you are conducting a joint election with the county. See entry for August 25, 2023.

NOTE - After the ballot drawing has occurred, the Elections Division recommends that you proof and test your ballot programming as soon as possible and prior to the deadline to mail a ballot if the political subdivision will be using automatic tabulating equipment to count the mail ballots or if your mail ballots are printed from the same database used to program your precinct scanners and/or DREs (See Note on Testing Tabulating Equipment). The Elections Division also recommends that you provide candidates with copies of ballot proofs so that candidates may verify the correctness of their names, positions sought, and order of names on the ballot.

Thursday, August 31, 2023 (68th day before election day)

Deadline for the Secretary of State to certify the state constitutional amendment election. (Sec. 274.003). The certification will include the ballot order of the constitutional amendments.

September

Monday, September 4, 2023 (64th day before election day) (Labor Day)

Wednesday, September 6, 2023 (62nd day before election day)

Political Subdivisions Other Than Counties: 5:00 p.m. - Last day to file application for a place on the ballot in a special election to fill a vacancy, if the special election is orde red on or before the 70th day before election day, Tuesday, August 29, 2023. (Sec. 201.054(a)(1)) . For more details about Section 201.054 and the two possible special election deadlines, see entry for Tuesday, August 29, 2023.

Political Subdivisions Other Than Counties: 5:00 p.m. - Deadline for write-in candidates to file Declarations of Write-In Candidacy (PDF) for officers for city, school district, library district, junior college district, hospital district, and common school districts in a special election to fill a vacancy if the special election is ordered on or before the 70th day before election day, Tuesday, August 29, 2023. (Sec. 201.054(a)(1), 201.054(g)).

NOTE - A declaration of write-in candidacy for a special election must be filed not later than the filing deadline. The filing deadline to file an application for a place on the ballot in a special election to fill a vacancy, if the special election is ordered on or before the 70th day before election day, Tuesday, August 29, 2023, is Wednesday, September 6, 2023. (Sec. 201.054(g)).

NOTE - Sections 141.031 and 141.039 of the Code provide the application requirements related to a candidate’s final felony conviction status and what must be included on the candidate application form. Specifically, candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony, or if so convicted, has been pardoned or otherwise released from the resulting disabilities. A person who has been convicted of a felony will need to include with the application proof that the person has been pardoned or otherwise released from the resulting disabilities. The application form must include a statement informing candidates of the requirement to submit this information. Further, the official application form will need to include a statement informing candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B misdemeanor. (Secs. 141.031, 141.039).

NOTE - When reviewing candidate applications, please make sure that the candidate has used the most current version of the form.

NOTE - School Districts: In addition to the general felony rule at Election Code Sec. 141.001 (finally convicted), a candidate must not have been convicted (finally convicted or otherwise) of specific crimes under the Education Code in time to serve.(Sec. 11.066, Education Code).

NOTE – Section 52.094 of the Code requires the authority conducting the drawing to provide notice of the date, hour, and place of the drawing to each candidate by: 1) written notice that is mailed to the address stated on the candidate’s application not later than the fourth day before the date of the drawing; or 2) provided at the time the candidate files an application with the appropriate authority. If provided at the time the candidate files an application, the notice may be provided by telephone, if a telephone number is provided on the candidate’s application or by e- mail, if an e-mail address was provided on the candidate’s application. (Sec. 52.094). (Notice of Drawing for Place on Ballot).

Friday, September 8, 2023 (60th day before election day)

First day of period during which the Secretary of State must publish first statewide notice of state constitutional amendment election. The Secretary of State will publish this notice a second time on the same day of the next week after the first notice was published. (Art. XVII, Sec. 1, Texas Constitution).

Political Subdivisions Other Than Counties: Last day for the governing body of a political subdivision to deliver notice of the election to the county clerk/elections administrator and voter registrar of each county in which the political subdivision is wholly or partly located. (Sec. 4.008).

NOTE - Section 4.003 requires that counties post on the county website the notice and list of polling locations of any political subdivision that delivers their notice to the county under 4.008. This is regardless of whether the county is contracting with the entity. See Note 8 for more information on the requirements related to Notice of Election.

NOTE - Section 4.004 requires the notice of election to include the Internet website of the authority conducting the election.

NOTE - Section 83.010 requires an election order and the election notice to state the early voting clerk’s official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different, phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website. (Sec. 83.010).

Recommended date for county clerk/county elections administrator to deliver an initial list of voters who have submitted annual applications for ballot by mail under Section 86.0015 and scans or photocopies of those applications to the early voting clerk of any political subdivision loca ted within the county that is holding an election on November 7, 2023. The list should only include voters that reside in the political subdivision holding the election. The list should only be created and sent to those political subdivisions that have pro vided notice of the election to the county clerk/elections administrator. See also, the note below and the entry at Friday, October 27, 2023 for more information about delivery of a final list of voters. See entry for Thursday, October 26, 2023, and entry for Saturday, November 4, 2023 for more information on the delivery of copies/images of the applications.

NOTE - Section 86.0015 requires the county clerk/elections administrator to provide a list of voters that have submitted an annual application for ballot by mail to all political subdivisions in their county holding an election. The law only applies to elections for which the county clerk/elections administrator is not the early voting clerk via a contract for election services or joint election agreement. The Election Division strongly recommends that the county and political subdivisions discuss the frequency and  method  for which  these lists should be transmitted to ensure that ballots are sent out timely. Finally, the county clerk/elections administrator must deliver either photocopiesor scanned images of the applications (under Section 87.126) to the early voting clerk of the political subdivision before the ballots by mail are delivered to the early voting ballot board for qualifying and counting under Section 87.041.

Monday, September 11, 2023 (57th day before election day)

Political Subdivisions Other Than Counties: 5:00 p.m. – Last day for a candidate to file Certificate of Withdrawal (PDF) in a special election, in which the filing deadline is the 62nd day before election day. If a candidate withdraws or is declared ineligible by this date, his or her name is omitted from the ballot. (Secs. 145.092(b), (e) and 145.094(a)(3)).

For special circumstances regarding withdrawal of a candidate before ballots are prepared, please contact the Elections Division of the Office of the Texas Secretary of State.

City Offices with Four-Year Terms: 5:00 p.m. - Extended filing deadline in cities with four-year terms of office, when no candidate files for a particular office by the regular filing deadline of Monday, August 21, 2023. (Sec. 143.008). See note entry for Monday, August 21, 2023.

Monday, September 18, 2023 (50th day before election day; 21st day after August 28, 2023)

Deadline to challenge the filing of an application for a place on the ballot as to form, content, and procedure. (Sec. 141.034).
NOTE - Section 141.034 of the Code provides that a candidate application cannot be challenged for “Form, Content, and Procedure” defects after the 50th day before the date of the election for which the application is made. (Sec. 141.034).

Political Subdivisions Other Than Counties: Last day to notify election judges of their appointment if they were appointed, as recommended, on Monday, August 28, 2023. (Sec. 32.009(b)). Presiding and alternate judges must be notified (PDF) of their appointment in writing, not later than the 20th day after the date the appointment is made. The notice of the judge’s duty to conduct the election (writ of election (PDF) pursuant to Section 4.007 may be combined with the above notice, if the appointment is for a single election only. If the notices are NOT combined, then the notice of the judge’s duty to conduct the election (writ of election) must be delivered not later than the 15th day before election day, Monday, October 23, 2023.

Last day of period during which the Secretary of State must publish first statewide notice of state constitutional amendment election. The Secretary of State will publish this notice a second time on the same day of the next week after the first notice was published. (Art. XVII, Sec. 1, Texas Constitution).

Last day to publish notice for testing of automatic tabulation equipment testing and logic and accuracy testing (L&A testing) of a voting system that uses direct recording electronic (DRE) voting machines and precinct scanners if test will be completed by recommended deadline of Wednesday, September 20, 2023. Notice of the public tests must be published at least 48 hours before the test begins. (Secs. 127.093, 127.096, 129.001, 129.022, 129.023). See Note 15 above.

Monday, September 18, 2023 - Sunday, December 17, 2023 (50th day before election day - 40th day after election day)

Mandatory Office Hours: Each county clerk, city secretary or secretary of a governing body (or the person performing duties of a secretary) must keep the office open for electio n duties for at least 3 hours each day, during regular office hours, on regular business days. (Sec. 31.122).

NOTE - Counties: This office hour rule applies to the entity’s general election or special election ordered by that authority; we recommend that the county maintain these office hours, because the county conducts the constitutional amendment election. The hours are clearly required if the county authority orders an additional county election.

NOTE - Independent School Districts: A “regular business day” means a day on which the school district’s main business office is regularly open for business. (Sec. 31.122(b)).

NOTE - Special Elections: In the case of a special election, the office hour rule is triggered starting the third day after the special election is ordered. (Sec. 31.122).

NOTE - 31.096 of the Code addresses nontransferable functions under an election services contract. Specifically, an election services contract may not change the political subdivision’s requirement to maintain office hours under Section 31.122. Section 31.096 of the Code also allows a county that has contracted with a city to be the custodian of voted ballots for a city election. (Sec. 31.096). See Note 21.

Wednesday, September 20, 2023 (48th day before election day)

Recommended date to conduct the first test of the automatic tabulating equipment and for logic and accuracy (L&A test) test on precinct scanners and DREs. (Secs. 127.093, 127.096, 129.022, 129.023). The SOS recommends you complete your first round of testing prior to mailing your mail ballots if those ballots will be counted using automatic tabulation equipment. If you conduct your first round of testing by this date, you must publish notice of the test 48 hours prior to testing. See Note 15 above and Tex. Sec'y of State Election Advisory No. 2019-23.

Friday, September 22, 2023 (46th day before election day)

Political Subdivisions Other Than Counties: Last day to order a special election to fill a vacancy (if authorized to fill vacancies by special election). If the election was ordered after the 70th day before election day, the filing deadline will be the 40th day before election day. (Secs. 201.052, 201.054(a)(2)). The Election Code requires the election to be ordered as soon as practicable after the vacancy occurs. (Sec. 201.051). The following forms may be used:

NOTE- Sections 141.031 and 141.039 of the Code provide the application requirements related to a candidate’s final felony conviction status and what must be included on the candidate application form. Specifically, candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony, or if so convicted, has been pardoned or otherwise released from the resulting disabilities. A person who has been convicted of a felony will need to include with the application proof that the person has been pardoned or otherwise released from the resulting disabilities. The application form must include a statement informing candidates of the requirement to submit this information. Further, th e official application form will need to include a statement informing candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B misdemeanor. (Secs. 141.031, 141.039).

NOTE - When reviewing candidate applications, please make sure that the candidate has used the most current version of the form.

NOTE - School Districts: In addition to the general felony rule at Election Code Sec. 141.001 (finally convicted), a candidate must not have been convicted (finally convicted or otherwise) of specific crimes under the Education Code in time to serve. (Sec. 11.066, Education Code).

Saturday, September 23, 2023 (45th day before election day)

Deadline to mail ballots to military or overseas voters who already submitted their ballot requests via a federal postcard application (FPCA) or via a standard application for ballot by mail (ABBM) and indicated that they are outside the United States. If the early voting clerk cannot meet this 45th-day deadline, the clerk must notify the Secretary of State within 24 hours. (Sec. 86.004(b)).

NOTE - The 45th Day deadline under Section 86.004(b) is not extended by Section 1 .006 to the next business day. The ballots covered by Section 86.004(b) should be sent out on or before Saturday, September 23, 2023.

NOTE - An FPCA may be submitted by in-person delivery by the voter in accordance with Section 84.008 of the Code or by common or contract carrier. Further, an application is considered submitted in the following calendar year if: 1) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and 2) the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (Sec. 101.052).

NOTE - A member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the President of the United States or activated on state orders, or the spouse or dependent of a member, may submit an FPCA. (Sec. 101.001).

Reminder Regarding FPCAs and Overseas ABBMs: If the early voting clerk receives an FPCA (from a military or non-military voter) or an ABBM from an overseas voter after the 45th day deadline, then the ballot must be mailed within seven days after the early voting clerk receives the FPCA or ABBM. (Secs. 86.004(b), 101.104).

Reminder: In regards to mail ballots for other voters (not military voters using an FPCA or overseas voters using an FPCA or ABBM), the early voting clerk must mail a ballot not later than the 7th day after the later of: (1) the date the early voting clerk has accepted a voter’s application for a ballot by mail or (2) the date the ballots become available for mailing. However, if the 7th day falls earlier than the 37th day before election day, the voter’s mail ballot must be mailed no later than the 30th day before election day. (Sec. 86.004(a)). This means that for every application that comes in before the 37th day before election day, the balloting materials must be mailed by the 30th day before election day. Any application that comes in after the 37th day before election day will follow the 7-day timeline in Sec. 86.004.

NOTE - Information on the early voting roster for both early voting in person and early voting by mail must be made available for public inspection and on the county’s website if the county clerk or elections administrator is serving as the early voting clerk. For an election held by a political subdivision in which the county clerk or elections administrator is not serving as the political subdivision’s early voting clerk, then the information on the roster must be made available on the Internet website of the authority ordering the election. The early voting roster shall be posted by 11:00 a.m. on the day after the information is entered on the roster (for early voting in person) or by 11:00 a.m. on the day after the early voting clerk receives a ballot voted by mail. If the entity does not maintain a website, the information must be on the bulletin board used for posting notices. (Sec. 87.121). See Note 22.

NOTE - Section 87.121 of the Code provides that if an early voting clerk fails to post their early voting rosters in accordance with Section 87.121, a person registered to vote in the county where the early voting clerk is conducting early voting may file a complaint with the Secretary of State regarding the early voting clerk’s noncompliance. The Secretary of State by rule shall create and maintain a system for receiving and recording these complaints. (Sec. 87.121).

Thursday, September 28, 2023 (40th day before election day)

Political Subdivisions Other Than Counties: 5:00 p.m. – Last day to file for a place on the ballot in a special election to fill a vacancy, if the special election is ordered after the 70th day before election day, but on or before the 46th day before election day, Friday, September 22, 2023. (Sec. 201.054(a)(2)). For more details about Section 201.054 and the two possible special election deadlines, see entry for Tuesday, August 29, 2023.

Political Subdivisions Other Than Counties: 5:00 p.m. - Deadline for write-in candidates to file Declarations of Write-In Candidacy (PDF) for officers for city, school district, library district, junior college district, hospital district, and common school districts in a special election to fill a vacancy if the special election is ordered after the 70th day before election day, but on or before the 46th day before election day, Friday, September 22, 2023. (Sec. 201.054(a)(1), 201.054(g)).

NOTE - Sec. 201.054(g) provides that a declaration of write-in candidacy for a special election must be filed not later than the filing deadline.

NOTE - Sections 141.031 and 141.039 of the Code provide the application requirements related to a candidate’s final felony conviction status and what must be included on the candidate application form. Specifically, candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony, or if so convicted, has been pardoned or otherwise released from the resulting disabilities. A person who has been convicted of a felony will need to include with the application proof that the person has been pardoned or otherwise released from the resulting disabilities. The application form must include a statement informing candidates of the requirement to submit this information. Further, the official application form will need to include a statement informing candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B misdemeanor. (Secs. 141.031, 141.039).

NOTE - When reviewing candidate applications, please make sure that the candidate has used the most current version of the form.

NOTE - School Districts: In addition to the general felony rule at Election Code Sec. 141.001 (finally convicted), a candidate must not have been convicted (finally convicted or otherwise) of specific crimes under the Education Code in time to serve. (Sec. 11.066, Education Code).

NOTE - Section 52.094 of the Code requires the authority conducting the drawing to provide notice of the date, hour, and place of the drawing to each candidate by: 1) written notice that is mailed to the address stated on the candidate’s application not later than the f ourth day before the date of the drawing; or 2) provided at the time the candidate files an application with the appropriate authority. If provided at the time the candidate files an application, the notice may be provided by telephone, if a telephone number is provided on the candidate’s application or by e- mail, if an e-mail address was provided on the candidate’s application. (Sec. 52.094). (Notice of Drawing for Place on Ballot).

October

Monday, October 2, 2023 (36th day before election day)

Deadline for the Secretary of State to mail each county judge a copy of the governor’s proclamation ordering the state constitutional amendment election. (Sec. 3.003(c)).

Tuesday, October 3, 2023 (35th day before election day)

Political Subdivisions Other Than Counties: 5:00 p.m. – Last day for a candidate to file a Certificate of Withdrawal (PDF) in a special election, in which the filing deadline is the 40th day before election day. If a candidate withdraws or is declared ineligible bythis date, his or her name is omitted from the ballot. (Secs. 145.092(a), 145.094(a)(2)). For special circumstances regarding withdrawal of a candidate before ballots are prepared, please contact the Elections Division of the Office of the Texas Secretary of State.

Friday, October 6, 2023 (32nd day before election day)

Recommended date for early voting clerk to issue order (PDF) calling for appointment of signature verification committee. (Sec. 87.027).
NOTE - If the signature verification committee will start meeting on Wednesday, October 18, 2023, the early voting clerk must post a copy of the order (PDF) calling for appointment of the signature verification committee on or before this date as the notice must remain posted continuously for at least 10 days before the first day the committee meets. (Sec. 87.027(g)) .

Sunday, October 8, 2023 (30th day before election day)

Last day for the county clerk to post a full copy of all amendments to be voted on at the state constitutional amendment election. (Art. XVII, Sec. 1, Texas Constitution).

First day of period during which notice of the constitutional amendment election and other elections must be published in a newspaper of general circulation if method of giving notice is not specified by a law outside the Texas Election Code, and this method of giving notice is selected. The notice for elections ordered by the governor, a county authority, or by an authority of a city or school district must be given by publication in a newspaper in addition to any other method specified by a law outside the Election Code. (Sec. 4.003(a)(1), (c) , (d)). This notice may be combined with the other notices that are required to be published. The election notice shall be posted on the political subdivision’s website. See Note on Notice of Elections.

NOTE - Section 4.004 requires the notice of election to include the Internet website of the authority conducting the election. (Sec. 4.004(a)).

NOTE - Section 83.010 of the Code requires an election order and the election notice to state the early voting clerk’s official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different, phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website. (Sec. 83.010).

Cities, Schools, and Other Political Subdivisions: It is strongly recommended that the Notice of Voting Order Priority (PDF) for voters with mobility issues also be posted on the subdivision’s website, if one is maintained by the political subdivision. (Secs. 63.0013 , 85.007(d)). For more information on this requirement, see Note 16.

Counties: The recommended time to include this notice on a county website is when the notice of election is also posted on the website. (Secs. 63.0013 , 85.007(d)).

NOTE - Notice of Change of Polling Place Location: For elections ordered by the governor or county judge only, if the location of the polling place changes after notice has been given under Section 4.003, and the county election officer maintains a website to inform voters about elections, the notice of the change must be posted on the website. The notice on the website must be given not later than the earlier of (1) 24 hours after the location was changed; or (2) 72 hours before the polls open on election day. (Sec. 43.061). If the county election officer is conducting a legislative vacancy election, the candidates listed on the ballot are entitled to receive notice directly from the county judge. Notice of Change to Polling Place (PDF).

NOTE - Notice of Previous Polling Place: If a different polling place is being used than at the previous election held by the same authority, Notice of Change to Polling Place (PDF) must be posted at the entrance of the previous polling place informing voters of the current polling place location, if possible. (Sec. 43.062)

Monday, October 9, 2023 (29th day before election day) (Columbus Day)


Tuesday October 10, 2023 (28th day before election day)

Last day to register to vote or make a change of address effective for the Tuesday, November 7, 2023, election. The deadline is extended to the next regular business day, which is Tuesday, October 10, 2023, due to the 30th day falling on Sunday, October 8, 2023 and the 29th day falling on a holiday.* (Secs. 1.006, 13.143(e), 15.025)

*If the 30th day before the election falls on a weekend or holiday, a voter application or a notice of change in registration information is considered timely if it is submitted to the voter registrar on or before the next regular business day. (Secs. 1.006, 13.143(e), 15.025(d)).

NOTE - A voter who submits a change of address after this date may still be eligible to return to his or her previous precinct to vote under “fail-safe” voting, if he or she still resides in the same county and the same local political subdivision, if applicable , conducting the election. If a voter has moved to a new county, then a voter can vote a limited ballot. Voting by a limited ballot is only available during the early voting period and only at the main early voting polling place (or by mail). (Secs. 15.025, 63.0011, 112.002).

NOTE  -  A  Federal Postcard  Application  (FPCA)  also  serves  as  an  application for permanent registration under Texas law unless the voter marked “my intent to return is uncertain” (2019 form (PDF), or “my return is uncertain” (2017 form (PDF). The early voting clerk should make a copy (for mailing ballots, keeping records, etc.), then should forward the original to the county voter registrar, as soon as practicable. (Sec. 101.055; 1 T .A.C. § 81.40(a), (c)(2)).

Recommended last day for early voting clerk to order supplemental and registration correction lists, if applicable, or order revised original list of registered voters from the voter registrar for early voting by personal appearance. (Secs. 18.001, 18.002, 18.003, 18.004).

NOTE - Per Sections 18.002 and 18.003 of the Code, supplemental and corrected vo ter registration lists must be provided as needed to ensure all eligible voters appear on the official list of registered voters. (Secs. 18.002, 18.003).

Wednesday, October 11, 2023 (27th day before election day)

Recommended last date for the county election board (or governing body of political subdivision, as appropriate) to appoint a signature verification committee (if one was ordered by the early voting clerk by Friday, October 6, 2023). See entry under Friday, October 6, 2023. (Secs. 51.002, 87.027). The members must be appointed not later than the fifth day after the order was issued by the early voting clerk. The appointing authority must post a notice of the appointment of committee members continuously until the last day the signature verificati on committee meets. This form may be used for the notice: Notice of Appointment of Signature Verification Committee (PDF).

NOTE - NEW LAW: HB 2800 (2023, R.S.) amended 51.002 of the Code, effective September 1, 2023, to require that notice of a meeting of the county election board be posted not later than 48 hours before each meeting. The county clerk shall post notice of the meeting on the county’s website, if the county maintains a website.

Counties: For timeframes for appointment of various election workers for counties, see Tex. Sec'y of State Election Advisory No. 2023-06.

Tuesday, October 17, 2023 (21st day before election day)

Last day to post notice of election on bulletin board used for posting notices of meetings of governing body. (Sec. 4.003(b)). A Record of Posting Notice of Election (PDF) should be completed at the time of posting. (Sec. 4.005). See Note on Notice of Elections.

NOTE - NEW LAW: HB 2800 (2023, R.S.) amended section 51.002 of the Code, effective September 1, 2023, to require that notice of a meeting of the county election board be posted not later than 48 hours before each meeting. The county clerk shall post notice of the meeting on the county’s website, if the county maintains a website.

Last day to post notice of election in each election precinct, if the method of giving notice is not specified by a law outside the Election Code and notice is given by this method in lieu of publication (extended deadline). (Sec. 4.003(a)(2)). The notice for elections ordered by the governor, a county authority, or by an authority of a city or school district must be given by publication in a newspaper in addition to any other method specified by a law outside the Election Code. (Sec. 4.003(a)(1), (c), (d)). A Record of Posting Notice of Election (PDF) should be completed at the time of posting. (Sec. 4.005).

All Political Subdivisions: The election notice shall be posted on the political subdivision’s website, if the political subdivision maintains a website. The order and notice should include all days and hours for early voting by personal appearance including voting on ANY Saturday or Sunday. (Secs. 85.006, 85.007). Note for cities and counties, the election notice must be subsequently amended to include voting later ordered for ANY Saturday or Sunday and must be posted on the political subdivision’s website, if maintained.

Note for Counties - Section 4.003 requires that counties post on the county website the notice and list of polling locations of any political subdivision that delivers their notice to the county under Section 4.008. This is regardless of whether the county is contracting with the entity and regardless of whether the entity is conducting their own election or contracting with the county.

For Bond Elections: First day a political subdivision must post on their Internet website prominently and together with the notice of the election, a copy of the sample ballot, and the contents of the proposition, if the political subdivision maintains an Internet website. (Sec. 4.003(f)).

The recommended time to include the notice of accepting voters with certain disabilities on a county website is when the notice of election is also posted on the website. (Secs. 63.0013, 85.007(d)). See Note 16 regarding notice on accepting voters with certain disabilities.

Counties, Cities, and School Districts: Last day for a county that holds an election or provides election services for an election to post certain information regarding the upcoming election(s) on the county’s website per Section 4.009. A city or independent school district that holds an election and maintains an Internet website must also post this same election information on their website even if the county is also posting this data.  The information posted on the website must include:

  1. the date of the election;
  2. the location of each polling place;
  3. each candidate for an elected office on the ballot; and
  4. each measure on the ballot. (Sec. 4.009)

Wednesday, October 18, 2023 (20th day before election day)

First day that the signature verification committee, if one is appointed, may begin operating. (Sec. 87.027)

NOTE - Section 127.1232 provides that in counties with a population of 100,000 or more, the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. (Sec. 127.1232). See Tex. Sec'y of State Election Advisory No. 2022-10.

NOTE - NEW LAW Signature Verification Committee (if appointed) Actions for a Defective Carrier Envelope: SB 1599 (2023, R.S.), amended Section 87.0271 of the Code, effective September 1, 2023, to provide that not later than the second day after the signature verification committee discovers a defect(s) in a carrier envelope as described by Section 87.0271(a) of the Code and before the committee decides whether to accept or reject a timely delivered ballot under Section 87.027, the committee must send the voter a notice of the defect and a corrective action form developed under Section 87.0271(c-1) by mail or by common or contract carrier. The signature verification committee must include with the notice delivered to the voter : (1) a brief explanation of each defect in the noncomplying ballot; and (2) notice that the voter may either cancel the voter’s application to vote by mail in the manner described by Section 84.032, correct the defect in the voter’s ballot by submitting a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect(s).

If the signature verification committee determines that it would not be possible for the voter to receive the notice of defect within a reasonable time to correct the defect, the committee may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter’s application to vote by mail canceled in the manner described by Section 84.032, submit a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect. In addition to sending the voter a notice of the defect or notifying the voter of the defect by telephone or e-mail, the signature verification committee must permit the voter to correct a defect using the Secretary of State’s online Ballot by Mail Tracker, if possible. Please note that the Secretary of State’s Ballot by Mail Tracker is available at www.votetexas.gov.

Last day to post notice (PDF) of places, days, and hours for voting at branch early voting polling place if voting is to begin at that location on the first day of early voti ng in person. The schedule may be amended after the beginning of early voting by personal appearance to include notice of additional branch locations, but any amendment must be made and posted not later than the fifth day before voting begins at the additional temporary branch. (Secs. 85.062, 85.067(c), (d)).

Deadline for a person who is not permanently registered to vote, to submit a postmarked FPCA, in order to receive a ballot for any non-federal election held on November 7, 2023. A person submitting who is not permanently registered to vote and submits a postmarked FPCA after this date (20th day) and before the deadline to submit an application for ballot by mail, is not entitled to receive a ballot for any non-federal election. See Monday,October 23, 2023 entry for timeliness of an FPCA received without a postmark (extended deadline). (Sec. 101.052(e)).

NOTE - An FPCA may be submitted by in-person delivery by the voter in accordance with Section 84.008 of the Code or by common or contract carrier. Further, an application is considered submitted in the following calendar year if: 1) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and 2) the application is submitt ed in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (Sec. 101.052).

NOTE - A member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the President of the United States or activated on state orders, or the spouse or dependent of a member, may submit an FPCA. (Sec. 101.001).

NOTE - Be sure to check the list of registered voters for permanent registration status. Also, state law authorizes an FPCA to also serve as an application for permanent registration; therefore, the person might be permanently registered based on a prior FPCA. Even if the FPCA arrives too late for a particular election, the early voting clerk will still need to forward the original FPCA to the county voter registrar, after making a copy for your early voting clerk’s use (mailing ballots, etc.) and records unless the voter marked “my intent to return is uncertain” (2019 form (PDF), or “my return is uncertain” 2017 form (PDF) in which case, it will not serve as a permanent registration.. (Sec. 101.055; 1 T.A.C. § 81.40).

NOTE - Overseas (non-military) voters marking the FPCA “my intent to return is uncertain” (2019 form (PDF), or “my return is uncertain” (2017 form (PDF) receive a federal ballot only regardless of the date filed. (Chapter 114). In a local (non-federal) election, this means there is no ballot to send the voter.

Last day to publish notice (PDF) of L&A test for DRE voting machines or precinct scanners if test will be held on Friday, October 20, 2023, if testing has was not already comp leted by Wednesday, September 20, 2023. Notice of the public L&A Test must be published at least 48 hours before the test begins. (Secs. 129.001, 129.023). See Note 15 above.

Thursday, October 19, 2023 – Friday, October 27, 2023 (19th day before election – 11th day before election day)

A person submitting an FPCA (PDF) during this period who is not registered to vote is not entitled to receive a ballot for any non-federal election held on Tuesday, November 7, 2023. This means that a person submitting an FPCA during this period is entitled to receive a federal ballot only, if not already a permanent registered voter. (Secs. 101.052(f), 114.002, 114.004). In a local election (where there is no federal office on the ballot), this means there is no ballot to send the voter.

The early voting clerk is required to maintain a copy of this application since it may be used for other elections and forward the original to the voter registrar. Also see entry below under Monday, October 23, 2023 (FPCA without a postmark). (Secs. 84.007, 101.052(e), (f)).

NOTE - Be sure to check the list of registered voters for permanent registration status. Also, state law authorizes an FPCA to also serve as an application for permanent registration; therefore, the person might be permanently registered based on a prior FPCA. Even if the FPCA arrives too late for a particular election, the early voting clerk will still need to forward the original FPCA to the county voter registrar, after making a copy for your early voting clerk’s use (mailing ballots, etc.) and records unless the voter marked “my intent to return is uncertain” (2019 form (PDF), or “my return is uncertain” 2017 form (PDF) in which case, it will not serve as a permanent registration. (Sec. 101.055; 1 T.A.C. § 81.40).

NOTE - Overseas (non-military) voters marking the FPCA “my intent to return is uncertain” (2019 form (PDF) , or “my return is uncertain” (2017 form (PDF) receive a federal ballot only regardless of the date filed. (Chapter 114). In a local (non-federal) election, this means there is no ballot to send the voter.

Friday, October 20, 2023 (18th day before election day)

Last day to conduct public L&A test of a voting system that uses DRE voting machines or precinct scanners. We highly recommend that this test is done on an earlier date to allow time for corrections to programming, if necessary. (See Note 15, above). Per Section 129.023, the L&A test shall be conducted not later than 48 hours before voting begins on such voting systems, assuming that the voting system will first be used for early voting in person. See Tex. Sec'y of State Election Advisory No. 2019-23. For more information on hash validation procedures, see Tex. Sec’y of State Election Advisory No. 2022-30.

Early Voting Dates: Monday, October 23, 2023 - Friday, November 3, 2023 (See Note on Early Voting Rosters)

Monday, October 23, 2023 (15th day before election day)

First day to vote early in person. (Sec. 85.001(a), (c)).

NOTE - The early voting period for elections held on the November uniform election date in odd- numbered years begins 17 days prior to election day, but because this day falls on a weekend (Saturday, October 21, 2023), it is extended to the next regular business day (Monday) under Section 85.001(c). See Note 22 on Early Voting Rosters.

NOTE - Voting by limited ballot must be done during the early voting period at the main early voting polling place (or by mail). (Sec. 112.002(a)).

NOTE - Political Subdivisions Other than Counties: Early voting in person must be conducted at least nine (9) hours each weekday that is not a legal state holiday unless the political subdivision has fewer than 1,000 registered voters, in which case early voting in person must be conducted at least four (4) hours per day. (Sec. 85.005(b)). This rule only applies to the main early voting location.

NOTE - Cities are not required to choose two weekdays for the main early voting polling place location to be open for at least 12 hours during the regular early voting period. (Sec. 85.005).

NOTE - Counties: Early voting in person at the main early voting polling place must be conducted on each weekday of the early voting period that is not a legal state holiday and for a period of at least nine (9) hours, except that voting may not be conducted earlier than 6:00 AM or later than 10:00 PM. (Sec. 85.005(a)).

NOTE - NEW LAW: HB 1217 (2023, R.S) amended Section 85.005(c) of the Code, effective September 1, 2023, to require that in ALL counties (regardless of population), voting in a special election ordered by the Governor shall be conducted at the main early voting polling place for at least 12 consecutive hours on each of the last two days of the early voting period. Voting may not be conducted earlier than 6:00 AM or later than 10:00 PM. (Sec. 85.005(c)).

NOTE - Independent School Districts: Despite the change in state law that allows an ISD to be closed on school holidays during the mandatory office hours period, you are required to be open during the entire early voting period, except on legal state and national holidays. (Sec. 85.005(b)).

NOTE - Joint Elections: If entities are conducting early voting by personal appearance jointly, we recommend a unified schedule covering all requirements; i.e., no entity’s requirements should be neglected or subtracted as a result of a joint agreement. See Note 7 regarding joint elections generally.

NOTE - NEW LAW: HB 1217 (2023, R.S) amended Section 85.064 of the Code, effective September 1, 2023, to establish uniform early voting requirements for all counties regardless of population size. Any established temporary branch location must remain open for at least 8 hours on each of the days that voting is required to be conducted at the main early voting location.

Deadline to receive an FPCA without a postmark. If an FPCA is received by this date without a postmark to prove mailing date, the early voting clerk will accept the FPCA and mail the applicant a full ballot even if the applicant is not a permanently registered voter but meets the requirements under Title 2 of the Election Code (unless the voter marks the FPCA form “my intent to return is uncertain” (2019 form (PDF), or “my return is uncertain”(2017 form (PDF), in which case the voter receives a federal-only ballot). (Sec. 101.052(i)(1)).

Last day to notify election judges of duty to hold election (Writ of Election (PDF). Notice must be given by the 15th day before the election or the 7th day after the day the election is ordered, whichever is later. The Writ of Election must be given to each presiding judge and include:

  1. The judge’s duty to hold the election;
  2. The type and date of election;
  3. The polling place location at which the judge will serve;
  4. The polling place hours; and
  5. The maximum number of clerks the judge may appoint. (Sec. 4.007).

Tuesday, October 24, 2023 (14th day before election day)

NOTE for Counties: Deadline to file a petition (PDF) to require the early voting clerk of a county to conduct extended early voting on Saturday, October 28, 2023 . (Sec. 85.006(d)). Notice of weekend voting (PDF) must be posted beginning no later than Wednesday, October 25, 2023, and continuing through Friday, October 27, 2023. (Sec. 85.007(c)).

Wednesday, October 25, 2023 (13th day before election day)

Counties - Weekend Early Voting Hours - Notice Requirement: Last day to post notice on county website, if early voting will be conducted on Saturday, October 28, 2023 . (Sec. 85.007). If the county does not maintain a website, notice must be posted on the bulletin board used for posting notice of meetings of the commissioners court. Notice must be posted at least 72 hours before early voting begins on a Saturday or Sunday. Notice (including the days and hours of early voting) must also be posted to the political subdivision’s website, if one is maintained. See Notice for Early Voting on Saturday and/or Sunday (PDF).

NOTE for Counties: If the county election officer on her/his own motion by written order orders early voting on Saturday or Sunday OR if the county election officer orders Saturday or Sunday voting after being petitioned to do so by at least 15 registered voters, such voting need not be included in the regular order or notice of the election. (Secs. 85.006(b), (d) , 85.007(b), (c)).

NOTE - All Political Subdivisions, Except Counties: Voting on any Saturday or Sunday must be included in the order and notice of election. City secretaries no longer have the authority to order Saturday or Sunday early voting 72 hours immediately preceding the first hour that voting will be conducted. Local political subdivisions must have early voting on Saturday or Sunday, if a written request (PDF) is received from at least 15 registered voters of the political subdivision prior to the election being ordered. (Secs. 85.006, 85.007).

NOTE for Counties: Deadline to file a petition (PDF) to require the early voting clerk of a county to conduct extended early voting on Sunday, October 29, 2023 . (Sec. 85.006(d)) Notice of weekend voting (PDF) must be posted beginning no later than Thursday, October 26, 2023, and continuing through Saturday, October 28, 2023. (Sec. 85.007(c)).

Thursday, October 26, 2023 (12th day before election day; day before the last day to apply for a ballot by mail)

First day a voter who becomes sick or disabled on or after Thursday, October 26, 2023, may submit an application for a late ballot if the sickness or physical condition prevents the voter from appearing at the polling place without the likelihood of needing personal assistance or of injuring his or her health. (Sec. 102.001). See Application for Emergency Early Voting Ballot Due to Sickness or Physical Disability (PDF). Applications may continue to be submitted until 5:00 p.m. on election day. (Sec. 102.003).

Counties - Weekend Early Voting Hours - Notice Requirement: Last day to post notice on county website, if early voting will be conducted on Sunday, October 29, 2023 (Sec. 85.007). If the county does not maintain a website, notice must be posted on the bulletin board used for posting notice of meetings of the commissioners court. Notice must be posted at least 72 hours before early voting begins on a Saturday or Sunday. Notice (including the days and hours of early voting) must also be posted to the political subdivision’s website, if one is maintained. See Notice for Early Voting on Saturday and/or Sunday (PDF).

NOTE - NEW LAW: SB 1599 (2023, R.S) amended Section 87.0222 of the Code, effective September 1, 2023, to provide that not later than the ninth day before election day, the jacket envelopes containing early voting ballots voted by mail MUST be delivered to the early voting ballot board. This requirement applies regardless of the county’s population size. Any jacket envelopes of early voting ballots voted by mail returned after delivery of the ballots to the early voting ballot board may be delivered to the presiding judge of the early voting ballot board between the end of the ninth day before election day and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge. The early voting clerk shall post notice of each delivery of balloting materials that is to be made before the time for opening the polls on election day. The notice must be posted at the main early voting polling place continuously for at least 24 hours immediately preceding the delivery.

Please note that the mail ballots may not be counted until (i) the polls open on election day, or (ii) in an election conducted by an authority of a county with a population of 100,000 or more or entities that are having joint elections with such a county or who are conducting their election with such a county through a contract for election services, the end of the period for early voting in person. (Secs. 87.0222, 87.0241). NOTE: Results maynot be released untilthe polls close on election day.

NOTE - The county clerk/elections administrator must ensure that photocopies or electronic recordings of annual applications for ballot by mail have been delivered to the early voting clerk of every political subdivision holding an election before the ballots by mail are delivered to the early voting ballot board.

Friday, October 27, 2023 (11th day before election day)

Last day to receive an FPCA (PDF) from a registered voter. If the voter is not registered in the county (and/or marked intent to return “not certain”), the voter is still eligible for a ballot containing federal offices only. In a local (non-federal) election, this means there is no ballot to send the voter. (Secs. 101.052(b), (f), 114.004(c)).

Last day for early voting clerk to receive applications for a ballot to be voted by mail. (Sec. 84.007(c)). All applications to vote by mail must be received by the early voting clerk before the close of regular business or 12 noon, whichever is later. Applications to vote by mail must be submitted by mail, common or contract carrier, fax (if a fax machine is available in the office of the early voting clerk), or by electronic submission of a scanned application with an original signature. The early voting clerk’s designated email address must be posted on the Secre tary of State’s website.

If an ABBM is faxed or emailed or if an FPCA is faxed, then the applicant must submit the ORIGINAL application BY MAIL to the early voting clerk so that the early voting clerk receives the original no later than the 4th business day after receiving the emailed or faxed ABBM or faxed FPCA. If the early voting clerk does not receive the original ABBM or FPCA by that deadline, then the emailed or faxed ABBM or faxed FPCA will be considered incomplete, and the early voting clerk may NOT send the applicant a ballot. The requirement to mail the original application does not apply to an emailed FPCA.

NOTE - A member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the President of the United States or activated on state orders, or the spouse or dependent of a member, may submit an FPCA. (Sec. 101.001)

An applicant for a ballot to be voted by mail (ABBM or FPCA) may submit the application by delivering it in person to the early voting clerk if the application is submitted not later than the close of regular business in the clerk’s office on Friday, October 27, 2023. (Sec. 84.008)

NOTE - NEW LAW: SB 1599 (2023, R.S.) amended Section 86.008 of the Code, effective September 1, 2023, to require that if the early voting clerk determines that it would not be possible for the applicant to correct certain defects in a mail ballot application and return an application form by mail before the deadline, the clerk may notify the applicant by telephone or e -mail of the defect, and inform the applicant that the applicant may come to the early voting clerk’s office before the deadline and correct the defect in person. The clerk shall notify the applicant of a defect discovered and provide the information required to permit the applicant to correct the defect using the Secretary of State’s online Ballot by Mail Tracker, if possible. See Note 18.

NOTE - An FPCA may be submitted by in-person delivery by the voter in accordance with Section 84.008 of the Code or by common or contract carrier. Further, an application is considered submitted in the following calendar year if: 1) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and 2) the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (Sec. 101.052).

NOTE - Section 84.008 of the Code provides that an applicant for a ballot to be voted by mail may submit the application by delivering it in person to the early voting clerk if the application is submitted not later than the deadline provided by Section 84.007(c) of the Code. This means that voters may personally deliver their ABBM or FPCA to the early voting clerk not later than the close of regular business in the early voting clerk’s office or 12 noon, whichever is later, on the 11th day before election day (unless that day is a Saturday, Sunday, or legal state or national holiday, in which case the last day is the first preceding regular business day).

Note for Counties: Last day for county clerk/elections administrator to deliver final list of voters that have submitted an annual application for ballot by mail to political subdivisions located within the county holding an election on November 7, 2023, for which the county clerk/elections administrator is not the early voting clerk via a joint election agreement or contract for election services. (Sec. 86.0015(c)).

Saturday, October 28, 2023 (10th day before election day)

Last day of period during which notice of election must be published if method of giving notice is not specified by a law outside the Election Code and publication is the selected method of giving notice. (Sec. 4.003(a)(1)). The notice for elections ordered by the governor, a county authority, or by an authority of a city or school district must be given by publication in a newspaper in addition to any other method specified by a law outside the Election Code. (Sec. 4.003(a)(1), (c), (d)). See Note 8.

NOTE - The election notice shall be posted on the political subdivision’s website, if the political subdivision maintains a website.
Last day to mail a copy of the notice of election to each registered voter of the territory that is covered by the election and is in the jurisdiction of the authority responsible for giving the notice if method of giving notice is not specified by a law outside the Election Code and this method of giving notice is selected. (Secs. 1.006, 4.003(a)(3)).

Last day to post notice (PDF) of the precinct’s consolidation and the location of the polling place in the consolidated precinct for each precinct that is combined to form a consolidated precinct under Section 42.008. This notice must be posted at the polling place used in the preceding general election and must remain posted continuously through election day. (Sec. 4.003(b)).

NOTE - The recommended time to include the notice of accepting voters with certain disabilities on a political subdivision’s website is when the notice of election is also posted on the website. (Secs. 63.0015, 85.007(d)). See Note 16 regarding notice on accepting voters with certain disabilities.

Monday October 30, 2023 (8th day before election day)

NOTE - Section 127.1232 provides that in counties with a population of 100,000 or more, the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. (Sec. 127.1232). Tex. Sec'y of State Election Advisory No. 2022-10.

NOTE - NEW LAW: SB 1599 (2023, R.S) amended Section 87.0222 of the Code, effective September 1, 2023, to provide that not later than the ninth day before election day, the jacket envelopes containing early voting ballots voted by mail MUST be delivered to the early voting ballot board. This requirement applies regardless of the county’s population size . Any jacket envelopes of early voting ballots voted by mail returned after delivery of the ballots to the early voting ballot board may be delivered to the presiding judge of the early voting ballot board between the end of the ninth day before election day and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge. The early voting clerk shall post notice of each delivery of balloting materials that is to be made before the time for opening the polls on election day. The notice must be posted at the main early voting polling place continuously for at least 24 hours immediately preceding the delivery.

Because the ninth day falls on a Sunday, October 29, 2023, the deadline is extended to Monday, October 30, 2023. (Sec. 1.006).

NOTE - The EVBB can meet as soon as the county has received voted ballots by mail from voters and those materials are delivered to the ballot board. The ballot board does not have to wait until this ninth-day deadline to meet.

November

Wednesday, November 1, 2023 (4th business day before election day; 6th day before election day

5:00 p.m. – Deadline to submit a Request for Election Inspectors (PDF) for election day, Tuesday, November 7, 2023, to the Secretary of State. (Sec. 34.001).

Thursday, November 2, 2023 (5th day before election day, day before last day of early voting

NOTE - NEW LAW: HB 1217 (2023, R.S) amended Section 85.005(c) of the Code, effective September 1, 2023, to require that in ALL counties (regardless of population), voting in a special election ordered by the Governor shall be conducted at the main early voting polling place for at least 12 consecutive hours on each of the last two days of the early voting. Voting may not be conducted earlier than 6:00 AM or later than 10:00 PM. (Sec. 85.005(c)). Foradditional information, see Note 10 regarding extended early voting hours. (Secs. 85.005(c), 85.067). For more information regarding early voting rosters, see Note 22.

A voter is eligible to vote a late ballot if they will be out of the county of residence on election day due to a death in the immediate family (related within 2nd degree of consanguinity or affinity) that occurs on or after this day. The voter may submit the Application for Emergency Early Ballot Due to Death in Family (PDF) starting Saturday, November 4, 2023 (the day after early voting in person ends). (Secs. 103.001, 103.003(b)). An application may be submitted after the last day of the period for early voting by personal appearance and before the close of business on the day before election day. (Sec. 103.003).

Friday, November 3, 2023 (4th day before election day

Last day to vote early by personal appearance. (Sec. 85.001(a)).

NOTE - NEW LAW: HB 1217 (2023, R.S) amended Section 85.005(c) of the Code, effective September 1, 2023, to require that in ALL counties (regardless of population), voting in a special election ordered by the Governor shall be conducted at the main early voting polling place for at least 12 consecutive hours on each of the last two days of the early voting. Voting may not be conducted earlier than 6:00 AM or later than 10:00 PM. (Sec. 85.005(c)). Foradditional information, see Note 10 regarding extended early voting hours. (Secs. 85.005(c), 85.067). For more information regarding early voting rosters, see Note 22.

Early voting clerk must post Notice of Delivery of Early Voting Balloting Materials (PDF) to the early voting ballot board if materials are to be delivered to the board on Saturday, November 4, 2023. Notice must be posted continuously for 24 hours preceding each delivery to the board. (Secs. 87.0221, 87.0222, 87.023, 87.024, 87.0241).

Last day to publish notice (PDF) of public test of automatic tabulating equipment, if test will be held on Sunday, November 5, 2023, and testing was not already completed. The public notice of the test of automatic tabulating equipment must be published at least 48 hours before the test begins. (Sec. 127.096). See Note 15.

Counties with a Population of 100,000 or more:

After the polls close at the end of early voting by personal appearance, counties with a population of 100,000 or more (or local subdivisions conducting a joint election with such a county or conducting an election through a contract for election services with such a county ) may convene their early voting ballot board and begin counting ballots; however, the results may not be announced until after the polls close. (Secs. 87.0222, 87.0241).

NOTE - If a county with a population of 100,000 or more (or a local subdivision conducting a joint election with such a county or conducting an election through a contract for election services with such a county) is convening their early voting ballot board early to begin counting ballots, the test of the tabulation equipment will need to be completed at least 48 hours before the equipment is used to count ballots. (Secs. 87.0222, 87.0241, 127.096).

Counties with a Population of Less than 100,000:

Counties may begin convening their early voting ballot board as the county has received voted ballots by mail from voters and those materials are delivered to the ballot board, but cannot begin counting the ballots until the polls open on election day. The early voting clerk shall continuously post notice for 24 hours preceding each delivery of voting materials that is to be made before the time for opening the polls on election day. (Secs. 87.0221, 87.023, 87.024, 87.0241). See Notice of Delivery of Early Voting Balloting Materials (PDF).

NOTE - The county elections officer must ensure that photocopies or electronic recordings of annual applications for ballot by mail have been delivered to the early voting clerk of every political subdivision holding an election before the ballots by mail are delivered to the early voting ballot board.

NOTE – NEW LAW - Early Voting Ballot Board Actions for a Defective Carrier Envelope: SB 1599 (2023, R.S.) amended Section 87.0411 of the Code, effective September 1, 2023, to provide that not later than the second day after the early voting ballot board discovers a defect(s) in a carrier envelope as described by Section 87.0411(a) of the Code and before the board decides whether to accept or reject a timely delivered ballot under Section 87. 041, the board must send the voter a notice of the defect and a corrective action form developed under Section 87.0411(c- 1) by mail or by common or contract carrier. The early voting ballot board must include with the notice delivered to the voter: (1) a brief explanation of each defect in the noncomplying ballot; and (2) notice that the voter may either cancel the voter’s application to vote by mail in the manner described by Section 84.032, correct the defect in the voter’s ballot by submitting a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect(s).

If the early voting ballot board determines that it would not be possible for the voter to receive the notice of defect within a reasonable time to correct the defect, the board may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to ha ve the voter’s application to vote by mail canceled in the manner described by Section 84.032, submit a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect. In addition to sending the voter a notice of the defect or notifying the voter of the defect by telephone or e -mail, the early voting ballot board must permit the voter to correct a defect using the Secretary of State’s online Ballot by Mail Tracker, if possible. Please note that the Secretary of State’s Ballot by Mail Tracker is available at www.votetexas.gov.

NOTE - Section 127.1232 provides that in counties with a population of 100,000 or more, the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. (Sec. 127.1232). Tex. Sec'y of State Election Advisory No. 2022-10.

Saturday, November 4, 2023 (3rd day before election day; day after early voting in person ends)

First day to submit an Application for Emergency Early Ballot Due to Death in Family (PDF) to vote a late ballot because of a death in the immediate family that occurred on or after Thursday, November 2, 2023, and will require absence from the county on election day. (Secs. 103.001, 103.003(b)). An application may be submitted after the last day of the period for early voting by personal appearance and before the close of business on the day before election day. (Sec. 103.003).

Last day to conduct public test of automatic tabulation equipment. Per Section 127.093, the test shall be conducted at least 48 hours before the automatic tabulating equipment is used to count ballots voted in an election and was not previously tested. We highly recommend that this test is done on an earlier date to allow time for corrections to programming, if neces sary. (See Note 15, above).

Sunday, November 5, 2023 (Daylight Saving Time Ends)

NOTE - For November 2024 Election: Chapter 2051 of the Government Code requires any political subdivision with the authority to impose a tax that maintained a publicly available Internet website at any time on or after January 1, 2019, to post on that website the requirements and deadline for filing for candidacy of each elected office of the political subdivision continuously for one year before the election day for that office. See Tex. Sec’y of State Election Advisory No.2019-19.

Monday, November 6, 2023 (day before election day)

Last day to submit an Application for Emergency Early Ballot Due to Death in Family (PDF) . The application must be submitted by the close of business on this day. (Sec. 103.003(b)).

Last day for early voting clerk to mark the precinct list of registered voters with a notation beside each name of voter who voted early, and deliver list to election judges. T he early voting clerk must also deliver the precinct early voting list. (Sec. 87.122). This may be delivered electronically if your county is using an electronic pollbook.

Delivery of Provisional Ballots and Forms: If the voter registrar wants to take possession of the provisional ballots and forms on election night, the voter registrar must inform the custodian of the election records and post a Notice of Election Night Transfer (PDF) no later than Monday, November 6, 2023, 24 hours before election day. (1 T.A.C. § 81.174(d)(3)). However, under this type of delivery, the county voter registrar must go to the custodian of election records office and pick up the provisional ballots and forms.

NOTE - The general custodian of election records (or the early voting clerk, if applicable) must post a Notice of Delivery of Provisional Ballots (PDF) at least 24 hours before delivery will occur. (1
T.A.C. § 81.174(b)(1)).

Tuesday, November 7, 2023 (Election Day)

7:00 a.m. – 7:00 p.m.

Polls open. (Sec. 41.031).

Voter registrar’s office is open. (Sec. 12.004(c)).

Early voting clerk’s office is open for early voting activities. (Sec. 83.011). A voter may deliver a marked ballot by mail to the early voting clerk’s office while the polls are open on election day. The voter must provide an acceptable form of identification under Section 63.0101 upon delivery. The identification procedure is the same as that used for personal appearance voting. (Secs.
63.0101, 86.006).

Sick and disabled persons may vote at the main early voting polling place if electronic voting systems are used at regular polling place(s) on election day and the voter has a sickness or condition that prevents the voter from voting in the regular manner without personal assistance or likelihood of injury. (Secs. 104.001, 104.003). However, if the early voting ballots by mail are
processed at a location other than the main early voting polling place, the early voting clerk may require the voting to be conducted at that location. (Sec. 104.003).

5:00 p.m.

Deadline for receiving Application for Emergency Early Voting (PDF)
Ballot Due to Sickness or Physical Disability (PDF) for late ballots to be voted by persons who became sick or disabled on or
after Thursday, October 26, 2023. (Sec. 102.003(b)).

7:00 p.m.

Regular deadline for receiving early voting ballots by mail. BUT see entry for Wednesday, November 8, 2023, on “late domestic ballots,” and entry for Monday, November 13, 2023, on other “late” ballots.

This is also the deadline to receive late ballots cast by voters who became sick or disabled on or after Thursday, October 26, 2023. (Secs. 86.007(a), 102.006(c)).

NOTE - Section 61.002 provides that immediately before the opening of the polls on election day, the presiding judge or alternate judge shall confirm that the public counters on each voting machine are set to zero and shall print the tape that shows that there are zero votes for each candidate or measure on the ballot. Immediately after the closing of the polls on election day, the presiding judge or alternate judge shall print the tape to show the number of votes cast for each candidate or measure. Each election judge and alternate judge shall sign the printed tapes. (Sec. 61.002).

NOTE - The presiding judge of the central counting station must provide and attest to a written reconciliation (PDF) of votes and voters at the close of tabulation for election day and again after the central counting station meets for the last time to process late-arriving ballots by mail and provisional ballots. (Sec. 127.131). Preliminary Election Reconciliation (PDF) – Unofficial Totals form (Election Day). Election Reconciliation Form (PDF) – Official Results (Canvass Form). See Note on Reconciliation.

NOTE - Receipt of Mail Ballots: All early voting ballots sent by mail from inside the United States that are received by 7:00 p.m. on election day, November 7, 2023, must be counted on election night. If the carrier envelope does not bear a cancellation mark or a receipt mark, the ballot must arrive before the time the polls are required to close on election day. (Sec. 86.007(a)(1)). If the early voting clerk cannot determine whether a ballot arrived before the deadline, the ballot is considered to have arrived at the time the place at which the carrier envelopes are deposited was last inspected for removal of returned ballots. (Sec. 86.007(b)). The early voting clerk must check the mailbox for early voting mail ballots at least once after the time for regular mail delivery. (Sec. 86.007(b)).

NOTE - An early voting mail ballot that is not received by 7:00 p.m. on election day may not be counted unless the ballot may be counted late, which applies to ballots mailed from outside the United States (Sec. 86.007(d)), late domestic ballots (Sec. 86.007(a)(2)), and ballots from members of the armed forces and merchant marine of the United States, Texas National Guard or the National Guard of another state or members of the Reserves, as well as their spouses and dependents (Sec. 101.057). See entry for Wednesday, November 8, 2023 and entry for Monday, November 13, 2023. See Tex. Sec’y of State Election Advisory No. 2018-02.

NOTE - Delivery of Early Voting by Personal Appearance and Mail Ballots: The early voting clerk delivers the voted ballots, the key to the double-locked ballot box, etc., to the early voting ballot board at the time or times specified by the presiding judge of the early voting ballot board, during the hours the polls are open or as soon after the polls close as practicable. (Secs . 87.021, 87.022). The custodian of the key to the second lock of the double-locked early voting ballot box delivers his or her key to the presiding judge of the early voting ballot board on request of the presiding judge. (Secs. 85.032(d), 87.025). The custodian is the sheriff for county elections; the chief of police or city marshal for city elections; and the constable of the justice precinct in which the political subdivision’s main office is located (or the sheriff, if there is no constable), for other political subdivision elections. (Sec. 66.060). If ballots are to be delivered before election day, the early voting clerk must post notice (PDF) at least 24 hours before each delivery at the main early voting polling place. Tex. Sec’y of State Election Advisory No. 2022-10

Note on Delivery of Early Voting Ballots to Early Voting Ballot Board Before Election Day

Any jacket envelopes of early voting ballots voted by mail returned after delivery of the ballots to the early voting ballot board may be delivered to the presiding judge of the early voting ballot board between the end of the ninth day before election day and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge. Mail ballots may be qualified and processed (signatures verified, carrier envelopes opened, and the secrecy envelope containing the ballot placed in a secure location), but they may not be counted until election day. (Secs. 87.0221, 87.0222, 87.023, 87.024, 87.0241). If ballots are to be delivered before election day, the early voting clerk must post notice (PDF) at least 24 hours before each delivery at the main early voting polling place.

Exception: Counties with a population of 100,000 or more, or entities that are having joint elections with counties with a population of 100,000 or more or who are conducting an election through a contract for election services with such a county, may begin counting ballots no earlier than the end of the period for early voting by personal appearance; the results may not be released until the polls close on election day. (Secs. 87.0221 , 87.0222, 87.023, 87.024, 87.0241(b), 87.042). If ballots are to be delivered before Election Day, the early voting clerk must post notice (PDF) at least 24 hours before each delivery at the main early voting polling place. (Secs. 87.0221(b), 87.023(b), 87.024(b)).

NOTE - Section 127.1232 provides that in counties with a population of 100,000 or more (or political subdivisions contracting with a county with a population of 100,000 or more), the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. (Sec. 127.1232).

NOTE - Manual Examination of Ballots Before Processing on Automatic Counting Equipment: The central counting station manager shall direct the manual examination of all electronic voting system ballots to ascertain whether the ballots can be processed in the usual manner or if the ballots need to be duplicated to clearly reflect the voter’s intent. (Sec. 127.125) .

NOTE - Testing of Tabulating Equipment: The second test of automatic tabulating equipment used for counting ballots at a central counting station must be conducted immediately before the counting of ballots with equipment begins. The third test must be conducted immediately after the counting is completed. (Secs. 127.093, 127.097, 127.098). See Note 15

Transfer of Provisional Ballots to Voter Registrar Election Night: The county voter registrar may take possession of the ballot box(es) or transfer case(s) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used) on election night (instead of on the next business day) by informing the custodian of election records and posting a notice of such election night transfer no later than 24 hours before election day. Under this type of delivery, the voter registrar must go to the office of the custodian and pick up the ballot box(es) or transfer case(s) and associated forms. (Sec. 65.052; 1 T.A.C. §§ 81.172 – 81.174 & 81.176). See Verification of Provisional Ballots and Serial Numbers (PDF).

After the polling place is officially closed and the last person has voted, the presiding judge may from time to time make an unofficial announcement of the total number of votes counted for each candidate and/or for or against each proposition in the order that they appear on the ballot. (Sec. 65.015(a)). The announcement shall be made at the entrance to the polling place. (Sec. 65.015(c)).

NOTE - The authority conducting the election may require or prohibit such announcements. (Sec. 65.015(b)). Unofficial election results must be released by the central counting station as soon as they are available after the polls close, but the presiding judge of the central counting station, in cooperation with the county election officer, may choose to withhold the release of vote totals until the last voter has voted. (Sec. 127.1311).

NOTE - Precinct Election Returns: Precinct election returns are delivered to the appropriate authorities after completion. (Secs. 66.053(a), 127.065, 127.066, 127.067).

Last day to post notice of governing authority’s meeting to canvass returns of election if canvass is to take place on Friday, November 10, 2023 (3rd day after election). (Sec. 67.003(b)). This notice must be posted at least 72 hours before the scheduled time of the meeting. (Secs. 551.002, 551.041, 551.043, Texas Government Code).

NOTE - Section 67.003 provides that, except as provided by Section 67.003(c), each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority’s presiding officer not later than the 11th day after election day and not earlier than the later of:

  1. the third day after election day;
  2. the date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or
  3. the date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States.

Counties, Cities, and School Districts: Section 65.016 of the Code provides for election results information which must be posted on county, city, and school district websites. A county that holds an election or provides election services for an election for a public entity must post certain information regarding election results on their website after the election. A city or independent school district that holds an election and maintains an Internet website must also post certain information on their website related to election results, even if the county is also posting. All entities must post the required information as soon as practicable after the election. The required information includes:

  1. the results of each election;
  2. the total number of votes cast;
  3. the total number of votes cast for each candidate or for or against each measure;
  4. the total number of votes cast by personal appearance on election day;
  5. the total number of votes cast by personal appearance or mail during the early voting period; and
  6. the total number of counted and uncounted provisional ballots cast. (Sec. 65.016)

We recommend that election results information remain posted on the entity’s main page (or within two clicks of the main page) at least until the next election, and that the information continues to be available for the full 22-month retention period for election records. Entities may choose to make older election results information available on their website. See Note 3.

Counties with a Population of 250,000 or more : Per Section 127.009 of the Election Code, counties with a population of 250,000 or more must forward a copy of the audit logs from the central counting station to the Secretary of State no later than the fifth day after voting is completed. The information may be forwarded to the Secretary of State by email, use of a thumb drive, or by mail.

Wednesday, November 8, 2023 (1st business day after election day)

5:00 p.m. – Deadline to receive “late domestic ballots” mailed within the United States from non-military voters and from any military voters who submitted an Application for Ballot by Mail (“ABBM”) (not a Federal Post Card Application – “FPCA”), if the carrier envelope was placed for delivery by mail or common or contract carrier AND bears a cancellation mark of a postal service or a receipt mark of a common or contract carrier or a courier indicating a time not later than 7:00 p.m. at the location of the election on election day, November 7, 2023. (Secs. 86.007, 101.057, 101.001) A late domestic ballot cannot be counted if it does not bear a cancellation mark or a receipt mark.

NOTE - Because of the deadline to receive “late domestic ballots” it is imperative that you check your mail at 5:00 p.m.

NOTE - Section 86.007 provides that a marked ballot voted by mail that a voter received due to submitting an ABBM may arrive at the address on the carrier envelope not later than 5:00 p.m. on the day after election day, if the carrier envelope was placed for delivery by mail or common or contract carrier from within the United States and bears a cancellation mark of a postal service or a receipt mark of a common or contract carrier or a courier from not later than 7:00 p.m. at the location of the election on election day.

NOTE - This deadline does not apply to ballots sent by non-military voters who are overseas but applied for a ballot using an ABBM; these voters have until the 5th day after election day to return their ballots (or the next business day if the 5th day falls on a weekend or legal state or federal holiday). This deadline also does not apply to ballots mailed (domestically or from overseas) by certain members of the military who applied for a ballot using an FPCA, as well as members of the Texas National Guard or the National Guard of another state, or members of the Reserves, as well as their spouses and dependents; those voters have until the 6th day after election day to return their ballots. See entry for Monday, November 13, 2023.

Unless the county voter registrar has already taken possession of the provisional ballots prior to this date, the general custodian of election records must deliver the ballot box(es) or transfer case(s) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used), along with the Summary of Provisional Ballots and the List of Provisional Voters for each precinct to the voter registrar by this day. The general custodian of election r ecords makes this delivery to the voter registrar during the voter registrar office’s regular business hours. (Secs. 65.052, 65.053; 1 T.A.C. §§ 81.172 – 81.174 & 81.176).

NOTE for Political Subdivisions Located in More than One County: A political subdivision will have to make delivery of the provisional ballots and forms to the county voter registrar in each county in which the political subdivision is located. (1 T.A.C. §§ 81.172 – 81.174).

NOTE - If the county voter registrar wants to take possession of the provisional ballots and forms on election night (Tuesday, November 7, 2023), the county voter registrar must inform the custodian of the election records and post a notice of the transfer no later than 24 hours before election day. However, under this type of delivery, the county voter registrar must go to the custodian of election records office and pick up the provisional ballots and forms. Also, note that the county voter registrar may take possession of provisional ballots prior to election night if ballots are kept separate and may be provided without unlawful entry into ballot box. (1 T.A.C. §§ 81.172 – 81.174).

Friday, November 10, 2023 (3rd day after election day)

Last day to begin the partial manual count for districts using electronic voting systems. This is the last day to begin manual recount of ballots in three precincts or one percent of precincts, whichever is greater, (Sec. 127.201(a), (g)). The count must be completed not later than the 21st day after election day. Results of the manual count must be delivered to the Secretary of State not later than the 3rd day after the manual count is completed. (Sec. 127.201(e)) . No partial manual count needs to be done of ballots cast on DRE voting machines. (Sec. 127.201(g)). For additional information on the partial manual count, please see Tex. Sec’y of State Election Advisory No. 2018-30.

The first possible day to conduct the official local canvass of returns by the governing authority of the political subdivision. However, the canvass may not be conducted until the early voting ballot

board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election, AND counted all timely received mailed domestic ballots cast from addresses within the United States, and all timely received mailed ballots cast from addresses outside the United States. (Secs. 67.003, 86.007). Notice of canvass must be posted at least 72 hours continuously before the canvass is conducted. See Note for Tuesday, November 7, 2023.
NOTE - NEW LAW: HB 5180 (2023, R.S.) amended Section 1.012 of the Code, effective September 1, 2023, to provide that on the first day after the final canvass of an election is completed, the general custodian of election records shall make images of voted ballots and cast vote records available for public inspection. See Note 23.

NOTE - Officially-canvassed returns for the state constitutional amendment election must be delivered by the county election officer to the Secretary of State within 24 hours of the canvass. (Sec. 67.007(d)).

NOTE - If a recount petition has been filed and a winning candidate’s race is involved in the recount, the certificate of election cannot be issued for that race until the recount has been completed. (Secs. 67.016, 212.0331).

Cities, Schools, and Other Political Subdivisions: First day that newly-elected local officers may qualify and assume the duties of their offices. Please note that the canvass must have been completed before an officer can assume office. (Sec. 67.016). If a political subdivision was able to cancel its election, this is the first day its elected officials can take the oath of office and be issued a certificate of election. (Secs. 2.053(e), 67.003, 67.016). For information on who can administer an oath, please see Chapter 602 of the Government Code.

NOTE - This does not apply to officers of a Type A general law city. See entry at Monday, November 13, 2023.

Monday, November 13, 2023 (first business day after 5th day after election day; 6th day after election day)

NOTE - Last day a voter may come to the early voting clerk’s office in person to correct certain defects on their carrier envelope. (Secs. 87.0271, 87.0411). See Note 18.

First day that newly-elected officers of Type A general law city may qualify and assume duties of office. (Sec. 22.006, Local Government Code). But see NOTE, below.

NOTE - Council members may take office anytime following the canvass . Section 22.006 of the Texas Local Government Code states that a newly-elected municipal officer of a Type A city may exercise the duties of office beginning the fifth day after the date of the election, excluding Sundays. However, no newly elected official may qualify for office before the official canvass of the election has been conducted (or would have been conducted, in the event of a cancelled election). Section 22.036 of the Texas Local Government Code further requires that the newly-elected governing body of the municipality “meet at the usual meeting place and shall be installed.”

NOTE - If a recount petition has been filed and a winning candidate’s race is involved in the recount, the certificate of election cannot be issued for that race until the recount has been completed. (Secs. 67.016, 212.0331).

NOTE - If a Type A municipal officer-elect fails to qualify for office within 30 days after the date of the officer’s election, the office is considered vacant. (Sec. 22.007, Local Government Code). See entry for December 7, 2023.

Last day to receive ballots from non-military and any military voters casting ballots from outside of the United States, who submitted an ABBM (not an FPCA) AND who placed their ballots in delivery by 7:00 p.m. on election day, Tuesday, November 7, 2023, as evidenced by a postal service cancellation mark or a receipt mark of a common or contract carrier or a courier (Secs. 86.007, 101.057, 101.001). A late overseas ballot sent by a voter who applied for a ballot using an ABBM (not an FPCA) cannot be counted if it does not bear a cancellation mark or a receipt mark. The deadline is extended to the next regular business day, which is Monday, November 13, 2023, due to the 5th day falling on a Sunday. (Secs. 1.006, 86.007(d-1)).

NOTE - Section 86.007 provides that a marked ballot voted by mail from outside of the United States by a voter who received the ballot due to submitting an ABBM is considered timely if it is received at the address on the carrier envelope not later than the fifth day after the date of the election. Further, the delivery is considered timely if the carrier envelope or, if applicable, the envelope containing the carrier envelope is properly addressed with postage or handling charges prepaid and bears a cancellation mark of a recognized postal service or a receipt mark of a common or contract carrier or a courier indicating a time by 7:00 p.m. on election day.

Last day to receive ballots from non-military voters casting ballots from overseas, who submitted a FPCA, AND who placed their ballots in delivery by 7:00 p.m. on election day, Tuesday, November 7, 2023. (Sec. 86.007(d), (e)). The deadline is extended to the next regular business day, which is Monday, November 13, 2023, due to the 5th day falling on a Sunday. (Secs. 1.006, 86.007(d-1)).

Last day to receive carrier envelopes mailed domestically (within the United States) OR overseas from voters who submitted a FPCA AND who are members of the armed forces of the United States, or the spouse or a dependent of a member of the armed forces, members of the merchant marines of the United States, or the spouse or a dependent of a member of the merchant marine, members of the Texas National Guard, or the spouse or a dependent of a member of the Texas National Guard, a member of the National Guard of another state, or the spouse or a dependent of a member of the National Guard of another state, or members of the Reserves, or the spouse or a dependent of a member of the Reserves. (Secs. 101.057, 101.001).

NOTE - Section 101.057 provides that carrier envelopes mailed domestically or overseas from certain military voters (members of the armed forces of the United States, or the spouse or a dependent of a member of the armed forces, members of the merchant marines of the United States, or the spouse or a dependent of a member of the merchant marine, members of the Texas National Guard, or the spouse or a dependent of a member of the Texas National Guard, a member of the National Guard of another state, or the spouse or a dependent of a member of the National Guard of another state, or members of the Reserves, or the spouse or a dependent of a member of the Reserves) who submitted a Federal Post Card Application (FPCA) may arrive on or before the 6th day after election day. (Secs. 86.007, 101.057, 101.001).

NOTE - The carrier envelope or, if applicable, the envelope containing the carrier envelope sent by the members listed above who applied to vote by mail using the FPCA does NOT need to bear a cancellation or receipt mark in order to be counted.

Deadline for ID related provisional voter to (1) present acceptable photo identification to county voter registrar; or (2) if the voter does not possess and cannot reasonably obtain acceptable photo identification, follow the Reasonable Impediment Declaration procedure at the county voter registrar; or (3) execute an affidavit relative to “natural disaster” or “religious objection” in presence of county voter registrar, if applicable; or (4) qualify for the disability exemption, if applicable, with the county voter registrar. (Secs. 65.054, 65.0541).

Deadline for voter registrar to complete the reviewof provisional ballots. (1 T.A.C. § 81.175(a)(1)).

Thursday, November 16, 2023 (9th day after election day)

Deadline for custodian of election records or presiding judge of the early voting ballot board to retrieve provisional ballots from county voter registrar. (Sec. 65.051(a)).

Last day for early voting ballot board to convene to qualify and count the following ballots addressed below.

  1. any late domestic ballots (from non-military and from any military voters who submitted an ABBM) that bear a cancellation mark or receipt mark indicating they were placed for delivery by mail or common or contract carrier not later than 7:00 p.m. on election day, November 7, 2023, and were received not later than 5:00 p.m. on the first business day after election day, on Wednesday, November 8, 2023. (Secs. 86.007(a), 87.125(a)).
  2. any late ballots that were submitted from outside the United States by voters who applied for the ballot using an ABBM or by non-military voters who applied for the ballot using an FPCA, and which were received by the 5th day after election day, Monday, November 13, 2023. The deadline is extended to the next regular business day, which is Monday, November 13, 2023, due to the 5th day falling on a Sunday. (Secs. 1.006, 87.125(a), 86.007(d)).
  3. any ballots received by the 6th day after election day, Monday, November 13, 2023, from voters who are members of the armed forces of the United States, or the spouse or a dependent of a member of the armed forces, members of the merchant marines of the United States, or the spouse or a dependent of a member of the merchant marine, members of the Texas National Guard, or the spouse or a dependent of a member of the Texas National Guard, a member of the National Guard of another state, or the spouse or a dependent of a member of the National Guard of another state, or members of the Reserves, or the spouse or a dependent of a member of the Reserves, and who applied for a ballot using an FPCA. (Secs. 101.057, 87.125(a)).
  4. any provisional ballots that have been reviewed by the voter registrar. (Sec. 65.051(a)) .
  5. ballots contained in defective carrier envelopes corrected by voters. (Sec. 86.011(d)).

NOTE - Ballots that do not qualify under 1-3 above should be treatedas ballots not timely returned and should not be delivered to the ballot board.

NOTE - If the early voting ballot board needs to meet after this date, it will require a court order to do so. The time the board reconvenes is set by the presiding judge of the early voting ballot board. (Secs. 86.007(d), 87.125).

NOTE - Section 65.0581 provides that provisional voting records do not become public information until after the provisional ballots and other voting records have been delivered back to the custodian of election records. (Sec. 65.0581).

NOTE - The presiding judge of the central counting station to provide and attest to a written reconciliation (PDF) of votes and voters at the close of tabulation for election day and again after the central counting station meets for the last time to process late-arriving ballots by mail and provisional ballots. (Sec. 127.131). See Note 19 on Reconciliation.

Friday, November 17, 2023 (10th day after election day)

Last day for the presiding judge of the early voting ballot board to mail Notice of Rejected Ballot (PDF) to voters whose mail ballots were rejected. (Sec. 87.0431).

Monday, November 20, 2023 (13th day after election day; 10th day after first possible canvass date)

Last day for official canvass of returns by governing authority of political subdivision. Because the last day falls on Saturday, November 18, 2023, the deadline is extended to Monday, November 20, 2023. (Secs. 1.006, 67.003)

NOTE - NEW LAW: HB 5180 (2023, R.S.) amended Section 1.012 of the Code, effective September 1, 2023, to provide that on the first day after the final canvass of an election is completed, the general custodian of election records shall make images of voted ballots and cast vote records available for public inspection. See Note 23.

NOTE - Officially-canvassed returns for the state constitutional amendment election must be delivered by the county election officer to the Secretary of State within 24 hours of the canvass. (Sec. 67.007(d)).

NOTE - If a recount petition has been filed and a winning candidate’s race is involved in the recount, the certificate of election cannot be issued for that race until the recount has been completed. (Secs. 67.016, 212.0331).

Last day for the presiding judge of the early voting ballot board to mail Notice of Outcome to Provisional Voter (PDF) to provisional voters if the local canvass was held on Friday, November 10, 2023, the first day of the canvass period. Such notices must be delivered to provisional voters by the presiding judge no later than the 10th day after the local canvass (Sec. 65.059; 1 T.A.C. § 81.176(e)).

Tuesday, November 21, 2023 (14th day after election day)

NOTE - NEW LAW: HB 5180 (2023, R.S.) amended Section 1.012 of the Code, effective September 1, 2023, to provide that on the first day after the final canvass of an election is completed, the general custodian of election records shall make images of voted ballots and cast vote records available for public inspection. See Note 23.

Wednesday, November 22, 2023 (15th day after election day)

First day that the Governor may conduct the state canvass of the state constitutional amendment election. (Sec. 67.012).

Tuesday, November 28, 2023 (21st day after election day)

Last day to complete the partial manual count. (Sec. 127.201(a)).

Thursday, November 30, 2023 (23rd day after election day)

Last day for the presiding judge of the early voting ballot board to mail Notice of Outcome to Provisional Voter (PDF) to provisional voters if the local canvass was held on Monday, November 20, 2023, the last day of the canvass period. (Sec. 65.059; 1 T.A.C. § 81.176(e)). Such notices must be delivered to provisional voters by the presiding judge no later than the 10th day after the local canvass.

December

Thursday, December 7, 2023 (30th day after election day)

If a Type A municipal officer-elect fails to qualify for office within 30 days after the date of the officer’s election, the office is considered vacant. (Sec. 22.007, Local Government Code). Last day for governor to conduct the state canvass for the state constitutional amendment election. (Sec. 67.012).
Last day to file electronic precinct-by-precinct returns with the Secretary of State. (Sec. 67.017).

NOTE - Local political subdivisions no longer have to submit this information to the Secretary of State.

Last day for the general custodian of election records to electronically submit to the Secretary of State the record of each voter participating in the election. (Sec. 18.069).

Sunday, December 17, 2023 (40th day after election day)

Last day of the period for mandatory office hours. See entry for Monday, September 18, 2023. (Sec. 31.122).

January

Monday, January 1, 2024 (1st day after the end of the calendar year in which the election was held)

First day that surveillance video of areas containing voted ballots from the November 7, 2023 election may be destroyed IF there is no unresolved election contest.

NOTE - Section 127.1232 provides that in counties with a population of 100,000 or more (or political subdivisions contracting with a county with a population of 100,000 or more), the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. (Sec. 127.1232). Tex. Sec’y of State Election Advisory No. 2022-10.

Sunday, January 7, 2024 (61st day after election day)

NOTE - NEW LAW: HB 5180 (2023, R.S.) amended Section 1.012 of the Code, effective September 1, 2023, to provide that on the 61st day after election day, the general custodian of election records shall make the original voted ballots available for public inspection. First day that ballot box(es) may be unlocked and its voted ballots may be transferred to another secure container for the remainder of the preservation period. (Sec. 66.058(b))

NOTE - Our office recommends that the county elections office work closely with its county attorney and its public information division in ensuring that records have been properly redacted before being made publicly available. Please direct any questions about the procedures for responding to a public information request, including the timeframes for such responses, to the Office of the Attorney General via its Open Government Hotline, (877) OPEN TEX (673-6839). See Note 23.

NOTE - For guidance on retention of electronic voting system media, please see Tex. Sec'y of State Election Advisory No. 2019-23.

2024 and 2025

Monday, September 8, 2025 (day after 22 months after November 7, 2023 election day)

Contents of ballot box(es) may be destroyed IF no contest or criminal investigation has arisen (Secs. 1.013, 66.058), and IF no open records request has been filed (Tex. Att’y Gen. ORD-505 (1988)).

ALL election records must be preserved for 22 months from election day, even when there is no federal office on the ballot. (Sec. 66.058).

Notable Exceptions:

Permanent Records: Election results must be permanently maintained in the election register. (Sec. 67.006).
Electronic Voting Systems: See advisories on our website for preservation procedures for electronic voting systems. See Tex. Sec’y of State Election Advisory No. 2019-23.

Saturday, November 8, 2025 (day after two Years after November 7, 2023 election day)

NOTE - Retention of Voter Registration List: County voter registrar must maintain copy of each voter list prepared for each countywide election for 2 years (24 months) after election day. (Sec. 18.011).

NOTE - Retention of Candidate Applications: Candidate applications must be retained by the governing body for two years after date of election. (Sec. 141.036).