Election Advisory No. 2025-13
| To: | All Election Officials | |
| From: | Christina Adkins, Director of Elections |
 |
| Date: | September 15, 2025 | |
| RE: | Election Precincts and Polling Places (SB 985) | |
Introduction
This advisory is intended to advise counties of changes in the law passed during the 89th Regular Session (2025) regarding county election precincts and polling places. Additionally, this advisory will provide explanation and guidance on the new law and questions that may arise from these changes.
All statutory references in this advisory are to the Texas Election Code (“the Code”), unless otherwise indicated.
Types of Election Precincts
County Election Precincts
Section 42.001 requires the commissioners court in each county to divide all the territory of the county into county election precincts. County election precincts must be compact, contiguous, and identified by a number. (Secs. 42.001, 42.004). A county election precinct is the basic unit of voter registration and is often referred to as a “voter registration precinct.”
Election Day Precincts
Generally, each election precinct must be served by a single polling place located within the boundary of the election precinct. (Sec. 43.001). County election precincts may be combined or consolidated in certain elections. The area served by a single polling place, whether it is a single county election precinct or county election precincts that have been combined or consolidated, is often referred to as an “election day precinct.”
Rules Regarding County Election Precincts
Relationship to District, Justice, and Commissioners Precincts
A county election precinct, including a consolidated precinct, may not contain territory from more than one of each of the following types of territorial units:
- A commissioners court precinct;
- A justice of the peace precinct;
- A United States congressional district;
- A state representative district;
- A state senatorial district; or
- A State Board of Education district. (Sec. 42.005).
Population Requirements
A county election precinct must contain at least 100 but no more than 5,000 registered voters. For a county with a population under 100,000, the minimum number of registered voters for a county election precinct is 50. A county with a population under 50,000 may establish a county election precinct that contains fewer than 50 registered voters if the commissioners court receives a written petition, signed by at least 25 registered voters of the county, requesting establishment or continuation of the county election precincts. (Sec. 42.006). In calculating the number of registered voters for a county election precinct, voters on the suspense list are excluded. To the extent of any conflict between these provisions, the prohibition on an election precinct containing territory from more than one specific type of territorial unit prevails over county election precinct population requirements. (Sec. 42.005(b)).
Combining Incorporated and Unincorporated Territory
A commissioners court may not establish a county election precinct that contains both territory inside a city with a population of 10,000 or more and territory outside of the city. However, the commissioners court may establish a county election precinct containing both types of territory if the commissioners court determines that either of the two areas: (1) cannot constitute a separate election precinct of suitable size or shape containing the permissible number of voters; or (2) cannot be combined with other territory on the same side of the city boundary to form a suitable sized or shaped county election precinct containing the permissible number of voters without causing another county election precinct to fail to meet those requirements. (Sec. 42.007).
Consolidating Precincts
In a special election where the use of county elections 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. (Sec. 42.008). Additionally, in a primary election, the county executive committee of a party may order two or more county election precincts to be consolidated into a single precinct. (Sec. 42.009). If precincts are consolidated, the precinct election records for the consolidated precinct are reported as a single election precinct. The polling place for a consolidated precinct must be located so that it will adequately serve the voters of the precinct. If precincts are consolidated for a countywide election, at least one consolidated precinct must be situated wholly within each commissioners precinct. (Sec. 42.008(b)).
Combining Precincts (Senate
NEW LAW: Senate Bill 985 (89th Leg., R.S., 2025) amended Section 42.0051 of the Code, effective September 1, 2025, to create two distinct methods of combining county election precincts.
Population Based Combination
If changes to county election precincts from a redistricting plan result in county election precincts with fewer than 3,000 registered voters, then the county commissioners court in a general or special election or the county executive committee in a primary election may combine county election precincts to avoid unreasonable expenditures for election equipment, supplies, and personnel. If county election precincts are combined under this method, the combined precinct may not contain more than 5,000 registered voters.
No Suitable Polling Place
Additionally, in a county that does not participate in the countywide polling place program, the county commissioners court in a general or special election or the county executive committee in a primary election may combine county election precincts if a suitable polling place under Section 43.031 of the Code cannot be secured and the location of the polling place for the combined precinct adequately serves the voters of that combined precinct. If county election precincts are combined under this method, the combined precinct may not contain more than 10,000 registered voters.
A combined election precinct is considered a single county election precinct for the purposes of assigning presiding and alternate presiding judges, and the judges must be appointed in accordance with Chapter 32 of the Code.
Precinct election records for a combined precinct are reported separately and separate paperwork is kept for each precinct within the combined precinct. County election precincts may not be combined if: (1) the combined precinct results in a dilution of voting strength of a group covered by the federal Voting Rights Act (42 U.S.C. § 1973c); (2) the combined precinct results in a dilution of representation of a group covered by the Voting Rights Act in any political or electoral process or procedure; or (3) the combined precinct results in discouraging participation by a group covered by the Voting Rights Act in any political or electoral process or procedure because of the location of a polling place or other factors. (Sec. 42.0051(e)).
Consolidating Precincts Versus Combining Precincts
As noted above, combining election precincts and consolidating election precincts are two distinct procedures. The following chart identifies key differences in these two provisions:
| Combining Election Precincts (Sec. 42.0051) |
Consolidating Election Precincts (Secs.42.008, 42.009) | ||
|---|---|---|---|
Description |
If as a result of redistricting, a county election precinct is left with fewer than 3,000 voters, the county may combine the precinct with another county election precinct. |
If a suitable public building cannot be secured as a polling place. |
In a special election ordered by the Governor or a primary election, a county election precinct may be consolidated with another county election precinct. |
Purpose |
To avoid unreasonable expenditures for election equipment, supplies, and personnel. |
Avoid additional expenditures in certain elections. |
|
Limitation
|
A combined precinct cannot contain more than 5,000 registered voters. |
A combined precinct cannot contain more than 10,000 registered voters. |
May not consolidate in such a manner that does not provide polling places that adequately serve voters. |
Not available for countywide counties. |
|||
Elections |
General Election, Primary Election, Special Election |
Special Election, Primary Election |
|
Different Ballot Styles? |
Yes. |
No. |
|
Records and Results |
Records and results must be maintained and reported separately for each county election precinct within the combined precinct. |
Records and results must be maintained and reported by consolidated precinct. |
|
Required Use of County Election Precincts
Section 42.002 of the Code requires the use of county election precincts for the following elections:
- General election for state and county officers;
- Special election ordered by the Governor;
- Primary election;
- Countywide election ordered by a county authority; and
- Election held by a political subdivision on the November uniform election date.
For political subdivisions holding their elections in November that are located in a county participating in the countywide polling place program, the required use of county election precincts means that the political subdivision must have a presence at every countywide polling place in the county regardless of whether a polling location is within the boundaries of the political subdivision. (Secs. 42.002, 43.004, 43.007(e)). However, the political subdivision is permitted to designate only the polling places located in or near the political subdivision for any resulting runoff election. (Sec. 43.004). Local political subdivisions holding their elections on the May uniform election date are not required to use county election precincts and county polling places, but may choose to do so. This is the case even if the county itself is also holding an election on the May uniform election date. (Secs. 42.002, 42.061, 43.004, 43.007(e)).
The following chart is helpful for determining if county election precincts may be consolidated or combined when the county election precincts are required to be used:
| Type of Election | Required Use of County Election Precincts? | Can County Election Precincts be Consolidated/Combined? | Who Makes the Determination? |
|---|---|---|---|
General Election for State and County Officers (November even-numbered year)
|
Yes, including elections of other political subdivisions.
|
Consolidate: No. May only consolidate in special/primary elections. Combine: Yes. If redistricting results in precincts with fewer than 3,000 registered voters and combining is necessary to avoid unreasonable expenditures. Counties that do not participate in the countywide polling place program may also combine precincts if a suitable polling location cannot be secured. |
County commissioners court
|
Special Election ordered by the Governor (e.g., constitutional amendment election)
|
Yes, including elections of other political subdivisions.
|
Consolidate: Yes. Combine: Yes. If redistricting results in precincts with fewer than 3,000 registered voters and combining is necessary to avoid unreasonable expenditures. Counties that do not participate in the countywide polling place program may also combine precincts if a suitable polling location cannot be secured. |
County commissioners court
|
Primary Election
|
Yes.
|
Consolidate: Yes. Combine: Yes. If redistricting results in precincts with fewer than 3,000 registered voters and combining is necessary to avoid unreasonable expenditures. Counties that do not participate in the countywide polling place program may also combine precincts if a suitable polling location cannot be secured. |
County executive committee, except in a joint primary the county election officer makes the determination
|
Countywide Election ordered by county authority
|
Yes.
|
Consolidate: Yes. Combine: Yes. If redistricting results in precincts with fewer than 3,000 registered voters and combining is necessary to avoid unreasonable expenditures. Counties that do not participate in the countywide polling place program may also combine precincts if a suitable polling location cannot be secured. |
County commissioners court
|
May Uniform Election |
Political subdivisions not required to use county election precincts or polling places. |
N/A |
N/A |
Primary Runoff Election |
Yes. |
Consolidate: Yes. Combine: Yes. If redistricting results in precincts with fewer than 3,000 registered voters and combining is necessary to avoid unreasonable expenditures. Counties that do not participate in the countywide polling place program may also combine precincts if a suitable polling location cannot be secured. |
County executive committee, except in a joint primary the county election officer makes the determination |
Polling Places
Generally, each election precinct established for an election shall be served by a single polling place located within the election precinct. (Sec. 43.001). The exceptions to this general rule are polling places established under the countywide polling place program as well as polling places established for consolidated and combined election precincts.
For a general or special election in which the use of county election precincts is required, the county election officer recommends the location of the polling place for each county election precinct and the commissioners court designates each recommended location unless there is good cause to reject the recommendation. If the commissioners court rejects the county election officer’s recommended location, the commissioners court must designate an alternate location. (Sec. 43.002(a)). In a county with a population of more than 175,000, the commissioners court may not designate a polling location that would require a voter to travel more than 25 miles from the voter’s residence to the polling place. (Sec. 43.002(c)). For a primary election, the county chair designates the location of the polling place for each election precinct. However, if the precinct is consolidated, the county executive committee designates the polling location. (Sec. 43.003).
The following chart is helpful in determining who selects the polling places in a particular election:
| Type of Election | Who Selects Election Day Polling Places? |
|---|---|
General Election for State and County Officers (November even-numbered year) |
County election officer recommends the location of the polling place for each county election precinct. Commissioners court MUST designate the recommended locations UNLESS there is good cause to reject the recommendation. If commissioners court rejects a location, the court designates another location. |
Special Election requiring the use of county election precincts (ordered by the Governor or countywide election ordered by county judge or commissioners court) |
County election officer recommends the location of the polling place for each county election precinct. Commissioners court MUST designate the recommended locations UNLESS there is good cause to reject the recommendation. If commissioners court rejects a location, the court designates another location. |
Other Elections held on November Uniform Election Date (elections held by a political subdivision) |
County election officer recommends the location of the polling place for each county election precinct. Commissioners court MUST designate the recommended locations UNLESS there is good cause to reject the recommendation. If commissioners court rejects a location, the court designates another location. |
Primary Election and Primary Runoff Election |
The county chair of the political party holding the primary election designates the location of the polling place for each election precinct. If precincts have been consolidated for the primary, the county executive committee of the party designates the location. |
May Uniform Election |
The governing body of each political subdivision designates the location of the polling places. |
Each polling place must be located inside a building. The selected building must be a public building, if practicable. An entity that owns or controls a public building must make the building available for use as a polling place in any election that covers territory where the building is located. If a suitable public building is unavailable, a polling place may be located in any other building. (Sec. 43.031).
Electioneering must be permitted on the building’s premises outside of the 100-foot area. A building prohibiting electioneering outside of the 100-foot area may only be used if it is the only building available as a polling place in the election precinct. (Sec. 43.031). Please note that electioneering and loitering are prohibited within 20 feet of any designated curbside voting parking spaces and would include any area within that 20-foot range that would otherwise be located outside the 100-foot area. (Secs. 61.003, 85.036).
Polling places may not be located at the residence of a candidate for elective office (including a party office) or the residence of a relative (within the third degree by consanguinity or the second degree by affinity) of a candidate for elective office. (Sec. 43.031). Additionally, if a public building is unavailable for use as a polling place in a county election precinct, the commissioners court may purchase or construct a building for use as a polling place in the precinct. (Sec. 43.032).
The entity that owns or controls a public building may not impose a charge for the use of a public building as a polling place if the day of the election is a day on which the building is normally open for business. This includes any charge for personnel, utilities, or other expenses incurred before or after regular business hours. However, if the day of the election is a day that the building is not normally open for business, a charge may be made only for the reimbursement of actual expenses resulting from the use of the building in the election. (Sec. 43.033).
Counties Participating in the Countywide Polling Place Program
Section 43.007(f) of the Code requires counties participating in the countywide polling place program to establish a total number of countywide polling places that is at least 50% of the number of precinct polling places that would otherwise be located in the county for a particular election. In a county’s first year participating in the program, the number of required countywide polling places is at least 65% of the number of precinct polling places that would otherwise be located in the county for a particular election. Our office advises counties participating in the countywide polling place program that the percentage for the minimum number of required countywide polling places would take into account consolidated and combined precincts for an election. Additionally, a county that is participating in the countywide polling place program must ensure that there is at least one countywide polling place in each commissioners court precinct and that the total number of polling places open for voting in a commissioners court precinct does not exceed more than twice the number of polling places in another commissioners court precinct. (Sec. 43.007(m)).
The following is an example of how consolidation and combination of county election precincts would work in a county that is participating in the countywide polling place program: County A has 100 voter registration precincts. For an upcoming election, the county plans to consolidate election precincts. Additionally, the county can combine county election precincts due to redistricting plans resulting in the county having voter registration precincts with less than 3,000 voters and in order to avoid unreasonable expenditures for election equipment, supplies, and personnel. The county consolidates and combines down to 50 election precincts for the upcoming election. The county determines it must establish 25 countywide polling places for the election, which is 50% of the number of precinct polling places that would otherwise be located in the county for this election. The county establishes six countywide polling places in commissioners court precincts 1, 3, and 4 but establishes seven countywide polling places in commissioners court precinct 2. This would be permissible since there is at least one countywide polling place in each commissioners court precinct and no more than twice the number of countywide polling places in one commissioners court precinct as in any other commissioners court precinct.
Local Political Subdivisions Holding Elections on the November Uniform Election Date
As a reminder, in an election held by a political subdivision, other than a county, on the November uniform election date in which the political subdivision is not holding a joint election with a county in accordance with Chapter 271 of the Code or has not executed a contract with a county election officer under which the political subdivision and the county share early voting polling places for the election, the political subdivision must designate as an early voting site one of the early voting sites established by the county that is located in the political subdivision.
Per Section 85.010(b)(2) of the Code, the political subdivision may not designate as an early voting polling place a location other than an eligible county polling place unless each eligible county polling place located in the political subdivision is designated as an early voting place by 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 under Section 85.002 of the Code for the political subdivision making the designation. (Secs. 85.010, 85.002).
Notice Requirements
The authority responsible for giving notice of an election must provide a Notice of Consolidated Precinct (Form 7-49) which includes the location of the polling place in the consolidated precinct. The notice must be posted at the polling place used in the preceding general election no later than the 10th day before election day and must remain posted continuously through election day. (Sec. 4.003(b)). This form can be found in the Elections Forms Index.
In a general election or special election ordered by the Governor or the county judge, if the location of a polling place changes after the notice of election is given under Section 4.003 of the Code, the county election officer must give notice of the change. Notice of the change must be provided no later than: (1) 24 hours after the location is changed; or (2) 72 hours before the polls open on election day, whichever is earlier. Notice must be given by notifying each candidate whose name will appear on the ballot in the election or by notifying the county chair (in the case of an office filled by voters of more than one county) or by notifying the county judge of the county in which the change occurs (for an independent candidate). Alternatively, the county election officer may provide notice by posting in a listing used specifically to inform the public of changes to the location of a polling place on any Internet website maintained by the county to provide election information. (Sec. 43.061).
If the location that will be used as a polling place for an election precinct is different from the location used for that election precinct in a previous election ordered by the same authority, the authority responsible for giving notice shall post, if possible, a Notice of Change in Polling Place at the entrance to the previous polling place that includes the location of the new polling place. (Sec. 43.062).
The Notice of Four Nearest Countywide Polling Place Locations (by driving distance) must also be posted at each countywide polling place location. (Sec. 43.007(o)). This form can be found in the Elections Forms Index.
Additional Questions
Q: Does the law on combining or consolidating county election precincts apply to early voting?
A: Any combination or consolidation of county election precincts would impact the county’s election day precincts and polling places. Combining or consolidating county election precincts would not impact early voting in the county.
Q: Can a county combine or consolidate down to only one county election precinct in an election?
A: Section 42.005 prohibits the establishment of a county election precinct, including a consolidated precinct, that contains territory from more than one county commissioners court precinct. This means that a county may not consolidate down to any less than four county election precincts, one for each commissioners court precinct. This prohibition does not apply to combined county election precincts. Therefore, a county commissioners court in a general or special election or the county executive committee in a primary election may combine county election precincts if changes to county election precincts from a redistricting plan result in county election precincts with fewer than 3,000 registered voters to avoid unreasonable expenditures for election equipment, supplies, and personnel. If county election precincts are combined under this method, the combined precinct may not contain more than 5,000 registered voters.
Additionally, in a county that does not participate in the countywide polling place program, the county commissioners court in a general or special election or the county executive committee in a primary election may combine county election precincts if a suitable polling place under Section 43.031 of the Code cannot be secured and the location of the polling place for the combined precinct adequately serves the voters of that combined precinct. If county election precincts are combined under this method, the combined precinct may not contain more than 10,000 registered voters. In a county with a population of more than 175,000, the commissioners court may not designate a polling location that would require a voter to travel more than 25 miles from the voter’s residence to the polling place. County election precincts may be combined as necessary and could result in one county election precinct, provided all requirements for combination of the election precincts are met.
Q: Can a county combine or consolidate across county commissioner court precinct lines?
A: As mentioned, Section 42.005 prohibits the establishment of a county election precinct, including a consolidated precinct, that contains territory from more than one county commissioners court precinct. Therefore, a consolidated county election precinct may not be established that crosses county commissioner court precinct lines. However, since this prohibition does not apply to a combined election precinct, a county may combine election precincts in different county commissioner court precincts, provided all requirements for combination of the election precincts are met.
Q: Can a county consolidate and combine county election precincts in the same election?
A: County election precincts may only be consolidated in a special election or a primary election. County election precincts may be combined in any election. Therefore, a county can consolidate and combine county election precincts in any special or primary election, provided all requirements for combination of the election precincts are met.
Q: Can more than two county election precincts be combined or consolidated?
A: Yes. Sections 42.008 and 42.009 allow a county to consolidate “two or more county election precincts” in a special or primary election in which the use of county election precincts is required. Similarly, Senate Bill 985 amends Section 42.0051 to “combine county election precincts” without a restriction on the number of precincts that may be combined. Therefore, more than two county election precincts may be combined or consolidated under the Election Code.
Q: Can a precinct with more than 3,000 registered voters be combined with another election precinct under Senate Bill 985?
A: Senate Bill 985 allows the county commissioners court in a general or special election or the county executive committee in a primary election to combine county election precincts in order to avoid unreasonable expenditures for election equipment, supplies, and personnel so long as the county has county election precincts with fewer than 3,000 registered voters as a result of changes to county election precincts made due to a redistricting plan. If the county has election precincts with fewer than 3,000 registered voters, the county can combine any county election precincts within the county, even county election precincts with more than 3,000 registered voters, as long as no combined precinct contains more than 5,000 registered voters.
Q: Can a county that is participating in the countywide polling place program switch back to precinct-based voting for an election?
A: Section 43.007 allows the commissioners court of each county participating in the countywide polling place program to eliminate county election precincts and establish countywide polling places for designated elections. While the Election Code permits the county to establish countywide polling places if the county is participating in the program, the Code does not require the county to establish countywide polling places for the designated elections. This means that a county is still permitted to use precinct-based voting in an election if the county chooses to do so.
If you have any questions or situations that are not covered by this advisory, please do not hesitate to contact the Elections Division toll-free at 1-800-252-2216.
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