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Election Advisory No. 2025-23

To: All Election Officials
From: Christina Adkins, Director of Elections
Christina Adkins signature
Date: December 02, 2025
RE: 2026 Opportunities to Use Countywide Polling Places and Countywide Polling Place Program FAQs

The purpose of this advisory is to answer general questions regarding the countywide polling place program (“the program”) and to provide deadlines and other pertinent dates regarding the submission of county applications to participate in the program for the March 3, 2026 Primary Election Date, as well as the May 2, 2026 and November 3, 2026 Uniform Election dates.

All statutory references in this advisory are to the Texas Election Code (“the Code”), unless otherwise indicated.

Background: Under Section 43.007(i) of the Texas Election Code, the Secretary of State may select six counties with a population of 100,000 or more and four counties with a population of less than 100,000 for participation in the program for an election. Please note that Senate Bill 2753 (89th Leg., R.S.)—which repealed Section 43.007(i) of the Code—will apply to elections ordered after the Secretary of State’s Office publishes a report and procedures relating to the implementation of SB 2753.

Under Section 43.007 of the Code, the Secretary of State must select each county to participate in the program that: (1) meets the technological requirements; (2) has held a public hearing on participation in the program; and (3) has submitted an application with the required documentation. The Secretary of State may determine that a county’s participation in the program was “successful” following one election under the program. Once designated as “successful,” that county may continue to use the program for subsequent elections. Note that counties that have previously participated in the program, but have not been formally granted a “successful” designation in writing by the Secretary of State, must reapply to use the program for each subsequent election.

Eligible counties may apply to use countywide polling places in the following elections: (1) any election required to be conducted by a county; (2) any election held as part of a joint election agreement with a county under Chapter 271 of the Code; (3) any election held under contract for election services witha county under Subchapter D, Chapter 31 of the Code; (4) each primary election and runoff primary election; and (5) each election of a political subdivision located in the county that is held jointly with an election described by Subdivision (3) or (4).

Please note that for each primary and runoff primary election, the county may establish countywide polling places if: (a) the county chair or county executive committee of each political party participating in a joint primary election under Section 172.126 of the Code agree to the use of countywide polling places; or (b) the county chair or county executive committee of each political party required to nominate candidates by primary election agrees to use the same countywide polling places. In other words, the countywide polling place program may not be used in a primary election or primary runoff election unless both parties agree to the use of the program for that election. This requirement applies even if the primary and primary runoff elections are held separately. Additionally, if a party chooses to hand-count paper ballots for a primary election or primary runoff election, the countywide polling place program may not be utilized by either party.

Sections 42.002 and 42.0621 of the Code require political subdivisions that hold their elections on the uniform election date in November to use the county election precincts. For political subdivisions located in counties utilizing the countywide polling place program, this requires the political subdivision to establish all countywide polling places being utilized by the county as polling places for the political subdivision’s election, including the countywide polling places located outside of the political subdivision’s boundaries. This requirement applies even in a November election where the political subdivision is conducting its own election and is not contracting or holding a joint election with the county.

This also means that, for political subdivisions located in more than one county and conducting their election on the November uniform election date, the political subdivision will have to establish all countywide polling places in the county or counties participating in the program as polling places for the political subdivision’s election. For this reason, our office recommends that political subdivisions that are located in more than one county communicate with all of those counties about their November election, even if the political subdivision will be conducting its election on its own or contracting with only one county for election services.

Program Frequently Asked Questions

Q: What is required to participate in the program?

A: At a minimum, each county selected to participate in the program must have the following:

Please note that a county that was previously approved to use the countywide polling place program and that wishes to change the voting system configuration that the county was approved to use as part of the program must notify the Secretary of State in writing prior to making the change.

Q: If my county meets the minimum requirements, what is the next step of the process?

A: For tracking purposes, we request that counties file a Notice of Intent to Participate in the Countywide Polling Place Program (Form 25-3) with the Secretary of State’s Office. However, filing an intent does not reserve a spot in the program, and a full application must be received by the Secretary of State’s office by 5:00 p.m. on the deadline provided by the Secretary of State.

Q: What should be included in an application for participation in the program?

A: An application should include the following:

Q: What must the letter to the Secretary of State in the application address?

A: The letter to the Secretary of State in the application must cover the following:

For additional information regarding the certification procedures for electronic pollbooks, please see our advisory here: Election Advisory No. 2023-12 - Texas Certification Procedures for Electronic Pollbooks.

Please also see our voting system advisory here: Election Advisory No. 2019-23 - Electronic Voting System Procedures Advisory.

Q: Is there a notice requirement for the public hearing on use of the program?

A: The hearing is held by the commissioners court, which means that Chapter 551 of the Government Code applies. Specifically, the commissioners court must give written notice of the date, hour, place and subject of the meeting. Notice must be provided in a place readily accessible to the general public at all times and must be provided at least three business days before the scheduled date of the meeting. A copy of the notice provided for the public hearing(s) should be included in the county’s application.

Q: How many countywide polling places should my county have?

A: County election precincts must be in compliance with Section 42.005 (officer line rule), Section 42.006 (population requirements), and Section 42.007 of the Code (combining incorporated and unincorporated territory). Chapter 43 of the Code governs the selection of polling places. Generally, Section 43.001 of the Election Code dictates that each election day precinct established for an election shall be served by a single polling place located within the boundary of the precinct.

The number and location of polling places need to adequately serve the voters so that the county is in compliance with the Voting Rights Act. When making a designation regarding the location of a polling place, the commissioners court of a county with a population of more than 175,000 may not designate a location as a polling place that would require a voter in the precinct to travel more than 25 miles from the voter’s residence to the polling place.

Section 42.0051 of the Code provides that county election precincts may be combined if changes to county election precincts from a redistricting plan result in county election precincts with fewer than 3,000 registered voters. Under those circumstances, 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. This method of combination includes counties that participate in the countywide polling place program. 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. A county participating in the countywide polling place program may not combine election precincts under this method. For additional information, please see our advisory here: Election Advisory No. 2025-13 – Election Precincts and Polling Places (SB 985).

County election precincts may also be consolidated for special elections under Section 42.008 and for primary elections under Section 42.009 of the Code. County election precincts may not be consolidated for the general election for state and county officers. Section 43.007(m) of the Code requires a county participating in the countywide polling place program to have at least one countywide polling place in each commissioners court precinct. Additionally, the total number of polling places open for voting in a commissioners court precinct may not exceed more than twice the number of countywide polling places located in any other commissioners court precinct.

In addition to these requirements, during the first year in which a county participates in the program, the total number of countywide polling places may not be less than 65% of the number of precinct polling places that would otherwise be located in the county for that election. After this, that number drops to no less than 50% of the number of precinct polling places that would otherwise be located in the county for that election. For counties participating in the countywide polling place program, the percentage for the minimum number of required countywide polling places would take into account consolidated and combined precincts for an election.

Please note that Section 85.062(f-1) of the Election Code provides that the location of temporary branch polling places in an election in which countywide polling places are used must be determined with the same methodology that is used for the location of countywide polling places.

For additional information, please see our advisory here: Election Advisory No. 2025-13 – Election Precincts and Polling Places (SB 985).

Q: Who determines where the countywide polling places will be located?

A: In an election under the program, a county must adopt a methodology for determining where each polling place will be located. Some factors to consider in this process include: availability of public transportation to a polling location, population size near the polling location, and availability of a suitable building for a polling place. In addition, the county election authority is advised to consult with the county attorney to ensure compliance with the Voting Rights Act. For this reason, the Secretary of State strongly encourages counties to form vote center advisory committees to obtain feedback on voting locations.

Q: Who would serve on a vote center advisory committee?

A: The vote center advisory committee would consist of members from local political subdivisions, precinct officials and organizations that represent minority voters and voters with disabilities.

Q: How should my county notify voters of the change in polling locations?

A: Pursuant to Section 4.004 of the Code, the notice of election must identify the election day polling places in the county. Section 1.021 of the Code requires that any notice of polling locations, which includes the notice of election, must include more detailed information regarding the polling locations, including: the polling location’s street address, any applicable suite or room number, and any applicable building name.

For counties participating in the countywide polling place program, each countywide polling place location in a county must post a notice of the four nearest countywide polling place locations by driving distance pursuant to Section 43.007 of the Election Code. Additionally, if there is a court order extending voting hours past 7:00 p.m. in a given county, all countywide polling places located in that county shall remain open for the length of time dictated in the court order. Please note, our office created a form that your entity may use as a sample Notice of the Four Nearest Countywide Polling Place Locations (Form 7-51) when posting the information required by Section 43.007 of the Code.

Q: How are judges and clerks appointed for countywide polling locations?

A: Section 32.002 of the Code provides a procedure for the selection of presiding and alternate judges for a countywide polling place. Under this section, the county chairs shall submit a list of names of persons eligible for appointment as election judges to the county commissioners court. The commissioners court must apportion the number of judges for countywide polling places in direct proportion to the percentage of election precincts located in each county commissioners precinct won by each party in the last gubernatorial election.

For example, if the county has 10 county election precincts located in county commissioner precinct #1 and one party won 6 of those 10 precincts in the last gubernatorial election while the other party won 4 of those 10 precincts, there would be a 60% to 40% split of the county election precincts in that county commissioner precinct for the two parties. This means that if the county plans to have five countywide polling places in county commissioner precinct #1, the commissioners court must appoint a presiding judge from the list of the party who won 60% of the county election precincts to three of those five countywide polling places in county commissioner precinct #1 and a presiding judge from the list of the party who won 40% of the county election precincts to the remaining two of the five countywide polling places in county commissioner precinct #1. This is because 60% of five polling places is equal to three polling places and 40% of five polling places is equal to two polling places.

In cases where the application of percentages for countywide polling place judges does not result in a whole number, our office recommends that a county attempt to get as close to the percentages as possible and uniformly apply any resolution method.

Q: Are judges and clerks for countywide polling places required to be registered voters of the county election precinct where that countywide polling place is located?

A: Presiding and alternate judges for countywide polling places are not required to be qualified voters of any particular election precinct, but they must be qualified voters of the county. Additionally, a presiding or alternate judge for a countywide polling place does not have to reside in the election precinct where the countywide polling place is located, and more than one presiding or alternate judge from the same election precinct may be selected to serve on election day.

Q: If the election for my county is cancelled, does notice need to be posted at all countywide polling locations?

A: Yes. Under the Election Code, if an election is not held, notice should be posted on election day at each polling location that would have been used for that election. Under the program, this would mean that notice would be posted at each countywide polling location on election day in the event the election is cancelled.

Q: How does my county apply for “successful” status?

A: Following one election under the program, a county may apply for “successful” status with the Secretary of State and continue to use countywide election precinct polling places in subsequent elections. In reviewing an application for “successful” status, the Secretary of State may consider any complaints that have been supplemented with evidence with respect to the county using countywide precincts in an election. The county commissioners court must hold a public hearing on the use of countywide precincts. Notice of the meeting must be provided to all county party chairs, local political subdivisions and affected public interest groups. A recording or transcript of the hearing must be provided to the Secretary of State, along with a copy of the notice of hearing. The county must alsoprovide a copy of the order or resolution passed by the commissioners court approving continued participation in the program.

The county judge will submit a letter requesting “successful” designation to the Secretary of State along with the recording or transcript of the public hearing. The letter requesting “successful” status must also include information regarding how the county plans to account for possible population growth and an increase in registered voters within the county as it pertains to the number of polling places available for future elections. The Secretary of State will review the transcript or recording of the hearing, as well as reports of the county’s elections using the program, to confirm the county met the requirements of the Code. Voter turnout data for elections using the program will be compared with turnout in previous elections without use of the program to determine whether use of the program caused a substantial reduction in voter turnout.

The Secretary of State reserves the right to withdraw a county’s “successful” status via written notification to the county elections officer and county judge, if the circumstances establish that the county’s program does not comply with Section 43.007 of the Code.

Deadlines and Other Pertinent Dates

Q: What are the deadlines and key dates for implementing the countywide polling place program for the March 3, 2026 primary election date?

A: The schedule for implementing the countywide polling place program for the March 3, 2026 primary election date is as follows:

Q: What are the deadlines and key dates for implementing the countywide polling place program for the May 2, 2026 uniform election date?

A: The schedule for implementing the countywide polling place program for the May 2, 2026 uniform election date is as follows:

Q: What are the deadlines and key dates for implementing the countywide polling place program for the November 3, 2026 uniform election date?

A: The schedule for implementing the countywide polling place program for the November 3, 2026 uniform election date is as follows:

If you are interested in participating in the program or need more information, please contact Andre Montgomery or call our office toll-free at 1-800-252-2216.

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