(a) When this code requires a person to sign an application, report, or other document or paper, except as otherwise provided by this code, the document or paper may be signed for the person by a witness, as provided by this section, if the person required to sign cannot do so because of a physical disability or illiteracy.
(b) The person who cannot sign must affix the person’s mark to the document or paper, which the witness must attest. If the person cannot make the mark, the witness must state that fact on the document or paper.

Terms Used In Texas Election Code 1.011

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Residence address: means the street address and any apartment number, or the address at which mail is received if the residence has no address, and the city, state, and zip code that correspond to a person's residence. See Texas Election Code 1.005
  • Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005

(c) The witness must state on the document or paper the name, in printed form, of the person who cannot sign.
(d) The witness must affix the witness’s own signature to the document or paper and state the witness’s own name, in printed form, near the signature. The witness must also state the witness’s residence address unless the witness is an election officer, in which case the witness must state the witness’s official title.
(e) The procedure prescribed by this section must be conducted in the presence of the person who cannot sign.

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