(a) If new ballots are prepared to make a correction on the ballot, the authority responsible for having the official ballot prepared shall destroy the incorrect ballots in the presence of:
(1) the sheriff, in an election ordered by the governor or a primary election; or
(2) the authority responsible for ordering the election, in any other election.
(b) The authority responsible for having the official ballot prepared shall post in the authority’s office a notice of the date, hour, and place of the destruction of the incorrect ballots. The notice must remain posted continuously for the 72 hours preceding the scheduled time of the destruction.

Terms Used In Texas Election Code 52.0064

  • 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
  • Primary election: means an election held by a political party under Chapter 172 to select its nominees for public office, and, unless the context indicates otherwise, the term includes a presidential primary election. See Texas Election Code 1.005

(c) Any interested person is entitled to be present at the destruction of incorrect ballots.
(d) The authority responsible for having the official ballot prepared shall prepare a record of the incorrect ballots that are destroyed. The authority shall preserve the record for the period for preserving the precinct election records.

  Previous section
Next section  
 Subchapter A Contents