(a) Except as provided by Subsection (d) or (e), one or more early voting polling places other than the main early voting polling place may be established by:
(1) the commissioners court, for an election in which the county clerk is the early voting clerk; or
(2) the governing body of the political subdivision served by the authority ordering the election, for an election in which a person other than the county clerk is the early voting clerk.
(b) A polling place established under this section may be located, subject to Subsection (d), at any place in the territory served by the early voting clerk and may be located inside any building as directed by the authority establishing the branch office. The polling place may not be located in a movable structure in the general election for state and county officers, general primary election, or runoff primary election. Ropes or other suitable objects may be used at the polling place to ensure compliance with § 62.004. Persons who are not expressly permitted by law to be in a polling place shall be excluded from the polling place to the extent practicable.

Terms Used In Texas Election Code 85.062

  • General election: means an election, other than a primary election, that regularly recurs at fixed dates. See Texas Election Code 1.005
  • General election for state and county officers: means the general election at which officers of the federal, state, and county governments are elected. See Texas Election Code 1.005
  • Law: means a constitution, statute, city charter, or city ordinance. See Texas Election Code 1.005
  • 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
  • Political subdivision: means a county, city, or school district or any other governmental entity that:
    (A) embraces a geographic area with a defined boundary;
    (B) exists for the purpose of discharging functions of government; and
    (C) possesses authority for subordinate self-government through officers selected by it. See Texas Election Code 1.005
  • Population: means the population shown by the most recent federal decennial census. 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
  • Special election: means an election that is not a general election or a primary election. See Texas Election Code 1.005
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) In any election, the location of a polling place established under this section shall be fixed at one place for the duration of the period that voting is required to be conducted at the polling place.
(d) In a primary election, the general election for state and county officers, or a special election to fill a vacancy in the legislature or in congress:
(1) the commissioners court of a county with a population of 400,000 or more shall establish one or more early voting polling places other than the main early voting polling place in each state representative district containing territory covered by the election, except that the polling place or places shall be established in the state senatorial or congressional district, as applicable, in a special election to fill a vacancy in the office of state senator or United States representative;
(2) the commissioners court of a county with a population of 120,000 or more but less than 400,000 shall establish one or more early voting polling places other than the main early voting polling place in each commissioners precinct containing territory covered by the election; and
(3) the early voting clerk of a county with a population of 100,000 or more but less than 120,000 shall establish one or more early voting polling places as described by Subdivision (2) in each precinct for which the early voting clerk receives in time to enable compliance with § 85.067 a written request for that action submitted by at least 15 registered voters of that precinct.
(e) Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 10.01(1), eff. December 2, 2021.
(f) 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.
(f-1) Notwithstanding any other provision of this section concerning the location of temporary branch polling places, in an election in which countywide polling places are used, the commissioners court of a county shall employ the same methodology it uses to determine the location of countywide polling places to determine the location of temporary branch polling places.
(g) In this subchapter, “temporary branch polling place” means an early voting polling place established under this section.

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