2005 Texas Election Code CHAPTER 104. VOTING ON ELECTION DAY BY DISABLED VOTER FROM VOTING SYSTEM PRECINCT

ELECTION CODE

CHAPTER 104. VOTING ON ELECTION DAY BY DISABLED VOTER FROM VOTING 
SYSTEM PRECINCT


	§ 104.001. ELIGIBILITY.  A qualified voter in whose 
precinct polling place voting is conducted by voting machine is 
eligible to vote by the early voting procedure provided by this 
chapter if the voter has a sickness or physical condition that 
prevents the voter from voting in the regular manner without 
personal assistance or a likelihood of injuring the voter's health.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.29;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991;  Acts 2005, 79th Leg., ch. 1107, 
§ 2.02, eff. Jan. 1, 2006.


	§ 104.002. FORM AND CONTENTS OF APPLICATION.  An 
application for a ballot voted under this chapter must:
		(1)  be in the form of an affidavit;  and                                     
		(2)  include, in addition to the information required 
by the applicable provisions of Section 84.002, a statement that 
the applicant has not previously voted in the election.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.29;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.


	§ 104.003. TIME AND PLACE FOR VOTING.  Voting under this 
chapter shall be conducted on election day, beginning at 7 a.m. and 
concluding at 7 p.m., at the main early voting polling place. 
However, if the early voting ballots voted by mail are processed at 
a location other than the main early voting polling place, the early 
voting clerk may require the voting to be conducted at that 
location.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1989, 71st Leg., ch. 1157, § 1, eff. Sept. 1, 1989;  Acts 
1991, 72nd Leg., ch. 203, § 2.29;  Acts 1991, 72nd Leg., ch. 554, 
§ 1, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 1316, § 32, 
eff. Sept. 1, 2003.


	§ 104.004. VOTING PROCEDURE.  (a) On submission of an 
application to the early voting clerk, the clerk shall review the 
application and verify the applicant's registration status in 
accordance with the procedure applicable to early voting by mail.
	(b)  The voting shall be conducted with the balloting 
materials for early voting by mail.
	(c)  The voter must mark and seal the ballot in the same 
manner as if voting by mail except that the certificate on the 
carrier envelope need not be completed.
	(d)  On sealing the carrier envelope, the voter must give it 
to the clerk, who shall note on the envelope that the ballot is 
voted under this chapter.
	(e)  If the voter is physically unable to enter the early 
voting polling place without personal assistance or a likelihood of 
injuring the voter's health, the clerk shall deliver the balloting 
materials to the voter at the polling place entrance or curb.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.29;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, § 
84, eff. Sept. 1, 1997.


	§ 104.005. PROCESSING RESULTS.  The results of voting 
under this chapter shall be processed in accordance with the 
procedures applicable to processing early voting ballots voted by 
mail.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.29;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.


	§ 104.006. ENTRY ON EARLY VOTING ROSTER.  The early 
voting roster must include the name of each person voting under this 
chapter with a notation indicating that the person voted under this 
chapter.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.29;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.