2005 Texas Election Code CHAPTER 43. POLLING PLACES

ELECTION CODE

CHAPTER 43. POLLING PLACES

SUBCHAPTER A. NUMBER AND LOCATION OF POLLING PLACES


	§ 43.001. ONE POLLING PLACE IN EACH PRECINCT.  Each 
election precinct established for an election shall be served by a 
single polling place located within the boundary of the precinct.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.                     


	§ 43.002. DESIGNATION OF LOCATION:  GENERAL OR SPECIAL 
ELECTION USING COUNTY PRECINCTS.  (a) For a general or special 
election in which the use of county election precincts is required, 
the county clerk shall recommend the location of the polling place 
for each county election precinct, except as provided by Subsection 
(b).  The commissioners court shall designate the recommended 
location as the polling place unless the court finds good cause to 
reject the recommendation.  In that case, the commissioners court 
shall designate another location.
	(b)  If county election precincts are consolidated, the 
commissioners court shall designate the location of the polling 
place for the consolidated precinct.
	(c)  In making a designation under this section, 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.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 2005, 79th Leg., ch. 742, § 3, eff. Sept. 1, 2005.


	§ 43.003. DESIGNATION OF LOCATION:  PRIMARY 
ELECTION.  The county chair of a political party holding a primary 
election shall designate the location of the polling place for each 
election precinct in the primary unless the precinct is one that is 
consolidated.  In that case, the county executive committee shall 
designate the location.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 43, eff. Sept. 1, 1997.


	§ 43.004. DESIGNATION OF LOCATION:  ELECTIONS OF OTHER 
POLITICAL SUBDIVISIONS.  (a) The governing body of each political 
subdivision authorized to hold elections, other than a county, 
shall designate the location of the polling place for each of its 
election precincts.
	(b)  If a political subdivision not located in a county with 
a population of more than 3.3 million or a county adjacent to a 
county with a population of more than 3.3 million holds an election 
on the November uniform election date, the political subdivision 
shall designate as the polling places for the election the regular 
county polling places in the county election precincts that contain 
territory from the political subdivision.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 2005, 79th Leg., ch. 1042, § 3, eff. Sept. 1, 2005.


	§ 43.005. DESIGNATION OF LOCATION:  CERTAIN SPECIAL 
ELECTIONS.  The authority establishing election precincts under 
Section 42.062 shall designate the location of the polling place 
for each precinct.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.                     


	§ 43.006. CONFLICTS WITH OTHER LAW.  A law outside this 
subchapter supersedes this subchapter to the extent of any 
conflict.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.                     


	§ 43.007. COUNTYWIDE POLLING PLACE PILOT PROGRAM.                           

Text of section effective until January 2, 2007
	(a)  The secretary of state shall implement a pilot program 
to evaluate the use of countywide polling places for the general 
election for state and county officers as an alternative to the 
polling place located in each county election precinct.
	(b)  The commissioners court of a county that desires to 
participate in the pilot program authorized by this section shall 
hold a public hearing on the county's participation in the pilot 
program.  The commissioners court shall submit a transcript or 
electronic recording of the public comments made at the hearing to 
the secretary of state.  The secretary of state may consider the 
public comments when selecting counties to participate in the pilot 
program.
	(c)  In conducting the pilot program, the secretary of state 
shall provide for an audit of the direct recording electronic 
voting units before and after the election, and during the election 
to the extent such an audit is practicable.
	(d)  The secretary of state shall select to participate in 
the program one or more counties that:
		(1)  have held a public hearing under Subsection (b);                         
		(2)  have implemented a computerized voter 
registration list that allows an election officer at the polling 
place to verify that a voter has not otherwise voted in the 
election;
		(3)  use direct recording electronic voting machines;  
and                  
		(4)  are determined by the secretary of state to have 
the appropriate technological capabilities.
	(e)  At the conclusion of the pilot program established under 
Subsection (a), but not later than January 1, 2007, the secretary of 
state shall file a report with the legislature.  The report may 
include the secretary of state's recommendations on the future use 
of countywide polling places and suggestions for permanent 
statutory authority regarding countywide polling places.
	(f)  This section expires January 2, 2007.                                     

Added by Acts 2005, 79th Leg., ch. 512, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER B. BUILDING FOR USE AS POLLING PLACE


	§ 43.031. POLLING PLACE IN PUBLIC BUILDING.  (a) In this 
subchapter, "public building" means a building owned or controlled 
by the state or a political subdivision.
	(b)  Each polling place shall be located inside a building.                    
	(c)  The building selected for a polling place shall be a 
public building if practicable. The entity that owns or controls a 
public building shall make the building available for use as a 
polling place in any election that covers territory in which the 
building is located.  If more than one authority requests the use of 
the building for the same day and simultaneous use is 
impracticable, the entity that owns or controls the building shall 
determine which authority may use the building.
	(d)  If a suitable public building is unavailable, the 
polling place may be located in some other building, including a 
building on a federal military base or facility with the permission 
of the post or base commander, and any charge for its use is an 
election expense.  A polling place may not be located in a building 
under this subsection unless electioneering is permitted on the 
building's premises outside the prescribed limits within which 
electioneering is prohibited, except that a polling place may be 
located in a building at which electioneering is not permitted if it 
is the only building available for use as a polling place in the 
election precinct.
	(e)  A polling place may not be located at the residence of a 
person who is: 
		(1)  a candidate for an elective office, including an 
office of a political party;  or
		(2)  related within the third degree by consanguinity 
or the second degree by affinity, as determined under Chapter 573, 
Government Code, to a candidate described by Subdivision (1).

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1989, 71st Leg., ch. 976, § 1, eff. Sept. 1, 1989;  Acts 
1997, 75th Leg., ch. 1350, § 2, eff. Sept. 1, 1997;  Acts 1999, 
76th Leg., ch. 1316, § 1, eff. Sept. 1, 1999;  Acts 2003, 78th 
Leg., ch. 516, § 1, eff. June 20, 2003.


	§ 43.032. BUILDING ACQUIRED BY COUNTY FOR POLLING 
PLACE.  (a) If a public building is unavailable for use as the 
polling place for a county election precinct, the commissioners 
court may purchase or construct a building in the precinct for that 
purpose.
	(b)  The commissioners court may permit a building purchased 
or constructed under Subsection (a) to be used with or without 
charge for purposes other than as a polling place.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1989, 71st Leg., ch. 976, § 1, eff. Sept. 1, 1989.


	§ 43.033. CONSIDERATION FOR USE OF PUBLIC BUILDING AS 
POLLING PLACE.  (a) No charge, including a charge for personnel, 
utilities, or other expenses incurred before or after regular 
business hours, may be made for the use of a public building for a 
polling place if the day of the election is a day on which the 
building is normally open for business.  If the day of the election 
is a day on which the building is not normally open for business, a 
charge may be made only for reimbursement for the actual expenses 
resulting from use of the building in the election.
	(b)  The reimbursing authority is entitled to an itemized 
statement of expenses before making remittance.
	(c)  A person commits an offense if the person assesses a 
charge for the use of a public building for a polling place in 
violation of Subsection (a).  An offense under this subsection is a 
Class C misdemeanor.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 481, § 1, eff. Sept. 1, 1987;  Acts 
1989, 71st Leg., ch. 976, § 2, eff. Sept. 1, 1989;  Acts 1993, 
73rd Leg., ch. 728, § 12, eff. Sept. 1, 1993.


	§ 43.034. ACCESSIBILITY OF POLLING PLACE TO THE ELDERLY 
AND PERSONS WITH PHYSICAL DISABILITIES.  (a) Each polling place 
shall be accessible to and usable by the elderly and persons with 
physical disabilities. To be considered accessible, a polling place 
must meet the standards established under Article 9102, Revised 
Statutes, including the following standards:
		(1)  the polling place must be on the ground-level 
floor or be accessible from the ground-level floor by an elevator 
with doors that provide an opening of at least 36 inches in width;
		(2)  doors, entrances, and exits used to enter or leave 
the polling place must have a minimum width of 32 inches;
		(3)  any curb adjacent to the main entrance to a polling 
place must have curb cuts or temporary nonslip ramps;
		(4)  any stairs necessary to enter or leave the polling 
place must have a handrail on each side of the stairs and a nonslip 
ramp;  and
		(5)  the polling place may not have a barrier that 
impedes the path of a person with physical disabilities to the 
voting station.
	(b)  The commissioners court shall provide a polling place 
that complies with Subsection (a) in each county election precinct.  
The site shall be made available for use as a polling place on every 
day that an election may be held within the precinct by any 
authority that holds elections.  The commissioners court may make 
expenditures from either the general fund or the permanent 
improvement fund to bring an existing county-owned site into 
compliance with Subsection (a).
	(c)  The governing body of each political subdivision that 
holds elections shall cooperate with the commissioners court in its 
respective county in implementing this section and is subject to 
the same requirements for compliance as prescribed by Subsection 
(b). If the authority holding an election rejects a 
county-designated polling place that is available and chooses to 
use a different site of its own designation, it shall provide a 
polling place that complies with Subsection (a) at its own expense.  
A political party that is holding a primary election may not reject 
an available county-designated polling place without the prior 
consent of the secretary of state.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1993, 73rd Leg., ch. 622, § 1, eff. Sept. 1, 1993;  Acts 
1999, 76th Leg., ch. 809, § 1, 2, eff. Sept. 1, 1999.

SUBCHAPTER C. INFORMATION REGARDING LOCATION OF POLLING PLACE


	§ 43.061. NOTICE OF CHANGE OF LOCATION OF POLLING 
PLACE.  (a) This section applies only to a general or special 
election that is ordered by the governor or the county judge.
	(b)  If the location of a polling place changes after notice 
of an election is given under Section 4.003, the county clerk shall 
give notice of the change not later than the earlier of:
		(1)  24 hours after the location is changed;  or                              
		(2)  72 hours before the polls open on election day.                          
	(c)  Notice required by Subsection (b) must be given by:                       
		(1)  notifying each candidate whose name appears on the 
ballot in the election or, in the case of an office filled by voters 
of more than one county, notifying the county chair or, for an 
independent candidate, the county judge of the county in which the 
change occurs;  or
		(2)  posting the notice in a listing used specifically 
to inform the public of changes to the location of a polling place 
on any Internet website that the county clerk maintains to provide 
information on elections held in the county.

Added by Acts 2001, 77th Leg., ch. 802, § 1, eff. Sept. 1, 2001.  
Amended by Acts 2005, 79th Leg., ch. 709, § 2(a), eff. Sept. 1, 
2005.


	§ 43.062. NOTICE AT PREVIOUS POLLING PLACE.  If the 
location of the polling place for an election precinct is different 
from the location used for the precinct in the preceding election 
ordered by the same authority, the authority responsible for giving 
notice of the election shall, if possible, post notice at the 
entrance to the previous polling place stating that the location 
has changed and providing the location of the new polling place.

Added by Acts 2001, 77th Leg., ch. 802, § 1, eff. Sept. 1, 2001.           


	§ 43.063. USE OF COMPUTERIZED INFORMATION.  In an 
election in which detailed poll location information is available 
at a polling place through a computer, an election officer shall 
provide that information to assist voters in determining the 
correct polling place location for the voter's election precinct.

Added by Acts 2001, 77th Leg., ch. 802, § 1, eff. Sept. 1, 2001.