2025 Texas Statutes
Election Code
Title 5 - Election Supplies
Chapter 52 - Ballot Form, Content, and Preparation
Subchapter A. Preparing the Ballot
Section 52.0064. Destruction of Incorrect Ballots
Sec. 52.0064. DESTRUCTION OF INCORRECT BALLOTS. (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.
(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.
Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1, 1989. Acts 1993, 73rd Leg., ch. 728, Sec. 13, eff. Sept. 1, 1993.
