The presiding judge must prepare and sign election returns, include manually counted votes, and delay certification until the required count is complete. The secretary of state must create rules and a form to help comply.
Sec. 127.131. PREPARING RETURNS. Text of subsection prior to the amendments made by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 29, eff. September 1, 2025. Applies to elections ordered before the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 32, eff. September 1, 2025. (a) After the automatic counting of ballots for each precinct is completed, the presiding judge of the central counting station shall prepare the election returns for that precinct and sign the returns to certify their accuracy. Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 29, eff. September 1, 2025. Applies to elections ordered on or after the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 32, eff. September 1, 2025. (a) After the automatic counting of ballots is completed, the presiding judge of the central counting station shall prepare the election returns for each precinct and each polling location and sign the returns to certify their accuracy. (b) In addition to the results of the automatically counted votes, the returns must include the results of the manually counted votes. (c) The same number of copies of the returns shall be prepared as for a precinct polling place using regular paper ballots. (d) The returns may not be certified until a valid automatic count is obtained or a manual count is completed, as appropriate. (e) If the automatic tabulating equipment produces a printout that contains all information required to appear on the election returns, the printout with the addition of the manually counted votes constitutes the return. (f) The presiding judge of the central counting station shall provide and attest to a written reconciliation of votes and voters at the close of tabulation for election day and again after the central counting station meets for the last time to process late-arriving ballots by mail and provisional ballots. The secretary of state shall create and promulgate rules and a form to facilitate compliance with this subsection. The form shall be posted on a website maintained by the county along with election returns and results. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by: Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.15, eff. December 2, 2021. Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 29, eff. September 1, 2025.