The early voting clerk must keep early voting rosters, update them daily, and preserve them after the election; several roster items must be posted publicly on tight deadlines, while some mail-ballot information stays private until after election day except for the voter.
Sec. 87.121. EARLY VOTING ROSTERS. (a) The early voting clerk shall maintain for each election a roster listing each person who votes an early voting ballot by personal appearance and a roster listing each person to whom an early voting ballot to be voted by mail is sent. (b) For each person listed, the applicable roster must include: (1) the person's name, address, and voter registration number; (2) an identification of the person's county election precinct of registration; and (3) the date of voting or the date the ballot was mailed to the person, as applicable. (c) Each roster shall be updated daily. (d) Each roster may be maintained in any form approved by the secretary of state. (e) The clerk shall preserve each roster after the election for the period for preserving the precinct election records. (f) Information on the roster for a person to whom an early voting mail ballot has been sent is not available for public inspection, except to the voter seeking to verify that the information pertaining to the voter is accurate, until the first business day after election day. (g) Information on the roster for a person who votes an early voting ballot by personal appearance shall be made available for public inspection as provided by Subsection (i) not later than 11 a.m. on the day after the date the information is entered on the roster under Subsection (c). (h) Information on the roster for a person who votes an early voting ballot by mail shall be made available for public inspection as provided by Subsection (i) not later than 11 a.m. on the day following the day the early voting clerk receives any ballot voted by mail. (i) The information under Subsections (g) and (h) must be made available: (1) for an election in which the county clerk is the early voting clerk: (A) on the publicly accessible Internet website of the county; or (B) if the county does not maintain a website, on the bulletin board used for posting notice of meetings of the commissioners court; or (2) for an election not described by Subdivision (1): (A) on the publicly accessible Internet website of the authority ordering the election; or (B) if the authority ordering the election does not maintain a website, on the bulletin board used for posting notice of meetings of the governing body of the authority. (j) The early voting clerk for a primary election or the general election for state and county officers shall submit to the secretary of state for posting on the secretary of state's Internet website the information described by: (1) Subsection (g) not later than 11 a.m. on the day after the date the information is entered on the roster under Subsection (c); and (2) Subsection (h) not later than 11 a.m. on the day following the day the early voting clerk receives any ballot voted by mail. (k) The early voting clerk for a primary election or the general election for state and county officers shall submit to the secretary of state for posting on the secretary of state's Internet website the election day information described by Subsections (g) and (h) not later than 11 a.m. on the day after the election. (l) The early voting clerk for a primary election or the general election for state and county officers shall submit to the secretary of state for posting on the secretary of state's Internet website the final rosters containing information described by Subsections (g) and (h) not later than the 20th day after the date of the local canvass. (m) The secretary of state shall post the information described by Subsection (j) on the secretary of state's Internet website in a downloadable format not later than 11 a.m. on the day following the day of receipt of the information. (n) The secretary of state shall create a system for an early voting clerk for a primary election or the general election for state and county officers to provide the information to the secretary of state for posting on the secretary of state's Internet website under Subsection (j). (o) A person registered to vote in the county where the early voting clerk is conducting early voting may submit a complaint to the secretary of state stating that an early voting clerk has not complied with this section. (p) The secretary of state by rule shall create and maintain a system for receiving and recording complaints made under this section. (q) The secretary of state shall maintain a record indicating early voting clerks who have failed to comply with the requirements of this section. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 1.28; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 565, Sec. 6, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 864, Sec. 83, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381, Sec. 23, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 958, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 393, Sec. 17, 18, eff. Sept. 1, 2003. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1083 (H.B. 1850), Sec. 2, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1215 (S.B. 902), Sec. 3, eff. September 1, 2019. Reenacted and amended by Acts 2021, 87th Leg., R.S., Ch. 66 (H.B. 1622), Sec. 1, eff. September 1, 2021. Reenacted and amended by Acts 2021, 87th Leg., R.S., Ch. 317 (H.B. 1382), Sec. 2, eff. September 1, 2021. Reenacted and amended by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 7.002, eff. September 1, 2023.