The presiding judge may start counting ballots on election day after the polls have been open for one hour, but the ballot box generally may not be opened for counting while polls are open unless it contains at least 10 ballots.
Sec. 65.002. TIME FOR COUNTING. Text of subsection prior to the amendments made by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 7, 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) Subject to Subsection (b), the presiding judge may direct the counting of ballots to occur at any time after the polls have been open for one hour. Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 7, 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) Subject to Subsection (b), the presiding judge may direct the counting of ballots to occur on election day at any time after the polls have been open for one hour. (b) While the polls are open and until voting is concluded after the polls close, the ballot box for the deposit of voters' marked ballots may not be opened for the purpose of counting the ballots unless there are at least 10 ballots in the box. (c) After the polls close or the last voter has voted, whichever is later, the counting of ballots shall be conducted continuously until all the ballots are counted. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1235, Sec. 26(5), eff. September 1, 2009. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 26(5), eff. September 1, 2009. Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 7, eff. September 1, 2025.