SECTION 81.34. Security of Early-Voting Ballots under Election Code, §85.032(f)

(a) If the early-voting ballot board convenes before election day, the presiding judge shall, upon each adjournment of the board, lock and seal each ballot box prior to returning the boxes to the custodian of records. The judge shall complete a ballot-box security form showing each serial number used to seal each box. The form shall be signed by the judge and another early-voting ballot board member who have witnessed the procedure. In a general election for state and county officers, the early-voting ballot board member must be from a different political party than the judge. The custodian of records shall also sign the form.

(b) The presiding judge shall retain the key(s) used to lock the ballot box(es). In the event that the judge is unwilling to retain the key, the key shall be retained by the authority designated in accordance with §66.060(a) of the Code.

(c) Upon reconvening the ballot board, the presiding judge shall ensure that each ballot box is intact. The presiding judge shall follow these procedures each day except upon final delivery to the custodian of records or delivery to the central counting station.

(d) If it is impracticable for the ballot-board judge to deliver the ballot boxes each day upon adjournment, the authority conducting the election shall submit to the Office of the Secretary of State an alternative plan for the security of the ballots for approval.

Source Note: The provisions of this §81.34 adopted to be effective October 20, 2000, 25 TexReg 10515