Texas Election Code
§ 65.009 — COUNTING IRREGULARLY MARKED BALLOT
EL § 65.009Title 6. CONDUCT OF ELECTIONS · Ch. 65. COUNTING VOTES AND PREPARING RETURNS · Art. A. COUNTING VOTES GENERALLY
Statute text
View on source(a)Failure to mark a ballot in strict conformity with this code does not invalidate the ballot.
(b)Marking the ballot by marking through the names of candidates for whom or the statements beside the propositions for which the voter does not desire to vote does not invalidate the ballot.
(c)A vote on an office or measure shall be counted if the voter's intent is clearly ascertainable unless other law prohibits counting the vote.
(d)The intent of the voter in marking a ballot may be determined by:
(1)a distinguishing mark adjacent to the name of a candidate or political party or a voting choice associated with a proposition;
(2)an oval, box, or similar marking clearly drawn around the name of a candidate or political party or a voting choice associated with a proposition;
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Legislative history
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 33, eff. Jan. 1, 2004.