1. (a) Polling Place Preparation.

   1. (1) The Election Judge shall set aside a sufficient number of regular ballots from the supply of official ballots and write or stamp "provisional" on the back of the ballot (referred to below as "provisional ballots").
   2. (2) The Election Judge shall keep the provisional ballots separate from the regular ballots.

2. (b) Eligibility to vote provisional ballot.

   1. (1) At all elections, the following individuals shall be eligible to cast a provisional ballot:

      1. (A) A Voter who does not provide a valid form of identification; or
      2. (B) A Voter who claims to be properly registered and eligible to vote at the election precinct, but whose name does not appear on the list of registered voters; or
      3. (C) A voter whose name on the presented ID document does not match the name as it appears on the list of registered voters, and the election official rejected the voter for that reason; or
      4. (D) A Voter who has applied for a ballot by mail, but has not yet cancelled the mail ballot application with the mail early voting clerk; or
      5. (E) A Voter who votes during the polling hours that are extended by a state or federal court; or
      6. (F) A Voter who is on the list, but registered residence address is outside the political subdivision; or
      7. (G) A Voter who voted in another party's primary; or
      8. (H) A voter who is eligible to vote under paragraph (2) of this subsection but failed to present a valid form of identification to the election official; or
      9. (I) Voter is a disabled voter exempt from identification requirements under §13.002(i), Texas Election Code but does not have or otherwise fails to present a registration certificate indicating exemption to polling place election official; or
      10. (J) Other: ______________ (with an explanation).

   2. (2) A voter is not required to vote provisionally if the voter's name does not appear on the precinct list but the voter presents a valid form of identification and:

      1. (A) presents a current registration certificate indicating the voter is registered in the precinct; or

      2. (B) presents a current registration certificate indicating the voter is a resident of a precinct other than the one in which the voter is offering to vote and completes an affidavit stating the voter is:

         1. (i) a resident of the precinct in which the voter is offering to vote or otherwise entitled by law to vote in the precinct;
         2. (ii) was a resident of the precinct in which the voter is offering to vote at the time the information on the voter's residence address was last offered to the voter registrar;
         3. (iii) did not deliberately provide false information to secure registration in a precinct in which the voter does not reside; and
         4. (iv) is voting only once in the election.
   3. (3) A person voting by mail may not vote a provisional ballot.

3. (c) Polling Place Procedures for Optical Scan Ballot counted at Central Counting Station.

   1. (1) If a Voter is eligible to cast a provisional ballot, the Election Judge shall immediately inform the Voter of this right. The Election Judge shall also inform the Voter that his or her provisional ballot will not be counted if the Voter casts a provisional ballot at a precinct in which the Voter is not registered (regardless of whether the Voter is registered in another precinct but in the same political subdivision) if there is an indication on the list of registered Voters that the Voter has voted early in person or by mail, or if the voter fails to submit a valid form of identification to the voter registrar by the 6th day after the election.
   2. (2) The Election Judge must request the Voter to present a valid form of identification to vote a provisional ballot. If the Voter has no identification, he may still be permitted to vote a provisional ballot, but unless the voter presents identification to the Voter Registrar as set out in paragraph (16) of this subsection, the ballot will not be accepted for counting and the Election Judge must notify the Voter of that fact.

   3. (3) Acceptable forms of identification include:

      1. (A) a Texas driver's license, Texas election identification certificate, Texas personal identification card or Texas concealed handgun license issued by the Texas Department of Public Safety;
      2. (B) a United States military identification card that contains the person's photograph;
      3. (C) a United States citizenship certificate issued to the person that contains the person's photograph; or
      4. (D) a United States Passport.
   4. (4) Except for the United States citizenship certificate, which does not have an expiration date, the submitted identification must be current and not have expired, or if expired, then it must have expired no more than 60 days before it is presented for voter qualification at the polling place.
   5. (5) Prior to casting a provisional ballot, the Voter shall be required to sign a Provisional Ballot Affidavit Envelope. The Provisional Ballot Affidavit Envelope shall state that the Voter is a registered voter in the political subdivision and a resident on election day and that the Voter is eligible to vote in the election. The Provisional Ballot Affidavit Envelope shall also require the information necessary to register the Voter, if the Voter proves to be unregistered. A Voter who refuses to sign the Provisional Ballot Affidavit Envelope is not eligible to vote provisionally.
   6. (6) The Election Judge shall make clear to the Voter that in order for the provisional ballot to be evaluated by the Early Voting Ballot Board, he must complete and sign the Provisional Ballot Affidavit Envelope.
   7. (7) The Election Judge shall enter the Provisional Voter's name on the List of Provisional Voter's form. The List of Provisional Voters form shall contain a box to indicate whether or not the voter submitted a valid form of identification.
   8. (8) The Election Judge shall add the name of the Provisional Voter to the poll list and check the column "Provisional".
   9. (9) The Provisional Voter shall sign the regular signature roster.
   10. (10) The Election Judge shall check yes or no as to whether the voter presented a valid form of identification.

   11. (11) The Election Judge shall check the reason under which the Voter voted provisionally on the provisional ballot envelope. The reasons include:

       1. (A) Lack of valid identification;
       2. (B) Voter not on list of registered voters;
       3. (C) Voter not on precinct list, registered in another precinct;
       4. (D) Voter on list of persons who voted early by mail, and Voter has not cancelled mail ballot application;
       5. (E) Voter voted after 7:00 p.m. due to court order;
       6. (F) Voter on list, but registered residence address is outside the political subdivision;
       7. (G) Voter voted in another party's primary;
       8. (H) Voter is a disabled voter exempt from identification requirements under §13.002(i), Texas Election Code but failed to present registration certificate indicating exemption to polling place election official;
       9. (I) Voter was eligible to vote regular ballot under subsection (b)(2) of this section but failed to present valid form of identification to election official.
   12. (12) The Election Judge shall then sign the provisional ballot envelope.
   13. (13) The Election Judge shall direct the Voter to choose a ballot from a stack of pre-designated "provisional" ballots.
   14. (14) The Election Judge shall inform the Voter that ballots stamped "provisional" will not be counted if placed in the ballot box without sealing it inside the corresponding envelope.
   15. (15) The Election Judge shall inform the Voter that the Voter will receive notice in the mail as to whether or not their ballot was counted and shall immediately provide to the Voter a written notice which will inform the Voter of this fact in writing, along with information that explains that the Provisional Ballot Affidavit Envelope will be used by the Voter Registrar to register the Voter or update his registration, as applicable.
   16. (16) If the voter failed to submit a valid form of identification prior to applying for the provisional ballot, the Election Judge shall provide the voter with a Notice of Provisional Voter/Polling Place ID receipt form. The Notice of Provisional Voter/Polling Place ID receipt form shall contain a list of acceptable forms of voter identification, a description of the procedure for submitting the Notice of Provisional Voter/Polling Place ID receipt form along with a valid form of identification to the voter registrar within 6 days after the date of the election, and a map to the voter registrar's office as required under §65.0541, Texas Election Code. The Notice of Provisional Voter/Polling Place ID receipt form also shall contain a statement explaining its purpose to the voter to allow the registrar to tie the voter's presented identification to the voter's sealed provisional ballot. The election official shall enter on the Notice of Provisional Voter/Polling Place ID form the voter's name, voter unique identifier (VUID) number (if available), and the precinct polling place at which the provisional ballot was voted. This notice may be combined with the notice required by paragraph (15) of this subsection.

   17. (17) After the provisional ballot has been voted, the Voter shall:

       1. (A) seal the provisional ballot in a plain white secrecy envelope;
       2. (B) seal the secrecy envelope inside the provisional ballot envelope; and
       3. (C) deposit the Provisional Ballot Affidavit Envelope in Ballot Box #1 or a separate container that meets the requirements of §51.034 of the Code or has been approved by the Secretary of State.

4. (d) Early Voting By Personal Appearance Provisional Ballot Procedures.

   1. (1) To the extent practicable, the Early Voting Clerk or Deputy Early Voting Clerk shall follow election day provisional ballot procedures during the early voting period.
   2. (2) The Provisional Voter's precinct number shall be added to an Early Voting List of Provisional Voters.
   3. (3) The early voting clerk may deliver the provisional ballot envelopes cast during early voting to the Voter Registrar. The Voter Registrar shall sign the List of Early Voting Provisional Voters to verify receipt of the provisional ballot envelopes.
   4. (4) The Voter Registrar shall review the Provisional Ballot Affidavit Envelopes as set out in subsection (g) of this section.

5. (e) Provisional Ballot Affidavit Envelope transfer procedures.

   1. (1) The presiding Election Judge shall enter the number of Provisional Ballot Affidavit Envelopes cast on the register of official ballots and on the List of Provisional Voters.
   2. (2) The Election Judge shall place a copy of the List of Provisional Voters form in Envelope Number 2.
   3. (3) The ballot box(es) shall be delivered to the central counting station after the polls close.
   4. (4) Upon opening the ballot box(es) at the central counting station, counting station personnel shall separate the regularly-cast ballots from the Provisional Ballot Affidavit Envelopes.
   5. (5) Ballots stamped "provisional" but not contained in a Provisional Ballot Affidavit Envelope may not be counted and are not transferred to the Voter Registrar. The presiding Election Judge shall write the reason for not counting the ballot on the back of the ballot. These ballots shall be retained for the appropriate preservation period, and shall be placed in Ballot Box No. 4.
   6. (6) The central counting station personnel shall also verify that the number of Provisional Voters on the List of Provisional Voters from each precinct matches the number of Provisional Ballot Affidavit Envelopes recorded on the ballot register from each precinct. If there is no match, the central counting station personnel shall note this fact on both documents.
   7. (7) The central counting station personnel shall place the voted Provisional Ballot Affidavit Envelopes from all of the election day precincts into a ballot box or transfer case with the corresponding List of Provisional Voters for each precinct.
   8. (8) The central counting station personnel shall sign the List of Provisional Voters evidencing the number of Provisional Voters per precinct and the number of Provisional Ballot Affidavit Envelopes to be forwarded to the Voter Registrar.
   9. (9) The central counting station personnel shall prepare a Summary of Provisional Ballots listing each precinct and the number of Provisional Ballot Affidavit Envelopes received from that precinct.
   10. (10) The central counting station personnel (or General Custodian after election night) shall give the Voter Registrar a copy of the Summary of Provisional Ballots at the same time the Provisional Ballot Affidavit Envelopes are delivered to the Voter Registrar.
   11. (11) The General Custodian shall lock and seal each ballot box or transfer case that contains Provisional Ballot Affidavit Envelopes prior to delivery to the Voter Registrar. The numbers on the seal shall be recorded on the Summary of Provisional Ballots.
   12. (12) A Poll Watcher, if available, may sign the Summary of Provisional Ballots.

6. (f) Transfer to Voter Registrar.

   1. (1) The General Custodian shall deliver the ballot box(es) or transfer case(s) containing the Provisional Ballot Affidavit Envelopes along with the Summary of Provisional Ballots and the List of Provisional Voters for each precinct to the Voter Registrar on the next business day after the election.
   2. (2) If the Voter Registrar wishes to take possession of the ballot box(es) or transfer case(s) containing the Provisional Ballot Affidavit Envelopes from the General Custodian of election records on election night, the Voter Registrar must inform the General Custodian of election records and post a Notice of Election Night Transfer no later than 24 hours before election day. If the Voter Registrar makes this determination, the Voter Registrar must go to the General Custodian's office and take possession on election night.
   3. (3) Upon receipt of the ballot box(es) or transfer case(s) containing the Provisional Ballot Affidavit Envelopes and their keys, the Voter Registrar shall sign the Verification of Provisional Ballots and Serial Numbers to verify such receipt, that the box was in tact, and that the seal was not broken.
   4. (4) The Voter Registrar shall break the seal and unlock the box(es) or transfer case(s) containing the Provisional Ballot Affidavit Envelopes.
   5. (5) The General Custodian of election records shall supply the Voter Registrar with a sufficient number of seals to re-seal the ballot box(es) or transfer case(s) containing the Provisional Ballot Affidavit Envelopes once his or her review is completed.
   6. (6) If the Early Voting Ballot Board meets prior to election day to prepare ballots for processing in a manner authorized under the Code, the Voter Registrar may attend the meeting and take possession of early voting Provisional Ballot Affidavit Envelopes prior to election day. The Voter Registrar shall give the General Custodian of election records written notice of his or her intent to take early possession of the Provisional Ballot Affidavit Envelopes at least 24 hours prior to the scheduled meeting of the ballot board.
   7. (7) If the central counting station personnel in a county with a population of 100,000 or more, take possession of the early voting ballots prior to election day in accordance with §87.0241 of the Code, the Voter Registrar may take possession of the Provisional Ballot Affidavit Envelopes prior to election day. The Voter Registrar shall give the General Custodian of election records written notice of his or her intent to take early possession of the Provisional Ballot Affidavit Envelopes at least 24 hours prior to the scheduled meeting of the ballot board.

7. (g) Voter Registrar Review of Provisional Ballot Affidavit Envelopes.

   1. (1) No later than the sixth calendar day after election day, the Voter Registrar shall complete the review of the Provisional Ballot Affidavit Envelopes. As part of the review, the Voter Registrar shall review information from the following sources to attempt to determine the Provisional Voter's registration status:

      1. (A) the Department of Public Safety;
      2. (B) Volunteer Deputy Registrars; and
      3. (C) other records that may establish the Voter's eligibility.
   2. (2) During the six calendar day period after election day, the voter registrar office shall, during regular business hours, remain open and available for provisional voters to present a valid form of identification to the voter registrar under subsection (h) of this section.

   3. (3) The Voter Registrar must examine each Provisional Ballot Affidavit Envelope, determine the Voter's registration status, and indicate the status on the face of the Provisional Ballot Affidavit Envelope as one of the following:

      1. (A) Not a registered voter;
      2. (B) Registered to vote, but erroneously listed in wrong precinct;
      3. (C) Registered to vote in a different precinct within the county;
      4. (D) Information on file indicating applicant completed a voter registration application, but it was never received in the Voter Registrar's office;
      5. (E) Voter erroneously removed from list of registered voters;
      6. (F) Voter with disability exempt from identification requirements under §13.002(i), Texas Election Code failed to present registration certificate indicating exemption to polling place election official and failed to present certificate or other form of identification at voter registrar's office on or before the 6th day after election day;
      7. (G) Voter cast a provisional ballot at the polling place due to lack of valid identification and prior to the 6th day after election day, voter applied for and received a disability exemption from identification requirements under §13.002(i), Texas Election Code and received documentation evidencing receipt of the exemption;
      8. (H) Voter is registered to vote in precinct ________;
      9. (I) Voter voted in another party's primary;
      10. (J) Voter presented a valid form of identification in person at voter registrar's office within 6 days of election day;
      11. (K) Voter executed affidavit in person at voter registrar's office within 6 days of election day stating the voter has a religious objection to being photographed and the voter has consistently refused to be photographed for any governmental purpose from the time the voter has held this belief;
      12. (L) Voter executed affidavit in person at voter registrar's office within 6 days of election day stating voter does not have any identification meeting the requirements of §63.001(b), Texas Election Code as a result of a national disaster that was declared by the president of the United States or the governor, occurred not earlier than 45 days before the ballot was cast, and caused the destruction or inability to access the voter's identification; or
      13. (M) Other: __________________ (with an explanation).
   4. (4) The Voter Registrar shall sign and date his review of each Provisional Ballot Affidavit Envelope.
   5. (5) The Voter Registrar shall copy the Provisional Ballot Affidavit Envelope of each Voter who was not registered to vote, who was registered but whose information contains updated voter registration information, or who was erroneously cancelled or listed in the wrong precinct or for any other reason the Voter Registrar deems necessary.
   6. (6) For purposes of voter registration, the copied Provisional Ballot Affidavit Envelope serves as an original voter registration application or change form; the effective date will be calculated as of the Election Date for which the Provisional Ballot Affidavit Envelope was submitted.
   7. (7) If the residence address provided on the Provisional Ballot Affidavit Envelope falls outside the Voter Registrar's jurisdiction, the Voter Registrar shall forward a copy of the Provisional Ballot Affidavit Envelope to the appropriate Voter Registrar. The effective date of the transferred copy shall be calculated as thirty days from the election date on which the Provisional Ballot Affidavit Envelope was originally submitted. The original Provisional Ballot Affidavit Envelope shall be transferred to the appropriate Voter Registrar after the preservation period upon the Voter Registrar's request.
   8. (8) The Voter Registrar shall replace the Provisional Ballot Affidavit Envelopes in secure containers as designated by the General Custodian of election records, along with copies of the List of Provisional Voters, the copy of the Summary of Provisional Ballots, the Notice of Provisional Voter/Polling Place ID receipt forms and Voter Registrar ID Receipt forms. The container must be locked and sealed. The serial number of the seal shall be recorded on the Verification of Provisional Ballots and Serial Number form.
   9. (9) The General Custodian of the election records or the Early Voting Ballot Board Judge shall pick up the secured ballot boxes or other containers and all other materials at the time, date, and location designated by the Voter Registrar. The Voter Registrar's designated time of delivery may in no event be later than the time the Early Voting Ballot Board convenes on the 7th day after election day to count provisional ballots per §65.051(a), Texas Election Code.
   10. (10) The Voter Registrar shall sign the Verification of Provisional Ballots and Serial Numbers form verifying transfer, and the presiding judge of the Early Voting Ballot Board or General Custodian of election records shall sign indicating receipt of the Provisional Ballot Affidavit Envelopes and that the key and ballot box(es) was properly sealed.
   11. (11) The custodian of election records shall review the copies of the List of Provisional Voters submitted by the Voter Registrar to determine whether acceptable forms of identification were submitted either at the polling place or to the voter registrar. Provisional ballots cast due to the failure to submit an acceptable form of identification at the polling place shall be treated in the same manner as ballots by mail not timely returned under §86.011, Texas Election Code if the voter failed to correct the defect with the voter registrar as provided under §65.054 and §65.0541, Texas Election Code.
   12. (12) Poll Watchers are not entitled to be present during the Voter Registrar's review.

8. (h) Post Election Submission of Identification to Voter Registrar under §65.0241, Texas Election Code.

   1. (1) A voter who cast a provisional ballot due to the failure to submit an acceptable form of identification at the polling place may correct the problem by presenting a valid form of identification to the voter registrar, applying for and receiving a disability exemption under §13.002(i), Texas Election Code and receiving documentation evidencing receipt of the exemption; or completing one of the affidavits set out in §65.054(b)(2)(B) (religious objection) or (C) (natural disaster objection) in the presence of the registrar not later than the 6th day after the date of the election.
   2. (2) The voter registrar's office shall remain open for voters to submit an acceptable form of identification or otherwise correct the failure to submit identification at the polling place during regular business hours on regular business days.
   3. (3) The voter shall submit the Notice of Provisional Voter/Polling Place ID receipt form he or she was given at the polling place to the voter registrar and present a valid form of identification (or one of the appropriate completed affidavits). The voter registrar shall attach the form to the voter's provisional ballot affidavit envelope.
   4. (4) If the voter does not submit the Notice of Provisional Voter/Polling Place form which he or she was given at the polling place, the voter registrar shall complete a Voter Registrar ID Receipt form with the voter's name, VUID number (if available), and the precinct at which the voter cast his or her vote and sign the Voter Registrar ID Receipt form.
   5. (5) After the voter submits a valid form of identification, applies for the disability exemption under §13.002(i), Texas Election Code, or submits the appropriate affidavit request to the voter registrar, the voter registrar shall review the identification or exemption request to determine its validity.
   6. (6) On the provisional ballot affidavit envelope, the voter registrar shall mark the voter as having presented identification, or having received the disability exemption under §13.002(i), Texas Election Code with documentation evidencing receipt of the exemption, or completed the appropriate affidavit of religious objection or natural disaster on the Notice of Provisional Voter/Polling Place receipt form or the Voter Registrar ID receipt form, as applicable.
   7. (7) If the voter submitted an application for the disability exemption, the voter registrar shall attach the completed application to the voter's original voter registration application and issue the voter a new certificate containing the indication required under §15.001(c), Texas Election Code.
   8. (8) The voter registrar shall mark the List of Provisional Voters to indicate whether or not the provisional voter submitted an acceptable form of identification or executed one of the authorized affidavits within the six day period after election day.
9. (i) Early Voting Ballot Board defined for purposes of provisional ballot review. The authority appointing the Early Voting Ballot Board may determine which members of the board will review and count the provisional ballots. The entire ballot board is not required to be present. A minimum of three members of the board is required to conduct the review.

10. (j) Review of Provisional Ballot Affidavit Envelopes by Early Voting Ballot Board; Counting Rules.

    1. (1) The presiding judge of the Early Voting Ballot Board shall take receipt of the Provisional Ballot Affidavit Envelopes from the Voter Registrar directly or via the General Custodian of election records at a time and place to be determined by the presiding judge. The time of delivery may in no event be later than the time the Early Voting Ballot Board convenes on the 7th day after election day to count provisional ballots per §65.051(a), Texas Election Code. If a court order which allowed voters to cast ballots after 7:00 p.m. on election night has been vacated, the General Custodian of Election Records shall segregate the ballots cast by voters who appeared at the polling place after 7:00 p.m. on election night and treat them in the same manner as ballots by mail not timely returned under §86.011, Texas Election Code.
    2. (2) The presiding judge of the Early Voting Ballot Board may convene the board as soon as practicable after the Voter Registrar has completed the review of the provisional ballots. The judge must post a notice on the bulletin board used for posting notices of meetings of the governing body ordering the election no later than 24 hours before the board is scheduled to meet. The board may also convene while the Voter Registrar continues his or her review.
    3. (3) The Early Voting Ballot Board must receive and review the Provisional Ballot Affidavit Envelopes.

    4. (4) The Early Voting Ballot Board shall review both the Election Judge's and the Voter Registrar's notation on each Provisional Ballot Affidavit Envelope to determine whether or not the ballot should be counted, subject to the requirement that the voter has presented a valid form of identification at the polling place or to the voter registrar's office, applied for and received a disability exemption under §13.002(i), Texas Election Code and received documentation evidencing receipt of the exemption; or completed one of the affidavits set out in §65.054(b)(2)(B) (religious objection) or (C) (natural disaster objection) in the presence of the registrar not later than the 6th day after the date of the election.

       1. (A) If the Election Judge indicated that a Voter with a disability exemption to the identification requirements did not submit the certificate at the polling place to the election official and the voter failed to present the certificate or another form of identification to the voter registrar, except for the exception set out in subparagraph (J) of this paragraph, the ballot shall not be counted.
       2. (B) If the Election Judge indicated that the reason for casting a provisional ballot was that the Voter appeared on the list of registered voters as having cast a ballot by mail and the Voter claimed that he never received the mail ballot and is not willing to cancel his or her mail ballot application with the main Early Voting Clerk, the provisional ballot shall not be counted.
       3. (C) If the Voter Registrar indicates that the Provisional Voter is registered to vote at a different precinct other than the one the Voter voted in, the ballot shall not be counted.
       4. (D) If either the Election Judge or the Voter Registrar indicates that the Voter voted in another party's primary, the ballot shall not be counted.
       5. (E) If the Voter Registrar indicates that the Voter is registered, the ballot shall be counted.
       6. (F) If the voter registrar indicates the voter is not registered to vote, the ballot shall not be counted.

       7. (G) The ballot shall be counted if the voter failed to submit identification at the polling place, but the Voter Registrar indicates the voter submitted an affidavit within 6 calendar days after the date of the election asserting the voter:

          1. (i) has a religious objection to being photographed and the voter has consistently refused to be photographed for any governmental purpose from the time the voter has held this belief; or
          2. (ii) does not have any identification meeting the requirements of §63.001(b), Texas Election Code as a result of a national disaster that was declared by the president of the United States or the governor, occurred not earlier than 45 days before the ballot was cast, and caused the destruction or inability to access the voter's identification.
       8. (H) The ballot shall be counted if the voter failed to submit identification at the polling place, but the Voter Registrar indicates the voter presented a valid form of identification in person at the registrar's office within 6 days after the date of the election, and the voter was otherwise eligible to vote in the election.
       9. (I) If the election judge indicates the voter presented a current certificate and initiated the process of voting a regular ballot under subsection (b)(2) of this section but voted provisionally because he or she failed to present a valid form of identification, the ballot shall be not be counted unless the voter appeared with a valid form of identification within 6 calendar days after the date of the election.
       10. (J) The ballot shall be counted if the voter failed to submit identification at the polling place, but applied for and received the disability exemption under §13.002(i), Texas Election Code and received documentation evidencing receipt of the exemption from the voter registrar by the 6th day after election day, and the voter was otherwise eligible to vote in the election.
    5. (5) The presiding judge of the Early Voting Ballot Board shall indicate the disposition of each ballot on the appropriate space of the Provisional Ballot Affidavit Envelope.
    6. (6) The presiding judge of the Early Voting Ballot Board shall indicate the disposition of each Provisional Ballot Affidavit Envelope on the List of Provisional Voters for that precinct. The Notice of Provisional Voter/Polling Place ID receipt form or Voter Registrar ID Receipt form, whichever is applicable, shall be attached to and retained with the voter's provisional ballot affidavit envelope.
    7. (7) The ballots to be counted shall be removed from their Provisional Ballot Affidavit Envelopes and counted in the regular manner, unless the manager of the central counting station decides that the ballot board shall count the ballots manually and add the totals to the computer count for a canvass total. See paragraph (9) of this subsection for electronic procedures, if the manager decides to count ballots in regular manner. If counted by hand, the ballots are tallied by precinct in the regular manner. The board prepares the returns and submits the returns to the General Custodian of election records.
    8. (8) The Provisional Ballot Affidavit Envelopes for accepted ballots shall be placed in an Envelope for Provisional Ballot Affidavit Envelopes marked "Accepted" and the Provisional Ballot Affidavit Envelopes and their Provisional Ballots for the rejected ballots shall be placed in an Envelope for Provisional Ballot Envelopes marked "Rejected".

    9. (9) If the provisional ballots are to be counted electronically:

       1. (A) The manager of the central counting station shall decide whether the ballot board shall manually count the ballots and be manually added to the computer count for a canvass total or whether the central counting station shall reconvene.
       2. (B) The manager shall send notice to the presiding judge of the ballot board prior to reconvening the board as to whether the ballots are to be counted manually by the board or whether the ballots are merely to be prepared for delivery to the central counting station.
       3. (C) The manager must order a second test to be conducted prior to the count. The test must be successful.
       4. (D) After the second successful test is conducted, the unofficial election results, preserved by electronic means, shall be loaded in the tabulating equipment.
       5. (E) Once the ballots have been counted, results shall be prepared in the regular manner. The manager shall prepare a certification and attach it to the returns, then place the certification and returns in envelope #1 to be delivered to the presiding officer of the canvassing board indicating that the result supersedes any returns printed prior to the reconvening of the central counting station after election day.
       6. (F) After the results have been prepared, a successful third test must be performed.
       7. (G) The results, ballots, and distribution of ballots and all records shall be made in the regular manner.
    10. (10) Once counted, the Provisional Ballot Affidavit Envelopes, along with any Notices of Provisional Voter/Polling Place ID receipt or Voter Registrar ID receipt forms, shall be re-locked in the container and returned to the General Custodian of election records. The key shall be delivered to the General Custodian of the key.
    11. (11) The List of Provisional Voters for each precinct shall be delivered to the General Custodian of election records in the Envelope for Accepted and Provisional Ballot Affidavit Envelopes.
    12. (12) The provisional ballots and Provisional Ballot Affidavit Envelopes shall be retained for the appropriate preservation period for the election.
    13. (13) The Lists of Provisional Voters for each precinct, along with any copies of the List forms, shall be retained and used by the General Custodian of election records to provide information to Voters on whether the provisional ballot was counted or not.
    14. (14) All Provisional Ballot Affidavit Envelopes, the List of Provisional Voters, and the Notice of Provisional Voter/Polling Place ID receipt forms and Voter Registrar ID Receipt forms are public records.
    15. (15) Rejected Provisional Ballot Affidavit Envelopes may not be opened except by court order.
    16. (16) Poll Watchers are entitled to be present at the meeting of Early Voting Ballot Board pursuant to §33.054 of the Texas Election Code.
11. (k) Request for Return of Original Envelopes. Upon request of the Voter Registrar, the General Custodian of election records shall deliver the original Provisional Ballot Affidavit Envelopes to the Voter Registrar after the preservation period.
12. (l) Notice to Provisional Voters. Not later than the 10th day after the local canvass, the presiding judge of the Early Voting Ballot Board shall deliver written notice regarding whether the provisional ballot was counted, and if the ballot was not counted, the reason the ballot was not counted. The presiding judge shall use the information provided on the Provisional Ballot Affidavit Envelope to obtain the proper mailing address for the Voter and the final resolution of the provisional ballot.
13. (m) Effective date. The 2011 amendment to this rule will be effective for elections held on or after January 1, 2012.

Source Note:The provisions of this §81.174 adopted to be effective February 22, 2004, 29 TexReg 1330; amended to be effective September 29, 2005, 30 TexReg 6040; amended to be effective April 30, 2007, 32 TexReg 2353; amended to be effective November 20, 2011, 36 TexReg 7657.