1. Precincts and Polling Places
Texas Secretary of State Elections Division
12/9/2018
Precincts and Polling Places
Ashley Fischer
County Election Officials Election Law Seminar
July 2016
12/9/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. Texas Secretary of State
Precincts
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Texas Secretary of State

3. Types of Precincts in Counties
Commissioners Precincts
Justice Precincts
County Election Precincts
Election Day Precincts
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Texas Secretary of State

4. 254 Counties, Many Variations
The number of justice precincts, county election precincts and election day precincts will vary depending the population of the county, district boundaries, and type of election.
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Texas Secretary of State

5. Commissioners Precincts
Each county must be divided into four commissioner precincts.
Tex. Const. Art. 5, § 18
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Texas Secretary of State

6. Texas Secretary of State
Owl County
Population = 6,623
Commissioner 1
Commissioner 2
Commissioner 3
Commissioner 4
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Texas Secretary of State

7. Texas Secretary of State
Horned Toad County
Population = 10,323
Commissioner 1
Commissioner 2
Commissioner 3
Commissioner 4
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Texas Secretary of State

8. Texas Secretary of State
Longhorn County
Population = 51,313
Commissioner 1
Commissioner 2
Commissioner 3
Commissioner 4
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Texas Secretary of State

9. Texas Secretary of State
Justice Precincts
General Rule: Tex. Const. Art. 5, § 18 NOTE: Constable Precincts and Justice Precincts share the same boundary lines.
County Population
Minimum # of Precincts
Maximum # of Precincts
Less than 18,000 1 4
Between 18,000 and 50,000 2 8
More than 50,000
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Texas Secretary of State

10. Texas Secretary of State
Justice Precincts
Majority of Texas counties have 4 Justice Precincts.
Next most common is counties with 1 Justice Precinct.
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Texas Secretary of State

11. Texas Secretary of State
Justice Precincts
In certain instances two Justices of the Peace may be elected from one Justice Precinct:
In county with less than 150,000, in a justice precinct with a city of 18,000; or
In a county with over 150,000.
Tex. Const. Art. 5, § 18
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Texas Secretary of State

12. Texas Secretary of State
Example
Precinct 1, Place 1
Precinct 1, Place 2
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Texas Secretary of State

13. Texas Secretary of State
Justice Precincts
Commissioner’s court determines number of precincts in each county and is responsible for changing the boundaries of justice precincts.
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Texas Secretary of State

14. Texas Secretary of State
Owl County
Population = 6,623
Commissioner 1
Commissioner 2
Justice Precinct
Commissioner 3
Commissioner 4
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Texas Secretary of State

15. Texas Secretary of State
Horned Toad County
Population = 10,323
Justice Precincts are the same as Commissioners Precincts. JP 1 JP 2
Commissioner 1
Commissioner 2 JP 3 JP 4
Commissioner 3
Commissioner 4
12/9/2018
Texas Secretary of State

16. Texas Secretary of State
Longhorn County
Population = 51,313 JP 1 JP 2 JP 3 JP 4
Commissioner 1
Commissioner 2 JP 5 JP 6 JP 7 JP 8
Commissioner 3
Commissioner 4
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Texas Secretary of State

17. County Election Precincts
County Election Precincts = Voter Registration Precinct
Established by commissioners court. (42.001)
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Texas Secretary of State

18. Texas Secretary of State
Lingo
We sometimes hear counties refer to precincts as “boxes” and commissioners precincts as “precincts.”
We prefer that you specify “commissioner precinct,” “justice precinct,” “county election precinct (voter registration precinct),” or “election day precinct” to allow us to assist you properly.
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Texas Secretary of State

19. County Election Precincts
Number of Voter Requirements:
§42.006
County Population
Number of Voters
Over 100,000
100 – 5,000 registered voters
Under 100,000
50 – 5,000 registered voters
Under 50,000
May contain fewer than 50 registered voters if commissioners court receives a written petition signed by at least 25 registered voters requesting establishment or continuation of a precinct.
12/9/2018
Texas Secretary of State

20. County Election Precincts
Boundary Requirements:
May not contain territory from more than one of each of the following:
Commissioners Precinct;
Justice Precinct;
Congressional District;
State Representative District; or
State Board of Education District.
(42.005)
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Texas Secretary of State

21. County Election Precincts
Therefore, the number of county election precincts is what varies most among the counties.
County
Precincts
Harris County
1,012
Bexar County
712
Webb County 49
Rockwall County 17
Terry County 6
Ochiltree County 4
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Texas Secretary of State

22. County Election Precincts
Horned Toad County
County Election Pct 1
County Election Pct 2
County Election Pct 3
County Election Pct 4
Commissioner 1
Justice 1
Commissioner 2
Justice 2
County Election Pct 5
County Election Pct 6
County Election Pct 7
County Election Pct 8
Commissioner 3
Justice 3
Commissioner 4
Justice 4
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Texas Secretary of State

23. County Election Precincts
Horned Toad County
Commissioner 2
Justice 2
Commissioner 1
Justice 1
County Election Pct 1
County Election Pct 2
County Election Pct 3
County Election Pct 4
Commissioner 3
Justice 3
Commissioner 4
Justice 4
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Texas Secretary of State

24. Texas Secretary of State
What’s the Issue?
In this example, a voter within County Election Precinct 1 may live in:
Commissioner Precinct 1, or
Commissioner Precinct 3
Therefore, the correct ballot style could not be generated for these voters in an election using county election precincts.
12/9/2018
Texas Secretary of State

25. Use of County Election Precincts
County Election Precincts MUST be used for the following elections:
General election for state and county officers;
Special election ordered by the governor;
Primary election;
Countywide election ordered by county;
Election held by political subdivision on uniform date.
Unless May uniform date and political subdivision meets certain EV locations/hours requirements found in (c).
(42.002)
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Texas Secretary of State

26. Election Day Precincts
County Election Precincts may be combined or consolidated for certain county held elections.
This creates “election day precincts” meaning these precincts only exist for the election.
NOTE: When the Election Code refers to “election precinct” it generally means the election day precinct, i.e. the precincts established for an election.
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Texas Secretary of State

27. Other Election Day Precincts
In certain elections, a county or other political subdivision may establish precincts.
May Uniform Election Date: If not holding joint election with county, CSO may establish their own election day precincts if they comply with (c).
County Ordered Election: If for a special election affecting only part of the county, or the election relates to the creation, organization, functioning, or existence of one or more political subdivisions other than county.
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Texas Secretary of State

28. Texas Secretary of State
Combine ( )
Consolidate (42.008/42.009)
Description
If as a result of redistricting, a county election precinct is left with fewer than 500 voters, the county may combine it with another county election precinct.
*If county over 250,000 or more, may combine if voters.
If it is a special election ordered by the governor or a primary election, a county election precinct may be consolidated with another county election precinct.
Purpose
Avoid additional expenditures in precinct with fewer voters.
Avoid additional expenditures in certain elections.
Limitation
May not combine in such a manner that violates Voting Rights Act.
May not consolidate in such a manner that does not provide polling places that adequately serve voters.
Duration
Single election.
*In March/April of odd year, commissioners court should review boundary lines.
Elections
General Election, Special Election, Primary Election
Special Election, Primary Election
Different Ballot Styles?
Yes.
No. NOTE: In special election, must have at least one consolidated precinct wholly located in each commissioner precinct.
Records
Records must be maintained and reported by county election precinct.
Records must be maintained and reported by consolidated precinct.
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Texas Secretary of State

29. Texas Secretary of State
Combined Precinct
Horned Toad County after redistricting
County Election 1
County Election 2
County Election 3
County Election Precinct 3 now has 275 registered voters.
Commissioner 1
Justice 1
Commissioner 2
Justice 2
County Election 4
County Election 5
County Election 6
County Election 7
Commissioner 3
Justice 3
Commissioner 4
Justice 4
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Texas Secretary of State

30. Texas Secretary of State
Combined Precinct
Polling Place
In this case, Pct 3 may be combined with Pct 2.
May combine even though Pct 3 is in a different Commissioner/Justice Precinct which will have a different ballot style.
Voters in Pct 3 will go to the polling place located in Pct 2.
There may be one set of election workers, but separate records must be provided/kept:
List of Registered Voters for Pct 2 and for Pct 3.
Combination Form for Pct 2 and 3.
Reported to SOS as Pct 2 and Pct 3.
County Election 2
County Election 3
Commissioner 1
Justice 1
Commissioner 2
Justice 2
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Texas Secretary of State

31. Consolidated Precinct
Horned Toad County
If a special election ordered by governor, e.g. constitutional amendment election or special election to fill a vacancy in legislature, or a primary election, Pct 1 and Pct 2 may be consolidated to form a single election day precinct.
Pct 1 and Pct 2 may be consolidated because there be will one ballot style.
Voters will have one polling place in the consolidated precinct.
Records are kept for the consolidated precinct, not the county election precinct:
One list of registered voters
One combination form, etc.
Report to SOS as a single precinct.
County Election 1
County Election 2
Commissioner 1
Justice 1
Polling Place
Consolidated Precinct 1
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Texas Secretary of State

32. Reviewing County Election Precincts
Commissioners courts are required to review county election precinct boundaries in March or April of odd-numbered years to determine compliance with , , and
May order changes by May 1 of the odd numbered year in order to achieve compliance with state law. Changes will be effective on January 1 of even-year following odd numbered year. (42.031, )
Commissioners court may only order changes during March or April unless the change is necessary to:
Comply with Sec or Sec
Reduce the number of registered voters so it is in compliance with Sec , or
Include a suitable building for a polling place if no suitable precinct exists within the existing boundary lines.
12/9/2018
Texas Secretary of State

33. Texas Secretary of State
Redistricting
If legislative redistricting will require changes to county election precincts, commissioners court must order the changes by October 1 of the redistricting year.
Elimination of Certain County Election Precincts (42.010)
After redistricting of certain territories, the commissioners court may take actions to eliminate precincts with no population or a “substantially small” population after redistricting.
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Texas Secretary of State

34. Effects of Boundary Changes on County Election Precincts
General Rule: Changes in boundaries take effect on the first day of the even-numbered year following the voting year in which the change is ordered. (42.033)
Notice of Change
Notice to Voter Registrar – not later 7 days after order is adopted. (42.034)
Notice to the Public – publish in newspaper the week following adoption. (42.035)
Notice to Secretary of State – not later than 20 days after order is adopted. (42.037)
Special Notice requirements for Counties with population over 1 million (42.036)
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Texas Secretary of State

35. Texas Secretary of State
Polling Places
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Texas Secretary of State

36. Texas Secretary of State
Polling Places
GENERAL RULE
Each election precinct established for an election shall be served by a single polling place located within the boundary of the precinct. (43.001)
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Texas Secretary of State

37. Designating Polling Places
General Election or Special Election using County Election Precincts (43.002)
Regular County Election Precincts: County Clerk recommends location of polling place; commissioner court shall adopt designation.
Consolidated Election Precincts: Commissioners court designates the location of the polling place.
County population of more than 175,000: the commissioners court may not designate a location as a polling place that would require a voter to travel more than 25 miles from the voter’s residence to their precinct polling place.
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Texas Secretary of State

38. Designating Polling Places
Primary Election (43.003)
Regular Election Precinct: County chair of political party holding a primary designates location of polling place.
Consolidated Election Precinct: County executive committee designates the location.
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Texas Secretary of State

39. Designating Polling Places
Elections of Other Political Subdivisions (43.004)
Regular Election Precinct: Governing body of political subdivision designates the location of polling place.
November Uniform Election date: If the political subdivision is required to use the county election precinct, they shall designate the regular county election precinct polling places that contain the territory of the political subdivision as their polling places.
Special Elections under Sec of Election Code
Authority establishing election precincts under designates the location of the polling place for each precinct.
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Texas Secretary of State

40. Buildings as Polling Places
Requirements (43.031)
Must be located inside a building.
Must be a public building, if practicable.
May not be located at the residence of a person who is a candidate for elective office or related to the candidate.
Must be accessible. (43.034)
The entity that owns the public building may refuse use if more than one entity asks permission for the building and simultaneous use by several entities is impracticable.
Primary Election: if the parties share polling places, the polling place must be sufficient to accommodate both elections.
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Texas Secretary of State

41. Texas Secretary of State
Public Building
If a public building is unavailable in a county election precinct, the county commissioners my purchase or construct a building in the precinct for that purpose. (43.032)
There is no charge (including a charge for personnel, utilities, or other expenses incurred before or after regular business hours) for the use of a public building if the day on which the election is held, the building is normally open for business. (43.033)
If the building is not normally open for business, a charge may be made only for reimbursement for the actual expenses resulting from the use of the building in the election. (43.033)
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Texas Secretary of State

42. Texas Secretary of State
Notice
Consolidated Precinct:
Not later than 21st day before election day: Must post notice of consolidation, which must include the location of each polling place on bulletin board used for meeting notices. (4.003(b), )
Not later than 10th day before election day: Must post notice at the polling place used in the preceding general election. Notice must have location of polling place for consolidated precinct and must be posted through election day. (4.003(b), )
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Texas Secretary of State

43. Texas Secretary of State
Notice
Change in Polling Place in Same Election (Ordered by Governor or County Judge): If a polling place changes after notice of election, CC/EA must give notice not later than the earlier of;
24 hours after location is changed; or
72 hours before polls open on election day.
Notice Requirements
Must be given to all candidates.
District Office: Notice to County Chair
Independent Candidate: County Judge
Must post notice on website. (43.061)
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Texas Secretary of State

44. Texas Secretary of State
Notice
Change in Polling Place from Previous Election
Post notice at entrance to previous polling place
Must state location of new polling place. (43.062)
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Texas Secretary of State